City Council/Successor Agency/Public Finance Authority
October 10, 2024

CITY OF AVENAL
“Pistachio Capital of the World®”

REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
OCTOBER 10, 2024; 5:15 P.M.

AVENAL THEATER & EVENT CENTER, 233 E. KINGS ST., AVENAL, CA VIA ZOOM VIDEO/WEB CONFERENCING:

Web Link: bit.ly/AvenalCouncil or use https://us02web.zoom.us/j/87243440488 Or by calling +1 669 900 6833 and use meeting ID 872 4344 0488 to join.

Study Session: Measure B Presentation & Budget Workshop 4:15pm LAST ORDINANCE: 2023-06 CITY LAST RESOLUTION: 2024-45
(SA) LAST RESOLUTION: 2024-03 PFA LAST RESOLUTION: 2024-02 AGENDA

1. CALL TO ORDER & PLEDGE OF ALLEGIANCE:

2. ROLL CALL: Councilmembers: Louis Gravelle, Ricardo Verdugo, Pablo Hernandez, Mayor Pro Tem Alejandro Ramirez; Mayor Alvaro Preciado.

CITY CLERK:

Government Code Section 54952.3: The members of the City Council/Successor Agency are entitled to receive a total of $450.00 per month because of being elected to the City Council. They receive no other compensation for sitting as a member of Successor Agency.

3. CLOSED SESSION: (City/Successor Agency):

It is the intent of this governing body to meet in closed session to review its position and to instruct its designated representatives: Any person may directly address the Council/Agency at this time on items of interest regarding Closed Session.

A. Personnel (Government Code §54957(b)).

Consider Public Employee Performance Evaluation for the Position of: City Manager B. Conference with Labor Negotiator(s) (Government Code § 54957.6).

It is the intent of this governing body to meet in Closed Session to review its position and to instruct its designated representatives: Designated representatives: City Employees Bargaining Units 4.

4. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES:

Any person may directly address the Council/Agency at this time on any item on the agenda or on any other items of interest to the public that is within the subject matter jurisdiction of the City Council/Successor Agency. State Law prohibits any member of the Council/Agency from commenting or acting on matters not on the agenda. Three (3) minutes are allowed per person.

5. CONSENT CALENDAR:

All items listed under the consent calendar are routine or for approval only and are enacted by one motion: (Action).

A. Consider City of Avenal/Successor Agency’s Approval of Minutes for September 26, 2024.

B. Consider Updating the City Clerk/Administrative Assistant job description to City Clerk/Community Development Coordinator, within Avenal City Hall (Resolution 2024-46).

C. Consider Entering into an M.O.U. with Avenal Rotary Club for the 2024 Pistachio Days Festival.

D. Consider Adoption of Citywide Policy Governing the Assignment and Use of Take-Home Vehicles for City Employees (Resolution 2024-47).

E. Consider Adoption of Citywide Policy Governing Travel Per Diem and Mileage Reimbursements (Resolution 2024-48).

6. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS:

A. Activity Reports:

1. Public Works/Code Enforcement/Animal Control Departments Activity Report: Scott Davis, Public Works Supervisor.
a. City Engineer’s Activity Report: Javier Andrade –A&M Consulting Engineers

2. IT Department Activity Report: Humberto Bermudez, IT Manager.

3. Recreation Department Activity Report: Anna Lara, Community Activities Senior Leader

7. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ ITEMS FOR CONSIDERATION:

A. None.

October 10, 2024 Pg. 1

8. PUBLIC HEARING(s):

A. Consider Proposed City of Avenal Fiscal Year (FY) 2024/2025 City Budget /Fees & Charges:
• Staff Report
• Public Hearing
• Discussion/Action: Approval by Resolution (including Fees & Charges).Note: Funding Requests included in FY 2024/2025
B. Consider Comprehensive Zoning and Subdivision Ordinance Update:
• Staff Report
• Public Hearing
• Discussion/Action: Approval by Resolution.

9. OLD BUSINESS:

A. Consider Approving SRO Agreement with RSUSD (Resolution 2024-4X) (Discussion/Action).

10. NEW BUSINESS:

A. None.

11. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS:

Any Council member may request an item be placed on a future agenda, provided that a simple majority also support adding said item. Discussion or action on any item not on the current agenda is strictly prohibited. Closing comments are intended for Council members to report attendance of any special events and pertinent information back to the public.
• Upcoming/Future Agenda Items to Consider.
• Correspondence/Announcements/Information/Closing Comments.

12. ADJOURNMENT:
1) In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office (559) 386-5766. Avenal Theater & Event Center, 233 East Kings Street Avenal, CA 93204. Notification 48 hours prior to the meeting will enable the city to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.02.35.1044 AA Title II].
2) Materials related to an item on this Agenda submitted to the [Council/ Authority] after distribution of the agenda packet are available for public inspection in the [City Clerks] office at 919 Skyline Blvd., Avenal, CA 93204 during normal business hours.

I certify this Agenda of the City of Avenal City Council workshop is to be posted at the following locations: 1) City Council Chambers, Avenal Theater 233 E. Kings St.; 2) City Hall 919 Skyline Blvd.; 3) Avenal Lumber, 600 Skyline Blvd.; and 4) T&T Market, 801 Skyline Blvd. Avenal CA 93204 on, October 7, 2024.
__ /s/ Maria Ortiz
Maria Ortiz, City Clerk
October 10, 2024 Pg. 2

CIUDAD DE AVENAL
"Capital Mundial® del Pistacho"
REUNIÓN ORDINARIA DEL CONCEJO MUNICIPAL/AGENCIA
SUCESORA/PFA EL 10 DE OCTUBRE DE 2024; 5:15 P.M.

TEATRO Y CENTRO DE EVENTOS AVENAL, 233 E. KINGS ST., AVENAL, CA A TRAVÉS DE VIDEO/CONFERENCIA WEB DE ZOOM:

Enlace web: bit.ly/AvenalCouncil o utilizar https://us02web.zoom.us/j/87243440488 O llamando al +1 669 900 6833 y utilizando el ID de reunión 872 4344 0488 para unirse.

Sesión de Estudio: Presentación de la Medida B y Taller de Presupuesto 4:15 horas ÚLTIMA ORDENANZA: 2023-06. ÚLTIMA RESOLUCIÓN DE LA CIUDAD: 2024-45 (SA) ÚLTIMA RESOLUCIÓN: 2024-03 ÚLTIMA RESOLUCIÓN PFA: 2024-02 AGENDA

1. LLAMADO AL ORDEN Y JURAMENTO DE LEALTAD:

2. PASE NOMINAL: Concejales: Louis Gravelle, Ricardo Verdugo, Pablo Hernández, Alcalde Interino Alejandro Ramírez; Alcalde Álvaro Preciado.

SECRETARIO MUNICIPAL:

Sección 54952.3 del Código de Gobierno: Los miembros del Concejo Municipal/Agencia Sucesora tienen derecho a recibir un total de $450.00 por mes debido a ser elegidos para el Concejo Municipal. No reciben ninguna otra compensación por ser miembros de la Agencia Sucesora.

3. SESIÓN CERRADA: (Ciudad/Agencia Sucesora):

Es la intención de este órgano rector reunirse en sesión cerrada para revisar su posición e instruir a sus representantes designados: Cualquier persona puede dirigirse directamente al Consejo/Agencia en este momento sobre temas de interés relacionados con la Sesión Cerrada.

A. Personal (Código de Gobierno §54957(b)).

Considere la Evaluación del Desempeño de los Empleados Públicos para el Puesto de: Administrador de la ciudad
B. Conferencia con el (los) negociador(es) laboral(es) (Código de Gobierno § 54957.6).

Es la intención de este órgano rector reunirse en sesión cerrada para examinar su posición e instruir a sus representantes designados para: Representantes designados: Unidades de Negociación de los Empleados de la Ciudad 4.

4. COMENTARIOS PÚBLICOS/ANUNCIOS Y APARICIONES NO PROGRAMADAS:

Cualquier persona puede dirigirse directamente al Concejo / Agencia en este momento sobre cualquier tema en la agenda o sobre cualquier otro tema de interés para el público que esté dentro de la jurisdicción temática del Concejo Municipal / Agencia sucesora. La ley estatal prohíbe a cualquier miembro del Consejo/Agencia comentar o actuar sobre asuntos que no están en la agenda. Se permiten tres (3) minutos por persona.

5. CALENDARIO DE CONSENTIMIENTO:

Todos los elementos enumerados en el calendario de consentimiento son de rutina o solo para aprobación y se promulgan mediante una moción: (Acción).

A. Considere la aprobación de las minutas de la Ciudad de Avenal/agencia sucesora para el 26 de septiembre de 2024.

B. Considere actualizar la descripción del trabajo de Secretario Municipal/Asistente Administrativo a Secretario Municipal/Coordinador de Desarrollo Comunitario, dentro del Ayuntamiento de Avenal (Resolución 2024-46).

C. Considere la posibilidad de firmar un M.O.U. con el Club Rotario Avenal para el Festival de los Días del Pistacho 2024.

D. Considerar la adopción de una política municipal que rija la asignación y el uso de vehículos para llevar a casa para los empleados de la ciudad (Resolución 2024-47).

E. Considerar la adopción de una política municipal que rija los reembolsos de viáticos y millas (Resolución 2024-48).

6. INFORMES DE ACTIVIDADES/PRESENTACIONES ESPECIALES E INFORMES DE COMITÉS:

A. Informes de actividad:

1. Informe de Actividades de los Departamentos de Obras Públicas/Aplicación de Códigos/Control de Animales: Scott Davis,
Supervisor de Obras Públicas.

October 10, 2024 Pg. 3
a. Informe de Actividad del Ingeniero de la Ciudad: Javier Andrade – A&M Consulting Engineers

2. Reporte de Actividad del Departamento de TI: Humberto Bermúdez, Gerente de TI.

3. Informe de Actividades del Departamento de Recreación: Anna Lara, Líder Senior de Actividades Comunitarias

7. ALCALDE Y CONCEJAL / AGENCIA SUCESORA / PUNTOS A CONSIDERAR:

A. Ninguno.

8. AUDIENCIA(s) PÚBLICA(s):

A. Considere el presupuesto de la ciudad / tarifas y cargos propuestos para el año fiscal (FY) 2024/2025 de la ciudad de Avenal:
• Informe del personal
• Audiencia Pública
• Discusión/Acción: Aprobación por Resolución (incluyendo Tarifas y Cargos).Nota: Solicitudes de financiamiento incluidas en el año fiscal 2024/2025
B. Considere la actualización integral de la ordenanza de zonificación y subdivisión:
• Informe del personal
• Audiencia Pública
• Discusión/Acción: Aprobación por Resolución.

9. NEGOCIO ANTIGUO:

A. Considerar la aprobación del acuerdo de SRO con RSUSD (Resolución 2024-4X) (Discusión/Acción).

10. NUEVOS NEGOCIOS:

A. Ninguno.

11. CORRESPONDENCIA/ANUNCIOS/COMENTARIOS FINALES:

Cualquier miembro del Consejo podrá solicitar que un tema se incluya en un orden del día futuro, siempre que una mayoría simple también apoye la adición de dicho tema. Queda terminantemente prohibida la discusión o acción sobre cualquier tema que no esté en el orden del día actual. Los comentarios finales tienen la intención de que los miembros del Consejo informen al público sobre la asistencia a cualquier evento especial e información pertinente. • Próximos y futuros puntos del orden del día a tener en cuenta. • Correspondencia/Anuncios/Información/Comentarios finales.

12. APLAZAMIENTO:
1) En cumplimiento con la Ley de Estadounidenses con Discapacidades, si necesita asistencia especial para participar en esta reunión, comuníquese con la Oficina del Secretario de la Ciudad (559) 386-5766. Teatro y Centro de Eventos Avenal, 233 East Kings Street Avenal, CA 93204. La notificación 48 horas antes de la reunión permitirá a la ciudad hacer arreglos razonables para garantizar la accesibilidad a esta reunión [28 CFR 35.02.35.1044 AA Título II]. 2) Los materiales relacionados con un punto de esta Agenda presentados al [Concejo/Autoridad] después de la distribución del paquete de la agenda están disponibles para inspección pública en la oficina [de los Secretarios Municipales] en 919 Skyline Blvd., Avenal, CA 93204 durante el horario comercial normal.

Certifico que esta Agenda del taller del Concejo Municipal de la Ciudad de Avenal se publicará en los siguientes lugares: 1) Cámaras del Concejo Municipal, Teatro Avenal 233 E. Kings St.; 2) Ayuntamiento, 919 Skyline Blvd.; 3) Madera Avenal, 600 Skyline Blvd.; y 4) T&T Market, 801 Skyline Blvd. Avenal CA 93204 el 7 de octubre de 2024.
__ /s/ María Ortiz
María Ortiz, Secretaria Municipal
October 10, 2024 Pg. 4

CITY OF AVENAL
“Pistachio Capital of the World®”

REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
SEPTEMBER 26, 2024, 5:15 P.M.

AVENAL THEATER & EVENT CENTER, 233 E. KINGS ST., AVENAL, CA VIA ZOOM VIDEO/WEB CONFERENCING:

Web Link: bit.ly/AvenalCouncil or use https://us02web.zoom.us/j/87243440488 Or by calling +1 669 900 6833 and use meeting ID 872 4344 0488 to join.

MINUTES
CALL TO ORDER & PLEDGE OF ALLEGIANCE: by Mayor Preciado at 5:15 p.m.

ROLL CALL: Councilman, Ricardo Verdugo, Pablo Hernandez, Mayor Alvaro Preciado.

ABSENT: Councilman Lou Gravelle, Mayor Pro Tem Alejandro Ramirez STAFF: Lopez, Ortiz, Price, Bermudez, Davis, Velasco, Lara-Nieto.

LEGAL COUNCEL: Moses Diaz.

CITY CLERK:

Government Code Section 54952.3: The members of the City Council/Successor Agency are entitled to receive a total of $450.00 per month because of being elected to the City Council. They receive no other compensation for sitting as a member of Successor Agency.

The City Council went into Closed Session at 5:19 p.m.

CLOSED SESSION: (City/Successor Agency):

It is the intent of this governing body to meet in closed session to review its position and to instruct its designated representatives: Any person may directly address the Council/Agency at this time on items of interest regarding Closed Session.

A. Personnel (Government Code §54957(b)).

Consider Public Employee Performance Evaluation for the Position of: City Manger Mayor Preciado reopened meeting at 6:20 p.m. with nothing to report.

PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES:

Maria Ortiz, City Clerk stated no comment cards have been submitted at this time. Staff presented a video was presented of the Avenal Cutoff Road project and pictures.

CONSENT \CALENDAR:

All items listed under the consent calendar are routine or for approval only and are enacted by one motion: (Action).

A. Consider City of Avenal/Successor Agency’s Approval of Minutes for September 12, 2024.

B. Consider Approval of the Avenal Police Department and Veterans Memorial Hall Roof Replacement Project Bid from to Nations Roof West, LLC (Resolution 2024-42).

C. Consider approval of Resolution Granting Signing Authority to Avenal Police Chief for the 2024 Byrne State Crisis Intervention Program (SCIP) Grant (Resolution 2024-43).

D. Consider Establishing Three Additional Employment Positions (Deputy City Clerk, IT Director, Utilities Director) within Avenal City Hall (Resolution 2024-44).

RESOLUTION 2024-42: THE CITY COUNCIL OF THE CITY OF AVENAL AWARDING THE POLICE

DEPARTMENT AND VETERENS MEMORIAL HALL ROOF REPLACEMENT PROJECT TO NATIONS ROOF WEST, LLC. Councilman Verdugo made a motion to approve, seconded by Councilman Gravelle and carried.

AGENDA ITEM NO. 5. – A.

October 10, 2024 Pg. 5
Joint Meeting City Council/Successor Agency/PFA – September 26, 2024

RESOLUTION 2024-43: THE CITY COUNCIL OF THE CITY OF AVENAL GRANTING SIGNING AUTHORITY FOR THE BYRNE STATE CRISIS INTERVENTION PROGRAM (SCIP) GRANT. Councilman Verdugo made a motion to approve, seconded by Councilman Gravelle and carried.

RESOLUTION 2024-44: ESTABLISHMENT OF THREE ADDITIONAL EMPLOYMENT POSITIONS WITHIN

AVENAL CITY HALL AND UPDATING CERTAIN JOB DESCRIPTIONS - INFORMATION TECHNOLOGY DIRECTOR, UTILITIES DIRECTOR, DEPUTY CITY CLERK & INFORMATION TECHNOLOGY.

MANAGER/COMMUNICATIONS COORDINATOR Councilman Verdugo made a motion to approve, seconded by Councilman Gravelle and carried.

Council Member/Successor Agency Member Verdugo motioned to approve Consent Calendar, seconded by Councilman/Successor Agency Member Gravelle, and motion carried.

ROLL CALL VOTE:

AYES: Verdugo, Gravelle , Preciado.

NOES: None.

ABSENT: Hernandez, Ramirez.

ABSTAIN: None.

ACTIVITY REPORTS/SPECIAL PRESENTATIONS& COMMITTEE REPORTS:

A. Activity Reports:

1. Police Department Activity Report: Cecilio Velasco, Chief of Police.

Cecilio Velasco, Chief of Police reported the following: 1) Leadership Stability; 2) Recruit & Retain the best and showed recruitment video for APD; 3) international Model of Community Trust; 4) Amongst the safest cities in America; and 5) Embrace wellness amongst our employees.

2. Community Development Activity Report: Karl Schoettler, Contract City Planner, 4Creeks.

Karl Schoettler, Contract City Planner, 4Creeks reported activity as follows: 1) Responded to miscellaneous inquires. 2) Prepared public hearing notice and staff items for upcoming Conditional Use Permit; 3) Fresno and Kings change/Avenal Annexation; and 4) Coordinate with Kings County Multi-Jurisdictional Housing Element.

3. Economic Development & Grant Writing Report: Emily Engelsgaard, Grants Manager, the CrisCom Company.

Emily Engelsgaard, Grants Manager, the CrisCom Company was unable to attend meeting.

City Manager Lopez briefly presented the report as follows: 1) Legislative update; 2) Avenal Budget request- Congressman Valadao prioritized and submitted 4M. Water Storage Tank Project; 3) Senate Race: Garvey vs Schiff; 4) Sacramento Snapshot - a resource that delivers concise summaries of all relevant bills from the California State Legislature; 5) Economic Development update; 6) Grant writing updates -Awarded Grant Patrick Leahy Bulletproof Vest Partnership (BVP) - Ask:
$6,765.15; 7) Upcoming: • Animal Shelter Shape-up Grant - Due September 29th • Beverage Container Recycling City/County Payment Program - Due November 19th • Per Capita Program - Due December 31st • T-Mobile Hometown Grant - Due December 31st; 8) Miscellaneous - courthouse, lastly, if the City of Avenal is planning on attending League of California Cities on October 16 & 17, please stop by our booth.

MAYOR & COUNCIL MEMBERS/ SUCCESSOR AGENCY/ITEMS FOR CONSIDERATION:

A. Information about new Utility Billing software implementation – City Manager (Informational).

City Manager Lopez reported that The City of Avenal has utilized Central Square Community Plus for utility billing services for several years. However, as the system has aged, it is increasingly becoming outdated and no longer offers the flexibility and features necessary to keep up with current technological and operational demands. Additionally, Central Square has indicated that support for the legacy system is winding down, further prompting the need for a transition.

OVERVIEW OF CHANGES:

October 10, 2024 Pg. 6
Joint Meeting City Council/Successor Agency/PFA – September 26, 2024

1. Online Bill Pay: • With OpenGov, residents will now have access to a fully integrated online bill pay system, streamlining the payment process. This feature will significantly improve convenience by allowing customers to pay their bills from anywhere at any time.

2. 2. ACH Payments: • OpenGov will enable automatic clearing house (ACH) payments, offering customers a seamless option for automatic payments, reducing late payments, and ensuring consistent, timely revenue for the City.

3. Customer Usage and Billing Insights: • One of the most impactful changes is the ability for community members to view their water usage and billing details online. This feature will allow customers to monitor usage trends and better understand their bills, promoting transparency and water conservation.

4. Unified Financial System: • Integrating OpenGov with our broader financial management system will streamline financial accounting, reporting, and reconciliation. This will reduce manual processes, improve accuracy, and simplify audits and budgeting for utility funds.

5. Elimination of Legacy Systems: Transitioning away from Central Square Community Plus ensures that the City will no longer rely on a system that is end-of-life As the transition begins, City Hall will not be processing cash payments from October 17, 18, and 21. With the 21st possibly closing the office half the day. The system should be fully operational by Tuesday October 22nd.

B. Proclaiming October as National Fire Prevention Month – Resolution 2024-45 Blake Adney, Fire Marshal/Battalion Chief reported that The Kings County Fire Department requests that the Avenal City Council to proclaim the month of October 2024 as Fire Prevention Month in Kings County. During this time the Fire Department will bring fire safety awareness and public education to the communities that are within Kings County. The attached resolution proclaims the month of October as Fire Prevention Month by the City of Avenal promotes community resiliency by bringing awareness to the residents of Avenal. This effort is met by conducting fire education throughout schools and community events and promoting resiliency.

RESOLUTION 2024-45: IN THE MATTER OF PROCLAIMING THE MONTH OF OCTOBER 2024 AS NATIONAL FIRE PREVENTION MONTH. Councilman Gravelle motioned to approve, seconded by Councilman Verdugo and motion carried.

ROLL CALL VOTE:

AYES: Gravelle , Verdugo, Preciado.

NOES: None.

ABSENT: Hernandez, Ramirez.

ABSTAIN: None.

PUBLIC HEARING(s):

Joint Hearing of the City of Avenal Successor Agency RDA Trust Obligations Fund/Public Finance Authority:

A. Consider Proposed City of Avenal Fiscal Year (FY) 2024/2025 City Budget /Fees & Charges:
• Staff Report
• Public Hearing
• Discussion/Action: Approval by Resolution (including Fees & Charges).

Note: Funding Requests included in FY 2022/2023.

City Manager Lopez reported that would like to continue Consider Proposed City of Avenal Fiscal Year (FY) 2024/2025 City Budget /Fees & Charges to the next City Council meeting.

Councilman Gravelle made a motion to continue Public Hearing to the next City Council meeting October 10, 20024, seconded by Councilman Verdugo and motion carried.

ROLL CALL VOTE:

AYES: Gravelle , Verdugo, Preciado.

NOES: None.

ABSENT: Hernandez, Ramirez.

ABSTAIN: None.

B. Consider Comprehensive Zoning and Subdivision Ordinance Update:
• Staff Report
October 10, 2024 Pg. 7
Joint Meeting City Council/Successor Agency/PFA – September 26, 2024

• Public Hearing
• Discussion/Action: Approval by Resolution.

City Manager Lopez reported that would like to continue Consider Comprehensive Zoning and Subdivision Ordinance Update: to the next City Council meeting.

Just before the. October 10. Thank you. That's public hearing. Yes, although kind of same as with this past item, this was Mayor Preciado opened Public Hearing at 7:36 p.m.

Councilman Gravelle made a motion to continue Public Hearing to the next City Council meeting October 10, 2024, seconded by Councilman Verdugo and motion carried.

ROLL CALL VOTE:

AYES: Gravelle , Verdugo, Preciado.

NOES: None.

ABSENT: Hernandez, Ramirez.

ABSTAIN: None.

OLD BUSINESS:

A. Consider Approving SRO Agreement with RSUSD: (Discussion/Action).

City Manager Lopez reported still negotiation SRO Agreement requesting to table item.

Mayor Preciado made the motion to table, seconded by Councilman Verdugo and motion carried ROLL CALL VOTE:

AYES: Preciado, Verdugo, Gravelle.

NOES: None.

ABSENT: Hernandez, Ramirez.

ABSTAIN: None.

NEW BUSINESS:

A. None.

CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS:

City Manager Lopez reported the following: 1) Thanked, City Council for a speedy meeting and moving in the right direction; 2) The restroom at the Community Garden is completed and showed pictures.

Councilman Verdugo reported the following: Thanked all City staff.

Mayor Preciado reported the following: 1) attended many meetings and thanks the community for attending.

ADJOURNMENT:

Mayor Preciado report that with no further business the meeting was adjourned at 7:57 p.m.

Respectfully submitted,
Maria Ortiz, City Clerk
October 10, 2024 Pg. 8
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 5. – B
TO: The Honorable Mayor and City Council
FROM: Antony V. López
DATE: October 10, 2024
RE: Consider Updating the City Clerk/Administrative Assistant job description to City Clerk/Community Development Coordinator, within Avenal City Hall INFORMATION:

Staff continues presenting a comprehensive plan to update the City Clerk position within Avenal City Hall. During the last council meeting on September 26, 2024, the Council approved several other employment positions, while this one required additional time for review and solidification of duties. The individual in the position will remain, but with updated responsibilities that reflect the work they are already performing in City operations.

Staff has taken this time to clarify all aspects of the role and is now presenting the finalized updates for approval – specifically, this role will oversee the building and community development departments as a liaison to our trusted partners at Wildan and 4Creeks, and supervise the Building Assistant, Building Inspector (when filled), and the Deputy City Clerk (when filled).

RECOMMENDATION:

It is recommended that the City Council approve the update to the City Clerk position to the City Clerk/Community Development Coordination role to ensure that Avenal City Hall can meet the demands of its growing community while supporting continuity and operational efficiency.

FISCAL IMPACT:

Updating of this position will result in salary adjustments to ensure the role align with industry standards and reflect the level of expertise and responsibility required. These changes will be incorporated into the City's fiscal year budget, with salary ranges reflective of the roles' increased scope and complexity.

October 10, 2024 Pg. 9

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF:

UPDATING THE CITY CLERK JOB

DESCRIPTION
RESOLUTION 2024-_46_
WHEREAS, the City Council of the City of Avenal (“City”) desires to consider information and recommendations from the City Manager pursuant to Avenal Municipal Code § 2-4.108(d) pertaining to reorganization and creation of employment positions; WHEREAS, the City Clerk/Administrative Secretary’s responsibilities have expanded significantly to include major elements of community development, building, and planning; and
WHEREAS, the City of Avenal desires to update the job description for the City Clerk/Administrative Secretary, to the City Clerk/Community Development Director to ensure it reflects the current operational needs and complexity of responsibilities; and WHEREAS, it is the intent of the City Council to update the permanent full-time employment position and approve the job announcements and details thereof.

UPON MOTION OF COUNCIL MEMBER , SECONDED BY

COUNCIL MEMBER , THE FOLLOWING WAS PASSED,

APPROVED, AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL MEETING HELD ON October 10, 2024, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:
,
AVENAL
MARIA A. ORTIZ,
City Clerk

CITY OF AVENAL
* * * * * * * * * * * * * * * * * *
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL:
__________________________________
ALVARO PRECIADO, Mayor

CITY OF AVENAL
October 10, 2024 Pg. 10

1. Found that the foregoing recitals are true;

2. Approved the updates to the job descriptions for the positions of City Clerk ATTACHMENT A;

3. Confirmed that the new and updated employment positions created by this resolution shall be funded under the relevant department budgets for the current fiscal year; and

4. Confirmed that the new employment positions created by this resolution shall be funded under the relevant department budgets for the current fiscal year, unless a budget amendment is necessary, in which case it shall be added to a future Council meeting agenda, the new employment positions created by this resolution shall be considered funded under the FY 2024/2025 City Budget; and

5. Authorized the City Manager, City Clerk and all relevant City staff to carry out the terms and conditions of this resolution and to take all steps reasonably necessary, proper and/or convenient and/or incidental thereto.
* * * * * * * * * * * * * * * * * *
October 10, 2024 Pg. 11
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
1 CITY CLERK/COMMUNITY DEVELOPMENT COORDINATOR
SALARY: J $ $5,803.93 - $ $7,058.91 per month
REPORTS TO: City Manager
DEFINITION:

Under the direction of the City Manager, this role involves overseeing all City Clerk responsibilities while managing the intake and operations of the Community Development Department. It includes serving as the Clerk to the Planning Commission Board and coordinating with city planning, building departments, and contractors. This position ensures effective collaboration across departments, including Code Enforcement, to address community development and building-related matters. The position also supervises the Deputy City Clerk, Contract City Planner, Building Department (Building Assistant, Building Inspector and related consultants), assigns responsibilities accordingly, and acts as a liaison or directs staff on behalf of the City Manager.

POSITION CHARACTERISTICS:

This role requires balancing clerical, administrative, and managerial duties across both City Clerk and Community Development functions. You will act as a liaison between the City and external contractors, oversee building department staff, and ensure the coordination of all items related to city planning and community development. The position interacts with various officials, staff, and the public while maintaining strong organizational and problem-solving skills. In addition, this position assists the City Manager in any and all tasks, and may act on their behalf when necessary.

EXAMPLE OF DUTIES:

Coordinates the City Manager’s and City Council’s incoming correspondence, visitors and telephone calls with the availability of the City Manager and the City Council members, exercising considerable and good judgment in dissemination of information, making referrals to the appropriate authority and initiating and composing correspondence; researches and compiles confidential and other data for Staff and Officials; clerical support to management and department heads, operates copiers and related office equipment, makes hotel and travel arrangements for Staff and City Council; maintains city records, assist other departments as needed; and performs related work as required.

CITY CLERK & CLERICAL DUTIES:

City Clerk Responsibilities:
- Manage official city records, legal filings, elections, public notices, and resolutions. - Oversee public access to records and handle notary services. - Collaborate with the City Manager and Mayor on agenda preparation for City Council meetings and other city functions.
- Handle FPPC Conflict of Interest filings and compliance with Brown Act requirements. - Supervise the Deputy City Clerk, Contract City Planner, and Building officials and assign responsibilities accordingly.

Community Development Coordination:
- Oversee the Building Department, supervising staff such as the Building Assistant and Building Inspector. - Serve as a liaison with the Contract City Planner, coordinating planning activities and processes. - Act as Clerk to the Planning Commission Board, preparing meeting agendas and minutes. - Ensure collaboration with Code Enforcement for addressing building and community violations. - Supervise consultants and contractors supporting community development and building projects.

General Administrative Support:

October 10, 2024 Pg. 12

ATTACHMENT A
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
2 - Maintain strong relationships with the public, other government agencies, and elected officials. - Research and prepare detailed reports, manage timelines, and assist with budget preparation. - Organize training and development programs for subordinate staff, ensuring compliance with local, state, and federal regulations.
- Assist the City Manager in any and all tasks, acting as a liaison and directing staff when necessary.

Perform any other duties as assigned or necessary.

KNOWLEDGE AND ABILITIES:
- Strong understanding of municipal legislative processes and community development operations. - Proficiency in coordinating planning and building department activities, including staff and project management.
- Knowledge of public records management, legal compliance (Brown Act, FPPC), and notary laws. - Ability to work independently, communicate effectively, and manage multiple tasks simultaneously.

SKILLS:

Plan, organize, and coordinate a variety of services, assignments, projects, elections and programs. Research, comprehend and interpret legal documents and codes. Interpret and provide technical advice and assistance to personnel. Communicate proficiently both orally and in writing with emphasis on detail, correct spelling and proper use of grammar. Interact with the community and the public, other government agencies and elected officials. Research and prepare complex detailed reports. Manage time-lines and work schedules. Apply information systems technology. Work flexible hours as needed for meetings, City functions and events, etc.

TRAINING:
• Course work and training in subject matter relevant to the functions of a City Clerk. • Notary Public certification
EDUCATION AND EXPERIENCE:
- High school diploma or equivalent required; 30 semester units of college coursework in secretarial science, business, or a related field preferred.
- A Certified Professional Secretary or Administrative Assistant Certificate is highly desirable and may substitute for required coursework.
-Must possess and have a valid Class “C” California Driver’s License is required - A minimum of three (3) years of progressively responsible experience in an administrative or clerical role, preferably within a government agency or as a Deputy City Clerk.

LICENSES/CERTIFICATIONS:
• California Drivers’ License.
• Notary Public Certification.

EMPLOYEE SHALL WORK HARMONIOUSLY WITH ALL CITY EMPLOYEES.

ALL FULL-TIME EMPLOYEES ARE REQUIRED TO HAVE A VALID CONTACT TELEPHONE.

EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER.

Revised 9/26/24
October 10, 2024 Pg. 13
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
“Pistachio Capital of the World”
“Oasis in the Sun – Gateway to the Coast”
AGENDA ITEM NO. 5.- C
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: October 10, 2024
RE: Consider Entering into an M.O.U. with Avenal Rotary Club for 2024 Pistachio Days Festival
INFORMATION:

For almost a decade, the Avenal Pistachio Days Festival has been a premier event in Avenal hosted and organized by the local Avenal Rotary Club. Established to mark the end of the harvest season, the Pistachio Days Festival also honors and celebrates the many Avenal residents who work in the pistachio industry for local partners such as Keenan Farms and the Wonderful Company. This festival aided in Avenal becoming officially trademarked as the Pistachio Capital of the World® since 2019.

The festival’s activities have included closing down Kings Street to host food vendors; the Miss Teen Avenal pageant; concerts; religious services; horseshoe tournament; corn hole tournament; tri-tip/pork loin cook-off; bounce houses and playland; art show; free movies; 2k/5k Walk/Run; raffles; local performances; Avenal's famous pistachio ice cream; and many more activities.

This year the Avenal Rotary Club is preparing to host the 9 th annual Pistachio Days Festival starting
October 15-21, 2024.

Although Pistachio Days Festival is now a staple of Avenal’s culture and a long-lasting tradition, Staff is seeking formal consent by Council to collaborate and commit resources to this event in collaboration with Avenal Rotary. Examples of potential resources being used are: City facilities (which now have a charge to non-profits), staff time to help manage certain activities, advertising the event, and city equipment.

Staff has prepared a basic M.O.U. to be signed by both the City and Avenal Rotary Club to begin the process of more formally recognizing the collaboration between both the City and Avenal Rotary Club, and authorizing the waiving of fees for City facilities.

RECOMMENDATION:

Staff is recommending, authorizing the City Manager to sign an M.O.U. with Avenal Rotary Club regarding the collaborations for the 2024 Pistachio Days Festival.

FISCAL IMPACT:

None. This event was already budgeted by Community Activities. Small loss in revenue by waiving the rental fees for City facilities.

October 10, 2024 Pg. 14

MEMORANDUM OF UNDERSTANDING

FOR USE OF CITY FACILITIES AND STAFF TIME
PISTACHIO DAYS FESTIVAL 2024
This AGREEMENT is made and entered into by the City of Avenal and Avenal Rotary International Club (Rotary), to establish partnership on a yearly event – Pistachio Days Festival held between October 15th – October 21st 2024.

WHEREAS, the Pistachio Days Festival will been organized and sponsored by Rotary every year and; WHEREAS, Rotary in collaboration with the City of Avenal will coordinate event providing free facilities for use, and staff time as feasibly possible;
NOW THEREFORE, City of Avenal and Rotary, enter into this agreement.

Staffing: Rotary will manage the event site during use and assist possible by assigning volunteer staff to the location. Also, request to the City Manager or Community Activities Supervisor for staff help when need on-site during the Pistachio Days Festival.

Costs: All reasonable and eligible costs associated with this event and the operation of the Pistachio Days Festival area that include City facilities, equipment and associated systems directly related to their use in support of the event will be waived for consideration at the discretion of the City Manager.

Recordkeeping: Daily logs showing hours worked and equipment and materials used in this event will be kept by both Rotary and the City for purposes of accounting and record keeping.

Insurance: Both of the Parties to this Memorandum of Understanding agrees to indemnify and hold the other Party harmless from and against any and all loss and damage, and any and all claims, demands, suits, liabilities and payments, including cost of defense, arising in whole or in part, out of the negligent act or omission of the party, its officers, employees, agents or subcontractors, or the negligent act or omission of any person for which a party or subcontractor is held liable.

Required Insurance – A Commercial General Liability coverage form at least as broad as ISO form CG 00 01 with limits of liability of no less than $500,000 per Class I event and $1 million for Class II – V events from a California admitted insurance company with an AM Best rating of no less than an “A VII” (subject to approval of the City), with the City of Avenal listed as an Additional Insured with Endorsement(s).

However, if any losses, damages, claims, demands, suits, liabilities and payments, including cost of defense, arise out of or result from the concurrent negligence of both parties, their officers, employees, agents, subcontractors or any other person for which a party is held liable, this indemnity provision shall be valid and enforceable only to the extent of the negligence of any indemnitor's officers, employees, agents, subcontractors, or any other person for which an indemnitor is held liable.

Amendments: This agreement may be amended at any time by signature approval of the parties' signatories or their respective designees.

Termination of Agreement: Each Party may withdraw at any time from this MOU, except as stipulated above, by transmitting a signed statement to that effect to the other Party. This MOU and the partnership created thereby will be considered terminated thirty (30) days at the conclusion of the final event of the 2024 Pistachio Days Festival activities Capacity to Enter into Agreement: The persons executing this MOU on behalf of their respective entities hereby represent and warrant that they have the right, power, legal capacity, and appropriate authority to enter this MOU on behalf of the entity for which they sign.

ROTARY CLUB CITY OF AVENAL
Jimmie D. Tuttle Antony V. López, City Manager
October 10, 2024 Pg. 15
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
AGENDA ITEM NO. 5. – D
TO: The Honorable Mayor and City Council
FROM: Antony V. López
DATE: October 10, 2024
RE: Consider Adoption of Citywide Policy Governing the Assignment and Use of Take-Home Vehicles for City Employees
INFORMATION:

Staff is recommending the adoption of a new Citywide policy governing the assignment, use, and revocation of take-home vehicles and general vehicle use for City employees.

The City of Avenal has historically assigned vehicles to various employees for official City business. However, no formalized policy has been in place to consistently regulate the assignment and use of take-home vehicles. In response, staff has developed a comprehensive policy that outlines the conditions for assigning take-home vehicles, general use of City vehicles, and specific guidelines for on-call staff and public safety personnel, such as the Avenal Police Department (APD). This policy also incorporates fueling requirements, safety standards, and the City Manager’s discretion in assigning and revoking vehicles based on operational needs and fiscal feasibility.

The new policy sets clear guidelines for:
• General Vehicle Use: City vehicles are for official business only, and employees are responsible for vehicle maintenance and proper use.
• Take-Home Vehicle Assignments: At the discretion of the City Manager, vehicles may be assigned based on operational needs, with periodic reviews to ensure continued alignment with City priorities.
• Special Assignments: Provisions for on-call staff and temporary vehicle use are included, as well as clarification for APD personnel regarding vehicle use on workdays. • Fueling and Documentation: Fueling must occur at the City’s Public Corporation Yard unless traveling or in emergency circumstances, and employees are required to submit vehicle logs and receipts.
• Compliance with Existing MOUs: The policy will work alongside the APOA MOU and other applicable agreements.

This policy aims to provide flexibility while ensuring vehicles are used efficiently and responsibly.

RECOMMENDATION:

It is recommended that the City Council adopt the attached resolution, approving the Citywide Take-Home and General Vehicle Use Policy for City Employees.

FISCAL IMPACT:

There are no direct fiscal impacts associated with the adoption of this policy. The policy supports the City Manager’s discretion to assign vehicles based on available resources and the City’s fiscal health.

October 10, 2024 Pg. 16

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF:

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF AVENAL
ADOPTING A CITYWIDE TAKEHOME AND GENERAL VEHICLE USE

POLICY FOR CITY EMPLOYEES
RESOLUTION 2024-_47_
WHEREAS, the City of Avenal provides City-owned vehicles for official City business to employees based on operational needs and fiscal feasibility; and WHEREAS, the City of Avenal seeks to formalize a policy governing the assignment, use, and revocation of take-home vehicles and general vehicle use to ensure responsible, efficient, and fiscally prudent management of City resources; and WHEREAS, the City Council recognizes the importance of having clear guidelines for the assignment and use of City vehicles, including take-home vehicle privileges, to ensure alignment with the City’s operational goals; and WHEREAS, the policy shall be applied consistently across all departments, including management, public safety, and on-call staff, and will be subject to periodic review by the City Manager.

UPON MOTION OF COUNCIL MEMBER , SECONDED BY

COUNCIL MEMBER , THE FOLLOWING WAS PASSED,

APPROVED, AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL MEETING HELD ON October 10, 2024, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:
,
AVENAL
MARIA A. ORTIZ,
City Clerk

CITY OF AVENAL
* * * * * * * * * * * * * * * * * *
__________________________________
ALVARO PRECIADO, Mayor

CITY OF AVENAL
October 10, 2024 Pg. 17

NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL:

1. Found that the foregoing recitals are true;

2. The Citywide Take-Home and General Vehicle Use Policy for City Employees, attached hereto as Exhibit A, is hereby adopted.

3. The City Manager is authorized to implement and enforce this policy, and may periodically review and update the policy as necessary.

4. Authorized the City Manager, City Clerk and all relevant City staff to carry out the terms and conditions of this resolution and to take all steps reasonably necessary, proper and/or convenient and/or incidental thereto.
* * * * * * * * * * * * * * * * * *
October 10, 2024 Pg. 18
City of Avenal
Citywide Take-Home and General Vehicle Use Policy for City Employees Purpose:

This policy establishes guidelines for the assignment, use, and revocation of City vehicles, including take-home vehicles, for City of Avenal employees, approved volunteers and affiliates. It ensures that vehicle assignments are fiscally responsible, aligned with operational needs, and clarifies expectations for both general vehicle use and take-home vehicle privileges.

Scope:

This policy applies to all City of Avenal employees, approved volunteers and affiliates, who are assigned or authorized to use City vehicles, including take-home vehicles, for official City business. It covers employees in management, public safety, on-call staff, approved volunteers and affiliates, and other departments where vehicle assignments are necessary.

Policy Provisions:

1. General Vehicle Use Policy:
• City vehicles are provided for official City business only and may not be used for personal purposes. Only approved drivers may conduct any city vehicle at any time. • Users must maintain the vehicle in a clean, operable condition, immediately report any damages or maintenance needs, and follow all applicable safety standards and driving laws. • Users are responsible for tracking and submitting receipts for fuel, repairs, and other vehiclerelated expenses, maintaining vehicle logs, and ensuring compliance with insurance requirements.
• Any misuse or violation of the general vehicle use policy may result in disciplinary action.

2. Assignment of Take-Home Vehicles:
• The City Manager (CM) shall have full discretion over the assignment of take-home vehicles to City employees, based on operational needs, resource availability, and fiscal feasibility. • Take-home vehicle assignments are not guaranteed and will be re-evaluated periodically to ensure continued alignment with City priorities.
• Employees eligible for a take-home vehicle must demonstrate the need based on job duties, such as frequent travel for City business, emergency response, or special assignments.

3. Use of Vehicles:
• Take-home vehicles are for official City business only and must be parked at a pre-approved off-street location when not in use.
• During periods of absence exceeding three days, take-home vehicles must be returned to or stored on City premises, unless otherwise arranged and approved by the City Manager. • All users are responsible for the proper maintenance, cleanliness, and security of all vehicles and must submit vehicle logs, fuel receipts, and any other relevant documentation as required. • Fueling must be done at the City’s Public Corporation Yard exclusively, unless employees are traveling or in an emergency situation that requires refueling outside of City limits. Otherwise, all refueling must be done at the City yard.

October 10, 2024 Pg. 19

EXHIBIT A
City of Avenal
Citywide Take-Home and General Vehicle Use Policy for City Employees • All users must sign out any assigned vehicle using the designated City equipment check-out form. Any damages caused by negligence or misuse will be the responsibility of the employee, and excess repair costs will be charged to the driver.

4. Special Assignments, Travel, and On-Call Staff:
• Employees on special assignments, such as on-call staff or those traveling for City business, may check out a vehicle for short-term use. The same rules for vehicle use, maintenance, and tracking of expenses apply to these temporary assignments. • Public safety personnel, such as Avenal Police Department (APD) employees, may receive takehome vehicles depending on their specific role or assignment. For example, sergeants or staff with emergency response duties may be granted take-home vehicle privileges. Patrol Staff may be allotted a vehicle limited to workdays unless otherwise authorized by the department. o For further information on vehicle assignments and take-home vehicle policy for APD staff, please refer to the APOA MOU.

5. Conditions of Assignment:
• The City Manager shall assign vehicles based on available resources and the City’s fiscal health.

New vehicle assignments will be subject to budgetary considerations. • The City reserves the right to reassign or revoke the use of any vehicle, including take-home vehicles, based on operational changes, budget constraints, or employee misconduct. • Employees and users must be in good standing with the DMV, hold a valid driver’s license, and adhere to all relevant driving laws.
• Employees and users must comply with the Central San Joaquin Valley Risk Management Authority’s policies regarding vehicle use and ridership. • This policy is designed to complement and work alongside other existing or future City policies or MOUs, including the MOU with the Peace Officer Association.

6. Review and Accountability:
• The City Manager shall conduct periodic reviews of all vehicle assignments, including takehome vehicles, to ensure the continued necessity of the assignment and compliance with this policy.
• Any misuse or violation of this policy may result in disciplinary action, including the revocation of vehicle privileges.

Effective Date:

This policy shall take effect upon adoption by the City Council and shall remain in effect until amended or rescinded by the City Manager or City Council.

October 10, 2024 Pg. 20
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 5. – E
TO: The Honorable Mayor and City Council
FROM: Antony V. López
DATE: October 10, 2024
RE: Consider Adoption of Citywide Policy Governing Travel Per Diem and Mileage Reimbursements
INFORMATION:

The City of Avenal’s current travel reimbursement policy, last updated in 2018 for per diem rates and 2001 for mileage rates, no longer conforms to current federal standards. The General Services Administration (GSA) sets federal per diem rates based on geographic location, while the IRS establishes annual mileage reimbursement rates. As the City’s partners and consultants already charge these updated rates, it is necessary for the City to revise its internal reimbursement policy to reflect these standards for employees.

This revision will align the City’s travel per diem rates with the latest GSA standards for meals and incidental expenses (M&IE) and the IRS mileage reimbursement rates. These updates are essential to ensuring fair and accurate compensation for employees traveling on behalf of the City. Additionally, the revised policy will clarify the City’s procedure for reimbursing workrelated travel expenses and ensure conformity with federal updates.

The new policy will also streamline the process by automatically adopting any changes to the GSA or IRS rates within 30 days of their release. Furthermore, it provides flexibility for the City Manager or Director of Administrative Services to approve other necessary work-related costs that fall outside standard per diem reimbursements.

Maintaining a current and federally compliant travel reimbursement policy is crucial to ensuring equitable employee compensation and minimizing administrative challenges. By adopting the proposed resolution, the City will align with federal per diem and mileage rates and ensure that future adjustments are seamlessly integrated into the policy.

RECOMMENDATION:

Staff recommends the City Council adopt the proposed resolution to update the City’s travel per diem and mileage reimbursement policy, aligning it with the latest GSA and IRS standards.

These updates will automatically take effect 30 days after any changes to the federal standards.

FISCAL IMPACT:

Updating the City’s reimbursement policy to reflect federal standards may result in slightly higher travel expense reimbursements. However, these adjustments will align the City with fair and competitive rates and prevent discrepancies between employee reimbursements and the amounts charged by external consultants and partners. The overall financial impact is expected to be manageable within the City’s existing budget.

October 10, 2024 Pg. 21

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF:

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF AVENAL

ADDOPTING AN EMPLOYEE

TRAVEL PER DIEM AND MILEAGE

REIMBURSEMENT POLICY
RESOLUTION 2024-_48_
WHEREAS, the City of Avenal recognizes the importance of maintaining up-todate policies regarding employee travel and expense reimbursement to ensure fair and accurate compensation for work-related travel; and;
WHEREAS, the City of Avenal aligns its reimbursement rates for meals and incidental expenses with the federal per diem rates as determined by the General Services Administration (GSA); and
WHEREAS, the City wishes conforms its mileage reimbursement rates with the current IRS standards for business travel; and
WHEREAS, the City acknowledges the need to periodically and automatically adjust its travel and mileage reimbursement policy within 30 days of any applicable changes to the GSA or IRS rates; and
WHEREAS, this policy shall apply to all City-approved work-related travel, unless otherwise authorized by the City Manager or the Director of Administrative Services to cover other necessary work-related expenses not covered by the per diem or mileage rates.

UPON MOTION OF COUNCIL MEMBER , SECONDED BY

COUNCIL MEMBER , THE FOLLOWING WAS PASSED,

APPROVED, AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL MEETING HELD ON October 10, 2024, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:
,
AVENAL
MARIA A. ORTIZ,
City Clerk

CITY OF AVENAL
* * * * * * * * * * * * * * * * * *
__________________________________
ALVARO PRECIADO, Mayor

CITY OF AVENAL
October 10, 2024 Pg. 22

NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL:

1. Found that the foregoing recitals are true;

2. That the City Council of the City of Avenal does hereby authorize the adoption of a Travel Per Diem and Mileage Reimbursement Policy, effective immediately, conforming reimbursement rates with federal GSA per diem rates for meals and IRS mileage rates, and allowing for discretionary approval of additional expenses by the City Manager or Director of Administrative Services.

3. This policy covers all City-approved travel for employees, including meals and incidental expenses (M&IE) as determined by GSA per diem rates, and mileage reimbursement as determined by IRS rates for business travel. In cases where the per diem or mileage rates do not apply, such as work-related meals within City limits or other work-related costs, additional expenses may be approved by the City Manager or Director of Administrative Services.

4. For reference, current rates and updates can be found on the GSA website: https:// www.gsa.gov/travel/plan-book/per-diem-rates for per diem; and the IRS website:
https://www.irs.gov/tax-professionals/standard-mileage-rates for mileage reimbursement.

5. Authorized the City Manager, City Clerk and all relevant City staff to carry out the terms and conditions of this resolution and to take all steps reasonably necessary, proper and/or convenient and/or incidental thereto.
* * * * * * * * * * * * * * * * * *
October 10, 2024 Pg. 23
U.S. General Services Administration
An oicial website of the United States government
Change fiscal year: or New Search
FY 2025 Per Diem Rates for ZIP
Code 93204
Daily lodging rates (excluding taxes) | October 2024 - September 2025 Cities not appearing below may be located within a county for which rates are listed. To determine the county a destination is located in, visit the Census Geocoder .

