Agenda — Chowchilla City Council, June 24, 2025 (part 2 of 3)

Chapter 17.26 URBAN LOT SPLIT (PARCEL MAP)

17.26.010 Purpose and intent.

A. The purpose of this chapter is to implement California Government Code Section 66411.7 to provide an owner of a parcel zoned entirely for single-family residential use an additional method to subdivide the parcel through an urban lot split parcel map for the purpose of housing development; B. An urban lot split parcel map is defined as the subdivision of an existing legal lot zoned for single-family residential development under Chapter 18.06 of the Zoning Ordinance to create no more than two (2) new parcels in accordance with the requirements of this chapter; C. Urban lot split shall be used synonymously with a parcel map. A record data parcel map is prohibited. The parcel map shall be based on a field survey;
D. With respect to a division of land into four or fewer parcels, where dedications or offers of dedication are not required, the statement shall be signed and acknowledged by the subdivider only. If the subdivider does not have a record title ownership interest in the property to be divided, the local agency may require that the subdivider provide the local agency with satisfactory evidence that the persons with record title ownership have consented to the proposed division. For purposes of this paragraph, "record title ownership" means fee title of record unless a leasehold interest is to be divided, in which case "record title ownership" means ownership of record of the leasehold interest. Record title ownership does not include ownership of mineral rights or other subsurface interests that have been severed from ownership of the surface; E. The provisions of this Chapter shall be the primary regulations for the subdivisions of land for and development of two (2) unit residential developments under Cal. Government Code Sections 66411.7 and 65852.21. To the extent that an aspect of the subdivision of land for or development of two (2) unit residential developments under Sections 66411.7 and 65852.21 is not addressed by this Chapter, the provisions of the subdivision code and applicable zoning regulations shall apply, except where this would conflict with Sections 66411.7 and 65852.21;
F. In the event of a conflict between this Chapter and another provision of the Chowchilla Municipal Code, as it applies to the subdivision of land for or development of two (2) unit residential developments under Cal.

Government Code Sections 66411.7 and 65852.21, this Chapter shall prevail; and G. No exceptions to the standards in this section shall be requested or granted, except as allowed per Chowchilla Municipal Code Chapter 17.32.

17.26.020 Urban lot split application and procedures.

A. An application for an urban lot split shall be filed by the property owner or an agent of the property owner with the Planning Department on the City’s approved form, subject to a fee in an amount established by City Council resolution. An application shall be completed to the satisfaction of the Planning Department to be considered. The City will inform the applicant in writing of any incompleteness within thirty (30) days after an application is submitted;
B. An application shall include an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three (3) years from the date of the approval of the urban lot split. An affidavit shall not be required of an applicant that is either a “community land trust” (as defined by Rev. & Tax Code § 4 02.1(a)(11)(C)(ii)) or a “qualified nonprofit corporation” (as defined by Rev. & Tax Code § 214.15);
C. An application for an urban lot split shall meet the requirements set forth in this Chapter; D. The City shall act upon an application for an urban lot split without a discretionary review, public hearing, or Site Plan Review Committee Review, within fifty (50) calendar days after a complete application for an urban

Page 2 of 7 ends

lot split is filed. The time limit specified in this chapter may be extended by mutual consent of the applicant and the City;
E. The Director shall ministerially approve or deny the application for an urban lot split. The decision shall be final, and the Director shall state in written findings the reasons for approval or denial.

17.26.030 Review by other City departments and agencies.

A. The Planning Department shall transmit copies of the urban lot split and other required information to each of the following: Department of Public Works, Building & Safety, the Fire Department, and to such other agencies that it determines may be affected or may have an interest in the proposed subdivision; B. These departments or agencies shall submit their written reports, corrections, and recommendations within the time specified by the Planning Department. Such time limit shall not be more than fifteen (15) working days from the date of the transmittal letter.

17.26.040 Concurrent processing with other ministerial permits.

A. No development, including but not limited to grading or vegetation removal, shall commence on any lot, prior to, concurrent, or subsequent to an urban lot split, unless a valid building permit has been issued for the construction of an Accessory Dwelling Unit or Junior Accessory Dwelling Unit; B. A building permit shall not be issued for development on a parcel where an urban lot split is proposed, until the urban lot split is accepted and the map is recorded by the County of Madera, unless the proposed project conforms to the Subdivision Ordinance and the City’s policies and ordinances implementing Cal. Government Code Sections 65852.2, 65852.21, and 65852.22 without recordation of the urban lot split.

17.26.050 Preparation.

A. An urban lot split shall be prepared by a qualified California registered civil engineer or a California licensed surveyor in accordance with the Subdivision Regulations and the Subdivision Map Act. Civil engineers with licenses prior to January 1, 1982 (with a license number before 33966) are authorized to practice all land surveying and engineering surveying.

17.26.060 Urban lot split development standards.

The proposed subdivision shall conform to the following standards:

A. An urban lot split shall be prepared in accordance with requirements set forth in Section 17.28.030 of the Subdivision Ordinance, Cal. Government Code Section 66410 et. Seq., 66444-66450 and the applicable sections of this Chapter;
B. An urban lot split shall not be approved except in conjunction with a concurrently submitted application for building permits for a two (2) unit residential development pursuant to Cal. Government Code Section 65852.21 and subject to the provisions of Chapter 18.10, Chapter 18.12, and Section 17.26.040 as applicable; C. Development on the resulting parcels shall be limited to the residential development approved in the concurrently submitted building permit applications;
D. The parcel shall be located entirely within a Single-Family Zoning District; E. The site shall not be located within a City Historic District, on a designated Historic Landmark property, or included on the State Historic Resources Inventory;
F. The urban lot split will subdivide an existing parcel to create no more than two (2) new parcels; G. The parcel proposed for subdivision shall not result in more than two (2) dwelling units of any type per parcel involved in an urban lot split, including principal dwelling units, ADUs and JADUs, and residential development permitted by Cal. Government Code Section 65852.21;

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H. One (1) principal unit is required per parcel;
I. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner shall have previously subdivided an adjacent parcel under the provisions of this Chapter or Cal. Government Code Section 66411.7. Adjacent means situated near or close by. Adjacent includes real property across alleys, streets, public waterways or other public property;
J. The parcel proposed for subdivision shall not have been established through a prior exercise of an urban lot split as provided for by this Chapter or Cal. Government Code section 66411.7; K. The land uses proposed for the parcels created by the urban lot split shall be residential uses only (no mixeduse or commercial or other non-residential uses); L. Rental terms of any unit created by the subdivision shall not be less than thirty (30) consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one (1) thirty (30) day period occupancy by the same tenant;
M. The owner shall not have withdrawn rent or price-controlled accommodations from rent or lease on this parcel within fifteen (15) years prior to the date of application for the proposed project; N. The proposed housing development shall not require the demolition or alteration (defined as demolition or alteration of more than 25% of the existing exterior walls) of any of the following types of housing;

1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

2. Housing that is subject to any form of public agency rent or price control.

3. Housing that has been occupied by a tenant in the last three years.

17.26.070 Disapproval of an urban lot split.

A proposed urban lot split subdivision shall not be approved if any of the following apply:

A. The site is located within wetlands, as defined in the US Fish and Wildlife Service Manual, Part 660, PW 2 (June 21, 1993);
B. The site is located on a hazardous waste site that is listed per Cal. Government Code section 65962.5 or designated by Cal. Health & Safety Code section 25356;
C. The site is located within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law;
D. Based on a preponderance of the evidence, the building official finds that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Cal. Government Code Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact; E. The site is located within a special flood hazard area for the 100-year flood (any Zone A or Zone V), unless one of the two below conditions is satisfied:

1. The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or;

2. The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.

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F. The site is located within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations;
G. The site is located on lands identified for conservation in an adopted community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan; H. The site is located within habitat for protected species identified as a candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter

1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code); I. The site is located on lands under conservation easement; J. The proposed housing development would result in fewer dwelling units than would otherwise be allowed on the site by the General Plan Land Use Element, in accordance with the State’s No Net Loss requirements.

17.26.080 Urban lot split form, contents, and accompanying data.

An urban lot split shall be prepared in accordance with the requirements set forth in Chapter ___ of the Chowchilla Municipal Code, Cal. Government Code Section 66410 et. Seq., 66444-66450, and this Chapter. The map shall contain the following supplemental information to establish compliance with the construction plans and all provisions of this Code and applicable State law:

A. Preliminary title report of the property and shall be no more than 90 days old from the time of application submittal;
B. The size of each sheet shall be 18 by 26 inches. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. The particular number of sheets and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown:

1. The map number.

2. The boundaries of the subdivision, defined by legal description, with sufficient information to locate the property to determine its position with respect to adjacent named or numbered subdivisions, if any.

The boundary shall be based upon a field survey. Record data parcel maps are prohibited.

3. Total area (in acreage and square feet) of each proposed lot.

4. The directions of flow of all watercourses and flood-hazard control areas within and adjacent to the property involver per Federal Emergency Management Agency (FEMA) Flood Insurance rate (FIRM) maps, and the proposed method of providing storm water, drainage, and erosion control.

5. The location and extent of any known jurisdictional wetland areas or other sensitive habitat areas such as rare and endangered plant species or riparian vegetation;

6. The location of the site’s scenic landscape features and scenic corridors, ridgelines, and skylines, as defined in the City’s General Plan and State law, and an assessment of the visibility of any future development from or within scenic corridors;

7. Legal description of the parcel;

8. Lot width of each proposed lot;

9. Public right-of-way frontage of each proposed lot;

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10. Curve radii as applicable;

11. Location and dimensions of existing established proposed property lines. The existing property lines shall be based upon found monuments;

12. Zoning District;

13. General Plan Land Use Designation;

14. The location and use of all existing and proposed structures;

15. The Basis of Bearings shall be based on the California Coordinate System. Mapping shall comply with the California Public Resource Code;

16. All required zoning setbacks for the existing and proposed lots;

17. The location of all existing water, sewer, electricity, storm drain, or gas service lines, pipes, systems, or easements;

18. The location of all proposed new water, gas, sewer, storm drain, lines, pipes, or systems;

19. The location of any proposed and/or existing easements, including but not limited to, access or public utilities to serve a lot created by the subdivision;

20. The location and species name of any existing trees larger than four inches in diameter measured four feet six inches above the base and any such trees proposed for removal;

21. Existing and proposed topographic information shall be provided and shall be tied to the City’s datum.

Contour lines shall have the following intervals:
i. Two (2) foot contour interval for ground slope between ground level and ten (10) percent; and
ii. Five (5) foot contour interval for ground slope exceeding ten (10) percent.

22. Name and dimensions, including right-of-way and improved area, of public and private streets or public alleys and private alleys adjoining the parcel;

23. Curb, gutter, sidewalk, parkway, and street trees: type, location, and dimensions;

24. Location of existing or proposed driveway dimensions, materials, and slope (including cross slope);

25. Location of existing or proposed vehicular access to the public right-of-way; and

26. Location of existing or proposed pedestrian pathway access to the public right-of-way.

17.26.090 Map requirements.

The proposed subdivision shall conform to the following requirements:

A. The two (2) new parcels shall be of approximately equal lot area; B. One (1) parcel shall not be smaller than forty (40) percent of the lot area of the original parcel; C. Both newly created parcels shall be no smaller than 1,200 square-feet each; D. All easements required for the provision of public services and facilities shall be provided to the satisfaction of the Director of Public Works;
E. Each parcel shall be served by a separate water service meter, a separate sewer service connection, and gas connection if required;
F. Each parcel shall drain to the street or to a developed drainage easement;

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G. Both newly created parcels shall conform to the minimum lot width requirements in Chapter 18.10, Chapter 18.12, and Chapter 17.32 of the Chowchilla Municipal Code. Lot width exceptions shall meet the requirements set forth in Chapter 17.32;
H. Lot width means the horizontal distance between the midpoints of the side lot lines, measured at right angles to the line measuring depth;
I. Each of the proposed parcels shall have public right-of-way frontage (public street or alley) abutting the original parcel;
J. A flag lot, or a lot with a narrow projecting strip of land extending to or along a public right-of-way frontage, shall not be permitted;
K. Lot depth shall be measured at average distance between the front and rear lot line of the newly created lot;
L. New lot lines shall be straight lines, unless there is a conflict with existing improvements or the natural environment in which case the line may not be straight but shall follow the appropriate natural course; M. Interior lot lines not facing the street shall be at right angles perpendicular to the street on straight streets, or radial to the street on curved streets;
N. Lot lines shall be contiguous with existing zoning boundaries; O. The placement of lot lines shall not result in an accessory building or accessory use on a lot without a main building or primary use on the same lot, as defined in the Zoning Ordinance; P. Lot lines shall not render an existing structure as nonconforming in any respect (e.g. setbacks, open yard, Floor Area Ratio, parking), nor increase the nonconformity of an existing nonconforming structure.

17.26.100 Expiration.

An approved urban lot split shall expire thirty-six (36) months after its approval, except when a time extension has been granted by the Director or meets the terms allowed by Cal. Government Code Section 66452.6.

17.26.110 Revision and amendments of an urban lot split.

A. Where an applicant desires to revise or amend an approved urban lot split map, the applicant may file a revised urban lot split map, prior to the expiration of the approved urban lot split map/ A revised urban lot split map shall be subject to additional fees in an amount established by City Council resolution; B. Revisions and amendments to the urban lot split shall be made pursuant to Section 66469 et seq. of the Subdivision Map Act;
C. Failure to record a final map before the urban lot split expires shall cause the urban lot split parcel map approval to become null and void with no further action required on the part of the City. Any pending building permit application that proposes two (2) principal structures on the original parcel shall become null and void with no further action required on the part of the City, unless the applicant revises the permit application to comply with the Zoning Ordinance and the requirements in Cal. Government Code Sections 66444-66450;
D. Once an urban lot split has expired, no further subdivision action shall take place until a new tentative map is approved.

17.26.120 County recording.

A. The applicant shall apply for a parcel map with the Department of Public Works prior to approval and recordation of the urban lot split;

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B. Prior to the approval and recordation of the parcel map, the applicant shall record a restrictive covenant on each property title in the form prescribed by the City of Chowchilla City Attorney which shall run with the land and provide the following:
a. A prohibition against further subdivision of the parcel using the urban lot split procedures as provided for in this Chapter; and
b. A prohibition on the conversion of nonresidential uses of any units developed or constructed on either resulting parcel, and a prohibition against renting or leasing the units for fewer than thirty (30) consecutive calendar days.

C. The urban lot split shall be subject to the map provisions in Chapter 17.24.

D. Upon the approval of the parcel map, the applicant or the property owner shall submit the map to the County Recorder for recordation. The map shall be accepted and recorded by the County prior to issuance of any building permits by the City, except as otherwise provided by this Chapter.

17.26.130 Urban lot split withdrawal.

Any applicant with the owner’s consent or record owner of the subject property may withdraw an urban lot split parcel map at any time prior to the recordation of the urban lot split. Notice of withdrawal shall be provided to the Director in writing. Upon receipt of such notice, the urban lot split shall be considered officially withdrawn, with no further action required on the part of the City. Any building permit application that proposes more than two (2) principal structures on the original parcel shall be null and void with no further action on the part of the City, or such permit(s) may be revised by the applicant to comply with the Zoning Ordinance and requirements in Cal.

Government Code Sections 66444-66450.
- CODE OF ORDINANCES
Title 18 - ZONING
Chapter 18.08 LAND USE TABLES
Chowchilla City, California, Code of Ordinances Created: 2024-06-28 16:22:12 [EST] (Supp. No. 19, Update 1)

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Chapter 18.08 LAND USE TABLES

18.08.010 Land use restriction.

No structure, or any part thereof, shall be erected, enlarged, or reduced, nor shall any site or structure be used, designated, or intended to be used for any purpose or in any manner other than is included among the uses listed in the land use tables in this chapter as permitted, administratively permitted, or conditionally permitted in the zone district in which such structure, land, or site is located, except as otherwise authorized by this title. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.08.020 Residential land use table.

A. The following table identifies which land uses are permitted by right, require a use permit, or are not allowed in the R-L, R-M, R-MH, and R-H zones.

B. A "P" means that the use is permitted by right in that zone. A "C" means the use requires a conditional use permit in that zone. An "A" means the use requires an administrative use permit in that zone. A "T" means the use requires a temporary use permit in that zone. A blank box means the use is not allowed in that zone.

C. Land uses are grouped generally by type of use, and then listed alphabetically. The land use groups are accessory and support uses; residential uses; and other uses. Use of the word "or" can mean either or both uses.

D. Land uses with specific land use standards shall meet the requirements found in the identified section in the last column of the table.

E. If two or more land uses are permitted in the same zone, those land uses may coexist on the same site.

Table 18.08.020
Residential Zone Use Table
P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Single-Family
Residential
Zones
Multi-Family
Residential
Zones
Specific Land
Use Standards
(See identified
Section)
Land Uses R-L R-M-5
R-M-6

R-MH R-H
Residential Uses
Created: 2024-06-28 16:22:12 [EST]
(Supp. No. 19, Update 1)

Page 2 of 18 ends

1 Assisted living, skilled nursing, or
hospice facility

C C C C
2 Bed and breakfast inn C 18.60.050
3 Boarding house or rooming house P P P
4 Emergency shelter C P C P
5 Employee housing for six (6) or
fewer employees

P P P P
6 Employee housing for six (6) or more
employees
C 18.60.220
7 Hotel or motel
8 Manufactured home on permanent
foundation
A P A P 18.60.100
9 Mobilehome, not within a
mobilehome park
P C 18.60.100
10 Mobilehome park C 18.60.130
11 Multi-family dwelling, two (2) units
per building (duplex)

C C P P P
12 Multi-family dwelling, three (3) or
four (4) units per building (triplex or
fourplex)
C P P
13 Multi-family dwelling, five (5) or
more units per building
P P
14 Recreational vehicle park C C
15 Residential care facility, up to six (6)
persons

P P P P
16 Residential care facility, seven (7) or
more persons

C P C P
17 Single-family dwelling, attached P P P
18 Single-family dwelling, detached P P P
19 Single-room occupancy (SRO) C
20 Supportive housing P P P P 18.60.240
21 Transitional housing P P P P
Residential Accessory and Support
Uses
30 Accessory dwelling unit A A A A 18.60.030
31 Building ancillary to the main
residential use

P P P P
32 Cottage food operation A A A A 18.60.060
Created: 2024-06-28 16:22:12 [EST]
(Supp. No. 19, Update 1)

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33 Expansion of existing
nonconforming residential use

C C C C
34 Guest house P P
35 Home occupation P P P P Chapter 18.78
36 Keeping of household pets P P P P Chapter 6.04
37 Raising of fruit, vegetables, and
horticultural specialties for personal
use

P P P P
38 Temporary caretaker's dwelling T T T T
39 Temporary materials storage yard T T T T
40 Temporary residential sales office T T T T
41 Other accessory or ancillary use or
structure that the director
determines is customarily associated
with, and subordinate to, a primary
permitted use.

P P P P
Other Uses
50 Cannabis cultivation (indoor) A A A A 9.11.050
51 Cannabis Cultivation (outdoor) 9.11.040
52 Cannabis delivery 9.11.070
53 Cannabis distribution 9.11.070
54 Cannabis laboratory testing 9.11.070
55 Cannabis manufacturing 9.11.070
56 Cannabis processing 9.11.070
57 Cannabis product labeling 9.11.070
58 Cannabis retail dispensing 9.11.070
59 Cannabis storing 9.11.070
60 Cannabis transporting 9.11.070
61 Community center or facility C C C C
62 Daycare, adult small family P P P P 18.60.070
63 Daycare, adult large family A A A A 18.60.070
64 Daycare, small family P P P P 18.60.070
65 Daycare, large family A A A A 18.60.070
66 Daycare center C C C C 18.60.070
67 Gas and electric transmission lines,
electrical transmission and
distribution substation, gas
regulator station, communications
equipment building, public service

C C C C
Created: 2024-06-28 16:22:12 [EST]
(Supp. No. 19, Update 1)

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pumping station or elevated
pressure tank
68 Outdoor storage that is visible from
a public right-of-way
69 Park or playground P P P P
70 Religious institution or facility C C
71 Self-storage facility or miniwarehouse C
72 School, private (kindergarten to 12th
grade)
C C
73 School, public (kindergarten to 12th
grade)

P P P P
74 Storm drainage basin, with or
without a park

P P P P
75 Land uses listed in the commercial,
office, and industrial zone use table
(Section 18.10.040) that are not
listed in this residential zone use
table
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020)

18.08.030 Commercial, office, and industrial land use table.

A. The following table identifies which land uses are permitted by right, require a use permit, or are not allowed in the C-N, C-S, C-H, MX-D, MX, O, I-L, I-H, PF, and OS zones.

C. Land uses are grouped generally by type of use, and then listed alphabetically. The land use groups are Accessory and Support Uses; Eating and Drinking Establishment Uses; Education, Religious, and Assembly Uses; Manufacturing and Processing Uses; Office and Medical Uses; Public and Quasi-Public Uses; Recreation Uses; Residential Uses; Retail Uses; Service Uses; Transportation and Storage Uses; and Other Uses.

D. Land uses with specific land use standards shall meet the requirements found in the identified Section in the last column of the table.

E. If two or more land uses are permitted in the same zone, those land uses may coexist on the same site.

Table 18.08.030
Commercial, Office, and Industrial Use Table
P = Use is Permitted by Right C = Use Requires Conditional Use Permit Created: 2024-06-28 16:22:12 [EST]
(Supp. No. 19, Update 1)

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A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Commercial and Mixed
Use Zones
Office and
Industrial
Zones
Other
Zones
Specific Land
Use
Standards
(See
identified
Section)
Land Uses CNCSCHMXDMX O I-L IHPF OS
Accessory and
Support Uses
A1 Automated teller
machine (ATM)

P P P P P P P P P
A2 Caretaker
residence or
quarters

C C C C
A3 Cottage food
operation
A A 18.60.060
A4 Daycare primarily
for children of
employees on the
same site as a
permitted use
P P P P P P P P P 18.60.070
A5 Drive-thru pick-up
window meeting
all standards of

18.60.070
P P P C C 18.60.080
A6 Drive-thru pick-up
window not
meeting all
standards of

18.60.070
C C C C C 18.60.070
A7 Electric vehicle
recharging facility

P P P P P P P P P P
A8 Food service
primarily for
employees on the
same site as a
permitted use

P P P P P P P P P P
Created: 2024-06-28 16:22:12 [EST]
(Supp. No. 19, Update 1)

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A9 Games of skill or
amusement, eight
(8) or less

P P P P P P P
A10 Games of skill or
amusement, more
than eight (8)

C C C C C C C
A11 Home occupation A A Chapter

18.78 A12 Keeping of
household pets
P P Chapter 6.04
A13 Mobile food
vendor
A
/ T
A
/ T
A
/ T
A /
T
A /
T
A
/ T
A
/ T
A
/ T
A
/ T

18.60.120
A14 Outdoor
advertising
structure
A15 Outdoor storage
ancillary to and on
the same site as a
permitted use
P P P P P P 18.60.150

18.60.180
A16 Temporary
materials and/or
equipment
storage yard

T T T T T T T T P
A17 Temporary sales
office (including
parking lot)
T T
A18 Vending machines P P P P P P P P P 18.60.190
Eating and
Drinking
Establishment
Uses
B1 Artisan food and
beverage
production and
sales

P P P P P P
B2 Bar, nightclub, or
lounge

C C C C
B3 Brewpub C P C P P
B4 Microbrewery P C P C C
B5 Restaurant, full
service (with no

P P P P P
Created: 2024-06-28 16:22:12 [EST]
(Supp. No. 19, Update 1)

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on-site alcoholic
sales)
B6 Restaurant, full
service (with ABC
Type 41 License)

A A A A A
B7 Restaurant, full
service (with ABC
Type 47 License)

C C C C C
B8 Restaurant,
limited service
with drive-thru
pickup window
meeting all
standards of
[Section]

18.60.080
P P P C P 18.60.080
B9 Restaurant,
limited service
with drive-thru
pickup window
not meeting all
standards of
[Section]

18.60.080
C C C C C 18.60.080
B10 Restaurant,
limited service
without drive-thru
pickup window

P P P P P
Education,
Religious and
Assembly
C1 Auditorium P P P
C2 Card room C
C3 Club, lodge, or
private meeting
hall
P P P
C4 Carnival or circus T T T T
C5 College or
university, public
or private

C C C P
Created: 2024-06-28 16:22:12 [EST]
(Supp. No. 19, Update 1)

Page 8 of 18 ends

C6 Convention or
conference center
P P P
C7 Funeral home or
mortuary
C C
C8 Library, museum,
or cultural facility
P P
C9 Pool hall or billiard
parlor
C C
C10 Religious
institution or
facility

P C P C C
C11 School, private
(kindergarten to
12th grade)
C
C12 School, public
(kindergarten to
12th grade)
P
C13 School; charter,
trade, vocational,
art, business, or
professional

P C C C C P
C14 Studio for martial
arts, music, dance,
yoga, exercise,
gymnastics or
similar

P P P P P P C
C15 Theater, live or
movie

C C P P
Manufacturing
and Processing
Uses
D1 Agricultural crop
production

C P P P
D2 Agricultural
products packing,
packaging,
preparing or
processing
C P
D3 Animal raising
D4 Brewery, winery,
or distillery
C C C
Created: 2024-06-28 16:22:12 [EST]
(Supp. No. 19, Update 1)

Page 9 of 18 ends

D5 Hazardous waste
facility
C
D6 Industrial or
manufacturing
facility, heavy
P
D7 Industrial or
manufacturing
facility, light
P P
D8 Meat packing or
slaughterhouse
C
D9 Mining, quarry, or
sand and gravel
excavation
C
D10 Research and
development
facility

P C P P C
Office and
Medical Uses
E1 Business support
service

P P P P
E2 Call center C C
E3 Communications
broadcasting or
media studio

P P C P C
E4 Laboratory;
general, medical
or dental

P C C P P C
E5 Hospital, general
or psychiatric
P P
E6 Office; medical,
dental, or
optometry

P P P P P
E7 Office;
professional or
commercial

P P P P P
E8 Pharmacy P P P P P
E9 Urgent care center
or other walk-in
clinic

P P P P P
Public and QuasiPublic Uses
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(Supp. No. 19, Update 1)

Page 10 of 18 ends

F1 Cemetery P
F2 Community center
or facility
P C P
F3 Community
garden

P P P P P P
F4 Electrical
distribution and
transmission and
substation, gas
regulator station,
communications
equipment
building, public
service pumping
station or
elevated pressure
tank

C C C C C C C C C C
F5 Fairgrounds P
F6 Government
office; local, state,
or federal

C P P P P P
F7 Post office P P P P
F8 Public corporation
yard, utility yard,
or vehicle and
heavy equipment
maintenance and
storage yard
P P
F9 Public safety
facility or station

P P P P P P
F10 Social service
office, assistance
center, or
guidance center

C C P P
F11 Storm drainage
basin, with or
without a park

P P P P P P P P P
F12 Wireless
communication
facility (WCF)
P P C C C P P P Chapter

18.68 Recreation Uses
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(Supp. No. 19, Update 1)

Page 11 of 18 ends

G1 Athletic complex
or ball field
P
G2 Commercial
recreation facility,
indoor

C P P C P C
G3 Commercial
recreation facility,
outdoor

C C C C
G4 Golf course or
country club
C
G5 Health or fitness
facility, large

P C P P C
G6 Health or fitness
facility, small

P P P P P P C
G7 Park or
playground

C P P C
Residential Uses
H1 Assisted living,
skilled nursing, or
hospice facility
C C C
H2 Bed and breakfast
inn
C C C 18.60.040
H3 Boarding or
rooming house

C C C C C
H4 Emergency shelter P P
H5 Employee housing
for six (6) or fewer
employees
P P
H5 Employee housing
for six (6) or more
employees
C P P P 18.60.220
H6 Hotel or motel P P P P
H7 Live/work facility P P P C
H8 Mobile home park 18.60.100
H9 Multi-family
dwelling, two (2)
units per building
(duplex)
P P P
H10 Multi-family
dwelling, three (3)
or four (4) units
P P P
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(Supp. No. 19, Update 1)

Page 12 of 18 ends

per building
(triplex or
fourplex)
H11 Multi-family
dwelling, five (5)
or more units per
building
C
P
P P
H12 Recreational
vehicle park
C C
H13 Residential care
facility, up to six
(6) persons

P P P P
H14 Residential care
facility, seven (7)
or more persons

P P P C
P
H15 Residential
dwelling located in
same building
with office or
commercial use
C P P
H16 Single-family
dwelling, attached
P P P
H17 Single-family
dwelling,
detached
P P P
H18 Single-room
occupancy (SRO)
P P
H19 Supportive
housing
P P P P P 18.60.240
H20 Transitional
housing

P P P P P
H21 Low Barrier
Navigation Center
P P P
8 Manufactured
home on a
permanent
foundation
P P P 18.60.100
Retail Uses
I1 Adult
entertainment
establishment
C C C 18.62
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Page 13 of 18 ends

I2 Auction or sales
house
P P P
I3 Auction or sales
yard
C
I4 Vehicle sales, new
and used
P P 18.60.150
I5 Vehicle sales, used
only
P P 18.60.150
I6 Boat, recreational
vehicle (RV), and
truck sales
P P
I7 Building materials
and supply or
home
improvement
store

P P P C
I8 Convenience
store, with or
without fuel sales

P P P P P C
I9 Farm or
construction
equipment sales
or service
P C
I10 Farmers market A A A A
I11 Feed and seed
store
P P P
I12 Food market P P P P P
I13 Food produce
stand

A A A A A A A A
I14 Fuel sales, fleet or
cardlock

P P P P P
I15 Fuel sales, retail P P P P P C
I16 Garden shop P P P
I17 Landscape nursery P C C C
I18 Liquor store P P P P P
I19 Manufactured
home sales yard
C
I20 News, magazine
or flower stand,
outdoor
C C
I21 Pawn shop P P
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Page 14 of 18 ends

I22 Pet store P P P P
I23 Retail sales store P P P P P
I24 Retail sales solely
via internet, direct
mail, or telephone

P C P P
I25 Secondhand or
thrift store
P P
I26 Swap meet or flea
market

C C C C
I27 Tobacco, smoke,
or vape shop

C C C C
Service Uses
J1 Ambulance service P P C
J2 Bank or credit
union

P P P P P P
J3 Barber shop, hair
salon, nail care,
massage therapy,
or day spa

P P P P P C C
J4 Car wash,
automatic or full
service

C P P C P
J5 Car wash, selfservice C C C
J6 Carpet cleaning
and dyeing
P C P
J7 Construction
materials recycling
C P
J8 Copy, printing, or
mailing service

P P P P P P P
J9 Crematorium C C
J10 Dry cleaning or
laundromat

P P P P P
J11 Equipment rental
yard
P P
J12 Exterminator or
pest control
service

P C P P P
J13 Food catering P P P
J14 Fortunetelling P P
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(Supp. No. 19, Update 1)

Page 15 of 18 ends

J15 Fuel distributing P P P
J16 Kennel or animal
boarding

P P C C
J17 Linen, diaper, or
uniform supply
service
P P P
J18 Motor vehicle
repair or service,
major

P P C P P
J19 Motor vehicle
repair or service,
minor

P P C P P
J20 Payday lenders or
check cashing
establishment
C C C
J21 Pet grooming C P C P
J22 Photography
studio

P P P P P P
J23 Recycling, small
collection facility
(CRV only)
P P P P P P P 18.60.160
J24 Recycling, large
collection facility
P P P 18.60.160
J25 Recycling,
processing or
sorting facility
C C
J26 Repair shop, large
appliance or
equipment
P C P
J27 Repair shop, small
appliance or
equipment

C P P P
J28 Shooting range,
indoor
C C C
J29 Shooting range,
outdoor
J30 Specialty
construction or
trade service
P P P
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Page 16 of 18 ends

J31 Tailoring or
clothing
alterations

P P P P P
J32 Tattooing or body
art

C C C C
J33 Veterinary clinic
or office
P C P
J34 Veterinary
hospital
C
Transportation
and Storage Uses
K1 Airport or heliport P
K2 Bus, transit, or
train station

P P P P P P
K3 Cold storage or ice
house
C P P
K4 Food locker P P P
K5 Junk yard,
wrecking yard, or
salvage facility
C
K6 Mini-warehouse
or self-storage
facility

P C C C
K7 Parking facility,
off-site

C C C C
K8 Truck stop or
travel center
C
K9 Trucking or
transportation
terminal
C P
K10 Vehicle impound
yard
C P P
K11 Warehouse or
distribution center
P P
Other Uses
L1 Cannabis
cultivation
(indoor)
A A A 9.11.050
L2 Cannabis
cultivation
(outdoor)

9.11.040
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Page 17 of 18 ends

L3 Cannabis delivery 9.11.070
L4 Cannabis
distribution

9.11.070
L5 Cannabis
laboratory testing

9.11.070
L6 Cannabis
manufacturing

9.11.070
L7 Cannabis
processing

9.11.070
L8 Cannabis product
labeling

9.11.070
L9 Cannabis retail
dispensing

9.11.070
L10 Cannabis storing 9.11.070
L11 Cannabis
transporting

9.11.070
L12 Daycare, adult
small family
P P P 18.60.070
L13 Daycare, adult
large family
A A A 18.60.070
L14 Daycare, small
family
P P P 18.60.070
L15 Daycare, large
family
A A A 18.60.070
L16 Daycare center C C C C C C 18.60.070
L17 Other uses not
listed that are
determined by the
director to be
similar in nature
to a listed use that
is permitted in the
same zone

P P P P P P P P P P
L18 Other uses not
listed that are
determined by the
director to be
similar in nature
to a listed use that
requires an
administrative use

A A A A A A A A A A
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Page 18 of 18 ends

permit in the
same zone
L19 Other uses not
listed that are
determined by the
director to be
similar in nature
to a listed use that
requires a
conditional use
permit in the
same zone

C C C C C C C C C C
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020; Ord. No. 519-24, § 5(Exh. A), 2-13-2024)

18.08.040 Addition of a use to land use tables.

Upon an application or on its own initiative and pursuant to Chapter 18.86, the city council may add a use to the land use tables established in this chapter if the council makes all of the following findings:

A. That the addition of the use to the land use table will be in accordance with the purposes of this title and of the zone district or districts in which the use will be permitted; B. That the zone district or districts in which the use is to be permitted has similar basic characteristics as the present uses allowed in the district or districts;
C. That the use will not generate a noticeably greater amount of odor, dirt, smoke, noise, vibration, illumination, glare, unsightliness or any other objectionable influence or hazard than the amount normally created by any of the other uses permitted in the district or districts in which the use will be permitted;
D. That the establishment of the use in the zone district or districts in which it will be permitted will not be detrimental to the public health, safety, or welfare. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)
- CODE OF ORDINANCES
Title 18 - ZONING
Chapter 18.10 LOW DENSITY RESIDENTIAL ZONE
Chowchilla City, California, Code of Ordinances Created: 2024-06-28 16:22:13 [EST] (Supp. No. 19, Update 1)

Page 1 of 5 ends

Chapter 18.10 LOW DENSITY RESIDENTIAL ZONE

18.10.010 Application.

This chapter shall apply to all land within the Low Density Residential (R-L) zone. The purpose of the R-L zone is to provide areas that serve as a transition between the urban environment and the surrounding agriculture at a density of 0.1 to two dwellings per gross acre.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.10.020 Permitted uses.

A. Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 18.08.020. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.10.030 Lot area.

The minimum lot area shall be twenty thousand square feet, except as provided for urban lot splits under the provisions of California Government Code Section 65852.21, which allows a minimum lot size of one thousand two hundred (1,200) square feet per parcel.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.10.040 Lot dimensions.

A. The minimum lot frontage shall be forty feet.

B. The minimum lot width shall be eighty feet for interior lots and ninety feet for corner lots.

C. The minimum lot depth shall be one hundred feet for lots fronting on a local street and one hundred thirty feet for lots fronting on collector or arterial streets. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.10.050 Dwelling units per lot.

Not more than one dwelling unit shall be allowed on each lot, unless approved as an accessory dwelling unit in accordance with Section 18.60.030.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.10.060 Coverage.

The maximum coverage of a lot in the R-L zone shall be forty percent.

Created: 2024-06-28 16:22:13 [EST]
(Supp. No. 19, Update 1)

Page 2 of 5 ends

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.10.070 Building setback areas.

A. Only permitted accessory structures shall be placed within a building setback area.

B. The front building setback area shall be a minimum twenty-five feet from the front lot line for lots fronting a local street, and thirty-five feet from the front lot line for lots fronting a collector or arterial street.

C. The rear building setback shall be a minimum thirty feet from the rear lot line for one-story buildings and a minimum forty feet for multi-story buildings, except as provided for duplexes and urban lot split parcels under the provisions of California Government Code Section 65852.21, which allows a minimum rear building setback of four feet.

D. The interior side building setback area shall be a minimum ten feet from an interior side lot line for one-story buildings and a minimum fifteen feet from the interior side lot line for multi-story buildings, except as provided for duplexes and urban lot split parcels under the provisions of California Government Code Section 65852.21, which allows a minimum interior side building setback of four feet.

E. The street side building setback area shall be a minimum twenty-five feet from a street side property line where the lot line fronts a local street, and thirty-five feet from the street side lot line where the lot line fronts a collector or arterial street, except as provided for duplexes and urban lot split parcels under the provisions of California Government Code Section 65852.21, which allows a minimum street side building setback of four feet.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020)

18.10.080 Distances between structures.

The minimum distance between structures shall be ten feet, except as provided by the building code. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.10.090 Height of structures.

The maximum structure height shall be thirty-five feet. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.10.110 Driveways.

A. The width of a driveway and any paved area shall not cumulatively exceed forty percent of the width of the lot's street frontage on which the driveway and any paved area faces. In the case of "L" or "U" shaped driveways or other configurations besides perpendicular driveways, the paved area of these driveways shall not exceed fifty percent of the front building setback area.

B. On corner lots, the driveway shall be located on the side of the lot adjacent to the interior lot line.

C. On key lots, the driveway shall be located on the side of the lot that is not adjacent to the rear lot line of the adjacent reverse corner lot.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)
Created: 2024-06-28 16:22:13 [EST]
(Supp. No. 19, Update 1)

Page 3 of 5 ends

18.10.120 Accessory structures.

Accessory structures may be located with a required rear or side building setback area subject to all of the following:

A. The walls shall be at least five feet from rear and side lot lines.

B. The accessory structure shall be separated from other structures by a minimum of ten feet.

C. Any accessory structure greater than one hundred twenty square feet shall first secure approval of a building permit.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020)

18.10.130 Other setback standards.

A. Mechanical equipment shall be located a minimum of ten feet from a side lot line that adjoins a neighboring side lot line.

B. Above or below ground swimming pools shall be set back five feet from all lot lines.

C. Decks, balconies, and other types of platforms with a floor height over two feet high shall be set back five feet from the rear and interior side lot lines and ten feet from the street side lot line. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.10.140 Off-street parking.

A. Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 18.54.

B. Single-family dwellings shall provide a minimum of one covered and one uncovered parking space. Other uses shall provide parking as prescribed in Chapter 18.54.

C. Required parking spaces may not be provided in within any front, side, or rear building setback area.

D. The exterior siding and roofing materials utilized on garages and carports shall match the design and materials of any single-family dwelling on the same lot.

E. No recreation vehicle, including without limitation camping trailer, boat trailer, utility trailer, boat, pickup camper, motor home, dune buggy, or similar vehicle/trailer shall be stored or parked, except within an enclosed side or rear yard or within a garage or carport except if a side or rear yard is not accessible due to existing legal permanent structures. A recreational vehicle or trailer may be parked in a driveway or adjacent to a driveway if it does not create a nuisance or safety problem as determined by the director.

F. All recreational vehicles or trailers parked in a location visible from the street are to be clean and maintained so as not to detract from the neighborhood. Also, see Chapter 10.76 of the Chowchilla Municipal Code.

G. No recreational vehicle or trailer shall be used as a residence.

H. All motor vehicles incapable of movement under their own power, other than in cases of emergency, shall be stored in an entirely enclosed space, garage, or carport. Vehicles with custom fitted covers may be stored in an open area when it does not create a nuisance or safety problem as determined by the director, cause complaints from neighbors, or violate any section of this code.

Created: 2024-06-28 16:22:13 [EST]
(Supp. No. 19, Update 1)

Page 4 of 5 ends

I. Repair of vehicles owned by the resident of the property and storage of parts shall be within an enclosed garage, or carport if no garage exists. Repair of vehicles not owned by the resident of the property is prohibited. Vehicle repair and storage of parts are prohibited in a driveway and the front or street side building setback areas.

J. Garages and carports are to be primarily used for the parking of four-wheeled vehicles. The use of garages or carports for general storage, recreation activities, or other uses that prevent the use of the garage or carport for the parking of at least one, four-wheeled vehicle is prohibited.

K. Driveways shall be designed so that vehicles are not required to back out onto collector or arterial streets.

L. No off-street parking requirements shall be imposed for duplexes or urban lot split units created under California Government Code Section 65852.21 that are either 1) located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code, or 2) located within one block of a car share vehicle location. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.10.150 Usable open space.

There is no open space requirement in the R-L zone.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.10.160 Landscaping.

A. Landscaping shall be provided for each use as prescribed in Chapter 18.52 standards.

B. Except for driveways and approved parking areas, all yard areas and setback areas visible from the street(s) shall be landscaped with live plant materials and ornamentation common to the Chowchilla area or up to one hundred percent of the yard and setback area may be landscaped with artificial turf and other permeable surfaces.

C. Required landscaping is to be installed prior to occupancy of the residence, apartment, or office and continually maintained pursuant to Chapter 18.52. The director may grant an exception to this section to avoid planting in inclement weather.

D. Landscaped areas are not to be used or converted to parking areas or any other use which results in the damage or removal of the landscaping. However, the widening of an existing paved driveway perpendicular to the street is permitted if the total width of the existing paving and the new paving does not exceed forty percent of the lot frontage along the street.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.10.170 Screening, fences, and walls.

Fences and walls shall be provided on the site for each use in accordance with Sections 18.50.110 and

18.50.120.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)
Created: 2024-06-28 16:22:13 [EST]
(Supp. No. 19, Update 1)

Page 5 of 5 ends

18.10.180 Signs.

Signs placed in the R-L zones shall be subject to the requirements and standards prescribed in Chapter 18.56. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.10.190 General provisions and standards.

Structures and the use of structures or land shall be subject to the requirements and standards prescribed in Chapter 18.50.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)
- CODE OF ORDINANCES
Title 18 - ZONING
Chapter 18.12 MEDIUM DENSITY RESIDENTIAL ZONE
Chowchilla City, California, Code of Ordinances Created: 2024-06-28 16:22:13 [EST] (Supp. No. 19, Update 1)

Page 1 of 6 ends

Chapter 18.12 MEDIUM DENSITY RESIDENTIAL ZONE

18.12.010 Application.

This chapter shall apply to all land within the Medium Density Residential (R-M) zones. This includes both the R-M-5 and R-M-6 zones. The purpose of the R-M zones is to provide areas for primarily single-family dwellings in an urban setting in a density range from two to twelve dwelling units per gross acre. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.12.020 Permitted uses.

A. Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 18.08.020.

B. Multi-family dwellings of four or less three or four units may be allowed with a conditional use permit only when located on a corner lot.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.12.030 Lot area.

A. The minimum lot area shall be as follows, except as provided for urban lot splits under the provisions of California Government Code Section 65852.21, which allows a minimum lot size of one thousand two hundred (1,200) square feet per parcel:

1. In the R-M-5 zone, five thousand square feet, except as prescribed in Section 18.12.100.

2. In the R-M-6 zone, six thousand square feet.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.12.040 Lot dimensions.

A. The minimum lot frontage shall be forty feet.

B. The minimum lot width shall be:

1. In the R-M-5 zone, fifty feet for interior lots and sixty feet for corner lots, except as prescribed in Section 18.10.100.

2. In the R-M-6 zone, sixty feet for interior lots and seventy feet for corner lots.

C. The minimum lot depth shall be:

1. In the R-M-5 zone, ninety feet, except as prescribed in Section 18.10.100.

2. In the R-M-6 zone, one hundred feet.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)
Created: 2024-06-28 16:22:13 [EST]
(Supp. No. 19, Update 1)

Page 2 of 6 ends

18.12.050 Dwelling units per lot.

Not more than two one dwelling units shall be allowed on each lot, unless approved as an accessory dwelling unit in accordance with Section 18.60.030.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.12.060 Coverage.

The maximum coverage of a lot in the R-M-5 and R-M-6 zones shall be determined by the combined building setback requirements, accessory structure limitations, and off-street parking requirements. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.12.070 Building setback areas.

A. Only permitted accessory structures shall be placed within a building setback area.

B. The front building setback area shall be a minimum fifteen feet from the front lot line for livable building space and twenty feet for garages, carports, and other non-livable building space.

C. The rear building setback shall be a minimum ten feet from the rear lot for one-story buildings and a minimum twenty feet for buildings over one-story high, except as provided for duplexes and urban lot split parcels under the provisions of California Government Code Section 65852.21, which allows a minimum rear building setback of four feet.

D. The side building setback area shall be five feet from an interior side lot line and ten feet from a street side property line, except as provided for duplexes and urban lot split parcels under the provisions of California Government Code Section 65852.21, which allows a minimum side building setback of four feet. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020)

18.12.080 Distances between structures.

The minimum distance between structures shall be ten feet, except as provided by the building code. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.12.090 Height of structures.

The maximum structure height shall be thirty feet.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.12.100 Lot area less than five thousand square feet.

A. Notwithstanding Section 18.12.030, lots in the R-M-5 zone may have a lot area of between three thousand six hundred and four thousand nine hundred ninety-nine square feet if all of the following standards are met:

1. Each lot shall have only one dwelling unit. Accessory dwelling units are not permitted.

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2. Not more than one hundred fifty lots less than five thousand square feet may be approved per tentative subdivision map.

3. Streets shall be constructed to public street standards.

4. All structures shall be constructed on site.

5. Each new subdivision with small lots that is not constructing custom homes shall make available for sale at least three different small lot floor plans with at least two different elevation designs for each floor plan.

6. The primary frontage of the main structure shall face a public street, primary entryway, circulation walkway, or open space with sidewalks that provide delineated paths of travel.

7. The primary frontage of the main structure shall include the primary entrance and at least one window.

8. Required covered parking spaces shall be in garages. Carports are prohibited.

9. The width of the garage shall not be greater than fifty percent of the width of the structure.

10. Main structures shall include a covered front porch at least four feet deep or an uncovered front courtyard at least five feet wide and five feet deep that is surrounded on four sides by the main structure or a wall or fence between three and four feet high.

11. The building official shall not approve a building permit for a new residence on a lot with a lot area less than five thousand square feet until the director has determined that the standards identified in this section are met.

B. Lots with less than five thousand square feet shall have the following minimum dimensions and building setback areas:

1. The minimum lot depth shall be seventy feet.

2. The minimum lot width shall be forty feet for interior lots and forty-five feet for corner lots.

3. The minimum front building setback area shall be twelve feet for livable space and eighteen feet for garages.

4. The minimum rear yard building setback area shall be ten feet for the first story and fifteen feet for the portions of the building that are more than one story high.

5. The minimum interior side yard building setback area shall be five feet.

6. The minimum corner side yard building setback area shall be ten feet.

7. The maximum building height shall be thirty feet.

8. Lots shall provide for a private, usable open space area of a minimum three hundred square feet. The open space shall be a minimum fifteen feet wide.

C. Lots having a lot area of less than three thousand six hundred square feet, or lots that do not meet the standards in this section may be approved through the planned unit development process per Chapter 18.82. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.12.110 Driveways.

A. The width of a driveway and any paved area shall not cumulatively exceed forty percent of the width of the lot's street frontage on which the driveway and any paved area faces. In the case of "L" or "U" shaped Created: 2024-06-28 16:22:13 [EST]
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driveways or other configurations besides perpendicular driveways, the paved area of these driveways shall not exceed fifty percent of the front building setback area.

B. On corner lots, the driveway shall be located on the side of the lot adjacent to the interior lot line.

C. On key lots, the driveway shall be located on the side of the lot which is not adjacent to the rear lot line of the adjacent reverse corner lot.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.12.120 Accessory structures.

Accessory structures may be located with a required rear or side building setback area subject to all of the following:

A. The floor area shall be a maximum three hundred square feet.

B. The walls shall be at least three feet from rear and side lot lines.

C. The roof eaves shall be at least two feet from rear and side lot lines.

D. The accessory structure shall be separated from other structures by a minimum of ten feet.

E. The plate line height shall be a maximum ten feet high.

F. The roof pitch shall be a maximum 4:12.

G. The roof ridge peak height shall be a maximum of twelve feet.

18.12.130 Other setback standards.

A. Mechanical equipment shall be located a minimum of five feet from a side lot line that adjoins a neighboring side lot line.

B. Garages or carports opening onto an alley shall be set back twenty-five feet from the far side of the alley, provided that the structure, including roof overhang, shall not extend into the alley right- of-way.

C. Above or below ground swimming pools shall be set back five feet from all lot lines.

E. Garages and carports opening on the street side lot line of a corner lot shall be set back twenty feet from the street side lot line.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.12.140 Off-street parking.

A. Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 18.54.

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B. Single-family dwellings shall provide a minimum of one covered and one uncovered parking space. Other uses shall provide parking as prescribed in Chapter 18.54.

C. Required parking spaces may not be provided in within any front, side, or rear building setback area.

D. The exterior siding and roofing materials utilized on garages and carports shall match the design and materials of any single-family dwelling on the same lot.

E. No recreation vehicle, including without limitation camping trailer, boat trailer, utility trailer, boat, pickup camper, motor home, dune buggy, or similar vehicle/trailer shall be stored or parked, except within an enclosed side or rear yard or within a garage or carport except if a side or rear yard is not accessible due to existing legal permanent structures, a recreational vehicle or trailer may be parked in a driveway or adjacent to a driveway if it does not create a nuisance or safety problem as determined by the director.

G. No recreational vehicle or trailer shall be used as a residence.

I. Repair of vehicles owned by the resident of the property and storage of parts shall be within an enclosed garage or carport, if no garage exists. Repair of vehicles not owned by the resident of the property is prohibited. Vehicle repair and storage of parts are prohibited in a driveway and the front or street side building setback areas.

J. Garages and carports are to be primarily used for the parking of four-wheeled vehicles. The use of garages or carports for general storage, recreation activities or other uses that prevent the use of the garage or carport for the parking of at least one, four-wheeled vehicle is prohibited.

K. Except for driveways allowed in the front building setback area, all additional parking for residential uses shall be to the rear or side of the dwelling. No parking shall occur in the front or street side building setback areas.

L. No off-street parking requirements shall be imposed for duplexes or urban lot split units created under Cal.

Gov’t Code Section 65852.21 that are either 1) located within one-half mile walking distance of either a highquality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code, or 2) located within one block of a car share vehicle location.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.12.150 Usable open space.

Each lot shall provide for a usable open space area of a minimum four hundred square feet per dwelling unit.

Each open space area shall be a minimum fifteen feet wide. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.12.160 Landscaping.

A. Landscaping shall be provided for each use as prescribed in Chapter 18.52 landscape standards.

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C. Required landscaping is to be installed within six months after occupancy of the residence, apartment, or office and continually maintained pursuant to Chapter 18.52.

18.12.170 Screening, fences, and walls.

Fences and walls shall be provided on the site for each use in accordance with Sections 18.50.110 and

18.50.120.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.12.180 Signs.

Signs placed in the R-M zones shall be subject to the requirements and standards prescribed in Chapter

18.56. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.12.190 General provisions and standards.

Structures and the use of structures or land shall be subject to the requirements and standards prescribed in Chapter 18.50.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)
- CODE OF ORDINANCES
Title 18 - ZONING
Chapter 18.14 MEDIUM HIGH DENSITY RESIDENTIAL ZONE
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Chapter 18.14 MEDIUM HIGH DENSITY RESIDENTIAL ZONE

18.14.010 Purpose and application.

This chapter shall apply to all land within the Medium High Density Residential (R-MH) zone. The purpose of the R-MH zone is to provide area for multiple-family residential structures between six and sixteen twelve and twenty units per gross acre.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.14.020 Permitted uses.

Uses shall be permitted or not permitted, conditionally permitted, administratively permitted, or temporarily permitted as prescribed in the land use table in Section 18.08.020. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.14.030 Lot area.

A. The minimum lot area shall be five thousand square feet.

B. Existing lots of less than five thousand square feet may be developed in accordance with the specifications of this section.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.14.040 Lot dimensions.

A. The minimum lot frontage shall be forty feet.

B. The minimum lot width shall be fifty feet for interior lots and sixty feet for corner lots.

C. The minimum lot depth shall be ninety feet.

D. Lots developed adjacent to an arterial or collector street are to be designed as walled back-on or side-on lots.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.14.050 Site area per dwelling unit.

The minimum site area per dwelling unit shall be three thousand square feet. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)
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18.14.060 Coverage.

The maximum coverage of a lot shall be determined by the combined building setback area requirements, accessory structure limitations, open space requirements, and off-street parking requirements. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.14.070 Building setback areas.

A. Only permitted accessory structures shall be placed within a building setback area.

B. The front building setback area shall a minimum fifteen feet from the front lot line.

C. The rear building setback shall be a minimum fifteen feet for one-story buildings and shall be a minimum twenty-five feet for multi-story buildings.

D. The interior side building setback area shall be a minimum five feet from an interior side lot line.

E. The street side building setback shall be a minimum fifteen feet from a street side lot line. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020)

18.14.080 Distances between structures.

The minimum distance between structures shall be ten feet, except as provided by the building code. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.14.090 Height of structures.

A. The maximum structure height shall be thirty-five feet.

B. Buildings over thirty-five feet may be erected upon approval of a conditional use permit in accordance with Chapter 18.80.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.14.100 Lot area less than five thousand square feet.

A. Notwithstanding Section 18.14.030, lots in this zone may have a lot area of between three thousand six hundred and four thousand nine hundred ninety-nine square feet if all of the following standards are met:

1. Each lot shall have only one dwelling unit. Accessory dwelling units are not permitted.

2. Not more than one hundred fifty lots less than five thousand square feet may be approved per tentative subdivision map.

3. Streets shall be constructed to public street standards.

4. All structures shall be constructed on site.

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6. The primary frontage of the main structure shall face a public street, primary entryway, circulation walkway, or open space with sidewalks that provide delineated paths of travel.

7. The primary frontage of the main structure shall include the primary entrance and at least one window.

8. Required covered parking spaces shall be in garages. Carports are prohibited.

9. The width of the garage shall not be greater than fifty percent of the width of the structure.

B. Lots with less than five thousand square feet shall have the following minimum dimensions and building setback areas:

1. The minimum lot depth shall be seventy feet.

2. The minimum lot width shall be forty feet for interior lots and forty-five feet for corner lots.

3. The minimum front building setback area shall be twelve feet for livable space and eighteen feet for garages.

4. The minimum rear yard building setback area shall be ten feet for the first story and fifteen feet for the portions of the building that are more than one story high.

5. The minimum interior side yard building setback area shall be five feet.

6. The minimum corner side yard building setback area shall be ten feet.

7. The maximum building height shall be thirty feet.

8. Lots shall provide for a private, usable open space area of a minimum three hundred square feet. The open space shall be a minimum fifteen feet wide.

18.14.110 Driveways.

A. The width of a driveway and any paved area shall not cumulatively exceed forty percent of the width of the lot's street frontage on which the driveway and any paved area faces. In the case of "L" or "U" shaped driveways or other configurations besides perpendicular driveways the paved area of these driveways shall not exceed fifty percent of the front building setback area.

B. On corner lots, the driveway shall be located on the side of the lot adjacent to the interior lot line.

C. On key lots the driveway shall be located on the side of the lot which is not adjacent to the rear lot line of the adjacent reverse corner lot.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020) Ord. No. 503-20, § 2(Atts. 2, 4), adopted Oct. 27, 2020, renumbered former § 18.14.100 as § 18.14.110.

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18.14.120 Accessory structures.

Accessory structures may be located with a required rear or side building setback area subject to all of the following:

A. The floor area shall be a maximum one hundred twenty square feet.

B. The walls shall be at least three feet from rear and side lot lines.

C. The roof eaves shall be at least two feet from rear and side lot lines.

D. The accessory structure shall be separated from other structures by a minimum of ten feet.

E. The plate line height shall be a maximum ten feet high.

F. The roof pitch shall be a maximum 4:12.

G. The roof ridge peak height shall be a maximum of twelve feet.

H. Any accessory structure greater than one hundred twenty square feet shall first secure approval of a building permit.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020) Ord. No. 503-20, § 2(Atts. 2, 4), adopted Oct. 27, 2020, renumbered former § 18.14.110 as § 18.14.120.

18.14.130 Other setback standards.

A. Mechanical equipment shall be located a minimum of five feet from a side lot line that adjoins a neighboring side lot line.

C. Above or below ground swimming pools shall be set back five feet from all lot lines.

D. Decks, balconies, and other types of platforms with a floor height over two feet high shall be set back five feet from the rear and interior side lot lines and ten feet from the street side lot line. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020) Ord. No. 503-20, § 2(Atts. 2, 4), adopted Oct. 27, 2020, renumbered former § 18.14.120 as § 18.14.130.

18.14.140 Off-street parking.

A. Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 18.54.

B. Required parking spaces may not be provided within any front, side, or rear building setback area.

C. The minimum parking space dimensions shall be nine feet wide by eighteen and one-half feet long.

D. No recreation vehicle, including without limitation camping trailer, boat trailer, utility trailer, boat, pickup camper, motor home, dune buggy, or similar vehicle/trailer shall be stored or parked, except within an enclosed side or rear yard or within a garage or carport, except that if a side or rear yard is not accessible due to existing legal permanent structures, a recreational vehicle or trailer may be parked in a driveway or adjacent to a driveway if it does not create a nuisance or safety problem as determined by the director.

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E. All recreational vehicles or trailers parked in a location visible from the street are to be clean and maintained so as not to detract from the neighborhood. Also, see Chapter 10.76 of the Chowchilla Municipal Code.

F. No recreational vehicle or trailer shall be used as a residence.

G. All motor vehicles incapable of movement under their own power, other than in cases of emergency, shall be stored in an entirely enclosed space, garage, or carport. Vehicles with custom fitted covers may be stored in an open area when it does not create a nuisance or safety problem as determined by the director, cause complaints from neighbors or violate any section of this code.

H. Repair of vehicles owned by the resident of the property and storage of parts shall be within an enclosed garage or carport, if no garage exists. Repair of vehicles not owned by the resident of the property is prohibited. Vehicle repair and storage of parts are prohibited in a driveway and the front or street side building setback areas.

J. Except for driveways allowed in the front building setback area, all additional parking for residential uses shall be to the rear or side of the dwelling. No parking shall occur in the front or street side building setback areas.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020) Ord. No. 503-20, § 2(Atts. 2, 4), adopted Oct. 27, 2020, renumbered former § 18.14.130 as § 18.14.140.

18.14.150 Usable open space.

A. Lots with four or less dwelling units shall provide for a usable open space area of a minimum three hundred square feet per dwelling unit. The open space shall be a minimum fifteen feet wide.

B. Lots with five or more dwelling units shall provide for a usable open space area equal to five percent of the lot area. Where multiple lots that together make up a single development site, the required open space may be combined into common open space areas that are accessible to all residents of the site. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020) Ord. No. 503-20, § 2(Atts. 2, 4), adopted Oct. 27, 2020, renumbered former § 18.14.140 as § 18.14.150.

18.14.160 Landscaping.

A. Landscaping shall be provided for each use as prescribed in Chapter 18.52 landscape standards.

B. Except for driveways and approved parking areas all yard areas and setback areas visible from the street(s) shall be landscaped with live plant materials and ornamentation common to the Chowchilla area or up to one hundred percent of the yard and setback area may be landscaped with artificial turf and other permeable surfaces.

C. Required landscaping is to be installed within six months after occupancy of the residence, apartment or office and continually maintained pursuant to Chapter 18.52.

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(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020) Ord. No. 503-20, § 2(Atts. 2, 4), adopted Oct. 27, 2020, renumbered former § 18.14.150 as § 18.14.160.

18.14.170 Screening, fences, and walls.

A. Fences and walls shall be provided on the site for each use in accordance with Sections 18.50.110 and

18.50.120.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020) Ord. No. 503-20, § 2(Atts. 2, 4), adopted Oct. 27, 2020, renumbered former § 18.14.160 as § 18.14.170.

18.14.180 Signs.

Signs placed in the R-H zone shall be subject to the requirements and standards prescribed in Chapter 18.56. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020) Ord. No. 503-20, § 2(Atts. 2, 4), adopted Oct. 27, 2020, renumbered former § 18.14.170 as § 18.14.180.

18.14.190 General provisions and standards.

Structures and the use of structures or land shall be subject to the requirements and standards prescribed in Chapter 18.50.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020) Ord. No. 503-20, § 2(Atts. 2, 4), adopted Oct. 27, 2020, renumbered former § 18.14.180 as § 18.14.190. - CODE OF ORDINANCES
Title 18 - ZONING
Chapter 18.16 HIGH DENSITY RESIDENTIAL ZONE
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Chapter 18.16 HIGH DENSITY RESIDENTIAL ZONE

18.16.010 Application.

This chapter shall apply to all land within the High Density Residential (R-H) zone. The purpose of the RH zone is to encourage a variety of multi-family residential uses in a density range from ten to twenty-four twenty to thirty dwelling units per gross acre.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.16.020 Permitted uses.

18.16.030 Lot area.

A. The minimum lot area shall be six thousand square feet.

B. Existing lots of less than six thousand square feet may be developed in accordance with the specifications of this section.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.16.040 Lot dimensions.

A. The minimum lot frontage shall be forty feet.

B. The minimum lot width shall be fifty feet for interior lots and sixty feet for corner lots.

C. The minimum lot depth shall be ninety feet.

D. Lots developed adjacent to an arterial or collector street are to be designed as walled back-on or side-on lots.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.16.050 Site area per dwelling unit.

The minimum site area per dwelling unit shall be three thousand square feet of area for the first dwelling unit, one thousand five hundred square feet for each second through sixth unit. Each additional unit over six units shall require one thousand square feet of lot area.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)
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18.16.060 Coverage.

18.16.070 Building setback areas.

A. Only permitted accessory structures shall be placed within a building setback area.

B. The front building setback area shall a minimum fifteen feet from the front lot line.

C. The rear building setback shall be a minimum fifteen feet for one-story buildings and shall be a minimum twenty-five feet for multi-story buildings.

D. The interior side building setback area shall be a minimum five feet from an interior side lot line.

E. The street side building setback shall be a minimum fifteen feet from a street side lot line. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020)

18.16.080 Distances between structures.

The minimum distance between structures shall be ten feet, except as provided by the building code. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.16.090 Height of structures.

A. The maximum structure height shall be thirty-five feet.

B. Buildings over thirty-five feet may be erected upon approval of a conditional use permit in accordance with Chapter 18.80.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.16.100 Driveways.

A. The width of a driveway and any paved area shall not cumulatively exceed forty percent of the width of the lot's street frontage on which the driveway and any paved area faces. In the case of "L" or "U" shaped driveways or other configurations besides perpendicular driveways the paved area of these driveways shall not exceed fifty percent of the front building setback area.

B. On corner lots, the driveway shall be located on the side of the lot adjacent to the interior lot line.

C. On key lots the driveway shall be located on the side of the lot which is not adjacent to the rear lot line of the adjacent reverse corner lot.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)
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18.16.110 Accessory structures.

Accessory structures may be located with a required rear or side building setback area subject to all of the following:

A. The floor area shall be a maximum three hundred square feet.

B. The walls shall be at least three feet from rear and side lot lines.

C. The roof eaves shall be at least two feet from rear and side lot lines.

D. The accessory structure shall be separated from other structures by a minimum of ten feet.

E. The plate line height shall be a maximum ten feet high.

F. The roof pitch shall be a maximum 4:12.

G. The roof ridge peak height shall be a maximum of twelve feet.

18.16.120 Other setback standards.

A. Mechanical equipment shall be located a minimum of five feet from a side lot line that adjoins a neighboring side lot line.

C. Above or below ground swimming pools shall be set back five feet from all lot lines.

18.16.130 Off-street parking.

A. Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 18.54.

B. Required parking spaces may not be provided in within any front, side, or rear building setback area.

C. The minimum parking space dimensions shall be nine feet wide by eighteen and one-half feet long.

F. No recreational vehicle or trailer shall be used as a residence.

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I. Garages and carports are to be primarily used for the parking of four-wheeled vehicles. The use of garages or carports for general storage, recreation activities or other uses that prevent the use of the garage or carport for the parking of at least one four-wheeled vehicle is prohibited J. Except for driveways allowed in the front building setback area, all additional parking for residential uses shall be to the rear or side of the dwelling. No parking shall occur in the front or street side building setback areas.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.16.140 Usable open space.

A. Lots with four or less dwelling units shall provide for a usable open space area of a minimum three hundred square feet per dwelling unit. The open space shall be a minimum fifteen feet wide.

18.16.150 Landscaping.

A. Landscaping shall be provided for each use as prescribed in Chapter 18.52 landscape standards.

C. Required landscaping is to be installed within six months after occupancy of the residence, apartment or office and continually maintained pursuant to Chapter 18.52.

18.16.160 Screening, fences, and walls.

A. Fences and walls shall be provided on the site for each use in accordance with Sections 18.50.110 and

18.50.120.

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(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.16.170 Signs.

Signs placed in the R-H zone shall be subject to the requirements and standards prescribed in Chapter 18.56. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.16.180 General provisions and standards.

