MEETING AGENDA
The City Council / Successor Agency of the City of Firebaugh Vol. No. 25 / 04-07
Location of Meeting: Andrew Firebaugh Community Center
1655 13th Street, Firebaugh CA 93622
Date / Time: April 7, 2025 / 5:30 p.m.
CALL TO ORDER
ROLL CALL Mayor Freddy Valdez
Mayor Pro-Tem Silvia Renteria
Council Member Brady Jenkins
Council Member Felipe Perez
Council Member Elsa Lopez
In compliance with the Americans with Disabilities Act, if you need special assistance to access the Andrew Firebaugh Community Center to participate at this meeting, please contact the Deputy City Clerk at (559) 659-2043.
Notification 48 hours prior to the meeting will enable the city to make reasonable arrangements to ensure accessibility to the Andrew Firebaugh Community Center.
Any writing or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at City Hall, in the Deputy City Clerk’s office, during normal business hours.
PLEDGE OF ALLEGIANCE
APPROVAL OF THE AGENDA
PUBLIC COMMENT
Any person or persons wishing to address the City Council on any matter that is not on the agenda may do so at this time. Individuals must limit their comments to three minutes. Issues raised during Public Comments are informational only and the Council cannot take action at this time. All comments should be directed at the Mayor and not at individual Councilmembers or staff members.
CONSENT CALENDAR
Items listed on the calendar are considered routine and are acted upon by one motion unless any Council member requests separate action. Typical items include minutes, claims, adoption of ordinances previously introduced and discussed, execution of agreements and other similar items.
1. APPROVAL OF MINUTES – Meeting Minutes March 17, 2025
PUBLIC HEARING
2. ORDINANCE NO. 25-01 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH UPDATING LANGUAGE OF CHAPTER 6 ENTITLED ANIMAL REGULATIONS OF FIRBAUGH MUNICIPAL CODE – SECOND READING.
Recommended Action: Council receives public comment and approves Ord. 25-01 Certification of posting the agenda:
I declare under penalty of perjury that I am employed by the City of Firebaugh and that I posted this agenda on the bulletin at City Hall on April 4, 2025, at 5:00 p.m., by Olga Flores, Acting Deputy City Clerk
3. ORDINANCE 25-02 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH APPROVING ZONING AMENDMENT 2025-01 WHICH AMENDS CHAPTER 25 (ZONING) AND CHAPTER 30 (DENSITY BONUS AND HOUSING GOALS) OF THE FIREBAUGH MUNICIPAL CODE TO IMPLEMENT THE 6 TH
CYCLE HOUSING ELEMENT – SECOND READING
Recommended Action: Council receives public comment and approves Ord. 25-02.
NEW BUSINESS
4. PRESENTATION BY RYAN JOLLEY, CPA – FROM BRYANT JOLLEY, CPA’S OF THE ANNUAL INDEPENDENT AUDIT REPORT FOR THE FISCAL YEAR 2023 – 2024.
Recommended Action: Council review and accept fiscal year 2023 – 2024 audited report as presented.
5. AMERICAN RESCUE PLAN ACT OF 2021 FUND BALANCE
Recommended Action: Council to discuss and give direction to City Manager STAFF REPORTS – Written and enclosed in the agenda packet.
COUNCIL MEMBERS AGENDA ITEMS
PUBLIC COMMENT ON CLOSED SESSION ITEMS ONLY
CLOSED SESSION
6. Government Code Section 54957
Public Employee Performance Evaluation – City Manager
7. Government Code Section 54957.6
Government Code Section 54957.6 - Conference with Labor Negotiator Agency Designated Representatives: Christina D. Smith, City Attorney and Ben Gallegos, City Manager Employee Organizations: Firebaugh Police Officers Association, Public Works, and Unrepresented Groups.
ANNOUNCEMENT AFTER CLOSED SESSION
ADJOURNMENT
Meeting Minutes
The City Council/Successor Agency of the City of Firebaugh Vol. No. 25 / 03-17
_____________________________________________________________________________________ Location of Meeting Andrew Firebaugh community Center
1655 13th Street, Firebaugh, CA. 93622
Date / Time March 17, 2025 / 5:30 p.m.
CALL TO ORDER Meeting was called to order by Mayor Pro-Tem Renteria at 5:30 p.m.
ROLL CALL Mayor Pro-Tem Silvia Renteria
Council Member Brady Jenkins left at 6:39 p.m.
Council Member Felipe Perez
Council Member Elsa Lopez
ABSENT: Mayor Freddy Valdez
Others City Attorney Christina Smith, City Manager Ben Gallegos, Acting Deputy Clerk Olga Flores, Public Works Director Michael Molina, Finance Director Pio Martin, Police Chief Sal Raygoza, Planning City Planner Kelsey George.
PLEDGE OF ALLEGIANCE Led by Mayor Pro-Tem Renteria
APPROVAL OF THE AGENDA
Motion to approve agenda by Council Member Lopez, seconded by Council Member Jenkins, motion passed by 4-0 vote.
PRESENTATION None
PUBLIC COMMENT
E. Martinez reported the street sweeper time worked really well and can see most of the cars are moved out of the way, he mentioned he would like to talk to the driver because he lives in a corner and the driver misses the front of the house and only gets the driveway when he turns around. He also reported an issue at Maldonado Park basketball court having a big sink hole and he has seen a couple of kids take a fall, there is also another sink hole on Clyde Fannon and “P” Street and kids have been falling there too.
CONSENT CALENDAR
1. APPROVAL OF MINUTES: Meeting Minutes March 03, 2025
2. WARRANT REGISTER: Period starting February 01, ending February 28, 2025 February 2025 General Warrants #47211 - #47371 $965,308.53 Payroll Warrants #72453 - #72479 $244,116.57
Total $1,209,425.10
3. RESOLUTION NO. 25-05 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FIREBAUGH AUTHORIZING STAFF TO SUBMIT THE HOUSING ELEMENT ANNUAL PROGRESS REPORT FOR THE 2024 CALENDAR YEAR
Motion to approve Consent Calendar by Council Member Jenkins, seconded by Council Member Lopez, motion passed by 4-0 vote.
RETURN TO AGENDA
PUBLIC HEARING
4. ORDINANCE 25-02 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH INTRODUCING ZONING AMENDMDENT 2025-01 WHICH AMENDS CHAPTER 25 (ZONING) AND CHAPTER 30 (DENSITY BONUS AND HOUSING GOALS) OF THE FIREBAUGH MUNICIPAL CODE TO IMPLEMENT THE 6TH CYCLE HOUSING ELEMENT Opening Hearing at 5:43 p.m. – no comment given – Close Hearing at 5:44 p.m.
Motion to approve Ordinance 25-02 by Council Member Lopez, seconded by Council Member Perez, motion passed by 4-0 vote.
NEW BUSINESS
5. RESOLUTION NO. 25-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FIREBAUGH DIRECTING THE FILING OF THE ANNUAL ASSESSMENTS FOR LANDSCAPING AND LIGHTING MAINTENANCE DISTRIC NO. 1 IN THE CITY OF FIREBAUGH.
Motion to approve Resolution No. 25-06 by Council Member Lopez, seconded by Council Member Perez, motion passed by 4-0 vote.
6. RESOLUTION NO. 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.
Motion to approve Resolution No. 25-07 by Council Member Lopez, seconded by Council Member Perez, motion passed by 4-0 vote.
7. THE CITY COUNCIL OF THE CITY OF FIRBAUGH TO DISCUSS THE REQUEST OF $200,000.00 FOR A TEST WELL ON WELL #12 OUT OF THE RESERVE WATER FUND.
Council gave the City Manager direction to continue with the testing
8. THE CITY COUNCIL OF THE CITY OF FIREBAUGH TO DISCUSS THE FUTURE FUNDING FOR PUBLIC SAFETY.
City Manager Ben Gallegos and Finance Director Pio Martin advised the Council that the city would need to hire a firm to compile information and form a proposal to advise the city on how to collect the tax and when to include it on an upcoming election ballot.
Council gave the City Manager direction to bring back quotes and pricing from firms, Ben said he would like to bring it back during budget talks so it can be included in the budget. Pio said we would need to send out an RFP and put it in the budget on July 1st.
9. THE CITY COUNCIL OF THE CITY OF FIREBAUGH TO DISCUSS AND APPROVE THE FEE SCHEDULE FOR VFW HALL.
Motion to approve VFW Fee Schedule with the following amendments by Council Member Jenkins, seconded by Council Member Lopez, motion passed by 4-0 votes. • Application Fee $25.00
• Rental Fee $1,000.00
• Cleaning Deposit $300.00
• Non-Profit Rental Fee $500.00
• Funeral Service Fee $500.00 Monday through Thursday
$1,000.00 Friday through Sunday
• Security Fee $32.60 Per officer per hour
STAFF REPORT – Written and enclosed in the agenda packet. Finance Director, Pio Martin – Nothing to add.
Acting Deputy City Clerk, Olga Flores – Nothing to add. City Engineer, Mario Gouveia – Cal trans will be doing the final when the weather allows it. Three street repair rehab projects are ongoing. City Manager, Ben Gallegos – Kennel building plans have been approved, site plans have not yet been approved.
Public Works Director, Michael Molina – Nothing to add Police Chief Sal Raygoza – An officer has been assigned to MAGIC one day out of the week and has worked with Magic serving 3 warrants 2 in the city of Mendota and one in the city of Firebaugh, which led to the recovery of guns, narcotics, and ammo. District Attorney Lisa Smithcamp took a tour of the department and was very impressed, also have officers going through principal skills and the officer working with MAGIC is going to take the investigators course.
Council Member Perez – Nothing to report.
Council Member Lopez - Nothing to report.
Mayor Pro-Tem Renteria – Nothing to report.
COUNCIL MEMBERS AGENDA ITEMS
Mayor Pro – Tem Renteria is requesting the following:
• Itemized report on what has been spent on the dog pound. • Update on employee negotiations
• Itemized report on how the ARPA money was spent.
