connect the small residential rooftop energy system to the local utility provider's electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider. (Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
CHAPTER 05 CALIFORNIA ELECTRIC CODE
15.05.010 Title.
This chapter shall be known and cited as the "Ceres Electrical Code" and may hereinafter be referred to as "Ceres Electrical Code." Chapter, division, part, section, subsection, and appendix numbers used in sections
15.05.010 through 15.05.060 those of the California Electrical Code or codes adopted therein by reference. (Ord. No. 2020‐1058 , § 1, 3‐23‐20 20)
15.05.020 Adoption by reference of the California Electric Code.
In order to provide minimum standards for the proper regulation of the installation of electrical systems within the City of Ceres, the 2019 most recent edition of the California Electrical Code, title 24, part 3, and all appendix chapters, published by the National Fire Protection Association (NFPA), as adopted by the Building Standards Commission of the State of California and codified in the California Building Standards Code at title 24, part 3, of the California Code of Regulations, except as specifically repealed or amended by ordinance of the City of Ceres, is hereb
y adopted and made a part of the chapter as though set forth. A true and correct copy of the current California Electrical Code shall be in the office of the City of Ceres Building Division for inspection and use by the public.
(Ord. No. 2020‐1058 , § 1, 3‐23‐2020 )
15.05.030 Administration.
This chapter is to be administered in accordance with section 15.01.040, Administration, unless more specific requirements are given in this chapter.
(Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.05.040 Enforcement.
Enforcement of Ceres Electrical Code shall be in accordance with section 15.02.020, California Building Code Administration, unless more specific requirements are provided in this Municipal Code. (Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.05.050 Article 89.108.4.1.A amended; Work Not Requiring Permit.
Article 89.108.4.1(a) of the California Electric Code is amended to add the following paragraphs:
A. No permit shall be required for the installation, alteration or repair of electrical wiring, services, appliances, apparatus or equipment installed by or for any public utility, municipal corporation or public district for use of such utility, municipal corpora tion or public district in the generation,
ATTACHMENT A
ITEM 14
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(Supp. No. 1)
transmission, distribution or metering of electrical energy, or in the operation of signals with a transmission of intelligence in the exercise of its function as serving utility. (Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.05.060 Article 89.108.9.1.A amended; Dangerous and Unsafe Construction.
Article 89.108.9.1 of the California Electric Code is amended to add the following paragraph:
A. Any portion of an electrical system found by the Building Official to be unsafe as defined by the Health and Safety Code, division 13 or herein is hereby declared to be a nuisance.
B. Whenever it is brought to th e attention of the Building Official that any unsafe equipment or conditions exist or that any construction or work regulated by this Code is dangerous, a nuisance or a menace to life, health of property or otherwise in violation of this Code, the Building Official, upon determining such information to be a fac t, shall order any person, firm or corporation using or maintaining any such equipment or condition or responsible for the use or maintenance thereof, to discontinue the use or maintenance thereof, or to repair, alter, change, remove or demolish the same, as necessary for the proper protection of life, he alth or property. The Building Official may order any person, firm or corporation supplying electricity to such equipment or system to discontinue supplying electricity thereto until such equipment or system is made safe to life, health or property. Every such order shall be in writing, addressed to the permit holder and/ or the owner, agent or person responsible for the premises in which such equipment or condition exists, and shall specify the date or time for compliance with such order.
C. Refusal, failure or neglect to comply with any such notice or order shall be considered a violation of this Code.
D. When an
y electrical system is maintained in violation of this Code and in violation of any notice issued, pursuant to the provisions of this section or where a nuisance exists in any building or on any lot upon which a building is situated, the Building Official shall institute any appro priate action or proceedings in any court of competent jurisdiction to prevent, restrain, correct, or abate the violation or nuisance. (Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
CHAPTER 06 CALIFORNIA PLUMBING CODE
15.06.010 Title.
This chapter shall be known and cited as the "Ceres Plumbing Code" and may hereinafter be referred to as "Ceres Plumbing Code." Chapter, division, part, section, subsection, and appendix numbers used in sections
15.06.010 through 15.06.070 are those of the Ceres Plumbing Code or codes adopted therein by reference. (Ord. No. 2020‐10 58 , § 1, 3‐23‐2020)
15.06.020 Administration.
This chapter is to be administered in accordance with section 15.01.040, Administration, unless more specific requirements are provided in this in chapter.
(Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
ATTACHMENT A
ITEM 14
Created: 2022‐02‐04 16:50:00 [EST]
(Supp. No. 1)
15.06.030 Enforcement.
Enforcement of Ceres Plumbing Code shall be in accordance with section 15.02.020, California Building Code Administration, unless more specific requirements are provided in this Municipal Code. (Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.06.040 Adoption by reference of the California Plumbing Code.
In order to provide minimum requirements and standards for the protection of the public health, safety, and general welfare and to regulate the erection, installation, alteration, addition, repair, relocation, replacement, maintenance, and use of any plumbing system within the City of Ceres, the 2019 most recent edition of the California Plumbing Code, title 24, part 5 and all appendix chapters, published by the International Association of Plumbing and Mechanical Officials (IAPMO), as adopted by the Building Standards Commission of the State of California and codified in the California Building Standards Code at title 24, part 5 of the California Code of Regulations, exce
pt as specifically repealed or amended by ordinance of the City of Ceres, is hereby adopted and made a part of this chapter as though set forth in full. A true and correct copy of the 2019 most recent California Plumbing Code as adopted by this section shall be on file in the office of the City of Ceres Building Division for inspection and use by the public.
(Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.06.050 Section 103.1 of the California Plumbing Code amended; Administrative Authority.
Section 103.1. of the California Plumbing Code is amended for clarification and to read as follows:
The Building Official shall be the authority duly appointed to enforce this Code. Whenever the term "Administrative Authority" is used in the said California Plumbing Code it shall be construed to mean the Building Official or his authoriz ed representative.
(Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.06.060 Section 104.4.3 of the California Plumbing Code deleted; Expiration of Permit.
Section 104.4.3 of the California Plumbing Code is hereby deleted. (Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.06.070 Section 104.5 of the California Plumbing Code deleted; Permit Fees.
Section 104.5 of the California Plumbing Code is hereby deleted. (Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
CHAPTER 07 CALIFORNIA MECHANICAL CODE
ATTACHMENT A
ITEM 14
Created: 2022‐02‐04 16:50:00 [EST]
(Supp. No. 1)
15.07.010 Title.
This chapter shall be known and cited as the "Ceres Mechanical Code" and may hereinafter be referred to as "Ceres Mechanical Code." Chapter, division, part, section, subsection, and appendix numbers used in Sections
15.07.010 through 15.07.060 are those of the Ceres Mechanical Code or codes adopted therein by reference. (Ord. No. 2020‐10 58 , § 1, 3‐23‐2020)
15.07.020 Adoption by reference to the California Mechanical Code.
A. In order to provide minimum standards to safeguard life, limb, health, property, and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation, maintenance, and use of heating, ventilating, cooling, refrigeration systems, and other heat‐producing appliances and systems within the City of Ceres, the 2019 most recent edition of the Ca lifornia Mechanical Code, title 24, part 4, and all appendix chapters, published by the International Association of Mechanical and Plumbing Officials (IAPMO), as adopted by the Building Standards Commission of the State of California and codified in the California Building Standards Code at title 24, part 4 of the California Code of Regulations, except as specifically repealed
or amended by ordinance of the City of Ceres, is hereby adopted and made a part of this chapter as though set forth in full herein. A true and correct copy of the 2019 most recent California Mechanical Code as adopted by this section shall be on file in the office of the City of Ceres Building Division for inspection and use by the public. (Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.07.030 Administration.
This chapter is to be administered in accordance with section 15.01.040, Administration, unless more specific requirements are given in this chapter.
(Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.07.040 Enforcement.
Enforcement of Ceres Mechanical Code shall be in accordance with section 15.02.020, California Building Code Administration, unless more specific requirements are provided in this Municipal Code. (Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.07.050 Section 104.4.3 of the California Mechanical Code deleted; Expiration.
Section 104.4.3 of the California Mechanical Code is hereby deleted. (Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.07.060 Section 104.5 of the California Mechanical Code amended; General.
Section 104.5 of the California Mechanical Code is hereby amended to read as follows:
The fees shall be determined and adopted by the City Council.
ATTACHMENT A
ITEM 14
Created: 2022‐02‐04 16:50:00 [EST]
(Supp. No. 1)
(Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
CHAPTER 08 CALIFORNIA FIRE CODE
15.08.010 Title.
This chapter shall be known and cited as the "Ceres Fire Code" and may hereinafter be referred to as "Ceres Fire Code." Chapter, division, part, section, subsection, and appendix numbers used in sections 15.08.010 through
15.08.209 are those of the California Fire Code or codes adopted therein by reference. (Ord. No. 2020‐10 58 , § 1, 3‐23‐2020)
15.08.020 Adoption by reference of the California Fire Code.
That certain document, one copy of which is on file in the Office of the City Clerk of the City of Ceres being marked and designated as "California Fire Code" hereafter designated as "CFC" part 9 of title 24 California Code of Regulations as published by the International Code Council, 2019 most recent edition, in cluding appendix chapter 4 and appendix B, BB, D, E, F, G, I, K, N, O and division 1 California Administration and division II Administration as published by the International Code Council, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling, and use of hazardous substan ces, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees therefor; and providing penalties for the violation thereof; and each and all of the regulations, provisions, penalties, conditions and terms of sai d California Fire Code, 2019 most recent edition, on file in the office of the City of Ceres Building Division is hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in this chapter be and is adopted by reference as the Fire Code of the City of Ceres. (Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.08.030 Administration.
This chapter is to be administered in accordance with section 15.01.040, Administration, unless more specific requirements are given in this chapter.
(Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.08.040 Enforcement.
Enforcement of Ceres Fire Code shall be in accordance with section 15.02.020, California Building Code Administration, unless more specific requirements are provided in this Municipal Code. (Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.08.050 Section 105.1.2 of the CFC amended; Types of Permits.
Section 105.1.2 of the California Fire Code is hereby amended to read as follows:
ATTACHMENT A
ITEM 14
Created: 2022‐02‐04 16:50:00 [EST]
(Supp. No. 1)
Section 105.1.2 Types of Permits. Permits required by this Code, see section 105.1.1 through 105.7.25, shall be issued by the fire code official. Permit fees, if any, adopted by the Council of the City of Ceres by Resolution from time to time, affixing a fee for any permit issued pursuant to the Fire Co de. (Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.08.060 Section 105.2 of the CFC amended; Application.
Section 105.2 Application.of the California Fire Code is hereby amended to read as follows:
Section 105.2 Application for a permit required by this Code shall be made to the fire code official in such form and detail as prescribed by the fire code official. Applications for permits shall be accompanied by such plans prescribed by th
e fire code official and applicable fees established by resolution by the Ceres City Council.
(Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.08.070 Section 105.6.8 of the CFC amended; Compressed Gases.
Section 105.6.8 of the California Fire Code is hereby amended to read as follows:
Section 105.6.8 Compressed Gases. An operational permit is required for the storage, use, or handling at normal temperatures and pressures of compressed gases in excess of the amounts listed in Table 105.6.8, and to install any piped distribution system for compressed gases , or to install a non‐flammable medical gas manifold system. When the compressed gases in use or storage exceed the amounts listed in Table 105.6.8, a permit is required to install, repair, abandon, remove, place temporarily out of service, close or substantially modify a compressed gas system.
(Ord. No. 20
20‐1058 , § 1, 3‐23‐2020)
15.08.080 Section 105.6.10 of the CFC amended; Cryogenic Fluids.
Section 105.6.10 of the California Fire Code is hereby amended to read as follows:
Section 105.6.10 Cryogenic Fluids. An operational permit is required to produce, store, transport onsite, use, handle or dispense cryogenic fluids in excess of the amounts listed in Table 105.6.10. A construction permit is required to install a cryogenic vessel or pipin g system for the storage or distribution of cryogens. See also Chapter 55.
Exception: Permits are not required where federal or state regulations apply and for fuel systems of a vehicle.
(Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.08.090 Section 105.6.16 of the CFC amended; Flammable and Combustible Liquids.
Section 105.6.16 of the California Fire Code is hereby amended to add the following:
Paragraph 12. To store, handle or use class III‐B liquids with a flashpoint of less than 500 degrees F., in excess of 110 gallons.
Paragraph 13. To install, alter, remove, test, abandon, place temporarily out of service or otherwise dispose of any flammable or combust
ible liquid tank.
ATTACHMENT A
ITEM 14
Created: 2022‐02‐04 16:50:01 [EST]
(Supp. No. 1)
(Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.08.100 Section 105.6.25 of the CFC amended; Lumber Yards and Woodworking Plants.
Section 105.6.25 of the California Fire Code is hereby amended to read as follows:
Section 105.6.25 Lumber Yards and Woodworking Plants. An operational permit is required to operate any woodworking plant. See Chapter 28.
(Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.08.110 Section 110.4 of the CFC amended; Violation Penalties.
Section 110.4 of the 2019 most recent California Fire Code, division II Administration is hereby amended to read as follows:
Section 110.4 Violations Penalties. People who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the Fire Chief, or of a permit or certificate used un der provisions of this code, shall be guilty of an infraction, punishable by fine of not more one hundred thirty dollars ($130.00) for the first conviction, a fine not exceeding seven hundred dollars ($700.00) dollars for a second conviction within a one year period, and a fine of one thousand th ree hundred dollars ($1,300) for a third conviction within a one year period. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.08.120 Section 312.2 of the CFC amended; Vehicle Impact Protection.
Section 312.2 of the California Fire Code is hereby amended to read as follows:
Section 312.2. Posts. Guard posts or other approved means shall be provided to protect storage tanks and connected piping, valves and fittings; dispensing areas; and use areas subject to vehicular damage. When guard posts are installed, the posts shall be:
1. Constructed of steel not less tha
n six (6) inches in diameter and concrete filled,
2. Spaced not more than four (4) feet between posts on center,
3. Set not less than three (3) feet deep in a concrete footing of not less than a fifteen (15) inch diameter,
4. Set
with the top of the posts not less than three (3) feet above ground, and
5. Located not less than five (5) feet from the tank.
(Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.08.130 Section 503 of the CFC amended; Fire Apparatus Access Roads.
Section 503.5 of the California Fire Code is hereby amended to read as follows:
Section 503.5 Closure of Accessway. The Fire Prevention Bureau is authorized to require the installation and maintenance of gates or other approved barricades across roads, trails or other access ways, not including public streets, alleys or highways.