Primary
Destination  County  2024
Oct
Nov Dec
2025
Jan
Feb Mar Apr May Jun Jul Aug Sep
Standard Rate
Applies for all locations
without specified rates
$110 $110 $110 $110 $110 $110 $110 $110 $110 $110 $110 $110 Meals & Incidental Expenses (M&IE) rates and breakdown
The M&IE total is the full daily amount for a single calendar day when that day is neither the first nor last day of travel. The amount received on the first and last day of travel equals 75% of the M&IE total. See M&IE breakdowns for information related to the individual meal amounts.

Primary
Destination  County  M&IE
Total Breakfast Lunch Dinner
Incidental
Expenses
First & Last
Day of
Travel
Standard Rate
Applies for all locations without
specified rates
$68 $16 $19 $28 $5 $51.00
10/7/24, 9:16 PM FY 2025 Per Diem Rates for ZIP Code 93204 | GSA https://www.gsa.gov/travel/plan-book/per-diem-rates/per-diem-rates-results?action=perdiems_report&fiscal_year=2025&state=&city=&zip=93204 1/2 Standard mileage rates
If you use your car for business, charity, medical or moving purposes, you may be able to take a deduction based on the mileage used for that purpose. 2023 mileage rates
The standard mileage rates for 2023 are:

Self-employed and business: 65.5 cents/mile
Charities: 14 cents/mile
Medical: 22 cents/mile
Moving (military only): 22 cents/mile
Find out when you can deduct vehicle mileage
Mileage rates for all years (cents/mile)
Period
Business
use Charity use
Medical or
military
moving Source
2024 67 14 21 IR-2023-239
2023 65.5 14 22 IR-2022-234
7/1/2022-
12/31/2022

62.5 14 22 IR-2022-124
1/1/2022-
6/30/2022

58.5 14 18 IR-2021-251
2021 56 14 16 IR-2020-279
2020 57.5 14 17 IR-2019-215
Tax professionals
topics
Serve your clients
Tax pro news and
resources
Office of Professional
Responsibility and
Circular 230
Tax code, regulations
and official guidance
E-Services
Topic no. 161,
Returning an
erroneous refund –
Paper check or direct
deposit
Appeals
Tax professionals
10/7/24, 9:16 PM Standard mileage rates | Internal Revenue Service https://www.irs.gov/tax-professionals/standard-mileage-rates 1/2 Period
Business
use Charity use
Medical or
military
moving Source
2019 58 14 20 IR-2018-251
2018
TCJA

54.5 14 18 IR-2017-204
IR-2018-127
2017 53.5 14 17 IR-2016-169
2016 54 14 19 IR-2015-137
2015 57.5 14 23 IR-2014-114
2014 56 14 23.5 IR-2013-95
2013 56.5 14 24 IR-2012-95
2012 55.5 14 23 IRB-2012-02
7/1/2011-
12/31/2011

55.5 14 23.5 IR-2011-69
1/1/2011-
6/30/2011
51 14 19 IR-2010-119
Page Last Reviewed or Updated: 12-Feb-2024
10/7/24, 9:16 PM Standard mileage rates | Internal Revenue Service https://www.irs.gov/tax-professionals/standard-mileage-rates 2/2 City of Avenal
TO: Honorable Mayor & City Council
FROM: Antony V. Lopez, City Manager
PREPARED BY: Rob Williams, Public Works Director
DATE: October 4, 2024
RE: Public Works Monthly Report September 2024
INFORMATION:
7300 CODE ENFORCEMENT:

The Code Enforcement Department continues to work on property abatements and graffiti. There has been an increase in illegal venders mostly during the weekend so Lupe is still flexing hours to address the problem. He is also working on other projects as needed.

SEE ATTACHED REPORT
8100 PARKS & LANDSCAPE:

Staff continues to maintain Rice Park, landscaped areas on Skyline, Neighborhood Park, Skate Park, Sport Complex, the Ken Brown Public Safety Center, and Elliott Park. Staff has tied in the sewer line for the new Kids Pocket Park and will be tying in water lines for the landscape and drinking fountain. 9000 ANIMAL CONTROL DEPARTMENT:

Staff continues to maintain the Animal Shelter. The spay/neuter program is continuing to go well, rescues are down and surrenders have increased as reported on the attached summary.

SEE ATTACHED REPORT.
13000 STREETS:

Staff maintains city streets, signs, flags, and banners. The Avenal Cutoff Project is finished with the striping installed 10/4/2024 and the road opened 10/7. Everything went smooth and two weeks ahead of schedule.

Summers Engineering continues to work on the Community Center getting it ready to go to bid. 14100 WATER DISTRIBUTION:

Staff continues to repair and maintain the distribution system within the City. We had one (1) leak on the 16” main that required approximately 18’ of banding to cover. Staff is working on the Lead and Copper Survey for the State.
15000 WASTEWATER COLLECTIONS:

Staff continues to report monthly to Regional Water Quality Control Board regarding overflows. There were five (5) calls for sewer plugs. Staff is continuing the enzyme treatment for grease. 18000 VEHICLES, EQUIPMENT & BUILDING MAINTENANCE:

Staff continues to maintain city-owned property, vehicles, and equipment and continues monthly/quarterly reporting to SJVAPCD. Staff continues working on the yearly report for the Bureau of Automotive Repair.

October 10, 2024 Pg. 24
Monthly Report
September 2024
Vehicle Abatements
Total of Vehicles Tagged (private property) 00
City of Avenal Abatements 00
Voluntary Abetments 00
Pending 00
Property Abetments
Mailed Abetments 19
Courtesy Verbal Abetments 35
Courtesy Door Hangers 42
Abetments Completed 78
Pending 18
Miscellaneous Complaints
Illegal Business/Expired License 00
Stop Work/No Permit 01
Illegal Occupancy 03
Illegal Venders 08
Complaints Received 03
*Phone 01
*Walk In 00
Miscellaneous Inspections 97
Miscellaneous Meetings 04
Recycling Control 01
Graffiti Control 02
Water Waste Control (verbal and/or citations) 01
Weed Abatement (properties posted for cleanup) 00
Weed Abatement (completed) 00
Illegal Yard Sales/No Permits 02
Notes: There was an increase in illegal vendors. They been coming in on Sunday’s late afternoon. Graffiti did slow down. Still flexing on regular basis on weekends and evenings.

October 10, 2024 Pg. 25
September 1, 2024 to September 30, 2024
Animal Control Summary
Spay/Neuter
Public – 21 dogs/Cats
Trap and Release (TNR) 5
Shelter Dog/Cats – 14
Rescue this month was also slow, but the dogs that were rescued were big breeds.

We are expecting for rescue to take large breeds next month (October).

We have picked up patrolling in problem areas.

The number of dogs that residents want to surrender has increased, large breeds being most of the calls we get on.

We have been blessed with a new rescue. Santa Yanez Valley Humane.

Kings Veterinary Services in Lemoore has been scheduling Spay/Neuter for our residents within a week after the request form has been submitted.

Info: Spay/Neuter request forms are in City Hall and the Animal Shelter.

The grant covers Spay/Neuter and rabies vaccination.

October 10, 2024 Pg. 26
To: Rob Williams, Public Works Director
From: Raul Valadez, Animal Control Department
For: September 1, 2024 to September 30, 2024
Total Entries 51
RETURNED TO OWNER 0
ADOPTED 0
DIED IN SHELTER 0
EUTHANIZED 0
ESCAPED FROM SHELTER 0
REMAINING IN SHELTER 30
DOGS RESCUED 21
Brought in to the shelter for the month of September 12 DOG BITE(S) 1
CITATIONS 0
COMPLAINTS 15
DOOR HANGERS 3
CATS DETAINED 1
EUTHANIZED 0
RESCUED 0
REDEEMED 0
ADPOTDED 0
Roosters/Chickens/Owls/Turtles, etc. 1
Deceased Animals
Dogs 3
Cats 9
Other Animals Deceased 0
Animal Control Activity Report
City Of Avenal
Animal Control Activity Report
September 30, 2024
October 10, 2024 Pg. 27
To: Rob Williams, Public Works Director
From: Raul Valadez, Animal Control Department
For: September 1, 2024 to September 30, 2024
Total Entries 38
RETURNED TO OWNER 1
ADOPTED 1
DIED IN SHELTER 0
EUTHANIZED 0
ESCAPED FROM SHELTER 0
REMAINING IN SHELTER 26
DOGS RESCUED 10
Brought in to the shelter for the month of September 20 DOG BITE(S) 2
CITATIONS 0
CATS DETAINED 0
EUTHANIZED 0
RESCUED 0
REDEEMED 0
ADPOTDED 0
Roosters/Chickens/Owls/Turtles, etc. 0
Deceased Animals
Dogs 11
Cats 9
Other Animals Deceased 0
Animal Control Activity Report
City Of Corcoran
Animal Control Activity Report
September 30, 2024
October 10, 2024 Pg. 28
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
“Pistachio Capital of the World”
“Oasis in the Sun – Gateway to the Coast”
AGENDA ITEM NO. 6- A.2
TO: The Honorable Mayor and City Council
FROM: Humberto Bermudez, IT Manager
DATE: October 7th, 2024
RE: Information Technology Monthly Report September 2024 CURRENT PROJECTS:

Internet:
-Cal.Net and PC Solutions both provide proposals for connectivity to our various sites.

Phone System: Avenal PD overhaul to be completed alongside IT service migration.

Emails:
-all cityofavenal.us emails have a .gov alias attached to them now. A recent amendment to CA AB 1637 gives us extra time to complete the full migration, useful for legacy .com and retained emails from previous administration.

Services:
-Regular Security Maintenance
-Continuing reorganizing documentation of all services for future reference Other:
-CivicPlus provides us the necessary info for the .gov migration -Golden Rule Signs set to provide updates by end of week for for the Skyline/Kings street digital sign replacement. Currently awaiting update from MAVP on the Elliot Park signs
-Staff demos and deploys Crossroads Software, a traffic collision reporting software for APD. Further functionality to be expanded upon with guidance from Chief of Police. -Continuing to assist in local events (Food distributions, Block Party) -Continues to maintain the city website and provide tech support across all facilities. -Image2000 reaches out with two proposals for a new printer lease. Staff reaches out to C.A. Redding and American Business Machines for quotes for both printing and letter folding.

October 10, 2024 Pg. 29
Memo
To: Honorable Mayor and Council Members
From: Anna Lara-Nieto, Senior Recreation Leader
cc: Antony V. Lopez, City Manager
Date: October 3rd 2024
Re: Community Activities Staff Report
Information:

Updates:
1) Community Garden –
• In the works, benches decorative gate, arched name over entrance. • Restrooms are complete.
• Water line for the sink is still being worked on.
• Community Pumpkins did not survive the infestation of squash bugs. 2) Community Night Out – Was held on September 25th, 2024. • This was a collaborated event with our local Police Department. • Event started at 5pm and was held on Tulare & 3rd Street. We had over 15 county resource booths, 3 food/drink vendors. Our local Rotary Club came out and support the event by giving out free hotdogs, Aguas Frescas and provided cornhole play. We ended the night with a family movie. Staff would like to thank our Public Works and IT Department for their support setting up and during the event. 3) Rental Report-see attachment
Working on:
1) Pistachio Fest
2) Trunk or Treat
3) Dia de Los Muertos
4) Thanksgiving Dinner
5) Holiday Magic – Date change to December 7
Collaborations:
1) Valley Voices – Food Distribution
2) October 23rd- Avenal State Prison Trunk or Treat
October 10, 2024 Pg. 30

RENTALS

SEPTEMBER / OCTOBER
Veterans Hall
• Seniors, Monday-Friday 10-4pm
• AA Meeting Rental
• 2 Community paid rental
Recreation Center
• Valley Voices- Every 2nd Friday of each month- Covid/Food Distribution • 5- Community paid rental
• 1-Non-profit rate rental
Theater Center
• 1-Non-profit rate rental
Pavilion
• 3 Sports Complex
October 10, 2024 Pg. 31
October 10, 2024Pg. 32
October 10, 2024Pg. 33
October 10, 2024 Pg. 34

A V E N A L C I T Y C O U N C I L

S T A F F R E P O R T
Date: October 10, 2024
To: Avenal City Council
From: Kelsey George, Planning Consultant
Subject: Public Hearing to Review the Comprehensive Zoning and Subdivision Ordinance Update and environmental finding
Summary/Recommendation
This hearing is to introduce the new comprehensive Zoning and Subdivision Ordinance Update for adoption. It is recommended that the City Council take the following actions:

1. Request the City Planner to deliver the staff report;

2. Ask any questions of staff regarding the action;

3. Open the public hearing for comments; close the public hearing; ask for any additional Commission discussion and questions;

4. Request a motion for action on the project. Staff recommends the Council approve the project by adopting:

Ordinance 2024-01 (finding the project exempt from CEQA and adoption of the proposed ordinances).

Discussion/Background
In 2021, the City of Avenal sought proposals from qualified firms to prepare a comprehensive update to both the Zoning and Subdivision Ordinances of the Avenal Municipal Code. The current ordinances are outdated, do not reflect the goals and policies of the General Plan, and in places are inconsistent with state law.

The City contracted with consulting firm QK, Inc. to develop the updates to meet the following goals:
• Implement the 2035 General Plan
• Ensure consistency with state and federal laws
• Improve user-friendliness
• Create a transparent process
• Promote improved project design
• Respond to community concerns
October 10, 2024 Pg. 35
Report to Avenal City Council (10/10/2024)
Avenal Zoning and Subdivision Ordinance

• Encourage infill development
• Standardize development review
QK, in collaboration with City staff, the Planning Commission, and the City Council, prepared draft ordinances and conducted an environmental analysis. The City’s new contract planners further refined these drafts to include additional amendments based on the City's needs.

On August 12, 2024, the draft ordinances were presented to the Avenal Planning Commission as an informational item to highlight major changes. On September 9, 2024, the Planning Commission formally recommended adoption of the ordinances via Resolution 24-02.

Why Is the Zoning and Subdivision Ordinance Being Updated? The updated ordinances will implement the 2035 General Plan by aligning development in Avenal with the General Plan’s goals and policies. The current ordinances, several decades old, contain outdated standards. The update aims to:
• Ensure legal compliance with state zoning laws
• Simplify and clarify the permit process
• Revise and update permitted use lists for each zone
• Modernize definitions and terminology
• Clarify standards on issues like fencing, parking, signs, and landscaping, among others
• Improve user-friendliness
• Eliminate redundant sections
• Address issues raised by staff and the Planning Commission • Enhance readability through better formatting
These comprehensive updates will ensure Avenal’s ordinances remain flexible, allowing future updates as necessary, particularly with the adoption of the 6th Cycle Housing Element.

Zoning and Subdivision Ordinance Overview
The Zoning Ordinance governs land development by dividing Avenal into various zones (e.g., residential, commercial, industrial, public, and open space) and setting development standards for each zone. These standards typically cover:
• Minimum lot size and dimensions
• Setback (yard) requirements
October 10, 2024 Pg. 36
Report to Avenal City Council (10/10/2024)
Avenal Zoning and Subdivision Ordinance

• Building height
• Lot coverage
• Parking
• Landscaping
• Fencing
• Signs
The ordinance also outlines permit and processing requirements for different types of development.

The Subdivision Ordinance supplements the State Subdivision Map Act (SMA) and regulates the division of land in Avenal (e.g. subdivisions and parcel maps). It ensures orderly development aligned with the General Plan and details procedures for processing maps. Key sections include:
• Required maps
• Tentative and vesting tentative maps
• Final and parcel maps
• Lot line adjustments
• Subdivision design standards
• Survey and monuments
• Dedications and reservations
• Improvements
The City is updating both ordinances concurrently to comply with state law, reflect modern development practices, and clarify inconsistencies, making the codes more user-friendly.

Summary of Substantial Changes
Attachment “A” lists each chapter in the updated Zoning Ordinance and Subdivision Ordinance along with a brief summary of changes and improvements that are proposed.

Environmental Review
The project is exempt from CEQA under the "common sense" exemption (State CEQA Guidelines Section 15061(b)(3)). This project will update, clarify, and amend the ordinance codes to align with current state and local requirements as outlined in the 2035 Avenal General Plan. The environmental impacts of the 2035 General Plan were determined to be less than significant with mitigation measures in place, and the updates proposed here will not result in significant environmental effects.

October 10, 2024 Pg. 37
Report to Avenal City Council (10/10/2024)
Avenal Zoning and Subdivision Ordinance

Conclusion
It is recommended that the City Council review the comprehensive Zoning and Subdivision Ordinance Update as an informational item and provide any feedback or direction to staff ahead of formal adoption hearings.

ATTACHMENTS
- Attachment “A”: Summary of proposed chapters and zones - Ordinance 2024-01
October 10, 2024 Pg. 38
Report to Avenal City Council (10/10/2024)
Avenal Zoning and Subdivision Ordinance

Attachment “A”
Summary of Key Zoning and Subdivision Chapters and Improvements/Changes

SANITATION AND HEALTH
Section 6-5.04 Vacant Parcel Maintenance
This section adds a provision for nuisance abatement that requires maintenance of vacant parcels, as defined, on Skyline Boulevard. Regulations include landscaping, fencing, and waste management.

These codes are outside of both the Zoning and Subdivision Ordinance and instead are contained in Title 6 (Sanitation and Health) of the Avenal Municipal Code. These provisions have been added to facilitate a potential future ballot measure that could include a vacancy tax.

ZONING ORDINANCE
Section 9.22.160 and 9.24.160 Skyline Commercial Corridor This section adds additional requirements to commercial zone districts with frontage adjacent to Skyline Boulevard pertaining to fencing requirements, regulations for auto sales, and landscaping requirements.

These provisions have been added to both the Downtown Commercial and Highway Commercial Zone Districts and apply only to property that has frontage adjacent to Skyline Boulevard in an attempt to preserve the character and quality of the downtown core and add regulations to address common issues on these sites.

Section 9.42.120 Planned Single-Family Residential Development Standards This section establishes updated development standards for single-family planned developments. The standards listed in this section will supplement standards specified in the underlying zone district. Additional standards for planned single-family residential development include:
- Setbacks
- Parking
- Architectural Elevations
- Streets and Alleys
- Passive solar design
- Neighborhood Pocket Parks
- Residential Unit Design
- Other standards
October 10, 2024 Pg. 39
Report to Avenal City Council (10/10/2024)
Avenal Zoning and Subdivision Ordinance

These provisions have been added to allow minor deviations to development standards for certain single family residential development while encouraging high quality development in return. This is intended to attract additional residential development by allowing flexibility in standards that may be a constraint to development, such as setbacks.

Section 9.50.090 Trash Enclosure Design Requirements
This section provides design requirements for all new and required trash enclosures and specifically relates to the location, and design/materials/construction of new trash enclosures.

These provisions are intended to codify development and design standards for new trash enclosures to ensure the safety and efficiency of waste pickup and preservation of commercial districts.

Section 9.54.070 Parking Standards for Commercial Vehicles This section adds provisions to parking regulations specifically to regulate the parking of commercial vehicles. The provisions of the section would regulate the parking of commercial vehicles in private driveways and during the overnight hours.

These provisions regulate commercial truck parking and codify standards to eliminate illegal truck parking.

Section 9.56.080 Wall Murals and Standards
This section adds provisions to the existing Sign Ordinance to allow and regulate wall murals as a source of public art.

These provisions include location, design and criteria for the establishment of wall murals.

Section 9.60.030 Accessory Dwelling Units
This section adds significant requirements for the regulation of accessory dwelling units (ADUs). The ADU ordinance proposed is compliant with recent changes to State ADU law and would allow for the ministerially review and approval of compliant ADUs.

Section 9.60.080 Chickens on Residentially Zoned Parcels This section adds provisions to allow and regulate the keeping of chickens in singlefamily residentially zoned parcels. Requirements include a maximum number of chickens, standards for the keeping of chickens, and prohibited poultry-related uses.

The provisions of this section are intended to accommodate local requests to allow for chickens while preserving and maintaining residential neighborhoods.

October 10, 2024 Pg. 40
Report to Avenal City Council (10/10/2024)
Avenal Zoning and Subdivision Ordinance

Section 9.60.150 Fowl and Other Animals
This section adds a provision to the existing Livestock provisions to add additional regulations regarding the keeping of fowl and other animals with City limits. It also specifies prohibited animals and the required containment of animals.

Section 9.78.020 Home Occupations
This section adds a provision that all online businesses are also required to have an approved home occupation permit prior to operation.

SUBDIVISON
Chapter 10.22 Urban Lot Split Parcel Map
This section was established to comply with Government Code 66411.7 which allows an existing legal parcel within a single family zoned lot to be split in two legal parcels.

October 10, 2024 Pg. 41

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AVENAL REVISING CHAPTER 6 AND REPEALING THE

EXISTING ZONING ORDINANCE AND SUBDIVISION
ORDINANCE (CHAPTERS 9 AND 10 OF THE AVENAL

MUNICIPAL CODE) AND REPLACING THEM WITH A NEW

COMPREHENSIVE ZONING AND ZONING ORDINANCE
UPDATE
ORDINANCE 2024-
WHEREAS, the City of Avenal has prepared a comprehensive update of the Avenal Zoning and Subdivision Ordinance; and,
WHEREAS, several action plans of the 2035 Avenal General Plan call for the City to adopt a new Zoning and Subdivision Ordinance for a variety of reasons, including:
• Implementation of the 2035 Avenal General Plan
• Consistency with State and FederalLaws
• User-Friendliness
• Creation of a Transparent Process
• Promotion of Areas of Development Design
• Response to Community Concerns
• Promotion of Infill Development
• Standardized Development Review
WHERAS, the City’s existing Zoning and Subdivision Ordinances are significantly dated and not consistent with current development practices or the goals and policies of the 2035 General Plan; and,
WHEREAS, on September 9, 2024, the Planning Commission recommended approval of the comprehensive Draft Zoning and Subdivision Ordinance, as well as recommended approval to the changes made to the Sanitation and Health Code; and, WHERAS, on September 26, 2024, the City Council received an update on the status of the Draft Zoning and Subdivision Ordinance; and, WHERAS, the City has reviewed the Project in compliance with the California Environmental Quality Act (CEQA) and determined the Project was exempt from further environmental review pursuant to CEQA Guidelines Section 15061(b)(3), the common sense exemption, since the updates will have no significant environmental effect; and, WHEREAS, a duly noticed public hearing was held by the City Council for the review of the proposed comprehensive updates to the Zoning and Subdivision Ordinances on October 10, 2024 for the purposes of receiving public comments and taking action to adopt the ordinances; and,
October 10, 2024 Pg. 42

UPON MOTION OFCOUNCILMEMBER , SECONDED BY COUNCILMEMBER , FOREGOING ORDINANCE NO. 2024- _ WAS INTRODUCED AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF AVENAL ON THE 10TH DAY OF OCTOBER, 2024, AND WAS PASSED AND ADOPTED AT A REGULAR MEETING OF THE CITY COUNCIL ON THE __ DAY OF _________________, 2024, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

Alvaro Preciado, Mayor

CITY OF AVENAL
MARIA A. ORTIZ, City Clerk

CITY OF AVENAL
* * * * * * * * * * * * * * * * * *

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AVENAL DOES ORDAIN AS FOLLOWS:

Section 1. Chapter 9 (Zoning) is hereby rescinded and replaced with the Zoning Ordinance Update (new Chapter 9) as shown in Attachment “A”.

Section 2. Chapter 10 ( Subdivision Ordinance) of the Avenal Municipal Code is hereby rescinded and replaced with the Subdivision Ordinance Update (new Chapter 10) as shown in Attachment “B”.

Section 3. Chapter 6 (Sanitation and Health) of the Avenal Municipal Code is hereby amended with the Sanitation and Health Update as shown in Attachment “C”.

Section 4. Any typographical or clerical errors in this Ordinance may be remedied by the City Planner with the assistance of the City Clerk and shall not constitute an ordinance update.

Section 5. This ordinance shall take effect thirty days after its adoption.

Section 6. The City Clerk is authorized and directed to cause this ordinance to be codified after its adoption.

Section 7. The City Clerk is further authorized and directed to cause this ordinance or a summary of this ordinance to be published once in a newspaper of general circulation published and circulated in the City of Avenal within 15 days after its adoption. If a summary of this ordinance is published, then the City Clerk also shall cause a summary of the proposed ordinance to be published and a certified copy of the full text of the proposed ordinance to be posted in the office of the City Clerk at least five days prior to the Council’s meeting at which the ordinance is adopted and again after the meeting at which the ordinance is adopted. The summary shall be approved by the City Attorney.

Section 8. Authorized the City Manager, City Clerk and all relevant City staff to carry out the terms and conditions of this resolution and to take all steps reasonably necessary, proper and/or convenient and/or incidental thereto.
* * * * * * * * * * * * * * * * * *
October 10, 2024 Pg. 43
City of Avenal
Draft Zoning Ordinance
October 10, 2024 Pg. 44
City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 1 2024

TABLE OF CONTENTS
Chapter 9.02 GENERAL PROVISIONS........................................................................................ 1

9.02.010 Adoption. .................................................................................................... 1

9.02.020 Purposes and objectives. ............................................................................. 1

9.02.030 Short title..................................................................................................... 2

9.02.040 Components. ............................................................................................... 2

9.02.050 Authority..................................................................................................... 2

9.02.060 Relationship to the General Plan................................................................. 2

9.02.070 Relationship to specific plans. .................................................................... 2

9.02.080 Relationship to design guidelines. .............................................................. 3

9.02.090 Relationship to other titles of the Municipal Code. .................................... 3

9.02.100 Conflict between other regulations. ............................................................ 3

9.02.110 Application.................................................................................................. 3

9.02.120 Enforcement................................................................................................ 4

9.02.130 Issuance of permits, certificates, and licenses. ........................................... 4 Chapter 9.04 CONSTRUCTION AND TERMINOLOGY............................................................ 5

9.04.010 Construction................................................................................................ 5

9.04.020 General terminology of persons and entities. ............................................. 6

9.04.030 Rules of interpretation................................................................................. 6

9.04.040 Rules of measurement................................................................................. 6 Chapter 9.06 ZONE DISTRICTS AND ZONING MAP ............................................................... 8

9.06.010 Purpose........................................................................................................ 8

9.06.020 Applicability. .............................................................................................. 8

9.06.030 Establishment of zone districts. .................................................................. 8

9.06.040 Establishment of zoning map...................................................................... 9

9.06.050 Interpretation of zone boundary lines. ........................................................ 9

9.06.060 Zone changes. ........................................................................................... 10

9.06.070 Prezoning. ................................................................................................. 10

9.06.080 Right-of-way abandonment. ..................................................................... 10 Chapter 9.08 LAND USE TABLES ............................................................................................. 11

9.08.010 Land use restriction................................................................................... 11

9.08.020 Residential land use table.......................................................................... 11

9.08.030 Commercial, office, and industrial land use table..................................... 17

9.08.040 Addition of a use to land use tables. ......................................................... 35 Chapter 9.10 INTENSIVE AGRICULTURAL (A-I) ZONE....................................................... 36

9.10.010 Purpose and application. ........................................................................... 36

9.10.020 Permitted uses. .......................................................................................... 36

9.10.030 Lot area. .................................................................................................... 36

9.10.040 Lot dimensions.......................................................................................... 36

9.10.050 Coverage. .................................................................................................. 36

9.10.060 Building setback areas. ............................................................................. 37

9.10.070 Distance between structures...................................................................... 37 October 10, 2024 Pg. 45
City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 2 2024

9.10.080 Height of structures................................................................................... 37

9.10.090 Driveways. ................................................................................................ 37

9.10.100 Other setback standards. ........................................................................... 37

9.10.110 Off-street parking...................................................................................... 37

9.10.120 Usable open space..................................................................................... 37

9.10.130 Landscaping. ............................................................................................. 37

9.10.140 Screening, fences, and walls. .................................................................... 37

9.10.150 Signs.......................................................................................................... 38

9.10.160 General provisions and standards. ............................................................ 38 Chapter 9.12 EXTENSIVE AGRICULTURAL (A-E) ZONE..................................................... 39

9.12.010 Purpose and application. ........................................................................... 39

9.12.020 Permitted uses. .......................................................................................... 39

9.12.030 Lot area. .................................................................................................... 39

9.12.040 Lot dimensions.......................................................................................... 39

9.12.050 Coverage. .................................................................................................. 39

9.12.060 Building setback areas. ............................................................................. 40

9.12.070 Distance between structures...................................................................... 40

9.12.080 Height of structures................................................................................... 40

9.12.090 Driveways. ................................................................................................ 40

9.12.100 Other setback standards. ........................................................................... 40

9.12.110 Off-street parking...................................................................................... 40

9.12.120 Usable open space..................................................................................... 40

9.12.130 Landscaping. ............................................................................................. 40

9.12.140 Screening, fences, and walls. .................................................................... 40

9.12.150 Signs.......................................................................................................... 41

9.12.160 General provisions and standards. ............................................................ 41 Chapter 9.14 RESIDENTIAL ESTATE (R-E) ZONE ................................................................. 42

9.14.010 Purpose and application. ........................................................................... 42

9.14.020 Permitted uses. .......................................................................................... 42

9.14.030 Lot area. .................................................................................................... 42

9.14.040 Lot dimensions.......................................................................................... 42

9.14.050 Dwelling units per lot................................................................................ 43

9.14.060 Coverage. .................................................................................................. 43

9.14.070 Building setback areas. ............................................................................. 43

9.14.080 Distance between structures...................................................................... 43

9.14.090 Height of structures................................................................................... 43

9.14.100 Driveways. ................................................................................................ 43

9.14.110 Accessory structures. ................................................................................ 44

9.14.120 Other setback standards. ........................................................................... 44

9.14.130 Off-street parking...................................................................................... 44

9.14.140 Usable open space..................................................................................... 45

9.14.150 Landscaping. ............................................................................................. 45

9.14.160 Screening, fences, and walls. .................................................................... 45

9.14.170 Signs.......................................................................................................... 46

9.14.180 General provisions and standards. ............................................................ 46 October 10, 2024 Pg. 46
City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 3 2024
Chapter 9.16 LOW DENSITY RESIDENTIAL (R-1) ZONE ..................................................... 48

9.16.010 Purpose and application. ........................................................................... 48

9.16.020 Permitted uses. .......................................................................................... 48

9.16.030 Lot area. .................................................................................................... 48

9.16.040 Lot dimensions.......................................................................................... 48

9.16.050 Dwelling units per lot................................................................................ 49

9.16.060 Coverage. .................................................................................................. 49

9.16.070 Building setback areas. ............................................................................. 49

9.16.080 Distance between structures...................................................................... 49

9.16.090 Height of structures................................................................................... 49

9.16.100 Driveways. ................................................................................................ 49

9.16.110 Accessory structures. ................................................................................ 49

9.16.120 Other setback standards. ........................................................................... 50

9.16.130 Off-street parking...................................................................................... 50

9.16.140 Usable open space..................................................................................... 50

9.16.150 Landscaping. ............................................................................................. 50

9.16.160 Screening, fences, and walls. .................................................................... 51

9.16.170 Signs.......................................................................................................... 52

9.16.180 General provisions and standards. ............................................................ 52 Chapter 9.18 MEDIUM DENSITY RESIDENTIAL (R-2) ZONE.............................................. 55

9.18.010 Purpose and application. ........................................................................... 55

9.18.020 Permitted uses. .......................................................................................... 55

9.18.030 Lot area. .................................................................................................... 55

9.18.040 Lot dimensions.......................................................................................... 55

9.18.050 Site area per dwelling................................................................................ 56

9.18.060 Coverage. .................................................................................................. 56

9.18.070 Building setback areas. ............................................................................. 56

9.18.080 Distance between structures...................................................................... 56

9.18.090 Height of structures................................................................................... 56

9.18.110 Driveways. ................................................................................................ 56

9.18.120 Accessory structures. ................................................................................ 56

9.18.130 Other setback standards. ........................................................................... 57

9.18.140 Off-street parking...................................................................................... 57

9.18.150 Usable open space..................................................................................... 57

9.18.160 Landscaping. ............................................................................................. 57

9.18.170 Screening, fences, and walls. .................................................................... 58

9.18.180 Signs.......................................................................................................... 59

9.18.190 General provisions and standards. ............................................................ 59 Chapter 9.20 HIGH DENSITY RESIDENTIAL (R-3) ZONE .................................................... 62

9.20.010 Purpose and application. ........................................................................... 62

9.20.020 Permitted uses. .......................................................................................... 62

9.20.030 Lot area. .................................................................................................... 62

9.20.040 Lot dimensions.......................................................................................... 62

9.20.050 Site area per dwelling unit. ....................................................................... 63 October 10, 2024 Pg. 47
City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 4 2024

9.20.060 Coverage. .................................................................................................. 63

9.20.070 Building setback areas. ............................................................................. 63

9.20.080 Distance between structures...................................................................... 63

9.20.090 Height of structures................................................................................... 63

9.20.100 Driveways. ................................................................................................ 63

9.20.110 Accessory structures. ................................................................................ 64

9.20.120 Other setback standards. ........................................................................... 64

9.20.130 Off-street parking...................................................................................... 64

9.20.140 Usable open space..................................................................................... 65

9.20.150 Landscaping. ............................................................................................. 65

9.20.160 Screening, fences, and walls. .................................................................... 65

9.20.170 Signs.......................................................................................................... 67

9.20.180 General provisions and standards. ............................................................ 67 Chapter 9.22 COMMUNITY COMMERCIAL (C-C) ZONE...................................................... 69

9.22.010 Purpose and application. ........................................................................... 69

9.22.020 Permitted uses. .......................................................................................... 69

9.22.030 Site area..................................................................................................... 69

9.22.040 Lot dimensions.......................................................................................... 69

9.22.050 Coverage. .................................................................................................. 70

9.22.060 Building setback areas. ............................................................................. 70

9.22.070 Distance between structures...................................................................... 70

9.22.080 Height of structures................................................................................... 70

9.22.090 Driveways. ................................................................................................ 70

9.22.100 Off-street parking...................................................................................... 70

9.22.110 Usable open space..................................................................................... 70

9.22.120 Landscaping. ............................................................................................. 70

9.22.130 Screening, fences, and walls. .................................................................... 70

9.22.140 Signs.......................................................................................................... 71

9.22.150 General provisions and standards. ............................................................ 71 Chapter 9.24 DOWNTOWN COMMERCIAL (C-D) ZONE...................................................... 73

9.24.010 Purpose and application. ........................................................................... 73

9.24.020 Permitted uses. .......................................................................................... 73

9.24.030 Site area..................................................................................................... 73

9.24.040 Lot dimensions.......................................................................................... 73

9.24.050 Coverage. .................................................................................................. 74

9.24.060 Building setback areas. ............................................................................. 74

9.24.070 Distance between structures...................................................................... 74

9.24.080 Height of structures................................................................................... 74

9.24.090 Driveways. ................................................................................................ 74

9.24.100 Off-street parking...................................................................................... 74

9.24.110 Usable open space..................................................................................... 74

9.24.120 Landscaping. ............................................................................................. 74

9.24.130 Screening, fences, and walls. .................................................................... 75

9.24.140 Signs.......................................................................................................... 75

9.24.150 General provisions and standards. ............................................................ 75 October 10, 2024 Pg. 48
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Chapter 9.26 HIGHWAY COMMERCIAL (C-H) ZONE........................................................... 77

9.26.010 Purpose and application. ........................................................................... 77

9.26.020 Permitted uses. .......................................................................................... 77

9.26.030 Site area..................................................................................................... 77

9.26.040 Lot dimensions.......................................................................................... 77

9.26.050 Coverage. .................................................................................................. 78

9.26.060 Building setback areas. ............................................................................. 78

9.26.070 Distance between structures...................................................................... 78

9.26.080 Height of structures................................................................................... 78

9.26.090 Driveways. ................................................................................................ 78

9.26.100 Off-street parking...................................................................................... 78

9.26.110 Usable open space..................................................................................... 78

9.26.120 Landscaping. ............................................................................................. 78

9.26.130 Screening, fences, and walls. .................................................................... 79

9.26.140 Signs.......................................................................................................... 80

9.26.150 General provisions and standards. ............................................................ 80 Chapter 9.28 SERVICE COMMERCIAL (C-S) ZONE............................................................... 81

9.28.010 Purpose and application. ........................................................................... 81

9.28.020 Permitted uses. .......................................................................................... 81

9.28.030 Site area..................................................................................................... 81

9.28.040 Lot dimensions.......................................................................................... 82

9.28.050 Coverage. .................................................................................................. 82

9.28.060 Building setback areas. ............................................................................. 82

9.28.070 Distance between structures...................................................................... 82

9.28.080 Height of structures................................................................................... 82

9.28.090 Driveways. ................................................................................................ 82

9.28.100 Off-street parking...................................................................................... 82

9.28.110 Usable open space..................................................................................... 82

9.28.120 Landscaping. ............................................................................................. 83

9.28.130 Screening, fences, and walls. .................................................................... 83

9.28.140 Signs.......................................................................................................... 84

9.28.150 General provisions and standards. ............................................................ 84 Chapter 9.30 LIGHT INDUSTRIAL (M-1) ZONE...................................................................... 85

9.30.010 Purpose and application. ........................................................................... 85

9.30.020 Permitted uses. .......................................................................................... 85

9.30.030 Site area..................................................................................................... 85

9.30.040 Lot dimensions.......................................................................................... 86

9.30.050 Coverage. .................................................................................................. 86

9.30.060 Building setback areas. ............................................................................. 86

9.30.070 Distance between structures...................................................................... 86

9.30.080 Height of structures................................................................................... 86

9.30.090 Driveways. ................................................................................................ 86

9.30.100 Off-street parking...................................................................................... 86

9.30.110 Usable open space..................................................................................... 86 October 10, 2024 Pg. 49
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9.30.120 Landscaping. ............................................................................................. 86

9.30.130 Screening, fences, and walls. .................................................................... 87

9.30.140 Signs.......................................................................................................... 87

9.30.150 General provisions and standards. ............................................................ 87 Chapter 9.32 HEAVY INDUSTRIAL (M-2) ZONE.................................................................... 89

9.32.010 Purpose and application. ........................................................................... 89

9.32.020 Permitted uses. .......................................................................................... 89

9.32.030 Site area..................................................................................................... 89

9.32.040 Lot dimensions.......................................................................................... 89

9.32.050 Coverage. .................................................................................................. 89

9.32.060 Building setback areas. ............................................................................. 90

9.32.070 Distance between structures...................................................................... 90

9.32.080 Height of structures................................................................................... 90

9.32.090 Driveways. ................................................................................................ 90

9.32.100 Off-street parking...................................................................................... 90

9.32.110 Usable open space..................................................................................... 90

9.32.120 Landscaping. ............................................................................................. 90

9.32.130 Screening, fences, and walls. .................................................................... 91

9.32.140 Signs.......................................................................................................... 91

9.32.150 General provisions and standards. ............................................................ 91 Chapter 9.33 PUBLIC FACILITIES (PF) ZONE......................................................................... 93

9.33.010 Purpose and application. ........................................................................... 93

9.33.020 Permitted uses. .......................................................................................... 93

9.33.030 Site area..................................................................................................... 93

9.33.040 Lot dimensions.......................................................................................... 93

9.33.050 Coverage. .................................................................................................. 94

9.33.060 Building setback areas. ............................................................................. 94

9.33.070 Distance between structures...................................................................... 94

9.33.080 Height of structures................................................................................... 94

9.33.090 Driveways. ................................................................................................ 94

9.33.100 Other setback standards. ........................................................................... 94

9.33.110 Off-street parking...................................................................................... 94

9.33.120 Usable open space..................................................................................... 94

9.33.130 Landscaping. ............................................................................................. 95

9.33.140 Screening, fences, and walls. .................................................................... 95

9.33.150 Signs.......................................................................................................... 95

9.33.160 General provisions and standards. ............................................................ 95 Chapter 9.36 OPEN SPACE, PARKS, AND RECREATION (O) ZONE................................... 96

9.36.010 Purpose and application. ........................................................................... 96

9.36.020 Permitted uses. .......................................................................................... 96

9.36.030 Lot area. .................................................................................................... 96

9.36.040 Lot dimensions.......................................................................................... 96

9.36.050 Coverage. .................................................................................................. 97

9.36.060 Building setback areas. ............................................................................. 97 October 10, 2024 Pg. 50
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9.36.070 Distance between structures...................................................................... 97

9.36.080 Height of structures................................................................................... 97

9.36.090 Driveways. ................................................................................................ 97

9.36.100 Other setback standards. ........................................................................... 97

9.36.110 Off-street parking...................................................................................... 97

9.36.120 Usable open space..................................................................................... 97

9.36.130 Landscaping. ............................................................................................. 97

9.36.140 Screening, fences, and walls. .................................................................... 98

9.36.150 Signs.......................................................................................................... 98

9.36.160 General provisions and standards. ............................................................ 98 Chapter 9.40 MIXED-USE OVERLAY (MU) ZONE................................................................. 99

9.40.010 Purpose...................................................................................................... 99

9.40.020 Application................................................................................................ 99

9.40.030 Definitions............................................................................................... 100

9.40.040 Lot area. .................................................................................................. 100

9.40.050 Dwelling units per lot.............................................................................. 100

9.40.060 Mixed-use development plan.................................................................. 100

9.40.070 Required findings.................................................................................... 100

9.40.080 Permitted and conditional uses. .............................................................. 101

9.40.100 Design standards. .................................................................................... 101

9.40.110 Architectural standards. .......................................................................... 102

9.40.120 Maintenance of common areas. .............................................................. 104

9.40.130 Variances................................................................................................. 104 Chapter 9.42 PLANNED UNIT DEVELOPMENT (PUD) PERMITS...................................... 105

9.42.010 Purpose.................................................................................................... 105

9.42.020 Application procedure............................................................................. 105

9.42.030 Allowed planned unit developments....................................................... 105

9.42.040 Prohibited planned unit developments.................................................... 106

9.42.050 Site area................................................................................................... 106

9.42.060 Findings................................................................................................... 106

9.42.070 Conditions of approval............................................................................ 107

9.42.080 Notice of decision. .................................................................................. 107

9.42.090 Appeals. .................................................................................................. 107

9.42.100 Life of permits and extensions of time. .................................................. 107

9.42.110 Revocation. ............................................................................................. 107 Chapter 9.44 FLOODPLAIN MANAGEMENT........................................................................ 110

9.44.010 Purpose and application. ......................................................................... 110

9.44.020 Statutory authorization............................................................................ 111

9.44.030 Definitions............................................................................................... 111

9.44.040 Basis for establishing the areas of special flood hazard. ........................ 117

9.44.050 Compliance. ............................................................................................ 117

9.44.060 Methods of reducing flood losses. .......................................................... 117

9.44.070 Interpretation........................................................................................... 117

9.44.080 Warning and disclaimer liability............................................................. 118 October 10, 2024 Pg. 51
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9.44.090 Severability. ............................................................................................ 118

9.44.100 Floodplain administrator......................................................................... 118

9.44.110 Development permit................................................................................ 120

9.44.120 Appeals. .................................................................................................. 121

9.44.130 Provisions for flood hazard reduction..................................................... 121

9.44.140 Floodways............................................................................................... 124

9.44.150 Variances................................................................................................. 124 Chapter 9.50 DEVELOPMENT STANDARDS ........................................................................ 127

9.50.010 Purpose and applicability........................................................................ 127

9.50.020 Applicability. .......................................................................................... 127

9.50.025 Nuisance.................................................................................................. 127

9.50.030 Waste materials....................................................................................... 127

9.50.040 Air pollution............................................................................................ 128

9.50.050 Odorous gases and matter. ...................................................................... 128

9.50.060 Discharge of materials. ........................................................................... 128

9.50.070 Ground vibration..................................................................................... 128

9.50.080 Combustibles and explosives.................................................................. 128

9.50.090 Trash collection areas. ............................................................................ 128

9.50.100 Rooftop equipment.................................................................................. 129

9.50.110 Fences, walls, and hedges in all zones.................................................... 129

9.50.120 Temporary fences.................................................................................... 130

9.50.130 Outdoor lighting standards...................................................................... 131

9.50.140 Through lots............................................................................................ 131

9.50.150 Exceptions in building setback area limitations...................................... 131

9.50.160 Exceptions to height limitations.............................................................. 131

9.50.170 Property Maintenance. ............................................................................ 132

9.50.180 Property Development. ........................................................................... 133 Chapter 9.52 LANDSCAPE STANDARDS .............................................................................. 134

9.52.010 Purpose.................................................................................................... 134

9.52.020 Applicability. .......................................................................................... 134

9.52.030 Landscape concept plan. ......................................................................... 135

9.52.040 Landscape and irrigation construction plans........................................... 135

9.52.050 Landscape area requirements.................................................................. 135

9.52.060 Landscape requirements for new residential........................................... 136

9.52.070 Landscape standards. .............................................................................. 136

9.52.080 Maintenance of landscaped areas............................................................ 137

9.52.090 Irrigation design. ..................................................................................... 137 Chapter 9.54 PARKING AND LOADING STANDARDS ....................................................... 138

9.54.010 Purpose.................................................................................................... 138

9.54.020 Application.............................................................................................. 138

9.54.030 General location and use of parking areas. ............................................. 139

9.54.040 Number of parking spaces required. ....................................................... 139

9.54.050 Exceptions to required number of spaces. .............................................. 142

9.54.060 Joint use of parking................................................................................. 142 October 10, 2024 Pg. 52
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9.54.070 Location of parking spaces. .................................................................... 143

9.54.080 Standards for off-street parking facilities. .............................................. 143

9.54.090 Parking dimensions................................................................................. 146

9.54.100 Off-street loading facilities required....................................................... 146

9.54.110 Standards for off-street loading facilities................................................ 146

9.54.120 Replacement of off-street parking and off-street loading facilities. ....... 147

9.54.130 Landscaping of parking areas. ................................................................ 147

9.54.140 Parking for bicycle and low-emission vehicles. ..................................... 149

9.54.150 Garage conversions of required parking to living space......................... 149

9.54.160 Unimproved lots...................................................................................... 150 Chapter 9.56 SIGNS AND OUTDOOR ADVERTISING STRUCTURES............................... 151

9.56.010 Purpose.................................................................................................... 152

9.56.020 Applicability and severability................................................................. 152

9.56.030 No discrimination against non-commercial speech. ............................... 152

9.56.040 Exempt signs........................................................................................... 153

9.56.050 Prohibited signs....................................................................................... 154

9.56.060 Required address numbers. ..................................................................... 155

9.56.070 Permits required...................................................................................... 155

9.56.080 Sign design principles............................................................................. 155

9.56.090 Rules for sign measurement.................................................................... 156

9.56.100 Sign standards on developed sites by zone district................................. 159

9.56.110 Mixed-Use Overlay zone. ....................................................................... 169

9.56.120 Freeway-oriented signs. .......................................................................... 171

9.56.130 Additional shopping center signs............................................................ 172

9.56.140 Temporary building sign standards......................................................... 174

9.56.150 Temporary freestanding sign standards. ................................................. 174

9.56.160 Illumination standards for signs.............................................................. 175

9.56.170 Sign regulations on undeveloped or developing sites............................. 175

9.56.180 Signs placed in windows......................................................................... 176

9.56.190 Signs in public rights-of-way.................................................................. 176

9.56.200 Comprehensive master sign programs. ................................................... 177

9.56.210 Off-site temporary signs for residential subdivisions. ............................ 177

9.56.220 Historic signs. ......................................................................................... 178

9.56.230 Signs with manual changeable copy. ...................................................... 178

9.56.240 Signs with electronic changeable copy. .................................................. 178

9.56.250 Digital display signs................................................................................ 179

9.56.260 Flags and flagpoles. ................................................................................ 180

9.56.270 Searchlights and klieg lights. .................................................................. 180

9.56.280 Wall murals................................................Error! Bookmark not defined.

9.56.290 Off-premises signs in City right-of-way. ................................................ 181

9.56.300 Non-conforming signs. ........................................................................... 181

9.56.310 Billboards................................................................................................ 182

9.56.320 Maintenance of signs. ............................................................................. 182

9.56.330 Hazardous signs. ..................................................................................... 182

9.56.340 Abandoned or obsolete signs. ................................................................. 183

9.56.350 Illegal Signs. ........................................................................................... 183 October 10, 2024 Pg. 53
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9.56.360 Enforcement............................................................................................ 183

9.56.370 Definitions............................................................................................... 183 Chapter 9.58 HOUSING DENSITY BONUS AND OTHER INCENTIVES............................ 189

9.58.010 Purpose.................................................................................................... 189

9.58.020 Applicability. .......................................................................................... 189

9.58.030 Density bonus requirements.................................................................... 189

9.58.040 Procedures............................................................................................... 190

9.58.050 Additional conditions.............................................................................. 191 Chapter 9.60 SPECIFIC LAND USE STANDARDS ................................................................ 192

9.60.010 Purpose.................................................................................................... 192

9.60.020 Applicability. .......................................................................................... 192

9.60.030 Accessory dwelling units (ADU)............................................................ 193

9.60.040 Accessory dwelling units, junior (JADU)............................................... 195

9.60.050 Alcoholic beverages, on-sale and off-sale .............................................. 195

9.60.060 Animals................................................................................................... 196

9.60.070 Automotive sales..................................................................................... 196

9.60.080 Bed and breakfast inns. ........................................................................... 197

9.60.090 Convenience Stores................................................................................. 199

9.60.100 Cottage food operations. ......................................................................... 199

9.60.110 Drive-thru pick-up windows................................................................... 200

9.60.120 Emergency shelter................................................................................... 201

9.60.130 Garage or yard sales................................................................................ 201

9.60.140 Livestock................................................................................................. 201

9.60.150 Manufactured housing (Manufactured Home / Mobile Home) . ............ 203

9.60.160 Mini-Warehouse or self-storage. ............................................................ 204

9.60.170 Mobile home and Manufactured home parks. ........................................ 204

9.60.180 Mobile vendor or food truck. .................................................................. 207

9.60.190 Outdoor dining areas............................................................................... 207

9.60.200 Outdoor storage areas in commercial and industrial zones. ................... 210

9.60.210 Recycling collection facilities................................................................. 210

9.60.220 Sale of vehicle fuel.................................................................................. 214

9.60.230 Shipping containers................................................................................. 215

9.60.240 Swimming pools. .................................................................................... 215

9.60.250 Vending machines................................................................................... 216

9.60.260 Wireless communication facilities and towers. ...................................... 216

9.60.270 Adult entertainment establishments........................................................ 216 Chapter 9.62 ADULT ENTERTAINMENT ESTABLISHMENTS .......................................... 217