• Closed session for City Manager Ben Gallegos’ evaluation on April 07, 2025, meeting.
ADJOURNMENT
Motion to adjourn at 7:02 p.m. by Council Member Lopez, seconded by Council Member Perez, motion passed by 3-0 vote.
ORDINANCE NO. 25-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH UPDATING LANGUAGE OF CHAPTER 6 ENTITLED ANIMAL REGULATIONS OF FIREBAUGH MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF FIREBAGUH DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 6 of the Firebaugh Municipal Code, Animal Regulation will be replaced in its entirety with updated language consisting of Sections 6-1 "Dogs, Cats, Domestic Animals, and Other Animals, and Section 6-2 "Vicious or Potentially Dangerous Animals".
SECTION 2. The complete updated Chapter 6 language is attached to this Ordinance as Exhibit "1" and is incorporated into this Ordinance in its entirety by reference.
SECTION 3. Severability. If any part of this Ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this Ordinance, and the City Council hereby declares that it would have passed the remainder of this Ordinance, as ifsuch invalid portion thereof had been deleted.
SECTION 4. This ordinance shall take effect thirty (30) days after its passage.
SECTION 5. The City Clerk is hereby ordered and directed to certify the passage of this Ordinance and to cause the same to be published once in a newspaper of general circulation, published in the County of Fresno.
I, Olga Flores, Acting Deputy City Clerk for the City of Firebaugh do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Firebaugh held on the 6 th day
of January, 2025, and passed and adopted at a regular meeting of the City Council held on the 7th day of April, 2025, by the following vote, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED: ATTEST:
Freddy Valdez, Mayor Olga Flores, Acting Deputy City Clerk
RETURN TO AGENDA
Chapter 6
ANIMAL REGULATIONS
§ 6-1. DOGS CATS, DOMESTIC
ANIMALS AND OTHER ANIMALS
§ 6-1.1 Definitions
§ 6-1.2. Pound Master.
§ 6-1.3. Animal Shelter.
§ 6-1.4. Dog License Tax
§ 6-1.5. License Tax-Payment-Tag
§ 6-1.6. Vaccination Required
§ 6-1.7. Impoundment- Notification of
Owner
§ 6-1.8. Impoundment- Destruction of
Sale
§ 6-1.9. Sale of Redemption- License
and vaccination required.
§ 6-1.10. Minimum Standards of
Sanitation, Care, Housing of animals.
§ 6-1.11. Fouling
§ 6-1.12. Appropriate Fence
§ 6-1.13. Number of animals per
household- Prohibited Animals
§ 6-1.14. Cruelty to Animals.
§ 6-1.15. Right of Entry for
Enforcement Conditions
§ 6-1.16. Obstruction.
§ 6-1.17. Duty to Report Exposure to
Rabies/Bites
§ 6-1.18. Unlawful Acts
§ 6-1.19. Authorization for Fines
§ 6-1.20. (RESERVED).
§ 6-2. VICIOUS OR POTENTIALLY
DANGEROUS ANIMALS.
§ 6-2.1. Definitions
§ 6-2.2. Procedure for
Determination of Status of Vicious,
Dangerous, or Potentially
Dangerous Animal.
§ 6-2.3. Hearing.
§ 6-2.4. Exceptions.
§ 6-2.5. Appeals.
§ 6-2.6. Notice of Escape.
§ 6-2.7. (RESERVED).
§ 6-1. DOGS CATS, DOMESTIC ANIMALS AND OTHER ANIMALS. [HISTORY: Regulations concerning dogs were adopted by Ordinance #108, #310 and #355. Language found in the chapter supersedes conflicting language in Ordinance #108, #310, and #355.] § 6-1.1. Definitions.
When used in this chapter, the words defined in this section shall have the meanings prescribed in this section.
a. DOG - shall mean and include any dog more than four months old and shall be deemed to include female as well as male dogs, except when otherwise specially provided herein.
b. UNLICENSED DOG – shall mean a dog for which the license for the current year has not been paid, or to which the tag provided for in this section is not attached. c. OWNER - primary or responsible person who possesses, has title to, or an interest in, harbors, provides care, or has control, custody, or possession of an animal, and the verb "to own" includes all these meanings. In addition, any person finding a stray animal who harbors, provides care, or has control, custody, or possession of that animal for more than ten business days is to be considered the owner as defined in this section and is responsible for all rules, regulations and fees pertaining to such animal. d. ANIMAL CONTROL - the department within the City of Firebaugh, which is established as the animal control agency in the City.
e. ANIMAL CONTROL MANAGER – the management head of animal control and his or her duly authorized staff.
f. ANIMAL CONTROL SHELTER – the facilities provided by the City for the impoundment, relinquishment, quarantine, and adoption or sale of animals. g. ANIMAL NUISANCE – within the meaning of this title, means such actions or behaviors of an animal which interfere with the rights of persons to the enjoyment of life or property by creating chronic and unreasonable annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept, harbored or maintained, and shall include, but not be limited to the following:
1. Causing fouling of the air by the unpleasant odor of accumulated fecal waste or urine. Such fouling of the air must be detected from a location or locations other than the property in question;
2. Causing unsanitary conditions in enclosures or surroundings;
3. Making a chronic, continuous excessively loud, or disturbing noise of more than a fifteen-minute duration per incident, that prevents the resident or residents of any property from enjoying the full use of that property for any lawful purpose including but not limited to sleep or rest. This does not include periodic barking or other utterances of short duration; or
4. Causing offense or danger to public health, safety, or welfare by virtue of the number ortypes of animals and the method by which they are maintained. A violation of this subsection 4 shall initially be determined by the investigating animal control officer, who shall refer the matter to the appropriate county or state agencies as required by law.
h. APPRORIATE FENCE – as used in this chapter unless otherwise specified means a fence of sufficient height, strength, and capacity; and which is maintained in good repair, to prevent (except with the assistance of a human being) the ingress and egress of the animals housed or controlled on the property.
i. AT LARGE – An animal shall be deemed to be running at large when off or away from the premises of the owner or custodian thereof, and not under the control of such owner or custodian or his agent or servant, or a member of his immediate family, either by chain or leash.
j. CATTERY – any enclosure, premises, building, structure, lot, or area in or on which four or more cats of at least six months of age are kept, harbored, or maintained. k. CURB – to so restrain or control an animal so that it does not defecate on public property or the property of others except by the expressed consent of the owner of such property.
l. DOG LICENSE – as used in this title means a metallic tag, which will be firmly affixed to the animal’s collar on which is imprinted the phone number and name of the issuing agency, and a serial number unique to the individual tag. These tags are issued as outlined in Section 6-1.5.
m. DOMESTIC ANIMAL – dogs and cats, except as limited in the definition of "feral animal" in this section, as well as horses, donkeys, mules, burros, cattle, sheep, goats, swine, llamas, camels, rabbits and fowl commonly kept or raised in rural areas as farm or livestock animals.
n. FERAL ANIMAL – any domestic animal, which is known to live in a wild or semi-wild state without benefit of an owner or any domestic animal, which has escaped for a substantial period of time from the care of its owner or custodian and is existing in a wild state without benefit of domestication.
o. HEARING – for the purposes of this chapter, means the process prescribed in Section 6-2.3 for the redress of issues relating to or arising from the enforcement of this title, including, but not limited to, dangerous and vicious animals, permits, or such other administrative matters as pertain to the application of this chapter. "Hearing" may as an alternative include any administrative hearing procedure now or hereafter established by the city for the enforcement of its ordinances.
p. HEARING OFFICER – the person appointed by the animal control manager to preside at and render judgments from hearings transacted under the authority of this chapter. The person may be an employee of the city who is not assigned to animal control or otherwise subordinate to the manager thereof, or a person who is not an employee but is retained to provide such services with adequate qualifications. q. IMPOUND – the physical restraint and transport of an animal to the animal shelter by the animal control officer, other agency, or the general public. An animal confined and returned to the owner or custodian, prior to transport to the animal shelter, is to be considered impounded.
r. IMPOUNDMENT – means the taking up and confining of an animal by the animal control manager in accordance with the provisions of this chapter or other applicable law or regulation.
s. KENNEL – any enclosure, premises, building, structure, lot, or area in or on which four or more dogs of at least four months of age are kept, harbored, or maintained. t. LIVESTOCK – any horses, donkeys, mules, burros, cattle, sheep, goats, swine, llamas, camels, rabbits, and fowl commonly kept or raised in rural areas as farm or livestock animals.
u. PERMITS – within the context of this chapter and unless otherwise stated, means licenses issued by the animal control manager pursuant to the provisions of this chapter or home occupation permits which authorize either the maintaining and operating of a kennel or cattery (a kennel/cattery permit) or the keeping of a wild animal (a wild animal permit). v. VACCINATION – the inoculation of an animal with rabies and any other vaccine approved by and in the manner prescribed by the State of California, Department of Health Services.
w. VETERINARIAN – means a person licensed by the state of California to practice veterinary medicine.
x. WILD ANIMAL – means any of the following:
1. Following members of the Class Reptilia:
i. Order Ophidia (such as, but not limited to, racers, boas, water snakes, and pythons) over eight feet in length; and
ii. Order Loricata (such as, but not limited to, alligators, caymans, and crocodiles) over three feet in length; and
iii. Order Sauria (excepting iguanas) over three feet in length.
2. Following members of the Class Aves: Order Falconiformes (such as, but not limited to, hawks, eagles, and vultures, which are not kept pursuant to federal or state permit); and
3. Following members of the Class Mammalia:
i. Order Carnivora, expressly excepting the domestic dog (canis familiaris) and the domestic cat (felis catus), but including, but not limited to, the family Felidae (such as ocelots, margays, tigers, jaguars, leopards, and cougars), the family Canidae (such as wolves, dingos, coyotes, and jackals); and
ii. Order Marsupialia (such as kangaroos and opossums); and iii. Order Chiroptera (bats); and
iv. Order Edentata (such as sloths, anteaters, and armadillos); and v. Order Proboscidea (elephants); and
vi. Order Primata (including, but not limited to, monkeys, chimpanzees and gorillas); and
vii. Order Ungulata (expressly excluding any animal which would be included within the definition of "domestic animal" in this section), including, but not limited to, antelope, deer, and bison.
