1. Consistent with standards of the CC zone, new buildings in the downtown must be located along the front property line, at the back of the sidewalk. On-site parking must be located to the rear or to the side of buildings.
2. New development on corner lots must be situated immediately at the corner (rather than the parking lot being located on the corner).
3. Useable open spaces such as courtyards and plazas with outdoor seating, landscaping, water features, etc. are encouraged. Pedestrian corridor access (paseos) should be provided to link rear parking lots to the street. Sidewalk dining is also encouraged (see Exhibit 23-2), as long as a sufficient distance from the curb is maintained (usually eight feet, minimum).
4. Side and rear setbacks should be determined on a case-by-case basis. In most cases it is preferred that downtown buildings be designed to cover the entire lot, with no side yard setbacks.
Exhibit 23-2
Sidewalk dining helps to add life to the downtown streetscape.
6.2 Architectural Design
1. The following urban design elements are considered most desirable for new downtown development or redevelopment (see Exhibit 23-3):
a. Significant wall articulation (e.g. insets, alternating with columns, etc; b. A variety of surface textures, provided that they are appropriate to the particular architectural style of the building;
Firebaugh Zoning Ordinance
Chapter 23: C-2 Zone (Central Commercial)
23-11
c. Large display windows at street level for the display of merchandise and to allow shoppers to see inside the store. Windows must extend across the majority of the wall and a significant vertical distance;
d. Overhangs and arcades or awnings;
e. Regular window placement;
f. Pedestrian-scale signs that compliment the style and character of the individual building.
Exhibit 23-3
Desirable Façade Elements for Downtown Buildings
This graphic displays some of the most desirable elements of good downtown building design
Exhibit 23-4: Display Windows
Firebaugh Zoning Ordinance
Chapter 23: C-2 Zone (Central Commercial)
23-12
Large display windows help to make the downtown a more inviting place. Windows should extend a significant width and height of the wall.
The following design elements are considered undesirable and should be avoided for new downtown development or redevelopment:
a. Large, blank unarticulated walls;
b. Highly reflective surfaces of buildings;
c. Reflective window tinting;
d. A mix of unrelated styles (e.g., rustic wood shingles with polished chrome) on the same building;
e. Highly visible outdoor storage, equipment and loading areas; f. Large, flashy signs that are out of scale and character with the building. g. Contemporary “ultra-modern” styles and materials.
6.3 Building Mass and Scale
1. The height and scale of new development should be compatible with the scale of surrounding development. Scale is the relationship between the size of the structure and the size of adjoining structures. Scale is also the manner in which the proposed building’s size relates to the size of a human being. Large scale building elements can appear overwhelming if situated in a visual environment that is predominantly smaller in scale.
Exhibit 23-5: Building Height and Scale
Firebaugh Zoning Ordinance
Chapter 23: C-2 Zone (Central Commercial)
23-13
The height and scale of new developments should be compatible with the scale of surrounding development
2. The scale of a large building should be “broken up or reduced by creating horizontal emphasis of the building. This can be accomplished through the proper use of window patterns, roof overhangs, the use of trim moldings, awnings, eaves, or other ornamentation, by using a combination of complimentary colors, and through the use of landscaping.
3. Blank solid walls of buildings visible from public view, including bland areas above cantilevered canopies should be avoided. If such walls are necessary for interior or structural reasons, the structure wall shall be treated with some form of articulation such as larger awnings, cornice bands, dentils or similar materials.
4. The facades of adjacent structures should be considered in the design of new buildings to avoid clashes in architectural style and materials.
Exhibit 23-6: Building Compatibility
5. Buildings with flat or oversimplified facades (e.g. straight roof-lines without definition) should utilize parapet walls and/or cornice detailing to give greater stature to the building as well as the entire block on which the structure is located.
Awnings and Pedestrian-scale
signage
Firebaugh Zoning Ordinance
Chapter 23: C-2 Zone (Central Commercial)
23-14
6. Canopies and awnings are desirable elements in the downtown and are encouraged to shelter the openings of each building from sun and rain. New canopies and awnings should be respectful of the style and character of the structure on which they are attached, particularly in terms of materials and colors.
Exhibit 23-7: Window Awnings
Window awnings are a desirable element, when properly scaled.
The highest point of a canopy or its support structure shall not be higher than the midpoint of the space between the second story window sills and the top of the first floor store front window, awning, canopy or transom. Awnings should also be set inside vertical elements on the building such as columns, pilasters or storefronts that are indented.
7. Awnings, trellises and other accessory structures that do not restrict pedestrian or vehicular movement may project into the public right-of-way, subject to clearance requirements specified in the Zoning Ordinance. In general, awnings should be no less than 8 feet above the sidewalk.
Exhibit 23-8: Awnings over the public sidewalk
Firebaugh Zoning Ordinance
Chapter 23: C-2 Zone (Central Commercial)
23-15
8. Existing historically significant buildings should be maintained. Any physical changes shall be done in a manner that is consistent with the original architectural style.
9. For safety, identification and convenience, entrances of buildings and parking areas shall be well illuminated.
10. Rooftop mechanical equipment (e.g. air conditioning units) should be screened from view from the public right of way through the use of parapets, cornices or other treatments. Mechanical equipment should not be mounted on street arcades, in front windows or other visible locations.
Exhibit 23-9: Screening Roof Equipment
25-1
C-3 Zone (General Commercial)
Sections
25-25.1 Purpose
25-25.2 Permitted Uses
25-25.3 Conditional Uses
25-25.4 Site Plan Review
25-25.5 Development Standards
25-25.6 Fences, Walls and Hedges
25-25.7 Off-Street Parking and Loading Facilities
25-25.8 Signs
25-25.9 Landscaping
25-25.10 Special Conditions
25-25.11 Design Standards
25-25.1 Purpose
The purpose of the General Commercial district is to provide for a wide variety of commercial and service business that cater to the daily needs of Firebaugh and the surrounding area.
New development in this zone will occur in buildings and complexes that exhibit high standards of design, including sites where generous amounts of landscaping, screening of outdoor storage, repair and assembling areas from the public’s view and where the impact of noise, vibrations, and light on surrounding properties are minimized. 25-25.2 Permitted Uses
The following uses are permitted in the C-3 district.
a. Accessory uses incidental to a permitted or conditionally permitted use existing on the site.
Firebaugh Zoning Ordinance
Chapter 25: C-3 Zone (General Commercial)
25-2
b. Auction houses
c. Automated teller machine (stand alone or associated with a bank) d. Automobile and motorized vehicle businesses, including:
- Vehicle sales (autos, trucks, boats, recreational vehicles, travel trailers, tractors, farm equipment), including on-site repair
- Auto supply stores
- Repair of automobiles and trucks, farm equipment, etc. - Car washes
- Vehicle storage yards
- Tire shops
- Vehicle leasing, renting
e. Banks and financial institutions
f. Business, professional and trade schools
g. Cabinet shops, welding/blacksmith shops, signs shops, glass stores h. Check cashing services
i. Clubs, lodges and meeting rooms
j. Contractor storage yards
k. Contractor supply stores
l. Day care, small and large family
m. Drainage basins
n. Feed stores and agricultural supply stores
o. Food/meat lockers
p. Fuel storage
q. Funeral parlors/mortuaries
r. Health/athletic clubs
s. Hotels/motels
Firebaugh Zoning Ordinance
Chapter 25: C-3 Zone (General Commercial)
25-3
t. Janitorial and maintenance services
u. Low barrier navigation centers
v. Mixed Use Developments, subject to the requirements detailed in Chapter 25-41 Special Uses.
w. Multiple family dwellings, provided that the use shall be developed in accordance with property development standards of the “R-3” District, Chapter 25-19. x. Movie theaters
y. Offices (administrative, business, medical, general, governmental and professional)
z. Pawn shops/second hand stores
aa. Personal Services Businesses. Commercial establishments that provide services of a personal nature, including:
- Barber and beauty shops
- Cleaners
- Fortune telling, hypnotists and palm reading
- Locksmiths
- Mail/delivery stores
- Massage and physical therapy businesses practiced by individuals certified by the State
- Laundry (full and self-serve)
- Music, dance, gymnastics and martial arts studios
- Tattoo shops
bb. Retail stores and service establishments that supply commodities or services that meet the needs of residents in the community. Permitted uses include:
- Bakeries, retail
- Clothing, shoes, jewelry and accessory stores
- Confectionary (candy) stores
- Convenience grocery stores (except that stores selling alcoholic beverages require a Conditional Use Permit)
- Florists
- Food stores
- Furniture stores/mattress shops and upholstery shops
- Garden shops and nurseries
- Gift shops
- Gun shops
Firebaugh Zoning Ordinance
Chapter 25: C-3 Zone (General Commercial)
25-4
- Hardware and home improvement stores
- Health food stores
- Hobby shops
- Ice cream shops
- Jewelry stores
- Office supply stores
- Pet shops
- Pharmacy/drug stores
- Photo studios and photographic supplies, art galleries - Sporting goods stores
- Supermarkets
- Tobacco stores
- Toy stores
- Variety stores
cc. Repair shops for electronics, appliances, upholstery, garden equipment, etc. dd. Restaurants and cafes, including drive-thru and drive-in restaurants. ee. Service stations, subject to the requirements detailed in Chapter 25-41 (Special Uses).
ff. Storage buildings, mini storage facilities
gg. Social service and counseling centers
hh. Supportive Housing, provided that the use shall be developed in accordance with property development standards of the “R-3” District, Chapter 25-19. ii. Taxidermists
jj. Towing services
kk. Transitional housing, provided that the use shall be developed in accordance with property development standards of the “R-3” District, Chapter 25-19. ll. Veterinarian offices, kennels, boarding facilities
mm. Video arcades
nn. Wholesale businesses
oo. Other uses similar in nature and intensity to those permitted, as determined by the city planner
Firebaugh Zoning Ordinance
Chapter 25: C-3 Zone (General Commercial)
25-5
25-25.3 Conditional Uses
The following conditional uses may be permitted in accordance with the provisions of Chapter 25-51 Conditional Use Permits.
a. Churches.
b. Communications buildings and structures, including wireless telecommunications facilities
c. Electrical transmission and distribution substations d. Liquor stores and convenience markets that sell alcoholic beverages e. Recycling centers
f. Temporary assembly/entertainment uses, including tent revivals, carnivals, circuses
g. Water pump stations
h. Other uses similar in nature and intensity as determined by the city planner subject to granting of a conditional use permit.
25-25.4 Site Plan Review
No development shall be constructed on any lot or site in this district until a site plan has been submitted and approved consistent with Chapter 25-53 Site Plan Review, (or a Conditional Use Permit for uses listed as such).
25-25.5 Development Standards (see also Exhibit 25-1 for a summary of development standards)
a. Site Area, Lot Frontage and Depth
No requirement.
Firebaugh Zoning Ordinance
Chapter 25: C-3 Zone (General Commercial)
25-6
b. Building Height
The maximum height of commercial structures shall be 35 feet/two stories; the maximum height of accessory structures shall be 15 feet. c. Yards
1. Front: 10 feet, minimum. Further, parking lots shall be separated by a landscaped setback of at least ten feet from a front property line, and also the side property line for the street side yard on corner lots.
2. Side: No requirement unless the subject property abuts a residential district, wherein the minimum side yard shall be 10 feet, or where the site is a corner lot, in which a 10 foot setback is required on the street side yard.
3. Rear: No requirement unless the subject property abuts a residential district, wherein the minimum side yard shall be 10 feet.
Exhibit 25-1: Zoning Standards
Firebaugh Zoning Ordinance
Chapter 25: C-3 Zone (General Commercial)
25-7
25-25.6 Fences, Walls and Hedges
a. Front, Side and Rear Yards: Fences, walls, and hedges shall not exceed seven feet in height along any front, side or rear property line. b. Where a property zoned C-3 abuts a residential district, a 7-foot solid block masonry wall shall be constructed between the two uses. Where appropriate, openings should be provided to allow pedestrians to travel between the two uses.
25-25.7 Off-Street Parking and Loading Facilities
a. Uses in the C-3 District shall provide off-street parking consistent with Chapter
17.45 Parking and Loading.
35ʹ/ 2 stories, max.
Max. Building Height
Fencing
Front, side and rear yard fencing may be up
to 7‐feet high.
7‐foot tall solid masonry fencing is required
along property lines separating a
commercially zoned parcel from a
residentially zoned parcel. Openings
should be provided (as appropriate) to
allow pedestrian connection.
Rear Yard
None, except that a 10 foot setback is
required when the site abuts a
residentially zoned parcel.
Min Parcel Size, Lot Frontage
and Depth: No requirement
Front Yard:
10 feet, minimum.
This area shall be
landscaped.
Landscaping shall be provided
according to standards in Chapter 17‐43
Parking shall be provided
according to standards in Chapter
25‐45
Parking lots shall be set behind a
landscaped space at least ten feet
deep between the parking lot and
all adjacent street rights‐of‐way
Side Yards
No requirement except
that a 10 foot setback is
required when the site
abuts a residentially‐
zoned parcel.
Also a ten foot setback
is required on the street
side yard of a corner lot.
Accessory
structures may be
up to 15 feet high.
Firebaugh Zoning Ordinance
Chapter 25: C-3 Zone (General Commercial)
25-8
b. Parking lots constructed in C-3 district shall be designed and constructed so that within five years of construction, 50 percent of the parking lot is shaded by trees. c. Parking lots shall be separated from buildings by raised sidewalks or curbing. d. Parking lots shall be designed to accommodate solid waste pick-up. 25-25.8 Signs
Signs shall be consistent with the requirements detailed in Chapter 25-47 Signs. 25-25.9 Landscaping
a. A landscaping and irrigation plan shall be submitted on all neighborhood commercial developments to the City Planner for review and approval consistent with the standards in Chapter 25-43 (Landscaping). All setback areas along streets shall be landscaped.
b. The landscaping and irrigation plan shall show a tree-planting scheme in the parking lot that will result in 50 percent of the parking lot being shaded within five years.
c. The landscaping and irrigation plan shall provide for a minimal amount of turf and shall incorporate a variety of xerophytic plants, mulch to reduce water use, and an automated irrigation system that incorporates water conservation technology, including drip irrigation, smart irrigation controllers, and low-flow irrigation heads.
d. Parking lots should be screened from adjacent public roadways by low walls and/or hedges.
e. Vines and climbing plants should be used on buildings, trellises and perimeter garden walls in order to soften the appearance on the buildings. f. All trash enclosures shall be surrounded by a 6-foot solid block wall and the area around the enclosure shall be landscaped. The gate to the enclosure shall be constructed of metal.
25-25.10 Special Conditions
a. All processes, businesses and services shall be conducted entirely within a completely enclosed structure, except for off-street parking and off-street loading areas, gasoline sales, outdoor dining areas and nurseries. 25-25.11 Design Guidelines
Firebaugh Zoning Ordinance
Chapter 25: C-3 Zone (General Commercial)
25-9
New development in the C-3 zone shall be designed consistent with the guidelines shown in Chapter 25-27 (Commercial Design Guidelines)
City of Firebaugh, CA
§ 25-27.2 FIREBAUGH CODE § 25-29.2
Downloaded from https://ecode360.com/FI4072 on 2024-10-10 § 25-28. (RESERVED)
§ 25-29. INDUSTRIAL ZONES: M-1 (LIGHT INDUSTRIAL); M-2 (HEAVY INDUSTRIAL). § 25-29.1. Purpose.