9.62.010 Purpose and intent................................................................................... 217

9.62.020 Definitions............................................................................................... 218

9.62.030 Establishment and classification of businesses regulated....................... 222

9.62.040 Measurement of distance. ....................................................................... 222

9.62.050 Location of sexually oriented business................................................... 222

9.62.060 Non-conforming uses.............................................................................. 222

9.62.070 Injunction. ............................................................................................... 223 October 10, 2024 Pg. 54
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9.62.080 Exception for certain nude modeling...................................................... 223 Chapter 9.64 SIDEWALK VENDING AND STATIONARY MOBILE VENDORS .............. 224

9.64.010 Purpose and intent................................................................................... 224

9.64.020 Definitions............................................................................................... 225

9.64.030 Sidewalk vending activities prohibited in designated areas. .................. 226

9.64.040 Permit required........................................................................................ 227

9.64.050 Issuance of permit. .................................................................................. 229

9.64.060 Permit application fee. ............................................................................ 230

9.64.070 Regulation of sidewalk vendors, receptacles, and activities................... 231

9.64.080 Penalties and violations........................................................................... 233

9.64.090 Permit revocation.................................................................................... 234 Chapter 9.66 SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS................. 235

9.66.010 Purpose.................................................................................................... 235

9.66.020 Definitions............................................................................................... 235

9.66.030 Applicability of chapter. ......................................................................... 236

9.66.040 Compliance with state and local requirements. ...................................... 236

9.66.050 Duties of building inspector.................................................................... 236

9.66.060 Conditional use permits. ......................................................................... 237

9.66.070 Inspections; issuance of building permit................................................. 237

9.66.080 Appeals. .................................................................................................. 237 Chapter 9.68 WIRELESS COMMUNICATION FACILITIES AND TOWERS...................... 238

9.68.010 Purpose and application. ......................................................................... 238

9.68.020 Definitions............................................................................................... 238

9.68.030 Principle or accessory use....................................................................... 240

9.68.040 Measurement of setbacks........................................................................ 240

9.68.050 Effect on non-conforming uses............................................................... 240

9.68.060 General standards.................................................................................... 240

9.68.070 Co-location of facilities........................................................................... 241

9.68.080 Exemptions. ............................................................................................ 241

9.68.090 Permitted and conditional uses. .............................................................. 241

9.68.100 Application process................................................................................. 242

9.68.110 Review criteria........................................................................................ 243

9.68.120 Appeals. .................................................................................................. 245

9.68.130 Federal and State regulations.................................................................. 245

9.68.140 Removal of abandoned antennas, towers, supporting equipment, and structures. 246
Chapter 9.70 PERMITS AND APPLICATIONS....................................................................... 247

9.70.010 Permit application and review. ............................................................... 247

9.70.020 Application form and submittal items..................................................... 247

9.70.030 Authority to file an application. .............................................................. 248

9.70.040 Applications acceptability of signatures. ................................................ 248

9.70.050 Application filing and numbering........................................................... 248

9.70.060 Application withdrawal........................................................................... 248 October 10, 2024 Pg. 55
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9.70.070 Decision processes for planning applications. ........................................ 248

9.70.080 Environmental review............................................................................. 250

9.70.090 Hearings. ................................................................................................. 250

9.70.100 Notice requirements................................................................................ 250

9.70.110 Notice wording........................................................................................ 250

9.70.120 Hearing rules and procedures.................................................................. 250

9.70.130 Continuation of hearing. ......................................................................... 251

9.70.140 Testimony at hearing............................................................................... 251

9.70.150 Planning Commission recommendation. ................................................ 251

9.70.160 Review authority decision....................................................................... 251

9.70.170 Notice of decision. .................................................................................. 251

9.70.180 Effective date of decision........................................................................ 251

9.70.190 Refiling of a denied application.............................................................. 251

9.70.200 Appeals. .................................................................................................. 252

9.70.210 Change of ownership. ............................................................................. 252

9.70.220 Subsequent permits. ................................................................................ 252

9.70.230 Suspension and revocation of approved permit. ..................................... 252

9.70.240 Expiration of approved permit................................................................ 252

9.70.250 Extension of expiration date of approved permit.................................... 253

9.70.260 Succession to a county permit upon annexation. .................................... 253

9.70.270 Minor adjustment to approved permit..................................................... 253

9.70.280 Amendment to approved permit. ............................................................ 253 Chapter 9.72 SITE PLAN REVIEW .......................................................................................... 254

9.72.010 Purpose.................................................................................................... 254

9.72.020 Applicability. .......................................................................................... 254

9.72.030 Site plan contents. ................................................................................... 255

9.72.040 Director action – criteria of consideration. ............................................. 255

9.72.050 Director action – decision. ...................................................................... 256

9.72.060 Appeals. .................................................................................................. 256

9.72.070 Life of permits and extensions of time. .................................................. 256

9.72.080 Subsequent permits. ................................................................................ 256 Chapter 9.74 ADMINISTRATIVE USE PERMITS .................................................................. 257

9.74.010 Purpose.................................................................................................... 257

9.74.020 Applicability. .......................................................................................... 257

9.74.030 Application procedure............................................................................. 257

9.74.040 Findings................................................................................................... 257

9.74.050 Appeals. .................................................................................................. 257

9.74.060 Life of permits and extensions of time. .................................................. 258

9.74.070 Revocation. ............................................................................................. 258 Chapter 9.76 TEMPORARY USE PERMITS............................................................................ 259

9.76.010 Purpose.................................................................................................... 259

9.76.020 Temporary uses exempt from permit requirements. ............................... 259

9.76.030 Temporary use permit required............................................................... 260

9.76.040 Development standards........................................................................... 260 October 10, 2024 Pg. 56
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9.76.050 Temporary improvements on a site......................................................... 260

9.76.060 Findings................................................................................................... 261

9.76.070 Conditions............................................................................................... 261 Chapter 9.78 HOME OCCUPATION PERMITS ...................................................................... 262

9.78.010 Purpose.................................................................................................... 262

9.78.020 Permit required........................................................................................ 262

9.78.030 Application.............................................................................................. 262

9.78.040 Prohibited home occupation uses............................................................ 262

9.78.050 Operating standards. ............................................................................... 263

9.78.060 Life of permits and extensions of time. .................................................. 264

9.78.070 No transferability. ................................................................................... 264

9.78.080 Revocation. ............................................................................................. 265 Chapter 9.80 CONDITIONAL USE PERMITS......................................................................... 266

9.80.010 Purpose.................................................................................................... 266

9.80.020 Application procedure............................................................................. 266

9.80.030 Findings................................................................................................... 266

9.80.040 Conditions of approval............................................................................ 267

9.80.050 Notice of decision. .................................................................................. 267

9.80.060 Appeals. .................................................................................................. 267

9.80.070 Life of permits and extensions of time. .................................................. 267

9.80.080 Revocation. ............................................................................................. 267 Chapter 9.82 VARIANCES AND MINOR DEVIATIONS....................................................... 268

9.82.010 Purpose.................................................................................................... 268

9.82.020 Prohibited variances or minor deviations. .............................................. 268

9.82.030 Application procedure............................................................................. 269

9.82.040 Minor deviation findings......................................................................... 269

9.82.050 Variance findings. ................................................................................... 269

9.82.060 Notice of decision. .................................................................................. 270

9.82.070 Appeals. .................................................................................................. 270

9.82.080 Life of permits and extensions of time. .................................................. 270

9.82.090 Revocation. ............................................................................................. 270 Chapter 9.84 ZONING ORDINANCE AMENDMENTS.......................................................... 271

9.84.010 Purpose.................................................................................................... 271

9.84.020 Application procedure............................................................................. 271

9.84.030 Findings................................................................................................... 271

9.84.040 Notice of decision. .................................................................................. 272

9.84.050 Appeals. .................................................................................................. 272

9.84.060 Life of permits and extensions of time. .................................................. 272

9.84.070 Revocation. ............................................................................................. 272

9.84.080 Urgency zoning ordinance amendments................................................. 272

9.84.090 Prezoning. ............................................................................................... 273 Chapter 9.86 GENERAL PLAN AND SPECIFIC PLAN AMENDMENTS ............................ 274 October 10, 2024 Pg. 57
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9.86.010 Purpose.................................................................................................... 274

9.86.020 Application process................................................................................. 274

9.86.030 Frequency of general plan amendments. ................................................ 274

9.86.040 Findings................................................................................................... 275

9.86.050 Notice of decision. .................................................................................. 275

9.86.060 Appeals. .................................................................................................. 275

9.86.070 Life of permits and extensions of time. .................................................. 275

9.86.080 Revocation. ............................................................................................. 275 Chapter 9.88 REASONABLE ACCOMMODATION............................................................... 276

9.88.010 Purpose.................................................................................................... 276

9.88.020 Definitions............................................................................................... 276

9.88.030 Reasonable accommodation request. ...................................................... 276

9.88.040 Notice to the public of availability of accommodation process.............. 277

9.88.050 Requesting reasonable accommodation.................................................. 277

9.88.060 Medical information................................................................................ 277

9.88.070 Application requirements........................................................................ 277

9.88.080 Jurisdiction.............................................................................................. 278

9.88.090 Findings for reasonable accommodation. ............................................... 278

9.88.100 Appeals. .................................................................................................. 279

9.88.110 Fee........................................................................................................... 279

9.88.120 Stay of enforcement. ............................................................................... 279 Chapter 9.90 NON-CONFORMING USES, STRUCTURES, AND LOTS.............................. 280

9.90.010 Purpose.................................................................................................... 280

9.90.020 Applicability. .......................................................................................... 280

9.90.030 Non-conforming uses.............................................................................. 280

9.90.040 Non-conforming structures. .................................................................... 281

9.90.050 Non-conforming lots............................................................................... 282

9.90.060 Removal of certain non-conforming uses and structures........................ 282

9.90.070 Effect of eminent domain........................................................................ 282

9.90.080 Exceptions............................................................................................... 282 Chapter 9.94 ENFORCEMENT AND PENALTIES ................................................................. 284

9.94.010 Purpose and application. ......................................................................... 284

9.94.020 Complaints regarding violation............................................................... 284

9.94.030 Apparent violations................................................................................. 284

9.94.040 Requirements to investigate.................................................................... 284

9.94.050 Inspection................................................................................................ 284

9.94.060 Notice of violation. ................................................................................. 285

9.94.070 Misdemeanor........................................................................................... 285

9.94.080 Injunctive relief....................................................................................... 285

9.94.090 Abatement proceeding. ........................................................................... 285

9.94.100 Non-compliance with permit conditions................................................. 285

9.94.110 Validity and issuance of permits............................................................. 286 Chapter 9.96 DEFINITION OF LAND USES ........................................................................... 287 October 10, 2024 Pg. 58
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9.96.010 Purpose.................................................................................................... 287

9.96.020 Land use definitions................................................................................ 287 Chapter 9.98 DEFINITION OF TERMS.................................................................................... 307

9.98.010 Applicability. .......................................................................................... 307

9.98.020 Definition of terms.................................................................................. 307 October 10, 2024 Pg. 59
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Chapter 9.02

GENERAL PROVISIONS
Sections:

9.02.010 Adoption.

9.02.020 Purposes and objectives.

9.02.030 Short title.

9.02.040 Components.

9.02.050 Authority.

9.02.060 Relationship to the General Plan.

9.02.070 Relationship to specific plans.

9.02.080 Relationship to design guidelines.

9.02.090 Relationship to other titles of the Municipal Code.

9.02.100 Conflict between other regulations.

9.02.110 Application.

9.02.120 Enforcement.

9.02.130 Issuance of permits, certificates, and licenses.

9.02.010 Adoption.

There is adopted, as provided in this title, a Zoning Ordinance for the City of Avenal, State of California, which is a part of the Avenal Municipal Code.

9.02.020 Purposes and objectives.

The Zoning Ordinance is adopted to preserve, protect, and promote the public health, safety, peace, comfort, convenience, prosperity, and general welfare of the citizens of Avenal. More specifically, the Zoning Ordinance is adopted to achieve the following objectives:

A. Provide a zoning map and associated regulations to guide the physical development of Avenal in such a manner as to progressively achieve the general arrangement of the land uses described and depicted in the Avenal General Plan.

B. Provide the economic and social advantages resulting from an orderly planned use of land resources.

C. Guide development so that it is consistent with the City of Avenal General Plan and promotes good design by adhering to accepted standards.

D. Prescribe and apply zoning districts of a number, size, and location deemed necessary to carry out the purposes of the City of Avenal General Plan and this Ordinance.

E. Coordinate policies and regulations of the City of Avenal with regard to the use of land with such policies and regulations of the County of Kings in order to facilitate the transition from county to municipal jurisdiction.

F. Maintain and protect the value of property.

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G. Ensure the provision of adequate open space for light, air, and recreation.

H. Promote the economic stability of existing land uses that conform to the General Plan and protect them from intrusions by inharmonious or harmful land uses.

I. Permit the development of agricultural, residential, office, commercial, and industrial land uses in accordance with the General Plan to strengthen Avenal’s economic base.

J. Protect the character of Avenal’s downtown and its residential neighborhoods.

K. Maintain and enhance significant environmental resources.

L. Protect agricultural producers in areas of planned urban expansion.

M. Provide for the enforcement of the regulations of this Ordinance.

N. Provide the private sector with a document upon which it can base investment decisions.

O. Inform the public where certain types of development will occur in the community as well as the development standards to which they will develop.

9.02.030 Short title.

This title shall be known as the “Zoning Ordinance.” The words “Code” and “Ordinance” as used in this title, shall have the same meaning.

9.02.040 Components.

The Zoning Ordinance shall consist of a zoning map designating certain districts and a set of regulations controlling land uses, population density, structures’ uses and locations, and the height and bulk of structures. It shall also consist of the open spaces about structures; the appearance of certain uses and structures; the areas and dimensions of sites; the location, size, and illumination of signs; the number and design of off-street parking and off-street loading facilities; and the process for approving discretionary land use actions.

9.02.050 Authority.

This title is adopted pursuant to the provisions of the Planning and Zoning Law, Title 7 of Government Code Section 65000 of the State of California.

9.02.060 Relationship to the General Plan.

The Zoning Ordinance is the primary tool used to implement the goals and policies contained within the General Plan. All matters governed by this title shall substantially conform to the General Plan’s purposes, intent, or provisions. Any recommendations for zone changes, if found to be not in conformance with the General Plan and its phrasing, shall not be permitted unless it is also found that the General Plan is in error or in need of change. In this situation, the General Plan must also be amended to maintain consistency between the General Plan and the Zoning Ordinance.

9.02.070 Relationship to specific plans.

Specific plans are designed to meet the requirements of the State Government Code and the General Plan. All uses, buildings, or structures located within a specific plan area shall comply with the provisions of the applicable specific plan. Where such provisions conflict with the Zoning Ordinance, the requirements of the adopted specific plan shall take precedence over the Zoning October 10, 2024 Pg. 61
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Ordinance. In instances where the specific plan is silent, the provisions of the Zoning Ordinance shall prevail.

9.02.080 Relationship to design guidelines.

Design guidelines, which can be adopted by the City Council, are intended to supplement the general design and development regulations located in the Zoning Ordinance. Design guidelines represent the City’s preferences and provide examples of appropriate, quality design that positively contribute to the character of the community, but they are not intended to preclude alternatives or restrict imagination. In the event there is a conflict between the Zoning Ordinance and the design guidelines, the regulations in the Zoning Ordinance prevail.

9.02.090 Relationship to other titles of the Municipal Code.

No provision of this title is intended to abrogate, repeal, annul, impair, or interfere with any existing ordinance of the City. Where this title imposes greater restrictions or regulations than are imposed or required by an existing ordinance, deed restriction, covenant, easement, or agreement between parties, this title shall control.

9.02.100 Conflict between other regulations.

Any conflicts between the requirements of this title or between this title and other regulations shall be resolved as follows:

A. In the event of any conflict between the provisions of this title, the most restrictive requirement shall control.

B. In the event of any conflict between the requirements of this title and standards adopted as part of any development agreement or specific plan, the requirements of the development agreement or specific plan shall control.

C. In the event of any conflict between the requirements of this title and other regulations of the City, the most restrictive requirement shall control, as determined by the City.

D. It is not intended that the requirements of this title shall interfere with, repeal, abrogate, or annul any easement, covenant, or other development agreement that existed when this Zoning Ordinance became effective. This Zoning Ordinance applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than an applicable private agreement or restriction, without affecting the applicability of any agreement or restriction. The City will not enforce any private covenant or agreement unless the City is a party to the covenant or agreement. Where a requirement of a private covenant or agreement directly conflicts with a requirement in this title, the City will enforce the requirements of this title.

9.02.110 Application.

To the extent permitted by applicable law, this title shall apply to all property, whether owned by private persons, firms, corporations, or organizations; by the United States of America or any of its agencies; by the State or any of its agencies or political subdivisions; by any county or city, including the City of Avenal, or any of its agencies; or by any authority or district organized under the laws of the State, except for exemptions specifically allowed by State and federal law or amendments thereto.

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9.02.120 Enforcement.

The provisions of this title shall be enforced in accordance Chapter 9.94 of this title and with Chapter 2 of Title 1 of the Avenal Municipal Code.

9.02.130 Issuance of permits, certificates, and licenses.

A. All officials, departments, and employees of the City vested with the authority or duty to issue permits, certificates, or licenses shall comply with the provisions of this title and the rest of the Avenal Municipal Code and shall issue no permit, certificate, or license that conflicts with the provisions of this title. Any permit, certificate, or license issued in error that is in conflict with the provisions of this title shall, upon its issuance, be void.

B. A business license for any new business or for a new location for any existing business activity shall not be issued until the Director or designee has determined that the conduct of the business activity is not in violation of any provision of this title.

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Chapter 9.04

CONSTRUCTION AND TERMINOLOGY
Sections:

9.04.010 Construction.

9.04.020 General terminology of persons and entities.

9.04.030 Rules of interpretation.

9.04.040 Rules of measurement.

9.04.010 Construction.

The following rules shall apply in this title unless inconsistent with the plain meaning of the context of this chapter:

A. The present tense includes the past and future tenses, and the future tense includes the present.

B. Words used in the singular shall include the plural, and words used in the plural shall include the singular.

C. In the event there is any conflict or inconsistency between the heading of a chapter, section, or subsection of this title and the context thereof, such heading shall not be deemed to affect the scope, meaning, or intent of such context.

D. The words “shall,” “will,” “is to,” and “are to” are always mandatory. “Should” is not mandatory but is strongly recommended. “May” is permissive. “Shall not” and “may not” are always restrictive.

E. The words “and”, “and/or”, “or”, and “either/or” shall have the following meaning:
a. “And” indicates all connected words or provisions are mandaroty and apply. b. "And/or" indicates that the connected words or provisions may apply singularly or in any combination.
c. "Or" indicates that the connected words or provisions may apply singularly or in any combination.
d. "Either/or" indicates that the connected words or provisions shall apply singularly, but not in combination
F. The words “zone district,” “zoning district,” and “zone” shall have the same meaning.

G. Whenever the number of days is specified in this title or in any permit, condition of approval, or notice issued or given as provided in this title, the number of days shall be construed as calendar days unless business days are specified. Time limits will extend to the following business day where the last of the specified number of days falls on a day that the City is not open for business, except as otherwise provided for by other State and federal laws, regulations, and agencies.

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H. Whenever a time limit in this title is specified in months, the number of months shall be deemed to be consecutive months.

I. When a provision of this title refers to a requirement elsewhere, the subject of the crossreference is assumed to be another chapter, section, or subsection of this title or another provision within the same section or chapter, unless the title of another document is provided.

J. The provisions of this title are held to be minimum requirements, except where they are expressly stated to be otherwise.

9.04.020 General terminology of persons and entities.

A. “Applicant” means the property owner or their authorized agent or contractor who is requesting approval of a project.

B. “Building official” means the building official of the City of Avenal or his/her designee.

C. “City” means the City of Avenal, California.

D. “City Council” and “Council” mean the City Council of the City of Avenal.

E. “City Engineer” means the City Engineer of the City of Avenal or his/her designee.

F. “Director” means the Director of the Community Development Department of the City of Avenal or his/her designee.

G. “Planning Commission” means the Planning Commission of the City of Avenal, duly appointed in accordance with Chapter 3 Article 1 of Title 2 of the Avenal Municipal Code.

H. “Person” means person, firm, corporation, or organization.

9.04.030 Rules of interpretation.

A. The Director shall have the responsibility and authority to interpret the meaning and applicability of all provisions and requirements of this title.

B. A request for an interpretation or determination shall be filed with the Director and shall include all information required by the City.

C. The Director has the option of forwarding any determination of the meaning or applicability of any provision of this title to the Planning Commission for consideration and decision.

D. Any affected person may appeal the interpretation of the Director or the Planning Commission to the City Council. If appealed, the City Council shall then make the final interpretation.

9.04.040 Rules of measurement.

A. For all measurements and calculations, the applicant or property owner shall be responsible for supplying drawings illustrating the measurements that apply to a project. These drawings shall be drawn to scale and shall include sufficient detail to allow easy verification upon inspection by the City.

B. When measuring a required distance, such as the minimum distance between a structure and a lot line, the measurement shall be made at the closest or shortest distance between the two objects.

C. Distances are measured along a horizontal plane unless otherwise specified.

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D. Measurements involving a structure are made to the closest wall of the structure unless otherwise specified.

E. When measuring the distance between two land uses, the measurement shall be made from the closest lot line to the lot line.

F. When measuring height, the measurement shall be the vertical distance from the highest point to the ground level directly below unless otherwise specified; provided, however, the provisions of this section shall not apply to the height of any structure necessary for public safety or as required by any law or regulation of the State or an agency thereof.

G. Where there is a grade difference on either side of a fence or wall, the height of the fence or wall shall be measured on the higher side.

H. Minimum lot width shall be measured at the front setback line or from the front property line if there is no required setback, as determined by the zoning of the lot.

I. Lot depth is measured along an imaginary straight line drawn from the midpoint of the front property line of the lot to the midpoint of the rear property line or to the most distant point on any other lot line where there is no rear lot line.

J. Required building setback area shall be measured as the minimum horizontal distance from the property line of the site or street line to a line parallel thereto on the site; provided, however, where a precise street plan has been adopted by the City Council, required front building setback area shall be measured from the precise street plan line.

K. Where a site abuts a street having only a portion of its required width dedicated or reserved for street purposes, the site area and required building setback areas shall be measured from a line representing the boundary of the additional width required for street purposes abutting the site.

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Chapter 9.06

ZONE DISTRICTS AND ZONING MAP
Sections:

9.06.010 Purpose.

9.06.020 Applicability.

9.06.030 Establishment of zone districts.

9.06.040 Establishment of zoning map.

9.06.050 Interpretation of zone boundary lines.

9.06.060 Zone changes.

9.06.070 Prezoning.

9.06.080 Right-of-way abandonment.

9.06.010 Purpose.

The purpose of this chapter is to establish zone districts and a zoning map to classify, regulate, restrict, and segregate the uses of land and buildings, to regulate and restrict the height and bulk of buildings, to regulate the area of yards and other open spaces about buildings, and to regulate the density of population.

9.06.020 Applicability.

The zoning districts are applicable in all areas of Avenal.

9.06.030 Establishment of zone districts.

A. Base zone districts establish the basic land use and property development regulations applicable to all property within Avenal, as provided in Section 9.02.110. Overlay zone districts provide additional regulations that are to be exercised over certain lands within the overlay zone to meet special community health, safety, welfare, environmental, or development objectives described by the General Plan or a specific plan. Overlay zone district regulations apply in addition to base zone district regulations and other regulations of this chapter.

B. The base zoning districts are hereby established as follows:

1. Intensive Agriculture zone, abbreviated A-I.

2. Extensive Agriculture zone, abbreviated A-E.

3. Residential Estate zone, abbreviated R-E.

4. Low Density Residential zone, abbreviated as R-1.

5. Medium Density Residential zone, abbreviated as R-2.

6. High Density Residential zone, abbreviated as R-3.

7. Community Commercial zone, abbreviated as C-C.

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8. Downtown Commercial zone, abbreviated as C-D.

9. Service Commercial zone, abbreviated as C-S.

10. Highway Commercial zone, abbreviated as C-H.

11. Light Industrial zone, abbreviated as M-1.

12. Heavy Industrial zone, abbreviated as M-2.

13. Public Facilities zone, abbreviated as PF.

14. Open Space, Parks and Recreation zone, abbreviated as O.

C. The overlay zoning districts are hereby established as follows:

1. Mixed-Use overlay zone, abbreviated as MU.

2. Planned Unit Development overlay zone, abbreviated as PUD.

9.06.040 Establishment of zoning map.

A. To ensure that comprehensive zoning regulations may be applied uniformly to all incorporated territories upon adoption of this title, a zoning map is hereby established to delineate the location and boundaries of zone districts within Avenal. The zoning map is incorporated into this title by this reference with the same force and effect as if the boundaries, together with any notations, references, and information shown on the zoning map, were specifically stated and described in this title.

B. The zoning map, together with such additional maps as may be adopted in accordance with the provisions of this title, shall be collectively known as the “City of Avenal Zoning Map.” C. The official copy of the zoning map shall be kept, maintained, and made available to the public by the Avenal Community Development Department. The zoning map may be maintained in hard copy and/or electronic formats.

D. All property within the incorporated territory shall be delineated within a zoning district on the zoning map.

E. The location of zoning districts on the zoning map shall be consistent with the applicable policies and land use designations set forth in the General Plan.

9.06.050 Interpretation of zone boundary lines.

Whenever any uncertainty exists as to the boundary line between two zoning districts shown on the zoning map, the following interpretations shall control:

A. Where a zoning boundary line is indicated as following a street, alley, railroad right-of-way, drainage channel, or other watercourse, the center line of such street, alley, railroad right-ofway, drainage channel, or other watercourse shall be the boundary line.

B. Where a zoning boundary line is indicated as following a lot line or property line, the boundary line shall be construed as following such lot line or property line.

C. Where a zoning boundary line is not indicated as following a street or alley and does not follow or coincide approximately with a lot line or property line, the zoning boundary line shall be determined by the Director utilizing the scale designated on the zoning map.

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D. Where further uncertainty exists, the Planning Commission, upon a written application from the owner of the property in question or upon its own motion, shall determine the location of the zoning boundary line in question, giving consideration to the location indicated on the zoning map, the purposes and objectives of the Zoning Ordinance, and the applicable policies set forth in the General Plan.

9.06.060 Zone changes.

A. Changes to the zoning map shall be approved by an ordinance of the City Council in accordance with Chapter 9.84.

B. When the Director determines that there is a technical error on the zoning map, the zoning map may be corrected to remove the technical error without the approval of an ordinance.

9.06.070 Prezoning.

Territories proposed for annexation into Avenalshall be prezoned concurrent with the City Council initiation of annexation proceedings in accordance with Chapter 9.84.

9.06.080 Right-of-way abandonment.

When a public street, alley, or railroad right-of-way is abandoned, the abandoned territory shall be immediately, and without any further action, included in the zoning district of the adjacent territory.

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City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 11 2024
Chapter 9.08

LAND USE TABLES
Sections:

9.08.010 Land use restriction.

9.08.020 Residential land use table.

9.08.030 Commercial, office, and industrial land use table.

9.08.040 Addition of a use to land use tables.

9.08.010 Land use restriction.

No structure, or any part thereof, shall be erected or enlarged, nor shall any site or structure be used, designated, or intended to be used for any purpose or in any manner other than is included among the uses listed in the land use tables in this chapter as permitted, administratively permitted, or conditionally permitted in the zoning district in which such structure, land, or site is located, except as otherwise authorized by this title.

9.08.020 Residential land use table.

A. Table 9.08.020-1 identifies which land uses are permitted by right, require a use permit, or are not allowed in the R-E, R-1, R-2, and R-3 zones.

B. A “P” means that the use is permitted by right in that zone. A “C” means the use requires a conditional use permit in that zone. An “A” means the use requires an administrative use permit in that zone. A “T” means the use requires a temporary use permit in that zone. A blank box means the use is not allowed in that zone.

C. Establishment of a use, even if permitted by right, may require the issuance of a site plan review permit in accordance with Chapter 9.72, or other applicable entitlements in accordance with Chapter 9.70.

D. Land uses are grouped generally by type of use and then listed alphabetically. The land use groups are Residential Uses, Accessory and Support Uses, and Other Uses. Use of the word “or” can mean either or both uses.

E. Land uses with specific land use standards shall meet the requirements found in the identified section in the last column of the table.

F. If two or more land uses are permitted in the same zone, those land uses may coexist on the same site.

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Table 9.08.020-1
Residential Zones Land Use Table
P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Residential Zones Specific
Land Use
Standards
(See
identified
Section)
R-E R-1 R-2 R-3
Residential Uses
1 Assisted living, skilled nursing, or hospice
facility C C P P
2 Bed and breakfast inn C C C C 9.60.080
3 Boarding house or rooming house P P
4 Emergency shelter C C P C
5 Employee housing, small; six or fewer
employees P P P P
6 Employee housing, large; more than six
employees C C C C
7 Hotel or motel
8 Manufactured home not within a mobile home
park, more than 10 years old 9.60.150
9 Manufactured home not within a mobile home
park, less than 10 years old P P C 9.60.150
10 Mobile home or Manufactured home park C C C 9.60.170 11 Multi-family dwelling, up to two units
(duplex) C C P P
12 Multi-family dwelling, three or four units
(triplex or fourplex) C C P P
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City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 13 2024
Table 9.08.020-1
Residential Zones Land Use Table
P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Residential Zones Specific
Land Use
Standards
(See
identified
Section)
R-E R-1 R-2 R-3
13 Multi-family dwelling, five or more units P P
14 Recreational vehicle park C C
15 Residential care facility, up to six persons P P P P 16 Residential care facility, seven or more
persons

C C C C
17 Single-family dwelling, attached P P P
18 Single-family dwelling, detached P P C
19 Single-room occupancy (SRO) P
20 Supportive housing P P P P
21 Transitional housing P P P P
Residential Accessory and Support Uses
30 Accessory dwelling unit (ADU) P P P P 9.60.030
31 Accessory dwelling unit, junior (Junior ADU) P P P P 9.60.040 32 Building ancillary to the main residential use P P P P October 10, 2024 Pg. 72
City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 14 2024
Table 9.08.020-1
Residential Zones Land Use Table
P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Residential Zones Specific
Land Use
Standards
(See
identified
Section)
R-E R-1 R-2 R-3
33 Cottage food operation A A A A 9.60.100
34 Expansion of existing non-conforming
residential use C C C C
35 Guest house P P P P
36 Home occupation A A A A 9.78
37 Keeping of household pets P P P P
Chapter 1
of Title 6

9.60.060
38 Raising of fruit, vegetables, and horticultural
specialties for personal use P P P P
39 Temporary caretaker’s dwelling T T T T
40 Temporary materials or equipment storage
yard T T T T
41 Temporary residential sales office T T T T
42 Other accessory or ancillary use or structure
that the Director determines is customarily
associated with, and subordinate to, a primary
permitted use.

P P P P
Other Uses
50 Assembly facility (e.g. meeting facilities,
churches, community centers) C C C
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City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 15 2024
Table 9.08.020-1
Residential Zones Land Use Table
P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Residential Zones Specific
Land Use
Standards
(See
identified
Section)
R-E R-1 R-2 R-3
51 Cannabis Cultivation for Personal Use per
Proposition 64 Guidelines(Indoor) P P P P 5.48
52 Cannabis Cultivation for Personal Use per
Proposition 64 Guidelines (Outdoor) P P P P 5.48
53 Cannabis delivery (receiving) P P P P 5.48
54 Cannabis dispensary
55 Cannabis distribution
56 Cannabis laboratory testing
57 Cannabis manufacturing
58 Cannabis processing
59 Cannabis product labeling
60 Cannabis storing
61 Cannabis transporting
62 Community center or facility C C C C
63 Daycare, adult up to six persons P P P P 9.60.070
63 Daycare, adult seven or more persons A A A A 9.60.070 October 10, 2024 Pg. 74
City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 16 2024
Table 9.08.020-1
Residential Zones Land Use Table
P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Residential Zones Specific
Land Use
Standards
(See
identified
Section)
R-E R-1 R-2 R-3
65 Daycare, small family P P P P 9.60.070
66 Daycare, large family P P P P 9.60.070
67 Daycare center C C C C
68 Electrical transmission and distribution
substation, gas regulator station,
communications equipment building, public
service pumping station, or elevated pressure
tank

A A A A
69 Mobile vendor or food truck A A 9.60.180
70 Outdoor storage that is visible from a public
right-of-way
71 Park or playground P P P P
72 School, private (kindergarten to 12th grade) C C C C 73 School, public (kindergarten to 12th grade) P P P P
74 School; charter, trade, vocational, art,
business, or professional C C C C
75 Self-storage facility or mini-warehouse C 9.60.160
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City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 17 2024
Table 9.08.020-1
Residential Zones Land Use Table
P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Residential Zones Specific
Land Use
Standards
(See
identified
Section)
R-E R-1 R-2 R-3
77 Land uses listed in the Commercial, Office,
and Industrial Zone Use Table (Section

9.08.030) that are not listed in this Residential
Zones Land Use Table

9.08.030 Commercial, office, and industrial land use table.

A. Table 9.08.030-1 identifies which land uses are permitted by right, require a use permit, or are not allowed in the A-I, A-E, C-C, C-D, C-S, C-H, M-1, M-2, PF, and O zones.

B. A “P” means that the use is permitted by right in that zone. A “C” means the use requires a conditional use permit in that zone. An “A” means the use requires an administrative use permit in that zone. A “T” means the use requires a temporary use permit in that zone. A blank box means the use is not allowed in that zone.

C. Establishment of a use, even if permitted by right, may require the issuance of a site plan review permit in accordance with Chapter 9.72 or other applicable entitlements in accordance with Chapter 9.70.

D. Land uses are grouped generally by type of use and then listed alphabetically. The land use groups are Accessory and Support Uses; Eating and Drinking Establishment Uses; Education, Assembly Uses; Manufacturing and Processing Uses; Office and Medical Uses; Public and Quasi-Public Uses; Recreation Uses; Residential Uses; Retail Uses; Service Uses; Transportation and Storage Uses; and Other Uses.

E. Land uses with specific land use standards shall meet the requirements found in the identified section in the last column of the table.

F. If two or more land uses are permitted in the same zone, those land uses may coexist on the same site.

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Table 9.08.030-1
Commercial, Office, and Industrial Zones Land Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Agricultural
Zones
Commercial
and Mixed-Use
Zones
Industrial,
Public, and
Open Space
Zones
Specific
Land Use
Standards
(See
identified
A
Section) -I
A-E
C-CC-D
C-S
C-H
M-1M-2
PF
O
Accessory and Support
Uses
A1 Automated teller machine
(ATM) P P P P P P P
A2 Caretaker residence or
quarters P P C P P P P P C
A3 Cottage food operation A A A A A A 9.60.100
A4
Daycare primarily for
children of employees on
the same site as a permitted
use

P P P C P C C P
A5
Drive-thru pick-up window
meeting all standards of

9.60.110
P P P P P 9.60.110
A6
Drive-thru pick-up window
not meeting all standards of

9.60.110
C C C C C 9.60.110
A7 Electric vehicle recharging
facility P P P P P P P P P P
A8
Food service primarily for
employees on the same site
as a permitted use

P P P P P P P P P P
A9 Home occupation A A A A A A 9.78
A10 Keeping of household pets P P P P P P 9.60.060
October 10, 2024 Pg. 77
City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 19 2024
Table 9.08.030-1
Commercial, Office, and Industrial Zones Land Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Agricultural
Zones
Commercial
and Mixed-Use
Zones
Industrial,
Public, and
Open Space
Zones
Specific
Land Use
Standards
(See
identified
A
Section) -I
A-E
C-CC-D
C-S
C-H
M-1M-2
PF
O
A11
Mobile vendor or food
truck A A A A A A A A A A 9.60.190
A12
Outdoor advertising
structure 9.56
A13
Outdoor storage in
commercial and industrial
zones
P P P P P P P P 9.60.200
A14
Temporary materials and/or
equipment storage yard P P T T T T T T P
A15
Temporary outdoor sales
(including parking lot) T T T T T T T T T T
A16 Vending machines P P P P P P P P 9.60.250
Eating and Drinking
Establishment Uses
B1 Artisan food and beverage
production and sales P P P P P P P P
B2 Bar, nightclub, or lounge C C C C
B3 Brewpub C P P P C C
B4 Microbrewery P P P P P
B5 Restaurant, full service P P P P P P C C
October 10, 2024 Pg. 78
City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 20 2024
Table 9.08.030-1
Commercial, Office, and Industrial Zones Land Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Agricultural
Zones
Commercial
and Mixed-Use
Zones
Industrial,
Public, and
Open Space
Zones
Specific
Land Use
Standards
(See
identified
A
Section) -I
A-E
C-CC-D
C-S
C-H
M-1M-2
PF
O
B6
Restaurant, limited service
with drive-thru pickup
window meeting all
standards of 9.60.110
P P P P C C 9.60.110
B7 Restaurant, limited service
with drive-thru pickup
window not meeting all
standards of 9.60.110
C C C C C C 9.60.080
B8
Restaurant, limited service
without drive-thru pickup
window

P P P P P P C C
Education and Assembly
Uses
C1
Assembly facility (e.g.
meeting facilities, churches,
community centers)

P P P P P P C C
C2 Auditorium P P P
C3 Card room C C C
C4
Club, lodge, or private
meeting hall P P P P
C5 Carnival or circus T T T T T T T T T T
C6
College or university,
public or private C C C P
October 10, 2024 Pg. 79
City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 21 2024
Table 9.08.030-1
Commercial, Office, and Industrial Zones Land Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Agricultural
Zones
Commercial
and Mixed-Use
Zones
Industrial,
Public, and
Open Space
Zones
Specific
Land Use
Standards
(See
identified
A
Section) -I
A-E
C-CC-D
C-S
C-H
M-1M-2
PF
O
C7
Convention or conference
center P P P
C8 Funeral home or mortuary C C C C C
C9
Library, museum, or
cultural facility P P P P
C10 Pool hall or billiard parlor C C C
C11 School, private
(kindergarten to 12th grade) C
C12 School, public
(kindergarten to 12th grade) P
C13
School; charter, trade,
vocational, art, business, or
professional

C P C P C P
C14
Studio for martial arts,
music, dance, yoga,
exercise, gymnastics, or
similar

P P P P P P C P
C15 Theater, live or movie C P C P P A
Manufacturing and
Processing Uses
D1 Agricultural crop
production P P C C P C
October 10, 2024 Pg. 80
City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 22 2024
Table 9.08.030-1
Commercial, Office, and Industrial Zones Land Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Agricultural
Zones
Commercial
and Mixed-Use
Zones
Industrial,
Public, and
Open Space
Zones
Specific
Land Use
Standards
(See
identified
A
Section) -I
A-E
C-CC-D
C-S
C-H
M-1M-2
PF
O
D2
Agricultural products
packing, packaging,
preparing, or processing

P P P P
D3 Animal raising P P
D4 Brewery, winery, or
distillery C C C C C
D5 Hazardous waste facility C
D6 Industrial or manufacturing
facility, heavy C
D7 Industrial or manufacturing
facility, light C C C P P P 9.30.020
D8 Meatpacking or
slaughterhouse C P
D9 Mining, quarry, or sand and
gravel excavation C C
D10 Research and development
facility P P P P P P
Office and Medical Uses
E1 Call center P P P P P
E2
Communications
broadcasting or media
studio

P P P P P
October 10, 2024 Pg. 81
City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 23 2024
Table 9.08.030-1
Commercial, Office, and Industrial Zones Land Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Agricultural
Zones
Commercial
and Mixed-Use
Zones
Industrial,
Public, and
Open Space
Zones
Specific
Land Use
Standards
(See
identified
A
Section) -I
A-E
C-CC-D
C-S
C-H
M-1M-2
PF
O
E3
Laboratory; general,
medical, or dental P P P P C
E4
Hospital, general, or
psychiatric P P
E5
Office; medical, dental, or
optometry P P P P
E6
Office; professional or
commercial P P P P
E7 Pharmacy P P P P
E8
Urgent care center or other
walk-in clinic P P P P
Public and Quasi-Public
Uses
F1 Cemetery P P
F2 Community center or
facility P P P P P
F3 Community garden P P C C C P P
F4
Electrical substation, gas
regulator station,
communications equipment
building, public service
pumping station, or
elevated pressure tank

P P A A A A A P P A
October 10, 2024 Pg. 82
City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 24 2024
Table 9.08.030-1
Commercial, Office, and Industrial Zones Land Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Agricultural
Zones
Commercial
and Mixed-Use
Zones
Industrial,
Public, and
Open Space
Zones
Specific
Land Use
Standards
(See
identified
A
Section) -I
A-E
C-CC-D
C-S
C-H
M-1M-2
PF
O
F5 Fairgrounds P
F6 Government office; local,
state, or federal C P P P P
F7 Post office P P P P P
F8
Public corporation yard,
utility yard, or vehicle and
heavy equipment
maintenance and storage
yard
P P
F9 Public safety facility or
station P P P P P P P P P P
F10
Social service office,
assistance center, or
guidance center

P P P P P P P
F11 Storm drainage basin, with
or without a park P P P P P P P P P
F12 Wireless communication
facility (WCF) C C C C C C C C P C 9.68
Recreation Uses
G1 Athletic complex or ball
field P P
G2 Commercial recreation
facility, indoor C C P P C C
October 10, 2024 Pg. 83
City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 25 2024
Table 9.08.030-1
Commercial, Office, and Industrial Zones Land Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Agricultural
Zones
Commercial
and Mixed-Use
Zones
Industrial,
Public, and
Open Space
Zones
Specific
Land Use
Standards
(See
identified
A
Section) -I
A-E
C-CC-D
C-S
C-H
M-1M-2
PF
O
G3 Commercial recreation
facility, outdoor C C C C C C
G4 Golf course or country club C C C C
G5 Health or fitness facility,
large P P P P
G6 Health or fitness facility,
small P P P P P P P
G7 Park or playground P P P P P P P P
Residential Uses
H1 Assisted living, skilled
nursing, or hospice facility C
H2 Bed and breakfast inn C C C 9.60.080
H3 Boarding or rooming house C C C
H4 Emergency shelter P P P P P P P P P
H5 Employee housing, small;
six or fewer employees P P P P
H6 Employee housing, large;
more than six employees C C
H7 Hotel or motel C C C C
October 10, 2024 Pg. 84
City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 26 2024
Table 9.08.030-1
Commercial, Office, and Industrial Zones Land Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Agricultural
Zones
Commercial
and Mixed-Use
Zones
Industrial,
Public, and
Open Space
Zones
Specific
Land Use
Standards
(See
identified
A
Section) -I
A-E
C-CC-D
C-S
C-H
M-1M-2
PF
O
H8 Live/work facility P P P P P P P C
H9
Manufactured home not
within a mobile home park,
more than 10 years old

9.60.150
H10
Manufactured home not
within a mobile home park,
less than 10 years old
C C C 9.60.150
H11
Mobile home or
manufactured home park C C C 9.60.170
H12
Multi-family dwelling, two
units per building (duplex) P P CP P
H13
Multi-family dwelling,
three or four units per
building (triplex or
fourplex)
CP CP

9.18 9.20
H14
Multi-family dwelling, five
or more units per building CP CP

9.18 9.20
H15 Recreational vehicle park C C C C
H16
Residential care facility, up
to six persons P P P
H17
Residential care facility,
seven or more persons
C C P
October 10, 2024 Pg. 85
City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 27 2024
Table 9.08.030-1
Commercial, Office, and Industrial Zones Land Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Agricultural
Zones
Commercial
and Mixed-Use
Zones
Industrial,
Public, and
Open Space
Zones
Specific
Land Use
Standards
(See
identified
A
Section) -I
A-E
C-CC-D
C-S
C-H
M-1M-2
PF
O
H18
Residential dwelling
located in same building
with office or commercial
use
P P P
H19
Single-family dwelling,
attached P P
H20 Single-family dwelling,
detached P P
H21 Single-room occupancy
(SRO) P P C C C C
H22 Supportive housing P P C
H23 Transitional housing P P C
Retail Uses
I1 Adult entertainment
establishment A A A A 9.62
I2 Auction or sales house P P P C
I3 Auction or sales yard C C C C
I4 Automobile and pick-up
sales, new and used C C C C 9.60.070
I5 Automobile and pick-up
sales, used only C C C C 9.60.070
October 10, 2024 Pg. 86
City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 28 2024
Table 9.08.030-1
Commercial, Office, and Industrial Zones Land Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Agricultural
Zones
Commercial
and Mixed-Use
Zones
Industrial,
Public, and
Open Space
Zones
Specific
Land Use
Standards
(See
identified
A
Section) -I
A-E
C-CC-D
C-S
C-H
M-1M-2
PF
O
I6 Boat, recreational vehicle
(RV), and truck sales C C C C
I7
Building materials and
supply or home
improvement store

C C P P P P
I8 Convenience store, with or
without fuel sales P P P P P P P P 9.60.090
I9 Farm or construction
equipment sales or service P P P C P P
I10 Farmers market A A A A A A A A A A
I11 Feed and seed store P P P P P
I12 Food market P P P P P P
I13 Food produce stand A A A A A A A A A T
I14 Fuel sales, fleet or cardlock P P P P P P P 9.60.220 I15 Fuel sales, retail C C P C P C C C 9.60.220
I16 Garden shop C C C C P P P P
I17 Landscape nursery C C P C C C
I18 Liquor store C C C C C C C C 9.60.050
October 10, 2024 Pg. 87
City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 29 2024
Table 9.08.030-1
Commercial, Office, and Industrial Zones Land Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Agricultural
Zones
Commercial
and Mixed-Use
Zones
Industrial,
Public, and
Open Space
Zones
Specific
Land Use
Standards
(See
identified
A
Section) -I
A-E
C-CC-D
C-S
C-H
M-1M-2
PF
O
I19 Manufactured home sales
yard C C
I20 News, magazines, or flower
stand, outdoor P P P P
I21 Pawnshop P P
I22 Pet store P P P P
I23 Retail sales store, less than
10,000 square feet P P P P
I24 Retail sales store, more
than 10,000 square feet P P P P
I25
Retail sales solely via
internet, direct mail, or
telephone

P P P P P P
I26 Secondhand or thrift store P P P P
I27 Swap meet or flea market C C C C C C C C
I28
Tobacco, smoke, or vape
shop C C C C C C
Service Uses
J1 Ambulance service C C P C C C C
J2 Bank or credit union P P P P
October 10, 2024 Pg. 88
City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 30 2024
Table 9.08.030-1
Commercial, Office, and Industrial Zones Land Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Agricultural
Zones
Commercial
and Mixed-Use
Zones
Industrial,
Public, and
Open Space
Zones
Specific
Land Use
Standards
(See
identified
A
Section) -I
A-E
C-CC-D
C-S
C-H
M-1M-2
PF
O
J3
Barbershop, hair salon, nail
care, massage therapy, or
day spa

P P P P
J4 Car wash, automatic or fullservice C C P P
J5 Car wash, self-service C P C P
J6 Carpet cleaning P P P P P
J7 Construction materials
recycling C P
J8 Copy, printing, or mailing
service P P P P P P
J9 Crematorium C C
J10 Dry cleaning or laundromat P P P P P C
J11 Equipment rental yard C C P P P
J12 Exterminator or pest
control service P P P P
J13 Food catering C C P P P P P P
J14 Fortunetelling P P P
J15 Fuel distributing P P P P P
October 10, 2024 Pg. 89
City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 31 2024
Table 9.08.030-1
Commercial, Office, and Industrial Zones Land Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Agricultural
Zones
Commercial
and Mixed-Use
Zones
Industrial,
Public, and
Open Space
Zones
Specific
Land Use
Standards
(See
identified
A
Section) -I
A-E
C-CC-D
C-S
C-H
M-1M-2
PF
O
J16 Kennel or animal boarding P P P C C C
J17 Linen, diaper, or uniform
supply service P C P P
J18 Motor vehicle repair or
service, major P C C P
J19 Motor vehicle repair or
service, minor C P C P P
J20 Payday lenders or check
cashing establishment C C C P
J21 Pet grooming P P P P P P
J22 Photography studio P P P P C C
J23 Recycling, small collection
facility (CRV only) P P P P P P P 9.60.210
J24 Recycling, large collection
facility C P P P 9.60.210
J25 Recycling, processing, or
sorting facility C C
J26 Repair shop, large
appliance or equipment P C P P
J27 Repair shop, small
appliance or equipment C C P P P P
J28 Shooting range, indoor C C C C C C
October 10, 2024 Pg. 90
City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 32 2024
Table 9.08.030-1
Commercial, Office, and Industrial Zones Land Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Agricultural
Zones
Commercial
and Mixed-Use
Zones
Industrial,
Public, and
Open Space
Zones
Specific
Land Use
Standards
(See
identified
A
Section) -I
A-E
C-CC-D
C-S
C-H
M-1M-2
PF
O
J29 Shooting range, outdoor C
J30 Specialty construction or
trade service P P P
J31 Tailoring or clothing
alterations P P P P
J32 Tattooing or body art C P P C C C
J33 Veterinary clinic or office P P P P P P P P
J34 Veterinary hospital P P C P
Transportation and
Storage Uses
K1 Airport or heliport C C P
K2 Bus, transit, or train station P P P P P P P P P
K3 Cold storage or ice house P P C P P
K4 Food locker P P C P P
K5 Junkyard, wrecking yard, or
salvage facility C
K6 Mini-warehouse or selfstorage facility C C P P 9.60.160 October 10, 2024 Pg. 91
City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 33 2024
Table 9.08.030-1
Commercial, Office, and Industrial Zones Land Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Agricultural
Zones
Commercial
and Mixed-Use
Zones
Industrial,
Public, and
Open Space
Zones
Specific
Land Use
Standards
(See
identified
A
Section) -I
A-E
C-CC-D
C-S
C-H
M-1M-2
PF
O
K7 Parking facility, off-site C C P P P
K8 Truck stop or travel center C C C 9.60.220
K9 Trucking or transportation
terminal C C C C
K10 Vehicle impound yard C C P
K11 Warehouse or distribution
center P P
Other Uses
L1 Cannabis Cultivation
(Indoor) 5.48
L2 Cannabis Cultivation
(Mixed Light)

5.48 L3 Receiving cannabis
deliveries P P 5.48
L4 Cannabis distribution 5.48
L5 Cannabis laboratory testing 5.48
L6 Cannabis manufacturing 5.48
L7 Cannabis processing 5.48
October 10, 2024 Pg. 92
City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 34 2024
Table 9.08.030-1
Commercial, Office, and Industrial Zones Land Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Agricultural
Zones
Commercial
and Mixed-Use
Zones
Industrial,
Public, and
Open Space
Zones
Specific
Land Use
Standards
(See
identified
A
Section) -I
A-E
C-CC-D
C-S
C-H
M-1M-2
PF
O
L8 Cannabis product labeling 5.48
L9 Cannabis retail 5.48
L10 Daycare, adult up to six
persons

P P P P P P
L11 Daycare, adult seven or
more persons

A A A A A A
L12 Daycare, small family P P P P P P
L13 Daycare, large family P P P P P P
L14 Daycare center C C C C C
L15
Other uses not listed that
are determined by the
Director to be similar in
nature to a listed use that is
permitted in the same zone

P P P P P P P P P P
L16
Other uses not listed that
are determined by the
Director to be similar in
nature to a listed use that
requires an administrative
use permit in the same zone

A A A A A A A A A A
October 10, 2024 Pg. 93
City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 35 2024
Table 9.08.030-1
Commercial, Office, and Industrial Zones Land Use Table P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Land Uses
Agricultural
Zones
Commercial
and Mixed-Use
Zones
Industrial,
Public, and
Open Space
Zones
Specific
Land Use
Standards
(See
identified
A
Section) -I
A-E
C-CC-D
C-S
C-H
M-1M-2
PF
O
L17
Other uses not listed that
are determined by the
Director to be similar in
nature to a listed use that
requires a conditional use
permit in the same zone

C C C C C C C C C C

9.08.040 Addition of a use to land use tables.

Upon an application or on its own initiative and pursuant to Chapter 9.84, the City Council may add a use to the land use tables established in this chapter if the Council makes all the following findings:

P. That the addition of the use to the land use table will be in accordance with the purposes of this title and of the zone district or districts in which the use will be permitted.