ATTACHMENT A
ITEM 14
Created: 2022‐02‐04 16:50:01 [EST]
(Supp. No. 1)
Section 503.5.1 of the California Fire Code is hereby amended to read as follows:
Section 503.5.1 Secured gates and barricades. When required, gates and barricades shall be secured in an approved manner. Roads, trails and other access ways that have been closed and obstructed in the manner prescribed by Section 503.5 shall not be trespassed on or used unless authorized by the owner and the fire code official. Locks, gates, doors, barricades, chains, enclosures, signs, tags or seals which have been installed by the Fire Prevention Bureau or by its order or under its control shall not be removed, unlocked, destroyed, tampered with or otherwise molested in any manner.
Exception: The restriction on use shall not a
pply to public officers acting within the scope of their duty.
Section 503.5.2 of the California Fire Code is unchanged and remains as adopted.
Section 503.5.3 is added to the California Fire Code and reads as follows:
Section 5
03.5.3 Control of and Obstruction of Fire Apparatus Access. The required width of a fire apparatus road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established by Section 503.2.1 shall be maintained at all times. Entrances to roads, trails or other access ways that have been closed with gat
es and barriers in accordance with Section 503.5.1 shall not be obstructed by parked vehicles.
Section 503.6 of the California Fire Code is hereby amended to read as follows:
Section 503.6 Security Gates. The installation of security gates across from fire apparatus access roads shall be approved by the Fire Chief. Where security gates are ins talled, they shall have an approved means of
emergency operation. The security gates and the emergency operation system shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325 and ASTM 2 200.
Section 503.6.1 is added to the California Fire Code and reads as follows:
Section 503.6.1 Plans and Specifications. Prior to the installation of any gate or other device that will obstruct the access of emergency vehicles or emergency personnel, to any area, the person wishing to install the device shall submit plans and specifications to the Ceres Building Division with routing to the Fire Departme
nt for plan approval. Plans shall include the following information:
1. Site plan drawn to scale with the following:
a. Property lines.
b. Building footprint(s).
c. Proposed fence, pedestrian gate(s), vehicular gate(s). d. Non‐motorized gates shall include a Knox Key Switch/Knox Box and the proposed location. e. Motorized gate systems shall include a "Puck" system with a wire loop in the ground. f. Physical address.
g. California contractor's license number, company name, address, and telephone number.
2. Product specifications shall be provided which include:
a. Method of ope
ration.
Section 503.6.2 is added to the California Fire Code and reads as follows:
Section 503.6.2 Unguarded gates.
ATTACHMENT A
ITEM 14
Created: 2022‐02‐04 16:50:01 [EST]
(Supp. No. 1)
1. If the vehicle gate is for one‐way traffic, the gate width must be a minimum of twelve feet. If the vehicle access gate is for two‐way traffic, the gate width must be a minimum of 20 feet in width. A Knox Key Switch must be installed on the "Entrance" and "E xit" side of each gate.
2. The Knox switch on the "Exit" side of each gate can be eliminated if the gate has a "free exit." A "free exit" is a sensor pad in the asphalt that senses the vehicle and automatically opens the gate. If you do not have a "free exit", you shall install a Knox switch on the "exit" side of the gate.
3. You may install one Knox switch on a vehicle access gate provided that the switch is "easily" accessible from both the "exit" and the "entrance" side of the gate. The switch must also be mounted in a location that will not
cause harm to the firefighters. Please contact the Ceres Fire Department to verify that the location is acceptable prior to installation.
4. You shall install a minimum of one pedestrian walk‐thru gate per the complex.
5. All pedestrian walk‐thru gates shall swing in the direction of exit travel.
6. The locking hardware on all pedestrian walk‐thru gates shall have self‐releasing hardware. The hardware must have either a doorknob or a door handle. Thumb operated deadbolts, double‐keyed deadbolts, or combination keypads are not acceptable.
7. When pedestrian walk‐thru gates are install ed more than ten (10) feet from any vehicle access gate, a Knox Box in required within eighteen (18) inches of the pedestrian walk‐thru gate opening.
Section 503.6.3 is added to the California Fire Code and reads as follows:
Section 503.6.3 Definitions.
1. "Pedestrian gate" means a gate used exclusiv ely for pedestrian ingress and egress.
2. "Vehicular gate" means a gate for vehicle ingress and egress.
3. "Residential properties" include single‐ and multi‐family dwellings, such as apartments and condominiums.
4. "Gated community development" means a community that may consist of single‐ or multi‐family dwellings, or other a ccessory uses, that are enclosed within a geographical area by restrictive gates. (Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.08.140 Section 507.5.1 of the CFC amended; Where Required.
Section 507.5.1 of the California Fire Code is hereby amended to read as follows:
Section 507.5.1 Distribution of Fire Hydrants. Fire hydrants shall be nominally spaced every 500 linear feet in residential areas comprised of single‐family dwellings. In commercial or industrial areas, and in residential areas containing condominiums, townhouses, or apartments, fire hy drants shall be nominally spaced every 300 feet. The Fire Chief may require that fire hydrants be placed at closer intervals to conform to street intersections, unusual street curvatures, or fire flow requirements.
Divided streets shall have hydrants on both sides of the street and shall, where applicable, be installed in alternative or st
aggered positions so that hydrants will not be directly opposite from each other.
Exception: For Group U occupancies equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 the distance requirements shall be not more than 600 feet (183 m).
(Ord. No. 2020‐10 58 , § 1, 3‐23‐2020)
ATTACHMENT A
ITEM 14
Created: 2022‐02‐04 16:50:01 [EST]
(Supp. No. 1)
15.08.150 Section 507.5.7 of the CFC added; Hydrants.
Section 507.5.7 of the California Fire Code is hereby added to reads as follows:
Section 507.5.7 Hydrants. The Fire Chief is authorized to determine the types of hydrants acceptable for installation. In areas where public or private water mains are not available for the provision of required fire flow, the Fire Chief may require that water supply for firefighting be in accordance with NFPA Standard # 1142, 2017 most recent edition (standard on Water Supplies for Suburban and Rural Fire Fighting). (Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.08.160 Section 507.5.8 of the CFC added; Hydrant Identification.
Section 507.5.8 of the California Fire Code is hereby added to read as follows:
Section 507.5.8 Hydrant Identification. All fire hydrants shall be identified with a blue pavement marker which is raised and reflective.
(Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.08.170 Section 603.8 of the CFC amended; Incinerators.
Section 603.8 of the 2019 most recent California Fire Code is hereby amended to read as follows:
Section 603.8 Incinerators. The use of incinerators is prohibited inside the City limits of Ceres.
Exception: Incinerators used by state‐licensed facilities for the cremation of human or pet remains. (Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.08.180 Section 603.8.1 of the CFC deleted; Residential Incinerators.
Section 603.8.1 of the California Fire Code is hereby deleted. (Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.08.190 Section 603.8.2 of the CFC deleted; Spark Arrestor.
Section 603.8.2 of the California Fire Code is hereby deleted. (Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.08.200 Section 603.8.3 of the CFC deleted; Restrictions.
Section 603.8.3 of the California Fire Code is hereby deleted. (Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.08.210 Section 603.8.4 of the CFC deleted; Time of Burning.
Section 603.8.4 of the California Fire Code is hereby deleted.
ATTACHMENT A
ITEM 14
Created: 2022‐02‐04 16:50:01 [EST]
(Supp. No. 1)
(Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.08.220 Section 903.2 of the CFC amended; Automatic Fire Sprinkler Systems.
Section 903.2 of the California Fire Code is hereby amended to read as follows:
Section 903.2 Where required.
1. New Construction.
An approved automatic fire sprinkler system is required in the locations described in Sections 903.2.1 through 903.2.12 in all new buildings and structures constructed on or after the effective date of this ordinan
ce, notwithstanding the use and occupancy thereof, when the total floor area under one roof exceeds five thousand (5,000) square feet. Fire area separation walls shall not be used for the purpose of eliminating automatic fire sprinkler systems required by this section. (a) When automatic sprinkler systems are required by the Ceres Mu nicipal Code or the 2019 most recent California Fire Code for certain uses and/or occupancies, the requirements of Section 903.2 of the 2019 most recent California Fire Code shall also apply.
Exception: Carports, sheds, tanks, towers and agricultural buildings.
2. Existing Buildings and Structures.
An approved automatic fire sprinkler system shall be installed in the locations described in Section 903.2.1 through 903.2.12 in all existing buildings and structures when the value of additions, alterations or repairs are made within any twelve‐month period that ex ceed fifty (50) percent of the current county assessed valuation for improvements only in the existing building or structure that exceeds five thousand (5,000) square feet or additions result in said building or structure exceeding five thousand (5,000) square feet.
1. Exception: Carports, sheds, tanks, towers and agricultural buildings.
2. Each portion of an existing building or structure
separated by one or more fire walls, constructed
in accordance with the current adopted edition of the Building Code, when each portion does not exceed five thousand (5,000) square feet.
(Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.08.230 Section 906.9.1 of the CFC amended; Extinguishers Weighing 40 Pounds or Less.
Section 906.9.1 of the California Fire Code is hereby amended to read as follows:
Section 906.9.1. Extinguishers Weighing 40 Pounds or Less. Portable fire extinguishers having a gross weight not exceeding forty (40) lbs. (18 kg) shall be installed so that their tops are not more than four (4) feet above the floor.
Existing In
stallations. Portable fire extinguishers shall only be required to be lowered during tenant improvements.
(Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.08.240 Section 5001.5.2 of the CFC amended; Hazardous Materials Inventory Statement.
Section 5001.5.2 of the 2019 most recent California Fire Code is hereby amended by adding the following:
ATTACHMENT A
ITEM 14
Created: 2022‐02‐04 16:50:01 [EST]
(Supp. No. 1)
10. Key Box. When required by the Fire Code Official, an approved key box, sized to contain emergency information, (HMMP, HMIS, and Material Safety Data Sheets) shall be provided. (Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.08.250 Section 5003.3.1.4 of the CFC amended; Deposits of Hazardous Materials; Cleanup, Abatement, or Mitigation Required; Liability for Costs.
Section 5003.3.1.5 of the 2019 most recent California Fire Code is hereby added to read as follows:
Section 5003.3.1.5. Responsibility for Cleanup. The person, firm or corporation responsible for an unauthorized discharge shall initiate and complete all actions necessary to remedy the effects of such unauthorized discharge, whether sudden or gradual, at no cost to the jurisdiction. When deemed necessary by the Fire Chief, cleanup can be initiated by the Fire Depar tment or by an authorized individual or firm.
Costs associated with such cleanup shall be borne by the owner, operator or other person responsible for the unauthorized discharge. The remedy provided by this section shall be in addition to any other remedies provided by law.
For purposes of this section, costs incurred by the Cit y shall include, but shall not necessarily be limited to, the following: actual labor costs of City personnel, including worker's compensation benefits, fringe benefits, administrative overhead; cost of equipment operation; cost of materials obtained directly by the City; and cost of any contract labor and materials. The aut hority to recover costs under this section shall not include actual fire suppression services that are normally or usually provided by the Fire Department. (Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.08.260 Section 5601.1 of the CFC amended; Scope.
Section 5601.1 of the California Fire Code is hereby amended to read as follows:
Section 5601.1. Scope. The provisions of this chapter shall govern the possession, storage, handling, sale and use of explosives, explosive materials, fireworks, rockets, emergency signaling devices, and small arms ammunition. The manufacturing of fireworks is prohibited in the City of Cere s. The term "Fireworks" shall be as defined by the Health and Safety Code section 12511. (Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.08.270 Section 5608.2 of the CFC added; Fireworks Display.
Section 5608.2 of the California Fire Code is hereby added to read as follows:
Section 5608.2 Fireworks Display.
Section 5608.2.1 Permit. Every permit application for approval to conduct a public display of fireworks shall be accompanied by a non‐refundable fee as established by resolution of the City Council from time to time.
Section 56
08.2.2 Approval. The Fire Chief may grant the permit as applied for, or with conditions thereto, unless he/she finds that to do so would be contrary to the public health, safety, or welfare. The decision of the Fire Chief shall be in writing and shall be mailed, postage prepaid, to the applicant.
Sectio
n 5608.2.3 Appeal Process. The decision of the Fire Chief, in acting on an application for permission to conduct a public display in accordance with the provisions of this section may be appealed to the City Manager. Notice of an appeal of the Fire Chief's decision shall be filed by the applicant, with the City Cler k,
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within ten (10) days after the date of the decision. Upon failure to file such notice within the ten‐day period, the action of the Fire Chief shall be final and conclusive. The applicant may appeal the decision of the City Manager to the City Council by filing a notice of appeal to the City Clerk within ten (1 0) days after the date of the City Manager decision. Upon failure to file such notice within the ten‐day period, the action of the City Manager, or his/her designee, shall be final and conclusive. (Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.08.280 Section 5608.3 of the CFC added; "Safe and Sane" Fireworks Sales.
Section 5608.3 of the California Fire Code is hereby added to read as follows:
Section 5608.3 Storage of Safe and Sane Fireworks.
A. The storage of fireworks within the City of Ceres is limited to State of California Fire Marshal approved and labeled "Safe and Sane" fireworks by wholesalers licensed by the State of California and retailers.
B. Wholesalers may store safe and sane fireworks within the City of Ceres solely during the period of June 1 through July 31 of each year. Storage facilities shall comply with NFPA 1124 adopted 2006 most recently or as approved by the Fire Chief.
(Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.08.290 Findings for changes, modifications, and additions to the 2019 most recent California Fire Code Part 9.
Pursuant to California Health and Safety Code sections 17958.5, 17958.7 and 18941.5, the City of Ceres hereby expressly finds that all of the changes and modifications to the 2019 most recent California Building Standard Code made by this title and which are not merely administrative changes, are reasonably necessary because of local climatic, geological or topographical condition within the City of Ceres as more particularly described in the table set forth below.
Finding(s)
Application
Condition Findings
CCR California Fire
Code part 9
Climactic Reduced visibility due to dense fog occurring during winter months which causes delays in fire response
CCR California Fire
Code part 9
Topographical Delayed fire response by railroad tracks that:
a. Divide the City from East to West
b. Tracks run parallel to Highway 99 through the City, restricting response at locations where overpasses are not provided CCR California Fire
Code part 9
Topographical Turlock Irrigation District canal restricts access to Neighborhood developments. Mitchell Rd. from Faith Home Rd. to Hwy 99 at Mitchell Rd.
CCR California Fire
Code part 9
Topographical Delayed fire response due to Hwy 99, which divides the City in half.