The purpose of Firebaugh's Industrial Zones is to provide appropriate locations in the community for industrial uses and related activities. Two zones are established: the M-1 Zone is the "Light Industrial" Zone and provides for uses such as light manufacturing, warehousing, storage, service commercial and similar uses. The M-2 Zone is the "Heavy Industrial" Zone and provides spaces for more intensive industrial and manufacturing activities.
Development standards in the Industrial Zones are designed to promote the following:
a. To protect appropriate areas for industrial use from intrusion by residences and other inharmonious uses; b. To provide opportunities for certain types of industrial uses to concentrate in mutually beneficial relationships to each other;
c. To provide adequate space to meet the needs of modern industrial development, including truck parking, off-street parking and loading;
d. To provide industrial employment opportunities for residents of the region; e. To operate in a manner that protects the public health, safety and welfare by ensuring that potential harmful impacts such as noise, vibration, noxious fumes, fire, and explosions, are avoided; and f. To establish standards that result in industrial development that is attractive and functional. § 25-29.2. Permitted and Conditionally Permitted Uses. [Amended 11-20-2017 by Ord. No. 17-03; 6-4- 2018 by Ord. No. 18-02; 7-15-2019 by Ord. No. 19-03]
The following table lists uses that are permitted and conditionally-permitted in the M-1 and M-2 Zones. Symbols used in the table are as follows:
"P" = The use is permitted in that particular zone
"CUP" = The use is permitted by conditional use permit in that particular zone "-" = The use is not permitted in that particular zone
City of Firebaugh, CA
§ 25-29.2 FIREBAUGH CODE § 25-29.2
Downloaded from https://ecode360.com/FI4072 on 2024-10-10 Zone
Use M-1 Zone M-2 Zone
1. Assembling, cleaning, manufacturing, processing
repairing or testing of products, conducted within
an enclosed structure, or within a screened
outdoor storage area, except for the following uses
listed under 1(a) through (k), which are permitted
only in the M-2 Zone by conditional use permit.
P P
a. Drop forges. — CUP
b. Fertilizer manufacturing. — CUP
c. Animal processing, including
slaughterhouses, reduction, rendering and
glue manufacturing.
— CUP
d. Petroleum products manufacturing,
processing and storage, including oils,
gasoline, natural gas, paints and tar.
— CUP
e. Incinerators. — CUP
f. Metal industries (ores, reduction,
refining, smelting and alloying).
— CUP
g. Paper and paper product manufacturing. — CUP
2. Assembling, cleaning, manufacturing, processing,
repairing or testing of products not listed under
1(a) or (b) that are conducted primarily outdoors.
CUP CUP
3. Agricultural services and industries, including the
following:
a. Food and dairy processing. P P
b. Cannabis cultivation, manufacturing,
processing, extraction, testing,
transportation and distribution.
— CUP, subject to
standards contained
in § 25-41.13
c. Cannabis dispensaries and retail sales.
CUP, subject to
standards contained in
§ 25-41.13
CUP, subject to
standards contained
in § 25-41.13
d. Canneries. P P
e. Cold storage facilities. P P
f. Crop cultivation. P P
g. Grain storage and processing. P P
h. Nurseries. P P
i. Packing houses. P P
j. Veterinary services, livestock and large
animals, including animal boarding.
P P
k. Animal sales yards. CUP P
City of Firebaugh, CA
§ 25-29.2 FIREBAUGH CODE § 25-29.2
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Use M-1 Zone M-2 Zone
l. Agricultural exhibits, including sales,
displays, large assembly of people and
livestock.
P P
4. Automobile-oriented uses, including auto
repair, tire shops, painting, upholstery, etc.
P P
5. Concrete batch plants, processing of minerals,
and aggregate and related materials, sand and
gravel storage.
CUP P
6. Dwelling for a caretaker or security guard on
the site of an approved use.
CUP CUP
7. Fuel dealer and service stations. CUP P
8. Airports, heliports/helipads. CUP CUP
9. Farm supply stores. P P
10. Farm Employee Housing (when in conjunction
with an agricultural use)
P P
11. Lumber yards. P P
12. Kennels. P P
13. Mini-storage facilities and storage buildings. P P
14. Offices. P P
15. Retail uses conducted as part of, and incidental
to an established manufacturing operation
(such as a candy store on the site of a candy
manufacturing operation).
P P
16. Research and development operations. P P
17. Recycling collection and processing facilities. P P
18. Salvage and wrecking facilities and junk yards. — CUP
19. Towing services. P P
20. Trucking, transportation and distribution. P P
21. Truck stops. CUP CUP
22. Upholstery shops. P P
23. Vehicle storage. P P
24. Warehousing and wholesaling. P P
25. Equipment rental and sales yards. P P
26. Building contractor offices and yards. P P
27. Miscellaneous uses, including:
a. Accessory uses on the site of a
permitted use or conditionallypermitted use.
P P
b. Parking facilities on separate lots. P P
City of Firebaugh, CA
§ 25-29.2 FIREBAUGH CODE § 25-29.2
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Use M-1 Zone M-2 Zone
c. Communications equipment buildings
and structures (including wireless
telecommunications facilities), public
utility service yards, gas regulator
stations, pumping stations, storm
drainage reservoirs, public water
wells, electric distribution substations
and transmission line structures.
CUP CUP
d. Private fueling stations located on-site
with a permitted or conditionally
permitted use.
P P
e. Other uses determined to be similar in
nature and intensity to those permitted
in that particular zone, as determined
by the City Planner.
P P
f. Other uses determined to be similar in
nature and intensity to those
conditionally permitted in that
particular zone, as determined by the
City Planner.
CUP CUP
City of Firebaugh, CA
§ 25-29.6 ZONING § 25-29.9
Downloaded from https://ecode360.com/FI4072 on 2024-10-10 § 25-29.3. Site Plan Review.
No development shall be constructed on any lot or site in this district until a site plan has been submitted and approved consistent with § 25-53, Site Plan and Design Review (or a conditional use permit for uses listed as such).
§ 25-29.4. Development Standards (see also Exhibit 37-1). a. Site area, lot frontage and depth: No requirement.
b. Building height: The maximum height of structures shall be 50 feet. c. Yards.
1. Front: 10 feet, minimum. Further, parking lots shall be separated by a landscaped setback of at least 10 feet from a front property line, and also the side property line for the street side yard on corner lots.
2. Side: No requirement unless the subject property abuts a residential district, wherein the minimum side yard shall be 10 feet, or where the site is a corner lot, in which a ten-foot setback is required on the street side yard.
3. Rear: No requirement unless the subject property abuts a residential district, wherein the minimum yard shall be 10 feet.
Exhibit 29-1: Zoning Standards
§ 25-29.5. Fences, Walls and Hedges.
a. Front yards: Fences, walls and hedges shall not exceed seven feet in height, unless the site abuts a residential zone in which case fencing within 10 feet of the front property line shall be no higher than four feet.
b. Rear and side yards: Fences, walls, and hedges shall not exceed seven feet in height. c. Where a property zoned M-1 or M-2 abuts a residential district, a seven-foot solid block masonry wall shall be constructed between the two uses.
d. The outdoor storage of equipment or materials shall be screened from the view of any adjoining public right-of-way with a seven-foot solid block wall, or six-foot chain-linked fence with slats and landscaping.
§ 25-29.6. Off-Street Parking and Loading Facilities.
City of Firebaugh, CA
§ 25-29.6 ZONING § 25-29.9
Downloaded from https://ecode360.com/FI4072 on 2024-10-10 a. Uses in the M-1 and M-2 Zones shall provide off-street parking consistent with § 25-45, Auto and Bicycle Parking and Loading.
b. Parking lots constructed in M-1 and M-2 Zones shall be designed and constructed so that within five years of construction, 50% of the parking lot is shaded by trees. c. Parking lots shall be designed to accommodate solid waste pick-up. d. Storage areas shall be surfaced with asphalt/concrete or gravel. § 25-29.7. Signs.
Signs shall be consistent with the requirements detailed in § 25-47, Signs. § 25-29.8. Landscaping.
a. A landscaping and irrigation plan shall be submitted on all neighborhood commercial developments to the City Planner for review and approval consistent with the standards in § 25-43 (Landscaping, Irrigation and Grading). All setback areas along streets shall be landscaped. b. The landscaping and irrigation plan shall show a tree-planting scheme in the parking lot that will result in 50% of the parking lot being shaded within five years. c. The landscaping and irrigation plan shall provide for a minimal amount of turf and shall incorporate a variety of xerophytic plants, mulch to reduce water use, and an automated irrigation system that incorporates water conservation technology, including drip irrigation, smart irrigation controllers, and low-flow irrigation heads.
d. Parking lots should be screened from adjacent public roadways by low walls and/or hedges. e. Vines and climbing plants should be used on buildings, trellises and perimeter garden walls in order to soften the appearance on the buildings.
f. All trash enclosures shall be surrounded by a six-foot solid block wall and the area around the enclosure shall be landscaped. The gate to the enclosure shall be constructed of metal. § 25-29.9. Design Guidelines.
New development in the Industrial zones shall be designed consistent with the following guidelines. a. Site design.
1. Industrial development should be designed in a way that fits in with the surrounding development pattern. This refers to:
(a) The size and form of new structures in relationship to existing development. For example, where new buildings and uses are similar to those on adjoining sites, the design should reflect similar setbacks, building heights and form, scale and mass, materials, compatible colors and landscape treatments. The intent is not uniformity, but compatibility; (b) The spatial relationship between structures and street right-of-way; (c) Circulation patterns;
(d) Architectural elements in surrounding development.
Downloaded from https://ecode360.com/FI4072 on 2024-10-10 City of Firebaugh, CA
§ 25-29.9 FIREBAUGH CODE § 25-29.9
2. New buildings should be oriented toward the adjoining public streets, so that public entrances are a focal point on the building and site layout.
Exhibit 37-2
The front of this industrial site has the appearance of an office and has generous landscaping.
Equipment storage and industrial activities are primarily on the back side of the building.
3. The main public entrance to buildings should feature heightened architectural treatment. For example, if the bulk of an industrial structure is a metal warehouse, the main entrance/office area should feature special architectural design consideration, such as:
(a) Varied setbacks: insets and projections, as appropriate. (b) Siding that is different from the rest of the building (e.g., stucco, brick or at least different colors).
(c) Windows should be framed and/or finished with awnings or similar mechanisms. (d) Other appropriate design techniques.
b. Landscaping and buffers.
1. Care shall be taken to design industrial sites with adequate landscaping and screening, as well as buffering from sensitive nearby/adjacent uses. Methods to buffer projects should include a combination of increased setbacks, walls, landscaping, berms, etc.
2. Projects should present an attractive landscaped frontage along public streets, with significant landscaped setback areas that include attractive combinations of turf, groundcovers, shrubs and trees.
3. Landscaping should include an appropriate combination of turf, shrubs and shade trees, with an emphasis on low-water-use vegetation. Shade trees should be emphasized in paved areas where shading can reduce heat buildup.
4. For beauty as well as graffiti prevention, climbing vines should be used to screen masonry walls, including perimeter walls of trash encloures and other appropriate locations. c. Screening.
1. Buildings, walls and landscaping should be arranged to screen loading and service bays, equipment storage areas, trash enclosures and mechanical equipment.
2. Stored materials may not be stacked or be visible above the height of screening walls.
3. Long expanses of fences or walls should be broken up with periodic columns, insets, landscape Downloaded from https://ecode360.com/FI4072 on 2024-10-10 City of Firebaugh, CA
§ 25-29.9 ZONING § 25-29.10
pockets or changes in materials. Toward this end, fence or wall runs greater than 50 linear feet shall be articulated with architectural offsets and incorporate landscape pockets.
4. Concrete walls are permitted if faced with masonry or stone, or if the surface is scored or textured.
Exhibit 37-3
Long expanses of screening walls (particularly along public streets) should feature varied setbacks and textures.
d. Parking.
1. Parking areas should not be the dominant visual element of a site. It is generally preferable to locate parking lots along the side or to the rear of buildings. Where this is not possible, parking should be buffered with significant landscaping areas.
2. Parking areas shall be landscaped consistent with Zoning standards and guidelines for parking lot landscaping shown in § 25-27, Commercial Development Design Guidelines. e. Service, delivery and storage areas.
1. Locate loading docks, outside storage, and service areas in areas of low visibility such as at the side or at the rear (non-street side) of buildings. The features must be screened from view from public streets, by walls, landscaping, or a combination thereof.
2. With the exception of outside storage areas, when it is not possible to locate loading facilities and service areas on a non-street side of a building, loading docks and doors shall not dominate the building frontage and must be screened from all adjoining public streets.
3. In no case may outside storage areas be located in the front of a building. f. Signs. Sign regulations found in the sign ordinance must be observed; however, the following general design guidelines should be utilized.
1. Signs should be compatible with the design of the building(s) and its architectural style. The design of freestanding signs should feature architectural elements that relate the sign to the buildings they advertise.
2. Stark color contrasts in signs should be avoided. Sign colors should be muted - use of significant quantities of primary colors should be avoided.
3. Freestanding signs shall be monument-style signs as opposed to pole signs.
4. For multitenant buildings or complexes, a coordinated sign design scheme is required. § 25-29.10. Performance Standards.
City of Firebaugh, CA
§ 25-33.6 FIREBAUGH CODE § 25-34
Downloaded from https://ecode360.com/FI4072 on 2024-10-10 a. In the Industrial Zones, all open and unlandscaped portions of any lot shall be maintained in good condition, free from weeds, dust, trash and debris.
b. No use shall be permitted and no process, equipment, or materials shall be employed which are found by the Planning Commission to be injurious to persons residing or working in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt, refuse, noise, vibrations, illumination, glare or heavy truck traffic, or to involve any hazard of fire, explosion, or to emit electrical disturbances which adversely affect commercial or electronic equipment outside the boundaries of the site. c. No solid or liquid wastes shall be discharged into a public or private sewage disposal system except in compliance with the regulations of the owners of the system, and local, state and federal agencies that regulate disposal of these wastes.
d. In the Industrial Zones, all uses shall be subject to the regulations of local, state and federal air quality agencies.
41-1
Special Uses
Sections
25-41.1 Purpose
25-41.2 Home Occupations
25-41.3 Mixed Uses
25-41.4 Service Stations
25-41.5 Temporary Uses
25-41.6 Caretaker Facilities
25-41.7 Temporary Modular Structures
25-41.8 Recycling/Buyback Centers
25-41.9 Accessory Dwelling Units
25-41.10 Wireless Telecommunication Equipment
25-41.11 Sexually Oriented Businesses
25-41.12 Outdoor Storage Yards
25-41.13 Marijuana cultivation, manufacturing, testing, transportation and distribution
25-41.9 Accessory Dwelling Units
a. Purpose and intent. This section is intended to meet the requirements of State law in providing for Accessory Dwelling Units ("ADUs") and Junior Accessory Dwelling Units ("JADUs") as required by and in compliance with Government Code Section 66310-66342, (as the Government Code may be amended from time to time). The standards established by this section shall be interpreted and applied consistent with the standards set forth in Government Code Section 66310-66342. If different or conflicting requirements or standards exist, the more restrictive requirements or C H A P T E R 41
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standards shall apply, but only to the extent such requirement or standard does not conflict with the requirements and standards provided in Government Code Section 66310-66342.
b. Determinations: ADUs and JADUs are residential uses. ADUs and JADUs that comply with this section are considered accessory uses and accessory buildings and therefore do not exceed the allowable density for the lots upon which ADUs and JADUs are located. ADUs and JADUs that comply with this section are considered to be consistent with the general plan and zoning designations for the lot.