Structures and the use of structures or land shall be subject to the requirements and standards prescribed in Chapter 18.50.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)
- CODE OF ORDINANCES
Title 18 - ZONING
Chapter 18.54 PARKING AND LOADING STANDARDS
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Chapter 18.54 PARKING AND LOADING STANDARDS

18.54.010 Purpose.

In order to attempt to reduce traffic congestion and a shortage of curb spaces, off-street parking and offstreet loading facilities shall be required as a part of new land uses and major alterations and expansion of existing land uses. Off-street parking and loading areas are intended to be laid out in a manner which will ensure their usefulness, protect the public safety, and where appropriate, insulate surrounding land uses from their impact. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.54.020 Application.

The parking and loading standards in this chapter shall apply to all zone districts, unless otherwise specified. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.54.030 General location and use of parking areas.

The land areas set aside for parking to meet the provisions of this chapter shall be usable and accessible for the type of off-street parking that is required. Off-street vehicle parking is restricted to only approved off-street parking facilities as designed and developed in accordance with this chapter. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.54.040 Number of parking spaces required.

A. At the time of initial occupancy of a site or any existing structure, or of the construction of a building, or of a major alteration or expansion of a site or building, or a change in the use of property that requires additional parking spaces, the number of off-street parking facilities for vehicles shall be provided in accordance with Table 18.54.040.

B. For the purposes of this section, square feet shall mean the gross square feet of a building. Employees shall mean the expected number of employees determined at the time a use commences.

C. If, in the application of the requirements of this section, a fractional number is obtained, one parking space shall be provided for a fraction of one-half or more, and no parking space shall be required for a fraction of less than one-half.

Table 18.54.040
Number of Parking Spaces
Land Use Parking Space Requirement
Assisted living, skilled nursing, or hospice facility;
residential care facility
1 space per dwelling unit or 1 space for every 4 beds
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(Supp. No. 19, Update 1)

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Single-family dwelling 2 spaces per dwelling unit; at least 1 space shall be covered (garage or carport)
Multi-family dwelling, Studio or SRO (no bedroom) 1 space per dwelling unit Multi-family dwelling, 1-bedroom 1.5 spaces per dwelling unit; at least 50% of the spaces shall be covered parking
Multi-family dwelling, 2-bedroom 1.75 spaces per dwelling unit; 50% of the spaces shall be covered parking
Multi-family dwelling, 3 or more bedrooms 2 spaces per dwelling unit; 50% of the spaces shall be covered parking
Single- or multi-family dwelling specifically for seniors 55 years of age or older
1 space per dwelling unit or 1 space for every 4 beds
Boarding house or rooming house, lodging 1 space per 2 beds Motel, hotel, or bed and breakfast inn 1 space per guest room, plus 1 space per employee Live/work facility 1.5 spaces per dwelling unit
Integrated shopping center 1 space per 350 square feet
Retail store 1 space per 350 square feet
Retail store selling large items in showroom; food
locker
1 space per 600 square feet
Bank 1 space per 350 square feet
Indoor commercial recreation facility 1 space per 350 square feet Health or fitness facility, small 1 space per 350 square feet Restaurant, bar, nightclub, lounge, brewpub 1 space per 150 square feet Microbrewery 1 space per 150 square feet open to the public Artisan food and beverage production and sales 1 space per 300 square feet All office and medical uses, except call center,
hospital, and pharmacy
1 space per 250 square feet
Call center 1 space per 200 square feet
Hospital 1 space per 3 beds plus 1 space for every 2 employees of the maximum working shift, including doctors
Pharmacy 1 space per 350 square feet
Government office; social service office, assistance
center, or guidance center
1 space per 250 square feet
All service commercial uses 1 space per 350 square feet Studio for martial arts, music, dance, yoga, exercise,
gymnastics or similar
1 space per 500 square feet
All manufacturing and processing uses except
agricultural food production and animal raising; cold
storage or ice house
1 space per 1,000 square feet
Mini-warehouse or self-storage 1 space per 250 square feet of office space plus 1 space per caretaker residence
Commercial and industrial uses conducted primarily
outside of buildings, including junk yard, wrecking
yard, or salvage facility, and vehicle impound yard
1 space for each 2 employees of the maximum
working shift
Auditorium; card room; club, lodge, or private meeting
hall; funeral home or mortuary; religious institution or facility; theater; community center or facility
1 space per 50 square feet of floor area used for
seating if seats are not fixed, 1 space per 4 seats, or 1 space per 8 feet of bench or pew seats
Created: 2024-06-28 16:22:18 [EST]
(Supp. No. 19, Update 1)

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All recreation uses except indoor commercial
recreation facility, small health or fitness facility, and park or playground
1 space per 2 employees of the maximum working
shift plus the number of additional spaces required by
the director based on trip generation.

School; public, private, or charter (kindergarten to 8th grade)
1 space per employee
School; public, private, or charter (9th to 12th grade) 1 space per employee plus 1 space per 10 students (planned enrollment)
School; trade, vocational, art, business, or professional 1 space per employee plus 10 spaces per classroom, or as approved by conditional use permit
College or university 1 space per employee plus 1 space per 5 students (planned enrollment)
Daycare center 1 space per employee plus on-site drop-off area Library, museum, cemetery, fairgrounds, public
building and grounds other than offices and
educational uses
1 space per 2 employees of the maximum working
shift plus the number of additional spaces required by
the director based on trip generation
Mobilehome park, recreational vehicle park 1 space per 2 employees of the maximum working shift plus the number of additional spaces required by
the director based on trip generation
Airport, heliport, bus, transit, or train station, truck stop or travel center, trucking or transportation
terminal, emergency shelter, warehouse or
distribution center
1 space per employee of the maximum working shift
plus the number of additional spaces required by the
director based on trip generation
Post office; public corporation yard, utility yard, or
vehicle and heavy equipment maintenance and
storage yard; public safety facility or station
1 space per employee of the maximum working shift
plus the number of additional spaces required by the
director based on trip generation
Adult entertainment establishment As per the most similar specified use as determined by the director
Emergency Shelter Sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do
not require more parking for emergency shelters than
other residential or commercial uses within the same
zone
Uses not specifically described in this table As per the most similar specified use as determined by the director
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020)

18.54.050 Exceptions to required number of spaces.

A. No additional parking spaces shall be required for a change in use or a building enlargement of less than one thousand square feet in an existing building located within the Downtown Mixed Use zone.

B. In the event a change in use requires an increase of two or less off-street parking spaces, no additional parking spaces shall be required.

C. No additional off-street parking facilities shall be required solely because of the remodeling of an existing use or building, unless there is a change in use or increase in floor area or other unit of measurement as the result of such remodeling.

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(Supp. No. 19, Update 1)

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D. The total requirements for off-street parking facilities for a mixed-use development shall be the sum of the requirements for the various uses computed separately. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use, except as specifically allowed in this chapter.

E. Parking lots with forty or more spaces may substitute standard parking spaces with motorcycle spaces if they are located within one hundred fifty feet of a building entry. One required standard space may be replaced with a motorcycle space for each forty required spaces.

F. No existing land use or structure shall be deemed to be a nonconforming use solely because of the lack of off-street parking or off-street loading facilities prescribed in this chapter. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.54.060 Joint use of parking.

The director, upon a written application by the owner or lessee of any property, may authorize the joint use of parking facilities when all of the following are met:

A. No more than seventy-five percent of the parking facilities required by this chapter for a primarily daytime (or weekday) use will be provided by the parking facilities of a primarily nighttime (or weekend) use, or alternatively, no more than seventy-five percent of the parking facilities required by this chapter for a primarily nighttime (or weekend) use may be provided by the parking facilities of a primarily daytime (or weekday) use. Banks, offices, retail stores, all manufacturing uses, and similar uses are considered typical daytime uses. Theaters, bars, and auditoriums are considered nighttime uses.

B. The building or use for which an application is made for authority to utilize the existing off-street parking facilities provided by another building or use shall be located within two hundred feet of such parking facility.

C. The applicant shall show that there is no substantial conflict in the principal operating hours of the building or uses for which the joint use of off-street parking facilities is proposed.

D. If the building, structures, or improvements requiring the parking spaces is located on a different lot or parcel from the property upon which the required parking spaces are located, the owner(s) of the properties shall enter into an agreement, in a form approved by the city. The agreement shall name the city as a third-party beneficiary and shall state that the purpose of the agreement is to satisfy the requirements of this chapter. The agreement shall also state that it creates a covenant that shall run with the land and that the parties thereto will maintain the required parking spaces upon the property where the parking spaces are located so long as the city requires such parking spaces for the building, structure or improvement. The agreement shall also state that the parking spaces will be used only by persons using the properties that are identified in the agreement and for no other purpose without the express prior written consent of the city. The agreement shall be recorded against title to both properties identified in the agreement so as to become an encumbrance against title to both properties.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.54.070 Common parking areas.

Common parking areas for uses that are not integrated shopping centers may be provided in lieu of the individual requirements contained in this chapter. Plans for such facilities shall be approved by the director as to Created: 2024-06-28 16:22:18 [EST]
(Supp. No. 19, Update 1)

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size, shape, and relationship to the sites to be served. The total number of such off-street parking spaces shall be reduced by fifteen percent if the site has three thousand square feet or more of building floor space. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.54.080 In-lieu payments for uses within the downtown mixed use zone.

In lieu of furnishing the parking spaces and facilities required by the provisions of this section for uses within the Downtown Mixed Use zone, the city may require the applicant to pay an in-lieu parking fee. The fee shall be set by resolution of the city council.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.54.090 Location of parking spaces.

A. Off-street parking and off-street loading shall be located on the same site as the use for which they are required or on an adjoining site, except that within the Downtown Mixed Use zone may locate required offstreet parking within six hundred feet of the use for which the spaces are required, measured by the shortest route of pedestrian access.

B. All parking spaces, whether required by this chapter or in addition to that which is required, shall be located on a lot or parcel behind the front building setback and outside of a street side yard setback, except that vehicles may park on a paved driveway in the front building setback area. This requirement applies to both covered and uncovered parking areas.

C. In the Downtown Mixed Use zone, new parking spaces shall not be located between the main building and a public street.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.54.100 Standards for off-street parking facilities.

Off-street parking facilities shall conform to the following standards and be approved by the director in accordance with Chapter 18.60:

A. All parking areas shall have ingress and egress to and from a street or alley as required by the city's standard specifications.

B. Sufficient room for turning and maneuvering vehicles shall be provided on the site.

C. Developed parking areas are to be utilized by all vehicles associated with or visiting the site.

D. The parking of vehicles on lawn, landscaped areas, or other areas not designed for parking is prohibited.

E. Entrances and exits to parking lots and other parking facilities shall be provided only at locations approved by the director.

F. Parking lot lighting shall be deflected away from adjoining sites so as not to cause glare to surrounding properties.

G. No commercial repair work or servicing of vehicles shall be conducted in a parking area.

H. Parking areas, aisles, and access drives shall be paved with a solid material so as to provide a durable, dustless surface and shall be so graded and drained as to dispose of surface water, except that Created: 2024-06-28 16:22:18 [EST]
(Supp. No. 19, Update 1)

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longterm storage areas for vehicles in the C-S, I-L, and I-H zone districts may be surfaced with rock, gravel, granite, or solid paving.

I. Parking areas shall be designed to the city's standard specifications and approval by the city engineer. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.54.110 Parking space dimensions.

A. A standard parking space shall not be less than eighteen and one-half feet in length and nine feet in width, exclusive of aisles and access drives. The length of the space may be reduced by up to two feet where the top of the parking space is adjacent to low groundcover or sidewalk that allows vehicle overhang.

B. A compact parking space shall not be less than sixteen feet in length and eight feet in width and marked for compact cars.

C. Up to thirty percent of all parking spaces in a parking lot or parking structure may be compact parking spaces. In parking lots, there shall be no more than four compact spaces adjacent to each other.

D. The dimensions, design, and construction of parking spaces reserved for handicapped access shall meet the latest adopted California Uniform Building Code.

E. Motorcycle spaces shall be a minimum size of four feet by eight feet. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.54.120 Off-street loading facilities required.

At least one off-street loading space shall be provided in connection with a building having a gross floor area of ten thousand square feet or more and intended for a use that typically receives or delivers goods. This requirement shall not apply to a building adjacent to a public alley. The director may waive this requirement for buildings located within the Downtown Mixed Use district. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.54.130 Standards for off-street loading facilities.

Off-street loading facilities shall conform to the following standards:

A. Clearance. Each loading berth shall have a length, width, and overhead clearance sufficient to accommodate fully the maximum expected size of vehicles used in loading or unloading operations.

B. Turning and Maneuvering. Sufficient room for the turning and maneuvering of vehicles shall be provided on the site.

C. Entrances and Exits. Entrances and exits shall be provided at locations approved by the city engineer.

D. Paving, Drainage, and Grading. The loading area, access drives, and aisles shall be paved so as to provide a durable, dustless surface and shall be so graded and drained as to dispose of surface water, with the design and specifications of such work subject to city standards and the approval of the city engineer.

E. Bumper Rails and Other Barriers. Bumper rails or other barriers shall be provided where needed for safety or to protect property as determined by the director.

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(Supp. No. 19, Update 1)

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F. Lighting. If the loading area is illuminated, lighting shall be deflected away from abutting sites so as not to cause annoying glare to such sites.

G. Location. Loading areas not permitted in front yards. A loading area shall not be located in a required front setback area. A loading area may be located in a required side or rear setback area.

H. Restriction of Use. No commercial repair work, washing, or servicing of vehicles shall be conducted in an off-street loading area.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.54.140 Replacement of off-street parking and off-street loading facilities.

No off-street parking or off-street loading facility provided per this chapter shall be reduced in capacity or in area without sufficient additional capacity or additional area being provided to comply with the requirements of this chapter.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.54.150 Screening and fencing.

Where an off-street parking area located in a commercial or mixed use zone district adjoins a residential zone district or the O zone district, a solid wall or fence, approximately seven feet in height shall be located at the property line common to such districts, except in a required front setback area. The director may reduce the required height or type of screening if they find that the standard screening requirement is not necessary to protect the residential or office use from light, noise, and safety impacts. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.54.160 Landscaping of parking areas.

In the O zone district and in all commercial, mixed use, and industrial zone districts, not less than five percent of the interior square footage of a parking area shall be landscaped with trees and other plant materials suitable for ornamentation. Parking areas are to have one tree placed at every four lineal parking spaces. Landscaped areas shall be distributed throughout the parking area and peripheral areas to the extent practical in consideration of the size and design of the parking area. Landscaped areas shall be delineated by a six-inch-wide and six-inch-high concrete curb. Parking lots developed next to a street shall provide a landscape buffer between the street and the parking lot of at least ten feet.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.54.170 Parking for bicycle and low-emission vehicles.

Parking for bicycles and low-emission vehicles shall be provided in accordance with the latest adopted version of the California Building Code.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)
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(Supp. No. 19, Update 1)

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18.54.180 Garage conversions of required parking to living space.

A. It is the purpose of this section to allow, in certain cases and subject to specific design requirements, the conversion of garages and carports for living space in circumstances where the provisions of Section

18.54.040 cannot be met post-conversion. Such conversion is deemed acceptable if the following requirements are met:

1. The site is being used as a single-family, detached, residence with a minimum lot size of five thousand square feet;

2. The area converted shall be used as part of the main dwelling and shall not be used as a separate dwelling unit or accessory dwelling unit;

3. The area converted shall be subject to all applicable building code requirements;

4. The site shall be owner occupied and that such ownership shall have been in effect for a minimum of twelve months prior to approval of a conversion under this section;

5. The garage door shall either be removed from the structure, or a wall shall be constructed behind the pre-existing garage door with the garage door remaining in place. The exterior elevation of the conversion shall be compatible in design with the existing dwelling;

6. If the garage door is removed, some type of buffering, such as removal of a portion of the parking area for a planter area, shall be provided between the carport or garage and the remaining parking area;

7. The remaining parking area shall have two parking spaces, each space having a minimum width of nine feet and a minimum depth of eighteen feet from the property line.

B. The director shall approve or deny garage conversion requests based upon the requirements in this section through the administrative use permit process in Chapter 18.74. Interested individuals may appeal the decision in accordance with the appeal provisions in Chapter 18.70. Review shall be limited to compliance with the specified requirements.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)
- CODE OF ORDINANCES
Title 18 - ZONING
Chapter 18.58 HOUSING DENSITY BONUS AND OTHER INCENTIVES

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Chapter 18.58 HOUSING DENSITY BONUS AND OTHER INCENTIVES

18.58.010 Purpose.

The purpose and intent of this section is to implement State Density Bonus Law, Chapter 4.3 Density Bonuses and Other Incentives, Section 65915 et seq., of the California Government Code for the development of affordable housing and senior housing developments, which are incorporated herein by this reference.

18.58.020 Applicability.

This chapter shall apply to residential projects providing moderate, low and very low income housing and/or senior housing developments, provision of daycare facilities, donations of land, and other housing types pursuant to the provisions and definitions of Chapter 4.3, Section 65915 et seq., of the California Government Code.

18.58.030 Density bonus requirements.

A. An applicant for a “housing development” as defined in State Density Bonus Law shall be eligible for a density bonus and other regulatory benefits that are provided by State Density Bonus Law when the applicant seeks and agrees to provide housing as specified in Government Code Section 65915(b), (c), (f), (g), (h) and (v), or in Government Code Section 65195.5, or successor provisions. The density bonus calculations shall be made in accordance with State Density Bonus Law.

B. The granting of a density bonus, incentive, or concession, pursuant to this chapter, shall not be interpreted, in and of itself, to require a general plan amendment, development code amendment, zone change, other discretionary approval, or the waiver of a City ordinance or provisions of a City ordinance unrelated to development standards.

C. All requests for density bonuses, incentives, parking reductions, and waivers for a housing development shall be filed with and on a form provided by the Community Development Director, or their designee, concurrently with the filing of the planning application for the first discretionary or ministerial permit required for the housing development, whichever permit is earliest. The applicant shall be informed whether the application is complete consistent with Government Code Section 65943.

D. All requests under State Density Bonus Law shall be part of the planning application and shall be applied for, reviewed, and acted upon concurrently with the planning application by the approval body with authority to approve the development, within the timelines prescribed by California Government Code Section 65950 et seq. or other statute. Appeals of the planning application in accordance with the requirements of Chapter

18.70 of the Chowchilla Municipal Code shall include all requests under State Density Bonus Law if appeals are authorized for the discretionary or ministerial permit applied for.

E. To ensure that an application for a housing development conforms with the provisions of State Density Bonus Law, the staff report presented to the decision-making body shall state whether the application conforms to the following requirements of State Density Bonus Law, as applicable:
a. The housing development provides the housing required by State Density Bonus Law to be eligible for a density bonus and any incentives, parking reduction, or waivers requested, including housing required to replace units rented or formerly rented to very low- and low-income households as required by California Government Code Section 65915(c)(3). b. If applicable, the housing development provides the housing required by State Density Bonus law to be eligible for an additional density bonus under Government Code Section 65915(v)(1).

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c. If an incentive is requested, reasonable documentation has been presented showing that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing or costs or rents; except that, if a mixed-use development is requested, the application must instead meet all of the requirements of Government Code Section 65915(k)(2). d. If a waiver is requested, the development standards for which a waiver is requested would have the effect of physically precluding the construction of the housing development at the densities or with the incentives permitted.
e. The housing development is eligible for any requested parking reductions under Government Code Section 65915(p) or other statute.
f. If the density bonus is based all or in part on donation of land, the requirements of Government Code Section 65915(g) have been met.
g. If the density bonus or incentive is based all or in part on the inclusion of a childcare facility or condominium conversion, the requirements included in Government Code Section 65915(h) or 65915.5, as appropriate, have been met.

F. The decision-making body shall grant an incentive requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:
a. The proposed incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5; or for affordable rents, as defined in Health and Safety Code Section 50053; or
b. The proposed incentive would be contrary to state or federal law; or c. The proposed incentive would have a specific, adverse impact upon the public health or safety or on any real property that is listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households. For the purpose of this subsection, “specific, adverse impact” means a significant, quantifiable, direct and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete as defined in Government Code Section 65589.5.

G. The decision-making body shall grant the waiver of development standards requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:
a. The proposed waiver would be contrary to state or federal law; or b. The proposed waiver would have an adverse impact on any real property listed in the California Register of Historic Resources; or
c. The proposed waiver would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households. For the purpose of this subsection, “specific, adverse impact” means a significant, quantifiable, direct and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete as defined in Government Code Section 65589.5.

H. If a childcare center complies with the requirements of Government Code Section 65915(h), the decisionmaking body may deny a density bonus or incentive that is based on the provision of childcare facilities only if it makes a written finding, based on substantial evidence, that the City already has adequate childcare facilities.

I. A request for minor modification of an approved density bonus housing plan may be granted by the City Administrator, or their designee, if the modification substantially complies with the original density bonus

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housing plan and conditions of approval. Other modifications to the density bonus housing plan shall be processed in the same manner as the original plan.

J. Projects which meet the requirements set forth in this section shall qualify for a density bonus and an applicable number of concessions or incentives unless the city council adopts a written finding, based upon substantial evidence that any one of the following exists:

1. The concession or incentive is not required to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set at the required affordable levels, as specified in Government Code Section 65915(c); or

2. The concession or incentive would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households; or

3. The disapproval of the project or imposition of conditions is required in order to comply with specific state or federal law and there is no feasible method to comply without rendering the development unaffordable to very low and low-income households; or

4. The development project is inconsistent with the city's general plan land use designation as it existed on the date the application was deemed complete, and the city has adopted a housing element in compliance with state law.

K. Project Financial Report. The applicant shall show in the form of a project financial report (financial pro forma) that the density bonus is necessary to make the housing units economically feasible, and the city may retain a consultant, at developer's sole cost, to review the project financial report and advise the city on the report. Where development and zoning standards exist which would otherwise inhibit the utilization of the density bonus on specific sites, the city may waive or modify the standards consistent with the provisions of this section.

18.58.040 Application Requirements and Review Procedures.

A. Application Requirements. The application shall include the required fee and the following minimum information:

1. For a requested density bonus.
a. Summary table showing the maximum number of dwelling units permitted by the zoning and general plan excluding any density bonus units, proposed affordable units by income level, proposed bonus percentage, number of density bonus units proposed, total number of dwelling units proposed on the site, and resulting density in units per acre. b. Subparagraph of Government Code Section 65915(b)(1) under which the housing development qualifies for a density bonus and reasonable documentation demonstrating that the housing development is eligible for a bonus under that subparagraph. c. Where the housing development is seeking an additional bonus, the subparagraph of Government Code Section 65915(v)(1) under which the housing development qualifies for an additional density bonus and reasonable documentation demonstrating that the housing development is eligible for the additional bonus under that subparagraph.
d. A tentative map or preliminary site plan, drawn to scale, showing the number and location of all proposed units, designating the location of proposed affordable units and density bonus units. e. The zoning and general plan designations and assessor's parcel number(s) of the housing development site.

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f. A description of all dwelling units existing on the site in the five-year period preceding the date of submittal of the application and identification of any units rented in the five-year period; subject to any form of rent control through a public entity’s valid exercise of its police power; or subject to a recorded covenant ordinance, or law restricting rents to levels affordable to households of lower or very low income.
g. If dwelling units on the site are currently rented, income and household size of all residents of currently occupied units, if known. If any dwelling units on the site were rented in the five-year period but are not currently rented, the income and household size of residents occupying the dwelling units when the site contained the maximum number of dwelling units, if known. h. The phasing of the construction of the affordable housing units in relation to the nonrestricted units in the housing development.
i. If a density bonus is requested for a land donation, the location of the land to be dedicated, proof of site control, and reasonable documentation that each of the requirements included in Government Code Section 65915 (g) can be met.

2. Requested incentives. Incentives are those defined by State Density Bonus Law. The number of incentives that may be requested shall be based upon the number the applicant is entitled to pursuant to State Density Bonus Law. The application shall include the following minimum information for each incentive requested, shown on a site plan (if appropriate):
a. The City’s usual regulation and the requested regulatory incentive or concession. b. Except where mixed-use zoning is proposed as a concession or incentive, reasonable documentation to show that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents. c. If approval of mixed-use zoning is proposed, reasonable documentation that nonresidential land uses will reduce the costs of the housing development, that the nonresidential land uses are compatible with the housing development and the existing or planned development in the area where the proposed housing development will be located, and that mixed-use zoning will provide for affordable housing costs and rents.
d. Requested waivers. For each waiver requested, the applicant shall include, shown on a site plan, and shown for each existing or proposed parcel, the City’s required development standard and the requested development standard.
e. Parking reductions. If a housing development is eligible for a density bonus pursuant to State Density Bonus Law, the applicant may request an on-site vehicular parking ratio specified in Government Code Section 65915(p). An applicant may request this parking reduction in addition to the incentives and waivers permitted by paragraphs (2) and (3) of this subsection. The application shall include a table showing parking required by the zoning regulations, parking proposed under State Density Bonus Law, paragraph under Government Code Section 65915(p) (or other statute) under which the project qualifies for the parking reduction, and reasonable documentation that the project is eligible for the requested parking reduction. f. Density bonus or incentive for a childcare facility in a housing development. The application shall include reasonable documentation that all of the requirements included in Government Code Section 65915(h) can be met.
g. Density bonus or incentive for a condominium conversion. The application shall include reasonable documentation that all of the requirements included in Government Code Section 65915.5 can be met.

B. Density Bonus/Incentives Review. Density bonus/incentive review by the planning commission shall only be required for projects involving planning commission approval. If no legislative entitlement is required, the community

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development department staff shall have final approval authority on density bonus and incentives. Appeals of a planning commission decision must be in accordance with Chapter 18.70 of the Chowchilla Municipal Code. If a rezone or general plan amendment is part of the project, the planning commission shall make a recommendation on the density bonus and incentives request but the city council shall have final approval authority as part of the total project. Any special conditions of the city zoning ordinance pertaining to the project, and/or applicable development standards of the downtown area shall also apply.

C. Regulatory Agreement. The city and applicant shall execute a regulatory agreement, ensuring compliance of the project with all applicable provisions and affordability restrictions as required under this section, state law, or other applicable affordable housing requirements, as well as equity sharing requirements if applicable. The regulatory agreement shall be recorded as a deed restriction with the Madera County recorder's office running with the land and be binding upon all future owners, developers, and/or successors-in-interest. The regulatory agreement shall be recorded prior to the approval of a final map, or, where a map is not being processed, prior to the issuance of building permits for the parcel or units. Resale of moderate income units shall be governed by Government Code Section 65915(c)(2). The regulatory agreement shall include at least the following:

1. The total number of units approved for the housing development, including the number of target units;

2. A description of the household income group to be accommodated by the housing development, and the standards for determining the corresponding affordable rent or affordable sales price and housing costs;

3. The location, unit sizes, in square feet, and number of bedrooms of target units;

4. Tenure of use restrictions for target units of at least ten or thirty years, in compliance with applicable laws;

5. A schedule for completion and occupancy of target units;

6. A description of the additional incentive(s) being provided by the city;

7. A description of remedies for breach of the regulatory agreement by the owners, developers, and/or successors-in-interest of the project; and

8. Other provisions to ensure implementation and compliance with this section.

18.58.050 Additional conditions.

A. In addition, reasonable conditions may be imposed to assure continued availability of such housing as very low, low or moderate income housing, or, for senior housing developments as defined in Civil Code Sections

51.3 and 51.12.

B. Those units targeted for low-income households shall be affordable at a rent that does not exceed current Housing and Urban Development (HUD) income limits for low-income households for the county adjusted for household size.

C. Those units targeted for very low-income households shall be affordable at a rent that does not exceed current HUD income limits for very low-income households in the county adjusted for household size.

D. The owner(s) shall maintain and keep on file documentation for the income level for each tenant occupying the target units.

E. The owner(s) shall provide the city any additional information required by the city to ensure the longterm affordability of the target units by eligible households.

F. The city shall have the right to inspect the owner's project-related records at any reasonable time and shall be entitled to audit the owner's records once a year.

G. The city may establish fees associated with the setting up and monitoring of target units.

H. All ownership target units shall be occupied by their purchasers; no renting or leasing shall be allowed.

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18.58.060 Density bonus calculations.

A. In determining the total number of units to be granted, each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number.

B. When calculating the number of affordable units needed to qualify for a given density bonus, any fractions of affordable dwelling units shall be rounded up to the next whole number.

C. Except where a housing development is eligible for an additional bonus pursuant to Government Code Section 65915(v), each housing development is entitled to only one density bonus. If a housing development qualifies for a density bonus under more than one category, the applicant shall identify the category under which the density bonus is requested to be granted.

D. The applicant may elect to accept a lesser percentage of density bonus than the housing development is entitled to, or no density bonus, but no reduction will be permitted in the percentages of affordable units required by State Density Bonus law. Regardless of the number of affordable units, no housing development shall be entitled to a density bonus greater than what is authorized under State Density Bonus Law.

E. Nothing in this chapter requires the provision of direct financial incentives from the City for the housing development, including, but not limited to, the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The City, at its sole discretion, may choose to provide such direct financial incentives.

18.58.070 Development standards.

A. Building permits and final inspections or certificates of occupancy shall be issued concurrently for the market rate units and for any affordable units that qualified the project for a density bonus, incentive, waiver, or parking reduction, so that the affordable units comprise the required percentage of total units.

B. To comply with fair housing laws, the affordable units shall contain the same proportional mix of bedroom sizes as the market-rate units. In mixed-income buildings, the occupants of the affordable units shall have the same access to the common entrances and to the common areas, parking, and amenities of the project as the occupants of the market-rate housing units, and the affordable units shall be located throughout the building and not isolated on one floor or to an area on a specific floor.

18.58.080 Interpretation.

If any portion of this chapter conflicts with State Density Bonus Law or other applicable state law, state law shall supersede this chapter. Any ambiguities in this chapter shall be interpreted to be consistent with State Density Bonus Law. Statutory references in this ordinance include successor provisions. - CODE OF ORDINANCES
Title 18 - ZONING
Chapter 18.72 SITE PLAN REVIEW PERMITS
Chowchilla City, California, Code of Ordinances Created: 2024-06-28 16:22:20 [EST] (Supp. No. 19, Update 1)

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Chapter 18.72 SITE PLAN REVIEW PERMITS

18.72.010 Purpose.

The purpose of the site plan review permit is to assure that a proposed development is reviewed to assure substantial compliance with the general plan, the municipal code, policies, and improvement standards of the city. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.72.020 Applicability.

A. Site plan review shall be required for the development activities set forth in this section. The review and approval of a site plan for the activities shall encompass all improvements that are associated with the erection or alteration of a building or structure or the development or alteration of public or private parking areas or lots.

1. In all residential districts, site plan review shall be required for:
a. The erection of a new two-family or multiple-family dwelling or related accessory building or structure when the erection requires the issuance of a building permit; b. The alteration of an existing two-family or multiple-family dwelling when the alteration requires the issuance of a building permit and will increase the number of dwelling units on a site; c. The erection of a new nonresidential building or structure when the erection requires the issuance of a building permit;
d. The alteration of an existing nonresidential building or structure when the alteration requires the issuance of a building permit and will increase the floor area of the building or structure by more than ten percent or five hundred square feet or the seating capacity by more than ten percent or twenty-five seats;
e. The erection of a new mobilehome park or any building or structure for mobilehome park purposes;
f. The alteration of an existing mobilehome park when the alteration will either increase the number of spaces within the mobilehome park or will increase the floor area of a building or structure used for mobilehome park purposes by more than ten percent or five hundred square feet or the seating capacity by more than ten percent or twenty-five seats.

2. In all commercial and industrial districts, site plan review shall be required for:
a. The erection of a new building or structure when the erection requires the issuance of a building permit;
b. The alteration of an existing building or structure when the alteration requires the issuance of a building permit and any of the following conditions exist:
i. The alteration will increase the floor area or seating capacity of a nonconforming building or structure or involves the structural alteration of a nonconforming building or structure; Created: 2024-06-28 16:22:20 [EST]
(Supp. No. 19, Update 1)

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ii. The alteration will increase the floor area of a conforming building or structure by more than ten percent or five hundred square feet or the seating capacity by more than ten percent or twenty-five seats;
c. The development of new public or private parking areas or lots; d. The alteration of existing public or private parking areas or lots when the alteration will increase or decrease the number of parking spaces by more than five spaces, increase or decrease the gross area of the parking area or lot by more than one thousand seven hundred fifty square feet, or will involve the relocation of the parking area or lot.

3. In all districts, site plan review shall not be required for:
a. The erection or alteration of one-family dwellings and related accessory buildings or structures; b. The erection or alteration of temporary tract offices and model homes; c. The erection or alteration of signs and advertising structures; d. The installation or alteration of underground storage tanks having a capacity of one thousand one hundred fifty gallons or less.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.72.030 Site plan review committee.

A. Members. The site plan review committee shall be comprised of staff representatives of the director, city engineer, and building official; in addition, the director may request input from any other city department or public agency, subject to city council policies.

B. Powers and Duties. The site plan review committee shall have the power to:

1. Review site plan review permit applications for consistency with the general plan, municipal code, policies, regulations, and improvement standards of the city.

2. Apply requirements to a site to protect the public health, safety and general welfare.

3. Require revisions to the site plan to bring it into consistency.

4. Identify the city permits necessary to construct the proposed project.

5. Issue the site plan review permit subject to stated revisions.

6. Require that the site plan be resubmitted with required revisions. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.72.040 Site plan contents.