Q. That the zone district or districts in which the use is to be permitted has similar basic characteristics as the present uses allowed in the district or districts.

R. That the use will not generate a noticeably greater amount of odor, dirt, smoke, noise, vibration, illumination, glare, unsightliness, or any other objectionable influence or hazard than the amount normally created by any of the other uses permitted in the district or districts in which the use will be permitted.

S. That the establishment of the use in the zone district or districts in which it will be permitted will not be detrimental to the public health, safety, or welfare.

October 10, 2024 Pg. 94
City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 36 2024
Chapter 9.10

INTENSIVE AGRICULTURAL (A-I) ZONE
Sections:

9.10.010 Purpose and application.

9.10.020 Permitted uses.

9.10.030 Lot area.

9.10.040 Lot dimensions.

9.10.050 Coverage.

9.10.060 Building setback areas.

9.10.070 Distance between structures.

9.10.080 Height of structures.

9.10.090 Driveways.

9.10.100 Other setback standards.

9.10.110 Off-street parking.

9.10.120 Usable open space.

9.10.130 Landscaping.

9.10.140 Screening, fences, and walls.

9.10.150 Signs.

9.10.160 General provisions and standards.

9.10.010 Purpose and application.

This chapter shall apply to all land within the Intensive Agricultural (A-I) zone district. The purpose of the A-I zone is to preserve land best suited for intensive agricultural mining and other rural activities from the encroachment of incompatible uses, to prevent the intrusion of urban development into agricultural areas in such a manner as to make agricultural production uneconomical or impractical.

9.10.020 Permitted uses.

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 9.08.030.

9.10.030 Lot area.

The minimum lot area is five (5) acres. There shall be no minimum lot size for agricultural industrial uses approved in conjunction with a conditional use permit.

9.10.040 Lot dimensions.

There are no minimum lot dimensions.

9.10.050 Coverage.

The maximum coverage of a lot shall be no more than ten percent (10%) for permitted uses and no more than fifty percent (50%) for conditional uses.

October 10, 2024 Pg. 95
City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 37 2024

9.10.060 Building setback areas.

A. No structure shall be placed within a building setback area.

B. The front building setback area shall be a minimum of 50 feet from the front lot line.

C. The rear building setback shall be a minimum of 20 feet from the rear lot line.

D. The interior side building setback area shall be a minimum of 15 feet from an interior side property line.

E. The street-side building setback area shall be a minimum of 25 feet from a street-side property line.

F. Structures used for the purpose of housing livestock or for processing, packing, or storing agricultural produce shall be at least 40 feet away from any residential structures on the site and at least 100 feet from any public parks, schools, hospitals, or similar institutions.

9.10.070 Distance between structures.

The minimum distance between structures shall be 10 feet, except as provided by the building code.

9.10.080 Height of structures.

The maximum structure height shall be 35 feet, except that a height up to 75 feet may be permitted in accordance with Chapter 9.80 Conditional Use Permits.

9.10.090 Driveways.

Driveways should be minimized to protect the maximum amount of open space. Driveways shall be the minimum width and length necessary to support the use, as determined by the Director.

9.10.100 Other setback standards.

Mechanical equipment shall be located a minimum of 25 feet from every lot line.

9.10.110 Off-street parking.

A. Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 9.54.

B. No parking spaces shall be provided within any front, side, or rear building setback area.

9.10.120 Usable open space.

There is no open space requirement in the A-I zone 9.10.130 Landscaping.

Areas around buildings and parking areas that have been disturbed from their natural state shall be landscaped with natural landscape plants and materials that blend in with the natural environment on the site. Any landscaping installed shall comply with Chapter 9.52 Landscape Standards. These standards shall not apply to land used in agricultural production.

9.10.140 Screening, fences, and walls.

Fences and walls shall be provided on the site for each use in accordance with Sections 9.50.110 and 9.50.120.

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9.10.150 Signs.

Signs placed in the A-I zone shall be subject to the requirements and standards prescribed in Chapter 9.56.

9.10.160 General provisions and standards.

Structures and the use of structures or land shall be subject to the requirements and standards prescribed in Chapter 9.50.

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Chapter 9.12

EXTENSIVE AGRICULTURAL (A-E) ZONE
Sections:

9.12.010 Purpose and application.

9.12.020 Permitted uses.

9.12.030 Lot area.

9.12.040 Lot dimensions.

9.12.050 Coverage.

9.12.060 Building setback areas.

9.12.070 Distance between structures.

9.12.080 Height of structures.

9.12.090 Driveways.

9.12.100 Other setback standards.

9.12.110 Off-street parking.

9.12.120 Usable open space.

9.12.130 Landscaping.

9.12.140 Screening, fences, and walls.

9.12.150 Signs.

9.12.160 General provisions and standards.

9.12.010 Purpose and application.

This chapter shall apply to all land within the Intensive Agricultural (A-E) zone district. The purpose of the A-E zone is to designate areas suitable for less intensive, high-acreage, agriculture uses and to prevent the development of agricultural land to non-agricultural uses.

9.12.020 Permitted uses.

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 9.08.030.

9.12.030 Lot area.

The minimum lot area is 160 acres. There shall be no minimum lot size for agricultural industrial uses approved in conjunction with a conditional use permit.

9.12.040 Lot dimensions.

There are no minimum lot dimensions.

9.12.050 Coverage.

The maximum coverage of a lot shall be no more than ten percent (10 %) for permitted uses and no more than fifty percent (50%) for conditional uses.

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9.12.060 Building setback areas.

A. No structure shall be placed within a building setback area.

B. The front building setback area shall be a minimum of 50 feet from the front lot line.

C. The rear building setback shall be a minimum of 20 feet from the rear lot line.

D. The interior side building setback area shall be a minimum of 15 feet from an interior side property line.

E. The street-side building setback area shall be a minimum of 25 feet from a street-side property line.

F. Structures used for the purpose of housing livestock or for processing, packing, or storing agricultural produce shall be at least 40 feet away from any residential structures on the site and at least 100 feet from any public parks, schools, hospitals, or similar institutions.

9.12.070 Distance between structures.

The minimum distance between structures shall be 10 feet, except as provided by the building code.

9.12.080 Height of structures.

The maximum structure height shall be 35 feet, except that a height up to 75 feet may be permitted in accordance with Chapter 9.80 Conditional Use Permits.

9.12.090 Driveways.

Driveways should be minimized to protect the maximum amount of open space. Driveways shall be the minimum width and length necessary to support the use, as determined by the Director.

9.12.100 Other setback standards.

Mechanical equipment shall be located a minimum of 25 feet from every lot line.

9.12.110 Off-street parking.

Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 9.54.

9.12.120 Usable open space.

There is no open space requirement in the A-E zone 9.12.130 Landscaping.

Areas around buildings and parking areas that have been disturbed from their natural state shall be landscaped with natural landscape plants and materials that blend in with the natural environment on the site. Any landscaping installed shall comply with Chapter 9.52 Landscape Standards. These standards shall not apply to land used in agricultural production.

9.12.140 Screening, fences, and walls.

Fences and walls shall be provided on the site for each use in accordance with Sections 9.50.110 and 9.50.120.

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9.12.150 Signs.

Signs placed in the A-E zone shall be subject to the requirements and standards prescribed in Chapter 9.56.

9.12.160 General provisions and standards.

Structures and the use of structures or land shall be subject to the requirements and standards prescribed in Chapter 9.50.

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Chapter 9.14

RESIDENTIAL ESTATE (R-E) ZONE
Sections:

9.14.010 Purpose and application.

9.14.020 Permitted uses.

9.14.030 Lot area.

9.14.040 Lot dimensions.

9.14.050 Dwelling units per lot.

9.14.060 Coverage.

9.14.070 Building setback areas.

9.14.080 Distance between structures.

9.14.090 Height of structures.

9.14.100 Driveways.

9.14.110 Accessory structures.

9.14.120 Other setback standards.

9.14.130 Off-street parking.

9.14.140 Usable open space.

9.14.150 Landscaping.

9.14.160 Screening, fences, and walls.

9.14.170 Signs.

9.14.180 General provisions and standards.

9.14.190 Front yard paving design standards.

9.14.010 Purpose and application.

This chapter shall apply to all land within the Residential Estate (R-E) zone district. The purpose of the R-E zone is to provide areas that serve as a transition between the urban environment and the surrounding agriculture at a density of 0.1 to two dwellings per gross acre.

9.14.020 Permitted uses.

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 9.08.020.

9.14.030 Lot area.

The minimum lot area shall be 20,000 square feet.

9.14.040 Lot dimensions.

A. The minimum lot frontage shall be 40 feet.

B. The minimum lot width shall be 80 feet for interior lots and 120 feet for corner lots.

C. The minimum lot depth shall be 100 feet.

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9.14.050 Dwelling units per lot.

Not more than one dwelling unit shall be allowed on each lot unless approved as an accessory dwelling unit in accordance with Section 9.60.030.

9.14.060 Coverage.

The maximum coverage of a lot in the R-E zone shall be forty percent (40%) of the area of the lot.

9.14.070 Building setback areas.

A. No structure shall be placed within a building setback area.

B. The front building setback area shall be a minimum of 35 feet from the front lot line.

C. The rear building setback shall be a minimum of 20 feet.

D. The interior side building setback area shall be a minimum of 15 feet.

E. The street-side building setback area shall be a minimum of 25 feet from a street-side property line where the lot line fronts a local street and 35 feet from the street-side lot line where the lot line fronts a collector or arterial street.

F. Structures used for the purpose of housing livestock or for processing, packing, or storing agricultural produce shall be at least 50 feet away from any property line, 30 feet away from any residential structures on the site, and at least 100 feet from any public parks, schools, hospitals, or similar institution.

9.14.080 Distance between structures.

A. The minimum distance between structures shall be 10 feet, except as required by the building code.

B. The minimum distance between residential structures and structures used for the purpose of housing livestock or for processing, packing, or storing agricultural produce shall be 30 feet.

9.14.090 Height of structures.

The maximum structure height shall be 35 feet unless approved up to 50 feet with a conditional use permit in accordance with Chapter 9.80.

9.14.100 Driveways.

A. The width of a driveway and any paved area shall not cumulatively exceed 30 percent (30%) of the width of the lot’s street frontage on which the driveway and any paved area face. In the case of “L” or “U” shaped driveways or other configurations besides perpendicular driveways, the paved area of these driveways shall not exceed 40 percent of the front building setback area.

B. Driveways shall be designed so that vehicles are not required to back out onto collector or arterial streets.

C. On corner lots, the driveway shall be located on the side of the lot adjacent to the interior lot line.

D. On key lots, the driveway shall be located on the side of the lot that is not adjacent to the rear lot line of the adjacent reverse corner lot.

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9.14.110 Accessory structures.

Accessory structures may be located within a required rear or side building setback area subject to all of the following:

A. The walls shall be at least five (5) feet from the rear and side lot lines.

B. The accessory structure shall be separated from other structures by a minimum of ten (10) feet.

9.14.120 Other setback standards.

A. Mechanical equipment shall be located a minimum of three (3) feet from a side lot line that adjoins a neighboring side lot line.

B. Above- or below-ground swimming pools shall be set back three (3) feet from all lot lines.

C. Decks, balconies, and other types of platforms with a floor height over two (2) feet high shall be set back five (5) feet from the rear and interior side lot lines and ten (10) feet from the streetside lot line.

9.14.130 Off-street parking.

A. Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 9.54.

B. Required parking spaces may not be provided within any front, side, or rear building setback area except that garages or carports opening onto an alley shall be set back five (5) feet, provided that the structure, including roof overhang, shall not extend into the alley right-ofway.

C. The exterior siding and roofing materials utilized on garages and carports shall match the design and materials of any single-family dwelling on the same lot. New two-car carports may be utilized in place of a two-car garage only if located at least 20 feet behind the front building setback line and must be connected to the main dwelling, have a similar roof pitch as the main dwelling, use similar roofing material, and the main dwelling, and have support beams or posts that are decorative in style.

D. No recreation vehicle, including without limitation camping trailer, boat trailer, utility trailer, boat, pickup camper, motor home, dune buggy, or similar vehicle/trailer shall be stored or parked, except within an enclosed side or rear yard or within a garage or carport except if a side or rear yard is not accessible due to existing legal permanent structures.

E. All recreational vehicles or trailers parked in a location visible from the street are to be clean and maintained so as not to detract from the neighborhood. All recreational vehicles must be operable.

F. No recreational vehicle or trailer shall be used as a residence/dwelling.

G. All motor vehicles incapable of movement under their own power, other than in cases of emergency, shall be stored in an entirely enclosed space, garage, or carport. Vehicles with custom-fitted covers may be stored in an open area when it does not create a nuisance or safety problem as determined by the Director, cause complaints from neighbors, or violate any section of this code.

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H. Repair of vehicles owned by the resident of the property and storage of parts shall be within an enclosed garage or carport if no garage exists. Vehicle repair and storage of parts are prohibited in a driveway and the front or street-side building setback areas.

9.14.140 Usable open space.

There is no open space requirement in the R-E zone.

9.14.150 Landscaping.

A. Landscaping shall be provided for each use as prescribed in Section 9.52.

B. Except for driveways and approved parking areas, all yard areas and setback areas visible from the street(s) shall be landscaped with live plant materials and ornamentation common to the Avenal area, or up to 100 percent of the yard and setback area may be landscaped with artificial turf and other permeable surfaces.

C. Required landscaping is to be installed prior to occupancy and continually maintained pursuant to Chapter 9.52. The Director may grant an exception to this section to avoid planting in inclement weather.

D. Landscaped areas are not to be used or converted to parking areas or any other use which results in the damage or removal of the landscaping. However, the widening of an existing paved driveway perpendicular to the street is permitted if the total width of the existing paving and the new paving does not exceed 50 percent (50%) of the lot frontage along the street.

9.14.160 Screening, fences, and walls.

Fences, walls, and hedges in the R-E zone shall conform to the design standards in Section

9.50.110 and the following:

A. These regulations do not apply to fences or walls required by regulations of a State or federal agency, or by the City for reasons of public safety, or to retaining walls that adjoin land uses.

B. Fences, walls, and hedges may be erected and properly maintained to the heights identified below and measured from the highest adjoining finish grade:

1. Fences, walls, and hedges shall not exceed four (4) feet in height in a required front yard and in the street-side yard of a corner lot, provided that the top one foot shall be of a seethrough material such as wrought iron. Hedges up to three feet tall are also permitted in a required front yard.

2. Fences and walls shall not exceed seven (7) feet in height in any rear or side yard or other areas outside a required front yard.

3. On corner lots, a fence may not exceed four (4) feet in height in the street corner area of the parcel formed by a right triangle with the right angle at the street corner property lines and its right-angle sides measuring 25 feet. The top foot of the fence shall be of a seethrough material (such as wrought iron).

4. Walls along arterial and collector streets shall be installed and maintained equal to a minimum of six feet and a maximum of seven feet in height.

5. Walls greater than seven feet in height may be permitted, if approved by the Planning Commission, to mitigate noise impacts identified in the General Plan.

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C. All fences shall be limited to the following materials or a combination of materials:

1. Front and street-side yards:
a. Concrete/block/brick
b. Latticework fencing
c. Wood
d. Wrought iron

2. Rear and interior side yards:
a. Concrete/block
b. Latticework fencing
c. Wood
D. Perimeter walls around residential subdivisions shall be of neutral color and shall be textured with stone, brick, stucco, or other surface finish. Walls shall incorporate vertical elements (e.g., pilasters, indentations) of differing colors and/or materials at least every 50 feet.

E. Temporary fencing may be necessary to protect archaeological or historic resources and/or trees during site preparation and construction. Temporary fencing for these purposes shall be subject to the review and approval of the Director.

F. Swimming pools shall be entirely enclosed by structures, fences, or walls in compliance with California Government Code Section 115920 - The Swimming Pool Act.

1. Pool fences shall have a minimum height of five feet. Such fences shall be substantial and shall be constructed so there are no openings 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. No pool shall be filled with water until the enclosing fence 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.

G. The City reserves the right to remove, at the expense of the owner of the property or properties enclosed by the fence, any fence in a public easement in any emergency.

9.14.170 Signs.

Signs placed in the R-E zone shall be subject to the requirements and standards prescribed in Chapter 9.56.

9.14.180 General provisions and standards.

The following standards apply to all single-family dwellings, including manufactured homes, developed in the R-E zone:

A. The minimum width of a primary one-family dwelling or mobile home shall be 20 feet.

B. All residential units shall be attached to a permanent foundation, pursuant to the State’s Health and Safety Code.

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C. Roofing material shall be composed of composition shingles, ceramic tile, wood shakes, wood shingles, or other materials consistent with the Uniform Building Code.

D. Exterior siding material shall be composed of, or resemble, wood, masonry, or plaster.

E. Siding shall extend to the ground, except when a solid concrete or masonry perimeter foundation or retaining wall is used, in which case the material need only extend to the top of the foundation or wall.

F. Manufactured homes must be certified under the National Manufactured Home Construction and Safety Standards Act of 1974.

G. A manufactured home is prohibited if more than 10 years have elapsed between the date of the manufacture and the date of the application for the issuance of a permit to install the manufactured home.

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Chapter 9.16
LOW DENSITY RESIDENTIAL (R-1) ZONE
Sections:

9.16.010 Purpose and application.

9.16.020 Permitted uses.

9.16.030 Lot area.

9.16.040 Lot dimensions.

9.16.050 Dwelling units per lot.

9.16.060 Coverage.

9.16.070 Building setback areas.

9.16.080 Distance between structures.

9.16.090 Height of structures.

9.16.100 Driveways.

9.16.110 Accessory structures.

9.16.120 Other setback standards.

9.16.130 Off-street parking.

9.16.140 Usable open space.

9.16.150 Landscaping.

9.16.160 Screening, fences, and walls.

9.16.170 Signs.

9.16.180 General provisions and standards.

9.16.010 Purpose and application.

This chapter shall apply to all land within the Low-Density Residential (R-1) zone district. The purpose of the R-1 zone is to provide residential neighborhoods of mostly, but not exclusively, single-family homes at a density of two (2) to ten (10) dwellings per gross acre.

9.16.020 Permitted uses.

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 9.08.020.

9.16.030 Lot area.

The minimum lot area shall be 6,000 square feet unless a Planned Unit Development Overlay is approved in accordance with Chapter 9.42.

9.16.040 Lot dimensions.

A. The minimum lot frontage shall be 40 feet.

B. The minimum lot width shall be 60 feet for interior lots and 70 feet for corner lots.

C. The minimum lot depth shall be 100 feet for lots fronting on a local street and 130 feet for lots fronting on collector or arterial streets.

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D. New subdivisions shall avoid placing the front lot line of new lots along arterial or collector streets.

9.16.050 Dwelling units per lot.

Not more than one dwelling unit shall be allowed on each lot unless approved as an accessory dwelling unit in accordance with Section 9.60.030.

9.16.060 Coverage.

The maximum coverage of a lot in the R-1 zone shall be 50 percent (50%) of the area of the lot.

9.16.070 Building setback areas.

A. No structure shall be placed within a building setback area.

B. The front building setback area shall be a minimum of 15 feet from the front lot line to the structure’s living space and 20 feet from the front lot line to the garage or carport.

C. The rear building setback shall be a minimum of ten (10) feet from the rear lot line.

D. The interior side building setback area shall be a minimum of five (5) feet.

E. The street-side building setback area shall be a minimum of ten (10) feet.

9.16.080 Distance between structures.

The minimum distance between structures shall be ten (10) feet, unless a greater distance isrequired by the CA building code.

9.16.090 Height of structures.

The maximum structure height shall be 35 feet.

9.16.100 Driveways.

A. The width of a driveway and any paved area shall not cumulatively exceed 40 percent (40%) of the width of the lot’s street frontage on which the driveway and any paved area face.

B. In the case of “L” or “U” shaped driveways or other configurations besides perpendicular driveways, the paved area of these driveways shall not exceed 50 percent (50%) of the front building setback area.

C. Driveways shall be designed so that vehicles are not required to back out onto collector or arterial streets.

D. On corner lots, the driveway shall be located on the side of the lot adjacent to the interior lot line.

E. On key lots, the driveway shall be located on the side of the lot that is not adjacent to the rear lot line of the adjacent reverse corner lot.

9.16.110 Accessory structures.

Accessory structures may be located with a required rear or side building setback area subject to all of the following:

A. The walls shall be at least five (5) feet from the rear and side lot lines.

B. The accessory structure shall be separated from other structures by a minimum of ten (10) feet.

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9.16.120 Other setback standards.

A. Mechanical equipment shall be located a minimum of three (3) feet from a side lot line that adjoins a neighboring side lot line.

B. Above- or below-ground swimming pools shall be set back three (3) feet from all lot lines.

C. Decks, balconies, and other types of platforms with a floor height over two (2) feet high shall be set back five (5) feet from the rear and interior side lot lines and ten (10) feet from the streetside lot line.

9.16.130 Off-street parking.

A. Off-street parking shall be provided on the site for each use as prescribed in Chapter 9.54.

B. Required parking spaces may not be provided within any front, side, or rear building setback area except that garages or carports opening onto an alley shall be set back five (5) feet, provided that the structure, including roof overhang, shall not extend into the alley right-ofway.

C. The exterior siding and roofing materials utilized on garages and carports shall match the design and materials of any single-family dwelling on the same lot. New two-car carports may be utilized in place of a two-car garage only if located at least twenty (20) feet behind the front building setback line and must be connected to the main dwelling, have a similar roof pitch as the main dwelling, use similar roofing material, and the main dwelling, and have support beams or posts that are decorative in style.

D. No recreation vehicle, including without limitation camping trailer, boat trailer, utility trailer, boat, pickup camper, motor home, dune buggy, or similar vehicle/trailer shall be stored or parked, except within an enclosed side or rear yard or within a garage or carport except if a side or rear yard is not accessible due to existing legal permanent structures.

E. All recreational vehicles or trailers parked in a location visible from the street are to be clean and maintained so as not to detract from the neighborhood. All recreational vehicles must be operable.

F. No recreational vehicle or trailer shall be used as a residence/dwelling.

G. All motor vehicles incapable of movement under their own power, other than in cases of emergency, shall be stored in an entirely enclosed space, garage, or carport. Vehicles with custom-fitted covers may be stored in an open area when it does not create a nuisance or safety problem as determined by the Director, cause complaints from neighbors, or violate any section of this code.

H. Repair of vehicles owned by the resident of the property and storage of parts shall be within an enclosed garage, or carport if no garage exists. Vehicle repair and storage of parts are prohibited in a driveway and the front or street-side building setback areas.

9.16.140 Usable open space.

There is no open space requirement in the R-1 zone.

9.16.150 Landscaping.

A. Landscaping shall be provided for each use as prescribed in Section 9.52 Standards.

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B. Except for driveways and approved parking areas, all yard areas and setback areas visible from the street(s) shall be landscaped with live plant materials and ornamentation common to the Avenal area, or up to 100 percent (100 %) of the yard and setback area may be landscaped with artificial turf and other permeable surfaces.

C. Required landscaping is to be installed prior to occupancy and continually maintained pursuant to Chapter 9.52. The Director may grant an exception to this section to avoid planting in inclement weather.

D. Landscaped areas are not to be used or converted to parking areas or any other use which results in the damage or removal of the landscaping. However, the widening of an existing paved driveway perpendicular to the street is permitted if the total width of the existing paving and the new paving does not exceed 40 percent of the lot frontage along the street.

9.16.160 Screening, fences, and walls.

Fences, walls, and hedges in the R-1 zone shall conform to the design standards in Section 9.50.110 and the following:

A. Fences, walls, and hedges may be erected and properly maintained to the heights identified below and measured from the highest adjoining finish grade:

1. Fences, walls, and hedges shall not exceed four feet in height in a required front yard and in the street-side yard of a corner lot, provided that the top one foot shall be of a see-through material such as wrought iron. Hedges up to three feet tall are also permitted in a required front yard.

2. Fences and walls shall not exceed seven feet in height in any rear or side yard or other areas outside a required front yard.

3. On corner lots, a fence may not exceed four feet in height in the street corner area of the parcel formed by a right triangle with the right angle at the street corner property lines and its right-angle sides measuring 25 feet. The top foot of the fence shall be of a see-through material (such as wrought iron).

4. Walls along arterial and collector streets shall be installed and maintained equal to a minimum of six feet and a maximum of seven feet in height.

5. Walls greater than seven feet in height may be permitted, if approved by the Planning Commission, to mitigate noise impacts identified in the General Plan.

B. All fences shall be limited to the following materials or a combination of materials:

1. Front and street-side yards:
a. Concrete/block/brick
b. Latticework fencing
c. Wood
d. Wrought iron

2. Rear and interior side yards:
a. Concrete/block
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b. Latticework fencing
c. Wood
C. Perimeter walls around residential subdivisions shall be of neutral color and shall be textured with stone, brick, stucco, or other surface finish. Walls shall incorporate vertical elements (e.g., pilasters, indentations) of differing colors and/or materials at least every 50 feet.

D. Walls for residential developments along arterial or collector roadways shall be designed to provide pedestrian access between the arterial or collector to the residential development.

E. Temporary fencing may be necessary to protect archaeological or historic resources and/or trees during site preparation and construction. Temporary fencing for these purposes shall be subject to the review and approval of the Director.

F. Swimming pools shall be entirely enclosed by structures, fences, or walls in compliance with California Government Code Section 115920 - The Swimming Pool Act.

1. Pool fences shall have a minimum height of five feet. Such fences shall be substantial and shall be constructed so there are no openings 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. No pool shall be filled with water until the enclosing fence 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.

G. The City reserves the right to remove, at the expense of the owner of the property or properties enclosed by the fence, any fence in a public easement in any emergency.

9.16.170 Signs.

Signs placed in the R-1 zones shall be subject to the requirements and standards prescribed in Chapter 9.56.

9.16.180 General provisions and standards.

The following standards apply to all single-family dwellings, including manufactured homes, developed in the R-1 zone:

A. The minimum width of a primary single-family dwelling or mobile home shall be 20 feet.

B. Orientation and appearance of all single-family dwellings shall be consistent and compatible with other dwelling units in the surrounding area.

C. All residential units shall be attached to a permanent foundation, pursuant to the State’s Health and Safety Code.

D. Roofing material shall be composed of composition shingles, ceramic tile, wood shakes, wood shingles, or other materials consistent with the California Building Code (CBC) and Building Ordinance.

E. Exterior siding material shall be composed of, or resemble, wood, masonry, or plaster.

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F. Siding shall extend to the ground, except when a solid concrete or masonry perimeter foundation or retaining wall is used, in which case the material need only extend to the top of the foundation or wall.

G. Manufactured homes must be certified under the National Manufactured Home Construction and Safety Standards Act of 1974.

H. A manufactured home is prohibited if more than 10 years have elapsed between the date of the manufacture and the date of the application for the issuance of a permit to install the manufactured home.

I. Entryways for new subdivisions of 20 or more units fronting an arterial street shall be delineated and enhanced with the incorporation of at least two of the following:

1. Enhanced paving treatment with patterned and/or colored pavers, brick, or decorative colored and scored concrete a minimum of 20 feet deep and spanning the width of the entry roadway.

2. A monument sign or place name incorporated into a wall.

3. Enhanced landscaping that incorporates features such as arbors, trellises, and hedges.

4. A landscaped median at least six feet wide and 50 feet long in the middle of the entry roadway.

5. An expansion of the landscaped area by a minimum of five feet in depth, spanning a minimum of ten (10) feet on each side of the entry roadway.

J. Where new streets are proposed, the ends of new streets shall align with existing streets or paseos in adjacent blocks.

K. The maximum allowable length of closed-end streets (cul-de-sacs) in residential developments shall be 600 feet.

L. Where cul-de-sacs exist, pedestrian linkages are required and shall provide direct connections to adjacent streets or public areas.

M. Residential developments over 50 units shall be designed with at least two points of access to connect with arterials, collectors, or other neighboring developments.

N. Single-family subdivisions over 160 acres must include at least four points of access to connect with arterials, collectors, or other neighboring developments.

O. Within a subdivision, including home plans, homes built on side-by-side lots shall not repeat more than one primary home feature. A primary home feature includes a floor plan, elevation alternative, and color. The model floor plans shall not be repeated on more than two consecutive lots.

P. Single-family homes proposed in a subdivision of 20 or more homes shall include at least two of the following design features:

1. Tile roofing.

2. A garage subordinate design on at least 50 percent (50%) of the floor plans offered.

3. Three-color exterior paint.

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4. Architectural elements, including window shutters, decorative moldings, gable decorations, or decorative molding.

5. Stone, rock, or brick elevation treatments at the base of ground floor front street-facing facades.

6. A concrete or stone walkway from the sidewalk to the front door, exclusive of the driveway.

7. Front yard porch or courtyard of at least 25 square feet with no dimension measuring less than five (5) feet wide.

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City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 55 2024
Chapter 9.18
MEDIUM DENSITY RESIDENTIAL (R-2) ZONE
Sections:

9.18.010 Purpose and application.

9.18.020 Permitted uses.

9.18.030 Lot area.

9.18.040 Lot dimensions.

9.18.050 Site area per dwelling.

9.18.060 Coverage.

9.18.070 Building setback areas.

9.18.080 Distance between structures.

9.18.090 Height of structures.

9.18.110 Driveways.

9.18.120 Accessory structures.

9.18.130 Other setback standards.

9.18.140 Off-street parking.

9.18.150 Usable open space.

9.18.160 Landscaping.

9.18.170 Screening, fences, and walls.

9.18.180 Signs.

9.18.190 General provisions, and standards.

9.18.010 Purpose and application.

This chapter shall apply to all land within the Medium Density Residential (R-2) zone district. The purpose of the R-2 zones is to provide areas for multi-family development, including duplexes ranging in density from 10 to 15 dwelling units per acre.

9.18.020 Permitted uses.

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 9.08.020.

9.18.030 Lot area.

The minimum lot area shall be 6,000 square feet.

9.18.040 Lot dimensions.

A. The minimum lot frontage shall be 40 feet.

B. The minimum lot width shall be 50 feet for interior lots and 60 feet for corner lots.

C. The minimum lot depth shall be 100 feet.

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9.18.050 Site area per dwelling.

The minimum site area per dwelling unit shall be 3,000 square feet of area.

9.18.060 Coverage.

The maximum coverage of a lot in the R-2 zone shall be 60 percent (60%) of the area of the lot.

9.18.070 Building setback areas.

A. No structure shall be placed within a building setback area.

B. The front building setback area shall be a minimum of 15 feet from the front lot line for livable building space and 20 feet for garages, carports, and other non-livable building space.

C. The rear building setback area shall be a minimum of 10 feet from the rear lot line.

D. The side building setback area shall be five feet from an interior side lot line and 10 feet from a street-side property line. For a reverse corner lot, the street-side setback shall be 1/2 the required front yard setback of the lot to the rear.

9.18.080 Distance between structures.

The minimum distance between structures shall be ten (10) feet, unless a greater distance is required by the building code.

9.18.090 Height of structures.

The maximum structure height shall be 35 feet.

9.18.110 Driveways.

A. The width of a driveway and any paved area shall not cumulatively exceed 50 percent (50%) of the width of the lot’s street frontage on which the driveway and any paved area face. In the case of “L” or “U” shaped driveways or other configurations besides perpendicular driveways, the paved area of these driveways shall not exceed 50 percent (50%) of the front building setback area.

B. Driveways shall be designed so that vehicles are not required to back out onto collector or arterial streets.

C. On corner lots, the driveway shall be located on the side of the lot adjacent to the interior lot line.

D. On key lots, the driveway shall be located on the side of the lot, which is not adjacent to the rear lot line of the adjacent reverse corner lot.

9.18.120 Accessory structures.

Accessory structures may be located with a required rear or side building setback area subject to all of the following:

A. The floor area shall be a maximum of 300 square feet.

B. The walls shall be at least three feet from the rear and side lot lines.

C. The roof eaves shall be at least two feet from the rear and side lot lines.

D. The accessory structure shall be separated from other structures by a minimum of ten (10) feet.

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E. The plate line height shall be a maximum of ten (10) feet high.

F. The roof pitch shall be a maximum of 4:12.

G. The roof ridge peak height shall be a maximum of 15 feet.

9.18.130 Other setback standards.

A. Mechanical equipment shall be located a minimum of three (3) feet from a side lot line that adjoins a neighboring side lot line.

B. Above- or below-ground swimming pools shall be set back three (3) feet from all lot lines.

C. Decks, balconies, and other types of platforms with a floor height over two (2) feet high shall be set back five (5) feet from the rear and interior side lot lines and ten (10) feet from the streetside lot line.

D. Garages and carports opening on the street-side lot line of a corner lot shall be set back 20 feet from the street-side lot line.

9.18.140 Off-street parking.

A. Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 9.54.

B. Required parking spaces may not be provided within any front setback area. Parking shall be setback a minimum of ten (10) feet from any side or rear property line except that garages or carports opening onto an alley shall be set back five (5) feet, provided that the structure, including roof overhang, shall not extend into the alley right-of-way.

C. The exterior siding and roofing materials utilized on garages and carports shall match the design and materials of any dwelling on the same lot.

D. No recreation vehicle, including without limitation camping trailer, boat trailer, utility trailer, boat, pickup camper, motor home, dune buggy, or similar vehicle/trailer shall be stored or parked, except within an enclosed side or rear yard or within a garage or carport except if a side or rear yard is not accessible due to existing legal permanent structures.

E. No recreational vehicle or trailer shall be used as a residence/dwelling.

F. All motor vehicles incapable of movement under their own power, other than in cases of emergency, shall be stored in an entirely enclosed space, garage, or carport.

G. Repair of vehicles owned by the resident of the property and storage of parts shall be within an enclosed garage or carport if no garage exists. Vehicle repair and storage of parts are prohibited in a driveway and the front or street-side building setback areas.

9.18.150 Usable open space.

Each lot shall provide for a usable open space area of a minimum of 300 square feet per dwelling unit. Each open space area shall be a minimum of 15 feet wide.

9.18.160 Landscaping.

A. Landscaping shall be provided for each use as prescribed in Chapter 9.52 Landscape Standards.

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B. Except for driveways and approved parking areas, all yard areas and setback areas visible from the street(s) shall be landscaped with live plant materials and ornamentation common to the Avenal area or with artificial turf and other permeable surfaces.

C. Required landscaping is to be installed within six months after occupancy of the residence or apartment and continually maintained pursuant to Chapter 9.52.

D. Landscaped areas are not to be used or converted to parking areas or any other use which results in the damage or removal of the landscaping. However, the widening of an existing paved driveway perpendicular to the street is permitted if the total width of the existing paving and the new paving does not exceed 40 percent of the lot frontage along the street.

9.18.170 Screening, fences, and walls.

Fences, walls, and hedges in the R-2 zone shall conform to the design standards in Section 9.50.110 and the following:

A. Fences and walls for all multi-family housing projects and residential subdivisions over 30 lots are subject to site plan review in compliance with Chapter 9.72 of this title.

B. These regulations do not apply to fences or walls required by regulations of a State or federal agency, or by the City for reasons of public safety, or to retaining walls that adjoin land uses.

C. Fences, walls, and hedges may be erected and properly maintained to the heights identified below and measured from the highest adjoining finish grade:

1. Fences, walls, and hedges shall not exceed four (4) feet in height in a required front yard and in the street-side yard of a corner lot, provided that the top one foot shall be of a seethrough material such as wrought iron. Hedges up to three (3) feet tall are also permitted in a required front yard.

2. Fences and walls shall not exceed seven feet in height in any rear or side yard or other areas outside a required front yard.

3. On corner lots, a fence may not exceed four feet in height in the street corner area of the parcel formed by a right triangle with the right angle at the street corner property lines and its right-angle sides measuring 25 feet. The top foot of the fence shall be of a see-through material (such as wrought iron).

4. Walls along arterial and collector streets shall be installed and maintained equal to a minimum of six feet (6) and a maximum of seven (7) feet in height.

5. Walls greater than seven feet in height may be permitted, if approved by the Planning Commission, to mitigate noise impacts identified in the General Plan.

D. Allowable fence materials. All fences constructed or installed within Avenal shall be limited to the following materials or a combination of materials:

1. Front and street-side yards:
a. Chain link allowed only for single-family homes and duplexes b. Concrete/block
c. Latticework fencing
d. Wood
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e. Wrought iron

2. Rear and interior side yards:
a. Concrete/block
b. Latticework fencing
c. Wood
E. Perimeter walls around residential subdivisions shall be of neutral color and shall be textured with stone, brick, stucco, or other surface finish. Walls shall incorporate vertical elements (e.g., pilasters, indentations) of differing colors and/or materials at least every 50 feet.

F. Walls for residential developments along arterial or collector roadways shall be designed to provide pedestrian access between the arterial or collector to the residential development.

G. Temporary fencing may be necessary to protect archaeological or historic resources and/or trees during site preparation and construction. Temporary fencing for these purposes shall be subject to the review and approval of the Director.

H. Swimming pools shall be entirely enclosed by structures, fences, or walls in compliance with California Government Code Section 115920 - The Swimming Pool Act. a. Pool fences shall have a minimum height of five feet. Such fences shall be substantial and shall be constructed so there are no openings 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. No pool shall be filled with water until the enclosing fence 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.

I. The City reserves the right to remove, at the expense of the owner of the property or properties enclosed by the fence, any fence in a public easement in any emergency.

9.18.180 Signs.

Signs placed in the R-2 zones shall be subject to the requirements and standards prescribed in Chapter 9.56.

9.18.190 General provisions and standards.

The following standards apply to all development occurring within the R-2 zone district and are intended to promote high standards of design.

A. All multiple-family dwellings shall provide one storage area per unit, including a minimum of 50 square feet of area per unit, devoted to secured storage space, exclusive of habitable area.

The space may be located within a garage if parking and driveway access are not encumbered.

B. An on-site manager shall be required for all multiple-family projects of 16 or more dwelling units.

C. Residential developments over 50 units shall be designed with at least two points of access to connect with arterials, collectors, or other neighboring developments.

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D. Building facades shall be designed utilizing varying setbacks, projections, and balconies and by varying the pattern and location of windows and doors on the building face. Requirements include:

1. The primary exterior siding material for buildings shall be wood, stone, brick, stucco, fiber cement, composite wood, or stone.

2. For every 100 feet of building length, there shall be a plane break along the facade comprised of an offset of at least five feet in depth by 25 feet in length. The offset shall extend from grade to the highest story.

3. All sides of a building shall include at least two forms of architectural detailing.

Architectural detailing includes railings, trellises, trim, cornices, or similar architectural elements. One or more accent materials, such as glass, tile, brick, stone, concrete, or plaster, which differs from the primary exterior siding material, shall be incorporated to highlight building features.

4. Windows shall either be recessed at least two inches from the plane of the surrounding exterior wall or shall have a trim or windowsill at least two inches in depth.

5. Individual residential unit entrances shall have either a projected sheltering element or be recessed from the main facade; the projection or recess shall have a minimum depth of 24 inches.

6. Exterior stairways shall be designed as an integral part of the overall structure and shall incorporate materials used in the main building.

7. Rooms such as living rooms and dining rooms shall be oriented fronting toward the street or any adjacent common open space.

8. Where residential units are designed as townhomes or rowhomes, individual units shall be distinguished. This may be accomplished through the use of at least one of the following:
a. Change in wall plane
b. Change in color
c. Change in roof form
E. Parking lots, driveways, and entries should be designed to blend in with the overall project:

1. Parking rows shall be broken up with a landscape island every eight spaces.

2. Project entryways for developments over 30 units shall be delineated and enhanced with the incorporation of at least two of the following:
a. Enhanced paving treatment with patterned and/or colored pavers, brick, or decorative colored and scored concrete a minimum of 12 feet deep and spanning the width of the driveway.
b. A monument sign or place name incorporated into a wall. c. Enhanced landscaping that incorporates features such as arbors, trellises, and hedges. d. An expansion of the landscaped area by a minimum of five feet in depth, spanning a minimum of 10 feet on each side of the driveway or pedestrian entrance.

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3. Parking areas shall be screened from view from adjoining properties and street rights-ofway by means of a solid fence, wall, landscaping, or architectural feature.

F. Extreme care must be taken to ensure that infill multiple-family development in existing neighborhoods is compatible in appearance with existing residences, especially single-family dwellings.

1. Front yard setbacks for infill development shall be the average of those for adjacent properties. If one adjacent property is vacant, then the average shall be calculated using the next adjacent occupied parcel.

2. New infill development that is surrounded by existing residential development shall incorporate distinctive architectural features and maintain the scale and proportions of existing neighborhood dwellings by incorporating at least two of the following features from adjacent properties: building materials, colors, roof pitch and style, porches, similar window or doorway design.

G. A children’s play yard with play equipment shall be required for all multiple-family projects of 30 units or more and must be reviewed and approved by the Director. This condition shall not apply to senior citizen housing.

H. Wherever multiple-family residential uses abut commercial uses, industrial uses, or other undesirable features such as freeways, a solid seven-foot-tall block wall and at least five feet of dense landscaping shall be provided along abutting property lines. The location and orientation of the residential structures shall be placed to minimize any harmful effects created by nearby non-residential uses. Along streets designated as arterial or primary thoroughfares, the Planning Commission may require proposed uses to back up to the roadway.

I. Adequate on-site lighting shall be required for safety and security. All on-site lighting shall be directed away from abutting properties to reduce glare. Adjustment of lighting fixtures may be required after they have been installed.

J. All trash disposal containers shall be surrounded and screened by a solid six-foot-tall (6) fence, wall, or similar architectural feature. The enclosure shall incorporate the same materials and colors as the primary building design.

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City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 62 2024
Chapter 9.20
HIGH DENSITY RESIDENTIAL (R-3) ZONE
Sections:

9.20.010 Purpose and application.

9.20.020 Permitted uses.

9.20.030 Lot area.

9.20.040 Lot dimensions.

9.20.050 Site area per dwelling unit.

9.20.060 Coverage.

9.20.070 Building setback areas.

9.20.080 Distance between structures.

9.20.090 Height of structures.

9.20.100 Driveways.

9.20.110 Accessory structures.

9.20.120 Other setback standards.

9.20.130 Off-street parking.

9.20.140 Usable open space.

9.20.150 Landscaping.

9.20.160 Screening, fences, and walls.

9.20.170 Signs.

9.20.180 General provisions and standards.

9.20.010 Purpose and application.

This chapter shall apply to all land within the High-Density Residential (R-3) zone district. The purpose of the R-3 zone is to encourage a variety of multi-family residential uses in a density range from 15 to 29 dwelling units per gross acre.

9.20.020 Permitted uses.

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 9.08.020.

9.20.030 Lot area.

A. The minimum lot area shall be 6,000 square feet.

B. Existing lots of less than 6,000 square feet may be developed in accordance with the specifications of this section.

9.20.040 Lot dimensions.

A. The minimum lot frontage shall be 40 feet.

B. The minimum lot width shall be 50 feet for interior lots and 60 feet for corner lots.

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9.20.050 Site area per dwelling unit.

The minimum site area per dwelling unit shall be 1,500 square feet of area.

9.20.060 Coverage.

The maximum coverage of a lot shall be determined by the combined building setback area requirements, accessory structure limitations, open space requirements, and off-street parking requirements.

9.20.070 Building setback areas.

A. No structure shall be placed within a building setback area.

B. The front building setback area shall be a minimum of 15 feet from the front lot line for livable building space and 20 feet for garages, carports, and other non-livable building space.

C. The rear building setback area and interior side setback area shall be a minimum of ten (10) feet, except when a three-story or more building is located adjacent to single-family zoned property, the setback area shall be a minimum ten (10) feet plus an additional five (5) feet per story.

D. The side building setback area shall be five feet (5) from an interior side lot line, except when a three-story or more building is located adjacent to single-family zoned property, the setback area shall be a minimum ten (10) feet plus an additional five feet per story.

E. The street-side setback shall be ten (10) feet from a street-side property line. For a reverse corner lot, the street-side setback shall be 1/2 the required front yard setback of the lot to the rear.

9.20.080 Distance between structures.

The minimum distance between structures shall be ten (10) feet, unless a greater distance is required by the building code.

9.20.090 Height of structures.

A. The maximum structure height shall be 50 feet. No portion of a structure that is within 30 feet of an interior property line shall be higher than 25 feet.

B. Buildings over 50 feet may be erected upon approval of a conditional use permit in accordance with Chapter 9.80.

9.20.100 Driveways.

A. The width of a driveway and any paved area shall not cumulatively exceed 40 percent (40%) of the width of the lot’s street frontage on which the driveway and any paved area face. In the case of “L” or “U” shaped driveways or other configurations besides perpendicular driveways, the paved area of these driveways shall not exceed 50 percent (50%) of the front building setback area.

B. Driveways shall be designed so that vehicles are not required to back out onto collector or arterial streets.

C. On corner lots, the driveway shall be located on the side of the lot adjacent to the interior lot line.

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D. On key lots, the driveway shall be located on the side of the lot, which is not adjacent to the rear lot line of the adjacent reverse corner lot.

9.20.110 Accessory structures.

Accessory structures may be located with a required rear or side building setback area subject to all of the following:

A. The floor area shall be a maximum of 300 square feet.

B. The walls shall be at least three (3) feet from the rear and side lot lines.

C. The roof eaves shall be at least two (2) feet from the rear and side lot lines.

D. The accessory structure shall be separated from other structures by a minimum of 10 feet.

E. The plate line height shall be a maximum of 10 feet high.

F. The roof pitch shall be a maximum of 4:12.

G. The roof ridge peak height shall be a maximum of 12 feet.

9.20.120 Other setback standards.

A. Mechanical equipment shall be located a minimum of five (5) feet from a side lot line adjacent to single-family zoned property.

B. Above- or below-ground swimming pools shall be set back five (5) feet from all lot lines.

C. Decks, balconies, and other types of platforms with a floor height over two (2) feet high shall be set back five (5) feet from the rear and interior side lot lines and 10 feet from the street-side lot line.

9.20.130 Off-street parking.

A. Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 9.54.

B. Required parking spaces may not be provided within any front setback area. Parking shall be setback a minimum of 10 feet from any side or rear property line except that garages or carports opening onto an alley shall be set back five feet, provided that the structure, including roof overhang, shall not extend into the alley right-of-way.

C. The exterior siding and roofing materials utilized on garages and carports shall match the design and materials of any dwelling on the same lot.

D. No recreation vehicle, including without limitation camping trailer, boat trailer, utility trailer, boat, pickup camper, motor home, dune buggy, or similar vehicle/trailer shall be stored or parked, except within an enclosed side or rear yard or within a garage or carport except if a side or rear yard is not accessible due to existing legal permanent structures.

E. No recreational vehicle or trailer shall be used as a residence/dwelling.

F. All motor vehicles incapable of movement under their own power, other than in cases of emergency, shall be stored in an entirely enclosed space, garage, or carport.

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9.20.140 Usable open space.

A. Lots with four or fewer dwelling units shall provide for a usable open space area of a minimum of 300 square feet per dwelling unit. The minimum dimension for the open space area shall be 15 feet wide.