Delays are due to major traffic congestion at overcrossings CCR California Fire
Code part 9
Climactic Summer conditions are very dry, hot and windy causing ordinary combustibles to easily ignite and fires to spread rapidly
(Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
ATTACHMENT A
ITEM 14
Title 15 ‐ BUILDINGS AND CONSTRUCTION
CHAPTER 09 CALIFORNIA RESIDENTIAL CODE
Ceres, California, Municipal Code Created: 2022‐02‐04 16:50:01 [EST] (Supp. No. 1)
CHAPTER 09 CALIFORNIA RESIDENTIAL CODE
15.09.010 Title.
This chapter shall be known and cited as the "Ceres Residential Code" and may hereinafter be referred to as "Ceres Residential Code." Chapter, division, part, section, subsection, and appendix numbers used in sections
15.09.010 through 15.09.060 are those of the California Residential Code or codes adopted therein by reference. (Ord. No. 2020‐10 58 , § 1, 3‐23‐2020)
15.09.020 Adoption by reference of the California Residential Code.
The purpose of the chapter is to establish minimum requirements to safeguard the public health, safety, and general welfare through structural strength, means of egress facilities, stability, access to persons with disabilities, sanitation, adequate lighting, ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the bui lt environment, and to provide safety to firefighters and emergency responders during emergency operations. The provisions of the Residential Code shall apply to the construction, alteration, enlargement, replacement, repair, equipment, use, occupancy, location, maintenance, removal, and demolition of every detached one and two single‐family dwellings, townhouse not more than three stories above grade plane in height with a separate means of egress and structures accessory thereto within the City of Ceres. Therefore, the 2019 most recent California Residential Code, title 24, part 2.5, published by the International Code Council (ICC), in the California Code of Regulations, except as specifically repealed or amended by ordinance of the City of Ceres, is hereby adopted and made part of this chapter as though set forth in full. A true and correct copy of the 2019 most recent California Residential Code as adopted by this section shall be on file in the office of the City of Ceres Building Division for inspection by the public.
(Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.09.030 Administration.
This chapter is to be administered in accordance with section 15.01.040, Administration, unless more specific requirements are given in this chapter.
(Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.09.040 Enforcement.
Enforcement of Ceres Residential Code shall be in accordance with section 15.02.020, California Building Code Administration, unless more specific requirements are provided in this Municipal Code. (Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.09.050 Section R105.5 of the California Residential Code deleted; Expiration.
Section R105.5 of the California Residential Code is hereby deleted. (Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
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15.09.060 Appendix J of the California Residential Code; amended.
Appendix J of the California Residential Code is hereby amended to read as follows:
Appendix J Delete the word "international" and replace with "California". (Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
CHAPTER 10 CALIFORNIA GREEN BUILDING STANDARDS CODE
15.10.010 Title.
This chapter shall be known as the "Green Building Regulations of the City of Ceres" and shall regulate the construction of new buildings within this jurisdiction, except work located primarily in a public way, public utility towers and poles, mechanical equipment not specifically regulated in the California Green Building Code, and hydraulic floo
d control structures. The Green Building Regulations shall also apply to City‐owned buildings. (Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.10.020 Adoption by reference of California Green Building Standards Code.
A. In order to improve public health, safety, and general welfare by enhancing the design and construction of buildings through the use of building concepts having a reduced negative impact or positive environmental impact, and encouraging sustainable construction practices within the City of Ceres, the 2019 most recent edition of the California Green Building Standards Code, title 24, part 11 (also known as the CALGreen Code), published by the International Code Council (ICC), in the California Code of Regulations, except as specifically repealed or amended by ordinance of the City of Ceres, is hereby adopted and made part of this chapter as though
set forth in full. The provisions of the Green Building Standards Code shall apply to the planning, design, use, and occupancy of every newly constructed building or structure, unless otherwise indicated in this title, throughout the City of Ceres. A true and correct copy of the 2019 most recent California Green Building Standards Code as adopted by this section shall be on file in the office of the City of Ceres Building Division for inspection and use by the public.
B. Where in any specific case, different sections of the Green Building Regulations specify different materials, methods of construction, or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall apply. (Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.10.030 Administration.
This chapter is to be administered in accordance with section 15.01.040, Administration, unless more specific requirements are given in this chapter.
(Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
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15.10.040 Enforcement.
Enforcement of Green Building Regulations of the City of Ceres shall be in accordance with section 15.02.020, California Building Code Administration, unless more specific requirements are provided in this Municipal Code. (Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
CHAPTER 11 CALIFORNIA ADMINISTRATIVE CODE
15.11.010 Title.
This chapter shall be known and cited as the "Ceres Administrative Code" and may hereinafter be referred to as "Ceres Administrative Code." Chapter, division, part, section, subsection, and appendix numbers used in Sections 15.11.010 through 15.11.040 are those of the California Administrative Code or codes adopted therein by reference.
(Ord. No. 2020‐10 58 , § 1, 3‐23‐2020)
15.11.020 Adoption by reference of California Administrative Code.
In order to regulate the erection, construction, enlargement, alteration, repair, removal, demolition, conversion, occupancy, equipment, wiring, plumbing, use, height, area, and maintenance of all buildings and structures within the City of Ceres, the 2019 most recent edition of the California Administrative Code, published by the International Code Council (ICC), as adopted by the Building Standards Commission of the State of California and codified in the California Building Standards Code at title 24, part 1, of the California Code of Regulations, except as specifically repealed or amended by ordinance of the City of Ceres, is hereby ad opted and made a part of this chapter as though set forth in full herein. A true and correct copy of the 2019 most recent California Administrative Code as adopted by this section shall be on file in the office of the City of Ceres Building Division for examination and use by the public.
The provisions of this Municipal Code shall not serve as the administrative, organizational, and enforcement rules and regulations for the chapters contained in the title. The administrative, organizational, and enforcement rules for this title are contained in and based on California Building Code, part 2, volume 1, chapter 1, divisions I and II.
(Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.11.030 Administration.
This chapter is to be administered in accordance with section 15.01.040, Administration, unless more specific requirements are given in this chapter.
(Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.11.040 Enforcement.
Enforcement of Ceres Administrative Code shall be in accordance with section 15.02.020, California Building Code Administration, unless more specific requirements are provided in this Municipal Code.
ATTACHMENT A
ITEM 14
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(Supp. No. 1)
(Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
CHAPTER 12 ENERGY CODE
15.12.010 Title.
This chapter shall be known and cited as the "Ceres Energy Code" and may hereinafter be referred to as "Ceres Energy Code." Chapter, division, part, section, subsection, and appendix numbers used in sections
15.12.010 through 15.12.040 are those of the California Energy Code or codes adopted therein by reference. (Ord. No. 2020‐10 58 , § 1, 3‐23‐2020)
15.12.020 Adoption by reference of California Energy Code.
In order to provide minimum standards to safeguard life, limb, health, property, and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation, maintenance and use of manufactured devices that have been certified by their manufacturer to meet or exceed minimum specifications or efficiencies by the California Energy Commission within the City of Ceres, th e 2019 most recent edition of the California Energy Code, title 24, part 6, and all appendix chapters, published by the International Code Council, as adopted by the Building Standards Commission of the State of California and codified in the California Building Standards Code at title 24, part 6 of the California Code of Regulations, except as specifically repealed or amended by ordinance of the City of Ceres, is hereby adopted and made a part of this chap
ter as though set forth in full. A true and correct copy of the 2019 most recent California Energy Code as adopted by this section shall be on file in the office of the City of Ceres Building Division for inspection and use by the public.
(Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.12.030 Administration.
This chapter is to be administered in accordance with section 15.01.040, Administration, unless more specific requirements are given in this chapter.
(Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.12.040 Enforcement.
Enforcement of Ceres Energy Code shall be in accordance with section 15.02.020, California Building Code Administration, unless more specific requirements are provided in this Municipal Code. (Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
CHAPTER 13 HISTORICAL BUILDING CODE
ATTACHMENT A
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15.13.010 Title.
This chapter shall be known and cited as the "Ceres Historical Building Code" and may hereinafter be referred to as "Ceres Historical Building Code." Chapter, division, part, section, subsection, and appendix numbers used in sections 15.13.010 through 15.13.040 are those of the California Historical Building Code or codes adopted therein by reference.
(Ord. No. 20
20‐1058 , § 1, 3‐23‐2020)
15.13.020 Historical Building Code.
In order to provide minimum standards to safeguard life, limb, health, property, and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation, maintenance and use of historical buildings to provide solutions for the preservation of qualified historical buildings or properties, to promote sustainability, to provide access for person s with disabilities, to provide a cost‐ effective approach to preservation, and to provide for the reasonable safety of the occupants or users within the City of Ceres, the 2019 most recent California Historical Building Code, title 24, part 8, published by the International Code Council (ICC), in the California Code of Regulations, except as specifically repealed or amended by ordinance of the City of Ceres, is hereby adopted and made part of this chapter as though set forth in full. A true and correct copy of the 2019 most recent California Historical Building Code as adopted by th is section shall be on file in the office of the City of Ceres Building Division for inspection by the public. (Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.13.030 Administration.
This chapter is to be administered in accordance with section 15.01.040, Administration, unless more specific requirements are given in this chapter.
(Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.13.040 Enforcement.
Enforcement of Ceres Historical Building Code shall be in accordance with section 15.02.020, California Building Code Administration, unless more specific requirements are provided in this Municipal Code. (Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
CHAPTER 14 BOARD OF BUILDING AND CONSTRUCTION APPEALS
15.14.010 Board of Appeals.
In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of the provisions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, the California Green Building Standards, the California Historical Code, the California Existing Building Co de, and the California Residential Code, and to hear appeals as provided for in said codes, the City Council may appoint a Board of Building and Construction Appeals (hereinafter referred to as the "Board") consisting of five members who are not City staff or members of City Council, who are
ATTACHMENT A
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qualified by experience and training to pass upon matters pertaining to building construction and safety. The Building Official shall be an ex‐officio member of the Board without power to vote and shall act as secretary of the Board.
(Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.14.020 Selection of Board; term.
The Board shall be appointed by the City Council and shall hold office at its pleasure. Board members may be removed by a majority of the City Council for cause or otherwise. The employment, performance evaluation, compensation, and benefits of the Board shall not be directly or indirectly conditioned upon the amount of administrative decisions, orde
rs, or determinations made by the Building Official upheld by the Board. (Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.14.030 Advisory Authority.
The Board may recommend to the City Council such new legislation but these recommendations shall not be binding upon the City Council. The Board may advise and make recommendations to the Building Official in the interpretation of the codes set forth in this title, but such interpretations shall not be binding of the B uilding Official.
(Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.14.040 Rules and procedures.
Except as otherwise provided herein, the Board shall adopt reasonable rules and regulations for conducting its business. A quorum for conducting business shall be at least three voting members. (Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.14.050 Appeal procedure.
A. The Board shall hear appeals relating to decisions, orders, or determinations made by the Building Official relating to the application of the various codes set forth under this title, which adversely affect any person, firm, or corporation.
B. All appeals shall be in writing and shall be directed to the Building Official within ten days of the appellant(s)'s receipt of written notice of the decision to be appealed. As soon as practicable after receiving a written appeal, the Building Official shall fix a date, time and place for the hearing of the appeal by the Board. Such date shall be not less than ten days nor more than 45 days from the date the appeal was filed with the Building Official.
C. Written notice of the date, time, and location of the hearing shall be served to the appellant (s) at least ten days prior to the date of the hearing by the Building Officia l either by personal service or by certified mail where postage thereof is prepaid and return receipt requested. Mailings shall be addressed to the appellant(s) at the address(es) shown on the appeal.
D. The hearing shall be informal in nature and the Board may conduct the hearing informally, both as to rules of procedure an
d admission of evidence, in any manner which shall provide a fair and impartial hearing. The administrative decision upon which the appeal is based may be reversed or modified only by an affirmative
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vote of a majority of the authorized membership of the Board. A vote of less than a majority of the Board shall result in upholding the original administrative decision.
E. The Board's decision shall be in writing and shall be rendered within 15 days after the close of the hearing.
All decisions shall be delivered to the Build ing Official with a copy to the appellant. The Board's decisions relating to appeals shall be binding.
F. Decisions made by the Board may be appealed to City Council pursuant to title 1 General Appeal Process. (Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.14.060 Use of Stanislaus County Building Code Board of Appeals.
Notwithstanding sections 15.14.010 to 15.14.050 of this chapter, the City may authorized the Stanislaus County Building Code Board of Appeals to hear appeals relating to decisions, orders, or determinations made by the Building Official relating to the application of the various codes set forth under this title, which adversely affect any person, fir m, or corporation. If authorized, the Stanislaus County Building Code Board of Appeals shall be authorized to hear such appeals subject to the rules of the Stanislaus County Building Code Board of Appeals. (Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
CHAPTER 15 POST‐DISASTER SAFETY ASSESSMENT PLACARDS
15.15.010 Intent.
This chapter establishes the standard placards to be used to indicate the condition of a structure for continued occupancy after any natural or manmade disaster. This chapter further authorizes the Building Inspection Division, as well as authorized representatives of the jurisdiction where the natural or manmade disaster occurred, to post the appropriate placard at each entry/exit point to a building or structure upon completion of a safety assessment.
(Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.15.020 Application provisions.
The provisions of this chapter are applicable to all buildings and structures of all occupancies regulated by the City following each natural or man‐made disaster.
(Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.15.030 Definitions.
Safety assessment means a visual, nondestructive examination of a building or structure for the purpose of determining the condition for continued occupancy following a natural or man‐made disaster. (Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
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15.15.040 Placards.
A. The following are descriptions of the official jurisdiction placards to be used to designate the condition for continued occupancy of buildings or structures.
1. INSPECTED Lawful Occupancy Permitted (GREEN): Is to be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to th
e building or structure.
2. RESTRICTED USE (YELLOW): Is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The individual who posts this placard will note in genera l terms the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy.
3. UNSAFE Do Not Enter or Occupy (RED): Is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or structures poste d with this placard shall not be entered under any circumstance except as authorized in writing by the Building Official or his/her authorized representative. Safety assessment teams shall be authorized to enter these buildings at any time. This placard is not to be used as or considered as a demolition order.
The individual who posts this placard will no
te in general terms the type of damage encountered.
B. The name of the jurisdiction, its address, and phone number shall be permanently affixed to each placard.
C. Once a placard has been attached to a building or structure, the placard is not to be removed, altered or covered until authorized to do so by the Building Official. It shall be unlawful for any person, firm or corporation to alter, remove, cover or deface a placard unless authorized pursuant to this section.
