Agenda, regular meeting — Coalinga City Council, June 16, 2022 (part 2 of 2)

AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is entered into on this __ day of May 2022, by and between CITY OF COALINGA, hereinafter called "CLIENT,'' and AM Consulting Engineers, Inc., a California corporation, hereinafter called "AMCE'' as follows:

CLIENT engages AMCE to perform professional engineering services with regards to the design of upgrades to its wastewater treatment facility, hereinafter called the "PROJECT." CLIENT and AMCE, for mutual consideration, agree as follows:

1. Scope of Services. AMCE agrees to provide and perform certain professional services for CLIENT in connection with the PROJECT as set forth in Exhibit "A" attached hereto and incorporated by this reference.

2. Schedule. AMCE shall perform its services in accordance with the schedule set forth in Exhibit "A." CLIENT agrees that AMCE shall not be responsible for delays which are due to causes beyond AMCE's reasonable control. In the case of any such delay, the time for completion of AMCE's services hereunder shall be extended accordingly.

3. Compensation.
a. Fees. CLIENT agrees to pay AMCE as compensation for its services as described in Exhibit A.

Fees and all other charges will be billed monthly as the work progresses, and the net amount shall be due at the time of billing. Should CLIENT dispute in good faith any portion of an invoice, CLIENT shall pay the undisputed portion as provided herein. Interest of 1.5% per month (but not exceeding the maximum rate allowable by law) will be payable on any amounts wrongfully withheld or not paid within thirty days of the billing date, payment thereafter to be applied first to accrued interest and then to the principal unpaid amount. Any attorneys' fees or other costs incurred in collecting any delinquent amount shall be paid by CLIENT. b. Project Delay. In the event that AMCE’s services hereunder are delayed for a period in excess of six months due to causes beyond AMCE's reasonable control, AMCE's compensation shall be subject to renegotiation.
c. Retention. If any portion of AMCE's fee is held in retention, such amount shall be released within thirty days after completion of the corresponding services. Interest shall be paid at the rate of 1.5% per month on any retention amounts not paid within this thirty-day period. d. Partial Services. In the event any portion of the work prepared or partially prepared by AMCE is suspended, abandoned, or terminated, CLIENT shall pay AMCE for the work performed on such portion on an hourly basis, not to exceed any maximum contract amount specified herein.

4. Standard of Care. In the performance of its professional services, AMCE will use that degree of care and skill ordinarily exercised under similar conditions in similar localities and no other warranties, express or implied, are made or intended in any of AMCE's proposals, contracts or reports. AMCE shall be entitled to rely upon the accuracy of data and information provided by CLIENT or others without independent review or evaluation unless provided otherwise in Exhibit "A." AMCE shall perform its services in connection with applicable laws, rules, regulations and standards that are in effect as of the date of this agreement. If any changes occur in such laws, rules, regulations or standards that materially affect the scope of work or schedule of this agreement, AMCE's compensation shall be renegotiated accordingly.

5. Construction Safety and Methods. CLIENT agrees that in accordance with generally accepted construction practices, the construction contractor will be required to assume sole and complete

Page 2 of 4 ends

responsibility for job site conditions during the course of construction of the PROJECT, including safety of all persons and property, and that this requirement shall be made to apply continuously and not be limited to normal working hours. AMCE shall not have control over or charge of, and shall not be responsible for, construction means, methods, techniques, sequences or procedures, as these are solely the responsibility of the construction contractor. AMCE shall not have the authority to stop or reject the work of the construction contractor.

6. Opinion of Construction Cost. Any Opinion of the Construction Cost prepared by AMCE represents its judgment as a design professional and is supplied for the general guidance of CLIENT.

AMCE does not, however, have control over the cost of labor and materials or have control over competitive bidding or market conditions.

7. Instruments of Service. All original tracings, survey notes, machine-readable information and data ("CADD data") and other original documents are instruments of service and shall remain the property of AMCE, except where by law or precedent these documents become public property. AMCE shall furnish CLIENT reproducible copies of all final documents as detailed in Exhibit A.

8. Reuse of Documents. Documents, including drawings and specifications, prepared by AMCE pursuant to this agreement are not intended or represented to be suitable for reuse by CLIENT or others on extensions of the PROJECT or on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from AMCE will be at CLIENT'S sole risk and without liability to AMCE. Further, any and all liability arising out of changes made to AMCE's deliverables under this agreement by CLIENT or persons other than AMCE is waived as against AMCE and the CLIENT assumes full responsibility for such changes unless CLIENT has given AMCE prior notice and has received from AMCE written consent for such changes.

9. CADD Data. Electronic CADD data delivered to CLIENT shall not include the “wet-stamped” professional stamp or signature of an engineer or architect. CLIENT agrees that AMCE shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by CLIENT, or anyone authorized by CLIENT, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by CLIENT, or anyone authorized by CLIENT, of CADD data for additions to this PROJECT, for the completion of this PROJECT by others, or for any other project, excepting only such use as is authorized, in writing, by AMCE.

10. Construction Contractor.
a. Construction Contractor Indemnification. CLIENT will require that any construction contractor performing work in connection with the PROJECT hold harmless, indemnify and defend CLIENT, AMCE, their consultants, and each of their directors, officers, agents and employees from any and all liabilities, claims, losses, damages and costs, including attorneys' fees, arising out of or alleged to arise from the construction contractor's performance of the work described in the construction contract documents, but not including liability that may be due to the negligence of CLIENT, AMCE, their consultants, or their directors, officers, agents and employees. b. Construction Contractor Insurance. CLIENT also will require that the construction contractor provide workers' compensation and commercial general liability insurance, including completed operations and contractual liability, with the latter coverage sufficient to insure the construction contractor's indemnity, as above required; and such insurance shall include CLIENT, AMCE, their consultants, and each of their directors, officers, agents and employees as additional insureds. The insurance afforded to these additional insureds shall be primary insurance. If the additional insureds have other insurance which might be applicable to any loss, the amount of the

Page 3 of 4 ends

insurance provided under this paragraph shall not be reduced or prorated by the existence of such other insurance.
c. Construction Contract Documents. CLIENT will provide a copy of the construction contract documents before they are executed in order that AMCE may confirm that the above requirements have been met. CLIENT agrees to forward to AMCE a complete copy of the fully executed construction contract documents. The documents copied to AMCE will include, but not be limited to, the executed agreement, bonds, insurance certificates and endorsements.

11. Fees and Permits. CLIENT shall pay the cost of all fees, permits, bond premiums, title company charges, blueprints and reproductions in connection with the PROJECT and AMCE'S services hereunder unless otherwise specified in Exhibit "A."

12. Asbestos/Hazardous Materials. AMCE is not licensed to provide services involving the identification or handling of asbestos or hazardous materials. Therefore, in providing its services hereunder, AMCE shall not be responsible for the identification, handling, containment or abatement of any asbestos or other hazardous material present in connection with the PROJECT. In the event that CLIENT becomes aware of the presence of asbestos or any other hazardous material at the jobsite, CLIENT immediately shall notify AMCE. AMCE shall be entitled to cease any of its services that may be affected by the asbestos or other hazardous material and shall not be liable for damages in connection with such termination of services. CLIENT shall be responsible for complying with all applicable federal and state rules and regulations in connection with the asbestos or other hazardous material. Further, CLIENT shall indemnify and defend AMCE, its consultants, agents, directors, officers and employees from all claims, damages, losses and expenses, including but not limited to attorneys' fees and court and arbitration costs (collectively "the Liabilities"), which Liabilities are related to asbestos or other hazardous materials and arise out of work performed on the PROJECT by others.

13. Termination of Agreement. This agreement may be terminated by either CLIENT or AMCE upon thirty days' written notice in the event of substantial failure of the other party to perform in accordance with the terms of this agreement. In the event of termination of this agreement, CLIENT shall promptly pay AMCE for all of the fees, charges and services performed by AMCE in accordance with the compensation arrangements under this agreement or on an agreed hourly basis.

14. Dispute Resolution. The parties agree in good faith to attempt to resolve amicably; without litigation, any dispute arising out of or relating to this agreement. In the event that any dispute cannot be resolved through direct discussions, the parties agree to endeavor to settle the dispute by mediation. Either party may make a written demand for mediation, which demand shall specify the facts of the dispute. The matter shall be submitted to a mediator who shall hear the matter and provide an informal nonbinding opinion and advice in order to help resolve the dispute. The mediator's fee shall be shared equally by the parties. If the dispute is not resolved through mediation, the matter may be submitted to the judicial system, in which event all litigation and collection expenses, witness fees, court costs and attorneys' fees shall be paid to the prevailing party.

15. Assignment. Services provided under this agreement are for the exclusive use of CLIENT. Neither CLIENT nor AMCE shall assign its interest in this agreement without the written consent of the other.

16. Severability. Should any provision herein be found or deemed to be invalid, this agreement shall be construed as not containing such provision, and all other provisions which are otherwise lawful shall remain in full force and effect, and to this end the provisions of this agreement are declared to be severable.

17. Other Agreements. There are no understandings or agreements except as herein expressly stated.

Any purchase order issued by CLIENT for the services to be provided hereunder shall be deemed to

Page 4 of 4 ends

have been issued for its own purchasing, accounting and other record-keeping purposes only and shall not be deemed to be a part of this agreement or to modify or amend this agreement in any way. This agreement may only be modified by a writing signed by both parties.

18. Counterparts. This agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

19. Governing Law. This agreement shall be governed by and construed in accordance with the laws of the state of California.

IN WITNESS WHEREOF, AMCE and CLIENT have executed this agreement this ____day of May, 2022.
“AMCE” “CLIENT”
AM Consulting Engineers, Inc. City of Coalinga
By: Alfonso Manrique By:

Title: President Title:

License No.:C63673
LIST OF EXHIBITS:

Exhibit "A" Scope of Services/Fees

CITY OF COALINGA

SEWER COLLECTION SYSTEM AND WASTEWATER TREATMENT PLANT

IMPROVEMENTS PROJECT
SWRCB PROJECT NO. C-06-8572-110

SCOPE OF WORK AND FEE
May 16, 2022

BACKGROUND
The City of Coalinga (City) is located in Pleasant Valley at the base of the coastal mountain range on the western side of California’s Central Valley within Fresno County. The City is a public agency that provides water and sewer service to residential, commercial, and industrial customers and for fire protection uses.

According to U.S. Census Bureau 2019 population estimates, the City serves a total approximately 17,179 people.

Coalinga is situated approximately 60 miles southwest from the City of Fresno, the Central Valley’s largest city and the state’s fifth largest city. Interstate 5 runs north to south approximately ten miles east of Coalinga. The County of Monterey lies to the west and Kings County sits to the east.

The City owns and operates a citywide sewer collection system and a wastewater treatment plant. The wastewater collection system currently services approximately 3,474 sewer connections. The City’s wastewater treatment plant (WWTP) is located at the confluence of Los Gatos Creek and Warthan Creek, approximately one mile east of the City. The treatment process at the City’s WWTP consists of screening, primary clarification, and secondary treatment (aerated facultative lagoons followed by stabilization lagoons). Undisinfected secondary treated effluent is pumped to adjacent land for percolation.

The overall condition of the sewer collection system is unknown. The older areas are believed to be in poor condition and in need of substantial repairs. The City’s maintenance staff regularly respond to problems with the collection system as back‐ups and overflows/spills and spends a great deal of their time locating and/or repairing the system in response to emergency calls from the City’s residents.

The City is considered a Disadvantaged Community (DAC). According to the August 2019 Income Survey Report prepared by Self-Help Enterprises, the City’s Median Household Income (MHI) is $ 47,570, which is less than 80 percent of the State’s MHI of $75,277. The current residential sewer rate consists of a fixed monthly service charge of $21.95 per month for residential and non-residential customers. Nonresidential and educational institution customers are also charged a volumetric charge of $4.86 based on the meter potable water volume per thousand gallons.

The City owns and operates a WWTP under the Waste Discharge Requirements (WDRs) Order No. 94-184.

The WWTP consists of a bar screen, a primary clarifier an aerobic sludge digester, sludge drying beds, two aerated facultative lagoons each with a surface area of three acres, and three stabilization ponds having a total surface area of 11 acres. The City owns approximately 470 acres on the southwest corner of Jayne Avenue and Alpine Avenue. Currently, treated effluent is pumped form one of the stabilization ponds to adjacent land, where percolates into the soil and is used to recharge the groundwater table. The existing WWTP has a capacity to dispose up to 1.34 MGD.

The City would like to conduct a CCTV inspection of manholes, and sewer pipes, and assess the condition of sewer pipes that are at risk of collapse or prone to more frequent blockages due to pipe defects. The City’s very limited resources make it very difficult to address the deficiencies in the sewer collection system.

The City has received funding to conduct a comprehensive sewer collection system that will assess the condition of the sewer collection system pipelines, correct existing deficiencies and prioritize the replacement of sewer lines based on their estimated remaining useful life. In addition, the City’s funding will provide an evaluation of the City’s WWTP and a feasibility analysis of recycled water alternatives.

SCOPE OF WORK
The following is a description of the Tasks provided in the Scope of Work:

TASK A – PROJECT FEASIBILITY REPORT
A Project Feasibility Report (PFR) will be prepared and submitted for SWRCB review. The Project Feasibility Report will contain the following:

1. Introduction
This Section of the PFR will contain a brief background and an overview of the City of Coalinga including the social and economic make-up of the community. The data will be supported by US Census information and County and State surveys.

2. Executive Summary
Key investigations and findings developed throughout the PFR will be summarized. The information to be summarized will include a brief description of the community’s need for improvements to the sewer collection system, WWTP improvements, recycled water alternatives considered, any constraints on the feasibility of such alternatives, the capital and life cycle cost of feasible alternatives, and the preferred alternative.

3. Project Planning Area
This Section of the PFR will provide information regarding the area included in this study.

Information regarding the Project Planning Area will include:
a. Location: A map of the City’s service area will be provided as well as photographs indicating legal and natural boundaries, major obstacles, elevations, etc. b. A summary of Environmental Resources Present will be provided indicating the location and significance of important land resources, wetlands and 100/500-year floodplains, historic sites, endangered species/critical habitats, etc., that must be considered in project planning. This narrative summary will make reference to the CEQA/NEPA document(s).
c. Growth Areas and Population Trends. A discussion of the population, flows, loadings and peaking factors for the proposed project will be made. This discussion will include an estimate of the existing service area characteristics as well as the 20-year and 40-year projections.

4. Existing Facilities and Need for Project
This Section of the PFR will provide a description of the City’s existing sewer collection system and wastewater treatment plant including pipe sizes, materials, slopes, alignments, and a log of maintenance work due to problems in the collection system. A description of the existing or potential public health or water quality problem in the community will be included.

A Closed-Circuit Television (CCTV) survey will be conducted on all the lines of the collection system to assess their condition and prioritize the need for replacement or rehabilitation.

5. Wastewater Flows
This Section of the PFR will provide the estimated wastewater flows based on land uses and number of dwellings and businesses in community. Wastewater flows will be compared with flows and loadings per EDU of other similar communities. Sewer flow monitoring will be conducted to determine average and peak hour flows and assess the presence of infiltration/inflow in older parts of the collection system.

6. Development and Screening of Alternatives Considered This Section of the PFR will include a detailed condition assessment of the sewer lines in the collection system. Sewer lines will be graded based on their physical condition, maintenance requirements, size of area served, and sewer flows. Recommendations to replace or rehabilitate sewer lines will be provided. Replacement or rehabilitation will be based on an evaluation of the cost effectiveness of alternative solutions to correct the identified problem including cost estimates and design criteria.

The following information related to the sewer collection system will be included:
a. A color-coded map of the City’s collection system showing the physical condition of the sewer lines based on the CCTV assessment. Copies of CCTV inspections will be enclosed to this Section of the PFR.
b. Construction Problems anticipated. A discussion of concerns such as limited access, traffic control, or other conditions which may affect cost of construction. c. Cost Estimates. Provide cost estimates for each recommended alternative, including a breakdown of the following costs:
i. Construction.
ii. Non-Construction.
iii. Annual Operations and Maintenance.
d. Advantages/Disadvantages. Each alternative will be evaluated to determine how it meets the City’s needs with respect to financial, managerial, and operational resources. An explanation will be offered of how the proposal satisfies public and environmental concerns.

7. Proposed Project Description
This Section of the PFR will contain a full description of the proposed project. At least the following information will be included:
a. Project Design
i. Collection System Layout. Identify general location of line: Lengths, sizes, and depths.
ii. Pumping Stations/pipelines. Identify size, type, site location, and power requirements.
b. Total Project Cost Estimate, including an itemized estimate of the project cost based on the stated period of construction. The cost estimates will include development and construction, land and rights-of-way, legal, engineering, interest, contingencies, refinancing, and other costs associated with the proposed project. c. Annual Operating Budget.
d. Revenue. Using the current rate schedule, the PFR will project realistic revenues from sewer users.
e. Operations and Maintenance (O&M) Costs. Estimate costs over a ten-year period based on actual costs of other existing collection systems of similar size, complexity and governance. The PFR will include facts to substantiate operation and maintenance cost estimates. Cost estimates will include salaries, benefits, taxes, accounting and auditing fees, legal fees, interest, utilities, oil and fuel, insurance, annual repairs and maintenance, supplies, chemicals, office supplies and printing, and miscellaneous. f. Debt repayments. The PFR will describe all financing sources potentially available for this project.
g. Reserves. The PFR will describe any proposed loan obligation reserve requirements. h. A capital improvement plan including future replacement costs. i. A discussion of how potential future deficits, customer non-payments and delinquencies will affect O&M costs and user rates.
j. Proposition 218 requirements.
k. Methods for fee collection and monthly billing.
l. A summary of public participation, (Noticed public meetings must be held to obtain public input and to discuss alternatives considered as well as environmental factors related to the project, as required by CEQA)

8. Draft Project Report
The Draft PFR Report will contain the following:
a. A description of the identified sewer collection system deficiencies that will be addressed by this project.
b. The potential public health problem associated with SSOs. c. A statement of the relevant design criteria.
d. The estimated capital construction costs.
e. A summary of the anticipated user charges for each user classification, i.e. residential, commercial, and industrial.
f. A discussion of the benefits of constructing the project. g. A description and estimate of the Operation and Maintenance (O&M) program for the proposed project including:
i. A summary of the O&M requirements.
ii. An estimate of the O&M budget over the next five years. iii. An implementation schedule for completion of the project.

The draft report will be completed and submitted to the funding and regulatory agencies for review. Such submittal will be accompanied by the draft CEQA/NEPA environmental analysis which was begun as soon as the identification and feasibility of the project alternatives was determined.

9. Final Project Report
After review and comment by the community and funding or regulatory agencies, and incorporation of any needed changes or additions, the final project report will be completed for required submittals.

The consultants will attend all pertinent staff meetings, hearings, and adoption meetings essential to final report completion. Essential and appropriate modification to the project report will be made. The needed number of copies will be provided for participating funding, regulatory and adopting agencies, together with electronic copies as required.

TASK B – ENVIRONMENTAL DOCUMENTS
This Task will consist of preparing a preliminary environmental review of the project to identify possible environmental impact that could threaten the viability of the proposed improvements. Sewer rehabilitation projects are usually categorically exempt from CEQA and NEPA as they pertain to the repair of public improvements. Unless the preliminary environmental review reveals significant impacts, a categorical exemption will be obtained for this project.

TASK C – PREPARATION OF OTHER MISCELLANEOUS CWSRF APPLICATION ITEMS The CWSRF Construction Application contains miscellaneous items including a financial package, an environmental package and a general package. The Environmental Package will be prepared under separate task discussed previously in this Plan of Study. The Financial Package, and General Package items will be prepared as part of this task.

An update of the most recent rate study will be included as part of the financial package of the CWSRF construction application. The rate study will conduct and evaluation of the City’s current rate schedule and the ability to generate sufficient revenue to adequately maintain the sewer system and proposed improvements. Finally a Fiscal Sustainability Plan (FSP) will be prepared in accordance with SWRCB guidelines.

TASK D – GRANT ADMINISTRATION
This task includes grant administration services in accordance with the funding agreement for this project.

Grant administration services will include preparation of disbursement requests to State, preparation of quarterly progress reports, communications with State Water Resources Control Board, contract amendments (if necessary),etc.

FEES
AMCE proposes to complete Tasks A through D in the Scope of Work for a not to exceed fee of $300,000.

The total fee will be invoiced monthly according to the hourly rates listed in the cost estimate. The following table provides a breakdown of the estimate fee by task:

Task Fee
Task A – Project Feasibility Report
Subtotal Task A $155,000
Task B –Environmental Documents
Subtotal Task B $80,000
Task C – Miscellaneous CWSRF Application Items
Task C. 1 – Rate Study $25,000
Task C.2 – Fiscal Sustainability Plan $10,000
Task C.3 – CWSRF Construction Application $5,000
Subtotal Task C $40,000
Task D – Grant Administration
Subtotal Task D $25,000
Total Tasks A through D $300,000

SCHEDULE
The following table contains the estimated completion date for all the tasks in the scope of work:

Task Estimated
Completion date
Task A – Project Feasibility Report February 28, 2023
Task B –Environmental Documents March 31, 2023
Task C – Miscellaneous CWSRF Application Items June 30, 2023 Task D – Grant Administration February 29, 2024

STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE

AUTHORITY
Subject: Authorize Purchase of Three (3) Electronic Messaging Boards Meeting Date: June 16, 2022
From: Marissa Trejo, City Manager
Prepared by: Sean Brewer, Assistant City Manager
I. RECOMMENDATION:

Staff is recommending that the Councilauthorize Public Works to purchase two (2) Full Size Wanco Electronic Message Boards and one (1) mini Wanco Electronic message board.

II. BACKGROUND:

The City Council, on April 21, 2022 authorized staff to utilize $60,000 of ARPA funds to purchase two (2) electronic messaging boards for the City to be used for public messaging including road repairs, health and safety notification, water conservation and various other messages to the general public.

III. DISCUSSION:

Staff requested quotes from multiple vendors to determine the specific brand the City would like to utilize and found that the Wanco product provided exactly what the City desires. KRC Safety is who provided the quotes for the messaging boards. In looking at the product staff requested multiple quotes for various boards. Staff looked at pricing for two (2) large boards, one (1) large board and one (1) mini board or two (2) large boards and one (1) mini board. Staff felt that the best combination was to purchase two (2) large boards for the (2) main entrances to town and one (1) mini board for smaller streets when doing road repairs and/or utility work in residentialareas.

Copies of the all quotes are attached for the Councils review.

Staff recommending purchase amount exceeds the amount authorized by the council with the use of ARPA funds by approximately $6,000 which represents the sales tax for the three (3) message boards. Staff is recommending that the Councilauthorize the three (3) message boards to be purchased and staff will derive the additional funds from the major machinery and equipment funds of the water, sewer and gas enterprise.

IV. ALTERNATIVES:

Purchase two (2) large boards - $41,256.00 plus tax
Purchase one (1) large board and one (1) mini board - $39,899.40 plus tax V. FISCAL IMPACT:

The totalamount for the purchase of the three (3) electronic message boards is approximately $67,000 where $60,000 will be used from ARPA and the additionalcost will be evenly allocated from the water/sewer/gas enterprise funds which have sufficient funds available.

ATTACHMENTS:

File Name Description
KRC_Quotes.pdf KRCQuotes
full_size_message_sign.pdf Full Size Message Board Spec Mini_message_sign.pdf Mini Message Board Spec
Date
5/18/2022
Estimate #
22-320
Name / Address

CITY OF COALINGA
155 W. DURIAN AVE
COALINGA, CA 93210
Ship To
Customer to Pick Up In Visalia
Rep Project # P.O. No.

Total
Subtotal
Sales Tax (0.0%)
TRAFFIC CONTROL ~ SAFETY SUPPLIES ~ EQUIPMENT RENTAL ~ SIGN & BANNERS - Quote good for 30 days from quote date.
- 3% fee will be charged on all credit card transactions - Payment terms are NET 30 unless stated differently on quote.1.5% will be added monthly to initial invoice total if not paid in full within 30 days until balance is paid off in full. - Applicable sales tax will be added at time of delivery. - Unless otherwise noted contractor is responsible for all unloading and loading of materials.

Sales Quote
7821 W. Sunnyview Visalia, CA 93291
Ph# 559-732-0393 Fax# 559-732-2684
Visit us online @ www.krcsafety.com
License #507950 (A,C31)
DBE #000447
SBE #6897
MBE #9IS00114
DIR #1000004730
Description Qty Rate Total
PCMS Model: WTMMB(A)
Full Size Wanco Std Full Matrix Message Sign: Full Matrix Cabinet • Hydraulic Tower • Standard Battery box with 4-6v Batteries • 15 Amp Battery Charger • 130W Solar panel • Spring Leaf Axle• Removable Drawbar 2 19,680.00 39,360.00
PCMS Model: WVTM(A) Wanco Std Mini-Matrix Message: Matrix Cabinet • Hydraulic Tower • Standard Battery box with 4-6v Batteries • 15 Amp Battery Charger • 85W Solar panel • Spring Leaf Axle • Removable Drawbar
1 18,671.40 18,671.40
OPTION - Wanco Security Battery Box with Puck Locks (Four – 6VDC Flooded Batteries - 430 Ah total capacity) (15-amp Battery Charger)
3 348.00 1,044.00
Freight Charges - These are the direct shipping fees from the manufacture to Visalia, PER EACH UNIT 2 600.00 1,200.00 - Freight charges quoted are approximate. Actual freight charges at time of purchase will be added to invoice. - Please allow 4-6 weeks for delivery once PO is placed. $60,275.40
$60,275.40
$0.00
Date
5/18/2022
Estimate #
22-396
Name / Address

CITY OF COALINGA
155 W. DURIAN AVE
COALINGA, CA 93210
Ship To
Customer to Pick Up In Visalia
Rep Project # P.O. No.

Sales Quote
7821 W. Sunnyview Visalia, CA 93291
Ph# 559-732-0393 Fax# 559-732-2684
Visit us online @ www.krcsafety.com
License #507950 (A,C31)
DBE #000447
SBE #6897
MBE #9IS00114
DIR #1000004730
Description Qty Rate Total
PCMS Model: WTMMB(A)
Full Size Wanco Std Full Matrix Message Sign: Full Matrix Cabinet • Hydraulic Tower • Standard Battery box with 4-6v Batteries • 15 Amp Battery Charger • 130W Solar panel • Spring Leaf Axle• Removable Drawbar 2 19,680.00 39,360.00
OPTION - Wanco Security Battery Box with Puck Locks (Four – 6VDC Flooded Batteries - 430 Ah total capacity) (15-amp Battery Charger)
2 348.00 696.00
Freight Charges - These are the direct shipping fees from the manufacture to Visalia, PER EACH UNIT 2 600.00 1,200.00 - Freight charges quoted are approximate. Actual freight charges at time of purchase will be added to invoice. - Please allow 4-6 weeks for delivery once PO is placed. $41,256.00
$41,256.00
$0.00
Date
4/27/2022
Estimate #
22-320
Name / Address

CITY OF COALINGA
155 W. DURIAN AVE
COALINGA, CA 93210
Ship To

CITY OF COALINGA

COALINGA
Rep Project # P.O. No.

Sales Quote
7821 W. Sunnyview Visalia, CA 93291
Ph# 559-732-0393 Fax# 559-732-2684
Visit us online @ www.krcsafety.com
License #507950 (A,C31)
DBE #000447
SBE #6897
MBE #9IS00114
DIR #1000004730
Description Qty Rate Total
PCMS Model: WTMMB(A)
Full Size Wanco Std Full Matrix Message Sign: Full Matrix Cabinet • Hydraulic Tower • Standard Battery box with 4-6v Batteries • 15 Amp Battery Charger • 130W Solar panel • Spring Leaf Axle• Removable Drawbar 1 19,680.00 19,680.00T
PCMS Model: WVTM(A) Wanco Std Mini-Matrix Message: Matrix Cabinet • Hydraulic Tower • Standard Battery box with 4-6v Batteries • 15 Amp Battery Charger • 85W Solar panel • Spring Leaf Axle • Removable Drawbar
1 18,671.40 18,671.40T
OPTION - Wanco Security Battery Box with Puck Locks (Four – 6VDC Flooded Batteries - 430 Ah total capacity) (15-amp Battery Charger)
1 348.00 348.00T
Freight Charges - These are the direct shipping fees from the manufacture to Visalia, PER EACH UNIT 2 600.00 1,200.00 - Freight charges quoted are approximate. Actual freight charges at time of purchase will be added to invoice. - Please allow 4-6 weeks for delivery once PO is placed. $39,899.40
$39,899.40
$0.00

STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE

AUTHORITY
Subject: Consideration of Bid Award for Total Trihalomethane (TTHM) Reduction Facilities at the Water Treatment Plant
Meeting Date: June 16, 2022
From: Marissa Trejo, City Manager
Prepared by: Sean Brewer, Assistant City Manager
I. RECOMMENDATION:

It is recommended that the Coalinga City Council:

Award a Contract in the amount of $1,328,600.00 to GSE Construction Company, Inc., 7633 Southfront Road, Suite 160, Livermore, CA 94551 for the TTHM Reduction Facilities at the WTP.

Authorize a contingency of 10% $132,860.00 to cover any unforeseen incidentals for an authorization amount of $1,461,460.00.

Approval of a construction management/engineering task order with the City Engineer for $199,290.00.

II. BACKGROUND:

On January 4, 2017, the Coalinga City Council directed staff to prepare engineering plans and specifications and authorized a call for bids for the TTHM Reduction Facilities at the WTP.

This project consists of implementing permanent pH adjustment and pre-oxidation injection facilities. Due to concerns regarding the health, safety, and difficulties associated with WTP staff handling muriatic acid, the City prefers that the full-scale pH adjustment facilities use liquid carbon dioxide.

Sodium permanganate willcontinue to be used for pre-oxidation of organic matter at the WTP influent. To minimize additionalcapitalcosts and difficulties of integrating new and existing facilities, the sodium permanganate storage and injection equipment will use severalexisting pieces of infrastructure that are not currently used by the WTP.

The project generally consists of furnishing labor and materials, furnish and install sodium permanganate and carbon dioxide storage and injection facilities as specified for, but not limited to:

Mobilization/Demobilization
Perform Subsurface Utility Locating (Potholing)
Furnish and Install Carbon Dioxide Equipment Foundations and Flatwork Furnish and Install Precast Concrete Vaults
Furnish and Install Sodium Permanganate Storage and Injection Equipment Furnish and Install Carbon Dioxide Storage and Injection Equipment Furnish and Install Piping and Appurtenances
Furnish and Install Site Improvements
Furnish and Install Electricaland Instrumentation
This also includes construction management for this project which will be provided by Tri City Engineering, and Contract Sub-Consultants, MKN Associates & Frisch Engineering.

Tri City Engineering, Inc. $ 44,120.00
MKN Associates, Inc. $ 63,780.00
Frisch Engineering, Inc. $ 91,390.00
Total CM $199,290.00
III. DISCUSSION:

City Staff received and opened four bids for this project on June 7, 2022, at 2:00 p.m. GSE Construction Company, Inc., was the apparent low bidder with a total bid proposal of $1,328,600.00. The Engineer’s Estimate was $1,150,000.00. The entire bid summary is included as Attachment “A”. GSE Construction Company, Inc., has furnished the required bid bond. If the City Council decides to award the project to GSE Construction Company, Inc., and the “Notice to Proceed” is issued, the contractor will have 340 working days to complete the work. The following is a tentative schedule:

Award of Contract: June 16, 2022
Start of Construction: July 11, 2022
Substantial Completion October 20, 2023
Completion of Construction: November 20, 2023
IV. ALTERNATIVES:

The alternative to this councilaction would be to reject all bids. If all bids are rejected, the City would have to re-advertise or cancel the project. Staff believes that re-advertising the project will not result in lower bids.

V. FISCAL IMPACT:

Authorization request for this contract is Contractor $1,461,460.00 and Construction Management $199,290.00, for a totalauthorization of $1,660,750.00. This project is funded by $1,200,000 in ARPA funds and the remaining to be funded through water bond proceeds.

ATTACHMENTS:

File Name Description
2745_Bid_Results.pdf Bid Results
2745_Bid_Summary.pdf Bid Summary
2940_Construction_Engineering_Work_Order_060822.pdf Construction Management and Engineering Task Order Attachment "B"
Bid Results
City of Coalinga
Total Trihalomethane Reduction Facilities
Project No. #2745 / #2940CM
Bid Date: June 7, 2022
2:00 PM, Tri City Engineering
Bidder Base Bid
1 GSE Construction $ 1,328,600.00
2 HPS Mechanical, Inc. $ 1,494,800.00
3 W.M. Lyles Co $ 1,592,900.00
4 Brough Construction, Inc. $ 1,712,000.00
5 6
7 Sub List
Mason Painting, Inc.

Pacific Steel Group
Lighthouse Electrical
Tri City Engineering
4630 W. Jennifer Ave., #101
Fresno, CA 93722-5415
Tel: 559.447.9075
Fax: 559.447-9074
[email protected]
City of Coalinga
155 W. Durian Ave
Coalinga, CA 93210
Tel (559) 935-1533
Fax (559) 935-1184
City of Coalinga

TOTAL TRIHALOMETHANE REDUCTION FACILITIES
Project #2745 / #2940CM Bid Date: 6/7/2022
Base Bid Items
Item Description Unit Qty. Engineer's Est. Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension 1 Mobilization/Demobilization LS 1 $ 33,000.00 $ 60,000.00 $ 60,000.00 $ 70,000.00 $ 70,000.00 $ 49,000.00 $ 49,000.00 $ 46,000.00 $ 46,000.00 2 Perform Subsurface Utility Locating (Potholing) LS 1 $ 2,200.00 $ 5,000.00 $ 5,000.00 $ 15,000.00 $ 15,000.00 $ 14,500.00 $ 14,500.00 $ 50,000.00 $ 50,000.00 3 Furnish and Install Carbon Dioxide Equipment Foundations and Flatwork LS 1 $ 60,500.00 $ 80,000.00 $ 80,000.00 $ 60,000.00 $ 60,000.00 $ 79,700.00 $ 79,700.00 $ 62,000.00 $ 62,000.00 4 Furnish and Install Precast Concrete Vaults LS 1 $ 29,700.00 $ 65,000.00 $ 65,000.00 $ 75,000.00 $ 75,000.00 $ 98,600.00 $ 98,600.00 $ 90,000.00 $ 90,000.00 5 Furnish and Install Sodium Permanganate Storage and
Injection Equipment LS 1 $ 107,800.00 $ 155,000.000 $ 155,000.00 $ 165,000.000 $ 165,000.00 $ 159,100.000 $ 159,100.00 $ 193,000.000 $ 193,000.00 6 Furnish and Install Carbon Dioxide Storage and Injection Equipment LS 1 $ 726,000.00 $ 703,600.000 $ 703,600.00 $ 864,800.000 $ 864,800.00 $ 792,500.000 $ 792,500.00 $ 860,000.000 $ 860,000.00 7 Furnish and Install Piping and Appurtenances LS 1 $ 33,000.00 $ 100,000.000 $ 100,000.00 $ 50,000.000 $ 50,000.00 $ 92,200.000 $ 92,200.00 $ 87,000.000 $ 87,000.00 8 Furnish and Install Site Improvements LS 1 $ 16,500.00 $ 25,000.000 $ 25,000.00 $ 85,000.000 $ 85,000.00 $ 21,100.000 $ 21,100.00 $ 64,000.000 $ 64,000.00 9 Furnish and Install Electrical and Instrumentation LS 1 $ 141,300.00 $ 135,000.000 $ 135,000.00 $ 110,000.000 $ 110,000.00 $ 282,200.000 $ 282,200.00 $ 260,000.000 $ 260,000.00 Base Bid TOTAL $ 1,150,000.00 $ 1,328,600.00 $ 1,494,800.00 * $ 1,588,900.00 $ 1,712,000.00 *Written Bid: $1,592,900
4 Brough Construction, Inc.

ATTACHMENT "A" Bids 1-4
1 2
HPS Mechanical, Inc.
3 GSE Construction W.M. Lyles Co.

