Cities Index.
Agenda packet

Dinuba City Council
October 14, 2025

Document
Agenda packet
Meeting
October 14, 2025
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Dinuba City Council
Pages
1,180
Original file
168.2 MB
Text extracted from the city's file for reading and search. Open the original on dinubaca.api.civicclerk.com. That file is the official record.

Exhibit “D”: Dinuba Zoning Ordinance
Chapter 45: Special Uses and Standards
45-18

1. Ministerial Review. An ADU application that complies with the provisions of this Chapter shall be granted ministerial review and acted on within 60 days from the date a complete application is received unless either of the following occurs:
a. The applicant requests a delay or withdraws the ADU application; or b. The ADU is being processed concurrently with the construction of a primary dwelling, in which case the City shall not approve the ADU prior to issuing occupancy for the primary dwelling.

2. A scaled plot plan of the subject parcel on which the ADU or JADU will be located shall be provided. The plot plan shall indicate the location and separation distances between all existing and proposed structures, as well as setbacks from property lines. To the extent not included above, the plot plan shall also provide dimensions of all easements, right-of-way(s), building envelopes, fencing, parking, and paved areas.

3. Complete floor plans of both existing and proposed conditions shall be provided. Each room shall be dimensioned and resulting floor area calculation included. The use of each room shall be labeled. The size and location of all doors, closets, walls, and cooking facilities shall be clearly depicted.

4. Provide elevations that show all proposed and existing exterior structure dimensions, all architectural projections, and all openings for both the existing residence and the proposed secondary dwelling unit. The secondary dwelling unit shall meet the following design standards:
a. A secondary dwelling unit shall have a roof pitch and roof overhang equal to the roof pitch and roof overhang of the primary residence.
b. The address and mailbox for the second dwelling unit shall be located near the public right-of-way.

C. Designated Areas. ADUs and JADUs may be permitted on a lot with an existing or proposed single-family use or multi-family use located in the R-1, RM, and in the Planned Development zone districts, unless the City makes express findings supported by substantial evidence that ADUs and JADUs cannot be permitted due to the inadequacy of water and/or sewer services, and/or the impact of ADUs and JADUs on traffic flow and/or public safety and designate specific areas based on these findings. ADUs and JADUs are subject to the normal requirements of the district. ADUs and JADUs are not permitted in nonresidential zoning districts where residential uses are not

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Exhibit “D”: Dinuba Zoning Ordinance
Chapter 45: Special Uses and Standards
45-19
allowed. Non-habitable accessory structures shall be permitted in addition to ADUs and JADUs.

D. Development Standards. Fire and Building Code requirements are not considered “Development Standards” under this Ordinance. ADUs and JADUs may be permitted on any single-family lot or any multi-family lot. The requirements and standards of the Zoning Ordinance that apply to the primary dwelling on the lot shall apply to any ADU and/or JADU, including lot coverage, height floor area ratio, open space, landscape, and architectural review. If different or conflicting requirements or standards exist, the more restrictive requirements or standards shall apply, but only to the extent such requirements or standards do not conflict with the requirements and standards provided in this Section and Government Code sections 65852.2 and 65852.22.

1. Number of ADUs permitted per parcel.
a. Single-family dwelling. Parcels with an existing or proposed single-family dwelling may have up to one (1) ADU (attached, detached, or conversion), and one (1) JADU in compliance with the provisions of this chapter. b. Multi-family dwelling. Parcels with an existing or proposed multi-family dwelling may develop ADUs in accordance with the following:
i. Conversions. Up to 25% of the number of units in non-livable space (e.g., storage rooms, boiler rooms, passageways, attics, basements, or garages) for a proposed or existing multi-family dwelling is permitted.
ii. Detached ADUs. One detached ADU is permitted for each proposed or existing multi-family dwelling on the site, not to exceed eight (8) ADUs.
iii. Attached ADUs are not permitted for proposed or existing multifamily dwellings and the provisions of ADU conversion shall apply.

2. Relation to Primary Dwelling. The ADU must be either: (1) attached to, or located within, the existing primary dwelling, including attached garages, storage areas, or similar uses within the primary dwelling structure; or (2) detached from the existing primary dwelling and located on the same lot as the existing primary dwelling. Except as provided in Government Code Section 65852.2(e), a JADU must be contained entirely within the walls of the existing single-family residence.

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Exhibit “D”: Dinuba Zoning Ordinance
Chapter 45: Special Uses and Standards
45-20

3. ADUs and JADUs are not subject to the density limitations for the premises.

4. Setbacks and Separation Distances.
a. Setbacks shall be defined as the distances between a structure and a property line or easement.
b. Separation Distances shall be defined as the distance between structures, and/or other improvements.
c. No setback or separation distance is required for an ADU constructed or installed within (1) an existing living area or permitted accessory structure, or (2) a structure constructed in the same location and to the same dimensions as an existing permitted accessory structure that is converted to an ADU or to a portion of an ADU.
d. A minimum setback of four (4) feet from the side and rear lot lines is required for an ADU that is not (1) converted from an existing permitted accessory structure, or (2) a new structure constructed in the same location and to the same dimensions as an existing permitted accessory structure. However, if a proposed ADU is less than 800 square feet, a front setback requirement in other areas of this Code cannot prevent the ADU front being built.
e. State Law does not address the distance between and ADU and other structures on a lot. In the event that an ADU is not consistent with (c)(1) or (c)(2) above, ADU or JADU proposals with Separation Distances of less than ten feet shall comply with building codes regarding safe fire separation distances.

5. ADU Unit Size.
a. If there is an existing primary dwelling, The total floor area of an attached ADU may not exceed 50 percent of the floor area of the existing primary dwelling or 850 square feet, whichever is less. b. The total floor area for a detached ADU may not exceed 1,200 square feet, subject to the following limitations
i. An attached or detached one-bedroom ADU may not be more than 800 square feet of living area.

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Exhibit “D”: Dinuba Zoning Ordinance
Chapter 45: Special Uses and Standards
45-21
ii. An attached or detached ADU that provides more than one (1) bedroom may not be more than 1,000 square feet of living area. iii. An ADU may be an efficiency unit, as defined. A proposed ADU that does not meet the minimum requirements of an
efficiency unit is not permitted.

6. JADU Size.
a. A JADU may not be more than 500 square feet in size.

7. Exceptions.
a. Notwithstanding any other minimum or maximum size for an ADU, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, or minimum lot size, an attached or detached ADU will be permitted if the ADU is:
i. Not more than 800 square feet of total floor area;
ii. Not more than 16 feet in height (any circumstance); iii. Not more than 25 feet in height if the ADU is attached to the primary dwelling, or it can be the same height as the primary dwelling, whichever is lower;
iv. Has at least 4-foot side and rear yard setbacks; and v. Is constructed in compliance with all Fire and Building Code requirements and standards of the Zoning Code
(including consideration of separation distances).

8. ADU Building Development and Design Standards.
a. The ADU height requirements are as follows:
i. 16 feet- allowed under any circumstance.
ii. 18 feet- allowed if the proposed ADU is within ½ a mile of public transit or the property already has a multi-family dwelling two stories high.
iii. 25 feet- allowed if the ADU is attached to the primary dwelling; attached ADUs shall not exceed the height of the

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Exhibit “D”: Dinuba Zoning Ordinance
Chapter 45: Special Uses and Standards
45-22
existing or proposed primary dwelling or 25-feet,
whichever is less.
b. The development of the ADU shall be subject to the property development standards for the zoning district in which the ADU is located.
c. Both attached and detached ADUs must be architecturally compatible, having similar materials and style of construction, with the primary dwelling and consistent with the established character of the adjoining residential neighborhood. The design and size of the building, health, and other codes adopted by the City. d. Attached ADU’s shall be compatible with and made structurally a part of the primary dwelling (e.g., share a common wall with the primary dwelling, rely partially on the primary dwelling for structural support, or be attached to the primary dwelling). e. Detached ADUs shall comply with building and fire code separation standards and be compatible with the materials and colors of the primary dwelling.
f. No passageway is required in conjunction with the construction of an ADU.
g. A new utility connection directly between the ADU and the existing single-family home is not required.
h. Finish Materials and Roof Form. The ADU or JADU entrance shall have the same exterior finish materials as the primary dwelling on the parcel and shall be of the same construction typical of other dwelling units in the zone. The ADU or JADU shall have the same roof form as the primary dwelling and shall not have a flat roof.

9. JADU Building Standards.
a. A JADU must include a separate entrance from the main entrance to the existing single-family residence.
b. A JADU must include at least an efficiency kitchen, which includes a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU. Permanent ovens or cooktops are not allowed in a JADU.

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Exhibit “D”: Dinuba Zoning Ordinance
Chapter 45: Special Uses and Standards
45-23
c. A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.
d. A JADU shall not be considered a separate or new dwelling unit for purposes of any fire or life protection ordinance or regulation, or for purposes of providing water, sewer, or power, including a connection fee.
e. Deed Restriction. A JADU shall not be permitted unless a deed restriction, which shall run with the land, is recorded for the applicable lot, and filed with the City along with the permit application, and must do both of the following:
i. Prohibit the sale of the JADU separate from the sale of the single-family residence.
ii. Prohibit the occupancy of the JADU unless the primary dwelling or newly created JADU is occupied by the
property owner.

E. Connection, Impact, and other Fees. Except as provided below. ADUs and JADUs are subject to all fees and assessments required by the Dinuba Municipal Code for new residential construction.

1. ADUs and JADUs are not considered to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the ADU or JADU is constructed with a new single-family home or a new detached structure.

2. Any impact fees charged for an ADU or JADU of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.

3. An inspection fee shall be assessed for any inspection to determine if an ADU or JADU complies with applicable building standards.

4. The separate utility connection for an ADU constructed with a new singlefamily home or new detached structure is subject to a connection fee or capacity charge proportionate to the burden of the proposed ADU, based upon either its square feet or the number of its drainage fixture unit (DFU) values upon the water or sewer system, that reflects the reasonable cost of providing this service.

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Exhibit “D”: Dinuba Zoning Ordinance
Chapter 45: Special Uses and Standards
45-24

5. Fire Sprinklers. Fire sprinklers are not required to be provided with an ADU if they were not required for the single-family dwelling.

6. Passageways. No exterior passageway shall be required in conjunction with the construction of an accessory dwelling unit. However, accessory dwelling units attached to single-family dwellings shall have independent, exterior access and side and rear setbacks sufficient for fire and safety F. Occupancy and Ownership. ADUs and JADUs must comply with the following standards.

1. A certificate of occupancy must be issued for the primary dwelling unit before a certificate of occupancy can be issued for an ADU or JADU on the lot.

2. An ADU or JADU may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence.

3. Beginning January 1, 2025, owner occupancy shall be required for all ADU and/or JADU permits. For an ADU permit, the owner may occupy either the primary or accessory unit. For a JADU permit, the owner may reside in either the remaining portion of the primary unit, or the newly created JADU. For single-family residences in which an ADU and a JADU will be permitted, the preceding Section G.4. applies. Owner occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

G. Parking Standards. One (1) parking space per ADU is required. All required parking spaces must be provided on-site, but may be provided as tandem parking on a driveway. ADUs that meet any of the following criteria are exempt from parking requirements:
a. ADUs located within one-half mile walking distance of public transit. b. ADUs located within an architecturally and historically significant historic district.
c. ADUs that are part of the proposed or existing primary residence or an accessory structure.
d. When on-street parking permits are required but not offered to the occupant of the ADU.
e. When there is a car share vehicle stationed within one block of the ADU.

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Exhibit “D”: Dinuba Zoning Ordinance
Chapter 45: Special Uses and Standards
45-25
H. Permit Approval. A permit must be obtained for the construction or installation of an ADU or JADU. The ADU or JADU must conform to the standards required by the Zoning Ordinance and the California Fire and Building Codes. A permit application for an ADU or a JADU shall be considered and approved ministerially without discretionary review or a hearing. The City shall approve or deny the application to create an ADU or a JADU within 60 days from the date the City receives a completed application if there is an existing single-family or multifamily dwelling on the lot.

I. ADUs and Regional Housing Needs Assessment. Subdivisions and multi-family housing developments developed or zoned at densities of ten (10) or more dwelling units per acre, with the ability of each lot or dwelling to construct an ADU, shall be counted in the City’s Housing Element as adequate sites for affordable housing, as provided in Government Code section 65583.1(a).

J. Demolition Permits. A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit be reviewed with the application for the accessory dwelling unit and issued at the same time. An applicant shall not be otherwise required, to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district.

K. Other. Nothing in this section shall be construed to prohibit the City from adopting an ordinance or regulation, related to parking or a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains an ADU or JADU, so long as that ordinance or regulation applies uniformly to all single-family residences, regardless of whether the singlefamily residence includes an ADU or JADU.

L. Definitions

1. “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An ADU must include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel that the single-family or multi-family dwelling is situated. An ADU may be an efficiency unit or a manufactured home. An ADU approved under this Chapter may take any of the following forms:
a. Attached. An attached ADU is a habitable space that meets the defining criteria of an ADU which is attached to the existing or proposed primary dwelling.

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Exhibit “D”: Dinuba Zoning Ordinance
Chapter 45: Special Uses and Standards
45-26
b. Detached. A detached ADU is a habitable space that meets the defining criteria of an ADU which does not share a wall or is otherwise attached to the existing or proposed dwelling, but is on the same parcel as an existing or proposed dwelling.
c. Conversion. An ADU may be located within existing structure and converted to habitable space in compliance with the California Building Code and may include the following:
i. An area within an existing dwelling, such as an attached garage. ii. An existing accessory structure, such as a pool house or detached garage.
iii. A portion of habitable space in a multi-family dwelling including storage rooms, boiler rooms, passageways, attics, basements, or garages

2. “Efficiency unit” has the same meaning as defined in the California Building Code, California Code of Regulations, Title 24, Section 1207.4, which meets the following standards:
a. The unit has a single living room of not less than 220 square feet of floor area for two (2) or fewer occupants and an additional 100 square feet of floor area for each additional occupant of the unit. b. The unit has a separate closet.
c. The unit has a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches in front, and lighting and ventilation conforming to the California Building Standards Code.
d. The unit has a separate bathroom containing a water closet, lavatory, and bathtub, or shower.

3. “Floor area” or “total floor area” means the entire ground-level square footage of the structure, including the living area, as defined, and any nonhabitable area within the structure, such as a garage or storage space.

4. “Impact fee” has the same meaning as the term “fee” as defined in Government Code Section 66000(b), except that it also includes fees specified in Government Code Section 66477. “Impact fee” does not include any connection fee or capacity charge.

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Exhibit “D”: Dinuba Zoning Ordinance
Chapter 45: Special Uses and Standards
45-27

5. “Junior accessory dwelling unit” or “JADU” means a dwelling unit that is no more than 500 square feet in size and contained entirely within the walls of an existing single-family residence, or other approved structure as specified in Government Code Section 65852.2(e). A JADU must include the following features:
a. Exterior access separate from the main entrance to the proposed or existing primary dwelling or other structure.
b. An efficiency kitchen, which includes a cooking facility with a sink and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.
c. JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.

6. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

7. “Multi-generational dwelling unit” means a dwelling unit, that does not include a kitchen, contained entirely within the walls of an existing singlefamily residence where access is not restricted between areas of the residence.

8. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards but was a lawful improvement that did conform to the zoning standards in place at the time of the improvement.

9. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

10. “Permanent provisions for cooking” has the same meaning as “kitchen”.

11. “Permanent provisions for sanitation” and “sanitation facilities” means a separate bathroom containing a water closet, lavatory, and bathtub or shower.

12. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

13. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and

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Exhibit “D”: Dinuba Zoning Ordinance
Chapter 45: Special Uses and Standards
45-28
other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

14. “Tandem parking” means that two (2) or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

17.45.100 Adult-Oriented Businesses
A. Purpose and Intent

1. It is the purpose and intent of this Ordinance to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of Dinuba and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of sexually oriented businesses within the City, thereby reducing or eliminating the adverse secondary effects from such sexually oriented businesses. The provisions of this ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of the ordinance to condone or legitimatize the distribution of obscene material.

2. One of the important purposes of the regulations set forth in this Chapter is to discourage and to minimize the opportunity for criminal conduct. As such, nothing in this Chapter shall permit or be interpreted to permit any use, conduct, and/or activity which is specifically prohibited under the following California Penal Code sections:
a. Receipt of money for placement of persons for purposes of cohabitation (Penal Code 266d);
b. Purchase of persons for purposes of prostitution of placement of persons for immoral purposes (Penal Code 266e);
c. Sale of persons of immoral purposes (Penal Code 266f); d. Pimping (Penal Code 266h);
e. Pandering (Penal Code 266i);
f. Lewd or obscene conduct (Penal Code 314);

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Exhibit “D”: Dinuba Zoning Ordinance
Chapter 45: Special Uses and Standards
45-29
g. Houses of ill-fame (Penal Code 315);
h. Disorderly houses which disturb the immediate neighborhood (Penal Code 316);
i. Places of prostitution (Penal Code 317);
j. Place of prostitution; place of lewdness; place used as bathhouse permitting conduct capable of transmitting AIDS (Penal Code 11225).

3. "Nothing in this Chapter shall be interpreted to permit or permit any use, conduct, and/or activity which violates any federal, state or local law of regulation."
B. Establishment and Classification of Businesses Regulated The establishment of any sexually oriented business shall be permitted only in the zone district permitted, and shall be subject to the following restrictions: No person shall cause or permit the establishment of any sexually oriented businesses, as defined above, within 1000 feet of any sensitive land use, as defined above. These limitations apply to sexually oriented businesses classified as follows:

1. Adult arcade

2. Adult bookstore, adult novelty store, or adult video store

3. Adult cabaret

4. Adult motel

5. Adult motion picture theater

6. Adult theater

7. Nude model studio.

C. Measurement of Distance
The distance between any sexually oriented business and any sensitive land use shall be measured in a straight line, without regard to intervening structures or objects from property line to property line.

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Exhibit “D”: Dinuba Zoning Ordinance
Chapter 45: Special Uses and Standards
45-30
D. Location of Sexually Oriented Business
The City of Dinuba's Zoning Ordinance requires that sexually oriented businesses shall be allowed only in a zone where such uses are specifically permitted -- the “M-1” (Light Industrial) zone, at the time of adoption of this ordinance. Permits for sexually oriented businesses shall be required and governed by the procedures and policies specified in the City of Dinuba Municipal Code. In addition, any sexually oriented business shall be subject to the following restrictions:

1. A person commits a misdemeanor, if he operates or causes to be operated, a sexually oriented business outside of the permitted zone.

2. A person commits a misdemeanor if he operates or causes to be operated a sexually oriented business within 1,000 feet of any sensitive land use, as defined above.

E. Non-Conforming Uses

1. Any sexually oriented businesses operating on (effective date of this Ordinance) that is in violation of this subsection shall be deemed a nonconforming use. A non-conforming use will be permitted to continue for a two (2) year period with possible extensions for extenuating circumstances to be granted by the City Council only upon a convincing showing of extreme financial hardship. Such extensions shall not exceed a total of three (3) years in addition to the initial amortization period. Any such nonconforming business loses its right to operate as a non-conforming use, if, for any reason, it voluntarily discontinues its business operation for a period of thirty (30) days or more or if its license to operate is revoked, and such revocation is not overturned by a court of competent jurisdiction.

Such non-conforming uses, while non-conforming, shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use.

2. A sexually oriented business lawfully operating as a conforming use is not rendered a non-conforming use by the location, subsequent to the grant or renewal of the sexually oriented business permit and/or license, within 1,000 feet, of a sensitive land use. This provision applies only to the renewal of a valid permit and/or license, but this provision does not apply when an application for a permit and/or license is submitted after a permit and/or license has expired or has been revoked.

3. Abandonment. Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as an Adult-Oriented Business shall result in a loss of legal nonconforming status of such use.

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Exhibit “D”: Dinuba Zoning Ordinance
Chapter 45: Special Uses and Standards
45-31

4. Amortization -- annexed property. Any Adult-Oriented Business which was a legal use at the time of annexation of the property and which is located in the City, but which does not conform to the provisions of this chapter shall be terminated within two (2) years of the date of annexation unless an extension of time has been approved by the City Council upon request by the business owner.

F. Injunction
A person who operates or causes to be operated a sexually oriented business without having a valid permit due to location restrictions is subject to a suit for injunction as well as prosecution for the misdemeanor punishable by a fine of $1,000.00 and/or one hundred eighty (180) days imprisonment, or by both such fine and imprisonment. If an injunction is sought and granted, the sexually oriented business shall be obligated to pay the City, attorneys' fees and costs of the City, at the discretion of the Court.

G. Exception for Certain Nude Modeling
It is a defense to prosecution under this ordinance if a person appearing in a state of nudity did so in a modeling class operated:

1. By a proprietary school, licensed by the State of California; a college, junior college, or university supported entirely or partly by taxation;

2. By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

3. In a structure:
a. Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
b. Where, in order to participate in a class a student must enroll at least three (3) days in advance of the class; and
c. Where no more than one nude model is on the premises at any one time.

H. Definitions

1. "Employee" means a person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage

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Exhibit “D”: Dinuba Zoning Ordinance
Chapter 45: Special Uses and Standards
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or other compensation by the operation of said business. This definition pertains to “Sexually Oriented Businesses”.

2. "Establishment" means and includes any of the following: (this definition pertains to “Sexually Oriented Businesses”:
a. The opening or commencement of any such business as a new business;
b. The conversion of an existing business, whether or not a sexually oriented business, to any of the sexually oriented businesses defined in this chapter;
c. The addition of a any of the sexually oriented businesses defined in this chapter to any other existing sexually oriented business; or d. The relocation of any such sexually oriented business; or e. The substantial enlargement of any such sexually oriented business.

3. "Nudity or State of Nudity" means: (a) the appearance or display of human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast; or (b) a state of dress which fails to opaquely and fully cover a human buttock, anus, male or female genitals, pubic region or areola or nipple of the female breast.

4. "Operator" means and includes the owner, permit holder, custodian manager, operator or person in charge of any permitted or licensed premises. This definition pertains to “Sexually Oriented Businesses”.

5. "Permitted or "Unlicensed Premises" means any premises that requires a license and/or permit that is classified as a sexually oriented business.

6. "Permittee and/or Licensee" means a person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.

7. “Person” shall mean any individual, firm, co-partnership, corporation, company, association, joint stock association, city, county, or district, and includes any trustee, receiver, assignee, or other similar representative thereof.

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Exhibit “D”: Dinuba Zoning Ordinance
Chapter 45: Special Uses and Standards
45-33

8. "Public Building Regularly Frequented By Children" means any building owned, leased or held by the United States, the state, the county, the city, any special district, school district, or any other agency or political subdivision of the state or the United States, which building is used as a library, community center, children's center, or any other use having special attraction to children, or which building is often visited by children for social activities unaccompanied by their parents or other adult custodian.

9. "Public Park" or "Recreation Area" means public land which has been designated for park or recreational activities including, but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, open space wilderness areas, or similar public land within the city which is under the control, operation, or management of the city park and recreation authorities.

10. "Religious Institution" means any church, synagogue, mosque, temple or building which is primarily for religious worship and related religious activities.

11. "Adult arcade" means an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five or fewer persons each, are regularly available or used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

12. "Adult Bookstore", "Adult Novelty Store" or "Adult Video Store" means a commercial establishment which (1) has as a significant or substantial portion of its stock-in-trade or (2) derives a significant or substantial portion of its revenues or (3) devotes a significant or substantial portion of its interior floor or display space or (4) devotes a significant or substantial portion of its business activities or employees' time, or advertising, to the sale, rental or viewing for any for any form of consideration, of any one or more of the following:
i. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction of description of "specified sexual activities" or "specified anatomical areas";
ii. Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities."

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Exhibit “D”: Dinuba Zoning Ordinance
Chapter 45: Special Uses and Standards
45-34
iii. An establishment may have other significant or substantial business purposes that do not involve the offering for sale, rental or viewing of materials, depicting or describing "specified sexual activities" or "specified anatomical
areas", and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as one of its significant or substantial business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe "specified anatomical areas" or "specified sexual activities."

13. "Adult cabaret" means a nightclub, bar, restaurant, "bottle club", or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features: (a) persons who appear nude or in a state of nudity or seminude; (b) live performances which are characterized by the exposure of "specified anatomical areas", or by "specified sexual activities", or (c) films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

14. "Adult motel" means a motel, hotel or similar commercial establishment which:
(a) offers public accommodations, for any form of consideration, and which regularly provides or makes available to patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television, or (b) offers a sleeping room for rent for a period of time less than ten (10) hours; or (c) allows a tenant or occupant to rent or sub-rent the sleeping room for a time period of less than ten (10) hours.

15. "Adult motion picture theater" means a commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions depicting or describing "specified sexual activities" or "specified anatomical areas" are regularly shown for any form of consideration.

16. "Adult theater" means a theater, concert hall, auditorium, or similar commercial establishment which, for any form or consideration, regularly features persons

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who appear in a state of nudity or live performances which are characterized by exposure of "specified anatomical areas" or by "specified sexual activities."