4. Any non-domestic species, when kept maintained, or harbored in such numbers or in such a manner as to constitute the likelihood of danger to the animals themselves, to human beings, or to the property of human beings.
5. Any species of animal which is venomous to human beings whether its venom is transmitted by bite, sting, touch, or other means, except honey-producing bees.
6. Any hybrid animal which is part wild animal and is capable of transmitting rabies, except livestock hybrids, and for which no rabies prophylaxis is recognized or authorized by the state of California.
§ 6-1.2. Pound Master
"Pound master," as used in this chapter, means the employee of the city responsible for the performance of pound services. For the purposes of this chapter, the director of public works shall be the pound master, and each and every subordinate employee of the department of public works shall assist him in the performance of his duties under this chapter, and each and every police officer of the city is authorized to enforce the provisions of this chapter. § 6-1.3. Animal Shelter.
The city shall construct and maintain a city animal shelter to be used for the impounding of dogs pursuant to the provisions hereof. The pound master shall operate the city animal shelter and shall pick up and impound all dogs which are not licensed and tagged as herein required; or which are not immunized for rabies and tagged as herein required; or which are running at large in a manner herein prohibited; or which are vicious or potentially dangerous dogs as defined in this title and not kept under effective control as herein required. The pound master and his authorized agents are empowered to enter any yard or other open space for the purpose of performing their duties under the provisions of this chapter. § 6-1.4. Dog License Tax
The city council levies and imposes upon the owner or custodian of any dog quartered within the city and over the age of four months a license tax in an amount set by the city council by resolution. The license tax shall reflect the costs to the city of registration, administration, and health and safety programs and activities of the city which are related to having dogs within the city limits.
§ 6-1.5. License tax--Payment--Tag.
It shall be the duty of the owner or custodian of any dog subject to the provisions of this chapter to pay the license tax within thirty days of the expiration of the current license, or within thirty days of the dog attaining the age of four months; or within thirty days of the date on which the dog is brought into the city. The license tax provided for in this chapter shall constitute a debt due the city at the expiration of the applicable thirty-day period of time.
Upon payment of such tax, the collector thereof shall give to the person paying the same a receipted license therefor, which license shall state the name, sex, color, and breed of such dog; and the amount of the tax so paid. The license receipt shall be made out in duplicate and a copy thereof shall be retained for the applicable calendar year in the records of the city. In addition, upon paying for the same a tag bearing a number corresponding to the number set forth on the license receipt given to such person. Thereafter, the owner or custodian of the dog so licensed shall forthwith cause the aforementioned tag to be worn on a collar by the dog.
§ 6-1.6. Vaccination Required [Ord. #]
It shall be the duty of the owner or custodian of any dog over the age of four months within the city to have such dog vaccinated with rabies vaccine once every two years, as evidenced by a certificate of immunization issued by a veterinarian licensed by the state of California.
As a condition precedent to the issuance of the dog license required under the provisions of this chapter, the owner or custodian of the dog to be licensed shall present for inspection to the collector thereof the certificate of immunization.
§ 6-1.7. Impoundment – Notification of Owner. [Ord. #]
Any dog impounded shall be kept at the city animal shelter for a period of either not less than seventy-two hours, or until the owner or custodian comes to claim the dog. If any such dog so impounded bears a current license tag, it shall be the duty of the pound master to notify the owner or custodian of such dog as the same appears on the records of the city, that such dog has been impounded. The notice shall be mailed to the address of the owner or custodian of the dog as the owner or custodian appears on the records of the city, within twenty-four hours of the dog being impounded. No duty is placed on the pound master to give similar notice to the owner or custodian of any impounded dog not bearing a current license tag.
§ 6-1.8 Impoundment—Destruction or sale. [Ord. #]
Any dog impounded for more than fourteen days shall be destroyed by the pound master in a humane manner, or in the alternative, the dog may be sold by the pound master to any responsible adult for the impoundment fee. The sale of any such dog shall pass good title to the purchaser thereof, which purchaser shall receive a bill of sale for the dog from the city.
At any time prior to the destruction or sale of such dog, the owner or custodian thereof may redeem the same by paying to the city an impoundment fee which shall be set by resolution duly enacted by the city council.
§ 6-1.9. Sale or redemption – License and vaccination required. [Ord. #] When any dog subject to the license and vaccination provisions is sold by the pound master, the person purchasing such dog shall within ten days of receiving the same have the dog licensed and vaccinated as required under the provisions of this chapter. When any unlicensed or unvaccinated dog subject to the license and vaccination provisions is redeemed by the owner or custodian thereof, such owner or custodian shall within ten days of receiving the dog have the same licensed and vaccinated as required under the provisions of this chapter. The pound master shall keep a record of the name and address of the person purchasing or redeeming an impounded dog, the date of the purchase or redemption, and the name, sex, color and breed of the dog purchased or redeemed. To ensure that the dog so purchased or redeemed is licensed and vaccinated as required, the pound master shall within ten days of the purchase or redemption of any such dog furnish the collector with the record thereof.
§ 6-1.10. Minimum Standards of sanitation, care, and housing of animals [Ord. #] It shall be unlawful for the owner or person in charge of any animal to permit such animal to remain without sufficient food, water or shelter as determined by enforcement personnel after timely checks. It shall be unlawful for any person to maintain or permit to exist any animal nuisance. Any person in violation of the provisions of this section shall be given a written notice of such violation specifying with particularity the condition or conditions involved therewith and requiring that the same be remedied within ten (10) days of the receipt of the written notice. Any person receiving such a written notice shall comply with its requirements within the ten-day period of time.
A. Animals maintained in pens, cages, or runs for periods exceeding twenty-four hours shall be provided with adequate space to prevent overcrowding and to maintain normal exercise according to species. Cages are to be of material and construction that permit cleaning and sanitizing.
B. Indoor Housing. If indoors then these facilities shall be sufficiently temperature controlled and ventilated to provide for the animal’s comfort and health.
C. Outside housing or enclosures shall allow adequate protection against weather extremes. Floors of buildings, runs, and walls shall be of waterproof material to permit proper cleaning and disinfection.
D. Provisions shall be made for the removal and proper disposal of animal and food waste, bedding, dead animals, and debris. Disposal facilities shall be provided and so operated as to minimize vermin infestation, odors, and disease hazards.
E. All animal quarters and runs are to be kept clean, dry, and in a sanitary condition.
F. The food shall be free from contamination, wholesome, palatable, and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal.
G. All animals shall have fresh water available at all times. Water vessels shall be weighted or be mounted or secured in a manner that prevents tipping. § 6-1.11. Fouling. [Ord. #]
It shall be the duty of any person having custody of a dog to curb such dog or to immediately remove any feces deposited by such dog on public property or the property of others to a proper receptacle. Unsighted persons while relying on a guide dog shall be exempt from this section. Violation of this section is an infraction.
§ 6-1.12. Appropriate Fence. [Ord. #]
Any person who owns or is responsible for the care, custody, or control of one or more animals must maintain the animals within an appropriate fence. § 6-1.13. Number of animals per household—Prohibited Animals. [Ord. #] A. Every person who owns, keeps, or maintains any animal shall adhere to the guidelines under this section. No household shall keep or maintain more than three dogs and three cats on the premises at any time, unless the household has a current home occupation permit, zoning permit, or conditional use permit to operate a kennel or cattery.
The animals shall be kept in accordance with the regulations listed in this chapter. As used in this chapter, "household" means one or more natural persons living as a family unit and occupying the same living space.
B. No person shall keep or maintain any livestock or any feral or wild animal within the city of Firebaugh.
§ 6-1.14. Cruelty to animals. [Ord. #]
No person shall beat, cruelly ill-treat, torment, overload, overwork, or otherwise abuse any animal, or cause to permit any dog fight, cockfight, or other combat between animals or between animals and humans.
§ 6-1.15. Right of entry for enforcement conditions. [Ord. #] A. The animal control manager, any officer or employee thereof, or other duly designated representatives of the city, and any law enforcement officer shall have the right to make an inspection to enforce the provisions of this title or other applicable law by entering the property to enforce the provisions of this chapter or other applicable law; provided, that:
1. If such building and/or property is occupied, he shall first present proper credentials to the occupant and request entry, explaining his reasons therefor; and if such building and/or property is unoccupied, he shall first make a reasonable effort to locate the owner thereof or other persons having authority over the building and/or property and request entry, explaining his reasons therefor.
2. If such entry into the building or upon the property be refused, the director, any officer or employee thereof, or other duly designated representatives of the city and any law enforcement officer shall obtain an inspection warrant pursuant to the provisions of the Code of Civil Procedure (Sections 1822.50 through 1822.57), for the entry and inspection of the building and/or the property. However, if the conditions of Code of Civil Procedure Section 1822.50 cannot be satisfied and criminal charges are implicated, animal control or the law enforcement officer may seek a search warrant of said building and/or the property.
§ 6-1.16. Obstruction. [Ord. #]
Any person who prevents, resists, threatens, or obstructs an attempt by the animal control or police officer to perform his or her lawful duties pursuant to this title or any person who conceals or secretes any animal subject to inspection or impoundment or any owner who fails to relinquish upon lawful demand any animal to be impounded shall be guilty of a misdemeanor.
§ 6-1.17. Duty to report exposure to rabies/bites. [Ord. #] Any person having knowledge that any animal capable of transmitting rabies has bitten or otherwise exposed to rabies a human being or other animal within the city of Firebaugh, is required to immediately report that fact to the health officer or the animal control manager.
Such person must furnish complete information thereof, including, but not limited to, any knowledge of the whereabouts of said animal. Any person failing to report an animal bite is guilty of an infraction.