F:\Docs\2700's\2745 COC TTHM Design Permanent Facilities\Bid Docs\2745 Bid Summary.xlsx Date Printed: 6/7/2022, 3:02 PM

PROFESSIONAL SERVICES WORK ORDER

CONSTRUCTION ENGINEERING
This agreement entered into the day of , 20 22 between City of Coalinga (hereinafter called the Client) and the Consultant Tri City Engineering (hereinafter called Consultant) for services in connection with the following project: Coalinga Water Treatment Plant Permanent TTHM Reduction Improvements . The Client and Consultant's rights, duties, and obligations hereunder will be performed in accordance with the terms and conditions of the Agreement for Professional Services between Client and Consultant dated October 26, 2021 which is fully incorporated herein by reference.

I. Scope of Services. The Consultant's services will consist of the following:
• Construction Coordination; Coordinate administrative, inspection, quality assurance, materials testing activities. Coordinate Contractors pre-construction meeting, project site meetings, punch list, project closeout activities, Staff Report to Council authorizing Notice of Completion/Project Acceptance filing. Coordinate Response to Contractors Request for Information, Construction Clarifications and Project Inspectors Request for Information, Supervise Contractor Construction Site Meetings. • Product Submittals; review contractor product submittals for compliance with the Project Plans and Specifications.
• Labor Compliance: Perform labor compliance task, including verifying Certified Payrolls, Subcontractor Utilization and Labor Interviews.
• Progress Reports: Review daily progress reports addressing progress of the work, the project schedule to include City Water Plant Inspectors provided daily photographs documenting the progress of the work.
• Contract Change Orders: Prepare Change Orders in compliance with the plans and specifications for City of Coalinga approval.
• Progress Payments: Review contractor’s initial schedule of values. Reconcile and document items of work in compliance with the plans and specifications; Review monthly progress payments for compliance with City of Coalinga funding procedures for City approval.
• Inspection and witness testing of installed facilities. Final walkthrough Inspection Punchlist development, bi-weekly construction meetings. Construction observation visits, record drawings preparation
• Application Programming: Program the existing PLC main processor and existing SCADA system for new I/O, control parameters, and monitoring values associated with the TTHM project. The Carbon dioxide system PLC will be programmed by vendor so our scope of work is to perform any interface programming and configuration to get this component onto the network and interfacing to SCADA correctly. • The main PLC will be programmed to control the new Sodium Permanganate system which includes a new tank level, pump flowmeters, and two pumps. • The SCADA system will be programmed and configured to provide full access for the Operators to be able to control the new carbon dioxide system fully and be advised of all monitoring parameters, alarms, and statuses.

II. Additional Services. Any services not specifically provided for under Section I above shall be Additional Services. Only if mutually agreed to in writing by client or consultant shall consultant perform such additional services.

III. Consultant's Compensation. In consideration for Consultant providing the services noted above, the Client agrees to compensate the Consultant as follows:
$199,290.00
Retainer. The Client shall make an initial payment of -0- dollars ($0.00) (retainer) upon execution of this Agreement. This retainer shall be held by the Consultant and applied against final invoices.

Payment Due. Invoices shall be submitted by the Consultant monthly, are due upon presentation, and shall be considered past due if not paid within ten (10) calendar days of the due date.

Interest. If payment in full is not received by the Consultant within 30 calendar days of the due date, invoices shall bear interest at one-and-one-half (1.5) percent of the PAST DUE amount per month, which shall be calculated from the invoice due date. Payment thereafter shall first be applied to accrued interest and then to the unpaid principal.

Collection Costs. If the Client fails to make payments when due and the Consultant incurs any costs in order to collect overdue sums from the Client, the Client agrees that all such collection costs incurred shall immediately become due and payable to the Consultant. Collection costs shall include, without limitation, legal fees, and expenses, court costs, collection bonds and reasonable Consultant staff costs at standard billing rates for the Consultant’s time spent in efforts to collect.

This obligation of the Client to pay the Consultant’s collection costs shall survive the term of this agreement or any earlier termination by either party.

Set-offs, Back charges, Discounts. Payment of invoices shall not be subject to any discount or set-offs by the Client, unless agreed to in writing by the Consultant. Payment to the Consultant for services rendered and expenses incurred shall be due and payable regardless of any subsequent suspension or termination of this Agreement by either party.

In witness thereof, the parties hereto have accepted, made and executed this agreement upon the terms, conditions and provisions above stated, the day and year first above written.

Consultant: By Client: By
Signature Signature
Name: Daniel E. Jauregui Name: Sean Brewer
For: Tri City Engineering For: City of Coalinga
Title: President Title: Assistant City Manager
Address: 4630 W Jennifer Ave #101 Address: 155 W. Durian Ave Fresno, CA 93722 Coalinga, CA 93210
Reference: 2940

STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE

AUTHORITY
Subject: Direct City Manager to Coordinate a City-Sponsored Pet Adoption Day with Gimme Love Animal Shelter
Meeting Date: Thursday, June 16, 2022
From: Marissa Trejo, City Manager
Prepared by: Marissa Trejo, City Manager
I. RECOMMENDATION:

This was requested as a Future Agenda Item by Councilman Adkisson and City Manager recommends.

II. BACKGROUND:

III. DISCUSSION:

The animal shelter is regularly at capacity and unable to take in more dogs and cats.

Councilman Adkisson has requested that the City sponsor an adoption day where the City will pay all adoption fees. The Police Department would be present at this event to register all dogs at the time of adoption.

This would:

1. Help provide pet companionship to community members;

2. Reduce the population in the shelter;

3. Help ensure that dogs are registered;

4. Make room in the shelter for additional dogs and cats to be taken in.

IV. ALTERNATIVES:

Do not approve.

V. FISCAL IMPACT:

This would be unbudgeted from the City's General Fund.

The total fiscal impact is unknown as it depends on how many animals are adopted.

The adoption fees are as follows:

Male Cat - $75
Female Cat - $105
Small Male Dog - $90
Small Female Dog - $100
Medium Male Dog - $120
Medium Female Dog - $130
Large Male Dog - $145
Large Female Dog - $155
ATTACHMENTS:

File Name Description
NoAttachments Available

STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE

AUTHORITY
Subject: Approval of Resolution No. 3772-C Extending the Sunset Date of Resolution for One Year for Food Truck Vendors
Meeting Date: June 16, 2022
From: Marissa Trejo, City Manager
Prepared by: Mercedes Garcia, Senior Administrative Analyst I. RECOMMENDATION:

City Manage recommends approving Resolution 3772-C to extent the sunset date for one year.

II. BACKGROUND:

III. DISCUSSION:

IV. ALTERNATIVES:

V. FISCAL IMPACT:

ATTACHMENTS:

File Name Description
_RESO#3772-C_Food_Truck_Extend_Sunset_Date.docx Resolution 3772-C RESOLUTION NO. 3772-C

AN AMENDED RESOLUTION OF THE CITY OF COALINGA REFLECTING ADDITIONAL LOCATIONS APPROVED

FOR THE OPERATION OF FOOD TRUCK VENDORS
WHEREAS, the City Council of the City of Coalinga (the “City”) has fielded a number of inquiries regarding the ability of food trucks to operate in the City; and
WHEREAS, Mobile food vending, also referred to as “food trucks”, was ranked by Forbes Magazine as the number one small business in 2011. With the increase in popularity, operators are always interested in new locations to park a food truck. Areas lacking in restaurants and seeking to create synergy are prime areas for this type of user; and WHEREAS, the City has determined that providing an opportunity for Food Trucks to host periodic food truck round-ups within the City on designated dates and times would provide a great addition to the special events throughout the City; and
WHEREAS, on June 1, 2017, by Resolution No. 3772, the City approved the following:

1. Designates the City of Coalinga parking lot located at 6th Street and W. Elm Ave, or an additional location determined by the Council by subsequent Resolution, a permitted location to allow food truck round-up events.

2. Establishes general operational standards for each food truck vendors attending the food truck event which is attached and incorporated herein as part of the approved resolution.

3. Sets a sunset date of 1 year from the date for this resolution where a permanent ordinance may be drafted to establish land use regulations for mobile vendors within the City of Coalinga.

WHEREAS, on May 17, 2018, by Resolution No. 3772-A, the City amended the General Operational Standards for Food Truck Vendors; and on May 16, 2019, by Resolution No. 3772-B, the City amended the General Operational Standards for Food Truck Vendor locations; and
WHEREAS, the City now desires to further amend the General Operational Standards to reflect additional locations for the operation of Food Truck Vendors;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Coalinga as follows:

1. The General Operational Standards attached hereto are hereby amended to include additional locations listed as authorized locations for Food Truck Vendors.

PASSED AND ADOPTED this 16th day of June 2022, at a regular meeting of the City Council of the City of Coalinga by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:

Ron Ramsey, Mayor
ATTEST:

Shannon Jensen, City Clerk
General Operational Standards

1. Location(s)
a. The City designated parking lot located at 6th Street and ElmAve. b. Properties zoned commercial or industrial within the City where there is an existing business present.

The Food Truck shall not take up more than 3 parking stalls. i. Exception: Private Parties in Residentially Zoned Properties reviewed and approved by the City Manager and Police Chief. Vending from Food Trucks on the street in conjunction with a private party shall be permitted so long as sales are not available to the public and the vehicle is parked in front of the residence or in the parking lot of a multi-family development.

2. Facilities Request Form (agreement). Each vendor shall complete a facilities request form with the Senior Administrative Analyst’s office.
a. Liability insurance naming the City of Coalinga as “additionally insured” in the amount of $1,000,0000.

Liability insurance naming the City of Coalinga as “additionally insured” is NOT required if located on private property.

3. Hours of operation shall be no earlier than 8:00am and no later than 10:00pm.

4. Each vendor is limited to utilizing the designated parking lot three times per week.

5. Vendors shall display a valid City of Coalinga Business License and Fresno County Health Department Permit in plain view.

6. Vendors shall provide proof of driver’s license registration.

7. Vendors shall provide proof of a commissary agreement or alternative proof, approved by the City Manager or his/her designee, of a relationship with a valid commissary.

8. All vehicles shall be regularly serviced and maintained.

9. Vehicles must be entirely self-sufficient in regards to gas, electricity, water, and telecommunications.

10. Each vendor shall provide its own waste container.

11. Mobile food vendors are subject to the City noise ordinance.

12. Mobile food vendors shall not engage in alcohol sales or service.

13. Outside tables and chairs are permitted.

14. The vendor shall maintain the area within which vending activities occur in a clean, safe, sanitary, and dustcontrolled condition.

15. Any other regulations as deemed necessary by the City Manager and/or his/her designee.

16. Deposit for trash.

Trash deposit with the City of Coalinga is NOT required if located on private property.

STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE

AUTHORITY
Subject: Presentation by Retail Strategies and Discussion, Direction and PotentialAction regarding Approving Professional Services Agreement to Provide Consulting Services
Meeting Date: Thursday, June 16, 2022
From: Marissa Trejo, City Manager
Prepared by: Marissa Trejo, City Manager
I. RECOMMENDATION:

This item was requested as a Future Agenda Item by Councilman Horn and is recommended by City Manager Trejo.

II. BACKGROUND:

Councilman Horn and City Manager Trejo met with Matthew Tate of Retail Strategies at ICSC Las Vegas and viewed a presentation of services. Both thought the City of Coalinga could benefit from the consulting services of Retail Strategies.

Councilman Horn invited Matthew Tate to provide a presentation to the Coalinga City Council during a regularly scheduled City Council meeting. City Manager Trejo coordinated with Mr. Tate and he flew in from Texas to present to the Coalinga City Council.

III. DISCUSSION:

A copy of the presentation and the Professional Services Agreement are attached.

IV. ALTERNATIVES:

Do not approve.

V. FISCAL IMPACT:
$45,000 per year from the City's General Fund, which is not currently budgeted for FY 23. However, if Retail Strategies is able to bring a large retailer to Coalinga, that tax revenue collected from the retailer will likely exceed the annualcost of the Professional Services Agreement.

ATTACHMENTS:

File Name Description
Coalinga_CA_Council_Presentation.pdf Presentation
Recruitment.pdf Recruitment
Retail_Strategies_-_Coalinga_CA_Agreement.pdf Professional Services Contract Retail Recruitment

COALINGA, CALIFORNIA
Matthew Tate, Director of West Coast Business Development Matthew brings over 10 years of experience working closely with municipalities to help educate them on their retail potential. In his professional experience, Matthew has worked hand-in-hand with city leaders to help create and execute successful retail recruitment strategies across the country.

A native of northern California, he leads our West Coast expansion through his strong relationships with city managers, economic development professionals, and elected officials.

In addition to his work with municipalities Matthew also worked directly with 150+ retail, restaurant, healthcare and hospitality brands to leverage data and analytics in order to help find new locations and new customers across the country.

Matthew Tate
Director of Business Development, West Coast
Industry Leaders
• 150 years of retail real estate experience
• Direct connections to retailers
& developers
• Hands-on approach
Industry Involvement

Challenges
Goals

discover connect advance
We want to learn the story of
your community.

Our team works hard to get to know your
community through the data and analytics but
also through the knowledge of the local team.

We want to make sure the story we are telling
is one that you would be proud of and aligns
with the values of your community.

Our activities pay a return in sales tax, added
jobs, and businesses that enhance and add to
the unique qualities of your community.

We make sure your community’s
story is heard.

Aggressively taking your community’s story and
assets to expanding businesses, property owners,
brokers, developers, and other industry players
creates economic growth for your community.

Our team of retail recruiters work year-round on
phones, emails and of course trade shows to make
sure your community has a captivated audience that
is interested in the real estate that you have.

We multiply and enhance your staff
and become your story tellers.

We work as an extension of your staff, adding
specific expertise, and amplifying your efforts and
visibility many times over.

Being your partner and consistently providing
feedback, answering questions, and solving
complex problems positions your market for
growth.
di scover
Trade Area Identification
By utilizing mobile data collection, data
and analytics, and real estate acumen,
our team will identify shopping
patterns within your community that
will answer key questions for retailers.

Business Recruitment Categories
After reviewing key demographic
information, we will deliver a list of uses,
businesses, and opportunities for your
community. These potential businesses
will elevate your downtown.

Mobile Data Collection
An industry leading report which
utilizes cell phone data to identify the
home and work location of consumers
that visit a defined shopping area
within the community.

GAP Analysis
Examining the market supply and market
demand within the trade area to uncover
the categories of retail being desired by
your community.

Psychographic Analysis
Defines the type of consumers in your
market by breaking down consumers
demographic characteristics, consumer
preferences, consumer expenditures,
and cultural ideals.

Consumer Expenditures
Drilling down into each retail segment
to identify and understand what your
consumers spending patterns are.

Research & Real Estate Analysis
di scover Research Methods
29,421
2021 estimated population

7.14%
Projected Growth by 2031
The location tracked was
McDonald’s
for the time period of
June 2021
To
June 2022
Customized Trade Area
Custom Trade Area
di scover Research & Real Estate Analysis
Consumer Supply
$21M
$4M
$10M $13M
Restaurants Health and
Personal Care
Building Supplies General
Merchandise Food
Si
Clothing General
Merch
Grocery Furniture
and Demand
Traffic Count
Co-tenancy
Convenience
Parking
High
Visibility/Signage
Easy Access
Home Run
Real Estate
connect
Conference Recruitment
We attend over 15+ conferences each year to both start
and build upon existing relationship in order to put our specific sites in front of retail decision makers.

Scottsdale
Orlando
Charlotte
Nashville
San Diego
Monterey
Las Vegas
Dallas
Atlanta
Chicago
Austin
Los Angeles
a dva nce
Questions?
Matthew Tate, Director of West Coast Business Development retailstrategies.com | [205] 314-0386 | [email protected] 2200 Magnolia Ave South, Suite 100 Birmingham, AL
Strictly Private & Confidential
Pricing Valid for 60 Days
Retail Recruitment Proposal
Prepared for Coalinga, CA
May 27th , 2022
Executive Summary

RETAIL STRATEGIES
I n d u s t r y L e a d e r s
150 years of retail real estate experience
Direct connections to retailers & developers
Hands-on approach
I n d u s t r y I n v o l v e m e n t
Founded in 2011, Retail Strategies exists to build trust-based relationships with communities across the country. We meet this goal by offering human resources and asset-based solutions to help recruit expanding national brands, revitalize downtowns, and support With confidence, we pursue this mission by delivering unparalleled customer service as a unified team to help our partners discover their markets unique value to retailers, connect opportunities in their market, and advance each opportunity towards their next goal.

Retail Strategies President, Lacy Beasley Named to ICSC Board of Trustees

IN THE NEWS
Lacy Beasley, President of Retail Strategies, was appointed to for an initial three-year term. She was one of 16 new trustees added to the board, and one of only two members representing the public sector.

The board provides input in helping ICSC achieve its goal of serving its more than 70,000 members globally by proactively advocating and communicating the critical social, civic, and economic role played by the retail real estate industry across the world.

Lacy has cemented herself as a go-to source in the commercial real estate world, developing a niche working with municipalities on their retail development strategies. View the full list of the Board of Trustees here.

Strictly Private & Confidential 3

RETAIL STRATEGIES
Our Process
We work to find your unique story.

We believe that every community is unique, so we take time to engage our towards expanding businesses.

Our discovery phase is all about understanding the data, real estate and people that make up your local market.

As a conduit between communities and national retailers, we ensure that your stories of opportunity, culture, values and people are perfected to resonate with the right retail audiences.

Aggressively taking your communities story and information to expanding businesses, property owners, brokers, developers, and other industry players to create economic growth in your community.

We multiply and enhance your staff.

We work as an extension of your staff, adding specific expertise, and amplifying your efforts and visibility many times over.

Our team PROACTIVELY works to tell your story to the expanding business community on the phone, via email and of course at trade shows.

Our team identifies retailers that are interested in your market and then work to advance them and connect them with your local property owners to allow for a deal to take place.
discover
connect
advance
Strictly Private & Confidential 4

RETAIL STRATEGIES
Discover: Research
Trade Area
Identification
By utilizing mobile data collection,
data and analytics, and real estate
acumen, our team will identify
shopping patterns within your
community that will answer key
questions for retailers.

Business Recruitment
Categories
After reviewing key demographic
information, we will deliver a list
of uses, businesses, and
opportunities for your
community. These potential
businesses will elevate your
downtown.

Mobile Data
Collection
An industry leading report
which utilizes cell phone data to
identify the home and work
location of consumers that visit
a defined shopping area within
the community.

GAP Analysis
Examining the market supply and
market demand within the trade
area to uncover the categories of
retail being desired by your
community.

Psychographic Analysis
Defines the type of consumers
in your market by breaking
down consumers demographic
characteristics, consumer
preferences, consumer
expenditures, and cultural
ideals.

Consumer Expenditures
Drilling down into each retail
segment to identify and
understand what your
consumers spending patterns
are.

The cycle begins with market analysis. We take the deep dive in to data, advanced analytics, and proprietary tools developed in house to uncover and define the potential in your community.

Retail Strategies uses a complex mix of data sources anchored by STI Popstats (Synergos Technologies) as our primary data source.

This data source consistently delivers the highest level of accuracy and allows our team to analyze and deliver over 3,365 individual variables (per geography) providing the deepest, most reliable, information possible to our Clients.
d i s c o v e r
Strictly Private & Confidential 5

RETAIL STRATEGIES
Discover: In Market Real Estate Analysis
Real Estate is the key to every business expansion. Our team features over 150+ years of retail real estate experience and we utilize our collective experience to provide the most thorough, and creative, assessment of your community.

To accomplish this we bring our team of retail real estate professionals to your community to uncover your strategic and underutilized real estate assets.

The inventory of properties our team believes is viable for new development, redevelopment highest and best use or vacancies that need to be filled are logged and recorded in our custom software program to be used by your team during the recruitment process.

The information we gather is immediately put to work through making outreach to the property owners, developers, and brokers who represent these properties to learn their goals for the property and how Retail Strategies can assist them on behalf of the community leaders. d i s c o v e r
Strictly Private & Confidential 6

RETAIL STRATEGIES
Discover: Community Input & Communication
Community Input
Throughout the life of our partnership we will always be ready to listen to your feedback, suggestions, opinions, and requests.

Below are items and actions we take to ensure we are providing information and action toward the betterment of the community.

Communication: The Key to Our Partnerships
During our onboarding process we will be scheduling a time to speak with you to get a first- hand understanding of your goals, desired businesses, past experiences, etc. In addition, we send a questionnaire that can be filled out by one, or many, Community Leaders to provide Retail Strategies further information on your goals and vision.

From Day 1 our process is built around creating a relationship with you and getting communication and information flowing to one another. This is partnership. We know that no one knows your community better than you. Through our partnership we will be able to harness your local knowledge and pair it with our resources and connections to make an economic impact. In addition, this free flow of communication will allow you to always share feedback with our team which we will utilize on your behalf.
d i s c o v e r
Strictly Private & Confidential 7

RETAIL STRATEGIES
Connect: Retail Recruitment
Retail Recruitment
This is where the rubber meets the road. This is where we take the information we have collected for your community, package it in the appropriate format, and begin showcasing opportunities in your community. The Benefit of partnering with Retail Strategies is that we do not just hand you fancy gadgets and a CRM tool to conduct recruitment, our West Coast management team will conduct every piece of outreach to the appropriate contact on your behalf.

Recruitment
Your team will be reaching out to property owners, brokers, developers, retailers, restaurants, and all other industry players to connect the dots to your market. We utilize the resources we have gathered and will continue to seek additional information throughout our partnership to further define the opportunities in your market.

Representation
Each year our team attends more than a dozen retail real estate conferences including key retail conference like ICSC Recon, RetailLive! Scottsdale and Austin and more. Retail Strategies attends all of these shows annually and vows to continue to attend to meet with industry leaders and market the opportunities in your community.

At the conferences we will set up and have meetings with targeted retailers, restaurants, brokers, and developers on your behalf. Following the conference you will receive an update on who we met with, what was said, and what our next steps are.
c o n n e c t
Strictly Private & Confidential 8

RETAIL STRATEGIES
Advance: Reporting & Collaboration
Reporting & Collaboration
Reporting and Communicating is the key to any partnership. We dedicate multiple points of contact to you so that we ensure 1) effective outreach and 2) that your questions, feedback, and other information can be answered, collected, and utilized.

Reporting
Through our partnership we will establish regular communication with you. We report to you regularly with updates from our recruitment efforts, industry news, and other information that will allow you to become more of an expert on your market and the industry.

Your team will be reaching out to property owners, brokers, developers, retailers, restaurants, and other industry players on your behalf. These conversations will be summarized and provided to you to keep you in the know on our efforts. your community can better understand how prospective businesses and industry leaders view your community.
a d v a n c e
Basecamp
Retail Strategies utilizes Basecamp, a project management and collaboration web platform, to record and store conversations and information shared with our Clients. This platform is username and password protected and keeps our partnership organized.

We understand that your team will adjust and grow overtime and Basecamp allows new members of your team the ability to get up to speed quickly with our efforts.

Strictly Private & Confidential 9

RETAIL STRATEGIES
Advance: Retail Trends & Access
Retail is constantly evolving and changing. Everyday we are processing new information and converting it into insights for our Client Communities.

Throughout the life of our partnership we will continuously provide updates on industry trends and expansion.
a d v a n c e
Each month we engage leaders within the retail industry to provide a deeper understanding of what is happening within the industry. These webinars are accessible live and available ondemand.

Through our partnership your community has 24/7 access to the best data and analytical tools available. Whether it is a request directly from our Client, or from a local property owner, we are here to provide valuable data and insights to ensure the maximum opportunity for growth to occur.
10 Your Team

RETAIL RECRUITMENT TEAM
1 Primary Points of Contact
Strictly Private & Confidential 11

RETAIL RECRUITMENT
Scope of Services
DATA & ANALYTICS | REAL ESTATE ANALYSIS | COMMUNITY INPUT | RETAIL STRATEGY Retail Real Estate Analysis performed by Licensed Retail Real Estate Professionals Identify and Evaluate priority commercial properties for development, re-development and higher and best use opportunities
Identification of priority business categories for recruitment and/or local expansion Target List of Retailers and Restaurants (minimum of 30) Customized Marketing Guide (four pages)
Identify market retail trade area using political boundaries, drive times and radii and custom boundary geographies
Perform market and retail GAP analysis for trade area (i.e. leakage and surplus) Analysis of future retail space requirements in relation to the peer markets and retail opportunities Conduct retail peer market analysis
Identify and evaluate competing shopping areas
Tapestry lifestyles psychographic profile of trade area / market segmentation analysis Consumer Spending Pattern Reports
Market Outlook Reports
Aerial imagery of trade area(s)
Provide updates on retail industry trends
Custom on-demand demographic research historical, current, and projected demographics to include market trade areas by radius/drive time, and custom trade area RECRUITMENT | REPRESENTATION | OUTREACH | CONNECTIVITY
Pro-active retail recruitment for entire community
Will contact a minimum of 30 overall retailers, restaurants, brokers and/or developers each year
contact via Basecamp, telephone, or email on a regular basis ICSC and Retail Live conference representationupdates provided according to the yearly conference schedule Active outreach to local brokers and landowners
Investment

RETAIL STRATEGIES
The total fee for completion of work is due upon execution of agreement. Project fees are due within 30 days of receipt of the invoice.

Should the Client request a special assignment, additional work, and/or additional travel needs not specifically referenced in the contract, we will prepare written authorization to be signed by the Client in advance of commencing any additional work.

We ask all our future partners to consider a 3-year mindset when considering a partnership with us. Retail recruitment is an ongoing process with most decisions taking between 18 and 36 months.

Pricing valid for 60 days
Service Investment
Year 1 Retail Recruitment $45,000
Year 1 Investment $45,000
Year 2 Retail Recruitment $45,000
Year 2 Investment $45,000
Year 3 Retail Recruitment $45,000
Year 3 Investment $45,000
Total 3-Year Partnership Investment $135,000
Palmdale, California
maneuvering Palmdale to be better prepared for the post-COVID-19 economic marketplace.

Luis Garibay, Director Economic & Community Development 13 retailstrategies.com | [205] 314-0386 | [email protected] 2200 Magnolia Ave South, Suite 100 Birmingham, AL
1 1/3930930.7

PROFESSIONAL SERVICES AGREEMENT TO PROVIDE

CONSULTING SERVICES
This Professional Services Agreement to Provide Consulting Services (this “Agreement”) sets forth the mutual understanding of (the “Client”) Coalinga, CA and Retail Strategies, LLC, an Alabama limited liability company (the “Consultant”) on this the _____ day of _______________, 2022 (the “Execution Date”), for the provision of professional consulting services as more fully set forth below.

R E C I T A L S:

The Consultant possesses a high degree of professional skill and experience and is a unique provider of professional consulting services in retail recruitment.

The Client desires to hire the Consultant to provide professional consulting services because of its professional skill and experience.

NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and agreements set forth in this Agreement, the Client and the Consultant, intending to be legally bound, do hereby agree as follows:

1. CONSULTING SERVICES. The Consultant agrees to provide the following professional consulting services to the Client (the “Services”):

A. Research. The Consultant will identify the Client’s retail trade area using a blend of demographics, political boundaries, drive times and/or custom boundaries. The Consultant will perform market and retail analysis based on current industry standards at the time such reports are run. The Consultant will map retail locations and analyze opportunities given local and macro retail trends.

B. In-Market Real Estate Analysis. The Consultant will analyze existing shopping centers and retail corridors and actively reach out to local brokers and real estate owners. The Consultant will identify, evaluate and catalogue priority commercial properties for development or redevelopment based on their highest-and-best-use. The Consultant will identify priority business categories to expand locally and to recruit to the area.

C. Retail Recruitment. The Consultant will proactively recruit businesses for targeted zones through the contact of a minimum of 30 retailers, restaurants, brokers or developers. The Consultant will regularly update the Client Representative on retail recruitment efforts via email, telephone and the Consultant’s client web portal known as “Basecamp.” One market visit per calendar year is included in this agreement, additional travel outside of this agreement and requested by the Client shall be approved and paid for by the Client. The Consultant will represent the Client at International Council of Shopping Center conferences and provide updates according to the yearly conference schedule.

D. Updates. The Consultant will provide the Client Representative with updates within three business days of receipt of a request from the Client Representative (as defined in Section 4 below).

2. TERM. The Consultant’s engagement and provision of Services will commence upon the Execution Date as set forth above. The Consultant’s engagement and this Agreement will terminate automatically on the third anniversary of the Execution Date (the “Term”) unless earlier terminated as provided in Section 6 below. At the end of the Term, the Client, acting by and through the Client Representative, may extend the Term at its option for successive one year periods on such terms and conditions as the Client Representative, acting for and on behalf of the Client, and the Consultant may agree upon in writing.

3. CONSULTING FEE.

A. Consulting Fee. In consideration for providing the Services, the Client agrees to pay the Consultant a consulting fee (the “Consulting Fee”) in an amount equal to $135,000. The Consulting Fee will be paid in installments of immediately available funds as follows:

Contract Period Payment Date Payment Amount
Year One Upon execution of this
agreement $45,000
Year Two
On or before the 1st
anniversary of the Execution
Date
$45,000
Year Three
On or before the 2nd
anniversary of the Execution
Date
$45,000
B. Payment Default. If the Client fails to pay any portion of the Consulting Fee on the requisite payment date, the Consultant will immediately cease all Services, including but not limited to: (1) negotiation of incentive agreements; (2) all recruiting and marketing efforts; (3) representation of the Client at trade shows; (4) booking meetings for the Client with prospective retailers; and (5) including the Client in marketing materials.

4. CLIENT INFORMATION AND ACCESS.

A. To the extent permitted by law, the Client will provide the Consultant with access to relevant personnel, facilities, records, reports and other information (including any information specified in the Consultant’s proposal to the Client) accessible by the Client that the Consultant may reasonably request from time-to-time during the Term. The Client acknowledges and agrees that the Consultant’s scheduled delivery of the Services is dependent upon the timely access to such personnel, facilities, records, reports and other requested information.

B. To facilitate such access and Consultant’s delivery of the Services, the Client designates the Development Director (the “Client Representative”), currently Nathan Reddin. The Client Representative will serve as the primary liaison between the Consultant and the Client. The Client Representative will have responsibility for regular communications between the Client and the Consultant, including providing updates in a timely manner through Basecamp. The Client Representative’s communications to the Consultant will include information regarding retail growth and development, such as actual and prospective business openings and closings, changes in economic drivers (e.g., significant increases or decreases in workforce of major employers, school enrollments, housing or healthcare services) and changes in the ownership of targeted real estate (e.g., transfers of real estate or changes in the finances of ownership). The Client Representative will also be responsible for disseminating updates relative to consultants’ activities related to scope of work to members of local stakeholder groups of the Client (e.g. City Council, Economic Development Boards, and Chamber of Commerce etc.).

C. The Client hereby authorizes the Client Representative (i) to act on behalf of the Client in the day-to-day administration and operation of this Agreement and the arrangements it contemplates and (ii) to execute and deliver, on behalf of the Client, such notices, approvals, consents, instruments, amendments or other documents as may be necessary or desirable to facilitate or assist the Consultant with the provision of the Services.

5. INTELLECTUAL PROPERTY. As part of the Services, the Consultant will prepare periodic and final reports including demographic and other research reports that will become the property of the Client upon delivery from the Consultant. Any other reports, memoranda, electronic mail, facsimile transmissions or other written documents prepared or used by the Consultants in connection with the Services will remain the property of the Consultant. With the Consultant’s prior permission, the Client may use other information provided by the Consultant, such as specifics related to retailers, developers, site information or other “confidential information” for internal purposes while taking reasonable steps to so limit the use of such materials and maintain its confidentiality.

6. TERMINATION.

A. By the Client At-Will. The Client may terminate this Agreement at any time for any or no reason upon delivery of 30 days’ prior written notice to the Consultant. Any portion of the Consulting Fee paid prior to such termination of this Agreement is earned when paid and nonrefundable.

B. By the Client Upon the Consultant’s Default. The Client may notify the Consultant within 90 days of the day that the Client knows or should have known that the Consultant breached this Agreement. The Consultant will have 30 days following receipt of such notice to cure any alleged breach. If the Consultant fails to cure any alleged breach within that 30-day period, then the Client may terminate this Agreement. Within 30 days of such termination of this Agreement, the Consultant will refund a pro rata portion of the installment of the Consulting Fee previously paid for the contract period during which such termination occurs based upon the number of days remaining in such contract period.

C. By the Consultant At-Will. The Consultant may terminate this Agreement at any time for any or no reason upon delivery of 30 days’ prior written notice to the Client. Within 30 days of such termination of this Agreement, the Consultant will refund a pro rata portion of the installment of the Consulting Fee previously paid for the period during which such termination occurs based upon the number of days remaining in such period.

D. By the Consultant Upon the Client’s Default. The Consultant may notify the Client within 90 days of the day that the Consultant knows or should have known that the Client breached this Agreement. The Client will have 30 days following receipt of such notice to cure any alleged breach. If the Client fails to cure any alleged breach within that 30-day period, then the Consultant may terminate this Agreement. Any portion of the Consulting Fee paid prior to such termination of this Agreement is earned when paid and nonrefundable.

7. NOTICES. Any notice or communication in connection with this Agreement will be in writing and either delivered personally, sent by certified or registered mail, postage prepaid, delivered by a recognized overnight courier service, or transmitted via facsimile or other electronic transmission, addressed as follows:

Client: City of Coalinga, CA
155 Durian Ave,
Coalinga CA 93210
Email: [email protected]
Attention: Marissa Trejo
Consultant: Retail Strategies, LLC
2200 Magnolia Ave. South, Suite 100
Birmingham, AL 35205
Email: [email protected]
Fax: (205) 313-3677
Attention: Stephen P. Leara, Esq – EVP | General Counsel or to such other address as may be furnished in writing by either party in the preceding manner.

Notice shall be deemed to have been properly given for all purposes: (i) if sent by a nationally recognized overnight carrier for next business day delivery, on the first business day following deposit of such notice with such carrier, (ii) if personally delivered, on the actual date of delivery, (iii) if sent by certified U.S. Mail, return receipt requested postage prepaid, on the third business day following the date of mailing, or (iv) if sent by facsimile or email of a PDF document (with confirmation of transmission), then on the actual date of delivery if sent prior to 5 p.m. Central Time, and on the next business day if sent after such time.

8. INDEPENDENT CONTRACTOR. The Consultant, in its capacity as a professional consultant to the Client, is and will be at all times an independent contractor. The Consultant does not have the express, implied or apparent authority either (A) to act as the Client’s agent or legal representative or (B) to legally bind the Client, its officers, agents or employees.

9. STANDARD TERMS.

A. Affiliated Services: The Client acknowledges that certain affiliates of the Consultant provide real estate brokerage and management services for which they are paid brokerage, development, leasing, management and similar fees. In connection with the Services and with the prior written permission of the Client, such affiliates may be engaged to provide such services in consideration for the payment of such fees.

B. Applicable Laws: The Consultant will abide by all laws, rules and regulations applicable to the provision of the Services.

C. Insurance: The Consultant will carry all employee insurance necessary to comply with applicable state and federal laws.

D. Third Party Beneficiaries: This Agreement is for the sole benefit of the parties to this Agreement and their permitted successors and assigns. Nothing in this Agreement, whether express or implied, is intended to or will confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.

E. Publicity: The Client agrees that the Consultant may, from time-to-time, use the Client’s name, logo and other identifying information on the Consultant’s website and in marketing and sales materials.

F. Entire Agreement: This Agreement, together with any exhibits or amendments hereto, constitutes the entire agreement of the parties, as a complete and final integration thereof with respect to its subject matter. Any prior written or oral understandings and agreements between the parties are merged into this Agreement, which alone fully and completely expresses their understanding. No representation, warranty, or covenant made by any party which is not contained in this Agreement or expressly referred to herein has been relied on by any party in entering into this Agreement.

G. Further Assurances: Each party hereby agrees to perform any further acts and to execute and deliver any documents which may be reasonably necessary to carry out the provisions of this Agreement.

H. Force Majeure: Neither party to this Agreement will hold the other party responsible for damages or delay in performance caused by acts of God, strikes, lockouts or other circumstances beyond the reasonable control of the other or the other party’s employees, agents or contractors.

I. Limitation on Liability; Sole Remedy: Each party’s liability to the other party arising out of or related to this Agreement or the Services will not exceed the amount of the Consulting Fee. The Client’s sole remedy in the event of any alleged breach of this Agreement by the Consultant will be the notice, cure and refund provisions of Section 6(B) of this Agreement.

J. Amendment in Writing: This Agreement may not be amended, modified, altered, changed, terminated, or waived in any respect whatsoever, except by a further agreement in writing, properly executed by a duly authorized officer of the Consultant and the Client Representative, acting for and on behalf of the Client.