Unauthorized removal of the placards is a misdemeanor and is punishable as provided in this title. (Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
CHAPTER 16 DISASTER REPAIR AND RECONSTRUCTION
15.16.010 Intent.
This chapter establishes standards and regulations for the expeditious repair and reconstruction of structures damaged as a result of a disaster for which a local emergency has been declared by the City Council. This chapter does not allow exemptions from the building, fire, electrical, mechanical, plumbing, or other codes. (Ord. No. 2020‐10 58 , § 1, 3‐23‐2020)
15.16.020 Application of provisions.
A. The provisions of this chapter are applicable to all buildings and structures of all occupancies regulated by the City following each disaster when a local emergency has been declared by the City Council. The Council may extend the provisions as necessary.
B. When approved by the Building Official, the requirements of this chapter may be waived in favor of repair recommendations included in an engineering evaluation as defined in section 15.16.030 of this chapter. (Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
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15.16.030 Definitions.
For the purposes of this chapter the following definitions apply:
Architect means an individual licensed by the State of California to practice architecture as defined in the State of California Business and Professions Code.
Civil Engineer means an individual registered by the State of California to practice civil engineering as defined in the State of California Busi
ness and Professions Code.
Current Code means the latest adopted editions of the California Code of Regulations title 24 as adopted by the City of Ceres in accordance with operation of law pursuant to section 18941.5 of the State of California Health and Safety Code.
Engineering evaluation means an evaluation of a damaged building or structure, or suspected damaged building or structure, performed under the direction of a structural engineer, civil engineer or architect retained by the owner of the building or structure. Engineering evaluations shall, at a minimum, contain recommendations for repair with appropriate opinion of construction cost for tho se repairs.
Essential service facility means those buildings or structures which have been designated by the City Council to house facilities which are necessary for the emergency operations subsequent to a disaster.
Replacement value means the dollar value, as determined by the Building Official, of replacing the damaged structure with a
new structure of the same size, construction material and occupancy on the same site.
Structural engineer means an individual registered by the State of California to practice civil engineering and to use the title structural engineer as defined in the State of California Business and Professions Code.
Value of r
epair means the dollar value, as determined by the Building Official, of making the necessary repairs to the damaged structure.
(Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.16.040 Repair criteria.
Buildings and structures of all occupancies, except as otherwise noted, which have been damaged as a result of a disaster shall be repaired in accordance with the following criteria:
A. When the estimated value of repair does not exceed ten percent of the replacement value of the structure, the damaged portion(s) shall be restored to thei r pre‐disaster condition.
Exception: When the damaged elements include suspended ceiling systems, the ceiling system shall be repaired and all bracing required by the current code shall be installed.
B. When the estimated value of repair is greater than ten percent, but less than 50 percent, of the replacement val
ue of the structure, the damaged elements, as well as all critical ties, supported elements and supporting elements associated with the damaged elements, shall be repaired and/or brought into conformance with the structural requirements of the current code.
C. When the estimated value of repair is 50 percent or more than the replacement value of the structure, the entire structure shall be brought into conformance with the structural requirements of the current code.
D. In Group R, Division 3 occupancies, the repair value of damaged chimneys shall be excluded from the computation of percentage of replacement value. Damaged chimn eys shall be repaired in accordance with section 15.16.050 of this chapter.
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(Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.16.050 Repair criteria for chimneys.
A. All damaged chimneys must be repaired or reconstructed to comply with the requirements of the current code. Damaged portions of chimneys shall be removed in accordance with the following criteria:
1. When the damaged portion of the chimney is located between the roof line and the top of the chimney, the damaged portio n shall be removed to the roof line, provided the roof and ceiling anchorage are in sound condition. The reconstructed portion of the chimney shall be braced to the roof structure.
2. For a single‐story structure where the damaged portion of the chimney is below the roof line, or the damaged portion extends fro
m above the roof line to below the roof line, the chimney shall be removed to the top of the fireplace.
3. For a multi‐story structure, the damaged portion of the chimney shall be removed from the top to a floor line where sound anchorage is fo und.
4. In any structure where the fireplace has been damaged, the entire chimney and fireplace shall be removed to the foundation. If the foundation is in sound condition, the fireplace and chimney may be reconstructed using the existing foundation. If the foundation has been damaged, it shall be removed and replace
d.
B. Where existing conditions preclude the installation of all anchorage required by the current code, alternate systems may be used in accordance with the alternate methods and materials provisions of the current code when approved by the Building Official. Such alternate systems shall be designed and detailed by a structural engineer, civil
engineer or architect.
C. When the portion of the chimney extending above the roof line exceeds two times the least dimension of the chimney, that portion above the roof line shall be braced to the roof structure. (Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.16.060 Repair criteria for essential services facilities.
A. Buildings or structures housing essential services facilities which have been damaged as a result of a disaster shall have an engineering evaluation performed.
B. Minimum criteria for repair shall be as follows:
1. When the estimated value of repair is less than 50 percent of the replacement value of the structure, the damag
ed elements, as well as all critical ties, supported elements and supporting elements associated with the damaged elements, shall be repaired and/or brought into conformance with the structural requirements of the current code.
2. When the estimated value of repair is 50 percent or more than the replacement value of the structure, the entire structure shall be brought into conformance with the structural requirements of the current code.
(Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
ATTACHMENT A
ITEM 14
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(Supp. No. 1)
15.16.070 Repair criteria for historic buildings or structures.
A. Buildings or structures which are included on a national, State or local Register of Historic Places or which are qualifying structures within a recognized historic district, which have been damaged as a result of a disaster, shall have an engineering evaluation performed.
B. The minimum criteria for repair shall be as included in section 15.16 .040, "Repair Criteria," of this chapter, with due consideration given to the historical rating and nature of the structures. Additional standards and criteria, as noted in part 8, title 24, California Code of Regulations, the State Historic Building Code shall apply.
C. Where conflicts exist between the standards contained he rein and the State Historic Building Code, the Historic Building Code shall govern.
(Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.16.080 Masonry buildings and structures.
A. The latest adopted editions of the California Code of Regulations title 24 as adopted by the City of Ceres in accordance with operation of law pursuant to section 18941.5 of the State of California Health and Safety Code shall apply to determine repair criteria for masonry buildings and structures.
B. All damaged bearing walls c onstructed of unreinforced masonry shall be repaired and strengthened to fully comply with all current California Code of Regulations title 24 as adopted by the City of Ceres. (Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.16.090 Board of Appeals.
The provisions of this chapter may be appealed to the City Board of Building and Construction Appeals, pursuant to section 15.17.050 of this title.
(Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
CHAPTER 17 POST‐DISASTER DEMOLITION
15.17.010 Intent.
This chapter establishes demolition criteria for all buildings and structures damaged, as a result of a disaster for which a local emergency has been declared by the City Council to the degree where demolition is a viable alternative to repair.
(Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.17.020 Application of provisions.
The provisions of this chapter are applicable to all buildings or structures regulated by the City following each disaster when a local emergency has been declared by the City Council. Except as modified by this title, the current California Code of Regulations as adopted by the City shall apply. (Ord. No. 2020‐10 58 , § 1, 3‐23‐2020)
ATTACHMENT A
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15.17.030 Definitions.
For the purpose of this chapter, and except where otherwise expressly defined in another section of this chapter, the following words and phrases shall have the meanings provided in this section. Where words and phrases are not expressly defined under this chapter, they shall be construed as their ordinary meaning within the context which they are used
:
Event means any natural occurrence which results in the declaration of a disaster and shall include wind storms, earthquakes, floods, etc.
Historic building or structure means any building or structure included in the National Register of Historic Places, the State Register of Historic Places or Points of Inte rest, or a local register of historic places. Historic buildings and structures shall also include those buildings and structures within a recognized historic district wherein the specific building has historic significance.
State Historic Preservation Officer (SHPO) means the individual appointed by the Governor, pursuant to section 101(b)(1) of the Na tional Historic Preservation Act of 1966, as amended, to administer the State Historic Preservation Program.
(Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.17.040 Demolition criteria.
A. Within seven days after the event, should any building or structure be determined by the Building Official to represent an imminent hazard to public health and safety, or to pose an imminent threat to the public right‐ of‐way, it shall be condemned and immediately demolished. Such condemnation and demolition shall be performed in the interest of public
health and safety without condemnation hearings otherwise required by this Municipal Code.
B. If, after the specified time frame noted in subsection A of this section, any building or structure is determined by the Building Official to represent a hazard to the health and safety of the public, or wh ich poses a threat to the public right‐of‐way, the Building Official shall duly notify the building owner and proceed with a condemnation hearing within ten business days of the notice in accordance with section
15.14.010 of this title.
C. For any building or structure wherein the own er has decided to demolish rather than repair, the owner, or owner's representative shall follow the established procedures to secure a demolition permit. (Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.17.050 Demolition criteria for historic buildings or structures.
A. Within seven days after the event, any historic building or structure determined by the Building Official to represent an imminent hazard to the health and safety of the public, or to pose an imminent threat to the public right‐of‐way, the Building Official shall notify the State Historic Preservation Officer that one of the following actio
ns will be taken:
1. Whenever possible, within reasonable limits as determined by the Building Official, the building or structure shall be braced or shored in such a manner as to mitigate the hazard to public health and safety or the hazard to the public right‐of‐way.
2. When
ever bracing or shoring is determined not to be reasonable, the Building Official shall cause the building or structure to be condemned and immediately demolished. Such condemnation and
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demolition shall be performed in the interest of public health and safety without a condemnation hearing as otherwise required by the California Building Code or by this Municipal Code. Prior to commencing demolition, the Building Official shall photographically record as much of the entire building or structure as may safely be done.
B. If, after the specified time fr
ame noted in subsection A of this section, and less than 30 days after the event, an historic building or structure is determined by the Building Official to represent a hazard to the health and safety of the public, or to pose a threat to the public right‐of‐way, the Building Official shall duly notify the building owner of his/her intent to proceed with a condemnation hearing within ten business days of the notice in accordance with section 15.14.010 of this title. The Building Official shall also notify the Federal Emergency Management Agency, in accordance with th e National Historic Preservation Act of 1966, as amended, of their intent to hold a condemnation hearing.
C. For any historic building or structure wherein the Building Official and the owner have agreed to demolish the building or structure within 30 days after the event, the Building Official shall submit to th e Federal Emergency Management Agency, in accordance with the National Historic Preservation Act of 1966, as amended, a request to demolish. Said request shall include all substantiating data.
D. If after 30 days from the event the Building Official and the owner of a historic building or structure agree that th
e building or structure should be demolished, such action will be subject to the review process established by the National Historic Preservation Act of 1966, as amended. (Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
15.17.060 Board of Appeals.
The provisions of this chapter may be appealed to the City Board of Building and Construction Appeals pursuant to section 15.17.050 of this title.
(Ord. No. 2020‐1058 , § 1, 3‐23‐2020)
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Ceres will conduct a public hearing on Monday, January 22, 2024 beginning at 6:00 p.m., or soon thereafter, at the Ceres Community Center, 2701 Fourth Street, Ceres, C alifornia, to consider the following:
1. A n Appeal of the following Ceres Planning Commission decisions on December 4, 2023 : (a) Approval of a Vesting Tentative Map to subdivide an 8.66- acre parcel located at 1200 E Whitmore Avenue into five (5) commercial lots; and (b) Approval of a Conditional Use Permit to develop a car wash, gas station, and convenience store at the subdivided propert y, also located at 1200 E Whit more Avenue. A mitigated negative declaration was adopted for the project i n accordance with the California Environmental Quality Act. App ellant: Hardeep Gill.
2. A Resolution to increase the per -day administrative fee charged by the City of Ceres for flea market ven dors from $1 to $2. The operator of the flea market would continue to collect the fee from vendors and remit the fees to the City of Ceres.
3. A n Ordinance amending various chapters in Title 13 and Title 15 of the Ceres Municipal Code to adopt to the most current version of the following building codes and replacing those versions dated 2019 or prior: California Building Standards Code, California Electrical Code, California Plumbing Code, California Mechanical Code, California Fire Code , California Residential Code , California Green Building Standards Code, California Administrative Code, Ca lifornia Energy Code, and California Historical Building Code.
Public comment may be submitted by emailing [email protected] by 4 :00 p.m. on the date of the meeting or verbally at the hearing.
The meeting agenda, staff report, and project documents will be publicly available by 6:00 p. m. on Friday, January 19 , 2024 at www.ci.ceres.ca.us and at 2220 Magnolia Street, Ceres during regular business hours.
Any pe rson who challenges thi s action in c ourt may b e limited to raising only those issues that t hey or someone else raised at the public h earing, or in wr itten correspondence delivered to the City of Ceres at, or prior to, the public hearing.
/s/ Fallon Martin, City Clerk
Date Notice Published: January 10, 2024
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COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: January 22, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Teddie Hernandez, Senior Planner
[email protected], (209) 538-5789
SUBJECT:
Consider an Appeal of Planning Commission ’s Approval of Conditional Use Permit Application Number 23-18 (CUP) – Ajmer Singh Randhawa / Brian Rosenberger, Located at 1200 E.
Whitmore Avenue, Ceres (APN: 086-016-077)
RECOMMENDED COUNCIL ACTION:
After conducting a public hearing at its regular meeting on December 4, 2023, the City of Ceres Planning Commission, on a 5-0 vote, approved Conditional Use Permit number 23-18. An appeal was filed with the Planning Division pursuant to City of Ceres Municipal Code Section 18.34.010.
The City Council is asked to review the proposed project to make a decision to approve or deny the appeal.
BACKGROUND:
On August 10, 2023, Property Owner Ajmir Singh Randhawa and Applicant Brian Rosenberger submitted CUP Application No. 23-18 to establish a 4,000 square foot car wash with 18 vacuum stalls, and a 4,500 square foot gas station with convenance store, 16 fuel pumps, and 17 Electric Vehicle (EV) charging stations.
On August 30, 2023, the Planning Division of the City of Ceres Community Development Department deemed the application for CUP No. 23 -18 complete for processing . The project was then referred to Local and State agencies on August 30, 2023.
On November 22, 2023, a Notice of Public Hearing was posted in the Ceres Courier pursuant to California Government Code 65090, and a physical copy of the notice was mailed to surrounding property owners within a 300-foot radius pursuant to City of Ceres Municipal Code 18.32.160.
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On December 1, 2023, the December 4, 2023, Planning Commission Agenda was posted in front of the City Council Chambers located at 2701 4 th Street, Ceres pursuant to California Government Code 54954.2.
On December 4, 2023, during the Planning Commission Public Hearing, CUP No. 23-18 (CUP) was presented and approved with a 5 -0 vote with the Conditions of Approval contained in Resolution No. PC 23-26.