17. "Nude Model Studio" means any place where a person, who appears in a state of nudity or displays "specified anatomical areas" is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. This term does not include a modeling class operated by a proprietary school, licensed by the State of California; a college, junior college, or university supported entirely or partly by taxation; by a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing, where in order to participate in a class a student must enroll at least three (3) days in advance of the class, and where no more than one nude model is on the premises at any one time.

18. "Regularly Features or Regularly Shown" with respect to an adult cabaret, adult theater, or adult motion picture theater means at least three (3) times within any thirty (30) day period; or carried on as part of the business's routine scheduling of events or activities and not so infrequently as to constitute a single, rare or unusual event or occurrence.

19. Sensitive Land Use includes public and private schools (including pre-schools), public parks, playgrounds, libraries, facilities with youth programs, and religious institutions (e.g. churches).

20. "Significant or Substantial Portion" means such a percentage of its activities, space allocation, revenues, advertising targeting, stock in trade, floor or display space, business receipts, revenues, or other business undertakings as to indicate to a reasonable person that a sexually oriented portion of the business is one of its important activities, though not necessarily its only or even primary activity; for this purpose, evidence that 25% or more of its revenues are derived from such sexually oriented activities or materials, or that 25% or more of its interior floor space or display space is devoted to such sexually oriented activities or materials, or that 25% or more of its actual stock in trade regularly displayed and immediately available for use, rental, purchase, viewing or perusal is comprised of such sexually oriented materials, all as defined in Section 17.65.02 of this Chapter, Definitions, shall be evidence that a "significant or substantial portion" of the business is devoted to such uses.

21. "Specified Anatomical Areas" as used in this Chapter means and includes any of the following:

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i. Less than completely and opaquely covered human
genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or ii. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

22. "Specified Sexual Activities" as used in this Chapter, means and includes any of the following
i. The fondling or other intentional touching of buttocks for purpose of sexual arousal, or fondling or other intentional touching of human genitals, pubic region, anus, or female breasts.
ii. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
iii. Masturbation, actual or simulated;
iv. Human genitals in a state of sexual stimulation, arousal or tumescence;
v. Excretory functions as part of or in connection with any of the activities set forth in sub-sections a through d of this subsection.

23. "Substantial Enlargement of a Sexually Oriented Business" means an increase in the floor areas occupied by the business as the floor areas existed on the affected date of this ordinance.

24. "Transfer of Ownership or Control of a Sexually Oriented Business" means and includes any of the following:
i. The sale, lease or sublease of the business; or
ii. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or
similar means.

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Chapter 45: Special Uses and Standards
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17.45.110 Outdoor Storage Yards
Outdoor storage yards, excluding the storage of vehicles in a day use parking lot or garage, are subject to the provisions of this section. The storage of vehicles in a public or commercial parking lot or garage is subject to Section 17.49 (Parking and Loading).

A. Site Design Standards.

2. Access. There shall be only one (1) access point to a storage yard for each three hundred (300) feet of street frontage. Such access point is to be a maximum width of twenty (20) feet and shall be provided with a solid gate or door.

3. Screening. A storage yard, except a temporary offsite construction yard, is to be screened from public view on all sides by solid wood, painted metal or masonry fencing, or chain link fencing with vinyl slats or other screening mechanism, with a minimum height of six (6) feet. All required screening shall be continuously maintained in good condition to assure that its intended purpose is accomplished.

25. Parking Requirement. None, provided that sufficient usable area is available to accommodate all employee and user parking needs entirely on-site.

26. Site Surfacing. A storage yard shall be surfaced with concrete, asphalt paving, crushed rock, or oiled earth, and be maintained in a dust-free condition.

27. Office Facilities. When no buildings exist or are proposed on a storage yard site, one (1) commercial coach may be utilized for an office, provided that such vehicle is equipped with skirting, and installed pursuant to the permit requirements of the Uniform Building Code.

28. Operation. Except for vehicles or freestanding equipment, materials within a storage yard are not to be stacked or stored higher than six (6) feet, unless a higher wall or fence is constructed at the required setback line under an approved building permit.

The provisions of this title shall not be construed to limit installation or maintenance of public utility pole lines, pipes, conduits and mains, and domestic water wells or require any use permit therefor.

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17.45.120 Building height.

1. Height of a building shall be measured along the vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building to the highest point of the roof.

2. Roof structures for housing elevators, stairways, tanks, ventilating fans or similar equipment, and fire or parapet walls, skylights, towers, flagpoles, chimneys, antennas or similar structures may be erected above the height limit but shall not be allowed for the purpose of providing additional floor space.

17.45.130.1 Swimming Pools in Residential Zones
A. Setback requirements for swimming pools on lots zoned for residential use are subject to the following requirements.

3. Front Yard: Swimming pools are not permitted within any required front yard setback area

3. Side Yards:
a. Interior Property Line: 3 foot setback required.
b. Street side Property Line on Corner and Reverse Corner Lots: 5 foot setback required
i. Rear Yard: 5 foot minimum setback required.
ii. Fencing for swimming pools shall comply with standards of the Uniform Building Code.

17.45.140 Garage conversions.

A. Purpose.

The purpose of this section is to allow, in limited cases, the conversion of garages and carports for living space. Such conversion is deemed acceptable subject to review of available off-street parking and compatibility with surrounding development.

B. Applicability.

Provisions of this section shall only apply in cases as follows:

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1. The site is being used as a single-family detached residence;

2. That a replacement covered parking area of a minimum of four hundred square feet, with a minimum width of twenty feet, be provided without encroaching on required front or side yard setbacks;

3. That the area converted shall be used as part of the main dwelling or for a Junior Accessory Dwelling Unit, consistent with the standards contained in Section 17.45.090;

4. That the area to be converted shall be subject to all applicable building code requirements.

C. Process.

All applications for garage or carport conversions shall be subject to a building permit.

D. Conversion Criteria.

Garage or carport conversions are subject to the following criteria:

1. The garage door shall be removed from the structure, except when the applicant is retaining one parking stall to a standard width and length which would also be perpendicular with the garage door. The exterior elevation of the conversion shall be compatible in design with the existing dwelling;

2. Provision for buffering, such as a planter, shall be provided between the converted carport or garage and the remaining parking area;

3. The remaining parking area shall have a minimum depth of twenty feet from property line with access to be approved by the director.

17.45.150 Bed and Breakfast Facilities.

A. Purpose.

The purpose of this section is to provide for the following:

1. To allow, in limited cases, the operation of bed and breakfast facilities; and

2. To regulate such operations for the protection of the general health, safety and welfare.

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2. Process.

Applications for bed and breakfast inns shall be subject to approval of a conditional use permit pursuant to Chapter 17.57. Bed and breakfast inns shall be subject to any such condition as deemed appropriate by the planning commission.

3. Development Criteria.

Bed and breakfast facilities are permitted, pursuant to a conditional use permit, in R, RM and C-2 zoned areas. In order for a conditional use permit to be approved, the following development criteria shall be met:

1. All standards of the underlying zoning district including, but not limited to, height, lot and yard requirements and lot coverage shall apply.

2. One additional off-street parking space shall be provided for each room available for lodging purposes. Tandem parking shall not be deemed as meeting this requirement.

3. The owner of the facility shall reside on site.

4. Bed and breakfast facilities shall be subject to all applicable building, fire, health and safety codes.

5. No person who is paying rent in exchange for lodging shall occupy a guest room on the premises for more than fourteen consecutive nights.

6. The scale and appearance of the bed and breakfast facility shall remain primarily residential in character; all buildings and site improvements shall be similar to and compatible in design with the surrounding neighborhood and adjacent residences. The planning commission shall have authority to grant or deny applications for bed and breakfast facilities based upon design and aesthetic criteria, as well as the other provisions of this section.

7. One externally lighted sign shall be allowed on the premises. The sign may be either wall-mounted or freestanding and shall not exceed six square feet in area. Freestanding signs shall not exceed five feet in height.

29. Bed and breakfast facilities shall be operated by the permanent occupants of the premises. No more than two persons not residing on the premises shall be employed in the operation of the facility. One additional parking space shall be provided for each two employees.

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17.45.160 Sight Distance.

The following regulations shall apply to all intersections of streets, alleys and private driveways in order to provide adequate visibility for vehicular traffic. There shall be no visual obstructions within the cutoff areas established.

A. There shall be a corner cutoff area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of fortyfive degrees with the side, front or rear property line, as the case may be. It shall pass through the points located on both the side and front (or rear) property lines at a distance of thirty feet from the intersection of such lines at the corner of a street, alley or highway.

B. There shall be a corner cutoff area on each side of any private driveway intersecting a street or alley. The cutoff lines shall be in a horizontal plane, making an angle of forty-five degrees with the side, front or rear property line, as the case may be. They shall pass through a point of not less than ten feet from the edges of the driveway where it intersects the street or alley right-of-way.

C. There shall be a corner cutoff area on each side of any alley intersecting a street or alley. The cutoff lines shall be in a horizontal plane, making an angle of forty-five degrees with the side, front or rear property line, as the case may be. They shall pass through a point not less than ten feet from the edges of the alley where it intersects the street or alley right-of-way.

D. Where, due to an irregular lot shape, a line at a forty-five degree angle does not provide for intersection visibility, such corner cutoff shall be defined by a line drawn from a point on the front (or rear) property line that is not less than thirty feet from the intersection of the side and front (or rear) property lines and through a point on the side and front (or rear) property lines.

17.45.170 Regulation of adult material.

A. Purpose.

The adult uses and material subject to the provisions of this section are recognized as having serious objectionable characteristics which are incompatible with, and may have deleterious effects upon, adjacent areas and community values.

B. Limitations Upon Display of Certain Materials.

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It shall be unlawful for any person, partnership, corporation or other legal entity to display harmful matter in a public or private place, other than a public or private place from which minors are excluded, without placing a device commonly known as a blinder rack in front of such matter, so that the lower twothirds of the material is not exposed to view.

17.45.180 Businesses Selling Alcoholic Beverages
A. Purpose.

The purpose of this section is to set forth the development and operational standards for the issuance of a conditional use permit for alcoholic beverage sales. Such standards are adopted to protect the public welfare and health from the potential problems associated with the sale of alcoholic beverages.

4. A Conditional Use Permit (consistent with the standards and procedures established in Chapter 17.57) (Conditional Use Permits) shall be required for the following commercial uses where alcoholic beverages are sold, served or given away for on-site or off-site consumption:
• Bars and lounges
• Liquor stores
• Convenience stores where at least 10% of the shelf space is occupied by alcoholic products
• Gas stations with sales of alcoholic beverages
• Micro breweries
• Restaurants, cafes and eating places with a bar
• Night clubs with the sale of alcoholic beverages
• Bowling alleys and other recreational facilities where alcoholic beverages are sold
• Theatres with sales of alcoholic beverages
A Conditional Use Permit shall not required for the following uses that offer alcoholic beverages:
• Grocery stores and supermarkets
• Restaurants, cafes and eating places that offer alcoholic beverages as a side product
• Wine bars

5. In considering an application for a conditional use permit or revocation of an existing conditional use permit for alcoholic beverage sales under this section, the Planning Commission (or the city council in the event of an

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appeal), shall consider whether the proposed use will adversely affect the health, safety or welfare of the residents of the area or will result in an undue concentration of such establishments in one area. In considering the potential for negative impacts on surrounding parcels, the Planning Commission shall take into consideration the location and proximity of the following uses:
a. Residential buildings and neighborhoods;
b. Churches, schools, hospitals, parks, public playgrounds and other similar uses; and
c. Other establishments offering alcoholic beverages, including beer and wine.

3. In all determinations pursuant to this section, the applicant for the Conditional Use Permit for alcoholic beverage sales shall have the burden of proving by substantial evidence that the proposed use will not adversely affect the health, safety or welfare of the public, nor result in undue concentration of alcoholic beverage outlets in that part of the city, or detrimentally affect nearby uses within the city.

4. The director is specifically authorized to refuse the issuance of any retail license for alcoholic beverage premises located within six hundred feet of churches, hospitals, schools, public playgrounds, and nonprofit youth facilities. This distance shall be measured pursuant to rules of the department, which is a straight-line distance from the nearest property line of the alcoholic beverage establishment’s to the nearest property line of the sensitive facility.

17.45.190 Wireless Communication Facilities
A. Purpose.

The purpose of this chapter is to ensure greater compatibility between communication facilities and adjacent land uses, to protect the general public, and to provide for the communication needs of the region by establishing design and operating standards.

B. Definitions.

For the purpose of this chapter, certain terms and words as used herein are defined as follows:
“Above ground level” means a measurement of height from the natural grade of a site to the highest point of a structure.

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“Antenna” means the surface from which wireless radio signals are sent and received by a personal wireless facility.
“Camouflaged” means a communication tower or facility that is disguised, hidden, part of an existing or proposed structure or placed within an existing or proposed structure. “Carrier” means a company that provides communications services. “Collocation” means the use of single mount on the ground by more than one carrier (vertical collocation) and/or several mounts on an existing building or structure by more than one carrier.
“Elevation” means the measurement of height above sea level. “Equipment shelter” means an enclosed structure, cabinet, shed or box at the base of the mount within which are housed batteries and electrical equipment. “Fall zone” means the area within which there is a potential hazard from falling debris or collapsing material.
“Guyed tower” means a monopole or lattice tower that is tied to the ground or other surface by diagonal cables.
“Lattice tower” means a type of mount that is self-supporting with multiple legs and cross bracing of structural steel.
“Licensed carrier” means a company authorized by the Federal Communications Commission (FCC) to construct and operate a commercial mobile radio services system. “Monopole” means the type of mount that is self-supporting with a single shaft of wood, steel or concrete and a platform or racks for panel antennas arrayed at the top. “Omnidirectional (whip) antenna” means a thin rod that beams and receives a signal in all directions.
“Panel antenna” means a flat surface antenna usually developed in multiples. “Personal wireless service facility” means a facility for the provision of personal wireless services, as defined by the Telecommunications Act.
“Security barrier” means a locked, impenetrable wall, fence, or berm that completely seals an area from unauthorized entry or trespass.
“Separation” means the distance between one carrier’s array of antennas and another carrier’s array.

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“Stealthing” means designing a communications tower and facilities to be architecturally incorporated into the surrounding community’s environs while minimizing aesthetic impacts. Examples of stealthing include, but are not limited to, steeples, windmills, water towers, flag poles or chimneys.

C. Process.

1. Applications for communications towers and facilities shall be allowed in the zones identified by use matrices in Chapters 17.26, 17.48, and 17.54.

Communication towers and facilities shall be subject to any such condition as deemed appropriate by administrative approval or the planning commission.

2. Telecommunications facilities to be located on city-owned buildings or infrastructure, located on rights-of-way or city-owned property, pursuant to a master telecommunications siting agreement, meeting the requirements of city policy, are exempt from the provisions of this chapter.

D. Development criteria.

In order for a conditional use permit to be approved, the following development criteria shall be met:

1. The applicant shall submit documentation of the legal right to install and use the proposed site or facility at the time of application submittal.

2. All standards of the underlying zoning district or specific plan including, but not limited to, height, lot and yard requirements, and lot coverage shall apply.

3. Buildings shall be subject to the setback requirements of the zone or ten feet, whichever results in the greater setback.

4. A minimum of ten feet of the front, side, and rear yards shall be landscaped pursuant to Section 17.71.130.

5. All equipment proposed for a communication facility shall be authorized per the FCC.

6. A balloon or crane test at the proposed site to illustrate the height of the proposed facility, the date, time and location of such test shall be advertised in a newspaper of general circulation in the city at least fourteen days prior to the test.

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Chapter 45: Special Uses and Standards
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7. The applicant shall provide written indemnification to the city of Dinuba to indemnify the city from liability associated with any damage to the property or adjacent properties caused by the communication and wireless facilities. (Ord. 2014-04 § 2 (part), 2014: Ord. 2008-05 § 1 (part), 2008:

Ord. 99-3 § 1 (part), 1999)
E. Design standards.

1. Equipment shelters for communication facilities shall be designed with one of the following standards:
a. Equipment shelters shall be located in underground vaults; or b. Equipment shelters shall be designed to be consistent with the surrounding architectural styles and materials; or
c. Equipment shelters shall be camouflaged behind an effective year-round landscape buffer, equal to the height of the proposed building(s), and/or opaque fence.

2. Fencing shall be placed behind the landscaped areas and wood slats shall be woven into the fence if the fence is made of chain-link material. The use of barbed wire or similar material shall be located to the inside of the lot. Electrified fence or razor wire is prohibited unless required by any law enforcement agency or regulation of the state of California or any agency thereof.

F. Lighting and signage.

1. Facilities shall be lighted only if required by the Federal Aviation Administration (FAA). Lighting of equipment structures and any other facilities on the site shall be shielded from abutting properties. There shall be total cutoff of all light at the property lines of the parcel to be developed and foot-candle measurements at the property line shall be 0.0 initial foot-candles when measured at grade.

2. Signs shall be limited to those needed to identify the property and the owner and warn of any danger. All signs shall comply with the requirements of the city’s sign regulations.

3. All ground-mounted facilities shall be surrounded by a security barrier.

G. Environmental standards.

1. No hazardous waste shall be discharged on the site of any communication facility.

If any hazardous materials are to be used on the site, there shall be provisions for

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full containment of such materials. An enclosed containment area shall be provided with a sealed floor, designed to contain one hundred ten percent of the volume of the hazardous materials stored or used on the site.

2. Communication facilities shall not generate noise in excess of fifty dB at the property line.

H. Collocation.

2. Licensed carriers shall share facilities and sites where feasible and appropriate, thereby reducing the number of facilities that are stand-alone.

All applicants shall demonstrate a good faith effort to collocate with other carriers. Such good faith efforts include:
a. A survey of all existing structures that may be feasible sites for collocation;
b. Contact with other carriers;
c. Sharing information necessary to determine if collocation is feasible.

3. In the event collocation is not feasible a written statement of the reasons for the unfeasibility shall be submitted to the city. The city may retain a radio frequency engineer to verify if collocation at the site is not feasible.

The cost for such an engineer will be at the expense of the applicant. The city may deny a permit to an applicant that has not demonstrated a good faith effort to provide for collocation.

I. Modifications.

1. A modification of a facility may be considered equivalent to an application for a new facility and will require a new conditional use permit or administrative use permit when the following apply:
a. The applicant wants to alter the terms of the conditional use permit by changing the facility in one or more of the following ways:
i. Increase the approved maximum height.
ii. Increase the approved maximum extension of equipment out from the center of the tower on towers without
stealthing.
iii. Increase in the footprint of the facility on the ground.

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iv. Removal of stealthing.

2. A modification of the facility does not require a new or modified conditional use permit when collocation, addition or replacement of equipment that does not result in an increase in height beyond the approved maximum height, an increase in the approved maximum extension of equipment out from the center of the tower on towers, increase in the footprint of the facility on the ground, or removal of stealthing.

A. Abandonment or discontinuation of use.

1. At such time a licensed carrier plans to abandon or discontinue operation of a facility, such carrier will notify the city or the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than thirty days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the facility shall be considered abandoned upon such discontinuation of operation.

2. Upon abandonment or discontinuation of use, the carrier shall physically remove the facility within ninety days from the date of abandonment or discontinuation of use. “Physically remove” shall include, but not be limited to:
a. Removal of antennas, mount, equipment shelters and security barrier from subject property;
b. Proper disposal of the waste materials from the site in accordance with the city standards;
c. Restoring the location of the facility to its natural condition, except that any landscaping and grading shall remain.

3. If a carrier fails to remove a facility in accordance with this chapter, the city shall have the authority to enter the subject property and physically remove the facility. The city may require the applicant to post a bond at the time of construction to cover for the removal of the facility in the event the city must remove the facility.

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17.45.200 Manufactured housing.

A. Purpose.

It is the purpose of this article to, where approved, allow manufactured homes to be placed on individual residential lots in the RA, R and RM districts. The manufactured home provisions shall not change the provisions of the existing district, but will provide for permanent manufactured homes under development standards to assure compatibility within the block in the district.

It is further the intention of this article to provide another type of affordable housing, as outlined in the goals and policies in the Dinuba general plan.

A. Requirements.

1. Date of Manufacture. No manufactured home shall be installed that was manufactured more than ten years from the date of application for a building permit for installation.

B. Development standards and conditions.

1. Finish Floor Elevation. All manufactured homes shall be installed on a foundation at the same finish floor elevation compatible to existing standards established within the block in the existing district, and excavated to comply to all standards of the Uniform Building Code, approved by the building official.

2. Foundations. All manufactured homes shall be installed on a permanent foundation in accordance with city building codes; Section 18551 of the State Health and Safety Code; State of California Housing and Community Development regulations; or a foundation designated by an engineer, licensed within the state of California. The approved method of securing the manufactured home to a permanent foundation shall be detailed when submitting plans for plan check and permit.

3. Roof Pitch. All manufactured homes shall have a roof pitch of not less than three-inch vertical rise for each twelve inches of horizontal run, or not less than what is consistent to be compatible within the block in the existing district.

4. Roofing Material. All manufactured homes and their accessory garages or carports shall have a roof consisting of asphalt composition, clay, tile, concrete or metal tile or panels, slate, built-up asphaltic-gravel materials or

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other material customarily used for conventional dwellings, compatible with all roofs within the block in the existing district.

5. Roof Overhang. All manufactured homes and their garages or carports shall have a pitched roof with a minimum sixteen-inch roof overhang on each of the perimeter walls such that the overhang is architecturally integrated into the design of the dwelling unit.

6. Exterior Material. All manufactured homes shall be covered with wood, masonry, concrete, stucco, metal lap, or an exterior material customarily used on conventional dwellings, compatible within the block in the existing district. The exterior covering material shall extend to the ground, except that when a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation.

7. Minimum Width of Manufactured Home. All manufactured homes shall have a minimum width of twenty feet, or be compatible with existing conventional dwellings within the block in the district.

8. Alterations. The manufactured home shall not have been, or shall not be, altered in violation of applicable codes; any manufactured home altered shall not be allowed to be located into the existing district unless certified by the Department of Housing and Community Development prior to the issuance of a permit by the building official.

9. Certification. All manufactured homes shall be certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 USC Section 5401 et seq.).

10. Residential Use. All manufactured homes shall be occupied only as a single-family residential unit.

11. Utility Connections. All manufactured home utility connections pertaining to electrical, gas, water, mechanical and sewer shall be installed in a permanent manner applicable to a permanent single-family residential structure in the existing district. Location of water meters and gas meters shall conform to adopted standards of the city.

12. Accessory Building. All manufactured home accessory buildings such as detached garages, carports, patios or accessory buildings shall conform to all requirements of the Uniform Building Code or Department of Housing and Community Development requirements; all materials used for roofing and exterior shall be compatible with material customarily used on conventional accessory structures within the block in the existing district.

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13. Wheels and Axles. All manufactured home tow bars, wheels and axles shall be removed when the manufactured home is installed on a residential lot, so as to be compatible with structures within the existing district.

14. Fees. All manufactured homes shall be subject to all fees required for new single-family dwellings as adopted by the city.

15. Modifications. No modifications shall be granted to a manufactured home unless approved by the Department of Housing and Community Development and the building official for the city.

16. Permits. Prior to the installation of a manufactured home on a permanent foundation, the owners of the manufactured home or a licensed contractor shall obtain a building permit.

17. Surrender of Registration. Subsequent to applying for the required building permits, and prior to the occupancy of a manufactured home on a permanent foundation, a certification of occupancy is to be issued by the building official pursuant to Section 18551 of the California Health and Safety Code. Thereafter, any vehicle license plate, certificate of ownership and certification of registration issued by a state agency is to be surrendered to the appropriate state agencies. Any manufactured home which is permanently attached with foundation must bear a California insignia or federal label, pursuant to Section 18550(b) of the Health and Safety Code.

18. Appeals. Any decision made by city officials on the compatibility of a manufactured home within a block in any district pursuant to this chapter may be appealed by the applicant or an aggrieved party to the planning commission.

19. Deviations. The community development department may approve deviations from one or more of the standards of this section on the basis of a finding that the architectural style proposed provides compensating design features and that the proposed dwelling will be compatible and harmonious with existing structures in the vicinity.

17.45.210 Garage sales.

A. Permit required.

It is unlawful for any person, co-partnership, club or association to conduct a sale without having secured a permit for such sale.

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Exhibit “D”: Dinuba Zoning Ordinance
Chapter 45: Special Uses and Standards
45-52
B. Posting of permit.

The permit shall be posted in a conspicuous place on the premises, outdoors or at the front entrance to the garage, patio or yard. The permit shall be posted in a place which is readily visible from the permitted address street frontage, unless the sale is taking place in a location in which the address frontage is an alley way, in which case the permit shall be posted in a place which is calculated most reasonably to give notice to anyone driving by of the content of the permit.