K. Binding Effect: This Agreement will bind the parties and their respective successors and assigns. If any provision in this Agreement will be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby.

L. Captions: The captions of this Agreement are for convenience and reference only, are not a part of this Agreement and in no way define, describe, extend, or limit the scope or intent of this Agreement.

M. Construction: This Agreement will be construed in its entirety according to its plain meaning and will not be construed against the party who provided or drafted it.

N. Prohibition on Assignment: No party to this Agreement may assign its interests or obligations hereunder without the written consent of the other party obtained in advance of any such assignment. No such assignment will in any manner whatsoever relieve any party from its obligations and duties hereunder and such assigning party will in all respects remain liable hereunder irrespective of such assignment.

O. Waiver: Non-enforcement of any provision of this Agreement by either party will not constitute a waiver of that provision, nor will it affect the enforceability of that provision or of the remaining terms and conditions of this Agreement.

P. Survival: Section 5 and Section 9(H) will survive termination of this Agreement.

Q. Counterparts; Electronic Transmission: This Agreement may be executed in counterparts, each of which will be deemed to be an original, and such counterparts will, together, constitute and be one and the same instrument. A signed copy of this Agreement delivered by telecopy, electronic transmission or other similar means will be deemed to have the same legal effect as delivery of an original signed copy of this Agreement. [SIGNATURE PAGES FOLLOW]
1/3930930.7
IN WITNESS WHEREOF, the Client and the Consultant have caused this Agreement to be executed by their duly authorized officers to be effective as of the Effective Date.

CLIENT:

Coalinga, CA
By: ______________________________
Name:

Title:

Date:

CONSULTANT:

RETAIL STRATEGIES, LLC
By: ______________________________
Name:

Title:

Date
1/3930930.7

EXHIBIT A
I. CONSULTANT AGREEMENT
This section outlines what Retail Strategies (the “consultant”) will provide to Coalinga, CA (the “client”).

A. Research

1. Identify market retail trade area using political boundaries, drive times and radii and custom boundary geographies

2. Perform market and retail GAP analysis for trade area (i.e. leakage and surplus)

3. Conduct retail peer market analysis

4. Competition analysis of identified target zones trade area(s)

5. Tapestry lifestyles – psychographic profile of trade area / market segmentation analysis

6. Customized retail market guide including aerial map with existing national retailer brands and traffic counts

7. Retail competitor mapping/analysis

8. Analysis of future retail space requirements in relation to the retail market analysis, the market’s growth potential and trends in the retail industry

9. Identification of at minimum 30 retail prospects to be targeted for recruitment over three-year engagement

10. Updates provided on retail industry trends

11. Custom on-demand demographic research – historical, current, and projected demographics – to include market trade areas by radius/drive time, and custom trade area
B. Boots on the Ground Analysis

1. Identify/Evaluate/Catalog priority commercial properties for development, redevelopment and higher and best use opportunities

2. Identification of priority business categories for recruitment and/or local expansion

3. Perform competitive analysis of existing shopping centers and retail corridors

4. Active outreach to local brokers and land owners
C. Retail Recruitment

1. Pro-active retail recruitment for targeted zones

2. Will contact a minimum of 30 retailers, restaurants, brokers and/or developers

3. Updates on new activity will be provided to Client’s designated primary point of contact (Sec. II-A) via Basecamp, telephone, or email on a monthly and/or as needed basis

4. One market visit per calendar year included in agreement, any travel outside of the agreement shall be approved and paid for by the contracting entity

5. ICSC conference representation- updates provided according to the yearly conference schedule

STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE

AUTHORITY
Subject: Discussion, Direction and PotentialAction regarding Authorizing Annual Stipend of $15,000 Payable to Coalinga Area Chamber of Commerce for FY 22 and Adopt Resolution No. 4096 Authorizing FY 22 Stipend to Coalinga Area Chamber of Commerce
Meeting Date: Thursday, June 16, 2022
From: Marissa Trejo, City Manager
Prepared by: Marissa Trejo, City Manager
I. RECOMMENDATION:

City Manager recommends authorizing payment of $15,000 annual stipend to Coalinga Area Chamber of Commerce for FY 22
II. BACKGROUND:

On July 1, 2021, Council discussed a stipend of $15,000 payable to the Coalinga Area Chamber of Commerce for FiscalYear 2022.

The vote of the Council was to approve the stipend with the following conditions:

1. Contract with an independent auditor to perform an Assurance Audit to confirm the Coalinga Area Chamber of Commerce organization is free of fraud and misuse of funds prior to the stipend being paid out.

III. DISCUSSION:

The Coalinga Area Chamber of Commerce provided copies of its 2019, 2020 and 2021 tax returns to the City of Coalinga on May 19, 2022.

On June 6, 2022, the City of Coalinga received copies of the bank statements for the Coalinga Area Chamber of Commerce for the periods of January 2019 through December 2021.

The City has reached out to the City's Auditor regarding an Assurance Audit and has the following concerns:

1. There is not enough time to have the audit completed to pay the stipend for FY 22;

2. The audit would be costly;

3. The auditors may or may not be able to detect any sort of fraud.

The City Auditor recommended the City review the bank statements and tax returns to make its own determination.

City Manager Trejo has reviewed the tax returns and bank statements and did not detect any reasons to withhold the stipend for FY 22.

The tax returns and bank statements are also attached to this agenda item for Council review.

At this time, the Council needs to make a determination on whether or not the City will pay the $15,000 stipend to the Coalinga Area Chamber of Commerce for FY 22.

If so, the Resolution must be approved.

IV. ALTERNATIVES:

Do not authorize payment.

V. FISCAL IMPACT:
$15,000 from ARPA funds (previously allocated).

ATTACHMENTS:

File Name Description
Chamber_of_Commerce_Bank_Statements.pdf Chamber Bank Statements Coalinga_Chamber_of_Commerce_Tax_Filings_2019.pdf 2019 Taxes Coalinga_Chamber_of_Commerce_Tax_Filings_2020.pdf 2020 Taxes Coalinga_Chamber_of_Commerce_Tax_Filings_2021.pdf 2021 Taxes Resolution_4096.doc Resolution 4096

IRS e-file Signature Authorization
for an Exempt Organization OMB No. 1545-1878 Form 8879-EO For calendar year 2019, or fiscal year beginning , 2019, and ending , 20 Department of the Treasury
G Do not send to the IRS. Keep for your records. 2019
G Go to www.irs.gov/Form8879EO for the latest information. Internal Revenue Service Name of exempt organization Employer identification number Name and title of officer
Part I Type of Return and Return Information (Whole Dollars Only) Check the box for the return for which you are using this Form 8879-EO and enter the applicable amount, if any, from the return. If you check the box on line 1a, 2a, 3a, 4a, or 5a, below, and the amount on that line for the return being filed with this form was blank, then leave line 1b, 2b, 3b, 4b, or 5b, whichever is applicable, blank (do not enter -0-). But, if you entered -0- on the return, then enter -0- on the applicable line below. Do not complete more than one line in Part I. 1 a b Form 990 check here. . . . . G Total revenue, if any (Form 990, Part VIII, column (A), line 12). . . . . . . . . 1 b 2 a Form 990-EZ check here . . . . . G b Total revenue, if any (Form 990-EZ, line 9). . . . . . . . . . . . . . . . . . . . . . . . 2 b 3 a Form 1120-POL check here. . . . . . G b Total tax (Form 1120-POL, line 22). . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 b 4 a Form 990-PF check here . . . . . G b Tax based on investment income (Form 990-PF, Part VI, line 5). . . . 4 b 5 a b Form 8868 check here. . . . G Balance Due (Form 8868, line 3c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 b Part II Declaration and Signature Authorization of Officer Under penalties of perjury, I declare that I am an officer of the above organization and that I have examined a copy of the organization's 2019 electronic return and accompanying schedules and statements and to the best of my knowledge and belief, they are true, correct, and complete.

I further declare that the amount in Part I above is the amount shown on the copy of the organization's electronic return. I consent to allow my intermediate service provider, transmitter, or electronic return originator (ERO) to send the organization's return to the IRS and to receive from the IRS (a) an acknowledgement of receipt or reason for rejection of the transmission, (b) the reason for any delay in processing the return or refund, and (c) the date of any refund. If applicable, I authorize the U.S. Treasury and its designated Financial Agent to initiate an electronic funds withdrawal (direct debit) entry to the financial institution account indicated in the tax preparation software for payment of the organization's federal taxes owed on this return, and the financial institution to debit the entry to this account. To revoke a payment, I must contact the U.S. Treasury Financial Agent at 1-888-353-4537 no later than 2 business days prior to the payment (settlement) date. I also authorize the financial institutions involved in the processing of the electronic payment of taxes to receive confidential information necessary to answer inquiries and resolve issues related to the payment. I have selected a personal identification number (PIN) as my signature for the organization's electronic return and, if applicable, the organization's consent to electronic funds withdrawal.

Officer's PIN: check one box only
I authorize to enter my PIN as my signature
ERO firm name Enter five numbers, but
do not enter all zeros
on the organization's tax year 2019 electronically filed return. If I have indicated within this return that a copy of the return is being filed with a state agency(ies) regulating charities as part of the IRS Fed/State program, I also authorize the aforementioned ERO to enter my PIN on the return's disclosure consent screen.

As an officer of the organization, I will enter my PIN as my signature on the organization's tax year 2019 electronically filed return. If I have indicated within this return that a copy of the return is being filed with a state agency(ies) regulating charities as part of the IRS Fed/State program, I will enter my PIN on the return's disclosure consent screen.

Officer's signature G Date G
Part III Certification and Authentication
ERO's EFIN/PIN. Enter your six-digit electronic filing identification number (EFIN) followed by your five-digit self-selected PIN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Do not enter all zeros
I certify that the above numeric entry is my PIN, which is my signature on the 2019 electronically filed return for the organization indicated above. I confirm that I am submitting this return in accordance with the requirements of Pub. 4163, Modernized e-File (MeF) Information for Authorized IRS e-file Providers for Business Returns.

ERO's signature G Date G
ERO Must Retain This Form ' See Instructions
Do Not Submit This Form to the IRS Unless Requested To Do So BAA For Paperwork Reduction Act Notice, see instructions. Form 8879-EO (2019) TEEA7401L 06/27/19
COALINGA AREA CHAMBER OF COMMERCE 94-0391616
SCOTT NETHERTON CUR. EXEC DIR
X 124,418.

X HUDSON HENDERSON & COMPANY, INC. 00348
77728333860

BRIAN HENDERSON
05/16/2022
05/16/2022
059
Date Accepted DO NOT MAIL THIS FORM TO THE FTB
TAXABLE YEAR California e-file Return Authorization for FORM 2019 Exempt Organizations 8453-EO
Exempt Organization name Identifying number
Part I Electronic Return Information (whole dollars only) 1 Total gross receipts (Form 199, line 4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 Total gross income (Form 199, line 8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Total expenses and disbursements (Form 199, Line 9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Part II Settle Your Account Electronically for Taxable Year 2019 4 Electronic funds withdrawal 4a Amount 4b Withdrawal date (mm/dd/yyyy) Part III Banking Information (Have you verified the exempt organization's banking information?) 5 Routing number
6 Account number 7 Type of account: Checking Savings
Part IV Declaration of Officer
I authorize the exempt organization's account to be settled as designated in Part II. If I check Part II, Box 4, I authorize an electronic funds withdrawal for the amount listed on line 4a.

Under penalties of perjury, I declare that I am an officer of the above exempt organization and that the information I provided to my electronic return originator (ERO), transmitter, or intermediate service provider and the amounts in Part I above agree with the amounts on the corresponding lines of the exempt organization's 2019 California electronic return. To the best of my knowledge and belief, the exempt organization's return is true, correct, and complete. If the exempt organization is filing a balance due return, I understand that if the Franchise Tax Board (FTB) does not receive full and timely payment of the exempt organization's fee liability, the exempt organization will remain liable for the fee liability and all applicable interest and penalties. I authorize the exempt organization return and accompanying schedules and statements be transmitted to the FTB by the ERO, transmitter, or intermediate service provider. If the processing of the exempt organization's return or refund is delayed, I authorize the FTB to disclose to the ERO or intermediate service provider the reason(s) for the delay.

Sign A A
Here Signature of officer Date Title
Part V Declaration of Electronic Return Originator (ERO) and Paid Preparer. See instructions.

I declare that I have reviewed the above exempt organization's return and that the entries on form FTB 8453-EO are complete and correct to the best of my knowledge. (If I am only an intermediate service provider, I understand that I am not responsible for reviewing the exempt organization's return. I declare, however, that form FTB 8453-EO accurately reflects the data on the return.) I have obtained the organization officer's signature on form FTB 8453-EO before transmitting this return to the FTB; I have provided the organization officer with a copy of all forms and information that I will file with the FTB, and I have followed all other requirements described in FTB Pub. 1345, 2019 Handbook for Authorized e-file Providers. I will keep form FTB 8453-EO on file for four years from the due date of the return or four years from the date the exempt organization return is filed, whichever is later, and I will make a copy available to the FTB upon request. If I am also the paid preparer, under penalties of perjury, I declare that I have examined the above exempt organization's return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete. I make this declaration based on all information of which I have knowledge.

Date Check if Check if ERO's PTIN
ERO's A also paid selfsignature preparer employed
ERO Firm's FEIN Must Firm's name (or yours
if self-employed) A Sign and address ZIP code
Under penalties of perjury, I declare that I have examined the above organization's return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete. I make this declaration based on all information of which I have knowledge.

Date Paid preparer's PTIN Paid
preparer's Check if
Paid signature A self-employed
Preparer Firm's FEIN
Must Firm's name
(or yours if self- A Sign employed) and ZIP code address For Privacy Notice, get FTB 1131 ENG/SP. FTB 8453-EO 2019 CAEA7001L 09/13/19
COALINGA AREA CHAMBER OF COMMERCE 94-0391616
329,667.
329,667.
338,537.

CUR. EXEC DIR
BRIAN HENDERSON 5/16/22 X P01814976
HUDSON HENDERSON & COMPANY, INC.
7473 N. INGRAM, SUITE 102 81-1741762
FRESNO CA 93711
05/16/2022
TRANSACTION DETAILS DOCUMENT DETAILS
Reference Number
84A498C6-2E26-41D3-A8CB-872C449A29A8
Transaction Type
Signature Request
Sent At
05/16/2022 17:15 EDT
Executed At
05/16/2022 17:43 EDT
Identity Method
email
Distribution Method
email
Signed Checksum
229abc24fcc6043166339e6c847cd99550b5afaf4145dc8619b93ab935e53c1f Signer Sequencing
Disabled
Document Passcode
Disabled
Document Name
Ef Forms Only Return For 348 Chamber
Filename
ef_forms_only_return_for_348_chamber.pdf
Pages
2 pages
Content Type
application/pdf
File Size
998 KB
Original Checksum
b893442e749e15f324ee4ef86fcaa2f80721266911f35f4cf58c4942588588d1

S I G N E R S

SIGNER E-SIGNATURE EVENTS
Name
Scott Netherton
Email
[email protected]
Components
4 Status
signed
Multi-factor Digital Fingerprint Checksum
8f23fad965291c0ae89e4520fbf54040dd1345d8c76b491f3d1d0b1b1c4ddf9f IP Address
107.211.25.232
Device
Chrome via Windows
Typed Signature
Signature Reference ID
D3677B8F
Viewed At
05/16/2022 17:35 EDT
Identity Authenticated At
05/16/2022 17:42 EDT
Signed At
05/16/2022 17:43 EDT
Name
Brian Henderson
Email
[email protected]
Components
3 Status
signed
Multi-factor Digital Fingerprint Checksum
650eb3228ec5af64eddbaf61d362baee9b70742d9c6fbe93383c04643a5b7724 IP Address
104.185.68.81
Device
Chrome via Windows
Typed Signature
Signature Reference ID
3F27899F
Viewed At
05/16/2022 17:16 EDT
Identity Authenticated At
05/16/2022 17:16 EDT
Signed At
05/16/2022 17:16 EDT

A U D I T S
S I G N A T U R E C E R T I F I C A T E
R E F E R E N C E N U M B E R
84A498C6-2E26-41D3-A8CB-872C449A29A8

TIMESTAMP AUDIT
05/16/2022 17:15 EDT Marcy Sigler ([email protected]) created document 'ef_forms_only_return_for_348_chamber.pdf' on Chrome via Windows from 104.185.68.81. 05/16/2022 17:15 EDT Brian Henderson ([email protected]) was emailed a link to sign. 05/16/2022 17:15 EDT Scott Netherton ([email protected]) was emailed a link to sign. 05/16/2022 17:16 EDT Brian Henderson ([email protected]) viewed the document on Chrome via Windows from 104.185.68.81.
05/16/2022 17:16 EDT Brian Henderson ([email protected]) authenticated via email on Chrome via Windows from 104.185.68.81.
05/16/2022 17:16 EDT Brian Henderson ([email protected]) signed the document on Chrome via Windows from 104.185.68.81.
05/16/2022 17:35 EDT Scott Netherton ([email protected]) viewed the document on Chrome via Windows from 107.211.25.232.
05/16/2022 17:42 EDT Scott Netherton ([email protected]) authenticated via email on Chrome via Windows from 107.211.25.232.
05/16/2022 17:43 EDT Scott Netherton ([email protected]) signed the document on Chrome via Windows from 107.211.25.232.

IRS e-file Signature Authorization
for an Exempt Organization OMB No. 1545-0047 Form 8879-EO For calendar year 2020, or fiscal year beginning , 2020, and ending , 20 Department of the Treasury
G Do not send to the IRS. Keep for your records. 2020
G Go to www.irs.gov/Form8879EO for the latest information. Internal Revenue Service Name of exempt organization or person subject to tax Taxpayer identification number Name and title of officer or person subject to tax
Part I Type of Return and Return Information (Whole Dollars Only) Check the box for the return for which you are using this Form 8879-EO and enter the applicable amount, if any, from the return. If you check the box on line 1a, 2a, 3a, 4a, 5a, 6a, or 7a below, and the amount on that line for the return being filed with this form was blank, then leave line 1b, 2b, 3b, 4b, 5b, 6b, or 7b, whichever is applicable, blank (do not enter -0-). But, if you entered -0- on the return, then enter -0- on the applicable line below. Do not complete more than one line in Part I. 1 a Form 990 check here. . . . . G b Total revenue, if any (Form 990, Part VIII, column (A), line 12). . . . . . . . . 1 b 2 a Form 990-EZ check here . . . . . G b Total revenue, if any (Form 990-EZ, line 9). . . . . . . . . . . . . . . . . . . . . . . . 2 b 3 a Form 1120-POL check here. . . . . . G b Total tax (Form 1120-POL, line 22). . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 b 4 a Form 990-PF check here . . . . . G b Tax based on investment income (Form 990-PF, Part VI, line 5). . . . 4 b 5 a b Form 8868 check here. . . . G Balance due (Form 8868, line 3c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 b 6 a b Form 990-T check here. . . G Total tax (Form 990-T, Part III, line 4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 b 7 a b Form 4720 check here. . . . G Total tax (Form 4720, Part III, line 1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 b Part II Declaration and Signature Authorization of Officer or Person Subject to Tax Under penalties of perjury, I declare that I am an officer of the above organization or I am a person subject to tax with respect to (name of organization) , (EIN)
and that I have examined a copy of the 2020 electronic return and accompanying schedules and statements, and, to the best of my knowledge and belief, they are true, correct, and complete. I further declare that the amount in Part I above is the amount shown on the copy of the electronic return. I consent to allow my intermediate service provider, transmitter, or electronic return originator (ERO) to send the return to the IRS and to receive from the IRS (a) an acknowledgement of receipt or reason for rejection of the transmission, (b) the reason for any delay in processing the return or refund, and (c) the date of any refund. If applicable, I authorize the U.S. Treasury and its designated Financial Agent to initiate an electronic funds withdrawal (direct debit) entry to the financial institution account indicated in the tax preparation software for payment of the federal taxes owed on this return, and the financial institution to debit the entry to this account. To revoke a payment, I must contact the U.S. Treasury Financial Agent at 1-888-353-4537 no later than 2 business days prior to the payment (settlement) date. I also authorize the financial institutions involved in the processing of the electronic payment of taxes to receive confidential information necessary to answer inquiries and resolve issues related to the payment. I have selected a personal identification number (PIN) as my signature for the electronic return and, if applicable, the consent to electronic funds withdrawal.

PIN: check one box only
I authorize to enter my PIN as my signature
ERO firm name Enter five numbers, but
do not enter all zeros
on the tax year 2020 electronically filed return. If I have indicated within this return that a copy of the return is being filed with a state agency (ies) regulating charities as part of the IRS Fed/State program, I also authorize the aforementioned ERO to enter my PIN on the return's disclosure consent screen.

As an officer or person subject to tax with respect to the organization, I will enter my PIN as my signature on the tax year 2020 electronically filed return. If I have indicated within this return that a copy of the return is being filed with a state agency(ies) regulating charities as part of the IRS Fed/State program, I will enter my PIN on the return's disclosure consent screen.

Signature of officer or person subject to tax G Date G
Part III Certification and Authentication
ERO's EFIN/PIN. Enter your six-digit electronic filing identification number (EFIN) followed by your five-digit self-selected PIN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Do not enter all zeros
I certify that the above numeric entry is my PIN, which is my signature on the 2020 electronically filed return indicated above. I confirm that I am submitting this return in accordance with the requirements of Pub. 4163, Modernized e-File (MeF) Information for Authorized IRS e-file Providers for Business Returns.

ERO's signature G Date G
ERO Must Retain This Form ' See Instructions
Do Not Submit This Form to the IRS Unless Requested To Do So BAA For Paperwork Reduction Act Notice, see instructions. TEEA7401L 01/19/21 Form 8879-EO (2020) COALINGA AREA CHAMBER OF COMMERCE 94-0391616

SCOTT NETHERTON CUR EXEC DIR
X 66,929.

X
X HUDSON HENDERSON & COMPANY, INC. 00348
77728333860

BRIAN HENDERSON
05/19/2022
05/19/2022
059
Date Accepted DO NOT MAIL THIS FORM TO THE FTB
TAXABLE YEAR California e-file Return Authorization for FORM 2020 Exempt Organizations 8453-EO
Exempt Organization name Identifying number
Part I Electronic Return Information (whole dollars only) 1 Total gross receipts (Form 199, line 4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 Total gross income (Form 199, line 8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Total expenses and disbursements (Form 199, line 9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Part II Settle Your Account Electronically for Taxable Year 2020 4 Electronic funds withdrawal 4a Amount 4b Withdrawal date (mm/dd/yyyy) Part III Banking Information (Have you verified the exempt organization's banking information?) 5 Routing number
6 Account number 7 Type of account: Checking Savings
Part IV Declaration of Officer
I authorize the exempt organization's account to be settled as designated in Part II. If I check Part II, Box 4, I authorize an electronic funds withdrawal for the amount listed on line 4a.

Under penalties of perjury, I declare that I am an officer of the above exempt organization and that the information I provided to my electronic return originator (ERO), transmitter, or intermediate service provider and the amounts in Part I above agree with the amounts on the corresponding lines of the exempt organization's 2020 California electronic return. To the best of my knowledge and belief, the exempt organization's return is true, correct, and complete. If the exempt organization is filing a balance due return, I understand that if the Franchise Tax Board (FTB) does not receive full and timely payment of the exempt organization's fee liability, the exempt organization will remain liable for the fee liability and all applicable interest and penalties. I authorize the exempt organization return and accompanying schedules and statements be transmitted to the FTB by the ERO, transmitter, or intermediate service provider. If the processing of the exempt organization's return or refund is delayed, I authorize the FTB to disclose to the ERO or intermediate service provider the reason(s) for the delay.

Sign A A
Here Signature of officer Date Title
Part V Declaration of Electronic Return Originator (ERO) and Paid Preparer. See instructions.

I declare that I have reviewed the above exempt organization's return and that the entries on form FTB 8453-EO are complete and correct to the best of my knowledge. (If I am only an intermediate service provider, I understand that I am not responsible for reviewing the exempt organization's return. I declare, however, that form FTB 8453-EO accurately reflects the data on the return.) I have obtained the organization officer's signature on form FTB 8453-EO before transmitting this return to the FTB; I have provided the organization officer with a copy of all forms and information that I will file with the FTB, and I have followed all other requirements described in FTB Pub. 1345, 2020 Handbook for Authorized e-file Providers. I will keep form FTB 8453-EO on file for four years from the due date of the return or four years from the date the exempt organization return is filed, whichever is later, and I will make a copy available to the FTB upon request. If I am also the paid preparer, under penalties of perjury, I declare that I have examined the above exempt organization's return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete. I make this declaration based on all information of which I have knowledge.

Date Paid preparer's PTIN Paid
preparer's Check if
Paid signature A self-employed
Preparer Firm's FEIN
Must Firm's name
(or yours if self- A Sign employed) and ZIP code address For Privacy Notice, get FTB 1131 ENG/SP. FTB 8453-EO 2020 CAEA7001L 11/24/20
COALINGA AREA CHAMBER OF COMMERCE 94-0391616
112,456.
112,456.
167,442.

CUR EXEC DIR
BRIAN HENDERSON 5/19/22 X P01814976
HUDSON HENDERSON & COMPANY, INC.
7473 N. INGRAM, SUITE 102 81-1741762
FRESNO CA 93711
05/19/2022
TRANSACTION DETAILS DOCUMENT DETAILS
Reference Number
72614F62-7F71-47ED-8ABA-84E7342AC66E
Transaction Type
Signature Request
Sent At
05/19/2022 11:57 EDT
Executed At
05/19/2022 12:17 EDT
Identity Method
email
Distribution Method
email
Signed Checksum
41f7793f2bdf35e350c6190ad7c38fb6710520ced6ea6459e8b933dbef542d03 Signer Sequencing
Disabled
Document Passcode
Disabled
Document Name
Ef Forms Only Return For 348 Chamber20
Filename
ef_forms_only_return_for_348_chamber20.pdf
Pages
2 pages
Content Type
application/pdf
File Size
998 KB
Original Checksum
af900f067899d150f1d7d4a039cebd6f20927c3be701212bc14574e6de7b0ef3

S I G N E R S

SIGNER E-SIGNATURE EVENTS
Name
Brian Henderson
Email
[email protected]
Components
3 Status
signed
Multi-factor Digital Fingerprint Checksum
425bb0b66e26cbc6682432f170295152a055e22d7f7af7c65076beac440d1b09 IP Address

96.86.148.53
Device
Chrome via Windows
Typed Signature
Signature Reference ID
171ACD12
Viewed At
05/19/2022 12:17 EDT
Identity Authenticated At
05/19/2022 12:17 EDT
Signed At
05/19/2022 12:17 EDT
Name
Scott Netherton
Email
[email protected]
Components
4 Status
signed
Multi-factor Digital Fingerprint Checksum
67f5347bbfc5b7f4d8ef129ab2439907ff6a1cf50bbe81341f5b1b14d755de59 IP Address
107.211.25.232
Device
Chrome via Windows
Typed Signature
Signature Reference ID
A820C50D
Viewed At
05/19/2022 12:06 EDT
Identity Authenticated At
05/19/2022 12:06 EDT
Signed At
05/19/2022 12:06 EDT

A U D I T S
S I G N A T U R E C E R T I F I C A T E
R E F E R E N C E N U M B E R
72614F62-7F71-47ED-8ABA-84E7342AC66E

TIMESTAMP AUDIT
05/19/2022 11:57 EDT Marcy Sigler ([email protected]) created document 'ef_forms_only_return_for_348_chamber20.pdf' on Chrome via Windows from 104.185.68.81. 05/19/2022 11:57 EDT Scott Netherton ([email protected]) was emailed a link to sign. 05/19/2022 11:57 EDT Brian Henderson ([email protected]) was emailed a link to sign. 05/19/2022 12:06 EDT Scott Netherton ([email protected]) viewed the document on Chrome via Windows from 107.211.25.232.
05/19/2022 12:06 EDT Scott Netherton ([email protected]) authenticated via email on Chrome via Windows from 107.211.25.232.
05/19/2022 12:06 EDT Scott Netherton ([email protected]) signed the document on Chrome via Windows from 107.211.25.232.
05/19/2022 12:17 EDT Brian Henderson ([email protected]) viewed the document on Chrome via Windows from

96.86.148.53.
05/19/2022 12:17 EDT Brian Henderson ([email protected]) authenticated via email on Chrome via Windows from 96.86.148.53.
05/19/2022 12:17 EDT Brian Henderson ([email protected]) signed the document on Chrome via Windows from

96.86.148.53.

OMB No. 1545-0047 IRS e-file Signature Authorization Form 8879-TE for a Tax Exempt Entity For calendar year 2021, or fiscal year beginning , 2021, and ending , 20 G Do not send to the IRS. Keep for your records. 2021
Department of the Treasury
Internal Revenue Service G Go to www.irs.gov/Form8879TE for the latest information.

Name of filer EIN or SSN
Name and title of officer or person subject to tax
Part I Type of Return and Return Information
Check the box for the return for which you are using this Form 8879-TE and enter the applicable amount, if any, from the return. Form 8038-CP and Form 5330 filers may enter dollars and cents. For all other forms, enter whole dollars only. If you check the box on line 1a, 2a, 3a, 4a, 5a, 6a, 7a, 8a, 9a, or 10a below, and the amount on that line for the return being filed with this form was blank, then leave line 1b, 2b, 3b, 4b, 5b, 6b, 7b, 8b, 9b, or 10b, whichever is applicable, blank (do not enter -0-). But, if you entered -0- on the return, then enter -0- on the applicable line below. Do not complete more than one line in Part I. 1a Form 990 check here. . . . . . G b Total revenue, if any (Form 990, Part VIII, column (A), line 12). . . . . . . . . . . . 1b 2a Form 990-EZ check here . . G b Total revenue, if any (Form 990-EZ, line 9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2b 3a Form 1120-POL check hereG b Total tax (Form 1120-POL, line 22) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3b 4a Form 990-PF check here . . G b Tax based on investment income (Form 990-PF, Part V, line 5). . . . . . . . . . . 4b 5a Form 8868 check here. . . . . G b Balance due (Form 8868, line 3c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5b 6a Form 990-T check here. . . . G b Total tax (Form 990-T, Part III, line 4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6b 7a Form 4720 check here. . . . . G b Total tax (Form 4720, Part III, line 1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7b 8a Form 5227 check here. . . . . G b FMV of assets at end of tax year (Form 5227, Item D). . . . . . . . . . . . . . . . . . . . . 8b 9a Form 5330 check here. . . . . G b Tax due (Form 5330, Part II, line 19). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9b 10a Form 8038-CP check here. G b Amount of credit payment requested (Form 8038-CP, Part III, line 22). . . . 10b Part II Declaration and Signature Authorization of Officer or Person Subject to Tax Under penalties of perjury, I declare that I am an officer of the above entity or I am a person subject to tax with respect to (name of entity) , (EIN)
and that I have examined a copy of the 2021 electronic return and accompanying schedules and statements, and, to the best of my knowledge and belief, they are true, correct, and complete. I further declare that the amount in Part I above is the amount shown on the copy of the electronic return. I consent to allow my intermediate service provider, transmitter, or electronic return originator (ERO) to send the return to the IRS and to receive from the IRS (a) an acknowledgement of receipt or reason for rejection of the transmission, (b) the reason for any delay in processing the return or refund, and (c) the date of any refund. If applicable, I authorize the U.S. Treasury and its designated Financial Agent to initiate an electronic funds withdrawal (direct debit) entry to the financial institution account indicated in the tax preparation software for payment of the federal taxes owed on this return, and the financial institution to debit the entry to this account. To revoke a payment, I must contact the U.S. Treasury Financial Agent at 1-888-353-4537 no later than 2 business days prior to the payment (settlement) date. I also authorize the financial institutions involved in the processing of the electronic payment of taxes to receive confidential information necessary to answer inquiries and resolve issues related to the payment. I have selected a personal identification number (PIN) as my signature for the electronic return and, if applicable, the consent to electronic funds withdrawal.

PIN: check one box only
I authorize to enter my PIN as my signature
ERO firm name Enter five numbers, but
do not enter all zeros
on the tax year 2021 electronically filed return. If I have indicated within this return that a copy of the return is being filed with a state agency(ies) regulating charities as part of the IRS Fed/State program, I also authorize the aforementioned ERO to enter my PIN on the return's disclosure consent screen.

As an officer or person subject to tax with respect to the entity, I will enter my PIN as my signature on the tax year 2021 electronically filed return. If I have indicated within this return that a copy of the return is being filed with a state agency(ies) regulating charities as part of the IRS Fed/State program, I will enter my PIN on the return's disclosure consent screen.

Do not enter all zeros
I certify that the above numeric entry is my PIN, which is my signature on the 2021 electronically filed return indicated above. I confirm that I am submitting this return in accordance with the requirements of Pub. 4163, Modernized e-File (MeF) Information for Authorized IRS e-file Providers for Business Returns.

ERO's signature G Date G
ERO Must Retain This Form ' See Instructions
Do Not Submit This Form to the IRS Unless Requested To Do So BAA For Privacy and Paperwork Reduction Act Notice, see instructions. TEEA8800L 11/29/21 Form 8879-TE (2021) COALINGA AREA CHAMBER OF COMMERCE 94-0391616

SCOTT NETHERTON CUR EXEC DIR
X 119,720.

X
X HUDSON HENDERSON & COMPANY, INC. 00348
77728333860

BRIAN HENDERSON
05/19/2022
05/19/2022
059
Date Accepted DO NOT MAIL THIS FORM TO THE FTB
TAXABLE YEAR California e-file Return Authorization for FORM 2021 Exempt Organizations 8453-EO
Exempt Organization name Identifying number
Part I Electronic Return Information (whole dollars only) 1 Total gross receipts (Form 199, line 4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 Total gross income (Form 199, line 8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Total expenses and disbursements (Form 199, line 9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Part II Settle Your Account Electronically for Taxable Year 2021 4 Electronic funds withdrawal 4a Amount 4b Withdrawal date (mm/dd/yyyy) Part III Banking Information (Have you verified the exempt organization's banking information?) 5 Routing number
6 Account number 7 Type of account: Checking Savings
Part IV Declaration of Officer
I authorize the exempt organization's account to be settled as designated in Part II. If I check Part II, box 4, I authorize an electronic funds withdrawal for the amount listed on line 4a.

Under penalties of perjury, I declare that I am an officer of the above exempt organization and that the information I provided to my electronic return originator (ERO), transmitter, or intermediate service provider and the amounts in Part I above agree with the amounts on the corresponding lines of the exempt organization's 2021 California electronic return. To the best of my knowledge and belief, the exempt organization's return is true, correct, and complete. If the exempt organization is filing a balance due return, I understand that if the Franchise Tax Board (FTB) does not receive full and timely payment of the exempt organization's fee liability, the exempt organization will remain liable for the fee liability and all applicable interest and penalties. I authorize the exempt organization return and accompanying schedules and statements be transmitted to the FTB by the ERO, transmitter, or intermediate service provider. If the processing of the exempt organization's return or refund is delayed, I authorize the FTB to disclose to the ERO or intermediate service provider the reason(s) for the delay.

Sign A A
Here Signature of officer Date Title
Part V Declaration of Electronic Return Originator (ERO) and Paid Preparer. See instructions.

I declare that I have reviewed the above exempt organization's return and that the entries on form FTB 8453-EO are complete and correct to the best of my knowledge. (If I am only an intermediate service provider, I understand that I am not responsible for reviewing the exempt organization's return. I declare, however, that form FTB 8453-EO accurately reflects the data on the return.) I have obtained the organization officer's signature on form FTB 8453-EO before transmitting this return to the FTB; I have provided the organization officer with a copy of all forms and information that I will file with the FTB, and I have followed all other requirements described in FTB Pub. 1345, 2021 Handbook for Authorized e-file Providers. I will keep form FTB 8453-EO on file for four years from the due date of the return or four years from the date the exempt organization return is filed, whichever is later, and I will make a copy available to the FTB upon request. If I am also the paid preparer, under penalties of perjury, I declare that I have examined the above exempt organization's return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete. I make this declaration based on all information of which I have knowledge.

Date Paid preparer's PTIN Paid
preparer's Check if
Paid signature A self-employed
Preparer Firm's FEIN
Must Firm's name
(or yours if self- A Sign employed) and ZIP code address FTB 8453-EO 2021
CAEA7001L 12/06/21
COALINGA AREA CHAMBER OF COMMERCE 94-0391616
217,164.
217,164.
180,985.