§ 6-1.18. Unlawful Acts. [Ord. #]
Each and every of the following acts is declared to be unlawful:
A. For the owner or custodian of any dog subject to the license provisions of this chapter to fail to have the dog licensed and tagged as required; B. For the owner or custodian of any animal subject to the rabies immunization provisions of this chapter to fail to have the dog immunized and tagged as required; C. For the owner or custodian of any animal to cause or permit the same to run at large;
D. For the owner or custodian of any vicious dog or potentially dangerous dog to fail to keep the dog under effective control as to preclude its attack, without reasonable provocation, upon any human being or other dog. "Vicious dog," or "potentially dangerous dog" as used in this title shall have meanings provided by California Food and Agricultural Code at Sections 31602 and 31603 as they may be amended from time to time, and such other meanings as provided in this title;
E. For the owner or custodian of any animal to fail to maintain in a clean and sanitary condition, free from obnoxious smells and substances, all enclosures and other premises where any animal is kept. All places and premises upon which any animal is kept, except the inside portion of any dwelling or appurtenant building, shall be open at all times for inspection by the health officer of the city or his authorized agents; F. For the owner or custodian of any animal to fail to comply with the applicable provisions of this title. The animal control officer shall impound any animal found at large, or that is not being maintained or controlled as provided in this title. § 6-1.19. Authorization for fines. [Ord. #]
A. The owner of a non-spayed or unneutered dog that is impounded once by a city or county animal control agency or shelter society for the prevention of cruelty to animals, or humane society, shall be fined thirty-five ($35) dollars on the first occurrence, fifty ($50) dollars on the second occurrence, and one hundred ($100) dollars for the third or subsequent occurrence as provided in Food and Agricultural Code Section 30804.7 and any amended or successor provision. Fines imposed and citations written pursuant to this section shall be in addition to any other fines or impound fees imposed by the city. Fines imposed pursuant to this section shall be used for the purposes identified in subdivision (b) of Section 30804.7 of the Food and Agricultural Code.
B. Any other violation of this title, except where other penalties are provided by this title or by state law shall be an infraction punishable by a fine of not more than fifty dollars for a first offense, and by a fine of not more than one hundred dollars for a second or subsequent offense.
§ 6-2. VICIOUS OR POTENTIALLY DANGEROUS ANIMALS.
§ 6-2.1 Definitions
A. DANGEROUS ANIMAL – is a dog, cat, or other animal of sufficient size and/or temperament to cause substantial damage to property and/or injury to human beings and which has, in fact, caused damage to property and/or personal injury within the city limits.
B. POTENTIALLY DANGEROUS ANIMAL – " means any of the following:
1. Any dog which, when unprovoked, on two separate occasions within the prior thirty-six-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog.
2. Any dog which, when unprovoked, bites a person causing a less severe injury than as defined in Section 31604 of the Food and Agricultural Code.
3. Any dog which, when unprovoked, on two separate occasions within the prior thirty-six-month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog.
C. VICIOUS DOG – " means any of the following:
1. Any dog seized under Section 599aa of the Penal Code and upon the sustaining of a conviction of the owner or keeper under subdivision (a) of Section 597.5 of the Penal Code;
2. Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury (as defined in Section 31604 of the Food and Agricultural Code) on or kills a human being;
3. Any dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner or keeper has been notified of this determination, continues the behavior described in Section 31602 or is maintained in violation of Section 31641, 31642, or 31643 of the Food and Agricultural Code, or in violation of any provision of this title;
4. Any dog that engages in or has been found to have been trained to engage in exhibitions of fighting;
5. Any animal (except a dog assisting a peace officer engaged in law enforcement duties) which has, on one or more occasions, committed any one or more of the following acts:
i. Physically attacked, mauled, or physically injured by biting any person, without provocation.
ii. Physically attacked, mauled, or physically injured by biting any person, without provocation, when the owner thereof knows or should reasonably know that the animal poses a threat to public safety and has made no substantial effort to prevent the attack or when the owner has purposefully encouraged or commanded the animal to attack, maul, or physically injure any person.
iii. Physically attacked and injured by biting any animal, without provocation, which is lawfully maintained on private property not belonging to or under the control of the owner of the offending animal. iv. Physically attacked and injured by biting any animal, without provocation, which is lawfully maintained or controlled upon public property. § 6-2.2 Procedure for determination of status of a vicious, dangerous, or potentially dangerous animal. [Ord #]
Upon determining that there is substantial evidence that an animal is vicious, dangerous, or potentially dangerous, the pound master shall seize the animal and impound him in the city animal shelter or other appropriate containment facility. The pound master shall give written notice to the owner that the animal has been seized, which notice shall be delivered in the manner specified in Section 6-1.7 (substituting the term "animal" for "dog".) The notice shall inform the owner that an administrative hearing will be held no less than five (5) working days nor more than ten (10) working days after service of the notice upon the owner or keeper of the animal. The notice shall include the following information:
A. A description of the animal;
B. The date and circumstances of the property damage and/or person injury alleged to have occurred, or other facts tending to indicate the animal is dangerous, potentially dangerous, or vicious;
C. A copy of any written report, police or otherwise, to be used in connection with the hearing, and where applicable, the verified complaint of a member of the public affected by the animal’s conduct;
D. A list of witnesses to be called at the hearing by the pound master; E. Date of hearing;
F. The statement that "If the hearing officer decides that the animal is vicious, potentially dangerous or dangerous, it may direct the Pound Master to destroy the animal or make such other orders as maybe authorized by Chapter 6 of the Firebaugh Municipal Ordinance.
§ 6-2.3 Hearing [Ord #]
A. Hearing. The city manager or designee appointed as hearing officer shall conduct a hearing to determine whether or not a dog or other animal confined or impounded pursuant to Section 6-2.2 is a dangerous, potentially dangerous, or vicious animal. The hearing shall be informally conducted, and technical rules of evidence shall not apply, except that the hearing officer shall have discretion to exclude irrelevant and unduly repetitious evidence.
Any person designated to serve as a hearing officer is subject to disqualification for bias, prejudice, interest, or for any other reason for which a judge may be disqualified in a court of law. The city manager shall establish a list of qualified persons who are capable of acting on behalf of the city as hearing officers.
If the owner fails to appear at the hearing, the hearing shall nevertheless proceed, and an appropriate order shall be issued. The hearing officer may continue hearings, based on good cause, as established by one of the parties to the hearing.
B. Determination of Dangerous Animal--Evidence. In making a determination that a dog or other animal is or is not dangerous, evidence of the following shall be considered:
1. Any previous history of the dog or other animal attacking, biting, or causing injury to a human;
2. The nature and extent of injuries inflicted, and the number of victims involved;
3. The place where the bite, attack, or injury occurred;
4. The presence or absence of any provocation for the bite, attack, or injury;
5. Whether the dog or other animal exhibits any characteristics of being trained for fighting or attack or other evidence to show such training or fighting;
6. Whether the dog or other animal exhibits characteristics of aggressive or unpredictable temperament or behavior in the presence of human beings or dogs or other animals, or whether the dog exhibits the behaviors described in the definition of a "potentially dangerous dog" or "vicious dog";
7. Whether the dog or other animal can be effectively trained or retrained to change its temperament or behavior;
8. The manner in which the dog or other animal had been maintained by its owner or custodian;
9. Any other relevant evidence concerning the maintenance of the dog or other animal;
10. Any other relevant evidence regarding the ability of the owner or custodian, or the pound master, to protect the public safety in the future if the dog or other animal is permitted to remain in the city.
C. Decision of Hearing Officer. The hearing officer after a hearing shall determine whether any dog or other animal, other than a dog used in law enforcement or a guide, signal or service dog, is a potentially dangerous, dangerous, or vicious animal. The hearing officer shall determine the appropriate sanction or disposition of the animal pursuant to this section. The owner of a dog or other animal, which has been declared potentially dangerous, dangerous, or vicious shall reimburse the city for all costs associated with the hearing process.
After the hearing, the owner or keeper of the dog shall be notified in writing of the determination and orders issued, either personally or by first-class mail with the return receipt requested. The hearing officer shall make a written determination within fifteen days after the hearing is concluded, unless the animal has been impounded, in which case the determination shall be made in five working days. The decision of the hearing officer shall be final if not appealed pursuant to Section 6.08.050. A failure of the owner to receive notice by first-class mail with the return receipt requested shall not affect the validity of these proceedings.
The owner or custodian of the animal will be provided with notice of the appeal process outlined in Section 6-2.5, Appeals, and will be informed that they have a right to appeal should they disagree with the findings of the hearing.
D. Disposition of Vicious Animal.
1. It is unlawful for any person to own, possess, harbor, or keep any dog or other animal declared by the hearing officer, after a hearing, to be vicious.
2. Any dog or other animal declared by the hearing officer to be vicious, if not already impounded by the pound master, shall be immediately surrendered to the pound master, and it is the duty of the pound master to take up and impound any such dog or other animal.
3. Any dog or other animal declared to be a vicious animal shall be humanely destroyed. The hearing officer shall sign an order authorizing the destruction of the dog or other animal after the time for appeal as provided in Section 6.08.050 of this chapter has passed without an appeal being filed.