C. Permit fee.

The permit fee schedule shall be as follows:

1. First time during calendar year, permit required (no fee);

2. Second time during calendar year, permit fee as set by the city council;

3. More than two, permit fee as set by council plus the conditional use permit fee.

D. Location allowed.

Sales shall only be located on property that is used for residential purposes.

Church rummage sales shall be located on the church property. No sales shall be permitted on properties which are adjacent to school entrances and exits where students are dropped off or picked up other than on days in which there is no school in session such as weekends and holidays.

E. Number of sales allowed.

There shall not be more than two sales allowed per calendar year at any one address, unless a conditional use permit is filed and approved by the planning commission.

F. Signs.

Signs advertising a sale shall be located on the property only. Individual signs shall not exceed three square feet; total signs shall not exceed nine square feet in the aggregate, and shall not be placed so as to block vehicular or pedestrian view from adjoining properties. Posting of signs shall be only during time of sale and in conformance with Chapter 17.51 (Signs and Advertising).

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Exhibit “D”: Dinuba Zoning Ordinance
Chapter 45: Special Uses and Standards
45-53
G. Length of time of sale and hours permitted.

No sale shall last more than three days. No sale shall start before six a.m. or continue after eight p.m.

H. Violation.

The conducting of any garage, patio or yard sale without a valid permit shall be considered an infraction. Each day of such sale without a valid permit constitutes a separate offense.

17.45.220 Mobile Home Parks
A. Purpose
The purpose of this section is to establish standards for the development of mobile home parks in Dinuba. Dinuba’s housing element acknowledges that these developments serve as a valuable source of housing for the elderly and households in the lower- to moderateincome categories. Further, the higher densities of mobile home parks can help to conserve valuable farmland.

B. Permitted Uses
Permitted uses within mobilehome parks are those listed as permitted (or permitted subject to a Conditional Use Permit in the underlying zone district in which the park is situated.

C. Development Standards (see also Exhibit 45-1)

1. Density
No more than 8 mobile homes per gross acre shall be permitted.

2. Lot Size
a. The minimum parcel size for a mobile home park shall be 5 acres. b. For a “single-wide” mobile home, the minimum size for an individual mobile home space is 2,800 square feet (25 feet wide and 50 feet long). For a “double-wide” mobile home the minimum size for an individual mobile home space is 3,200 square feet (35 feet wide and 50 feet long)

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Exhibit “D”: Dinuba Zoning Ordinance
Chapter 45: Special Uses and Standards
45-54

3. Coverage
No more than 75 percent of an individual space shall be covered with structures, including the mobile home, carport, patio, and storage buildings.

4. Unit size
All mobile homes shall have a minimum width of 12 feet and a minimum length of 40 feet.

Exhibit 45-1: Selected Mobile Home Park Standards
Front Yard: 10’
Rear Yard: 10’
Side Yard
along
Street: 15’
Individual Mobile
Home Lot
Side Yard: 5’
Side Yard: 5’
7’ high block wall
7’ high
block wall
7’ high
block wall
Two 10’ x 20’ paved
and covered parking
spaces required per
mobile home. May
be in tandem.

Open Space
Street Width: 32 feet
dwelling
street
lane
lane
lane
Individual
mobile home
lot
Front
Yard: 15’
5% of site
must be
useable
open space
7’ high
block wall
street
Mobile Home Dimensions:
12’ wide x 40’ long, minimum
Rear
Yard: 15’

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Exhibit “D”: Dinuba Zoning Ordinance
Chapter 45: Special Uses and Standards
45-55

5. Setbacks
a. Setbacks for the entire mobile home park shall be as follows:
a. Front yard: 20 feet.
b. Side yards: 10 feet.
c. Rear yard: 20 feet.
b. Setbacks for mobile homes on an individual mobile home space shall be as follows:
(i) Front yard: 10 feet.
(ii) Side yard: 5 feet.
(iii) Rear yard: 10 feet.

6. Patios
Each mobile home site shall have a hard-surfaced patio area of not less than 200 square feet. A permanent porch greater than 20 square feet in area may be counted toward the required patio area.

7. Access and Streets
a. A mobile home park shall have no fewer than two entrances for vehicles from a public street.
b. Interior streets within the mobile home park shall have a minimum paved width of 25 feet. Said streets shall be constructed consistent with Dinuba’s Improvements Manual.

8. Open Space
a. Five percent of the gross area of any mobile home park shall be devoted to useable open space. Space for streets and required setback areas shall not be counted toward this open space requirement.
b. Pedestrian ways shall be provided throughout the mobile home park, connecting all mobile home sites with one another and with common recreation areas.

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Exhibit “D”: Dinuba Zoning Ordinance
Chapter 45: Special Uses and Standards
45-56

9. Landscaping
a. All setback areas that front onto a public street shall be provided with landscaping and an automated irrigation system.
c. All landscaping shall reflect concepts of the Dinuba Landscape Design Guidelines and comply with landscape standards of Chapter 17.47 (Landscaping and Irrigation).
d. The front yard of each individual mobile home lot shall be landscaped.

10. Building Height
Residential structures shall not exceed 25 feet/two stories in height; Accessory structures shall not exceed 12 feet in height.

11. Fencing, Walls and Hedges
A 7-foot high solid block wall shall be constructed along all property lines that surround the mobile home park, however the fence shall be reduced to 3 feet within the required front yard area.

12. Off-Street Parking
a. Resident Parking
Each mobile home space shall provide two off-street parking stalls.

Said stalls may be designed as tandem stalls. Each stall shall have a minimum width of 10 feet and a minimum depth of 20 feet. All stalls shall be paved consistent with Dinuba’s Improvements Manual.
b. Guest Parking
There shall be one guest parking space provided within the mobile home park for every two mobile homes. The location of guest parking shall be approved as part of the Conditional Use Permit for the mobile home park.
c. Office Parking

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Exhibit “D”: Dinuba Zoning Ordinance
Chapter 45: Special Uses and Standards
45-57
Parking shall be provided for central recreation buildings, park offices and other similar buildings at a ratio of one parking space per 400 square feet of gross floor space
d. Recreational Vehicle Storage Space
Centralized storage areas shall be provided for recreational vehicles and boats, at a minimum of one space per five mobile home spaces. Individual storage spaces shall measure not less than ten feet by thirty feet, and shall have direct access to a driveway with minimum width of twenty feet.
e. Storage areas shall be paved and drained in order to be usable year round and shall be completely screened from exterior view by a combination of landscaping, masonry walls, fences or other comparable screening devices six feet in height.

13. Utility Installation
a. Utility lines, including, but not limited to, electric, communications, street lighting and cable television, shall be placed underground.
b. Each mobile home space and all interior roads shall be lighted for the safety and convenience of persons using the premises. c. All connections for each mobile home shall be placed at the rear of the mobile home space.

14. Special Requirements
a. The mobile home park shall be provided with a laundry building for clothes washing and drying.
b. Each mobile home pad shall consist of a base material adequate to support a mobile home.
c. All tongues and tow bars shall be removed once a mobile home is fixed to the lot.
d. All mobile homes shall be fitted with skirting, extending from the floor level of the mobile home to the ground.
e. An on-site manager shall be required for all mobile home parks containing 16 or more mobile home units.

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Exhibit “D”: Dinuba Zoning Ordinance
Chapter 45: Special Uses and Standards
45-58
f. Trash enclosures shall be provided, consistent with City specifications.

15. Signs
All signage at mobile home parks shall be consistent with the requirements established in Chapter 17.51 (Signs and Advertising).

17.45.230 Streamlined Ministerial Approval Process for Affordable MultiFamily Residential projects A. Purpose
Senate Bill (SB) 35 and SB 330 provide streamlined (i.e. ministerial) approval processes for qualifying multifamily housing projects and mixed-use developments that have at least two-thirds of the square footage dedicated to residential use.

Projects approved in accordance with SB 35 are exempt from the California Environmental Quality Act (CEQA). Local jurisdictions must approve or deny qualifying projects within 60 days of application completion for projects with 150 or fewer units, or within 90 days of application completion for projects with more than 150 units.

B. Qualifying Factors
In order to qualify for the Streamlined Ministerial Approval Process, a project must satisfy all of the following requirements:

1. At least 75 percent of the project site perimeter must adjoin parcels developed with urban uses.

2. The project site must have a General Plan designation and zoning that allows residential or mixed-use development.

3. At least 50 percent of the proposed units must be affordable to households earning below 80 percent of the Area Median Income (AMI).

4. Affordable units must be subject to a recorded affordability covenant for a minimum of 55 years for rental units and 45 years for ownership units.

C. Application
Project proponent shall submit a completed Housing and Community Development (HCD) SB 330 Preliminary Application Form to serve as Notice of Intent to submit an application for Streamlined Ministerial Approval Process.

D. Tribal Consultation

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Exhibit “D”: Dinuba Zoning Ordinance
Chapter 45: Special Uses and Standards
45-59
After the HCD SB 330 Preliminary Application Form is submitted, but prior to submitting the application for Streamlined Ministerial Approval Process, Native American tribal notification and consultation shall be satisfied in accordance with Government Code Section 65913.4(b).

17.45.240 By-Right Approval
A. Purpose of this article.

This chapter specifies the process for reviewing uses entitled to review as a "use by right" as defined in Government Code Section 65583.2. In enacting this chapter, it is the intent of the City to implement State law as well as the goals, objectives, and policies of the City's Housing Element of the General Plan.

B. Interpretation.

If any portion of this chapter conflicts with any applicable State law, State law shall supersede this chapter. Any ambiguities in this chapter shall be interpreted to be consistent with State law. Statutory references in this chapter include successor provisions.

C. Eligibility for by-right approval.

The following uses are eligible for by-right approval:

1. Projects that satisfy the criteria outlined in subsections (i) and (ii) below:
a. Are located on sites listed as lower-income sites in the adopted housing element site inventory pursuant to Government Code Section 65583.2 subdivision (c) that are shown to have been either:
i. Vacant and listed in two prior housing element site
inventories; or
ii. Non-vacant and listed in a previous housing element site inventory; and the sites identified in the adopted
housing element.
b. Twenty percent of the total number of housing units in the project are proposed to be available to lower-income households at affordable rent or affordable housing cost, as applicable.

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Exhibit “D”: Dinuba Zoning Ordinance
Chapter 45: Special Uses and Standards
45-60

2. Permanent supportive housing as defined in Government Code Section 65660 that meets all of the requirements of Government Code Sections 65660 et seq.

3. Low barrier navigation centers as defined in Government Code Section 65660 that meets all of the requirements of Government Code Sections 65660 et seq.

4. One hundred percent affordable projects located on land that was owned by an independent institution of higher education or religious institution as described in Government Code Section 65913.16.

5. Emergency shelters in the RM Zones pursuant to the objective standards established by Chapter 17.19 and other applicable standards established by the respective zone.

6. Single-room occupancy projects in the RM zones whereas 20 percent of the total number of units in the project are proposed to be available to lower-income households at affordable rent or affordable housing cost, as applicable.

D. Permit requirements.

An applicant for a project eligible for by-right zoning approval shall submit an application for administrative review for approval of the design. No discretionary permit or approval is required.

E. Review of application.

1. For administrative review applications listed in this section, the Community Development Director or his/her designee, without notice or hearing, shall consider the application ministerially without discretionary review. When the application is in compliance with the relevant standards, the permit shall be issued. Should the Community Development Director or his/her designee find that the application is not in compliance with the relevant standards, the Community Development Director or his/her designee shall issue a written notice to the applicant identifying which standards have not been met. The decision may be appealed to Planning Commission only by the applicant or the owner of the subject property.

2. The application for the administrative review shall be reviewed for conformance with objective standards established by the Zoning Code.

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Exhibit “D”: Dinuba Zoning Ordinance
Chapter 45: Special Uses and Standards
45-61

3. As provided by Government Code Section 65583.2(i), an eligible project is exempt from the California Environmental Quality Act.

4. Permanent supportive housing shall be reviewed consistent with the provisions of Government Code Sections 65650 et seq.

5. Low barrier navigation centers shall be reviewed consistent with the provisions of Government Code Sections 65650 et seq.

F. Required findings.

In granting administrative approval, the Community Development Director or his/her designee, shall issue a letter of approval and shall make the following findings:

1. That the project is eligible for by-right approval under State law.

2. That the project complies with all applicable objective zoning and other adopted standards.

3. That the project is granted subject to such applicable conditions as required to meet the standards of the use and zone in which it is located and to comply with applicable design standards.

17.45.250 Affordable Housing Density Bonus
A. Purpose
The purposes of the affordable housing regulations are to:

1. Lessen the shortage of housing affordable to moderate, low, and very low-income households in the city as partial compliance with California Government Code Section 65583(c);

2. Allow for density bonuses and additional incentives, consistent with California Government Code Section 65915, for housing affordable to moderate, low, and very low-income households, for seniors and disabled persons, and for development that includes a childcare facility;

3. Implement the policies of the Housing Element to expand the provision of housing for lower and moderate-income households, elderly residents and others with special housing needs;

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Exhibit “D”: Dinuba Zoning Ordinance
Chapter 45: Special Uses and Standards
45-62

4. Establish requirements for resale and rental controls to ensure that units remain affordable for at least 30 years or such other term as required by the City, consistent with State law; and

5. Nothing in this Article shall be construed as a provision for inclusionary zoning where an applicant is required to provide housing affordable to moderate, low, and very low-income households as a condition of approval for a residential development.

B. Other Regulations and Adopted Plans

1. State Law Governs. The provisions of this section shall be governed by the requirements of California Government Code Section 65915.

Where conflict may occur between the provisions of this section and State law, the State law shall govern.

2. Effect of Granting a Density Bonus. The granting of a density bonus shall not, in and of itself, require a General Plan amendment, zoning change, or other discretionary approval.

3. Land Use Compatibility. When located within the Airport Influence Area (AIA) of any of the operative airport plans, applications for a density bonus project and/or an incentive as authorized by this section shall be subject to the provisions of the adopted land use compatibility policies for residential development established by each plan for noise, airspace protection, safety, and nuisance.

C. Applicability
The bonuses under this article are applicable to the following projects:

1. General residential projects of five or more units.

2. Senior housing projects of more than 35 units.

D. Density Bonuses
Pursuant to California Government Code Section 65915, the City shall grant a density bonus over the otherwise allowable maximum residential density permitted by this Ordinance, the General Plan, or operative plans, and one or more additional concessions or incentives, consistent with California Government Code Section 65915 and this section, if the applicant applies for and proposes to construct any one of the following:

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Exhibit “D”: Dinuba Zoning Ordinance
Chapter 45: Special Uses and Standards
45-63

1. Very Low Income Units.
a. A density bonus of 20 percent if five percent of the total units of a housing development are affordable to very low-income households, as defined in California Health and Safety Code Section 50105.
b. For each additional one percent increase above five percent in the proportion of units affordable to very low-income
households, the density bonus shall be increased by 2.5 percent, not to exceed the maximum density bonus as put forth in Section 17.45.250.D.8.

2. Lower Income Units.
a. A density bonus of 20 percent if 10 percent of the total units of a housing development are affordable to lower income
households, as defined in California Health and Safety Code Section 50079.5.
b. For each additional one percent increase above 10 percent units affordable to lower income households, the density bonus shall be increased by 1.5 percent, not to exceed the maximum density bonus as put forth in Section 17.45.250.D.8.

3. Senior Citizen Housing Development. A density bonus of 20 percent if a housing development qualifies as a Senior Citizen Housing Development, as defined in California Civil Code Section 51.3.

4. Moderate Income Units in Condominium and Planned Use Developments.
a. A density bonus of five percent if 10 percent of the total dwelling units in a condominium project, as defined in
Subdivision (f), or in a Planned Development as defined in Subdivision (k) of Section 1351 of the California Civil Code, are affordable to persons and families of moderate income, as defined in Section 50093 of the California Health and Safety Code.
b. For each additional one percent increase above 10 percent units affordable to moderate income households, the density bonus shall be increased by one percent, not to exceed the maximum density bonus as put forth in Section 17.45.250.D.8.

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Exhibit “D”: Dinuba Zoning Ordinance
Chapter 45: Special Uses and Standards
45-64

5. Conversion of Apartments to Condominiums.
a. A density bonus of 25 percent if at least 33 percent of the total units of the proposed condominium project are affordable to persons of low or moderate income as defined in California Health and Safety Code Section 50093, or if 15 percent of the total units of the condominium project are affordable to lower income households as defined by California Health and Safety Code Section 50079.5.
b. Apartments that have already been granted a density bonus are ineligible for a density bonus under this section.

6. State Childcare Facility Density Bonus. When an applicant proposes to construct a housing development that conforms to the requirements of the State Density Bonus Law and includes a childcare facility other than a family day care home that will be located on the premises of, as part of, or adjacent to, the project, the City shall grant one of the following:
a. Additional Density Bonus. A density bonus of additional residential units equal in gross square footage to the amount of square footage of the childcare facility.
b. Additional Concession or Incentive. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility. c. Length of Operation. The childcare facility remains in operation for a period of time that is as long as, or longer than the length of time during which the affordable housing units must remain affordable.

7. Land Donation.
a. Basic Requirements. When an applicant for a residential development such as a subdivision map or special permit donates land to the City in accordance with this section, a density bonus of 15 percent shall be granted if at least 10 percent of the units are for very low-income households. For each additional one percent increase above 10 percent units affordable to very low-income households, the density bonus shall be increased by one percent, up to a maximum of 35 percent of the maximum allowable residential density for the site.

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Exhibit “D”: Dinuba Zoning Ordinance
Chapter 45: Special Uses and Standards
45-65
i. This density bonus shall be in addition to any increase in density allowed by this section, the combination of
which shall not exceed 35 percent, unless approved with good cause by the Director pursuant to this section.
b. Additional Requirements. The density bonus for donation of land may be granted if all of the following conditions are met:
i. The applicant donates and transfers the land to the City or to a housing developer approved by the City. The
transfer shall be complete (deed recorded) prior to the recordation of a subdivision map or approval of a
Special Permit.
ii. The transferred land is at least one acre in size or of sufficient size to permit the development of at least 40 dwelling units.
iii. The land has the appropriate General Plan designation and zoning for the development at the density described in paragraph (3) of subdivision (c) of California
Government Code Section 65583.2.
iv. Is or will be served by adequate public facilities and infrastructure; and has all permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred
land, not later than the date of approval of the final
subdivision map, parcel map or Special Permit, except
that the local government may subject the proposed
development to subsequent design review if its design is not reviewed by the City prior to the time of transfer. v. The transferred land and the affordable units shall be subject to a deed restriction ensuring continued
affordability of the units consistent with this section recorded at time of transfer.
vi. The transferred land shall be within the boundary of the proposed development or within one-quarter mile of
the subject site, if acceptable to the Director.

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Exhibit “D”: Dinuba Zoning Ordinance
Chapter 45: Special Uses and Standards
45-66

8. Maximum Density Bonus.
a. Mixed-Use Districts. No maximum.
b. Other Districts. A density bonus over 35 percent may be approved at the discretion of the Review Authority.

9. Calculation of Density Bonus Units. When calculating the number of permitted density bonus units, all fractional units shall be rounded to the next higher whole number. The applicant who requests a density bonus for a project that meets two or more of the eligibility requirements shall specify whether the bonus shall be awarded on the basis of Sections 17.45.250.A through F. The density bonus shall not be included when determining the number of target units to be provided in a development project.

10. Optional Density Bonus. The City may grant a proportionally lower density bonus and/or provide concessions and/or incentives set forth in Section 17.45.250.E, Affordable Housing Concessions and Incentives, if an applicant agrees to construct a development containing less than the percentage of housing for lower or very low income households than provided in this section.

E. Affordable Housing Concessions and Incentives

1. Number of Incentives or Concessions. Pursuant to California Government Code Section 65915, an applicant is entitled to receive incentives and/or concessions as follows. The applicant who requests incentives or concessions for a mixed-income project shall specify whether the incentives or concessions shall be awarded on the basis of one or more of the points below.
a. One incentive or concession for projects that include:
i. At least 10 percent of the total units for lower income households.
ii. At least five percent for very low-income households; or iii. At least 10 percent for persons and families of moderate income in a condominium or planned development.
b. One incentive or concession for senior citizen housing developments; or

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Exhibit “D”: Dinuba Zoning Ordinance
Chapter 45: Special Uses and Standards
45-67
c. Two incentives or concessions for projects that include; i. At least 20 percent of the total units for lower income households.
ii. At least 10 percent for very low income households; or iii. At least 20 percent for persons and families of moderate income in a condominium or planned development; or
d. Three incentives or concessions for projects that include:
i. At least 30 percent of the total units for lower income households;
ii. At least 15 percent for very low-income households; or iii. At least 30 percent for persons and families of moderate income in a condominium or planned development.

2. Proposal of Incentives and Findings. An applicant may propose specific incentives or concessions pursuant to this section and State law. In addition to any increase in density to which an applicant is entitled, the City shall grant one or more incentives and/or concessions that an applicant requests, up to the maximum number of incentives and concessions required pursuant to Section 17.45.250.E.1 unless the City makes a written finding that either:
a. The concession or incentive is not necessary in order to provide the proposed targeted units, or
b. The concession or incentive would have a specific adverse impact that cannot be feasibly mitigated on public health and safety or the physical environment or any property that is listed in the California Register of Historical Resources.

The applicant may propose, and the City may approve
additional incentives and concessions for an eligible project that provides targeted units that meet two or more of the eligibility requirements based on a written finding that the additional incentives or concessions are necessary in order to make the project economically feasible.

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Exhibit “D”: Dinuba Zoning Ordinance
Chapter 45: Special Uses and Standards
45-68

3. Types of Affordable Housing Incentives. Affordable housing incentives may consist of any combination of the items listed below:
a. Modification of Development Standards. Up to 20 percent in modification of site development standards or zoning code requirements, including, but not limited to:
i. Reduced minimum lot sizes and/or dimensions.
ii. Reduced minimum building setbacks and building
separation requirements, excluding back up treatment
for off-street parking spaces.
iii. Reduced minimum outdoor and/or private usable open space requirements.
iv. Increased maximum lot coverage.
v. Increased maximum building height.
b. Reduced Parking. Upon the applicant's request, the following maximum parking standards, inclusive of handicapped and guest parking, shall apply to the entire project. Further reductions in required parking may be requested as one of the incentives allowed under Section 17.45.250.E.1.
i. Standard Reduction.
(1) 0.5 on-site space for studio units.
(2) 0.75 on-site space for one- or two-bedroom units.
(3) One on-site space for three or more bedrooms;
and
(4) Guest parking shall be provided per the
underlying district.
ii. Transit-Serviced Developments. When a development is located within one-half mile of a major transit stop and there is unobstructed access to the stop, the following maximum parking ratios apply. For Senior and Special
Needs Housing, the development shall have either
paratransit service or unobstructed access, within onehalf mile, to fixed bus route service that operates at

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Chapter 45: Special Uses and Standards
45-69
least eight times per day. For purposes of this section, "unobstructed access" means that a resident is able to
access the stop without encountering natural or
constructed impediments.
(1) Mixed Income Developments. If the project
dedicates 20 percent of the total units for lower
income households and 11 percent of the total
units for very low-income households, then the
maximum required parking ratio shall be 0.5
spaces per bedroom.
(2) One-Hundred Percent Affordable Developments.

For projects that consist solely of rental units,
exclusive of a manager's unit or units, with an
affordable housing cost to lower income families,
the maximum parking ratios shall be as follows:
(a) Senior Housing. If the development is a
for-rent housing development for
individuals who are 62 years of age or
older that complies with Sections 51.2 and

51.3 of the California Civil Code, the ratio
shall not exceed 0.5 spaces per unit.
(b) Special Needs Housing. If the
development is a special needs housing
development, as defined in Section 51312
of the California Health and Safety Code,
the ratio shall not exceed 0.3 spaces per
unit.
(c) All Other Housing. 0.5 spaces per unit.
c. Mixed-Use Zoning. Approval of mixed-use zoning in
conjunction with the housing project if commercial,
office, industrial, or other land uses will reduce the cost of the housing development and such uses are
compatible with the housing project and the
surrounding area.
d. Other Incentives. Other regulatory incentives or
concessions proposed by the developer or the City that
result in identifiable cost reductions or avoidance.

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Exhibit “D”: Dinuba Zoning Ordinance
Chapter 45: Special Uses and Standards
45-70
F. Application Requirements
An application shall be submitted by an applicant and shall contain the information as outlined by the Director.

G. Affordable Housing Standards

1. Duration of Affordability. All affordable housing units shall be kept affordable for a minimum period of 30 years or a longer period as required by the financing assistance or subsidy program or the City, consistent with State law.

2. Timing of Availability. Affordable housing units shall be constructed concurrently with and made available for qualified occupants at the same time as the market-rate housing units within the same project unless both the City and the developer agree to an alternative schedule for development.

3. Design. The mix and type of affordable units shall be proportionate to those of the project as a whole (with the exception that premium units—e.g., penthouses, top floor view units—shall not be required to be affordable units), and shall be comparable with the design of the base level market rate units prior to purchaser-funded upgrades in terms of appearance, materials, and finished quality.