B. Lots with five or more dwelling units shall provide for a usable open space area equal to five percent of the lot area. Where multiple lots together make up a single development site, the required open space may be combined into common open space areas that are accessible to all residents of the site. The minimum dimesion for the open space area shall be 15 feet wide.

9.20.150 Landscaping.

A. Landscaping shall be provided for each use as prescribed in Chapter 9.52 Landscape Standards.

B. Except for driveways and approved parking areas, all yard areas and setback areas visible from the street(s) shall be landscaped with live plant materials and ornamentation common to the Avenal area.

C. Required landscaping is to be installed within six months after occupancy of the residence or apartment and continually maintained pursuant to Chapter 9.52.

D. Landscaped areas are not to be used or converted to parking areas or any other use which results in the damage or removal of the landscaping.

9.20.160 Screening, fences, and walls.

Fences, walls, and hedges in the R-3 zone shall conform to the design standards in Section 9.50.110 and the following:

A. Fences and walls for multi-family housing projects and subdivisions over 30 lots are subject to site plan review in compliance with Chapter 9.72 of this title.

B. These regulations do not apply to fences or walls required by regulations of a State or federal agency, or by the City for reasons of public safety, or to retaining walls that adjoin land uses.

C. Fences, walls, and hedges may be erected and properly maintained to the heights identified below and measured from the highest adjoining finish grade:

1. Fences, walls, and hedges shall not exceed four (4) feet in height in a required front yard and in the street-side yard of a corner lot, provided that the top one foot shall be of a seethrough material such as wrought iron. Hedges up to three feet tall are also permitted in a required front yard.

2. Fences and walls shall not exceed seven (7) feet in height in any rear or side yard or other areas outside a required front yard.

3. On corner lots, a fence may not exceed four feet in height in the street corner area of the parcel formed by a right triangle with the right angle at the street corner property lines and its right-angle sides measuring 25 feet. The top foot of the fence shall be of a see-through material (such as wrought iron).

4. Walls along arterial and collector streets shall be installed and maintained equal to a minimum of six (6) feet and a maximum of seven (7) feet in height.

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5. Walls greater than seven feet in height may be permitted, if approved by the Planning Commission, to mitigate noise impacts identified in the General Plan.

D. Allowable fence materials. All fences constructed or installed within Avenal shall be limited to the following materials or a combination of materials:

1. Front and street-side yards:
a. Concrete/block
b. Latticework fencing
c. Wood
d. Wrought iron

2. Rear and interior side yards:
a. Concrete/block
b. Latticework fencing
c. Wood
E. Perimeter walls around residential developments shall be of neutral color and shall be textured with stone, brick, stucco, or other surface finish. A wrought-iron fence is also acceptable. Walls and/or fences shall incorporate vertical elements (e.g., pilasters, indentations) of differing colors and/or materials at least every 50 feet.

F. Walls for residential developments along arterial or collector roadways shall be designed to provide pedestrian access between the arterial or collector to the residential development.

Access points shall be provided no more than 200 feet apart.

G. Temporary fencing may be necessary to protect archaeological or historic resources and/or trees during site preparation and construction. Temporary fencing for these purposes shall be subject to the review and approval of the Director.

H. Swimming pools shall be entirely enclosed by structures, fences, or walls in compliance with California Government Code Section 115920 - The Swimming Pool Act.

1. Pool fences shall have a minimum height of five feet. Such fences shall be substantial and shall be constructed so there are no openings 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. No pool shall be filled with water until the enclosing fence 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.

I. The City reserves the right to remove, at the expense of the owner of the property or properties enclosed by the fence, any fence in a public easement in any emergency.

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9.20.170 Signs.

Signs placed in the R-3 zone shall be subject to the requirements and standards prescribed in Chapter 9.56.

9.20.180 General provisions and standards.

The following standards apply to all development occurring within the R-3 zone district and are intended to promote high standards of design.

A. All multiple-family dwellings shall provide one storage area per unit, including a minimum of 50 square feet of area per unit, devoted to secured storage space, exclusive of habitable area.

The space may be located within a garage if parking and driveway access are not encumbered.

B. An on-site manager shall be required for all multiple-family projects of 16 or more dwelling units.

C. Residential developments over 50 units shall be designed with at least two points of access to connect with arterials, collectors, or other neighboring developments.

D. Building facades shall be designed utilizing varying setbacks, projections, and balconies and by varying the pattern and location of windows and doors on the building face. Requirements include:

1. The primary exterior siding material for buildings shall be wood, stone, brick, stucco, fiber cement, composite wood, or stone.

2. For every 100 feet of building length, there shall be a plane break along the facade comprised of an offset of at least five feet in depth by 25 feet in length. The offset shall extend from grade to the highest story.

3. All sides of a building shall include at least two forms of architectural detailing.

Architectural detailing includes railings, trellises, trim, cornices, or similar architectural elements. One or more accent materials, such as glass, tile, brick, stone, concrete, or plaster, which differs from the primary exterior siding material, shall be incorporated to highlight building features.

4. Windows shall either be recessed at least two inches from the plane of the surrounding exterior wall or shall have a trim or windowsill at least two inches in depth.

5. Individual residential unit entrances shall have either a projected sheltering element or be recessed from the main facade; the projection or recess shall have a minimum depth of 24 inches.

6. Exterior stairways shall be designed as an integral part of the overall structure and shall incorporate materials used in the main building.

7. Rooms such as living rooms and dining rooms shall be oriented fronting toward the street or any adjacent common open space.

8. Where residential units are designed as townhomes or rowhomes, individual units shall be distinguished. This may be accomplished through the use of at least one of the following:
a. Change in wall plane
b. Change in color
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c. Change in roof form
E. Parking lots, driveways, and entries should be designed to blend in with the overall project:

1. Parking rows shall be broken up with a landscape island every eight spaces.

2. Project entryways for developments over 30 units shall be delineated and enhanced with the incorporation of at least two of the following:
a. Enhanced paving treatment with patterned and/or colored pavers, brick, or decorative colored and scored concrete a minimum of 12 feet deep and spanning the width of the driveway.
b. A monument sign or place name incorporated into a wall. c. Enhanced landscaping that incorporates features such as arbors, trellises, and hedges. d. An expansion of the landscaped area by a minimum of five feet in depth, spanning a minimum of 10 feet on each side of the driveway or pedestrian entrance.

3. Parking areas shall be screened from view from adjoining properties and street rights-ofway by means of a solid fence, wall, landscaping, or architectural feature.

F. Extreme care must be taken to ensure that infill multiple-family development in existing neighborhoods is compatible in appearance with existing residences, especially single-family dwellings.

1. Front yard setbacks for infill development shall be the average of those for adjacent properties. If one adjacent property is vacant, then the average shall be calculated using the next adjacent occupied parcel.

2. New infill development that is surrounded by existing residential development shall incorporate distinctive architectural features and maintain the scale and proportions of existing neighborhood dwellings by incorporating at least two of the following features from adjacent properties: building materials, colors, roof pitch and style, porches, similar window or doorway design.

G. A children’s play yard with play equipment with a minimum area of 120 square feet shall be required for all multiple-family projects of 30 units or more and must be reviewed and approved by the Director. This condition shall not apply to senior citizen housing.

H. Wherever multiple-family residential uses abut commercial uses, industrial uses, or other undesirable features such as freeways, a solid seven-foot-tall block wall and at least five feet of dense landscaping shall be provided along abutting property lines. The location and orientation of the residential structures shall be placed to minimize any harmful effects created by nearby non-residential uses. Along streets designated as arterial or primary thoroughfares, the Planning Commission may require proposed uses to back up to the roadway.

I. Adequate on-site lighting shall be required for safety and security. All on-site lighting shall be directed away from abutting properties to reduce glare. Adjustment of lighting fixtures may be required after they have been installed.

J. All trash disposal containers shall be surrounded and screened by a solid six-foot-tall fence, wall, or similar architectural feature. The enclosure shall incorporate the same materials and colors as the primary building design.

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Chapter 9.22

COMMUNITY COMMERCIAL (C-C) ZONE
Sections:

9.22.010 Purpose and application.

9.22.020 Permitted uses.

9.22.030 Site area.

9.22.040 Lot dimensions.

9.22.050 Coverage.

9.22.060 Building setback areas.

9.22.070 Distance between structures.

9.22.080 Height of structures.

9.22.090 Driveways.

9.22.100 Off-street parking.

9.22.110 Usable open space.

9.22.120 Landscaping.

9.22.130 Screening, fences, and walls.

9.22.140 Signs.

9.22.150 General provisions and standards.

9.22.010 Purpose and application.

This chapter shall apply to all land within the Community Commercial (C-C) zone district. The purpose of the C-C zone is to provide sites for a wide range of commercial and office uses that are diverse, visually pleasing, convenient in terms of parking and access, attractive, and used by citizens of Avenal as well as visitors to the area. This zone allows larger shopping centers and districts serving regional visitors that provide a wide range of goods. Typical uses include convenience or specialty food stores, grocery stores, restaurants, retail shops, and non-retail services such as banks, salons, and offices.

9.22.020 Permitted uses.

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 9.08.030.

9.22.030 Site area.

A. The minimum site area shall be 6,000 square feet. The site area may be divided into multiple separate lots of less than 6,000 square feet each if a reciprocal use agreement for shared street access and parking is recorded in conjunction with the subdivision of the lots.

B. Existing sites of less than 6,000 square feet may be developed in accordance with the specifications of this section.

9.22.040 Lot dimensions.

The minimum lot frontage shall be 40 feet unless a reciprocal use agreement for shared access and parking is recorded.

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9.22.050 Coverage.

The maximum coverage of a lot shall be 70 percent.

9.22.060 Building setback areas.

A. No structure shall be placed within a building setback area.

B. The front building setback area shall be a minimum of 15 feet from the front lot line.

C. The rear building setback shall be a minimum of 15 feet.

D. The interior side building setback area shall be a minimum of five (5) feet.

E. The street-side building setback area shall be a minimum of 10 feet.

9.22.070 Distance between structures.

There is no minimum distance between structures required unless required by the building code, except that residential and non-residential structures shall be a minimum of 10 feet apart.

9.22.080 Height of structures.

A. The maximum structure height shall be 35 feet.

B. Structures up to 65 feet may be erected upon approval of a conditional use permit in accordance with Chapter 9.80.

9.22.090 Driveways.

A. Wherever possible, developments shall share driveways to minimize the number of access points on public streets.

B. New driveways near street corners shall be located a minimum of 100 feet from the radius curve of the curb unless otherwise specifically approved by the City Engineer.

9.22.100 Off-street parking.

Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 9.54.

9.22.110 Usable open space.

There is no minimum requirement for usable open space.

9.22.120 Landscaping.

A. Landscaping shall be provided for each use as prescribed in Chapter 9.52 Landscape Standards.

B. Landscaping shall be provided and permanently maintained in a buffer area not less than 15 feet from a lot line adjoining a street, except where the buffer area is covered by structures, parking areas, or driveways.

C. Required landscaping shall be installed prior to final occupancy and continually maintained pursuant to Chapter 9.52.

9.22.130 Screening, fences, and walls.

A. The fences in the C-C zone shall conform to the design standards provided in Section 9.50.110.

B. Fences, walls, and hedges in the C-C zone shall conform to the following standards:

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1. A seven-foot solid masonry wall shall be required along any side or rear property line abutting the residential zone district, except in required front and corner side yards where the maximum height shall be three feet. On a reversed corner lot where the district boundary line is adjacent to a front yard of a neighboring property, the required wall shall be reduced in height to four feet within 15 feet of a street property line.

2. The Director may allow fence and wall heights to be increased to mitigate noise problems documented by a noise study.

3. The outdoor storage of materials and equipment attendant to a use shall be permitted only within an area surrounded or screened with a six-foot solid fence, wall, or chain-link fence with slats and landscaping, except as may be modified under site plan review. Such storage shall not be visible above the fence or wall.

4. Traffic safety sight area: on the corner lots, no fence, wall, hedge, sign or building, shrubbery, mounds of earth, or other visual obstruction over 36 inches in height above the nearest street curb elevation shall be erected, placed, planted, or allowed to grow within the traffic safety sign area. The foregoing provision shall not apply to public utility poles; trees trimmed (to the trunk) to a line at least six feet above the level of the intersection; saplings or plant species of open growth habits and not planted in the form of a hedge, which are so planted and trimmed as to leave at all seasons a clear and unobstructed cross view; supporting members of appurtenances to permanent buildings existing on the date of this title becomes effective; official warning signs or signals; freestanding pole signs where the post does not exceed 12 inches in diameter and the bottom of the signboard is at least six feet above the level of the intersection.

9.22.140 Signs.

Signs placed in the C-C zone shall be subject to the requirements and standards prescribed in Chapter 9.56.

9.22.150 General provisions and standards.

A. All businesses, services, and processes shall be conducted entirely within a completely enclosed, permanently fixed structure, except where specifically permitted by this title.

B. Mechanical equipment shall be located a minimum of 15 feet from a rear or side lot line that abuts a residential zone district unless there is a parapet wall that shields the mechanical equipment.

C. New development shall be required to install public infrastructure necessary to adequately serve the project, based on requirements of the City Engineer, including sewer, water, storm drainage lines, curbs, gutters and sidewalks, street paving, street lighting, and trash enclosure.

These improvements shall be constructed consistent with requirements shown in the City of Avenal Standard Specifications and Drawings and shall be installed prior to occupancy of any structures on the site.

D. Structures and the use of structures or land shall be subject to the requirements and standards prescribed in Chapter 9.50.

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9.24.160 Skyline Commercial Corridor.

In addition to the standard for Commerical Commerical contained herein, any commerical zone district with frontage adjacent to Skyline Boulevard shall be required to comply with the following standards:

A. Fencing.
i. All fencing must be wrought iron and comply with the height and visibility requirements outlined in 9.50.110.
ii. All fencing is required to be locked outside of standard business hours to prevent at-will public entry.

1. Lockbox access shall be required so law enforcement, fire department, and any other applicable emergency response personnel can access the site at any time as necessary.

2. Uses that propose storage, either as a primary or ancillary use, must provide a solid, colored, masonry or brick block wall to screen vehicles from the public right-of-way; otherwise such storage must occur in a fully enclosed structure.

B. Auto Sales.
i. Vehicles offered for sale must be on a fully paved, permanent foundation with concrete or asphalt.

C. Landscaping.
i. A landscape buffer of a minimum 10 feet shall be provided on any and all sides of the property adjacent to the public right of way.
ii. Drought tolerant plantings consistent with Chapter 9.52 Landscape Standards shall be required.

E.

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Chapter 9.24

DOWNTOWN COMMERCIAL (C-D) ZONE
Sections:

9.24.010 Purpose and application.

9.24.020 Permitted uses.

9.24.030 Site area.

9.24.040 Lot dimensions.

9.24.050 Coverage.

9.24.060 Building setback areas.

9.24.070 Distance between structures.

9.24.080 Height of structures.

9.24.090 Driveways.

9.24.100 Off-street parking.

9.24.110 Usable open space.

9.24.120 Landscaping.

9.24.130 Screening, fences, and walls.

9.24.140 Signs.

9.24.150 General provisions and standards.

9.24.010 Purpose and application.

This chapter shall apply to all land within the Downtown Commercial (C-D) zone distrcit. The purpose of the C-D zone is to provide street-front retail shops, offices, entertainment, and public uses that serve residents and visitors within the downtown area. Typical uses include banks, salons, health and fitness clubs, art galleries and museums, specialty food stores, nightclubs and restaurants, bed and breakfasts/hotels/motels, movie theaters, as well as small community centers and parks. The Downtown Commercial zone is intended to implement the Downtown Specific Plan, preserve and enhance older architectural styles, provide an increased variety and density of development, promote pedestrian enjoyment and pedestrian uses where feasible, and discourage the development of uses and building designs that could erode the special character of the downtown area. The zone emphasizes the development of businesses that generate and cater to pedestrian shopping in buildings that are located at the sidewalk’s edge.

9.24.020 Permitted uses.

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 9.08.030.

9.24.030 Site area.

There is no minimum site area.

9.24.040 Lot dimensions.

There are no minimum lot dimensions.

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9.24.050 Coverage.

There is no maximum building coverage.

9.24.060 Building setback areas.

There shall be no required building setbacks.

9.24.070 Distance between structures.

There is no minimum distance between structures required, except that all building code requirements shall be met.

9.24.080 Height of structures.

A. The maximum structure height shall be 35 feet.

B. Structures up to 65 feet may be erected upon approval of a conditional use permit in accordance with Chapter 9.80.

9.24.090 Driveways.

A. Wherever possible, developments shall share driveways to minimize the number of driveways on public streets.

B. New driveways near street corners shall be located a minimum of 100 feet from the radius curve of the curb unless otherwise specifically approved by the City Engineer.

C. Sites with alleys should utilize alley access to minimize driveways on streets to the greatest extent possible.

9.24.100 Off-street parking.

A. Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 9.54.

B. Parking areas shall not be closer than five feet to any front or street-side lot line. The area between the lot line and the parking area shall be landscaped.

C. New parking areas should be located behind or to the side of buildings, not between buildings and the street. Refer to Chapter 9.52 for Landscape Standards for parking areas.

D. The Community Development Director or the Planning Commission may waive or reduce parking requirements where a documented hardship not involving economics exists, where there are unusual circumstances that prevent compliance with any required development standards, or when there is not a demonstrated need for all of the parking required by this Ordinance. A reduction of four parking stalls or less shall be processed as a Minor Deviation.

A reduction of five or more parking stalls shall be processed as a Variance in accordance with Chapter 9.82.

9.24.110 Usable open space.

There is no minimum requirement for usable open space.

9.24.120 Landscaping.

A. Landscaping shall be provided for each use as prescribed in Chapter 9.52 Landscape Standards.

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B. Landscaping shall be provided and permanently maintained in a buffer area not less than 10 feet from a lot line adjoining a street, except where the buffer area is covered by structures, parking areas, or driveways.

C. Required landscaping shall be installed prior to final occupancy and continually maintained pursuant to Chapter 9.52.

9.24.130 Screening, fences, and walls.

Fences, walls, and hedges in the C-D zone shall conform to the design standards provided in Section 9.50.110 and to the following standards:

A. Fences, walls, and hedges may be erected and properly maintained to the heights identified below and measured from the highest adjoining finish grade:

1. Fences, walls, and hedges shall not exceed three (3) feet in height area unless otherwise specifically required by this title.

B. Allowable fence materials. All fences, constructed or installed within Avenal shall be limited to the following materials or a combination of materials:

1. Front and street-side yards:
b. Concrete/block
c. Latticework fencing
d. Wood
e. Wrought iron

2. Rear and interior side yards:
a. Concrete/block
b. Latticework fencing
c. Wood
C. Temporary fencing. Temporary fencing may be necessary to protect archaeological or historic resources and/or trees during site preparation and construction. Temporary fencing for these purposes shall be subject to the review and approval of the Director.

D. The City reserves the right to remove, at the expense of the owner of the property or properties enclosed by the fence, any fence in a public easement in any emergency.

9.24.140 Signs.

Signs placed in the C-D zone shall be subject to the requirements and standards prescribed in Chapter 9.56.

9.24.150 General provisions and standards.

A. All businesses, services, and processes shall be conducted entirely within a completely enclosed, permanently fixed structure, except where specifically permitted by this title.

B. Mechanical equipment shall be located a minimum of 10 feet from a rear or side lot line that abuts a residential use or residentially zoned parcel unless there is a parapet wall that shields the mechanical equipment.

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C. New development shall be required to install public infrastructure necessary to adequately serve the project, based on requirements of the City Engineer, including sewer, water, storm drainage lines, curbs, gutters and sidewalks, street paving, street lighting, and trash enclosure.

These improvements shall be constructed consistent with requirements shown in the City of Avenal Standard Specifications and Drawings and shall be installed prior to occupancy of any structures on the site.

D. Structures and the use of structures or land shall be subject to the requirements and standards prescribed in Chapter 9.50.

9.24.160 Skyline Commercial Corridor.

In addition to the standard for Downtown Commerical contrined herein, any commerical zone district with frontage adjacent to Skyline Boulevard shall be required to comply with the following standards:

A. Fencing.
i. All fencing is must be wrought iron an comply with the height and visibility requirements outlined in 9.50.110.
ii. All fencing is required to be locked outside of standard business hours to prevent at-will public entry.

1. Lockbox access shall be required so law enforcement, fire department, and any other applicable emergency response personnel can access the site at any time as necessary.

2. Uses that propose storage, either as a primary or ancillary use, must provide a solid, colored, masonry or brick block wall to screen vehcles from the public right-of-way; otherwise such storage must occur in a fully enclosed structure.

B. Auto Sales.
i. Vehicles offered for sale must be on a fully paved, permanent foundation with concrete or asphalt.

C. Landscaping.
i. A landscape buffer of a minimum 10 feet shall be provided on any and all sides of the property adjacent to the public right of way.
ii. Drought tolerant plantings consistent with Chapter 9.52 Landscape Standards shall be required.

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Chapter 9.26

HIGHWAY COMMERCIAL (C-H) ZONE
Sections:

9.26.010 Purpose and application.

9.26.020 Permitted uses.

9.26.030 Site area.

9.26.040 Lot dimensions.

9.26.050 Coverage.

9.26.060 Building setback areas.

9.26.070 Distance between structures.

9.26.080 Height of structures.

9.26.090 Driveways.

9.26.100 Off-street parking.

9.26.110 Usable open space.

9.26.120 Landscaping.

9.26.130 Screening, fences, and walls.

9.26.140 Signs.

9.26.150 General provisions and standards.

9.26.010 Purpose and application.

This chapter shall apply to all land within the Highway Commercial (C-H) zone district. The Highway Commercial designation applies to the area located adjacent to Interstate 5 and is intended to provide convenience, entertainment, and hospitality uses that serve tourists and other travelers arriving by car. Typical uses include convenience stores, restaurants (e.g., drive-in and drive-through fast food, sit-down), hotels and motels, gift and outlet stores, fuel stations, parking, and rest areas.

9.26.020 Permitted uses.

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 9.08.030.

9.26.030 Site area.

The minimum site area shall be 7,500 square feet.

9.26.040 Lot dimensions.

The minimum lot frontage shall be 40 feet unless a reciprocal use agreement for shared access and parking is recorded.

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9.26.050 Coverage.

The maximum coverage of a lot shall be 80 (80%) percent.

9.26.060 Building setback areas.

A. No structure shall be placed within a building setback area. d. The front building setback area shall be a minimum of 25 feet from the front lot line except as modified by (F.).
e. The rear building setback shall be a minimum of 15 feet. f. The interior side building setback area shall be a minimum of five (5) feet. g. The street-side building setback area shall be a minimum of 10 feet except as modified by (F.). h. The minimum setback shall be 55 feet from the legal centerline of any existing or proposed local street or minor collector, 70 feet from the legal centerline of any existing or proposed secondary highway or major collector street, or 80 feet from the legal centerline of any existing or proposed primary highway or arterial street.

9.26.070 Distance between structures.

A. There is no minimum distance between commercial and accessory structures required, except that all building code requirements shall be met.

B. There shall be a minimum of 20 feet between residential and non-residential structures.

9.26.080 Height of structures.

A. The maximum structure height shall be 35 feet.

B. Structures up to 65 feet may be erected upon approval of a conditional use permit in accordance with Chapter 9.80.

9.26.090 Driveways.

A. Wherever possible, developments shall share driveways to minimize the number of access points on public streets.
i. New driveways near street corners shall be located a minimum of 150 feet from the radius curve of the curb unless otherwise specifically approved by the City Engineer.

9.26.100 Off-street parking.

A. Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 9.54.

9.26.110 Usable open space.

New developments over one acre in size shall provide a common outdoor, shaded sitting area for use by customers. The size of the shaded sitting area shall be a minimum of 250 square feet per acre of site area.

9.26.120 Landscaping.

A. Landscaping shall be provided for each use as prescribed in Chapter 9.52 Landscape Standards.

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j. Landscaping shall be provided and permanently maintained in a buffer area not less than 15 feet from a lot line adjoining a street, except where the buffer area is covered by structures, parking areas, or driveways.
k. Required landscaping shall be installed prior to final occupancy and continually maintained pursuant to Chapter 9.52.

9.26.130 Screening, fences, and walls.

A. The fences in the C-H zone shall conform to the design standards provided in Section 9.50.110.

B. These regulations do not apply to fences or walls required by regulations of a State or federal agency, or by the City for reasons of public safety, or to retaining walls that adjoin land uses.

C. Fences, walls, and hedges may be erected and properly maintained to the heights identified below and measured from the highest adjoining finish grade:

1. Fences, walls, and hedges shall not exceed three feet in height in the front yard area unless otherwise specifically required by this title.

2. Where a commercially-zoned site adjoins a site that is residentially zoned, a seven-foottall solid wall and a 10 foot landscape buffer shall separate the commercial development from the adjoining residential district.

D. Walls along arterial and collector streets. If a wall is required, or if the developer of a site located along either an arterial or collector street chooses to install a wall, the wall shall be installed and maintained equal to a minimum of six feet and a maximum of seven feet in height.

E. Allowable fence materials. All fences constructed or installed within Avenal shall be limited to the following materials or a combination of materials:

1. Front and street-side yards:
a. Concrete/block
b. Latticework fencing
c. Wood
d. Wrought iron

2. Rear and interior side yards:
a. Concrete/block
b. Latticework fencing
c. Wood
F. Temporary fencing. Temporary fencing may be necessary to protect archaeological or historic resources and/or trees during site preparation and construction. Temporary fencing for these purposes shall be subject to the review and approval of the Director.

G. The City reserves the right to remove, at the expense of the owner of the property or properties enclosed by the fence, any fence in a public easement in any emergency.

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9.26.140 Signs.

Signs placed in the C-H zone shall be subject to the requirements and standards prescribed in Chapter 9.56.

9.26.150 General provisions and standards.

A. All businesses, services, and processes shall be conducted entirely within a completely enclosed, permanently fixed structure, except where specifically permitted by this title. e. Mechanical equipment shall be located a minimum of 15 feet from a rear or side lot line that abuts a residential zone district unless there is a parapet wall that shields the mechanical equipment.
f. New development shall be required to install public infrastructure necessary to adequately serve the project, based on requirements of the City Engineer, including sewer, water, storm drainage lines, curbs, gutters and sidewalks, street paving, street lighting, and trash enclosure.

These improvements shall be constructed consistent with requirements shown in the City of Avenal Standard Specifications and Drawings and shall be installed prior to occupancy of any structures on the site.
g. Structures and the use of structures or land shall be subject to the requirements and standards prescribed in Chapter 9.50.

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Chapter 9.28

SERVICE COMMERCIAL (C-S) ZONE
Sections:

9.28.010 Purpose and application.

9.28.020 Permitted uses.

9.28.030 Site area.

9.28.040 Lot dimensions.

9.28.050 Coverage.

9.28.060 Building setback areas.

9.28.070 Distance between structures.

9.28.080 Height of structures.

9.28.090 Driveways.

9.28.100 Off-street parking.

9.28.110 Usable open space.

9.28.120 Landscaping.

9.28.130 Screening, fences, and walls.

9.28.140 Signs.

9.28.150 General provisions and standards.

9.28.010 Purpose and application.

This chapter shall apply to all land within the Service Commercial (C-S) zone. The C-S zone is intended to accommodate a variety of retail, office, warehousing/storage, and small manufacturing facilities that provide citywide and regional services. Typical uses include banks, small convenience stores, restaurants, medical offices and clinics, retail and repair shops, as well as light manufacturing and assembly uses and transportation and telecommunications-related facilities.

9.28.020 Permitted uses.

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 9.08.030.

9.28.030 Site area.

A. The minimum site area for new lots that are created by subdivision map or parcel map shall be 6,000 square feet unless a smaller site is approved with a conditional use permit in accordance with Chapter 9.80.
h. Existing sites of less than 6,000 square feet may be developed in accordance with the specifications of this section.

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9.28.040 Lot dimensions.

The minimum lot frontage shall be 40 feet unless a reciprocal use agreement for shared access and parking is recorded.

9.28.050 Coverage.

The maximum coverage of a lot shall be 80 percent.

9.28.060 Building setback areas.

A. No structure shall be placed within a building setback area. i. The minimum front building setback shall be 10 feet. j. There shall be no required rear building setback, except where a parcel abuts a residential zone district, then the minimum rear building setback shall be 10 feet. k. There shall be no required interior side building setback, except where the parcel abuts a residential zone district, then the minimum side building setback area shall be 10 feet. l. The minimum street-side building setback shall be 10 feet.

9.28.070 Distance between structures.

There is no minimum distance between structures required, except that all building code requirements shall be met.

9.28.080 Height of structures.

A. The maximum structure height shall be 35 feet.

B. Structures up to 65 feet may be erected upon approval of a conditional use permit in accordance with Chapter 9.80.

9.28.090 Driveways.

A. Wherever possible developments shall share driveways to minimize the number of driveways on public streets.
m. New driveways near street corners shall be located a minimum of 150 feet from the radius curve of the curb unless otherwise specifically approved by the City Engineer. n. Sites with alleys should utilize alley access to minimize driveways on streets to the greatest extent possible.

9.28.100 Off-street parking.

Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 9.54.

9.28.110 Usable open space.

There is no minimum requirement for usable open space.

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9.28.120 Landscaping.

A. Landscaping shall be provided for each use as prescribed in Chapter 9.52 Landscape Standards. o. Landscaping shall be provided and permanently maintained in a buffer area not less than 10 feet from a lot line adjoining a street, except where the buffer area is covered by structures, parking areas, or driveways.
p. Required landscaping is to be installed prior to occupancy and continually maintained pursuant to Chapter 9.52.

9.28.130 Screening, fences, and walls.

A. Fences in the C-S zone shall conform to the design standards provided in Sections 9.50.110 and 9.50.120.
q. These regulations do not apply to fences or walls required by regulations of a State or federal agency, or by the City for reasons of public safety, or to retaining walls that adjoin land uses. r. Fences, walls, and hedges may be erected and properly maintained to the heights identified below and measured from the highest adjoining finish grade:

1. Fences, walls, and hedges shall not exceed three feet in height in the front yard area unless otherwise specifically required by this title.

2. Where a commercially-zoned site adjoins a site that is residentially zoned, a seven (7) - foot-tall solid wall and a 10-foot landscape buffer shall separate the commercial development from the adjoining residential district.
s. Walls along arterial and collector streets. If a wall is required, or if the developer of a site located along either an arterial or collector street chooses to install a wall, the wall shall be installed and maintained equal to a minimum of six feet and a maximum of seven feet in height. t. Allowable fence materials. All fences constructed or installed within Avenal shall be limited to the following materials or a combination of materials:

1. Front and street-side yards:
a.
b. Concrete/block
c. Latticework fencing
d. Wood
e. Wrought iron

2. Rear and interior side yards:
a. Concrete/block
b. Latticework fencing
c. Wood
u. Temporary fencing may be necessary to protect archaeological or historic resources and/or trees during site preparation and construction. Temporary fencing for these purposes shall be subject to the review and approval of the Director.

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v. The City reserves the right to remove, at the expense of the owner of the property or properties enclosed by the fence, any fence in a public easement in any emergency.

9.28.140 Signs.

Signs placed in the C-S zone shall be subject to the requirements and standards prescribed in Chapter 9.56.

9.28.150 General provisions and standards.

A. All businesses, services, and processes shall be conducted entirely within a completely enclosed, permanently fixed structure, except where specifically permitted by this title. w. Mechanical equipment shall be located a minimum of 15 feet from a rear or side lot line that abuts a residential zone district unless there is a parapet wall that shields the mechanical equipment.
x. New development shall be required to install public infrastructure necessary to adequately serve the project, based on requirements of the City Engineer, including sewer, water, storm drainage lines, curbs, gutters and sidewalks, street paving, street lighting, and trash enclosure.

These improvements shall be constructed consistent with requirements shown in the City of Avenal Standard Specification Drawings and shall be installed prior to occupancy of any structures on the site.
y. Structures and the use of structures or land shall be subject to the requirements and standards prescribed in Chapter 9.50.

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Chapter 9.30
LIGHT INDUSTRIAL (M-1) ZONE
Sections:

9.30.010 Purpose and application.

9.30.020 Permitted uses.

9.30.030 Site area.

9.30.040 Lot dimensions.

9.30.050 Coverage.

9.30.060 Building setback areas.

9.30.070 Distance between structures.

9.30.080 Height of structures.

9.30.090 Driveways.

9.30.100 Off-street parking.

9.30.110 Usable open space.

9.30.120 Landscaping.

9.30.130 Screening, fences, and walls.

9.30.140 Signs.

9.30.150 General provisions and standards.

9.30.010 Purpose and application.

This chapter shall apply to all land within the Light Industrial (M-1) zone district. The purpose of the M-1 zone is to reserve appropriately located areas for various types of processing, assembly, storage, and manufacturing uses and related activities; protect such areas from intrusion by residential or inharmonious commercial uses; regulate and control hazardous or objectionable influences incidental to certain industrial uses; and provide areas with adequate space, access and separation from residential, commercial and public uses to promote modern industrial development. The M-1 zone is intended for uses such as fabricating, assembly, research and development, electronics assembly, warehousing, and other similar uses that do not involve the manufacturing of finished productsfrom raw materials. All work, materials, and equipment storage is generally conducted indoors so that noise, dust, fumes, odors, smoke, or gas will not be emitted beyond the confines of the building.

9.30.020 Permitted uses.

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 9.08.030.

9.30.030 Site area.

There is no minimum site area.

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9.30.040 Lot dimensions.

The minimum lot frontage shall be 40 feet, except that where there is a recorded reciprocal use agreement for shared common access and parking areas, no minimum frontage is required.

9.30.050 Coverage.

The maximum building coverage of a lot shall be 75 percent.

9.30.060 Building setback areas.

A. No structure shall be placed within a building setback area. z. The front building setback area shall be a minimum of 25 feet, except as modified by (F.).

C. The rear building setback area shall be a minimum of 15 feet from the rear lot lines.

D. There is no interior side building setback.

E. There is no street-side building setback, except as modified by (F.).

F. The minimum setback shall be 55 feet from the legal centerline of any existing or proposed local street or minor collector, 70 feet from the legal centerline of any existing or proposed secondary highway or major collector street, or 80 feet from the legal centerline of any existing or proposed primary highway or arterial street.

9.30.070 Distance between structures.

There is no minimum distance between structures required, except that all building code requirements shall be met.

9.30.080 Height of structures.

The maximum structure height shall be 75 feet. If the structure is adjacent to existing or zoned residential uses, the maximum height shall be 50 feet.

9.30.090 Driveways.

A. Wherever possible, developments shall share driveways to minimize the number of driveways on public streets.
aa. New driveways near street corners shall be located a minimum of 150 feet from the radius curve of the curb unless otherwise specifically approved by the City Engineer. bb. Gated entrances shall be set back at least 100 feet from the public right-of-way unless a shorter distance is approved by the City Engineer.

9.30.100 Off-street parking.

Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 9.54.

9.30.110 Usable open space.

There is no minimum requirement for usable open space.

9.30.120 Landscaping.

A. Landscaping shall be provided for each use as prescribed in Chapter 9.52 Landscape Standards.

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cc. Landscaping shall be provided and permanently maintained in a 25-foot front setback area as well as along any street-side lot line adjacent to the ultimate right-of-way of State Highway 269 or State Highway 33, except where the setback area is covered by parking areas or driveways.
dd. Where industrial zoning abuts a residentially zoned property, a 10-foot-wide landscape easement shall be maintained between the parcels.
ee. Required landscaping is to be installed prior to occupancy and continually maintained pursuant to Chapter 9.52.

9.30.130 Screening, fences, and walls.

A. Fences and walls in the M-1 zone shall conform to the design standards provided in Section

9.50.110.

B. Fences, walls, and hedges in the M-1 zone shall conform to the following standards:

1. Where an industrially-zoned site adjoins a site that is residentially zoned, a minimum seven-foot-tall solid wall and a 10 foot landscape buffer shall separate the industrial development from the adjoining residential district. The Director may allow fence and wall heights to be increased in order to mitigate noise problems documented by a noise study.

2. No fence or wall shall be placed in front of or within any landscaped area located next to a street.

3. The open storage of materials and equipment attendant to a use shall be permitted only within an area surrounded or screened from view with a seven-foot-tall solid wall or fence, except as may be modified under the site plan review. Such storage shall not be visible above the fence or wall.

4. Razor wire, electrified fencing, and similar security devices are only allowed on a permanent basis in the M-1 zone district with approval by the Director, provided that it is not located adjacent to a residence or residential district, subject to the design guidelines set forth in Chapter 9.50.

9.30.140 Signs.

Signs placed in the M-1 zone shall be subject to the requirements and standards prescribed in Chapter 9.56.

9.30.150 General provisions and standards.

A. Mechanical equipment shall be located a minimum of 20 feet from a rear or side lot line that abuts a residentially zoned property, except that where there is a parapet wall that shields the mechanical equipment, no minimum distance is required.
ff. All open and non-landscaped portions of any lot shall be maintained in good condition free from weeds, dust, trash, and debris.
gg. New development may be required to install public infrastructure necessary to adequately serve the project, based on requirements of the City Engineer, including sewer, water and storm drainage lines, curbs, gutters and sidewalks, street paving, street lighting, and trash enclosures.

These improvements shall be constructed consistent with requirements shown in the City of October 10, 2024 Pg. 146
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Avenal Standard Specifications and Drawings and shall be installed prior to occupancy of any structures on the site.
hh. No use shall be permitted and no process, equipment, or material shall be employed that is found by the City to be injurious to persons residing or working in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt, refuse, noise, vibrations, illumination, glare or heavy truck traffic, or to involve any hazard of fire, explosion, hazardous or toxic waste, or radioactivity or to emit electrical disturbances which adversely affect commercial or electronic equipment outside the boundaries of the site.
ii. No solid or liquid waste shall be discharged into a natural watercourse, nor into a public or private sewage disposal system except in compliance with the applicable regulations of the Central Valley Regional Water Quality Control Board and city ordinances and policies. jj. Structures and the use of structures or land shall be subject to the requirements and standards prescribed in Chapter 9.50.

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Chapter 9.32
HEAVY INDUSTRIAL (M-2) ZONE
Sections:

9.32.010 Purpose and application.

9.32.020 Permitted uses.

9.32.030 Site area.

9.32.040 Lot dimensions.

9.32.050 Coverage.

9.32.060 Building setback areas.

9.32.070 Distance between structures.

9.32.080 Height of structures.

9.32.090 Driveways.

9.32.100 Off-street parking.

9.32.110 Usable open space.

9.32.120 Landscaping.

9.32.130 Screening, fences, and walls.

9.32.140 Signs.

9.32.150 General provisions and standards.

9.32.010 Purpose and application.

This chapter shall apply to all land within the Heavy Industrial (M-2) zone district. The purpose of the M-2 zone is to provide locations for heavy industrial uses unsuited to other locations in the community; protect industrial areas from the intrusion of incompatible types of land uses; adhere to performance standards provided for the protection of Avenal residents and the environment, and to provide industrial employment opportunities for residents of Avenal. Typical uses include machine or raw materials manufacturing and assembly, food processing and recycling facilities, as well as mineral exploration.

9.32.020 Permitted uses.

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 9.08.030.

9.32.030 Site area.

There is no minimum site area.

9.32.040 Lot dimensions.

The minimum lot frontage shall be 80 feet, except that where there is a recorded reciprocal use agreement for shared common access and parking areas, no minimum frontage is required.

9.32.050 Coverage.

The maximum building coverage of a lot shall be 75 percent.

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9.32.060 Building setback areas.

A. No structure shall be placed within a building setback area.

B. The front building setback area shall be a minimum of 25 feet, except as modified by (F.).

C. There is no rear building setback area.

D. There is no interior side building setback.

E. There is no street-side building setback, except as modified by (F.).

F. The minimum setback shall be 55 feet from the legal centerline of any existing or proposed local street or minor collector, 70 feet from the legal centerline of any existing or proposed secondary highway or major collector street, or 80 feet from the legal centerline of any existing or proposed primary highway or arterial street.

9.32.070 Distance between structures.

There is no minimum distance between structures required, except that all building code requirements shall be met.

9.32.080 Height of structures.

There is no maximum structure height. If the structure is adjacent to existing or zoned residential uses, the maximum height shall be 50 feet.

9.32.090 Driveways.

A. Wherever possible, developments shall share driveways to minimize the number of driveways on public streets.
kk. New driveways near street corners shall be located a minimum of 150 feet from the radius curve of the curb unless otherwise specifically approved by the City Engineer. ll. Gated entrances shall be set back at least 100 feet from the public right-of-way unless a shorter distance is approved by the City Engineer.

9.32.100 Off-street parking.

Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 9.54.

9.32.110 Usable open space.

There is no minimum requirement for usable open space.

9.32.120 Landscaping.

A. Landscaping shall be provided for each use as prescribed in Chapter 9.52 Landscape Standards. mm. Landscaping shall be provided and permanently maintained in a 25-foot front setback area as well as along any street-side lot line adjacent to the ultimate right-of-way of State Highway 269 or State Highway 33, except where the setback area is covered by parking areas or driveways.
nn. Where industrial zoning abuts a residentially zoned property, a 10-foot-wide landscape easement shall be maintained between the parcels.

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oo. Required landscaping shall be installed prior to final occupancy and continually maintained pursuant to Chapter 9.52.

9.32.130 Screening, fences, and walls.

A. Fences and walls in the M-2 zone shall conform to the design standards provided in Section

9.50.110.

B. Fences, walls, and hedges in the M-2 zone shall conform to the following standards:

1. Where an industrially-zoned site adjoins a site that is residentially zoned, a minimum seven-foot-tall solid wall and a 10 foot landscape buffer shall separate the industrial development from the adjoining residential district. The Director may allow fence and wall heights to be increased in order to mitigate noise problems documented by a noise study.

2. No fence or wall shall be placed in front of or within any landscaped area located next to a street.

3. The open storage of materials and equipment attendant to a use shall be permitted only within an area surrounded or screened from view with a seven-foot-tall solid wall or fence, except as may be modified under the site plan review. Such storage shall not be visible above the fence or wall.

4. Razor wire, electrified fencing, and similar security devices are only allowed on a permanent basis in the M-2 zone with approval by the Director, provided that it is not located adjacent to a residence or residential district, subject to the design guidelines set forth in Chapter 9.50.

9.32.140 Signs.

Signs placed in the M-2 zone shall be subject to the requirements and standards prescribed in Chapter 9.56.

9.32.150 General provisions and standards.

A. Mechanical equipment shall be located a minimum of 20 feet from a rear or side lot line that abuts a residentially zoned property, except that where there is a parapet wall that shields the mechanical equipment, no minimum distance is required.
pp. All open and non-landscaped portions of any lot shall be maintained in good condition, free from weeds, dust, trash, and debris.
qq. New development may be required to install public infrastructure necessary to adequately serve the project, based on requirements of the City Engineer, including sewer, water and storm drainage lines, curbs, gutters and sidewalks, street paving, street lighting, and trash enclosures.

These improvements shall be constructed consistent with requirements shown in the City of Avenal Standard Specifications and Drawings and shall be installed prior to occupancy of any structures on the site.
rr. No use shall be permitted, and no process, equipment, or material shall be employed that is found by the City to be injurious to persons residing or working in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt, refuse, noise, vibrations, illumination, glare or heavy truck traffic, or to involve any hazard of fire, explosion, hazardous or toxic waste, or October 10, 2024 Pg. 150
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radioactivity or to emit electrical disturbances which adversely affect commercial or electronic equipment outside the boundaries of the site.
ss. No solid or liquid waste shall be discharged into a natural watercourse, nor into a public or private sewage disposal system, except in compliance with the applicable regulations of the Central Valley Regional Water Quality Control Board and City ordinances and policies. tt. Structures and the use of structures or land shall be subject to the requirements and standards prescribed in Chapter 9.50.

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Chapter 9.33

PUBLIC FACILITIES (PF) ZONE
Sections:

9.33.010 Purpose and application.

9.33.020 Permitted uses.

9.33.030 Site area.

9.33.040 Lot dimensions.

9.33.050 Coverage.

9.33.060 Building setback areas.

9.33.070 Distance between structures.

9.33.080 Height of structures.

9.33.090 Driveways.

9.33.100 Other setback standards.

9.33.110 Off-street parking.

9.33.120 Usable open space.

9.33.130 Landscaping.

9.33.140 Screening, fences, and walls.

9.33.150 Signs.

9.33.160 General provisions and standards.

9.33.010 Purpose and application.

This chapter shall apply to all land within the Public Facilities (PF) zone district. The purpose of the PF zone is to provide locations for public and private institutional uses, including, but not limited to, community facilities, school facilities, libraries, cemeteries, wastewater treatment facilities, storm drainage basins, water recharge areas, public safety facilities (fire and police), public transportation and public works facilities, and other similar public uses and facilities on property owned and maintained by public or institutional agencies such as the City, schools, hospitals, and other special districts. Public facilities that provide utilities, such as transmission lines, water storage, and wind-driven electrical generators, are also allowed.

9.33.020 Permitted uses.

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 9.08.030.

9.33.030 Site area.

There is no minimum lot area.

9.33.040 Lot dimensions.

There are no minimum lot dimensions.

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9.33.050 Coverage.

The maximum coverage of a lot shall be determined by the combined building setback area requirements, accessory structure limitations, open space requirements, and off-street parking requirements.

9.33.060 Building setback areas.

A. No structure shall be placed within a building setback area. uu. The front building setback area shall be a minimum of 10 feet from the front lot line when located in a residential neighborhood.
vv. The rear building setback shall be a minimum of five feet from the rear lot line, except where the rear lot line abuts a residential zone district, the rear building setback shall be a minimum of 15 feet.
ww. The side building setback area shall be a minimum of 10 feet from an interior side lot line and a minimum of 15 feet from a street-side property line.

9.33.070 Distance between structures.

The minimum distance between structures shall be five feet, unless a greater distance is required by the building code.

9.33.080 Height of structures.

The maximum structure height shall be 35 feet, except that a height up to 75 feet may be permitted in accordance with Chapter 9.60 Conditional Use Permits.

9.33.090 Driveways.

A. Wherever possible, developments shall share driveways to minimize the number of driveways on public streets.
xx. New driveways near street corners shall be located a minimum of 100 feet from the radius curve of the curb unless otherwise specifically approved by the City Engineer. yy. Gated entrances shall be set back at least 30 feet from the public right-of-way unless a shorter distance is approved by the City Engineer.

9.33.100 Other setback standards.

Mechanical equipment shall be located a minimum of five feet from every lot line, except the setback shall be a minimum of 25 feet from a lot line abutting a residential or commercial zone.

9.33.110 Off-street parking.

A. Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 9.54.
zz. Required parking spaces may not be provided within any front, side, or rear building setback area.

9.33.120 Usable open space.

There is no required usable open space.

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9.33.130 Landscaping.

A. Landscaping shall be provided for each use as prescribed in Section 9.52 Landscape Standards.

9.33.140 Screening, fences, and walls.

A. The fences in the PF zone shall conform to the design standards provided in Section 9.50.110.

B. Fences, walls, and hedges in the PF zone shall conform to the following standards:

3. Fences, walls, and hedges not exceeding seven feet in height shall be permitted except that in a required front yard, or a required side yard on a corner or side on a cul-de-sac lot, a fence, wall, or hedge shall not exceed four feet in height except as allowed by subsections 2 and 3 below.

4. A block wall with a minimum height of seven feet shall be provided along any side or rear lot line that abuts any residential zone.

5. The open storage of materials and equipment attendant to a use shall be permitted only within an area surrounded or screened from a public street by a solid wall or fence seven feet minimum in height, except as may be modified under the site plan review. Such storage shall not be visible above the fence or wall.

9.33.150 Signs.

Signs placed in the PF zones shall be subject to the requirements and standards prescribed in Chapter 9.56.

9.33.160 General provisions and standards.

Structures and the use of structures or land shall be subject to the requirements and standards prescribed in Chapter 9.50.

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Chapter 9.36

OPEN SPACE, PARKS, AND RECREATION (O) ZONE
Sections:

9.36.010 Purpose and application.

9.36.020 Permitted uses.

9.36.030 Lot area.

9.36.040 Lot dimensions.

9.36.050 Coverage.

9.36.060 Building setback areas.

9.36.070 Distance between structures.

9.36.080 Height of structures.

9.36.090 Driveways.

9.36.100 Other setback standards.

9.36.110 Off-street parking.

9.36.120 Usable open space.

9.36.130 Landscaping.

9.36.140 Screening, fences, and walls.

9.36.150 Signs.

9.36.160 General provisions and standards.

9.36.010 Purpose and application.

This chapter shall apply to all land within the Open Space, Parks, and Recreation (O) zone district.

This zone is intended primarily for application to those areas of Avenal where it is necessary and desirable to provide permanent open spaces, whether public or private, which are necessary to safeguard the health, safety, and welfare of the people; provide active and passive recreation; provide spaces for the location and preservation of public facilities such as parks, playgrounds and other public uses or private uses of a similar nature; and, reserve, in a substantially undeveloped state, the areas planned for future urban use.

9.36.020 Permitted uses.

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 9.08.030.

9.36.030 Lot area.

There is no minimum lot area.

9.36.040 Lot dimensions.

There are no minimum lot dimensions.

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9.36.050 Coverage.

The maximum coverage of a lot shall be determined by the combined building setback area requirements, accessory structure limitations, open space requirements, and off-street parking requirements.

9.36.060 Building setback areas.

A. No structure shall be placed within a building setback area.

B. The front building setback area shall be a minimum of 25 feet, except as modified by (F.).

C. There is no rear building setback area.

D. There is no interior side building setback.

E. There is no street-side building setback, except as modified by (F.).

F. The minimum setback shall be 55 feet from the legal centerline of any existing or proposed local street or minor collector, 70 feet from the legal centerline of any existing or proposed secondary highway or major collector street, or 80 feet from the legal centerline of any existing or proposed primary highway or arterial street.

9.36.070 Distance between structures.

The minimum distance between structures shall be 10 feet, unless a greater distance is required by the building code.