CUR EXEC DIR
BRIAN HENDERSON 5/19/22 X P01814976
HUDSON HENDERSON & COMPANY, INC.
7473 N. INGRAM, SUITE 102 81-1741762
FRESNO CA 93711
05/19/2022
TRANSACTION DETAILS DOCUMENT DETAILS
Reference Number
2858D012-0066-478F-A0C5-04C0DE925935
Transaction Type
Signature Request
Sent At
05/19/2022 12:06 EDT
Executed At
05/19/2022 12:17 EDT
Identity Method
email
Distribution Method
email
Signed Checksum
0afe861cdb73f89b41a49f3e9c12d165c5bdba544603805ce97c52f3cf055095 Signer Sequencing
Disabled
Document Passcode
Disabled
Document Name
Ef Forms Only Return For 348 Chamber21
Filename
ef_forms_only_return_for_348_chamber21.pdf
Pages
2 pages
Content Type
application/pdf
File Size
999 KB
Original Checksum
f22aa2302e45616641cc6537f739037518d1bcfe51ffc6c7e5cd4f7481a6dbf7

S I G N E R S

SIGNER E-SIGNATURE EVENTS
Name
Brian Henderson
Email
[email protected]
Components
3 Status
signed
Multi-factor Digital Fingerprint Checksum
0f654c8300db1a2c3124319b45696821b5e168627d258c00075665f36438b283 IP Address

96.86.148.53
Device
Chrome via Windows
Typed Signature
Signature Reference ID
396B3C65
Viewed At
05/19/2022 12:17 EDT
Identity Authenticated At
05/19/2022 12:17 EDT
Signed At
05/19/2022 12:17 EDT
Name
Scott Netherton
Email
[email protected]
Components
4 Status
signed
Multi-factor Digital Fingerprint Checksum
8eb16aa0f60b0d8fc230ab5a22dbc27eb499aca14d37a3a9479539a52c2e1c25 IP Address
107.211.25.232
Device
Chrome via Windows
Typed Signature
Signature Reference ID
430DE026
Viewed At
05/19/2022 12:08 EDT
Identity Authenticated At
05/19/2022 12:08 EDT
Signed At
05/19/2022 12:08 EDT

A U D I T S
S I G N A T U R E C E R T I F I C A T E
R E F E R E N C E N U M B E R
2858D012-0066-478F-A0C5-04C0DE925935

TIMESTAMP AUDIT
05/19/2022 12:06 EDT Marcy Sigler ([email protected]) created document 'ef_forms_only_return_for_348_chamber21.pdf' on Chrome via Windows from 104.185.68.81. 05/19/2022 12:06 EDT Brian Henderson ([email protected]) was emailed a link to sign. 05/19/2022 12:06 EDT Scott Netherton ([email protected]) was emailed a link to sign. 05/19/2022 12:08 EDT Scott Netherton ([email protected]) viewed the document on Chrome via Windows from 107.211.25.232.
05/19/2022 12:08 EDT Scott Netherton ([email protected]) authenticated via email on Chrome via Windows from 107.211.25.232.
05/19/2022 12:08 EDT Scott Netherton ([email protected]) signed the document on Chrome via Windows from 107.211.25.232.
05/19/2022 12:17 EDT Brian Henderson ([email protected]) viewed the document on Chrome via Windows from

96.86.148.53.

RESOLUTION NO. 4096

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COALINGA AUTHORIZING FISCAL YEAR 2022 STIPEND TO

COALINGA AREA CHAMBER OF COMMERCE
WHEREAS, the City Manager and her staff have presented the City Council with copies of 2019, 2020, and 2021 tax returns for the Coalinga Area Chamber of Commerce; and WHEREAS, the City Manager and her staff have presented the City Council with copies of bank statements for 2019, 2020, and 2021 for the Coalinga Area Chamber of Commerce; and WHEREAS, the City Council has determined to authorize the payment of a stipend payable to the Coalinga Area Chamber of Commerce during Fiscal Year 20222 in the amount of fifteen thousand dollars ($15,000).

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Coalinga as follows:

1. The City Manager and her designees are authorized to implement and carry out the provisions of processing the payment to the Coalinga Area Chamber of Commerce in the amount of $15,000 during Fiscal Year 2022.

The foregoing resolution was approved and adopted at a regular meeting of the City Council of the City of Coalinga held on the16 day of June, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
______________________________
Mayor
ATTEST:
______________________________
City Clerk/Deputy City Clerk

STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE

AUTHORITY
Subject: Discussion and Direction regarding the Development of a Food Truck Regulatory Ordinance
Meeting Date: June 16, 2022
From: Marissa Trejo, City Manager
Prepared by: Sean Brewer, Community Development Director I. RECOMMENDATION:

Staff is requesting direction from the City Council regarding the possibility of developing regulations for food trucks.

II. BACKGROUND:

The current policy in place allows food trucks to operate at the City parking lot located at 6 th Street and Elm
Avenue on particular dates and times. Food trucks are also allowed to operate on properties zoned commercial or industrial within the City where there is an existing business present. The food truck shall not take up more than 3 parking stalls. Planning Commission and City Council have reviewed food truck regulations in the past however the discussions led to the food truck policy currently in place. Resolution No. 3772-B set a sunset date for a permanent ordinance to be drafted to establish land use regulations for mobile vendors within the City of Coalinga.

III. DISCUSSION:

In an effort to solicit discussion, the Community Development Department has provided some information that has been discussed in the past with both the Planning Commission and City Council.

With the street vendor ordinance in place the new definitions for a mobile vendor and mobile vendor vehicle will read as follows:

Mobile vendor. Any person that sells, or causes or allows another, whether as an employee or as an independent contractor leasing or renting equipment, to sellany food, drinks or merchandise on any street, or alley, by means of automobile, truck or any other registered vehicle or vessel. This does not include vendors vending from a public sidewalk (See Sidewalk Vendors Section 9-5.130). Mobile vendors must obtain a business license from the City of Coalinga prior to the start of business operations. Mobile Vendor shall not mean any person operating under a concession agreement or other agreement with the city as a party to the agreement. A mobile vendor is different from a peddler, who visits private residences to sell goods, as defined and regulated in Title 5, Chapter 9 of the Coalinga Municipal Code.

Mobile vendor vehicle. An automobile, truck or any other registered vehicle or vessel used by mobile vendors to sell their food, drinks or merchandise. Mobile vendor vehicle shall not include delivery vehicles used to transport food or drink from a store having a valid food permit to a customer's home or a vehicle transporting food or drink from a wholesale establishment to a retail outlet.

NOTE: The term Food Truck could be worked within the definition of mobile vendor or create a separate section for Food Trucks (temporary food facility) since the current definition only addresses public rights of way and mobility of vehicles not stationary placement.

Attached is a copy of regulations that are applicable to mobile vendors and how they are implemented today.

In addition to the City’s existing regulation, staff has attached several different ordinances that have been adopted by different cities and counties regulating food trucks and mobile vendors.

Within the attached and linked ordinances, there are few things that may want to be considered during an ordinance development:

Approval Process and/or Permit Type if any (Administrative, Planning Commission Approval, Conditional Use Permit or Temporary Use Permit)
Location/Zones Permitted (industrial, commercial, residential zones, vacant lots, existing businesses, on the street, parking lots, ect.)
Time Limitations
Distance from existing brick and mortar restaurants and residences Utilities (self-sufficient, can then hook up?)
Parking Standards (surface type, length of time, vacant lots or existing business, ADA Accessibility) Shallalcohol be permitted?
Hours of Operation
Noise Standards (music, loud speakers, sound from vehicle while driving) Signage (on site signage, free standing and vehicle signage) Type of Vehicle (self-propelled)
Concentration of Vendors
Ability to use tables, chairs, and canopy’s
License and Insurance Requirements (County Health Department, State, Local, General Liability) Toilet and Handwashing Station Requirements (if stationary for more than 1 hour or provides open air BBQ)
Trash and Site Cleanliness
Maintenance of Vehicles
Below are some links and attachments to various food truck ordinances as wellas which ordinances are located in the attached document.

City Code Link
Benicia 17.70.380 Section 17.70.380
Turlock 9-2-124 Ordinance attached
Los Banos 9-3.3602 Ordinance attached
Victorville 16-3.07.050 Link
Davis 22.05.210 Flyer in attachment
Colma 5.03 Link
Emeryville 5.27, 9-2.104, 9-7.606 Ordinance in attachment Claremont 8.04 Ordinance in attachment
Indian Wells Ord 680 Ordinance in attachment
Citrus Heights 106.42.250 Ordinance in attachment
IV. ALTERNATIVES:

None at this time.

V. FISCAL IMPACT:

None.

ATTACHMENTS:

File Name Description
Citrus_Heights_Staff_Report.pdf Citrus Heights Staff Report Citrus_Heights.pdf Citrus Heights Ordinance
Claremont.pdf City of Claremont
Davis_MobileFoodVendorRequirements_Final.pdf Davis MobileFoodVendorRequirements_Final Emeryville_Planning_Regulations_-_Temporary_Uses.pdf Emeryville Planning Regulations - Temporary Uses Emeryville_Sidewalk_and_Street_Vendor_Regulations.pdf Emeryville Sidewalk and Street Vendor Regulations Indian_Wells.pdf Indian Wells
Los_Banos.pdf Los Banos
Turlock.pdf Turlock
Coalinga_Mobile_Vendors_and_Temporary_Uses.pdf Coalinga Mobile Vendors and Temporary Uses Prepared by: Alison Bermudez, Associate Planner

REQUEST
The Planning Division requests the Planning Commission review the attached Ordinance Text Amendments in regards to the regulation of temporary uses and forward a recommendation to the City Council.

File Name: Zoning Ordinance Amendment – Temporary Uses
File Number: File # OTA-16-01

SUMMARY RECOMMENDATION
Staff recommends approval of the following motions:

A. Recommend the City Council determine that the proposed project is exempt from CEQA under Section 15061(b)(3); and
B. Recommend that the City Council approve the Ordinance Text Amendments as shown in Exhibits A through D in regards to temporary uses based on the findings contained in the staff report.

Background
Temporary uses are activities such as farmer’s markets, food trucks/mobile food vending, produce stands, special events (Spooktacular, Safety Fair, Car Shows, etc.), and other similar activities. These uses are currently regulated through various sections of the Zoning Code including the Itinerant Vending Section (for uses that “sell” goods) and the Temporary Use Section for other short-term activities.

Over the past year, the number of inquiries regarding temporary uses has increased. One request in particular has been in regards to mobile food vendors and food truck “round-ups”. Mobile food vending, also referred to as “food trucks”, was ranked by Forbes Magazine as the number one small business in 2011. With the increase in popularity, operators are always interested in new locations to park a food truck. Areas lacking in restaurants and seeking to create synergy are prime areas for this type of user.

Unfortunately, the City’s current regulations including the restrictions on vending time limits have not supported the growth in this industry. Therefore, in September 2015, staff held a study session with the City Council to seek direction to update the City’s zoning regulations to be more in-line with today’s trends not only on food trucks but other short-term activities including special events, reoccurring community events, and construction staging areas. At this study session, the City Council supported the staff’s request to amend the regulations and directed staff to include the business community in any outreach. A copy of staff’s presentation at the Study Session is provided as Attachment 1.

Proposed Changes
The proposal revises various sections of the Zoning Code to amend the standards for certain activities and expand the uses that are allowed through the Temporary Use Permit process. There are several sections of the Zoning Code that currently regulate these types of temporary uses including Section 106.42.106 (Itinerant Vending) and the permitting processes regulated through two sections, 106.62.030 and 106.62.070. The proposal is to classify all short-term activities as a “temporary use”

CITY OF CITRUS HEIGHTS

PLANNING DIVISION STAFF REPORT
PLANNING COMMISSION MEETING May 25, 2016
File # OTA-16-01
May 25, 2016 Page 2
and eliminate the independent section for itinerant vendors. In addition, other related sections of the Zoning Code will be updated including the definitions and the land use table. Combining all temporary uses into one section and updating the definitions will provide a more user-friendly Zoning Code.

Staff proposes a variety of changes in regards to the temporary use regulations. Exhibits A through D provide the complete list of the changes with the text shown in “red underlined” indicating new regulations and text shown in “purple underline” indicating modified regulations. The table below provides a recap and discussion of the most notable changes.

Topic Current
Regulations
Proposed Change Discussion
Special
Event/Sale
(Exemptions)
(106.42.250.B.10)
Currently certain
types of special
events are exempt
from a Temporary
Use Permit. The
criterion for
exemption includes
events held indoors
or will not occur after
9 pm and is not
attended by more
than 100 persons.

Special events that
are held within an
enclosed building
will remain exempt.

The criterion that
exempts events of
less than 100
persons and not
occurring after 9 pm
has been removed.

The proposal clarifies the
language and continues to exempt
special events or sales held
indoors. The proposal does
remove the exemptions in regards
to attendance and time. These
exemptions were rarely used and
requiring a permit for each event
allows staff the ability to review the
proposed site plan and proposed
activities based upon the individual
event.

Vending on
Demand
(106.42.250.B.12)
Currently itinerant
vendors require
issuance of an
Itinerant Vendor
Permit including
mobile food vendors
that travel routes
(ice cream trucks,
etc.)
Delete the code
section that is
specific to itinerant
vendors and
categorize under
Temporary Uses.

Create a new
category “Vending
on Demand” for
vendors that only
stop/park at the
request of a
customer and
exempt these types
of vendors from
obtaining a
Temporary Use
Permit
The current permitting process
requires that sellers that travel
routes and only stop at the request
of a customer (i.e. ice cream
trucks) obtain an Itinerant Vending
Permit. This permit structure has
been difficult to enforce due to the
influx of vendors during peak
times. Staff proposes to classify
these types of vendors as
“Vending on Demand” and exempt
them from a Temporary Use
Permit. Regulations that require
business license, including
background check of the vendor,
will remain a requirement through
the City’s Business License
process. Vendors that stop in a
location and vend from a
stationary spot would require a
Temporary Use Permit.

File # OTA-16-01
May 25, 2016 Page 3
Topic Current
Regulations
Proposed Change Discussion
Auto Sales
(Temporary Sale
Events)
106.42.250.C.1
New regulation Over time staff has received phone calls from various auto dealers interested in hosting short-term auto sales events within the City’s commercial shopping centers.

Currently, the regulations prohibit this type of temporary use. The proposed update would allow auto sales
(including RV’s, trailers, and other similar vehicles) within certain commercial zones (GC and SC) for a period of up to three consecutive days every three months not to
exceed 12 days per calendar year. The intent is that auto sales events could generate customer traffic without
diminishing sales from competing businesses since the
City has limited locations where autos are currently sold.

Construction
Staging Areas –
Off-Site
106.42.250.C.2
New regulation Off-site construction staging areas are temporary yards used by contractors for the storage of goods and
equipment for construction projects that are occurring at a location other than where the yard is located. The use of a storage area allows the contractor to store the goods in close proximity to the job site, preventing excessive trips to far away locations. This practice is most commonly
used for utility work (water, sewer, etc) and road work.

The Zoning Code currently has provisions for storage
areas “on-site” but silent in the regulation for “off-site” yards therefore the project includes the addition of
regulations for this use to the Temporary Uses section of the code.

The regulations will require contractors proposing to use off-site properties for the storage of goods and equipment to obtain a Temporary Use Permit. The issuance of the
permit will provide staff the opportunity to review the proposed location to ensure the activities at the site are compatible with the surroundings including operating
hours, dust control, and noise. Additionally, the
contractor will be required to notify surrounding properties within 500 feet of the site of the intended use. All
contractors/agencies would be subject to obtaining the
Temporary Use Permit (City, County, SMUD, PGE,
Sewer, etc.).

Reoccurring
Community
Events
106.42.250.C.9
New regulation This new category would include events such as a farmer’s market (currently one at Sunrise Mall), and
possible future events such as a food truck round-up
(multiple food trucks in one location). These events are typically held on a regular basis and generally include multiple vendors operating/functioning as one event. In the case of these types of events, only the “event” would require the permit, not each individual vendor.

Attachment 2 provides information on a recent proposal
for a type of reoccurring community event.

File # OTA-16-01
May 25, 2016 Page 4
Topic Current
Regulations
Proposed Change Discussion
Special Events
106.42.250.C.12
(Allowed Uses by
Issuance of a
Temporary Use
Permit)
Current regulations
allow for a special
event for no more
than 10 days in a
calendar year.

Allow a special
event (carnivals,
safety fairs, etc.) to
occur up to 10
consecutive days
and remove the
yearly limit.

Special events bring activity to
commercial areas and utilize
outdoor space within the
commercial centers (such as
Sunrise Mall parking lot). These
events rarely last more than a
weekend but the code was unclear
if the 10 day per year limit was per
event or an allowance for all
events. Staff proposal will clarify
that a single event would be
limited to no more than 10
consecutive days and would
remove the yearly limit.

Vending
106.42.250.C.14
Currently classified
as Itinerant Vending
Rename and
combine under the
Temporary Uses
Section
Removing the Itinerant Vending
and reclassify this as a Temporary
Use will make the Zoning Code
more user friendly by having the
regulations all in one section.
• Daily Removal Currently the Zoning
Code requires that
all evidence of
vending must be
removed on a daily
basis.

Proposal to allow
discretion that for
the length of the
permit, vending may
remain in place
without daily
removal.

The City has received interest from
a vendor that would like to set-up
seasonally (See Attachment 3)
and the type of mobile unit does
not allow its removal on daily
basis. Staff has proposed
language that would allow
flexibility in the daily removal
requirement.
• Vending within
the Rights of
Way
Currently there is no
vending allowed
within the public
rights of way
Changed from
“prohibited” to
allowed with an
encroachment
permit issued by the
City
The intent is to not encourage
vending in the rights-of-way but
remove the prohibition and allow it
through an encroachment permit
in certain situations such as a
parade.
• Signage Currently only one
sign up to 10 sf is
allowed.

Remove the limit on
the number and size
of signs.

The size limit of 10 sf was
appropriate when regulating a
single-vendor but with groups of
vendors (food truck round-ups)
additional signage may be
needed. The proposal is to not
limit the number of or the size of
signage but all portable signs
would have to be removed at the
conclusion of each day.

File # OTA-16-01
May 25, 2016 Page 5
Topic Current
Regulations
Proposed Change Discussion
• Table/Chairs Not currently
allowed unless in a
plaza, park, or open
space
Allow tables/chairs
in areas that can
demonstrate
adequate space is
available. If
tables/chairs are
provided, restrooms
for customer use
must also be
provided.

Tables/chairs would help
contribute to the atmosphere for
food truck round-ups or other
community events. These types of
events would be held in areas that
could accommodate the placement
of the furniture. For example, large
parking lots such as Grand Oaks
Shopping Center could
accommodate the use of
tables/chairs for a food truck
round-up.
• Toilet and
Handwashing
Currently restrooms
must be available for
use by the vendor
when the vendor is
stopped more than
four hours in a
single location
Vendors stopped for
more than one hour
in a single location
must have access to
a restroom.

Vendors in one
location for more
than four hours will
be required to
provide restrooms
for customer use.

Revised for consistency to CA
Retail Codes that require mobile
food vendors conducting business
for more than one hour in a
location provide employees
restroom facilities within 200 feet
(this will be required by both food
and non-food vendors). In
addition, any vendor utilizing
tables/chairs or remaining
stationary four hours or more, will
be required to require restrooms
for customer use.
• Daily Vending
Time Limits
Current regulations
have a one hour
time limit for food
vendors and no time
limit for vendors of
other goods
Remove the one
hour time limit for
food vendors and
limit hours on all
vendors on a caseby-case basis.

The time limit of one hour has
proven to be restrictive and has
not supported the growth of food
trucks or other mobile food
vendors. Staff is proposing to
eliminate the time limit and
address the selling hours on a
case by case basis depending on
the surrounding businesses,
proposed activity, and location.
• Vending Area
Limit
Vending activity
generally limited to
200 sq ft.

Remove the vending
area size limit and
review by site plan
on a case-by-case
basis.

The vending area limit of 200 sf
was appropriate when regulating a
single vendor but does not allow
adequate space for community
events where there may be
multiple vendors in one location
i.e. food truck round-ups.

File # OTA-16-01
May 25, 2016 Page 6
Topic Current
Regulations
Proposed Change Discussion
Fundraisers nonprofit
organization
106.62.030.E
Temporary
fundraising sales by
non-profit
organizations are
exempt from the
Itinerant Vendors
Permit.

Reclassify
fundraising events
into one category
“Special Events”
and require a
permit. Non-profit
organizations would
require a permit but
no fee would be
charged.

Currently, most outdoor
fundraising activities obtain a
permit even though they are not
technically required. Typically the
property owner of where the
activity is proposed to take place
prefers the group to obtain a
permit. The City does not
currently charge non-profits for this
permit and the revised regulations
would continue to exempt the
group from the permit fee.

In conjunction with the combining of the land use regulation of temporary uses and itinerant vending, Chapter 106.62 (Permit Application Filing and Processing) requires updating to be consistent. It’s important to note that this proposal does not change the existing permit procedures; the application review process, or change any of the existing permit fees associated with obtaining a Temporary Use Permit.

Conclusion
The proposed updates to the Zoning Code will revise the regulations for temporary uses including expanding the time permitted for mobile vendors, allowing short term auto sales events, and adding standards for off-site storage areas. Staff believes the City’s regulations and processes should support and attract businesses. Based upon the analysis provided within this report, staff believes the following findings can be made.
• The proposed amendments to update and add regulations for temporary uses including food trucks, mobile vending, and off-site construction staging area is consistent with the General Plan including Policy 5.2 that discusses the review and amendment to the Zoning Code to help facilitate economic opportunities;
• The proposed amendments associated with temporary uses will not be detrimental to the public, interest, health, safety, convenience, or welfare of the City.

ENVIRONMENTAL DETERMINATION
This project is exempt from environmental review pursuant to CEQA Guidelines Section 15061(b)(3).

PUBLIC OUTREACH
The proposed changes were provided to the City’s neighborhood associations and business groups including Sunrise MarketPlace, Antelope Crossings, Auburn Boulevard Business Association, and the Chamber of Commerce. Representatives from some of these groups attended the Study Session and expressed support for the changes. In addition, information including a copy of the draft regulations has been available on the City’s website for several weeks.

A public hearing notice for the proposed project was published in a general circulating newspaper as required and staff has not received any comments at the time this report was written.

RECOMMENDATIONS
The Planning Division recommends that the Planning Commission:

File # OTA-16-01
May 25, 2016 Page 7
A. Recommend the City Council determine that the proposed project is exempt from CEQA under Section 15061(b)(3); and
B. Recommend that the City Council approve the Ordinance Text Amendments as shown in Exhibit A in regards to temporary uses based on the findings contained in the staff report.

Attachments

1. Presentation from Study Session

2. Off the Grid Information

3. Hokulia Shaved Ice Information
Exhibits
A. Revisions Article 4
B. Revisions Article 6
C. Updated Table 2-5
D. Revisions to Article 8
CITY OF CITRUS HEIGHTS MUNICIPAL CODE - TITLE 106 - ZONING CODE MAY 18, 2016

REPEALING IN THE ENTIRETY
ITINERANT VENDING 106.42.106 (ARTICLE 4 – SPECIFIC LAND USES)

ADD NEW SECTION
TEMPORARY USES 106.42.250 (ARTICLE 4 – SPECIFIC LAND USES) AS

SHOWN BELOW
106.42.250 - TEMPORARY USES (NEW SECTION UNDER SPECIFIC LAND USES AND COMBINES THE

FORMER ITINERANT VENDOR REGULATIONS INTO THIS SECTION)
This section describes short-term activities that may not comply with normal development standards of the applicable zoning district, but may otherwise be acceptable because of their temporary nature.

A. Permit Requirement. Short-term activities as described below may be authorized through the issuance of a Temporary Use Permit. An application for a Temporary Use Permit shall be filed and processed in compliance with Chapter 106.60 (Permit Application Filing and Processing). It is the responsibility of the applicant to produce evidence supporting the required findings.

B. Exempt temporary activities. The following temporary activities are allowed without a Temporary Use Permit.

Temporary activities that do not fall within the following categories shall comply with Subsection C below.

1. Agricultural products grown on-site. The sale of agricultural products on the site where product is grown.

2. City-sponsored events. Special events approved and sponsored by the City.

3. Construction Staging Areas - On-site. On-site contractors' staging areas, for an approved construction project. The construction area shall be removed immediately upon completion of the construction project, or the expiration of the Building Permit authorizing the construction project, whichever occurs first.

4. Deliveries. Delivery activities of any establishment with a fixed place of business, which only delivers its products, services, or goods to a specified address in response to a customer request, order, or invoice previously placed through that fixed place of business.

5. Door-to-Door Solicitation. Door-to-door solicitation in a residential area (this provision does not grant permission to solicit where an individual homeowner has posted a notice of “No Solicitation” or similar wording).

6. Emergency facilities. Emergency public health and safety facilities and activities.

7. Garage sales. No parcel may have more than three sales per year, and no sale may exceed two consecutive days.

8. Public park events. Organizations selling goods or merchandise on park property with prior written authorization from the Sunrise Recreation and Park District.

9. Public property. Activities conducted on public property including parks, schools or property under control of the City.

10. Special Event or Sale. Special event or sale that is held within a completely enclosed building and would be permitted under the applicable land use table.

11. Temporary work trailers. A trailer or mobile home used as a construction office, or a temporary work site for employees of a business, provided that:
a. The use is authorized by a Building Permit for the trailer, and the Building Permit for the permanent structure;
Exhibit A
Red text – NEW Regulations
Purple text – MODIFIED Regulations)
CITY OF CITRUS HEIGHTS MUNICIPAL CODE - TITLE 106 - ZONING CODE MAY 18, 2016
b. The use is appropriate because:
(1) The trailer or mobile home will be in place during the construction of a subdivision, or the construction or remodeling of a permanent commercial or manufacturing structure for a maximum of one year, or upon expiration of the Building Permit for the permanent structure, whichever first occurs; or
(2) The applicant has demonstrated that the temporary work site is a short-term necessity for a maximum of one year, while a permanent work site is being obtained; and c. The trailer is removed prior to final building inspection or the issuance of a certificate of occupancy for the permanent structure.

12. Vending On Demand. Vendor shall maintain a valid City business licenses, County health permit, and comply at all times with all other applicable City and governmental requirements.

C. Allowed temporary uses. A Temporary Use Permit may authorize the following temporary activities within the specified time limits. Other temporary or short-term activities that do not fall within the categories defined below shall instead comply with the planning permit requirements and development standards that otherwise apply to the property.

1. Auto and RV Sales. The temporary outdoor sales of autos, mobile homes, boats, and RV’s may occur on any paved site within a GC, SC, AC, or commercial SPA zone for a period of three consecutive days every three months not to exceed 12 days in a calendar year. The temporary sale may be set up one day prior to the three-day sale and taken down one day following the sale.

2. Construction staging areas – Off-site. Off-site contractors' staging areas, for an approved construction project subject to the following development standards:
a. Appearance/Safety. The Contractor shall erect and maintain temporary fencing and/or screening as needed to keep the site safe. Perimeter fencing shall be setback a minimum of five feet from the curb/sidewalk or street in the case of no sidewalks, to allow passage by pedestrians. The City may require additional fencing and screening methods depending on location of the temporary construction staging area.
b. Dust Control. The Contractor shall implement and maintain appropriate “Best Management Practices” at the site and along adjacent streets to minimize dust, erosion and sediment in accordance with State and local laws and to the satisfaction of the City.
c. Noise. All activities shall comply with the City’s Noise Ordinance. d. Notification. The contractor shall notify in writing all residents within 500 feet of the construction staging area of the activities that will be occurring at the site. The notice shall include a contact name and phone number of a person responsible for the management of the temporary construction staging area. e. Permit Time Limit. A Temporary Use Permit for an off-site construction yard may authorize the yard for up to one year. In the circumstance that a project extends beyond one year, the applicant shall file for a new Temporary Use Permit.
f. Setbacks. Loose material (dirt, rock, sand, etc) shall not be stored within 20 feet of a residential building. g. Signage. The contractor shall erect and maintain a sign at the entrance to the temporary construction staging area indicating: “Temporary Construction Staging Area”, the name of the Contractor performing the work, and a 24 hour emergency phone number of a person responsible for the management of the temporary construction staging area.

CITY OF CITRUS HEIGHTS MUNICIPAL CODE - TITLE 106 - ZONING CODE MAY 18, 2016
h. Vacation of area. Within 10 working days of substantial completion of the project, the Contractor shall remove all construction materials, equipment, and temporary fencing and apply appropriate permanent erosion control measures to the satisfaction of the City.

3. Location filming. The temporary use of a specific site for the location filming of commercials, movies, videos, etc., for the time specified by the Director, but not to exceed one year.

4. Mobile home or travel trailer for night watchman. A mobile home or travel trailer at an existing business, as a temporary residence for a night watchman.

5. Model homes. A model home or model home complex may be authorized prior to the completion of sales in a residential subdivision.

6. Temporary real estate sales offices. A temporary real estate sales office may be established within the area of an approved development project, solely for the first sale of homes. An application for a temporary real estate office may be approved for a maximum of one year. An extension may be granted by the Director.

7. Temporary structures. A temporary classroom, office, or similar structure, including a manufactured or mobile unit, may be approved for a maximum of one year from the date of approval, as an accessory use or as the first phase of a development project. An extension of one year may be granted by the Director. A temporary structure proposed for a longer time period shall comply with all provisions of this Zoning Code applicable to a permanent structure on the same site.

8. Promotional sale associated with permanent on-site use. An outdoor promotional sale may be permitted for 30 days at a grand opening and for 10 days per year thereafter. The promotional sale shall be for the purpose of promoting a use regularly and lawfully in operation on the premise.

9. Reoccurring Community Events. Outdoor events similar to a farmer’s market, street fair, food truck round-up, or similar activity that occurs on a regular schedule may be authorized for up to one year. Event coordinator shall file a new Temporary Use Permit annually.

10. Seasonal sales. Seasonal sales (i.e., Christmas trees, and pumpkins) are permitted for up to 30 days.

11. Similar temporary activities. A temporary activity that the Director determines is similar to the other activities listed in this Subsection, and compatible with the applicable zoning district and surrounding land uses.

12. Special events. A single special event held outdoors including carnivals, safety fairs, fundraisers, or other similar activity in any zone may be authorized for no more than 10 consecutive days. At the discretion of the Director, the applicant shall be responsible for notifying adjoining property owners of the event.

13. Storage Containers. Storage containers are allowed in commercial zones with the approval of a Temporary Use Permit subject to the following development standards:
a. Number of Containers Allowed. One (1) container for the temporary storage of merchandise is allowed. One additional container may be allowed if the user’s business exceeds 100,000 square feet of gross floor area.
b. Multi-tenant sites. For sites with multiple tenants, the City may limit the number of containers within the center or within an area.
c. Allowable Container Size. The container may not exceed 40 feet in length or 400 square feet per container.
d. Permit Time Limit. No more than one Temporary Use Permit may be allowed per calendar year. At no time shall a container be kept on site for more than 90 consecutive days, except that containers allowed for construction activities may be permitted until such time the construction activities are completed.

Temporary storage containers, except containers allowed as construction activities, not removed by the CITY OF CITRUS HEIGHTS MUNICIPAL CODE - TITLE 106 - ZONING CODE MAY 18, 2016
end of the 90 day period may be issued a fine for each day over the allowed 90 days that the container remains on the site, unless an extension is obtained from the Director. e. Allowable Location. The container shall be placed in the least conspicuous location available. The final location shall be determined by the Director.
(1) The storage containers shall be placed on a level concrete or asphalt surface at all times. (2) Storage containers shall not be stacked on top of another container. (3) To the maximum extent possible, the storage containers should not be visible to the motoring public or from residential neighborhoods immediately adjacent to the property where they are located. The containers may be required to be screened by use of temporary fencing or some other method if the containers are visible from public rights of way or residences, as determined by the Director.
f. Other Development Standards. The storage containers shall be used as an accessory to a primary use, located in an enclosed adjoining building.
(1) The containers must be maintained in good condition as they were originally approved so as not to become unsightly or a nuisance.
(2) A storage container shall not remain on a site if the use it is appurtenant to is abandoned. (3) No signage whatsoever shall be allowed on containers.

14. Vending. Vending is allowed in commercial zones with the approval of a Temporary Use Permit subject to the following standards:
a. Appearance and storage. The vendor shall maintain the area within which vending activities occur in a clean, safe, sanitary, and dust-controlled condition. Unless authorized through the Temporary Use Permit, the vendor shall remove all evidence of vending and leave the site in a clean state at the close of each business day.
b. Location on particular roadways. Vending may be restricted or prohibited along specific roadways, or portions thereof, which, as a result of limited parking, limited line-of-sight, traffic control impacts, high traffic flow, or other reasons specified, are determined to be unsafe for vending. This may include restrictions against operating during peak traffic hours, as determined by the City. c. Obstructions, hazards. No vendor shall obstruct vehicular traffic, bicycle traffic, sidewalk pedestrian traffic, or accessibility to vehicles parked adjacent to the curb, and shall not create public health or safety hazards. No vending activity shall occur within the traffic safety visibility area described in Section 106.30.060.E (Height Limit at Street Corners).
d. Proximity to other items. No vending shall occur within 10 feet of a fire hydrant, fire escape, building entrance, bus stop, loading zone, handicapped parking space or access ramp, fire station driveway, or police station driveway. A greater distance or separation from other uses may be required, under the permit, in order to preserve line-of-sight, or for other safety reasons. The vending shall not damage landscaped areas.
e. Residential zoning districts. With the exception of food products, vending shall not be permitted in a residential zone.
f. Rights-of-way. Vending shall not be permitted in a roadway median, or within any other public right-of-way unless authorized through an encroachment permit issued by the City. g. Permit display. Each vendor shall maintain a copy of the Temporary Use Permit and Business License at the location of vending.

CITY OF CITRUS HEIGHTS MUNICIPAL CODE - TITLE 106 - ZONING CODE MAY 18, 2016
h. Signs. Portable signage shall be removed daily. At no time are signs allowed to be placed within the public right-of-way, on a sidewalk, or in a location that would impede vehicular or pedestrian traffic. i. Vending vehicles or devices. The width, length, and height of all vendor vehicles and devices shall be subject to review as a part of consideration of the Temporary Use Permit. The City’s review shall include but not be limited to color, materials, and appearance of the vending vehicle or device; shade umbrellas; accessories (including ice chests and trash receptacles); and maneuvering necessary for set-up and takedown. All vehicles shall comply with the California Vehicle Code and California Health and Safety Code.
j. Tables. Tables for use by customers are prohibited unless authorized through the Temporary Use Permit. The vendor must be able to demonstrate that areas proposed for the use of tables, i.e. a plaza, open space area, or similar area has adequate room to not interfere with on-site travel movements.

Sites using tables must demonstrate that adequate restroom facilities are available for use by customers.
k. Time Limits. Stationary vending is intended to be a temporary activity and may not occur in a single location more than 180 days within a twelve month period. l. Toilet and handwashing facilities. Vendors that remain in place more than one hour must be situated within two hundred feet travel distance of a legally approved and permitted toilet and handwashing facility for use by the vendor. Vendors that remain in place more than four hours must demonstrate that adequate restroom facilities are available for use by customers. m. Other applicable regulations. Each vendor shall comply at all times with all applicable City and other governmental requirements, including without limitation, health permit, the Americans with Disabilities Act, health and safety regulations, this Zoning Code.

D. Development standards. The Director may establish the following standards based on the type of temporary use using the requirements of the applicable zoning district, and Articles 3 (Site Planning and Project Design Standards) and 4 (Standards for Specific Land Uses) for guidance:

1. Measures for removal of the activity and site restoration, to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Zoning Code;

2. Limitation on the duration of approved "temporary structures," so that they shall not become permanent or long-term structures; and

3. Other requirements as appropriate to minimize any adverse impacts of the use.

CITY OF CITRUS HEIGHTS MUNICIPAL CODE - TITLE 106 - ZONING CODE MAY 17, 2016
Article 6

REPEAL IN THE ENTIRETY
ITINERANT VENDOR PERMITS 106.62.070 (PLANNING PERMIT

PROCEDURES)

REPEAL AND REPLACE
TEMPORARY USE PERMITS 106.62.030 (PLANNING PERMIT PROCEDURES)

AND REPLACE AS SHOWN BELOW
106.62.030 – TEMPORARY USE PERMIT (PLANNING PERMIT PROCEDURES) A. Purpose. This Section establishes procedures for the granting of Temporary Use Permits for short-term activities.