A. The site plan shall be drawn to a scale which that clearly indicates all dimensions and includes the information identified in the site plan review application form consistent with Section 18.70.020, and such other data as may be required to permit the director to make the required findings. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)
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18.72.050 Director action—Criteria of consideration.

Within fifteen days after submission of a complete site plan, the director shall approve, approve with such conditions as set forth in subsection E of this section or disapprove the site plan. Failure of the director to make a decision within the aforementioned fifteen-day period shall be deemed to constitute an approval of the site plan if it conforms with all applicable city ordinances. The director, before approving a site plan, shall make all of the following findings:

A. The development complies with all applicable provisions of this title, the General Plan, and with all applicable development standards and design guidelines adopted by the City; B. The development is so designed that it will have no specific, adverse effectsimpact on surrounding property or improvements. A “specific, adverse impact” is defined as a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions;
C. The development can be adequately and efficiently provided with public utilities and services The existing or proposed public facilities necessary to accommodate the proposed project (e.g., fire protection devices, parkways, public utilities, sewers, sidewalks, storm drains, streetlights, traffic control devices, and the width and pavement of adjoining streets and alleys) will be available to serve the subject site;
D. The development will not result in vehicular or pedestrian circulation or access conditions that cause conditions or create safety hazards on or off the site, based on established traffic and safety standards; E. That any conditions of approval are deemed necessary to ensure that the development conforms with the purposes set forth in Section 18.72.010 and to protect the public health, safety, and welfare.

Conditions may include the following:

1. Requiring special yards, spaces, and buffers;

2. Requiring fences and walls;

3. Requiring enclosure of storage areas and limitation on out-of-door display of merchandise;

4. Requiring grading, surfacing and drainage improvements;

5. Regulation of points of vehicular ingress and egress;

6. Regulation of signs;

7. Requiring landscaping and maintenance thereof;

8. Requiring maintenance of grounds;

9. Requiring fire-prevention equipment and measures;

10. Regulation of noise, vibration, odors, electrical discharge or interference;

11. Regulation of lighting;

12. Requiring street dedications and improvements;

13. Such other conditions as could make possible the development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in this chapter.

In making such findings, the director shall consult with city personnel as appropriate to assure that approvals will be consistent with established legislative policies and city standards relating to planning, public works, and land development.

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(Supp. No. 19, Update 1)

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(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.72.060 Director action—Decision.

The decision of the director shall be final unless appealed to the council in accordance with the procedure specified in Section 18.70.200. The director shall cause a copy of the site plan, with his or her decision and any conditions shown thereon or attached thereto, to be mailed to the applicant within ten days of the adoption thereof.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.72.070 Appeals.

Appeals of the director's decision shall be submitted and processed consistent with the procedures in Section

18.70.200.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.72.080 Life of permits and extensions of time.

A. A site plan review permit shall expire one year from its approval date, unless a building permit application has been submitted or the use has commenced.

B. Prior to expiration, the director may extend the permit expiration date by one year if there is substantial evidence that the applicant is diligently pursuing building permit approval or commencement of the use. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.72.090 Revocation.

Revocation of a site plan review permit shall be conducted consistent with procedures and notice requirements in Section 18.70.230.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.72.100 Subsequent permits.

Subsequent development permits associated with the site plan review permit shall be consistent with the site plan review permit. If there is a change in the proposed development, a new site plan application shall be submitted.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)
- CODE OF ORDINANCES
Title 18 - ZONING
Chapter 18.80 CONDITIONAL USE PERMITS
Chowchilla City, California, Code of Ordinances Created: 2024-06-28 16:22:21 [EST] (Supp. No. 19, Update 1)

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Chapter 18.80 CONDITIONAL USE PERMITS

18.80.010 Purpose.

In certain districts, conditional uses are permitted subject to the granting of a conditional use permit.

Because of their unusual characteristics, conditional uses require special considerations so that they may be located in a proper zoning district in order that the objectives of this title are satisfied, and the conditional use is compatible with the permitted uses in the zoning district. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.80.020 Application procedure.

Applications for a conditional use permit shall be filed and processed pursuant to the applicable sections of Chapter 18.70.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.80.030 Findings.

A. Findings for Approval of Non-Housing Projects. Before a conditional use permit can be approved for nonhousing related projects, all of the following findings shall be made by the reviewing authority identified in Chapter 18.70:

1. The proposed use would not impair the integrity and character of the zoning district in which it is to be located;

2. The proposed use would be compatible with existing land uses and future permitted land uses within the zoning district in which the proposed use is to be located;

3. The proposed use is consistent with the general plan;

4. There will not be significant effects upon the quality of the environment and natural resources;

5. The proposed location, size, design, and operating characteristics of the proposed use would not be detrimental to the public interests, health, safety, convenience, or welfare of the city and that any incompatible impacts of the proposed use are mitigated by conditions of approval.

B. Findings for Approval of Housing Projects. Before a conditional use permit can be approved for housingrelated projects, all of the following findings shall be made by the reviewing authority identified in Chapter

18.70:

1. The project does not have a specific, adverse impact on public health or safety. A “specific, adverse impact” is defined as a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions

2. The project is consistent with the purpose and intent of this Chapter, the requirements of the zoning district in which the site is located, and with all applicable development and objective design standards, as existed on the date the application was deemed complete.

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(Supp. No. 19, Update 1)

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3. The project is consistent with the General Plan and any applicable specific plan.

4. The existing or proposed public facilities necessary to accommodate the project (e.g., fire protection devices, parkways, public utilities, sewers, sidewalks, storm drains, street lights, traffic control devices, and the width and pavement of adjoining streets and alleys) will be available to serve the subject site.

C. A conditional use permit may be denied if the reviewing authority finds one or more of the findings in this section cannot be made.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.80.040 Conditions of approval.

The reviewing authority may place conditions of the approval on the conditional use permit that promote the public interests, health, safety, convenience, or welfare of the city or that mitigate any impacts to surrounding properties.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.80.050 Notice of decision.

A notice of decision of a conditional use permit shall be processed consistent with Chapter 18.70. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.80.060 Appeals.

Appeals to a decision of the reviewing authority of a conditional use permit shall be submitted and processed consistent with the procedures in Chapter 18.70.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.80.070 Life of permits and extensions of time.

The initial life and subsequent extensions of time for a conditional use permit shall be per Chapter 18.70, except that when any conditional use permit that is approved in conjunction with a tentative subdivision map or parcel map pursuant to Title 16 the conditional use permit shall not expire unless the tentative subdivision map or parcel map also expires, and an extension of the tentative subdivision map or parcel shall be deemed to be an extension of the conditional use permit.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.80.080 Revocation.

Revocation of an approved conditional use permit shall be conducted consistent with procedures and notice requirements in Chapter 18.70.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)
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(Supp. No. 19, Update 1)

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18.80.090 Subsequent permits.

Subsequent development permits associated with a conditional use permit shall be submitted, reviewed, and processed consistent with Chapter 18.70.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)
- CODE OF ORDINANCES
Title 18 - ZONING
Chapter 18.82 PLANNED UNIT DEVELOPMENT PERMITS
Chowchilla City, California, Code of Ordinances Created: 2024-06-28 16:22:21 [EST] (Supp. No. 19, Update 1)

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Chapter 18.82 PLANNED UNIT DEVELOPMENT PERMITS

18.82.010 Purpose.

Planned unit developments (PUDs) are encouraged to achieve a more functional, aesthetically pleasing, and harmonious living and working environment within the city that otherwise might not be possible by strict adherence to the provisions of this title. The P (Planned Unit) district, Chapter 18.51, provides an overlay intended to provide for the development of residential, commercial, and industrial unit developments, and to provide for the design and application of special development standards for said developments. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.82.020 Application procedure.

A. Applications for a planned unit development (PUD) permit shall be filed and processed pursuant to the applicable sections of Chapter 18.70.

B. In addition to the standard application information required, the director, after reviewing the site plan of the proposed PUD, shall list any unique, additional information necessary to review a proposed PUD in the site plan review process.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.82.030 Allowed planned unit developments.

A planned unit development may be utilized to achieve one or more of the following objectives:

A. To permit a site within more than one zone district to mix the permitted or conditionally permitted land uses of both zones within the site without regard to the zone district boundary.

B. To permit development intensity greater than would otherwise be permitted by the implementation of the standards of the zone district in which the site is located; C. To permit the lot patterns of size, shape, and layout that would otherwise not be permitted by the standards of the zone district in which the site is located; D. To modify the required building setbacks, distances between structures, and landscaped areas that would otherwise be required by this title;
E. To permit variations to the standard local street cross-sections; F. To permit private streets and gated neighborhoods;
G. To permit the implementation of the mixed use provisions; and H. To reduce the amount of required parking spaces when spaces are shared among multiple land uses. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)
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(Supp. No. 19, Update 1)

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18.82.040 Prohibited planned unit developments.

A planned unit development is prohibited from being used to achieve one or more of the following:

A. To add land uses that are not otherwise permitted in the zone district in which the PUD is located; B. To increase residential densities beyond the maximum allowed by the general plan; C. To modify sign standards or provisions in Chapter 18.56; or D. To modify parking and loading standards or provisions in Chapter 18.54, except as stated in Section

18.82.030.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.82.050 Site area.

A. The minimum site area for a planned unit development shall be five acres, except that there shall be no minimum site area requirements if the site is an infill development site.

B. The site area may be made up of more than one parcel, however all parcels in the site area shall be contiguous.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.82.060 Findings.

A. Before a planned unit development (PUD) permit can be approved, all of the following findings shall be made by the reviewing authority identified in Chapter 18.70:

1. The location and design of the PUD is in accordance with the purpose of this title;

2. The PUD is being proposed to achieve one or more of the objectives identified in Section 18.82.030;

3. The location and design of the PUD and the conditions under which it would be operated or maintained will not be detrimental have a specific, adverse impact to the public health, safety, or welfare of the community to properties or improvements in the vicinity. A “specific, adverse impact” is defined as a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions;

4. The PUD will have appropriate on-site circulation (e.g., pedestrian and vehicular) and traffic control is designed into the development to ensure facilities equal to or better than what would normally be created by compliance with the minimum setback and parcel width standards; The location and design of the PUD will not generate more traffic than the streets in the vicinity can carry without congestion, and will not overload utilities;

5. That PUD's population density, site area and dimensions, site coverage, yard spaces, height of structures, distances between structures, off-street parking and off-street loading facilities, landscaped areas, and street design will produce result in an environment of stable and desirable character that is consistent with the purpose of this title;

6. The combination of different dwelling types, architectural appearance, and/or varieties of land uses in the development will be arranged to avoid conflicts such as overcrowding, incompatible scale, or specific, adverse impacts on surrounding properties, and complement each other and will harmonize Created: 2024-06-28 16:22:21 [EST]
(Supp. No. 19, Update 1)

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will be consistent with the functional characteristics, scale, and intensity of with the existing and proposed land uses in the vicinity; and
B. A PUD may be denied if the reviewing authority finds one or more of the findings in this section cannot be made.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.82.070 Conditions of approval.

The reviewing authority may place conditions of approval on the planned unit development permit that promote well-planned neighborhoods, protect the public interests, health, safety, convenience, or welfare of the city, or that mitigate any impacts to surrounding properties. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.82.080 Notice of decision.

A notice of decision of a planned unit development permit shall be processed consistent with Chapter 18.70. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.82.090 Appeals.

Appeals to a decision of the reviewing authority of a planned unit development permit shall be submitted and processed consistent with the procedures in Chapter 18.70. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.82.100 Life of permits and extensions of time.

The initial life and subsequent extensions of time for a planned unit development use permit shall be per Chapter 18.70, except that when any planned unit development permit that is approved in conjunction with a tentative subdivision map or parcel map pursuant to Title 17 the conditional use permit shall not expire unless the tentative subdivision map or parcel map also expires, and an extension of the tentative subdivision map or parcel shall be deemed to be an extension of the planned unit development permit. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.82.110 Revocation.

Revocation of an approved planned unit development permit shall be conducted consistent with procedures and notice requirements in Chapter 18.70.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.82.120 Subsequent permits.

Subsequent development permits associated with a planned unit development permit shall be submitted, reviewed, and processed consistent with Chapter 18.70. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018) - CODE OF ORDINANCES
Title 18 - ZONING
Chapter 18.92 REASONABLE ACCOMMODATION
Chowchilla City, California, Code of Ordinances Created: 2024-06-28 16:22:22 [EST] (Supp. No. 19, Update 1)

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Chapter 18.92 REASONABLE ACCOMMODATION

18.92.010 Purpose.

In order to make specific housing available to one or more individuals with disabilities, this chapter implements the policy of the city on requests for reasonable accommodation in its rules, policies, and procedures for persons with disabilities as required by the Fair Housing Act, as amended, 42 U.S.C. Section 3604(f)(3)(B). The policy of the city is to comply fully with the provisions of the Fair Housing Act. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.92.020 Definitions.
"Applicant" means any person with disabilities or their representative that is requesting a reasonable accommodation pursuant to this chapter.
"Department" means the community development department of the city of Chowchilla. "Dwelling" means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof. "Fair Housing Act" means the Federal Fair Housing Amendments Act of 1988, as amended. "Person with disabilities" means any person who, as defined by applicable federal law, has a physical or mental impairment that limits one or more major life activities or anyone who is regarded as having such impairment; or anyone who has a record of such impairment. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.92.030 Reasonable accommodation request.

A. Any person with disabilities and eligible under the Fair Housing Act or their representative may request a reasonable accommodation with respect to the various land use or zoning laws, rules, policies, practices and/or procedures of the city as provided by the Fair Housing Act pursuant to the procedures set out in this chapter.

B. Nothing in this chapter requires persons with disabilities or operators of group homes for persons with disabilities acting or operating in accordance with applicable zoning, licensing or land use laws or practices to seek reasonable accommodation under this chapter.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.92.040 Notice to the public of availability of accommodation process.

The department shall prominently display a notice at the counter in the community development department and finance department advising that persons with disabilities or their representatives may request a reasonable accommodation in accordance with the procedures established in this chapter.

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(Supp. No. 19, Update 1)

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(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.92.050 Requesting reasonable accommodation.

A. A request by an applicant for reasonable accommodation relating to land use or zoning rules, policies, practices and/or procedures may be made orally or in writing. The department will assist the applicant with furnishing the department all information necessary for processing the reasonable accommodation request, including that information which the department deems necessary to complete a reasonable accommodation request.

B. The department will provide the assistance necessary to an applicant in making a request for reasonable accommodation. The department will provide the assistance necessary to any applicant wishing to appeal a denial of a request for reasonable accommodation to ensure the process is accessible to the applicant. The applicant is entitled to be represented at all stages of the proceedings identified in this chapter by a person designated by the applicant.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.92.060 Medical information.

A. Should the information provided by the applicant to the department include medical information or records of the applicant, including records indicating the medical condition, diagnosis or medical history of the applicant, the applicant may, at the time of submitting such medical information, request that the department, to the extent allowed by law, treat such medical information as confidential information of the applicant.

B. Medical Information. The department shall provide written notice to the applicant of any request received by the department for disclosure of the medical information or documentation which the applicant has previously requested be treated as confidential by the department. The department will cooperate with the applicant, to the extent allowed by law, in actions initiated by the applicant to oppose the disclosure of such medical information or documentation.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.92.070 Application requirements.

A. The applicant shall submit a request for reasonable accommodation in a form acceptable to the department.

The application shall include the following information:

1. The applicant's name, address and telephone number;

2. The address of the property for which the request is being made;

3. The name and address of the property owner, and the owner's written consent to the application;

4. The current actual use of the property;

5. The basis for the claim that the individual is considered disabled under the fair housing laws:
identification and description of the disability which is the basis for the request for accommodation, including current, written medical certification and description of disability and its effects on the person's medical, physical or mental limitations;
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(Supp. No. 19, Update 1)

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6. The rule, policy, practice and/or procedure of the city for which the request for accommodation is being made, including the zoning code regulation from which reasonable accommodation is being requested;

7. The type of accommodation sought;

8. The reason(s) why the accommodation is reasonable and necessary for the needs of the disabled person(s). Where appropriate, include a summary of any potential means and alternatives considered in evaluating the need for the accommodation;

9. Copies of memoranda, correspondence, pictures, plans or other background information reasonably necessary to reach a decision regarding the need for the accommodation; and B. If the project for which the reasonable accommodation is being requested also requires some other discretionary permit per this title or Title 16 (subdivisions), then the reasonable accommodation request shall be acted on before proceeding with the public hearing for the discretionary permit applications. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.92.080 Jurisdiction.

A. The director shall have the authority to consider and act on requests for reasonable accommodation. When a request for reasonable accommodation is filed with the department, it will be referred to the director/designee for review and consideration. The director shall issue a written determination within thirty days of the date of receipt of a completed application and may (1) grant the accommodation request, or (2) deny the request, in accordance with federal law. Any such denial shall be in writing and shall state the grounds therefore. All written determinations shall give notice of the right to appeal and the right to request reasonable accommodation in the appeals process. The notice of determination shall be sent to the applicant by certified mail, return receipt requested and by regular mail.

B. Requests for Additional Information. If reasonably necessary to reach a determination on the request for reasonable accommodation, the director/designee may, prior to the end of said thirty-day period, request additional information from the applicant, specifying in detail what information is required. The applicant shall have fifteen days after the date of the request for additional information to provide the requested information. In the event a request for additional information is made, the thirty-day period to issue a written determination shall be stayed. The director shall issue a written determination within thirty days after receipt of the additional information. If the applicant fails to provide the requested additional information within said fifteen-day period, the director shall issue a written determination within thirty days after expiration of said fifteen-day period.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.92.090 Findings for reasonable accommodation.

A. A determination on the following findings shall be made before any action is taken to approve or deny a request for reasonable accommodation and must be incorporated into the record relating to such approval or denial:

1. Whether the housing that is the subject of the request for reasonable accommodation will be used by one or more persons with disabilities protected under federal fair housing laws;

2. Whether the accommodation requested may be necessary to afford one or more persons with disabilities equal opportunity to use and enjoy a specific dwelling; Created: 2024-06-28 16:22:22 [EST]
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3. Whether the requested accommodation would require a fundamental alteration to the city's zoning scheme, as “fundamental alteration” is defined in fair housing laws and interpretive case law;

4. Whether the requested accommodation would impose undue financial or administrative burdens on the city, as “undue financial or administrative burden” is defined in fair housing laws and interpretive case law.

B. A request for a reasonable accommodation shall not be denied for reasons which violate the provisions of the Fair Housing Act. This ordinance does not obligate the city to grant any accommodation request unless required by the provisions of the Fair Housing Act or applicable California state law. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.92.100 Appeals.

A. The applicant may appeal the decision within thirty days of the date the mailing of the decision to the applicant.

B. Appeals shall contain a statement of the grounds for the appeal.

C. If an applicant needs assistance in appealing a decision, the department will provide the assistance necessary to ensure that the appeal process is accessible to the applicant. All applicants are entitled to be represented at all stages of the appeal proceeding by a person designated by the applicant.

D. Appeals shall be to the city council who shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than thirty days after an appeal has been filed. All determinations on appeal shall address and be based upon the findings identified in Section 18.92.090 and shall be consistent with the Fair Housing Act.

E. An applicant may request reasonable accommodation in the procedure by which an appeal will be conducted.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.92.110 Fee.

There shall be no fee imposed in connection with a request for reasonable accommodation under the provisions of this chapter or an appeal of the decision. Nothing in this chapter obligates the city to pay an applicant's attorney fee.
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.92.120 Stay of enforcement.

While an application for reasonable accommodation or appeal of said application is pending before the city, the city will not enforce the subject zoning ordinance against the applicant. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)
- CODE OF ORDINANCES
Title 18 - ZONING
Chapter 18.96 DEFINITION OF LAND USES
Chowchilla City, California, Code of Ordinances Created: 2024-06-28 16:22:22 [EST] (Supp. No. 19, Update 1)

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Chapter 18.96 DEFINITION OF LAND USES

18.96.010 Purpose.

The purpose of this chapter is to establish definitions for the identified land uses in this title. (Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

18.96.020 Land use definitions.

The following land use definitions apply to this title. The item number in parenthesis at the end of the definition is not a part of the definition, but refers to the line item of that land use in Table 18.08.020 and Table

18.08.030.
"Accessory building or structure" means a structure which is subordinate to and the use of which is customarily incidental to, that of the main building, structure or use on the same site, including patio covers. If any accessory building is attached to the main building by a common wall or a connecting roof, such accessory building shall be deemed to be a part of the main building. (41) "Accessory dwelling" means a secondary dwelling with its own kitchen, living area, and separate entrance that shares the lot of a larger primary dwelling. (30)
"Accessory use" means a use incidental, related, appropriate and clearly subordinate to the main use of the site or building, and accessory use does not alter the principal use of the site. (41) "Adult day health care center." See Residential care facility. (H13) "Adult family daycare, large." See Daycare, adult family large. (L13) "Adult family daycare, small." See Daycare, adult family small. (L12) "Adult entertainment establishment" means any adult bookstore, adult hotel or motel, adult motion picture arcade, adult motion picture theater, cabaret, sexual encounter establishment, adult model studio or any other business or establishment that offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," but not including those uses or activities, the regulation of which is preempted by state law. (I1) "Agricultural crop production" means the use of land for farming, horticulture, floriculture, viticulture, apiaries, tree and sod farms, animal and poultry husbandry, and accessory activities, including, but not limited to, storage, associated maintenance of equipment, harvesting of crops or feeding of animals and excluding dairying, stockyards, slaughtering or commercial food processing. Pursuant to Health and Safety Code Section 17021.6, any employee housing consisting of no more than thirty-six beds in a group quarters or twelve units or spaces designed for use by a single family or household shall be deemed an agricultural land use for zoning purposes. (D1) "Agricultural products packing, packaging, preparing or processing" means a facility performing any processing or packaging of crops after harvest, whether or not value is added, to prepare them for market on-site or for further processing and packaging elsewhere, including but not limited to: alfalfa and hay cubing; corn shelling; drying of corn, rice, hay, fruits or vegetables; pre-cooling and packaging of fresh or farm-dried fruits and vegetables; grain cleaning and custom grinding; custom grist mills; custom milling of flour, feed and grain; sorting, grading and packing of fruits and vegetables; canning, freezing, or preserving fruits and vegetables; tree nut hulling Created: 2024-06-28 16:22:22 [EST]
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and shelling; and alcohol fuel production. Any of the above activities performed in the field with mobile equipment not involving permanent buildings are included under "agricultural crop production." It includes related accessory uses such as offices, laboratories, retail sales of agricultural products produced on the premises or off-site by the operator, retail sales of agriculture-related promotional and/or educational items, and facility tours. Does not include "wineries," "commercial cannabis activity," "commercial cannabis activity," "cannabis cultivation," or sorting and packing activities conducted within a permitted roadside stand. (D2) "Airport or heliport" means an area of land, water or a structural surface that is used for the landing and takeoff of airplanes and/or helicopters, and any appurtenant areas or buildings that are used for maintenance, servicing, or storing of aircraft, and for services provided to pilots or passengers. (K1) "Ambulance service" means the provision by a licensed ambulance provider of ground transportation of a sick or injured person in a specially designed and equipped vehicle which includes a trained ambulance attendant who is licensed or certified as required by state law. (J1) "Animal raising" means the care and breeding of domestic agricultural animals such as chickens and other fowl, horses, goats, or cows. (D3)
"Art school." See School, charter, trade, vocational, art, business, or professional. (C13) "Artisan food and beverage production and sales" means small scale production and/or preparation of food and/or beverages made on site with minimal automated processes involved and may include direct sales to consumers and product tasting. This definition includes uses such as small batch food producers and bakeries, small batch candy shops, cheese makers, and herbal remedies. The definition does not include production of beer, wine, or other alcoholic beverages. (B1)
"Assembly, place of." See Club, lodge, or private meeting hall (C3) or Religious institution or facility. (C10) "Assisted living, skilled nursing, or hospice facility" means a residential complex providing skilled nursing care on an intermittent, extended, or continuous basis to residents, with staff personnel and programs to assist residents with many activities of daily living. Units may or may not have kitchens, and meals can also be provided in a central location. (1) (H1)
"Athletic complex or ball field" means a field, outdoor court, outdoor swimming pool, stadium or group of these used for sporting activities such as baseball, softball, football, basketball, swimming, or other sports, and is not operated as a commercial enterprise. (G1)
"Auction or sales house" means a fully enclosed establishment where items are offered for sale through competitive bidding. It does not include foreclosure, real estate or personal property sales conducted upon the site of the estate, foreclosed or for sale property or property belonging to the personal property owner. It does not include "swap meet or flea market" or "auction or sales yard." (I2) "Auction or sales yard" means an outdoor or open air facility where items are offered for sale through competitive bidding. Items typically include motor vehicles, heavy equipment, items of an industrial nature, livestock, or items not normally found within retail stores. It does not include "swap meet or flea market." It may also have an indoor component similar to an auction or sales house. (I3) "Auditorium" means a large room or building used for public gatherings typically open to the general public to watch and/or listen to a performance, speech, or concert. It does not include "theater, live or movie." (C1) "Automated teller machine (ATM)" means a computer terminal that takes the place of a human bank teller and allows the user to access basic bank services, such as making deposits and cash withdrawals, from remote locations. (A1)
"Ball field." See Athletic complex or ball field. (G1)
"Bank or credit union, main branch" means an institution providing retail banking services. This classification includes only those institutions engaged in the on-site circulation of money, loan services, or merchant banking Created: 2024-06-28 16:22:22 [EST]
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services. This use excludes a payday lender or check-cashing establishment. For administration, headquarters, or other offices of banks and credit unions without retail banking services with on-site circulation of money see Office, professional or commercial. (J2)
"Bar, nightclub, or lounge" means an establishment that provides alcoholic beverages for consumption on the site and may or may not provide food service, and that may provide live entertainment and/or dancing. This use typically requires an ABC Type 40, 42, 48, 60, or 61 license. (B2) "Barbershop, hair salon, nail care, massage therapy, or day spa" means an establishment that provides personal care treatments or massage therapy of hair, skin, nails, and/or face where overnight accommodations are not provided. This use includes the application of permanent facial makeup, but does not include other forms of tattooing or body art application. (J3)
"Bed and breakfast inn" means a transient lodging establishment that is predominantly residential in character, is primarily engaged in providing overnight or otherwise temporary lodging for the general public, and where a breakfast meal is customarily included in the lodging rate. Alcoholic beverages served to overnight guests typically requires an ABC Type 67 license. (2) (H2)
"Boarding house or rooming house" means a building containing a single dwelling unit and provisions for five or more guests, where lodging is provided with or without meals for compensation. This definition does not include assisted living, skilled nursing, or hospice facility, bed and breakfast inn, or residential care facility. (3) (H3) "Boat, recreational vehicle (RV), and truck sales" means an open area or building, other than a street, used for the display, sale, or rental of new or used boats, campers, camper trailers, recreational vehicles, trucks over one-ton class, and other vehicles or sporting equipment of similar size, and where no repair work is done except minor incidental repairs and servicing of vehicles and equipment to be displayed, sold or rented on the premises. (I6)
"Brewery, winery, or distillery" is an establishment that manufactures beer, wine, distilled spirits or similar alcoholic beverages, including processing, storage, aging, packaging, bottling, and shipping. Consumption can occur on or off the site in accordance with the establishment's ABC license restrictions and can include tasting facilities and/or a restaurant. This use typically requires an ABC Type 01, 02, 03, or 04 license. (D4) "Brewpub" means a restaurant that also brews limited amounts of beer (less than five thousand barrels) for consumption on the site. This use typically requires an ABC Type 75 license. (B3) "Building materials and supply or home improvement store" means an establishment selling a mix of lumber, building materials, tools, residential appliances, nursery items, and home furnishings. (I7) "Bus, transit, or train station" means a terminal facility where transit vehicles load or unload passengers, along with supporting services such as ticket sales and waiting areas. Bus, transit, or train station does not include a transit stop along a route in the public right-of-way where no additional services are provided. (K2) "Business school." See School, charter, trade, vocational, art, business, or professional. (C13) "Business support service" means an establishment providing primarily other businesses with a mix of services that can include word processing, desktop publishing, spreadsheet design, telephone answering, mail receiving and forwarding, packing and shipping, bookkeeping, and photocopying, and can include indoor storage rental, and/or small office space rental when provided with these services. (E1) "Call center" means an office used primarily for receiving or transmitting a large volume of requests by telephone to administer product support or information inquiries from consumers or to conduct telemarketing, solicitation of charitable or political donations, debt collection, or market research. (E2) "Cannabis cultivation" means any activity, whether occurring indoors or outdoors, involving the propagation, planting, growing, harvesting, drying, curing, grading, and/or trimming of cannabis plants or any part thereof for any purpose. (50) (51) (L1) (L2)
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"Cannabis delivery" shall be as defined in the Medical Marijuana Regulation and Safety Act, California Business and Professions Code Section 19300.5(m), as that section may be amended from time to time, and includes the commercial transfer of cannabis or cannabis products from a dispensary as well as the use of any technology platform owned, controlled, and/or licensed by the dispensary, or independently licensed by the state of California under the MCRSA or AUMA that enables anyone to arrange for a commercial transfer, up to an amount determined to be authorized by the state of California, or any of its departments or divisions, to anyone for any purpose. (52) (L3)
"Cannabis dispensary" means a commercial cannabis business facility where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment (whether fixed or mobile) that delivers, pursuant to express authorization, cannabis and cannabis products as part of a retail sale. (58) (L9) "Cannabis distribution" means the wholesale procurement, and sale, of cannabis or cannabis products between entities licensed pursuant to MCRSA, AUMA and any subsequent state of California legislation regarding the same. (53) (L4)
"Cannabis laboratory testing" means offering or performing testing and/or activities relating to evaluation of, or assessing the quality and/or characteristics of, cannabis or cannabis products; carried out by any entity, accredited and licensed by the state of California, bureau of marijuana control, or otherwise accredited by any other independent accrediting body, within a facility or at any other location. (54) (L5) "Cannabis manufacturing" means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, extraction or other manufactured product intended for internal consumption through inhalation or oral ingestion or for topical application. (55) (L6) "Cannabis product" means a product containing medical cannabis, including, but not limited to, manufactured cannabis, - intended to be sold for use by medical cannabis patients in California pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the California Health and Safety Code (as the same may be amended from time-to-time) or pursuant to the Adult Use of Marijuana Act. For purposes of this title, "medical cannabis" does not include industrial hemp as defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code. "Cannabis transporting" means the conveyance by a person, issued a state license authorizing the point-topoint movement of cannabis or cannabis products, in amounts authorized by the state of California, or by one of its departments or divisions under the MCRSA and/or AUMA. (60) (L11) "Car wash, automatic or full service" means a facility for washing vehicles using conveyorized and/or mechanized equipment where the washing of the vehicle is performed by equipment, the facility's employees, or both. (J4)
"Car wash, self-service" means a facility for washing vehicles where the user of the vehicle uses handheld equipment, typically coin-operated, to wash the vehicle. (J5) "Card room" means an establishment providing legal gambling combine with card games, and can include a restaurant, bar, or other ancillary entertainment. (C2) "Caretaker residence or quarters" is a residence that is accessory to a primary use of the site, for housing a persons or persons who are tasked with caring for or securing the site on a part-time or full-time basis. Second dwelling unit includes caretaker residence or quarters in residential zones. (A2) "Carnival or circus" means a temporary outdoor amusement center, bazaar or fair, either involving use of special purpose equipment or conducted by professional operators, or both, and where activities include such things as rides, exhibitions, food service, sales, or small-scale games. Carnival or circus does not include a nonprofit event sponsored by a local school or religious institution. (C4) Created: 2024-06-28 16:22:22 [EST]
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"Carpet cleaning and dyeing" means an establishment that provides for the cleaning and dyeing of rugs, carpet, and upholstery. (J6)
"Cemetery" means land and facilities used or intended to be used for the burial or interment of the dead, and includes a columbarium, crematorium, mausoleum and/or mortuary when operated in conjunction with and within the boundary of the facility. (F1)
"Charter school." See School, charter, trade, vocational, art, business, or professional. (C13) "Check cashing establishment." See Payday lender or checking cashing establishment. (J20) "Child care center." See Daycare center. (L16)
"Club, lodge, or private meeting hall" means a large room or building used for public gatherings where membership or invitation is typically required to attend. It can include a dance floor, lodge rooms, conference rooms, dining rooms, drinking establishments for members and their guests only, and exhibit rooms. Alcoholic beverage service to members and their guests typically requires an ABC Type 51, 52, or 57 license. (C3) "Cold storage or ice house" means a facility for the storage food or other items in an artificially cooled place for the purpose of preservation, and/or for producing large amounts of ice. (K3) "College or university, private or public" means a school or group of schools that provides post- secondary education usually resulting in a degree. (C5)
"Clinic, medical." See Urgent care center or other walk-in clinic. (E9) "Commercial recreation facility, indoor" means indoor recreational facilities that are operated as a business and open to the general public for an entry fee or pay per use. Examples include indoor uses such as, but are not limited to, a bowling alley, bounce house, skating rink, batting cage, miniature golf, swimming pool, climbing wall, arcade, and similar uses. Food and beverage service can be provided as an ancillary use. (G2) "Commercial recreation facility, outdoor" means outdoor recreational facilities that are operated as a business and open to the general public for an entry fee or pay per use. Examples include outdoor uses such as, but are not limited to, a batting cage, miniature golf, water slide, go-cart racing, and similar uses. Food and beverage service can be provided as an ancillary use. (G3) "Communications equipment building." See Electric distribution and transmission substation, gas regulator station, communications equipment building, public service pumping station, or elevated pressure tank. (F4) "Community center or facility" means an assembly building used typically for non-profit social, recreational, and cultural activities. (61) (F2)
"Community garden" means an area of land managed and maintained by an individual or group to grow and harvest food and horticultural products for personal or group consumption. The garden may be divided into separate garden plots for cultivation by one or more individuals or may be farmed collectively by members of the group. (F3)
"Construction materials recycling" means a yard or facility that collects leftover construction materials that may be recycled or reused as an alternative to disposal in landfill site. Examples of construction materials include lumber, drywall, masonry, cabinets, metals and appliances, cardboard and paper, asphalt roofing, plastic and vinyl, doors and windows, tubs, sinks, and toilets. (J7)
"Convenience store, with or without fuel sales" means an establishment with extended operating hours and in a convenient location, stocking a limited range of household goods and groceries. Retail fuel sales may or may not also be provided. (I8)
"Convention or conference center" means facilities designed and used for conventions, conferences, seminars, trade shows, product displays, and other events in which groups gather to promote and share common interests. Convention centers typically have at least one auditorium and may also contain concert halls, lecture Created: 2024-06-28 16:22:22 [EST]
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halls, meeting rooms, and conference rooms, as well as accessory uses such as facilities for food preparation and serving and administrative offices. Convention or conference center does not include conference rooms that may be an ancillary use in a hotel and motel. (C6)
"Copy, printing, or mailing service" means an establishment providing printing, photocopying, engraving, binding, packaging, mailing and related services to both businesses and individuals. (J8) "Cottage food operation" means a home-based business involving the preparation and/or packaging of certain foods in private-home kitchens for sale primarily by the resident family. (A3) "Crematorium" is a structure or building substantially exposed above ground intended to be used for the cremation and/or interment of the cremated remains of a deceased person or animal. (J9) "Daycare facility" means a facility providing supervision, feeding and nonmedical care of persons, usually but not necessarily children, for a time period of less than twenty-four hours. Daycare facilities are further divided into the following categories:
"Daycare, adult large family" means a facility licensed by the state of California that is located in a single-unit residence or other dwelling unit where a resident of the dwelling provides care and supervision for up to twelve adults over the age of eighteen for periods of less than twenty-four hours a day. (63) (L13) "Daycare, adult small family" means a facility licensed by the state of California that is located in a single-unit residence or other dwelling unit where a resident of the dwelling provides care and supervision for up to six adults over the age of eighteen for periods of less than twenty-four hours a day. (62) (L12) "Daycare, large family" means regularly provided care, protection, and supervision of children, in the caregiver's own home, for periods of less than twenty-four hours per day, while the parents or authorized representatives are away for seven to fourteen children. (65) (L15) "Daycare, small family" means regularly provided care, protection, and supervision of children, in the care giver's own home, for periods of less than twenty-four hours per day, while the parents or authorized representatives are away for up to eight children. (64) (L14) "Daycare center" means any adult or child care facility of any capacity, other than a family care home, in which less than twenty-four-hour per day nonmedical care and supervision are provided in a group setting. This classification includes nursery schools, preschools, and daycare facilities for children or adults, and any other daycare facility licensed by the state of California. (66) (A4) (L16) "Day spa." See Barbershop, hair salon, nail care, massage therapy, or day spa. (J3) "Drive-thru pick-up window" means the ancillary use of a window or other opening in the wall of building through which goods, or services are provided directly to customers in motor vehicles. (A5) (A6) "Dry cleaning or laundromat" means an establishment providing laundry, dry cleaning, and other related services for individual customers on a pick-up and drop-off basis or where with coin- operated washing and drying machines are available for customer use. (J10)
"Duplex." See Multi-family dwelling. (11) (12) (13) (H9) (H10) (H11) "Dwelling, accessory." See Accessory dwelling. (30)
"Dwelling, multiple-family." See Multi-family dwelling. (11) (12) (13) (H9) (H10) (H11) "Dwelling, single-family." See Single-family dwelling. (17) (18) (H16) (H17) "Electric distribution and transmission substation, gas regulator station, communications equipment building, public service pumping station, or elevated pressure tank" means the assembly of above-ground buildings or equipment on a separate lot that is part of a system for the distribution or transmission of electric power, Created: 2024-06-28 16:22:22 [EST]
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natural gas, domestic water, or communications. Wireless communication facilities are not included in this definition. (F4)
"Electric vehicle recharging facility" means one or more publicly available parking spaces served by electric vehicle service equipment and is typically an ancillary use in a parking garage or parking lot. (A7) "Elevated pressure tank." See Electric distribution and transmission substation, gas regulator station, communications equipment building, public service pumping station, or elevated pressure tank. (F4) "Emergency shelter" means a facility providing housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less where housing is not denied because of an inability to pay. Such a facility must include other interim interventions, including but not limited to, navigation centers, bridge housing, and respite or recuperative care. (4) (H4) "Employee housing" means property used temporarily or seasonally (not more than one hundred eighty days in any calendar year) for the residential use of unrelated persons/families employed to perform agricultural or industrial labor either on or off site of agricultural activities. The accommodations may consist of any living quarters, dwelling, boarding house, tent (only temporary occupancy), bunkhouse (only temporary occupancy), mobilehome, manufactured home, recreational vehicle, travel trailer, or other housing accommodations maintained in one or more buildings, or one or more sites, and the premises upon which they are situated, including area set aside for parking of mobilehomes or camping of employees by the employer. Employee housing may also involve permanent residency if the housing accommodation is a mobilehome, manufactured home, travel trailer, or recreational vehicle pursuant to Health and Safety Code Section 17021.5. Specifically, there are two types of employee housing as follows:

1. Employee Housing, Large: Employee housing that serves more than six employees and consists of no more than thirty-six beds in group quarters or twelve units or spaces designed for use by a single family or household. Pursuant to Health and Safety Code Section 17021.6, any employee housing consisting of no more than thirty-six beds in a group quarters or twelve units or spaces designed for use by a single family or household shall be deemed an agricultural land use for zoning purposes.

2. Employee Housing, Small: Employee housing that serves six or fewer employees. (5) (H5) "Equipment rental yard" means an establishment offering a wide variety of large equipment or tools for rent, much of which is stored outdoors when not being used. (J11) "Exterminator or pest control service" means an establishment specializing in the elimination of vermin, insects, or other similar pests from a building or grounds, especially by the controlled application of toxic chemicals. (J12)
"Fairgrounds" means an area with indoor and outdoor facilities where fairs, circuses, or exhibitions are held. (F5)
"Farmers market" means a facility or area where several farmers or growers gather on a periodic basis to provide fresh fruits, vegetables, or other locally-grown agricultural products directly to consumers. (I10) "Feed and seed store" means an establishment that provides feed, seed, and animal and agricultural supplies primarily in bulk quantities. (I11)
"Food catering" means an establishment that prepares and delivers food and beverages for off- site consumption, typically at a special event, without provision for on-site pickup or consumption. (J13) "Food locker" means an establishment that rents lockers, compartments, or space for the storage of frozen food. A food locker may also include the preparation or dressing of animal carcasses for consumption but does not include the slaughtering of animals. (K4)
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"Food market" means an establishment that provides a wide variety of fresh produce and meat, canned and packaged food items, small household goods, and similar items that are typically consumed and used off premises.

It can also contain a section where prepared foods are sold and consumed on site. (I12) "Food produce stand" means an area or building set aside for the sale of agricultural produce that is grown primarily on the site. (I13)
"Fortune telling" means an establishment where people's fortunes are predicted through the use of astrology, card reading, numerology, etc. (J14)
"Fuel distributing" means a facility that is a base of operations for the bulk distribution of gasoline, propane, butane, or other another site. (J15)
"Fuel sales, fleet, or cardlock" means an establishment that is typically unattended and provides gasoline, propane, diesel fuel, and/or other liquid or gaseous fuels mainly for commercial fleet vehicles. (I14) "Fuel sales, retail" means an establishment that provides gasoline, propane, diesel fuel, and/or other liquid or gaseous fuels directly to consumers. (I15)
"Funeral home or mortuary" means an establishment where deceased are prepared for burial or cremation, and funeral services may be conducted. It can include an area where funeral vehicles are stored, and caskets and other funeral supplies are sold. (C7)
"Games of skill or amusement" means machines, devices or apparatus, the operation or use of which is made possible by the deposit or placement of any currency, plate, disc, slug or key into any slot or crevice, for the purpose or use as a game or amusement. This use does not include games, machines, or devices used for a purpose that is prohibited by law. (A9) (A10)
"Garden shop" means an establishment that provides live plants and related products mainly to residential consumers, with a portion of the establishment typically located outdoors. (I16) "Gas regulator station." See Electric distribution and transmission substation, gas regulator station, communications equipment building, public service pumping station, or elevated pressure tank. (F4) "Gas station." See Fuel sales, retail. (I15)
"Golf course or country club" means one or more golf courses, with accessory facilities and uses that can include clubhouses with bar and restaurant, locker and shower facilities; driving ranges; "pro shops" for onsite sales of golfing equipment; and golf cart storage and sales facilities. (G4) "Government office; local, state, or federal" means a facility owned or operated by a local, state, or federal government that provides services to the public such as employment assistance, public assistance, motor vehicle registration and licensing services and similar activities commonly accustomed to having sizeable assemblages of people waiting for service, whether pedestrian or vehicular. This use does not include a government-owned facility that is more specifically defined in this chapter, such as fairgrounds, cemetery, post office, or public safety facility. (F9)
"Guest house" means an accessory building not intended for permanent occupancy which does not have separate cooking facilities from the primary residence living quarters without a kitchen, located on the same premises with a main residence. (34)
"Hair salon." See Barbershop, hair salon, nail care, massage therapy, or day spa. (J3) "Hazardous waste facility" means all contiguous land and structures, other appurtenances and improvements on the land used for the treatment, transfer, storage, resource recovery, disposal or recycling of hazardous waste, and may consist of one or more treatment, transfer, storage, resource recovery, disposal or recycling hazardous waste management units, or combinations of these units. (See Health and Safety Code Section 25117.1.) (D5)
Created: 2024-06-28 16:22:22 [EST]
(Supp. No. 19, Update 1)

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"Health or fitness facility, large" means a fitness center, gymnasium, health club or athletic club that typically charges a membership fee and includes any of the following: indoor sauna, spa or hot tub facilities; a swimming pool, or a tennis, basketball or handball court. (G5)
"Health or fitness facility, small" means a fitness center, health club or athletic club that typically charges a membership fee and does not include any of the following: indoor sauna, spa or hot tub facilities; a swimming pool, or a tennis, basketball or handball court. (G6)
"Heliport." See Airport or heliport. (K1)
"Home occupation" means a commercial business activity conducted as an accessory use within a residence. (A11)
"Hospital, general or psychiatric" means a facility that provides medical, psychiatric, or surgical service for sick or injured persons, primarily on an in-patient basis, and including ancillary facilities for out-patient and emergency treatment, diagnostic services, training, research, administration and services to patients, employees, or visitors. (E5)
"Hotel or motel" means a building or group of buildings in one complex consisting of multiple guest rooms intended or designed to be occupied on a temporary basis, and typically providing ancillary services such as a restaurant, lounge, pool or exercise room, meeting rooms, and/or other personal services. Alcoholic beverages served to overnight guests outside of a restaurant or bar/lounge typically requires an ABC Type 70 license. (7) (H6) "Industrial or manufacturing facility, heavy" means a facility that manufactures products from extracted or raw materials or recycled or secondary materials, or the bulk storage and handling of such products and materials.

This use includes operations such as biomass energy conversion; production apparel manufacturing; photographic processing plants; leather and allied product manufacturing; wood product manufacturing; paper manufacturing; chemical manufacturing; plastics and rubber products manufacturing; nonmetallic mineral product manufacturing; primary metal manufacturing; fabricated metal product manufacturing; and automotive and heavy equipment manufacturing. This use does not include agricultural products processing. (D6) "Industrial or manufacturing facility, light" means a facility that manufactures products from previously prepared materials completely within an enclosed building, and that produces minimal impacts on nearby properties. This use includes the manufacturing of finished parts or products primarily from previously prepared materials; commercial laundries and dry cleaning plants; monument works; printing, engraving, and publishing; sign production or manufacturing; machine and electrical shops; computer and electronic product manufacturing; furniture and related product manufacturing; and industrial services. The use also includes the preparation and/or packaging of food for off-site consumption. (D7)
"Junkyard, wrecking yard, or salvage facility" means a facility that accepts, collects, and stores junk, scrap, or salvable material, including junk metals or other scrap materials, and/or that stores, dismantles, wrecks, or allows parts removal of more than three non-operating vehicles, or machinery for a period of more than thirty days. (K5) "Keeping of household pets" means the keeping, raising, and caring for domesticated animals that are not considered domestic agricultural animals by the definition of animal raising, and typically including dogs, cats, birds, fish or other similar sized animals. Also, see Animal raising. (A12) "Kennel or animal boarding" means any facility where four or more dogs, cats, or other small animals are kept overnight for profit, breeding, care, or exhibiting. This use does not include a pet store. (J16) "Laboratory, general, medical, or dental" means a facility that conducts scientific or medical experiments, research, or teaching, typically within a completely enclosed building. (E4) "Landscape nursery" means a facility that grows, maintains, and provides trees, plants, and other nursery products for transplant in another location typically to both retailer and wholesale customers. (I17) "Large family daycare." See Daycare, large family. (L4) Created: 2024-06-28 16:22:22 [EST]
(Supp. No. 19, Update 1)

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"Library, museum, or cultural facility" means a facility operated entirely on a public or nonprofit basis for the purpose of providing education, information, training, and/or entertainment of a civic or cultural nature. (C8) "Linen, diaper or uniform supply service" means an establishment providing high volume laundry and garment services, including power laundries (family and commercial), garment pressing and dry cleaning, linen supply, diaper service, and industrial laundries. This use does not include dry cleaning or laundromat. (J17) "Liquor store" means an establishment that provides for the sale of alcoholic beverages such as beer, wine, and/or distilled spirits for consumption off the site, along with other retail items. This use typically requires an ABC Type 20 or 21 license. Limited consumption on the site can occur only when the appropriate ABC license is obtained, typically an ABC Type 86 license. (I18)
"Live/work facility" means a building that combines a complete dwelling unit with a commercial or office work space, with both occupancies used by the same person or family. (H7) "Lodge." See Club, lodge, or private meeting hall (C3)
"Lounge." See Bar, nightclub, or lounge. (B2)
“Low Barrier Navigation Center” means a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. (H21) "Lumberyard." See Building materials and supply or home improvement store. (I7) "Manufactured home" means a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or forty body feet or more in length, in the traveling mode, or, when erected on site, is three hundred twenty or more square feet, and is designed to be used as a single-family dwelling when connected to the required utilities. (8) "Manufactured home sales yard" means an establishment that stores and provides manufactured homes, typically in an open setting with a sales office. (I19) "Massage therapy." See Barbershop, hair salon, nail care, massage therapy, or day spa. (J3) "Meat packing or slaughterhouse" means a facility used for the killing or dressing of animals, including cattle, sheep, swine, goats, horses, or poultry, and the storage, freezing, curing, or packaging of meat or meat products. (D8)
"Meat packing or slaughterhouse" means a facility that slaughters animals and/or packages animal meat for food. (D8)
"Microbrewery" means an establishment that produces small batches of beer for sale on or off of the site and may or may not include food service. Typically, a microbrewery produces fewer than fifteen thousand barrels of beer or ale per year. This use typically requires an ABC Type 23 license. (B4) "Mining, quarry, or sand and gravel excavation" means an area of land where rock, ore, stone and similar materials are excavated and processed for sale for use off-site. (D9) "Mini-warehouse or self-storage facility" means an establishment providing rental space, such as rooms, lockers, or containers for the storage of goods and materials, typically on a monthly basis. This use does not include Food locker or Warehouse or distribution center. (K6) "Mobilehome" means a structure that was constructed prior to June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or forty body feet or more in length, in the traveling mode, or, when erected on site, is three hundred twenty or more square feet, and is designed to be used as a single-family dwelling when connected to the required utilities. (9)
Created: 2024-06-28 16:22:22 [EST]
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"Mobilehome park" means an area of land where two or more mobilehome sites are rented or leased, or offered for rent or lease, to accommodate mobilehomes or manufactured homes used as a residence. (10) (H8) "Mobile food vendor" means any motorized vehicle, motorized cart, trailer pulled by a motorized vehicle, or any motorized conveyance from which food is peddled or sold for sale. (A13) "Motel." See Hotel or motel. (H6)
"Motor vehicle repair or service, major" means an establishment that provides major repair or servicing of motor vehicles, such as body, chassis, engine, transmission, or exhaust repair or modification. (J18) "Motor vehicle repair or service, minor" means an establishment that provides minor repair or servicing of motor vehicles, such as the replacement of tires or batteries, smog inspection, window tinting, car stereo installation, oil and filter change, wheel alignment, and fluid flushing, refill, or replacement. This could also include:
outboard or marine-use equipment, off-road equipment, or equipment that is classified under one thousand two hundred cubic centimeters. (J19)
"Multi-family dwelling" means a building or group of buildings in one complex with multiple separate housing units. A multi-family dwelling can have two units (a duplex,) three units (a triplex,) four units (a fourplex,) or five or more units. Multi-family dwelling includes a mixed use building that also provides separate space for commercial or office use, but does not include an attached single-family dwelling. (10) (11) (12) (H9) (H10) (H11) "Nail care." See Barbershop, hair salon, nail care, massage therapy, or day spa. (J3) "News, magazine, or flower stand, outdoor" means an establishment that provides newspapers, magazines, flowers, or other similar goods, typically to pedestrians passing by, in a permanent structure open to the outdoors.

This use does not include sales from temporary booths or structures. (I20) "Nightclub." See Bar, nightclub, or lounge. (B2)
"Office; medical, dental, or optometry" means an establishment that provides services, typically by appointment, dealing with human health including dental, chiropractic, medical, optometry, physical therapy, psychology, psychiatry, family counseling, or therapy. This use does not include barbershop, hair salon, nail care, massage therapy, or day spa. (E6)
"Offices, professional or commercial" means an establishment that provides administrative, clerical, technical, professional or similar business services and typically where products or goods are not provided.

Examples include escrow and title, insurance, mortgage, real estate, accounting, architecture, graphic design, finance, consulting, engineering, legal, and similar services. (E7) "Optical retailer" means an establishment that provides prescription eyeglasses and contact lenses, and where optometry services are not provided on the site. Prescription eyeglasses and contact lenses may be made on the premises. (I24)
"Outdoor advertising structure" means a structure of any kind or character, erected or maintained for outdoor advertising purposes, upon which a sign may be placed that advertises a use, product, or service that is not provided off-site. (A14)
"Outdoor storage" means the storage of goods or materials outside of any building or structure, but not including storage of a temporary or emergency nature. (A15) "Park or playground" means an open area typically landscaped and containing play equipment that provides rest and recreation, usually owned by a public agency or homeowner's association. (69) (G7) "Parking facility, off-site" means an area, lot, or structure with one or more levels, other than a street or other public right-of-way, that provides for the parking of motor vehicles as a primary use on the site. This use does not include parking areas or lots that are ancillary and specifically intended to provide parking for the primary use on the site. (K7)
Created: 2024-06-28 16:22:22 [EST]
(Supp. No. 19, Update 1)

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"Pawn shop" means an establishment that provides secured loans to customers, with items of personal property used as collateral. (I21)
"Payday lender or check cashing establishment" is an establishment that cashes checks, warrants, or money orders for a fee, and/or provides shortterm loans, usually at a high interest rate, that must be paid in full when the borrower receives their next paycheck. This use does not include bank or credit union. (J20) "Pet grooming" is a personal service establishment that, for a fee, trims, cleans or curries domestic pets such as dogs and cats and which may sell pet supplies. This use does not include kennel or animal boarding. (J21) "Pet store" means an establishment where dogs, cats, or other small animals are kept and offered for sale. (I22)
"Pharmacy" means an establishment that provides prescription drugs under the supervision of a pharmacist and can also provide other retail products. (E8)
"Photography studio" means an establishment where customers can have their portraits taken professionally. (J22)
"Pool hall or billiard parlor" means an establishment where pool and/or billiard games are played for a fee. (C9)
"Post office" means a facility that accepts, processes, and sorts mail, operated by the United States Postal Service. (F7)
"Private meeting hall." See Club, lodge, or private meeting hall (C3) "Produce stand." See Food produce stand. (I13)
"Professional school." See School, charter, trade, vocational, art, business, or professional. (C13) "Public corporation yard, utility yard, or vehicle and heavy equipment maintenance and storage yard" means a facility that provides for maintenance, servicing, or storage of fleet vehicles, equipment, or supplies, or for the dispatching of service vehicles; or distribution of supplies or construction materials required in connection with a business activity, public utility service, transportation service, government service, or similar activity. (F8) "Public safety facility or station" means a facility that is a base for providing public safety and emergency services, including police, fire protection and emergency services. This use does not include ambulance service. (F9)
"Public service pumping station." See Electric distribution and transmission substation, gas regulator station, communications equipment building, public service pumping station, or elevated pressure tank. (F4) "Recreational vehicle park" means a lot or area of land where two or more spaces are rented to users of recreational vehicles for overnight parking and use, and that typically provide support services, such as utility hookups and sewer dump facilities. (14) (H12)
"Recycling, large collection facility" means a facility located in an area of over five hundred square feet that accepts recyclable materials from the public by donation, redemption, or purchase for temporary storage and transport to a processing and sorting facility. (J24)
"Recycling, processing or sorting facility" means a facility used for the collection, processing and preparation of recyclable material for efficient shipment, or to an end-user's specifications, by such means as bailing, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. (J25)
"Recycling, small collection facility" means facility located in an area of not more than five hundred square feet that provides for the redemption of California CRV redeemable beverage containers by means of a kiosk, container, mobile unit, reverse vending machine or other collection method. (J24) Created: 2024-06-28 16:22:22 [EST]
(Supp. No. 19, Update 1)

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"Religious institution or facility" means a facility used primarily to gather for religious worship and related religious activities. (70) (C10)
"Repair shop, large appliance or equipment" means an establishment that restores or repairs major appliances or equipment that generally cannot be easily moved by a single person and is typically placed on the floor. This use typically provides all of its service on-site and includes repair of large, motorized equipment that are not vehicles including, but not limited to, outboard or marine-use equipment, off-road equipment, or equipment that is classified under one thousand two hundred cubic centimeters. (J26) "Repair shop, small appliance or equipment" means an establishment that restores or repairs small appliances or equipment that generally can be moved by one person and is typically repaired on a table or work bench. This use typically provides all of its service on-site, and includes services such as gunsmithing, lawnmower repair, and home computer repair. (J27)
"Research and development facility" means a facility that is primarily used for the research, design, development, and testing of biological, chemical, electrical, magnetic, mechanical, and/or optical components in advance of product manufacturing. This use does not involve the fabrication, mass manufacture, or processing of products. (D10)
"Residential care facility" means a single-family dwelling, group care facility, or similar facility licensed by the state of California for twenty-four-hour non-medical care of persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual. (15) (16) (H13) (H14)
"Residential dwelling located in the same building with office or commercial use" means a building that contains a mix of both residential dwelling units and space used for commercial or office uses. (H15) "Restaurant, full service" means an establishment providing preparation and sale of a variety of food and beverages with full table service by wait staff. Takeout or delivery service and/or live entertainment may also be provided. If alcoholic beverages are served, this use typically requires an ABC Type 41 or 47 license. (B5) (B6) (B7) "Restaurant, limited service with drive-thru pickup window" means an establishment providing preparation and sale of a variety of food and beverages for consumption on or off the site by ordering and paying at a counter or drive-thru window. Delivery service and/or live entertainment may also be provided. (B8) (B9) "Restaurant, limited service without drive-thru pickup window" means an establishment providing preparation and sale of a variety of food and beverages by ordering and paying at a counter. Takeout or delivery service and/or live entertainment may also be provided. Drive-thru pickup windows are not provided. If alcoholic beverages are served, this use typically requires an ABC Type 41 or 47 license. (B10) "Retail sales solely via internet, direct mail, or telephone" means an establishment providing retail products for sale and delivery only via internet, direct mail, or telephone communication, with a floor space for storage of products of less than five thousand square feet. This use does not include a call center or a warehouse or distribution center. If alcoholic beverages are sold, this use typically requires an ABC Type 85 license. (I24) "Retail sales store" means an establishment providing retail products. This use includes all retail sales establishments that are not more specifically defined in this chapter. (I23) "Rooming house." See Boarding house or rooming house. (3) (H3) "School, charter, trade, vocational, business, or professional" means a facility that is operated either with public funds under a charter contract or with private funds, and that offers specific educational instruction to children and/or adults. This use includes charter schools, secretarial schools, beauty and cosmetology schools, modeling schools, language schools, computer or electronics training schools, arts schools, and automotive repair schools, and similar specialized schools. (C13)
Created: 2024-06-28 16:22:22 [EST]
(Supp. No. 19, Update 1)

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"School, private (kindergarten to 12th grade)" means a facility owned and/or operated by a private entity that educates minors in courses of study required by the California Education Code. This use includes a kindergarten, elementary school, middle school, high school, special institution of education, or combination of these, and includes a technical, vocational, or art school only when the students are primarily minors. This use does not include home schooling at a residence. (72) (C11) "School, public (kindergarten to 12th grade)" means a facility owned and/or operated by a publicly funded school district that educates minors in courses of study required by the California Education Code. This use includes a kindergarten, elementary school, middle school, high school, special institution of education, or combination of these, and includes a technical, vocational, or art school only when the students are primarily minors. This use does not include a charter school. (73) (C12) "Scrap metal processing." See Junk yard, wrecking yard, or salvage yard. (K5) "Secondhand or thrift store" means an establishment that accepts donations of secondhand items and clothing, and is typically operated for charitable purposes. (I25) "Self-storage facility." See self-storage facility (71) (K6) "Service station." See Fuel sales, retail, and motor vehicle repair or service, minor. (I15) (J19) "Shooting range, indoor" means an establishment that is used for archery or firearms practice in a fullyenclosed facility. (J28) "Shooting range, outdoor" means an establishment that is used for archery or firearms practice, either wholly or partially outdoors. (J29)
"Sign manufacturing and production." See Industrial or manufacturing facility, light. (D7) "Single-family dwelling, attached" means a building with two residential dwelling units located on portions of two lots with a building firewall along the lot line, such that the dwelling units may be sold separately. (17) (H16) "Single-family dwelling, detached" means a building with one residential dwelling unit located on one lot. (18) (H17)
"Single-room occupancy (SRO)" means a residential facility of two or more separate individual rooms with typically less than five hundred square feet of floor space, with or without separate kitchen or bathroom facilities for each room, rented on a weekly or monthly basis. Single-room occupancy does not include Hotel or motel. (19) (H18)
"Small family daycare." See Daycare, small family. (64) "Social service office, assistance center, or guidance center" means a facility that provides counseling, guidance, recuperative, or similar services for persons requiring rehabilitation assistance as a result of economic hardship, mental disability, alcoholism, detention, drug addiction, or similar conditions. This use does not include facilities that provide overnight stay. (F10)
"Specialty construction or trade service" means an establishment that provides construction, installation or maintenance services activities that are typically specialized trade activities, and where some of the service may be provided off-site. This use includes establishments that provide services such as plumbing, electrical work, painting, irrigation, heating/air conditioning, and masonry. This use does not include repair shop or motor vehicle repair or service. (J30)
"Storm drainage basin, with or without a park" means a facility that collects storm water from off-site locations into a sunken basin. The facility may be inaccessible to the public, or may be designed to provide partial public access for recreational use. (74) (F11)
Created: 2024-06-28 16:22:22 [EST]
(Supp. No. 19, Update 1)

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"Studio for martial arts, music, dance, yoga, exercise, gymnastics or similar" means a facility that provides group or individualized instruction in a specific activity typically related to the arts. This use does not include health or fitness facility. (C14)
"Supportive housing" is defined in Section 50675.14 of the Health and Safety Code and has no limit on the length of stay, is linked to onsite or offsite services, and is occupied by a target population as defined in Health and Safety Code Section 53260 (i.e., low income persons with mental disabilities, AIDS, substance abuse or chronic health conditions or persons whose disabilities originated before the person turned eighteen). Services typically include assistance designed to meet the needs of the target population in retaining housing, living and working in the community, and/or improving health and may include case management, mental health treatment, and life skills. (20) (H19)
"Swap meet or flea market" means a facility that provides typically compartmentalized space, either indoors or outdoors, to vendors who sell or barter merchandise. This use does not include 'farmers market,' 'auction or sales house,' or 'auction or sales yard.' (I26)
"Tailoring or clothing alterations" means an establishment that provides custom making or altering of clothing when not an ancillary use in a clothing store. (J31) "Tattooing or body art" means an establishment that provides tattooing, body piercing, and other forms of body art allowed by the California Health and Safety Code, except that body art involving ear piercing and permanent cosmetic application are not included and are considered ancillary uses in other establishments. (J32) "Temporary materials or equipment storage yard" means a facility that is used to store, park, house, or prepare equipment, dirt, materials, or temporary offices or shops to support a construction or demolition activity occurring on another site. (A16)
"Temporary sales office" means a facility that provides temporary office space to support the sale of residences or other structures and can include related parking. (A17) "Theater, live or movie" means a facility with an auditorium for viewing movies, plays, acts, or other performances. (C15)
"Tobacco, smoke, or vape shop" means an establishment that provides tobacco or vape products or tobacco or vape related paraphernalia in an area greater than forty percent of its total available retail floor space. (I27) "Trade school." See School, charter, trade, vocational, art, business, or professional. (C13) "Transit station." See Bus, transit, or train station. (K2) "Travel center." See Truck stop or travel center. (K8)
"Transitional housing" means buildings configured as rental housing developments but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months from the beginning of the assistance. (21) (H20)
"Truck stop or travel center" means an establishment or group of establishments designed to operate together that provide fuel, overnight parking, lodging, food, convenience goods, or other services primarily to truckers and travelers. (K8)
"Trucking or transportation terminal" means a facility designed specifically for large trucks or other vehicles to load, unload, or transfer freight, cargo containers, or other items being shipped, along with associated fueling areas, maintenance facilities, and offices. (K9)
"Urgent care center or other walk-in clinic" means a facility that provides medical treatment of injuries or illnesses that do not require treatment typically provided in an emergency room, typically without an appointment. This use includes urgent care centers, free clinics, hospital-based health clinics, and community Created: 2024-06-28 16:22:22 [EST]
(Supp. No. 19, Update 1)

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health clinics, but does not include ancillary retail clinics located within a retail store, food market, or pharmacy. (E9)
"Vehicle impound yard" means a facility that provides temporary storage of vehicles that have been removed or impounded from public or private property at the direction of a peace officer or because of local ordinance or judicial order. (K10)
"Vehicle sales, new and used" means an open area that can include buildings, other than a street, used for the display, sale, or rental of new and used vehicles along with incidental repairs and servicing of vehicles.(I4) "Vehicle sales, used only" means an open area or building, other than a street, used for the display, sale or rental of used vehicles and where no repair work is done except minor incidental repairs and servicing of vehicles to be displayed, sold or rented on the premises. (I5)
"Vehicle wrecking yard." See Junk yard, wrecking yard, or salvage facility. (K5) "Vending machines" means a device that dispenses a product or service upon activation by the receiver of that product or service. Products can include items such as ice; food and beverages, movies and video games, lottery tickets, newspapers, or similar items, but does not include fueling pumps. (A18) "Veterinary clinic or office" means a facility where animals are examined, diagnosed, or treated, but typically not kept overnight. (J33)
"Veterinary hospital" means a facility where animals are kept for observation, diagnosis, treatment, or medical care, and can include overnight surveillance. (J34) "Vocational school." See School, charter, trade, vocational, art, business, or professional. (C13) "Warehouse or distribution center" means a facility for storage of goods or materials that will eventually be redistributed to retailers, wholesalers, or directly to consumers. This use does not include Mini-warehouse or selfstorage facility. (K11) "Winery." See Brewery or winery. (D4)
"Wireless communication facility" means an unstaffed facility that transmits and receives wireless telecommunications, and typically consists of an antenna array, connection cables, and equipment room, and an antenna support structure tower, or pole. (F12)
(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020; Ord. No. 519-24, § 5(Exh. A), 2-13-2024)

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18.60.030 Accessory dwelling units.

A. Purpose and Applicability. The purpose of this section is to establish the regulations and procedures for accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in conformance with Government Code Section 66310-66342 (Accessory Dwelling Units). The standards included in this section are applicable to all lots that are zoned to allow residential uses.