9.36.080 Height of structures.

The maximum structure height shall be 30 feet, except that a height up to 100 feet may be permitted in accordance with Chapter 9.60 Conditional Use Permits.

9.36.090 Driveways.

Driveways should be minimized to protect the maximum amount of open space. Driveways shall be the minimum width and length necessary to support the use, as determined by the Director.

9.36.100 Other setback standards.

Mechanical equipment shall be located a minimum of five (5) feet from every lot line, except the setback shall be a minimum of 25 feet from a lot line abutting a residential or commercial zone.

9.36.110 Off-street parking.

A. Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 9.54.
aaa. No parking spaces shall be provided within any front, side, or rear building setback area.

9.36.120 Usable open space.

There is no required usable open space.

9.36.130 Landscaping.

Areas around buildings and parking areas that have been disturbed from their natural state shall be landscaped with natural landscape plants and materials that blend in with the natural environment on the site.

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9.36.140 Screening, fences, and walls.

A. A minimum six-foot-tall solid wood or masonry fence shall be provided along any lot line that abuts any residential zoned property to separate the site development from the adjoining residential district. A three-foot wall shall be permitted in the front yard area.

B. The outdoor storage of equipment or materials shall be screened from view from any adjoining public right-of-way with a seven-foot-tall solid fence, wall, or chain-link fence with slats and landscaping.

C. Fences and walls shall be provided on the site for each use in accordance with Sections

9.50.110 and 9.50.120.

9.36.150 Signs.

Signs placed in the OS zone shall be subject to the requirements and standards prescribed in Chapter 9.56.

9.36.160 General provisions and standards.

Structures and the use of structures or land shall be subject to the requirements and standards prescribed in Chapter 9.50.

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Chapter 9.40

MIXED-USE OVERLAY (MU) ZONE
Sections:

9.40.010 Purpose.

9.40.020 Application.

9.40.030 Definitions.

9.40.040 Lot area.

9.40.050 Dwelling units per lot.

9.40.060 Mixed-use development plan.

9.40.070 Required findings.

9.40.080 Permitted and conditional uses.

9.40.090 Development standards.

9.40.100 Design standards.

9.40.110 Architectural standards.

9.40.120 Maintenance of common areas.

9.40.130 Variances.

9.40.010 Purpose.

The purpose of the Mixed-Use Overlay (MU) zone district is to promote the development of imaginative, well-designed residential and commercial developments which may have a special setback, design, or other features to preserve open space, promote desirable and/or affordable housing, preserve agricultural lands, and maximize the use of shared public and private recreational facilities.

The objectives of the MU Overlay zone are:

A. Provide for a set of regulations to allow for the integration of commercial, office, and residential use in close proximity to one another within one developed site or building. bbb. Provide a tool to encourage and facilitate the development of certain areas by allowing a variety of commercial and residential uses that can be developed in a compatible manner.

G. Ensure that the mix of uses will be integrated successfully into a desirable, cohesive district.

9.40.020 Application.

A. The MU Overlay zone may be combined with any C-C, C-D, C-H, or C-S zone district. The MU Overlay zone may also be considered with the R-3 zone, but housing development must still meet the density range specified for the General Plan Land Use(s) applicable to the area in which the property is located.
ccc. The requirements of this chapter shall be considered in conjunction with the requirements of any base zone district. If a conflict exists between the requirements of the base zone district and this chapter, the requirements of this chapter shall apply.

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9.40.030 Definitions.

For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“Mixed-use development” means a single building containing more than one type of land use or a single development of more than one building and use, where the different types of land uses are in close proximity, planned as a unified complementary whole, and functionally integrated to the use of shared vehicular and pedestrian access and parking areas.

9.40.040 Lot area.

The minimum lot area shall be 20,000 square feet.

9.40.050 Dwelling units per lot.

A. The overall project density shall not exceed or fall below the established density range of the General Plan Land Use(s) applicable to the area in which the property is located. ddd. To further encourage the development of residential uses within mixed-use centers, the City allows for the residential development potential of one or more parcels within a mixeduse center to be transferred to any other parcel or parcels within the same center by right, provided the maximum number of residential dwellings in each center complies with subsection A above.

9.40.060 Mixed-use development plan.

Applicants for mixed-use projects shall submit the following:

A. An application for a zone amendment to include an “MU” combining designation and any other entitlement application required by this chapter.

B. The application shall include the following:

1. A site plan or plans depicting the existing and proposed uses, building locations, gross floor area, lot coverage, parking, landscaping, and delineation of commercial/office uses and residential densities. A circulation plan for vehicles and pedestrians shall be provided as may be appropriate based on the scale of the project.

2. Guidelines for the physical development of the property, including illustrations of proposed architectural, urban design, building elevations, and landscape concepts.

3. The application(s) will be processed in accordance with Chapter 9.70.

C. A special use permit shall remain in effect regardless of change of ownership. Mixed use should be a “permitted use” not a conditional use.

D. Any material or significant change to an approved site plan or building elevation will require approval from the Planning Commission.

9.40.070 Required findings.

A mixed-use development may be approved upon making the following findings:

A. That the site for the proposed development is adequate in size and shape to accommodate the uses, densities, and intensities of development and all yards, open spaces, setbacks, walls and fences, parking areas, loading areas, landscape, and other features required.

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B. That the traffic generated by the proposed development and the public services and facilities required can be provided by existing and planned infrastructure.

9.40.080 Permitted and conditional uses.

A. Permitted uses:

1. Uses permitted by the Base District with which the MU zone is combined.

2. Single-family attached housing.

3. Multi-family housing.

4. Mixed-use building or development.

B. Conditional uses:

1. Conditional uses permitted by the Base District with which the MU zone is combined.

C. Uses not permitted:

1. Single-family detached housing.

2. Motor vehicle repair.

3. Funeral home or mortuary.

4. Fuel sales.

9.40.090 Development standards.

All development standards, including site area, lot dimensions, coverage, height, building setback areas, and distance between structures, shall be per the requirements of the Base District with which the MU zone is combined unless otherwise modified by the approval document.

9.40.100 Design standards.

A. The purpose of this section is to require buildings and entrances to be oriented to the street to the maximum extent practicable to encourage pedestrian access and movement. Requirements for orientation and primary entrances are intended to provide for convenient, direct, and accessible pedestrian circulation by connecting activities within a structure to the adjacent sidewalk and to nearby transit stops and promoting the use of pedestrian and transit modes of transportation to retail and commercial facilities.

B. The following design standards shall apply:

1. All ground-floor tenant spaces with at least 25 feet of frontage facing public, or private streets shall have at least one building entrance oriented to the adjacent street. Such an entrance shall open directly to the outside and shall not require a pedestrian to first pass through a garage, parking lot, or loading area to gain access to the entrance from the street, but the entrance may include architectural features such as arcades, anti-chambers, porticos, and the like without being in violation of this provision. If a building has frontage on more than one street, the building shall provide a main building entrance oriented to one of the streets or a single entrance to the corner where the two streets intersect.

2. Where one single tenant has 200 feet or more of frontage on public or private streets, one additional entrance shall be provided for each 200 feet of frontage on one of the public or private streets.

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3. Freestanding banking institutions and restaurants located in the Mixed-Use district are exempt from the provisions above and may locate the primary building entrance on any facade of the structure. A clear internal site pedestrian sidewalk or pathway shall be provided to the building entrance from all public or private street sidewalks.

4. A building may have more building entrances than required by this section oriented to a public or private street and may have secondary entrances facing off-street parking areas and loading areas.

5. Residential dwellings fronting on a public or private street shall have a main entrance to the dwelling oriented to the adjacent street at the ground floor level. Such an entrance shall open directly to the outside and shall not require passage through a garage to gain access to the doorway. The doorway may be above the final grade where a porch, stoop, portico, anti-chamber, wheelchair ramp, or similar architectural feature is included in the design.

Ground-floor single-family attached housing, townhouse, or condominium residential units fronting on a public or private street shall have separate entries directly from the major pedestrian route.

6. Ground floor and upper story residential units in a multi-family building fronting on a public or private street may share one or more entries accessible directly from the street.

7. Residential building facades over 150 feet in length facing a street shall provide two or more main building entrances.

8. Entryways into mixed-use buildings containing residential units shall be clearly marked with a physical feature incorporated into the building or an appropriately scaled element applied to the facade.

9. Bicycle parking spaces shall be sited so as not to occupy space within, reduce the size of, or impede the use of required sidewalks, pedestrian ways, curbside landscape strips, landscape buffers, or usable open spaces. All bicycle parking must be easily accessible and shall be equipped or located so as to allow the bicycle to be conveniently and securely locked to a parking device or within a secured bicycle parking area. Covered bicycle parking shall be provided. Covered bicycle parking may be provided within a parking structure, garage, under a separate roof within a bicycle locker, or in a designated area within a building or residential complex. A covered bicycle structure may occupy two of the required on-site parking spaces.

10. Surface parking areas shall provide perimeter parking lot landscaping adjacent to a street that meets one of the following standards: a five-foot wide planting strip between the rightof-way and the parking area shall be provided for streets designated collector or local. A 10-foot-wide planting strip between the right-of-way and parking area shall be provided for streets designated arterial.

9.40.110 Architectural standards.

A. Quality and definable treatment shall be applied to all facades exposed to public view. Blank end walls shall be avoided. Treatments shall include architectural features, landscaping, or art elements that tie into the overall design theme.
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as bay windows shall be used to create variety and interest and provide pedestrian scale to the first floor. Buildings over three stories should extend the same architectural features above the ground floor level through variations in design, detail, and proportion when possible. fff. Rooflines and materials shall be compatible with the architectural style of the structures.

Particular consideration to color and material shall be given to the design and treatment of roofs because of their potential visual impact.
ggg. Roof flashing, rain gutters, downspouts, vents, and other roof protrusions shall be screened from view or finished to match adjacent materials and/or colors of the parent structure. hhh. Additions to structures shall be designed to match the roofline, style, and colors of the original structure. Where the original structure has limited design quality, the addition shall work to enhance the overall appearance of the site.
iii. Ground-level commercial or office uses shall provide ground-floor windows on the building facade facing and adjacent to a public street or facing onto a park, plaza, or other public outdoor space.

1. Required windows shall provide a lower sill no more than three feet above grade; except where interior floor levels prohibit such placement, the sill may be located not less than two feet above the finished floor level to a maximum sill height of five feet above exterior grade.

2. Darkly tinted windows and mirrored windows that block two-way visibility are prohibited as ground-floor windows required under this provision except where the closest face of the building to the nearest edge of the sidewalk within a public right-of-way or private street parallel and adjacent to the building is greater than 50 feet.

3. Exterior walls facing a public street, public open space, pedestrian walkway, and/or transit station shall have windows, display areas, or doorways for at least 50 percent of the length and 50 percent of the area of the ground-level wall area, which is defined as the area to the finished ceiling height of the fronting space or 15 feet above finished grade, whichever is less.

G. Materials such as and including masonry, stucco, stone, terra cotta, tile, cedar shakes and shingles, beveled or ship-lap or other narrow-course horizontal boards or siding, authentic vertical board and batten siding/articulated architectural concrete masonry units (CMU), and similar durable architectural materials are allowed. Materials such as and including, T-111 siding, plain or plain painted plywood and strandboard sheets, concrete or cinder block, smooth surface concrete panels, and similar quality and nondurable material are prohibited.

H. Buildings and sites shall be organized to group the utilitarian functions away from the public view. Delivery and loading operations, HVAC equipment, trash collection, and other utility and service functions shall be incorporated into the overall design of the building (s) and the landscaping. All wall- or ground-mounted mechanical, electrical, and communications equipment shall be out of view from adjacent properties and public streets, and screening materials and landscape screens shall be consistent with the principal materials of the buildings and primary landscaping. Roof-mounted equipment shall be hidden behind parapets to reduce visual impacts and decibel levels.

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9.40.120 Maintenance of common areas.

A. Property owner association, a landscape and lighting district, or other similar mechanism for the maintenance of common open space, private streets, or other improvements shall be set up as a condition of approval.

9.40.130 Variances.

A. A variance may be granted to any development regulation or design standard contained in this chapter provided the Planning Commission finds that by granting the variance:

1. The adjustment will equally or better meet the purposes of the Mixed-Use Districts and of the regulation to be modified.

2. The variance or cumulative variance adjustments result in a project that is still consistent with the overall purpose and intent of the district.

B. The Planning Commission may approve a variance from the architectural standards if the project meets the following criteria.

1. Multiple main building entrances required to be oriented to the street. Variances may be granted to allow a single secured entrance to an establishment upon a finding that the internal security measures, which are standard operating procedures of the applicant, would be irreparably harmed by this requirement, except in no case shall there be less than one main entrance oriented to a public or private street unless otherwise authorized by an exception contained in this section.

2. Ground-floor windows. A variance to the percentage of window area required for ground floor windows in building facades where required by this section may be allowed upon findings that:
a. Such windows would unavoidably compromise necessary personal privacy or security within the building (for example, privacy in a clinic examination room, security in a pharmacy storeroom, or security and privacy in a research and development laboratory).
b. Due to the design of the structure or other demonstrable restrictions or constraints, the required personal privacy or security cannot otherwise be provided. c. The loss of the window area cannot be recaptured elsewhere on the facade.

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Chapter 9.42

PLANNED UNIT DEVELOPMENT (PUD) PERMITS
Sections:

9.42.010 Purpose.

9.42.020 Application procedure.

9.42.030 Allowed planned unit developments.

9.42.040 Prohibited planned unit developments.

9.42.050 Site area.

9.42.060 Findings.

9.42.070 Conditions of approval.

9.42.080 Notice of decision.

9.42.090 Appeals.

9.42.100 Life of permits and extensions of time.

9.42.110 Revocation.

9.42.010 Purpose.

Planned unit developments (PUDs) are encouraged to achieve a more functional, aesthetically pleasing, and harmonious living environment within Avenal that otherwise might not be possible by strict adherence to the standards of the base residential, commercial and industrial zones. The PUD Overlay zone is intended to allow some flexibility in the zoning district development standards with special consideration and review for new development of residential subdivisions.

9.42.020 Application procedure.

A. Applications for a planned unit development (PUD) overlay shall be filed and processed pursuant to the applicable sections of Chapter 9.70 and Chapter 9.84. d. In addition to the standard application information required, the Director, after reviewing the site plan of the proposed PUD, shall list any unique, additional information necessary to review a proposed PUD before deeming the application complete.

9.42.030 Allowed planned unit developments.

A planned unit development may be utilized to achieve one or more of the following objectives:

A. To permit a site within more than one zone district to mix the permitted or conditionally permitted land uses of both zones within the site without regard to the zone district boundary. e. To permit development intensity greater than would otherwise be permitted by the implementation of the standards of the zone district in which the site is located. f. To permit the lot patterns of size, shape, and layout that would otherwise not be permitted by the standards of the zone district in which the site is located. g. To modify the required building setbacks, distances between structures, and landscaped areas that would otherwise be required by this title.
h. To permit variations to the standard local street cross-sections.

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i. To permit private streets and gated neighborhoods.
j. To reduce the amount of required parking spaces when spaces are shared among multiple land uses.

9.42.040 Prohibited planned unit developments.

A planned unit development is prohibited from being used to achieve one or more of the following:

A. To add land uses that are not otherwise permitted in the zone district in which the PUD is located.
k. To increase residential densities beyond the maximum allowed by the General Plan. l. To modify sign standards or provisions in Chapter 9.56. m. To modify parking and loading standards or provisions in Chapter 9.54, except as stated in Section 9.42.030.

9.42.050 Site area.

A. The minimum site area for a planned unit development shall be four acres, except that there shall be no minimum site area requirements if the site is an infill development site. n. The site area may be made up of more than one parcel, however, all parcels in the PUD shall be contiguous.

9.42.060 Findings.

A. Before a PUD can be approved, all of the following findings shall be made by the reviewing authority identified in Chapter 9.70:

1. The location and design of the PUD is in accordance with the purpose of this title.

2. The PUD is being proposed to achieve one or more of the objectives identified in Section

9.42.030.

3. The location and design of the PUD and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare of the community to properties or improvements in the vicinity.

4. The location and design of the PUD will not generate more traffic than the streets in the vicinity can carry without congestion and will not overload utilities.

5. That PUD’s population density, site area and dimensions, site coverage, yard spaces, the height of structures, distances between structures, off-street parking and off-street loading facilities, landscaped areas, and street design will produce an environment of stable and desirable character consistent with the purpose of this title.

6. The combination of different dwelling types, architectural appearance, and/or varieties of land uses in the development will complement each other and will harmonize with the existing and proposed land uses in the vicinity.

C. A PUD may be denied if the reviewing authority finds one or more of the findings in this section cannot be made.

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9.42.070 Conditions of approval.

The reviewing authority may place conditions of approval on the PUD that promote well-planned neighborhoods, protect the public interests, health, safety, convenience, or welfare of the city, or mitigate any impacts to surrounding properties.

9.42.080 Notice of decision.

A notice of decision of a planned unit development overlay shall be processed consistent with Chapter 9.70.

9.42.090 Appeals.

Appeals to a decision of the reviewing authority of a planned unit development permit shall be submitted and processed consistent with the procedures in Chapter 9.70.

9.42.100 Life of permits and extensions of time.

The initial life and subsequent extensions of time for a planned unit development use permit shall be per Chapter 9.70.

9.42.110 Revocation.

Revocation of an approved planned unit development permit shall be conducted consistent with procedures and notice requirements in Chapter 9.70.

9.42.120 Planned Single-Family Residential Development Standards The following development standards together with applicable standards specified in the singlefamily residential base zone shall apply to all land and structures within this planned development overlay district.

1. Density. The total number of dwelling units in a planned development shall not exceed the maximum number permitted by the General Plan or operative plan density for the total area of the planned development designated for residential use.

2. Height. The maximum height of a structure shall be consistent with the requirements of the base zone.

3. Setbacks. The minimum setbacks for Planned Developments shall be as follows:
a. Front: 10-feet
b. Side: 5-feet
c. Street side/corner: 10-feet
d. Rear: 10-feet
e. Garage: 20-feet
i. Planned Developments shall provide a minimum of two covered parking spaces as well as a paved driveway to accommodate two uncovered parking spaces.

I. Parking. Parking shall be provided as required in Chapter 9.54.

J. Architectural Elevations
The elevation drawings of dwellings to be constructed in the planned development combining district shall be those traditional to Avenal and the San Joaquin Valley. Architectural historians familiar with the San Joaquin Valley have identified several styles common to the region. These October 10, 2024 Pg. 166
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include but are not limited to Craftsman, Art Deco, Victorian, Prairie, Spanish, and Spanish Revival to name a few.

K. Streets and Alleys

1. In order to take advantage of passive solar opportunities, most subdivision streets and alleys shall be oriented east to west.

2. Single family residential subdivisions may have local streets that have a minimum right-of-way width of 56 feet, 32 feet paved width. Tree-lined parkways shall be installed in this right-of-way. The parkway shall have a minimum width of 5 feet; the sidewalk minimum width shall be 5 feet.

3. Single family residential subdivisions may have cul-de-sac streets that have a minimum right-of-way width of 52 feet, 28 feet paved width. Tree-lined parkways shall be installed in this right-of-way. The parkway shall have a width of 5 feet; the sidewalk minimum width shall be 5 feet. All cul-de-sac streets shall provide for a pedestrian opening at the end of the cul-de-sac when there is an opposing street, park or other type of public right-of-way or open space feature.

4. Alleys are permitted within residential subdivisions. Alleys shall have a minimum right-of-way of 24 feet and a minimum paved width of 20 feet. A concrete vee gutter is required in the middle of the alley. The non-paved portion of the right-of-way shall be landscaped and provided with irrigation. The City may require that maintenance of this landscaping be provided by a Landscape and Lighting District, Homeowner’s Association or similar instrument. Garbage pickup shall not be permitted in the alleys.

L. Passive Solar Design

1. Eighty percent of garages shall be situated on the west side of a residence that is located on an east/west street and on the south side of the residential dwelling that is located on a north/south street.

2. Minimal glazing (windows) will be permitted on west-facing residential walls.

M. Neighborhood Pocket Parks
One lot of not less than the average lot size for the subdivision for every 30 lots within a subdivision shall be dedicated and improved as a neighborhood pocket park, unless the City finds that a pocket park is not necessary because of the location of a community park.

Where the City finds that a park is not necessary, an in-lieu open space fee shall be paid.

The amount of said fee shall be determined by the city engineer and shall be identified in a subdivision agreement.

Neighborhood pocket parks shall be centrally-located within the subdivision and shall have a minimum parcel size of 10,000 square feet.

N. Residential Unit Design

1. Residential dwelling units situated on corner lots shall be designed so that the garage and the front door face different streets.

2. Alleys may be incorporated into the design of a subdivision. The garages of residential dwelling units that back up to an alley shall open up to the alley, not the street.

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3. A residential dwelling unit is permitted to be built on a property line if there is a minimum distance of 10 feet between said unit and a structure on the adjacent lot.

4. All front yards and street side yards shall be landscaped and shall be provided with an automatic irrigation system. A minimum of one, 15-gallon tree per 25 lineal feet of street frontage shall be required of each lot. A 24-inch box tree shall be planted on each corner lot within the subdivision. Not more than 50 percent of the landscaped portion of the front yard area shall be planted with turf.

O. Other Development Standards. Other development standards shall be as prescribed by the PD Plan.

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Chapter 9.44

FLOODPLAIN MANAGEMENT
Sections:

9.44.010 Purpose and application.

9.44.020 Statutory authorization.

9.44.030 Definitions.

9.44.040 Basis for establishing the areas of special flood hazard.

9.44.050 Compliance.

9.44.060 Methods of reducing flood losses.

9.44.070 Interpretation.

9.44.080 Warning and disclaimer liability.

9.44.090 Severability.

9.44.100 Floodplain administrator.

9.44.110 Development permit.

9.44.120 Appeals.

9.44.130 Provisions for flood hazard reduction.

9.44.140 Floodways.

9.44.150 Variances.

9.44.010 Purpose and application.

It is the purpose of this Ordinance to promote public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by legally enforceable regulations applied uniformly throughout the community to all publicly and privately owned land within flood-prone, mudslide [i.e., mudflow] or flood-related erosion areas. This Ordinance shall apply to all areas of special flood hazards within the jurisdiction of the City of Avenal. The flood hazard areas of the City of Avenal are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards, which increase flood heights and velocities, also contributes to flood losses. These regulations are designed to:

A. Protect human life and health.
o. Minimize expenditure of public money for costly flood control projects. p. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.
q. Minimize prolonged business interruptions.
r. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, and sewer lines, and streets and bridges located in areas of special flood hazard.

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s. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard to minimize future blighted areas caused by flood damage. t. Ensure that potential buyers are notified that the property is in an area of special flood hazard. u. Ensure that those who occupy the areas of special flood hazards assume responsibility for their actions.

9.44.020 Statutory authorization.

The Legislature of the State of California has, pursuant to Government Code Sections 65302, 65560, and 65800, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.

9.44.030 Definitions.

Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted to give them the meaning they have in common usage and to give this Ordinance its most reasonable application.
“A zone” - see “Special flood hazard area.”
“Accessory structure” means a structure that is either:

1. Solely for the parking of no more than two cars.

2. A small, low-cost shed for limited storage, less than 150 square feet and $1,500 in value. “Accessory use” means a use that is incidental and subordinate to the principal use of the parcel of land on which it is located.
“Alluvial fan” means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, highvelocity flows, debris flows, erosion, sediment movement and deposition, and channel migration. “Apex” means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable, and alluvial fan flooding can occur. “Appeal” means a request for a review of the Floodplain Administrator’s interpretation of any provision of this Ordinance.
“Area of shallow flooding” means a designated AO or AH zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate, and velocity flow may be evident.

Such flooding is characterized by ponding or sheet flow. “Area of special flood hazard” - See “Special flood hazard area.” “Base flood” means a flood that has a one percent chance of being equaled or exceeded in any given year (also called the “100-year flood”). Base flood is the term used throughout this Ordinance.
“Base flood elevation” (BFE) means the elevation shown on the Flood Insurance Rate Map for zones AE, AH, A1-30, VE, and V1-V30 that indicates the water surface elevation resulting from a flood that has a one-percent or greater chance of being equaled or exceeded in any given year.

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“Basement” means any area of the building having its floor subgrade - i.e., below ground level - on all sides.
“Building” - see “Structure.”
“Development” means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. “Encroachment” means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures, or development into a floodplain which may impede or alter the flow capacity of a floodplain.
“Existing manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of Ordinance No. 95-07 (adopted on May 25, 1995). “Expansion to an existing manufactured home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
“FEMA” means the Federal Emergency Management Agency of the United States. “Flood, flooding, or flood water” means:

1. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows).

2. The condition resulting from flood-related erosion.
“Flood Boundary and Floodway Map (FBFM)” means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway.
“Flood Insurance Rate Map (FIRM)” means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. “Flood Insurance Study” means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. “Floodplain or flood-prone area” means any land area susceptible to being inundated by water from any source - see “Flooding.”
“Floodplain Administrator” means the local official designated by the City of Avenal to administer and enforce the floodplain management regulations.
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resources in the floodplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations, and open space plans. “Floodplain management regulations” means this Ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control), and other applications of police power that control development in flood-prone areas. This term describes federal, State, or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage. “Floodproofing” means any combination of structural and nonstructural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improve real property, water and sanitary facilities, structures, and their contents. For guidelines on dry and wet floodproofing, see FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93. “Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation by more than one foot. Also referred to as “Regulatory Floodway.” “Floodway fringe” means the area of the floodplain on either side of the “Regulatory Floodway” where encroachment may be permitted.
“Fraud and victimization,” as related to Section 9.44.150 of this Ordinance, means that the variance granted must not cause fraud or victimization of the public. In examining this requirement, the City of Avenal will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for 50 to 100 years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage and can be insured only at very high flood insurance rates.
“Functionally dependent use” means a use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship repair facilities, and does not include long-term storage or related manufacturing facilities. “Governing body” means the local governing unit, i.e., county or municipality, that is empowered to adopt and implement regulations to provide for the public health, safety, and general welfare of its citizenry.
“Hardship,” as related to 9.44.150 of this Ordinance, means the exceptional hardship that would result from a failure to grant the requested variance. The City of Avenal requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one’s neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive or requires the property owner to build elsewhere or put the parcel to a different use than originally intended. “Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

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“Historic structure” means any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.

2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.

3. Individually listed on a state inventory of historic places in states with historic preservation programs that have been approved by the Secretary of Interior.

4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.
“Levee” means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water to provide protection from temporary flooding.
“Levee system” means a flood protection system that consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.
“Lowest floor” means the lowest floor of the lowest enclosed area, including the basement (see “Basement” definition).

1. An unfinished or flood-resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access, or storage in an area other than a basement area is not considered a building’s lowest floor provided it conforms to applicable non-elevation design requirements, including, but not limited to:
a. The flood openings standard in Section 9.44.130 E.
b. The anchoring standards in Section 9.44.130 A.
c. The construction materials and methods standards in Section 9.44.130 B. d. The standards for utilities in Section 9.44.130 I. and J.

2. For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see “Basement” definition). This prohibition includes below-grade garages and storage areas.
“Manufactured home” means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include a “recreational vehicle.” “Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. “Market value” is defined in the City of Avenal substantial damage/improvement procedures. See Section 9.44.100 A.2.

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“Mean sea level,” for purposes of the National Flood Insurance Program, means the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which base flood elevations shown on a community’s Flood Insurance Rate Map are referenced.
“New construction,” for floodplain management purposes, means structures for which the “start of construction” commenced on or after the effective date of Ordinance No. 95-07 (adopted on May 25, 1995) and includes any subsequent improvements to such structures. “New manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of Ordinance No. 95-07 (adopted on May 25, 1995).
“Obstruction” includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.
“One-hundred-year flood” or “100-year flood” - see “Base flood.” “Program deficiency” means a defect in a community’s floodplain management regulations or administrative procedures that impairs the effective implementation of those floodplain management regulations.
“Public safety and nuisance,” as related to Section 9.44.150 of this Ordinance, means that the granting of a variance must not result in anything that is injurious to the safety or health of an entire community or neighborhood or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
“Recreational vehicle” means a vehicle that is:

1. Built on a single chassis.

2. Four hundred square feet or less when measured at the largest horizontal projection.

3. Designed to be self-propelled or permanently towable by a light-duty truck.

4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
“Regulatory floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation by more than one foot.
“Remedy a violation” means to bring the structure or other development into compliance with State or local floodplain management regulations, or if this is not possible, to reduce the impacts of its non-compliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the October 10, 2024 Pg. 174
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ordinance or otherwise deterring future similar violations, or reducing State or federal financial exposure with regard to the structure or other development. “Riverine” means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
“Sheet flow area” - see “Area of shallow flooding.”
“Special flood hazard area (SFHA)” means an area in the floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as zone A, AO, A1-A30, AE, A99, or AH.
“Start of construction” includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
“Structure” means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.
“Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. “Substantial improvement” means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures that have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either:

1. Any project for improvement of a structure to correct existing violations or State or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.

2. Any alteration of a “historic structure,” provided that the alteration will not preclude the structure’s continued designation as a “historic structure.” “Variance” means a grant of relief from the requirements of this Ordinance which permits construction in a manner that would otherwise be prohibited by this Ordinance. “Violation” means the failure of a structure or other development to be fully compliant with this Ordinance. A structure or other development without the elevation certificate, other certifications, October 10, 2024 Pg. 175
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or other evidence of compliance required in this Ordinance is presumed to be in violation until such time as that documentation is provided.
“Water surface elevation” means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. “Watercourse” means a lake, river, creek, stream, wash, arroyo, channel, or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

9.44.040 Basis for establishing the areas of special flood hazard.

The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the “Flood Insurance Study (FIS) for City of Avenal dated June 16, 2009, with accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated June 16, 2009, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this Ordinance. This FIS and attendant mapping is the minimum area of applicability of this Ordinance and may be supplemented by studies for other areas that allow implementation of this Ordinance and which are recommended to the City Council by the Floodplain Administrator. The study, FIRMs, and FBFMs are on file at:

Avenal Community Development Department
919 Skyline Boulevard
Avenal, California 93204

9.44.050 Compliance.

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this Ordinance and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards) shall constitute a misdemeanor. Nothing herein shall prevent the City of Avenal from taking such lawful action as is necessary to prevent or remedy any violation.

9.44.060 Methods of reducing flood losses.

In order to accomplish its purposes, this Ordinance includes regulations to:

A. Restrict or prohibit uses that are dangerous to health, safety, and property due to water or erosion hazards or which result in damaging increases in erosion or flood heights or velocities. e. Require that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction. f. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters.
g. Control filling, grading, dredging, and other development which may increase flood damage. h. Prevent or regulate the construction of flood barriers that will unnaturally divert floodwaters, or that may increase flood hazards in other areas.

9.44.070 Interpretation.

This Ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Ordinance and another ordinance, easement, covenant, October 10, 2024 Pg. 176
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or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. In the interpretation and application of this Ordinance, all provisions shall be:

A. Considered as minimum requirements.
i. Liberally construed in favor of the City of Avenal.
j. Deemed to neither limit nor repeal any other powers granted under State statutes.

9.44.080 Warning and disclaimer liability.

The degree of flood protection required by this Ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Ordinance shall not create liability on the part of the City of Avenal, any officer or employee thereof, the State of California, or the Federal Emergency Management Agency for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made hereunder.

9.44.090 Severability.

This Ordinance and the various parts thereof are hereby declared to be severable. Should any section of this Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole or any portion thereof other than the section so declared to be unconstitutional or invalid.

9.44.100 Floodplain administrator.

The Community Development Director is hereby appointed to administer, implement, and enforce this Ordinance by granting or denying development permits in accordance with its provisions.

A. The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following:

1. Review all development permits to determine:
a. Permit requirements of this Ordinance have been satisfied, including the determination of substantial improvement and substantial damage to existing structures. b. All other required State and federal permits have been obtained. c. The site is reasonably safe from flooding.
d. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined, but a floodway has not been designated. This means that the cumulative effect of the proposed development, when combined with all other existing and anticipated developments, will not increase the water surface elevation of the base flood by more than one foot at any point within the City of Avenal.
e. All Letters of Map Revision (LOMRs) for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on Conditional Letters of Map Revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the “start of construction” definition.

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2. Using FEMA publication FEMA 213, “Answers to Questions About Substantially Damaged Buildings,” develop detailed procedures for identifying and administering requirements for substantial improvement and substantial damage, including defining “Market Value.”

3. Assure procedures are coordinated with other departments/divisions and implemented by City of Avenal staff.

4. When base flood elevation data has not been provided in accordance with Section 9.44.040, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or State agency or other source in order to administer Section 9.44.130. A base flood elevation may be obtained using one of two methods from the FEMA publication, FEMA 265, “Managing Floodplain Development in Approximate Zone A Areas – A Guide for Obtaining and Developing Base (100-year) Flood Elevations” dated July 1995.

5. In the event of an alteration or relocation of a watercourse, the Floodplain Administrator shall:
a. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation.
b. Submit evidence of such notification to the Federal Emergency Management Agency. c. Assure that the flood-carrying capacity within the altered or relocated portion of said watercourse is maintained.

6. Within six months of information becoming available or project completion, whichever comes first, the Floodplain Administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision (LOMR). All LOMRs for flood control projects are approved prior to the issuance of building permits.

Building permits must not be issued based on Conditional Letters of Map Revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the “start of construction” definition. Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.

7. Whenever the corporate boundaries have been modified by annexation or other means, the Floodplain Administrator shall notify FEMA in writing and include a copy of a map of the community clearly delineating the new corporate limits.

8. Document floodplain development; obtain and maintain for public inspection and make available as needed the following:
a. Certification required by Sections 9.44.130 C., 9.44.130 O., and 9.44.130 P. (lowest floor elevations).
b. Certification required by Section 9.44.130 D. (elevation or floodproofing of nonresidential structures). c. Certification required by Section 9.44.130 E. (wet floodproofing standard).

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d. Certification of elevation required by Section 9.44.130 K.3. (subdivisions and other proposed development standards).
e. Certification required by Section 9.44.140 B. (floodway encroachments). f. Maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.

9. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazard where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 9.44.120.

10. Take action to remedy violations of this Ordinance as specified in Section 9.44.050.

11. Complete and submit biennial report to FEMA.

12. Assure the community’s General Plan is consistent with floodplain management objectives herein.

9.44.110 Development permit.

A development permit shall be obtained before any construction or other development, including manufactured homes, within any area of special flood hazard established in Section 9.44.140.

Application for a development permit shall be made on forms furnished by the City of Avenal.

The applicant shall provide the following minimum information:

A. Plans in duplicate, drawn to scale, showing:

1. Location, dimensions, and elevation of the area in question, existing or proposed structures, storage of materials and equipment, and their location.

2. Proposed locations of water supply, sanitary sewer, and other utilities.

3. Grading information showing existing and proposed contours, any proposed fill, and drainage facilities.

4. Location of the regulatory floodway when applicable.

5. Base flood elevation information as specified in Section 9.44.040 or Section 9.44.100 A.4.

6. Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures.

7. Proposed elevation in relation to mean sea level to which any non-residential structure will be floodproofed, as required in Section 9.44.130 D. of this Ordinance and detailed in FEMA Technical Bulletin TB 3-93.
g. Certification from a registered civil engineer or architect that the non-residential floodproofed building meets the floodproofing criteria in Section 9.44.130 D. h. For a crawl-space foundation, location and total net area of foundation openings as required in

9.44.130 E. of this Ordinance and detailed in FEMA Technical Bulletins 1-93 and 7-93. i. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

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j. All appropriate certifications listed in Section 9.44.100 A.8. of this Ordinance.

9.44.120 Appeals.

The City Council of the City of Avenal shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this Ordinance.

9.44.130 Provisions for flood hazard reduction.

In all areas of special flood hazards, the following standards are required:

A. All new construction and substantial improvements of structures, including manufactured homes, shall be adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
k. All new construction and substantial improvements of structures, including manufactured homes, shall be constructed:

1. With flood-resistant materials and utility equipment resistant to flood damage for areas below the base flood elevation.

2. Using methods and practices that minimize flood damage.

3. With electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located to prevent water from entering or accumulating within the components during conditions of flooding.

4. Within zones AH or AO, there are adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. l. All new residential construction substantial improvements of residential structures shall have the lowest floor, including the basement:

1. In AE, AH, A1-30 zones, elevated to or above the base flood elevation.

2. In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM or elevated at least two feet above the highest adjacent grade if no depth number is specified.

3. In an A zone, without BFEs specified on the FIRM [unnumbered A zone], elevated to or above the base flood elevation, as determined under Section 9.44.100 A.4.

4. Be certified by a registered civil engineer or licensed land surveyor and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator.
m. All new non-residential construction or substantial improvements of non-residential structures shall either be elevated to conform with Section 9.44.130 C. or:

1. Be floodproofed, together with attendant utility and sanitary facilities, below the elevation recommended under 9.44.130 C. so that the structure is watertight with walls substantially impermeable to the passage of water.

2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

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3. Be certified by a registered civil engineer or architect that the standards 1. and 2. of this subsection are satisfied. Such certification shall be provided to the Floodplain Administrator.
n. All new construction and substantial improvements of structures with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking vehicles, building access, or storage and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must be certified by a registered civil engineer or architect or meet the following minimum criteria:

1. Have a minimum of two openings on different sides, having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding.

2. The bottom of all openings shall be no higher than one foot above grade.

3. Openings may be equipped with screens, louvers, valves, or other coverings or devices, provided that they permit the automatic entry and exit of floodwater.

4. Buildings with more than one enclosed area must have openings on exterior walls for each area to allow flood water to enter directly.
o. A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry of flood waters. See Section 9.44.130 E. Areas of the garage below the BFE must be constructed with flood-resistant materials. See Section 9.44.130 B.
p. A garage attached to a non-residential structure must meet the above requirements or be dry floodproofed. For guidance on below-grade parking areas, see FEMA Technical Bulletin TB6. q. Detached garages and accessory structures used solely for parking (two-car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in Section 9.44.030, may be constructed such that its floor is below the base flood elevation (BFE), provided the structure is designed and constructed in accordance with the following requirements:

1. Use of the accessory structure must be limited to parking or limited storage.

2. The portions of the accessory structure located below the BFE must be built using floodresistant materials.

3. The accessory structure must be adequately anchored to prevent flotation, collapse, and lateral movement.

4. Any mechanical and utility equipment in the accessory structure must be elevated or floodproofed to or above the BFE.

5. The accessory structure must comply with floodplain encroachment provisions in Section

9.44.140.

6. The accessory structure must be designed to allow for the automatic entry of flood waters in accordance with Section 9.44.130 E.

Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable standards in Section 9.44.130 A. through H.

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r. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters.
s. On-site waste disposal systems shall be located to avoid impairment or contamination during flooding.
t. All new subdivision proposals and other proposed development, including proposals for manufactured home parks and subdivisions, greater than 50 lots or five 5 acres, whichever is the lesser, shall:

1. Identify the Special Flood Hazard Areas (SFHA) and base flood elevations (BFE).

2. Identify the elevations of the lowest floors of all proposed structures and pads on the final plans.

3. If the site is filled above the base flood elevation, the following as-built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a Letter of Map Revision based on Fill (LOMR-F) to the Floodplain Administrator:
a. Lowest floor elevation.
b. Pad elevation.
c. Lowest adjacent grade.
d. All subdivision proposals and other proposed developments shall be consistent with the need to minimize flood damage.
e. All subdivision proposals and other proposed developments shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
f. All subdivisions and other proposed developments shall provide adequate drainage to reduce exposure to flood hazards.
g. All manufactured homes that are placed or substantially improved on sites located (1) outside of a manufactured home park or subdivision; (2) in a new manufactured home park or subdivision; (3) in an expansion to an existing manufactured home park or subdivision; or (4) in an existing manufactured home park or subdivision upon which a manufactured home has incurred “substantial damage” as the result of a flood, shall:

1. Within zones A1-30, AH, and AE on the community’s Flood Insurance Rate Map, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. h. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1-30, AH, and AE on the community’s Flood Insurance Rate Map that are not subject to the provisions of Section 9.44.130 O. will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the:

1. Lowest floor of the manufactured home is at or above the base flood elevation.

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2. Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade.

Upon the completion of the structure, the elevation of the lowest floor, including the basement, shall be certified by a registered civil engineer or licensed land surveyor and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator.
i. All recreational vehicles placed in zones A1-30, AH, and AE will either:

1. Be on the site for fewer than 180 consecutive days.

2. Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.r

3. Meet the permit requirements of Section 9.44.110 of this Ordinance and the elevation and anchoring requirements for manufactured homes in Section 9.44.130 O.

9.44.140 Floodways.

Since floodways are extremely hazardous areas due to the velocity of flood waters, which carry debris, potential projectiles, and erosion potential, the following provisions apply:

A. Until a regulatory floodway is adopted, no new construction, substantial development, or other development (including fill) shall be permitted within zones A1-30 and AE unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, will not increase the water surface elevation of the base flood more than one foot at any point within the City of Avenal.
j. Within an adopted regulatory floodway, the City of Avenal shall prohibit encroachments, including fill, new construction, substantial improvements, and other development, unless certification by a registered civil engineer is provided demonstrating that the proposed encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.
k. If A. and B. of this subsection are satisfied, all new construction, substantial improvement, and other proposed new developments shall comply with all other applicable flood hazard reduction provisions of Section 9.44.130.

9.44.150 Variances.

A. The issuance of a variance is for floodplain management purposes only. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance.

B. The variance criteria set forth in this section of the Ordinance are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this Ordinance would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

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C. It is the duty of the City of Avenal to help protect its citizens from flooding. This need is so compelling, and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this Ordinance are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate. The following conditions will apply to variances granted under this chapter:

1. Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acres or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Sections 9.44.100, 9.44.110, 9.44.120, and

9.44.130 of this Ordinance have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

2. Variances may be issued for the repair or rehabilitation of “historic structures” (as defined in Section 9.44.030 of this Ordinance) upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

3. Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

4. Variances shall only be issued upon a determination that the variance is the “minimum necessary” considering the flood hazard, to afford relief. “Minimum necessary” means to afford relief with a minimum deviation from the requirements of this Ordinance. For example, in the case of variances to an elevation requirement, this means the City of Avenal need not grant permission for the applicant to build at grade or even to whatever elevation the applicant proposes, but only to that elevation which the City of Avenal believes will both provide relief and preserve the integrity of the local ordinance.

5. Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:
a. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance.
b. Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice be recorded by the Floodplain Administrator in the Office of the Recorder of the County of Kings and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

6. The Floodplain Administrator will maintain a record of all variance actions, including the justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.

7. Variances shall only be issued upon a:
a. Showing of good and sufficient cause.

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b. Determination that failure to grant the variance would result in exceptional “hardship” to the applicant.
c. Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (see “Public safety and nuisance”), cause “fraud and victimization” of the public, or conflict with existing local laws or ordinances.

8. Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of Sections 9.44.150 C.1. through 4. are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood, does not result in additional threats to public safety, and does not create a public nuisance.

9. Upon consideration of the factors of 9.44.150 C.1. and the purposes of this Ordinance, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Ordinance.

10. In passing upon requests for variances, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Ordinance, and the:
a. Danger that materials may be swept onto other lands to the injury of others. b. Danger of life and property due to flooding or erosion damage. c. Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property. d. Importance of the services provided by the proposed facility to the community. e. Necessity to the facility of a waterfront location, where applicable. f. Availability of alternative locations for the proposed use that are not subject to flooding or erosion damage.
g. Compatibility of the proposed use with existing and anticipated development. h. Relationship of the proposed use to the comprehensive plan and floodplain management program for that area.
i. Safety of access to the property in time of flood for ordinary and emergency vehicles. j. Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site.
k. Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

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Chapter 9.50

DEVELOPMENT STANDARDS
Sections:

9.50.010 Purpose and applicability.

9.50.020 Applicability.

9.50.025 Nuisance.

9.50.030 Waste materials.

9.50.040 Air pollution.

9.50.050 Odorous gases and matter.

9.50.060 Discharge of materials.

9.50.070 Ground vibration.

9.50.080 Combustibles and explosives.

9.50.090 Trash collection areas.

9.50.100 Rooftop equipment.

9.50.110 Fences, walls, and hedges in all zones.

9.50.120 Temporary fences.

9.50.130 Outdoor lighting standards.

9.50.140 Through lots.

9.50.150 Exceptions in building setback area limitations.

9.50.160 Exceptions to height limitations.

9.50.170 Property Maintenance.

9.50.010 Purpose and applicability.

The purpose of this chapter is to establish development standards to preserve, protect, and promote the public health, safety, and general welfare of Avenal, and to minimize environmental impacts and land use conflicts.

9.50.020 Applicability.

This chapter shall apply to uses within all zone districts unless specifically stated otherwise.

9.50.025 Nuisance.

No use shall create a nuisance due to noise, odor, dust, mud, smoke, steam, vibration, light, or other similar causes.

9.50.030 Waste materials.

Waste materials that are associated with any use that causes fumes or dust, that may be a fire hazard, or that are edible by, or otherwise attractive to, rodents or insects shall be stored in closed containers.

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9.50.040 Air pollution.

No use shall cause the emission of any smoke, ash, dust, fumes, vapors, gases, or other forms of air pollution that can cause damage to human health, vegetation, or other forms of air pollution that can cause excessive soiling on any other parcel. No emission shall be permitted that exceeds the requirements of the San Joaquin Valley Air Pollution Control District (SJVAPCD) or the requirements of any air quality plan adopted by the City of Avenal. Applicants are responsible for obtaining the applicable permits from SJVAPCD.

9.50.050 Odorous gases and matter.

No use shall be permitted that emits odorous gases or other odorous matter in such quantities as to be dangerous, harmful, noxious, or otherwise objectionable at a level that is detectable with or without the aid of instruments at or beyond the project site boundary.

9.50.060 Discharge of materials.

No use shall discharge at any point into any public or private street, public sewer, storm drain, private stream, body of water, or into the ground any material that can contaminate any water supply, interfere with bacteriological processes in sewerage treatment, or otherwise cause the emission of dangerous or offensive elements, except according to the standards approved by the California Department of Public Health, or any other federal, State, or local government agency.

9.50.070 Ground vibration.

No use shall be permitted to cause a steady state, earth-borne oscillation beyond the project site.

Ground vibration caused by moving vehicles, trains, aircraft, or temporary construction or demolition is exempt from this requirement.

9.50.080 Combustibles and explosives.

The use, handling, storage, and transportation of combustibles and explosives shall comply with the Uniform Fire Code and California Code of Regulations Title 19.

9.50.090 Trash collection areas.

Suitable area shall be provided on-site for collection of trash and recyclable materials for all multifamily residential, mixed-use, commercial, office, public facility, and industrial uses. Refuse storage areas shall be adequately screened from view. The refuse area enclosure shall be designed to meet the minimum recommended dimensional standards as determined by the City Engineer.

Applicability:
• All new multi-family residential with 4 or more units, mixed use, commercial, office, public facility, and industrial uses, shall provide a trash and recycling collection structure, and as required by the Director of Public Works/Utilities.

Requirements:
• All uses requiring trash collection areas shall comply with Title 6 (Sanitation and Health) of the Avenal Municipal Code.

Location:
• Trash enclosures shall not be located within any required setback, landscape, or open space area between a building and street right-of-way.

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• Trash enclosures shall combine together solid waste, recycling, and organics, when necessary, into each enclosure
• Trash enclosures shall have unobstructed assess so that refuse haulers have sufficient space to service the enclosure without the need for backing up or reversing the refuse hauler. • Trash enclosures shall be located a minimum of 20-feet from doors and windows of the nearest adjacent structure.

Design, Materials, and Construction:
• Trash enclosures shall be constructed with the same materials and in the same colors to be compatible with the adjacent and surrounding structures. • Trash enclosures shall be contructed in compliance with City of Avenal Standards Manual. • Trash enclosures shall be screened from view on all sides with masonry walls, metal gates and landscaping.

9.50.100 Rooftop equipment.

All mechanical equipment located on the roof of any building shall be screened from adjacent views and contained within a completely enclosed penthouse or portion of the same building having walls and roofs with construction and appearance similar to the building.

9.50.110 Fences, walls, and hedges in all zones.

A. No fence or wall shall be placed within the public right-of-way.

B. A masonry fence exceeding three feet in height shall require engineered footings and a building permit. All other fencing exceeding seven feet in height shall require engineered post footings and a building permit.

C. Corner Cutoff Areas. The following regulations shall apply at all intersections of streets, alleys, or private driveways in all residential districts in order to provide adequate visibility for vehicular traffic. There shall be no visual obstruction within the cutoff areas established herein.

1. There shall be a corner cutoff area at all intersecting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of 45 degrees, with the side, front, or rear property line, as the case may be. It shall pass through the points located on both the side and front (or rear) property lines at a distance of 35 from the intersection of such lines or their projections at the corner of a street or highway.

2. There shall be a corner cutoff area on each side of any private driveway intersecting a street or alley. The cutoff lines shall be in a horizontal plane, making an angle of 45 degrees with the side, front, or rear property line, as the case may be. They shall pass through a point not less than 10 feet from the edges of the driveway where it intersects the street or alley right-of-way.

3. There shall be a corner cutoff area on each side of any alley intersecting a street or alley.

The cutoff lines shall be in a horizontal plane, making an angle of 45 degrees with the side, front, or rear property line, as the case may be. They shall pass through a point not less than 10 feet from the edges of the alley where it intersects the street or alley right-of-way.

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4. Where, due to an irregular lot shape, a line at a 45-degree angle does not provide for intersection visibility, said corner cutoff shall be defined by a line drawn from a point on the front (or rear) property line that is not less than 30 feet from the intersection of the side and front (or rear) property lines and through a point on the side property line that is not less than 30 feet from said intersection of the side and front (or rear) property lines.

D. All fences constructed or installed within Avenal shall be limited to the following materials or combination of materials: concrete block, latticework, wood, and wrought iron or coated aluminum.