ADUs and JADUs, and the availability to construct ADUs and JADUs, will be counted for purposes of identifying adequate sites for housing in the City's Housing Element.
c. Standards: ADUs and JADUs are subject to the normal requirements of the zoning district where the ADU and/or JADU will be constructed. Unless otherwise stated in this section, the requirements and standards of the Zoning Code (Chapter 25) and the Building and Housing Code (Chapter 8) that apply to the lot and the primary dwelling shall apply to any ADU and/or JADU, including parking, height, setback, open space, landscape, and architectural review, and the requirements and standards that apply to detached dwellings and accessory structures generally.
All ADUs and/or JADUs shall be established and maintained in conformity with the following standards:
1. Zoning:
ADUs and JADUs are allowed on single-family and multi-family lots in all residential zoning districts, including all zones where residential uses are permitted. ADUs and JADUs are not permitted in nonresidential zoning districts where residential uses are not allowed. Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned development, and any provision of a governing document that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets the requirements of Section 63314-66332 of the Government Code, is void and unenforceable.
2. Construction of ADUs/JADUs:
ADUs may be constructed within or as an addition to an existing or proposed single-family residential dwelling unit, or as a separate free-standing accessory structure, or converted from an existing accessory structure. JADUs may be constructed within an existing or proposed single-family residential dwelling unit, provided the JADU has a separate entrance from the existing residence. ADUs and JADUs must be constructed consistent with development standards of the zone in which the unit is located, and with the requirements of this subsection.
JADUs shall include a separate bathroom from the main residence, or access into the main structure containing a bathroom that is not from the main entrance as described in Government Code Section 66333(e)(2). JADUs shall include a cooking facility with appliances, a food preparation counter and cabinetry that are Firebaugh Zoning Ordinance
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of a reasonable size for food preparation, pursuant to Government Code Section 6633(f). ADUs may be site-built structures, or converted from existing structures, or manufactured homes as defined by Section 18007 of the Health and Safety Code. Mobile homes, trailers and recreational vehicles are not permitted to be used as ADUs.
3. Number of Units:
One ADU and one JADU are allowed per single family residential lot.
Lots with existing multifamily dwellings may construct up to eight detached ADUs, however, the number of accessory dwelling units shall not exceed the number of existing units on the lot,
Lots with existing multifamily dwellings may construct up to 25% of the number of existing multifamily dwelling units in non-livable space (e.g., storage rooms, boiler rooms, passageways, attics, basements, or garages) within an existing multifamily dwelling.
On a lot with a proposed multifamily dwelling, not more than two detached accessory dwelling units are permitted.
4. Yards: An ADU shall comply with yard requirements of the subject zone, except that a setback of four feet from the side and rear lot lines is permitted for a detached ADU.
5. Space between buildings: An ADU shall be located no closer than 10 feet to any other residential building on the same parcel, and not less than six feet from any accessory building.
6. Building height:
ADUs shall be limited to one story and 16 feet in height for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit.
ADUs shall be limited to a height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half mile walking distance of a major transit stop or a highquality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. An additional two feet in height shall be permitted to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.
ADUs shall be limited to height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling.
7. Unit size:
For detached ADU's the following size restrictions apply:
(a) One bedroom unit: Unit may contain up to 850 square feet of floor area, maximum.
(b) Two bedroom unit: Unit may contain up to 1,000 square feet of floor area, maximum.
(c) More than two bedrooms: Unit may contain up to 1,200 square feet of floor area, maximum.
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For attached ADU's the maximum permitted size is 50% of the floor area of the primary dwelling unit, up to 800 square feet, maximum.
Notwithstanding the foregoing standards, an ADU (whether detached or attached) shall not be less than 220 square feet in size.
For a JADU the maximum permitted size is 500 square feet of floor area.
Further, a JADU shall not be less than 220 square feet in size.
8. Parking:
There shall be one paved on-site parking space for an ADU, (except as allowed by Government Code Section 66322. Parking is not required for JADUs pursuant to Government Code Section 66334. The required parking space shall be a minimum of nine feet wide and 20 feet deep and constructed to City standards.
The space shall be in addition to on-site parking spaces required for the primary dwelling on the lot. The parking space for the ADU may be situated as a tandem parking space within an existing driveway, provided that parking space requirements are maintained for the primary dwelling unit. If additional paved parking is required to accommodate an ADU, it shall not be located within a required front yard, except within a legal driveway that is not wider than necessary to accommodate two parking spaces side by side; however, said parking space may be located within required side or rear yards.
9. Architectural appearance:
The ADU design shall match that of the primary dwelling unit in terms of siding materials and color, window types, roofing pitch and materials. If attached to the primary dwelling unit, an ADU shall be attached in a manner that the addition will create the appearance of an enlargement of the primary dwelling unit, and a logical extension of roof and walls of the primary dwelling unit, rather than give the appearance of an add-on unit.
10. Building Code:
An ADU unit shall be subject to all applicable building, fire, health and safety codes.
11. Occupancy:
A certificate of occupancy must be issued for the primary dwelling unit before a certificate of occupancy is issued for an ADU or JADU on the lot. Owneroccupancy is not required for ADUs. Owner-occupancy is required for a singlefamily residence with a JADU. The owner of the subject property at the time of the application for a JADU and all future owners of the property shall reside in the single-family residence or JADU. A covenant, in a form approved by the City Attorney, running with the land between the City and the applicant shall be recorded with the Fresno County recorder's office prior to the issuance of any building permits, requiring that the primary or proposed JADU shall be occupied by the owner of the property.
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 (in the case of a single family lot), or from the lot and all of the dwellings (in the case of a multiple dwelling lot), except when built by a qualified nonprofit corporation, Firebaugh Zoning Ordinance
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as authorized by Government Code section 66341. Rentals of ADUs and/or JADUs must be for at least 30 days.
12. Access:
In order to preclude the appearance of a duplex unit, access to ADUs and JADUs shall be by an exterior doorway located on the side or rear of the ADU or JADU.
In no case shall the entrance be visible from a public street right-of-way.
13. Utilities:
Adequate provisions shall be made for the water and sewer service and drainage generated by the occupancy of the ADU/JADU, as determined by the City Engineer. The ADU/JADU can either have shared or separate services for electric, gas, sewer, and water.
14. Existing dwellings:
.
Property owners of an unpermitted ADUs and JADUs as described in Government Code Section 66331 built before January 1, 2020, may apply for a permit, and any necessary permits in order to correct non-compliance, and shall not be penalized for non-compliance for the unpermitted structure pursuant to Government Code Section 66332.
15. Connection, Impact, and other Fees:
Except as provided in Government Code Section 66313, ADUs and JADUs are subject to all fees and assessments required by the Municipal Code for new residential construction, including connection fees, capacity charges, and impact fees.
An inspection fee shall be assessed for any inspection to determine if an ADU or JADU complies with applicable building standards.
16. Exceptions:
All of the standards provided in this Section may be relaxed or waived in order to allow construction of an attached or detached ADU that is not more than 800 square feet and not more than 16 feet in height with at least four-foot side and rear yard setbacks, provided that the ADU is constructed in compliance with all Fire and Building and Housing Code requirements and standards of the Zoning Code. (See Government Code Section 66321.)
ADUs and/or JADUs described in Government Code Section 66323 shall be permitted.
17. Permit process:
The applicant shall submit a building permit application for the construction of an ADU and/or JADU. An application, together with the required fee in compliance with the City's Fee Schedule, shall be filed with the Department and accompanied by detailed and fully dimensioned plans, architectural drawings/sketches, elevations, floor plans, landscape plans, and/or any other data/materials identified in the Department handout for ADU/JADU applications. Following receipt of a completed application, the Planning Director or his designee shall review the application to determine whether it complies Firebaugh Zoning Ordinance
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with the requirements of this section and ministerially approve a compliant application.
A permit application for an ADU or a JADU shall be considered and approved ministerially without discretionary review or a hearing. The City shall act on the application to develop an ADU or a JADU within 60 days, or 30 days for preapproved standard ADU and JADU plans made available by the City. If the permit application to develop an ADU or a JADU is submitted with a permit application to construct a new single-family dwelling on the lot, the City may delay acting on the permit application for the ADU or the JADU until the City acts on the permit application to construct the new single-family dwelling. The applicant may request a delay in the time available for the City to act on the application, as provided by State law.
45-1
Auto and Bicycle Parking and
Loading
Sections
25-45.1 Purpose
25-45.2 General Requirements
25-45.3 Number of Parking Spaces Required by Use
25-45.4 Parking Lot Design Standards and Location Criteria 25-45.1 Purpose
The purpose of this chapter is to provide parking, bicycle and loading regulations for new and expanded development and land uses in Firebaugh. This chapter will also serve to:
provide accessible, attractive, secure, and well maintained parking (auto and bicycle) and off-street loading facilities; provide parking and loading facilities that are designed to reduce traffic congestion; minimize the impact of new development on parking and loading facilities on surrounding properties; ensure the maneuverability of emergency vehicles in parking facilities and provide for loading and delivery services in proportion to the needs generated by the proposed land use which are clearly compatible with adjacent parcels and the surrounding neighborhood.
25-45.2 General Requirements
a. No building shall be constructed or use established unless off-street auto and bicycle parking and loading spaces are provided in accordance with the provisions of this chapter unless otherwise exempted by this chapter. b. When an existing use or building is enlarged and requires additional parking and loading under the provisions of this chapter, said improvements shall be provided on the subject site or the developer shall provide an in lieu parking fee consistent with the provisions in this chapter.
c. For every ten auto parking spaces provided for commercial and industrial uses the project shall provide one bicycle parking space.
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c. For uses not listed in this chapter, the Planning Director shall determine a parking and loading standard for the use based on the operational, size and locational characteristics of the use and the standards that similar cities apply to said use. d. Fractional space requirements shall be rounded up when the fractional number is
0.5 or more and shall be rounded down when the fractional number is less than
0.5. e. In any residential district, all inoperable motor vehicles shall be stored in a garage, carport or outside of the front yard setback area. 25-45.3 Number of Parking Spaces Required
The minimum number of parking spaces (or stalls) required for new uses or buildings or the expansion of existing buildings or uses are detailed below, except that the number of on-site parking spaces required for uses in the C-2 District may be reduced by up to 100% of the parking requirement for the particular use, as shown in Chapter 25-45 Parking and Loading, however where the reduction results in more than 25 spaces, the use shall require a Conditional Use Permit, consistent with Chapter 25-51 Conditional Use Permits.
a. Residential uses
1. Single family residence: two covered stalls per unit. “Covered” shall mean either a garage or carport.
2. Accessory Dwelling Unit: See section 25.41.9(c)(8) for parking standards.
3. Condominium unit
(a). One bedroom: one covered stall per unit
(b). Two or more bedrooms: two covered stalls per unit
4. Specialized housing
(a). Emergency shelters: one stall per employee (by shift). (b). Residential care facilities: one stall per employee per shift. (c). Transitional housing: one stall per employee per shift.
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(d). Supportive housing: one stall per employee per shift). (e). Low Barrier Navigation Center: one stall per employee per shift). (f). Single Room Occupancy (SRO) units: one stall per bedroom plus one stall per employee per shift).
(g). Labor camps: one stall per living unit
(h). Nursing homes: one stall for every three beds
(i). Family and group day care homes: one stall for every three beds
5. Multiple family units: 1.5 stalls per unit half of which shall be covered
6. Senior housing: one covered stall per unit
7. Mobile home parks: two covered stall per unit; tandem parking permitted, plus one guest space per two mobile homes.
8. Trailer parks: one stall per trailer pad
9. Motels and hotels: one stall per room.
10. Convalescent home: one stall per three beds
a. Office Uses
1. Medical and dental offices: one stall per 250 sq. ft. of building area, plus one bicycle space per ten vehicle spaces.
2. Professional offices, including insurance, specialized consultants, law, travel, real estate, accountants, financial advisors and architects: one stall per 250 sq. ft. of building area, plus one bicycle space per ten vehicle spaces.
c. Personal Services
1. Banks, savings and loan, check cashing, credit unions, and similar offices:
one stall per 200 sq. ft. of building area, plus one bicycle space per ten vehicle spaces.
2. Self-service laundry: one stall for every three machines, plus one bicycle space per ten vehicle spaces.
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3. Barber/beauty shops, day spas, massage therapists and hair stylists: two stalls per station, plus one bicycle space per ten vehicle spaces.
4. Funeral home, mortuaries: one stall for every 50 sq. ft. of building area d. General Commercial Uses.
1. Retail stores including clothing, shoes, stationary, sporting goods, kitchen wares, gift shops, book stores and beauty supplies: one stall per 350 sq.ft. of building area, plus one bicycle space per ten vehicle spaces.
2. Convenience stores: one stall per 200 sq. ft. of building area, plus one bicycle space per ten vehicle spaces.
3. Furniture, hardware and appliance stores: one stall per 600 sq. ft. of building area, plus one bicycle space per ten vehicle spaces.
4. Grocery stores: one stall per 300 sq. ft. of building area, plus one bicycle space per ten vehicle spaces.
5. Antique and second-hand shops: one stall per 350 sq. ft. of building area, plus one bicycle space per ten vehicle spaces.
6. Auto parts: one stall per 500 sq. ft. of building area, plus one bicycle space per ten vehicle spaces.
e. Eating and Drinking Establishments
1. Coffee and tea establishments, candy shops and bakeries: one stall per 100 square feet of building area, plus one bicycle space per ten vehicle spaces.
2. Restaurants (other than fast food): one stall per four seats, plus one bicycle space per ten vehicle spaces.
3. Fast food establishments: one stall per 100 sq. ft. of building area, plus one bicycle space per ten vehicle spaces.
4. Donut shops: one stall per 100 square feet of building area, plus one bicycle space per ten vehicle spaces.
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5. Sandwich shops and delicatessens: one stall per 100 square feet of building area, plus one bicycle space per ten vehicle spaces.
6. Sports bars: One stall per three seats, plus one bicycle space per ten vehicle spaces.
7. Bars: one stall per three seats, plus one bicycle space per ten vehicle spaces.
f. Service Commercial Establishments
1. Tire, brake, radiator, and auto repair shops: one stall per 200 square feet of building area, plus one bicycle space per ten vehicle spaces.
2. Multi-tenant auto-related shops: one stall per 200 square feet of building area, plus one bicycle space per ten vehicle spaces.
3. Full-service car washes: one stall per 200 sq. ft. of building area, plus one bicycle space per ten vehicle spaces.
4. Self-service car washes: one parking stall per bay
5. New/Used-car sales: one parking space for each two employees during the time of maximum employment, plus one parking space for each two thousand (2,000) square feet of lot and building area used for the display or storage of automobiles, plus one bicycle space per ten vehicle spaces..
6. Oil change shops: one stall per bay, plus one bicycle space per ten vehicle spaces.
7. Service stations: one stall per 300 sq. ft. of building area, plus one bicycle space per ten vehicle spaces.
8. Auto glass, upholstery and stereo shops: one stall per 200 sq. ft. of building area, plus one bicycle space per ten vehicle spaces.
9. Paint and body shop: one stall per 200 square feet of building area, plus one bicycle space per ten vehicle spaces.
10. Wholesale establishments: one stall per 600 sq. ft. of building area, plus one bicycle space per ten vehicle spaces.
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g. Recreation Uses
1. Health clubs: one stall per 100 sq. ft. of building area, plus one bicycle space per ten vehicle spaces.
2. Bowling alleys: one stall per 100 sq. ft. of building area, plus one bicycle space per ten vehicle spaces.
3. Dance and martial arts studios: one stall per 100 sq. ft. of building area, plus one bicycle space per ten vehicle spaces.