This use is a special privilege, not a matter of right; it is subject to a revocable permit in compliance with Section 106.64.090 (Permit Revocation and Modification).

B. Applicability. A Temporary Use Permit is required to authorize activities or events as described in Section 106.42.250.

C. Review Authority. Temporary Use Permits may be approved or disapproved by the Director, in compliance with this section.

D. Application filing and processing. An application for a Temporary Use Permit shall be filed and processed in compliance with Chapter 106.60 (Permit Application Filing and Processing). It is the responsibility of the applicant to provide evidence in support of the findings required. Only one Temporary Use Permit is required for special events; each individual participant is not required to obtain a Temporary Use Permit. All vendors participating in the event must obtain an individual City Business License.

E. Fee Exemptions. A recognized 501(c)(3) organization shall not be required to pay a fee for the Temporary Use Permit, provided that the organization requests no more than one permit per year.

F. Health Permit. The vending of food, produce, or other edible items requires a valid health or other permit issued by the appropriate agency.

G. Project review, notice and hearing. Each application shall be reviewed by the Director to ensure that the proposal complies with all applicable requirements of this Zoning Code. Public notice and a hearing are not required prior to a decision on a Temporary Use Permit unless the Director determines that a hearing should be conducted. In the event that a hearing is required, notice shall be provided and the hearing shall be conducted by the Director in compliance with Chapter 106.76 (Public Hearings).

H. Findings and decision. A Temporary Use Permit may be approved by the Director only after the Director first finds that the requested activity complies with applicable standards, and therefore, that the establishment, maintenance, or operation of the temporary activity would not be detrimental to the public health, safety, or welfare of persons residing or working in the neighborhood of the proposed activity. In the authorizing of a permit for vending, the Director may consider the location of nearby businesses, other high traffic generators, or proximity to other vendors to prevent the proliferation of vendors in an area thus negatively impacting traffic and pedestrian safety.

I. Post approval procedures. The procedures and requirements in Chapter 106.64 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Zoning Code Administration), shall apply following the decision on a Temporary Use Permit application.

J. Condition of the site following temporary activity. Each site occupied by a temporary activity shall be cleaned of debris, litter, or other evidence of the temporary activity on completion or removal of the activity, and shall thereafter be used in compliance with the provisions of this Zoning Code. A bond may be required before initiation of the activity to ensure cleanup after the activity is finished.

Exhibit B
CITY OF CITRUS HEIGHTS MUNICIPAL CODE - TITLE 106 - ZONING CODE MAY 17, 2016
Article 6
K. Indemnification. As a condition of issuance, the applicant agrees to indemnify, hold harmless, and defend the City and its representatives against liability and/or loss arising from activities connected with and/or undertaken in compliance with the Temporary Use Permit. The City is not liable for any business loss, property loss, or other damage that may result from use of the permit, or suspension or revocation of the permit, and no applicant shall maintain any claim or action against the City, its officials, officers, employees, or agents on account of any suspension or revocation.

L. Term of permit, renewal. Each permit shall be valid for the time specified in the permit up to a maximum of one year. The permit may be renewed subject to compliance with all terms and conditions of the permit, the standard established in the Section 106.42.250, and payment of applicable fees.

M. Transferability. The permit is not transferable to any other entity or person and is valid only as to the original applicant.

CITY OF CITRUS HEIGHTS MUNICIPAL CODE - TITLE 106 - ZONING CODE TABLE 2-5 P Permitted Use, Zoning Clearance required
Allowed Land Uses and Permit Requirements MUP Conditional use, Minor Use Permit required for Commercial and Industrial Zoning Districts UP Conditional use Permit required S Permit requirement set by Specific Use Regulations
— Use not allowed
PERMIT REQUIRED BY DISTRICT Specific Use
LAND USE (1) BP LC SC GC AC CR MP Regulations

RESIDENTIAL USES
Emergency shelter — — — S — — — 106.42.090
Home occupation P P P P — — — 106.42.100
Live/work unit MUP MUP UP UP — — — 106.42.110
Mixed use project residential component — S S S S — — 106.42.130 Multi-unit dwelling — P P P — — — 106.42.150
Single room occupancy (SRO) facility — — — UP — — —
Work/live unit — — UP UP — — UP 106.42.110

RETAIL TRADE
Accessory retail uses P P P P P P P
Alcoholic beverage sales — S S S — S — 106.42.020
— UP UP UP — UP — 106.42.020
Brew Pub/Tavern — P P P — — — 106.42.020
Building/landscape materials sales — — P P — — —
Construction and heavy equipment sales and rental — — — UP P — P Convenience store S S S S S — S 106.42.070
Drive-through retail — UP UP UP — — — 106.42.080
Fuel dealer (propane for home and farm use, etc.) — — — P — — — General retail — P P P P — —
Groceries, specialty foods — P P P — — —
Itinerant vendor S S S S S S S 106.42.106
Mixed use project — S S S S — — 106.42.130
Night club — — UP UP — — —
Office-supporting retail S P P P — — S 106.26.030.C
Outdoor displays and sales — P P P P — — 106.42.160
Public auction, flea market — — — UP — — —
Restaurant, café, coffee shop S P P P P MUP S 106.26.030.C Smoking paraphernalia establishment S S S S S S S 106.42.230 Wood yard (firewood sales) — — — MUP — — —
Key to Zone Symbols
BP Business and Professional Office AC Auto Commercial
LC Limited Commercial CR Commercial Recreation
SC Shopping Center MP Industrial/Office Park
GC General Commercial
Notes:

Bar
Exhibit C
ARTICLE 8
SECTION 106.80.020
Definitions, "I."
Itinerant Vending. The following terms and phrases are defined for the purposes of Section 106.42.106) (Itinerant Vending).

1. Itinerant Vending. The conduct or housing of retail sales using a table, stand, cart, vehicle, or other device rather than from a permanent building. An "Itinerant Vendor" may travel from place to place and vend along an approved route and/or within an approved area, or may vend from a single or several locations on a regular basis.

2. Point of Vending. The location or approved route/area at/within which vending occurs.

3. Stationary Vending. Vending from the same location on a regular basis. Vending from any one location for more than two consecutive hours is stationary vending.

4. Vending. Selling, offering for sale, or displaying or dispensing of any goods or merchandise for sale or purchase to the public from any carrying device, box, bag, stand, human-powered device (including but not limited to any pushcart, wagon, bicycle, tricycle, or other wheeled container), portable stand, or any other device used for carrying goods or merchandise. This includes hawking, operating noise-making devices, and any other activity or signage to attract attention to the vendor or the goods or merchandise. A vendor may be both stationary and itinerant depending on the vendor's method of operation. Examples of vending activity include hot dog carts/vehicles, flower carts/stands/sales , ice cream carts/vehicles, roadside sales, stationary food carts/vehicles, and similar activities.

5. Vendor. An individual or entity that engages in itinerant vending, including both owners and operators.

Definitions, "V."
Vending. The following terms and phrases are defined for the purposes of Section 106.42.250) (Temporary Uses).

1. Vending. Selling, offering for sale, or displaying or dispensing of any goods or merchandise for sale or purchase to the public from any carrying device, box, bag, stand, human-powered device (including but not limited to any pushcart, wagon, bicycle, tricycle, or other wheeled container), portable stand, or any other device used for carrying goods or merchandise. This includes hawking, operating noise-making devices, and any other activity or signage to attract attention to the vendor or the goods or merchandise. Examples of vending activity include hot dog carts/vehicles, flower carts/stands/sales , ice cream carts/vehicles, roadside sales, stationary food carts/vehicles, and similar activities. The sale of agricultural products grown on-site is not considered vending.

2. Stationary Vending. Vending from a single location for more than two consecutive hours is considered a day of stationary vending. For the purpose of this definition, a single location shall mean any location within a 1000 feet radius of the original location.

3. Temporary Vending. Stationary vending for a period not to exceed 180 days within a twelve month period shall be considered temporary. Stationary vending exceeding the 180 days shall be considered permanent and must comply with the applicable commercial development standards. 4 Vending on demand. Food vendors such as ice cream trucks or similar food vendors that stop or park only at the request of a bondifide purchaser for the purpose of making a sale and only so long as it take to make a sale.

Exhibit D
Red text – NEW Text
Purple text – MODIFIED Text
Strikeout – Eliminated Text

Updated 5/12
P:\Planning\Forms & Handouts\Mobile Food Vendor Handouts\MobileFoodVendorRequirements_Final.doc

1. Business License
Davis requires a business license for all mobile food vendors.  The business license form is available at http://www.cityofdavis.org/finance/BusinessLicenses.cfm or directly from the Finance Department at City Hall.
 Fees: Daily or yearly fee plus a $10 registration fee. Fee schedule on a form available at the Finance Dept.

City of Davis Finance Department
23 Russell Boulevard
Davis, CA 95616
Telephone: (530) 757-5651
FAX: (530) 758-0204
E-mail: [email protected]

2. Zoning or Encroachment Permit
A zoning or encroachment permit is required based on the intended location of sales.  Vendors operating on private property for any length of time must obtain a commercial zoning permit from Planning Division of the Community Development Department.  Vendors operating on public property for more than ten minutes in each location must obtain an encroachment permit from Public Works.
 Vendors operating on public property for less than ten minutes in each location do not need zoning or encroachment permits.

Commercial Zoning Permit and Encroachment Permit requirements are included in this packet.

Mobile Food Vendor Requirements
Mobile food vending is defined as any vehicle, wagon, or pushcart that is self-propelled or can be pushed/pulled down a street or sidewalk, on which food is displayed, prepared, or processed for the purpose of selling food to a consumer.

Requirements for a mobile food vendor to operate in Davis:
 Public health permit from Yolo County
 Business license from the City of Davis
 Zoning permit from Community Development to operate on private property OR an encroachment permit from Public Works to operate on public property. Vendors operating on public property for less than ten minutes per location are exempt from this requirement.

County Permitting Requirement: Public Health Permit from Yolo County City Permitting Requirements

COMMUNITY DEVELOPMENT &

SUSTAINABILITY DEPARTMENT
23 Russell Blvd – Davis, CA 95616
PH: 530.757.5610 FAX: 530.757.5660 TDD: 530.757.5666
The California Retail Food Code (CalCode) governs health standards for retail food sales. CalCode and City Municipal Code Section 17.01.020 require a Public Health Permit before any public sales occur.
 The annual permit is obtained from the Yolo County
Environmental Health Department.
 Vendors must complete an application and have their cart or vehicle inspected before a permit can be obtained.
 Inspections: 8:00-9:00 AM daily at the Environmental Health Department offices (call for appointment).
 Fees: mobile food preparation vehicles: $316; ice cream trucks and hot dog carts: $142
 All questions pertaining to health standards and the public health permit should be directed to the Yolo County Environmental Health Department.

Yolo County Environmental Health
Department
137 N. Cottonwood Street, Ste. 2400
Woodland, CA 95695
Telephone: (530) 666-8646
FAX: (530) 669-1448
E-mail:
[email protected]
Additional information available at:
http://www.yolocounty.org/org/health/eh/general/fo
od.asp.

Updated 5/12
P:\Planning\Forms & Handouts\Mobile Food Vendor Handouts\MobileFoodVendorRequirements_Final.doc Commercial Zoning Permit Requirements: Operating on Private Property Encroachment Permit Requirements
Requirements for Operating on Public Property (public streets or sidewalks):

Mobile food vendors may stand or park only at the request of a customer and for no more than ten minutes in any one place, unless the mobile food vendor is delivering articles upon order of, or by or distribution (Municipal Code Section 22.08.210(a)).
 Mobile food vendors, including commercial vehicles selling food or other merchandise, are not allowed to sell in public parks.
 Profit making activities in the parks except fund-raisers sponsored and organized by non-profit groups are prohibited.
 A mobile food vendor may park or stand on a street for a period of time exceeding ten minutes only if the vendor first obtains a written permit from the city traffic engineer or the city council (Municipal Code Section 22.08.210 (b)).
 In order for the permit to be issued, the proposed location must not impede or endanger vehicular or pedestrian traffic (22.08.210 (b)).
 Any permit issued by the city traffic engineer shall not be good for more than 24 hours.  A mobile food vendor permit is good only at the location for which it is issued (22.08.210 (d)).

The Planning Division of the Community Development
Department must issue a commercial zoning permit for vendors operating on private property. The following requirements must be met for each location:
 A commercial zoning permit application form must be
submitted to the Community Development Department.
o Form available from the Community Development
Department at City Hall or online at
http://www.cityofdavis.org/finance/pdf/commercial_busin esses_zoning_permit.pdf
o There is no cost associated with the zoning permit
 The vendor must submit written proof of permission from the property owner with the zoning permit application.
 Community Development staff must determine mobile vending a permitted or conditionally permitted use for the location.

City of Davis
Community Development and
Sustainability Department
23 Russell Blvd.

Davis, CA 95616
Telephone: (530) 757-5610
FAX: (530) 757-5660
Areas where Mobile Food Vending is Permitted by Right and Conditionally Permitted Permitted by Right:
 Industrial (I) District
 Any Planned Development (PD) where Industrial Light Industrial / Business Parks are permitted  Office Zones (PD)
Conditionally Permitted:
 Auto Center (A-C) District
 Commercial Service (C-S) District
 Commercial Mixed Use (C-M-U) District
 Industrial Administration and Research (I-R) District A Conditional Use Permit (CUP) is required for all areas where mobile food vending is conditionally permitted.

A CUP requires a $3,000 deposit, $154 Categorical Exemption fee, and a public hearing. A CUP requires 2 or more months for processing. Contact the Community Development Department for more information.

Updated 5/12
P:\Planning\Forms & Handouts\Mobile Food Vendor Handouts\MobileFoodVendorRequirements_Final.doc Davis Farmers’ Market
Vendors must be approved by the Davis Farmer’s Market Association (DFMA). Approval requirements include:
 An application and copies of all appropriate permits and licenses be submitted to the DFMA (contact DFMA for specific permit requirements).
 Approval from the DFMA governing board.
 Compliance with the Davis Farmers Market Rules.

Fees: Stall Fees are calculated as a percentage of the seller's gross sales for that Market Day. A stall fee will be collected for each space used, even in case of no sales.  Members: 6% of gross sales, $20.00 min. per space
 Non-Members: 8% of gross sales, $26.00 min. per space More information may be obtained by contacting the Davis Farmer’s Market Association.

Davis Farmer’s Market Association
Central Park – 4
th & C Streets
P.O. Box 1813
Davis, CA 95617
Telephone: (530) 756-1695
http://www.davisfarmersmarket.org/info/
E & H Street Plazas
Vendors must obtain a license agreement from the City’s Economic Development Division.

License requirements include:
 A business plan and visual representation of proposed cart.  A yearly license agreement with the city.
 Plaza vendors may only sell perishable goods.

Fees: vary.

More information may be obtained by contacting the Economic Development Division.

City of Davis Economic Development Division
23 Russell Boulevard
Davis, CA 95616
Telephone: (530) 757-5610
Special Location Permit Requirements
Attachments:
 Yolo County Health Department Health Permit Application  City of Davis Business License Application
 City of Davis Commercial Zoning Permit
Updated 5/12
P:\Planning\Forms & Handouts\Mobile Food Vendor Handouts\MobileFoodVendorRequirements_Final.doc Emeryville Planning Regulations Page 2-5 Adopted February 5, 2013 Ordinance No. 13-001 Effective March 7, 2013
9-2.104 Permanent and Temporary Uses.

Except as otherwise provided in this Title, any use may be permanent or temporary, as defined in this Section. Temporary uses shall be subject to the applicable provisions for Temporary Use Permits in Article 6 of Chapter 7.
(a) Permanent Use. A use that is intended to be continuously ongoing at the same location for more than 60 days.
(b) Temporary Use. A use that is either not intended be ongoing for more than 60 days, or that is not intended to be continuously ongoing.
(1) One-Time Temporary Use. A use that is intended to be ongoing at the same location for 60 days or less. Typical uses include carnivals, Halloween pumpkin lots, and Christmas tree lots.
(2) Recurring Temporary Use. A use that is intended to recur at the same location at regular or irregular intervals, where each occurrence lasts for seven days or less, the interval between occurrences is at least twice the length of each occurrence, and the total number of occurrences may or may not be limited. The lengths of individual occurrences and the intervals between them shall be measured in whole days. Typical uses include farmers markets and similar recurring events. If an occurrence lasts for more than seven days, each such occurrence shall be considered a separate One-Time Temporary Use pursuant to subsection (b)(1) above. If the interval between occurrences is less than twice the length of each occurrence, the use shall be considered a Permanent Use pursuant to subsection (a) above.

Emeryville Planning Regulations Page 7-32 Adopted February 5, 2013 Ordinance No. 13-001 Effective March 7, 2013
ARTICLE 6. TEMPORARY USE PERMITS
9-7.601 Purpose.

This Article establishes a process for review and approval of uses that are intended to have a limited duration and will not permanently alter the character or physical facilities of the property where they occur.
9-7.602 Applicability.

Except as specified in Section 9-7.603, all temporary uses, as defined in Section 9-2.104(b), require the approval of a Temporary Use Permit, including, but not limited to, carnivals, Halloween pumpkin lots, Christmas tree lots, farmers markets on private or public property, mobile food vendors on private or public property, and other vendors, peddlers, solicitors, or events on private or public property.
9-7.603 Exemptions.

The following temporary uses shall be exempt from the requirement for a Temporary Use Permit:
(a) On-site temporary construction offices and on-site contractors’ storage yards, including debris containers.
(b) On-site offices for real estate sales or rental.
(c) Garage and yard sales operated by a resident of the premises where such sales operate for a period of less than two days per quarter per year.
(d) Any use operating on a public street or sidewalk, including, but not limited to, farmers markets as regulated by Chapter 35 of Title 5, and mobile food vendors and other vendors, peddlers, and solicitors as regulated by Chapter 27 of Title 5. (e) Any other temporary uses otherwise regulated by the Emeryville Municipal Code, including, but not limited to, community events regulated by Chapter 23 of Title 5. 9-7.604 Procedures.

An application for a temporary use permit shall be filed and processed in accordance with the provisions of Article 2, Common Procedures. Applications for temporary use permits shall be considered by the Planning and Building Director, in consultation with the Public Works Director, Chief Building Official, Fire Marshal, Police Chief, and other City staff as deemed appropriate. The application shall be submitted at least 14 days before the temporary use is intended to begin. It shall include a site plan of the proposed use that shows any electrical or plumbing connections, the relation of the temporary use to existing buildings, parking spaces, landscaping, and other features of the site; a description of operating characteristics, including dates, hours, number of employees, expected visitors, and security if appropriate; and any other information deemed necessary by the Director. The Director, at his or her discretion, may give such notice as is deemed appropriate to adjacent property owners or other interested parties. The Director may approve or disapprove an application or require changes or conditions of approval which, in his or her judgment, are necessary to ensure conformity with the provisions of this Article. The Director’s decision may be appealed to the Planning Commission.

Emeryville Planning Regulations Page 7-33 Adopted February 5, 2013 Ordinance No. 13-001 Effective March 7, 2013
9-7.605 Findings.

To grant a temporary use permit, all of the following findings must be made:
(a) The proposed use will not adversely affect adjacent properties, their owners and occupants, or the surrounding neighborhood.
(b) The proposed use will not interfere with pedestrian or vehicular traffic or circulation in the area surrounding the proposed use.
(c) The proposed use will not create a demand for additional parking that cannot be safely and efficiently accommodated by existing parking areas. (d) The proposed use will not conflict with the intent or requirements of any design review permit, conditional use permit, variance, or planned unit development applicable to the subject property.
(e) Appropriate controls are in place that will ensure that the premises will be kept clean, sanitary, and free of litter.
9-7.606 Duration.

Temporary use permits shall be approved for no longer than the following initial time periods and may be renewed for subsequent time periods of the same duration or less. Each renewal shall require a new application and fee.
(a) One Time Temporary Uses (as defined in Section 9-2.104(b)(1)):
(1) Mobile Food Vendors located on private or public property (i.e. not on a public sidewalk or public street): one year.
(2) All other One-Time Temporary Uses: 60 days.
(b) Recurring Temporary Uses (as defined in Section 9-2.104(b)(2)): one year. 9-7.607 Conditions of Approval.

Unless waived by the Director, the following conditions of approval shall apply to all temporary use permits. In approving a temporary use permit, the Director may impose any additional conditions that are deemed necessary to make the findings required by Section 9-7.605. (a) Any construction or other work shall conform to all applicable codes. (b) Fire protection and access for fire vehicles shall be maintained, as specified by the Fire Marshal.
(c) All signage shall comply with the Sign Regulations in Article 16 of Chapter 5. (d) The site of the temporary use shall be maintained free of weeds, litter, and debris for the duration of the temporary use.
(e) The site of the temporary use shall be completely cleaned and all trash, debris, signs, sign supports, and temporary structures and electrical and/or plumbing service shall be removed, within three days following the date specified for termination of the temporary use.

Emeryville Planning Regulations Page 7-34 Adopted February 5, 2013 Ordinance No. 13-001 Effective March 7, 2013
9-7.608 Revocation.

A temporary use permit issued pursuant to this Article shall be subject to suspension, revocation, or modification for the violation of any provisions of this code or for any grounds which would warrant the denial of the issuance of such original permit. The Director may issue a notice of violation for any failure to comply with any requirement of this Article or any condition of the permit. Such notice shall set forth the action necessary to come into compliance and a time frame for compliance. If the noncompliance is not abated, corrected, or rectified within the time specified by the Director in said notice, the Director may revoke, suspend, or modify the permit, upon 30 days’ notice. If the Director decides to revoke or suspend the permit, the temporary use shall be removed within 30 days of the Director’s decision unless appealed pursuant to Section 9-7.609.
9-7.609 Appeals.

The Director’s decision on a temporary use permit application or revocation may be appealed to the Planning Commission pursuant to Article 14.

CHAPTER 27.

SIDEWALK AND STREET VENDORS
Sections:

Article 1. Sidewalk and Street Vendors
5-27.1.01 Definitions
5-27.1.02 Business Tax Certificate
5-27.1.03 Health and Sanitation Requirements
5-27.1.04 Vendor Permit to Operate
5-27.1.05 Vending Locations
5-27.1.06 Cleanliness
5-27.1.07 Open-Air Barbeques or Outdoor Wood-Burning Ovens 5-27.1.08 Operation Within Specified Distance of Toilet and Handwashing Facility 5-27.1.09 Certified Farmers’ Markets
5-27.1.10 Penalties
Article 2. Peddlers and Solicitors
5-27.2.01 Definitions
5-27.2.02 Business Tax Certificate
5-27.2.03 Permit to Operate
5-27.2.04 Permit Denial or Revocation
5-27.2.05 Peddling or Soliciting Locations
5-27.2.06 Hours When Prohibited
5-27.2.07 Certified Farmers’ Markets
5-27.2.08 Penalties
Article 1. Sidewalk and Street Vendors
Chapter 5-27 SIDEWALK AND STREET VENDORS
http://www.codepublishing.com/CA/Emeryville/html/Emeryville05/Emeryville0527.html 5-27.1.01 Definitions.

For purposes of this article, the following definitions apply:
(a) “Certified farmers’ market” shall be defined as provided in California Administrative Code Title 3, Section 1392.2(a) or any successor provision.
(b) “City” shall mean the City of Emeryville.
(c) “Code” shall mean the Emeryville Municipal Code.
(d) “Commissary” shall be defined as provided in Health and Safety Code Section 113751 or any successor provision.
(e) “Community event” shall be defined as provided in Health and Safety Code Section 113755 or any successor provision.
(f) “Eating and drinking establishments” shall be defined in Section 9-4.4.320, or any successor provision. (g) “Enforcement agency” shall be defined as provided in Health and Safety Code Section 113773 or any successor provision.
(h) “Enforcement officer” shall be defined as provided in Health and Safety Code Section 113774 or any successor provision.
(i) “Food” shall be defined as provided in Health and Safety Code Section 113781 or any successor provision.
(j) “Food facility” shall be defined as provided in Health and Safety Code Section 113789 or any successor provision.
(k) “Mobile food facility” shall be defined as provided in Health and Safety Code Section 113831 or any successor provision.
(l) “Open-air barbeque” shall be defined as provided in Health and Safety Code Section 113843 or any successor provision. An “open-air barbeque” may include a fire box for heating, storage and disposal of hot coals, heated lava, hot stones or other material utilized to cook food and no more than one (1) worktable of a size not in excess of fifteen (15) square feet which may not be used for dining by the general public. (m) “Other public gathering” shall include for purposes of this article the operation of a mobile food facility that stops to conduct business for more than one (1) hour in the same location. (n) “Permanent food facility” shall be defined as provided in Health and Safety Code Section 113849 or any successor provision.
(o) “Police Chief” means the Chief of Police or his/her designee. (p) “Temporary food facility” shall mean, consistent with Health and Safety Code Section 113930 or any successor provision, a food facility approved by the enforcement officer that operates at a fixed location for the duration of an approved community event and only as a part of the community event.

Chapter 5-27 SIDEWALK AND STREET VENDORS
http://www.codepublishing.com/CA/Emeryville/html/Emeryville05/Emeryville0527.html (q) “Vehicle” shall mean a mobile food facility, temporary food facility, catering truck, wagon, pushcart, or other motorized or non-motorized conveyance upon which food is sold, offered for sale or distributed. (r) “Vendor” shall mean a sidewalk vendor or a street vendor. (s) “Sidewalk vendor” shall mean any person engaged in selling, offering for sale, or distributing food on a public sidewalk.
(t) “Street vendor” shall mean any person engaged in selling, offering for sale, or distributing food from a vehicle located within a public street.
(Sec. 2 (part) (9-4.2001), Ord. 88-012, eff. Nov. 5, 1988; Sec. 3 (part), Ord. 10-016, eff. Dec. 16, 2010; Sec. 3 (part), Ord. 11-005, eff. June 2, 2011; Sec. 2 (part), Ord. 12-006, eff. Mar. 8, 2012. Formerly 5-27.01) 5-27.1.02 Business Tax Certificate.

It shall be unlawful to sell, offer for sale, or distribute any food on any public street or public sidewalk within the City without first obtaining a business tax certificate and paying the applicable business license tax for each sidewalk vendor or street vendor, pursuant to Chapter 1 of Title 3. Notwithstanding those provisions, no business tax certificate shall be issued without evidence that the vendor has obtained all permits required by this article. The original of the City business tax certificate shall be displayed conspicuously at all times on the street vendor’s vehicle and at the location of the sidewalk vendor. (Sec. 2 (part) (9-4.2002), Ord. 88-012, eff. Nov. 5, 1988; Sec. 3 (part), Ord. 10-016, eff. Dec. 16, 2010; Sec. 3 (part), Ord. 11-005, eff. June 2, 2011; Sec. 2 (part), Ord. 12-006, eff. Mar. 8, 2012. Formerly 5-27.02) 5-27.1.03 Health and Sanitation Requirements.

Vendors shall obtain a health permit from the enforcement agency. The health permit shall be displayed conspicuously at all times on the street vendor’s vehicle and at the location of the sidewalk vendor. Evidence of such health permit shall be made available to the Finance Department as part of the business tax certificate application or renewal.
(Sec. 2 (part) (9-4.2004), Ord. 88-012, eff. Nov. 5, 1988; Sec. 3 (part), Ord. 10-016, eff. Dec. 16, 2010; Sec. 3 (part), Ord. 11-005, eff. June 2, 2011; Sec. 2 (part), Ord. 12-006, eff. Mar. 8, 2012. Formerly 5-27.04) 5-27.1.04 Vendor Permit to Operate.
(a) It shall be unlawful to sell, offer for sale, or distribute any food on any public street or public sidewalk within the City without first obtaining a vendor permit from the Police Department pursuant to the provisions of this article for each sidewalk vendor or street vendor location. The vendor permit shall be displayed conspicuously at all times on the street vendor’s vehicle and at the location of the sidewalk vendor. Evidence of such vendor permit shall accompany the business tax certificate application or renewal application to the Finance Department.
(b) Any vendor permit issued pursuant to this article shall automatically expire, terminate and be of no further force and effect at 5:00 p.m. on December 31 of each year. (c) Any vendor permit issued pursuant to this article is nontransferable.

Chapter 5-27 SIDEWALK AND STREET VENDORS
http://www.codepublishing.com/CA/Emeryville/html/Emeryville05/Emeryville0527.html (d) A vendor applicant desiring a vendor permit shall file an annual application with the Chief of Police, on a form furnished by the Police Department, setting forth the following information and including the accompanying data:
(1) Names, addresses and telephone numbers of the vendor applicant and of all persons financially interested in the business;
(2) A statement of the type of food to be sold;
(3) The location at which the sidewalk vendor applicant intends to operate; (4) Number of vehicles the street vendor applicant intends to operate, along with a copy of the current registration of each vehicle;
(5) For street vendors, the desired street location(s) of the vehicle(s); (6) Intended day(s) and hours of operation at such location(s); (7) Whether the vendor applicant intends to operate an open-air barbeque at such location(s); (8) The location of the toilet and handwashing facility required by this article; (9) If the toilet and handwashing facility required by this article is on private property, a copy of an enforceable contract between the private property owner and the vendor applicant allowing vendor to utilize such facilities on the day(s) and hours of operation; (10) A copy of the health permit required by this chapter; (11) An acknowledgement by the vendor applicant of the obligation to comply with Chapter 14 of Title 6 regarding food service waste reduction;
(12) Agreement by the applicant to indemnify and hold harmless the City, its officers and employees from any and all damages or injury to persons or property proximately caused by the act or neglect of the applicant or by hazardous or negligent conditions maintained at the applicant’s sales location; (13) Evidence of general liability and automobile liability insurance in a form and at levels of coverage acceptable to the City;
(14) Previous vending permits issued to the vendor applicant in other cities and the status of those permits;
(15) Such further information as the Police Department may require. (e) The application shall be accompanied by an application fee for each vehicle of a street vendor and/or each location of a sidewalk vendor. If the application is denied, the application fee shall not be returned to the vendor applicant. The application fee shall be set forth in the City’s Master Fee Schedule. (f) The Police Department shall conduct an investigation of the application and may issue a vendor permit to the vendor applicant within thirty (30) days of its receipt if the Police Chief finds that all of the following conditions have been met:

Chapter 5-27 SIDEWALK AND STREET VENDORS
http://www.codepublishing.com/CA/Emeryville/html/Emeryville05/Emeryville0527.html (1) An accurate application has been filed;
(2) The required application fee has been paid;
(3) All applicable provisions of this article have been or will be met; (4) The vending locations are in compliance with Section 5-27.1.05, will not cause evident traffic congestion, impede pedestrian or bicycle movement, or violate applicable Federal or State accessibility laws; and
(5) The applicant and all the persons listed in subsection (d)(1) of this section have no previous convictions under State law concerning theft, possession of stolen property, or the sale of narcotics. (g) The Police Chief may deny the application if it is inaccurate, incomplete or unable to meet the requirements of subsection (f) of this section, or if no application fee has been submitted. (h) The Police Chief may revoke a vendor permit if it is determined and found thereafter that the application was inaccurate, that the permit holder failed to meet requirements of this article, or that the vendor is operating in a manner detrimental to public health, safety or the general welfare of the City. (i) Any revocation of a vendor permit or denial of a vendor permit application may be appealed to the City Council pursuant to the provisions of Chapter 4 of Title 1. (Sec. 2 (part) (9-4.2005), Ord. 88-012, eff. Nov. 5, 1988; Sec. 3 (part), Ord. 10-016, eff. Dec. 16, 2010; Sec. 3 (part), Ord. 11-005, eff. June 2, 2011; Sec. 2 (part), Ord. 12-006, eff. Mar. 8, 2012. Formerly 5-27.05) 5-27.1.05 Vending Locations.

A vendor with a valid vendor permit shall be permitted on public streets and sidewalks from the hours of 6:00 a.m. until 12:00 a.m. daily, subject to the conditions set forth below:
(a) No vendor shall locate within three hundred feet (300') of the grounds of any elementary or secondary school on any school day;
(b) No vendor shall locate within five hundred feet (500') of a freeway entrance or exit; (c) No vendor shall locate within fifty feet (50') of any street or roadway intersection, crosswalk, fire hydrant, or bus stop;
(d) No vendor shall locate their operation in such a way that would restrict the ingress to or egress from the adjoining property;
(e) No vendor shall locate on any public sidewalk or within any public street adjacent to a curb which has been duly designated by the City as a white, yellow, blue or red zone; (f) No vendor shall locate within two hundred feet (200') of a permanent food facility during that facility’s operating hours;
(g) No vendor shall locate within two hundred feet (200') of any other vendor operating during the vending hours specified in this section;
Chapter 5-27 SIDEWALK AND STREET VENDORS
http://www.codepublishing.com/CA/Emeryville/html/Emeryville05/Emeryville0527.html (h) Vendors shall not operate in the RM Medium Density Residential Zone or the S-M Shoreline Management Zone, as those zones are described in Chapter 6 of Title 9, or any successor provision. (Sec. 2 (part) (9-4.2006), Ord. 88-012, eff. Nov. 5, 1988; Sec. 2, Ord. 10-010, eff. July 15, 2010; Sec. 3 (part), Ord. 10-016, eff. Dec. 16, 2010; Sec. 3, Ord. 10-020, eff. Jan. 20, 2011; Sec. 3 (part), Ord. 11-005, eff. June 2, 2011; Sec. 2 (part), Ord. 12-006, eff. Mar. 8, 2012. Formerly 5-27.06)
5-27.1.06 Cleanliness.

The vendor shall not leave any location without first picking up, removing and disposing of all trash or refuse from their operation that remains within twenty feet (20') of the vendor’s location. (Sec. 2 (part) (9-4.2008), Ord. 88-012, eff. Nov. 5, 1988; Sec. 3 (part), Ord. 10-016, eff. Dec. 16, 2010; Sec. 3 (part), Ord. 11-005, eff. June 2, 2011; Sec. 2 (part), Ord. 12-006, eff. Mar. 8, 2012. Formerly 5-27.07) 5-27.1.07 Open-Air Barbeques or Outdoor Wood-Burning Ovens.

Consistent with Health and Safety Code Section 114143, any open-air barbeque or outdoor wood-burning oven permitted to operate on any public street or sidewalk shall meet all of the following requirements:
(a) The open-air barbeque or outdoor wood-burning oven is operated on the same premises as, in reasonable proximity to, and in conjunction with a temporary food facility, or a mobile food facility that is operating at a community event. The vendor permit holder of the temporary food facility or mobile food facility shall be deemed to be the vendor permit holder of the open-air barbeque or outdoor wood-burning oven, and shall be responsible for ensuring it is operated in full compliance with this chapter. (b) The open-air barbeque or outdoor wood-burning oven is not operated in, or out of, any motor vehicle, or in any location that may constitute a fire hazard, as determined by the local enforcement officer and/or the City Fire Marshal.
(c) The open-air barbeque or outdoor wood-burning oven is separated from public access to prevent food contamination or injury to the public by using ropes or other approved methods. (d) The open-air barbeque shall be equipped with an impervious and easily cleanable floor surface that extends a minimum of five feet (5') from the open-air barbeque or outdoor wood-burning oven facility on all open sides.
(e) An open-air barbeque or outdoor wood-burning oven shall not operate on any day in which a “Spare the Air” alert or “No Burn” announcement has been issued by the Bay Area Air Quality Management District. (f) All ashes and coals shall be cooled before disposal. Ashes and coals shall be doused and saturated with water and the fire shall be completely extinguished. The ashes and coals shall then be placed into a metal container with a tight-fitting lid that is only used to collect ashes and coals and properly disposed of off-site of the farmers’ market. Ashes and coals shall not be placed into any City trash can at any time. (g) The Fire Chief or his/her designee may order the immediate suspension of open-air barbeque and/or outdoor wood-burning oven operations which are conducted in violation of this section, or which are deemed unsafe or constitute a public nuisance or hazard, as determined by the Fire Chief or his/her designee. (Sec. 3 (part), Ord. 10-016, eff. Dec. 16, 2010; Sec. 3 (part), Ord. 11-005, eff. June 2, 2011; Sec. 2 (part), Ord. 12-006, eff.