On December 5, 2023, an appeal was filed by Parminder Gill of Gill Bro Inc., the property owners of 1240 E. Whitmore Avenue pursuant to Ceres Municipal Code 18.34.010 . The appeal letter provided by Mr. Gill states that in November 2021 , he submitted an application to the Ceres Planning Division to construct a car wash on the same parcel as CUP No. 23-18 located at 1200 E. Whitmore Road. The letter from Mr. Gill further states that his application was denied. Mr. Gill provided supporting documentation that consists of a copy of the Ceres Muni cipal Code Chapter 15 – C-1, Neighborhood Commercial Zone and Chapter 16 – C-2, Community Commercial Zone with highlighted sections.
According to Mr. Gill, an individual working at the Planning Division counter provided these copies of the Muni cipal Code and stated only the “highlighted” uses would be allowed on the subject property. Mr. Gill does not know the name of the individual who provided these printouts. A Mission Statement of CARE (Citizens Advocate Responsible Entity) was also submitted with signatures of residents of Ceres, Turlock, Modesto, Denair, Atwater, Manteca, and various other locations.
The Planning Division does not have any record of an application submitted to develop the property located at 1200 E. Whitmore Avenue, Ceres (APN: 086 -016-077) between November 2021 and the submission of CUP No. 23-18 by Ajmer Singh Randhawa and Brian Rosenberger on August 10, 2023.
II. REASONS FOR RECOMMENDATION:
Pursuant to the Ceres Municipal Code Chapter 16 – C-2 (Community Commercial Zone), Section 18.16.020, Automatic Car Washes are listed under Principal Uses which requires a Site Plan Specific Plan application for design review approval from the Planning Commission. Section 18.16.040 (Conditional Uses) lists Automobile Service Station as a Conditional Use, which requires a Conditional Use Permit approval from the Planning Commission. The Automatic Car Wash and Automobile Service Station were combined for processing and appro val with the Conditional Use Permit, as the Conditional Use Permit is the more intensive permit of the two.
The Planning Commission determined that the Automatic Car Wash and Automobile Service Station meet the required findings for approval . The Planning Commission’s findings in favor of the Conditional Use Permit, based on the recommendation of staff, are summarized as follows:
1. The proposal is consistent with the purpose and intent of the “CC, Community Commercial” land use designation of the Ceres General Plan.
2. The proposal is consistent with the purpose and intent of the “PC -48, Planned Community - 48” zoning designation as defined in the City of Ceres Municipal Code.
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3. With the conditions of approval imposed on this project, the proposed use will have no adverse effect on surrounding properties or on any wildlife or wildlife habitat.
4. The conditions stated in the decision are deemed necessary to protect the public health, safety, and general welfare.
5. The proposal develops a parcel that is underdeveloped and considered “in-fill” and surrounded by existing commercial and residential uses.
6. The project is consistent with the following General Plan Policies:
• General Plan Policy Goal 2.D: Promote infill development to protect farmland; enhance community character; optimize City investment in infrastructure; provide pedestrian -and bicycle-friendly neighborhoods; and enhance economic vitality.
• General Plan Policy Goal 2.D.1: Promote Infill. Promote infill development and reuse of underutilized parcels in the city to reduce pressure to develop on farmland or other “greenfield” sites on the periphery.
• General Plan Policy Goal 2.G: Promote development of commercial uses compatible with surrounding land uses to meet the present and future needs of the Ceres market area and to maintain economic vitality.
• General Plan Policy Goal 2.L: Ensure quality design that supports the goals of the General Plan.
• General Plan Policy Goal 2.L.9: Commercial and Office Design. Ensure development in the Community Commercial and Office land use designation balances the goals of providing convenient services and retail with adding attractive, quality design that contribu tes to the Ceres community.
• General Plan Policy Goal 2.M: Minimize impact on the environment and protect quality of life in the face of a changing climate.
• General Plan Policy Goal 3.A.4: Reduce Vehicle Miles Traveled (VMT).
Support statewide efforts to reduce vehicle miles traveled (VMT) from existing and new development by encouraging infill and mixed -use development, providing multi -modal transportation ne twork, and incorporating transportation and parking demand management measures into new development by design.
• General Plan Policy Goal 3.D: Provide a sufficient amount of convenient, safe, and attractive vehicle and bicycle parking to serve existing and new development throughout the city.
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• General Plan Policy Goal 6.D: Ensure a safe and reliable potable water supply and delivery system sufficient to meet the current and future needs of the city.
• General Plan Policy Goal 6.F: Collect and dispose of stormwater in a manner that minimizes inconvenience to the public, reduces burden on existing stormwater facilities, encourages groundwater recharge, minimizes potential water related damage, and enhances the environment.
• General Plan Policy Goal 6.H: Promote adequate levels of service for utilities provided by private companies and minimize negative effects on surrounding development during utility construction.
• General Plan Policy Goal 7.A: Support a wide range of economic activity in Ceres that capitalizes on the city’s location, strengthens the City’s tax base, and supports and enhances quality of life.
III. FISCAL IMPACTS:
N/A
IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:
N/A
V. OPTIONS FOR CITY COUNCIL:
OPTION 1:
If the City Council decides to deny the appeal, it would uphold the Planning Commission’s decision to approve the project, which includes the following actions:
1. Order the filing of a Notice of Exemption with the Office of Planning and Research and Stanislaus County Clerk -Recorder’s Office pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15062.
2. Make the required findings for approval:
a. That the site for the proposed use is adequate in size and shape to accommodate the use and all yards, spaces, walls and fences, parking, loading, landscaping, and other features required by this title to adjust the use with land and uses in the neighborhood ;
b. That the site for the proposed use related to streets and highways is adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use;
c. That the proposed use will have no adverse effect on abutting property or the permitted use thereof;
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d. That the conditions stated in the decision are deemed necessary to protect the public health, safety, and general welfare.
3. Approve Conditional Use Permit Application No. 23 -18 (CUP) subject to the Conditions of Approval contained in Resolution Number PC 23 -26.
OPTION 2
If the City Council decides to approve the appeal, it would deny the approval of the project, which includes the following actions:
1. A Notice of Exemption will not be filed with the Office of Planning and Research and Stanislaus County Clerk -Recorders Office pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15062.
2. Upon review and discussion by the Council, determine that the project cannot meet at least one of the findings provided below:
a. That the site for the proposed use is adequate in size and shape to accommodate the use and all yards, spaces, walls and fences, parking, loading, landscaping, and other features required by this title to adjust the use with land and uses in the neighborhood ;
b. That the site for the proposed use related to streets and highways is adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use;
c. That the proposed use will have no adverse effect on abutting property or the permitted use thereof;
d. That the conditions stated in the decision are deemed necessary to protect the public health, safety, and general welfare.
3. Deny Conditional Use Permit Application No. 23-18 (CUP).
OPTION 3
The Council also has the option of continuing the appeal hearing, with directions to staff to research any additional questions or information sought by the Council.
VI. INTERDEPARTMENTAL COORDINATION:
The City Attorney was consulted on this appeal.
VII. PUBLIC PARTICIPATION:
On November 22, 2023, a Notice of Public Hearing for the December 4, 2023 Planning Commission was posted in the Ceres Courier pursuant to California Government Code 65090, and a physical copy of the notice was mailed to surrounding property owners within a 300-foot radius pursuant to City of Ceres Municipal Code 18.32.160. Th e notice ITEM 15
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contained the project description and instructions on how to participate in the public hearing.
On December 1, 2023, The December 4, 2023, Planning Commission Agenda was posted in front of the City Council Chambers located at 2701 4 th Street, Ceres pursuant to California Government Code 54954.2.
On December 4, 2023, during the Planning Commission Public Hearing the floor was opened to members of the public who would like to speak in support or in opposition of the project.
On January 10, 2024, a Notice of Public Hearing for the January 22, 2024 City Council Meeting was posted in the Ceres Courier pursuant to California Government Code 65090, and physical copy of the notice was mailed to the surrounding property owners within a 300-foot radius pursuant to City of Ceres Municipal Code 18.34.160. Members of the public will be allowed to speak in support of or in opposition of the appeal.
VIII. ENVIRONMENTAL REVIEW:
Conditional Use Permit No. 23 -18 (CUP) is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 – In-Fill Development Projects. A notice of Exemption will be filed if the appeal is denied.
IX. STEPS FOLLOWING APPROVAL:
Following Council 's decision, the project will either be approved, denied, or modified .
Staff will prepare a resolution consistent with the Council’s decision and will present it at the next City Council meeting.
Approved by: _____________________
Douglas D. Dunford
City Manager
Attachments:
1. Attachment A – Emailed Letter of Appeal and Petition
2. Attachment B – Highlighted documents from Appellant
3. Attachment C – Email from Hardeep Gill dated December 6, 2023
4. Attachment D – December 4, 2023 Planning Commission Staff Report
5. Attachment E – Resolution PC 23-26
6. Attachment F – Public Hearing Notice for December 4, 2023 Planning Commission Meeting
7. Attachment G – Public Hearing Notice for January 22, 2024 City Council Meeting
8. Attachment H – Presentation
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1 Christopher Hoem
From: Hardeep Gill
Sent: Wednesday, December 6, 2023 4:32 PM
To: Rosalinda Vierra; James Casey; Bret Silveira; Daniel Martinez; Javier Lopez; Bob Kachel; Gary Del Nero; David Johnson; Cerina Otero; Ruldip Jammu; Doug Dunford; Christopher Hoem
Subject: Subject 23-18 (CUP) 23-17 (VTSM)
Dear Mayor Javier Lopez,
I am writing to bring to your attention some serious concerns that have arisen regarding the development of a parcel of land within the city. Our community members have recently become aware of plans to divide the land into five different parcels, and we find ourselves deeply troubled by the lack of transparency and community involvement in this process.
Several months ago, when our group expressed interest in purchasing this land, we were denied without clear justification. At that time, we were informed that nothing could be done to accommodate our request. Given this recent development of fast-tracking the property development, we are left wondering what has changed in the city's policies and decision-making process.
Our primary concern revolves around the apparent lack of communication and community engagement in this matter. We believe that the community should be adequately informed and given sufficient time to review and understand any proposed changes, especially those as significant as dividing a parcel of land into multiple sections. Could you please clarify the city's policy regarding community notification and involvement in such development projects? Furthermore, we are deeply concerned about the environmental impact of this decision. Before proceeding with the division of the land, we urge the city to conduct a thorough environmental impact assessment to ensure that the proposed development aligns with sustainable practices and does not harm the local ecosystem.
We also seek clarification on whether the current approach to dividing the land is the most appropriate and beneficial for the community. We believe that a comprehensive discussion involving all stakeholders is essential to ensure that the decisions made are in the best interest of the city and its residents.
Lastly, we cannot help but express our concern that there might be an element of discrimination in the initial denial of our interest in purchasing the land. We request an explanation of the factors that led to our denial and reassurance that the decision-making process is fair and unbiased.
We understand that you are committed to serving the best interests of all residents in Ceres, and we trust that you will address our concerns promptly. We appreciate your attention to this matter and look forward to hearing from you soon.
Thank you
ATTACHMENT C
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STAFF REPORT AND
RECOMMENDATION
Dec
ember 4, 2023
TO: P
lanning Commission
FR
OM: Teddie Hernandez, Senior Planner
SUBJ
ECT: 23-17 (VTSM): A Vesting Tentative Subdivision Map to subdivide an
8.66-acre parcel into 5 parcels. Parcel 1 to contain 0.81 acres. Parcel 2 to contain 0.95 acres. Parcel 3 to contain 4.79 acres. Parcel 4 to contain 0.94 acres. Parcel 5 to contain 1.16 acres.
23-1
8 (CUP): Proposal to develop Parcels 1 and 2 in two phases.
Phase 1 consists of a 4,000 square foot car wash with 18 vacuum stalls to be developed on Parcel 2. Phase 2 consists of a 4,500 square foot gas station with convenance store, 16 fuel pumps, and 17 Electric Vehicle (EV) charging stations to be developed on Parcel
1. LOC
ATION: 1200 E. Whitmore Avenue, Ceres, CA 95307
(APN:086-016-077)
ZON
ING: Planned Community – 48 (PC-48)
GEN
ERAL PLAN: Community Commercial (CC)
SURRO
UNDING LAND
USES & ZONING: North: Entekra and G3 Warehouse (City of Modesto) Sout
h: Residential (PC-48)
Ea
st: Flyers Gas Station and McDonalds (PC-48),
Single-Family Residential (R-1)
CITY COUNCIL
Javier Lopez, Mayor
James Casey Dist. 1 Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3 Daniel A. Martinez, Dist. 4
Planning and Building Division
2220 Magnolia Street
Ceres, CA 95307
209-538-5774
Fax 209-538-5675
ATTACHMENT D
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Planning Commission Agenda – December 4, 2023
Application No. 23-17 VTSM, 23-18 CUP (Whitmore & Morgan)
West: Undeveloped (PC-48)
OWNER: Ajmer Gingh Randawa
641 N. San Marcos Drive
Mountain House, CA 94391
APPLICANT: Brian Rosenberger
4335 B North Star Way
Modesto, CA 95356
PROJECT AND SITE DESCRIPTION
The applicant is requesting approval of a Vesting Tentative Subdivision Map to subdivide an 8.66-acre parcel into 5 parcels. Parcel 1 to contain 0.81 acres. Parcel 2 to contain 0.95 acres. Parcel 3 to contain 4.79 acres. Parcel 4 to contain 0.94 acres. Parcel 5 to contain
1.16 acres.
The applicant is requesting a Conditional Use Permit to develop Parcels 1 and 2 in two phases. Phase 1 consists of a 4,000 square foot car wash with 18 vacuum stalls to be developed on Parcel 2. Phase 2 consists of a 4,500 square foot gas station with convenance store, 16 fuel pumps, and 17 Electric Vehicle (EV) charging stations to be developed on Parcel 1. Parcels 3, 4, and 5 will be developed at a later date.
The 8.66-acre project area is located at 1200 E. Whitmore Avenue, to the west and south of a McDonalds and Flyers Gas Station.
GENERAL PLAN AND ZONING COMPLIANCE
The project site has a Planned Community - 48 (PC-48) zoning designation and it has General Plan designations of Community Commercial (CC). The project is also consistent with the following General Plan Policies:
• General Plan Policy Goal 2.D: Promote infill development to protect farmland; enhance community character; optimize City investment in infrastructure; provide pedestrian-and bicycle-friendly neighborhoods; and enhance economic vitality.
• General Plan Policy Goal 2.D.1: Promote Infill. Promote infill development and reuse of underutilized parcels in the city to reduce pressure to develop on farmland or other “greenfield” sites on the periphery.