4. Golf courses: 1.5 stalls per tee plus one stall for every four seats, plus one bicycle space per ten vehicle spaces.
6. Stadiums, arenas, and other outdoor facilities: one stall for every five seats, plus one bicycle space per ten vehicle spaces.
7. Video arcades: one stall per 100 sq. ft. of building area, plus one bicycle space per ten vehicle spaces.
8. Rodeo and equestrian facilities: one stall for every five seats, plus one bicycle space per ten vehicle spaces.
9. Miniature golf course: 1.5 stalls per tee, plus one bicycle space per ten vehicle spaces.
h. Miscellaneous Commercial
1. Retail nursery/garden shops: one stall for every 1,000 sq. ft. of outdoor display area, plus one bicycle space per ten vehicle spaces.
2. Agricultural Chemicals/Sales: one stall per 500 sq. ft. of building area, plus one bicycle space per ten vehicle spaces.
3. Agricultural Services, including topping, farming operations, trucking, farm maintenance, spraying, agricultural contractors, and contract farming: one stall per 500 sq. ft. of building area, plus one bicycle space per ten vehicle spaces.
4. Farm machinery, sales and service: one stall per 500 sq. ft. of building area, plus one bicycle space per ten vehicle spaces.
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i. Industrial Uses
1. Manufacturing: one stall per 500 sq. ft. of building area, plus one bicycle space per ten vehicle spaces.
2. Fabrication: one stall per 500 sq. ft. of building area, plus one bicycle space per ten vehicle spaces.
3. Mini-storage: two stalls plus one stall for every 250 sq. ft. of building area
4. Warehousing: one stall per 1,000 sq. ft. of building area, plus one bicycle space per ten vehicle spaces.
5. Packing house: one stall per 750 sq. ft. of building area, plus one bicycle space per ten vehicle spaces.
j. Institutional Uses.
1. Churches: one stall per four seats, plus one bicycle space per ten vehicle spaces.
2. Schools
(a) Nursery and pre-schools: one stall per classroom plus one stall for every 250 sq. ft. of non-classroom building area, plus one bicycle space per four students.
(b) Elementary and middle schools: one stall per two classrooms plus one stall per staff member, plus one bicycle space per four students.
(c) High schools: three stalls for every two staff members, plus one bicycle space per four students.
(d) Colleges: one parking space for each employee plus ten parking spaces for each classroom, plus one bicycle space per four students.
3. Libraries, museums and art galleries: one stall per 500 sq. ft. of building area, plus one bicycle space per ten vehicle spaces.
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4. Hospitals: one stall per bed, plus one bicycle space per ten vehicle spaces. k. Government
1. Governmental centers: one stall per 400 sq. ft. of building area, plus one bicycle space per ten vehicle spaces.
2. Courthouses: one stall per 400 sq. ft. of building area, plus one bicycle space per ten vehicle spaces.
3. Public safety buildings: one stall per 400 sq. ft. of building area, plus one bicycle space per ten vehicle spaces.
4. Corporation, transportation and fuel yards: one stall per 500 sq. ft. of building area
5. Wastewater treatment facilities: one stall per 400 sq. ft of building area
6. Water treatment facilities: one stall per 400 sq. ft. of building area
25-45.4 Parking Lot Design Standards and Location Criteria a. Design Dimensions
Parking lots shall be designed to be consistent with the standards, dimensions and requirements of the details contained in Exhibit 45-1. The construction of parking lots shall be consistent with the improvements standards contained in Firebaugh’s Improvements Manual.
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Exhibit 45-1: Parking Design
b. Circulation
Parking lots shall be designed so that backing into a public street from a parking stall shall be minimized in order to maintain effective traffic flow along the public street.
Single family dwellings will be exempt from this requirement. The use of alleys to access parking lots shall be encouraged.
Commercial parking lots shall be designed to allow for cross parcel access (to the extent practical) to preclude vehicles from having to travel onto the street to access adjacent parcels.
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c. Paving, Slope and Drainage
All parking lots shall be constructed with a 4-inch aggregate base and a 2-inch asphalt or concrete overlay, described in the Firebaugh Improvements Manual. Parking lots shall be sloped so that storm water runoff flows towards public streets or alleys, into on-site landscape planters or bioswales or into pervious hardscape features. d. Curbing and Wheel Stops
Concrete curbing shall be provided around all parking lots and landscape planters consistent with the Firebaugh Improvements Manual. Wheel stops may be provided in parking stalls to ensure that the overhang of a vehicle does not interfere with pedestrian movements along a sidewalk, or damage landscaping adjacent to the parking lot. e. Striping and Symbols
Parking lot stalls and travel lanes shall be clearly marked with painted strips. Parking stalls for handicapped persons shall be stripped and provided with the appropriate symbols and signage that are consistent with the American Disabilities Act (see Exhibit 45-2).
Exhibit 45-2: Striping and Handicap Space Design Standards Firebaugh Zoning Ordinance
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f. Lighting
All parking lots shall have pole lighting that property illuminates the parking lot but does not cause a nuisance for adjoining properties.
g. Driveways
Driveways from a public street or alley shall have locations and dimensions consistent with the Firebaugh Improvements Manual. For one-way driveways the width of the driveway shall be 15 feet; two-way driveways shall have a minimum width of 25 feet. h. Landscaping (see also Exhibit 45-3)
All parking lots shall be landscaped in accordance with the requirements in Chapter 25- 43 (Landscaping and Irrigation). Trees shall be planted within all parking lots. Tree species shall be selected that will not cause damage to the parking lot or adjacent sidewalks, driveways or curbing, and will shade more than 50 percent of the parking lot within ten years. Landscape planters between the parking lots and public streets shall be planted with low hedges. As an alternative, a low wall (three feet) may be constructed and shrubs, turf or ground cover may be planted between the wall and the street.
Exhibit 45-3: Typical Parking Lot Landscaping Scheme
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i. Location Criteria
Parking lots shall be located on the same property as the building they serve, except that parking for buildings in the Central Commercial (C-2) district may be located within 300 feet of the subject property. In the C-2 district, parking lots shall be located at the rear or side of the subject building. Parking lots shall not be located on the corner where two streets intersect.
j. Shared Parking
Where two or more non-residential uses share a single parking lot, the number of required parking spaces may be reduced by a maximum of 20 percent, as long as the total number of spaces is not less than the required for the use requiring the largest number of spaces.
Where non-residential uses share a single parking lot and it can be demonstrated that the uses operate at different times of the day (an evening use versus a day-time use), the required number of parking spaces may be reduced by up to 50 percent of the combined parking requirements of the two uses.
k. Parking in Lieu Fee
For development in the downtown (generally defined as the area bounded by N Street on the west, Fourteenth Street on the south, Q Street on the east, and 8th Street on the north) the City may establish an in-lieu parking fee, whereby uses that cannot provide required parking on site can pay the City a fee for the City to use to purchase and develop public parking facilities within the area. The fee shall be established based on a study performed by the City Engineer, and adjusted annually.
l. Bicycle Parking
Commercial, industrial and public uses are subject to the following bicycle parking standards:
1. Short-term bicycle parking. If the project will generate frequent visitor traffic (such as fast food restaurants, banks, convenience stores, supermarkets and similar uses) the project shall provide a permanently anchored bicycle rack within 200 feet of the visitors’ entrance, at a ratio of one two-bike capacity rack for each 20 motorized vehicle parking spaces, with a minimum of one two-bike capacity rack.
2. Long-term bicycle parking. Buildings with over 10 tenant-occupants or a floor area of 20,000 square feet or more shall provide secure bicycle parking at a ratio of one two-bike capacity rack for each 20 motorized vehicle parking spaces with a minimum of one two-bike capacity rack.
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3. Acceptable parking facilities shall be convenient from the street and may include:
(a) Bicycle parking space size (eight feet long, three feet wide) (b) Bike rack type (should be U-lock compatible).
(c) Bicycle parking shall be safe, visible, and convenient. m. Parking Standard Modifications
Parking space requirements may be modified through Firebaugh’s minor deviation process. A reduction of up to 20 percent in a project’s required parking spaces may be approved by the Planning Director if the following findings can be made:
1. That the granting of the minor deviation will not create a safety hazard or lead to a condition where the loading of public vehicles onto public streets will interfere with the free flow of traffic on these streets.
2. That the granting of the minor deviation will not create a safety hazard of any other condition inconsistent with the objectives of the Zoning Ordinance.
n. Handicapped Parking Spaces
Handicapped parking stalls shall be provided per the Uniform Building Code.
Handicapped parking stalls shall be designed consistent with the illustrations shown in Exhibit 45-2.
o. Loading Facilities
1. Commercial, industrial, office, institutional, and public uses exceeding 10,000 square feet in size shall be required to install an off-street loading facility unless the Planning Director finds that due to the operational nature of the use, none or more than one off-street loading space should be required.
2. To the extent possible, loading facilities should be located at the rear or side of the building that they are to serve.
3. Streets and alleys shall not be used as loading or unloading areas, nor shall trucks use streets and alleys for maneuvering trailers into a loading space.
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4. Loading facilities, at a minimum, shall have a length of 25 feet, a width of 12 feet, and an overhead clearance of 14 feet. All loading surfaces shall be paved consistent with Firebaugh’s Improvements Manual.
5. Where a loading facility is near or adjacent to a residential district or other noise-sensitive land uses, noise attenuating design measures will be incorporated into the project. These design measures could include increased setback distances, the construction of a 7-foot solid block wall, landscaping or locating the loading facilities away from noise-sensitive land uses.
6. All loading facilities shall be lighted to provide adequate illumination of the loading area for safety and security reasons. Where a loading area is near or adjacent to a residential district or other light-sensitive uses, the lighting shall be directed away from these uses.
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Definitions
Sections
25-67.1 Purpose
25-67.2 Objectives
25-67.3 Definitions
25-67.1 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. 25-67.2 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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25-67.3 Definitions
“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. “Acre” shall mean a measure of land area containing 43,560 square feet. “Accessory dwelling unit” 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. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the singlefamily or multifamily dwelling is or will be situated. An accessory dwelling unit also includes an efficiency unit and a manufactured home, as defined in Section 18007 of the Health and Safety Code.
“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.
“Administrative Agreement” shall mean an agreement duly executed and legally binding between the City of Firebaugh, prepared and signed by the Planning Director, and the applicant for a minor planning request. The agreement will delineate the terms and conditions agreed upon by the two parties.
“Adjacent to” shall mean properties which are next to each other sharing a common property line.
“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.
“Aggregate Area” means the total area of all permanent signs on the premises. This definition pertains to “Signs” (see Chapter 25-47).
“Agricultural Accessory Structures” means those uses and structures customarily incidental and subordinate to the agricultural use of the land, including: barns, storage Firebaugh Zoning Ordinance
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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 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. "Airport" shall mean any area which is used or is intended to be used for the taking off and landing of aircraft, including helicopters, and any appurtenant areas which are used or are intended to be used for airport buildings or facilities, including open spaces, taxiways, and tie-down areas.
“Alley” shall mean a public way permanently reserved as a secondary means of vehicular access to abutting property.
“Alter” shall mean to make any change in the supporting or load bearing members of a building, such as bearing walls, columns, beams, girders or floor joists, which will prolong the life of the structure.
"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.
“Amusement Machine” shall mean any mechanical or electronic machine, apparatus, contrivance, appliance, or device which may be operated or played upon the placing or depositing therein of any coin, check, slug, ball, or any other article or device, or by paying therefore either in advance of or after use, involving in its use either skill or chance, including but not limited to a tape machine, card machine, pinball machine, bowling game machine shuffleboard machine, marble game machine, horse racing machine, basketball game machine, baseball game machine, football game machine, an electronic video game, or any other similar machine or device except for a billiard or pool table, music machine, or a merchandise vending machine. “Ancillary Use” shall mean a use incidental to and customarily associated with a specific principal use, located on the same lot or parcel.
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“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. “Anti-Drain Valve (Check Valve)” shall mean a valve located under a sprinkler head to hold water in the system so it minimizes drainage from the low elevation sprinkler heads. "Applicant" shall mean a person who is required to file an application for a permit under this section.
“Application Rate” shall mean the depth of water applied to a given area, usually measured in inches per hour.
“Arbors and Trellises” means ornamental landscape features designed to display and support landscape plantings. They typically consist of an open, lattice-work design constructed of wood, metal, or other lightweight material. “Arcade” shall mean a place of business having four (4) more amusement machines. “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 Fresno. “Automatic Controller” shall mean a mechanical or solid timer, capable of operating valve stations to set the days and length of time of a water application for irrigation.
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“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. “Backflow Prevention Device” shall mean a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from an irrigation system.
“Banner” means any cloth, bunting, plastic, paper, or similar material attached to, or appended on or from any structure, staff, pole, line, or framing upon which there is an advertising message. This definition pertains to “Signs” (see Chapter 25-47). “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) shall mean a building or group of buildings providing fifteen or fewer bedrooms or suites that are rented for overnight lodging, with a common dining area for guests.
“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. "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.
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“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 Front” shall mean the wall of the business with the primary public entrance.
This definition pertains to “Signs” (see Chapter 25-47). "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 Firebaugh 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 combination of these items. Roof coverings may be constructed of various materials such as canvas, vinyl, metal sheeting or similar materials.
“Cellular” shall mean an analog or digital wireless telecommunications technology that is based on a system of interconnected neighboring cell sites. "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.
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“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 Firebaugh.
"City manager" shall mean the city manager of the City of Firebaugh. “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.
“Co-Location” shall mean the location of two or more wireless communication facilities on a single support structure. Co-location shall also include the location of wireless communication facilities with other facilities, including water tanks, light standards, and buildings.
“Combining Districts” (Overlay Districts) means zones or geographical areas in Firebaugh 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 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 Marijuana Operation" or "Marijuana Operation" shall mean any commercial marijuana activity allowed under the “Adult Use of Marijuana Act” (AUMA) and the implementing regulations, as AUMA and the implementing regulations may be amended from time to time, and all uses permitted under any subsequently enacted State law pertaining to the same or similar uses for recreational cannabis.
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“Commercial Marijuana Permit” shall mean the blanket permit to operate deemed to have been granted upon completion of Registration.
“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 Firebaugh.
“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.
“Communication Tower” shall mean any structure which is used to transmit or receive electromagnetic radio frequency waves or that supports such a device. “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. “Copy” means any graphic, letter, numeral, symbol, insignia, text, sample, model, device, or combination thereof which relates to advertising, identification, or notification. This definition pertains to “Signs” (see Chapter 25-47).
"Council" and "city council" shall mean the city council of the City of Firebaugh.
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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 Fresno.
"County recorder" shall mean the county recorder of the County of Fresno. “COW” shall mean a “cell on wheels,” which is a wireless telecommunications facility temporarily rolled in or temporarily installed.
"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.
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“Density Bonus” shall mean a density increase over the otherwise maximum allowable gross residential density as of the date of application by the applicant to the city, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density. The amount of density increase to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in Government Code Section 65915. “Developer Incentives or Concessions” means a reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable and actual cost reductions, to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Government Code Section 65915. “Developer waiver” means reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria at the densities or with the concessions or incentives permitted in Government Code Section 65915. The City shall not provide a waiver to reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in Government Code Section 65589.5, upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. Additionally, the City shall not provide a waiver to reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources, or to grant any waiver or reduction that would be contrary to state or federal law. “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 Firebaugh 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.