Mar. 8, 2012. Formerly 5-27.08)
Chapter 5-27 SIDEWALK AND STREET VENDORS
http://www.codepublishing.com/CA/Emeryville/html/Emeryville05/Emeryville0527.html 5-27.1.08 Operation Within Specified Distance of Toilet and Handwashing Facility.

A mobile food facility or temporary food facility shall be operated within two hundred feet (200') travel distance of an approved and readily available toilet and handwashing facility to ensure that restroom facilities are available to the vendor permit holder and any of its employees whenever the mobile food facility or temporary food facility is stopped to conduct business for more than a one (1) hour period or if the mobile food facility or temporary food facility operates an open-air barbeque or outdoor wood-burning oven. (Sec. 3 (part), Ord. 10-016, eff. Dec. 16, 2010; Sec. 3 (part), Ord. 11-005, eff. June 2, 2011; Sec. 2 (part), Ord. 12-006, eff.

Mar. 8, 2012. Formerly 5-27.09)
5-27.1.09 Certified Farmers’ Markets.

Notwithstanding the provisions of this article, vendors operating within a certified farmers’ market, permitted by this code, shall comply with all of the provisions of Chapter 35 of Title 5. (Sec. 2 (part), Ord. 12-006, eff. Mar. 8, 2012)
5-27.1.10 Penalties.

Any violations of this article shall be punishable as an infraction as provided in Chapter 2 of Title 1. Every day of vending without a valid vendor permit constitutes a separate offense. (Sec. 2 (part) (9-4.2009), Ord. 88-012, eff. Nov. 5, 1988; Sec. 3 (part), Ord. 10-016, eff. Dec. 16, 2010; Sec. 3 (part), Ord. 11-005, eff. June 2, 2011; Sec. 2 (part), Ord. 12-006, eff. Mar. 8, 2012. Formerly 5-27.10) Article 2. Peddlers and Solicitors
5-27.2.01. Definitions.

For purposes of this article, the following definitions apply:
(a) “Certified farmers’ market” shall be defined as provided in California Administrative Code Title 3, Section 1392 or any successor provision.
(b) “Code” means the Emeryville Municipal Code.
(c) “Food” shall be defined as provided in Health and Safety Code Section 113781 or any successor provision.
(d) “Peddle” means to sell and make immediate delivery, or offer for sale and immediate delivery, any nonfood goods, wares, merchandise, or thing in possession of the seller, or services of seller, at any place within the City other than from a fixed place of business. (e) “Peddler” means any person who peddles, as herein defined. (f) “Person” means an individual.
(g) “Police Chief” means the Chief of Police or his/her designee. (h) “Solicit” means to sell or take orders, or offer to sell or take orders, for any nonfood goods, wares, merchandise, or thing, for future delivery, or for services to be performed, at any place within the City other than a fixed place of business.

Chapter 5-27 SIDEWALK AND STREET VENDORS
http://www.codepublishing.com/CA/Emeryville/html/Emeryville05/Emeryville0527.html (i) “Solicitor” means any person who solicits, as defined herein. (Sec. 3 (part), Ord. 11-005, eff. June 2, 2011; Sec. 2 (part), Ord. 12-006, eff. Mar. 8, 2012) 5-27.2.02. Business Tax Certificate.

It shall be unlawful to peddle, solicit, or distribute any merchandise or services on any public street or sidewalk within the City without first obtaining a business tax certificate and paying the applicable business license tax for each peddler or solicitor, pursuant to Chapter 1 of Title 3. Notwithstanding those provisions, no business tax certificate shall be issued without evidence that the peddler or solicitor has obtained all permits required by this article. The original of the City business tax certificate shall be displayed conspicuously at all times at the location of a peddler or solicitor located on the public right-of-way or, in the case of a mobile peddler or solicitor, on demand from any law enforcement officer or upon demand of any person to whom the peddler or solicitor is peddling or soliciting. (Sec. 3 (part), Ord. 11-005, eff. June 2, 2011; Sec. 2 (part), Ord. 12-006, eff. Mar. 8, 2012) 5-27.2.03. Permit to Operate.
(a) No person shall peddle or solicit on any public street or public sidewalk in the City without a valid permit issued by the Police Department. Evidence of such permit shall accompany the business tax certificate application or renewal application to the Finance Department. (b) Any permit issued pursuant to this article shall automatically expire, terminate, and be of no further force and effect at 5:00 p.m. on December 31 of each year. (c) Any permit issued pursuant to this article is nontransferable. (d) A peddler or solicitor applicant desiring a peddler or solicitor permit shall file an annual application with the Chief of Police, on a form furnished by the Police Department, setting forth the following information and including the accompanying data:
(1) Names, addresses and telephone numbers of the applicant and of all persons financially interested in the business;
(2) A statement of the type of goods, property, or service to be peddled or solicited; (3) The names and addresses of at least two (2) references as to the applicant’s moral character, honesty and integrity;
(4) Identification of any vehicle intended to be used for peddling or soliciting; (5) The intended location of peddling or soliciting activities; (6) Agreement by the applicant to indemnify and hold harmless the City, its officers and employees from any and all damages or injury to persons or property proximately caused by the act or neglect of the applicant or by hazardous or negligent conditions maintained at the applicant’s sales location; (7) Evidence of general liability and automobile liability insurance in a form and at levels of coverage acceptable to the City;
Chapter 5-27 SIDEWALK AND STREET VENDORS
http://www.codepublishing.com/CA/Emeryville/html/Emeryville05/Emeryville0527.html (8) Previous peddling or soliciting permits issued to the applicant in other cities and the status of those permits; and
(9) Such further information as the Police Department may require. (e) The applicant shall also furnish his/her fingerprints and thumbprints to be taken by the Police Department.
(f) The application shall be accompanied by an application fee. If the application is denied, the application fee shall not be returned to the applicant. The application fee shall be set forth in the City’s Master Fee Schedule.
(g) The Police Department shall conduct an investigation of the application and may issue a peddler or solicitor permit to the applicant within thirty (30) days of its receipt if the Police Chief finds that all of the following conditions have been met:
(1) An accurate application has been filed;
(2) The required application fee has been paid;
(3) All applicable provisions of this article have been or will be met; and (4) The applicant and all the persons listed in subsection (d)(1) of this section have no previous convictions under State law concerning theft, possession of stolen property, the sale of narcotics, or a crime involving moral turpitude.
(h) Every peddler or solicitor, at all times while engaged in peddling or soliciting, shall have in his/her immediate possession the permit issued under the provisions of this section and when so peddling or soliciting shall display the same upon demand of any law enforcement officer and upon demand of any person to whom the peddler or solicitor is peddling or soliciting. (i) Every vehicle used for peddling or soliciting shall display the permit issued pursuant to this article in a conspicuous place in said vehicle.
(Sec. 3 (part), Ord. 11-005, eff. June 2, 2011; Sec. 2 (part), Ord. 12-006, eff. Mar. 8, 2012) 5-27.2.04 Permit Denial or Revocation.
(a) The Police Chief may deny a permit application if it is inaccurate, incomplete or unable to meet the requirements of Section 5-27.2.03, or if no application fee has been submitted. (b) The Police Chief may revoke a permit if any of the following are determined and found after permit issuance:
(1) The application was inaccurate;
(2) Any violation of this article;
(3) Conviction of the permit holder of any felony or crime involving moral turpitude; or Chapter 5-27 SIDEWALK AND STREET VENDORS
http://www.codepublishing.com/CA/Emeryville/html/Emeryville05/Emeryville0527.html (4) Peddling or soliciting in an unlawful manner or in such a manner which is detrimental to public health, safety or the general welfare of the City.
(c) Any revocation of a permit or denial of a permit application may be appealed to the City Council pursuant to the provisions of Chapter 4 of Title 1.
(Sec. 3 (part), Ord. 11-005, eff. June 2, 2011; Sec. 2 (part), Ord. 12-006, eff. Mar. 8, 2012) 5-27.2.05. Peddling or Soliciting Locations.

A peddler or solicitor with a valid permit shall be permitted on public streets and sidewalks from the hours of 8:00 a.m. until 7:00 p.m. daily, subject to the conditions set forth below:
(a) No peddler or solicitor shall operate within three hundred feet (300') of the grounds of any elementary or secondary school on any school day;
(b) No peddler or solicitor shall locate within five hundred feet (500') of a freeway entrance or exit; (c) No peddler or solicitor shall locate within fifty feet (50') of any street or roadway intersection, crosswalk, fire hydrant, or bus stop;
(d) No peddler or solicitor shall locate their operation in such a way that would restrict the ingress to or egress from the adjoining property;
(e) No peddler or solicitor shall locate on any public sidewalk or within any public street adjacent to a curb which has been duly designated by the City as a white, yellow, blue or red zone; (f) No peddler or solicitor shall locate within two hundred feet (200') of any other peddler or solicitor operating during the vending hours specified in this section; (g) Peddlers and solicitors shall not operate in the RM Medium Density Residential Zone or the S-M Shoreline Management Zone, as those zones are described in Chapter 6 of Title 9, or any successor provision.
(Sec. 3 (part), Ord. 11-005, eff. June 2, 2011; Sec. 2 (part), Ord. 12-006, eff. Mar. 8, 2012) 5-27.2.06. Hours When Prohibited.

It is unlawful for any person to peddle or solicit before 8:00 a.m. or after 7:00 p.m. of any day. (Sec. 3 (part), Ord. 11-005, eff. June 2, 2011; Sec. 2 (part), Ord. 12-006, eff. Mar. 8, 2012) 5-27.2.07. Certified Farmers’ Markets.

Notwithstanding the provisions of this article, peddlers and solicitors operating within a certified farmers’ market, permitted by this code, shall comply with all of the provisions of Chapter 35 of Title 5. (Sec. 3 (part), Ord. 11-005, eff. June 2, 2011; Sec. 2 (part), Ord. 12-006, eff. Mar. 8, 2012) 5-27.2.08. Penalties.

Any violations of this article shall be punishable as an infraction as provided in Chapter 2 of Title 1. Every day of peddling or soliciting without a valid permit constitutes a separate offense.

Chapter 5-27 SIDEWALK AND STREET VENDORS
http://www.codepublishing.com/CA/Emeryville/html/Emeryville05/Emeryville0527.html (Sec. 3 (part), Ord. 11-005, eff. June 2, 2011; Sec. 2 (part), Ord. 12-006, eff. Mar. 8, 2012) The Emeryville Municipal Code is current through Ordinance 16-003, passed February 2, 2016.

Disclaimer: The City Clerk's Office has the official version of the Emeryville Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above.

City Website: http://www.ci.emeryville.ca.us
City Telephone: (510) 596-4300
Code Publishing Company
Chapter 5-27 SIDEWALK AND STREET VENDORS
http://www.codepublishing.com/CA/Emeryville/html/Emeryville05/Emeryville0527.html ORDINANCE NO. 680

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA, ADDING CHAPTER 8.42 TO THE INDIAN WELLS

MUNICIPAL CODE REGARDING THE REGULATION OF MOBILE FOOD

FACILITIES
WHEREAS, the City of Indian Wells is authorized to regulate mobile food facilities within its jurisdiction subject to the limitations set forth in Vehicle Code section 22455; and WHEREAS, the City wishes to adopt mobile food facility regulations in compliance with applicable law; and
WHEREAS, the City's regulations are based on the following findings:

1. Regulating the hours and location of mobile vendors benefits the health, safety and welfare of City residents because the operation of these vehicles at inappropriate hours or locations creates traffic hazards, blocks adjacent sidewalks to pedestrians, results in unwanted noise, littering and loitering at that location and/or creates hazards for children.

2. Regulating the manner and type of mobile vendors benefits the health, safety and welfare of the City because the inappropriate operation and uncontrolled proliferation of these vehicles creates traffic hazards, blocks adjacent sidewalks to pedestrians, results in unwanted noise, littering and loitering at that location and/or creates hazards for children.

3. Regulating mobile vendors on private property is consistent with the City's interests in the aesthetics of the community.

4. Prohibiting mobile vendors from operating within City parks and recreation facilities is consistent with the City's interest in the aesthetics of the community, fair competition and otherwise ensuring the proper use of City property.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIAN WELLS, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

SECTION !. Chapter 8.42 is hereby ADDED to the Indian Wells Municipal Code to read in full as set forth in the attached Exhibit "A" and incorporated by this reference.

SECTION ~. Severability. If any provision, clause, sentence or paragraph of this Ordinance, or the application thereof to any person or circumstances, shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance which can be given effect without the invalid provision or application and, to this end, the provisions of this Ordinance are hereby declared to be severable. This Ordinance amends, adds to, or deletes (as applicable) sections of the Indian Wells Municipal Code.

SECTION .3,. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after passage.

SECDON ~. Publication. The City Clerk is directed to publish this Ordinance in the manner and in the time required by law.

City of Indian Wells
Ordinance No. 680

Page 2 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Indian Wells, California, at an adjourned regular meeting of the City Council held on 18th day of September, 2014.

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.

CITY OF INDIAN WELLS )
CERTIFICATION FOR ORDINANCE NO. 680
I, Wade G. McKinney, City Clerk of the City Council of the City of Indian Wells, California, DO HEREBY CERTIFY that Ordinance No. 680, having been regularly introduced at the meeting of August 21, 2014, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at an adjourned regular meeting of the City Council held on this 18th day of September, 2014, and said Ordinance was passed and adopted by the following stated vote, to wit:

AYES: Hanson, Mertens, Mullany, Peabody, Roche
NOES: None
and was thereafter on said day signed by the Mayor of the City of Indian Wells ATTEST: APPROVED AS TO FORM:
vLG.M CITY MANAGER/CITY CLERK u£~~ CITY ATTORNEY
City of Indian Wells
Ordinance No. 680

Page 3 ends

Sections:

8.42.010

8.42.020

8.42.030

8.42.040

8.42.050

8.42.060
Definitions.

EXHIBIT "A"
"Chapter 8.42
MOBILE FOOD FACILmES
Mobile Food Facility on Public or Private Property.

Mobile Food Facility in the Right of Way.

Mobile Food Facility Permit.

Mobile Food Facility Permit Issuance and Denial.

Violations and Penalties.

8.42.010 Definitions.

For purposes of this chapter, the following words or phrases shall have the following meanings:
"Food or food products" means any type of edible victuals or beverage. "Mobile food facility" means any self-propelled, motorized device or vehicle by which any person or property may be propelled or moved upon a highway, excepting a device moved exclusively by human power, or which may be drawn or towed by a self-propelled, motorized vehicle, from which food or food products are sold, offered for sale, displayed, bartered, exchanged or otherwise given. Mobile food facility shall not include any vehicle only vending prepackaged food provided that the owner or operator of the vehicle has obtained all applicable state, local and City permits and approvals.
"Prepackaged Food" means any properly labeled and processed food, prepackaged to prevent any direct human contact with the food product upon distribution from the manufacturer, and prepared at an approved source.
"Vend" or "vending" means to sell, offer for sale, display, barter, exchange, or otherwise give food or food products from a mobile food facility.
"Vendor" means a person who vends, including an employee or agent of a vendor.

8.42.020 Mobile Food Facility on Public or Private Property. (a) No mobile food facility may vend or locate on any private property or City property except as permitted in this section. All permitted operations on private property or City property shall comply with the operational standards set forth in Subsection (a), (b), (f) to (q), and (t) of Section 8.42.030 (Mobile Food Facility in the Right of Way). (b) Mobile food facilities may vend or locate on non-residential private property with written permission from the property owner pursuant to a site permit issued under this section or if approved as part of a Temporary Use Permit (TIJP) for a special event as outlined in Section

21.60.060 (Temporary Uses). In addition, any mobile food facility participating in a City City of Indian Wells
Ordinance No. 680

Page 4 ends

sponsored event shall not be required to obtain a site permit or TUP and may vend as part of the City sponsored event.
(c) Mobile food facilities wishing to obtain a site permit to vend on private property located in a non-residential zone or City property outside of the public right-of-way shall file a written request to do so at least ten (10) days prior to the requested date of vending. Such request may be made on a form prescribed by the Community Development Director and shall include, at a minimum, the location, date, and time of the requested vending. Mobile food facilities may request, and the Community Development Director may grant, a site permit covering multiple dates and times and locations. No application for a site permit shall be accepted unless the application is accompanied by a fee in an amount set by City Council resolution. (d) The Community Development Director shall evaluate and consider any request for a site permit. The Community Development Director may approve, conditionally approve or deny the request consistent with the requirements of this chapter and the public health, safety, and welfare. The Community Development Director's decision may be appealed in the same manner as a mobile food facility permit.
(e) Violation of any site permit shall be grounds for suspension or revocation of a mobile food facility permit. A site permit may be suspended or revoked in the same manner as a mobile food facility permit.

8.42.030 Mobile Food Facility in the Right of Way.

A vendor may locate its mobile food facility in the public right-of-way as long as the vendor adheres to the following standards and conditions:
(a) The vendor has a valid mobile food facility permit and business license from the City, including insurance as defined in Subsection (o) below. (b) The mobile food facility is in full compliance with all parking and Vehicle Code provisions which apply to the location at which it is parked.
(c) The mobile food facility does not obstruct pedestrian or vehicular traffic. (d) Vending is prohibited on the exposed street and/or vehicular traffic side of the mobile food facility.
(e) The vendor shall not distribute any item from the mobile food facility in a manner that causes any person to stand in that portion of the street that is between the vehicle and the center of the street.
(f) The vendor shall not encroach onto a public sidewalk with any part of its mobile food facility or any other equipment or furniture related to the operation of its business. (g) The mobile food facility has a valid permit, certificate or other required approval from the Riverside County Department of Health.
~..,
I I
~
I
City of Indian Wells
Ordinance No. 680

Page 5 ends

(h) All food products sold or provided from the mobile food facility shall comply with all applicable food labeling requirements established by the State of California and the vendor must obtain all required permits, including without limitation, health permits, to sell or provide such items.
(i) No alcohol beverage, general merchandise or commercial sales other than food are permitted.
(j) No amplified music is permitted.
(k) A mobile food facility is limited to two {2) signs excluding exterior graphics. The exterior sign shall be secured at all times that the mobile food facility is moving. No sandwich board or other signs are permitted on the ground in the area or on the mobile food facility. (I) No vendor may engage in vending or otherwise operate a mobile food facility:
(1) Within one hundred and fifty (150') feet from the outer edge of any entrance of any business on private property during the hours such business is open to the public. This prohibition may be waived with the written consent of such business. (2) Within twenty-five (25') feet of any street intersection controlled by a traffic light, crosswalk, or stop sign.
(3) Within twenty-five (25') feet of a bus stop.
( 4) No mobile food facility may be locate within three hundred (300') feet of the nearest property line of any property on which a public or private school building is located, between the hours of 7:00 a.m. and 5:00 p.m. of any school day .. (m) A mobile food facility may only stand or park in the public right of way between the hours of 9:00 a.m. and dusk.
(n) No vendor shall engage in vending unless he or she maintains a clearly designated litter receptacle in the immediate vicinity of the mobile food facility, marked with a sign requesting use by patrons. Prior to leaving the location, the vendor shall pick up, remove and dispose of all trash generated by the vendor's operation located within a twenty-five-foot (25') radius of the mobile food facility's location. This does not include picking up trash in the street in an unsafe manor. ( o) The vendor shall maintain insurance, as deemed acceptable in the reasonable discretion of the City, and provide to the City written certification thereof, against liability for death or injury to any person and damage to property as a result of ownership, operation, or use of its mobile food facilities. The City Council may adopt insurance requirements as set by resolution. In addition, the vendor shall indemnify, defend and hold the City harmless from any claims arising out of or related to the vendor's ownership, operation, or use of its mobile food facilities, except as otherwise permitted by applicable law.
(p) The vendor shall not discharge any liquid (e.g. water, grease, oil, etc.) onto or into City streets, storm drains, catch basins, or sewer facilities. All discharges shall be contained and properly disposed of by the vendor.

City of Indian Wells
Ordinance No. 680

Page 6 ends

( q) A mobile food facility shall be operated within two hundred (200') feet travel distance of 1 an approved and readily available toilet and handwashing public facility to ensure that restroom , facilities are available to customers or truck employees whenever the mobile food facility is stopped to conduct business for more than a one-hour period. (r) A mobile food facility may not stand or park in the public right of way with a street speed limit of 35 mph or less, regardless if it is posted.
(s) A mobile food facility may not stand or park in one spot in the public right of way for more than one (1) hour.
(t) Mobile food facilities shall comply with all applicable state and local laws.

8.42.040 Mobile Food Facility Permit.
(a) No mobile food facility or vendor may vend in the City without first obtaining and having in his or her possession an annual mobile food facility permit issued by the City's Community Development Director in accordance with this chapter.
(b) To receive a mobile food facility permit, a vendor must complete a pe.rmit application on the form approved by the City and file it with the City. The Applicant must provide the following information:
(1) Applicant's full name and address.
(2) Proof of Applicant's identity.
(3) Proof of insurance coverage satisfactory to City.
(4) A brief description of the type of food products to be sold. This shall include the nature, character and quality of the product.
(5) The location and/or streets where the Applicant plans to vend. (6) If Applicant is employed by another to vend, the name and business address of the employer.
(7) A description of the vending vehicle, including logo and color scheme, its registration number, and its license number.
(8) A copy of the valid Riverside County Department of Health permit. (9) A copy of the Applicant's City business license.
(10) A certification that he or she complies with all local, state and federal laws regarding food product vending, including all applicable sales tax requirements and this chapter. t-1
i
i
City of Indian Wells
Ordinance No. 680

Page 7 ends

(c) No application for a new or renewed mobile food facility permit shall be accepted unless the application is accompanied by a fee in an amount set by City Council resolution.

8.42.050 Mobile Food Facility Permit Issuance and Denial. (a) Upon receipt of a written application for a mobile food facility permit, the Community Development Director shall conduct such investigation as he or she deems appropriate to determine whether a mobile food facility permit should be approved. A permit shall be approved, conditionally approved, or denied within thirty (30) calendar days of the filing of an application.

The mobile food facility permit shall be approved unless one of the following findings is made:
(1) The Applicant has knowingly made a false, misleading or fraudulent statement of fact to the City in the application process.
(2) The application does not contain the information required by this chapter. (3) The Applicant has not satisfied the requirements of this chapter. (b) The City may condition the approval of any mobile food facility permit to ensure compliance with this chapter and other applicable laws. (c) Any mobile food facility permit shall be valid for the term of one (1) calendar year (January -December). Upon the expiration of the mobile food facility permit, an application for renewal shall be filed in a like manner as an application for an original mobile food facility permit, and such renewal permit shall be approved or conditionally approved only when the requirements for the issuance of an original permit are met.
(d) Any mobile food facility permit may be suspended or revoked by the Community Development Director for failure to comply with the terms and conditions of this chapter. Such suspension or revocation shall be made with written notice to the permit holder, stating the grounds for the revocation and the procedures for appealing the same. The permit holder may appeal this decision by filing a written request for appeal with the City Clerk within fifteen (15) days of the date of the notice. Any revocation or suspension shall be stayed during the pendency of the appeal unless the immediate public health or safety requires otherwise. The hearing on the appeal shall be held within sixty (60) calendar days of the appeal request unless otherwise agreed to by the parties. The City Council may conduct the hearing or designate a hearing officer, consistent with applicable law, to do so. The City Council's or hearing officer's decision shall be final.
(e) A mobile food facility permit shall not be assignable or transferable.

8.42.060 Violations and Penalties.

All penalties for violations of this chapter shall be as set forth in Chapter 1.16 General Penalty of the Indian Wells Municipal Code. The penalties provided in Chapter 1.16 are cumulative to any other penalty provided by law."

9-2-124 Mobile food facilities. Revised 6/15
(a) Purpose. The purpose of this section is to allow mobile food facilities to operate within the City through an expedited permitting process that ensures that such uses are operated in a manner that is safe and secure, and will not create adverse impacts to either the property on which they are located or to the immediate neighborhood. (b) Mobile food facility permit required. Any person must obtain a mobile food facility permit prior to operating a mobile food facility on private property within the City. The approval shall be specific to a location and shall not be transferable to other locations or operators.

Operation of a mobile food facility shall not be permitted on public property under this section.

An application for a permit shall be submitted for approval of a mobile food facility permit not less than fifteen (15) days before the use is intended to begin. The application shall be on a form prescribed for that purpose, and shall include the written consent of the owner of the property on which the use is to be located and, if different, the business owner providing restroom facilities within two hundred (200') feet as prescribed by the California Health and Safety Code Section 114250.1.
(c) Mobile food facility permit application: Review and approval. (1) Once an application has been accepted as complete, the Development Services Director or designee shall take action within fifteen (15) days. (2) Once an application has been accepted as complete, the Development Services Director or designee shall refer the permit application to City departments and any other agencies deemed appropriate by the Development Services Director. (3) In considering an application for a permit pursuant to this section, the Development Services Director or designee shall approve the permit only if it makes the following findings and subject to the limitations and conditions of this section:
(i) The proposed location is on an improved property that is entirely paved and shall not interfere with the operation of any approved uses on the site; (ii) The site is adequate to support the operation of the mobile food facility and the mobile food facility will not adversely affect adjacent structures and uses, or the surrounding neighborhood;
(iii) The proposed use will not adversely affect the circulation and flow of vehicular and pedestrian traffic in the immediate area;
(iv) The proposed use will not create a demand for additional parking which cannot be met safely and efficiently in existing parking areas; (v) The proposed use will not conflict with the terms or intent of any planned unit development permit or conditional use permit currently in effect on the property; (vi) The proposed use and location complies with all applicable requirements of the Turlock Municipal Code, the California Building and Fire Codes, and any other applicable local, regional, State or Federal laws or regulations; and (vii) The proposed use will not otherwise constitute a nuisance or be detrimental to the public welfare of the community.
(d) Limitations of use by zoning district. A mobile food facility may be permitted to operate on any property zoned for commercial or industrial uses, except the C-O commercial office district and the DC downtown core, DCT downtown core transition, and OR office residential overlay districts.
(e) Limitation on number and concentration of mobile food facilities. On properties of less than one (1) acre in size, no more than one (1) mobile food facility shall be permitted at one (1) time.
(f) Mobile food facility permit and renewals. The mobile food facility permit shall expire on December 31st each calendar year. Applications received after October 1st of each calendar year shall be given a renewal date that ends on December 31st of the following year. Each renewal shall be subject to the findings and conditions outlined in this section. There shall be no limit on the number of renewals that may be granted. (g) Conditions. In authorizing an application for a mobile food facility permit, the Development Services Director shall include as conditions of approval the following minimum provisions:
(1) The use shall be conducted entirely upon private property and not within any public right-of-way;
(2) The use shall conform to all applicable building, electrical, fire, plumbing, engineering, solid waste, wastewater, water quality, and environmental regulations and laws;
(3) No permanent structures may be constructed on the site to support the operation of the mobile food facility;
(4) No signs, balloons, or flags may be displayed on or off the site to promote the mobile food facility except those permanently affixed to the mobile food vehicle/trailer; (5) No outdoor music, live or amplified, is permitted;
(6) Temporary canopies or tents less than one hundred twenty (120) square feet may be erected but must be removed at the end of each business day; (7) No more than two (2) small tables seating up to a total of ten (10) people may be permitted and must be removed at the end of each business day; (8) Vehicle and temporary canopies or tents shall not be located closer than twenty (20') feet to a building or structure;
(9) Vehicle and any temporary canopies or tents shall not be located on the same parcel, or closer than one hundred (100') feet from the lot line of an adjacent parcel, on which a flammable, combustible, or liquid petroleum gas dispensing or storage container is located;
(10) Provisions for fire protection and fire vehicle access shall be made as prescribed by the Fire Marshal;
(11) The site shall be continuously maintained free of weeds, litter, and debris; (12) Within three (3) days after ceasing operation of the mobile food facility at any location, the site shall be completely cleaned; all trash, debris, signs, sign supports, and temporary electrical service will be removed;
(13) The mobile food facility operator shall obtain and maintain a valid Turlock business license at all times;
(14) An agreement for the use of properly operating restroom facilities within two hundred (200') feet of the vehicle’s location shall be maintained at all times; and (15) Any additional limitations or conditions as required by the Development Services Director as conditions of approval.
(h) Fee. A fee shall be paid by the applicant to cover the costs of processing and administering the mobile food facility permit application. Such fee shall be set by City Council resolution, and may be amended from time to time.
(i) Suspension or revocation of mobile food facility permit. Any mobile food facility permit may be suspended or revoked in accordance with the procedures and standards of Article 11 of Chapter 9-5 TMC (Enforcement). The permit shall be automatically suspended and may be revoked when the permit issued by the Stanislaus County Environmental Resources Department is suspended or revoked for any reason.
(j) Appeal. The decision of the Development Services Director may be appealed as provided by Chapter 1-4 TMC.
(1208-CS, Amended, 05/28/2015; 1207-CS, Rep&ReEn, 05/28/2015) Article 2. - Denitions
Abandoned. A use that has ceased or a structure that has been vacated for a time period as specied in this title. Abandonment does not include temporary or short-term interruptions to a use or occupancy of a structure during periods of remodeling, maintaining, or otherwise improving or rearranging a facility.

Accessory building. See building, accessory.

Accessory dwelling unit. See second dwelling unit.

Accessory structure. See structure, accessory.

Accessory use. See use, accessory.

Acre, gross. A measure of total land area of a lot or site, including areas to be dedicated for public rights-of-way, streets, schools, or other dedications.

Acre, net. A measure of land area of a lot or site remaining after dedication of all areas for public rightsof-way, streets, schools, or other dedications.

Adjacent. Contiguous, having a common border, boundary, or lot line. Lots or parcels of land that touch at corners only shall not be deemed adjacent. Includes properties directly across an alley.

Adjoining. See "adjacent".

Adult-oriented business. An establishment or concern that, as a regular and substantial course of conduct, oers, sells or distributes adult-oriented merchandise, or that oers to its patrons materials, products, merchandise, services, entertainment or performances that have sexual arousal, sexual gratication, and/or sexual stimulation as their dominant theme, or are characterized by an emphasis on specied sexual activities or specied anatomical areas and are not customarily open to the general public because they exclude minors by virtue of their age. This classication does not include any establishment oering professional services conducted, operated, or supervised by medical practitioners, physical therapists, nurses, chiropractors, psychologists, social workers, marriage and family counselors, osteopaths, and persons holding licenses or certicates under applicable State law or accreditation from recognized programs when performing functions pursuant to the respective license or certicate. Includes sexually oriented businesses. See Section 9-5.102, Adult-Oriented Businesses.

Aordable housing. Residential units for rent or sale which are intended for or restricted to households of very low, low and moderate income as dened by Sections 50079.5, 50093 and 50105 of the Health and Safety Code.

Agriculture. The art, science or practice of cultivating the ground, harvesting the crops, rearing and management of livestock, tillage, husbandry, farming, horticulture, and forestry.

Aggrieved person. Any person who, in person or through a representative, appeared at a City public hearing in conjunction with a decision or action appealed or who, by other appropriate means prior to a hearing, informed the local government of the nature of his or her concerns or who, for good cause, was unable to do either.

Aircraft sales, services and storage. Uses related to the rental, sales, manufacturing, maintenance, repair and storage of aircraft.

Alley. A public or private vehicular way typically providing a secondary means of access to adjoining property, and not meant to provide a through trac route, the longitudinal boundaries of which are dened by property lines or easements.

Alteration. Any change, addition or modication that changes the exterior architectural appearance or materials of a structure or object. Alteration includes changes in exterior surfaces, changes in materials, additions, remodels, demolitions, and relocation of buildings or structures, but excludes ordinary maintenance and repairs. See also "structural alterations" for modications to any of the supporting members of a structure.

Americans with Disabilities Act (ADA). United States Public Law 101-336, 104 Stat. 327 (July 26, 1990), codied at 42 U.S.C. Section 12101 et seq.

Ancillary. Accompanying, auxiliary.

Animal keeping. The raising of animals as an accessory use to a primary residential use. See Chapter 5, Article 1.104, Animal Keeping.

Animal raising. The raising, grazing, or feeding of animals for animal products, animal increase, or value increase, and dairying as an accessory use on farms with dairy cattle. It includes the raising of livestock, poultry and sh.

Animal-related terms.

Animal husbandry. The care and breeding of domestic farm animals such as cattle, hogs, sheep and horses.

Household pet. Any domesticated animal customarily permitted and kept in a dwelling and kept only for the company or pleasure provided to the occupants of the dwelling, such as a dog, cat, bird, rodent (including a rabbit), sh, reptile or turtle, to the extent allowed by California law.

Kennels. Facilities for keeping, boarding, training, breeding or maintaining for commercial purposes, four (4) or more dogs, cats, or other household pets not owned by the kennel owner or operator. This classication excludes pet shops and animal hospitals that provide twenty-four (24) hour accommodation of animals receiving medical or grooming services.

Livestock. Any domestic animals such as cattle, horses, donkeys, mules, burros, sheep, hogs, or goats.

Includes sh.

Pet stores. Retail sales of animals and/or services, including grooming, for animals on a commercial basis. This classication excludes dog walking and similar pet care services not carried out at a xed location, and excludes pet supply stores that do not sell animals or provide on-site animal services.

Veterinary services. Medical care for small animals on a commercial basis. This classication allows twenty-four (24) hour accommodation of animals receiving medical or grooming services but does not include kennels.

Apartment. A multiple residence with three (3) or more units, in which residential units are rented for a month or longer. See also residence, multiple.

Area, gross. The horizontal area within the boundaries of a lot or site including any area for future streets, parks, and other dedications.

Artists' studios. Work space for artists and artisans, including individuals practicing one of the ne arts or performing arts, or skilled in an applied art or craft. Incidental retail sales of items produced on the premises is required.

Assembly plant. A plant with an arrangement of machines, tools and workers assembled in a particular sequence along a direct line or route.

Authority. The appropriate person, ocial, or body designated to hear, grant, deny, modify, condition, revoke permits required by the Coalinga Zoning Ordinance.

Automobile/vehicle sales and services.

Automobile/vehicle rentals. Rental of automobiles, including storage and incidental maintenance.

Automobile/vehicle sales and leasing. Sales or leasing of automobiles, boats, motorcycles, trucks, and motor homes, including storage and incidental maintenance.

Automobile/vehicle repair, major. Repair of automobiles, trucks, motorcycles, motor homes, boats and recreational vehicles, including the sale, installation, and servicing of related equipment and parts, generally on an overnight basis. This classication includes auto repair shops, body and fender shops, transmission shops, wheel and brake shops, auto glass services, and tire sales and installation, but excludes vehicle dismantling or salvaging and tire retreading or recapping.

Automobile/vehicle service and repair, minor. The service and repair of automobiles, light-duty trucks, boats, and motorcycles, including the sale, installation, and servicing of related equipment and parts.

This classication includes quick-service oil, tune-up and brake and muer shops where repairs are made or service provided in enclosed bays and no vehicles are stored overnight. This classication excludes establishments providing engine repair, body and fender work, vehicle painting, or towing. It also excludes repair of heavy trucks or construction vehicles.

Automobile/vehicle washing. Washing, waxing, or cleaning of automobiles or similar light vehicles, including self-serve washing facilities.

Large vehicle and equipment sales, service and rental. Sales, servicing, rental, fueling, and washing of large trucks, trailers, tractors, and other equipment used for construction, agricultural, or landscape gardening activities. Includes large vehicle operation training facilities. Sales of new or used automobiles or trucks are excluded from this classication.

Service station. Establishments primarily engaged in retailing automotive fuels or retailing these fuels in combination with activities, such as providing repair services; selling automotive oils, replacement parts, and accessories; and/or providing food services.

Towing and impound. Establishments primarily engaged in towing light or heavy motor vehicles, both local and long distance. These establishments may provide incidental services, such as vehicle storage and emergency road repair services. (For automobile/dismantling, see salvage yards) Balcony. A platform that projects from the wall of a building thirty (30) inches or more above grade.

Bakery. A shop where baked goods are made and/or sold.

Banks and nancial institutions.

Banks and credit unions. Financial institutions providing retail banking services. This classication includes only those institutions engaged in the on-site circulation of money, including credit unions, but excluding check-cashing businesses.

Check cashing businesses. Establishments that, for compensation, engage in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. This classication also includes the business of deferred deposits, whereby the check casher refrains from depositing a personal check written by a customer until a specic date pursuant to a written agreement as provided in Civil Code 1789.31. Check Cashing Businesses do not include state or federally chartered banks, savings associations, credit unions, or industrial loan companies. They also do not include retail sellers engaged primarily in the business of selling consumer goods, such as consumables to retail buyers, that cash checks or issue money order incidental to their main purpose or business.