4. Parking. Parking designated for affordable units shall be provided in an equitable manner as that provided for the market rate units.

5. Location. Wherever feasible, affordable units shall be dispersed throughout the development.

H. Regulatory Agreement
The City shall enter into a recorded agreement in the form of a covenant with property owner, and take other appropriate steps necessary to assure that the required moderate, low and/or very low-income ownership units are provided and that the units remain affordable to moderate, low, or very low income households for the required period. This agreement shall include, but is not limited to, the following:

1. Number of Units. The total number of units approved for the projects, including the number of affordable housing units.

2. Target Units. The location, unit sizes (in square feet) and number of bedrooms of the affordable housing units.

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Chapter 45: Special Uses and Standards
45-71

3. Household Income Group. A description of the household income groups to be accommodated by the project and a calculation of the Affordable Sales Price.

4. Certification Procedures. The party responsible for certifying sales prices or annual rental rates, and the process that will be used for certification.

5. Schedule. A schedule for the completion and occupancy of the affordable housing units.

6. Required Term of Affordability. Duration of affordability of the housing units. Provisions should also cover resale control and deed restrictions on targeted housing units that are binding on property upon sale or transfer.

7. Expiration of Agreement. Provisions covering the expiration of the agreement, including notice prior to conversion to market-rate units and right of first refusal option for the City and/or the distribution of accrued equity for for-sale units.

8. Remedies for Breach. A description of the remedies for breach of the Agreement by either party.

9. Other Provisions. Other provisions to ensure implementation and compliance with this article.

10. Condominium and Planned Developments. In the case of condominium and planned developments, the Regulatory Agreement shall provide for the following conditions governing the initial resale and use of affordable housing units:
a. Target units shall, upon initial sale, be sold to eligible Very Low, Lower, or Moderate-Income Households at an
Affordable Sales Price and Housing Cost, or to Qualified Residents as defined by this Ordinance.
b. Target units shall be initially owner-occupied by eligible Very Low- or Lower-Income Households.
c. Upon resale, the seller of a target unit shall retain the value of any improvements, the down payment, and the seller's
proportionate share of appreciation. The City shall recapture its proportionate share of appreciation, which shall be used to

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Exhibit “D”: Dinuba Zoning Ordinance
Chapter 45: Special Uses and Standards
45-72
promote home ownership opportunities as provided for in California Health and Safety Code Section 33334.2. The City's proportionate share shall be equal to the percentage by which the initial sale price to the targeted household was less than the fair market value of the dwelling unit at the time of initial sale.

11. Rental Housing Developments. In the case of rental housing developments, the Regulatory Agreement shall provide for the following conditions governing the use of Target Units during the use restriction period:
a. The rules and procedures for qualifying tenants, establishing affordable rent rates, filling vacancies, and maintaining Target Units for qualified tenants.
b. Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this article.
c. Provisions requiring owners to submit an annual report to the City, which includes the name, address, and income of each person occupying Target Units, and which identifies the bedroom size and monthly rent or cost of each Target Unit.

12. Recordation of Agreement. The agreement shall be recorded with the Tulare County Recorder's Office and shall run with the property. The agreement shall conform to the provisions of California Government Code Sections 65864 to 65869.

I. Enforcement

1. The provisions of this article shall apply to all agents, successors, and assignees of an applicant for development of the site. No building permit or occupancy permit shall be issued, nor any development approval granted, which does not meet the requirements of this article.

2. In addition to, or in lieu of, the provisions of Section 17.45.250.H, the City shall institute injunction, mandamus, or any other appropriate legal actions or proceedings for the enforcement of this article.

3. Any person, firm, or corporation, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this article, shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable for each offense by a fine of not

Page 705 of 1180 ends

Exhibit “D”: Dinuba Zoning Ordinance
Chapter 45: Special Uses and Standards
45-73
more than $500.00, or by imprisonment in the County Jail for a term not exceeding six months, or by both fine and imprisonment. Such person, firm, or corporation shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this article is commenced, continued, or permitted by such person, firm, or corporation, and shall be punishable as provided herein.

J. Definitions
Whenever the following terms are used in this article, they shall have the meaning established by this section:

1. “Additional Incentive(s)”. Regulatory concessions as specified in California Government Code Section 65915(k) to include, but not be limited to, the reduction of site development standards or Zoning Ordinance requirements, approval of mixed-use zoning in conjunction with the housing project, or any other regulatory incentive which would result in identifiable cost reductions that are offered in addition to a density bonus.

2. “Affordable Housing”. Housing units that are affordable to families with very low, low, or moderate incomes.

3. “Affordable Housing Agreement”. A legally binding agreement between a developer and the City to ensure that the requirements of this section are satisfied. The agreement establishes, among other things, the number of required inclusionary or affordable housing units, the unit sizes, location, affordability tenure, terms, and conditions of affordability and unit production schedule.

4. “Affordable Unit, For Rent”. A unit for which the total monthly rent plus utilities does not exceed the following:
a. “Moderate Income Households”. 30 percent of 110 percent of the Tulare County median income.
b. “Lower Income Households”. 30 percent of 60 percent of the Tulare County median income.
c. “Very Low Income Households”. 30 percent of 50 percent of the Tulare County median income.

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Exhibit “D”: Dinuba Zoning Ordinance
Chapter 45: Special Uses and Standards
45-74

5. “Affordable Unit, For Sale”. A unit for which the total monthly payment including interest, taxes, insurance, and utilities does not exceed the following:
a. “Moderate Income Households”. 35 percent of 110 percent of the Tulare County median income.
b. “Lower Income Households”. 30 percent of 70 percent of the Tulare County median income.
c. “Very Low Income Households”. 30 percent of 50 percent of the Tulare County median income.

6. “Conversion”. The change of status of a dwelling unit from a purchased unit to a rental unit or vice versa.

7. “Density Bonus”. A minimum increase in the number of dwelling units authorized for a particular parcel of land over the otherwise maximum residential density.

8. “Density Bonus Dwelling Units”. Those residential units granted pursuant to the provisions of this article which are above the maximum allowable residential density of the project site.

9. “Financial Assistance”. Assistance to include, but not be limited to, the subsidization of fees, infrastructure, land costs, or construction costs, the use of redevelopment set-aside funds, community development block grant (CDBG) funds, or the provision of other direct financial aid in the form of cash transfer payments or other monetary compensation, by the City of Dinuba.

10. “Housing Costs”. Defined in accordance with Section 50052.5 of the California Health and Safety Code and shall generally mean the monthly mortgage principal and interest, property taxes and assessments, homeowners insurance, homeowner association fees where applicable, an allowance for utilities and property maintenance and repairs, for ownership dwelling units; and the monthly rent, and allowance for utilities, fees, or service charges charged to all tenants, for rental dwelling units.

11. “Income Eligibility”. The gross annual household income, considering the household size and number of dependents, income of all wage earners, elderly or disabled family members and all other sources of household income. For self-employed households, net annual household income shall be used in determining income eligibility.

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Exhibit “D”: Dinuba Zoning Ordinance
Chapter 45: Special Uses and Standards
45-75

12. “In-Lieu Incentives”. Incentives offered by the City, which are of equivalent financial value based upon the land cost per dwelling unit(s), that are offered in-lieu of density bonus and additional incentives.

13. “Income”. Any monetary benefits that qualify as income in accordance with the criteria and procedures used by the City of Dinuba.

14. “Income Levels”. For purposes of determining income levels of households under this article, the City shall use the Tulare County income limits in Title 25, Section 6932 of the California Code of Regulations or other income limits adopted by the City Council if the State Department of Housing and Community Development fails to provide timely updates of the income limits in the California Code of Regulations.

15. “Lower Income Household”. Low-income household whose gross income does not exceed 80 percent of the area median income for Tulare County as determined annually by the U.S. Department of Housing and Urban Development.

16. “Major Transit Stop”. A site containing an existing rail transit station or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods. This definition shall additionally include all major transit stops designated in the applicable regional transportation plan. (California Public Resources Code § 21155 and § 21064.3).

17. “Market-Rate Unit”. A dwelling unit where the rental rate or sales price is not restricted either by this article or by requirements imposed through other local, State, or federal affordable housing programs.

18. “Maximum Allowable Residential Density”. The maximum residential density allowed under this Ordinance and the General Plan, or if a range of density is permitted, the maximum allowable density for the specific zoning range and General Plan applicable to the project.

19. “Median Income”. The median income earned by a household or family, adjusted by size, as published by U.S. Department of Housing and Urban Development.

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Exhibit “D”: Dinuba Zoning Ordinance
Chapter 45: Special Uses and Standards
45-76

20. “Moderate Income Household”. A household whose gross income is more than 80 percent but does not exceed 120 percent of the median income for Tulare County as determined annually by the U.S.

Department of Housing and Urban Development.

21. “Offsets”. Concessions or assistance to include, but not be limited to, direct financial assistance, density increases, standards modifications or any other financial, land use, or regulatory concession which would result in an identifiable cost reduction enabling the provision of affordable housing.

22. “Operating Agent”. A nonprofit organization, for-profit corporation, County or City agency chosen by the City to carry out some or all of the administrative provisions of this article.

23. “Project”. A housing development at one location including all dwelling units for which permits have been applied for or approved within a 12 month period.

24. “Qualifying Resident”. Persons 62 years of age or older, or 55 years of age or older in a residential development developed, substantially rehabilitated, or substantially renovated for senior citizens that has at least 35 dwelling units, and as defined in Section 51.3 of the California Civil Code.

25. “Senior Citizen Housing Development”. A residential development consisting of at least 35 dwelling units which is developed for or substantially rehabilitated or renovated for persons 55 year of age or older.

26. “Target Dwelling Unit”. A dwelling unit that will be offered for rent or sale exclusively to and which shall be affordable to the designated income group or qualified resident, as required by this article.

27. “Very Low-Income Household”. A household whose gross income does not exceed 50 percent of the area median income for Tulare County as determined annually by the U.S. Department of Housing and Urban Development.

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EXHIBIT “F”
53-1
Site Plan Review

17.55.010 Purpose

17.55.020 Applicability

17.55.030 Exemptions

17.55.040 Relationship to Design Guidelines

17.55.050 Application and Fee

17.55.060 Action of the Community Development Director

17.55.070 Report and Findings

17.55.080 Street Dedication and Improvements

17.55.090 Building Permit

17.55.100 Lapse of Site Plan

17.55.110 Revocation

17.55.120 Site Plan to Run With the Land

17.55.010 Purpose
The purpose of the site plan/design review process is to enable the City of Dinuba to make a finding that a proposed development project is in conformity with the intent and provisions of this Ordinance and to guide the building department in the issuance of building permits.

The site plan/design review process is intended to ensure that development constructed in Dinuba meets good urban design standards, does not have an adverse impact on neighboring properties, does not negatively impact the public health, safety and welfare, and produces a development that will enhance the image and marketability of Dinuba.

17.55.020 Applicability
The following project types shall be subject to obtaining a Site Plan Review permit prior to a building permit and construction:

1. All new multiple-family residences;
C H A P T E R 55
25'

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Exhibit “F”: Dinuba Zoning Ordinance
Chapter 55: Site Plan and Design Review
55-2

2. All additions to existing multiple-family residences;

3. All renovations to multiple-family residences which involve facade or exterior work;

4. All new commercial construction and also exterior renovations to commercial buildings;

5. All new industrial construction and also exterior renovations to industrial buildings.

17.55.030 Exemptions
The following uses shall be exempt from Dinuba’s site plan/design review process:
a. Single family dwellings.
b. Open space uses that do not require a building permit. c. The establishment of a new use on a previously-developed site where no new construction is proposed (however such uses may be subject to a Conditional Use Permit).
c. Incidental and accessory structures.
d. Various public and private utility and infrastructure improvements. f. Existing uses that were originally permitted through the Site Plan Review process whose building area (or active use area) is being increased by less than 25 percent g. Other uses that the Planning Director determines not to require site plan/design review because it would not further the objectives of this chapter, including temporary use permits, minor building and site improvements and in home care facilities that cater to the elderly or disabled.

17.55.040 Relationship to Design Guidelines
In addition to the requirements for Site Plan Review outlined in this chapter, all development projects shall also be subject to conformance with the City of Dinuba’s Design Guidelines as applicable for commercial, industrial, multi-family residential and neighborhood design.

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Exhibit “F”: Dinuba Zoning Ordinance
Chapter 55: Site Plan and Design Review
55-3

17.55.050 Application and Fee
An application for a site plan/design review permit shall be made to the Planning Department on a form prescribed by the Department. The application shall be accompanied by a fee set by resolution of the City Council. Uses that require a conditional use permit shall not be required to pay for a site plan/design review permit because the fee would be covered by the fee for a conditional use permit. The information requirements listed below will be required of applicants, and the application shall include the following information:
a. Name and address of applicant.
b. Statement that the applicant is the owner of the property or is the authorized agent of the owner.
c. An accurate scale drawing of the site and the surrounding area for a distance of at least 100 feet from each boundary of the site showing the existing locations of streets and property lines.
d. Preliminary floor plans and front, side and rear architectural elevations of the proposed structures, along with renderings showing proposed colors and materials of the structures and improvements.
e. A site plan , drawn to scale, which shall show the following:

1. Lot and building dimensions.

2. All buildings and structures: location, size, height, and proposed use.

3. Yards and space between buildings.

4. Walls and fences: location, height and materials.

5. Off-street parking and loading: location, number of spaces, dimensions of spaces, and internal circulation pattern.

6. Access: pedestrian, vehicular and service: points of ingress and egress.

7. Signs: location, size, height, and type of illumination.

8. Lighting: location and general nature.

9. Trash enclosures.

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Exhibit “F”: Dinuba Zoning Ordinance
Chapter 55: Site Plan and Design Review
55-4

10. Street dedication and improvements.

11. Grading and drainage plan.

12. Landscaping and irrigation: location and type.

17.55.060 Action of the Community Development Director

1. Within thirty days after submission, the director, on behalf of the city, shall review the site plan to determine compliance with this title. If it is determined that the site plan cannot be approved without granting a variance or use permit, or amending this title, the applicant shall be notified in writing and no action on the site plan shall take place until proper application for a variance, use permit or amendment has been filed and acted upon as prescribed by this title.

2. The director may require the submittal of additional information or revised plans.

Within thirty days from the receipt of an application the applicant shall be notified in writing of any revisions or additional information required and shall submit such information. Failure to submit required information may be cause for site plan disapproval.

3. Once the application is determined to be complete, the director shall refer the application to the Design Review Committee (DRC (composed of appropriate department heads and service providers, including but not limited to the city engineer, public works director, building official, fire chief, police chief, solid waste provider, school district and other individuals or representatives who may be affected or otherwise have an interest in the project)). These individuals and agencies shall submit comments and questions to the director, who, based on these comments, may request revisions to the site plan or additional information as appropriate.

4. Within thirty days after the acceptance of the completed site plan, the director shall approve, approve with conditions or disapprove the site plan.

5. In making their determination, the director shall consider and, when appropriate, make findings consistent with Section 17.55.070. In making these findings, the director shall determine that approvals will be consistent with established legislative policies relating to traffic safety, street dedications and street improvements, environmental quality, and to zoning, fire, police, building and health codes.

6. In reaching a determination with regard to a site plan review, the director shall state those conditions which he has determined are necessary to protect the public health, safety and general welfare of the community and those conditions as may

Page 713 of 1180 ends

Exhibit “F”: Dinuba Zoning Ordinance
Chapter 55: Site Plan and Design Review
55-5
be required by the city municipal code or any federal, state or other local law, rule, regulation or court decision in accordance with this section.

7. All conditions of site plan approval shall be fully complied with prior to the issuance of any certificate of occupancy. It is unlawful for any person to construct, occupy or maintain any building, facility or site without fully complying with all of the conditions of site plan approval or any other applicable requirement of this chapter.

8. The director’s decision shall be final unless appealed to the planning commission. Appeals shall be processed in accordance with Chapter 17.63 (Appeals).

9. When, in the opinion of the director, the site plan submitted is of such consequence, magnitude or involves potential public controversy, the director may refer such to the planning commission for public hearing. The referral shall be placed on the agenda of the next available planning commission meeting following the director’s decision.

10. The approved site plan, with any conditions shown thereon or attached thereto, shall be dated and signed by the director, with one copy mailed to the applicant and one copy filed with the building official.

11. Revisions by the applicant to an approved site plan shall be resubmitted in the manner required for drawings first submitted. Minor modifications, as determined by the director, shall be approved as a change to the site plan. Any other change shall be processed as an original filing.

17.55.070 Report and Findings
In making their decision, the director shall prepare a report on the site plan/design review permit application based on their analysis of the project and also recommendations of the Design Review Committee. This report shall be forwarded to the applicant and their agent. The findings shall include the following:
a. That the location of the proposed use is in accordance with the purpose and objectives of this Ordinance and the purposes of the district in which the subject site is located.
b. That the design of buildings and other improvements complies with applicable Design Guidelines for the zone in which the project is located. c. That the location of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public interest, health,

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Exhibit “F”: Dinuba Zoning Ordinance
Chapter 55: Site Plan and Design Review
55-6
safety, convenience or welfare, or be materially injurious to properties or improvements in the vicinity.
d. That the proposed use will not have a significant impact on the environment, or that any significant impacts have been acknowledged.
e. That the proposed use will comply with applicable provisions contained in this Ordinance.
f. That the proposed use is consistent with the Dinuba General Plan. g. That the site for the proposed use is adequate in size, shape and location to accommodate the use for which it is proposed.
h. That the use will not have a significant impact on the environment.

Satisfaction of this finding shall be solely predicated upon adopted CEQA thresholds of significance.

17.55.080 Street Dedication and Improvements
In addition to the conditions detailed in the Director’s resolution, changes in the neighborhood that would result from traffic generated by the development undergoing site plan/design review may require land dedication and/or street improvements. Should the Director find that approval of the proposed development combined with existing traffic in and near the subject property warrant road improvements along the subject property, the Commission may require conditions as follows:
a. The applicant shall dedicate necessary right-of-way along the subject property adequate to facilitate the installation of roadway improvements consistent with Dinuba’s Circulation Element and Improvements Manual.
b. The applicant shall install roadway improvements, including curbs, gutters, sidewalks and street paveout, along the subject property that are consistent with Dinuba’s Circulation Element and Improvements Manual. These improvements may extend off site for purposes of ensuring safe traffic circulation, effective storm drainage, or pedestrian safety.
c. The applicant shall install non-roadway improvements within the roadway rightof-way, including street signs, street lights, street trees and bus stops.

All improvements shall be constructed and installed to city standards and shall be installed at the time of development. Where it is determined by the Director that it is impractical to install certain or all improvements at the time of development, an agreement to make such improvements may be accepted in lieu thereof. In the event of

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Exhibit “F”: Dinuba Zoning Ordinance
Chapter 55: Site Plan and Design Review
55-7
such an arrangement, the applicant shall enter into an agreement with Dinuba for the installment of improvements before a building permit is issued. The applicant shall deposit money with the City of Dinuba or post a bond with the City in the amount determined by the City Engineer to guarantee the installation of said improvements.

17.55.090 Building Permit
Before a building permit shall be issued for any building or structure proposed as part of a site plan/design review, the Chief Building Official shall find that the proposed building location and size, facilities and improvements are in conformance with the site plan/design review and conditions approved by the Community Development Director.

17.55.100 Lapse of Site Plan
Site plan/design review approval shall lapse and shall become void one year following the date on which it was approved unless, prior to expiration of one year, a building permit has been issued by the Chief Building Official and construction has commenced.

Alternatively, the applicant may request a one-year extension of the Site Plan by submitting a letter to the Community Development Director that justifies the extension.

Extensions may be requested up to three times.

17.55.110 Revocation
Upon violation of any conditions of an approved site plan, said site plan may be revoked and building permits associated with an approved site plan shall be suspended. Within 30 days of the revocation and suspension, the City Council shall consider the matter. If not satisfied that the regulation, general provision, condition or conditions are being complied with, the City Council may revoke the site plan and/or building permit and take action as may be necessary to ensure compliance.

17.55.120 Site Plan to Run With the Land
A site plan shall run with the land and shall continue to be valid upon change of ownership of the property or building which was the subject of a site plan application.

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Exhibit “F”: Dinuba Zoning Ordinance
Chapter 55: Site Plan and Design Review
55-8
Exhibit 55-1: Site Plan Review Process
Applicant submits application.

Staff reviews application to determine whether it is complete and notifies applicant of any additional items necessary.

Once the Director has determined the applicant has responded satisfactorily to all comments, within fifteen days the Director shall approve, deny or approve the application with conditions The decision of the Director is final unless appealed to the Planning Commission. If appealed, the matter will be considered by the Commission at the next regularly scheduled meeting. Any decision of the Planning Commission may be appealed to the City Council, who will consider the matter at its next regularly-scheduled meeting. Any decision of the Council is final.

Once deemed complete, the Director refers the application to the Design Review Committee (DRC). Members of the DRC shall provide comments and questions that are forwarded to the applicant for response or revisions to the site plan.

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EXHIBIT “G”
57-1
Conditional Use Permits
Sections

17.57.010 Purpose

17.57.020 Application and Fee

17.57.030 Hearings and Notice

17.57.040 Review and Public Hearing Notice

17.57.050 Report and Findings

17.57.060 Action of the Planning Commission

17.57.070 Conditions

17.57.080 Lapse of Conditional Use Permit

17.57.090 Extension of Conditional Use Permit

17.57.100 Revocation

17.57.110 New Application

17.57.120 Use Permit to Run with the Land

17.57.130 Preexisting Conditional Use Permits

17.57.140 Temporary Conditional Use Permits

17.57.010 Purpose
The purpose of this chapter is to establish procedures for processing Conditional Use Permits and temporary use permits. Certain uses listed in districts in this Ordinance are permitted subject to receiving a Conditional Use Permit. Because of their unusual characteristics, or unique area in which they are proposed, these uses require special consideration so that they may be located properly with respect to the purpose and objectives of this Ordinance and with respect to their effects on surrounding properties.

17.57.020 Application and Fee
An application for a Conditional Use Permit shall be made to the Planning Department on a form prescribed by the Department. The application shall be accompanied by a fee set by resolution of the City Council.

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Exhibit “G”: Dinuba Zoning Ordinance
Chapter 57: Conditional Use Permits
57-2

17.57.030 Hearings and Notice
Upon receipt of a Conditional Use Permit application and making a determination that the application is complete and meets City standards, the Planning Department shall prepare a notice for a public hearing consistent with the requirements contained in Section 17.5 (Public Hearings). The application shall include the following information:
a. Name and address of applicant.
b. Statement that the applicant is the owner of the property, or is the authorized agent of the owner.
c. A site plan, drawn to scale, which shall show the following:

1. Lot and building dimensions.

2. All buildings and structures: location, size, height, and proposed use.

3. Yards and space between buildings.

4. Walls and fences; location, height and materials.

5. Off-street parking and loading: Location, number of spaces, dimensions of spaces, and internal circulation pattern, consistent with standards contained in Section 17.49 (Parking and Loading).

6. Access: pedestrian, vehicular and service. Points of ingress and egress.

7. Signs: location, size, height, and type of illumination, consistent with standards contained in Section 17.51 (Signs and Advertising).

8. Lighting: location and general nature.

9. Street dedication and improvements.

10. Landscaping and irrigation: location and type, consistent with standards contained in Section 17.47 (Landscaping and Irrigation). d. Where new construction or significant remodeling is proposed, preliminary floor plans and front, side and rear elevations of the proposed structures.

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Exhibit “G”: Dinuba Zoning Ordinance
Chapter 57: Conditional Use Permits
57-3

17.57.040 Review and Public Hearing Notice
Upon receipt the Planning Director shall review the application and determine whether it is complete, and shall notify the applicant of any discrepancies or additional information required to properly analyze the request. The Planning Director shall also make a determination regarding any review of potential environmental impacts associated with the project, as required by the California Environmental Quality Act.

The Planning Director shall then make an investigation of the application and shall prepare a report thereon which shall be submitted to the Planning Commission, including a recommendation as to the action to be taken by the Planning Commission and a statement supporting such recommendations.

17.57.050 Report and Findings
The Planning Department shall prepare a report on the Conditional Use Permit application that provides a recommendation based on the following findings. a. That the use is compatible with the zone district in which it is proposed. b. That the use is compatible with the general plan adopted for the subject site. c. That the development and operation of the use will comply with applicable zoning ordinance regulations
d. That the use will not have a significant impact on the environment.

Satisfaction of this finding shall be solely predicated up adopted CEQA thresholds of significance.
e. That the site for the proposed site is adequate in size, shape and location to accommodate the use the district for which it is proposed. a. That the location of the proposed use is in accordance with the purpose and objectives of this Ordinance and the purpose of district in which the subject site is located.
b. That the location of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to properties or improvements in the vicinity.
c. That the proposed use will not have a significant impact on the environment, or that any significant impacts will be mitigated or acknowledged. d. That the proposed use will comply with applicable provisions contained in this Ordinance.