• General Plan Policy Goal 2.G: Promote development of commercial uses compatible with surrounding land uses to meet the present and future needs of the Ceres market area and to maintain economic vitality.
ATTACHMENT D
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Planning Commission Agenda – December 4, 2023
Application No. 23-17 VTSM, 23-18 CUP (Whitmore & Morgan)
• General Plan Policy Goal 2.L: Ensure quality design that supports the goals of the General Plan.
• General Plan Policy Goal 2.L.9: Commercial and Office Design. Ensure development in the Community Commercial and Office land use designation balances the goals of providing convenient services and retail with adding attractive, quality design that contributes to the Ceres community.
• General Plan Policy Goal 2.M: Minimize impact on the environment and protect quality of life in the face of a changing climate.
• General Plan Policy Goal 3.A.4: Reduce Vehicle Miles Traveled (VMT).
Support statewide efforts to reduce vehicle miles traveled (VMT) from existing and new development by encouraging infill and mixed- use development, providing multi-modal transportation network, and incorporating transportation and parking demand management measures into new development by design.
• General Plan Policy Goal 3.D: Provide a sufficient amount of convenient, safe, and attractive vehicle and bicycle parking to serve existing and new development throughout the city.
• General Plan Policy Goal 6.D: Ensure a safe and reliable potable water supply and delivery system sufficient to meet the current and future needs of the city.
• General Plan Policy Goal 6.F: Collect and dispose of stormwater in a manner that minimizes inconvenience to the public, reduces burden on existing stormwater facilities, encourages groundwater recharge, minimizes potential water related damage, and enhances the environment.
• General Plan Policy Goal 6.H: Promote adequate levels of service for utilities provided by private companies and minimize negative effects on surrounding development during utility construction.
• General Plan Policy Goal 7.A: Support a wide range of economic activity in Ceres that capitalizes on the city’s location, strengthens the City’s tax base, and supports and enhances quality of life.
Based on this information, staff believes the project (with the proposed conditions of approval) will be supported by the General Plan, and applicable sections of the zoning ordinance.
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Planning Commission Agenda – December 4, 2023
Application No. 23-17 VTSM, 23-18 CUP (Whitmore & Morgan)
PROJECT PROPOSAL – Vesting Tentative Subdivision Map and Conditional Use Permit
Site Plan
Sewer and water services to the project are located nearby at the corner of E. Whitmore Avenue and Malik Avenue. These improvements shall be completed to the satisfaction of the Engineering Services Department/Public Works Department and the Planning Division.
Staff supports the Vesting Tentative Subdivision Map and Conditional Use Permit for the proposed project.
Circulation and Parking
The sites will be accessible from two proposed driveways on E. Whitmore Avenue and will have a reciprocal easement for driveway access with the future development to the west and the south. All parcels will have reciprocal access among each other and the existing Flyers Gas Station and McDonald’s.
Parcel 1 will have a total of 23 parking spaces for the car wash. Parcel 2 will have 27 parking spaces for the gas station/convenience store. One parking space per every 200 square feet is required per Ceres Municipal Code Section 18.16.060(L)(2). This amount of parking meets the requirements of the Ceres Municipal Code.
Elevations
The applicant is not proposing elevations of the building at this time, as the occupants of the parcels have yet to be determined. Staff will review the proposed plans once occupants are determined to ensure the elevations incorporate good quality, texture, and material color scheme that is consistent with the surrounding development on E.
Whitmore Avenue.
Staff Comments
In addition to the project being consistent with the City’s General Plan policies noted above, staff also supports the project for the following reasons:
1. The proposal develops a parcel that is underdeveloped and considered “in-fill” and surrounded by existing commercial and residential uses.
2. The project is designed to conform to the land uses and all development standards permitted under the “ Community Commercial (CC) ” zone district of the Ceres Municipal Code.
Thus, staff supports the applicant’s request, subject to the Conditions of Approval listed in the attached resolution(s).
ATTACHMENT D
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Planning Commission Agenda – December 4, 2023
Application No. 23-17 VTSM, 23-18 CUP (Whitmore & Morgan)
CEQA
An initial Study was conducted, and a Mitigated Negative Declaration was prepared for this project and posted to the Office of Planning Research State Clearing House website for a 30-day posting period for various departments and agencies to review and provide comments. At the end of the review and comment period, no significant issues have been raised; therefore, it is the recommendation of staff that the Mitigated Negative Declaration be adopted for the project.
STAFF RECOMMENDATION
Staff recommends approval of this project subject to the findings and conditions contained in the attached resolution(s).
REQUIRED ACTION
Approval of this project requires the following actions by the Planning Commission:
1. Approval of a Mitigation Negative Declaration per the findings and conditions listed in Draft PC Resolution 23-24
2. Approve 23-17 VTSM; Vesting Tentative Subdivision Map subject to the findings and conditions contained in the attached Draft Resolution PC 23-25.
3. Approve 23-18; Conditional Use Permit approval subject to findings and conditions contained in attached Draft Resolution PC 23-26.
Attachments:
Draft PC Resolution 23-24
Draft PC Resolution 23-25
Draft PC Resolution 23-26
Aerial Vicinity Map
Vesting Tentative Subdivision Map
Site and Landscape Plans
Notice of Intent to Adopt Mitigated Negative Declaration with Initial Study
ATTACHMENT D
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ATTACHMENT E
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WHEREAS, the Planning Commission based on the evidence within the staff report and project file find that:
1. The pr
oposal is consistent with the purpose and intent of the “CC, Community Commercial” land use designation of the Ceres General Plan.
2. The pr
oposal is consistent with the purpose and intent of the “ PC-48, Planned Community - 48” zoning designation as defined in the City of Ceres Municipal Code.
3. Wi
th the conditions of approval imposed on this project, the proposed use will have no adverse effect on surrounding properties or on any wildlife or wildlife habitat.
4. The c
onditions stated in the decision are deemed necessary to protect the public health, safety, and general welfare.
NOW
, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Ceres as follows:
Sec
tion 1. The Planning Commission hereby confirms that the project is Categorically Exempt from Environmental review pursuant to Section 15332 of the California Environmental Quality Act.
Sec
tion 2. The establishment and operation of CUP 23-18 requires compliance with the conditions of approval contained in this resolution and attached as Exhibit “A” and on file in the Community Development Department , which shall be binding on all heirs, assignees, and successors in interest of said property.
Sec
tion 3. The Director of Community Development or designee is hereby directed to record this Resolution at the office of the County Recorder of the County of Stanislaus.
Sec
tion 4. The conditions of project approval set forth herein include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020 (d) (1), these conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the ninety (90) day appeal period in which you may protest these fees, dedications, and reservations other exactions, pursuant to Government Code Section 66020 (a), has begun. If you fail to file a protest within this ninety (90) day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exaction.
ATTACHMENT E
ITEM 15
ATTACHMENT E
ITEM 15
EXHIBIT “A”
CON
DITIONS OF APPROVAL
Condi
tional Use Permit # 23-18
Ci
ty of Ceres
1200 E
. Whitmore Avenue
Ceres, CA 95307
Appr
oved by the Planning Commission: December 4, 2023
Approved by the City Council: N/A
Amended by Staff/PC/CC on N/A
A. PROJECT AUTHORIZATION
1. The pr
oject shall be in conformance with all City Ordinances, rules, regulations, and policies. The conditions listed below are particularly pertinent to this approval, but shall not be construed to permit violation of other laws and policies not so listed.
2. Appr
oval is limited to the conformance of the land use and zoning.
3. Th
is entitlement shall expire within 24 months (December 4, 2025) unless a building permit is issued, or the use is exercised, or a request for extension is received by the City prior to expiration of the permit. If the final map for 23- 17 (VTSM) is adopted before its expiration date, then this entitlement is valid and has no expiration date. IT SHALL BE THE RESPONSIBILITY OF THE
APPLICANT/PROPERTY OWNER TO BE AWARE OF THE
EXPIRATION DATE OF THIS ENTITLEMENT AND TAKE THE
NECESSARY STEPS TO ENSURE THE APPROVAL OF THIS
ENTITLEMENT REMAINS VALID. IT SHALL NOT BE THE CITY
OF CERES RESPONSIBILITY TO NOTIFY THE
APPLICANT/PROPERTY OWNER OF THE PROJECT’S
EXPIRATION DATE. IF AN APPROVED ENTITLEMENT
EXPIRES, THE APPLICANT/PROPERTY OWNER SHALL BE
REQUIRED TO SUBMIT A NEW APPLICATION REQUEST FOR
THIS PROJECT.
ATTACHMENT E
ITEM 15
B. PROJECT SPECIFIC CONDITIONS
Pr
ior to issuance of a Certificate of Occupancy, the applicant shall demonstrate conformance to the following conditions to the satisfaction of the Community Development Department:
1. The
applicant shall respond in writing to all conditions contained in this document and its attachments. Responses shall be in a letter format with each condition numbered and indexed for reference and shall describe how the condition has been met and shall, where applicable, direct the plan checker to the page and/or drawing detail that demonstrates compliance with the condition.
These changes shall be indicated with a delta or cloud symbol. A copy of these responses shall be provided with each set of the final site map and improvement plans. These changes shall be approved by the Planning Division PRIOR to the submittal, and City acceptance, of a Building Permit application.
2. Th
is entitlement is for the approval and construction of 4,000 square foot car wash with 18 vacuum stalls and a 4,500 square foot gas station with convenience store, 16 fuel pumps, and 17 Electric Vehicle (EV) charging stations.
3. A b uil
ding permit will be required, and the applicant shall pay all applicable fees, including but not limited to: City of Ceres Public Facility Fees, Stanislaus County Public Facility Fees , and Ceres Unified School District fees. These fees are adjusted annually. The applicant shall pay the fees in place at the time the building permit is issued. The project is required to comply with the requirements of the California Building Code that are in place at the time said building permit application is made.
4. The ap
plicant shall incorporate colors, materials, and architectural features as approved by the Planning Commission and are represented with the project elevations and colored renderings that are on file with the Planning Division. If the applicant desires to make any changes to the colors or materials for the proposed building, such request shall be made in writing to the Director of Community Development or designee who will consider all requests and has the authority to approve those administratively. Approval of such requests shall be required prior to their installation.
ATTACHMENT E
ITEM 15
5. The applicant shall ensure that this development is included as part of the overall irrevocable reciprocal access , parking, and maintenance agreement with adjacent parcels.
6. The ap
plicant shall obtain and maintain a valid City business license through the City of Ceres for this business operation.
7. The ap
plicant/operator shall have HD quality monitoring cameras with 4k/1080p resolution for the exterior of the building at all times to the satisfaction and approval of the Ceres Police Chief. The applicant/operator shall always maintain the surveillance equipment in working order and keep the video recordings for 30 days to be made available to law enforcement upon request.
8. The ap
plicant shall comply with the following conditions for the development, which shall be completed prior to occupancy of the building constructed to the satisfaction of the Planning Division and Engineering Services Department:
a. The appl
icant shall provide a minimum of 23 parking spaces to
serve Parcel 1 and a minimum of 19 parking stalls to serve Parcel
2. The applicant shall ensure that all parking stall lengths and widths and drive aisle widths meet City standards.
b. As
applicable, t he applicant will be required to provide all the frontage improvements (i.e. street lighting, landscaping, roadway, curb, gutter, and sidewalk) along E. Whitmore Avenue.
c. As
applicable, the applicant shall install all water, sanitary sewer and storm drain systems, and related utilities required to serve the project. Calculations for these utilities shall be prepared by a licensed civil engineer for review and approval by the City Engineer.
d. The i
mprovements associated with this project (i.e. parking lot striping/paving, sidewalks/walkways, pavement markings , signage and lighting, etc.) shall comply with all City standards to the satisfaction of the Planning Division and Engineering Services Department.
e. The a
pplicant shall install street lights, striping and sign age, paving, and any necessary transitions in accordance with the City of Ceres Procedures, Standard Specifications and Standard Details.
ATTACHMENT E
ITEM 15
f. The applicant shall provide landscaping as required by the Ceres Municipal Code.
g. A
ny proposed exterior lighting will need to be shielded and/or directed downward and away, so as not to create any glare onto E. Whitmore Avenue and the neighboring properties.
h. The ap
plicant shall ensure that the proposed parking lot areas for the project comply with ADA requirements to the sa tisfaction of the City of Ceres. Walkway areas near the buildings need to comply with ADA standards and must be maintained by the property owner.
i. The a
pplicant shall provide three (3) separate water related service lines, including fire service, domestic service, and irrigation service to serve this project and the applicant shall provide staff with detailed water calculations (sealed by a California licensed architect or Engineer).
9. The
applicant shall construct the proposed refuse enclosure as shown on the proj ect site plan. The refuse enclosure shall be constructed prior to granting occupancy for the building. Placement of th is enclosure, size and design, shall be subject to review and approval by the City. The refuse enclosure shall meet the size requirements as established in the City of Ceres Water Efficient Guidelines and Standards. The enclosure shall have a 6’ masonry (split face block) wall with solid metal gates in front that match the building’s field color.
At a minimum, textured block for the exteriors shall be provided for the enclosure and it is encouraged that it has some type of roof feature to limit the ability of someone to gain unauthorized access to the refuse bin. Plans for this enclosure shall be provided at building permit submittal. Trees/shrubs shall be positioned around the encl osure to screen from public view to the satisfaction of the Planning Division.
10. Pr
ior to issuing any building permits for the project, the plans will need to include storm calculations and demonstrate how drainage will be or has been accommodated to the satisfaction of the Engineering Services Department. The applicant may wish to accommodate some storm drainage capacity on- site, as in a significant rain event the collection system may become inundated and lose capacity, which may result in some temporary localized flooding on-site.
11. Si
gnage for the project will be subject to the requirements of Chapter
18.26 (Ceres Sign Code) of the Municipal Code and the Master Sign Program associated with this entitlement (on file in the Planning Division). The applicant shall obtain the appropriate sign permit(s) and
ATTACHMENT E
ITEM 15
building permit(s) for all project signage (which shall meet City standards) and shall be reviewed and approved administratively by the Director of Community Development or designee. Allowable signage for this project includes the following:
a. For
any proposed wall signs, the City will require said wall signs to be designed as individual channel lettering with an
appropriate background (not a cabinet type sign). The
maximum allowable sign area for a wall sign is 1 square foot of sign area for every 1 lineal foot of primary building frontage and ½ square foot for every 1 linear foot of secondary frontage.
12. Any
proposed “Bike Racks” for the project shall be equally distributed throughout the area near all buildings.
13. Any
roof top mechanical equipment for the new buildings shall be screened from public view to the satisfaction of the City.