E. Restrictions on Dog or Other Animal Found Dangerous, Potentially Dangerous or Not Dangerous. If it is determined that the dog or other animal is dangerous, potentially dangerous, or not dangerous, but that the bite, attack, or injury was the result of improper or negligent training, handling, or maintenance, the dog license or animal permit may:
1. Be revoked if it is determined that the owner or custodian is unable or unwilling to properly train, handle, or maintain the dog or other animal and a similar incident is likely to occur in the future without proper training, handling, or maintenance; or
2. Be reissued with reasonable terms, conditions or restrictions imposed for the training, handling, or maintenance of the dog or other animal to protect the public health, safety, and welfare if it is determined that the owner or custodian is able and willing to properly train, handle or maintain the dog or other animal and a similar incident is not likely to occur in the future with proper training, handling or maintenance. The hearing officer shall consider whether to impose and may impose other restrictions, which may include, but shall not be limited to requiring that:
i. A potentially dangerous dog, while on the owner’s property, shall, at all times, be kept indoors, or in a securely fenced yard from which the dog cannot escape, and into which children cannot trespass. A potentially dangerous animal may be off the owner’s premises only if it is muzzled and restrained by a substantial leash, not exceeding six feet in length, and if it is under the control of a responsible adult who is capable of restraining and controlling the dog. At no time may the dog be left unattended while off the owner’s premises.
ii. The dog must complete an obedience course and provide proof of completion of such course to animal control within sixty days after the release of the dog to its owner or custodian. The course will be paid for by the owner or custodian of the dog. The course shall be a course approved by animal control.
iii. The dog must be spayed or neutered at the expense of the owner prior to the release of the dog to its owner or custodian. iv. The dog may be required to wear a bright fluorescent yellow collar visible at fifty feet in normal daylight, which will be provided by animal control at the owner’s expense.
v. The owner or custodian of the dog may be required to maintain general liability insurance covering property damage and bodily injury caused by a potentially dangerous or vicious dog, with a combined single limit of three hundred thousand dollars per occurrence and may be required to show proof of such insurance within thirty days after the court has made its determination.
vi. The owner or custodian must notify the animal control officer in writing within three days if the location of the animal is to be permanently changed.
Prior to re-issuance of the license, the owner of the dog or other animal shall show proof that the dog or other animal has successfully complied with the requirements imposed by the hearing officer and completed a training course with a qualified animal or dog obedience trainer. The pound master shall maintain a list of animal or dog obedience trainers, which, in the pound master’s discretion, are able and qualified to successfully train animals and dogs which have exhibited dangerous behavior. Upon request, the pound master shall make such list available to the owner of a dog or other animal affected by the provisions of this section.
F. Revoked License--Previously Impounded or Confined.
1. If a dog or other animal has been impounded or confined pursuant to Section 6-2.2, et seq., and its license or permit has been revoked pursuant to subsection (E)(1) of this section on a finding that the dog is potentially dangerous, and the owner or custodian wishes to reclaim and remove it from the custody of the pound master, the pound master shall release it provided the dog or other animal is taken to a location outside the city immediately and directly upon its release from impound or confinement. Failure to permanently remove the dog or other animal immediately and directly from the city upon release from impound or confinement is a misdemeanor.
2. Any dog or other animal which has previously been impounded or otherwise confined pursuant to Section 6-2.2, et seq., and which has not been claimed within five calendar days of service of a notice of revocation of its license or permit shall be deemed abandoned and shall be disposed of by the pound master in accordance with this chapter. Notwithstanding the above, the owner may enter into a written agreement with the pound master to take additional time to remove or to cause the dog or other animal to be removed to a new location outside the city. Such additional time shall not exceed ten days. For each additional day agreed to, the pound fees as established by the pound master shall be paid prior to the release of the dog or other animal.
G. Animal Identification. Any dog or other animal subject to this section must be identified by the pound master by the use of permanent marking prior to its release from impound or confinement. Permanent marking may be achieved by the insertion of a microchip, radio transmitter or other device, or the application of other appropriate markings or technology that will permit identification of the animal.
H. Limitation on New Licenses. Any person whose dog or other animal has been declared vicious or whose license or permit has been revoked under this section shall not own, possess, control, or be in charge of any animal of the species declared to be vicious or whose license or permit has been revoked for a period of three years from the date of the action declaring the animal vicious or revoking the license or permit. The controller shall not issue or renew any license or permit for said species of animal, except that upon the written request of the person whose dog or other animal has been declared vicious or whose license or permit has been revoked, the pound master may on good cause shown authorize the issuance of a dog license.
I. Exceptions to Vicious Declaration.
1. No dog or other animal may be declared vicious, dangerous, or potentially dangerous that inflicts injury or damage on a person committing a willful trespass or other tort upon premises occupied by the owner or the dog or other animal, or teasing, tormenting, abusing or assaulting the dog or other animal, or committing or attempting to commit a crime.
2. No dog or other animal may be declared vicious, dangerous, or potentially dangerous if it inflicts injury or damage on a domestic animal that was teasing, tormenting, abusing or assaulting the dog or other animal.
3. No dog or other animal may be declared vicious, dangerous, or potentially dangerous for taking any action to defend or protect a human being within the immediate vicinity of the dog or other animal from an unjustified attack or assault. § 6-2.4 Exceptions. [Ord #]
Nothing in this chapter shall authorize the destruction of a dog who has bitten a trespasser; or a dog used in military or police work while performing its duty. § 6-2.5 Appeals [Ord #]
If the owner or keeper of the animal contests the determination, he or she may, within five days of the service of the notice of determination if service is by personal service, or within six days of service of the notice of determination if service is by mail, appeal the decision of the hearing officer to the superior court or other court having jurisdiction pursuant to the provisions of Food and Agricultural Code Section 31622 as it may be amended from time to time. The owner or keeper of the animal shall serve personally or by first class mail with a return receipt requested notice of the appeal to the city. Any such appeal shall be a trial de novo. The determination of the court hearing the appeal shall be final and conclusive upon all parties.
§ 6-2.6 Notice of Escape [Ord #]
Any person keeping, harboring, maintaining, or owning a potentially dangerous dog, vicious dog, dangerous animal, vicious animal, or wild animal that escapes from its confinement shall immediately notify the animal control manager within one business day of such escape. Notification shall first be by phone and shall be followed with a written notification which includes the following information, as known:
A. The date, place, and time of the animal’s escape;
B. A description of the animal and its condition at the time of escape; and C. The name, address, and residential and occupational telephone numbers of the owner of the animal.
1 ORDINANCE NO. 2025-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FIREBAUGH APPROVING ZONING AMENDMDENT 2025-01 WHICH AMENDS CHAPTER 25 (ZONING) AND CHAPTER 30 (DENSITY BONUS AND HOUSING GOALS) OF THE FIREBAUGH MUNICIPAL CODE TO IMPLEMENT THE 6TH CYCLE HOUSING
ELEMENT
WHEREAS, the City of Firebaugh has a certified Housing Element with the California Department of Housing and Community Development (HCD) that complies with Housing Element Law; and
WHEREAS, the Housing Element includes the Housing Element Action Plan, which outlines goals and programs to facilitate implementation of the 6th Cycle Housing Element; and WHEREAS, Program 21 of the Housing Element requires amendments to Chapter 25 and Chapter 30 of the Firebaugh Municipal Code (Zoning Ordinance) to remove development constraints and facilitate housing development; and
WHEREAS, the Planning Commission has the authority to review and make recommendations to the City Council regarding Zoning Ordinance Amendment Applications, including ZOA 2025-01; and
WHEREAS, at a regularly schedule public hearing of the Planning Commission on March 10, 2025, the Commission approved Resolution PZ25-01, recommending the City Council approve ZOA 2025-01; and
WHEREAS, the City Council has the authority to review and approve actions regarding Zoning Ordinance Amendment Applications, including ZOA 2025-01; and WHEREAS, a public hearing notice was published in accordance with Firebaugh Municipal Code (FMC) Section 25-5.1, as required by law, at least ten (10) days prior to the City Council hearing; and
WHEREAS, The City Council held a duly noticed public hearing on March 17, 2025, to introduce ZOA 2025-01 and waive the first reading, during which it reviewed staff reports, environmental documents, and public testimony related to ZOA 2025-01; and WHEREAS, The proposed zoning code amendment is exempt from further analysis under the California Environmental Quality Act (CEQA) as per Guidelines Sections 15061(b)(3), 15262, and 15283.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FIREBAUGH DOES ORDAIN AS FOLLOWS:
RETURN TO AGENDA
Firebaugh City Council
Ordinance No. 2025-02: Housing Element Program Implementation 2 Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
The second reading of the Ordinance is hereby waived and the changes to Chapter 25 (Zoning) and Chapter 30 (Density Bonuses and Housing Goals) of the Firebaugh Municipal Code shall be revised in accordance Zoning Ordinance Amendment (ZOA) 2025-1 as shown in Attachment “A”.
Any typographical or clerical errors in this Ordinance may be remedied by the City Planner with the assistance of the City Clerk and shall not constitute an ordinance update.
This ordinance shall take effect thirty days after its adoption.
The City Clerk is authorized and directed to cause this ordinance to be codified after its adoption.
The City Clerk is further authorized and directed to cause this ordinance or a summary of this ordinance to be published once in a newspaper of general circulation published and circulated in the City of Firebaugh within 15 days after its adoption. If a summary of this ordinance is published, then the City Clerk also shall cause a summary of the proposed ordinance to be published and a certified copy of the full text of the proposed ordinance to be posted in the office of the City Clerk at least five days prior to the Council’s 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 was introduced at a regular meeting of the City Council of the City of Firebaugh on March 17, 2025, and adopted at a regular meeting of the City Council of the City of Firebaugh on April 7th, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED: ATTEST:
___________________________ ___________________________ Freddy Valdez, Mayor Olga Flores, Acting Deputy Clerk
ATTACHMENTS: A: Proposed Chapter 25 and Chapter 30 of the Firebaugh Municipal Code City of Firebaugh, CA
Downloaded from https://ecode360.com/FI4072 on 2024-10-21 § 25-15. R-1 ZONE (CONVENTIONAL SINGLE-FAMILY RESIDENTIAL). § 25-15.1. Purpose.
The purpose of the R-1 District is to provide living areas within Firebaugh where development is consistent with the Firebaugh General Plan and is generally limited to low-density concentrations of single-family dwellings, and where regulations are designed to promote the following: (1) encourage a suitable environment for family life; (2) provide space for community facilities, including parks, schools, churches and other facilities that will complement the residential environment; (3) a circulation system that is pedestrian-friendly, is properly connected to the community at-large and adjacent residential developments, and provides for alternative forms of transportation; (4) an attractive and unique neighborhood design that ranges from streetscape to the residential dwellings themselves; and (5) the conservation of valuable resources ranging from water to energy.
§ 25-15.2. Subdistricts.