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Exhibit “G”: Dinuba Zoning Ordinance
Chapter 57: Conditional Use Permits
57-4
e. That the proposed use is consistent with the Dinuba General Plan.

17.57.060 Action of the Planning Commission
The Planning Commission shall conduct a public hearing for the proposed Conditional Use Permit, consistent with the procedure established in Chapter 17.5 (Public Hearings).

Following the public hearing, the Planning Commission shall take action on the Conditional Use Permit. The Commission can approve, approve with conditions or deny the Conditional Use Permit based on the finding listed above. The Commission's decision is final unless appealed to the City Council, consistent with the procedure established in Chapter 17.63 (Appeals).

Within 10 days of adopting a resolution on the Conditional Use Permit, the Commission shall transmit a copy of its resolution to the applicant.

17.57.070 Conditions
The Planning Commission can approve a Conditional Use Permit subject to conditions.

Conditions may involve the operation of the use, maintenance of the property or specific aspects associated with the development, including storage and display of goods, grading, surface and drainage improvements; vehicular ingress and egress; parking and loading; landscaping and irrigation and maintenance thereof; regulation of light, vibration, odors, and noise; appearance of buildings, grounds, signs, and other structures; street dedication and improvements; and hours of operation. In cases where certain improvements may be phased over time, Dinuba may request a bond or monetary deposit to ensure faithful performance on the part of the applicant. The value of the bond or deposit shall be determined by the City Engineer.

Conditions set forth for a Conditional Use Permit can only be required in order to achieve the purpose and objectives of this Ordinance. Conditions which require dedication of land for a purpose not reasonably related to the use of the property shall be prohibited.

17.57.080 Lapse of Conditional Use Permit
A Conditional Use Permit shall lapse and become void one year from the date it became effective, unless by conditions of the use permit a greater time is allowed, or unless a building permit is issued by the Chief Building Official and construction on the use has commenced.

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Exhibit “G”: Dinuba Zoning Ordinance
Chapter 57: Conditional Use Permits
57-5

17.57.090 Extension of Conditional Use Permit
A Conditional Use Permit for which no building permit or business license has been issued may be renewed in increments of one year, not to exceed three one-year extensions; provided, that prior to the one-year expiration, an application for renewal is filed with the Planning Department. The Planning Commission by resolution may approve, approve with conditions or deny the renewal application.

17.57.100 Revocation
Where the City finds that a use operating under a Conditional Use Permit is not complying with the conditions of that use permit, the operation of the use shall be suspended. Within 60 days of the suspension, the Planning Commission shall hold a public hearing on the Conditional Use Permit. Based on a report from the Planning Department, findings contained in Section 17.57.050 of this Chapter, and testimony from the public, the Commission may revoke the Conditional Use Permit with conditions that may be necessary to assure compliance with the purpose and objectives of this Ordinance. The Commission’s decision shall be final unless appealed to the City Council consistent with the requirements contained in Chapter 17.63 (Appeals).

17.57.110 New Application
Following the denial or revocation of a Conditional Use Permit, no application for the same or substantially the same Conditional Use Permit shall be filed within one year of the date of denial or revocation.

17.57.120 Use Permit to Run with the Land
A Conditional Use Permit shall run with the land and shall continue to be valid upon change of ownership of the property or structure that was the subject of the use permit application.

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Exhibit “G”: Dinuba Zoning Ordinance
Chapter 57: Conditional Use Permits
57-6
Exhibit 57-1: Conditional Use Permit Process
Planning Commission public hearing. The Planning
Commission may vote to approve or deny the
request, or may continue the hearing to receive
additional information. The decision of the
Commission is final unless appealed to the City
Council. The subject use shall be established within
one year of Commission approval unless an
extension of time is requested.

Staff prepares environmental analysis (as necessary)
as required by California Environmental Quality Act
(CEQA).

Applicant submits application.

Staff reviews application to determine whether it is
complete.

Staff prepares report to Planning Commission and
prepares notices for public hearing.

Page 723 of 1180 ends

EXHIBIT “H”
67-1
Definitions
Sections

17.67.010 Purpose

17.67.020 Objectives

17.67.030 Definitions

17.67.010 Purpose
Unless the text of this ordinance states otherwise, the following definitions shall be used in the interpretation and construction of this Ordinance. Words and phrases used in this ordinance shall be defined in Section 25-67.3 of this chapter.

17.67.020 Objectives
The objectives of this chapter are as follows:

A. Provide coherent and consistent explanation of the terms used in the Ordinance.

B. Avoid misinterpretation of the regulations, procedures, and standards as put forth in the Ordinance.

C. Introduce a common vocabulary to facilitate communication regarding the Ordinance.

C H A P T E R 67

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17.67.030 Definitions
It is noted that individual chapters within this Zoning Ordinance may have definitions within the chapter that pertain to that particular subject matter. Individual chapters with definitions include the following
• Accessory Dwelling Units
• Adult Entertainment
• Landscaping and Irrigation
• Recycling/Buyback Centers
• Signs and Advertising
• Wireless Telecommunication Equipment
“Abutting” shall mean two or more parcels sharing a common boundary of at least one point.
“Abandoned” shall mean to cease or suspend from developing or maintaining a building or use for a stated period of time.
“Access” shall mean safe, adequate, and usable ingress or egress to a property or use. “Accessory Dwelling Unit” – see Section 17.45.090 for definitions pertaining to Accessory Dwelling Units and Junior Accessory Dwelling Units. “Accessory Structure” shall mean a structure containing no kitchen or bathroom and located upon the same lot or parcel as the principal use or structure to which it is an accessory. The structure is customary, incidental, and subordinate to the use of the principal building, or the principal use of the land. All accessory structures shall be constructed with, or subsequent to, the construction of the principal structure or activation of the principal use.
“Adult Day Program” shall mean any community-based facility or program that provides care to persons 18 years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of these individuals on less than a 24-hour basis.

Adult Entertainment (see Section 17.45.110 for definitions pertaining to adult entertainment).
“Agricultural Accessory Structures” means those uses and structures customarily incidental and subordinate to the agricultural use of the land, including: barns, storage sheds, corrals, pens, fences, windmills, watering and feed troughs; the storage and use of farm implements, irrigation, and crop-protection equipment; the storage and use of fuels for heating buildings and operating farm equipment or appliances; water and waste water

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treatment facilities and systems for private uses and structures which are determined by the Planning Director to be necessary, customary, and incidental to the agricultural use of the lot or parcel. Agricultural accessory uses shall not include construction equipment storage yards.
“Agricultural Operations” means the cultivation and tillage of soil, dairying, the production, irrigation frost protection, cultivation, growing, harvesting, and processing of any agricultural commodity, including timber, viticulture, agriculture, horticulture, the raising of livestock, fur-bearing animals, fish, or poultry, and any commercial practices incidental to, or in conjunction with, such agricultural operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market. “Alley” shall mean a public way permanently reserved as a secondary means of vehicular access to abutting property.
"Amendment" shall mean a change in the working, context, or substance of this chapter, an addition or deletion or a change in the district boundaries or classifications upon the zoning map.
“Ancillary Use” shall mean a use incidental to and customarily associated with a specific principal use, located on the same lot or parcel.
“Animal Hospital” shall mean a facility where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment; the ancillary use of the premises as a kennel or a place where animals or pets are boarded for remuneration. “Annexation” shall mean the incorporation of a land area into an existing incorporated community with a resulting change in the boundaries of that community. “Antenna” shall mean any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or receiving of electromagnetic radio frequency waves, including antennas or towers used for transmitting or receiving television, radio, citizen’s band or cellular phone communication. An antenna can be affixed to or supported by a roof or exterior wall of a building or other structure or an antenna can be ground mounted, which is supported by a platform, framework, pole, or other structural system that is affixed to or placed directly on or in the ground. This definition also means associated equipment including, but not limited to cabling, generators, fans, air conditioning units, electrical panels, equipment shelters, equipment cabinets, equipment buildings, pedestals, meters, vaults, splice boxes, and surface location markers. "Applicant" shall mean a person who is required to file an application for a permit under this section.
“Arcade” shall mean a place of business having four (4) more amusement machines.

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“Area of Shallow Flooding” shall mean an area designated AO or VO AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one foot to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
"Assessor" shall mean the county assessor of the County of Tulare. “Automated Teller Machine” (ATM) shall mean a computerized, self-service machine used by banking customers for financial transactions, including deposits, withdrawals and fund transfers, without face-to-face contact with financial institution personnel. These machines may be located at or within banks, or in other locations. “Awning” shall mean a roof-like cover that is temporary in nature and that projects from the wall of a building for the purpose of shielding a door or window from the elements. “Bar/Tavern” shall mean a business where alcoholic beverages are sold for on-site consumption, which is not part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May also include beer brewing as part of a microbrewery, and other beverage tasting facilities. Does not include adult entertainment businesses. “Base Flood” shall mean a flood having a one percent chance of being equaled or exceeded in any given year (also called the “100-Year Flood”). Base flood is the term used throughout this ordinance.
“Basement” shall mean any area of the building having its floor subgraded - i.e., below ground level on all sides.
“Bed And Breakfast Inn” (B&B) means a single-family dwelling which is predominantly residential in character, containing three to six guest rooms offering overnight accommodations for rent, wherein a breakfast meal is customarily included in the lodging rate.
“Block” shall mean the properties abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, unsubdivided land or water course. “Boarding, rooming, lodging house” means a building where lodging and/or meals are provided for compensation for between seven and fifteen persons (not including residential care homes).
“Body piercing shop” means an establishment providing body piercing services, which means any method of puncturing the skin of a person by an aid of needles or other instrument designed or used to puncture the skin for the purpose of inserting jewelry or

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other objects in or through the human body. Body piercing services shall not include: (A) ear piercing services where said services are not the primary source of business; and/or (B) the use of needles for legally authorized medical procedures by a licensed acupuncturist, a certified doctor, and/or a registered nurse. "Breezeway" shall mean a roofed passageway, open on at least two (2) sides, where the roof is structurally integrated with the main building. A fence or wall not exceeding six (6) feet in height may be permitted on one side of said breezeway. “Buildable Area” shall mean the area of a lot remaining after the minimum yard and open space requirements of the zone district have been met.
“Building” shall mean any structure having a roof supported by columns or walls, for the housing or enclosure of persons, animals or chattels or property of any kind. “Building Face” shall mean the exterior surface of any building, regardless of frontage. "Building, height of" shall mean the vertical distance measured from the adjoining curb level to the highest point of the structure, exclusive of chimneys and ventilators; provided, however, that where buildings are set back from the street line, the height shall be measured from the average elevation of the finished grade at the front of the building. “Building Permit” shall mean the written permission from the City of Dinuba for the construction, repair, alteration, or addition to a structure. “Bulletin Board” shall mean a permanently constructed sign containing a surface area that may have interchangeable letters, words, or numerals displaying the name of the institution, events conducted upon and/or services offered upon such premises. "Caretakers residence" shall mean a single-family residence on the same property with, or on abutting property owned by the owner of, an open space, commercial or manufacturing use, which residence is occupied by one (1) or more persons charged with the care or protection of facilities used in such open space, commercial or manufacturing use, and which residence is provided to the occupant as compensation for such services and for which he does not pay money or other things of value other than his services. "Carport" shall mean a permanent roofed structure with not more than two (2) enclosed sides used or intended to be used for automobile shelter and storage. See also “Carport, Portable”.
“Carport, Portable” shall mean a portable attached or detached accessory structure used as a roof covering to protect vehicles or shelter goods and which may or may not be fixed to the ground and which is not designed or intended to be permanently affixed on a lot.

Such accessory structures may be erected by the use of poles, ropes, stakes, or a

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combination of these items. Roof coverings may be constructed of various materials such as canvas, vinyl, metal sheeting or similar materials.
“Cell Tower” – see Section 17.45.200 for terms related to cell towers and wireless communication.
"Cemetery" shall mean land used or intended to be used for the burial of the dead and dedicated for such purposes, including columbariums, crematoriums, mausoleums and mortuaries when operated in conjunction with and within the boundaries of such premises.
“Child care facility” means a facility, other than a home, which provides regular care, protection and supervision to children for a period of less than twenty-four hours a day, while the parents or guardians are away.
“Child care home” means a home in which the occupant provides regular care, protection and supervision to twelve or fewer children, inclusive, including children who reside at the home, if any, for a period of less than twenty-four hours a day, while the parents or guardians are away.
“Church” shall mean a building, together with its accessory buildings and uses, where persons regularly assemble for worship and which building, together with its accessory buildings, and uses, is maintained and controlled by a religious body organized to sustain public worship.
"City" shall mean the City of Dinuba.
"City manager" shall mean the city manager of the City of Dinuba. “Club, Lodge, Or Private Meeting Hall” shall mean a permanent, headquarters-type and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for business associations; civic, social and fraternal organizations; labor unions and similar organizations; political organizations; professional membership organizations; and other membership organizations.
“Combining Districts” (Overlay Districts) means zones or geographical areas in Dinuba that may require special regulations or treatment due to unique features, resources or hazards. These districts may be combined with any district identified in this Ordinance. “Commercial Accessory Structures” means uses and structures incidental and subordinate to the commercial use of the land including: equipment storage areas, trash storage areas and bins; vending machines; required loading and unloading facilities; outdoor tables, benches, umbrellas, fountains, ponds, statues, sculptures, paintings, and other works of art; radio and television antennas, private satellite dish antennas; the

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storage and use of fuels for fleet vehicles, heating buildings or for the operation of appliances or equipment used within a building; sales offices, showrooms and administrative offices; permitted signs; the storage and use of commercial fleet vehicles as part of the principal use; and other accessory uses and structures which are determined by the Planning and Building Director to be necessary, customary and incidental to the commercial use of the land.
“Commercial Recreation Facility – Outdoor” Means facilities for various outdoor recreational activities, where a fee is charged for use. Examples include: amusement and theme parks; fairgrounds; go-cart tracks; golf driving ranges; miniature golf courses; roller skating, hockey, skateboarding; and water slides. May also include commercial facilities customarily associated with the above outdoor commercial recreational uses, including bars and restaurants, video game arcades, etc. "Commission" and "planning commission" shall mean the planning commission of the City of Dinuba.
“Communications Equipment Building” shall mean a building housing electrical and mechanical equipment necessary for the conduct of a public communication business with or without personnel.
“Conditional Use” shall mean a use permitted in a particular zoning district only upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of such use as specified in the Ordinance and authorized by the Planning Commission.
“Convalescent Hospital Or Nursing Home” shall mean any place, structure, or institution providing for skilled nursing and allied professional health care, or for chronic or convalescent care for one or more persons, exclusive of relatives, in which nursing, dietary or other personal services are rendered to convalescents, invalids, or aged persons, who, by reason of advanced age, chronic illness, or physical infirmity are unable to properly care for themselves, but not including persons suffering from contagious or mental diseases, alcoholism, or drug addiction, and in which surgery is not performed and primary treatment, such as customarily is given in hospitals or sanitariums, is not provided.
“Convenience Store” shall mean a retail establishment with not more than four thousand five hundred square feet of gross floor area, offering for sale prepackaged food products, household items, newspapers and magazines, and sandwiches and other freshly prepared foods, such as salads, usually for off-site consumption. "Council" and "city council" shall mean the city council of the City of Dinuba.

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"Corner cut-off" shall mean the provision for and maintenance of adequate and safe visibility for vehicular and pedestrian traffic at all intersections of streets, alleys, or private driveways.
"County" shall mean the County of Tulare.
"County recorder" shall mean the county recorder of the County of Tulare. "Day" shall mean calendar day.
“Day Care” means facilities that provide nonmedical care and supervision of adults or minor children for periods of less than twenty-four hours. These facilities include the following, all of which are required to be licensed by the California State Department of Social Services:

1. “Child day care center” means a commercial or nonprofit child day care facility designed and approved to accommodate fifteen or more children.

Includes infant centers, preschools, sick-child centers, and school-age day care facilities. These may be operated in conjunction with a school or church facility, or as an independent land use.

2. “Large family day care home” means as provided by Health and Safety Code Section 1596.78, a home that regularly provides care, protection, and supervision for seven to fourteen children, inclusive, including children under the age of ten years who reside in the home, for periods of less than twenty-four hours per day, while the parents or guardians are away.

3. “Small family day care home” means as provided by Health and Safety Code Section 1596.78, a home that provides family day care for eight or fewer children, including children under the age of ten years who reside in the home.

4. “Adult day care facility” means a day care facility providing care and supervision for adult clients.
“Dedication” shall mean the setting aside of land for a particular purpose, including roadway, park, or bikepath improvements; utility easements; or access routes for the public.
“Density” shall mean the number of families, individuals, dwelling units , or housing structures per unit of land.
“Density Bonus” means the California Density Bonus Law codified in Government Code Sections 65915 through 65918, which allows a density increase over the otherwise maximum allowable residential density under the applicable zoning

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ordinance and the land use element of the general plan as of the date of application.

Density bonus percentages may range from five to thirty-five percent depending upon the percentage of low-income, very low-income, moderate-income housing units or large family housing units proposed for construction by a housing developer.
“Density Bonus” shall mean an increase in units of up to 35 percent over the otherwise maximum allowable residential density under the Ordinance or Dinuba’s Land Use Element of the General Plan (see Government Code Section 65915). “Developer Incentives” means:

1. Reduce or eliminate standards contained in the Subdivision Ordinance or the City of Dinuba Standards and Specifications Manual

2. Reduce or eliminate Ordinance requirements, including open space, lot size, setback, or parking standards.

3. Reduce or eliminate any design requirements exceeding Uniform Building Code specifications.
“Development” shall mean any man-made changes to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. “Development Agreement” shall mean a contract duly executed and legally binding between the City of Dinuba and a developer that delineates the terms and conditions agreed upon by the two parties.
“Disabled Person” means a person who has a medical, physical, or mental condition that limits a major life activity, as those terms are defined in California Government Code section 12926, anyone who is regarded as having such a condition or anyone who has a record of having such a condition. It includes a person or persons, or an authorized representative of a disabled person. The term disabled person does not include a person who is currently using illegal substances, unless he or she has a separate disability. “Disability” shall mean an individual with a disability is someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment. "Drive-in restaurant" shall mean any building or structure in which food and drink are prepared for service to customers within such structure or occupying vehicles outside of such structures and including self-service restaurants for take-out food.

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“Drive-Through Facility” shall mean a commercial facility where vehicles line up for service at definite spots and where customers are served from a window or similar feature without leaving their vehicles.
"Driveway" shall mean any vehicular access to an off-street parking or loading facility. “Duplex” shall mean a structure on a single lot containing two dwelling units, each of which is totally separated from the other by a common wall that extends from ground to roof.
“Dwelling” shall mean a structure or portion thereof designed for or occupied for residential purposes whether for one family, several families, roomers or boarders, but for purposes of this definition specifically not to include automobile trailers, hotels, motels, labor camps, tents, railroad cars, converted, transit vehicles, mobile homes or any type of temporary structure.
“Dwelling, Multiple-Family” shall mean a structure containing more than one dwelling unit, designed for occupancy or occupied by more than one family. “Dwelling, Single-Family” shall mean a building containing one dwelling unit. “Singlefamily dwelling” shall not include trailers, mobile homes or residential manufactured housing.
"Easement" shall mean a space on a lot or parcel of land reserved for or used for public uses.
“Electric Distribution Substation” shall mean an assembly of equipment which is part of a system for the distribution of electric power where electric energy is received at a subtransmission voltage and transformed to a lower voltage for distribution for general consumer use.
“Electric Transmission Substation” shall mean an assembly of equipment which is part of a system for the transmission of electric power where electric energy is received at very high voltage from its source of generation by means of a network of high voltage lines, and where, by a means of transformers, said high voltage is transformed to a lower subtransmission voltage for purposes of supplying electric power to large individual consumers, interchange connections with other power producing agencies or electric distribution substations for transformation to still lower voltages for distribution to smaller individual users.
“Emergency Housing” (i.e. “Emergency Shelter”) means housing with minimal supportive services for homeless persons, and other interventions including:

Navigation Centers, Bridge Housing, and respite or recuperative care. No individual or household may be denied emergency shelter because of an inability to pay.

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“Emergency Shelter” means housing with minimal supportive services for homeless persons that is limited to occupancy of 180 days or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.

Emergency shelter may include various related uses including but not limited to, navigation centers, bridge housing, and respite or recuperative care. "Employee housing" shall mean housing as described, defined, and regulated by the Employee Housing Act, Sections 17000 et seq. of the California Health and Safety Code. Employee housing providing accommodations for six or fewer employees shall be deemed a single-family structure and a residential use of the property by a single household per the requirements of California Health and Safety Code Section 17021.5. Employee housing for up to six persons per dwelling is permitted in the R1 (Single Family Residential) zones and the RM (Multiple Family Residential) zones, subject to the same standards applicable to single-family homes in the same zones.

In the RA (Residential Acreage) zone, and AN (Agriculture) zone, employee housing is permitted for up to twelve (12) units or thirty-six (36) beds, subject to the same standards applicable to single-family homes in the same zone. Employee housing is permitted subject to the issuance of a permit by the State of California Department of Housing and Community Development as provided in California Health and Safety Code Sections 17021.5 and 17030. The permit shall be prominently displayed in the housing unit and shall be provided to any peace officer, City inspector or State inspector, upon demand.
"Employee housing" shall mean housing as described, defined, and regulated by the Employee Housing Act, Section 17021.5. of the California Health and Safety Code.

Employee housing for up to six unrelated persons per dwelling is permitted in the R-1 (Single Family Residential) zone, and in the RM (Multiple Family Residential) zones, subject to density standards of the particular zone. In the UR (Urban Reserve) zone, employee housing is permitted for up to twelve (12) units or thirty-six (36) beds.

Employee housing is permitted subject to the issuance of a permit by the State of California Department of Housing and Community Development as provided in California Health and Safety Code Sections 17021.5 and 17030. The permit shall be prominently displayed in the housing unit and shall be provided to any peace officer, City inspector or State inspector, upon demand. Employee housing provided by an employer for up to six employees is considered a residential use, subject to the same standards as single-family residences.
"Essential service" shall mean the erection, construction, alteration, or maintenance by public utilities or municipal departments or commissions of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supplying, or disposal systems including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith, but not including buildings reasonably necessary for the furnishing of adequate service by such

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public utilities or municipal departments or commissions, or for the public health or safety or general welfare.
“Exceptional Structure” shall mean any structure or building having pre-eminent historical/cultural, architectural, archaeological, or aesthetic significance. Exceptional structures should be considered for nomination to the National Register of Historic Places.

“Extremely Low Income Household” means those units targeted for this category of household that shall be affordable at a rent that does not exceed 30 percent of 60 percent of the Tulare County median income.
“Façade” shall mean the exterior wall of a building exposed to pubic view or that wall viewed by persons not within the building.
“Fair Housing Laws” means (1) the federal Fair Housing Act (42 U.S.C. section 3601 and following) and (2) the California Fair Employment and Housing Act (Government Code section 12955 and following), including amendments to them. “Family” means one person or two or more individuals living together sharing household responsibilities and activities, which may include, sharing expenses, chores, eating evening meals together and participating in recreational activities and having close social, economic and psychological commitments to each other.
”Farmworker Housing” means employee housing that contains a maximum of 36 beds if the housing consists of group living quarters and is occupied by employees and their households or contains a maximum of 12 residential units occupied by employees and their households. Farmworker housing is considered an agricultural land use and shall be permitted in any zone district which permits agricultural land uses. Permitted occupancy in farmworker housing may include agricultural employees who do not work on the property where the farmworker housing is located.
“Farmworker Housing” (Employee Housing Act, Section 17021.6): Means housing consisting of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household shall be deemed an agricultural land use for the purposes of this title. Farmworker housing shall not be deemed a use that implies that the farmworker housing is an activity that differs in any other way from an agricultural use.

No conditional use permit, zoning variance, or other zoning clearance shall be required of farmworker housing that is not required of any other agricultural activity in the same zone. The permitted occupancy in farmworker housing in a zone allowing agricultural uses shall include agricultural employees who do not work on the property where the farmworker housing is located.
“Farming” see Agricultural Operations

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"Federal" shall mean the Government of the United States of America. "Fence" shall mean any structural device forming a physical barrier which is so constructed that not less than fifty (50) percent of the vertical surface is open to permit the transmission of light, air, and vision through said surface in a horizontal plane. (For board or other solid barriers, see "Wall.").
“Flooding” shall mean a general and temporary condition or partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source. “Flood Boundary And Floodway Map” shall mean the official map on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administrative has delineated both the areas of special flood hazards and the floodway. “Flood Hazard Boundary Map” shall mean the official map on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administrative has delineated the areas of flood hazards.
“Flood Insurance Rates Map” shall mean the official map on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administrative has delineated both the areas of special flood hazards and the risk of premium zones applicable to the community.
“Floodplain” or “Flood-Prone Area” shall mean any land area susceptible to being inundated by water from any source.
“Floodway” shall mean the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. “Floor Area, Gross” shall mean a sum of the gross horizontal areas, in square feet, of the floors of a building, including interior balconies and mezzanines, but not including the horizontal area occupied by any wall, inner court or shaft enclosure. “Foster Family Home” shall mean any residential facility providing 24-hour care for six or fewer foster children that is owned, leased, or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed. The placement may be by a public or private child placement agency or by a court order, or by voluntary placement by a parent, parents, or guardian. “Garage, Private” shall mean an accessory structure or a portion of a main structure used only for the storage of self-propelled passenger vehicles or trailers by families residing upon the premises.