B. Application Process.

1. Permit required. A Building Permit is required for ADUs.

2. Submittal requirements. The complete Building Permit application shall be submitted to the building division on an application prepared by the Building Official and shall include the submittal requirements. Fees for an ADU shall be established by the City Council and shall be, but not be limited to, building plan check fees, building permit fees, and state mandated fees related to the issuance of building permits.

3. Review and approval. A Building Permit for an ADU shall be considered and approved ministerially without discretionary review or hearing, notwithstanding Sections 65901 or 65906 of the Government Code or any local ordinance regulating the issuance of variance or special use permits.

4. Processing time. The City shall approve or deny an application to create an ADU within sixty days from the date the City receives a complete application.
a. Exceptions.
i. If the permit to create an ADU is concurrently submitted with a permit to create a single-family dwelling, the City shall not approve or deny the permit for the ADU until the City approves or denies the permit for the single-family dwelling. ii. If the applicant requests a delay, then the sixty-day timeframe shall be tolled for the period of the delay.

5. Remediation. Should the permit application to create an ADU be denied, the City shall, within sixty days, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied.

C. Types and Number of ADUs Permitted Per Lot.

1. Lots with a single-family dwelling. The following number and types of ADUs shall be allowed per lot that is zoned to allow single-family residential uses and contains an existing or proposed single-family dwelling.
a. One (1) ADU that is attached to an existing or proposed primary dwelling. Attached ADUs may be new construction or internal conversion of an existing area or structure, including attached garages, storage areas, accessory structures, or similar uses. b. One (1) ADU that is detached from but on the same lot as an existing or proposed primary dwelling. Detached ADUs may be new construction or internal conversion of an existing area or structure, including detached garages, storage areas, accessory structures, or similar uses. c. One (1) Junior ADU that is contained entirely within the walls of an existing or proposed singlefamily residence, including attached garages, is no more than 500 square feet in size, that may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

2. Lots with a multi-family dwelling(s). The following number and types of ADUs shall be allowed per lot that is zoned to allow multi-family residential uses and contains an existing or proposed multi-family dwelling.

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a. Internal Conversion ADUs.
i. At least one (1) interior ADU conversion within portions of an existing multi-family dwelling that are not used as livable space including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, and up to twenty-five percent of the total number of dwelling units on lots with an existing multi-family dwelling.
b. Detached ADUs.
i. On a lot with an existing multi-family dwelling, up to eight detached ADUs, not to exceed the number of existing units on the lot.
ii. On a lot with a proposed multi-family dwelling, not more than two detached ADUs.

D. Development and design standards.

1. Attached ADUs.
a. Size. The maximum floor area of an attached ADU shall not exceed fifty percent of the floor area of the existing primary dwelling or 1,200 square feet, whichever is less. b. Height. The maximum height of an attached ADU shall not exceed the height of the existing single-family or multi-family dwelling, or twenty-five feet, whichever is less. c. Setbacks. Attached ADUs shall meet the following minimum setbacks. i. Front yard: as established in the applicable zone district. ii. Side yard: four feet.
iii. Rear yard: four feet.
d. Access. For an attached ADU, a separate exterior entrance independent of the primary dwelling shall be provided.

2. Detached ADUs.
a. Size. The maximum floor area of a detached ADU shall not exceed 1,200 square feet except for new construction, detached ADUs on multifamily properties developed pursuant to Government Code section 66323, subdivision (a)(4).
b. Height. The maximum height of a detached ADU is as follows. i. Sixteen feet if the lot has an existing or proposed single-story dwelling. ii. Eighteen feet if the lot is within one-half mile walking distance of a major transit stop or high-quality transit corridor, as defined in Section 21155 of the Public Resources Code. The maximum height may be increased by an additional two feet, to twenty feet maximum, for the purpose of accommodating roof pitch with the primary dwelling.
iii. Eighteen feet if the lot has an existing or proposed multi-family, multi-story dwelling. c. Setbacks. Detached ADUs shall meet the following minimum setbacks. i. Front yard: as established in the applicable zone district, provided the setbacks do not preclude the construction of an up to eight hundred square foot ADU that meets the provisions of Section 66323 of the Government Code. ii. Side yard: four feet.
iii. Rear yard: four feet.

3. Internal Conversion ADUs.

Page 3 of 5 ends

a. Size. Same as the size of the space being converted. The size may be increased by an additional 150 square feet to accommodating entering and exiting the ADU. b. Height. Same as the height of the space being converted. c. Setbacks. If the ADU is constructed in the same location and to the same dimensions as the existing structure, then the ADU shall maintain the same setbacks as the existing structure or minimum setbacks of four feet from the side and rear yards, whichever is less. d. Access. For internal conversion ADUs on single-family lots, exterior access from the proposed or existing dwelling shall be provided.

4. Junior ADUs.
a. Size. No more than 500 square feet, contained entirely within the walls of the proposed or existing single-family residence including attached garages. b. Access.
i. The Junior ADU shall provide separate entrance from the main entrance to the proposed or existing single-family dwelling.
ii. If a permitted Junior ADU does not include a separate bathroom, the permitted Junior ADU shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.
c. Owner Occupancy.
i. Owner-occupancy in the single-family residence in which the Junior ADU will be permitted is required. The owner may reside in either the remaining portion of the structure or the newly created Junior ADU.
ii. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.
d. Deed Restriction.
i. The recordation of a deed restriction, which shall run with the land, shall be filed with the permitted agency and shall include both of the following:

1. A prohibition on the sale of the Junior ADU separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.

2. A restriction on the size and attributes of the Junior ADU that conforms with this chapter.
e. Efficiency Kitchen. The Junior ADU shall include an efficiency kitchen which shall include all the following:
i. A cooking facility with appliances.
ii. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the Junior ADU.

E. Other requirements.
a. Architectural Appearance. ADUs shall have the same exterior color, finish materials, and roof form as the primary dwelling. These standards are not applicable to ADUs that meets the provisions of Section 66323 of the Government Code.
b. Rental Terms. Rentals must be for terms longer than 30 days.

Page 4 of 5 ends

c. Separate Conveyance. ADUs may not be sold or otherwise conveyed separate from the primary residence, except when sold by a qualified nonprofit corporation to a qualified buyer in accordance with California Government Code Sections 66340-66342.
d. Parking standards.
i. Minimum required space. Each ADU shall provide a minimum of one parking space per unit or bedroom, whichever is less, except in any instance where parking for the ADU is not required by State Law (See Exceptions). The required parking space(s) may be provided as tandem parking on an existing driveway and in setback areas. ii. Parking replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with an ADU, there shall be no requirement to replace the off-street parking spaces.
iii. Exceptions. No parking shall be required for ADUs in any of the following instances.

1. Where the ADU is located within one-half mile walking distance of public transit.

2. Where the ADU is located with an architecturally and historically significant historic district.

3. Where the ADU is part of the proposed or existing primary residence or an accessory structure.

4. When on-street parking permits are required but not offered to the occupant of the ADU.

5. When there is a car share vehicle located within one block of the ADU.

6. When a permit application for an ADU is submitted with a permit application to create a new single-family dwelling or a new multi-family dwelling on the same lot, provided that the ADU or the parcel satisfies any other exception criteria listed above.

7. When the ADU meets the provisions of Section 66323 of the Government Code. e. Utility services. ADUs shall be provided with water, sewer and other utilities as determined by the building official.
f. Fire Sprinklers.
i. Installation of fire sprinklers shall be required for ADUs only when sprinklers are required by building codes for the existing primary residence.
ii. The construction of an ADU shall not trigger a requirement for fire sprinklers for the primary residence.
iii. If a primary dwelling currently does not have fire sprinklers, and an attached ADU is proposed which would trigger fire sprinkler requirements due to the increase in livable space, that requirement shall not be imposed upon the primary dwelling unit. g. Fees.
i. Connection Fees and Capacity Charges. ADUs shall not be considered as a new residential use for the purpose of calculating connection fees or capacity charges for utilities, including water and sewer services, unless the ADU is constructed concurrently with a new single-family home.
ii. Impact Fees.

1. Impact fees shall not be imposed on an ADU that is less than 750 square feet.

Page 5 of 5 ends

2. For ADUs 750 square feet or larger, impact fees charged shall be proportionate in relation to the square footage of the primary dwelling.

Page 1 of 2 ends

18.60.220 Agricultural Employee Housing
A. Purpose. The purpose of this section is to establish a streamlined, ministerial approval process for employee housing in a manner that is consistent with the requirements and allowances of state law, specifically Health and Safety Code Section 17021.8 (Employee Housing Act).

B. Applicability. To be eligible for streamlined approval under this section, an agricultural employee housing development must meet all the following requirements:

1. The development is located on land designated as agricultural in the City of Chowchilla General Plan.

2. The development is not located on a site that is any of the following. a. Within the coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code.
b. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
c. Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178 of the Government Code, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. d. A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Article 5 (commencing with Section 78760) of Chapter 4 of Part 2 of Division 45, unless the Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
e. Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901)), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code.

Page 2 of 2 ends

f. Within a flood plain as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has been issued a flood plain development permit pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations. g. Within a floodway as determined by maps promulgated by the Federal Emergency Management Agency.
h. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.
i. Lands under conservation easement. For purposes of this section, “conservation easement” shall not include a contract executed pursuant to the Williamson Act (Chapter 7 (commencing with Section 51200) of Division 1 of Title 5 of the Government Code).
j. Lands with groundwater levels within five feet of the soil surface and for which the development would be served by an onsite wastewater disposal system serving more than six family housing units.

3. The development has adequate water and wastewater facilities and dry utilities to serve the project.

4. The development is located:
a. Within one-half mile of a duly designated collector road with an Average Daily Trips (ADT) of 6,000 or greater; or
b. Adjacent to a duly designated collector road with an ADT of 2,000 or greater.

5. The development provides one parking space per unit, or as based upon demonstrated need; provided, that these standards do not require more parking than other residential uses of similar size within the jurisdiction.

6. The development is an eligible agricultural employee housing development as defined in Health and Safety Code Section 17021.8.

18.60.240 Supportive Housing
A. Supportive housing shall be a use by right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, and in zones where emergency shelters are permitted, if the proposed housing development satisfies all of the following requirements, pursuant to Section 65651 of the Government Code. a. Units within the development are subject to a recorded affordability restriction for 55 years.
b. One hundred percent of the units, excluding managers’ units, within the development are restricted to lower income households and are or will be receiving public funding to ensure affordability of the housing to lower income Californians.

For purposes of this paragraph, “lower income households” has the same meaning as defined in Section 50079.5 of the Health and Safety Code. c. At least 25 percent of the units in the development or 12 units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than 12 units, then 100 percent of the units, excluding managers’ units, in the development shall be restricted to residents in supportive housing.
d. The developer provides the planning agency with the information required by Section 65652 of the Government Code.
e. Nonresidential floor area shall be used for onsite supportive services in the following amounts:
i. For a development with 20 or fewer total units, at least 90 square feet shall be provided for onsite supportive services.
ii. For a development with more than 20 units, at least 3 percent of the total nonresidential floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens. f. The developer replaces any dwelling units on the site of the supportive housing development in the manner provided in paragraph (3) of subdivision (c) of Section 65915 of the Government Code.
g. Units within the development, excluding managers’ units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.

B. Supportive housing shall be subject to comply with written, objective development standards and policies that apply to other multifamily development within the same zone.

COUNCIL RESOLUTION # XX-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA APPROVING GENERAL PLAN AMENDMENT APPLICATION NO. 25-0094, AMENDING THE GENERAL PLAN TEXT TO BRING INTO COMPLIANCE WITH THE CITY’S ADOPTED HOUSING ELEMENT (2024-2032 6th CYCLE

HOUSING ELEMENT) AND STATE LAW TO IMPLEMENT THREE HOUSING ELEMENT PROGRAMS (PROGRAM 2.B, 3.J, and 3.T)
WHEREAS, State of California Housing Element law was enacted in 1969 and requires jurisdiction to prepare and adopt a Housing Element as part of its respective General Plan; and, WHEREAS, the purpose of the Housing Element is to identify the community’s housing needs, to state the community’s goals and objectives with regard to housing production, rehabilitation, and conservation to meet those needs, and to define the policies and programs that the community will implement to achieve the stated goals and objectives; and,
WHEREAS, the Housing Element is one of nine state mandated elements that every general plan must contain; and,
WHEREAS, the 6th Cycle Housing Element Update was adopted by the City on September 10, 2024, and was subsequently sent to the Department of Housing and Community Development for review and upon completion of review, it was determined that the document substantially complies with State Housing Element Law and was therefore certified on October 2, 2024; and, WHEREAS, the General Plan Amendment coming before the City Council for consideration would amend the General Plan Text to bring the General Plan into compliance with the City’s adopted and certified Housing Element and State Law, which would effectively implement three 6th Cycle Housing Element Programs including Housing Element Program 2.b. (Density Increase), Program 3.j (General Plan Land Use Designations and Zoning District Consistency), and Program 3.t (Water and Sewer Priority); and, WHEREAS, the City as the Lead Agency, reviewed the Project pursuant to CEQA Guidelines and it was determined that this Project qualifies as being statutorily exempt per Section 15061 (b)(3) of Title 14 of the California Code of Regulations (the CEQA Guidelines) - Common Sense Rule.

WHEREAS, the Planning Commission carefully considered the staff report, recommendations, and all oral and written evidence during the public hearing and voted to recommend that the City Council approval General Plan Amendment Application No. 25-0094; and
WHEREAS, the City Council was able to make all the findings required to be made as identified in the City’s Municipal Code Section 18.88.040 in order to grant a general plan amendment; and NOW THEREFORE BE IT RESOLVED, the City Council of the City of Chowchilla hereby finds, determines, and declares the following:

1. The above recitals are true and correct;

2. That the City Council of the City of Chowchilla hereby finds and determines that there is no substantial evidence in the record to indicate that the General Plan Amendment Application No. 25-0094 would have a significant effect on the environment as identified by, and evaluated with a Notice of Exemption;

3. That the City Council of the City of Chowchilla hereby finds and determines that all required findings for granting a general plan amendment can be made;

4. That the City Council of the City of Chowchilla approves General Plan Amendment Application No. 25- 0094, implementing three 6th Cycle Housing Element Programs including Housing Element Program 2.b. (Density Increase), Program 3.j (General Plan Land Use Designations and Zoning District Consistency), and Program 3.t (Water and Sewer Priority).

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 24th day of June, 2025 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor Kelly Smith
ATTEST:

Joann McClendon, CMC
City Clerk
Exhibit ‘A’: General Plan Amendment Application No. 25-0094 Table LU - 3 2040 General Plan Land Use Designations
2040 General Plan Planning Area and Sphere of Influence Land Use
City Limits 2040 Planning
Area
Boundary
Existing
City Plus
2040 growth
Urban
Reserve/Balance
SOI
Total Developed Undeveloped Total
Residential
Low Density Residential (LDR) 0 0 0 0 0 339
Medium Density Residential
(MDR)
987 175 1,162 3,620 4,782 2,056 4,782
Medium High Density Residential
(MHDR)
260 49 309 891 1,200 228 1,200
High Density Residential (HDR) 77 12 89 763 852 62 852
Subtotal 1,324 236 1,560 5,274 6,834 2,346 7,173
Commercial
Mixed Use (MU)2 0 0 0 412 412 110 412
Downtown Commercial (DC) 31 2 33 0 33 0 33
Neighborhood Commercial (NC) 7 7 14 63 77 51 77
Medical Arts (MA) 10 1 11 0 11 0 11
Service Commercial (SC) 70 146 216 223 439 56 439
Highway Service CommercialHighway (SC-H)12 92 104 530 634 0 634 Subtotal 130 248 378 1,228 1,606 217 1,606
Industrial
Light Industrial (LI) 142 129 271 887 1,158 0 1,158
Heavy Industrial (HI) 234 127 361 1,140 1,501 0 1,501
Subtotal 376 256 632 2,027 2,659 2,659
Park & Open Space
Park (P) 37 49 86 225 311 0 311
Open Space (OS) 17 435 452 521 973 27 1,000
Subtotal 54 484 538 746 1,284 27 1,311
Public Facilities
Elementary School (ES) 49 0 49 123 172 0 172
Middle School (MS) 0 0 0 60 60 0 60
High School (HS) 50 0 50 75 125 0 125
Public Facility (PF) 181 197 378 210 588 155 743
Major Roads 250 56 306 366 672 661 1,333
Subtotal 530 253 783 834 1,617 816 2,433
Agriculture
Agriculture (AG) 0 0 0 0 15,150
Subtotal 0 0 0 0 0 15,150
Total 2,414 1,477 3,891 10,109 14,000 3,406 30,332
Notes:
1Excludes developed and undeveloped lands within the Chowchilla City Limits. 2Mixed Use designation allows residential and commercial land uses.

Land Use Element
City of Chowchilla 2040 General Plan Page LU-9
Page LU-14 City of Chowchilla 2040 General Plan
Land Use Element

LAND USE DESIGNATIONS
All land within the General Plan Area is given a land use designation. The General Plan land use designations are identified in Figure LU - 3, City of Chowchilla 2040 General Plan Land Use Map (an enlarged 2040 Chowchilla General Plan Land Use Map can be found in the pocket folder located at end of this document). Each land use designation may allow one or more zoning district to be consistent within a given land use designation. The description for each land use designation listed on is intentionally broad to allow flexibility in project planning.

Residential Designations
The 2040 Chowchilla General Plan Land Use Map includes four specific residential land use designations plus an additional land use designation (Mixed Use) that identify areas appropriate for housing. The four specific residential land use designations and the Mixed Use land use designation range in density and intensity from less than 1 unit to 30 units per gross acre.

The specific residential designations are intended to:
o Identify areas throughout the General Plan Area that is acceptable for housing; o Clarify the overall type of housing to be developed within each category; and o Allow for a mixture of housing types, lot sizes and affordability.

LDR, Low Density Residential: 0.1 – 2.0 dwelling units / gross acre The Low Density Residential (LDR) designation serves as a transition between the urban environment and the surrounding agriculture. This designation allows for parcels of one-half acre or larger in size where residents desire the proximity and amenities of urban life, yet are able to enjoy some of the benefits of a more rural environment.

Property designated Low Density Residential typically consist of a single family home on large “estate-style” or “ranchette” parcel. The minimum parcel size in this designation is 20,000 square feet. Except in extraordinary circumstances, it is not expected that parcels greater than one acre in size would be developed within the City limits. Typical development in this land use designation is one-dwelling unit per gross acre.

MDR, Medium Density Residential: 2.0 – 8.012.0 dwelling units / gross acre The Medium Density Residential (MDR) designation is intended to promote single family residential neighborhoods typically found in an urban setting. Individual lot sizes generally range from 5,000 to 12,000 square feet in size. Densities may range from a minimum of 2 to a maximum of 812 dwelling units / gross acre. The typical single family neighborhood development in this land use designation is five and one-half (5.5)six (6) dwelling units per gross acre. Under a Planned Development Zoning District, smaller lot sizes may be permitted when clustered around an open space amenity, such as a golf course or lake, major park facility, open space areas accessible to the public, or City of Chowchilla 2040 General Plan Page LU-15
Land Use Element
any combination of amenities. Neighborhood amenities such as parks, schools and religious assemblies are encouraged.

MHDR, Medium Density Residential: 6.012.0 – 16.020.0 dwelling units / gross acre The Medium High Density Residential (MHDR) designation encourages a variety of detached and attached single-family and multi-family (i.e., duplex, triplex, fourplex) residential uses. Housing densities in this designation may range from a minimum of 612 to a maximum of 1620 dwelling units / gross acre. Typical development in this land use designation is eight (8)14 units per gross acre. Housing types such as zero lot line, patio / courtyard home or townhome may be permitted on lot sizes ranging from 4,000 to 6,000 square feet as a planned unit development. Newly created lots for duplex, triplex or low density apartment complexes are expected to be approximately 6,000 square feet minimum with the number of units per lot based on 3,000 square feet of area for each dwelling unit. Existing, non-conforming lots may also be developed at 3,000 square feet of lot area for each dwelling unit.

This designation is encouraged for in-fill development in existing neighborhoods.

Development in this designation should be conveniently served by neighborhood commercial and recreational centers and have access to collector or arterial streets.

Neighborhood amenities such as parks, schools and religious assemblies are encouraged in this designation.

HDR, High Density Residential: 10.020.0 – 24.030.0 dwelling units / gross acre The High Density Residential (HDR) designation encourages a variety of multi-family residential uses. Housing types encouraged include patio / courtyard homes, town homes, apartments and condominiums. Densities within this designation range from a minimum of 10 20 to a maximum of 24 30 dwelling units / gross acre. Typical development in this land use designation is 16 24 dwelling units per gross acre.

For new lots created by a parcel map or subdivision process, the minimum lot area shall be 6,000 square feet and the number of units per lot shall be based on 3,000 square feet of area for the first dwelling unit, 1,500 square feet for each second through sixth unit and each additional unit over six units shall require 1,000 square feet of lot area.

Open space, equaling 25 percent of the project total square footage and required offstreet parking facilities is required. Existing non-conforming lots may be developed at the same square footage formula of lot area for each dwelling unit. Development in this designation should be conveniently served by commercial, employment and recreational centers, and have access to collector or arterial streets.

COMMERCIAL DESIGNATIONS
The General Plan includes four specific commercial land use designations plus an additional land use designation (Mixed Use) that identify areas appropriate for commercial development. The four specific commercial land use designations and the Mixed Use land use designation range in density and intensity from a minimum FAR of

0.20 to a maximum of 3.0.

Page LU-20 City of Chowchilla 2040 General Plan
Land Use Element
OS, Open Space: 0.01 – 0.10 FAR
The Open Space (OS) designation set asides land for the conservation and management of natural resources, establishment of recreation corridors, management of land for public health and safety (i.e., flood control, noise attenuation, utility corridor, etc.) and for the establishment of landscape corridors. Land uses appropriate for this designation include, but not limited to, wildlife and ecologically-sensitive habitat, waterways, golf course, pedestrian / bicycle trail corridor, landscape highway and parkway corridors. An additional form under the Open Space designation is Golf Course (GC). Land designated Open Space may be publicly or privately owned and / or maintained. No residential development is permitted on land designated Open Space.

The FAR for non-residential uses shall not exceed 0.10.

Parks
The park designation provides for multiple recreational opportunities. The Park designation has two distinct forms: Neighborhood Park (P) and Community Park (CP).

The actual size and location of existing parks are identified in the 2040 General Plan Land Use Map. Planned and future parks are identified in the 2040 Chowchilla General Plan Land Use Map as a “floating” rectangle block designation representing a conceptual size and general location. The underlying land use would prevail should the location be altered. The exact size and location of the park is to be determined at the master plan / specific plan stage of a development; or at the tentative subdivision map stage, if the development is not within one of the General Plan Growth Areas identified in the General Plan. The exact size and location of the park shall be consistent with park standards set forth in the Open Space and Conservation Element of this General Plan.

Neighborhood parks are strategically located throughout the City for the purpose of serving residential neighborhoods within walking or biking distance. Community parks are larger facilities that service multiple neighborhoods and the whole of the City. While smaller parks (e.g., pocket park, mini-park) are permitted in residential neighborhoods, Downtown District, as well as in areas designated Mixed Use, they do not replace the need or purpose of neighborhood park sites identified in the 2040 Chowchilla General Plan Land Use Map.

PF, Public Facilities: 0.10 – 1.0 FAR
The Public Facilities (PF) designation is applied to the City’s major public and private institutional uses including, but not limited to, community facilities, school facilities, libraries, cemeteries, wastewater treatment facilities, storm drainage basins, water recharge areas, public safety facilities (fire and police), public transportation and public works facilities, Chowchilla Madera Fairgrounds, government buildings, and other similar public uses and facilities on property owned and / or operated by a local, state or federal agency.

The City of Chowchilla 2040 General Plan Land Use Map identifies the specific locations of existing major public facilities. Except for sites that have been acquired, the General Plan Land Use Map only identifies the general location of future public or Table LU – 4 Land Use Density and Intensity
Land Use Designation
Unit Density Floor Area Ratio Population / Gross
Acre Minimum Lot Size
Sq. Ft.

Typical Zone District
min typ max min typ max min typ max
Residential
LDR, Low Density Residential 1.0 1.5 2.0 0.40 3.2 4.8 6.4 8,000 R-LE, Low Density ResidentialResidential Estate (New)
MDR, Medium Density Residential 2.0 5.56.0 812.0 0.50 6.4 17.6

19.2 25.6

38.4 5,000 R-1M, Medium Density
ResidentialSingle Family
Residential PUD, Planned Unit
Development
MHRD Medium High Density Residential 12.06 814.0 1620.0 0.50 16.8

33.6 22.4

39.2 44.8

56.0 3,000 R-MH2, Medium High Density
ResidentialLow Density MultiFamily
TP, Mobile Home Park
PUD, Planned Unit Development
HDR, High Density Residential 10.0

20.0 16.0

24.0 24.0

30.0 0.50 28.0

56.0 44.8

67.2 67.2

84.0 6,000 R-H3, High Density
ResidentialMedium Density MultiFamily TP, Mobile Home Park PUD, Planned Unit Development
MU, Mixed Use 10.0 16.0 30.0 0.25 0.30 0.60 28.0 44.8 84.0 1 acre C-3, General and Service Commercial C-2, Central Business Commercial
l-1, Light IndustrialMX, Mixed Use
PUD, Planned Unit Development
R-2, Low Density Multi-Family
R-3, Medium Density Multi-Family
Commercial
DC, Downtown Commercial 0.25 1.0 3.0 0 MX-D, Downtown Mixed Use DC, Downtown Commercial (New) C-2,
Central Business Commercial
PUD, Planned Unit Development
NC, Neighborhood Commercial 0.20 0.30 0.60 0 C-N1, Light Neighborhood Commercial C-2, Central Business Commercial PUD,
Planned Unit Development
SC, Service Commercial
And SC-H Service Commercial Highway

0.15 0.20 0.60 0 C-S3, General and Service
Commercial C-2, Central Business
Commercial PUD, Planned Unit
Development
SC-H Service Commercial Highway 0.15 0.20 0.60 0 C-H, Highway Commercial MA, Medical Arts 0.25 0.40 0.50 6,000 M-A, Medical Arts PO, Professional Office
R-2, Low Density Multi-Family
R-3, Medium Density Multi-Family PUD,
Planned Unit Development
Industrial
LI, Light Industrial 0.15 0.30 1.50 0 I-L1, Light Industrial C-3, General and Service Commercial
HI, Heavy Industrial 0.10 0.20 1.50 0 I-H2, Heavy Industrial Other
PF, Public Facilities 0.10 1.00 PF, Public Facilities (New) O, Open Space
AG, Agriculture 0 0.05 0.05 0.010 0.050 0 0.16 0.16 5 Acres A, Agriculture (New)N/A Land Use Element
City of Chowchilla 2040 General Plan Page LU-23
OS, Open Space 0.01 0.1
00 OS, Open Space
PF, Public Facilities
P, Neighborhood Park 0 PF, Public Facilities
CP, Community Park0 PF, Public Facilities
GC, Golf Course 0.01 0.100 OS, Open Space
UR, Urban Reserve0 <1 <10.010.010 <1 <1 5 acres UR, Urban Reserve A, Agriculture
(New)N/A
Notes: 1Units per Acre; 2Floor Ratio of Building Area to Individual Lot; City of Chowchilla 2040 General Plan
Public Facilities and Services Element
Municipal Water
Policy PF 4.9
The City shall prioritize providing water service to housing developments which include housing units affordable to lower income households.

Implementation Measure PF 4.9.A
In accordance with Government Code Section 65589.7, the City shall prepare written policies and procedures to provide priority for the provision of water service allocations to proposed developments which include housing units affordable to lower income households.

Wastewater
Policy PF 5.5
The City shall prioritize providing sewer services to housing developments which include housing units affordable to lower income households.

Implementation Measure PF 5.5.A
In accordance with Government Code Section 65589.7, the City shall prepare written policies and procedures to provide priority for the provision of sewer service allocations to proposed developments which include housing units affordable to lower income households.

Policy
In accordance with Section 65589.7 of the California Government Code, or any successor statute, the City of Chowchilla shall grant priority for the provision of water and sewer service allocations to proposed developments which include housing units affordable to lower income households. The City shall not deny or condition the approval of an application for connection to, or reduce the amount of services applied for by, a proposed development that includes housing units affordable to lower income households unless the City makes specific written findings that the denial, condition, or reduction is necessary due to the existence of one or more of the following:

1. The City does not have “sufficient water supply”, as defined in Government Code Section 66473.7(a)(2); is operating under a water shortage emergency, as defined in Water Code Section 350; or does not have sufficient water treatment or distribution capacity to serve the needs of the proposed development, as demonstrated by a written engineering analysis and report.

2. The City is subject to a compliance order issued by the State Department of Health Services that prohibits new water connections.

3. The City does not have sufficient treatment or collection capacity, as demonstrated by a written engineering analysis and report on the condition of the treatment or collection works, to serve the needs of the proposed development.

4. The City is under an order issued by the Central Valley Regional Water Quality Control Board prohibiting new sewer connections.

5. The developer has failed to agree to reasonable terms and conditions relating to the provision of service generally applicable to development projects seeking service from the City, including, but not limited to, the requirements of local, state, or federal laws and regulations or payment of a fee or charge imposed pursuant to Government Code Section 66013.

Statutory Exemptions. State code number:

_______________________________________________
Print Form
Notice of Exemption Appendix E
To: Office of Planning and Research From: (Public Agency): ____________________________ P.O. Box 3044, Room 113 _______________________________________________ Sacramento, CA 95812-3044 County Clerk
(Address)
___________________________
___________________________
County of: __________________
Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific:

Project Location - City: ______________________ Project Location - County:

Description of Nature, Purpose and Beneficiaries of Project:
_____________________
Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Project: ________________________________________________ Exempt Status: (check one):

Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Reasons why project is exempt:

Lead Agency
Contact Person: ____________________________ Area Code/Telephone/Extension: _______________ If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: ____________________________ Date:

Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR:

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________
Categorical Exemption. State type and section number: ____________________________________ ______________________________________________
______________ Title: _______________________
Revised 2011
City of Chowchilla 130 S. Second Street Chowchilla, CA 93610 Madera 200 W. 4th Street Madera, CA 93637 Zone Text Amendment Application No. 25-0094 / General Plan Amendment No. 25-0094 City of Chowchilla Citywide Chowchilla Madera Zone Text Amendment Application No. 25-0094 and General Plan Amendment Application No. 25-0094 would bring the Zoning Ordinance and General Plan into compliance with the Citys adopted and certified Housing Element and State Law, which would effectively implement 19 housing element programs.

City of Chowchilla Jaime Quintana
x 15061(b)(3)
The proposed project should be considered exempt as a “common sense” exemption under State CEQA Guidelines Section 15061(b)(3) because the project involves policies, programs, and actions to meet the City’s RHNA allocation that would not have the potential to cause a significant physical effect on the environment. The proposed implementation programs of the Housing Element do include changes to the zoning code and general plan to bring it into conformance with state law and to promote more housing units in the city, but nothing in the proposed changes would alter the existing development potential of the City as expressed in the General Plan. Jaime Quintana 559-665-8615 ■

NOTICE OF A PUBLIC HEARING
GPA/ZTA #25-0094 Implementation of Housing Element Programs & Notice of Exemption Citywide, Chowchilla, CA 93610
Notice is hereby given that the Planning Commission and the City Council of the City of Chowchilla, California, will hold public hearings to consider General Plan Amendment 25-0094 and Zone Text Amendment 25-0094 to implement the following 19 Housing Element programs of the 6th Cycle Housing Element which include amendments to the zoning ordinance and amendments to the General Plan: 1.g. (Employee Housing Act), 2.b. (Density Increase), 2.f. (Small Residential Care Facilities), 2.g. (Large Residential Care Facilities), 2.h. (Transitional and Supportive Housing), 2.i. (Manufactured Home), 2.j. (Emergency Housing / Low Barrier Navigation Centers), 2.k. (Guest House), 2.m. (Boarding Houses), 2.n. (Reasonable Accommodations Procedure), 3.j. (General Plan Land Use Designations and Zoning District Consistency), 3.k. (Density Bonus Ordinance), 3.l. (ADU Ordinance Updates, Tracking, and Incentives), 3.n. (Allow Duplexes By-right), 3.p. (Removal of Subjective Judgment from Entitlement Review), 3.q. (Multi-family in Commercial Zones), 3.s. (SB 9 Ordinance), 3.t. (Water and Sewer Priority), and the accompanying Notice of Exemption. This is a city-initiated text amendment and will be accompanied by a Notice of Exemption in compliance with CEQA Guidelines.

Planning Commission: Wednesday, May 21, 2025 at 5:00 P.M. or as soon thereafter as possible, in the Chowchilla Council Chambers, 130 South Second Street at Civic Center Plaza.

City Council: Tuesday, May 27, 2025 at 4:00 P.M. or as soon thereafter as possible, in the Chowchilla Council Chambers, 130 South Second Street at Civic Center Plaza.