In order to adequately plan for single-family development at various densities, the R-1 district is further divided into the following subdistricts:
a. R-1 (single-family residential, 6,500 square foot minimum lot size); b. R-1-5 (single-family residential, 5,000 square foot minimum lot size); and c. R-1-4.25 (single-family residential, 4,250 square foot lot size). § 25-15.3. Permitted Uses. [Amended 12-19-2022 by Ord. No. 22-05] The following uses are permitted by administrative approval, subject to development standards contained in this § 25-15.
a. Single-family dwellings, including conventional stick-built, and mobile homes/modular homes subject to design standards contained in § 25-15.9 of this chapter. b. Accessory buildings and structures, including garages, sheds and similar. c. Swimming pools, subject to standards contained in § 25-15.5d (Yard Setbacks). d. Home occupations, subject to standards contained in § 25-41 (Special Uses). e. Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs), subject to standards contained in Section 25-41.9 (Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs)).
f. Small day-care homes (for one to eight children).
g. Residential care facilities that operate as single-family residences that do not provide licensable services, pursuant to Health and Safety Code Section 1568.0831. h. Licensed residential care facilities serving six or fewer persons. i. Employee housing, 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 Attachment A
City of Firebaugh, CA
Downloaded from https://ecode360.com/FI4072 on 2024-10-21 § 25-15.3 § 25-15.4
and shall be provided to any peace officer, City inspector or state inspector, upon demand. j. Drainage basins.
k. Water well sites.
l. Utility facilities, including electrical substations, elevated pressure tanks, and communication equipment buildings.
m. Model homes, subdivision sales offices and temporary construction materials storage yards associated with the development of a residential subdivision. n. Transitional and supportive housing that operate as a single family residence pursuant to Government Code Section 65583(a)(5).
o. Storage of recreational vehicles, motorhome, travel trailer, truck camper, camping trailer, boat or boat trailer storage.
§ 25-15.4. Conditional Uses.
The following uses shall be permitted upon the granting of a conditional use permit consistent with § 25-51, Conditional Use Permits.
a. Public and quasipublic uses of an educational or religious type including public and parochial elementary schools, junior high schools, high schools and colleges; nursery schools, nonprofit schools and colleges; churches and other religious institutions. b. Licensed senior citizen housing facilities.
c. Licensed large family day-care facilities (for nine or more children). d. Licensed residential care facilities serving more than six persons.
City of Firebaugh, CA
Downloaded from https://ecode360.com/FI4072 on 2024-10-21 § 25-17. R-1 (TN) ZONES [SINGLE-FAMILY RESIDENTIAL (TRADITIONAL NEIGHBORHOOD)].
§ 25-17.1. Purpose.
a. The purpose of the R-1 (TN) districts is to provide livable and pedestrian-oriented residential areas within Firebaugh where development is consistent with the Firebaugh General Plan and is generally limited to low-density concentrations of single-family dwellings. A key feature of the Traditional Neighborhood Zones is the review of architectural character of new dwellings, and emphasis on careful design to encourage a pedestrian-friendly neighborhood environment. Regulations in the TN Zones are designed to promote the following:
1. An attractive and unique neighborhood design that ranges from streetscape to the residential dwellings themselves which will be designed to promote interaction with the neighborhood, including the use of front porches, and garages set back behind the front plane of the dwelling; and
2. Encourage a suitable environment for family life;
3. Provide space for community facilities, including parks, schools, churches and other facilities that will complement the residential environment;
4. A circulation system that is pedestrian-friendly, is well connected to the community at large and adjacent residential developments, and provides for alternative forms of transportation;
5. The conservation of valuable resources ranging from water to energy. b. A key feature of the R-1 (TN) zones is the review of the architectural character of singlefamily dwellings, to ensure that homes reflect styles that are historic to the San Joaquin Valley.
§ 25-17.2. Subdistricts.
In order to adequately plan for single-family development at various densities, the R-1 (TN) district is further divided into the following subdistricts:
a. R-1 (TN) (single-family residential, 6,500 square foot minimum lot size); b. R-1-5 (TN) (single-family residential, 5,000 square foot minimum lot size); and c. R-1-4.25 (TN) (single-family residential, 4,250 square foot lot size). § 25-17.3. Permitted Uses. [Amended 12-19-2022 by Ord. No. 22-05] The following uses are permitted by administrative approval, subject to development standards contained in this chapter.
a. Single-family dwellings, including conventional stick-built, and mobile homes/modular homes subject to design standards contained in § 25-17.9 of this chapter.
City of Firebaugh, CA
Downloaded from https://ecode360.com/FI4072 on 2024-10-21 § 25-17.3 § 25-17.4
b. Accessory buildings and structures, including garages, swimming pools, sheds and similar. c. Home occupations, subject to standards contained in § 25-41 (Special Uses). d. Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs), subject to standards contained in Section 25-41.9 (Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs)).
e. Small day-care homes (for one to eight children), subject to standards contained in § 25-41 (Special Uses).
f. Residential care facilities that operate as single-family residences that do not provide licensable services pursuant to Health and Safety Code Section 1568.0831. g. Licensed residential care facilities serving six or fewer persons, subject to standards contained in § 25-41 (Special Uses).
h. Employee housing, 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. i. Drainage basins.
j. Water well sites.
k. Utility facilities, including electrical substations, elevated pressure tanks, and communication equipment buildings.
l. Model homes, subdivision sales offices and temporary construction materials storage yards associated with the development of a residential subdivision. m. Transitional and supportive housing that operate as a single family residence pursuant to Government Code Section 65583(a)(5).
n. Storage of recreational vehicles, motorhome, travel trailer, truck camper, camping trailer, boat or boat trailer storage, subject to standards contained in § 25-41 (Special Uses). § 25-17.4. Conditional Uses.
The following uses shall be permitted upon the granting of a conditional use permit consistent with § 25-51, Conditional Use Permits.
a. Public and quasipublic uses of an educational or religious type including public and parochial elementary schools, junior high schools, high schools and colleges; nursery schools, nonprofit schools and colleges; churches and other religious institutions. b. Licensed senior citizen housing facilities.
c. Licensed large family day-care facilities (for nine or more children). d. Licensed residential care facilities serving more than six persons, subject to standards contained in § 25-41 (Special Uses).
19-1
R-2 and R-3 Zones (Multiple
Family Residential)
Sections
25-19.1 Purpose
25-19.2 Subdistricts
25-19.3 Permitted Uses
25-19.4 Conditional Uses
25-19.5 Site Plan Review
25-19.6 Development Standards
25-19.7 Fences, Walls and Hedges
25-19.8 Off-Street Parking and Loading Facilities
25-19.9 Signs
25-19.10 Special Conditions
25-19.11 Design Standards
25-19.12 Energy Conservation
25-19.13 Water Conservation
25-19.1 Purpose
The purpose of the R-2 and R-3 districts is to provide living areas within Firebaugh where development is consistent with the Firebaugh General Plan and is limited to medium and high density concentrations of multi-family dwellings along with other uses suitable to the intent of the zone, and where regulations are designed to promote the following:
(1) a suitable environment for family life, recognizing that a significant part of the multifamily population is adult, including senior citizens; (2) space for community facilities, including parks, schools, churches and other facilities that will complement the residential environment;
C H A P T E R 19
Firebaugh Zoning Ordinance
Chapter 19: R-2/R-3 Zones (Multi-Family Residential)
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(3) attractive and unique development projects that encompasses well-designed buildings with ample landscape and off-street parking;
(4) the conservation of valuable resources ranging from water to energy and (5) housing that is affordable to low- and moderate-income households and to households that have special housing needs.
25-19.2 Subdistricts
In order to adequately plan for multi-family development at various densities, the following sub-districts are established:
R-2 (multi-family residential, one unit per 3,250 square feet of lot area); and R-3 (multi-family residential, one unit 1,500 square feet of lot area).
The R-2 district is consistent with the “Medium Density Residential” and the “High Density Residential” residential designations in Land Use Element of the Firebaugh General Plan; the R-3 district is consistent with the Element’s “High Density Residential” designation.
25-19.3 Permitted Uses
The following uses are permitted in the R-2 and R-3 zones, subject to development standards contained in this title.
a. Single-family dwellings, duplexes and triplexes
b. Multi-family complexes.
c. Employee Housing, 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.” d. Emergency Shelter.” (R-3 zone only) (see 25-19.13 Special Use Standards) e. Single Room Occupancy Units.”
f. Supportive Housing.
g. Transitional Housing.
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h. Home occupations subject to the requirements detailed in Chapter 25-41 Special Uses.
i. Small day care homes.
j. Mobile homes subject to design standards contained in Chapter 25-15 Single Family Residential.
k. Residential care facilities that operate as single-family residences that do not provide licensable services pursuant to Health and Safety Code Section 1568.0831..
l. Licensed residential care facilities (six or fewer persons). m. Drainage basins.
n. Water well sites.
o. Utility facilities, including electrical substations, elevated pressure tanks, and communication equipment buildings, except for wireless telecommunications facilities.
p. Model apartments and rental offices associated with the development of a multifamily development. q. Incidental and accessory structures and uses located on the same site as the permitted use including private garages and carports; storage buildings; garden structures, greenhouses; and recreation rooms, hobby shops and swimming pools. r. Temporary apartment rental office and signs consistent with Chapter 25-59 Signs.
s. Enclosed temporary construction materials storage yards associated with the development of an apartment complex.
25-19.4 Conditional Uses
The following uses shall be permitted upon the granting of a use permit consistent with Chapter 25-51 Conditional Use Permits.
a. Public and quasi-public uses of an educational or religious type including public and parochial elementary schools, junior high schools, high schools and colleges; nursery schools, nonprofit schools and colleges; churches and other religious institutions.