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“Garage, Repair” shall mean a commercial structure or part thereof other than a private garage where motor vehicles are repaired or painted.
“Garage sale” is defined as a sale, offer to sell, or holding for the purpose of selling, conducted by any person or persons, of household furnishings, goods or other tangible personal property, conducted in a noncommercial garage, yard, patio, driveway or on any portion of the premises in a residential property.
“Garage, Storage” shall mean a structure or part thereof used for the storage, parking or servicing of motor vehicles, but not for the repair thereof. "Grade" shall mean the gradient, the rate of incline or decline expressed as a percent. For example, a rise of twenty five (25) feet in a horizontal distance of one hundred (100) feet would be expressed as a grade of twenty five (25) percent. (See also "Slope") “Grading” shall mean any stripping, cutting, filling or stockpiling of soil. “Hazardous waste” means waste, or a combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may either:

A. Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness.

B. Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, disposed of or otherwise managed. "Hedge" shall mean a plant or series of plants, shrubs, or other landscaped material, so arranged as to form a physical barrier or enclosure.
“Historic Preservation” shall mean the protection, rehabilitation, and restoration of districts, sites, structures, buildings and artifacts significant in American history, architecture, archaeology or culture.
“Historical Structure” shall mean any structure or building having pre-eminent historical/cultural, architectural, archaeological, or aesthetic significance. “Hookah bar” means any facility or location whose business operation, whether as its primary use or as an accessory use, is denoted by smoking specially made tobacco through one or more pipes (commonly known as hookah, shisha, or narghile) designed with a tube passing through an urn of water that cools the smoke. “Home Occupation” shall mean any use conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof or adversely

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affect the uses permitted in the residential district of which it is a part; which creates no additional vehicular or pedestrian traffic, requires no additional parking space, generates no noises audible beyond the site, causes no radio or television interference; where no persons are employed other than domestic help, and no mechanical equipment is used other than that necessary for domestic purposes; no materials, equipment and/or supplies are stored outdoors other than such storage normally associated with the residential use of the property. For purposes of this definition, the storage of a vehicle of not more than one (1) ton capacity shall be deemed as normally associated with residential use the property.
“Homemade foods business” shall mean a business conducted out of a residence where the occupants of the dwelling prepare and package certain types of food, operated in compliance with California Homemade Foods Act (as codified in Government Code section 51035), and the following City standards:
(a) There shall be no employment of help outside the residents of the dwelling, except for one full time employee.
(b) All food preparation in conjunction with a homemade food business must take place in the residence’s existing kitchen.
(c) Prior to granting of a city business license the applicant shall obtain a permit from the Tulare County Environmental Health Department. The City business license shall not be effective until that permit or approval is obtained, and shall automatically expire if the other required permit or approval expires, is disapproved or is revoked.
(d) A copy of the Tulare County Environmental Health Department permit to operate shall be provided to the city planning department within ten working days of the issuance of that permit or approval.
“Homeless Shelter” shall mean a church, public building, or quasi-public facility that provides emergency or temporary shelter to homeless individuals and/or groups. These accommodations may include temporary lodging, meals, laundry facilities, bathing, counseling, and other basic support services. Also referred to as emergency housing. "Hospital" shall mean any building or portion thereof used for the accommodation and medical care of sick, injured, or infirm persons and including sanitariums, alcoholic sanitariums, institutions for the cure of chronic drug addicts and mental patients. “Hotel” shall mean a structure or portion thereof in which there are individual guest rooms or suites, usually occupied on a transient basis, where lodging with or without meals is provided for compensation.

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67-16
"Household pets" shall mean animals, birds, or fowl ordinarily permitted in a dwelling and kept only for the company or pleasure provided to the occupants. Household pets shall not include horses, cows, goats, sheep, other equine, bovine, ovine, or ruminant animals, pigs, predatory wild animals, chickens, ducks, geese, turkeys, game birds and fowl which normally constitute an agricultural use (except pigeons, which shall be deemed household pets). The keeping of household pets or other animals is lawful only in those districts where the use is listed as a permitted use or when any household pets are kept as an accessory use to lawfully maintained residences in other districts. The keeping of any animal not herein described as a household pet shall not be deemed an accessory residential use.
“Immediate Family” Immediate family shall include spouse, parent or step-parent, brother or step-brother or half-brother, sister or step-sister or half-sister, child or stepchild, or grandparents. “Industrial Accessory Structures” means hose uses and structures incidental and subordinate to the industrial use of the land including: loading and unloading facilities and equipment, parking areas and shipping terminals; water and waste water treatment facilities and systems; incidental services swishes cafeterias; storage facilities and garages, sales office, showrooms, and administrative offices; radio and television antennas, private satellite dish antennas; the storage and use of fuels for fleet vehicles, heating buildings or for the operation of appliances or equipment used within a building; the storage of fully operative fleet vehicles, heavy equipment or trucks as part of the principal use; permitted signs; and other accessory uses and structures which are determined by the Planning and Building Director to be necessary, customary and incidental to the industrial use of the land.
“Institution” shall mean all governmental, religious, and charitable organizations. “Junk Yard” shall mean a site or portion of a site which waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including used furniture and household equipment yards, house wrecking yards, used lumber yards and the like; excepting a site where such uses are conducted with a completely enclosed structure and excepting a motor vehicle wrecking yard as defined in this section. An establishment for the sale, purchase or storage of used cars or salvaged machinery in operable condition and the processing of used or salvage materials as part of a manufacturing operation shall not be deemed a junk yard. “Labor Camp”. See “Farm Labor Housing”.
“Landscaping”. See Chapter 17.47 for terms related to landscaping and irrigation. “Liquor store” means a retail establishment designed and operated for the primary purpose of selling alcohol. Food stores and convenience markets for which sales of food

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Exhibit “H”: Dinuba Zoning Ordinance
Chapter 67: Definitions
67-17
comprise the majority of gross sales, but also sell alcohol, shall not be considered as a liquor store.
"Loading space" shall mean an off-street space or berth on the temporary parking of commercial vehicles while loading or unloading, and which abuts a street, alley or other appropriate means of ingress and egress.
“Lodge Or Club” means an association of persons, whether incorporated or unincorporated, for some common purpose, but not including groups organized to render a service carried on as a business.
“Lot, Corner” (see Exhibit 67-1 for illustration of lot types) shall mean a site bounded by two (2) or more adjacent street lines which have an angle of intersection of not more than one hundred thirty five degrees (135˚).
“Lot, Coverage” shall mean the portion of the lot covered by buildings and structures. “Lot, Interior” (see Exhibit 67-1 for illustration of lot types) shall mean a lot other than a corner lot.
“Lot, Through” (see Exhibit 67-1 for illustration of lot types) shall mean a lot that fronts onto two parallel streets.
“Lot, Key” (see Exhibit 67-1 for illustration of lot types) shall mean the first lot to the rear of a reversed corner lot whether or not separated by an alley. “Lot, Flag” shall mean a lot that typically does not front onto a public street but whose access to a public street is provided by a narrow strip of land upon which an easement for vehicular movement is provided.
“Lot, Reversed Corner” (see Exhibit 67-1 for illustration of lot types) shall mean a corner lot whose side street line is substantially a continuation of the front lot line of the first lot to its rear.
“Lot Line, Front” shall mean the property line dividing a lot from a street. On a corner lot the shorter street frontage shall be considered the front lot line.

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Exhibit “H”: Dinuba Zoning Ordinance
Chapter 67: Definitions
67-18
Exhibit 67-1: Typical Lot Types
“Lot Line, Rear” shall mean the property line opposite the front lot line. “Lot Line, Side” shall mean any lot lines other than front lot lines or rear lot lines. “Low Barrier Navigation Centers (LBNC) shall mean a Housing First, low barrier, temporary, service-enriched shelter focused on helping homeless individuals and families to quickly obtain permanent housing.
“Manufactured home” means:

1. A structure, transportable in one or more sections, which is eight body feet or more in width, and is at least forty body feet or more in length, in traveling mode, or, when Street
Reverse
Corner
Lot
Corner Lot
Key Lot
Interior Lot
Lot Types
Interior
Lot
Interior
Lot
Interior
Lot
Interior
Lot
Cul-de-Sac
Lot
Cul-de-Sac
Lot
Cul-de-Sac
Lot
Cul-de-Sac
Lot
Corner Lot Interior
Lot
Street
Reverse Corner Lot:

The street side yard property
line is a continuation of the
front lot line of the lot to the
rear
Front Property
Line
Street Side Yard
Property Line
Front Property Line
Front Property Line
Street Side Yard
Property Line
Street Side Yard
Property Line
Front Property Line
Street

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Exhibit “H”: Dinuba Zoning Ordinance
Chapter 67: Definitions
67-19
erected on site, is three hundred twenty or more square feet, and is designed to be used as a single-family dwelling when connected to the required utilities;

2. A living unit built to the specifications of the National Manufactured Housing Construction and Safety Standards Act of 1974, constructed after June 15, 1976. “Manufacturing” shall mean a process that involves and/or produces basic metals, building materials, chemicals, fabricated metals, paper products, machinery, textiles, and/or transportation equipment, where the intensity and/or scale of operations may cause impacts on surrounding land uses or the community. Also manufacturing processes involving and/or producing: apparel; food and beverage products; electronic, optical, and instrumentation products; ice; jewelry; and musical instruments. Light manufacturing also includes other establishments engaged in the assembly, fabrication, and conversion of already processed raw materials into products, where the operational characteristics of the manufacturing processes and the materials used are unlikely to cause significant impacts on surrounding land uses or the community.
“Massage Establishments” means any establishments wherein massage is given engaged in or carried on or permitted to be given, where the body is rubbed or there is any manipulation of the body or similar procedure given by a certified massage therapist. “Mean Sea Level” means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community’s Flood Insurance Rate Map are referenced. “Medical Buildings” means clinics or offices for doctors, dentists, oculists, chiropractors, osteopaths, chiropodists, or similar practitioners of the healing arts; including accessory laboratories and a prescription pharmacy but not including offices for veterinarians. “Minor Deviation” shall mean a reduction of a zoning standard by up to 20% that can be processed administratively.
“Mixed Use Project” shall mean a project that combines both commercial and residential uses, where the residential component is typically located above or behind the commercial.
“Mobile Home” shall mean a structure, transportable in one or more sections that is built on a permanent chassis and is designed to be used as a single-family dwelling unit with or without a foundation. Mobile Home does not include a recreational vehicle, travel trailer, commercial coach, or factory-built home.
“Mobilehome Park” shall mean a, area or parcel of land where three or more mobilehomes or mobilehome sites are rented or leased or held out for rent or lease for human habitation. Mobilehome parks may contain accessory facilities: including recreation facilities; meeting rooms; parking lots for boats, recreational vehicles, and

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Exhibit “H”: Dinuba Zoning Ordinance
Chapter 67: Definitions
67-20
other vehicles; administrative offices and other accessory structures associated with mobilehome parks.
“Motel” shall mean a structure or portion thereof or a group of attached or detached structures containing individual guest rooms, suites or dwelling units, usually occupied on a transient basis and usually with garage attached or parking space located in proximity to each unit, where lodging is provided for compensation. “Motor Vehicle Wrecking Yard” shall mean a site or portion of a site on which the dismantling or wrecking of vehicles, whether self-propelled or not, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts is conducted. The presence on a site of two (2) or more motor vehicles which have not been capable of operating under their own power for thirty days or more or, in the case of vehicles not self-propelled, which have not been towable or from which parts have been removed for reuse or sale, shall constitute prima facie evidence of a motor vehicle wrecking yard. “Noise” means any undesired audible sound.
“Non-Conforming, Use” shall mean a non-conforming use is a use of a structure or land that was lawfully established and maintained prior to the adoption of the Dinuba Zoning Ordinance but which, does not conform with the current use regulations for the district in which it is located.
“Non-Conforming, Structure” shall mean a non-conforming structure is a structure that was lawfully erected prior to the adoption of the Dinuba Zoning Ordinance but which does not conform with the standards of coverage, setbacks, height or distance between structures prescribed in the regulations for the district in which the structure is located. “Nuisance” shall mean an interference with the enjoyment and use of property. “Nursery School” shall mean the use of a site or portion of a site for an organized program devoted to the education or day care of five (5) or more pre-elementary school age children other than those residing of the site.
“Nursing Home” shall mean a structure operated as a lodging house in which nursing, dietary and other personal services are rendered to convalescent, invalids, or aged persons not including persons suffering from contagious or mental diseases, alcoholism or drug addiction and in which surgery is not performed and primary treatment, such as customarily is given in hospitals and sanitariums, is not provided. A convalescent home or a rest home shall be deemed a nursing home.
“Occupancy use permit” means a permit issued to verify the proposed use complies with the provisions of the zoning ordinance.

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Exhibit “H”: Dinuba Zoning Ordinance
Chapter 67: Definitions
67-21
“Off-sale liquor establishment” means any establishment which has obtained or is required to obtain an Alcoholic Beverage Control board license Type 20 (off-sale beer and wine) or Type 21 (off-sale general) and/or is selling alcoholic beverages in an open or a closed container for consumption off the premises. Typical off-sale liquor establishments may include but are not limited to the following: food markets, supermarkets, drugstores, liquor stores, bars and convenience markets. “Open Space” means any parcel or area of land or water essentially unimproved and set aside, dedicated, designed or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.
“Overlay Zone” shall mean a zone applied in combination with other zone districts in order to impose additional restrictions or to allow greater variety than is possible with the underlying zone.
“Parcel Map” shall mean the division of a lot, tract or parcel of land into four or fewer lots or parcels of land for sale, lease or financing. Commercial and industrial parcel maps may contain more than four lots.
“Permitted Use” shall mean any use or activity allowed in a zoning district and subject to the development standards applicable to that zoning district. “Pitch” (or peak) shall mean the highest point as in the highest point of a roof. "Planned unit development" shall mean a residential, commercial, or industrial development which is designed and built as a planned unit pursuant to the provisions of the "PUD", Planned Unit Development zone, Chapter 17.41 (Planned Unit Development overlay zone).
“Plat” shall mean a map representing a tract of land, showing the boundaries and location of individual properties and streets; a map of a subdivision or site plan. "Police Chief" shall mean the Police Chief of the City of Dinuba or his or her designee. “Porch” shall mean a roofed open area, which may be glazed. “Pre-Zoning” means to delineate the zoning of an unincorporated territory prior to annexation by the City.
“Public Hearing” shall mean a meeting announced and advertised in advance and open to the public, with the public given an opportunity to testify and participate. “Railroad Right-Of-Way” shall mean a strip of land for the accommodation of main line or branch line railroad tracks, switching equipment and signals, but not including lands

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Exhibit “H”: Dinuba Zoning Ordinance
Chapter 67: Definitions
67-22
on which stations, offices, storage buildings, spur tracks, sidings, section gang and other employee housing, yards or other uses are located.
“Reasonable Accommodation” means providing disabled persons flexibility in the application of land use and zoning regulations and procedures, or even waiving certain requirements, when necessary to eliminate barriers to housing opportunities. It may include such things as yard area modifications for ramps, handrails or other such accessibility improvements; hardscape additions, such as widened driveways, parking area or walkways; building additions for accessibility; tree removal; or reduced off-street parking where the disability clearly limits the number of people operating vehicles.

Reasonable accommodation does not include an accommodation which would (1) impose an undue financial or administrative burden on the City or (2) require a fundamental alteration in the nature of the City’s land use and zoning program. “Recreational Area” means an active play area, including sport fields, school yards, picnic grounds or other areas where sport, outdoor or recreational activities take place. “Recreational Vehicle” shall mean a motor home, travel trailer, truck camper or camping trailer, with or without motor power, designed for human habitation for recreational purposes with a living area less than 220 square feet.

Recycling” – see Section 17.45.080 for terms related to recycling and recycling facilities. ”Replacement Housing” means a dwelling unit designated to offset the loss of a dwelling unit currently included in the City’s Regional Housing Needs Allocation (RHNA) inventory for lower-income households, pursuant to Assembly Bill (AB) 1397. Whenever a project results in the demolition, destruction or removal of a dwelling unit currently included in the City’s RHNA inventory for lower-income households, the developer must identify an existing dwelling unit within the incorporated city or provide a new dwelling unit within the incorporated city as replacement RHNA inventory. The number of replacement dwelling units required shall be commensurate with the number of dwelling units lost through the project. "Residential care home" means a state authorized, certified or licensed family care home or foster home serving mentally disordered or otherwise handicapped persons or dependent and neglected children on a twenty-four-hour basis. Residential care facilities shall meet the Zoning Ordinance requirements of a single-family dwelling in the same zone district.
“Residential Care Facility” means a State licensed community care facility, or similar facility determined by the director, for 24-hour non-medical care, meals, support, and maintenance services to children, the elderly, and adults with intellectual and physical disabilities. This included facilities for the elderly, adult residential care facilities, and group homes including small family homes.

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Exhibit “H”: Dinuba Zoning Ordinance
Chapter 67: Definitions
67-23
"Restaurant" shall mean any building or structure in which food and drinks are prepared for service to customers within such structure.
“Rest Home” shall mean a residential facility for six or more elderly or infirm persons, all of whom are independently mobile and do not require confinement or regular nursing or medical care on the premises. Rest home differs from a “convalescent hospital” in that it is expected to provide comfort, safety, social participation, and the maintenance of health and activity, but does not provide skilled nursing care for the ill. "Retail store" shall mean a business selling goods, wares, or merchandise directly to the ultimate consumer.
“Rezone” means to change the zoning classification on a parcel of land from one zone district to another.
“Revocation” means to rescind a planning decision made by the Planning Director, Planning Commission or City Council, based on findings that supported non-compliance of certain conditions of approval.
“Right-Of-Way” shall mean a strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer and other similar uses.
"Roof line" shall mean the highest point of a parapet wall or the main roof structure or a highest point of a parapet wall other than such architectural features as cupolas, pylons, projections or minor raised portions of the roof.
"Room" shall mean an unsubdivided portion of the interior of a dwelling unit, excluding bathroom, kitchen, closets, hallways, and service porches. “Satellite Dish Antenna” shall mean a satellite earth station consisting of a receiving component of a disc or similar configuration whose purpose is to receive television signals from orbiting satellites or other sources and a low-noise amplifier whose purpose is to magnify television signals.
"School" means any public or private educational facility including, but not limited to nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. School includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school. "Secondhand store" shall mean a retail business which sells used merchandise.

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Exhibit “H”: Dinuba Zoning Ordinance
Chapter 67: Definitions
67-24
“Senior citizens’ housing development” means a development containing dwellings specifically designed for and occupied by persons sixty-two years of age or older and limited to such occupancy for the actual lifetime of the building, either by the requirements of state or federal programs for housing for the elderly or in accordance with standards established by resolution of the planning commission and/or the city council.
“Service Station” shall mean a facility which supplies gasoline and diesel fuel to motor vehicles, and including grease racks or elevators, wash racks or pits, tire repairs, battery servicing and repairing, ignition service, sales of motor vehicle accessories and other customary services for automobiles, but excluding painting and body work. “Senior Household” means those units that have at least one person occupying the residential unit that is at least 55 years of age or older. “Setback Line” means that line that is the required minimum distance from the street right-of-way line or any other lot line that establishes the area within which the principal structure must be erected or placed.
“Setback”: See “Yard, Front”, “Yard, Rear”, or “Yard, Side”. “Sewer” means any pipe or conduit used to collect and carry away sewage from the generating source to the waste water treatment facility. "Shall" is mandatory; and "may" is permissive.
“Shooting ranges, indoor” means a facility specifically designed for firearms practice within an enclosed building. Each shooting range facility is typically overseen by one or more range masters to ensure gun safety rules are being followed. “Shooting ranges, outdoor” means an outdoor facility specifically designed for firearms practice with a required backstop and other safety features to catch bullets. Each shooting range facility is typically overseen by one or more range masters to ensure gun safety rules are being followed.
"Shopping center" means a group of two or more commercial uses planned and designed to function as an integral unit on a single parcel of contiguous parcels and which utilize common off-street parking and access, landscaping, loading facilities and points of ingress and egress.
“Sign” See Chapter 17.51 (Signs and Advertising) for definitions related to signs and advertising.

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Exhibit “H”: Dinuba Zoning Ordinance
Chapter 67: Definitions
67-25
“Single Room Occupancy Unit” shall mean a facility providing dwelling units where each unit has a minimum floor area of 150 square feet and a maximum floor area of 400 square feet. These dwelling units may have kitchen or bathroom facilities and shall be offered on a monthly basis or longer.
“Site” shall mean a parcel of land, subdivided or unsubdivided, occupied or to be occupied by a use or structure.
“Site Area” shall mean the total horizontal area included within the property lines of a site.
"Site plan" shall mean a plan, prepared to scale, showing accurately and with complete dimensioning, all of the uses proposed for a specific parcel of land. See Chapter 17.55 (Site Plan Review) for requirements.
"Site plan review" shall mean the review by the commission or its authorized agent of a site plan and other studies to assist the commission or agent to determine the manner in which the applicant intends to make use of his property. “Site Depth” (see Exhibit 67-2 for illustration of Site Width and Depth) means the horizontal distance between the front and rear property lines of a site measured along a line midway between the front side property line.
“Site Width” (see Exhibit 67-2 for illustration of Site Width and Depth) means the horizontal distance between the side property lines of a site measured at right angles to the depth at a point midway between the front and rear property lines.

Exhibit 67-2: Site Width and Depth
X Site Depth
X
Site Depth

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Exhibit “H”: Dinuba Zoning Ordinance
Chapter 67: Definitions
67-26
"Slope" shall mean a natural or artificial incline, as a hillside or terrace. Slope is usually expressed as a ratio. For example, a horizontal distance of one hundred (100) feet with a rise of fifty (50) feet would be expressed as a 2:1 slope. (See also "grade" and "top and toe of slope.")
“Social Rehabilitation Facility” means any residential facility that provides social rehabilitation services for no longer than 18 months in a group setting to adults recovering from mental illness who temporarily need assistance, guidance, or counseling. “Solar electricity generating plant” means a facility that generates electricity from the sun, primarily for commercial purposes.
“Solar energy system” means a solar collector, solar energy device, or structural design feature of a building whose primary purpose is to provide for the collection, storage and distribution of solar energy for space heating or cooling, for water heating, or for generation of electricity that will be used primarily by the persons and structures on the site.
“Specific Plan” shall mean a plan for a designated area within the city, based on the general plan, but containing more detailed regulations and programs as provided in Section 65450 and following of the California Government Code. “Stable” shall mean a detached accessory structure including but not limited to a corral or paddock for the keeping of one (1) or more horses owned by the occupants of the premises, and which are not kept for remuneration, hire or sale. "State" shall mean the State of California.
“Stock Yard” means an enclosed area where animals are temporarily held for concentrated feeding or display preliminary to slaughtering, shipping or resale. “Storm Water Runoff” means water flowing from impervious surfaces and entering Dinuba’s storm water drainage system, which is a series of curbs and gutter, drop inlets, storm drainage pipes, basins and waterways.
"Story" shall mean a space in a building between the surface of any floor and the surface of the floor next above, or if there be no floor above, then the space between such floor and the ceiling or roof above.
“Street” shall mean a thoroughfare, dedicated as such or acquired for public use as such, other than an alley, which affords the principal means of access to abutting land. “Street, Arterial” shall mean a street with signals at important intersections and stop signs on side streets, and which collects and distributes traffic to and from collector streets.