All interested persons are invited to appear at the time and place specified above to give verbal testimony regarding the proposed actions listed above. This meeting will be open to the public and available to watch and participate remotely through Zoom. Written comments may be forwarded to the City of Chowchilla, Community Development Department, 130 South Second Street, Chowchilla, CA 93610, and to the attention of the Planning Department, Director of Community and Economic Development. If you challenge the above matter in court, you may be limited to raising only those issues which you or someone else raised at the Public Hearing, or in written correspondence delivered to the approval body at, or prior to, the Public Hearing.

Jaime Quintana
Community & Economic Development Department
(559) 665-8615 ext. 400 | [email protected] No. 8147 - March 29, 2025

REPORT TO THE CITY COUNCIL
Item 5.3

CLICK HERE

TO RETURN TO

THE AGENDA
Meeting of: June 24, 2025
AGENDA SECTION: Deferred Business
SUBJECT: Development Impact Fees / Reduction Review
PREPARED BY: Jaime Quintana, Director of Community and Economic Development ATTACHMENTS: Request for Direction Regarding Continuation of Development Impact Fee Reductions or Amendment of Development Agreements with Current Fee Schedule

REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:

That the City Council provides direction on whether to:
- Continue the current temporary reduction in Development Impact Fees (DIFs), or - Instruct staff to amend existing Development Agreements to reflect the updated, full Development Impact Fee schedule per our current Master Fee Schedule.

BACKGROUND:

In 2022, the City Council approved a new Master Fee Scheduled with subsequent revisions in the following years (2023 & 2024) and maintained a temporary reduction in Development Impact Fees as a means to encourage residential and commercial development in the City of Chowchilla during a time of economic uncertainty and to remain regionally competitive. This reduction was offered as a short-term incentive and incorporated into development agreements for projects under consideration.

Since that time, several developers have benefited from the reduced fees, and some development agreements were drafted under the assumption that the reductions would remain in place until final project approval, issuance of building permits, or term dates of cession. However, the temporary nature of the reductions now requires Council direction: whether to maintain the incentive or revert to the full, adopted fee schedule.

To date there have been 89 permits issued with fees of $747,206.00, which have been incentivized by the fee reduction.

REASON FOR RECOMMENDATION:

Staff seeks clarity and uniformity in applying Development Impact Fees moving forward. Without Council direction, there is a risk of inconsistent treatment of developers and ambiguity in project cost expectations.

Continuing the reduction could further stimulate development, particularly as regional competition for new housing and commercial growth intensifies. Conversely, restoring the full DIF schedule would ensure longterm funding sustainability for critical infrastructure and public facilities.

FISCAL IMPACT:

Continuing the fee reductions will result in reduced revenue collected per unit or per square foot of new development, which could affect funding availability for planned capital improvement projects, including transportation, parks, water, and sewer infrastructure. However, increased project volume due to incentivized development may partially offset the shortfall.

Restoring full DIFs would increase revenue consistency for the Capital Improvement Program (CIP) but may slow project applications or push developers to neighboring jurisdictions with lower fees.

ALTERNATIVES:

1. Maintain the status quo – Allow the existing temporary fee reduction to continue on a case-bycase basis, without formal Council action.

2. End the reduction immediately – Require all future projects to pay the full Development Impact Fee schedule.

3. Phase out the reduction – Implement a timeline that gradually restores full DIFs over a defined period.

4. Apply reductions selectively – Tie fee reductions to project type (e.g., affordable housing, infill development) or location (e.g., priority growth areas).

ACTIONS FOLLOWING APPROVAL:
- If Council directs continuation of the reduction: staff will draft and return with a formal resolution extending the reduced DIF policy.
- If Council directs reinstatement of full fees: staff will notify developers and amend existing Development Agreements as necessary to reflect the updated DIFs. - Staff will update internal and public-facing materials, including DIF schedules and application packets, to reflect Council’s direction.

SUPPLEMENTARY INFORMATION:
- Chowchilla Impact Fee Study Final Report, dated 05/11/2022 - Master Fee Schedule-Item 4.1.1 & 4.1.2 (23-24)
- Development Agreement, Lone Oak (Sessions) (Orchard View), Recorded 01/17/2024 - Request for Amendment of Development Agreement to Extend Effective Date of Reduced Development Impact Fees
City of Chowchilla Page 14-4
Development Impact Fee Study
May 11, 2022
In cases where the fees are not collected upon issuance of building permits, Sections 66007 (c) (1) and (2) provide that the City may require the property owner to execute a contract to pay the fee, and to record that contract as a lien against the property until the fees are paid.

Earmarking and Expenditure of Fee Revenue. Section 66006 (a) mandates that fees be deposited “with other fees for the improvement in a separate capital facilities account or fund in a manner to avoid any commingling of the fees with other revenues and funds of the local agency, except for temporary investments, and expend those fees solely for the purpose for which the fee was collected.” Section 66006 (a) also requires that interest earned on the fee revenues be placed in the capital account and used for the same purpose.

The language of the law is not clear as to whether depositing fees "with other fees for the improvement" refers to a specific capital improvement or a class of improvements (e.g., street improvements).

We are not aware of any municipality that has interpreted that language to mean that funds must be segregated by individual projects. And, as a practical matter, that approach would be unworkable because it would mean that no pay-as-you-go project could be constructed until all benefiting development had paid the fees. Common practice is to maintain separate funds or accounts for impact fee revenues by facility category (i.e., streets, park improvements), but not for individual projects.

Impact Fee Exemptions, Reductions, and Waivers. In the event that a development project is found to have no impact on facilities for which impact fees are charged, such project must be exempted from the fees.

If a project has characteristics that will make its impacts on a particular public facility or infrastructure system significantly and permanently smaller than the average impact used to calculate impact fees in this study, the fees should be reduced accordingly. Per Section 66001 (b), there must be a reasonable relationship between the amount of the fee and the cost of the public facility attributable to the development on which the fee is imposed. The fee reduction is required if the fee is not proportional to the impact of the development on relevant public facilities.

In some cases, the agency may desire to voluntarily waive or reduce impact fees that would otherwise apply to a project as a way of promoting goals such as affordable housing or economic development. Such a waiver or reduction is within the discretion of the governing body but may not result in increased costs to other development projects. So, the effect of such policies is that the lost revenue must be made up from sources other than impact fees.

Credit for Improvements Provided by Developers. If the City requires a developer, as a condition of project approval, to dedicate land or construct facilities or improvements for which impact fees are charged, the City should ensure that the impact fees are adjusted so that the overall contribution by the developer does not exceed the impact created by the development.

City of Chowchilla Page 14-5
Development Impact Fee Study
May 11, 2022
In the event that a developer voluntarily offers to dedicate land, or construct facilities or improvements in lieu of paying impact fees, the City may accept or reject such offers, and may negotiate the terms under which such an offer would be accepted. Excess contributions by a developer may be offset by reimbursement agreements.

Credit for Existing Development. If a project involves replacement, redevelopment or intensification of previously existing development, impact fees should be applied only to the portion of the project that represents a net increase in demand for relevant City facilities, applying the measure of demand used in this study to calculate that impact fee.

Annual Report. Section 66006 (b) (1) requires that once each year, within 180 days of the close of the fiscal year, the local agency must make available to the public the following information for each separate account established to receive impact fee revenues:

1. A brief description of the type of fee in the account or fund;

2. The amount of the fee;

3. The beginning and ending balance of the account or fund;

4. The amount of the fees collected and interest earned;

5. Identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the percentage of the cost of the public improvement that was funded with fees;

6. Identification of the approximate date by which the construction of a public improvement will commence, if the City determines sufficient funds have been collected to complete financing of an incomplete public improvement;

7. A description of each inter-fund transfer or loan made from the account or fund, including interest rates, repayment dates, and a description of the improvement on which the transfer or loan will be expended;

8. The amount of any refunds or allocations made pursuant to Section 66001, paragraphs (e) and (f).

The annual report must be reviewed by the City Council at its next regularly scheduled public meeting, but not less than 15 days after the statements are made public, per Section 66006 (b) (2).

Refunds under the Mitigation Fee Act. Prior to 1996, The Mitigation Fee Act required that a local agency collecting impact fees was required to expend or commit impact fee revenue within five years or make findings to justify a continued need for the money. Otherwise, those funds had to be refunded. SB 1693, adopted in 1996 as an amendment to the Mitigation Fee Act, changed that requirement in material ways.

Now, Section 66001 (d) requires that, for the fifth fiscal year following the first deposit of any impact fee revenue into an account or fund as required by Section 66006 (b), and every five years Page | 21

DEVELOPMENT IMPACT FEES
Fee Type Description Costs
All DEVELOPMENT • Tax Agreement Fee for Greenhills and
Pheasant Run
$376.29
*Inquire within the Community and Economic Development Department for current Incentives Single – Family Residential
Fee Type Costs
Park Facilities $3,841
Fire Facilities $1,023
Police Facilities $1,061
Street Facilities $3,136
Traffic Signal Facilities $406
Public Buildings $2,196
Community and Recreation Facilities $569
Water Facilities $2,511
Sewer Facilities $2,293
Total Single-Family Residential Impact Fees: $17,036
* Impact Fee is per Single-Family Dwelling Unit.

Page | 22
Multi-Family Residential
Fee Type Costs
Park Facilities $2,880
Fire Facilities $823
Police Facilities $836
Street Facilities $1,774
Traffic Signal Facilities $230
Public Buildings $1,647
Community and Recreation Facilities $427
Water Facilities $1,414
Sewer Facilities $1,557
Total Single-Family Residential Impact Fees: $11,588
* Impact Fee is per Multi-Family Dwelling Unit.

Retail/Service Commercial
Fee Type Costs
Park Facilities $0
Fire Facilities $2,159
Police Facilities $6,251
Street Facilities $12,069
Traffic Signal Facilities $1,564
Public Buildings $854
Community and Recreation Facilities $0
Water Facilities $1,116
Sewer Facilities $827
Total Single-Family Residential Impact Fees: $24,840
* Impact Fee is per 1,000 gross area square feet.

Page | 23
Professional Office
Fee Type Costs
Park Facilities $0
Fire Facilities $663
Police Facilities $1,436
Street Facilities $3,643
Traffic Signal Facilities $472
Public Buildings $686
Community and Recreation Facilities $0
Water Facilities $930
Sewer Facilities $551
Total Single-Family Residential Impact Fees: $8,381
* Impact Fee are per 1,000 gross area square feet.

Skilled Nursing Facility
Fee Type Costs
Park Facilities $0
Fire Facilities $422
Police Facilities $428
Street Facilities $697
Traffic Signal Facilities $90
Public Buildings $737
Community and Recreation Facilities $0
Water Facilities $1,036
Sewer Facilities $1,126
Total Single-Family Residential Impact Fees: $4,536
* Impact Fee are per 1,000 gross area square feet.

Page | 24
Industrial
Fee Type Costs
Park Facilities $0
Fire Facilities $484
Police Facilities $217
Street Facilities $1,679
Traffic Signal Facilities $218
Public Buildings $244
Community and Recreation Facilities $0
Water Facilities $743
Sewer Facilities $570
Total Single-Family Residential Impact Fees: $4,153
* Impact Fee are per 1,000 gross area square feet.

Public Facilities / Institutions
Fee Type Costs
Park Facilities $0
Fire Facilities $2,425
Police Facilities $6,591
Street Facilities $2,978
Traffic Signal Facilities $386
Public Buildings $686
Community and Recreation Facilities $0
Water Facilities $5070
Sewer Facilities $551
Total Single-Family Residential Impact Fees: $14,124
* Impact Fee are per 1,000 gross area square feet.

Page | 25
Quimby Act Park Land In-Lieu Fees
Per Unit (Subdivisions)
Quimby Act Fee Costs / In-lieu fee per Unit
Single Family Residential $2,323.20
Multi-Family Residential $1,742.40
* Impact Fee is per Dwelling Unit.

Per Unit (Non-Subdivisions)
Quimby Act Fee Costs / In-lieu fee per Unit
Single Family Residential $1,819.84
Multi-Family Residential $1,364.88
* Impact Fee is per Dwelling Unit.

Storm Drainage Impact Fees
General Plan (GP) Land Use / Zoning Designation Costs
General Plan: Residential - Low Density (LDR) & Zoning: LowDensity Residential (R-L)$7,296 General Plan: Residential - Medium Density (MDR & MHDR) Zoning: Medium Density Residential – 5,000 SF (R-M-5)
Medium Density Residential – 6,000 SF (R-M-6)
Medium High Density Residential (R-MH)
$9,710
General Plan: Residential - High Density (HDR) & Zoning: High Density Residential (R-H)
$13,540
General Plan: Community Commercial (C-C) & Zoning: Mixed Use (MU)
$14,041
General Plan: Downtown Commercial (DC) & Zoning: Mixed
Use – Downtown (MX-D)
$14,303
General Plan: Neighborhood Commercial (NC) & Zoning:
(Neighborhood Commercial (C-N)
$19,724
General Plan: Service Commercial (SC) & Zoning: Service Commercial (C-S)
$17,333
General Plan: Professional Office (Medical Arts) / Zoning:

Office (O)
$11,162
General Plan: Light Industrial (LI) & Zoning: Light Industrial (IL) General Plan: Heavy Industrial (HI) & Zoning: Heavy Industrial (I-H)
$22,204
Page | 26
General Plan: Public Facility (PF) & Zoning: Public Facility (PF) $11,233 Elementary School
General Plan: Public Facility (PF) & Zoning: Public Facility (PF) 5,238
High School
General Plan: Public Facility (PF) & Zoning: Public Facility (PF) 20,114
* Impact Fee is per One (1) Acre of developed land area. ** Only Charged to projects, and developments that do not provide on-site Storm Drainage Retention Facilities.

REPORT TO THE CITY COUNCIL
Item 6.1

CLICK HERE

TO RETURN TO

THE AGENDA
Meeting of: June 24, 2025
AGENDA SECTION: New Business
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA

DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 2025-1 (RANCHO CALERA), TO AUTHORIZE THE LEVY OF

SPECIAL TAXES THEREIN, AND TO INCUR A BONDED INDEBTEDNESS TO

PAY FOR CERTAIN PUBLIC FACILITIES
PREPARED BY: Rod Pruett, City Administrator
ATTACHMENTS: Resolution; Rate and Method of Apportionment (Exhibit A); List of Authorized Facilities (Exhibit B); Form of Notice of Public Hearing (Exhibit C); Boundary Map (presented in packet and on file with City Clerk)

REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:

That the City Council adopt the attached Resolution to initiate the process for formation of CFD No. 2025- 1 (Rancho Calera).

BACKGROUND:

At the request of and following extensive discussions with the landowners and development community associated with the Rancho Calera project area, the City intends to pursue the formation of a new Community Facilities District (“CFD No. 2025-1”) in order to finance public facilities (“Facilities”) to serve Rancho Calera.

The plan includes the authorization to issue up to $30,000,000 of bonds of CFD No. 2025-1, secured by special taxes to be levied in the CFD, to finance the authorized Facilities. The Resolution for consideration formally commences the proceeding to form CFD No. 2025-1, and sets a date and time for a public hearing on the issue to be conducted on August 12, 2025.

Following the close of the August 12, 2025 public hearing, the City Council will consider additional resolutions to (1) formally establish CFD No. 2025-1, (2) call a special landowner election for the same date. After adopting these resolutions, an election will be conducted by the City Clerk, with votes of the qualified electors (the landowners within CFD No. 2025-1) counted, under special procedures pursuant to a waiver and ballots received by said landowners/qualified electors.

The Resolution includes
• the proposed Rate and Method of Apportionment specifying how the Special Taxes will be levied in CFD No. 2025-1;
• the list of Facilities authorized to be funded by CFD No. 2025-1; and • the form of Notice of Public Hearing to be published prior to the August 12 public hearing date.

In addition, the proposed boundary map for CFD No. 2025-1 is included in the agenda packet and is on file with the City Clerk. The proposed boundary map will be recorded in the official maps of the County following the Council’s adoption of the Resolution.

REASON FOR RECOMMENDATION:

Formation of CFD No. 2025-1 and the authorization by the landowners to issue the bonds and levy the Special Tax, will partially fund necessary infrastructure to serve the Rancho Calera development.

FISCAL IMPACT:

All cost associated with the formation of this CFD is paid for by Rancho Calera.

ALTERNATIVES:

Do not approve Resolution and we will not move forward with the CFD for the Rancho Calera project ACTIONS FOLLOWING APPROVAL:

After the Council’s adoption of the Resolution, City staff, as well as the City’s consultants and legal counsel, will move forward with the proceedings for formation of CFD No. 2025-1, including recording of the boundary map, publishing of the notice of public hearing, coordinating distribution of landowner ballots and gathering completed ballots before the election, and preparation of the resolutions to be considered on August 12.
4876-7212-6463
COUNCIL RESOLUTION # XX-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 2025-1 (RANCHO

CALERA), TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN, AND TO INCUR A BONDED

INDEBTEDNESS TO PAY FOR CERTAIN PUBLIC FACILITIES
WHEREAS, the City Council has adopted local goals and policies concerning the use of the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5, Part 1, Division 2, Title 5 (commencing with Section 53311) of the California Government Code) (the “Act”); and WHEREAS, under the Act, the City Council may commence proceedings for the establishment of a community facilities district; and
WHEREAS, the City Council has duly considered the advisability and necessity of, and now intends to form, a new community facilities district pursuant to the Act, to be known as the City of Chowchilla Community Facilities District No. 2025-1 (Rancho Calera) (CFD No. 2025- 1”), encompassing a portion of the area within the Rancho Calera Specific Plan, to issue special tax bonds for CFD No. 2025-1 to finance the acquisition and construction costs of certain public capital facilities (the “Facilities”), and to levy a special tax therein; and WHEREAS, the City Council has determined that the establishment of the proposed community facilities district is consistent with and follows the City’s goals and policies for use of the Act.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds, determines and declares the following:

Section 1. Recitals. The above recitals are true and correct.

Section 2. Intent to Establish Community Facilities District; Naming of CFD. The City Council hereby declares that it proposes and intends to establish a community facilities district pursuant to the provisions of the Act, in the manner described below. The community facilities district proposed to be formed shall be known as “Community Facilities District No. 2025-1 (Rancho Calera)” (“CFD No. 2025-1”).

Section 3. Boundaries of Proposed CFD. The proposed boundaries of the community facilities district are shown on a map on file in the office of the City Clerk, which boundaries are hereby approved. The City Council hereby directs the City Clerk to endorse the certificates set forth on the map indicating its filing in the office of the City Clerk and evidencing the date and adoption of this Resolution. The City Council further directs the City Clerk to record a copy of the map with the Madera County Recorder within 15 days after the adoption of this Resolution, in accordance with the provisions of Section 3111 of the California Streets and Highways Code.
4876-7212-6463 2
Section 4. Description of Public Facilities. The Facilities proposed to be financed by CFD No. 2025-1, which include completed Facilities, are described in Exhibit B hereto. The Facilities have a useful life of five years or longer. The cost of financing the acquisition and construction of the Facilities includes “incidental expenses,” which include the cost of planning and designing the Facilities and environmental evaluations thereof; costs associated with the creation of CFD No. 2025-1, issuance of bonds, determination of the amount of special taxes, collection or payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2025-1; and any other expenses incidental to the design, construction, completion, and inspection of the Facilities.

Section 5. Levy of Special Tax. Except where funds are otherwise available to CFD No. 2025-1, a special tax sufficient to pay the costs of the Facilities (including incidental expenses and debt service on bonds issued to finance the Facilities), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2025-1, will be levied annually within CFD No. 2025-1. The rate, method of apportionment, and manner of collection of the special tax are specified in Exhibit A. Exhibit A specifies the conditions under which the special tax may be prepaid and permanently satisfied. Exhibit A also specifies the year after which no further special tax shall be levied against any parcel used for private residential purposes. Under no circumstances will the special tax levied against any parcel used for private residential purposes be increased by more than ten percent as a consequence of delinquency or default by the owner of any other parcel or parcels of land within CFD No. 2025-1.

The City Council finds that the provisions of Section 53313.6, 53313.7 and 53313.9 of the Act (relating to adjustments to ad valorem property taxes and schools financed by a community facilities district) are inapplicable to CFD No. 2025-1.

Section 6. Declaration of Necessity to Incur Debt. In order to finance the acquisition and construction costs of the Facilities and the incidental expenses thereof, it is necessary to incur bonded indebtedness secured by the special tax levied within CFD No. 2025-1 as described herein.

Section 7. Purpose of Debt. The proposed bonded indebtedness would be incurred for the purpose of construction and acquisition of the Facilities, payment of the incidental expenses of such construction and acquisition, payment of the costs and issuance of the bonds, funding capitalized interest, funding a debt service reserve fund, repayment of funds advanced, and payment of other costs authorized by the Act.

Section 8. Amount of Proposed Debt; Certain Terms. The bonds proposed to be issued for CFD No. 2025-1, if so issued, shall be in the aggregate principal amount of not to exceed
$30,000,000.00, shall bear interest payable semi-annually or in such other manner as the City Council shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and shall mature not to exceed 40 years from the date of the issuance thereof.

Section 9. Repayment of Advances. To the extent that the proceeds of any bonds issued are sufficient therefor (as determined by the City), the City proposes to repay all or a portion of any funds or work in-kind advanced by the owners of the property in CFD No. 2025-1 for right-
4876-7212-6463 3
of-way acquisition or other infrastructure costs including, but not limited to, certain backbone infrastructure costs.

Section 10. Public Hearing. The City Council hereby fixes 4:00 p.m., or as soon thereafter as practicable, on Tuesday, August 12, 2025, at the regular meeting place of the City Council, City Council Chambers, City Hall, 130 S. 2nd Street, Chowchilla, California, as the time and place for a consolidated public hearing on the questions of whether the public interest, convenience and necessity require the establishment CFD No. 2025-1, the levy of special taxes therein, and the incurrence of bonded indebtedness.

Section 11. Notice of Hearing. The City Council directs the City Clerk to publish a notice of the consolidated hearing, in substantially the form attached hereto as Exhibit C, once not later than seven days prior to the date fixed for the hearing, in a newspaper of general circulation published in the area of CFD No. 2025-1.

Section 12. Hearing Report. The City Council directs the City Administrator to study the proposed CFD No. 2025-1 and, at or before the time of the hearing, to cause to be prepared and filed with the City Council a report containing a brief description of the facilities by type that will in their opinion be required to adequately meet the needs of CFD No. 2025-1, their estimate of the cost of providing those public facilities; the fair and reasonable cost of any of the facilities to be purchased; and the fair and reasonable cost of incidental expenses to be incurred in connection therewith.

Section 13. Description of Proposed Voting Procedures. If, at the conclusion of the public hearing, the City Council adopts a resolution establishing CFD No. 2025-1, the City Council proposes to order an election by mailed ballot and submit the question of the levy of the special tax, the incurrence of bond indebtedness, and the establishment of an appropriations limit for CFD No. 2025-1 to the qualified electors. The City Council hereby determines that the Facilities are necessary to meet increased demands placed upon the City and other local agencies as a result of development occurring within the boundaries of CFD No. 2025-1. Because fewer than twelve registered voters currently reside within CFD No. 2025-1, the qualified electors shall be the landowners within CFD No. 2025-1, and each landowner who is the owner of record at the close of the hearing shall have one vote for each acre or portion of an acre of land that such landowner owns within the proposed CFD No. 2025-1.

Section 14. Exempt Properties. Except as may otherwise be provided by the Act or the rate and method of apportionment of the special tax for CFD No. 2025-1, all lands owned by any public entity, including the United States, the State of California and/or the City, or any departments or political subdivisions of any thereof, shall be omitted from the levy of the special tax in CFD No. 2025-1.

Section 15. Tender of Bonds for Payment of Taxes. The City Council reserves to itself the right and authority to allow any interested owner of property within CFD No. 2025-1, subject to the provisions of Government Code section 53344.1 and to those conditions it may impose, and any applicable prepayment penalties as described in a fiscal agent agreement or comparable document providing for the issuance of bonds, to tender to the City Administrator in full payment or part payment of any installment of the special taxes or the interest or penalties
4876-7212-6463 4
thereon that may be due or delinquent, but for which a bill has been received, any bond or other obligation secured thereby, the bond or other obligation to be taken at par and credit to be given for the accrued interest shown thereby computed to the date of tender.

Section 16. Effective Date. This Resolution shall take effect immediately upon its passage.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 24th day of June, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor Kelly Smith
ATTEST:

Joann McClendon, CMC
City Clerk
4876-7212-6463 A-1

EXHIBIT A

RATE AND METHOD OF APPORTIONMENT OF

SPECIAL TAXES FOR CITY OF CHOWCHILLA
COMMUNITY FACILITIES DISTRICT NO. 2025-1
(RANCHO CALERA FACILITIES)
[ATTACHED]
City of Chowchilla
Community Facilities District No. 2025-1 (Rancho Calera Facilities) Page 6

RATE AND METHOD OF APPORTIONMENT OF

SPECIAL TAXES FOR CITY OF CHOWCHILLA
COMMUNITY FACILITIES DISTRICT NO. 2025-1
(RANCHO CALERA FACILITIES)
A Special Tax, as hereinafter defined, shall be levied and collected within the City of Chowchilla Community Facilities District No. 2025-1 (Rancho Calera Facilities) (“CFD No. 2025-1”) each Fiscal Year commencing in Fiscal Year 2026/27, in an amount determined by the application of the procedures below. All Taxable Property within CFD No. 2025-1, as hereinafter defined, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meaning:
“Accessory Dwelling Unit” or “ADU” means all Assessor’s Parcels of Residential Property for which a building permit(s) has been issued for an “Accessory Dwelling Unit” as defined in California Government Code Section 66313, as may be amended from time to time, that is accessory to a primary Unit.
"Acre” or “Acreage" means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map. In the event that the Assessor’s Parcel Map shows no acreage, the Acreage for any Assessor’s Parcel may be determined by the CFD Administrator based upon, in the CFD Administrator’s discretion, the applicable condominium plan, final map, parcel map, Assessor’s Data or by using available spatial data and GIS.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1, Division 2 of Title 5 of the Government Code of the State. "Administrative Expenses" means the actual or reasonably estimated costs directly related to the administration of CFD No. 2025-1 including, but not limited to, the following: the costs of any paying agents/fiscal agents/trustees related to CFD No. 2025-1 Bond payments (including the fees and expenses of related counsel); the costs of computing the Annual Special Tax Requirement, the Special Taxes and of preparing the collection schedules for the Special Taxes; the costs of collecting the Special Taxes, including any charges levied by the County Auditor’s Office, County Tax Collector’s Office or County Treasurer’s Office; the costs of the City or designee in complying with the disclosure requirements associated with applicable federal and state securities laws, or otherwise related to CFD No. 2025-1 or CFD No. 2025-1 Bonds; the City’s annual administration fees and third party expenses; costs of responding to public inquiries regarding the Special Taxes; the costs of the City or designee related to an appeal of the Special Tax or interpretation of this Rate and Method of Apportionment of Special Taxes; amounts needed to pay any required arbitrage rebate to the federal government related to CFD No. 2025-1 Bonds; the costs associated with the release of funds from any escrow account; and the costs of commencing and pursuing to completion any foreclosure action arising from delinquent Special Taxes in CFD No. 2025-1. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2025-1 for any other administrative purposes of CFD No. 2025-1.
"Annual Special Tax Requirement" means that amount required in any Fiscal Year for CFD No. 2025-1 to
City of Chowchilla
Community Facilities District No. 2025-1 (Rancho Calera Facilities) Page 7 (1) pay Debt Service on all Outstanding CFD No. 2025-1 Bonds due in the Debt Year that commences in such Fiscal Year; (2) pay Debt Service on Bonds expected to be issued on behalf of CFD No. 2025-1 due in the Debt Year that commences in such Fiscal Year; (3) Administrative Expenses; (4) provide any amount required to establish or replenish a reserve fund in connection with any CFD No. 2025-1 Bonds; (5) provide an amount equal to reasonably anticipated Special Tax delinquencies based on the delinquency rate for Special Taxes levied in the previous Fiscal Year as determined by the CFD Administrator, as limited by the Act, and without duplicating any amounts described in clauses (3) or (4); and (6) account for Pay-As-You- Go Expenditures for the Authorize Facilities. The amounts referred to in clauses (1) through (5) of the preceding sentence may be reduced in any Fiscal Year (in the City's sole discretion) by (i) surplus balances in funds and accounts for CFD No. 2025-1 Bonds to the extent that such balances are available to apply against Debt Service pursuant to the Indenture, (ii) proceeds from the collection of penalties associated with delinquent Special Tax, and (iii) any other revenues available to pay Debt Service on the Outstanding CFD No. 2025-1 Bonds or other indebtedness as determined by the CFD Administrator. “Apartment Property” means all Assessor’s Parcels of Developed Property for which a building permit has been issued for the purpose of constructing more than one Unit on a Residential Lot. “Assessor’s Data” means the property characteristic data compiled and maintained by the County Assessor for each Assessor’s Parcel, including, but not limited to, Assessor’s Parcel Number, Acreage, Building Square Footage, and Units.
"Assessor’s Parcel" or “Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
"Assessor’s Parcel Map" means an official map of the County Assessor designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” or “APN” means, with respect to an Assessor’s Parcel, that number assigned to such Assessor’s Parcel by the County for purposes of identification. “Assigned Special Tax” means the Assigned Special Tax determined in accordance with Section C below, that can be levied in any Fiscal Year on any Assessor’s Parcel of Taxable Property.
“Authorized Facilities” means the public facilities authorized to be financed, in whole or in part, by CFD No. 2025-1 Bonds or Special Tax revenue dedicated to Pay-As-You-Go Expenditures for CFD No. 2025-1.
"Backup Special Tax" means the Backup Special Tax applicable to each Assessor’s Parcel of Developed Property, as determined in accordance with the applicable subsection of Section C below.
“Building Permit” means a permit issued by the City for new construction of a residential or non- residential building on an Assessor’s Parcel.
“Building Square Feet” or “BSF” means all of the square footage of living area within the perimeter of a structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Building Square Feet shall be made by reference to the building permit(s) issued for such residential dwelling unit. In the event that the building permit does not show Building Square Feet, other records of the City or Assessor’s Data shall be used as determined by the CFD Administrator.

City of Chowchilla
Community Facilities District No. 2025-1 (Rancho Calera Facilities) Page 8 "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Annual Special Tax Requirement, and otherwise providing for the levy and collection of the Special Taxes.
"CFD No. 2025-1" means City of Chowchilla Community Facilities District No. 2025-1 (Rancho Calera Facilities), established by the City Council pursuant to the Act. “CFD No. 2025-1 Bonds” or “Bonds” means bonds or other Debt (as defined in section 53317 of the Act), whether in one or more series, issued or assumed by or on behalf of the City for CFD No. 2025-1 under the Act, and secured by pledge of the Special Taxes. “City” means the City of Chowchilla, California.
“City Council” means the City Council of the City, acting as the legislative body of CFD No. 2025-1. "County" means the County of Madera, California.
“Debt Service” means for each Debt Year, the total amount of principal and interest due on any Outstanding CFD No. 2025-1 Bonds.
“Debt Year” means the twelve (12) month period ending on the second Debt Service payment date of each calendar year.
"Developed Property" means, in any Fiscal Year, all Taxable Property, exclusive of Taxable Public Property and Taxable Property Owner’s Association Property, for which a Building Permit for new construction was issued by the City prior to June 30 of the preceding Fiscal Year. "Development Class" means, individually, Developed Property, Final Map Property, Taxable Property Owner’s Association Property, Taxable Public Property, and Undeveloped Property. “Exempt Property” means all property located within the boundaries of CFD No. 2025-1 which is exempt from the Special Tax pursuant to the Act or Section E below. “Final Map Property” means, in any Fiscal Year, all Taxable Property, exclusive of Developed Property, Taxable Property Owner’s Association Property, and Taxable Public Property, for which a Final Subdivision Map had recorded prior to June 30 of the preceding Fiscal Year. "Final Subdivision Map" means a final subdivision map, parcel map or lot line adjustment, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 4285, that creates individual lots for which Building Permits may be issued without further subdivision of such property.
"Fiscal Year" means the period starting July 1 and ending on the following June 30. “GIS” or “Geographic Information System” means a system designed to capture, store, manipulate, analyze, manage, and present spatial or geographic data. “Indenture” means the indenture, fiscal agent agreement, resolution, or other instrument pursuant to which CFD No. 2025-1 Bonds are issued, as modified, amended, and/or supplemented from time to time, and any instrument replacing or supplementing the same. “Land Use Class” means any of the classes listed in Table 1 in Section C herein.