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b. Public and private charitable institutions, hospitals, convalescent homes, sanitariums, or rest homes for mental, drug or alcoholic cases. c. Public uses of an administrative, recreational, pubic service or cultural types including city, county, state or federal administrative centers and courts, libraries, museums, art galleries, police and fire stations and other public buildings, structures and facilities; public playgrounds, parks and community centers; d. Rest homes and nursing homes; boardinghouses and rooming houses. e. Emergency shelters (in R-2 zone only)(see 25-19.13 Special Use Standards) f. Bed and breakfast.
g. Licensed residential care facilities serving more than six persons. 25-19.5 Site Plan Review
No multi-family uses may be established 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. 25-19.6 Development Standards (also illustrated in Exhibit 19-1). a. Unit Density
The maximum unit densities for Firebaugh’s multi-family residential districts are as follows:
District Maximum Unit Density
R-2 one dwelling per 3,250 square feet of lot area.
R-3 one dwelling per 1,500 square feet of lot area. Residential development on parcels larger than ¾ acre shall have a
minimum density of 20 units per acre to ensure
affordability, consistent with State affordability standards, unless it can be demonstrated that affordability can be achieved with a lesser density.
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Exhibit 19-1: Key Development Standards in the R-2/R-3 Zones Firebaugh Zoning Ordinance
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19-6
b. Lot Frontage, Depth and Area
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Chapter 19: R-2/R-3 Zones (Multi-Family Residential)
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1. The minimum lot frontage for newly established lots in the R-2 and R-3 zones are as follows:
Corner Lot Interior Lot
65 feet, minimum 60 feet, minimum
Lots on cul-de-sacs or curve-frontage lots must have a minimum width of 40 feet at the street right-of-way.
2. The minimum lot depth for newly-established lots in the R-2 and R-3 zones is 100 feet.
3. The minimum area of all newly-created lots for each of Firebaugh’s multifamily residential districts are as follows:
District Minimum Lot Area
R-2 6,500 square feet, minimum
R-3 7,500 square feet, minimum
c. Building Height
The maximum height of all structures shall be 25 feet (two stories); the maximum height of accessory structures shall be 12 feet.
d. Lot Coverage
District Coverage
R-2 50 percent, maximum
R-3 80 percent, maximum
e. Yard Requirements
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Chapter 19: R-2/R-3 Zones (Multi-Family Residential)
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Yard requirements (building setbacks) for structures in the R-2 and R-3 zones shall be as follows:
f. Minimum Distance Between Buildings on the Same Lot:
The minimum distance between a structure used for human habitation and another structure (such as another dwelling, detached garage, carport, or storage shed, etc.) shall be ten feet.
g. Building Orientation and Porch requirements (also see Exhibit 19-3) Buildings on a site situated closest to public street(s) shall be oriented with ground floor units facing onto the street, with the front door opening onto a useable porch measuring at least eight feet wide and six feet deep.
Front Yard: 15 feet, minimum;
Side Yards:
Interior side yard: 5 feet, minimum
Corner lot street side: 10 feet, minimum, except 20 feet required where a garage or carport opens to a street.
Rear Yard: 10 feet, minimum
Special Requirements:
(1) Detached accessory structures no taller than 12 feet may have a zero rear or side yard setback if set back behind the front yard setback, and behind the side yard setback on the street side yard of a corner lot.
(2) Architectural features, including eaves, sills, chimneys, cornices, and bay windows may extend up to 30 inches into a required side yard.
(3) No building shall be located closer than 5 feet to an alley. (4) Portable carports are prohibited between a dwelling and any street abutting the lot (5) Garage/Carport Setback: A garage or carport that opens to a public street shall be set back a minimum of 20 feet from the back of sidewalk or property line, whichever distance is greater.
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Exhibit 19-3: Front Orientation and Porch Requirement
Ground floor units along streets shall be oriented to face the street with the front door opening onto a useable porch.
25-19.7 Fences, Walls and Hedges (see Exhibit 19-4)
a. Front Yards:
Fences, walls and hedges in a required front yard setback area shall not exceed three feet in height, except that a fence or wall may be four feet in height if more than 50 percent of the top one-foot of the structure is see-through (such as wrought-iron).
b. Rear and Side Yards:
Fences, walls, and hedges in the area behind the required front yard setback shall not exceed seven feet in height.
c. Fences on the Street Side Yards of Corner Lots
Fences, walls and hedges within ten feet of the property line along the street side yard of a corner lot shall not exceed three feet in height, except that a fence or wall may be four feet in height if more than 50 percent of the top one-foot of the structure is see-through (such as wrought-iron).
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d. Corner visibility triangle
Street Intersection
No fencing higher than 3 feet shall be placed in the corner area of a lot formed by a triangle with its right angle at corner of the lot adjacent to the street intersection and right angle sides measuring 30 feet long.
Driveway/Street Intersection
No fencing higher than 3 feet shall be placed in triangular areas situated where a driveway intersects a street. The affected area is defined as a triangle where the right angle corner is set at the point where the driveway intersects the property line, and the right angle sides measure ten feet long.
e. Materials such as razor wire and barbed wire are prohibited in residential zones (except for temporary construction yards associated with a development project). f. For non-residential uses, the fencing standards of Chapter 25-21 (C-1 Zone) shall apply.
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Exhibit 19-4: Fencing Standards Shown on Typical Lots
25-19.8 Off-Street Parking and Loading Facilities
a. For multi-family dwellings, a minimum of 1.5 parking stalls per dwelling shall be provided on-site. One stall per unit shall be covered with a carport or garage. All parking spaces, driveways and parking lots shall have a concrete or asphalt surface, consistent with the Firebaugh Improvement Standards.
Parking lots shall be designed to preclude backing on vehicles onto public streets. b. Non-residential uses in this District shall provide off-street parking consistent with Chapter 25-45 Parking and Loading.
25-19.9 Signs
Signs shall be consistent with the requirements detailed in Chapter 25-47 Signs.
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Chapter 19: R-2/R-3 Zones (Multi-Family Residential)
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25-19.10 Design Guidelines
The following standards shall apply to all multi-family developments. a. The architectural design of multi-family developments to the best extent possible should be compatible with adjacent residential neighborhoods. Compatibility may involve the use of materials, color, scale, roof pitch, and other physical features that would assist in blending the new multi-family development with surrounding residential uses.
b. The architectural design of multi-family developments that are not adjacent to or within existing residential neighborhood shall consider the following design standards:
1. Long, unbroken building facades and box-like building forms are discouraged. Building facades should be varied by alternating building planes, building material, color and building heights (see Exhibit 19-4).
Other approaches to providing attractive multi-family structures could involve alternating the patterns of window and door opening; the use of projections such as balconies, porches and awnings; and changing setbacks and softening the building facade with tree plantings.
2. Setbacks should be varied with individual structures.
3. The roof lines of multi-family structures should be altered to provide a varied horizontal view.
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Exhibit 19-5: Preferred Site Planning Concepts for Multi-Family Design
4. There should only be a maximum of two adjacent multi-family units with identical wall and roof line planes.
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5. It is important that door and window openings be articulated on the face of the multi-family structure. Articulation can include framing, insets or shutters for windows and insets, framing and color for doorways.
6. Materials used for multi-family developments should be durable and of low-maintenance. Where possible, exterior siding should provide a distinctive appearance, such as lap siding, shingle siding, river rock, brick, or flagstone.
7. Stairways should be designed as an integral part of the overall multifamily development. Materials used on the building should be incorporated into the stairway design (see Exhibit 19-6). Stairways should not be a dominant exterior feature on the building but should be sited so that they are not visually prominent.
Exhibit 19-6: Stairways
c. Parking lots and carports or garages should be designed to blend in with the overall multi-family project.
1. Long, unbroken rows of parking spaces are discouraged. Where possible, these rows should be broken by landscaped islands, buildings, or garages.
2. Carports should contain design elements that make the structures visually interesting, such as gabled roofs or articulated support beams.
3. Parking lots should be screened from adjacent properties with a 7-foot solid block wall that is softened with landscaping.
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d. Special design treatment should be given to the entryways and street corners of multi-family projects.
1. The street corners of multi-family projects should be enhanced visually with features like landscaping, walls, lighting, fountains, trellises, signage, public art, etc.
2. Project entryways should be given special treatment such as stamped concrete driveways, metal gates with pilasters or landscaped medians. e. All common areas shall be provided with landscaping and an automated irrigation system. Landscaping shall be consistent with Chapter 25-43 Landscaping, Irrigation and Grading.
f. All trash enclosures shall be surrounded by a 6-foot solid block wall and a metal gate. An arbor should be constructed over the trash enclosure, to improve appearance. The exterior to the enclosure shall be landscaped. g. All roof-mounted mechanical equipment shall be screened from view. h. Where a multi-family development abuts a single family use or a commercial use, a 7-foot solid block wall shall be constructed along the property line common to the two land uses.
25-19.11 Energy Conservation
a. To the greatest extent possible, buildings should be designed with the greatest building length running east and west to take advantage of passive solar design opportunities (see Exhibit 19-7).
b. All ground-mounted heating/cooling units shall be located on the east side of a building that fronts onto an east/west roadway, and on the north side of a building that fronts onto a north/south roadway (this locational feature will conserve energy).
c. The landscaping plan for the multi-family complex should feature the planting of deciduous trees on the south and west sides of the residential complex (this locational design feature will conserve energy).
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Chapter 19: R-2/R-3 Zones (Multi-Family Residential)
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Exhibit 19-7: Energy Conservation
25-19.12 Water Conservation
a. All residential projects that contain more than 2,500 square feet of landscaped area shall comply with the regulations contained in Chapter 17.43 Landscaping, Irrigation and Grading.
b. Not more than fifty percent of the front yard landscaping shall be devoted to turf.
Shrubs planted in the front yard shall be drought-tolerant species (These design features will conserve water).
c. All front yard landscaping shall be provided with an automated irrigation system that employs water-conserving irrigation features.
25-19.13 Special Use Standards
a. Emergency Shelters shall be developed and operated in compliance with the following standards:
1. Adequate external lighting shall be provided for security purposes.
2. The shelter shall provide laundry facilities or services adequate for the number of residents.
3. The development may provide one or more of the following specific common facilities for the exclusive use of the residents and staff:
i. Central cooking and dining room(s).
ii. Recreation room.
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iii. Counseling center.
iv. Childcare facilities.
v. Other support services.