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Exhibit “H”: Dinuba Zoning Ordinance
Chapter 67: Definitions
67-27
“Street, Collector” shall mean a street that collects traffic from local streets and connects with minor and major arterials.
“Street, Cul-De-Sac” shall mean a street with a single common ingress and egress and with a turnaround at the end; non-through streets that serve local neighborhoods. “Street, Dead End” shall mean a street with a single common ingress and egress. “Street, Local” shall mean a street designed to provide vehicular access to abutting property and to discourage through traffic; narrow streets that serve local neighborhoods. “Street property line” means that property line common to the street right-of-way or access easement.
"Structural alteration" shall mean any change in the supporting members of a building, such as in a bearing wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, foundations, piles, or retaining walls, or similar components. “Structure” means any object constructed, installed, or placed on real property by man, including, but not limited to buildings, towers, smokestacks, and overhead lines. “Structure, Accessory” shall mean a detached subordinate structure located on the same site with the main structure or main use, the use of which is customarily incidental to that of the main structure or the main use of the land.
“Structure, Main” shall mean a structure housing the principal use of site or functioning as the principal use.
"Structure, temporary" shall mean a structure which is readily movable and used or intended to be used for a period not to exceed ninety (90) consecutive days. “Subdivision” means the division of a lot, tract or parcel of land into five or more lots or parcels of land for sale, lease or financing.
“Substantial Damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage”, regardless of the actual repair work performed. The term does not, however, include either:

1. Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have

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Exhibit “H”: Dinuba Zoning Ordinance
Chapter 67: Definitions
67-28
been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or;

2. Any alteration of a “historic structure” provided that the alteration will not preclude the structure’s continued designation as a “historic structure”. “Supportive Housing” means housing with no limit on length of stay, that is occupied by the target population as defined in subdivision (d) of Section 53260 (of the Health and Safety code) and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. Lower-income supportive housing facilities shall require recorded affordability restrictions (such as deed restrictions and covenants) for 55 years, shall require at least 35 percent of units to be used for supportive housing, and nonresidential floor area shall be used for onsite supportive services. This housing may include apartments, single-room occupancy residences or single-family homes. “Supportive Housing” means housing with no limit on length of stay, that is occupied by the target population as defined in subdivision (d) of Section 53260 (of the Health and Safety code) and that is linked to onsite or offsite services that assist 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. This housing may include apartments, single-room occupancy residences or single-family homes.
"Swimming pool" shall mean any permanent structure containing a body of water intended for recreational uses, and shall include wading pools. “Target Households” means Very low income, low income, or senior citizen households. “Tent Revival” shall mean a religious meeting or series of meetings which are often evangelistic in nature and are conducted within a non-permanent structure such as, but not limited to, a collapsible shelter of canvas or other material stretched and sustained by poles.
“Transitional Housing” means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months.” “Travel Trailer” shall mean a vehicle other than a motor vehicle, which is designed or used for human habitation and which may be moved upon a public highway without a permit or chauffer’s license or both, without violating any provision of the California Vehicle Code.

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Exhibit “H”: Dinuba Zoning Ordinance
Chapter 67: Definitions
67-29
"Truck service station" shall mean an occupancy which provides especially for the servicing of trucks, with incidental operations similar to those permitted for "automobile service station."
“Use” shall mean the purpose for which land or structures thereon is designed, arranged or intended to be occupied or used or for which it is occupied, maintained, rented or leased.
“Use by right” shall mean that the local government's review of the owner-occupied or multifamily residential use may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the California Public Resources Code. “Utility Pole” means any pole or tower owned by any utility company that is primarily used to support wires or cables necessary to the provision of electrical or other utility services regulated by the California Public Utilities Commission. “Vacancy Rate” means the number of uninhabited dwelling units that are available and suitable for occupancy expressed as a ratio to the total number of housing units. “Variance” means permission to deviate from the literal requirements of the development standards of a zone district.
“Very Low-Income Household” means those units targeted for this category of household that shall be affordable at a rent that does not exceed 30 percent of 50 percent of the Tulare County median income.
“Veterinary Clinics, Animal Hospitals, And Kennels” means office and indoor medical treatment facilities used by veterinarians, including large and small animal veterinary clinics, and animal hospitals. Kennels and boarding operations are commercial facilities for the keeping, boarding or maintaining of four or more dogs four months of age or older, or four or more cats, except for dogs or cats in pet shops. "Warehousing" shall mean a building or buildings used for the storage of goods, of any type, when such building or buildings contain more than five hundred (500) square feet of storage space, and where no retail operation is conducted. Also see "wholesaling." “Watercourse” shall mean a lake, river, creek, stream, wash, arroyo, channel, or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. “Wireless Communication” – see Section 17.45.200 for terms related to cell towers and wireless communication.

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Exhibit “H”: Dinuba Zoning Ordinance
Chapter 67: Definitions
67-30
“Yard” means an open space on the same site as a structure other than a court unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter. “Yard, Front” (see Exhibit 67-3 for illustration of yard types) shall mean a yard extending across the full width of the site or lot between the front lot line and the nearest line or point of the main structure.
“Yard, Rear” (see Exhibit 67-3 for illustration of yard types) shall mean a yard extending across the full width of the side of a lot between the rear lot line and the nearest line or point of the main structure.
“Yard, Side” (see Exhibit 67-3 for illustration of yard types) shall mean a yard extending from the front yard to the rear yard between the side lot line and the nearest line or point of the main structure.
“Zoning” means the division of a municipality into districts, and the regulation within those districts of the height, appearance, and bulk of buildings and structures; the area of a lot which may be occupied and the size of required open spaces; the density of population; and the use or buildings and land for commercial, agricultural, industrial, residential or other purposes. The term “zoning” shall be synonymous with the term “classification” and the term “zone” shall be synonymous with the term “district”.

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Exhibit “H”: Dinuba Zoning Ordinance
Chapter 67: Definitions
67-31
Exhibit 67-3: Yard Types

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Table 1
Proposed Zoning Ordinance Amendments Associated with the Dinuba Housing Element The following summarizes major amendments to the Zoning Ordinance related to action plans in the Dinuba Housing Element.

Chapter 19 (Multi-Family Residential Zones)
Subsection 17.19.060 c. is being amended to allow multi-family dwellings up to three stories high.

Subsection 17.19.040 (Site Plan Review) is being amended to indicate that qualified affordable housing projects are eligible for “by right” processing, consistent with Section 65583 of the California Government Code.

Chapter 21 (Permitted Uses in Residential Zones)
State law requires cities no longer permit new single-family homes on lots in multi-family residential zones. The purpose is to preserve land that is zoned for multi-family development to remain available for the development of affordable multi-family housing on these lots.

Chapter 33 (Permitted Uses in Commercial Zones)
The Housing Element (and State law) requires the City to allow Single Room Occupancy (SRO) units in commercial zones that allow hotels/motels. These include the “C-2” (Downtown Commercial), “C-3” (Community Commercial) and “C-4” (General Commercial) zones.

The Housing Element also requires the code to allow “Low Barrier Navigation Centers” in commercial zones that permit mixed use projects. These include the “C-2” (Downtown Commercial) and “C-4” (General Commercial) zones. A Low Barrier Navigation Center is essentially a homeless shelter that does not require residents to participate in programs (like prayer sessions, etc.).

Chapter 45 (Special Uses)
By-Right Procedural Language. This section adds language that allows “by right” processing for affordable multi-family residential projects on land that was identified in the previous Housing Element (as being available for the development of affordable multi-family housing). Only twosuch sites were listed in the previous Housing Element (a 9-acre site at Alta/Penny Lane, and a

3.1 acre site at Vassar and Greene). The addition of by-right processing is fairly inconsequential – multi-family projects in Dinuba are already approved reviewed and administratively.

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Table 1: Zoning Ordinance Amendments

Page 2 of 3 ends

Density Bonus. State law requires cities to offer an increase in the number of dwelling units for multi-family projects that reserve housing to certain residents, including low income, seniors and students.

Chapter 49 (Parking and Loading)
Parking standards for several types of residential uses need to be amended to comply with State law. These housing types include:
• Senior housing
• Group care facilities
• Supportive housing
• Transitional housing
• Single Room Occupancy Units
• Nursing homes
• Convalescent homes
In general, the Housing Element (and State law) required the City to reduce parking requirements (the number of parking spaces installed) for these housing types, recognizing that residents of these facilities often do not own or drive a vehicle. For these uses, state law indicates the City can only require parking for employees.

Chapter 55 (Site Plan Review)
The State required the City to amend the findings that are required to be made to grant approval of Site Plan Review, to be more objective.

Chapter 57 (Conditional Use Permits)
The State required the City to amend the findings that are required to be made to grant approval of a Conditional Use Permit to be more objective.

Chapter 67 (Definitions)
A number of definitions needed to be added (or amended) to ensure the Zoning Ordinance is consistent with State housing law. These include:
• “Replacement Housing”. Replacement housing is affordable housing that is required to be established whenever a development project will remove existing affordable housing. • “Density Bonus”. This defines the term “Density Bonus” to ensure the ordinance is consistence with State law on this topic.

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Table 1: Zoning Ordinance Amendments

Page 3 of 3 ends

• “Residential Care Facilities”. This type of housing is a state authorized, certified or licensed family care home or foster home serving mentally disordered or otherwise handicapped persons or dependent and neglected children on a twenty-four-hour basis. • “Emergency Housing” (i.e. “Emergency Shelter”) means housing with minimal supportive services for homeless persons, and other interventions including: Navigation Centers, Bridge Housing, and respite or recuperative care. • “Farmworker Housing”. The existing definition has been replaced so the definition aligns with State law.
• “Employee Housing”. The definition has been replaced to align with State housing law. • “Supportive Housing”. The existing definition has been replaced so the definition aligns with State law.
• “Use by right” means that the City’s review of an owner-occupied or multifamily residential use does not require a conditional use permit, planned unit development permit, or other discretionary local government review.

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Page 1 of 1 ends

Table 2
Zoning Ordinance “Cleanups”
In 2024, the Planning Commission and City Council adopted a comprehensive update of the Dinuba Zoning Ordinance. As with any major document (exceeding 300 pages) there are bound to be errors and omissions that need to be corrected. Staff has identified the following sections that are now proposed for amendment.

Permitted Maximum Size of Accessory Dwelling Units
In Section 17.45.090 (Accessory Dwelling Units and Junior Accessory Dwelling Units) there is an inconsistency in the maximum permitted floor area (expressed in square feet) allowed for Accessory Dwelling Units (ADU’s) that are attached to the primary dwelling (the text as written cites both 850 square feet and 1,000 square feet). The correct maximum size is 850 square feet.

RM Zones Density Standard
Exhibit 19-1 (in Chapter 19 (Multi-Family Residential zones) contains incorrect/conflicting standards for the permitted maximum density for multi-family residential projects. The density standards shown in the graphic illustrations conflict with the same standards that are listed in the text of the ordinance. The standards in the text are the correct ones, so the illustration has been amended, so that the two are now consistent.

Compact Parking Stalls
The updated zoning code inadvertently omitted standards that allow for parking lots to have up to 30% of spaces designed as compact parking stalls. This was the standard in the previous zoning ordinance. This has been reinserted in Section 17.49.020 h.

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City Council Staff Report
Department: ENGINEERING October 14, 2025
To: Mayor and City Council
From: Watts Jason, City Engineer
By:

Subject: Public Hearing Accepting South of El Monte Revitalization Study Report and Closing-Out; Project No. 21-CDBG-PL-30006(JW)
RECOMMENDATION:

Staff recommends the City Council take the following actions:

1. Open the public hearing to receive comments regarding the South El Monte Neighborhood Revitalization Plan.

2. Close the public hearing after receiving public input.

3. Accept the South El Monte Neighborhood Revitalization Study Report and authorize the formal close-out of Project No. 21-CDBG-PL-30006.

4. Approve Resolution No. 2025-58
EXECUTIVE SUMMARY:

The City of Dinuba, in partnership with 4Creeks, Inc., has completed the South of El Monte Neighborhood Revitalization Plan, funded with a Community Development Block Grant (CDBG). The plan provides a comprehensive framework to guide neighborhood improvements across approximately 800 acres in the southern central portion of Dinuba. It identifies strategies for infrastructure, housing, public safety, and community amenities, reflecting extensive community engagement and alignment with the City’s General Plan. Federal regulations require a public hearing to formally accept the Revitalization Study Report and close out the associated CDBG.

OUTSTANDING ISSUES:

None
DISCUSSION:

The South El Monte Neighborhood Revitalization Plan, attached herein as Attachment

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'A', was developed through a collaborative effort between the City of Dinuba and 4Creeks, Inc., with funding from the Community Development Block Grant (CDBG).

The plan provides a comprehensive framework to guide improvements across approximately 800 acres in the southern central portion of the City, addressing infrastructure, housing, public safety, and community amenities. The development of the plan involved extensive community engagement, including in-person outreach at the BBQ and Brews Festival in March 2024 and an online survey conducted in August 2024, which received 266 responses. Residents identified several key priorities, including enhanced public lighting, community beautification, improved pedestrian and bicycle infrastructure, affordable housing, and public safety enhancements.

Analysis of the neighborhood revealed a number of critical issues that the plan seeks to address. Public facilities in the area exhibit inconsistencies, with fragmented sidewalks, limited bike lanes, and aging water, sewer, and storm drain infrastructure. Park facilities are underdeveloped, with limited lighting and amenities, and city gateways require improvements in landscaping and signage. Housing in the neighborhoods south of El Monte is aging, with over 60% of the stock built before 1989. Many renters, approximately 65%, are cost-burdened, and areas of substandard housing and blight were identified. While overall crime rates have decreased, residents continue to express concerns regarding specific areas, including alleyways, parks, and downtown locations. High-risk intersections near schools, such as Crawford and Terrace, were also identified as needing safety improvements.

The Revitalization Plan outlines six strategic areas to address these challenges:

1. Parks and landscaping improvements. Particularly downtown and residential streetscapes, including upgrades to the Entertainment Plaza and Felix Delgado Park.

2. Housing. Strategies include blight abatement, rehabilitation programs, code enforcement, and beautification projects.

3. Street improvements. Focusing on traffic-calming measures, Safe Routes to School initiatives, alleyway revitalization, and crosswalk enhancements.

4. Building improvements. Including façade upgrades for downtown businesses and modernization of the Dinuba Sportsplex.

5. Public safety. Strategies emphasize enhanced lighting, DUI awareness campaigns, and improvements to emergency response infrastructure.

6. Utilities. Upgrades to water, sewer, and storm drain systems, to accommodate future growth.

The Revitalization Plan also included an ADA Study and a Downtown Streetscape

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Conceptual Plan. The ADA Study, (see page 134 of Attachment 'A') provides a general overview of existing curb ramps and accessible parking stalls, identifying areas of compliance and non-compliance to inform future accessibility improvements. The Downtown Streetscape Conceptual Plan, (see page 396 of Attachment 'A'), offers visual concepts for potential landscape enhancements, streetscape improvements, and other beautification measures to guide long-term downtown revitalization.

In short, the Revitalization Plan prepared for the neighborhoods south of El Monte Way, provides a comprehensive roadmap to guide improvements, attract funding, and enhance the quality of life for residents and businesses within those neighborhoods.

Staff recommends the adoption of Resolution No. 2025-58, attached herein as Attachment 'B', to accept the subject revitalization study and approve the close out of the 21-CDBG-PL-30006 grant that funded its preparation.

FISCAL IMPACT:

No fiscal impact associated with the recommended action. The full cost of the subject study was entirely funded by a Community Development Block Grant.

PUBLIC HEARING:

A public hearing is required to accept the South El Monte Neighborhood Revitalization Study Report and formally close out Project No. 21-CDBG-PL-30006(JW). Notice of the hearing has been provided in accordance with applicable laws and regulations.

Community members are invited to provide comments on the report and findings.

ATTACHMENTS:

1. A. South El Monte Revitalization Plan

2. B. Resolution No. 2025-58

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AUGUST 2024

CITY OF DINUBA

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Acknowledgments
City of Dinuba
Luis Patlan, City Manager
Daniel James, Assistant City Manager
George Avila, Director
4Creeks, Inc.

David Duda, AICP, Senior Planner
Molly Baumeister, AICP, Planner/Project Manager
Kelsey George, AICP, Senior Planner
Ellie Krantz, Associate Planner
Nate Antepenko, Associate Planner
Anna Wagner, Assistant Planner
Jared Dunning, Assistant Planner
Emileo Padilla Chavez, Assistant Planner
Jason Watts, PE, Engineer
Economic Planning Systems, Inc.

David Zehnder
Peter Cheng
Kate O’Beirne
Salita Thao

1.1 South El Monte Neighborhood Revitalization Plan
Acknowledgments
Prepared By:
4-Creeks, Inc.
324 South Santa Fe Street A
Visalia, California 93291
(559) 802 – 3052
Prepared For:

City of Dinuba
405 E. El Monte Way
Dinuba, CA 93618
(559) 591-5900

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South El Monte Neighborhood Revitalization Plan 1.2
Acknowledgments

TABLE OF CONTENTS
SECTION 1 | INTRODUCTION 1
PURPOSE AND OBJECTIVES 1.1
PROJECT LOCATION 1.2
CASE STUDIES 1.10
SECTION 2 | COMMUNITY OUTREACH 2
BACKGROUND 2.1
OUTREACH EVENT: BBQ AND BREWS FESTIVAL 2.1
ONLINE SURVEY - TARGETED AD CAMPAIGN 2.3
SECTION 3 | PUBLIC FACILITIES NEEDS ASSESSMENT 3
INTRODUCTION 3.1
EXISTING PUBLIC FACILITIES 3.1
SECTION 4 | HOUSING NEEDS ASSESSMENT 4
INTRODUCTION 4.1
DEMOGRAPHIC AND ECONOMIC CONTEXT 4.2
CURRENT HOUSING STOCK 4.3
MARKET ANALYSIS 4.4
AFFORDABILITY ANALYSIS 4.6
BLIGHTED AND SUBSTANDARD HOUSING 4.9
SECTION 5 | SAFETY NEEDS ASSESSMENT 5
INTRODUCTION 5.1

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1.3 South El Monte Neighborhood Revitalization Plan
Table of Contents
EXISTING PUBLIC SAFETY RESOURCES 5.2
HIGH RISK AREAS 5.7
EXISTING CONDITIONS 5.7
SECTION 6 | REVITALIZATION STRATEGIES 6
PARKSPACE AND LANDSCAPING 6.2
HOUSING 6.21
STREET IMPROVEMENTS AND CIRCULATION 6.23
BUILDING IMPROVEMENTS 6.41
PUBLIC SAFETY 6.46
SECTION 7 | ACTION PLAN AND IMPLEMENTATION 7
INTRODUCTION 7.1
FUNDING OPPORTUNITIES 7.2
COST ESTIMATES 7.6

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1.1 South El Monte Neighborhood Revitalization Plan
1 Introduction
Background
This document has been prepared by 4-Creeks Inc. at the direction of the City of Dinuba and in coordination with Topograph and Economic & Planning Systems, Inc. This study was completed in accordance with the May 19, 2023 proposal, and planned within the scope of work agreed to by the City of Dinuba and 4-Creeks Inc., the planning consultant.

Purpose and Objective of Study
The purpose of this study is to develop strategies to implement improvements in the South El Monte Neighborhood in the City of Dinuba, California. This technical study may serve as a guide to help facilitate projects that would strengthen community and economic development, as well as accommodate future growth. Through a collaborative effort with local stakeholders and community members, this study will develop a comprehensive list of proposed projects and programs that work together to achieve significant quality-of-life benefits for the community. The planning team will assess existing infrastructure, housing stock, access to community services, crime rates, and develop a plan to implement the proposed projects and programs to improve the quality of life for residents within the South El Monte neighborhood.

This document is a planning level study resulting from a communitybased information gathering process. Outreach and partnership efforts, including a survey and two community outreach events, were used to guide the direction of this project. This Revitalization Study was driven by the following objectives:
• Analyze the Neighborhood’s existing environmental, economic, and health conditions related to infrastructure, crime, housing, and access to community services
• Identify community concerns and priorities through community outreach
• Propose revitalization strategies that address community goals such as neighborhood beautification and improving the overall quality of life for residents of the South El Monte Neighborhood Image 1-1: Dinuba Monument Signage

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South El Monte Neighborhood Revitalization Plan 1.2
Introduction
Scope of Study
The study and revitalization efforts in South El Monte focus on several key areas of community development, guided by the Community Development Block Grant. These areas include enhancing public infrastructure, boosting economic development, upgrading public facilities, and improving community centers. The effort also targets housing rehabilitation, expanding public services, and supporting homeowner assistance. Additionally, code enforcement, micro enterprise assistance, and land acquisition for future development are integral to the plan. Beyond these targeted areas, the study addresses broader quality of life issues, such as safety concerns, crime rates, safe routes, and access to resources. Community input, to be gathered through upcoming outreach events, will also be incorporated to address locally identified issues effectively.

Project Location
The City of Dinuba is located in the San Joaquin Valley in Tulare County, California with an estimated population of 25,000 residents. The City encompasses approximately 6.5 square miles of land and is bordered by Avenue 424 to the north, Avenue 400 to the south, Road 96 to the east, and Road 56 to the west. The South El Monte Neighborhood is a roughly 800-acre area in the Southern Central portion of Dinuba. The South El Monte Neighborhood is bordered by East El Monte Way to the north, Kamm Avenue to the South, Randle Avenue to the east, and Alta Avenue to the west. The project area encompasses roughly 1.25 square miles and is the primary location of most residential and commercial activities in the City.

City of Dinuba

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South El Monte Neighborhood Revitalization Plan 1.3
Introduction
Figure 1-1
Study Area
Map

Page 768 of 1180 ends

1.4 South El Monte Neighborhood Revitalization Plan
Introduction
Physical & Demographic Context
Image 1-2: Downtown Dinuba
Diversity
Among the total population of 25,000,
approximately 88.2% is Hispanic or Latino,

9.7% is White (non-Hispanic), 0.7% American
Indian and Alaska Native, 0.6% Asian, and 0.4%
Black or African American. In addition, roughly
65% of residents over the age of 5 years speak
a language other than English at home (U.S.

Census, 2022).

Age
According to the American Community Survey,
the median age of all people in Dinuba in 2022
was 27. Residents between the ages of 18 and
24 make up 10.7% of the population, 28% are
between 25 and 44 years, 15% are between 45
and 64, and 8.3% are 65 years and older.

Economy
In 2020, the most popular employment
sectors were Manufacturing, Agriculture,
Forestry, Fishing & Hunting, Retail Trade, and
Educational Services. Between 2019 and
2020, employment in Dinuba decreased
at a rate of 1.02% from 7,195 workers to 7,122
workers. Although Dinuba contains several
distinguished industries and has undergone
significant growth, the City remains a
disadvantaged community with high rates
of unemployment and residents living at or
below the poverty level.

Housing and Household Income
In 2020, the median property value in Dinuba
was $226,700. The median property value
increased by 19.8% from $169,500 to $203,100
between 2019 to 2021. Approximately 55.8%
of the population are homeowners. Among
the 6,227 households in Dinuba, the median
household income was $50,186.

Future Growth
The City of Dinuba is projected to grow to
more than 38,813 residents by 2030. The City’s
General Plan identifies a 3% growth rate for
the City. The rise in population will lead to an
increase in housing demand and an increase
in strain on existing public infrastructure in
and around the South El Monte Neighborhood.

The aging housing stock and infrastructure
provide substandard living conditions for
residents, and improvements are needed to
ensure that the housing and infrastructure
capacity can continue to sustain current and
future demands.

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South El Monte Neighborhood Revitalization Plan 1.5
Introduction
Regulatory Setting - Federal
National Environmental Policy Act
A This planning study is
funded by the planning
study is funded by
the Community
Development Block
Grant (CDBG) administered by the Housing
and Community Development (HUD), which
is a federal entity, making consequential
projects from this study possibly subject to
Federal environmental review. Any project
undertaken on the recommendation of
this document may meet the definition of a
“project” under the National Environmental
Policy Act (NEPA), and will be subject to NEPA
review under NEPA, and thus is obligated to
honestly determine whether or not the project
is subject to NEPA. If it is, Tulare County must
commence with the appropriate level of
environmental assessment as stated by NEPA
and the various Federal Guidelines adopted
to implement the Act. The determinations
under NEPA that the City of Dinuba can make
as Lead Agency are as follows:
• The implementation project is not a
“federal action” as defined by NEPA, 24
CFR 1508.18 and therefore is not subject
to further review under NEPA;
• The implementation is a Categorically
Excluded project pursuant to Federal
Guidelines;
• The implementation project is subject
to further environmental study requiring
the preparation of an Environmental
Assessment pursuant to applicable
NEPA Guidelines.
• Following the NEPA Environmental
Assessment, a project will require one of
the following:
• Finding of No Significant Impact
(FONSI), a document finding the
project will not result in significant
impacts on the environment, or
• Environmental Impact Statement
(EIS), a document which conducts
an in-depth study of potential
environmental impacts from the
proposed project and recommends
mitigation measures and project
alternatives. An EIS is the highest
order environmental analysis that
can be performed under NEPA.

Housing and Community Development Act
of 1974, Title 1, Public Law 93-383
T
The Housing and
Community Development
(HUD) Act of 1974
establishes the Community
Development Block Grant
(CDGB) Program to fund “…
the development of viable urban communities,
by providing decent housing and a suitable
living environment and expanding economic
opportunities, principally for persons of
low and moderate income” (Housing and
Community Development Act of 1974, 1 U.S.C.
§ 101).