City of Chowchilla
Community Facilities District No. 2025-1 (Rancho Calera Facilities) Page 9 "Maximum Special Tax” means the Maximum Special Tax, determined in accordance with Section C below, that can be levied in any Fiscal Year on any Assessor’s Parcel of Taxable Property.
“Non-Residential Property” means, in any Fiscal Year all Assessor’s Parcels of Developed Property for which a building permit(s) was issued for a structure intended for non-residential use.
“Outstanding CFD No. 2025-1 Bonds” means all CFD No. 2025-1 Bonds which are outstanding under and in accordance with the provisions of the Indenture. “Pay-As-You-Go Expenditure” means Special Tax revenue, which is used or set aside to pay directly for Authorized Facilities, including for Authorized Facilities to be constructed or acquired on behalf of CFD No. 2025-1. Pay-As-You-Go Expenditures may be included in the Special Tax Requirement for 15 years, beginning in Fiscal Year 2026/27 and ending after Fiscal Year 2040/41. Special Taxes for Pay-As-You-Go Expenditures may only be levied against Developed Property.
“Property Owner’s Association” or “POA” means any duly constituted property owner’s association. As used in this definition, a Property Owner’s Association includes any home-owner’s association, condominium owner’s association, master or sub-association or non-residential owner’s association.
“Property Owner’s Association Property” means any property within the boundaries of CFD No. 2025-1 which is (a) owned by a Property Owner’s Association or (b) designated with specific boundaries and acreage on a final subdivision map as Property Owner’s Association Property. "Proportionately" means, for each Development Class, that the ratio of the actual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all Parcels assigned to such Development Class. “Public Property” means any property within the boundaries of CFD No. 2025-1 which (i) is owned by a public agency, (ii) has been irrevocably offered for dedication to a public agency, or (iii) is designated with specific boundaries and Acreage on a final subdivision map as property which will be owned by a public agency. For purposes of this definition, a public agency includes the federal government, the State, the County, the City, school districts, or any other governmental agency.
“Rate and Method of Apportionment” means this Rate and Method of Apportionment of Special Taxes for CFD No. 2025-1.
“Residential Lot” means an individual residential lot within a recorded Final Subdivision Map on which a Building Permit has been or is permitted to be issued for construction of one or more Units.
“Single Family Residential Property” means all Assessor’s Parcels of Developed Property for which a building permit has been issued for the purpose of constructing one Unit on a Residential Lot.
"Special Tax(es)" means the special tax or special taxes to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property within CFD No. 2025-1 to fund the Annual Special Tax Requirement.

City of Chowchilla
Community Facilities District No. 2025-1 (Rancho Calera Facilities) Page 10 "State" means the State of California.
"Taxable Property" means all the Assessor’s Parcels within the boundaries of CFD No. 2025-1 that are not exempt from the Special Tax pursuant to law or Section E below. “Taxable Property Owner’s Association Property” means all Assessors Parcels of Property Owner’s Association Property that are not exempt pursuant to Section E herein. “Taxable Public Property” means all Assessors Parcels of Public Property that are not exempt pursuant to Section E herein.
"Trustee" means the trustee or fiscal agent or paying agent acting as such under the applicable Indenture.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property, Final Map Property, Taxable Property Owner’s Association Property, or Taxable Public Property.
“Unit” means an individual single family detached residential unit or an individual residential unit within an apartment building, duplex, triplex, fourplex, townhome or condominium structure. The number of Units assigned to each Assessor’s Parcel may be determined by (i) referencing Assessor’s Data, (ii) site surveys and physical unit counts, and/or (iii) other research by the CFD Administrator. An Accessory Dwelling Unit shall not be considered a Unit for the purposes of the Special Tax.
“Welfare Exempt Property” means, in any Fiscal Year, all Parcels within the boundaries of CFD No. 2025- 1 that (a) have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code indicated in the Assessor’s Data finalized as of January 1 of the previous Fiscal Year, and (b) are exempt from the Special Tax pursuant to Section 53340(c) of the Act. Pursuant to Section 53340(c) of the Act, after the issuance of the first series of CFD No. 2025-1 Bonds, as applicable, any Assessor’s Parcels that receive a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code shall not be classified as Welfare Exempt Property and will be subject to the Special Tax.

B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, the CFD Administrator shall determine the Assessor’s Parcel Numbers for all Taxable Property within CFD No. 2025-1 for the then-current Fiscal Year. To the extent a Parcel or Parcels of Taxable Property are subdivided, consolidated, or otherwise reconfigured, the Maximum Special Tax shall be assigned to the new Assessor’s Parcels Numbers pursuant to Section C. The CFD Administrator shall also determine: (i) the appropriate Development Class for each Parcel of Taxable Property; (ii) the number of BSF, Units or Acreage each Parcel contains; (iii) the Land Use Class; and (iv) the Annual Special Tax Requirement for the Fiscal Year.

C. MAXIMUM SPECIAL TAX RATES

1. Developed Property
The Maximum Special Tax for each Assessor’s Parcel of Developed Property shall be the greater of (i) the amount derived by application of the Assigned Special Tax or (ii) the amount derived by application of the Backup Special Tax.

City of Chowchilla
Community Facilities District No. 2025-1 (Rancho Calera Facilities) Page 11 a. Assigned Special Tax
The Assigned Special Tax rates for each Assessor’s Parcel of Developed Property are shown in Table 1.

TABLE 1

ASSIGNED SPECIAL TAX FOR DEVELOPED
PROPERTY FISCAL YEAR 2026/27
Land Use
Class Description Building Square Feet
Assigned
Special Tax Per
1 Single Family Residential Property >= 3,300 SF $2,572.00 Unit 2 Single Family Residential Property 3,000 - 3,299 SF $2,420.00 Unit 3 Single Family Residential Property 2,700 - 2,999 SF $2,269.00 Unit 4 Single Family Residential Property 2,400 - 2,699 SF $2,117.00 Unit 5 Single Family Residential Property 2,100 - 2,399 SF $1,965.00 Unit 6 Single Family Residential Property 1,800 - 2,099 SF $1,814.00 Unit 7 Single Family Residential Property 1,500 - 1,799 SF $1,662.00 Unit 8 Single Family Residential Property < 1,500 SF $1,510.00 Unit 9 Apartment Property >= 1,000 SF $1,358.00 Unit
10 Apartment Property < 1,000 SF $1,207.00 Unit
11 Accessory Dwelling Unit N/A 0.00 Unit
12 Non-Residential Property N/A 0.60 BSF
City of Chowchilla
Community Facilities District No. 2025-1 (Rancho Calera Facilities) Page 12 b. Backup Special Tax
The Fiscal Year 2026/27 Backup Special Tax attributable to Developed Property shall be $18,296 per Acre.
c. Increase in the Assigned Special Tax and Backup Special Tax On each July 1, commencing on July 1, 2027, the Assigned Special Tax and the Backup Special Tax for Developed Property shall be increased by an amount equal to two percent (2%) of the amount in effect for the previous Fiscal Year. d. Multiple Land Use Classes
In some instances, an Assessor’s Parcel of Developed Property may contain more than one Land Use Class. The Special Tax levied on an Assessor’s Parcel shall be the sum of the Special Tax for all Land Use Classes located on that Assessor’s Parcel.

2. Final Map Property
The Maximum Special Tax for each Assessor’s Parcel of Final Map Property shall be $18,296 per Acre in Fiscal Year 2026/27.
a. Increase in the Maximum Special Tax
On each July 1, commencing on July 1, 2027, the Maximum Special Tax for Final Map Property shall be increased by an amount equal to two percent (2%) of the amount in effect for the previous Fiscal Year.

3. Undeveloped Property, Taxable Property Owner’s Association Property, and Taxable Public Property
a. Maximum Special Tax
The Maximum Special Tax for each Assessor’s Parcel of Undeveloped Property, Taxable Property Owner’s Association Property, and Taxable Public Property shall be $18,296 per Acre in Fiscal Year 2026/27.
b. Increase in the Maximum Special Tax
On each July 1, commencing on July 1, 2027, the Maximum Special Tax for Undeveloped Property, Taxable Property Owner’s Association Property, and Taxable Public Property shall be increased by an amount equal to two percent (2%) of the amount in effect for the previous Fiscal Year.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAXES
Commencing with Fiscal Year 2026/27 and for each following Fiscal Year, the CFD Administrator shall determine the Annual Special Tax Requirement and shall levy the Special Tax until the amount of the Special Tax levied equals the Annual Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows:

First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property at 100% of the applicable Assigned Special Tax through Fiscal Year 2040/41, after which the Special Tax shall be levied
City of Chowchilla
Community Facilities District No. 2025-1 (Rancho Calera Facilities) Page 13 Proportionately on each Assessor’s Parcel of Developed Property at a rate up to 100% of the applicable Assigned Special Tax to the extent needed to satisfy the Annual Special Tax Requirement.

Second: If additional monies are needed to satisfy the Annual Special Tax Requirement, excluding any amount for Pay-As-You-Go Expenditures, after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Final Map Property at a rate up to 100% of the Maximum Special Tax for Final Map Property to the extent needed to satisfy the Annual Special Tax Requirement.

Third: If additional monies are needed to satisfy the Annual Special Tax Requirement, excluding any amount for Pay-As-You-Go Expenditures, after the second step has been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property at a rate up to 100% of the Maximum Special Tax for Undeveloped Property to the extent needed to satisfy the Annual Special Tax Requirement.

Fourth: If additional monies are needed to satisfy the Annual Special Tax Requirement, excluding any amount for Pay-As-You-Go Expenditures, after the first three steps have been completed, then the levy of the Special Tax on each Assessor’s Parcel of Developed Property whose Maximum Special Tax is determined through the application of the Backup Special Tax shall be increased in equal percentages from the applicable Assigned Special Tax up to 100% of the Maximum Special Tax for each such Assessor’s Parcel to satisfy the Annual Special Tax Requirement.

Fifth: If additional monies are needed to satisfy the Annual Special Tax Requirement, excluding any amount for Pay-As-You-Go Expenditures, after the first four steps have been completed, the Special Tax shall be levied on each Assessor’s Parcel of Taxable Property Owner’s Association Property at a rate up to 100% of the Maximum Special Tax for Taxable Property Owner’s Association Property to the extent needed to satisfy the Annual Special Tax Requirement.

Sixth: If additional monies are needed to satisfy the Annual Special Tax Requirement, excluding any amount for Pay-As-You-Go Expenditures, after the first five steps have been completed, then the Special Tax shall be levied Proportionately on all Taxable Public Property at a rate up to 100% of the Maximum Special Tax for Taxable Public Property to the extent needed to satisfy the Annual Special Tax Requirement.

E. EXEMPTIONS

1. No Special Tax shall be levied on up to 72.81 Acres of Property Owner’s Association Property and/or Public Property. Tax-exempt status will be assigned by the CFD Administrator in the chronological order in which property becomes Property Owner’s Association Property, or Public Property. If an Assessor’s Parcel of Taxable Property becomes Property Owner’s Association Property or Public Property after previously being subject to the Special Tax, such property shall be reclassified as either Taxable Property Owner’s Association Property or Taxable Public Property.

2. Property Owner’s Association Property, that is not exempt from the Special Tax under this section, or pursuant to the Act, shall be classified as Taxable Property Owner’s Association Property. Taxable Property Owner’s Association Property shall be subject to the levy of the Special Tax and shall be taxed
City of Chowchilla
Community Facilities District No. 2025-1 (Rancho Calera Facilities) Page 14 Proportionately as part of the fifth step in Section D above, at up to 100% of the applicable Maximum Special Tax for Taxable Property Owner’s Association Property.

3. Public Property, that is not exempt from the Special Tax under this section, or pursuant to the Act, shall be classified as Taxable Public Property. Taxable Public Property shall be subject to the levy of the Special Tax and shall be taxed Proportionately as part of the sixth step in Section D above, at up to 100% of the applicable Maximum Special Tax for Taxable Public Property.

4. No Special Tax shall be levied on any Assessor’s Parcel in any Fiscal Year in which such Assessor’s Parcel is classified as Welfare Exempt Property; however, pursuant to Section 53340(c) of the Act, after the issuance of the first series of CFD No. 2025-1 Bonds, as applicable, any Assessor’s Parcels that receive a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code shall not be classified as Welfare Exempt Property and will be subject to the Special Tax.

F. APPEAL OF SPECIAL TAX LEVY
Any property owner may file a written appeal of the Special Tax with the CFD Administrator claiming that the amount or application of the Special Tax is not correct with respect to one or more specific Assessor’s Parcels. The appeal must be filed not later than one calendar year after having paid the Special Tax that is disputed, and the appellant must be current in all payments of the Special Taxes theretofore levied on the Assessor’s Parcel(s). In addition, during the term of the appeal process, all Special Tax levied must be paid for the subject Assessor’s Parcel(s) prior to delinquency.

The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination.

If the property owner disagrees with the CFD Administrator’s decision relative to the appeal, the owner may then file a written appeal with the City Council whose subsequent decision shall be final and binding on all interested parties. If the decision of the CFD Administrator or subsequent decision by the City requires the Special Tax to be modified or changed in favor of the property owner, then an adjustment shall be made to credit future Special Taxes.

This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner.

G. INTERPRETATION OF RATE AND METHOD OF APPORTIONMENT
The City may, by resolution or ordinance, interpret, clarify and/or revise this Rate and Method of Apportionment to correct any inconsistency, vagueness, or ambiguity as it relates to the Special Taxes, method of apportionment, classification of Assessor’s Parcels, or any definition used herein, as long as once CFD No. 2025-1 Bonds have been issued such correction does not materially adversely affect the levy and collection of Special Taxes on any Assessor’s Parcel needed to repay the CFD No. 2025-1 Bonds. In addition, the interpretation and application of any section of this document shall be at the CFD Administrator’s discretion.

City of Chowchilla
Community Facilities District No. 2025-1 (Rancho Calera Facilities) Page 15 H. MANNER OF COLLECTION
The Special Taxes shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, that the CFD Administrator may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if needed to meet the financial obligations of CFD No. 2025-1. The City may covenant to foreclose and may actually foreclose or cause an action for foreclosure to be prosecuted in respect of Assessor's Parcels of Taxable Property that are delinquent in the payment of the Special Tax.

I. PREPAYMENT OF SPECIAL TAX
The following definitions apply to this Section I:
“Authorized Facilities” means the public facilities authorized to be financed, in whole or in part, by CFD No. 2025-1.
“Buildout” means the state of maximum development of CFD No. 2025-1, based on plans and anticipated development.
"CFD Public Facilities Cost" means $16,300,000 for CFD No. 2025-1, expressed in 2025 dollars, which shall increase by the annual percentage change in the Construction Inflation Index on July 1, 2026 and on each July 1 thereafter, or such lower number as (i) shall be determined by the CFD Administrator as sufficient to provide the public facilities to be funded by CFD No. 2025-1 under the authorized bonding program for CFD No. 2025-1, or (ii) shall be determined by the City Council concurrently with a covenant that it will not issue any more Bonds to be supported by Special Taxes levied under this Rate and Method of Apportionment as described in Section D.
"Construction Inflation Index" means the annual percentage change in the Engineering News-Record Building Cost Index for the City of San Francisco, measured as of the calendar year which ends in the previous Fiscal Year, but not less than zero percent. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the City that is reasonably comparable to the Engineering News-Record Building Cost Index for the City of San Francisco.
"Future Facilities Costs" means, as of the date of prepayment, the CFD Public Facilities Costs minus the portion of the CFD Public Facilities Costs previously funded from (a) proceeds of all Previously Issued CFD No. 2025-1 Bonds, which were, at the time of issuance, available to the City for Authorized Facilities, (b) interest earnings on the Improvement Fund actually earned prior to the date of prepayment, and (c) proceeds of the Special Tax dedicated to Pay-As-YouGo Expenditures. In no case shall the Future Facilities Costs be less than zero. "Previously Issued CFD No. 2025-1 Bonds" means all Outstanding CFD No. 2025-1 Bonds that have been issued on behalf of CFD No. 2025-1 prior to the date of prepayment.

1. Prepayment in Full
The Special Tax obligation of an Assessor's Parcel of Developed Property, Final Map Property, Undeveloped Property, Taxable Property Owner’s Association Property and Taxable Public Property may be prepaid and permanently satisfied as described herein; provided that there are
City of Chowchilla
Community Facilities District No. 2025-1 (Rancho Calera Facilities) Page 16 no delinquent installments of the Special Tax with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Special Tax obligation shall provide the CFD Administrator with written notice of intent to prepay.

Within 45 days of receipt of such written notice, the CFD Administrator shall notify such owner of the prepayment amount for such Assessor's Parcel. Prepayment must be made not less than 75 days prior to the next occurring date that notice of redemption of Outstanding CFD No. 2025-1 Bonds is given, if any. Proceeds of such prepayment may be given to the Trustee pursuant to the Indenture. If a prepayment is made prior to the issuance of CFD No. 2025-1 Bonds, the Redemption Premium, Interest Amount, Reserve Fund Credit and Capitalized Interest Credit as calculated below, shall be zero.

The CFD Administrator may charge the property owner requesting a prepayment calculation a fee for providing this service.

The Special Tax Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below):

Bond Redemption Amount
Plus Future Facilities Amount
plus Redemption Premium
plus Interest Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
less Capitalized Interest Credit
Total: equals Special Tax Prepayment Amount
As of the proposed date of prepayment, the Special Tax Prepayment Amount (defined below) shall be calculated by the CFD Administrator as follows:

Step Number:

1. Confirm that no Special Tax delinquency apply to such Assessor’s Parcel, and if delinquencies are applicable compute all amounts due, including interest and penalties.

2. For Assessor’s Parcels of Developed Property compute the Assigned Special Tax and Backup Special Tax. For Assessor’s Parcels of Final Map Property and Undeveloped Property to be prepaid, compute the Assigned Special Tax and Backup Special Tax for that Assessor’s Parcel as though it was already designated as Developed Property, based upon the expected development for that Assessor’s Parcel. For Assessor’s Parcels of Taxable Property Owner’s Association Property and Taxable Public Property, calculate the Maximum Facilities Special Tax.

3. a. Divide the Assigned Special Tax computed pursuant to Step 2 by the total estimated Assigned Special Tax for CFD No. 2025-1 based on the Developed Property Special Tax which could be charged in the current Fiscal Year on all expected development through Buildout of CFD No. 2025- 1.

City of Chowchilla
Community Facilities District No. 2025-1 (Rancho Calera Facilities) Page 17 b. Divide the Backup Special Tax computed pursuant to Step 2 by the total estimated Backup Special Tax for CFD No. 2025-1 based on the Developed Property Special Tax which could be charged in the current Fiscal Year on all expected development through Buildout of CFD No. 2025- 1.
c. Determine which quotient computed pursuant to Step 3.a or 3.b is larger (the “Maximum Special Tax Percentage”). For Assessor’s Parcels of Taxable Property Owner’s Association Property and Taxable Public Property, the Maximum Facilities Special Tax Percentage shall be 100%.

4. Multiply the Maximum Special Tax Percentage by the Outstanding CFD No. 2025-1 Bonds to compute the principal amount of Outstanding CFD No. 2025-1 Bonds to be redeemed (the “Bond Redemption Amount”).

5. Compute the Future Facilities Costs.

6. Multiply the Maximum Special Tax Percentage by the total Future Facilities Costs to compute the Future Facilities amount to be prepaid (the “Future Facilities Amount”).

7. Multiply the Bond Redemption Amount computed pursuant to Step 4 by the applicable redemption premium, if any, on the Outstanding CFD No. 2025-1 Bonds to be redeemed (the "Redemption Premium") determined by reference to the Indenture.

8. Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding CFD No. 2025-1 Bonds (the “Interest Amount”).

9. Verify the administrative fees and expenses, including the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming the Outstanding CFD No. 2025-1 Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the “Administrative Fees and Expenses”).

10. If reserve funds for the Outstanding CFD No. 2025-1 Bonds held under the Indenture, if any, are at or above 100% of the then reserve requirement (as required by the Indenture) on the prepayment date, a reserve fund credit shall be calculated as a reduction in the applicable reserve requirement for the Outstanding CFD No. 2025-1 Bonds to be redeemed pursuant to the prepayment (the "Reserve Fund Credit"). No Reserve Fund Credit shall be granted if reserve funds are below 100% of the applicable reserve requirement on the prepayment date or if the Reserve Fund is satisfied by a credit instrument rather than cash funded.

11. If any capitalized interest for the Outstanding CFD No. 2025-1 Bonds will not have been expended at the time of the first interest and/or principal payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the Maximum Special Tax Percentage by the expected balance in the capitalized interest fund after such first interest and/or principal payment (the "Capitalized Interest Credit").

12. The Special Tax prepayment is equal to the sum of the amounts computed pursuant to Steps 4, 6, 7, 8 and 9 less the amount computed pursuant to Steps 10 and 11 (the "Special Tax Prepayment Amount").

City of Chowchilla
Community Facilities District No. 2025-1 (Rancho Calera Facilities) Page 18

13. From the Special Tax Prepayment Amount, the amounts computed pursuant to Step 6 shall be used by the City to pay for Future Facilities Costs. The amounts computed pursuant to Steps 4, 6, 7 and 8 shall be deposited into the appropriate fund as established under the Indenture and be used to redeem Outstanding CFD No. 2025-1 Bonds or make Debt Service payments. The amount computed pursuant to Step 9 shall be retained by the City for the payment of Administrative Fees and Expenses.

The Special Tax Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Outstanding CFD No. 2025-1 Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of Outstanding CFD No. 2025-1 Bonds or to make Debt Service payments.

Current year Special Taxes that are not yet paid will remain outstanding and will be collected in the manner billed. With respect to any Assessor's Parcel that is prepaid, the CFD Administrator shall cause a suitable notice to be recorded in compliance with the Act to indicate the prepayment of the Special Tax and the obligation of such Assessor's Parcel has been satisfied.

Notwithstanding the foregoing, no prepayment will be allowed unless the Maximum Special Tax that may be levied on Taxable Property both prior to and after the proposed prepayment is at least 1.1 times the maximum annual Debt Service on all Outstanding CFD No. 2025-1 Bonds plus annual Administrative Expenses, as reasonably estimated by the CFD Administrator.

2. Prepayment in Part
The Special Tax obligation of an Assessor's Parcel of Developed Property, Final Map Property, Undeveloped Property, Taxable Property Owner’s Association Property and Taxable Public Property may be partially prepaid, provided that a partial prepayment may be made only after all authorized CFD No. 2025-1 Bonds have been issued, and only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of partial prepayment. The amount of the prepayment shall be calculated as in Section I.1; except that a partial prepayment shall be calculated by the CFD Administrator according to the following formula:

PP = PE x F.

These terms have the following meaning:

PP = the partial prepayment
PE = the Special Tax Prepayment Amount calculated according to Section I.1 F = the percentage of the Special Tax Prepayment Amount calculated according to Section I.1 to be prepaid
The Special Tax partial prepayment amount must be sufficient to redeem at least a $5,000 increment of Bonds.

The owner of any Assessor’s Parcel who desires such partial prepayment shall notify the CFD Administrator of such owner’s intent to partially prepay the Special Tax and the percentage by which the Special Tax shall be prepaid. The CFD Administrator shall provide the owner with a statement of the
City of Chowchilla
Community Facilities District No. 2025-1 (Rancho Calera Facilities) Page 19 amount required for the partial prepayment of the Special Tax for an Assessor’s Parcel within 45 days of the request and may charge a fee for providing this service. With respect to any Assessor’s Parcel that is partially prepaid, the CFD Administrator shall (i) distribute the prepayment funds remitted according to Section I.1, and (ii) indicate in the records of CFD No. 2025-1 that there has been a partial prepayment of the Special Tax and that a portion of the Special Tax with respect to such Assessor’s Parcel, equal to the outstanding percentage (1.00 - F) of the remaining Maximum Special Tax, shall continue to be levied on such Assessor’s Parcel pursuant to Section D.

J TERM
The Special Tax shall be levied and collected as needed to fund the Annual Special Tax Requirement for up to 40 years from the initial levy of the Special Tax. In any event no Special Tax shall be levied for CFD. No. 2025-1 after the 2065/66 Fiscal Year.
4876-7212-6463 B-1

EXHIBIT B
Community Facilities District No. 2025-1
(Rancho Calera)
City of Chowchilla, California

LIST OF AUTHORIZED FACILITIES
These facilities are local and regional public improvements designed to serve development in CFD No. 2025-1.

Authorized Facilities: The proposed types of facilities and costs to be financed by the CFD include:

The construction, purchase, modification, expansion, rehabilitation and/or improvement of certain roadways and roadway improvements, hiking and biking trails, storm drains and basins, water and wastewater facilities (including, without limitation, domestic and non-domestic water facilities, pre-treatment basins, infiltration basins, reservoirs, pipelines, storm and sewer drains and related infrastructure and improvements), wet and dry utilities, parks, traffic signals, public service facilities and equipment, and related infrastructure improvements, both onsite and offsite, and all appurtenances and appurtenant work in connection with the foregoing (including utility line relocations and electric, gas and cable utilities) (the “Facilities”), and the incidental expenses to be incurred, as further described below.

Other Expenses of the CFD
In addition to the above authorized facilities, other incidental expenses as authorized by the Mello- Roos Community Facilities Act of 1982, including, but not limited to, the cost of planning and designing the facilities (including the cost of environmental evaluation and environmental remediation); engineering and surveying; construction staking; utility relocation and demolition costs incidental to the construction of the public facilities; costs of project/construction management; costs (including the costs of legal services) associated with the creation of CFD No. 2025-1; costs associated with the issuance of bonds; determination of the amount of taxes, collection of taxes; payment of taxes; or costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2025-1; reimbursements to other areas for infrastructure facilities serving CFD No. 2025-1; and any other expenses incidental to the formation and implementation of CFD No. 2025-1 and to the construction, completion, inspection and acquisition of the authorized facilities.
4876-7212-6463 C-1

EXHIBIT C

FORM OF NOTICE OF PUBLIC HEARING NOTICE OF

PUBLIC HEARING

ON PROPOSED ESTABLISHMENT OF A COMMUNITY

FACILITIES DISTRICT AND ISSUANCE OF DEBT CITY OF

CHOWCHILLA
COMMUNITY FACILITIES DISTRICT NO. 2025-1 (RANCHO CALERA) Notice is hereby given that the City Council of the City of Chowchilla will conduct a public hearing on Tuesday, August 12, 2025, at 4:00 p.m. or as soon thereafter as practicable, in the Chowchilla City Council Chambers located at 130 South Second Street, Chowchilla, California, to consider the following:

INTENT TO FORM CITY

OF CHOWCHILLA
COMMUNITY FACILITIES DISTRICT NO. 2025-1
(RANCHO CALERA)
On June 24, 2025, the City Council of the City of Chowchilla adopted a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 2025-1 (RANCHO

CALERA), TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN, AND TO INCUR A BONDED INDEBTEDNESS TO PAY FOR CERTAIN PUBLIC FACILITIES” (the “Resolution of Intention”). Reference is hereby made to the Resolution of Intention on file in the office of the City Clerk of the City of Chowchilla for further particulars.

In the Resolution of Intention, the City Council declared its intention to form the City of Chowchilla Community Facilities District No. 2025-1 (Rancho Calera) to finance all or a portion of the proposed facilities identified in an exhibit to the Resolution of Intention. The proposed boundaries of the community facilities district were identified, and the Resolution of Intention identified a proposed special tax to be levied on real property to be included in the community facilities district to pay for costs of authorized facilities and/or to pay debt service on bonds to be issued, in a principal amount not to exceed $30,000,000.00, for the community facilities district In the Resolution of Intention, the City Council provided that the levy of the special tax will be subject to the approval, by at least two-thirds vote, of the qualified electors of the community facilities district voting at a special mailed ballot election to be conducted. Because fewer than twelve registered voters currently reside within the proposed community facilities district, the qualified electors shall be the landowners within the community facilities district, and each landowner who is the owner of record at the close of the hearing shall have one vote for each acre or portion of an acre of land that such landowner owns within the proposed community facilities district. The City Council directed the City Administrator to prepare a report on the community facilities district, and called for a public hearing on the community facilities district and issuance of debt.
4876-7212-6463 C-2
At the hearing, the testimony of all interested persons or taxpayers for or against the establishment of the community facilities district, the extent of the community facilities district, the proposed issuance of bonds for the community facilities district to finance authorized facilities, will be heard. Any person interested may file a protest in writing with the City Clerk.

If fifty percent or more of the registered voters, or six registered voters, whichever is more, residing in the territory proposed to be included in the community facilities district, or the owners of one-half or more of the area of land in the territory proposed to be included in the community facilities district and not exempt from the special tax file written protests against the establishment of the community facilities district and the protests are not withdrawn to reduce the value of the protests to less than a majority, the City Council of the City shall take no further action to establish the community facilities district or authorize the special taxes for a period of one year from the date of the decision of the City Council, and if the majority protests of the registered voters or the landowners are only against a specific type of facility or a specified tax, then that type of facility or tax shall be eliminated from the proceedings to form the community facilities district.

Any person interested in these matters is invited to present testimony either for or against the above item. If you challenge the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Council of the City at or prior to the public hearing.

The City Council will hold the public meeting and hearing in person, with a phone and virtual option for public participation based on availability. See the agenda for the August 12, 2025 City Council meeting on the City’s website at https://www.cityofchowchilla.org for virtual participation instructions. The City makes no representation or warranty of any kind regarding the adequacy, reliability or availability of virtual participation options. Participation by members of the public through virtual means is at prospective participants own risk. /s/ Joann McClendon
City Clerk,
City of Chowchilla

REPORT TO THE CITY COUNCIL
Item 6.2

CLICK HERE

TO RETURN TO

THE AGENDA
Meeting of: June 24, 2025
AGENDA SECTION: New Business
SUBJECT: Resolution Approving Offers from The California Department of Transportation for Temporary Construction Easements Regarding City Property
APPROVED BY: Jason Rogers, Director of Public Works
ATTACHMENTS: Resolution, Caltrans ROW Offer Package

REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:

City Council adopt a resolution to accept and approve offers from The California Department of Transportation (Caltrans) for a Temporary Construction easement regarding city property located at various properties and authorizing the City Administrator to execute all documents related to the transaction.

BACKGROUND:

The California Department of Transportation (Caltrans) is proposing to resurface the existing pavement to extend the pavement service life in Madera County on SR 233 (Robertson Blvd), from Avenue 24 ½ to State Route North 99 and 233 Connector Bridge. The project consists of the purchase of:

1. 125 square feet (sf) Temporary Construction easement of the property owned City of Chowchilla located at 319 Robertson Blvd.

2. 75 square feet (sf) Temporary Construction easement of the property owned City of Chowchilla located at 820 Robertson Blvd
REASON FOR RECOMMENDATION:

The purpose of the project is to resurface the existing pavement of Robertson Blvd, install bikeway access, remove, replace, and modify existing traffic striping and pavement markers, update Americans with Disabilities Act (ADA) Curb ramps to current federal standards, and repair/replace damaged curbs, gutters, and sidewalks in failed areas.

The appraised value for both areas to be acquired is $500.00 each for a total of $1,000. Additionally, Caltrans is offering a minimum payment of $1,000.00 for each parcel as part of their Incentive Payment Program. Therefore, the appraised value of $1,000.00 in addition to the incentive payments of $2,000.00, increases the acquisition offers to a total of $3,000.00.

FISCAL IMPACT:

The City will receive a payment of $3,000 from Caltrans for a Temporary Construction easements.

ALTERNATIVES:

Not to accept the offers from Caltrans.

ACTIONS FOLLOWING APPROVAL:

1. The City Administrator will sign and execute the required documents.

2. The documents will be submitted to Caltrans.

COUNCIL RESOLUTION # XX-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA

APPROVING OFFERS FROM THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR

TEMPORARY CONSTRUCTION EASEMENTS REGARDING CITY PROPERTIES WHEREAS, The California Department of Transportation (Caltrans) is proposing to resurface the existing pavement to extend the pavement service life in Madera County on SR 233 (Robertson Blvd), from Avenue 24 ½ to State Route North 99 and 233 Connector Bridge; and WHEREAS, The project consists of the purchase of 125 square feet (sf) Temporary Construction easement of the property owned City of Chowchilla located at 319 Robertson Blvd; and WHEREAS, The project consists of the purchase of 75 square feet (sf) Temporary Construction easement of the property owned City of Chowchilla located at 820 Robertson Blvd; and WHEREAS, Caltrans appraised value for the area to be acquired at $1,000.00; and WHEREAS, Caltrans is offering a minimum payment of $2,000.00 as part of their Incentive Payment Program; and
WHEREAS, Caltrans acquisition offer for a Temporary Construction easement regarding city property located at 319 Robertson Blvd and 820 Robertson Blvd is $3,000.00; and WHEREAS, the City Administrator, or his designee, is authorized to accept the offer and executed all documents necessary for the purchase of a Temporary Construction easement.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds, determines and declares the following:

1. The above recitals are true and correct.

2. The City Council hereby approve the agreements by and between the City of Chowchilla and the State of California, Department of Transportation, for Temporary Construction easements regarding city property.

3. The City Administrator, or designee, is authorized to sign all documents related to effectuate the agreements.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 24th day of June, 2025 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor Kelly Smith
ATTEST:

Joann McClendon, CMC, City Clerk
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION CONFIDENTIAL This document contains personal information, and
pursuant to Civil Code 1798.21, it shall be kept
confidential in order to protect against
unauthorized disclosure.

RIGHT OF WAY CONTRACT

STATE HIGHWAY
RW 8-3 (Rev. 6/95)

Page 1 of 4 ends

Chowchilla City CouncilJune 24, 2025

Chowchilla City Council
June 24, 2025