14. The a
pplicant shall secure the necessary demolition permit(s) from the City of Ceres to demolish all/any existing structures on site.
15. The
applicant shall comply with any requirements imposed by the Turlock Irrigation District (TID) in memo dated August 31, 2023.
16. The
applicant shall comply with any requirements imposed by the Central Valley Regional Water Quality Control Board (CVRWQCB) in memo dated November 27, 2023.
17. The
applicant shall provide “As -Built” drawings of the improvements including plan and profiles of the water, sanitary sewer and storm drain systems. Alignments shall be tied to a monumented property corner.
C. GE
NERAL CONDITIONS OF APPROVAL
Pl
anning Division
1. Dev
elopment shall conform to the plans designated by the City Planning Division as “Final Exhibit”. Final exhibit shall consist of the submitted map(s), site plan, floor plans, elevations and landscape plans amended by the applicant to reflect any changes indicated above in, Item B, Project Specific Conditions or required by the City in the approval process. The applicant shall submit any required amended site plans to the Planning Division within 90-days of project approval. Failure to submit the amended plans will result in a delay in processing and/or approval of those plans.
ATTACHMENT E
ITEM 15
2. The dev
elopment impact fees and project processing fees due in connection with this project shall be based upon the fees in effect at the time the fee is paid unless modified by a Development Agreement or other mechanism approved by the City. All developers of property within this project site shall pay the appropriate City and County Public Facility Fees, Ceres Unified School District Fees and other applicable fees in place. These fees may be adjusted yearly based on the construction cost index or other method as approved by the City.
3. Any
plans associated with the permit shall be in substantial compliance to the approved site plan and the development shall be consistent with applicable sections of the General Plan, Zoning Ordinance and applicable master plan. Violation of any provision(s) may result in Code Enforcement action, which may include revocation of permit and/or monetary penalties.
4. As
applicable, the applicant shall meet all requirements of San Joaquin Valley Air Pollution Control District, Turlock Irrigation District (TID) and other utility agencies serving the project site to the satisfaction of the Planning Division.
5. The dev
eloper will defend, indemnify, and hold harmless the City, its agents, officers, employees and volunteers from and against all claims, lawsuits, or causes of action (whether brought solely against the City or jointly against both City, developer, or others), damages, losses, and expenses, including attorney fees, arising in any manner out of the approval or the application approved herein, including, without limitation, all actions or proceedings to attack, set aside, void or annul the permit granted pursuant to the City’s approval of the application referenced herein, provided the City notifies the developer within a reasonable time of any such claim, action or proceeding, and cooperates in the defense of such claims, actions or proceedings.
6. Pr
ior to any construction activity, the developer shall inform all contractors of the possibility that human remains may be found on the site during construction activities. The applicant shall consult with the Native American Heritage Commission for reco mmended procedures if human remains are found.
7. As
determined by the City, the applicant shall secure all necessary easements for reciprocal access, parking, landscaping and/or public utilities over the proposed property. Where required, location of all easements shall be agreed to with the City prior to the issuance of
ATTACHMENT E
ITEM 15
building permits. These easements shall be recorded prior to issuance of a Certificate of Occupancy.
8. In a
ddition to complying with the State of California’s Model Water Efficient Landscape Ordinance (MWELO) standards, the applicant shall be required to landscape and irrigate the property as stipulated by the City of Ceres Water Efficient Guidelines and Standards. The applicant, prior to building permit submittal, shall provide landscape and irrigation plans indicating the type, size and location of planted material, water usage calculations and irrigation plans. The Director of Community Development or his designee will review and approve all landscape and irrigation plans. A Landscape Maintenance Agreement form shall be signed and executed prior to issuance of a building permit.
9. The t
rash/recycling enclosure s for this project shall meet the size requirements established in the City of Ceres Water Efficien t Guidelines and Standards. Each enclosure shall have a six -foot textured masonry block with solid metal gates in front that match the building field color. In visible locations, the enclosures may be required to have stucco siding and provide landscape screening, such as climbing vines or bushes to the discretion of the Director of Community Development or his designee.
10. Al
l signage shall be consistent with the standards and guidelines established in Section 18. 26 of the City of Ceres Municipal Code.
The placement and installation of said signs shall comply with both zoning and building codes in place at time of approval.
11. The ap
plicant shall comply with the visibility obstructions at public intersections provisions in Chapter 12. 07 of the City of Ceres Municipal Code.
12. Dur
ing the construction phase, the applicant shall ensure temporary outdoor storage of items will be screened with a fence or wall, as required. Depending on use, fences or walls shall not exceed eight (8’) feet in height including security measures , unless required for environmental mitigation or approval of the Planning Commission or City Council.
13. The
applicant shall comply with the requirements of the San Joaquin Valley Air Pollution Control District (SJVAPCD) regarding Rule 9510 to the satisfaction of the City of Ceres. If applicable, applicant shall submit verification of compliance or payment of fee to the satisfaction of the Director of Permits Services or designee from the Air District, prior to issuance of a building permit. Additionally, the applicant shall
ATTACHMENT E
ITEM 15
incorporate measures per the SJVAPCD guidelines to reduce greenhouse gas emissions to the satisfaction of the SJVAPCD and to the City.
14. The P
lanning Division may approve minor amendments to the
project, provided that the amendment is still in substantial conformance with the original approval of this entitlement. A request for a minor amendment shall be submitted in writing to the Planning Division. Any request that is not deemed minor in nature must be presented to the Planning Commission through the amendment process and the applicant shall pay the necessary processing fees.
15. The ap
plicant and/or outside party have the right to appeal, within 10-days, any decision of the Planning Commission to the City Council per the provisions of Chapter 18. 34 of the Ceres Municipal Code.
En
gineering Services Department/Public Works Department
The ap
plicant shall comply with the requirements imposed by the City of Ceres Engineering Services Department and Public Works Department, which may include, but not be limited to the following:
1. Pr
ior to any work being conducted on the project site or within the City right-of-way and prior to issuance of building permits, the applicant shall obtain an Encroachment Permit from the City. Prior to issuance of the Encroachment Permit, the applicant s hall submit to the City of Ceres for review and approval, on-site and off-site improvement plans prepared by a Registered Civil Engineer; shall pay plan check and inspection fees; shall provide a cost estimate of the improvements; and shall post sufficient surety guaranteeing the construction of the improvements wholly or partially dedicated with this project. Said surety shall have an AM Best rating for financial strength of B++ or higher.
2. Al
l services and improvements shall be installed and protected as per City standards and to the satisfaction of the Engineering Services Department. Additional utility easements may be needed for sewer, water, and storm drainage.
3. The pr
oject may be subject to providing the Engineering Services Department (209-538-5792) with water system analysis, sewer system analysis, and storm system analysis performed by a Registered Civil Engineer to ensure the City has sufficient capacity to s erve the development.
ATTACHMENT E
ITEM 15
4. A soils report is required for the project. The applicant shall submit to the City of Ceres for review and approval, a detailed soils report certified by a Civil Engineer registered in the State of California and qualified to perform soils work or a Geotechnical Engineer registered in the State of California (herein after referred to as Soil Engineer). The soils report shall comply with the requirements of the current edition of the International Building Code with the current California amendments. The soils report shall provide design parameters for proposed building foundation, soil preparation, soil percolation rates, storm water drainage recommendations, and specifications and recommendations for pavement sections, including loading areas and fire lanes.
5. Pr
ior to placement of building foundations, structural foundations, or pavement the project Soils Engineer shall submit a soils certification and field test results, verifying import soil quality and methods of material compaction.
6. Pr
ior to issuance of construction permits, a plan for preventing stormwater pollution and implementation of appropriate Best Management Practices (BMP’s) must be submitted to, and approved by, the Ceres Engineering Services Department. The plan shall comply with the State Water Resources Control Board storm water Best Management Practices during construction.
7. The pr
oject shall be designed to incorporate “Low Impact Development (LID)” design parameters as well as a Stormwater Pollution Prevention Plan (SWPPP). The City needs a copy of the SWPPP prior to start of construction (grading). The applicant will be required to implement construction BMP's to prevent sediment from entering the street and the City's storm drain inlets, which includes gravel drives at entrance/exit points, wattles, and storm drain inlet filters, as well as keeping concrete wash, chemicals, etc. out of the storm drain system. This shall be done to the satisfaction of the Engineering Services Department.
8. The ap
plicant shall provide three (3) separate water related service lines, including fire service, domestic service, and irrigation service.
9. The ap
plicant shall indicate, in writing to the City, the disposition of any water well(s) and any other water sources that may exist within the site. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, t hey must be destroyed per County of Stanislaus Environmental Resources Department requirements. The City may require abandonment of any existing wells on site.
ATTACHMENT E
ITEM 15
10. If
any reasonably justified life and public safety issues are recognized during the improvement plan review, construction, or the warranty period following completion of the improvements the applicant shall be responsible for revising the plans and addressing the issues to the satisfaction of the Engineering Services Department. For a period of at least one year following acceptance of improvements, the applicant shall provide sufficient surety guaranteeing the quality of all public improvements.
11. The ap
plicant shall comply with San Joaquin Valley Air Pollution Control District regulations for the construction phase of this project.
DURING
CONSTRUCTION, THE FOLLOWING CONDITIONS
SHALL APPLY:
12. If
any hazardous waste is encountered during the construction of this project, then all work shall be immediately stopped and the Stanislaus County Environmental Resources Department, the Fire Department, the Police Department, the Engineering Services Department, and Building Department shall be notified immediately. Work shall not proceed until clearance has been issued by all agencies listed and not listed, as required by State Law or other regulatory agencies.
13. The dev
eloper shall keep adjoining public streets and infrastructure free and clean of project dirt, mud, materials, and debris during the construction period, as is found necessary by the City Engineer.
Additionally, construction entrances shall be shown on the erosion control plans and kept clean and effective.
14. If
grading is to take place during the rainy season between October 1 and May 1, both temporary and permanent erosion control plans shall be submitted for review and approval along with the grading plan.
15. Per
manent erosion control measures shall include hydro-seeding of all graded slopes within 60-days of completion of grading.
16. Wher
e soil or geologic conditions encountered in grading operations are different from that anticipated in the soil and/or geologic investigation report, or where such conditions warrant changes to the recommendations contained in the original soil investigation, a revised soil or geologic report shall be submitted for approval by the City Engineer.
17. If
there are substantial changes in the size, alignment, grades, etc. during construction, then original "as-built" plans on the standard size
ATTACHMENT E
ITEM 15
sheets will be certified by the Project Civil Engineer and returned to the City Engineering Services Department for review and approval.
18. Dr
ywell installation is not allowed on Whitmore Avenue. Developer shall extend public storm drain facilities from the west for roadway drainage purposes in Whitmore Avenue.
19. Dev
eloper shall implement striping and/or median improvements on Whitmore Avenue to the satisfaction of the City Engineer.
20. Dev
eloper shall implement a private utility easement and
accompanying 6-inch sewer line running across the parcel frontages on both Whitmore Avenue and Morgan Road.
Bu
ilding Division
1. The pr
oposed development requires the approval of building
permit(s) and it shall be subject to comply with the currently adopted California Building Code and disability accessibility as approved by the Building Division at the time of building permit issuance.
2. The ap
plicant shall list all color and materials on the construction drawings when submitted to the City’s Building Division.
3. An au
tomatic fire sprinkler system will be required for each building that is 5,000 square feet or more in size.
4. Appr
oval of this project is not an authorization to commence construction. Building construction, alterations, repairs, sign erection or occupancy shall not be permitted without prior approval of the Building Division through issuance of any required permits.
5. The a
pplicant shall obtain approval of a City of Ceres building permit for the project and shall pay all applicable fees, including but not limited to: City of Ceres Public Facility Fees, Stanislaus County Public Facility Fees, and Ceres Unified School Di strict fees. These fees are adjusted annually. The applicant shall pay the fees in place at the time the building permit is issued.
6. The a
pplicant shall provide on- site restroom facilities during construction.
7. A
ccessible parking stalls shall have a dimension of 17’ x 19’ with the access area on the passenger side. ADA accessibility to the proposed building shall be required per State and Federal Law and to the approval of the Building official.
ATTACHMENT E
ITEM 15
8. The project will be subject to approval from the San Joaquin Air Pollution Control District.
F
ire Department
The project shall conform to any requirements imposed by the Fire Department, including, but not limited to:
1. Al
l construction shall conform to the requirements of the Ceres Building Division and Ceres Ordinance 84-625, as amended pertaining to the Uniform Fire Code and Ordinance 80- 546, as amended, pertaining to Automatic Sprinklers.
2. An a
utomatic fire sprinkler system is required for each building that is 5,000 square feet or more in size. Each sprinkler system must be approved by the Fire Marshal.
3. A H
ood and Duct Suppression System is required for restaurant uses.
4. A K
nox type key emergency access box is required for each building.
Location to be specified by the Ceres Emergency Services.
5. Al
l emergency vehicle access points and proposed utilities shall ensure cross -easements and shall be located per the proposed development plans unless modified by these conditions.
6. Al
l emergency vehicle access areas shall be constructed of an all weather material approved by the Ceres Emergency Services.
7. An a
pproved fire alarm system is required for each building and each system shall be 24- hour monitored by an approved and UL listed monitoring station.
8. Fi
re hydrant(s) are required. All fire hydrant(s) shall be spaced 300 feet apart in which both on and off site location to be approved by Ceres Fire Department. Fire hydrants shall also be within 50 feet of the Fire Department Connection on the same side roadway for the Automatic Fire Sprinkler System. They shall be connected to a minimum main size of 8 inches for a dead- end hydrant and 6 inches for a looped system.
9. Eac
h hydrant shall be Rich 960 or equal and be within 50 feet of each Fire Department Connection ( FDC). Fire Department Connections (FDC’s) shall be located per Ceres Fire Department specifications.
ATTACHMENT E
ITEM 15
10. Fire main layout shall be reviewed and approved by the Ceres Emergency Services. All water systems shall be looped when supplying more than one hydrant.
11. The a
pplicant shall provide and install security lighting for the project.
12. A mi
nimum of 48-hour notice is required for all inspections.
13. Al
l vertical obstructions shall be higher than 13 feet 6 inches.
14. The a
pplicant shall mark fire lanes within the project in the locations as approved by the Fire Marshall.
15. Si
te development plan review and approval is required to include the civil plans and fire inspections as required.
16. Ons
ite fire hydrants and fire department connection to the fire sprinkler system and required standpipes in the stairwells must be shown on the plans.
17. The par
king lot plan must show any parking spots required to
accommodate vehicles with a trailer in tow or tractor-trailer vehicles.