E. All fences and walls shall be constructed of new or good used material, and all fences and walls shall be kept in good repair and adequately maintained. Any dilapidated, dangerous, or unsightly fences or walls shall be removed unless otherwise required or repaired.

F. The provisions of this title regarding fences or walls shall not apply to a fence or wall necessary for public safety or as required by any law or regulation of the State or any agency thereof.

G. The City reserves the right to remove, at the expense of the owner of the property or properties enclosed by the fence, any fence in a public easement or public right of way in any emergency.

9.50.120 Temporary fences.

The use of temporary fences is allowed subject to the following requirements:

A. A temporary fence may be constructed of chain link or other such material approved by the Director and shall not be permanently affixed to the site.

B. A temporary fence shall be located on the site in such a manner as not to impede pedestrian or automobile traffic adjacent to the site unless approved by the Director or City Engineer.

C. A temporary fence placed to secure a construction, rehabilitation, or demolition project on the site shall be removed when the project is completed.

D. A temporary fence placed for a reason other than to secure a construction, rehabilitation, or demolition project on the site shall be removed after 90 days unless a temporary use permit is issued in accordance with Chapter 9.76, which allows a longer period of time.

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9.50.130 Outdoor lighting standards.

The following requirements and standards shall apply in all zone districts for the installation and use of outdoor lighting fixtures:

A. All lights and light fixtures, except public streetlights and solar-powered lights of five watts or less per fixture, shall be located, aimed, or shielded to minimize light trespassing across property boundaries or skyward.

B. No lights or light fixtures shall flash, revolve, blink, or otherwise resemble a traffic control signal or operate in such a fashion as to create a hazard for passing traffic.

C. Building-mounted lighting fixtures shall be attached only to the walls of the building. The top of a light fixture attached to a building wall shall not be higher than the top of the building parapet or the top of the roof eave, whichever is lower.

D. Light fixtures under ceiling canopies shall be recessed, or the sides of the lens area shall be shielded to eliminate the emission of horizontal light.

9.50.140 Through lots.

A front building setback area shall be provided on each frontage of a through lot, except where access to one of the frontages has been waived or is otherwise prohibited.

9.50.150 Exceptions in building setback area limitations.

A. Architectural features, including, without limitation, sills, chimneys, fireplaces, cornices, and eaves, may extend into a required side building setback area, a required rear building setback area, or a space between structures, not more than 36 inches, and may extend into a required front building setback area not more than six feet. Where an architectural feature extends more than 24 inches into a required side building setback area, such extension shall meet all fire and building code requirements. No building or projection thereof may extend into a public easement or right-of-way.

B. Open, unenclosed, uncovered metal fire escapes, and depressed ramps or stairways may project into any required yard or space between buildings not more than four feet, and planter boxes attached to a building may be extended into a required front building setback area by not more than three feet.

C. Fences, walls, hedges, garden structures, walks, driveways, and retaining walls may occupy any required building setback area or other open space, subject to the limitations prescribed in this title.

D. When more than 60 percent of the linear frontage of lots improved with residential buildings within any street block is comprised of lots with less than the minimum front building setback requirements, the minimum front building setback for proposed new buildings in such block shall be the average of the actual front building setback of the main buildings on either side of the proposed new building.

9.50.160 Exceptions to height limitations.

Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, airconditioning equipment, or similar equipment required to operate and maintain buildings, and fire and parapet walls, skylights, towers, spires, cupolas, road signs (where permitted), flagpoles, October 10, 2024 Pg. 190
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chimneys, smokestacks, television and radio masts, or similar structures may be erected above the height limit but shall not be allowed for the purpose of providing additional floor space.

9.50.170 Property Maintenance.

It is a public nuisance for any person owning, leasing, renting, occupying, or having possession of any real property to maintain said real property in a manner in which any of the following conditions are found to exist:

A. The real property or any buildings, structures, or improvements located thereon which violate one or more of the following:

1. The California Building Standards Code, California Code of Regulations, Title 24, and any amendments, thereto, published by the California Building Standards Commission.

2. Any provision of the Avenal Municipal Code.

3. Any other law or regulation, such violations, including, without limitation, violations that create a fire hazard, endanger human life, or are hazards to public health, safety, and general welfare of the citizens of the city, including without limitation, real property, structures or other improvements that are in disrepair or are not properly maintained as determined by the Chief Building Official.

B. Outdoor storage of personal property of any type or design in any unscreened/unfenced areas fronting on any alley, street, or other public right-of-way.

C. The outside placement, parking, storage, or stockpiling of equipment, materials, vehicles, furnishings, or commodities not associated with the normal use, maintenance, or repair of a residential dwelling or its accessory structures, including, but not limited to, farm equipment, porta-potties, picking ladders, agricultural produces, produce boxes and bins, trucks larger than one ton, scrap materials, inoperable vehicles, and appliances or furniture.

D. Real property or structures or improvements thereon not properly maintained to constitute a fire hazard by reason of weeds, grass, rank overgrowth, or accumulations of debris or which could harbor rats or other vermin, create an unsightly appearance, or create conditions which are detrimental to neighboring properties.

E. Broken windows or other structural defects in the real property or any structures or improvements that create hazardous conditions and invite trespassing and malicious mischief, including unsafe structural supports, boarded doorways and windows, dry rot, termites, and similar hazards.

F. Clotheslines visible from a public street.

G. Garbage cans and garbage receptacles stored in locations on a lot that are visible from the public street or neighboring properties except that the Enforcement Officer may determine that circumstances involving the property or its occupants make it difficult or impossible to place the garbage cans and receptacles out of public view. If the Enforcement Officer makes such a determination, the Enforcement Officer shall designate a location on the property for the storage of the garbage cans and receptacles even though such location may allow the garbage cans and receptacles to be visible from the public street or neighboring properties.

H. Failure to maintain any wall, fence, or hedge as to constitute a hazard to persons or property or which creates an unsightly appearance.

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I. Failure to maintain required landscaping and trees and/or removal, destruction, or severe pruning of required landscaping or trees.

J. Installation of newspaper/magazine racks, overnight/postal drop boxes, or other items of personal property in the public right-of-way without first obtaining an encroachment permit from the City and/or failure to properly maintain said items.

9.50.180 Property Development.

New development shall be required to install the public infrastructure necessary to adequately serve the project, based on requirements of the City Engineer, including sewer, water, and storm drainage lines, curbs, gutters, sidewalks, street paving, and street lighting. These improvements shall be constructed consistent with requirements shown in the City of Avenal Standards and Specifications Drawings and shall be installed prior to occupancy of any structures on the site.

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Chapter 9.52

LANDSCAPE STANDARDS
Sections:

9.52.010 Purpose.

9.52.020 Applicability.

9.52.030 Landscape concept plan.

9.52.040 Landscape and irrigation construction plans.

9.52.050 Landscape area requirements.

9.52.060 Landscape requirements for new residential.

9.52.070 Landscape standards.

9.52.080 Maintenance of landscaped areas.

9.52.090 Irrigation design.

9.52.010 Purpose.

The purpose of this chapter is to:

A. Enhance the appearance of the community by providing standards relating to the quality, quantity, and functional aspects of landscaping and landscape screening.

B. Protect public health, safety, and welfare by minimizing the impact of all forms of physical and visual pollution, controlling soil erosion, screening incompatible land uses, reducing heat and glare, and enhancing pedestrian and vehicular traffic and safety.

C. Provide for the conservation of water resources used for landscaping purposes by requiring efficient irrigation system design, appropriate plant materials, and regular maintenance of landscaped areas.

D. Meet the requirements of the latest adopted State Model Water Efficient Landscape Ordinance (MWELO).

9.52.020 Applicability.

A. This chapter applies to all residential, commercial, and industrial development projects in the city.

B. All projects shall provide and maintain landscaping in compliance with the provisions of this chapter.

C. Landscape and irrigation plans and any plans for the ornamental use of water, including fountains and ponds, shall be submitted for review for compliance with the requirements of this chapter. No landscaping or irrigation system shall be installed until the applicant receives approval of the final landscape plan. Changes to the approved landscape plans that affect the character or quantity of the plant material or irrigation system design may be required to be resubmitted for review and approval before installation.

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9.52.030 Landscape concept plan.

A. The Director may require a landscape concept plan as part of an application for a site plan review permit, conditional use permit, tentative subdivision map, or other permit or plan.

B. A landscape concept plan shall meet the intent of this section by exhibiting a design layout that demonstrates the desired landscaping program in terms of function, location, size/scale, and similar attributes. The concept plan shall provide the applicable review authority with a clear understanding of the landscaping program before the preparation of detailed construction landscape and irrigation plans. The concept plan shall include the botanical name and common name of all plants for the site.

9.52.040 Landscape and irrigation construction plans.

A. When construction landscape and irrigation plans for landscaping are required, they shall be submitted in conjunction with a building permit or subdivision improvement plans.

B. Landscape and irrigation plans shall be prepared by a State Licensed Landscape Architect, Licensed Landscape Contractor, or a landscape professional approved by the Director.

C. Landscape and irrigation construction plans shall comply with the latest State MWELO. The Director or the City Engineer may determine other requirements for the contents of construction landscape and irrigation plans consistent with the purposes of this chapter.

D. Landscape and irrigation construction plans shall, at a minimum, include the following:

1. Name, address, phone number, and e-mail address of property owner, designer, and contractor.

2. Qualification certification statement.

3. Planting notes and details.

4. Hardscape notes and details.

5. Grading and utility notes, including proof of mandatory 811 contact.

6. Irrigation notes and details.

7. Hydrozone map and designations.

8. WUCOLS status for plant selection.

9. MAWA designations and calculations.

10. Separate system for trees and shrubs.

9.52.050 Landscape area requirements.

Landscaping shall be provided in the locations specified in this section:

A. All building setback areas and open space areas required by this title that are visible from a public right-of-way shall be landscaped.

B. All areas of a project site not intended for a specific use, including pad sites held for future development, shall be landscaped unless it is determined by the Director that landscaping is not necessary to fulfill the purposes of this chapter.

C. Parking areas shall be landscaped in compliance with Chapter 9.54.

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9.52.060 Landscape requirements for new residential.

A. The following defines the landscaping requirements for all new residential developments:

4. All new residential developments shall provide landscaping and automatic irrigation in the front yard setback area.

5. The front-yard setback shall be landscaped with a minimum of sod and two trees per lot and shall be planted a minimum of 10 feet from any common property line.

1. Multi-family residential development shall provide one tree per unit on the site.

6. All landscaping shall be watered by an automatic irrigation system.

7. All sod shall be uniformly cut and fully mature prior to installation.

8. All trees shall be a minimum of 15 gallons and free of insect infestation, plant diseases, sun scalds, or any other objectionable disfigurements.

9. All new trees shall be required to have heavy-weight tree stands to provide support.

10. All landscaping and irrigation required under these standards shall be installed prior to issuance of a Certificate of Occupancy.

9.52.070 Landscape standards.

A. Landscape areas and materials shall be designed, installed, and properly maintained in compliance with this section.

B. The following features shall be incorporated into the design of the proposed landscape and shown on the required landscape plans.

1. Publicly maintained landscape areas shall be separated from privately maintained landscape areas with, at a minimum, a six-inch-wide concrete mow strip.

2. Pedestrian access to sidewalks and structures shall be integrated with the design of landscaped areas.

3. Landscape adjacent to driveways and parking areas shall be protected from vehicle damage through the provision of a minimum six-inch-high and six-inch-wide concrete curb. An alternative type of barrier may be approved by the Director.

4. Street trees shall be included at 30 feet in the center for all projects except for single-family lots.

5. Trees and shrubs shall be planted so that at maturity, they do not interfere with utility lines and traffic safety sight areas.

6. Trees and shrubs shall be planted and maintained in a manner that protects the basic rights of adjacent property owners, particularly the right to solar access. Trees shall be pruned so that the canopy is no less than six feet above ground level.

7. Trees planted within five feet of sidewalks or curbs shall have an 18-inch by 10-foot-long linear ribbed root barrier placed at each edge of the sidewalk or face of the curb and centered on the tree.

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8. Landscape areas with exposed soil shall have a minimum of three inches of mulch evenly applied over the exposed soil. Mulch may include bark or decomposed granite (3/8” Minus).

9. Soil amendments shall be added, as recommended by a soils report prepared by a certified lab. A copy of the report shall be included with the landscape plans. l. Plant materials shall be selected and installed in accordance with the following requirements:

1. All trees shall be sized 15 gallons or larger.

2. The size of 70 percent of plants and shrubs shall be at least five gallons or larger. The remaining plants and shrubs shall be sized one gallon or larger.

3. The size of groundcover at planting shall be one gallon or larger.

4. Groundcover shall be designed to have 100 percent coverage within two years.

5. Drought-tolerant plant material and climate-appropriate species shall be selected and emphasized in the design whenever possible.

6. In planting areas where groundcover or turf is not used, shrubs or other approved plant material shall cover 80 percent of the ground surface within two years.

9.52.080 Maintenance of landscaped areas.

A required landscaped area shall be planted with live and healthy plant materials suitable for screening and/or ornamenting the site. Landscaped areas shall be watered by automatic systems and designed and developed in accordance with the most recent State MWELO.

9.52.090 Irrigation design.

For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the latest MWELO. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance.

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Chapter 9.54

PARKING AND LOADING STANDARDS
Sections:

9.54.010 Purpose.

9.54.020 Application.

9.54.030 General location and use of parking areas.

9.54.040 Number of parking spaces required.

9.54.050 Exceptions to required number of spaces.

9.54.060 Joint use of parking.

9.54.070 Location of parking spaces.

9.54.080 Standards for off-street parking facilities.

9.54.090 Parking dimensions.

9.54.100 Off-street loading facilities required.

9.54.110 Standards for off-street loading facilities.

9.54.120 Replacement of off-street parking and off-street loading facilities.

9.54.130 Landscaping of parking areas.

9.54.140 Parking for bicycle and low-emission vehicles.

9.54.150 Garage conversions of required parking to living space.

9.54.160 Unimproved lots.

9.54.010 Purpose.

The purpose of this chapter is to promote parking for the safety and convenience of the residents of the City of Avenal by requiring adequate and well-designed parking areas. The standards of this Chapter are minimum standards. The regulations and standards of this chapter are intended to achieve the following:

A. To provide accessible, attractive, secure, properly lighted, well-maintained, and screened offstreet parking facilities.

B. To reduce traffic congestion and hazards.

C. To protect neighborhoods from the effects of vehicular noise and traffic generated by adjacent non-residential land use districts.

D. To assure the maneuverability of emergency vehicles.

E. To provide appropriately designated parking facilities in proportion to the needs generated by varying types of land use.

9.54.020 Application.

The parking and loading standards in this chapter shall apply to all zone districts unless otherwise specified. Parking required by this chapter shall be provided prior to the occupancy of a new building or structure is erected, the enlargement or intensification of a structure, or when use is established, changed, or expanded. Projects involving an increase in use intensity shall comply with these standards for the expansion or intensification..

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9.54.030 General location and use of parking areas.

The land areas set aside for parking to meet the provisions of this chapter shall be usable and accessible for the type of off-street parking that is required. Off-street vehicle parking is restricted to only approved off-street parking facilities as designed and developed in accordance with this chapter.

9.54.040 Number of parking spaces required.

A. At the time of initial occupancy of a site or any existing structure, or of the construction of a building, or of a major alteration or expansion of a site or building, or a change in the use of property that requires additional parking spaces, the number of off-street parking facilities for automobiles shall be provided in accordance with Table 9.54.040-1.

B. For the purposes of this section, square feet shall mean the gross square feet of a building.

Employees shall mean the expected number of employees determined at the time a use commences.

C. If, in the application of the requirements of this section, a fractional number is obtained, one parking space shall be provided for a fraction of one-half or more, and no parking space shall be required for a fraction of less than one-half.

Table 9.54.040-1
Number of Parking Spaces
Land Use Parking Space Requirement
Assisted living, skilled nursing, or hospice
facility; residential care facility
1 space per dwelling unit or 1 space for every
4 beds
Single-family dwelling 2 covered spaces per dwelling unit Multi-family dwelling, no bedroom (i.e.,
Studio or SRO

0.5 spaces per dwelling unit
Multi-family dwelling, 1 or 2 bedrooms 1.5 spaces per dwelling unit; at least 50% of the spaces shall be covered parking
Multi-family dwelling, 3 or more bedrooms 2 spaces per dwelling unit; 50% of the spaces shall be covered parking
Single- or multi-family dwelling specifically
for seniors 55 years of age or older
1 space per dwelling unit or 1 space for every
4 beds; whichever is less (or greater)
Boarding house or rooming house, lodging 1 space per 2 beds Motel, hotel, or bed and breakfast inn 1 space per guest room, plus 1 space per employee
Live/work facility 1.5 spaces per dwelling unit
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Land Use Parking Space Requirement
Retail store; shopping center 1 space per 350 square feet Commercial or Multi-Tenant Shopping
Center
1 space per 350 square feet or the required
total for each individual use; whichever is
less
Retail store selling large items in showroom;
food locker
1 space per 600 square feet
Bank 1 space per 350 square feet
Indoor commercial recreation facility; health
or fitness facility
1 space per 350 square feet
Restaurant, bar, nightclub, lounge, brewpub 1 space per 150 square feet Microbrewery 1 space per 150 square feet open to the public Artisan food, beverage production and sales 1 space per 350 square feet All office and medical uses, except call
center, hospital, and pharmacy
1 space per 250 square feet
Call center 1 space per 200 square feet
Hospital 1 space per 3 beds plus 1 space for every 2
employees of the maximum working shift,
including doctors
Pharmacy 1 space per 350 square feet
Government office; social service office,
assistance center, or guidance center
1 space per 250 square feet
All Service commercial uses 1 space per 350 square feet Studio for martial arts, music, dance, yoga,
exercise, gymnastics or similar
1 space per 500 square feet
All Manufacturing and processing uses
except agricultural food production and
animal raising; cold storage or ice house
1 space per 1,000 square feet
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Land Use Parking Space Requirement
Commercial and industrial uses conducted
primarily outside of buildings, including junk
yard, wrecking yard, or salvage facility, and
vehicle impound yard
1 space for each 2 employees of the
maximum working shift
Auditorium; card room; club, lodge, or
private meeting hall; funeral home or
mortuary; religious institution or facility;
theater; community center or facility
1 space per 50 square feet of floor area used
for seating if seats are not fixed, 1 space per 4
seats, or 1 space per 8 feet of bench or pew
seats
All Recreation uses except indoor
commercial recreation facility, small health or
fitness facility, and park or playground
1 space per 2 employees of the maximum
working shift plus the number of additional
spaces required by the Director based on trip
generation.

School; public, private, or charter
(kindergarten to 8th grade)
1 space per employee
School; public, private, or charter (9th to 12th
grade)
1 space per employee plus 1 space per 10
students (planned enrollment)
School; trade, vocational, art, business, or
professional
1 space per employee plus 10 spaces per
classroom, or as approved by conditional use
permit
College or university 1 space per employee plus 1 space per 5 students (planned enrollment)
Daycare center 1 space per employee plus on-site drop-off area
Library, museum, cemetery, fairgrounds,
public building, and grounds other than
offices and educational uses
1 space per 2 employees of the maximum
working shift plus the number of additional
spaces required by the Director based on trip
generation
Mobile home park, recreational vehicle park 1 space per 2 employees of the maximum working shift plus the number of additional
spaces required by the Director based on trip
generation
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Land Use Parking Space Requirement
Airport, heliport, bus, transit, or train station,
truck stop or travel center, trucking or
transportation terminal, emergency shelter,
warehouse or distribution center
1 space per employee of the maximum
working shift plus the number of additional
spaces required by the Director based on trip
generation
Post office; public corporation yard, utility
yard, or vehicle and heavy equipment
maintenance and storage yard; public safety
facility or station
1 space per employee of the maximum
working shift plus the number of additional
spaces required by the Director based on trip
generation
Adult entertainment establishment As per the most similar specified use as determined by the Director (i.e., adult retail
store to have same parking requirement as
non-adult retail store).

Uses not specifically described in this table As per the most similar specified use as determined by the Director.

9.54.050 Exceptions to required number of spaces.

A. No additional parking spaces shall be required for a building enlargement of less than 1,000 square feet in an existing building.
m. No additional parking spaces shall be required in the event a change in use requires an increase of three or fewer off-street parking spaces.
n. The total requirements for off-street parking facilities for a mixed-use development with both residential and commercial uses on the same site shall be 80 percent of the sum of the parking space requirements for the various uses.
o. No existing land use or structure shall be deemed to be a non-conforming use solely because of the lack of off-street parking or off-street loading facilities prescribed in this chapter.

9.54.060 Parking Reductions
A. Joint Use of Parking: If more than one user is required to provide parking spaces in accordance with this chapter occupies the same or adjacent buildings, off-street parking shall be provided in an amount equal to the total number of spaces required for the separate uses, provided, however, that upon written request, the Community Development Director may reduce the number of spaces required in such cases by up to 50 percent if it can be determined based on substantial evidence that the combination of uses in the same or adjacent buildings or premises will, at periods of peak weekly hour use, necessitate provision of a lower number of parking spaces than if the uses were developed independently.

1. Parking facilities may be shared if multiple uses cooperatively establish and operate the facilities and if these uses generate parking demands primarily during hours when the remaining uses are not in operation. The applicant shall have the burden of proof for a October 10, 2024 Pg. 201
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reduction in the total number of required off-street parking spaces, and documentation shall be submitted substantiating their reasons for the requested parking reduction. Public rightsof-way and/or on-street parking shall not be used or counted to reduce the number of shared on-site parking spaces. Shared parking may only be approved if:

1. A sufficient number of spaces are provided to meet the greater parking demand of the participating uses.

2. Satisfactory evidence, as deemed so by the Director, has been submitted by the parties operating the shared parking facility, describing the nature of the uses and the times when the uses operate to demonstrate the lack of potential conflict between them.

3. Additional documents, covenants, deed restrictions, or other agreements as may be deemed necessary by the Director are executed to assure that the required parking spaces provided are maintained and uses with similar hours and parking requirements as those uses sharing the parking facilities remain for the life of the commercial/industrial development.

B. Affordable Housing. Housing Projects proposed and developed in compliance with Chapter 9.58 of this Title may be eleigilbe for parking reductions.

9.54.070 Location of parking spaces.

A. Off-street parking and off-street loading shall be located on the same site as the use for which they are required or on an adjoining site, except that within the C-D or MU Overlay zone may locate required off-street parking within 600 feet of the use for which the spaces are required, measured by the shortest route of pedestrian access.

B. All parking spaces, whether required by this chapter or in addition to that which is required, shall be located outside of the front building setback, except those within an approved driveway for a single-family residence or duplex. No parking spaces shall be allowed within a street-side yard setback.

9.54.080 Standards for off-street parking facilities.

Off-street parking facilities shall conform to the following standards and be approved by the Director in accordance with Chapter 9.54:

A. All parking areas shall have ingress and egress to and from a street or alley as required by the City’s Standard Specifications and Drawings.

B. Sufficient room for turning and maneuvering vehicles shall be provided on the site.

C. Parking areas shall be designed to the City’s Standard Specifications and Drawings and approved by the City Engineer.

D. Developed parking areas are to be utilized by all vehicles associated with or visiting the site.

E. Entrances and exits to parking lots and other parking facilities shall be provided only at locations approved by the Director.

F. The parking of vehicles on lawns, landscaped areas, or other areas not designed for parking is prohibited.

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G. Parking lot lighting shall be deflected away from adjoining sites so as not to cause glare to surrounding properties. Off-site illumination shall be limited to 0.5 foot-candles where the adjacent property is residential. Parking areas shall have lighting capable of providing adequate illumination for security and safety.

H. No commercial repair work or servicing of vehicles shall be conducted in a parking area.

I. Parking areas, aisles, and access drives shall be paved with a solid material to provide a durable, dustless surface and shall be so graded and drained as to dispose of surface water, except that long-term storage areas for vehicles in the C-S and M districts may be surfaced with rock, gravel, granite, or solid paving.

J. All commercial parking lots shall be landscaped and shall be provided with pedestrian-oriented circulation patterns.

K. All vehicle parking areas within single-family zones shall occur on approved paved surfaces such as concrete or asphalt, except for vehicles parked in side yard setback areas and back yards, which are enclosed by a six-foot high solid fence, such that the vehicles are not visible from the adjacent street or alley. Any request to use alternative surfaces such as gravel or turf stone shall be approved by the Director under Administrative Approval.

L. Standards applying to commercial vehicles.

1. Definition.
a. A commercial vehicle shall be defined as a vehicle required to be registered which is used or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of property.

2. Use of private driveways.
a. No person shall operate or drive a commercial vehicle having a rated capacity of ½ ton or more in or across any private driveway approach or the driveway itself without the consent of the owner or occupant of the property, or

3. Commercial Vehicles, All Night Parking Prohibited Except in Service Commercial Zones. a. No person shall stop, stand, or park, or permit to be stopped, left standing, or parked, any commercially registered bus, semi-truck, trailer, tractor, or motor truck with a rated carrying capacity in excess of three tons on any street between the hours of 7:00 P.M. and 7:00 A.M. except in service commercial zones, parking may be allowed overnight in the street by permit. Permit Fee shall be established by a City Council resolution.

4. Overnight Parking Permits on Weekends in the Servive Commerical Zone. a. The Finance Department shall be responsible for the issuance of overnight parking permits to addresses in the service commercial zones. A permit shall be issued by the Finance Department only upon receipt of a valid application. b. The Finance Department may not issue more than two annual permits to any one address.
c. The Finance Department shall either grant or deny an overnight parking permit within ten working days from the receipt of a valid application. If the application October 10, 2024 Pg. 203
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involves parking in front of or near residentially zoned property, or property owned by someone other than the applicant, the Finance Department shall contact such person(s) and may impose conditions on the permit to mitigate any adverse impacts.

If the Finance Department denies a permit, the written reasons for the denial shall be provided to the applicant, in person or by mail, within the time period specified herein.
d. The permit shall be clearly displayed on the vehicle for which it has been issued as instructed.
e. The Finance Department shall maintain a record of the number of parking permits issued to each address, the names of permit holders, the license numbers of vehicles for which a permit has been issued, documents checked to establish address and vehicle ownership, and any other information as required. f. The Finance Department may revoke the parking permit(s) for any address known to the Finance Department to no longer be eligible for a permit(s) for failure to meet permit conditions, or for causing adverse impact to adjacent property owners or residents. The Finance Department shall give written notice to the permit holder of said revocation and the reasons therefor. The owner shall not display the revoked or expired permit from the individual vehicle.

5. Commercial Vehicles on Private Property.
a. No person shall park a “heavy duty” commercial vehicle for more than three hours on private property visible from public right-of-way, in any land use district zoned other than commercial and industrial, except:
i. While loading or unloading materials and goods and the time required to complete the work exceeds the three-hour period; or
ii. When the vehicle is parked in connection with and in aid of providing a service to or on a property in the block in which the vehicle is parked and time in addition to the three-hour period is necessary to complete such service; or
iii. When the vehicle is parked in connection with and is owned or leased by an approved business in a non-residential zoning district, or when the vehicle is loading or unloading goods in connection with such a business and is parked adjacent to a loading dock or loading area for a period of time not to exceed forty-eight hours.
b. For the purpose of this section "heavy-duty" commercial vehicle means a single vehicle or combination of vehicles having more than two axles, a single vehicle or combination of vehicles twenty feet or more in length or a single vehicle or combination of vehicles having a manufacturer's gross vehicle weight rating of 10,000 pounds or more. It includes, but is not limited to a dump truck, moving van, tractor, pole or pipe dolly.

6. Display of Warning Devices When Commercial Vehicle Disabled. a. Every motor truck having unladen weight of 4,000 pounds or more, and every truck tractor irrespective of weight when operated upon any street or highway during October 10, 2024 Pg. 204
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darkness shall be equipped with and carry at least two flares or two red lanterns or two warning lights or reflectors, which reflectors shall be of a type approved by the Department of California Highway Patrol. When any vehicle above-mentioned or any trailer or semitrailer is disabled upon streets or highways outside of any business or residence district within this City and upon which street or highway there is insufficient street lighting to reveal a vehicle at a distance of 200 feet during darkness, a warning signal of the character indicated herein shall be immediately placed at a distance of approximately 100 feet in advance of, and 100 feet to the rear of, such disabled vehicle by the driver thereof. The continuous flashing of at least four approved Class A-type 1 turn signal lamps, at least two toward the front and at least two toward the rear of the vehicle, shall be considered to meet the requirements of this section until the devices mentioned herein can be placed in the required locations. The warning signals herein mentioned shall be displayed continuously during darkness while such vehicle remains disabled upon such street or highway.

9.54.090 Parking dimensions.

A. A standard parking space shall not be less than 19 feet in length and nine feet in width, exclusive of aisles and access drives. The length of the space may be reduced by up to two feet where the top of the parking space is adjacent to a low groundcover or sidewalk that is at least six feet wide and allows for vehicle overhang.

B. A compact parking space shall not be less than 16 feet in length and eight feet in width and marked for compact cars. Parking lots with 10 or more spaces may substitute up to 20 percent of all parking spaces in a parking lot or parking structure with compact parking spaces. There shall be no more than two compact spaces adjacent to each other.

C. Motorcycle spaces shall be a minimum size of four feet by eight feet. Parking lots with 40 or more spaces may substitute up to 2.5 percent of all standard parking spaces with motorcycle spaces if they are located within 150 feet of a building entry.

D. The dimensions, design, and construction of parking spaces reserved for handicapped access shall meet the latest adopted California Building Code and/ or Building Ordinance.

9.54.100 Off-street loading facilities required.

At least one off-street loading space shall be provided in connection with a building having a gross floor area of 10,000 square feet or more and intended for a use that typically receives or delivers goods. This requirement shall not apply to a building adjacent to a public alley. The Director may waive this requirement for buildings located within the Downton Commercial zone or Mixed-Use Overlay zone.

9.54.110 Standards for off-street loading facilities.

Off-street loading facilities shall conform to the following standards:

A. Commercial, industrial, office, institutional, and public uses exceeding 10,000 square feet in size shall be required to install one off-street loading space. For uses exceeding 25,000 square feet in size, the Director may find that more than one off-street loading space should be required. This determination is made during the site plan review process in accordance with Chapter 9.72.

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B. To the extent possible, loading facilities should be located at the rear or side of the building that they are to serve.

C. Loading spaces shall be situated to ensure that all loading and unloading, as well as vehicular maneuvers, take place on-site and in no case within adjacent public rights-of-way or interfere with other traffic circulation areas on site.

D. Loading facilities, at a minimum, shall have a length of 25 feet, a width of 15 feet, and an overhead clearance of 14 feet. All loading surfaces shall be paved consistent with Avenal’s Standard Specifications and Drawings.

E. Where a loading facility is near or adjacent to a residential district or other noise-sensitive land uses, noise-attenuating design measures will be incorporated into the project. These design measures could include increased setback distances, the construction of a seven-foot solid block wall, landscaping, or locating the loading facilities away from noise-sensitive land uses.

F. Loading areas shall have lighting capable of providing adequate illumination for security and safety. Lighting standards shall be energy efficient and in scale with the height and use of the structure. Any illumination, including security lighting, shall be directed away from adjoining properties and public rights-of-way.

G. Loading and unloading areas shall be striped, indicating the loading spaces and identifying the spaces for loading only. The striping shall be permanently maintained in a clear and visible manner.

H. Passenger loading spaces shall be provided in addition to any required freight and equipment loading spaces whenever required by a discretionary or ministerial permit. Loading spaces shall not be less than 10 feet wide and 20 feet long, shall be located in close proximity to the structure entrance, and shall not require pedestrians to cross a driveway, parking aisle, alley, or street in order to reach the structure entrance. Required loading spaces shall not count as required parking spaces.

9.54.120 Replacement of off-street parking and off-street loading facilities.

Unless specifically stated otherwise in this title, no off-street parking or off-street loading facility provided per this chapter shall be reduced in capacity or in an area without sufficient additional capacity or additional area being provided to comply with the requirements of this chapter.

9.54.130 Landscaping of parking areas.

A. Parking areas are to have at least one tree placed after every four lineal parking spaces.

Landscaped areas shall be distributed throughout the parking area and peripheral areas to the extent practical in consideration of the size and design of the parking area. Landscaped areas shall be delineated by a six-inch-wide and six-inch-high concrete curb. Parking lots developed next to a street shall provide a landscape buffer between the street and the parking lot of at least five feet in width. When parking lots face a residential district directly across the street, there shall be a four-foot-high hedge to block headlights from shining into residential structures.

B. Trees shall be planted and maintained throughout the parking area to achieve a 50 percent shade coverage of the parking area within 10 years of installation. A landscaped planter of at least 80 square feet shall be provided at least every 10 parking spaces. The minimum tree size October 10, 2024 Pg. 206
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shall be a 15-gallon container (or three-inch trunk diameter). Landscaping materials and trees shall be selected from a list of approved trees as may be established by the Director.

C. Parking lot landscaping shall be designed and constructed in accordance with Figure 9.54.150- 1, Typical Parking Lot Landscaping Scheme.

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Figure 9.54.150-1
Typical Parking Lot Landscaping Scheme

9.54.140 Parking for bicycle and low-emission vehicles.

Parking for bicycles and low-emission vehicles shall be provided in accordance with the latest adopted version of the California Building Code.

9.54.150 Garage conversions of required parking to living space.

A. It is the purpose of this section to allow, in certain cases and subject to specific design requirements, the conversion of garages and carports for living space in circumstances where the provisions of Section 9.54.040 cannot be met post-conversion.

B. Garage conversions are allowed if the following requirements are met:

1. The area converted shall be subject to all applicable building code requirements.

2. The garage door shall either be removed from the structure and replaced with a wall, or a wall shall be constructed behind the pre-existing garage door with the garage door remaining in place. The exterior elevation of the conversion shall be compatible in design with the existing dwelling.

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C. Required parking is not required to be replaced for garage conversions if there is space in a driveway for at least two parking spaces. The spaces are not required to be covered and may be tandem spaces.

9.54.160 Unimproved lots.

Vacant or unimproved lots shall not be used as vehicle parking facilities and/or outdoor storage of equipment, construction equipment, and similar uses unless approved by site plan review per Chapter 9.72. Conditions shall indicate appropriate fencing and screening requirements, paving surface, and landscaping.

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Chapter 9.56

SIGNS AND OUTDOOR ADVERTISING STRUCTURES
Sections:

9.56.010 Purpose.

9.56.020 Applicability and severability.

9.56.030 No discrimination against non-commercial speech.

9.56.040 Exempt signs.

9.56.050 Prohibited signs.

9.56.060 Required address numbers.

9.56.070 Permits required.

9.56.080 Sign design principles.

9.56.090 Rules for sign measurement.

9.56.100 Sign standards on developed sites by zone district.

9.56.110 Mixed-Use Overlay zone.

9.56.120 Freeway-oriented signs.

9.56.130 Additional shopping center signs.

9.56.140 Temporary building sign standards.

9.56.150 Temporary freestanding sign standards.

9.56.160 Illumination standards for signs.

9.56.170 Sign regulations on undeveloped or developing sites.

9.56.180 Signs placed in windows.

9.56.190 Signs in public rights-of-way.

9.56.200 Comprehensive master sign program.

9.56.210 Off-site temporary signs for residential subdivisions.

9.56.220 Historic signs.

9.56.230 Signs with manual changeable copy.

9.56.240 Signs with electronic changeable copy.

9.56.250 Digital display signs.

9.56.260 Flags and flagpoles.

9.56.270 Searchlights and klieg lights.

9.56.280 Wall murals.

9.56.290 Off-premises signs in City right-of-way.

9.56.300 Non-conforming signs.

9.56.310 Billboards.

9.56.320 Maintenance of signs.

9.56.330 Hazardous signs.

9.56.340 Abandoned or obsolete signs.

9.56.350 Illegal signs.

9.56.360 Enforcement.

9.56.370 Definitions.

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9.56.010 Purpose.

A. The purpose of this chapter is to regulate signs as an information system that preserves and enhances the aesthetic character and environmental values of Avenal, its residential neighborhoods, its downtown, and its commercial and industrial areas while also providing an effective means for the public to express themselves through the display of signs. These regulations recognize both the importance of business activity to the economic vitality of Avenal and the need to protect the visual environment. Specifically, these regulations are intended to implement the Avenal General Plan and to:

1. Provide standards to safeguard life, health, property, public welfare, and traffic safety by controlling the quality of materials, construction, illumination, size, location, and maintenance of signs and sign structures.

2. Ensure that the design of signs is compatible with the overall streetscape design and preserve the visual order and attractiveness of Avenal for residents, businesses, and visitors.

3. Protect and enhance property values and community appearance by encouraging signs that are compatible with the architectural style, character, and scale of the building to which they relate and with adjacent buildings and businesses.

4. Restrict signs that may create visual clutter or a nuisance to nearby properties, violate privacy, or create safety hazards or unreasonable distractions for pedestrians and drivers of vehicles.

5. Prohibit signs that may interfere with ingress and egress.

6. Provide adequate opportunity for the exercise of free speech by displaying a message or image on a sign while balancing that opportunity with other community and public interests.

7. Ensure that commercial signs are accessory or auxiliary to a principal business or establishment on the same premises rather than functioning as general advertising for hire.

B. It is the City of Avenal’s policy to regulate signs in a constitutional manner that is content neutral as to messages, which are within the protections of the First Amendment to the U.S.

Constitution and the corollary provisions of the California Constitution.

9.56.020 Applicability and severability.

This chapter regulates signs that are located or mounted within the jurisdictional boundaries of Avenal, California, not otherwise regulated by State or federal law. The provisions in this chapter apply to all zoning districts within Avenal. No sign within the regulatory scope of this chapter shall be erected or maintained anywhere in the City of Avenal except in conformance with this chapter.

If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word in this chapter is declared invalid, such invalidity shall not affect the validity or enforceability of the remaining portions of the chapter.

9.56.030 No discrimination against non-commercial speech.

Subject to the property owner’s consent, a non-commercial message of any type may be substituted, in whole or in part, for any commercial message or any other non-commercial message, provided that the sign structure or mounting device is legal without consideration of October 10, 2024 Pg. 211
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message content. Such substitution of message may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary within this title. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech or favoring of any particular non-commercial message over any other non-commercial message. This provision does not create a right to increase the total amount of signage on a parcel, nor does it affect the requirement that a sign structure or mounting device be properly permitted.

9.56.040 Exempt signs.

A. The following signs are exempt from the permit requirements of this chapter and do not count toward the total sign area limit for a site, provided that they conform to applicable standards:

1. One permanent sign per residence or business premises, mounted on a wall and not exceeding two square feet in area.

2. Barber poles, not exceeding 18 inches in height, located in a non-residential zone district, and containing no lettering.

3. Signs on vehicles, provided that the sign does not utilize changeable copy or special illumination.

4. Holiday and cultural observance decorations on private property that do not include commercial advertising. This exemption includes strings of lights associated with a holiday decoration.

5. Official notices issued by a court or public agency and posted in the performance of a public duty; notices posted by a utility or other quasi-public agency; signs erected by a governmental agency to direct or regulate pedestrian or vehicular traffic; non-commercial bus stop signs erected by a public transit agency, or other signs required or authorized by law. This exemption also covers signs and banners provided or approved by the City for special civic events erected by the City, which may be displayed in public rights-of-way.

6. Memorial signs and plaques installed by a civic organization recognized by Council.

7. Directional and/or information signs bearing no advertising message and located on the site may be erected when necessary to facilitate circulation within the site, facilitate egress and ingress, or facilitate a public need, such as identification of restrooms, public telephones, walkways, and similar features and facilities.

8. Signs that are located entirely within a building or enclosed structure and are not visible from the public right-of-way.

9. Signs located on a private area of a lot that is not accessible by the general public, such as a backyard, and are not visible from the public right-of-way.

10. Signs fixed to mobile vending carts, up to a maximum of eight square feet of sign area.

11. Signs that are part of a vending machine, fuel pump, or similar structure.

12. Signs mounted on carrier vehicles such as buses, taxicabs, mobile vendors, and limousines that legally pass through Avenal.

13. Window signs that conform to the standards of Section 9.56.180.

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B. Exempt signs that have electrical connections or engineered supports shall obtain the appropriate building permit, as required by the California Building Code.

C. This chapter shall not prohibit or limit a public agency (City, County, School District, etc.) from placing signs on their public property for a public purpose.

9.56.050 Prohibited signs.

The following signs shall be prohibited in all zones:

A. Signs located, placed, or erected in or upon any public right-of-way, except as specifically allowed by this chapter.

B. Signs illuminated with red, green, or amber lights placed in such a position that it could reasonably be perceived to interfere with or be confused with any official traffic control device, traffic signal, or official directional guide sign.

C. Signs placed within the “Corner Cutoff” area adjacent to a public street intersection as defined in Avenal Municipal Code Section 9.50.19, except for signs erected by a governmental agency to direct or regulate pedestrian or vehicular traffic.

D. Signs placed in a location that would prevent free ingress and egress from any door, window, or fire escape.

E. Outdoor advertising structures located on a site other than the site on which the advertised commercial use is located or on which the advertised commercial product is produced.

F. Building signs extending above the peak of a pitched roof or the parapet line of a flat roof.

G. Reflecting, flashing, sparkling, glittering, twinkling, or shimmering signs.

H. Signs with open letters that can be viewed from the reverse side.

I. Streamers, balloons, blimps, or other floating, inflatable, or hanging devices secured with a rope or string unless specifically permitted with a temporary use permit.

J. Signs located, placed, or attached upon any tree, utility pole, or fence, except as specifically allowed by this chapter.

K. Signs placed on private property without permission of the property owner.

L. Non-conforming signs and sign structures associated with an activity, business, product, event, or service that has not been sold, produced, provided, or conducted on the premises for a period of 90 days.

M. Signs that revolve or are animated, except barber poles.

N. Signs containing statements, words, symbols, or characters of an obscene nature. Obscene nature will be determined by the Director using the three-part obscenity test established in Miller v. California, 413 U.S. 15 (1973).

O. Signs emitting sound.

P. Signs located within five feet of a fire hydrant, traffic control sign, or traffic signal.

Q. Signs within 10 feet of a driveway or alleyway entrance or exit from the public street.

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9.56.060 Required address numbers.

All commercial uses, industrial uses, and residential uses of over four units shall install street address numbers of at least six inches high that are clearly visible from the nearest street. Sample street address numbers shall be shown on all construction drawings for building permits and on building elevations required for any City permit. The numbers shall be considered an architectural feature with color and/or material consistent with the building trim. Street address numbers shall not count toward the number or amount of signage allowed on a site.

9.56.070 Permits required.

A. No sign shall be erected, altered, reconstructed, or relocated without a sign permit. A permit is not required for exempt signs and ordinary maintenance and repairs to signs and for temporary signs on private property that conform to the standards of this chapter. The Director will review all applications for sign permits for consistency with this chapter.

B. Signs that project over or extend into a public street or sidewalk shall also require approval of an encroachment permit or license agreement by the City Engineer.

C. Consent of the property owner and business owner is required before any sign permit may be approved.

9.56.080 Sign design principles.

The following sign design principles should be used as criteria for the review and approval of sign permits and master sign programs. Applications for sign permits or master sign programs that are determined by the Director to be substantially inconsistent with these sign design principles may be denied.

A. Architectural Compatibility. A sign, including its supporting structure, if any, should be designed as an integral design element of a building’s architecture and be architecturally compatible, including color and scale, with any building to which the sign is to be attached. A sign that covers a window or that spills over “natural” boundaries or architectural features and obliterates parts of the upper floors of buildings is considered detrimental to the visual order and attractiveness of Avenal. Common indicators of compatibility are quality sign design and construction, proportional size and scale, and use of materials, shapes, textures, and colors that complement the building’s architectural style and the surrounding environment.

B. Legibility. The size and proportion of the elements of the sign’s message, including logos, letters, icons, and other graphic images, should be based on the average distance and average travel speed of the viewer. Sign messages oriented toward pedestrians should typically be smaller than those oriented toward automobile drivers. Colors chosen for the sign text and/or graphics should have sufficient contrast with the sign background to be easily read during both day and night. Symbols and logos can be used in place of words. Signs deemed too difficult to read based on one or more of these criteria may be considered detrimental to public safety.

C. Placement. Often, a building’s architectural details create logical places for signage. Signs should not cover or interrupt architectural details or ornaments of a building’s facade. On buildings with a monolithic or plain facade, signs should establish or continue appropriate design rhythm, scale, and proportion. Well-designed and well-located retail signs create visual interest and continuity with other storefronts on the same or adjacent buildings. Signs deemed to be architecturally incompatible based on their placement on the building may be considered October 10, 2024 Pg. 214
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detrimental to the visual order and attractiveness of Avenal. Signs should not obstruct windows or doors except as allowed by this chapter.

D. Materials. Signs shall be made of sturdy, durable materials. Paper, cardboard, or other material subject to rapid deterioration can only be used for signs that comply with applicable requirements for temporary signs. Fabric signs are restricted to awnings, canopies, flags, temporary building signs, and temporary freestanding signs. Signs deemed to not be made of durable materials may be considered detrimental to both public safety and visual order and attractiveness of Avenal.

9.56.090 Rules for sign measurement.

A. For the purposes of this chapter, lot frontage shall be calculated as follows:

1. If a lot fronts on two streets (excluding alleyways), both frontages shall be used to determine the allowable sign placement area.

2. If a lot fronts on three or more streets (excluding alleyways), the length of only two contiguous sides shall be added together to determine the allowable sign placement area.

B. The building frontage shall be the building facade in which main customer access is provided to the establishment. Building frontage is considered continuous if projections or recesses in the building facade do not exceed 10 feet in any direction. For buildings with two or more frontages, the length of the building frontage and allowable sign placement area shall be calculated separately for each building frontage. See Figure 9.56.090-1.

C. The area of an individual sign shall be calculated as follows.

1. Sign area shall include the entire area within a single continuous perimeter composed of squares or rectangles that enclose the extreme limits of all sign elements, including, but not limited to, sign structures or borders, written copy, logos, symbols, illustrations, and color.

Supporting structures such as sign bases and columns are not included in the sign area, provided that they contain no lettering or graphics.

2. Where two faces of a double-faced sign are parallel or located two feet or less from one another at all points or located at an interior angle of 45 degrees or less from one another, the sign area shall be calculated as the area of one face. Where the two faces are not equal in size, the larger sign face shall be used. Where two faces of a double-faced sign are located more than two feet or 45 degrees from one another, both sign faces shall be counted toward the sign area.

3. On a three-faced sign, where at least one interior angle is 45 degrees or less, the sign area shall be calculated as the sum of the largest and the smallest face. In all other situations involving a sign with three or more sides, the sign area shall be calculated as the sum of all faces.

4. Three-dimensional signs. The size of signs that consist of, or have attached to them, one or more three-dimensional objects (i.e., balls, cubes, clusters of objects, sculpture, or statuelike trademarks) shall be calculated as the sum of the square footage of the two adjacent sides of the smallest theoretical cube that would encompass the sign.

October 10, 2024 Pg. 215
City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 157 2024
Figure 9.56.090-1
Building Frontage Calculation Examples
October 10, 2024 Pg. 216
City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 158 2024
Figure 9.56.090-2
Illustration of three-faced and three-dimensional signs D. The height of a sign shall be calculated as follows:

1. Building sign height. The height of a building sign shall be the vertical distance measured from the ground level directly beneath the sign to the highest point at the top of the sign, including any structural or architectural components of the sign.

2. Freestanding sign height. The height of a freestanding sign shall be measured as the vertical distance from grade at the edge of the right-of-way along which a freestanding sign is placed to the highest point of the freestanding sign, including any structural or architectural components of the sign. When the grade at the edge of the right-of-way is higher than the site on which the sign is placed, that portion of the sign below the grade at the edge of the right-of-way shall not be included in determining the freestanding sign’s overall height.

Freestanding signs oriented towards a freeway shall be measured from the site’s finished grade or pad, whichever is lower.

3. Freestanding sign height clearance. Sign clearance shall be measured as the smallest vertical distance between the finished grade and the lowest point of the sign, including any framework or other embellishments.

4. Shopping center signs. For the purpose of determining the allowed number and size of signs, an integrated shopping center shall be considered as one site.

E. Illustrations of rules for sign measurement are shown in Figure 9.56.090-3. If an interpretation discrepancy exists between the illustrations and the text of this section, the text shall prevail.

October 10, 2024 Pg. 217
City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 159 2024
Figure 9.56.090-3
Illustration of Rules for Sign Calculation & Height Measurement

9.56.100 Sign standards on developed sites by zone district.

A. For the purpose of this chapter, signs are grouped into four types: permanent building signs, permanent freestanding signs, temporary building signs, and temporary freestanding signs.

Figure 9.56.100-1 illustrates the types of signs. The sign types are also defined in Section

9.56.370 Definitions.

B. This section establishes standards for the number of signs, size of signs, placement of signs, and illumination of signs for developed sites based on the zone district in which the signs are located. New signs placed on private property shall conform to these standards.

1. Table 9.56.100-1 establishes sign standards for residential uses in residential zones.

2. Table 9.56.100-2 establishes sign standards for commercial and office uses in residential zones.

3. Table 9.56.100-3 establishes sign standards for residential uses in all non-residential zones.

4. Table 9.56.100-4 establishes sign standards for commercial and office uses in Community Commercial, Highway Commercial, and Service Commercial zones.

5. Table 9.56.100-5 establishes sign standards for commercial and office uses in the Downtown Commercial zone.

6. Table 9.56.100-6 establishes sign standards for commercial and office uses in the Public Facilities and Open Space zones.

October 10, 2024 Pg. 218
City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 160 2024

7. Table 9.56.100-7 establishes sign standards for commercial, office, and industrial uses in all agricultural zones.

8. Table 9.56.100-8 establishes sign standards for commercial, office, and industrial uses in all industrial zones.

9. For the purpose of the tables identified in this section, uses that are not considered residential, office, or industrial shall be considered commercial uses. This includes public assembly and community uses.