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“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.
“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. “Dwelling unit, second” shall mean an attached or detached residential dwelling unit, which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation and shall be located on the same lot as the existing single family dwelling is situated. Second dwelling units shall be consistent with the requirements of subsection 25-41 of this title. "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 Firebaugh Zoning Ordinance
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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” or “Emergency Shelter” means housing with minimal supportive services for people experiencing homelessness that is limited to occupancy of six months or less by a homeless person, as defined in Section 50801 of the California Health and Safety Code. Medical assistance, counseling, and meals may be provided. No individual or household may be denied emergency shelter because of an inability to pay. Emergency housing and emergency shelter shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.
"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 or other compensation by the operation of said business. This definition pertains to “Sexually Oriented Businesses” (see Zoning Ordinance Section 25-41.11). "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 for up to six unrelated persons per dwelling is permitted in the same manner as other single-family structures of the same type in the same zone, in all zones that allow residential uses. 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 Permit" shall mean the permit required under this section for every employee or independent contractor working at a Commercial Marijuana Operation or involved in transportation/delivery related services for a Commercial Marijuana Operation. "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 Firebaugh Zoning Ordinance
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public utilities or municipal departments or commissions, or for the public health or safety or general welfare.
"Establishment" means and includes any of the following: (this definition pertains to “Sexually Oriented Businesses” (see Zoning Ordinance Section 25-41.11):
(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. “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 Fresno 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 in a dwelling unit. “Farm Employee Housing” (Labor Camp): Means living quarters, including dwellings, sleeping accommodations and dining facilities, maintained for occupancy by persons employed principally in farming and related pursuits on land owned, leased or rented by the owner, lessee or tenant of the site on which the farm employee housing is located; excepting a labor camp and trailer park. Agriculture employee housing complexes for twelve (12) single-family units or thirty-six (36) beds in group quarters are permitted in the M-1 zone and M-2 zone, pursuant to California Health and Safety Code 17008. “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. “Focus Structure” shall mean any structure or building having significant historical/cultural, architectural, archaeological, or aesthetic significance. Focus structures are of good to excellent quality and should be considered for local recognition and protection to encourage wide management of this resource.
“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 Firebaugh Zoning Ordinance
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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.
“Garage, Repair” shall mean a commercial structure or part thereof other than a private garage where motor vehicles are repaired or painted.
“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. "Garbage" shall mean any waste food material of an animal or vegetable nature, including that which may be used for the fattening of livestock. "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. “Guest House” means living quarters within an accessory structure for use by temporary guests of the occupants of the premises, having no kitchen or cooking facilities and not rented or otherwise used as a separate dwelling.
"Hedge" shall mean a plant or series of plants, shrubs, or other landscaped material, so arranged as to form a physical barrier or enclosure.
“Height of Sign” means the vertical distance from the uppermost point used in measuring the area of a sign to ground level of the foundation of the sign. “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. “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 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 Firebaugh Zoning Ordinance
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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 Fresno 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 Fresno 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.
"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 Firebaugh Zoning Ordinance
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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.
“Housing Development” means one or more groups of residential projects that each has more than five units.
“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.
“Infrastructure” means facilities and services needed to sustain urban development and activities. Infrastructure includes water and sewer lines, streets and roads, communications, storm drainage improvements, water wells and waste water treatment facilities.
“Institution” shall mean all governmental, religious, and charitable organizations. “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
“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 Firebaugh Zoning Ordinance
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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” means living quarters including dwellings, tents, bunkhouses, maintenance of way cars, trailer coaches or other housing accommodations, maintained in connection with any work or place where work is being performed and the site on which they are located, and/or a site set aside and provided for camping of five (5) or more employees by a labor contractor; excepting farm employee housing as defined in this chapter Section.
“Landscaping” shall mean the addition of lawns, trees, plants, and other natural and decorative features to land.
"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.
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“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.
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 Center” means a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low Barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
1. The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
2. Pets.
3. The storage of possessions.
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4. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
“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.
“Marijuana Business Operator” shall mean the Commercial Marijuana Operation Business Owner and any other person designated by the Marijuana Operation Business Owner as responsible for the day to day Marijuana Operations. “Marijuana Operation Business Owner” shall mean the owner(s) of the Marijuana Operation. For corporations and limited liability companies, Business Owner means the President, Vice President, and any shareholder owning a 10% or greater share of the corporation or company. For partnerships, Marijuana Operation Business Owner means all general partners and managing partners.
“Marijuana Ordinance” shall mean the ordinance adopting this section, and including the terms of this section, which may be commonly referred to as the City’s “Commercial Marijuana Ordinance”.
"Marijuana Premises" or “Site” shall mean the actual building(s), and/or designated units/suites, as well as any accessory structures, parking areas, or other immediate surroundings, and includes the entire parcel of property. “Marijuana Premises Owner” shall mean all owners of the Premises where Marijuana Operations are occurring.
“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.
“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. “Median Island” shall mean a barrier placed between lanes of traffic flowing in opposite directions.
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“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. “Medical Marijuana Dispensary” means any facility or location, whether fixed or mobile, where medical marijuana is made available to, distributed by, or distributed to one or more of the following: (1) a qualified patient, (2) a person with an identification card, or (3) a primary caregiver. All three of these terms are defined in strict accordance with California Health and Safety Code sections 11362.5, and 11362.7, et seq. seq. Unless otherwise regulated by this Code or applicable law, a “medical marijuana dispensary” shall not include the following uses: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code sections 11362.5 and 11362.7 et seq.” Medical Marijuana Dispensaries are prohibited in all zones in Firebaugh. “Mile” shall mean a linear measurement equal to 5,280 feet, or 1.6 kilometers. “Minor Deviation” shall mean a reduction of a zoning standard by up to 20% that can be processed administratively.
“Minor Planning Request” shall mean the temporary use of a structure or land, a deviation from a development standard of a district, addition of uses to a conditional use list, site plans for existing land uses, where the existing building is being expanded by less than 25 percent of the area of the building or use, or other minor planning requests that might be added to this chapter by the Planning Commission. “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. Mobilehome 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 Firebaugh Zoning Ordinance
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recreation facilities; meeting rooms; parking lots for boats, recreational vehicles, and other vehicles; administrative offices and other accessory structures associated with mobilehome parks.
“Monopole” shall mean a structure composed of a pole or tower used to support antennas or related equipment. A monopole also includes a monopine, monopalm and similar monopoles camouflaged to resemble faux trees or other faux objects attached on a monopole (e.g. water tower).
“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. “Mural” shall mean a permanent picture painted directly on an exterior wall or on panels affixed to exterior walls.
“Mural Project Permit” shall mean a permit issued by the City of Firebaugh to a private party authorizing the painting of a mural within the City of Firebaugh. “Neighborhood” shall mean an area of a community with characteristics that distinguish it from other community areas and which may include distinct ethnic or economic characteristics, schools or boundaries defined by physical barriers such as major highways, railroads, or natural features such as rivers. “Noise” means any undesired audible sound.
"Non-Commercial and Recreational Marijuana Activity" shall mean all uses not included within the definition of Commercial Marijuana Operation, including the personal use, cultivation, or consumption of marijuana, whether medical or recreational. “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 Firebaugh Zoning Ordinance but which, does not conform with the current use regulations for the district in which it is located.
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“Non-Conforming, Structure” shall mean a non-conforming structure is a structure that was lawfully erected prior to the adoption of the Firebaugh Zoning Ordinance (Ordinance 246, 1965) 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.
"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. “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 Frontage” means a single lineal dimension measured horizontally along the front of a building which defines the limits of a particular occupancy at that location and which has direct pedestrian access through an exterior wall which is visible from the public right of way. This definition pertains to “Signs” (see Chapter 25-47). “Off-premises signs and billboards” means any sign not located on the same lot or project site as the use, product, or service it advertises.
“Open air use,” means a use (such as vehicle sales) where merchandise or products are displayed or dispensed in the usual course of business from an open lot and not within an enclosed structure. This definition pertains to “Signs” (see Chapter 25-47). “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.
"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” (see Zoning Ordinance Section 25-41.11).
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“Outdoor Advertising Structure” shall mean a structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising sign may be placed, located on a site other than the site on which the advertised use is located or on which the advertised product is produced.
“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.
"Pedestrian access" means a doorway which has been designed for the primary use of the patrons or customers of that commercial use.
“Pennant” means series of lightweight plastic, fabric, or other materials, suspended from a rope, wire, or string designed to move in the wind. Pennants shall not include banners as defined in this chapter or individual flags mounted on a single pole. “Permitted Use” shall mean any use or activity allowed in a zoning district and subject to the development standards applicable to that zoning district. "Permitted or "Unlicensed Premises" means any premises that requires a license and/or permit that is classified as a sexually oriented business. "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. “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. This definition pertains to “Sexually Oriented Businesses” (see Zoning Ordinance Section 25-41.11). “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 "P", Planned Unit District, Chapter 25-39.
“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.
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"Police Chief" shall mean the Police Chief of the City of Firebaugh 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.
“Projecting Sign” shall mean a sign that projects from and is supported by a wall or a façade of a building and are also referred to as marquee signs. "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 This definition pertains to “Sexually Oriented Businesses” (see Zoning Ordinance Section 25-41.11). "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. This definition pertains to “Sexually Oriented Businesses” (see Zoning Ordinance Section 25-41.11). “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 on which stations, offices, storage buildings, spur tracks, sidings, section gang and other employee housing, yards or other uses are located.
“Rain Sensing Device” shall mean a system which automatically shuts off an irrigation system during periods of rain.
"Reader board" means a sign indicating the name, address and type of business of the businesses within a building.
“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 Firebaugh Zoning Ordinance
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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. “Record Drawings” means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor. “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.
“Recyclable Material” means reusable material including but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with Section 25250.11 and 25143.2(b) (4) of the California Health and Safety Code.
“Recycling Collection Facility” shall mean a center for the acceptance by donation, redemption, or purchase, of recyclable materials from the public. Such facility shall not complete any processing except limited bailing, batching and the sorting of recyclable material and shall be classified as either a “small collection” or “large collection” facility. “Recycling Facility” shall mean a center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor means a recycling facility certified by the Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. Recycling facilities are either collection facilities or processing facilities. “Recycling Large Collection Facility” shall mean a collection facility which occupies an area of more than 200 square feet and may include a mobile unit, bulk reverse vending machine or a grouping of reverse vending machines, a kiosk type unit which may include a permanent structure, or an unattended container placed for the donation of recyclable materials.
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“Recycling Processing Facility” shall mean a building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end-user’s specifications, by such means as baling, briquetting, impacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing.
“Recycling Small Collection Facility” shall mean a collection facility which occupies an area of not more than 200 square feet, and may include a mobile unit, bulk reverse vending machine or a grouping of reverse vending machines, a kiosk type unit which may include a permanent structure, or an unattended container placed for the donation of recyclable materials.
“Registration” shall mean completion of the requirements of this section to open a Commercial Marijuana Operation in the City.
"Religious Institution" means any church, synagogue, mosque, temple or building which is primarily for religious worship and related religious activities, as identified on the latest equalized tax roll. This definition pertains to “Sexually Oriented Businesses” (see Zoning Ordinance Section 25-41.11).
“Residential Facility” or “Residential Care Facility” means any family home, group care facility, or similar facility determined by the director, for 24-hour non medical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual as defined by the California Health and Safety Code Section 1502(a)(1). The operation of such a facility is considered a residential use as per California Health and Safety Code Section 1568.0831. “Responsible Party” shall mean the Marijuana Operation Business Owner, Operator, manager(s), and any employee having significant control over the Marijuana Operations. "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.
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“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. "Semi-Nude" shall mean a state of dress in which clothing covers no more than the genitals, pubic region and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.
“Sensitive land uses” means residences and residential neighborhoods, child day care facilities, cemeteries, religious institutions, schools, boys' clubs, girls' clubs, or similar existing youth organizations, or public parks, or any public building regularly frequented by children. This definition pertains to “Sexually Oriented Businesses” (see Zoning Ordinance Section 25-41.11).
“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.
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“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”. "Sexually oriented businesses" means those businesses defined as follows:
(a) "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." (b) "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:
(1) 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"; (2) Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities."
(3) 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." Firebaugh Zoning Ordinance
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(c) "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."
(d) "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.
(e) "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. (f) "Adult theater" means a theater, concert hall, auditorium, or similar commercial establishment which, for any form or consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by exposure of "specified anatomical areas" or by "specified sexual activities." (g) "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.
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(h) "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.
(i) "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.
“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.
"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, A-Frame”: See “Sandwich Board Sign”.
“Sign, Alley-Side” shall mean a sign placed on the wall of a building that faces onto or abuts a public alley.
“Sign, Animated” shall mean a sign with action or motion, whether by flashing lights, color changes, wind, rotation, movement of any parts of the sign or letters or parts of the sign structure, or other motion.
“Sign, Awning” shall mean a sign applied to an awning or canopy that is attached to a building (see Exhibit 67-2 for illustration of sign types). “Sign, Canopy”. See “Awning Sign”.
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“Sign, Changeable copy” shall mean a sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a “time and temperature” sign and not a changeable copy sign for purposes of this chapter.
Exhibit 67‐2: Selected Sign Definitions
“Sign, Directional” (see Exhibit 67-2 for illustration of sign types) means signs giving only information and direction to the viewer and containing no advertising message; “Sign, Directory” shall mean a sign typically used to list individual businesses in a multitenant complex or center. “Sign, Externally illuminated” shall mean a sign which has light cast on its surface from an artificial exterior source installed for the purpose of illuminating the sign; Firebaugh Zoning Ordinance
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“Sign, Internally illuminated” means any sign whose illumination originates from within the structure of the sign and the source of which is not visible from the exterior of the sign.
“Sign, Nonconforming” means any sign which was lawfully erected or maintained prior to the time of adoption of this title.
"Sign, Pedestrian oriented" shall mean a sign which is specifically located and designed to be viewed from a pedestrian right-of-way.
"Sign, Political " means a sign advertising a candidate for political office, a political party or a measure scheduled for an election.
"Sign, Portable" shall mean a sign which is capable of being carried or moved by manual or mechanical means from one location to another and which is not affixed to the ground, a structure, or a vehicle.
“Sign, Sandwich Board” (see Exhibit 67-2 for illustration of sign types) shall mean a portable sign with advertising messages mounted on two surfaces with two edges connected and the other two edges spread so that the two faces read from different directions;
“Sign, Special events” means any sign advertising specific temporary events, such as carnivals, festivals, exhibits, and parades, but not including promotional sales or grand opening signs.
"Sign, Subdivision" or "multiple housing entrance sign" shall mean a sign identifying the name of a subdivision or multiple housing projects and consisting of letters or symbols attached to a wall or a fence or freestanding sign located within the boundaries of a recorded and developed subdivision or multiple housing projects. “Sign, Temporary” (see Exhibit 67-2 for illustration of sign types) shall mean a sign designed to be used for short periods of time, as opposed to a permanently-mounted sign such as a freestanding sign or wall sign.
“Sign, Wind” means any display of streamers, pennants, whirligigs or similar devices made of flexible lightweight material, strung together or attached in such a manner as to move by wind pressure.
“Sign, Window” (see Exhibit 67-2 for illustration of sign types) shall mean a sign mounted within or on a window.