Bar. See eating, drinking and smoking establishments.

Base district. A zoning district that includes use, height, bulk, space, and development standards for the regulation of development in a particular area.

Bed and breakfast. A residence or commercial building with six (6) or fewer rooms, serving meals to registered guests for accommodation of travelers staying fewer than thirty (30) days.

Bedroom. Any room located within a dwelling unit that is used primarily for sleeping purposes by its residents and that contains at least seventy (70) square feet of oor area.

Rooms designated as a "den", "library", "study", "loft" or other extra room that satises this denition and is not a kitchen, living room, or bath will be considered a bedroom.

Bicycle parking, long-term. Bicycle parking that is designed to serve employees, students, residents, commuters, and others who generally stay at a site for four (4) hours or longer.

Bicycle parking, short-term. Bicycle parking that is designed to serve shoppers, customers, messengers, guests, and other visitors to a site who generally stay for a period of less than four (4) hours.

Block. All property fronting upon one side of a street, between intersecting and intercepting streets, or between a street and a railroad right-of-way, waterway, dead-end street or unsubdivided land.

Blockface. All property between two (2) intersections that fronts upon a street or is adjacent to a public right-of-way.

Boardinghouse. A residence where lodging or meals are provided to persons renting rooms for a month or longer.

Building. Any structure enclosed by a roof and by walls on three or more sides, and having a xed location upon the ground.

Building footprint. See footprint.

Building front. That portion of the main building which aords public entry. In the case of a building with more than one public entry, the entrance with the assigned address shall be considered the main public entry.

Building height. See height.

Building materials and services. Retailing, wholesaling, or rental of building supplies or equipment. This classication includes lumber yards, tool and equipment sales or rental establishments, and includes establishments devoted principally to taxable retail sales to individuals for their own use. This denition does not include contractors' yards and hardware stores less than 10,000 square feet in oor area (see retail sales).

Building, accessory. A subordinate building, the use of which is incidental to that of the main building on the same lot.

Building, main. The building in which the principal use on a lot is conducted.

Building Ocial. The Building Ocial is the City Manager or his or her designee. The Building Ocial is under general administrative direction, to manage and coordinate the activities of the building and inspection functions of the City; to assume responsibility for implementing City activities related to setting and ensuring compliance with building standards including plan check, inspection and zoning matters. Work may be conducted by the Building Ocial or his or her division sta.

Business. A commercial use involving the purchase, sale or other transaction involving the handling or disposition of any article, service, substance or commodity for livelihood or prot; or the management of oces, structures and premises; or the maintenance and use of recreational or amusement enterprises; or the maintenance and use of oces and facilities by professions and trades rendering service.

Business oce. A building or part of a building in which one or more persons are employed primarily in the administration, management, or conducting of a business, sometimes incidental to other business activities.

Business services. Establishments that primarily provide goods and services to other businesses on a fee or contract basis, including printing and copying, blueprint services, computer services, data processing, accounting and bookkeeping, advertising and mailing, equipment rental and leasing, oce security, custodial services, photo nishing, and model building, but excluding vehicle rentals, bulk items, or print shops.

Café. See eating and drinking establishments.

California Environmental Quality Act (CEQA). State law, pursuant to California Public Resources Code Section 21000 et. seq. or any successor stature, that requires public agencies to document and consider the environmental eects of a proposed action before a decision.

Card room. An establishment where legal gambling is conducted.

Caretaker. A person, living on-site, who is the owner, manager or any employee with responsibility for security, care of people, animals, equipment or other conditions on the property.

Caretaker residence. A living unit provided for an on-site caretaker.

Carport. An accessory structure that is roofed but permanently open on at least two (2) sides and maintained for the storage of motor vehicles.

Car wash. An establishment with mechanical facilities for washing motor vehicles including self service operations.

Cemetery. Establishments primarily engaged in operating sites or structures reserved for the interment of human or animal remains, including mausoleums, burial places, and memorial gardens.

Cinema/theaters. Facilities for indoor display of lms, motion pictures, or dramatic, musical, or live performances. This classication may include incidental food and beverage services to patrons.

Large-scale. This classication includes large outdoor facilities such as amusement and theme parks, casinos, sports stadiums and arenas, racetracks, amphitheaters, drive-in theaters, driving ranges, golf courses, and facilities with more than 10,000 square feet in building area, including tness centers, gymnasiums, handball, racquetball, or large tennis club facilities; ice or roller skating rinks; swimming or wave pools; miniature golf courses; bowling alleys; archery or indoor shooting ranges; riding stables; campgrounds; or stables. This classication may include restaurants, snack bars, and other incidental food and beverage services to patrons.

Small-scale. This classication includes small, generally indoor facilities that occupy less than 10,000 square feet of building area, such as billiard parlors, card rooms, health clubs, dance halls, small tennis club facilities, poolrooms, and amusement arcades. This classication may include restaurants, snack bars, and other incidental food and beverage services to patrons.

City. The City of Coalinga, California.

City Council. The City Council of the City of Coalinga.

City Engineer. The City Engineer of the City of Coalinga.

Clubs and lodges. Meeting, recreational, or social facilities of a private or nonprot organization or association primarily for use by members or guests. This classication includes union halls and social clubs.

Cocktail lounge. A bar or area serving primarily alcoholic beverages, within a restaurant.

Code Enforcement Ocer. A Code Enforcement Ocer is dened under Section 2-4.113 of the City of Coalinga Municipal Code.

Coee shop. See eating and drinking establishment.

Colleges and trade schools, public or private. Institutions of higher education providing curricula of a general, religious or professional nature, typically granting recognized degrees, including conference centers and academic retreats associated with such institutions. This classication includes business and computer schools, management training, technical and trade schools, but excludes personal instructional services such as music lessons.

Commercial entertainment and recreation. Provision of participant or spectator entertainment to the general public.

Commercial vehicle. Any vehicle currently registered as such with the state Department of Motor Vehicles or equivalent out-of-state or federal agency and is used primarily in the conduct of a business as opposed to private family or individual use. See Section 4-4.801 to 4-4.807 of the City of Coalinga Municipal Code.

Community center. Any noncommercial facility established primarily for the benet and service of the population of the community in which it is located. Examples include youth centers and senior centers.

Community Development Director. The Community Development Director is the City Manager or his or her designee. The Community Development Director is under general administrative direction, to plan, direct, manage, and oversee the planning functions of the City; to assume responsibility for the enforcement of zoning, subdivision, and land use laws, ordinances, and regulations in accordance with the general plan; to provide consultation on planning issues to the City Council, Planning Commission, and other boards and advisory committees; and to do related work as required. Work may be conducted by the Community Development Director and his or her department sta.

Condominium. An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in space in a residential or commercial building, such as an apartment or an oce building. A condominium may include in addition a separate interest in other portions of such real property. Condominium, also refers to townhouses, cooperative housing, and similar residential developments.

Compatible. That which is harmonious with and will not adversely aect surrounding buildings and/or uses.

Condition of use. A development standard determined to be necessary to permit the harmonious classication of a use as listed in a district and therefore a prerequisite to place, or for application to place, such use as classied.

Conditionally permitted. Permitted subject to approval of a Conditional Use Permit or Site Plan Review.

Construction. Construction, erection, enlargement, alteration, conversion or movement of any building, structures, or land together with any scientic surveys associated therewith.

Construction and material yards. Storage of construction materials or equipment on a site other than a construction site.

Conversion. A change of a residential dwelling, including a mobile home lot in a mobile home park, as dened in Section 18214 of the Health and Safety Code, or a residential hotel, as dened in paragraph (1) of subdivision (b) of Section 50519 of the Health and Safety Code, to a condominium, cooperative, or similar form of ownership; or a change of a residential dwelling, including a mobile home lot in a mobile home park, or a residential hotel to a nonresidential use.

County. The County of Fresno, California.

Courtyard. An open, unoccupied space, unobstructed to the sky, other than a yard, on the same lot with a building or group of buildings and which is bounded on three (3) or more sides by such building or buildings.

Crop cultivation. The cultivation of tree, vine, eld, forage, and other plant crops intended to provide food or bers. The classication excludes wholesale or retail nurseries, vineyards and ancillary wineries and distilleries.

Cultural institutions. Public or non-prot institutions engaged primarily in the display or preservation of objects of interest in the arts or sciences that are open to the public on a regular basis. This classication includes performing arts centers for theater, dance, and events; buildings of an educational, charitable or philanthropic nature; libraries; museums; historical sites; aquariums; art galleries; and zoos and botanical gardens.

Day care centers. Establishments providing non-medical care for persons on a less than 24-hour basis other than family day care home. This classication includes nursery schools, preschools, and day care facilities for children or adults, and any other day care facility licensed by the State of California.

Day care, commercial. A facility that regularly provides care, protection, and supervision for any number of persons as a principal business use of the site.

Day care, institutional. A facility that regularly provides care, protection, and supervision for any number of persons, and is operated in conjunction with and on the same site as a public or private school, church or other institutional use which is permitted and established in the district.

Family day care home. A home that regularly provides care, protection, and supervision for fourteen (14) or fewer children, in the provider's own home, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away, and is either a large family day care home or a small family day care home as follows.

Family day care: small. A facility or home that for compensation regularly provides care, protection and supervision for six (6) or fewer children, not necessarily related to the caregiver in the caregiver's own home for periods of less than twenty-four (24) hours per day, while the parents or guardians are absent. Children under the age of ten (10) years who reside at the home shall be included when counting the number of children taken care of in the house (Health and Safety Code Section 1596.78(c)).

See Section 9-5.110, Family Day Care Homes.

Family day care: large. A facility or home that for compensation regularly provides care, protection and supervision for up to twelve (12) children, not necessarily related to the caregiver in the caregiver's own home for periods of less than 24 hours per day, while the parents or guardians are absent. Children under the age of 10 years who reside at the home shall be included when counting the number of children taken care of in the house (Health and Safety Code Section 1596.78(b)). See Section 9-5.110, Family Day Care Homes.

Deck. A platform, either freestanding or attached to a building, that is supported by pillars or posts. See also balcony.

Delicatessen. A shop that sells and/or serves cooked or prepared foods ready for eating.

Demolition. The intentional destruction and removal of any structure or portion thereof, including a residential dwelling, including a mobile home, as dened in Section 18008 of the Health and Safety Code, or a mobile home lot in a mobile home park, as dened in paragraph (1) of subdivision (b) of Section 50519 of the Health and Safety Code, which has not been declared to be a public nuisance under Division 13 (commencing with Section 17000) of the Health and Safety Code or any local ordinance enacted pursuant to those provisions.

Density. The number of dwelling units per unit of land area.

Density bonus. An increase in the total number of dwelling units allowed per acre, potentially above and beyond that allowed by the Coalinga General Plan for the given district.

Development. Any manmade change to improved or unimproved real estate, including but not limited to the division of a parcel of land into two (2) or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landll or land disturbance; and any use or extension of the use of land.

Development agreement. A contract duly executed and legally binding between the City of Coalinga and a developer(s) that delineates the terms and conditions agreed upon by two (2) or more parties.

Developmentally disabled rehabilitation facility. See residential care facility.

Disabled-inoperative vehicle. Any vehicle unable to run under its own power, unlicensed, or determined to be unsafe to operate. See Sections 5-1.01 to 5-1.15 of the City of Coalinga Municipal Code.

District. See zoning district.

Double frontage lot. See lot, through.

Drive-through facilities. Facilities designed to enable persons to receive a service or purchase or consume goods while remaining within a motor vehicle, typically associated with banks, eating, and drinking establishments, pharmacies, and other commercial uses.

Driveway. A vehicular access within private property leading from a public or private street to the principal structure, residence, garage, carport or parking area See Chapter 4, Article 3, O Street Parking and Loading for requirements.

U-shaped driveways. A driveway type characterized by having a separate entrance and exit and a curved drive path and generally loops to form a "u" shape.

Dwelling unit. A room or suite of rooms including one and only one kitchen, and designed or occupied as separate living quarters for one family. Dwellings include transitional and supportive housing. See also family.

Easement. A portion of land created by grant or agreement for specic purpose; an easement is the right, privilege or interest which one party has in the land of another.

Eating and drinking establishments. Businesses primarily engaged in serving prepared food and beverages for consumption on or o the premises.

Bars/night clubs/lounges. Businesses serving beverages for consumption on the premises as a primary use and including on-sale service of alcohol including beer, wine, and mixed drinks. This classication includes establishments that provide dancing or entertainment.

Coee shops/cafés. Establishments that serve nonalcoholic beverages, such as coee, tea, juices or sodas for consumption on or near the premises, or a specialty snack, such as ice cream, frozen yogurt, cookies or popcorn.

Restaurants. Establishments where meals are served to customers. This classication includes fullservice restaurants with table service as well as establishments providing limited table service, such as fast-food restaurants, carryout sandwich shops, limited service pizza parlors and delivery shops, and delicatessen restaurants. This classication excludes establishments that provide dancing or entertainment (see bars/night clubs/lounges).

Eective date. The date on which a permit or other approval becomes enforceable or otherwise takes eective, rather than the date it was signed or circulated.

Electric vehicle charging station. A public or private parking space served by a battery charging station equipment with the primary purpose of transferring electric energy by conductive or inductive means to a battery or other energy storage device in an electric vehicle. An electric vehicle charging station is considered an accessory use and accessory structure on any property and shall conform to their respective requirements. A site with electric vehicle charging stations as a primary use shall be subject to the same requirements as a gas station, including signage requirements.

Charging levels. The standardized indications of electrical force or voltage at which an electric vehicle's battery is recharged.

Level-1: slow charging at zero (0) through 120 volts.

Level-2: medium charging at over 120 to 240 volts.

Level-3 or higher: fast or rapid charging with over 240 volts.

Emergency. A sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property or essential public services.

Emergency shelters. Housing with minimal supportive services intended for use by homeless persons that is limited to occupancy of six (6) months or less. No individual or household may be denied emergency shelter because of an inability to pay (Health and Safety Code Section 50801(e)). Jurisdictions are required to identify applicable zoning districts and implement standards relating to emergency shelters in compliance with Government Code Section 65583. See Section 9-5.109, Emergency Shelters.

Environmental Impact Report (EIR). An Environmental Impact Report as required under the California Environmental Quality Act, Public Resources Code Section 21000 et. seq.

Facade. The exterior wall of a building exposed to public view or that wall viewed by persons not within the building. The portion of any exterior elevation of a building extending vertically from the grade to the top of a parapet wall or eave, and horizontally across the entire width of the building elevation.

Family. One or more persons occupying a premises and living as a single housekeeping unit or household (as distinguished from a group of transients occupying such premises), including residents of a boarding house or group home for persons with disabilities. Members of a "family" need not be related by blood, and shall include all necessary employees of such family. See household.

Farmers' market. A building, structure or site used to sell fruit and vegetables to the general public, typically on a weekly or occasional basis.

Fence. An articially-constructed barrier of any material or combination of materials erected to enclose or screen an area of land. An open fence is one that is composed of at least fty (50) percent open spaces and no more than fty (50) percent solid materials. This includes wrought iron style or tubular steel fences.

Solid fences are those that obstruct the view of objects on either side and may be made of masonry, wood, or other materials.

Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

Feed yard. A tract of land, structure, pen or corral, wherein cattle, horses, sheep, goats and swine are maintained for the purpose of fattening for nal shipment to market.

Financial institution. A bank, trust company, nance company, mortgage company, investment company or similar institution.

Firearms. Includes ries, shotguns, revolvers, pistols, or any other device designed to be used as a weapon from which a projectile is expelled by the force of any explosion or other form of combustion. The frame, body and/or receiver also constitute rearms. (Certain provisions in the Penal Code also consider rearms to include rockets, rocket propelled projectile launcher, or similar devices containing explosive or incendiary material. See California Penal Code Sections 12001, 12025, and 12031.) Flea market. A building or open space area where individual sellers oer goods, new and used for sale to the public.

Floor area. The total oor area in a building (including basements, mezzanines, interior balconies, and upper stories or levels in a multistory building) unless otherwise stipulated; e.g., "ground" oor area.

Floor area ratio (FAR). The ratio of the total oor area of all buildings on a lot to the lot area.

Food and beverage retail sales. Retail sales of food and beverages for o-site preparation and consumption. Typical uses include food markets, convenient markets, groceries, liquor stores, and retail bakeries.

Food processing plant. A facility that combines, processes, packages, and ships food from an enclosed or primarily enclosed warehouse.

Foot-candle. See lighting terms.

Footprint. The horizontal area, as seen in plan view, of a building or structure, measured from the outside of exterior walls and supporting columns, and excluding eaves.

Foster group home. A household in which orphaned or delinquent children are placed typically by a social-service agency. See group home.

Freight/truck terminals and warehouses. Facilities for local or worldwide freight, courier, local messenger, and postal services by truck or rail.

Frontage, street (frontage, lot). That portion of a lot or parcel of land that borders a public street. "Street frontage" shall be measured along the common lot line separating said lot or parcel of land from the public street, highway, or parkway.

Funeral parlors and mortuaries. An establishment primarily engaged in the provision of services involving the care, preparation, or disposition of the human dead and conducting memorial services. Typical uses include a crematory, columbarium, mausoleum, or mortuary.

Garage. A building or portion of a building that is enclosed and roofed and designed for the storage of motor vehicles.

Garage sale. Sale of secondhand items on private premises occupied for residential purposes. Includes yard sale, rummage sale, patio sale, estate sale, or any other sale oering personal property and similarly conducted on property occupied for residential purposes.

Gas station. A retail establishment at which vehicles are fueled.

General Plan. The general plan of the City of Coalinga, including all of its elements.

Glare. The eect produced by a light source within the visual eld that is suciently brighter than the level to which the eyes are adapted, such as to cause annoyance, discomfort or loss of visual performance and ability.

Golf courses and country clubs. Golf courses, and accessory facilities and uses including: clubhouses with bar and restaurant, locker and shower facilities; driving ranges; shops for on-site sales of golng equipment; and golf cart storage and sales facilities. Please refer to Section 9-5.111, Golf Courses and Country Clubs.

Government oces. Administrative, clerical, or public contact oces of a government agency, including postal facilities, together with incidental storage and maintenance of vehicles. This classication excludes corporation yards, equipment service centers, and similar facilities that primarily provide maintenance and repair services and storage facilities for vehicles and equipment (See utilities, major).

Grocery store. A business primarily for the selling of food products.

Gross leasable area. The total oor area for which a tenant pays rent and that is designed for the tenant's occupancy and exclusive use, including any basements and mezzanines.

Ground oor. The rst oor of a building other than a cellar or basement.

Group home. Shared living quarters without separate kitchen or bathroom facilities for each room or unit, oered for rent for permanent or semi-transient residents on a weekly or longer basis. This classication includes rooming and boarding houses, correctional facilities, dormitories, foster group homes, and private residential clubs but excludes hotels and motels, and residential care facilities. All facilities that require State licensing are required to obtain the respective State licenses prior to the start of operations. Individual zoning districts have additional regulations. See Chapter 2.

Group quarters. See group home.

Group residential. See group home.

Guest house. Detached living quarters of a permanent type of construction and without kitchen or cooking facilities, for the use of which no compensation in any form is received or paid.

Guest room. A room for the overnight accommodation of travelers for which compensation is received.

Handicraft/custom manufacturing. Manufacture of crafts, art, sculpture, stained glass, jewelry, apparel, and similar items using hand tools and small mechanical devices.

Hazardous materials. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or signicantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

Hazardous waste management facility. A facility that stores, treats, or disposes of refuse designated as hazardous waste(s) by the Hazardous Waste Control Law (Health and Safety Code, Division 20, Chapter 6.5).

Hazardous waste management facilities must be permitted or granted authorization to operate from the California Department of Toxic Substances Control.

Health club. A facility that includes, but is not limited to: game courts, exercise equipment, locker rooms, a pool and a sauna.

Heat. Thermal energy of a radioactive, conductive, or convective nature.

Hedge. A row of closely planted shrubs or low growing trees forming a fence or boundary.

Height. The vertical distance from the highest point of any structure to the ground level directly below.

See also Section 9-4.205, Heights and Height Exceptions.

Highway. A major through street for vehicular travel. "Highway" includes street, connecting regional destinations.

Home business. See home occupations.

Home occupations. Any occupation conducted by a resident, entirely within a dwelling, where the use is clearly incidental and secondary to the residential use of the structure, and does not change the residential character of the neighborhood. See Section 9-5.113, Home Occupations.

Hospitals and clinics. State-licensed facilities providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons. This classication includes facilities for inpatient or outpatient treatment, including substance-abuse programs as well as training, research, and administrative services for patients and employees. This classication excludes veterinaries and animal hospitals (see animal care, sales, and services) and medical marijuana dispensaries.

Hotels and motels, establishments oering lodging to transient patrons. These establishments may provide additional services, such as conference and meeting rooms, restaurants, bars, or recreation facilities available to guests or to the general public. This classication includes motor lodges, motels, hostels, extended-stay hotels, and tourist courts, but does not include rooming houses, boarding houses, or private residential clubs.

Household. A group of persons, which can include the members of a family, living together in a single dwelling unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit.

Housekeeping unit. See household.

Illegal use. Any use of land or building that does not have the currently required permits and was originally constructed and/or established without permits required for the use at the time it was brought into existence.

Industry, general. Manufacturing of products from extracted or raw materials or recycled or secondary materials, or bulk storage and handling of such products and materials. This classication includes operations such as biomass energy conversion; food and beverage processing; textile mills; 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; recycling materials processing facilities in which post-consumer materials are sorted, condensed, baled, or transformed; and automotive, ship, aircraft, and heavy equipment manufacturing.

Industry, limited. Establishments engaged in light industrial activities taking place primarily within enclosed buildings and producing minimal impacts on nearby properties. This classication includes operations such as manufacturing nished parts or products primarily from previously prepared materials; commercial laundries and dry cleaning plants; mobile home manufacturing; monument works; printing, engraving and publishing; computer and electronic product manufacturing; furniture and related product manufacturing; and industrial services.

In-lieu fees. A cash payment required as a substitute for a dedication and/or improvement of land by an owner or developer of property.

Instructional services. Establishments that oer specialized programs in personal growth and development such as music, vocal, tness and dancing instruction.

Intensity of use. The impacts a particular use or the use in combination with other uses has on its surroundings or on its demand for services and natural resources. Measures of intensity include but are not limited to requirements for water, gas, electricity, or public services; number of automobile trips generated by a use; parking demand; number of employees on a site; hours of operation; the amount of noise, light or glare generated; the number of persons attracted to the site, or, in eating establishments, the number of seats.

Intermediate care facility. See residential care facility.

Intersection, street. The area common to two (2) or more intersecting streets.

Junkyard. A lot used for the sale or storage of junk, including scrap metals, salvage or other materials, or for the dismantling or wrecking of automobiles or other vehicles or machinery, whether for sale or storage.

Kitchen. Any room or space within a building intended to be used for the cooking or preparation of food.

Landscaping. The planting, conguration and maintenance of trees, ground cover, shrubbery and other plant material, decorative natural and structural features (walls, fences, hedges, trellises, fountains, sculptures), earth patterning and bedding materials, and other similar site improvements that serve an aesthetic or functional purpose.

Landscaping terms.

Automatic controller. A mechanical or solid state timer, capable of operating valve stations to set the days and length of time of a water application.

Backow prevention device. A safety device used to prevent pollution or contamination of the water supply due to the reverse ow of water from the irrigation system.

Anti-drain or check valve. A valve located under a sprinkler head or other location in the irrigation system to hold water in the system and prevent drainage from sprinkler heads when the system is o.

Controller. An automatic timing device used to remotely control valves to set an irrigation schedule.

Emitter. A drip irrigation tting emission device that delivers water slowly from the system to the soil.

Hydrozone. A portion of the landscaped area having plants with similar water needs.

Irrigation eciency. The measurement of the amount of water benecially used divided by the amount of water applied. Irrigation eciency is derived from measurements and estimates of irrigation system characteristics and management practices.

Operating pressure. The pressure at which an irrigation system is designed by the manufacturer to operate.

Overspray. The water which is delivered beyond the landscaped area and causes overland ow during irrigation events onto non-targeted areas such as, pavements, walks and structures.

Runo. Water which is not absorbed by the soil or landscape to which it is applied and ows from the landscape area.

Library. A building containing books and other media for public use.

Light eet-based services. Passenger transportation services, local delivery services, medical transport, and other businesses that rely on eets of three (3) or more vehicles with rated capacities less than 10,000 lbs. This classication includes parking, dispatching, and oces for taxicab and limousine operations, ambulance services, non-emergency medical transport, local messenger and document delivery services, home cleaning services, and similar businesses. This classication does not include towing operations (See automobile/vehicle sales and service, towing and impound) or taxi or delivery services with two (2) or fewer eet vehicles on-site (See business services).

Liquor. Alcoholic beverages including but not limited to: all types of beer, wine, and distilled spirits or fruit juices containing at least one-half (½) of one percent or more of alcohol by volume.

Lighting Terms.

Foot-candle. A quantitative unit of measure for luminance. one foot-candle is equal to the amount of light generated by one candle shining on one square foot surface located one foot away. Equal to one lumen uniformly distributed over an area of one square foot.

Light xture. The assembly that holds a lamp and may include an assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reector or mirrors, and a refractor or lens.

Light xture cuto. Light xtures are classied as full cuto, cuto, semi-cuto, or non-cuto according to the most recent adopted criteria of the Illuminating Engineering Society of North America (IESNA).

The four (4) IESNA classications are dened as follows (IESNA 2000):

Full cuto. The luminous intensity (in candelas) at or above an angle of ninety (90) degrees above nadir is zero (0), and the luminous intensity (in candelas) at or above a vertical angle of eighty (80) degrees above nadir does not numerically exceed ten (10) percent of the luminous ux (in lumens) of the lamp or lamps in the luminaire.

Cuto. The luminous intensity (in candelas) at or above an angle of ninety (90) degrees above nadir does not numerically exceed two and one-half (2.5) percent of the luminous ux (in lumens) of the lamp or lamps in the luminary, and the luminous intensity (in candelas) at or above a vertical angle of eighty (80) degrees above nadir does not numerically exceed ten (10) percent of the luminous ux (in lumens) of the lamp or lamps in the luminary.

Semi-cuto. The luminous intensity (in candelas) at or above an angle of ninety (90) degrees above nadir does not numerically exceed ve (5) percent of the luminous ux (in lumens) of the lamp or lamps in the luminary, and the luminous intensity (in candelas) at or above a vertical angle of eighty (80) degrees above nadir does not numerically exceed twenty (20) percent of the luminous ux (in lumens) of the lamp or lamps in the luminary.

Non-cuto. There is no candela limitation in the zone above maximum candela.

Shielded xture. Outdoor light xtures shielded or constructed so that light rays emitted by the lamp are projected below the horizontal plane passing through the lowest point on the xture from which light is emitted.

Live/work unit. A building specically designed to accommodate both a residence and the business activity of the resident in a single ownership or rental unit.

Lodge. A facility used by an association of persons, whether incorporated or not, united by some common interest, meeting periodically for cooperation or conviviality. See also club.

Long-term parking. A situation in which a vehicle is not normally moved during the period of an employee's work shift, as opposed to customer or visitor parking.

Lot. A parcel, tract, or area of land whose boundaries have been established by a legal instrument such as a recorded deed or a recorded map. A lot constitutes a legal entity for purposes of transfer of title, except public easements or rights-of-way.

Lot area. The total area circumscribed by the boundaries of a lot, excluding any street rights-of-way.

Lot coverage. The portion of a lot that is covered by structures, including principal and accessory buildings, garages, carports, and roofed porches, but not including unenclosed and unroofed decks, landings, patios, or balconies. See also Section 9-4.102, Determining Lot Area and Coverage.

Lot depth. The average distance between the front and rear lot lines, measured at a right angle to the front lot line. See also Section 9-4.104, Measuring Lot Width and Depth.

Lot frontage. See frontage, street.

Lot line. A property line separating adjoining properties or a property from an adjoining right-of-way.

Lot line types.

Front lot line. The lot line that is immediately next to a street or public right-of-way. For corner lots, the shortest side fronting a public street is considered the front lot line regardless of which street is used for vehicle or pedestrian access, or street address.

Interior lot line. Any lot line that is not adjacent to a street.

Rear lot line. The lot line that is opposite and most distant from the front lot line. Where no lot line is within forty-ve (45) degrees of being parallel to the front lot line, a line ten (10) feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for the purpose of establishing the minimum rear yard.

Side lot line. Any lot line that is not a front or rear lot line.

Street side lot line. A side lot line of a corner lot that is adjacent to a street.

Lot types.

Lot, corner. A lot or parcel situated at the intersection of two (2) or more streets that have an angle intersection measured within said lot or parcel of not more than 135 degrees.

Lot, reverse corner. A corner lot, the rear of which abuts the side of another lot, and its side lot line being substantially a continuation of the front lot line of the lot directly to its rear.

Lot, ag. A lot which has as its primary legal access from the highway through a narrow strip of land not suited for the typical subdivision development standards.

Lot, interior. A lot or parcel of land other than a corner or ag lot.

Lot, through. An interior lot having frontage on two (2) parallel or approximately parallel streets.

Lot width. The distance between the side lot lines, measured at a right angle to the lot depth at the midpoint of the lot depth line. See also Section 9-4.104, Measuring Lot Width and Depth.

Lounge. See eating, drinking and smoking establishments.

Maintenance and repair of structures. The repair or replacement of nonbearing walls, xtures, wiring, roof or plumbing that restores the character, scope, size or design of a structure to its previously existing, authorized, and undamaged condition.

Maintenance and repair services. The on-site maintenance or repair of oce machines, household appliances, furniture, and similar items. This classication excludes maintenance and repair of vehicles or boats (see automotive sales and services) and personal apparel (See personal services).

Manufactured home. A structure constructed on or after June 15, 1976 in compliance with state standards in eect at the time of construction, is transportable in one or more sections, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation system when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems. "Manufactured home" includes any structure that meets all the requirements of this paragraph and with respect to which the manufacturer voluntarily les a certication and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974. (42 U.S.C. 5401, et seq.)
Modular home. See manufactured home.

Manufacturing plant. A facility used for making, preparing, treating or nishing goods or substances.

Medical clinic. A building where two (2) or more members of the medical profession including but not limited to: dentists, chiropractors, osteopaths, and physicians who provide diagnosis and treatment to the general public without overnight accommodations.

Medical oce. A building used by medical professionals including but not limited to: dentists, chiropractors, osteopaths, and physicians.

Medical marijuana dispensary. See Title 5, Chapter 15 of the Coalinga Municipal Code.

Mini market. A store selling a small variety of grocery and sundry items, including drinks and prepared food, primarily for convenience shopping.

Mini storage facility. A facility for the storage of personal or business property of customers.

Mobile home. A structure constructed prior to June 15, 1976 in compliance with state standards in eect at the time of construction, is transportable in one or more sections, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation system when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems. "Mobile home" does not include a commercial modular, as dened in Section 18001.8, factory-built housing, as dened in Section 19971, a manufactured home, as dened in Section 18007, a multifamily manufactured home, as dened in Section 18008.7, or a recreational vehicle, as dened in Section 18010 of the Health and Safety Code.

Mobile home parks. Mobile housing in a planned development with common area amenities. Spaces for mobile homes may be rented, leased or owned through a subdivision, cooperative, condominium or other form of resident ownership.

Mobile vendor. Any person that sells, or causes or allows another, whether as an employee or as an independent contractor leasing or renting equipment, to sell any food, drinks or merchandise on any street, sidewalk, alley, or other public right-of-way, by means of a stand, wagon, pushcart, handcart, bicycle, motorized cart or other vehicle, or from a basket or other container carried on a person. Mobile vendors must obtain a business license from the City of Coalinga prior to the start of business operations. Mobile Vendor shall not mean any person operating under a concession agreement or other agreement with the city as a party to the agreement. A mobile vendor is dierent from a peddler, who visits private residences to sell goods, as dened and regulated in Title 5, Chapter 9 of the Coalinga Municipal Code.

Mobile vendor vehicle. A truck, push-cart, bicycle, hand-cart, van, wagon, automobile, car, stand, table, or any other apparatus or device used by mobile vendors to sell their food, drinks or merchandise. Mobile vendor vehicle shall not include delivery vehicles used to transport food or drink from a store having a valid food permit to a customer's home or a vehicle transporting food or drink from a wholesale establishment to a retail outlet.)
Motel or hotel. A building containing guest rooms for the accommodation of travelers staying less than thirty (30) days.

Multiple-family residential. Two (2) or more dwelling units on a lot. Types of multiple family dwellings include duplexes, garden apartments, senior housing developments, and multi-story apartment buildings.

Night club. See eating, drinking and smoking establishments.

Noise terms.

Ambient noise level. The composite of noise from all sources excluding an alleged oensive noise. In this context, the ambient noise level represents the normal or existing level of environmental noise at a given location for a specied time of day or night.

Decibel. A unit for measuring the amplitude of a sound, equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals.

Mobile noise source. Any noise source other than a xed noise source.

Noise. Any sound that annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological eect on humans.

Noise level reduction (NLR). The dierence in decibels of noise level from the outside of a building to the interior of a building, generally resulting from various construction methods and the materials used in walls, windows, ceilings, doors, and vents of a building.

Nonconforming lot, sign, structure, or use. A lot, sign, structure, or use that was lawfully established before the eective date of the Zoning Ordinance or any amendment thereto, but does not conform to the present regulations or requirements of the Zoning Ordinance. A nonconforming building or use is deemed illegal if it did not lawfully exist on the eective date of applicable sections of the Zoning Ordinance.

Nuisance. Anything which is injurious to health, or is indecent or oensive to the senses, or an obstruction to the free use and enjoyment of property, or a violation of this Zoning Ordinance.

Nurseries and garden centers. Establishments primarily engaged in retailing nursery and garden products—such as trees, shrubs, plants, seeds, bulbs, and sod— that are predominantly grown elsewhere.

These establishments may sell a limited amount of a product they grow themselves. Fertilizer and soil products are stored and sold in packaged form only. This classication includes wholesale and retail nurseries oering plants for sale.

Nursing Home. See residential care facility.

Occupancy, change in. A discontinuance of an existing use and the substitution of a use of a dierent kind or class.

Oce. A business establishment for rendering of service or administration, but excluding retail sales.

General oces. Oces of rms or organizations providing professional, executive, management, administrative or design services, such as accounting, architectural, computer software design, engineering, graphic design, interior design, investment, and legal oces, excluding banks, and savings and loan associations (see banks and nancial institutions). This classication also includes oces where medical and dental services are provided by physicians, dentists, chiropractors, optometrists, and similar medical professionals, including medical/dental laboratories within medical oce buildings but excluding clinics or independent research laboratory facilities and hospitals (see hospitals and clinics) and medical marijuana dispensaries.

Walk-in oce. Oces of rms or organizations providing services to the public that rely on pedestrian activity and constant visits by clients, including real estate oces, landlord-tenant services, credit counseling, and nancial tax services.

On-site loading facilities. A site or portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives, and landscaped areas.

On-Site. Located on the lot that is the subject of discussion.

Open space types.

Private open space. Open areas for outdoor living and recreation that are adjacent and directly accessible to a single dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests.

Common open space. Areas for outdoor living and recreation that are intended for the use of residents and guests of more than one dwelling unit.

Usable open space. Outdoor areas that provide for outdoor living and/or recreation for the use of residents.

Opposite. Across from or across the street from.

Outdoor storage. The keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than twenty-four (24) hours, except for the keeping of building materials reasonable required for construction work on the premises pursuant to a valid and current building permit issued by the City.

Outdoor seating area. An area on public space, street, plaza, or on private commercial property not within a building, for dining, drinking, resting or socializing.

Owner. Any person owning property, as shown on the last County equalized assessment roll for property taxes or the lessee, tenant or other person having control or possession of the property.

Park. A publically owned open space providing a wide range of facilities and activities. Larger parks serve the entire city, whereas smaller parks tend to serve nearby neighborhoods.

Park and recreation facilities, public. Parks, playgrounds, fairgrounds, recreation facilities, trails, wildlife preserves, and related open spaces, all of which are noncommercial. This classication also includes playing elds, courts, gymnasiums, swimming pools, picnic facilities, tennis courts, botanical gardens, as well as related food concessions or community centers within the facilities.

Parking facility. An area used for the temporary parking or storage of motor vehicles which has adequate access to streets by means of driveways, aisles or maneuvering areas; a parking garage. See Chapter 4, Article 3, O Street Parking and Loading.