10. Sign standards for uses within a Planned Unit Development Overlay zone shall be those standards in the tables in this section established for the zoning district that are equivalent to the site’s General Plan Land Use Designation per Section 9.06.030 B. (“Base Zoning Districts”). Special standards for signs may be established with the adoption of the Planned Unit Development Overlay zone that modify and supersede the standards in this section.

Figure 9.56.100-1
Illustration of Types of Signs
October 10, 2024 Pg. 219
City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 161 2024
Table 9.56.100-1
Sign Standards for Residential Uses in All Residential Zones Use Type of Sign Number of Signs Maximum Size
of Sign Face
Maximum
Sign
Placement
Type of Illumination
Applicable zone districts: Residential Estate, Low Density Residential, Medium Density Residential, and High Density Residential as well as other districts if the listed use has been developed there.

One to
four
residences
on the
parcel
Permanent
Building Sign 1 per residence. 2 square feet 8 feet
External illumination or
internal illumination
allowed in accordance with
Section 9.56.160
Permanent
Freestanding
Sign
No permanent
freestanding signs
allowed.

N/A N/A N/A
Temporary
Building Sign 1 per parcel. 12 square feet
2 feet below
bottom of
roofline
No illumination
Temporary
Freestanding
Sign
Up to 1 per unit on the
property.

Up to 4 square
feet
Up to 2 feet
high No illumination
More than
four
residences
on the
parcel
Permanent
Building Sign
1 for each street
frontage that is longer
than 25 feet, up to a
maximum of 2 signs,
plus 1 additional sign
if cumulative street
frontage is more than
400 feet.
24 square feet
per sign
20 feet above
base of
building
External & internal
illumination allowed in
accordance with Section

9.56.160
Permanent
Freestanding
Sign
1 per public driveway
entrance. The sign
must be a monument
sign.
24 square feet
6 feet
except no
higher than 4
feet if it is
inside the
Corner Cutoff
Area
External & internal
illumination allowed in
accordance with Section

9.56.160
Temporary
Building Sign Up to 2 per parcel.
16 square feet
cumulative of all
temporary signs
2 feet below
bottom of
roofline
No illumination
Temporary
Freestanding
Sign
Up to 5 per parcel.
1 sign up to 16
square feet, all
others up to 4
square feet
1 sign up to 5
feet high, all
others up to 3
feet high
No illumination
October 10, 2024 Pg. 220
City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 162 2024
Table 9.56.100-2
Sign Standards for Commercial and Office Uses in All Residential Zones Use Type of
Sign Number of Signs Maximum Size of Sign Face
Maximum
Sign
Placement
Type of
Illumination
Applicable zone districts: Residential Estate, Low Density Residential, Medium Density Residential, and High Density Residential
Commercial
and office
uses
Permanent
Building
Sign
1 per building
frontage. New can or
cabinet signs are not
allowed as a sign
type if sign is
internally
illuminated.
1 square foot per
lineal building
frontage on the
main frontage,
and 1/2 square
foot per lineal
building frontage
on other allowed
building frontages
2 feet below
height of
building
wall
External & internal
illumination allowed
in accordance with
Section 9.56.160
Permanent
Freestanding
Sign
1 per parcel. The sign
must be a monument
sign.
24 square feet
6 feet
except no
higher than
4 feet if it is
inside the
Corner
Cutoff Area
External & internal
illumination allowed
in accordance with
Section 9.56.160
Temporary
Building
Sign
1 sign regardless of
number of residential
units on the parcel.
8 square feet
2 feet below
bottom of
roofline
No illumination
Temporary
Freestanding
Sign
1 per parcel. 4 square feet 3 feet high No illumination October 10, 2024 Pg. 221
City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 163 2024
Table 9.56.100-3
Sign Standards for Residential Uses in Non-residential Zones Use Type of
Sign Number of Signs Maximum Size of Sign Face
Maximum
Sign
Placement
Type of
Illumination
Applicable zone districts: Community Commercial, Downtown Commercial, Highway Commercial, Service Commercial, Public Facilities, Open Space, Intensive Agriculture, Extensive Agriculture, Light Industrial, and Heavy Industrial.

Residential
uses
Permanent
Building
Sign
1 sign regardless of
the number of
residential units on
the parcel.
1 square foot per lineal
building frontage on the
main frontage, and 1/2
square foot per lineal
building frontage on other
allowed building frontages
8 feet
Internal
illumination
allowed in
accordance
with Section

9.56.160
Permanent
Freestanding
Sign
1 per residential
driveway entrance.

The sign must be a
monument sign,
except within the
Highway
Commercial zone.
24 square feet
10 feet
except no
higher than
4 feet if it is
inside the
Corner
Cutoff Area
External &
internal
illumination
allowed in
accordance
with Section

9.56.160
Temporary
Building
Sign
1 sign regardless of
number of
residential units on
the parcel.
8 square feet
2 feet below
bottom of
roofline
No
illumination
Temporary
Freestanding
Sign
1 per parcel. 4 square feet 3 feet high No
illumination
October 10, 2024 Pg. 222
City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 164 2024
Table 9.56.100-4
Sign Standards for Commercial and Office Uses in Community Commercial, Highway Commercial, and Service Commercial zones
Use Type of
Sign Number of Signs Maximum Size of Sign Face
Maximum
Sign
Placement
Type of
Illumination
Applicable zone districts: Community Commercial, Highway Commercial, and Service Commercial Commercial
and office
uses
Permanent
Building
Sign
No maximum
number.
1 square foot per 1 lineal
foot on the main building
frontage up to a maximum
of 350 square feet, and 1/2
square feet per 1 lineal foot
on other allowed building
frontages up to a maximum
of 100 square feet
2 feet below
height of
building
External &
internal
illumination
allowed in
accordance
with Section

9.56.160
Permanent
Freestanding
Sign for
Individual
Businesses.

See note
below.
1 per each street
frontage longer
than 25 feet.

The sign must be a
monument sign,
except within the
Highway
Commercial zone.
40 square feet per face.
8 feet except
no higher
than 4 feet if
it is inside
the Corner
Cutoff Area
External &
internal
illumination
allowed in
accordance
with Section

9.56.160
Temporary
Building
Sign
1 for each business
establishment or
separate use with
an exterior building
wall.
16 feet per sign
2 feet below
bottom of
roofline or
parapet
External
illumination
allowed in
accordance
with Section

9.56.160
Temporary
Freestanding
Sign
1 for each business
establishment or
separate use with
an exterior building
wall; if there are
more than 4
businesses on the
site, then 1
additional sign for
every street
frontage.
4 square feet for each
separate business; 32 square
feet for the 1 additional sign
for each street frontage
3 feet high
for each
separate
business
sign; 8 feet
for the 1
additional
sign for each
street
frontage
External
illumination
allowed in
accordance
with Section

9.56.160
NOTE: In addition to the above, “Shopping Center Signs” are allowed per the provisions of Section 9.56.130.

October 10, 2024 Pg. 223
City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 165 2024
Table 9.56.100-5
Sign Standards for Commercial and Office Uses in the Downtown Commercial Zone Use Type of
Sign
Number of
Signs
Maximum Size of Sign
Face
Maximum
Sign
Placement
Type of
Illumination
Applicable zone districts: Downtown Commercial
Commercial
and office
uses, i.e., all
nonresidential
uses
Permanent
Building
Sign
1 per building
frontage that
does not face a
residential use
(excluding blade
signs). New can
or cabinet signs
are not allowed
as a sign type.
1 square foot per 1 lineal
foot of building up to a
maximum of 75 square feet;
1 foot below
height of
building
External &
internal
illumination
allowed in
accordance
with Section

9.56.160
Permanent
Freestanding
Sign
No permanent
freestanding
signs allowed.

No permanent freestanding
signs allowed
No
permanent
freestanding
signs
allowed
No permanent
freestanding
signs allowed
Temporary
Building
Sign
1 per tenant. 16 square feet
2 feet below
bottom of
roofline or
parapet
No
illumination
Temporary
Freestanding
Sign
Not allowed
unless within
Downtown
Overlay zone;
See Section

9.56.110.
10 square feet per side 6 feet
External
illumination
allowed in
accordance
with Section

9.56.160
October 10, 2024 Pg. 224
City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 166 2024
Table 9.56.100-6
Sign Standards* for Commercial and Office Uses in Public Facilities and Open Space zones Use Type of
Sign Number of Signs Maximum Size of Sign Face
Maximum
Sign
Placement
Type of
Illumination
Applicable zone districts: Public Facilities, Open Space Commercial
and office
uses,
Permanent
Building
Sign
1 per building
plus 1 for each
tenant with more
than 20 feet of
building frontage.
35 square feet per sign, or
50 square feet if two or
more allowed signs are
combined into 1 shared sign
4 feet below
height of
building
External
illumination
allowed in
accordance
with Section

9.56.160
Permanent
Freestanding
Sign
1 per driveway
entrance.

The sign must be
a monument sign.
24 square feet
6 feet except
no higher
than 4 feet if
it is inside
the Corner
Cutoff Area
External &
internal
illumination
allowed in
accordance
with Section

9.56.160
Temporary
Building
Sign
No specific limit
– As needed to
perform public
functions.

No specific limit – As
needed to perform public
functions
2 feet below
bottom of
roofline or
parapet
No
illumination
Temporary
Freestanding
Sign
No specific limit
– As needed to
perform public
functions.

No specific limit – As
needed to perform public
functions
No specific
limit – As
needed to
perform
public
functions
No
illumination
*Standards do not apply to City of Avenal signage.

October 10, 2024 Pg. 225
City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 167 2024
Table 9.56.100-7
Sign Standards for Commercial, Office, and Industrial Uses in Agricultural Zones Use Type of
Sign
Number of
Signs
Maximum Size of Sign
Face
Maximum
Sign Height
Type of
Illumination
Applicable zone districts: Intensive Agriculture, Extensive Agriculture Commercial,
office, and
industrial
uses,
Permanent
Building
Sign
1 per building. 36 square feet 8 feet
External &
internal
illumination
allowed in
accordance
with Section

9.56.160
Permanent
Freestanding
Sign
1 per parcel.

The sign must be
a monument
sign.
24 square feet
6 feet except
no higher
than 4 feet if
it is inside
the Corner
Cutoff Area
External
illumination
allowed in
accordance
with Section

9.56.160
Temporary
Building
Sign
1 for each
business
establishment or
separate use with
an exterior
building.
16 square feet per sign
2 feet below
bottom of
roofline or
parapet
No
illumination
Temporary
Freestanding
Sign
1 for each
business
establishment or
separate use with
an exterior
building wall. If
there are more
than 4 businesses
on the site, then
1 additional sign
for every street
frontage.
4 square feet for each
separate business. 32square
feet for the 1 additional sign
for each street frontage
3 feet high
for each
separate
business
sign. 8 feet
for the 1
additional
sign for each
street
frontage
No
illumination
October 10, 2024 Pg. 226
City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 168 2024
Table 9.56.100-8
Sign Standards for Commercial, Office, and Industrial Uses in All Industrial Zones Use Type of
Sign
Number of
Signs
Maximum Size of Sign
Face
Maximum
Sign Height
Type of
Illumination
Applicable zone districts: Light Industrial, Heavy Industrial Industrial,
Commercial,
and office
uses, i.e., all
non-residential
uses
Permanent
Building
Sign
Up to 3 per
building.
1 square foot for each lineal
foot of street frontage up to
a maximum of 500 square
feet; maximum size is for
the sum of all signs
2 feet below
height of
building
External &
internal
illumination
allowed in
accordance
with Section

9.56.160
Permanent
Freestanding
Sign
1 per driveway
entrance.

The sign must
be a monument
sign.
24 square feet
10 feet
except no
higher than
4 feet unless
it is outside
the Corner
Cutoff Area
External &
internal
illumination
allowed in
accordance
with section

9.56.160
Temporary
Building
Sign
1 for each
business
establishment
or separate use
with an exterior
building wall.
16 square feet per sign
2 feet below
bottom of
roofline or
parapet
No
illumination
Temporary
Freestanding
Sign
1 for each
business
establishment
or separate use
with an exterior
building wall; if
there are more
than 4
businesses on
the site, then 1
additional sign
for every street
frontage.
4 square feet for each
separate business; 32 square
feet for the 1 additional sign
for each street frontage
3 feet high
for each
separate
business
sign; 8 feet
for the 1
additional
sign for each
street
frontage.

No
illumination
October 10, 2024 Pg. 227
City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 169 2024

9.56.110 Mixed-Use Overlay zone.

A. The sign standards for non-residential uses in Section 9.56.100 are superseded by this section for parcels located within the Mixed-Use Overlay zone. The area of the Mixed-use overlay zone is defined as the area shown on the adopted Zoning Map.

B. In place of signs allowed in Section 9.56.100, this section establishes standards for the number of signs, size of signs, placement of signs, and illumination of signs for non-residential uses in the Mixed-Use Overlay zone. Table 9.56.110-1 establishes specific regulations for nonresidential uses for permanent building signs, permanent freestanding signs, temporary building signs, and temporary freestanding signs.

C. In addition to signs allowed in Section 9.56.100, one additional permanent building sign oriented to pedestrians may be allowed up to 10 square feet. The sign type is limited to a projecting sign, an arcade, or a hanging sign. A minimum eight-foot clearance shall be provided under signs hanging over pedestrian paths of travel.

D. In addition to signs allowed in Section 9.56.100, window signs placed on the inside of the window are allowed. Signs shall not cover more than 20 percent of the window.

October 10, 2024 Pg. 228
City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 170 2024
Table 9.56.110-1
Sign Standards for Non-residential Uses in the Mixed-Use Overlay Zone Type of
Sign Number and Type of Signs Maximum Size of Sign Face Maximum Sign Height Type of
Illumination
Applicable to non-residential uses in Mixed-Use Overlay zone:

Permanent
Building
Sign
Maximum size of sign per
frontage is cumulative and
may be 1 sign or divided into
multiple signs. Signs may
include awning signs, blade
signs in accordance with
Section 9.56.110(E), or
canopy-mounted signs.
1 square foot per 1 lineal foot
of building frontage if a multistory building contains nonresidential uses in one of the upper floors, the maximum
sizes shall be increased by 50
percent.
2 feet below
the roofline
or parapet
for singlestory
buildings;
No more
than 15 feet
above the
roofline for
multi-story
buildings
Internal
illumination
allowed in
accordance
with section

9.56.160
Permanent
Freestanding
Sign
1 permanent freestanding sign
allowed only if the building
does not directly front on the
public sidewalk.
24 square feet
6 feet
except no
higher than
4 feet if it is
inside the
Corner
Cutoff Area
Internal
illumination
allowed in
accordance
with section

9.56.160
Temporary
Building
Sign
1 per business; all corners of
the signs shall be attached to
the building.
16 square feet
2 feet below
the roofline
or parapet
for singlestory
buildings;
30 feet for
multi-story
buildings
No
illumination
Temporary
Freestanding
Sign
1 per business; sign type
limited to A-frame or
structurally similar type of
sign placed on the site or
adjacent sidewalk within 15
feet of the building entrance;
sign shall be placed so that a
minimum 4-foot-wide
pedestrian path of travel is
maintained on the sidewalk.
10 square feet per side 6 feet No
illumination
October 10, 2024 Pg. 229
City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 171 2024
E. Blade signs are counted towards the maximum allowed permanent building sign area for a particular parcel. Blade signs may be permitted in the Mixed-Use Overlay zone by an application for administrative staff review through the Community Development Department if the following requirements are met:

1. A blade sign must have a vertical clearance of eight feet above the sidewalk or other public right-of-way and cannot exceed a height of more than six feet above the height of the entryway of the building on which the sign is mounted or as otherwise approved by the Planning Commission through the approval of a comprehensive master sign program.

2. A blade sign shall not exceed five square feet of signage per side, shall be placed at least six inches away from the building wall and the edge of the sign nearest the building, and shall not project more than 42 inches from the building wall on which it is mounted.

3. A blade sign must be attached by a wrought iron or similar metal framework to the building wall. Materials, color, and arrangement of the sign shall be compatible and consistent with the building and neighboring structures.

9.56.120 Freeway-oriented signs.

A. The sign standards in Section 9.56.100 are modified in accordance with this section for uses located within the Highway Commercial zone.

B. In addition to the signs allowed in Section 9.56.100, parcels in the Highway Commercial zone with a commercial use may, upon issuance of a freeway-oriented sign permit, establish a pole sign or a pylon sign consistent with the following standards:

1. There shall be a maximum of one such pole or pylon sign per parcel.

2. The sign shall have a maximum of two sides.

3. The maximum size shall be 100 square feet per side.

4. The maximum height shall be 90 feet.

5. The sign shall be set back a minimum of 10 feet from all property lines and rights-of-way.

6. The sign shall be set back a minimum of 40 feet from any residential zone district.

7. The sign shall be located in a landscaped planter at least three feet wider than the base of the sign on all sides. The planter may encroach into the required minimum sign setback areas.

C. In lieu of the single sign allowed in subsection B above, up to six multiple commercial uses that are located on the same parcel or uses that are located on adjacent parcels may, upon issuance of a freeway-oriented sign permit, establish a pylon sign consistent with the following standards:

1. There shall be a maximum of one pylon sign per parcel.

2. The sign shall have a maximum of two sides.

3. The maximum size shall be 100 square feet per commercial use per side.

4. The maximum height shall be 90 feet.

5. The sign shall be set back a minimum of 15 feet from all property lines and rights-of-way.

October 10, 2024 Pg. 230
City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 172 2024

6. The sign shall be set back a minimum of 80 feet from any residential zone district.

7. The sign shall be located in a landscaped planter at least five feet wider than the base of the sign on all sides. The planter may encroach into the required minimum sign setback areas.

D. Freeway-oriented signs may be internally lit but shall not be externally lit. Signs must be compliant with all applicable California Department of Transportation (Caltrans) regulations and Chapter 2 of the California Manual on Uniform Traffic Control Devices (MUTCD), which contains guidance for signs on highways and private roads.

9.56.130 Additional shopping center signs.

A. Shopping centers or office complexes with a mix of retail and/or professional office tenants having a combined total of 25,000 square feet or more of gross floor area and located within a commercial zone may be allowed an additional permanent freestanding or permanent building sign beyond what is allowed in Section 9.56.100 if the sign conforms to the following provisions:

1. The shopping center sign may advertise the name of the center, the tenants in the center, or both the center and tenant names. Tenant advertising on a shopping center sign is not counted as part of the overall sign area permitted by Table 9.56.100-4. The area of the name of the shopping center is in addition to the permitted copy area. Only advertising for businesses located on the parcel is allowed.

2. The sign may be illuminated unless adjacent to residential uses, in which case the Director may require conditions on the type of illumination to protect against negative effects on the adjacent residential uses. The sign must be constructed of a material that is compatible with the texture and materials of the shopping center buildings. Individual letters and logos may be internally illuminated.

3. Materials, color, and arrangement shall be compatible and consistent with the shopping center buildings.

4. A maximum of two shopping center signs on one arterial street may be allowed. At least 400 feet of combined arterial street frontage is required to qualify for one sign, except that shopping centers existing at the time of adoption of this section meeting all other requirements of this section are not bound by this requirement. An additional 800 feet of frontage is required for a second sign.

5. The maximum height and size allowances for shopping center signs are determined by zone. See Table 9.56.130-1 below:

October 10, 2024 Pg. 231
City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 173 2024
Table 9.56.130-1
Shopping Center Sign Size
Community Commercial /
Downtown Commercial / MixedUse Overlay zone
Service Commercial / Highway
Commercial zone
Maximum Height (as
measured from top of
sidewalk or curb)

12.5 feet plus 2 feet for
appurtenances.
25 feet high plus 3 feet for
appurtenances
Structure Area

12.5 feet high maximum by 8 feet
wide maximum. 100 square feet per
face maximum.
20 feet high maximum by 13 feet
wide maximum. 260 square feet per
face maximum.

Sign Area 50% of Structure Area, not to exceed
50 square feet per face.
50% of Structure Area, not to exceed
130 square feet per face

6. A minimum of 10 square feet is required for each tenant displayed on a shopping center sign.

7. The width of the foundation base of a shopping center permanent freestanding sign shall be a minimum of 80 percent of the sign face.

8. The sign structure shall have a minimum three-foot setback from any property line.

9. A building permit application to construct a shopping center sign shall be signed by all property owners of the shopping center.

B. With the adoption of a comprehensive master sign program in accordance with Section

9.56.200, a shopping center or office complex with a mix of retail and/or professional office tenants may be eligible for “bonus” sign area greater than allowed under an overall sign area permitted by Section 9.56.100.

1. A “bonus” of up to 30 percent shall be granted if a permanent copy is included on the shopping center sign that states “City of Avenal,” “Welcome to Avenal,” or equivalent language, as approved by the Planning Commission.

2. A “bonus” of up to 60 percent may be granted, pending approval by the Planning Commission, if enhanced design features (such as additional landscaping, water features, decorative artwork, seating areas, etc.) are incorporated into the shopping center.

3. A “bonus” of up to 70 percent may be granted if the criteria of both “A” or “B” above are met.

4. A “bonus” that would allow a “changeable copy sign” of no more than 50 percent of the total sign area to be incorporated into the shopping center sign, and if the owner agrees to allow the City to advertise City or community/City-Sponsored events, at the discretion of the City, on the sign on a continuous and ongoing basis as part of a continuous rotation of advertising or as otherwise defined by the Planning Commission. The Planning Commission may increase the total sign area and/or reduce the amount of City advertising for unique circumstances, such as motion picture/performing arts theaters. Other than those City events above, the changeable copy sign shall not advertise any business, commodity, October 10, 2024 Pg. 232
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service, industry, or other activity that is not sold, offered, or conducted on the premises upon which the sign is located or affixed.

5. A “bonus” consisting of an increased maximum allowable height of a shopping center sign, not to exceed 50 percent of the maximum allowable height spelled out in the table in Section 9.56.100, may be granted, pending approval by the Planning Commission if the criteria for either “A” or “B” above are met and/or if the shopping center is located on the corner of two arterial streets, as defined in the Avenal General Plan.

9.56.140 Temporary building sign standards.

A. Temporary building signs in non-residential zones shall only be allowed for a total of six months in any 12-month period for any single parcel or business.

B. Temporary building signs in non-residential zones over four square feet in size that will be in place for more than 30 days shall require a temporary sign permit. With such a permit, the signs may be up to 30 square feet in size and may be in place for up to six months.

C. Feather banners, balloons, and banners shall not be used as permanent signs.

D. Temporary building signs shall not be internally illuminated.

9.56.150 Temporary freestanding sign standards.

A. Feather banners and balloons will be allowed only for grand openings and are not to exceed being on display in excess of 20 days.

B. Feather banners and balloons shall not be used as permanent signs.

C. Banners and feather banners shall be constructed of durable, weather-resistant materials not subject to rapid deterioration or fading and shall be professional in appearance. Acceptable materials include but are not limited to, vinyl, nylon-reinforced vinyl, polyethylene or polyester-like materials, or durable fabric.

D. Temporary freestanding signs in non-residential zones shall not be placed in the following locations:

1. In any public right-of-way, including sidewalks, except as allowed by Section 9.56.110 in the Mixed-Use Overlay zone.

2. In parking lot driving lanes, drive aisles, or parking spaces.

3. On multi-use trails or sidewalks on private property, if they would block a four-foot-wide pedestrian path of travel.

4. Any location where the sign would block the pedestrian path of travel or access to a building or reduce a pedestrian path of travel to less than four feet wide.

5. Within 20 feet on either side or in front of a permanent freestanding sign.

6. Within 20 feet of an adjoining property line.

7. Within 20 feet from any other temporary freestanding sign.

8. Within five feet of a public right-of-way.

E. Temporary freestanding signs shall be affixed to supporting structures made of a durable, rigid material such as, without limitation, wood, plastic, or metal. Freestanding signs placed on hard October 10, 2024 Pg. 233
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surfaces in conformance with this chapter are exempt from this subsection provided they have a weight and mass that makes them difficult to inadvertently move, they do not block a fourfoot-wide pedestrian path of travel, do not have any motorized or other such mechanism to cause them to move or flutter, and are only displayed between one hour before and one hour after the site’s establishment is open for business.

9.56.160 Illumination standards for signs.

The illumination of signs, from either an internal or external source, must be designed to avoid negative impacts on surrounding rights-of-way and properties. The following standards apply to all illuminated signs:

A. Sign lighting shall not be of an intensity or brightness that will create a nuisance for residential uses in a direct line of sight to the sign. Light sources shall be shielded from all adjacent buildings and streets. The lighting shall not create excessive glare to pedestrians and/or motorists and will not obstruct traffic control or any other public informational signs.

Illuminated signs located adjacent to any residential area shall be controlled by a rheostat or other acceptable method to reduce glare.

1. Illumination of signs shall be limited to a maximum illumination of 465 lumen per square foot (or 5,000 nits) during daylight hours and a maximum illumination of 47 lumen per square foot (or 500 nits) between dusk to dawn as measured from the sign’s face. It is strongly recommended that automatic dimmers be installed in the sign.

2. Signs in residential zones may only be indirectly illuminated by a concealed light source, shall not remain illuminated between the hours of 11:00 p.m. and 6:00 a.m., and shall not flash, blink, or fluctuate. Illuminated signs in residential zones must also be located on an arterial or collector street.

B. Internally illuminated signs shall be designed with an opaque, semi-opaque, or matte finish background on the sign face. Internally illuminated signs shall only be located on arterial or collector streets. Internally illuminated signs must not be located within 100 feet of a residential zone.

C. Light sources for externally illuminated signs shall meet the following standards:

1. Low-pressure sodium lighting is the preferred light source to minimize undesirable light in the night sky.

2. High-pressure sodium, metal halide, fluorescent, quartz, LED, and incandescent light sources shall be fully shielded.

3. Metal halide and fluorescent light sources shall be filtered. Most glass, acrylic, or translucent enclosures satisfy these filter requirements.

4. Mercury vapor light sources shall be prohibited.

D. External conduits, boxes, and other connections related to the function of a sign and associated lighting shall not be exposed nor pass through a public right of way.

9.56.170 Sign regulations on undeveloped or developing sites.

A. Undeveloped sites shall be allowed a maximum of two temporary freestanding signs with a maximum size of 32 square feet each. The maximum height shall be 10 feet. Signs shall be set October 10, 2024 Pg. 234
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back at least 10 feet from all property lines and the public right-of-way. Illumination of the sign is prohibited.

B. Developing sites, i.e., construction sites, shall be allowed a maximum of two temporary freestanding signs or temporary building signs with a maximum size of 32 square feet each.

The maximum height shall be 10 feet. Signs shall be set back at least 10 feet from all property lines and the public right-of-way. Illumination is prohibited. Temporary signs that are not visible from any public right-of-way shall not be counted in the maximum number or size of signs.

C. In addition to any sign permitted pursuant to subsection B above, residential subdivision sites where 10 or more new residences are offered for sale shall be allowed one temporary building sign or freestanding sign of a maximum size of 32 square feet. Illumination of the sign is prohibited. The maximum height shall be 10 feet. Additional temporary signs, temporary freestanding signs, and flags may be maintained within the boundaries of a residential subdivision provided that they are not visible from outside the residential subdivision and do not create a safety hazard by obstructing the clear view of pedestrian and vehicular traffic.

D. Construction locations (example: remodel of a building) Signs may be placed during a construction event pursuant to the conditions of a permit issued by the City on the lot.

Construction events begin on the date of the local structural permit approval and end on the date the permit is final or expires.

9.56.180 Signs placed in windows.

A. Signs affixed to windows shall not cover more than 20 percent of each window and shall be placed so that there is an unobstructed view of the interior of the premises.

B. Signs in windowsshall not be counted toward the maximum allowable temporary or permanent building sign size.

9.56.190 Signs in public rights-of-way.

Only a governmental agency with authority over public right-of-way may place signs in the public right-of-way, with the following specific exceptions:

A. Building signs may be located in the Downtown Overlay zone that project into the public rightof-way, provided that the width of the projecting sign is a maximum of four feet and that the bottom of the sign is eight feet above the sidewalk or finished grade below it. An encroachment permit or licensing agreement is required.

B. Building signs located on or under awnings in the Downtown Overlay zone that meet the provisions of this chapter.

C. Temporary freestanding signs placed on the public sidewalk in the Downtown Overlay zone that meet the provisions of this chapter and when a minimum four-foot-wide clear path of travel is provided.

D. Government agencies, public institutions, and non-profit organizations may place banners on existing light poles in the public right-of-way, subject to a sign permit issued by the Community Development Director and, if deemed necessary, an encroachment permit/license agreement issued by the City Engineer.

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9.56.200 Comprehensive master sign programs.

A. The purpose of the comprehensive master sign program provisions is to provide a coordinated and flexible design approach to signage for Avenal’s commercial districts, industrial districts, and office parks. A master sign program is required for any site that contains more than three commercial establishments in a shopping center, industrial park, or office park.

B. The comprehensive master sign program shall consist of all permanent building signs and permanent freestanding signs on the premises that can be viewed from a public street. The comprehensive master sign program shall establish a comprehensive design theme and set forth size, location, illumination, materials, and other design requirements for all signs.

C. A comprehensive master sign program may be approved by the Community Development Director as an administrative use permit. The Planning Commission may approve a master sign program when it is proposed with a development project that requires a conditional use permit if the information is available at the time of conditional use permit issuance. Otherwise, the Director may approve with an administrative use permit.

D. A comprehensive master sign program shall not be used to grant a special privilege nor provide more visibility or exposure than is available to similarly situated properties.

E. Comprehensive master sign programs shall feature a unified and coordinated approach to the materials, color, size, type, placement, and general design of signs proposed for a project or property.

F. Reasonable conditions of approval may be imposed to achieve the purposes of this section and ensure internal sign design consistency on the site.

G. After approval of a comprehensive master sign program, no sign shall be erected, placed, painted, or maintained except in conformance with such program, and such program shall be enforced in the same way as any provision in this section.

H. The master sign program and all conditions of approval applicable to a site shall be included with lease agreements for all leasable space subject to the comprehensive master sign program.

I. Approval of a comprehensive master sign program does not waive the permit requirements for individual signs that are subject to the program.

J. The Director may approve amendments to a comprehensive master sign program or, at the Director’s discretion, may be referred to the original approving body.

K. Proposed amendments to a comprehensive master sign program shall include written concurrence by the affected property owners.

9.56.210 Off-site temporary signs for residential subdivisions.

A. Residential subdivision sites where 10 or more new residences are offered for sale shall be allowed up to four off-site temporary freestanding signs with a size not to exceed 32 square feet each and a height not to exceed 10 feet. Signs shall be located on private, non-residential zoned parcels or on private, residential zoned parcels that are part of a residential subdivision under construction, vacant, and otherwise free from any structures or buildings. Banners and flags with or without an advertising message shall not be permitted off-site.

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B. In addition to any sign permitted pursuant to subsection A above, up to four non-illuminated off-site temporary freestanding signs in an A-frame configuration, with a size not to exceed 12 square feet per face or four feet in height, may be permitted per residential subdivision. Aframe signs shall be located on private, non-residential property or on public property behind any existing sidewalks and in such a manner so as not to create a safety hazard by obstructing the clear view of, or otherwise hinder or impede, pedestrian and vehicular traffic. A-frame signs may only be displayed during operating hours for the residential subdivision sales office and shall be located no further than 1,500 feet from the subject residential subdivision entry.

9.56.220 Historic signs.

A. Notwithstanding any other provision of this chapter, a sign which has been designated a historic resource shall not be subject to the requirements of this chapter, other than the requirement to obtain applicable building permits.

B. The Planning Commission may allow or require specific refurbishment or alteration of the sign designated as a historic resource. The applicant shall provide illustrations to satisfactorily describe how the sign will look after refurbishment.

C. The Planning Commission may approve a change to the sign copy of a sign designated as a historic resource if it finds that the sign will retain its general historic appearance.

9.56.230 Signs with manual changeable copy.

A. Manual changeable copy is allowed on signs in residential zones or in conjunction with residential uses in non-residential zones. (Examples of uses that may need such signs are public assembly, schools, multi-family, etc.)
p. Manual changeable copy shall represent no more than 20 percent of the total allowable sign area on commercial signs in commercial or industrial zones. q. This section shall not apply to signs that indicate the price of motor vehicle fuel in conformance with the State Business and Professions Code that otherwise are in conformance with the other sections of this title. Motor vehicle fuel price signs in conformance with State law shall be allowed and are exempt from size, height, and other requirements in this Ordinance that might interfere with them meeting the requirements of State law as regards to visibility, the prices being posted for all fuel types, the prices being visible from the public rights-of-way.

9.56.240 Signs with electronic changeable copy.

A. Electronic changeable copy may be allowed on signs in residential zones or in conjunction with residential uses in non-residential zones with an administrative use permit. (Examples of uses that may need such signs are public assembly, schools, multi-family, etc.) B. Electronic changeable copy is allowed as a display medium on freestanding signs in the commercial and industrial zone districts with an administrative use permit if the sign face changes less than once per minute. This includes signs that indicate the price of motor vehicle fuel in conformance with the State Business and Professions Code that otherwise are in conformance with the other sections of this title.

C. Electronic changeable copy is allowed as a display medium on freestanding signs with a conditional use permit issued pursuant to this title where the electronic copy changes more than once per minute.

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D. Signs with an electronic changeable copy shall meet the following standards:

1. The electronic sign face shall be directed in a manner that is not visible from the front or side of residential properties located in a residential zone district.

2. The electronic sign face shall be an integral part of the remainder of the sign area.

3. Electronic copy shall be limited to a maximum illumination of 465 lumen per square foot (or 5,000 nits) during daylight hours and a maximum illumination of 47 lumen per square foot (or 500 nits) between dusk to dawn as measured from the sign’s face. It is strongly recommended that automatic dimmers be installed in the sign.

4. No portion of the electronic changeable copy shall change more frequently than once per minute without an administrative use permit. The maximum electronic changeable copy can be allowed to be once every eight seconds with an administrative use permit. Scrolling, flashing, or other moving messages are not allowed.

5. The electronic sign shall not emit any audible sound, buzz, or noise.

6. Sign copy or electronic picture displays shall be limited to advertising related to the use(s) on the premises on which the freestanding sign is located, except for message substitution, as allowed in Section 9.56.030.

7. No change of lighting intensity may occur during a display or between displays except to respond to a change in ambient lighting conditions.

9.56.250 Digital display signs.

A. Digital display signs are allowed on freestanding signs with a conditional use permit issued pursuant to this title.

B. Digital display signs shall meet the following standards:

1. The digital display sign face shall be directed in a manner that is not visible from the front or side of residential properties located in a residential zone district.

2. The digital display sign face shall be an integral part of the remainder of the sign area and shall be framed with a sign structure border that is a minimum of three inches wide around the edge of the digital display area.

3. The digital display sign shall be limited to a maximum illumination of 465 lumen per square foot (or 5,000 nits) during daylight hours and a maximum illumination of 47 lumen per square foot (or 500 nits) between dusk to dawn as measured from the sign’s face. It is strongly recommended that automatic dimmers be installed in the sign.

4. No portion of the digital display sign face shall change more frequently than once every eight seconds. No portion of the digital display sign face shall flash, blink, or include a video display.

5. The electronic sign shall not emit any audible sound, buzz, or noise.

6. Sign copy shall be limited to advertising related to the use(s) on the premises on which the freestanding sign is located, except for message substitution, as allowed in Section

9.56.030.

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7. No change of lighting intensity may occur during a display or between displays except to respond to a change in ambient lighting conditions.

9.56.260 Flags and flagpoles.

A. Flags that do not include commercial advertising on flagpoles shall not count toward the maximum sign area.

B. Flagpoles shall not be located within any required interior side or rear building setback areas.

Flagpoles may be mounted on the ground or on the roof or wall of a building.

1. The maximum height of a flagpole shall be as follows:

2. Flagpoles located in residential zone districts shall have a maximum height of 35 feet.

C. Flagpoles located in non-residential zones shall have a maximum height of 50 feet if mounted on the ground or 20 feet plus the height of the building if mounted on a building. The maximum height may be increased to 100 feet if the flagpole is located at least 200 feet from any property line or public right-of-way.

D. Flags may be illuminated, provided the lighting is energy efficient, stationary, and spotlighted only on the flag. Lighting shall not spill onto adjoining properties or the public rights-of-way and shall be turned off when the flag is not present.

9.56.270 Searchlights and klieg lights.

Searchlights and klieg lights are prohibited except when used for public safety purposes or when specifically approved with a temporary use permit for a special event. .

9.56.280 Wall murals.

The City Council, Planning Commission, or other Commission may authorize a wall mural.

When authorized, a mural would not be considered a sign for the purposes of this chapter. A wall mural is to be public art, not for the purpose of identifying, advertising, or drawing attention to a particular business, service, or economic activity. In the case that a mural is specifically identifying, advertising, or drawing attention to a particular business, the mural would be counted toward the allowable signage area for the business or activity and shall be subject to a sign permit. Less than five percent of the size of the mural may be used to identify the sponsor of the mural
A. Location
Murals may be located on the sides of buildings and walls on property in any commercial, industrial or public/quasi-public zone district within the City of Avenal.

B. Mural Design Approval
Prior to painting, installation and execution of a mural, an application shall be submitted to the Avenal Planning Commission. The application shall include a detailed drawing or sketch of the mural plus other details as prescribed on the application or deemed by the Commission to be pertinent. In addition, the application shall provide proof that an easement has been secured for the wall on which the mural will be applied.

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The Commission shall forward the application with a recommendation to the City Council. The Council shall review and approve, approve with modifications, or deny the application as submitted.

C. Criteria for Design of Murals

1. The subject matter of the mural shall be of historical or community significance regarding the growth and development of the City of Avenal and it’s surrounding environs or be of such high quality as to be appropriate.

2. The paint to be used shall be appropriate for use in an outdoor locale, for an artistic rendition and shall be of a permanent, long-lasting variety.

3. The mural shall be designed and painted by qualified mural artists with sufficient knowledge in the design and painting of such projects.

To the extent feasible, the mural shall be vandal and graffiti resistant.

9.56.290 Off-premises signs in City right-of-way.

Notwithstanding any other provisions of this title, the City Council may approve, through a special right-of-way leasing agreement, the erection of an off-premises sign within the City right-of-way.

It must be deemed under the City Council to provide community benefit as defined and be under all the following circumstances:

A. The sign shall be for a land use that addresses specific community benefits or priorities (i.e., the provision of groceries in a USDA-defined “food desert,” affordable housing, the provision of needed services within an income-qualified Census Tract, etc.).

B. The size, location, height, and other design standards for the sign shall be determined on a case-by-case basis through the licensing agreement.

C. The sign may incorporate a “changeable copy sign” of no more than 50 percent of the total actual sign area unless otherwise approved by the City Council.

D. The owner of the land use that provides the community benefits shall erect the sign and maintain it at their sole expense.

E. The owner shall agree to allow the City to advertise City or community/City-sponsored events or emergency messages (traffic advisories, amber alerts, etc.), at the discretion of the City, on the sign on a continuous and ongoing basis as part of a continuous rotation of advertising or as otherwise defined by the City Council.

F. Other than those City events above and the land use above that provides community benefits, the changeable copy sign shall not advertise any business, commodity, service, industry, or other activity that is not sold, offered, or conducted on the premises upon which the sign is located or affixed.

9.56.300 Non-conforming signs.

A. A sign of any character lawfully occupying a site prior to the adoption of this chapter or on the effective date of applicable amendments to this chapter that, as a result of the adoption or amendment to, does not conform with the standards for the zone in which it is located, shall be October 10, 2024 Pg. 240
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deemed to be a non-conforming sign, and may be displayed and maintained in said zone subject to the following provisions:

1. Non-conforming signs in existence beyond what provisions are provided for in subsection A above are hereby declared illegal signs and a public nuisance and shall be abated as provided for in Chapter 9.94 abatement procedures.

2. Modifications to non-conforming signs may be allowed if they do not increase the nonconformance, are not structurally altered so as to extend their useful life, and are not expanded, moved, or relocated.

3. Sign copy and sign faces may be changed on non-conforming signs when there is no change in use of the site or when only a portion of a multiple-tenant sign is being changed.

4. A requirement for a non-conforming sign to be removed or altered so as to comply with the requirements of this Ordinance may be imposed as a condition on the approval of a subdivision, conditional use permit, variance, or other discretionary development approval.

In addition, ministerial approval may also require the removal or alteration of the nonconforming sign as a condition of approval when in conjunction with a substantial improvement of said property.

5. Legal non-conforming wall signs shall not prevent the installation of conforming freestanding signs, nor shall legal non-conforming freestanding signs prevent the installation of conforming wall signs.

6. Legal non-conforming signs shall be made to conform with this chapter when there is an improvement or expansion of 25 percent of the assessed valuation of the site on which the sign is located.

9.56.310 Billboards.

No new billboard shall be permitted within Avenal after the adoption of this chapter.

9.56.320 Maintenance of signs.

A. All signs and associated supporting structures shall be maintained in like-new condition, without rips, tears, fading, and similar damage that inevitably occurs as a result of normal wear and aging.

B. All signs shall be reasonably free from deterioration, rot, rust, and loosening so that they do not create a hazard to persons or property or constitute a nuisance.

C. Any sign or sign structure that is sagging, leaning, fallen, decayed, broken, deteriorated, ripped, torn, faded, or other deteriorating or dilapidated condition shall be promptly repaired to the satisfaction of the City or removed in accordance with Chapter 9.94.

D. Graffiti on a sign shall be removed by the property owner (or designee) within two days of notice of its placement on such sign. If graffiti is not removed, it will be subject to Chapter

9.94. 9.56.330 Hazardous signs.

Whenever any sign, by virtue of its physical nature and condition, is deemed by the Director, Chief Building Official, City Engineer, or Public Works Director to be an immediate and serious threat to public safety, City personnel may remove the sign or repair the physical deficiency to the extent October 10, 2024 Pg. 241
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necessary to protect the public safety. The cost of such removal or repair shall be assessed against the sign owner.

9.56.340 Abandoned or obsolete signs.

An on-premises sign advertising an activity, business, service, or product must be removed within 90 days following the actual discontinuance of the activity, business, service, or product. If the sign is not so removed, the Director may have the sign removed in accordance with the public nuisance abatement provisions of this title. A sign structure is not required to be removed; however, the sign face shall be removed or replaced with a blank face or other sign face consistent with this chapter.

9.56.350 Illegal Signs.

Any sign, banner, or sign structure not erected, constructed, or located in conformance with this chapter and not classified as a legal non-conforming sign is an illegal sign and is subject to abatement in accordance with the public nuisance abatement procedures of Chapter 9.94.

9.56.360 Enforcement.

Signs erected after the effective date of this chapter that either do not conform to the provisions of this chapter or are erected without obtaining a required permit are declared to be unlawful and a public nuisance. All signs declared to be unlawful by this chapter, and all persons erecting or maintaining them shall be subject to the provisions of Chapter 9.94 Enforcement and Penalties.

The remedies provided for in this section are cumulative and nonexclusive.

9.56.370 Definitions.

The following terms are defined for this chapter. Illustrations of rules for sign measurement are shown in Figure 9.56.090-1. The accompanying images and Figure 9.56.360-1 are intended to illustrate some of the sign types that are defined in this section. If an interpretation discrepancy exists between the illustrations and the text of this section, the text shall prevail. “A-Frame sign” means a sign made of wood, plastic, or other lightweight and rigid material having the capability to stand on its own support(s) and being portable and movable.
“Animated sign” means a sign with action or motion, whether by flashing lights, color changes, wind, rotation, movement of any parts of the sign or letters or parts of the sign structure, or other motion. “Arcade sign” means a sign suspended from the ceiling of a covered pedestrian walkway, which is attached to the building and oriented perpendicular to the building face to which the covered walkway is attached.

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“Awning sign” means a sign placed on a shelter supported entirely from the exterior wall of a building and composed of a frame covered with nonrigid material.
“Banner” means any flexible material, such as cloth, plastic, vinyl, paper, cardboard, or thin metal, with or without a “message,” attached outdoors to a building, structure, or mounting device or attached indoors to a building, structure, or mounting device to be visible from the exterior of a building, or structure. This definition includes a pennant, scroll, or bunting.
“Barber pole” means a pole with diagonal stripes of red and white or of red, white, and blue used as a sign for a barbershop that may or may not rotate.
“Billboard” means a sign that directs attention to a
business, community service, or entertainment not
exclusively related to the premises where such sign is
located.
“Blade sign” means a pedestrian-oriented, non-internally illuminated double-faced sign comprised of one
individual panel projecting from the building wall on
which it is mounted.
“Business premises” means a specific business occupancy within a building or upon a parcel of land, typically having a specific address and discrete entrance(s) and exit(s). “Can or cabinet sign” means a sign that contains all the text and/or logo symbols within a single enclosed boxshaped cabinet where the translucent face of the sign can be interchanged to change the sign message without
having to remodel the cabinet. It is mounted to a wall or other surface and illuminated from within the cabinet.
“Changeable copy, electronic” or “electronic changeable copy sign” means the display of a message that can
change by means of electronic lights, light emitting
diodes, video screens, or other illuminated electronic or electric format.
“Changeable copy, manual” or “manual changeable copy
sign” means the display of a message that can change by manually arranging and attaching individual letters, numbers, or symbols.
“Electronic digital display sign” means a sign that displays images with or without a message through the use of grid lights, cathode ray projections, light emitting diode displays, plasma screens, liquid crystal displays, fiber optics, or other similar electronic media that may be changed remotely through electronic means.
“Erect” means and includes erect, construct, place, relocate, enlarge, substantially alter, attach, suspend, paint, post, maintain, and display.

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“Externally illuminated sign” means a sign that has light cast on its surface from an artificial exterior source installed for the purpose of illuminating the sign. “Flag” means a flat piece of cloth with distinctive colors, patterns, or symbols used to represent a country or group, having one end of the cloth attached to a vertical staff (directly or by a rope and pulley mechanism) and all other ends freely flowing under the natural movement of the wind. “Freestanding sign” means a sign that is permanently supported on the ground by one or more uprights, braces, poles, or other similar structural components that are not attached to any building.

This category includes both monument and pole signs.
“Frontage, building” means the distance between the two most distant corners of a building measured in a straight line along the building's face.
“Frontage, street” means the distance between the two most distant corners of a site along a single street measured in a line along the street curb, including drive approaches, but excluding curb returns at street intersections.
“Height” means the distance measured vertically from grade to the highest point or portion of the object to be measured.
“Internally illuminated sign” means any sign whose illumination originates from within the structure of the sign and the source of which is not visible from the exterior of the sign. “Install” or “installation” means the act by which a sign is constructed or placed on land or a structure, or the act of attaching, painting, printing, producing, or reproducing, or using any other method or process by which a visual message is presented or placed upon a surface. “Message” means any form of visual communication presented on any type of media. It is not material whether the communication has any logical, practical, literary, or artistic significance or not. It includes any form or combination of letters, graphics, symbols, or designs. The term is not intended to include mono-color paint applied to the exterior, trim, fascia, or other architectural elements of a building for protection against the elements. “Monument sign” means a low-profile freestanding sign
supported by a structural base or other solid structural features other than support poles and may contain
signage on more than one side (see drawing below).
“Mural” means a sign painted on the exterior wall of a
building consisting of graphics or images, either alone or in combination with letters.
“Off-site,” “off-site sign,” or “off-premises sign” refers to a sign or banner that promotes or advertises goods,
services, or activities located or offered on a business premises or parcel that is separate from the parcel where the sign is located, even if the two sites or parcels are contiguous to each other.
“On-site,” “on-site sign,” or “on-premises sign” refers to a sign or banner that promotes or advertises goods, services, or activity located or offered on the business premises or parcel of property where the sign is located.

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City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 186 2024
“Outdoors” means a location on undeveloped property or to the exterior of a building or structure. “Outdoor advertising” refers to the placement of a message on signs or banners located outdoors or indoors in a manner such that the message is visible from the exterior of a building or structure. “Outdoor advertising structure” means a structure erected or maintained for the main purpose of displaying commercial outdoor advertising and located on a site other than the site on which the advertised commercial use is located or on which the advertised commercial product is produced. “Painted sign” refers to a sign that comprises only paint applied on a building or structure. “Parapet wall” means an exterior wall that extends vertically above the roofline. “Parcels” or “property” or similar references or descriptions shall refer to parcels defined or delineated by assessor parcel numbers maintained by the County Tax Assessor or as defined in the Glossary of this Code.
“Pedestrian access” means a doorway that has been designed for the primary use of the patrons or customers of that particular use.
“Permanent sign” means a sign that is solidly attached to a building, structure, or the ground by means of mounting brackets, bolts, welds, or other combination of attachment methods, thereby rendering the sign non-moveable or difficult to reposition without the use of machinery, cutting devices, or mechanical devices. See also “temporary sign.” “Placed” includes constructing, erecting, posting, painting, printing, tacking, nailing, gluing, sticking, carving, or otherwise fastening, affixing, or making visible in any manner whatsoever.
“Pole sign” means a permanently mounted, freestanding sign that is supported above the ground by one or more uprights, braces, poles, or other similar structural components.
“Roofline” means the highest point of a parapet wall or the main roof structure or the highest point of a parapet wall other than such architectural features as cupolas, pylons, projections, or raised portions of the roof.
“Rooftop or roof-mounted sign” means a sign that extends above the ridgeline of the roof of a building or a sign attached to any portion of the roof of a building. Rooftop or roof-mounted signs are not allowed.
“Sign” means any letter or symbol made of cloth, metal, paint, paper, wood, or other material of any kind whatsoever placed for advertising, identification, written expression, or other similar purposes on the ground or on any wall, post, fence, building, structure, vehicle, or on any place whatsoever.
“Sign area” means the geometric area of a sign, including all elements such as board or frames, perforated or solid background, ornamental embellishments, arrows, or other sign media. For the purposes of a freestanding sign, the structural elements necessary to support the sign are included in the sign area.

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City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 187 2024
“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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City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 188 2024
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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City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 189 2024
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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City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 190 2024
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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City of Avenal Municipal Code Title 9 – Zoning Ordinance Draft Zoning Ordinance 192 2024
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.