"Sign area,” means the geometric area of a sign including all elements such as board or frames, perforated or a solid background, ornamental embellishments, arrows or other Firebaugh Zoning Ordinance
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sign media. The area of individual signs shall be measured as follows (see also Exhibit 67-3):
(a) Sign Faces Counted: Where a sign has two faces containing sign copy, which are oriented back to back and separated by not more than twenty-four inches at any point, the area of the sign shall be measured using one sign face only. (b) Wall Mounted Letters: Where a sign is composed of letters individually mounted or painted on a building wall, without a border or decorative enclosure, the sign area is that of the smallest area of a rectangle within which all letters and words can be enclosed.
(c) Three-Dimensional Signs: Where a sign consists of one or more threedimensional objects such as balls, cubes, clusters of objects, or sculptural or statute-type trademarks, the sign area shall be measured as the area of the smallest rectangle within which the object(s) can be enclosed, when viewed from a point where the largest area of the object(s) can be seen.
Exhibit 67-3: Sign Area Measurement
"Sign copy" means any words, letters, numbers, figures, designs, or other symbolic representations incorporated into a sign face and/or its structure with the purpose of attracting attention to the subject matter.
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"Sign face" means the panel surface of a sign which carries the advertising or identification message.
"Sign structure" means any structure which supports or is capable of supporting any sign.
A sign structure may or may not be an integral part of a building. For the purpose of a freestanding sign, the sign structure shall include the aggregate area of the sign including the sign copy and all structural elements of the sign.
“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 25-53 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 67-4 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 67-4 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 67-4: Site Width and Depth
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“Slimline Monopole” shall mean a single, slim antenna pole not exceeding 1.5 feet in diameter at the base of the antenna or pole and one foot in diameter at the top of the antenna or pole.
"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. “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. "Specified Anatomical Areas" as used in this Chapter means and includes any of the following:
(a) 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
(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
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"Specified Sexual Activities" as used in this Chapter, means and includes any of the following
(a) 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.
(b) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
(c) Masturbation, actual or simulated;
(d) Human genitals in a state of sexual stimulation, arousal or tumescence; (e) Excretory functions as part of or in connection with any of the activities set forth in sub-sections a through d of this subsection.
“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 Firebaugh’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. “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.
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“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. "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 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”. "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.
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“Supportive Housing” means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community as defined in subdivision (g) of Section 65582 of the California Government Code. "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. “Telecommunications tower” shall mean a freestanding mast, pole, monopole, guyed tower, lattice tower, free standing tower or other structure designed and primarily used to support wireless telecommunications facility antennas.
"Temporary subdivision sign" means a sign erected and maintained within the boundaries of a recorded subdivision and indicating the name of the subdivision, the name of the contractor and/or subdivider, the name of the owner and/or agent, and giving information regarding directions, price or terms concerning the sale or lease of parcels within the subdivision.”
“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.
"Transfer of Ownership or Control of a Sexually Oriented Business" means and includes any of the following:
(a) The sale, lease or sublease of the business; or
(b) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means.
“Transitional Housing” means buildings configured as rental housing developments, but operated under program requirements that require for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at a predetermined future point in time, which shall be no less than six months.” as defined in subdivision (j) of Section 65582 of the California Government Code.
“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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“Trip” shall mean a single or one-way vehicle movement either to or from a subject property or study area.
“Trip Generation” means the total number of trip ends produced by a specific land use or activity.
"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."
“Urbanization” means the development of land for non-agricultural purposes, including but not limited to, residential, commercial, industrial, and institutional land uses. “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.
“Utility Infrastructure” means pipelines for water, natural gas, and sewage collection and disposal; and facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also includes telephone, telegraph, cable television and other communications transmission facilities utilizing direct physical conduits.
“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 Fresno 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.
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"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 telecommunications facility,” “facility” or “facilities” shall mean any facility that transmits and/or receives electromagnetic waves. It includes, but is not limited to, antennas and/or other types of equipment for the transmission or receipt of such signals, telecommunications towers or similar structures supporting such equipment, related accessory equipment, equipment buildings, parking areas, and other accessory development. The term “wireless telecommunications facility” does not apply to the following:
a. Emergency medical care provider-owned and operated telecommunications facilities.
b. Mobile services providing public information coverage of news events of a temporary nature.
d. Any wireless telecommunications facilities exempted from this Code by federal law or state law.
“Wireless telecommunications services” shall mean the provision of services using a wireless telecommunications facility or a wireless telecommunications collocation facility, and shall include, but not limited to, the following services: personal wireless services as defined in the federal Telecommunications Act of 1996 at 47 U.S.C. §332(c)(7)(C) or its successor statute, cellular service, personal communication service, and/or data radio telecommunications.
“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 67-5 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 67-5 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.
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“Yard, Side” (see Exhibit 67-5 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.
Exhibit 67-5: Yard Types
“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”.
Front
Yard
Rear Yard
Side
Yard
Side
Yard
City of Firebaugh, CA
§ 30-1.5 § 30-1.8
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§ 30-1.1. Definitions. [Ord. No. 2015-01]
Whenever the following capitalized terms are used in this chapter, they shall have the respective meanings set forth in this section or as provided by Section 65915 of the State Government Code as amended from time to time.
a. DENSITY BONUS – shall mean a density increase over the otherwise maximum allowable gross residential density as of the date of application by the applicant to the city, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density.
The amount of density increase to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in Government Code Section 65915.
b. DEVELOPER INCENTIVES/CONSESSIONS means a reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable and actual cost reductions, to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Government Code Section 65915.
1. Reduce or eliminate standards contained in the subdivision ordinance or Firebaugh's Improvements Manual.
2. Reduce or eliminate residential zone district requirements, including open space, lot size, setbacks, or parking standards.
3. Reduce or eliminate any design requirements exceeding Building Code specifications. [Amended 12-5-2022 by Ord. No. 22-04]
c. “DEVELOPER WAIVER” means reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria at the densities or with the concessions or incentives permitted in Government Code Section 65915.
The City shall not provide a waiver to reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in Government Code Section 65589.5, upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. Additionally, the City shall not provide a waiver to reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources, or to grant any waiver or reduction that would be contrary to state or federal law. d. EXTREMELY LOW INCOME HOUSEHOLD – shall mean a household earning an income that is between 15% and 30% of the Fresno County median household income. e. HOUSING DEVELOPMENT – shall mean one or more residential projects that have five or more residential units and shall have the same meaning as described in State Government Code Section 651917.2.
f. LARGE FAMILY HOUSEHOLD UNIT – shall mean a dwelling that contains at least four City of Firebaugh, CA
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g. LOW INCOME HOUSEHOLD – shall mean a household earning an income between 50% and 80% of the Fresno County median household income.
h. "SENIOR HOUSEHOLDS – shall have the same meaning as defined in Sections 51.3 and
51.12 of the State Civil Code.
i. TARGET HOUSEHOLDS – shall mean lower-income households or senior citizen households.
j. VERY LOW INCOME HOUSEHOLD – shall mean a household earning an income between 30% and 50% of the Fresno County median household income. § 30-1.2. Density Bonuses: Purpose and Intent. [Ord. No. 2015-01] a. The purpose and intent of a density bonus is to contribute significantly to the economic feasibility of affordable housing in proposed developments by offering incentives to developers consisting of density bonuses or other concessions of equal financial value, in compliance with California Government Code Sections 65915 - 65918. Firebaugh can approve a density bonus if a housing developer agrees to construct a certain percentage of units for qualifying development and agrees to maintain their affordability for a specific time period. b. Section 65915 of the State Government Code states that when an applicant seeks a density bonus for a housing development in Firebaugh, the City shall provide the applicant incentives or concessions for the production of housing units, consistent with the provisions of this chapter and Section 65915 of the State Government Code. § 30-1.3. Application and Fees. [Ord. No. 2015-01]
An application for a density bonus 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.
§ 30-1.4. Density Bonus Requirements. [Ord. No. 2015-01] a. Government Code Section 65915 indicates that when an applicant seeks a density bonus for a housing development, the density bonus requirements are triggered when the residential development sets aside the following:
1. at least 10% of the total units as affordable to low-income households; or
2. at least 5% of the total units as affordable to very low-income households;
3. at least 10% of the total units as affordable for moderate-income households in a common interest for sale development; or
4. at least 10% of the total units of a housing development for transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.); or
5. at least 20% of the total units are for lower income students in a student housing development that meets the requirements of Government Code Section 65915; or City of Firebaugh, CA
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6. at least 10% of the units are designed as large family household units or all units are reserved for senior citizens, or for a mobile home park restricted to senior citizen residents; or
7. a density bonus can be requested when a housing development includes a childcare facility in accordance with California Government Code Section 65915; or
8. a density bonus can be requested for a condominium conversion in accordance with California Government Code Section 65915; or
9. a density bonus for commercial development can be requested, given the application includes the proposed partnered housing agreement and the proposed commercial development bonus, as defined in Section 30.1.6 and reasonable documentation that each of the standards included in Section 30.1.6 has been met; or
10. a density bonus can be requested when a developer of affordable housing provides a site of at least one acre for the development of housing for target groups; and
11. Finally, a parking reduction for a housing development can be requested pursuant to California Government Code Section 65915, subdivision (p), given the application includes a table showing parking required by the zoning regulations, parking proposed under Section 65915, subdivision (p), and reasonable documentation that the project is eligible for the requested parking reduction.
b. Development concessions or incentives that may be provided by the City of Firebaugh include a reduction in site development standards; a modification of zoning code requirements (including a reduction in setbacks, square footage requirements, or parking spaces; or architectural design requirements which exceed the minimum building standards); 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 if such nonresidential uses are compatible with the project; or other regulatory incentives or concessions proposed by the developer or the city of Firebaugh which result in identifiable cost reductions. The number of incentives will be based on the following project affordability factors or as per Government Code Section 65915 as amended from time to time:
1. For projects with at least 5% very low income, 10% lower income, 10% moderateincome units, 10% large family units, or 20% of the total units for lower income students in a student housing development, shall receive one incentive or concession.
2. For projects with at least 10% very low income, 17% lower income, 20% moderate income units, or 20% large family units, shall receive two incentives or concessions..
3. For projects with at least 15% very low income, 24% lower income, 30% moderate income units, or 30% large family units, shall receive three incentives or concessions.
4. For projects with at least 16% very low income households or at least 45 % for persons and families of moderate income in a development in which the units are for sale shall receive three incentives or concessions.
5. For projects with 100% lower income households that meet the criteria of subparagraph (G) of paragraph (1) of subdivision (b) of Section 65915 of the Government Code. If the project is located within one-half mile of a major transit stop or is located in a very low vehicle travel area in a designated county, the applicant shall City of Firebaugh, CA
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§ 30-1.5. Density Bonus Requirements for Land Donations. [Ord. No. 2015-01] If an applicant for a tentative subdivision map, parcel map, or some other type of residential development application donates land to Firebaugh where very-low income housing can be developed; the developer shall be entitled to a minimum of 15% increase above the allowable residential density under the zoning ordinance and land use element of the general plan. § 30-1.6. Commercial Density Bonus
a. The following definitions shall apply to commercial density bonus:
1. "Commercial development" means a development project for nonresidential uses.
2. "Commercial development bonus" means a modification of development standards mutually agreed upon by the City and a commercial developer and provided to a commercial development eligible for such a bonus under Section 30.1.6(c). Examples of a commercial development bonus include an increase in floor area ratio, increased building height, or reduced parking.
3. "Partnered housing agreement" means an agreement approved by the City between a commercial developer and a housing developer identifying how the commercial development will provide housing available at affordable ownership cost or affordable rent consistent with Section 30.1.6(c). A partnered housing agreement may consist of the formation of a partnership, limited liability company, corporation, or other entity recognized by the State in which the commercial developer and the housing developer are each partners, members, shareholders, or other participants, or a contract between the commercial developer and the housing developer for the development of both the commercial development and the housing development.
b. When an applicant proposes to construct a commercial development and has entered into a partnered housing agreement approved by the City, the City shall grant a commercial development bonus mutually agreed upon by the developer and the City. The commercial development bonus shall not include a reduction or waiver of fees imposed on the commercial development in order to provide for affordable housing. c. The requirements for commercial development bonus are as follows:
1. The housing development shall be located either: (a) on the site of the commercial development; or (b) on a site within the City boundaries that is within one-half mile of a major transit stop and is located in close proximity to public amenities, including schools and employment centers.
2. At least thirty percent (30%) of the total units in the housing development shall be made available at affordable ownership cost or affordable rent for low-income households, or at least 15 percent (15%) of the total units in the housing development shall be made available at affordable ownership cost or affordable rent for very lowincome households.
3. The commercial developer must agree either to directly build the affordable units; donate a site consistent with subparagraph (c)(1) above for the affordable units; or make a cash payment to the housing developer for the affordable units. d. Any approved partnered housing agreement shall be described in the City's Housing Element City of Firebaugh, CA
§ 30-1.5 § 30-1.8
Downloaded from https://ecode360.com/FI4072 on 2024-09-26 annual report as required by California Government Code Section 65915.7, subdivision (k). § 30-1.7. Report and Findings. [Ord. No. 2015-01]
a. Report and Findings. The Planning Department shall prepare a report on the density bonus application. The Department shall provide a recommendation based on the following density bonus requirements.
1. The housing development qualifies for a density bonus based on the requirements outlined in Government Code Sections 65915 to 65918, or for large family household units.
2. The applicant has provided to the City the legal instrument that will ensure that "target households" will remain affordable for at least 30 years.
3. The application has selected developer incentives or concessions. § 30-1.8. Action of the Planning Commission. [Ord. No. 2015-01] a. Following the Planning Commission's review of the Planning Department's report on the applicant's request for a density bonus, the Commission shall take action on the density bonus application based on the regulations contained in Government Code Sections 65915 to 65918.
The Commission can recommend to the City Council approval, approval with conditions, or denial of the density bonus. Denial of a density bonus application shall require findings consistent with those in Government Code Sections 65915 to 65918.
1. The Commission's recommendation shall be forwarded to the City Council.
2. The Commission's decision shall not be based on a finding that the housing project will be occupied by "target households" and that this condition may have an adverse impact on the neighborhood or community.
3. Within 10 days of adopting a resolution on the density bonus, the Planning Department shall forward the Commission's recommendation to the City Council and shall transmit a copy of the Commission's resolution to the applicant. § 30-1.9. Action of the City Council. [Ord. No. 2015-01] a. The City Council shall consider the Planning Commission's recommendation and shall take action on the density bonus application. The Council can approve, approve with modifications, or deny the density bonus application. One of the following actions shall be initiated:
1. Any modification of the proposed density bonus by the City Council, which is based on information not considered by the Planning Commission, shall cause the density bonus City of Firebaugh, CA
§ 30-1.11 § 30-1.11
application to be referred back to the Commission for its reevaluation and recommendation.
2. The Council's decision shall not be based on a finding that the housing project will be occupied by "target households" and that this condition may have an adverse impact on the neighborhood or community.
§ 30-1.10. Density Bonus Housing Agreement. [Ord. No. 2015-01] Agreements, contracts, or other instruments between the City and the developer shall be required to ensure that "target households" shall remain affordable for the period of time agreed to by the City and the developer. Said agreement shall be reviewed and approved by the City Attorney and shall be recorded with the Fresno County Recorders Office. § 30-1.11. Density Bonus Calculations. [Ord. No. 2015-01] The base density of a property for which a density bonus is being requested shall be determined by the greatest number of units allowed by the specific zoning range, specific plan, or land use element of the general plan applicable to the project. The actual amount of the density bonus that may be granted for a particular project is set on a sliding scale, based upon the percentage of affordable units provided at each income level, as provided by Government Code Section 65915.