Parking, public or private. Surface lots and structures for use of occupants, employees, or patrons on the subject site or oering parking to the public for a fee when such use is not incidental to another activity.

Parking space. A usable space on a lot for the parking of one motor vehicle.

Pay telephone. A public telephone which requires a pre-payment to use. Often located in public and sheltered by a privacy hood.

Pawn shop. A shop that lends money in exchange for personal property.

Permit. Any Zoning Certicate, Conditional Use Permit, Temporary Use Permit, Building Permit, license, certicate, approval, or other entitlement for development and/or use of property as required by any public agency.

Permitted use. Any use allowed in a Zoning District without a requirement for approval of a Conditional Use Permit, but subject to any restrictions applicable to that Zoning District.

Person. Any individual, rm, association, organization, partnership, business trust, company, or corporation.

Personal services. Provision of recurrently needed services of a personal nature. This classication includes barber and beauty shops, massage parlors, tattoo parlors, seamstresses, tailors, dry cleaning agents (excluding large-scale bulk cleaning plants), laundromats, shoe repair shops, self-service laundries, photocopying and photo nishing services, and travel agencies.

Personal storage facility. A facility oering the rental service of rooms, lockers, and/or containers to individuals or organizations for the storage of goods.

Persons with disabilities. Persons who have a medical, physical, or mental condition, disorder or disability as dened in California Government Code Section 12926, that limits one or more major life activities.

Place of worship. See "religious facilities".

Plan line. An ocially adopted line denoting the future location of the edge of a right-of-way.

Planned development. An application for development that allows for a diversication of development standards, buildings, structures and open space that promotes unied planning and development with a higher standard of amenities, and subject to the provisions of Chapter 3, Article 5, Planned Development District.

Pre-existing. In existence prior to the eective date of this Zoning Ordinance or its applicable section.

Preservation of natural resources. Preservation of plant and animal life; ecological and scientic study; ood control channels, spreading grounds and settling basins; rivers, streams, lakes and watershed.

Prison. A facility that is designed and built for the incarceration of persons convicted of criminal oenses.

Professional oce. A building used primarily for conducting the aairs of non-medical professionals.

Project. Any proposal for a new or changed use or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this title. This term also refers to any action that qualies as a "project" as dened by the California Environmental Quality Act.

Public safety facilities. Facilities providing public-safety and emergency services, including police and re protection and emergency medical services, with incidental storage, and maintenance facilities.

Public Works Director. The public works director is the city manager or his or her designee, responsible for the operation and maintenance of the City of Coalinga's public works and utilities.

Qualied applicant. The property owner, the owner's agent, or any person, corporation, partnership or other legal entity that has a legal or equitable title to land that is the subject of a development proposal or is the holder of an option or contract to purchase such land or otherwise has an enforceable proprietary interest in such land.

Reasonable accommodation. This refers to the Housing Element statute under California Government Code 65583(c)(3) to remove constraints and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities.

Recreational vehicle. Any travel trailer or other vehicular portable structure without permanent foundation, designed to be towed, hauled, driven, and used as a temporary occupancy for travel or recreational use, including, but not limited to travel trailers (including those which telescope or fold down), chassis-mounted campers, tent trailers, slide-in campers, converted buses and converted vans, and selfpropelled motorhomes. See Section 7-6.102 of the City of Coalinga Municipal Code.

Recycling facility. A facility for receiving, temporarily storing, transferring and/or processing materials for recycling, reuse, or nal disposal. A certied recycling facility or certied processor means a recycling facility certied by the California Beverage Container Recycling and Litter Reduction Act. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. This use type does not include waste transfer facilities that operate as materials recovery, recycling, and solid waste transfer operations and are classied as utilities.

Reverse vending machine. An automated mechanical device that accepts, sorts and processes recyclable materials and issues a cash refund or a redeemable credit slip.

Recycling collection facility. An incidental use that serves as a neighborhood drop o point for the temporary storage of recyclable materials but where the processing and sorting of such items is not conducted on-site.

Recycling processing facility. Facilities that receive, sort, store and/or process recyclable materials.

Recreation areas. Parks, playgrounds and related buildings; pedestrian, equestrian and bike and other trails.

Redevelopment agency. See City of Coalinga Successor Agency.

Religious facilities. A facility for religious worship and incidental religious education and oces, including churches, temples, and other facilities used primarily for religious services or activities. This classication excludes residential homes, and private schools for primary or secondary education (which also may be available for temporary use by the general public or civic, cultural, or educational organizations).

Rescission. The City's unilateral unmaking of an approval for a legally sucient reason, such as applicant's material breach of a condition.

Residence. A building or portion thereof designed and used exclusively for long-term residential occupancy, including single houses, duplexes, triplexes, live-work studios, apartments, and condominiums, but not including hotels, motels, or boardinghouses.

Residence, single family. A building containing not more than one kitchen, designed for household; a detached house.

Residence, duplex. A building containing not more than two (2) kitchens designed and/or used to house two (2) independent households, each with a private entrance.

Residence, triplex. A building containing not more than three (3) kitchens designed and/or used to house three (3) independent households, each with a private entrance.

Residence, multiple. A building or portion thereof, used and designed as a residence for four (4) or more independent households, with each unit containing its own kitchen and accessed separately from the other units, although a common hallway may be used for access within the building.

Residential care facilities. Facilities that require a State license or are State licensed and provide twentyfour (24) hour non-medical care and supervision for six (6) of fewer persons, or seven (7) or more persons, in need of personal services, supervision, protection, or assistance for sustaining the activities of daily living, excluding the licensee or members of the licensee's family or persons employed as facility sta. State law requires that such facilities for six (6) or fewer persons to be permitted by right in districts where singlefamily dwelling units are permitted. Living accommodations are shared living quarters with or without separate kitchen or bathroom facilities for each room or unit.

This classication includes facilities for intermediate health care, developmentally disabled care, care of chronically ill individuals, care of the elderly, and the care of persons in need of personal services, therapy, supervised drug detoxication treatment or assistance essential for sustaining the activities of daily living or for the protection of the individual with only limited medical care not involving a physician residing on the premises, and with no surgery or other similar activities such as are customarily provided in hospitals. Such uses shall include facilities dened by Health and Safety Code Section 1267.8 and any premises licensed as a "long-term health care facility," as that term is dened in Welfare and Institutions Code Section 1418.

These facilities can be operated for prot as well as by public or not-for-prot institutions, including hospices, nursing homes, skilled nursing facilities, and convalescent facilities.

This category excludes transitional housing, foster family homes, community service facilities, and any facilities supervised by or under contract with the State Department of Corrections.

Residential rehabilitation facility. See group home and residential care facility.

Rest home. See residential care facilities.

Retail sales. The retail sale or rental of merchandise not specically listed under another use classication. This classication includes department stores, clothing stores, furniture stores, pet supply stores, small hardware stores, auction houses, and businesses retailing the following goods: books, newspapers, toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies and services (including portraiture and retail photo processing), medical supplies and equipment, pharmacies, electronic equipment, records, sporting goods (rearms are not permitted), tobacco products, kitchen utensils, hardware, appliances, antiques, art galleries, art supplies and services, paint and wallpaper, carpeting and oor covering, oce supplies, bicycles, video rental, and new automotive parts and accessories (excluding vehicle service and installation). Retail sales may be combined with other services such as oce machine, computer, electronics, and similar small-item repairs. This classication includes secondhand stores. This classication excludes medical marijuana dispensaries. All local, County, State and Federal permits must be obtained prior to the start of business operations.

Right-of-way. A strip of land acquired by reservation, dedication, covered under prescription or condemnation, and intended to be occupied or occupied by a road, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer or other similar use.

Salvaging and wrecking. Storage and dismantling of vehicles and equipment for sale of parts, as well as their collection, storage, exchange or sale of goods including, but not limited to, any used building materials, used containers or steel drums, used tires, and similar or related articles or property.

Schools, public or private. Facilities for primary or secondary education, including public schools, charter schools, and private institutions having curricula comparable to that required in the public schools of the State of California.

Screening. Screening refers to a wall, fence, hedge, informal planting, or berm, provided for the purpose of buering a building or activity from neighboring areas or from the street.

Senior housing unit. Residential units limited to occupants 55 years of age or more (as dened by Civil Code 51.3).

Second dwelling unit. A secondary residence constructed on a lot or parcel of land containing an existing, primary single-family residence. The second dwelling unit may be either attached to or detached from the existing residence, and provides complete and independent living facilities, including permanent provisions for living, sleeping, eating, cooking and sanitation. See Section 9-5.121, Second Dwelling Units.

Setback. The area between a property line and a building or structure, which must be kept clear or open. See also Section 9-4.101, Measuring Distances, and Measuring Setbacks. For permitted projections into required setbacks, see Section 9-4.201, Building Projections into Yards. See also yard.

Setback line. A line established by this title to govern the placement of buildings or structures with respect to lot lines, streets or alleys.

Sidewalk. A paved, surfaced, or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.

Single-family dwelling. A dwelling unit designed for occupancy by one household, and located on a separate lot from any other unit (except accessory living quarters, where permitted). This classication includes individual manufactured housing units installed on a foundation system pursuant to Section 18551 of the California Health and Safety Code. See Section 9-5.114, Manufactured Homes.

Detached. A single-family dwelling unit that is not attached to any other dwelling unit.

Attached. A single-family dwelling unit, located singly on a lot, but attached through common vertical walls to one or more dwellings on abutting lots. An attached single-family dwelling unit is sometimes referred to as a townhome.

Single room occupancy. A residential facility with six (6) or more guest rooms without kitchen facilities in individual rooms, or kitchen facilities for the exclusive use of guests or renters, and which are also the primary residences of the guests or renters. This use type is distinct from a hotel or motel, which is a commercial use.

Sign. Every sign, display board, poster, picture, wall graphic, graphic decorative display, map, banner, pennant, balloon, insignia, emblem or other device, with or without lettering, which is intended to advertise or attract the attention of the public, including but not limited to clocks, barber poles and similar devices.

Publicly visible signs and graphics that are less than one-half (½) square foot in area, or so small as to be unreadable or unrecognizable by persons with normal eyesight from a distance of more than twenty (20) feet, shall not be considered signs so long as they do not collectively exceed ten (10) square feet in area on a given property.

Sign, election. Any sign that is designed, used or intended to induce voters to either pass or defeat a measure appearing on the ballot of any election, or to either elect or defeat a candidate for nomination or election to any public oce in any election.

Sign, feather. Any sign in the shape of a feather, including feather and teardrop ags, beachwings, swooper signs, and blade signs, whether freestanding or mounted to any surface.

Sign, freestanding. Any sign erected on one or more poles or posts or similar uprights which is not a part of any building or structure, other than a structure supporting the sign.

Sign, projecting. Any sign, other than a wall sign, which is suspended from or supported by a building or wall and which projects outward there from; also any sign suspended under a marquee, awning, porch, walkway covering, or similar covering structure adjacent to a building.

Sign, roof. Any sign erected upon or over the roof or parapet of any building, including the roof of any porch, walkway covering, or similar covering structure, and supported by or connected to the roof or parapet.

Sign, temporary. A sign consisting of any material and intended to be displayed for a short period of time, in no event to exceed thirty (30) days.

Sign twirler. Also known as sign spinner, sign walker, sign waver, or human billboard. A person who applies an advertisement on his or her person, including holding, wearing, or applying a sign in any form on the human body. This also includes spinning, dancing, and wearing costumes with the sign, in order to attract attention.

Sign, wall. Any sign applied to or mounted on the wall or vertical surface of a building or structure, or to the vertical surface of a marquee, awning, porch, walkway covering, or similar covering structure adjacent to a building or structure, in an essentially at position, with the face of the sign parallel to the plane of the wall or vertical surface, including window signs.

Sign, window. Any sign, other than a temporary sign, which is painted on, attached to, or placed or hung adjacent to, either the inside or the outside of a door or window; it does not apply to or include any display of merchandise, products or materials appurtenant to the business conducted on the premises which is not attached or placed adjacent to a window, or to any noncommercial display or exhibit designed to be seen through a window.

Site. A lot, or group of contiguous lots, that is proposed for development in accordance with the provisions of this title and is in a single ownership or under unied control.

Smoking establishments.

Tobacco bars. Any business establishment which in whole or in part is dedicated to or includes as part of the business, the smoking of tobacco or other substances. This classication includes cigar lounges, hookah bars/cafés, tobacco cafés/bars, and smoking parlors, but does not include medical marijuana dispensaries.

Solar farms, or solar photovoltaic power plants. Includes utility-scale solar energy projects selling power to a utility, with ground-mounted photovoltaic panels, and has a capacity of two (2) megawatts or more.

Solar power generating equipment and facilities. Includes solar panels, or solar generating photovoltaic panels at a size and scale suitable for commercial, industrial, and residential buildings. Solar farms, or solar photovoltaic power plants, include utility-scale solar energy projects selling power to a utility, with groundmounted photovoltaic panels, and has a capacity of one megawatt or more.

Specialty food store. A retail store specializing in a specic type or class of foods such as a candy store, gourmet food store or a meat market.

Specialty retail store. A retail store specializing in a specic type of merchandise such as imported jewelry or clothing.

Specic plan. A plan for a dened area that is consistent with the General Plan and with the provisions of the California Government Code, Section 65450 et seq.

State. The State of California.

Story. That portion of a building included between the upper surface of any oor and the upper surface of the oor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost oor and the roof above.

Street. A public or private thoroughfare which aords the principal means of access to adjacent property, including avenue, place, way, drive, lane, boulevard, road, and any other thoroughfare except an alley or street as dened in this section.

Street line. The boundary between a street right-of-way and property.

Structural alteration. Any change of the supporting members of a building, such as bearing walls, columns, beams or girders, oor joists, ceiling joists, roof rafters, or structural connectors.

Structure.

Accessory structure. A subordinate structure, the use of which is incidental to that of the main structure on the same lot.

Permanent structure. Anything constructed or erected which requires a xed location on the ground, or is attached to a building or other structure having xed location on the ground.

Primary structure (main structure). A structure housing the principal use of a site or functioning as the principal use.

Temporary structure. A structure without any foundation or footings and which is intended to be removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

Successor agency. Beginning on June 29, 2011, the City of Coalinga acts as the successor agency to the Redevelopment Agency of the City of Coalinga, pursuant to the provisions of Health and Safety Code section 34177, et seq.

Supportive Housing. See transitional and supportive housing.

Swap meet. Any indoor or outdoor place, in an approved location, or for an approved activity where new or used goods or secondhand personal property is oered for sale or exchange to the general public by individual licensed vendors, usually in compartmentalized spaces. The term swap meet is interchangeable with and applicable to: ea markets, auctions, open air markets, farmers' markets, or other similarly named or labeled activities; but the term does not include supermarket or department store retail operations. See Section 9-5.124, Swap Meets.

Swimming pool. A pool, pond, lake, or open tank or basin capable of containing water to a depth greater than one and one-half (1.5) feet at any point, and for the specic purpose of swimming in.

Tandem parking. An arrangement of parking spaces such that one or more spaces must be driven across in order to access another space or spaces.

Telecommunication facilities. Please also see Section 9-5.125, Telecommunications Facilities.

Antenna and transmission towers. Broadcasting and other communication services accomplished through electronic or telephonic mechanisms, as well as structures designed to support one or more reception/transmission systems. Examples of transmission towers include, but shall not be limited to, radio towers, television towers, telephone exchange/microwave relay towers, and cellular telephone transmission/personal communications systems towers. Examples of antennas include any system of wires, poles, rods, reecting discs, or similar devices used for the transmission or receiving of electromagnetic radio frequency waves.

Amateur radio antenna. Any antenna used to receive or transmit radio signals on the amateur radio bandwidth, as designated by federal regulations.

Camouage. To disguise a wireless facility by incorporating it into the architectural design of a building or structure or by utilizing design and siting techniques that disguise the wireless facility as a structure or object other than a wireless facility, which is either already present in the area or blends in with the existing environment. Examples of camouage techniques include, but are not limited to, trees, clock towers, bell steeples, light poles and ag poles. The use of mono-pines shall not be considered appropriate camouage unless integrated into the surrounding landscape with the use of live trees, new or existing structures or other design features.

Co-location. The location of two (2) or more wireless communication facilities on a single support structure or otherwise sharing a common location. For the purposes of this title, collocation shall also include the location of wireless communication facilities with other facilities such as water tanks, light standards, and other utility facilities and structures.

Communication tower. Any structure that is used to transmit or receive electromagnetic radio frequency waves or that supports such a device.

Facilities within buildings. Includes radio, television, or recording studios; telephone switching centers, and call centers; excludes antennae and transmission towers.

Ground-mounted. A facility that is fully or partially supported by a platform, framework, pole, or other structural system that is axed to or placed directly on or in the ground.

Monopole. A facility that consists of a single pole structure erected on the ground to support wireless communication antennas and connecting appurtenances.

Wireless telecommunication facility. A facility containing communication towers and/or antennas and any related equipment for the purpose of transmitting or receiving electromagnetic radio frequency waves.

Temporary uses. The following terms are related to Section 9-5.126, Temporary Uses.

Garage sales. The sale or oering for sale to the general public of over ve (5) items of personal property on a portion of a lot in a Residential Zoning District, whether inside or outside any building.

Model homes. A dwelling built in a subdivision development to allow potential home buyers to view a sample nished product before other homes in the development are completed.

Outdoor sales, temporary and seasonal. The sale or oering for sale to the general public of merchandise outside of a permanent structure on property owned or leased by the person, rm, or corporation. These sales are of a limited duration and conducted on an occasional basis, and are secondary or incidental to the principal permitted use or structure existing on the property.

Theater. A building or part of a building which is used for the commercial showing of lms or presentation of live entertainment.

Thrift shop. A shop operated by a charitable organization which sells donated used merchandise.

Tobacco bars. See smoking establishments.

Townhouse. See condominium.

Trailer court. See mobile home park.

Transient. When used to dene living accommodations, describes such accommodations when customarily used or furnished for a period of forty-eight (48) hours or less but in no event longer than 30 days.

Transitional and supportive housing. Transitional housing and supportive housing are permitted as a residential use and only subject to those restrictions that apply to other residential dwellings of the same type in the same zone, per Government Code Section 65583(a)(5).

Transitional housing. Buildings congured as rental housing developments and operating under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six (6) months from the beginning of the assistance.

Supportive housing. Housing with no limit on length of stay, occupied by the target population and linked to an onsite or osite services that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live, and when possible, work in the community.

Target population. Persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people. (Government Code Section 65582(g))
Transportation passenger terminals. Facilities for passenger transportation operations. This classication includes rail stations, bus terminals, and scenic and sightseeing facilities, but does not include airports or heliports.

Truck stop. Any building, premises or land in which or upon which a business, service, or industry involving the maintenance, servicing, storage or repair of commercial vehicles is conducted or rendered including the dispensing of fuel, and the sale of accessories or equipment for trucks and similar commercial vehicles. A truck stop also may include overnight accommodations and restaurants primarily for the use of truck drivers.

Truck terminal. A facility used for the maintenance and short-term storage of trucks, or the loading and exchange of cargo.

Unit. See dwelling unit.

Use. The purpose for which a site or structure is arranged, designed, intended, constructed, erected, moved, altered, or enlarged for which either a site or a structure is or may be occupied or maintained.

Use, accessory. A use that is customarily associated with, and is incidental and subordinate to, the principal use and located on the same lot as the principal use.

Use, primary. A primary or dominant use established, or proposed to be established, on a lot.

Use, nonconforming. See nonconforming use.

Utilities. Sewer, gas, electrical, and water systems located and constructed for the purpose of supporting development. Includes major utilities such as plants, stations and facilities for power generation, transfer, materials recovery, treatment of solid waste and wastewater. Also includes minor utilities such as electrical distribution lines, underground water and sewer lines.

Utilities, major. Generating plants, electric substations, solid waste collection, including transfer stations and materials recovery (recycling processing) facilities, solid waste treatment and disposal, water or wastewater treatment plants, and similar facilities of public agencies or public utilities.

Utilities, minor. Facilities necessary to support established uses involving only minor structures, such as electrical distribution lines, and underground water and sewer lines.

Variance. Permission to depart from the requirements of this title. See Chapter 6, Article 7, Variances.

Variety store. A retail establishment that sells various household items.

Vehicle. A device by which any person or property may be propelled, moved or drawn upon a street, except a device moved by human power or used exclusively upon stationary rails or tracks.

Vehicle storage. Parking or placing any motor vehicle for a period in excess of three (3) consecutive days, or six (6) days in any calendar year.

Veterinary hospital or clinic. A completely enclosed building designed, arranged and intended to be used for the medical treatment and care incidental thereto of animals.

Vibration. A periodic motion of the particles of an elastic body or medium in alternately opposite directions from the position of equilibrium.

Visible. Capable of being seen (whether or not legible) by a person of normal height and visual acuity walking or driving on a public road.

Visitor accommodations. An establishment oering lodging to travelers. See hotels and motels.

Weekday. Any day, Monday through Friday, that is not a federal, state, or local holiday.

Wall. A structural device forming a physical barrier or restraining soil, and supported by a continuous foundation. This denition includes both exterior and interior walls.

Warehousing and storage. Storage and distribution facilities without sales to the public on-site or direct public access.

Chemical, mineral, and explosives storage. Storage of hazardous materials including but not limited to:
bottled gas, chemicals, minerals and ores, petroleum or petroleum-based fuels, reworks, and explosives.

Indoor warehousing and storage. The storage of general merchandise or refrigerated goods within enclosed buildings. Establishments in this classication provide facilities to store commercial goods, but do not sell the goods they handle. They may provide a range of services related to the distribution of goods, including labeling, breaking bulk, inventory control and management, order entry and fulllment, price marking and ticketing, and transportation arrangement. However, they always provide warehousing or storage in addition to any logistics services.

Outdoor storage. Storage of vehicles or commercial goods in open lots as a primary use.

Personal storage. Facilities oering storage for individual use, including mini-warehouses and ministorage.

Wholesaling and distribution. Indoor storage and sale of goods to other rms for resale; storage of goods for transfer to retail outlets of the same rm; or storage and sale of materials and supplies used in production or operation, including janitorial and restaurant supplies. Wholesalers are primarily engaged in business-to-business sales, but may sell to individual consumers through mail or internet orders. They normally operate from a warehouse or oce.
(a)
(b)
(1)
(2)
(3)
Wireless communication tower. A communication tower used for the transmission of digitized wireless transmissions.

Yard. An open space on a lot that is unoccupied and unobstructed from the ground upward, except as otherwise permitted in this title.

Yard, front. A yard extending across the entire front of the lot between the side lot lines and measured from the front line of the lot to the nearest permitted line of the building; provided however, that if any ocial plan line has been established for the street upon which the lot faces, the front yard measurements shall be taken from such ocial plan line to the nearest permitted line of the building.

Yard, rear. A yard extending across the full width of the lot and measured between the rear lot and the nearest line of the main building.

Yard, side. A yard between the side line of the lot and the nearest line of the building and extending from the front line of the lot to the rear yard. A street side yard shares a property line with a street right-of-way.

Zoning Administrator. The Community Development Director of the City of Coalinga, or his or her designee.

Zoning District. A specically delineated area or district in the city within which regulations and requirements uniformly govern the use, placement, spacing, and size of land and buildings. (Ord. No. 776, § 1(Exh. A), e. 9-5-2014)
Sec. 9-5.116. - Mobile vendors.

Purpose. This section supplements Title 5, Chapter 9, Peddlers and Solicitors, of the Coalinga Municipal Code by dening the standards of vehicles used for mobile vending or peddling and operational regulations.

The following standards shall apply to all mobile vendors operating in Coalinga:

Vending from any vehicle shall not be permitted within 100 feet of any intersection of two (2) or more public streets. The vending vehicle operator shall comply with parking signs, curb markings and other trac and parking restrictions at all times.

No mobile vendor shall stand, stop or park within 1,000 feet of the property line of any public or private school intended to educate individuals eighteen (18) years of age or younger between the hours of 7:00 a.m. and 7:00 p.m. on days when school is in session.

No vending vehicles are permitted in the Open Space Zoning District, or any park, unless a permit is rst obtained from the City. Vending vehicles that are over twenty (20) feet long, or have a kitchen, are not permitted in the Residential Zoning Districts. Vending vehicles less than twenty (20) feet long are permitted in the Residential Zoning Districts. (4)
(5)
(6)
(7)
(8)
(9)
(10)
(a)
(1)
(2)
a.
b.
c.

Vending from any vehicle shall be limited to ten (10) minutes in any one location, and the vehicle must be moved a distance of not less than 400 feet between consecutive stops at which vending occurs. Once a vehicle has moved from a vending location, it may not return to that location for at least twenty-four (24) hours.

Vending vehicles shall not be parked, stopped, or left standing in any manner which blocks or impedes vehicular access to any driveway or restricts the free movement of other vehicles upon any street.

Vending vehicle operators shall not conduct business in any congested area where their operation might impede or inconvenience the public.

Vending vehicle operators shall pick up and deposit in the trash receptacle on the vehicle any paper, cups, wrappers, litter or other refuse from the vehicle and which has been left or abandoned on any public property. No street vendor or operator shall dispose of any trash or refuse in any public or private trash receptacle other than one owned or under the control of the operator.

Vending shall not be permitted directly to persons in other vehicles or from other than the curb side of the vending vehicle.

All mobile vendors, or operators of vending vehicles, which sell items within the City of Coalinga, shall secure a Business License from the City prior to the start of business operations.

All vending vehicles shall possess and display a valid permit issued by the Health Department. (Ord. No. 776, § 1(Exh. A), e. 9-5-2014)
Sec. 9-5.126. - Temporary uses.

Temporary uses shall be located, developed, and operated in compliance with the standards of this section.

General. A temporary use is ancillary to the principal Use Permitted on a lot, but is intended to operate only for a limited period of time. Unless otherwise specied, temporary uses shall require a Temporary Use Permit issued in accordance with Chapter 6, Article 6, Temporary Use Permits.

Carnivals, fairs and festival events. Carnivals, fairs, and festival events in connection with an existing commercial use or in conjunction with an activity of a civic organization, church, lodge, public or private school, or other such group or organization are permitted in accordance with the following standards:

Location. Carnivals, fairs, and festival events are limited to areas within commercial or employment districts, or on property owned by a public or private school.

Time limit. When located adjacent to a Residential district, the hours of operation shall be limited to 8:00 a.m. to 9:00 p.m.
d.
(b)
(1)
(2)
(3)
(4)
a.
b.
c.
(c)
(1)
(2)
(3)
(4)
Duration. Carnivals, fairs, and festival events are limited to no more than ten (10) consecutive days four (4) times a year. A more limited duration may be established through the Temporary Use Permit process in order to prevent the use from becoming a nuisance with regard to the surrounding neighborhood or the city as a whole.

Existing parking. Where such a use is proposed within a developed parking lot, the available parking shall not be reduced to less than seventy-ve (75) percent of the minimum number of spaces required by Chapter 4, Article 3, On-Site Parking and Loading.

Garage sales. A garage or yard sale may be permitted on any developed lot occupied for residential purposes, in accordance with the following standards:

Garage sales are limited to no more than three (3) consecutive days four (4) times a calendar year, and no more than once a month per property. Garage sales are limited to 7:00 a.m. to 5:00 p.m..

No outdoor storage shall be allowed. All sale items shall be removed from public view at the end of each sale date.

All merchandise to be sold shall be displayed on a private lot and not within the public right-of-way.

All signs used in connection with advertising a garage sale shall comply with the following standards. The City is authorized to remove garage sale signs that are not in compliance with the following standards:

No more than one sign shall be posted on the premises of the garage sale, and shall not exceed six (6) square feet in area.

No more than two (2) freestanding signs may be posted o-site, subject to the written permission of the property owner on whose property the sign may be placed. Each o-site sign shall not exceed six (6) square feet in area. No sign shall be axed to utility poles, street sign poles or similar public facilities.

All signs shall be removed within twenty-four (24) hours of the conclusion of the garage sale.

Model homes. Model homes with sales oces and temporary information/sales trailers in new residential subdivisions are subject to the following requirements. No planning approval is necessary for a model home.

Time limits. A temporary information/sales trailer may be used during the construction of the model homes for a maximum period of six (6) months or completion of the rst phase, whichever occurs rst.

Location of sales. Real estate sales conducted from a temporary sales oce are limited to sales of lots within the subdivision.

Return to residential use. Prior to the sale of any of the model homes as a residence, any portion used for commercial purposes will be converted to its intended residential purpose.

Term of use. The model home may be established and operated for a term period of three (3) years or until completion of the sale of the lots or residences, whichever comes rst. One year extensions may be approved by the Community Development Director until the sale of all (d)
(1)
a.
b.
c.
d.
e.
f.
g.
(2)
a.
b.
c.
lots/residences is completed.

Temporary and seasonal outdoor sales. Temporary and seasonal outdoor sales include but are not limited to grand opening events, business closing sales, temporary automobile sales, and other special sales events. Temporary and seasonal outdoor sales may be permitted in accordance with the following standards.

General requirements. Temporary outdoor sales on private property in non-residential districts shall be subject to the following standards:

Temporary outdoor sales shall be part of an existing business on the same site. Items on sale shall only include items permitted for sale on the property. Temporary automobile sales are limited to the CR district.

Sales events shall be conducted solely on private property and not encroach within the public right-of-way.

Temporary outdoor sales are limited to four (4) consecutive days six (6) times a year. No site shall be used for such an activity for more than ten (10) days in any calendar month. A more limited duration may be established through the Temporary Use Permit process in order to prevent the use from becoming a nuisance with regard to the surrounding neighborhood or the city as a whole.

When located adjacent to a residential district, the hours of operation shall be limited to 8:00 a.m. to 9:00 p.m. Items shall be completely removed at the close of business each day.

The entire area used for temporary outdoor sales, including display, sales, circulation and parking, shall be paved per City standards.

Location of the displayed merchandise shall not disrupt the normal circulation of the site, nor encroach upon driveways, pedestrian walkways, or required landscaped areas, or obstruct sight distances or otherwise create hazards for vehicle or pedestrian trac.

Where such a use is proposed within a developed parking lot, the available parking shall not be reduced to less than seventy-ve (75) percent of the minimum number of spaces required by Chapter 4, Article 3, On-Site Parking and Loading.

Seasonal sales. The annual sale of holiday related items such as Christmas trees, pumpkins and similar items is permitted in accordance with the following standards:

Time period. Seasonal sales associated with holidays lasting three (3) days up to a month, are permitted one month preceding and one week following the holiday. Christmas tree sales are permitted from Thanksgiving Day through December 31st.

Goods, signs and temporary structures. All items for sale, as well as signs and temporary structures, shall be removed within ten (10) days after the end of sales, and the appearance of the site shall be returned to its original state.

Non-prot fund raising. Fund raising sales by a non-prot organization are limited to no more than seven (7) consecutive days, twelve (12) times a year. (e)
(1)
(2)
(3)
(4)
(f)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
Long term special events and sales. Other special events, outdoor sales, and displays that range from three (3) consecutive days to no more than three (3) months, may be permitted in accordance with the following standards:

Location. Events are limited to non-residential district.

Number of events. Long term special events and sales are limited to no more than two (2) per year.

Existing business. Temporary outdoor sales shall be part of an existing business on the same site.

Signs. Outdoor uses may include the addition of one nonpermanent sign up to a maximum size of four (4) square feet in area, subject to Chapter 4, Article 5, Signs.

Temporary farming. Temporary farming may be permitted in areas that are primarily zoned residential, and shall be in accordance with the following standards:

Area. Temporary farming shall require a lot with a minimum area of twenty (20) acres.

Setbacks. Setback from adjacent non-agriculturally-zoned property shall be thirty (30) feet.

Duration. Temporary farming activity is limited to no more than ve (5) years.

Crop types. Row crops or pasture crops are allowed. Orchards and trees crops are prohibited.

Animal keeping. Consistent with Zoning Code Section 9-5.104.

Machinery operation. Hours for the use of machinery shall be limited to all days of the week from 7:00 a.m. to 10:00 p.m. unless approved by the City Manager. The request must be made in writing one week before anticipated activity.

Pesticide use. Consistent with California's Department of Pesticide Regulation and Fresno County Agricultural Commissioner's regulations.

Irrigation. Temporary farming shall use water from an existing well, and/or available, permitted, reclaimed water such as recycled wastewater. Wells shall have a sound barrier installed to reduce nuisance noise generated from the motor if it exceeds the decibel level acceptable in a residentially zoned district. If a sound barrier is required, the plan shall be reviewed and approved by the Community Development Director.

Construction of new wells. The construction of new wells is strictly prohibited.

Temporary storage. Consistent with Zoning Code Section 9-4.208.

Temporary or seasonal retail sales. May be allowed in accordance with standard for Temporary and Seasonal Outdoor Sales, Zoning Code Section 9-5.126.

Performance standards. Consistent with all standards set forth in Chapter 2, Article 2.

Dust reduction. Dust must be minimized through the use of continued water application, reduced vehicular speeds and avoiding tilling on windy days.

Caretaker. There shall be allowed one caretaker per operation. (Ord. No. 776, § 1(Exh. A), e. 9-5-2014)
Article 6. - Temporary Use and Special Event Permits
(a)
(b)
(a)
(1)
(2)
(3)
Sec. 9-6.601. - Purpose.

This chapter establishes a process for review and approval of certain uses that are intended to be of limited duration of time and will not permanently alter the character or physical facilities of the site where they occur.
(Ord. No. 776, § 1(Exh. A), e. 9-5-2014)
Sec. 9-6.602. - Applicability.

Temporary Use Permit approval is required for temporary uses as described in Section 9-5.126, Temporary Uses. The Community Development Director may refer an application for a Temporary Use Permit to the Planning Commission if the he or she nds that the temporary use may have signicant and detrimental impacts to surrounding land that warrant Planning Commission review. (Ord. No. 776, § 1(Exh. A), e. 9-5-2014)
Sec. 9-6.603. - Procedures.

Application. Any person may apply to the Community Development Director for approval of a temporary use not less than forty-ve (45) days before the use is intended to begin in accordance with the provisions in Article 1, Administrative Procedures, of this chapter.

Determination. Within ten (10) days of accepting an application for a Temporary Use Permit as complete, the Community Development Director shall render a written decision. (Ord. No. 776, § 1(Exh. A), e. 9-5-2014)
Sec. 9-6.604. - Required ndings.

The Community Development Director may approve an application for a Temporary Use Permit to allow a temporary use for a period of time, only upon making all of the following ndings:

The proposed use conforms to the allowed temporary uses in each Zoning District, as described in Chapter 2 of this title.

The proposed use will not unreasonably aect adjacent properties, their owners and occupants, or the surrounding neighborhood, and will not in any other way constitute a nuisance or be detrimental to the health, safety peace, comfort, or general welfare of persons residing or working in the area of such use or to the general welfare of the City; The proposed temporary use or event is in full compliance with requirements of other agencies and has obtained all necessary permits, including but not limited to project review, permits and inspection reports from the:
a.
b.
c.
d.
e.
(4)
(5)
(a)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Health Department;
Police Department;
Fire Department;
Public Works Department; and
Department of Alcoholic Beverage Control of the State of California ("ABC").

The proposed use will not unreasonably interfere with pedestrian or vehicular trac or circulation in the area surrounding the proposed use, and will not create a demand for additional parking that cannot be safely and eciently accommodated by existing parking areas; and Appropriate controls are in place that will ensure the premises will be kept clean, sanitary, and free of litter.
(Ord. No. 776, § 1(Exh. A), e. 9-5-2014)
Sec. 9-6.605. - Conditions of approval.

In approving a Temporary Use Permit, the Community Development Director may impose any conditions reasonably related to the application and deemed necessary to achieve the ndings for a Temporary Use Permit listed in Section (604) above. These conditions may include, but are not limited to:

Dates of permit validity;
Hours of operation;
Limits on additional lighting;
Provision of adequate parking;
Debris and trash removal on the nal day of sales or event; Additional review and plot plan required by the Fire Department, if a tent in excess of 200 square feet or a canopy in excess of 400 square feet is to be utilized during the sales period or event, or if the number of persons anticipated to attend the event exceeds 500; No alcohol sales or consumption to be permitted unless a license has been rst approved by the Police Department.
(Ord. No. 776, § 1(Exh. A), e. 9-5-2014)

Coalinga City CouncilJune 16, 2022

Coalinga City Council
June 16, 2022