In addition to providing viable housing and
suitable living conditions in disadvantaged
communities, Title 1 of the HUD includes the
following objectives:
• The elimination of slums and blight and
the prevention of blighting influences
and the deterioration of property
and neighborhood and community
facilities of importance to the welfare
of the community, principally persons
of low and moderate income;
• The elimination of conditions which
are detrimental to health, safety,

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1.6 South El Monte Neighborhood Revitalization Plan
Introduction
and public welfare, through code
enforcement, demolition, interim
rehabilitation assistance, and related
activities;
• The conservation and expansion of
the Nation’s housing stock in order to
provide a decent home and a suitable
living environment for all persons, but
principally those of low and moderate
income;
• The expansion and improvement of
the quantity and quality of community
services, principally for persons of
low and moderate income, which
are essential for sound community
development and for the development
of viable urban communities;
• A more rational utilization of land
and other natural resources and the
better arrangement of residential,
commercial, industrial, recreational,
and other needed activity centers;
• The reduction of the isolation of
income groups within communities
and geographical areas and the
promotion of an increase in the
diversity and vitality of neighborhoods
through the spatial deconcentration
of housing opportunities for persons
of lower income and the revitalization
of deteriorating or deteriorated
neighborhoods;
• The restoration and preservation of
properties of special value for historic,
architectural, or esthetic reasons;
• The alleviation of physical and
economic distress through the
stimulation of private investment and
community revitalization in areas
with population outmigration or a
stagnating or declining tax base; and
• The conservation of the Nation’s scarce
energy resources, improvement of
energy efficiency, and the provision
of alternative and renewable energy
sources of supply
Housing and Community Development Act
of 1974, 1 U.S.C. § 101-102(c)
This planning study is funded by the CDGB
Program, which is providing direct federal
financial assistance from the Department
of Housing and Urban Development (HUD)
and is subject to 24 CFR 85.36(e) and the
requirements of Section 3 of the Housing and
Urban Development Act of 1974, as amended,
12 U.S.C. 1701.

State
California Environmental Quality Act
Any project undertaken on the
recommendation of this document may
meet the definition of a “project” under the
California Environmental Quality Act (CEQA).

The City of Dinuba is the Lead Agency under
CEQA, and thus is obligated to honestly
determine whether or not the project is subject
to CEQA. If it is, the City must commence
with the appropriate level of environmental
assessment as stated by CEQA and the

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South El Monte Neighborhood Revitalization Plan 1.7
Introduction
various State and local Guidelines adopted to
implement the act. The determinations under
CEQA that the City of Dinuba can make as
Lead Agency are as follows:
• The implementation project is not
a “project” as defined by CEQA,
Guidelines Section 15378 and therefore
is not subject to further CEQA review;
• The implementation project is a
Categorically Exempt project pursuant
to CEQA Guidelines Section 15354
and 15300-15333, or is a Categorically
Excluded project pursuant to Federal
Guidelines;
• The implementation project is subject
to further environmental study
requiring the preparation of an Initial
Study pursuant to applicable CEQA
Guidelines.
• Following the outcome of the CEQA
Initial Study the Lead Agency must
cause the preparation of one of the
following Environmental documents
supported by substantial evidence:
• Negative Declaration (ND) a
document finding the project will
not result in significant impacts on
the environment;
• Mitigated Negative Declaration
(MND) a document finding
potential significant impact(s)
from the project and citing
mitigation measure(s) to reduce
impacts to less than significant
levels, or that will avoid impacts.

Said mitigation measures must
be agreed to by applicant prior
to public hearing taking action to
approve the project, or;
• Environmental Impact Report
(EIR) is the highest order of
environmental analysis that can
be required under CEQA. An EIR
requires a public hearing on the
project and an in-depth analysis of
potential Environmental Impacts.

Supporting Documents
Several other plans and studies have been
published in recent years that detail goals,
policies, and strategies that serve as a
roadmap for the City’s future development.

Projects proposed in this Study shall be
consistent with land use plans, designations,
zoning, building intensity and density
requirements, and design guidelines. The
following documents will also serve as guides
for the proposed projects to ensure they meet
local and regional goals.

City of Dinuba General Plan
The City of Dinuba General Plan outlines
goals and policies to help facilitate orderly
growth and development and serves as a
policy guide for long range planning for the
community. The projects proposed in this
planning study will align with the goals and

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1.8 South El Monte Neighborhood Revitalization Plan
Introduction
objectives described in the City’s General
Plan. The following goals and/or objectives for
each element are listed below:

Circulation Element
Goal 1: It is the overall goal of the City to design
to maintain a fully integrated local network
that provides for safe and convenient use of a
variety of transportation modes.

Objective 1: Develop a circulation network
of local roads, collectors, arterials that will
meet projected traffic needs.

Objective 2: Maintain a roadway level of
serve (LOS) of C or better on Local, Minor
Collector, Collector and Arterial streets.

Objective 3: Protect rights-of-way for
future street development by clearly
defining the location of future rights-ofway and establishing street dedication requirements. Such methods should
minimize adverse impacts on adjacent
properties and avoid imposition of street
improvement requirements significantly
in advance of need.

Objective 4: Maximize the use of site
planning techniques to improve traffic
safety.

Objective 5: Promote the use of alternative
modes of transportation.

Objective 6: Encourage the use of bicycles
as a viable means of transportation.

Objective 7: Provide a safe walking
environment for pedestrians.

Objective 8: Upgrade and maintain
existing transportation corridors to meet
urban safety standards.

Objective 9: Encourage the development
of strategies for maximizing the efficiency
of the existing street system.

Objective 10: Develop adequate
maintenance programs for the
community’s transportation networks.

Housing Element
Goal 1: Develop through public and private
channels sufficient new housing to ensure
the availability of affordable housing for all
households in Dinuba.

Goal 2: Manage housing and community
development in a manner which will promote
the long-term integrity and value of each new
housing unit and the environment in which it
is located.

Goal 3: Provide for a choice of housing
locations for all residents.

Goal 4: Maintain and improve the quality of the
existing neighborhoods and housing stock.

Goal 5: Promote equal access to safe and
decent housing for all income groups.

Goal 6: Promote energy conservation in all
residential neighborhoods.

Objective 1: Maintain community
design and improvement standards
that will provide for the development
of safe, attractive, and functional
housing developments and residential
environments.

Objective 2: Facilitate the provision of
homeowner and rental assistance to very
low and low-income households.

Objective 3: Maintain local ordinances to
promote energy conservation.

Land Use Element
Goal 1: Preserve and enhance Dinuba’s unique
character and achieve an optimal balance of
residential, commercial, industrial, public, and
open space land uses.

Objective 1: Strive to keep Dinuba separate
and distinct from nearby communities.

Objective 2: Maintain and enhance
Dinuba’s physical diversity, visual qualities,
and small-town characteristics.

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South El Monte Neighborhood Revitalization Plan 1.9
Introduction
Objective 3: Designate and allow for the
development of a wide range of residential
housing types in the City to meet the
needs of all of the City’s citizens.

Objective 4: Promote stable high quality
residential neighborhoods.

Objective 5: Encourage new residential
neighborhoods that have the desirable
characteristics of traditional small-town
neighborhoods.

Objective 6: Establish a well-balanced
mix of residential, commercial, industrial,
and open space/public land uses
which will create and maintain a highquality environment and fiscally sound community.

Open Space, Conservation, and Recreation
Element
Objective 1: To provide a greenbelt around
the City’s perimeter to maintain the
physical separation between the City of
Dinuba and nearby communities, and to
maintain the scenic beauty surrounding
the City. The City should also establish hard
edge growth phasing boundaries such as
roadways, railroad right of ways, irrigation
ditches, etc. to protect agriculture.

Objective 2: To protect natural resources
including groundwater, soils, and air
quality, to meet the needs of present and
future generations.

Objective 3: To provide recreational
opportunities including local
parks for all populations for the
existing community, and projected
population in future growth areas.

Objective 4: Ensure that environmental
hazards including potential flooding and
impacts from agricultural practices are
adequately addressed in the development
process within the City and the Dinuba
Urban Development Boundary.

Safety Element
Objective 1: Maintain the economic wellbeing of structures and prevent structural damage.

Objective 2: Participate in regional
education and disaster preparedness
programs.

Objective 3: Promote safety standards
which maintain the physical environment.

Objective 4: Maintain statistical
information for safety issues.

Objective 5: Establish responsibility and
authority of agencies for emergency
procedures.

Objective 6: Provide cost-benefit analysis
for participating agencies/jurisdictions.

Objective 7: Adopt and implement safety
standards for varying hazards.

Objective 8: Protect the lives and property
of residents from the hazards of flooding.

City of Dinuba Zoning Code
The City of Dinuba Municipal Code contains
the City’s zoning ordinances (Title 17), which
classifies areas of the City into several zones
in order to ensure orderly development.

The projects and actions proposed in this
Study will comply with all applicable zoning
requirements outlined in the zoning code.

Figure 1-2: El Monte Neighborhood Zoning Map.

Source: City of Dinuba
        
        
        
        
        
        
        
        
        
        
        
        
        
        
        
        
        
        
        
        
        
        
        
        
        
        
        
        
        
        
        
 
 
 
  
  
  
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
      
      
      
  
  
  
                       
                       
                       
                       
                       
                       
                       
                       
                       
                       
                       
                       
                       
                       
                       
                       
                       
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1.10 South El Monte Neighborhood Revitalization Plan
Introduction
Regional Housing Needs Plan (2014)
The Regional Housing Needs Plan (RHNP) was
prepared by the Tulare County Association
of Governments (TCAG), as required by state
housing element law. The RHNP estimates
the housing needs for each jurisdiction
within Tulare County, and also describes the
methodology used to allocate housing needs
to the various jurisdictions. The housing needs
are divided into four income categories, very
low, low, moderate, and above moderate,
which are assigned to the eight cities and the
unincorporated areas in the County.

The California Department of Housing and
Community Development (HCD) issues a
Regional Housing Needs Assessment (RHNA)
Determination to TCAG, as well as other regions
in the state, in order to estimate projected
housing needs. The RHNA Determination is
the total number of housing units that the
jurisdictions within Tulare County must plan
to accommodate between January 1, 2014
and September 30, 2023. A RHNA Methodology
was prepared by the TCAG in order allocate
portions of the Region’s RHNA Determination
to each jurisdiction within the Tulare County
region. The Regional Housing Needs Plan
describes the RHNA process and officially
assigns the allocations to each jurisdiction,
which is eventually adopted by the TCAG
Board of Governors.

The total RHNA Allocation for the City of Dinuba
is 965 units, with roughly 21% allocated towards
very-low-income housing, 17% allocated for
low-income, 12.5% moderate, and 47% of
housing allocated towards above moderateincome housing. The RHNP provides the basis for the housing needs assessment for the
South El Monte Way Revitalization Study and
provides quantitative estimates for these
housing needs.

Case Studies
Many cities have decided to improve the
quality of life for local residents by forming
initiatives to revitalize downtown centers,
improve pedestrian and multimodal
transportation infrastructure, and rehabilitate
and/or increase the housing supply. The South
El Monte Neighborhood Revitalization Study
aims to develop projects and implementation
plans that achieve these goals, and ultimately
address the greatest issues faced by the
residents who live and work in Dinuba. These
measures are being increasingly used
nationwide due to their success in improving
cities overall. Examples of how other cities
have strategized and successfully achieved
revitalized downtown centers and/or
improved public infrastructure are described
below.

Downtown Specific Plan
Livermore, CA
The current thriving historic downtown area
of Livermore, California was once a dying
commercial center interrupted by Highway
84, lacking public infrastructure and local
businesses. The disinvestment from the
downtown center was a result of suburban
sprawl in the 1980’s, which diverted investment
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South El Monte Neighborhood Revitalization Plan 1.11
Introduction
into the satellite communities and away from the downtown core in favor of the large land parcels available along the 1-580. In order to restore the vibrancy of the downtown center, City officials created a redevelopment agency and led a community-wide effort to revitalize the downtown. In order to restore the downtown area’s economic vitality and community character, the City made the following improvements:
• Re-routing of Highway 84, replaced with a two-lane street flanked with diagonal parking and wider sidewalks, and the reduction of lanes throughout the downtown area.
• Landscaping, additional lighting, street furniture, and outdoor artwork.
• Increased pedestrian amenities such as curb extensions to shorten crosswalks and decreasing the proportion of
intersection land devoted to vehicles by closing the right turn lane and designating the area as public pedestrian space. • Collaboration with a local nonprofit, Livermore Downtown Inc., to counsel local businesses by reworking business practices, incentivizing businesses to stay open, and training sales staff. • Base new development off of existing historic architecture to facilitate a unique visual character.
• Construction of parks and other open spaces near the downtown core.

Thirty years after the initial implementation of several improvements within the downtown core of Livermore, the City experienced a public and private reinvestment of over $101 million, the rehabilitation of roughly 40 buildings, and the downtown vacancy rate has been reduced to 2%.

First Street - Before Streetscape Project First Street - After Streetscape Project Figure 1-3: The First Street Streetscape project was the first project implemented to promote investment in the downtown by re-routing Highway 84 and narrowing the street.

Source: City of Livermore

Livermore Cinema Bankhead Theater and Plaza First St. & Railroad Ave Mixed Use Figure 1-4: The Livermore Valley Center site (shown above) were catalyst projects built to make the downtown an activity center.

Source: City of Livermore

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1.12 South El Monte Neighborhood Revitalization Plan
Introduction
Emporia & Lyon County Comprehensive Plan (2008)
Emporia, KS
Emporia is a small town in eastern Kansas with a population of approximately 24,139 and is roughly 12 square miles in size. Like Dinuba, the dominant industries are agriculture and manufacturing, and the city has experienced similar problems pertaining to economic decline such as lack of quality housing options, a declining population, vacant/ neglected properties, lack of retail development, and an aging public infrastructure.

To combat the issues with a declining retail center in Downtown Emporia, the city and county governments collaborated to form the Downtown Association and Chamber of Commerce to create a Main Street Program in 1991. The program helped to connect local businesses to federal, state and local funding as well as administer various services such as promotion, design, business enhancement, and organization services. Some key financial tools that helped to revitalize businesses in the downtown core were zero-interest loan programs, historic preservation tax credits, competitive grant programs, loan guarantee programs, and tax-increment financing. In addition to financial assistance for local businesses, the city helped revitalize the downtown core by adopting downtown design guidelines in order to facilitate mixed-use development and reinvestment. The downtown design guidelines implemented the following features:
• Renovation of existing buildings with historic architecture • Design principles centered on adaptive reuse and infill construction
• Integrating improvements that promote multiple modes of transportation
• Signage
• Parking design and placement
• Lighting
• Street trees & landscaping
• Street furniture
Since the Emporia Main Street’s initiatives start in 1990, there was a resulting $57 million of investment and decrease in the vacancy rate from 30 percent to 7 percent by 2012. The efforts by the City staff and community also resulted in 637 new jobs, 124 new businesses, and 23 new housing units by 2005. The improvements to the downtown core continue, with efforts centered on historic renovations and mixeduse development. Just between 2009 and 2012, the investment in the downtown has totaled $32 million.

Image 1-3: Renovation of an existing building to match historic architecture.

Source: Environmental Protection Agency

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South El Monte Neighborhood Revitalization Plan 1.13
Introduction
North Downtown Plan
Bay City, Texas
Bay City is a small town with a population of 17,505 in southeastern Texas and is roughly 80 miles southwest of Houston. Before major revitalization efforts, the town can be characterized by low-rise residential and commercial buildings with a general low-density development pattern, with a high frequency of vacant land and buildings in every part of the town. However, the City has been able to preserve a historic façade and the urban form of the original downtown area, providing a valuable opportunity for redevelopment. The housing supply before redevelopment was deemed inadequate due to short supply and poor quality, especially housing catered to young and mid-level professionals, empty nesters, temporary contract workers and active seniors. The downtown area specifically dealt with high commercial vacancy rates, a declining retail base, and aging structures that are difficult to renovate both functionally and economically.

To address these issues, Bay City employed several programs and partnerships to revitalize the downtown, such as the Downtown Bay City Façade Improvement Program, which offers matching grants to businesses making plans to renovate buildings in the downtown area.

Another tool implemented is the Houston-Galveston Area Council’s (H-GAC) Downtown Public Spaces Improvements Program. The H-GAC Downtown Public Spaces Improvements Program funds streetscapes, signage, trees, and public parks. Bay City is a participant in the Texas Main Street Program, which aims to revitalize downtown areas through investment in public infrastructure and economic development.

In addition, the city has completed a long-range planning study that identifies programs, policies, programs, and improvements that support walking, biking, and mixed-use development within the downtown community. Since several improvements, the downtown has become a center for activity for residents and visitors.

Figure 1-5: Before and after a façade renovation in downtown Bay City.

Source: Route Bay City

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1.14 South El Monte Neighborhood Revitalization Plan
Introduction
Crossing Islands Improvement Project: Myrtle Avenue & 6th Street Eureka, CA
The site of this project, Myrtle Avenue, was once a 70 ft wide street with two lanes in each direction and one two-way left turn lane with no marked crosswalks. With the realignment of a portion of State Highway 101, more traffic was redirected towards this intersection, exposing operational deficiencies and an increase in the number of collisions involving bicycles, pedestrians, and vehicles. To remedy the issues with the intersection of Myrtle Avenue and 6th Street, the following improvements were implemented:
• Installation of a median island with a pedestrian/bicycle refuge and crosswalk that prohibits vehicular southbound left turns and through movements across Myrtle Avenue
• Two additional islands on each side to provide refuge for pedestrians
• Additional street lighting and pedestrian-activated LED signs for increased pedestrian visibility
Following the improvements there has been a significant reduction in the number of pedestrian, bicycle, and vehicle collisions since the project was completed in 2009. Additionally, the construction of a school facility and multi-family housing increased the amount of foot traffic and activity without increasing the number of crashes.

Figure 1-6: Completed median with crosswalks and pedestrian-activated LED signs.

Source: Google Earth, 2023

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South El Monte Neighborhood Revitalization Plan 1.15
Introduction
Improving Pedestrian Conditions on a High Traffic Arterial: Park Presidio Boulevard/19th Avenue
San Francisco, CA
Park Presidio Boulevard/19th Avenue in San Francisco, California, is a major arterial road with three lanes in each direction, forming a six-lane road with pedestrians, transit users, motorists, and trucks interacting in a constrained right-of-way. The most notable issues with the road involved low transit speeds from heavy traffic, resulting in unreliability for transit users, high on-street parking demand and resulting parking encroachment on sidewalks, unsafe pedestrian crossings, and an unwelcoming streetscape. The four-mile-long arterial road is designated as a portion of State Highway Route 1 and is a major gateway for north-south movement within the City, carrying over 85,000 vehicles and 14,000 transit passengers per day. Over a period of five years, there was an average of 12 pedestrian collisions per year, most occurring during the day.

To effectively reduce the number of collisions, improve transit operations, and calm traffic, the following multi-modal improvements were implemented at six intersections on Park Presidio Boulevard:
• New mast arm-mounted traffic signal heads
• Pedestrian countdown signals
• ADA-compliant curb ramps
• Bus and pedestrian corner curb extensions/bulb-outs at intersections
• Edge line stripe to define parking lane
• Targeted parking enforcement
• Median plantings
• Re-marked crosswalks
• Advance limit lines
• Additional street lighting
• Reduced speed limit and a double-fine zone
With traffic data analysis and community involvement Park Presidio/19th Avenue became a multi-faceted transportation network with multiple modes of transportation and diverse functions.

Figure 1-7: 19th Avenue improvements. Source: Google Earth, 2023

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2.1 South El Monte Neighborhood Revitalization Plan
2 Community Outreach
Background
Community outreach is a vital step in the planning process that effectively informs the public about municipal projects and gathers essential feedback necessary when identifying relevant community design concepts. In the City of Dinuba, the 4Creeks Inc. planning team undertook outreach efforts to determine community concerns in the South El Monte Neighborhood pertaining to infrastructure, circulation, and landscaping. This chapter will discuss the process and outcomes of these outreach efforts, which will further guide the development of the South El Monte Neighborhood Revitalization Plan.

Outreach Event: BBQ and Brews Festival
This community outreach event was held at the BBQ and Brews Festival on March 16th, 2024, from 10:00 am to 3:00 pm. Three members from 4Creeks Inc. attended the booth at the festival. The purpose of this outreach event was to inform the public about the project and gather community input on areas of concern in the neighborhood south of El Monte Way. The booth included a map delineating the project boundary, handouts detailing key project aspects, in-person community surveys to gather community input, and a sign-up sheet for those interested in further engagement efforts.

Paper Survey
Input was gathered from the community via a paper survey at the BBQ and Brews Festival. The survey included 7 multiple-choice questions that focused on community improvement priorities, mobility and safety concerns, and neighborhood aesthetics. Surveys

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South El Monte Neighborhood Revitalization Plan 2.2
Community Outreach
were available in both English and Spanish to encourage non-Englishspeaking community members to engage in the planning process. The survey received a total of 10 responses. A summary of the responses is provided below.

Question 1 asked respondents what positive changes they wished to see in the South El Monte Neighborhood.
• 6 respondents selected Public Lighting Improvements
• 4 respondents selected Community Beautification
• 3 respondents selected Better Access to After School Programs • 3 respondents selected More Affordable Housing Options • 2 respondents selected Enhanced Access to Transportation (Bicycle/ Pedestrian Facilities)
• 1 respondent selected Environment Friendly Initiatives • 1 responded selected Other
Question 2 asked respondents to identify specific beautification initiatives they would like to see in the South El Monte Neighborhood. • 5 respondents selected Cleanup and Graffiti Removal Efforts • 4 respondents selected Additional Parks and Open Space • 3 respondents selected Public Art Installations, Street Art, and Murals • 3 respondents selected Streetlight and Sidewalk Improvements • 2 respondents selected Renovation of Unmaintained Buildings • 1 respondent selected Community Gardens and Green Spaces • 1 respondent selected Improved Landscaping and Tree Planting Question 3 asked respondents what mobility and transportation initiatives they wish to see in South El Monte Neighborhood. • 5 respondents selected Complete Streets
• 4 respondents selected Additional Bike Lanes and Bicycle Parking • 3 respondents selected Traffic Calming Measures
• 2 respondents selected Additional Sidewalks and Crosswalks Question 4 asked respondents if they have children that go to school in Dinuba, if so, how do they get to and from school.
• 4 respondents did not have children that go to school in Dinuba • 3 respondents selected that their children are drove to and from school
• 1 respondent selected that their children take the bus to and from school
• 1 respondent selected that their children walk to and from school Question 5 asked respondents to identify the greatest safety concerns in the community.
• 6 respondents selected Crime
• 2 respondents selected Flooding
• 2 respondents selected Transportation Related Injury
• 1 respondent selected Poor Air Quality
• 3 respondents selected Other
Question 6 asked respondents to identify the biggest issue for residents in Dinuba.
• 8 respondents selected Crime and Safety
• 4 respondents selected Lack of Affordable Housing

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2.3 South El Monte Neighborhood Revitalization Plan

Community Outreach
• 2 respondents selected Access to Resources (food, medical care, gas, schools, parks)
• 1 respondent selected Community Aesthetics (landscaping, lighting, additional green spaces)
• 1 respondent selected Other
Question 7 asked respondents to identify the biggest challenge or issue at the street they currently live on.
• 4 respondents selected Dangerous Intersection
• 3 respondents selected Lighting
• 3 respondents selected Other
Summary of Survey Results
The paper survey conducted for the South El Monte Neighborhood Revitalization Plan highlights the community’s desire for improvements in safety, infrastructure, and overall aesthetics. Key findings indicate a strong need for public lighting improvements, with 60% of respondents emphasizing this as a priority. Community beautification, better access to education, and more affordable housing also emerged as significant needs, revealing a diverse view of desired community enhancements.

Beautification efforts particularly focused on cleanup and graffiti removal, additional parks and open spaces, and public art installations.

These preferences show the community’s interest in both functional and artistic improvements to their environment.

Transportation initiatives are another major community concern, with 50% of respondents advocating for complete streets that support multiple forms of transportation. Additional bike lanes and traffic calming measures are also important, demonstrating a desire for more accessible active transportation options.

Safety remains a top priority, with 66.7% of participants identifying crime as the greatest concern. Other significant issues include flooding, transportation-related injuries, and poor air quality. The survey also highlights a need for addressing dangerous intersections and improving street lighting and sidewalk conditions.

Overall, the survey results indicate a community seeking enhancements in safety, accessibility, and aesthetic appeal, with a balanced focus on immediate infrastructural needs and long-term beautification projects. The input gathered from this survey will help further guide the development of this plan, aiming to improve the quality of life for residents of Dinuba.

Online Survey - Targeted Ad Campaign
Additional community input was gathered through an online survey hosted on Typeform. This survey included 14 multiple-choice questions and was distributed through a targeted social media ad campaign conducted by 4Creeks. The campaign was conducted through Instagram and Facebook over an 11-day period beginning on August 1st, 2024, and ending on August 11th, 2024. During this period, residents of Dinuba were encouraged on social media to participate in the survey to gather further data relevant to the South El Monte Neighborhood Revitalization Study. Surveys were available in English and Spanish to ensure non-English-speaking community members were not discouraged from engaging in the planning process. The ad campaign reached 43,111 social media accounts and received 266 responses in total. Community data gathered from this online survey will help further guide the focus areas and development of this study, to ensure proposed design concepts reflect the desires of the residents of Dinuba.

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