TO: Elsa Lopez and Council Members
FROM: Mario Gouveia, City Engineer
DATE: March 17, 2025
SUBJECT: Resolution No. 25-06
RECOMMENDATION:
1. Council by motion adopt Resolution No. 25-06 Initiating Proceedings for the Annual Levy of Assessments for the Landscaping and Lighting Maintenance District No. 1.
2. Directs the City Engineer to prepare and file his annual report on the levy.
BACKGROUND:
The Assessment District was formed for the purpose of financing maintenance and improvement costs for street lighting, streets, public landscaping and park improvements in the District. The levy of assessments to property owners in the District occurs on an annual basis.
In order to meet the timelines required by the Landscaping and Lighting Act of 1972 (herein the “Act”) and the Government Code, it is now necessary to initiate proceedings for the annual levy of assessments against all properties in the District. The City Engineer will need to prepare and file a report regarding the annual levy in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the Act.
No annexations of property have occurred to the District over the past year therefore there will be no new properties to levy.
FISCAL IMPACT:
None at this time.
ATTACHMENT:
Resolution 2025-06
Return to Agenda
RESOLUTION NO. 2025-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH DIRECTING THE
FILING OF THE ANNUAL ASSESSMENTS FOR LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 IN THE CITY OF FIREBAUGH
RESOLVED by the City Council of the City of Firebaugh, County of Fresno, California, that:
WHEREAS, the Council has approved no new annexations to Assessment District No. 1 of the City of Firebaugh (herein District) during the period of January 1, 2024 to December 31, 2024 inclusive; and
WHEREAS, the Firebaugh City Council wishes to designate and direct its City Engineer to comply with the assessment/reporting requirements related to the City of Firebaugh Landscaping and Lighting Maintenance District No. 1 (the “District”.)
THEREFORE, BE IT RESOLVED that the City Council of the City of Firebaugh hereby:
1. Designates Mario Gouveia, PE as its Engineer of work to prepare and file “Engineer’s Report of the City of Firebaugh Landscaping and Lighting Maintenance District No. 1, 2025 - 2026, (the “Annual Levy Report”),
2. Authorizes Mario Gouveia, PE be designated as the person directed to file annual reports in accordance with the provisions of the Landscaping and Lighting Act of 1972 (the "LLMD Act"), California Streets & Highways Code §§ 22500 et seq., for the District in the City.
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Firebaugh held on the 17th day of March 2025, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
______________________________
Freddy Valdez, Mayor
ATTEST:
___________________________
Olga Flores, Acting Deputy City Clerk
ATTEST:
I, hereby certify that the forgoing resolution was regularly introduced, passed and adopted at a regular meeting of the City Council of the City of Firebaugh this 17th day of March 2025.
Olga Flores, Acting Deputy City Clerk of City of Firebaugh 1 Firebaugh Police Department
Memo
To: Honorable Mayor Alfred Valdez and Council Members
From: Chief Sal Raygoza
CC: Benjamin Gallegos City Manager
Date: March 12, 2025
Re: ANNUAL REVIEW OF ORDINANCE 22-03, FIREBAUGH POLICE DEPARTMENT POLICY 708, AND 2023 ANNUAL MILITARY EQUIPMENT USE REPORT, AND RENEWAL OF ORDINANCE 22-03 AND POLICY 708.
RECOMMENDATION
Review the 2024 Annual Military Equipment Use Report and Approve Resolution 25-07 Renewing Ordinance 22-03 and Police Department Policy 708, in accordance with AB 481.
BACKGROUND
Assembly Bill 481 (AB 481) codified Government Code sections 7070 through 7075 requiring a law enforcement agency (LEA) to obtain approval from the applicable governing body, via the adoption of a “military equipment” use policy by ordinance, before obtaining funding, acquiring, or using military equipment.
That items are deemed “military equipment” by AB 481 does not necessarily indicate the equipment is used by the military. Rather, this equipment is a component of general best practices for LEAs nationwide. These tools have been tested in the field and are used by LEAs to enhance community and officer safety. Loss of these items would jeopardize the community's and peace officers' welfare within the Firebaugh Police Department.
Return to Agenda
RESOLUTION 25-07
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH RENEWING ORDINANCE 22-03 AND POLICY 708 OF THE FIREBAUGH POLICE
DEPARTMENT POLICY MANUAL AUTHORIZING THE USE MILITARY EQUIPMENT IN ACCORDANCE WITH GOVERNMENT CODE SECTION 7070, ET SEQ.
WHEREAS, the City Council adopted Firebaugh Police Department Policy 708 (Military Equipment and Use) with the adoption of Ordinance 22-03 on June 20, 2022; and WHEREAS, in accordance with Government Code section 7070, et seq., enacted by AB 481, the Police Department has prepared the 2024 Annual Military Equipment Report (“Annual Report”), which is incorporated herein by reference, for review by the City Council; and WHEREAS, at its regular meeting on March 17, 2025, the City Council duly reviewed the Annual Report, Ordinance 22-03, and Policy 708, and reviewed the associated staff report, and considered all public input and other information pertaining to the Annual Report and the authorization to use military equipment presented at the meeting.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Firebaugh determines and resolves as follows:
1. Based on the Annual Report, the City Council determines that each type of military equipment identified in the Annual Report has complied with the applicable standards for approval as set forth in Government Code section 7071, subd. (d).
2. Policy 708 of the Police Department Manual and Ordinance 22-03, which adopted Policy 708 on June 20, 2022, are hereby renewed.
The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Firebaugh held on March 17, 2025, by the following vote:
AYES: Council Member(s)
NOES: Council Member(s)
ABSENT: Council Member(s)
ABSTAIN: Council Member(s)
APPROVED: ATTEST:
____________________________ ___________________________ Alfred Valdez Mayor Olga Flores, Acting Deputy City Clerk Page 2
On June 20, 2022, the City Council adopted Ordinance 22-03, which adopted Police Department Policy 708 and authorized the use, funding, and acquisition of specifically identified military equipment in accordance with Policy 708. The purpose of Policy 708 is to safeguard the public’s welfare, safety, civil rights, and civil liberties. This Policy also ensures that there are adequate safeguards in place for the use of such equipment, including transparency, oversight, and accountability. As required by AB 481, Policy 708 has been posted on the Department’s website.
AB 481 also requires the Department to annually submit a military equipment report for each approved type of military equipment to the City Council for as long as the military equipment is available for use. The Annual Report must be presented to and reviewed by the City Council at a regular meeting each year, and the City Council must determine at the annual meeting whether each type of military equipment identified in the report continues to comply with the standard of approval and determine whether to renew the ordinance approving Policy 708.
This report must contain the following information for the City Council’s review:
• A summary of how the Military Equipment was used and the purpose of its use.
• A summary of any complaints or concerns received concerning the Military Equipment.
• The results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response. • The total annual cost of each type of Military Equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing expenses, and from what source funds will be provided for the Military Equipment in the calendar year following submission of the annual Military Equipment Report. • The quantity possessed for each type of Military Equipment. • If the law enforcement agency intends to acquire additional Military Equipment in the next year, the quantity sought for each type of Military Equipment.
If Ordinance 22-03 and Policy 708 are renewed by the City Council, Policy 708 will remain posted and publicly available on the Department’s website, along with the Annual Report, for as long as the military equipment is available for use.
As required by AB 481, within 30 days of submitting the Annual Report to City Council, the Department will also hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the Annual Report and the Department’s funding, acquisition, or use of military equipment. Page 3
FISCAL IMPACT
There is no fiscal impact from renewal of Ordinance 22-03 and Policy 708.
The purchase of any future equipment considered “military equipment” will be brought to the Firebaugh City Council in a prepared staff report or as part of the annual budget proposal.
PRIOR COUNCIL ACTIONS
On June 20, 2022, the Firebaugh City Council adopted Ordinance 22-03 adding section 2-4 to the Firebaugh Municipal Code, “Military Equipment,” and adopting the Firebaugh Policy Department Policy 708.
ATTACHMENTS
City of Firebaugh Ordinance 22-03
Firebaugh Police Department Policy 708
2024 Annual Military Equipment Use
Report Resolution 25-07
ORDINAI\CE NO. 22-03
AI\ ORDINANCE OF'THE CITY COUI\CL OF'THE CITY OF FIREBAUGH ADDING A NEW SIIBSECTION TO SECTION 2.4 OF CHAPTER 2 OF THE FIREBAUGII MI.]NICIPAL CODE REGARDING POLICE ACQUISITION AIID USE OF "MILITARY EQUIPMENT' WHEREAS, on September 30,2021, California Assembly Bill 481 ("AB 481") was signed into law;and
WHEREAS, AB 481 and Govemment Code sections 7070, throu€b7072 require that the City Council of the City of Firebaugh approve a Military Equipment Use Policy by ordinance; and WHEREAS, the amendment of Section 2-4 (Law Enforcement) of Chapter 2 (Administration), to add Subsection2-4.4 (Military Equipment Use Ordinance) is necessary to comply with the requirements of AB 481 and Govemment Code Sections 7070 tIvo,agh7072.
BE IT ORDAINED by the Council of the City of Firebaugh as follows:
SECTION 1. Subsection2-4.4, of Section 2-4, of Chapter 2 of the Firebaugh Municipal Code is hereby added to read as follows:
SECTION 2-4
LAW ENFORCEMENT
Subsection 2-4.4
"MILITARY EQUIPMENT' USE ORDINANCE
2-4.4.1:
2-4.4.2:
2-4.4.32
2-4.4.4:
2-4.4.5:
2-4.4.62
2-4.4.72
NAME OF'ORDINAT\CE
F'INDINGS AND DETERMINATIONS
DEFINITIONS
MILITARY EQUIPMENT USE POLICY REQUIREMENT
USE IN EXIGENT CIRCT]MSTAI\CES
REPORTS ON THE USE OF'CONTROLLED EQUIPMENT
SEVERABILITY
2-4.4.12 NAME OF ORDINAT\CE
This Ordinance shall be known as the Military Equipment Use Ordinance. 2-4.4.22 FINDINGS AND DETERMINATIONS
A. FINDINGS. The City Council finds:
On September 30,2021, Govemor Gavin Newsom signed into law Assembly Bill 481, which codified procedures of funding, acquisition and use of military equipment by law enforcement agencies under Government Code sections 7070 through7075.
2. Assembly Bill 481 requires law enforcement agencies to obtain approval from the applicable goveming body by ordinance adopting a military equipment use policy prior to taking certain actions relating to funding, acquisition, or use of military equipment.
3. Assembly Bill481 allows a city council of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations pursuant to Government Code section 7 07 l.
4. Assembly Bill 481 requires law enforcement agencies to annually submit to the applicable governing body a military equipment report for each approved type of military equipment for as long as the military equipment is available for use, and to make each annual report publicly available on its website for as long as the equipment is available for use.
5. Assembly Bill 481 requires a city council that has adopted an ordinance approving a military equipment use policy to annually review the military equipment report submitted by the law enforcement agency to determine whether each type of military equipment identified in the report continues to comply with the standard of approval.
6. Assembly Bill 481 requires a city council that has adopted an ordinance approving a military equipment use policy to annually review the ordinance and vote on whether to renew the ordinance at a regular meeting.
7 . Policy 708 of the Firebaugh Police Department Policy Manual has been prepared by the Firebaugh Police Departmbnt as its proposed military equipment use policy, and it has been published on the Firebaugh Police Department's internet website since May 1,2022.
8. A duly noticed public hearing was conducted by the City Council at its regular meeting on June 7,2022, to consider and adopt Policy 708.
B. DETERMINATIONS. Based on the above-findings and the information provided to the City Council at the public meeting, the City Council determines that Policy 708 of the Firebaugh Police Department Policy Manual complies with standards for approval under Government Code section70Tl:
1. The identified military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. 2, Policy 708 of the Firebaugh Police Department Policy Manual will safeguard the public's welfare, safety, civil rights, and civil liberties.
3. The purchase and use of the military equipment identified in Exhibit A of Policy 708 is reasonably cost effective compared to available altematives that can achieve the same objective of officer and civilian safety.
4. All military equipment uses prior to the adoption of Policy 708 of the Firebaugh Police Department Policy Manual complied with applicable Department policy in effect at that time and will continue to conform with future compliance.
5. Policy 708 of the Firebaugh Police Department Policy Manual is approved and adopted. 2-4.4.3: DEFINITIONS
A. "Military Equipment" includes all of the following (Gov. Code $7070):
1. Unmanned, remotely piloted, powered aerial or ground vehicles.
2. Mine-resistant ambush-protected ("MRA1"'; vehicles or armored persorurel carriers.
However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
High mobility multipurpose wheeled vehicles ("HMMWV"), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles ("ATVs") and motorized dirt bikes are specifically excluded from this subdivision.
4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
Command and control vehicles that are either built or modified to facilitate the operational control and direction ofpublic safety units.
6. Weaponized aircraft, vessels, or vehicles of any kind.
7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. 1 L Any firearm or firearm accessory that is designed to launch explosive projectiles.
12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.
13. Taser Shockwave, microwave weapons, water cannons, and the Long-Range Acoustic Device ("LRAD").
14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag", rubber bullet, and specialty impact munition ("SIM") weapons.
15. Any other equipment as determined by a governing body or a state agency to require additional oversight.
3 5
8 16. Notwithstanding paragraphs (l) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
B. "City" means any department, agency, bureau, and/or subordinate division of the City of Firebaugh.
C. "Police Department" means any division, section, bureau, employee, volunteer and/or contractor of the Firebaugh Police Department.
D. "City Council" means the governing body that is the Firebaugh City Council.
E. "Military Equipment Use Policy" means a publicly released, written document that includes, at a minimum, all of the following:
A description of each type of Military Equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the Military Equipment.
The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of Military Equipment.
The fiscal impact of each type of Military Equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
4. The legal and procedural rules that govem each authorized use.
The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of Military Equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the Military Equipment use policy.
6. The mechanisms to ensure compliance with the Military Equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment, and how the law enforcement agency will ensure that each complaint, concem, or question receives a response in a timely manner.
F. "Exigent Circumstances" means a law enforcement agency's good faith belief that an emergency involving the danger of, or imminent threat of death or serious physical injury to any person is occurring, has occurred, or is about to occur.
G. "State agency" means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution.
I
2 3
5 H. "T;/pe" means each item that shares the same manufacturer model number 2-4.4.42 MILITARY EQUIPMENT USE POLICY REQUIREMENT
A. The Firebaugh Police Department shall obtain approval of the City Council, by an ordinance adopting a Military Equipment Use Policy ("MEIIP") at a regular meeting of the City Council held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with section 54950) of Part 1 of Division 2 of Title 5), prior to engaging in any of the following:
Requesting Military Equipment made available pursuant to section 2576a of Title l0 of the United States Code.
2. Seeking funds for Military Equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
Acquiring Military Equipment either permanently or temporarily, including by borrowing or leasing.
4. Collaborating with another law enforcement agency in the deployment or other use of Military Equipment within the territorial jurisdiction of the City of Firebaugh.
Using any new or existing Military Equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, Military Equipment.
7. Acquiring Military Equipment through any means not provided by this section.
B. No later than May | , 2022, if seeking to continue the use of any Military Equipment that was acquired prior to January 1,2022, the Firebaugh Police Department shall commence a City Council approval process in accordance with this section. If the City Council does not approve the continuing use of Military Equipment, including by adoption pursuant to a Military Equipment Use Policy submitted pursuant to this code, within 180 days of submission of the proposed Military Equipment Use Policy to City Council, the Firebaugh Police Department shall cease its use of the Military Equipment until it receives the approval of City Council in accordance with this code.