18. Fi
re lanes shall be clear at all times with a minimum of 26 feet width and 13’6” clearance.
19. Bui
lding and Fire permits will be reviewed for compliance with the code at the time of application.
P
olice Department
1. The project will be required to conform to the provisions of the Public Peace, Safety and Morals section of the Ceres Municipal Code.
ATTACHMENT E
ITEM 15
ATTACHMENT F
ITEM 15
ITEM 15
{CW135078.1}
NOTICE OF PUBLIC HEARING
NOTIC
E IS HEREBY GIVEN that the City Council of the City of Ceres will conduct a public hearing on Monday, January 22, 2024 beginning at 6:00 p.m., or soon thereafter, at the Ceres Community Center, 2701 Fourth Street, Ceres, C alifornia, to consider the following:
1. An Appe
al of the following Ceres Planning Commission decisions on December 4, 2023 : (a) Approval of a Vesting Tentative Map to subdivide an 8.66- acre parcel located at 1200 E Whitmore Avenue into five (5) commercial lots; and (b) Approval of a Conditional Use Permit to develop a car wash, gas station, and convenience store at the subdivided propert y, also located at 1200 E Whit more Avenue. A mitigated negative declaration was adopted for the project i n accordance with the California Environmental Quality Act. App ellant: Hardeep Gill.
2. A Resolu
tion to increase the per -day administrative fee charged by the City of Ceres for flea market ven dors from $1 to $2. The operator of the flea market would continue to collect the fee from vendors and remit the fees to the City of Ceres.
3. An Ordi
nance amending various chapters in Title 13 and Title 15 of the Ceres Municipal Code to adopt to the most current version of the following building codes and replacing those versions dated 2019 or prior: California Building Standards Code, California Electrical Code, California Plumbing Code, California Mechanical Code, California Fire Code , California Residential Code , California Green Building Standards Code, California Admin istrative Code, California Energy Code, and California Historical Building Code.
Public
comment may be submitted by emailing [email protected] by 4 :00 p.m. on the date of the meeting or verbally at the hearing.
The meet
ing agenda, staff report, and project documents will be publicly available by 6:00 p. m. on Friday, January 19 , 2024 at www.ci.ceres.ca.us and at 2220 Magnolia Street, Ceres during regular business hours.
Any p
erson who challenges thi s action in c ourt may b e limited to raising only those issues that t hey or someone else raised at the public h earing, or in wr itten correspondence delivered to the City of Ceres at, or prior to, the public hearing. /s/ Fal
lon Martin, City Clerk
Date Notice P
ublished: January 10, 2024
ATTACHMENT G
ITEM 15
ITEM 15
City of Ceres
City Council
January 22nd, 2024
Project Name: Appeal of Whitmore and Morgan
Development
Application No.: 23-18 (CUP)
Property Owner: Ajmer Singh Randhawa
Applicant: Brian Rosenberger
Planner: Teddie Hernandez, Senior Planner
ITEM 15
Attachment H
Project Details
23-18 (CUP): To develop a 4,000 square foot car
wash and a 4,500 square foot gas station.
Location: On the south side of East Whitmore
Avenue, 500 feet west of Morgan Road
ITEM 15
Aerial Vicinity Map
Project Area
ITEM 15
Zoning Map
Zone: Planned
Community (48)
Project
Location
ITEM 15
General Plan Map
General Plan Designation:
Community Commercial
(CC)
Project
Location
ITEM 15
Surrounding Land Uses
O’Reilly
Auto
Dutch
Bros
Office Zoned
(No proposed development)
Flyers Gas
Station
McDonalds
ITEM 15
Site Plan
Proposed
Gas Station
Existing
Flyers Gas
Station
Existing
McDonalds
Proposed
Car Wash
No Proposed
Development
at This Time
No Proposed
Development
at This Time
No Proposed
Development
at This Time
ITEM 15
Project Site Photo
ITEM 15
Background
August 10th, 2023, 23-18 (CUP) was submitted to the
Planning Division
August 30th, 2023, Planning Division deemed
application complete for processing
November 22nd, 2023, a Notice of Public Hearing was
posted
December 1st, 2023, Planning Commission Agenda
posted
December 4th, 2023, Planning Commission Hearing,
CUP approved with 5-0 vote
December 5th, 2023, Appeal of 23-18 (CUP) filed with
Planning Division
ITEM 15
Reasons for Recommendation
The Planning Commission determined the carwash
and gas station met the following required findings
for approval:
Consistent with the Ceres General Plan
Consistent with the current zone designation
No adverse effect on the surrounding properties
Conditions stated protect the public health, safety,
and general welfare
Develops an underdeveloped parcel, is considered “in- fill” and surrounded by existing commercial and
residential uses
Is consistent with General Plan Policies
ITEM 15
Options for City Council
Option 1: Deny the appeal, upholding Planning
Commission's approval
Option 2: Approve the appeal, denying Planning
Commissions approval
Option 3: Continue appeal hearing, with
directions to staff
ITEM 15
ITEM 15
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: January 22, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Christopher Hoem, Director of Community Development [email protected], (209) 538-5778
SUBJECT: City-Wide Garage Sale
RECOMMENDED COUNCIL ACTION:
Staff recommends the City Council discuss the options of organizing a City -wide garage sale event.
I. BACKGROUND:
Chapter 18, Garage Sales, of Title 5, Business Licenses and Regulations, of the Ceres Municipal Code describes the regulations that apply to garage sales in the City. (See Attachment A.)
According to Sales and Use Tax Regulations of the State of California (Regulation 1595, Article 7, Chapter 4, Title 18 of the California Code of Regulations), a California seller’s permit is required whenever a person makes three or more sales within a 12- month period. When a person holds a seller’s permit, they must file sales and use tax returns and pay any sales and use tax due.
Whether a person holds their own, individual garage sale or participates in a City -Wide Garage Sale event, each day is counted for the purposes of the Ceres Municipal Code and California laws. Therefore, if a Ceres resident holds two personal garage sales within a 12-month period prior to any City -Wide Garage Sale event, they would need to obtain a California seller’s permit in order to also participate in the city-wide event.
II. REASONS FOR RECOMMENDATION:
Organizing a City-Wide Garage Sale event could involve two options:
1. The City could require all participants to obtain a Garage Sale Permit, per the typical process and $5 fee. The marketing materials for the event would need to explicitly ITEM 16
state that a Garage Sale Permit is required. Enforcement of these permits may require additional focus by Ceres Code Enforcement Officers on the day of the event.
2. The City could waive the requirement to obtain a Garage Sale Permit for each City - Wide Garage Sale event participant for the duration of the event. The marketing materials for the event would need to explicitly state that a California seller’s permit may be required if the par ticipant has already held two personal garage sales within the prior 12-month period. As the City is not the main enforcement entity for California seller’s permits, it may be challenging to ensure all participants are following California laws pertaining to garage sales.
III. FISCAL IMPACTS:
There may be a negative impact to the City budget depending on the cost of enforcement.
IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:
N/A
V. POLICY ALTERNATIVES:
Council could choose to not organize a City-Wide Garage Sale event.
VI. INTERDEPARTMENTAL COORDINATION:
N/A
VII. PUBLIC PARTICIPATION:
The public is invited to comment on this proposal at the City Council meeting on January 22, 2024.
VIII. ENVIRONMENTAL REVIEW:
N/A
IX. STEPS FOLLOWING APPROVAL:
Following Council approval, City staff would organize and execute a City -Wide Garage Sale event.
Approved by: _____________________
Douglas D. Dunford
City Manager
Attachments:
1. Attachment A – Garage Sales Code
ITEM 16
Title 5 ‐ BUSINESS LICENSES AND REGULATIONS
CHAPTER 18 GARAGE SALES
Ceres, California, Municipal Code Created: 2022‐02‐04 16:49:46 [EST] (Supp. No. 1)
of 3
CHAPTER 18 GARAGE SALES
5.18.010 Definitions.
For the purpose of this chapter, and except where otherwise expressly defined in another section of this chapter, the following words and phrases shall have the meanings provided in this section. Where words and phrases are not expressly defined under this chapter, they shall be construed as their ordinary meaning within the context which they are used:
Family unit me
ans all those persons who reside with the owner or occupant at the address of the residential unit.
Garage sale means a sale conducted by an individual home owner or occupant of a home, or apartment owner, or occupant of an apartment unit, or owner or occu pant of any other residential or dwelling unit, for the purpose of selling, trading, bargaining, exchanging or otherwise disposing of unwanted or surplus household furnishings or goods, or other tangible personal property, usually conducted in a garage, on a patio, upon a driveway, or on or in any portion of premises in a residential zone, and fo r which no inventory or permanent or detailed records are kept on the transactions thus carried out. It may, at times, be conducted by a combination of residential dwellers at a single location. All sales designated, "lawn sale," "attic sale," "rummage sale," "moving sale," "flea market sale" or other terms of si
milar or like intent and having the foregoing characteristics and purposes are garage sales, excluding those sales held by charitable institutions on property owned and maintained by said institutions, and, excluding those sales sponsored by bona fide service clubs. (Ord. No. 2020‐1057 , § 1, 3‐23‐20 20)
5.18.020 Purpose and intent.
It is the intent and purpose of the City Council in adopting the ordinance codified in this chapter to regulate those activities which in the most technical sense have business or commercial characteristics, but which, because of the manner in which they are conducted or the purposes for which they are being operated are truly noncommercial
in nature. These regulations are intended to prevent the expansion of such noncommercial operations into truly commercial operations and to regulate the method of conducting the activity so that it will be confined to a noncommercial type of operation. It is the purpose of this chapter to prevent such activities from unfairly competing with licens
ed revenue‐producing commercial and business enterprises; to prevent the conduct of commercial enterprises upon other than commercially‐zoned property; and to curb the evasion of business license fees.
(Ord. No. 2020‐1057 , § 1, 3‐23‐2020)
5.18.030 Who may conduct a garage sale; frequency of sales.
A. Garage sales may be conducted by the following persons:
1. The owner of any residential unit within the City, or a member of the owner's family unit, provided such persons are actually residing upon said premises as their principal place of residence.
2. The occupant of any residential unit within the City, or a me mber of the occupant's family unit, provided such persons are actually residing upon the premises as their principal place of residence pursuant to a rental or lease agreement with the owner of the premises.
ATTACHMENT A
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(Supp. No. 1)
3. No more than two garage sales shall be conducted at any residential unit within the City during a 12‐ month period by the persons permitted to conduct such sales pursuant to this section. The 12‐month period shall commence on the date of the first garage sale.
B. In determining the number of gara ge sales conducted during the 12‐month period at the residential unit, all sales conducted by the owner, occupant, or member of the owner's or occupant's family unit shall be included. The City Manager shall have the discretion to determine whether an applicant may conduct a garage sale if that in dividual demonstrates to the City Manager's satisfaction a compelling justification for not meeting the requirements in this section.
(Ord. No. 2020‐1057 , § 1, 3‐23‐2020)
5.18.040 Application for permits.
Persons authorized to conduct garage sales pursuant to this chapter shall make verified application in a form satisfactory to the Finance Department. The application shall contain the following:
A. The name of the applicant and copy of a government ID or driver license; B. The address of the applicant;
C. The location of the proposed garage sale;
D. The
date or dates upon which it is proposed to conduct the garage sale; E. The date or dates of any prior garage sales held at the residence; F. A statement that the applicant is either an owner/occupant, a renter/lessee, or a member of the family unit of such o
wner/occupant or renter/lessee. In the discretion of the Finance Department, the applicant may be required to provide verification of applicant's ownership, occupancy or family unit status in a form satisfactory to the Director of Finance.
G. Any fees as provided by section 5.02.010.
(Ord. No. 2020‐10 57 , § 1, 3‐23‐2020)
5.18.050 Issuance of permits.
Upon receipt of the application, the Finance Director shall issue the permit to the applicant provided that the Director of Finance determines that all of the provisions of this chapter have been met. The permit shall specify the following:
A. The name of the permittee;
B. The exact address or location where the gara ge sale is to be conducted; C. The date or dates upon which the sale is to be conducted; D. The hours of the day during which said sale is to be conducted; E. The requirement that only one sign may be used to advertise said sale, which sign shall be displayed only at the sal
e, only during the date or dates and hours of said sale, and the further requirement that said sign shall not exceed six square feet in area nor six feet in height; F. A general description of the property to be offered for sale; G. The requirement
that the permit shall be revoked for failure to comply with all terms and conditions thereof, or the provisions of this chapter, or other applicable provisions of law;
ATTACHMENT A
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Created: 2022‐02‐04 16:49:46 [EST]
(Supp. No. 1)
H. The requirement that the permit shall be prominently displayed at the location of the garage sale; and, I. Such other conditions relating to the promotion, advertising, and conducting of the garage sale which, in the opinion of the Police Chief, are necessary or proper for the preservation of the peace, elimination of traffic hazards, safety of pede
strians, preservation of public or private property, or like or similar matters.
(Ord. No. 2020‐1057 , § 1, 3‐23‐2020)
5.18.060 Conduct of garage sales.
A. Sale items shall be limited to the personal property of permit applicant and his or her immediate family. Sale of items acquired for resale or consignment shall be prohibited.
B. The City shall issue no more than one permit to an individual in a four‐month period.
C. The permit must be displayed on the gara ge sale premises while the garage sale is operated.
D. Garage sales shall not be operated between the hours of 7:00 p.m. and 8:00 a.m.
E. Goods for sale shall not be placed in any public right‐of‐way nor shall goods be left out in an open are a visible to the public before or after the sale.
(Ord. No. 2020‐1057 , § 1, 3‐23‐2020)
5.18.070 Duration of sale.
No garage sale permit shall be issued permitting the promotion, advertising, or conducting of a garage sale for more than three consecutive days or for more than two consecutive Saturdays and Sundays. (Ord. No. 2020‐1057 , § 1, 3‐23‐2020)
5.18.080 Permit applications exceeding two garage sales per 12‐month period.
For the third and subsequent garage sale in any consecutive 12‐month period, the applicant must apply for a conditional use permit from the Ceres Planning Commission and pay all appropriate fees. (Ord. No. 2020‐1057 , § 1, 3‐23‐2020)
5.18.090 Exceptions.
This chapter shall not apply to the following persons:
A. Persons selling goods pursuant to an order of process of a court of competent jurisdiction; B. Persons acting in accordance with their powers and duties as public officials; or C. Churches, public schools, or charitable organizations, where the sale is conducted on the organizatio n's property.
(Ord. No. 2020‐1057 , § 1, 3‐23‐2020)
ATTACHMENT A
ITEM 16
ITEM 16