C. In seeking the approval of City Council, the Firebaugh Police Department shall submit a proposed Military Equipment Use Policy to City Council and make those documents available on the Police Department's intemet website at least 30 days prior to any public hearing concerning the Military Equipment at issue.
D. The governing body shall consider a proposed Military Equipment Use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Ralph M.
Brown Act (Chapter 9 (commencing with section 54950) of Part I of Division 2 of Title 5). 1 J
5 6
E. The goveming body shall only approve a Military Equipment Use Policy pursuant to this subsection if it determines all of the following:
The Military Equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
The proposed Military Equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
3. If purchasing the equipment, the equipment is reasonably cost effective compared to available altematives that can achieve the same objective of officer and civilian safety.
4. Prior Military Equipment use complied with the Military Equipment Use Policy that was in effect at the time, or if prior uses did not comply with the accompanying Military Equipment Use Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
F. In order to facilitate public participation, any proposed or final Military Equipment Use Policy shall be made publicly available on the internet website of the Police Department for as long as the Military Equipment is available for use.
G. The City Council shall review any ordinance that is has adopted pursuant to this subsection approving the funding, acquisition, or use of Military Equipment at least annually and vote on whether to renew the ordinance at a regular meeting held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with section 54950) of Part 1 of Division 2 of Title 5). 2-4.4.5: USE IN EXIGENT CIRCUMSTAIiCES
A. Notwithstanding the provisions of this subsection, the Police Department may acquire, borrow and/or use Military Equipment in Exigent Circumstances without following the requirements of this code.
B. If the Police Department acquires, borrows, and/or uses Military Equipment in Exigent Circumstances, in accordance with this section, it must take all of the following actions:
Provide written notice of that acquisition or use to the City Council within 30 days following the commencement of such Exigent Circumstance, unless such information is confidential or privileged under local, state or federal law.
If it is anticipated that the use will continue beyond the Exigent Circumstance, submit a proposed amended Military Equipment Use Policy to the City Council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council.
Include the Military Equipment in the Police Department's next annual Military Equipment Report.
2 1
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2-4.4.62 REPORTS ON THE USE OF MILITARY EQUIPMENT
A. The Police Department shall submit to City Council an annual Military Equipment Report for each type of Military Equipment approved by the City Council within one year of approval, and annually thereafter for as long as the Military Equipment is available for use.
B. The Police Department shall also make each arurual Military Equipment Report required by this section publicly available on its intemet website for as long as the Military Equipment is available for use.
C. The annual Military Equipment Report shall, at a minimum, include the following information forthe immediately preceding calendar year for each type of Military Equipment:
l. A summary of how the Military Equipment was used and the purpose of its use.
2. A summary of any complaints or concerns received conceming the Military Equipment.
3. The results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response.
4. The total annual cost for each type of Military Equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the Military Equipment in the calendar year following submission of the annual Military Equipment Report.
5. The quantity possessed for each type of Military Equipment.
6. If the Police Department intends to acquire additional Military Equipment in the next year, the quantity sought for each type of Military Equipment.
D. Within 30 days of submitting and publicly releasing an annual Military Equipment Report pursuant to this section, the Police Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual Military Equipment report and the law enforcement agency's funding, acquisition, or use of Military Equipment.
E. The City Council shall determine, based on the annual Military Equipment Report submitted pursuant to this subsection, whether each type of Military Equipment identified in that report has complied with the standards for approval set forth in this code and the Military Equipment Use Policy. If the City Council determines that a type of Military Equipment identified in the annual Military Equipment Report has not complied with the standards for approval, the City Council shall either disapprove a renewal of the authorization of or that type of Military Equipment or require modification to the Military Equipment Use Policy in a manner that will resolve the lack of compliance. 2-4.4.72 SEVERABILITY
A. If any section, subsection, sentence, clause, phrase, or word of this subsection, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this subsection.
B. The City Council hereby declares that it would have passed this subsection and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this subsection or application thereof would be subsequently declared invalid or unconstitutional.
SECTION 2. This Ordinance shall take effect thirty (30) days after its adoption.
SECTION 3. The City Clerk is directed to cause this ordinance or a sunmary of this ordinance to be published once in a newspaper of general circulation published and circulated within the City of Firebaugh, within fifteen (15) days after its adoption. If a summary of the ordinance is published, the City Clerk shall cause a certified copy of the full text of the proposed ordinance to be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which the ordinance is adopted and again after the meeting at which the ordinance is adopted. The summary shall be approved by the City Attorney.
The foregoing Ordinance No. 22-03 was introduced at a regular meeting of the City Council of the City of Firebaugh on the 2od day of May, 2022, andwas passed and adopted at a regular meeting of the City Council on the 20h day of June, 2022,by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED
Brady J
City of Firebaugh
Lopez, Perez, Sablan, Valdez, Jenkins
ATTEST:
Rita Lozano,
City of
Clerk
ANNUAL MILITARY EQUIPMENT USE REPORT FOR 2024 AS REQUIRED BY CALIFORNIA ASSEMBLY BILL 481 AND FIREBAUGH ORDINANCE 22-03.
EQUIPMENT TYPE:
UNMANNED AIRCRAFT SYSTEMS (UAS/DRONES)
SUMMARY OF EQUIPMENT USE AND PURPOSE OF TTS USE
UAS/Drones enhance the department's mission of protecting lives and property when other means and resources are not available or are less effective. Uses may include but are not limited to search and rescue, suspect apprehension, crime scene documentation, tactical operations, scene security, hazard monitoring, identification and mitigation response to emergency calls, crisis communication, and legally authorized surveillance.
In 2024, UASs were used 17 times in field searches for suspects, search warrant service, aerial photography of city properties and burglary in progress.
COMPLAINTS OR CONCERNS RECEIVED
No complaints were received, or concerns brought to the attention of the police department.
RESULTS OF INTERNAL AUDITS OR VIOLATIONS OF USE POLICY
No internal audits were completed and there were no violations of policy reported or observed.
TOTAL ANNUAL COST
The annual cost to use the UASs has been minimal after the initial purchase, the cost is of use was for call out over-time of drone pilot.
QUANTITY OWNED
Currently, the police department ownsthree (4) UASs.
• 1 DJI Mavic Enterprise Pro Platinum
* 2 DJI Mavic Air 2
* 1 DJI Matrice 30T + TB30
INTENTION TO PURCHASE SIMILAR EQUIPMENT
The Police Department through grant funding intends to purchase a new drone in June of 2024 and a license to allow live footage streaming. The equipment will be brought to council for approval once cost and type of drone are finalized.
Policy
708
Firebaugh Police Department
Firebaugh PD Policy Manual
Copyright Lexipol, LLC 2025/02/03, All Rights Reserved.
Published with permission by Firebaugh Police Department Military Equipment - 1
Military Equipment
708.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
708.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body – The elected or appointed body that oversees the [Department/Office].
Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• Area denial electroshock devices, microwave weapons, water cannons, long-range acoustic devices (LRADs), acoustic hailing devices, and sound cannons. • Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
Firebaugh Police Department
Firebaugh PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2025/02/03, All Rights Reserved.
Published with permission by Firebaugh Police Department Military Equipment - 2
708.2 POLICY
It is the policy of the Firebaugh Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 708.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying [department/office] equipment that qualifies as military equipment in the current possession of the [Department/Office], or the equipment the [Department/ Office] intends to acquire that requires approval by the governing body. (c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Firebaugh Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the [department/office]'s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the [department/office] website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the [Department/Office] will respond in a timely manner. 708.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the [Department/Office]:
[Insert attachment here]
708.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the [department/office] website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
Firebaugh Police Department
Firebaugh PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2025/02/03, All Rights Reserved.
Published with permission by Firebaugh Police Department Military Equipment - 3
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this [department/office]. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 708.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 708.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the [department/office] website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in [department/office] inventory. 708.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the [Department/Office] shall hold at least one well-publicized and conveniently located community engagement meeting, at which the [Department/Office] should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
V.F.W. HALL FEE SCHEDULE
Application Processing Fee $25.00
Refundable Cleaning Deposit $300.00
Rental Fee (tables & chairs included) $1,000.00
Non-Profit Daily Fee $550.00
Local Non-Profit Daily Fee $350.00
Police Services $326.00
Return to Agenda
STAFF REPORT
TO: Mayor and Council Members
FROM: Ben Gallegos, City Manager
DATE: 3/17/25
Meetings Attended:
Hud Tank Biweekly Progress Meeting
Met with Starbucks team on site.
Go over phase 2 with Habitat for Humanity Project.
STBG Application Discussion
The mayor and staff sat down with the school staff to discuss adding second school resource officer.
WWTP improvements project.
Pio and I talk with Pual Ashley about the funding for storm drain project.
Information:
I attended the City Manager Conference. Here are three important classes that I attended.
1. Practical tools for defining performance expectations for department heads.
2. Leading successful teams in today’s work environment.
3. Hate speech in the council chambers. The 1st amendment vs the freedom of civility.
I will be attending the City Leaders Summit from April 23-25.
We submitted two Surface Transportation Block Grant Program (STBG) regional bid applications.
1. 13th Street and O Street Rehabilitation
2. Morris Kyle and Landucci Drive Rehabilitation
We will be accepting bids to demo the building at 1031 O Street.
Return to Agenda
The building for the dog kennel has been approved. Mario’s team will be working on the site plan now that we have the approved building plans.
It will take about four months to get the site plans ready.
City Council Meeting 03/17/2025
TO: Mayor Freddy Valdez and Council Members
FROM: Pio Martin, Finance Director
DATE: March 17, 2025
SUBJECT: Monthly Staff Report
West America Bank
On March 13th a recent security incident involving the city's West America Bank account in which a fraudulent check was created using the city's routing number and bank account information.
Fortunately, due to the bank's detection systems, the check was flagged as fraudulent and did not clear against our account. To prevent similar incidents in the future, we are in the process of enrolling in West America Bank's Onsite Banker Plus service, also known as Positive Pay. This service will provide an additional layer of security by requiring a second verification step for all checks issued by the city. We will be uploading a check register file to the bank, allowing them to cross-reference and verify each check before processing.
The city contacted United Security Bank to inquire about their Positive Pay program. We are pleased to report that United Security Bank confirmed they offer similar service. We are now in the process of signing up for their program and will implement it as quickly as possible.
City Council Meeting 03/17/2025
TO: Mayor Freddy Valdez and Council Members
FROM: Olga Flores, Acting Deputy City Clerk
DATE: March 17, 2025
SUBJECT: Monthly Staff Report
RECOMMENDATION:
None, information only.
Date Reminders
1. March 28th - Farmworker Appreciation Day.
2. April 1st – 700 form deadline.
3. April 23-25 – City Leaders Summit in Sacramento.
4. October 16-18 – Annual conference and Expo in Long Beach.
Thank you Council and Staff for the trust and support as I take on this temporary role.
City of Firebaugh Public Works Department
Staff Report
To: Mayor Freddy Valdez and City Council Members
From: Michael Molina, Public Works Director
Date: March 17,, 2025 - Council Meeting
Water/Waste Water
The operation department has been working on the following:
1. Day to day operations of treatment plants.
2. Work on repairing Aerator’s at waste plant..
3. Working with contractor on getting well 12 to perform at max.
4. Weed abatement around water and sewer facilitys
Streets
The Street Department has been working on the following:
1. Cleaning storm drains and drain inlets..
2. Patching pot on main street and areas around town.
3. Repairing fire Hydrants around town..
Parks
The Crew has been working on the following:
1. Painting dug outs Dunkle park and getting fields ready for new baseball season.
2.Cleaning up areas on Hwy 33.
3.Sparying weeds around parks and city propertys
City Projects:
1. The alley project has begun.
2. The Qst project will begin March31,2025
3. FIREBAUGH POLICE DEPARTMENT
Memo
To: Honorable Mayor Freddy Valdez and Council Members
From: Salvador Raygoza, Police Chief
cc: Ben Gallegos, City Manager
Date: 03/12/2025
Re: Staff Report
The following staff report is crime data for the months of January and February 2025, using the National Incident-Based Reporting System (NIBRS) guidelines. As you may be aware, NIBRS provides a more detailed and specific approach to crime data collection compared to the Uniform Crime Reporting (UCR) guidelines, resulting in seemingly higher numbers but offering a more comprehensive understanding of crime patterns.
Aggravated Assaults:
In the first two months of 2025, we recorded a total of nine aggravated assaults, with a notable decrease in February, where only two incidents occurred. Most of these assaults are linked to domestic violence situations, highlighting a critical area for continued focus and intervention.
Property Crimes:
I have noticed a decrease in thefts compared to the same period in 2024, which is a positive development. However, there has been a significant rise in vandalism, particularly in the month of February 2025. This increase is primarily attributed to gang-related graffiti, with Sureno and Norteno gangs frequently crossing out each other's markings. Our officers are actively pursuing leads to identify and apprehend those responsible, and we anticipate progress in reducing these incidents soon with the arrest of involved subjects.
Other Crime Categories:
All other crime categories have remained stable with no significant fluctuations. This consistency is a positive indicator of our ongoing efforts to maintain public safety. 2 Crime Trends and Officer Activity:
The busiest days for police activity during this period were Wednesdays and Fridays, while Tuesdays and Sundays were the least active. Our officers have been diligent, issuing 108 traffic citations, filing 93 police reports, and making 24 arrests. Additionally, our dispatch center handled 671 incoming calls, excluding the 202 self-initiated calls by patrol officers.
Attached to this memo, you will find detailed charts comparing the crime data from 2024 to the current year, providing a visual representation of these trends.
We remain committed to enhancing the safety and security of our community and will continue to address these challenges with targeted strategies and community engagement.
Please feel free to reach out if you have any questions or require further information.
Monthly Crime Data Comparison
Jan24Jan25Feb24Feb25
Murder 0 0 0 0
Arson 0 1 0 1
Robbery 0 0 0 0
Rape 0 0 0 0
Sex Crime Not Rape 0 0 0 0
Aggravated Assault 8 7 7 2
Simple Assault 1 1 1 1
Burglary/Breaking & Entering 3 3 0 0
Theft from Vehicle & Building 1 2 1 0
Fraud Including Credit Card Fraud 0 0 1 2
Larceny 0 1 1 1
Shoplifting 0 0 1 0
Stolen Property Offenses 1 0 1 0
Auto theft 1 1 2 0
Trespassing on property 2 0 1 3
Vandalism of property 7 7 5 17
Drug/Narcotic Violations 2 4 3 2
Drug Equipment Violations 2 3 1 0
Weapons Law Violations 2 0 5 5
Driving Under the Influence 3 4 6 2
All Other Offenses 9 14 6 11
3 PERSONNEL:
The department’s personnel strength stands at 24, this includes 13 sworn officers including myself, 4 full time dispatchers, 1 Records Supervisor, 2 part-time dispatchers, 1 code enforcement officer and 3 reserve officers.
I wanted to inform you that we currently have two reserve officers undergoing field training.
This preparation is essential to ensure they are ready to assist in covering patrol shifts, particularly during times when our full-time officers are on vacation or call in sick.
Additionally, these reserve officers will be instrumental in maintaining coverage when fulltime officers attend training sessions.
Moreover, I have been notified of the potential departure of one of our full-time officers to another agency. This development further underscores the importance of having well-trained reserve officers to maintain seamless operations and public safety.
TRAINING
The Firebaugh Police Department officers receive required Perishable Skills Training to stay in compliance with POST requirements. Over the next two months, all officers and reserve officers will be sent required training.