4. Parking and outdoor facilities shall be designed to provide security for residents, visitors and employees.
5. For the purposes of noise abatement in Residential Districts, organized outdoor activities may only be conducted between the hours of 8:00 a.m. and 10:00 p.m.
6. The agency or organization operating the shelter shall comply with the following requirements:
i. Temporary shelter shall be available to residents for no more than 6 months with extensions up to 180 days available if the shelter operator determines that no alternative housing is available. ii. Staff and services shall be provided to assist residents to obtain permanent shelter and income. Such services shall be available at no cost to all residents of a provider's shelter or shelters. iii. The provider shall not discriminate in any services provided. iv. The provider shall not require participation by residents in any religious or philosophical ritual, service, meeting or rite as a condition of eligibility.
v. The provider shall have a written management plan including, as applicable, provisions for staff training, neighborhood outreach, security, screening of residents to insure compatibility with services provided at the facility, and for training, counseling, and treatment programs for residents.
7. The shelter must comply with all applicable Federal and State standards. 21-1
C-1 Zone (Neighborhood
Commercial)
Sections
25-21.1 Purpose
25-21.2 Permitted Uses
25-21.3 Conditional Uses
25-21.4 Site Plan Review
25-21.5 Development Standards
25-21.6 Fences, Walls and Hedges
25-21.7 Off-Street Parking and Loading Facilities
25-21.8 Signs
25-21.9 Landscaping
25-21.10 Special Conditions
25-21.11 Design Standards
25-21.1 Purpose
The purpose of the Neighborhood Commercial district is to provide for the development of small scale, low intensity commercial uses that serve the daily needs of residential neighborhoods that are in close proximity to the shopping center. The design of neighborhood commercial centers shall be of a scale and design that is compatible with the surrounding residential neighborhoods. In addition, the design of the center should provide for pedestrian access from surrounding neighborhoods.
The types of permitted and conditional uses that would be allowed in a neighborhood commercial center would be limited to uses that local residents would require on a daily basis including small scale grocery stores, barber and beauty shops, clothes cleaning establishments, banks, restaurants and similar compatible uses.
C H A P T E R 21
Corner Ice Cream Shoppe
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25-21.2 Permitted Uses
The following uses are permitted in the C-1 district.
a. Accessory uses incidental to a permitted or conditionally permitted use existing on the site.
b. Automated teller machine (stand alone or associated with a bank) c. Banks and financial institutions
d. Check cashing services
e. Clubs, lodges and meeting rooms
f. Day care, small and large family
g. Drainage basins
h. Health/athletic clubs
i. Low barrier navigation centers
j. Mixed Use Developments, subject to the requirements detailed in Chapter 25-41 Special Uses.
k. Multiple family dwellings, provided that the use shall be developed in accordance with property development standards of the “R-3” District, Chapter 25-19. l. Offices (administrative, business, medical, general, governmental and professional)
m. Personal Services Businesses. Commercial establishments that provide services of a personal nature, including:
- Barber and beauty shops
- Cleaners
- Locksmiths
- Mail/delivery stores
- Massage and physical therapy businesses practiced by individuals certified by the State
- Laundry (self-serve)
- Music, dance, gymnastics and martial arts studios
- Tattoo shops
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n. 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
- Gift shops
- Hardware and home improvement stores
- Health Food stores
- Hobby shops
- Ice cream shops
- Jewelry stores
- Office supply stores
- Pet shops
- Pharmacy/drug stores (except those with a drive thru are not permitted in the C-2 zone)
- Photo studios and photographic supplies, art galleries - Sporting goods stores
- Supermarkets
- Tobacco stores
- Toy stores
- Variety stores
o. Restaurants and cafes, including drive-thru and drive-in restaurants. p. Supportive housing, provided that the use shall be developed in accordance with property development standards of the “R-3” District, Chapter 25-19. q. Transitional housing provided that the use shall be developed in accordance with property development standards of the “R-3” District, Chapter 25-19, r. Veterinarian offices
s. Video arcades
t. Other uses similar in nature and intensity to those permitted, as determined by the city planner
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25-21.3 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, except for wireless telecommunications facilities.
c. Electrical transmission and distribution substations d. Liquor stores and convenience markets that sell alcoholic beverages e. Parking lots
f. Service stations
g. Temporary assembly/entertainment uses, including tent revivals, carnivals, circuses
h. Water pump stations
i. Other uses similar in nature and intensity as determined by the city planner subject to granting of a conditional use permit.
25-21.4 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 and Design Review, (or a Conditional Use Permit for uses listed as such). 25-21.5 Development Standards (see also Exhibit 21-1 for a summary of development standards)
a. Site Area, Lot Frontage and Depth
No requirement.
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.
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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 21-1: Zoning Standards
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.
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25-21.6 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-1 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.
25-21.7 Off-Street Parking and Loading Facilities
a. Uses in the C-1 District shall provide off-street parking consistent with Chapter
17.45 Parking and Loading.
b. Parking lots constructed in C-1 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. 25-21.8 Signs
Signs shall be consistent with the requirements detailed in Chapter 25-47 Signs. 25-21.9 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, Firebaugh Zoning Ordinance
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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.
25-21.10 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. 25-21.11 Design Guidelines
New development in the C-1 zone shall be designed consistent with the guidelines shown in Chapter 25-27 (Commercial Design Guidelines).
23-1
C-2 Zone (Central
Commercial)
Sections
25-23.1 Purpose
25-23.2 Permitted Uses
25-23.3 Conditional Uses
25-23.4 Uses Expressly Prohibited
25-23.5 Site Plan Review
25-23.6 Development Standards
25-23.7 Fences, Walls and Hedges
25-23.8 Off-Street Parking and Loading Facilities
25-23.9 Signs
25-23.10 Landscaping
25-23.11 Special Conditions
25-23.12 Design Standards
25-23.1 Purpose
The C-2 district is intended to help strengthen the vitality and character of Firebaugh’s downtown commercial district by establishing an appropriate list of permitted uses, regulating the size and location of buildings, parking lots, landscaping and other improvements, in a manner that promotes a vibrant pedestrian-oriented shopping environment. In general, new buildings shall front onto the public sidewalk, with on-site parking located to the rear or side of buildings. Large merchandise-display windows are required along the public sidewalk, as opposed to blank building walls.
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25-23.2 Permitted Uses
The following uses are permitted in the C-2 district.
a. Accessory uses incidental to a permitted or conditionally permitted use existing on the site.
b. Automated teller machine (stand alone or associated with a bank) c. Automobile sales (conducted entirely within a building) d. Banks and financial institutions
e. Business, professional and trade schools
f. Check cashing services
g. Clubs, lodges and meeting rooms
h. Day care, small and large family
i. Funeral parlors/mortuaries
j. Health/athletic clubs
k. Hotels/motels
l. Low barrier navigation centers
m. Mixed Use Developments, subject to the requirements detailed in Chapter 25-41 Special Uses.
n. Multiple family dwellings, provided that the use shall be developed in accordance with property development standards of the “R-3” District, Chapter 25-19. o. Offices (administrative, business, medical, general, governmental and professional)
p. 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
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Chapter 23: C-2 Zone (Central Commercial)
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- Mail/delivery stores
- Massage and physical therapy businesses practiced by individuals certified by the State
- Laundry (self-serve)
- Music, dance, gymnastics and martial arts studios
- Tattoo shops
q. 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
- Gift shops
- Hardware and home improvement stores
- Health Food stores
- Hobby shops
- Ice cream shops
- Jewelry stores
- Office supply stores
- Pet shops
- Pharmacy/drug stores (except those with a drive thru are not permitted in the C-2 zone)
- Photo studios and photographic supplies, art galleries - Sporting goods stores
- Supermarkets
- Tobacco stores
- Toy stores
- Variety stores
r. Restaurants and cafes (except drive-thru or drive-ins, which are not permitted in the C-2 zone).
s. Social service and counseling centers
t. Supportive housing, provided that the use shall be developed in accordance with property development standards of the “R-3” District, Chapter 25-19. u. Transitional housing, provided that the use shall be developed in accordance with property development standards of the “R-3” District, Chapter 25-19.
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v. Veterinarian offices
w. Video arcades
x. Other uses similar in nature and intensity to those permitted, as determined by the city planner
25-23.3 Conditional Uses
The following conditional uses may be permitted in accordance with the provisions of Chapter 25-51 Conditional Use Permits.
a. Bars
b. Churches.
c. Communications buildings and structures, except for wireless telecommunications facilities.
d. Dancing associated with a restaurant or nightclub
e. Liquor stores and convenience markets that sell alcoholic beverages f. Live music associated with a facility that serves alcoholic beverages g. Pawn shops and second hand stores/used goods stores
h. Parking lots
i. Other uses similar in nature and intensity as determined by the city planner subject to granting of a conditional use permit.
25-23.4 Uses Expressly Prohibited
The C-2 zone is designed to foster a pedestrian oriented shopping district in downtown Firebaugh, with uses such as stores, restaurants, offices and gathering places. Towards this end, the zone does not allow automobile-oriented uses that are allowed in other commercial zones, such as auto repair and tire shops and uses with drive-through/drive up windows.
Firebaugh Zoning Ordinance
Chapter 23: C-2 Zone (Central Commercial)
23-5
25-23.5 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).
25-23.6 Development Standards
The following standards shall apply to all parcels being developed in the C-2 zone, except that any parcels zoned C-2 that are located outside the downtown planning area (generally bounded by N Street on the west, Fourteenth Street on the south, Q Street on the east, and 8th Street on the north) shall be developed to standards of the C-3 (General Commercial) zone.
a. Site Area, Lot Frontage and Depth
No requirement.
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 (see also Exhibit 23-1)
a. Front: New buildings shall be placed so that at least one half of the property line along a public street shall adjoin a building wall b. Side: None required except that buildings on corner lots shall be placed so that at least half of the side lot line along a public street shall adjoin a building wall.
c. Rear: No requirement unless the subject property abuts a residential district, wherein the minimum side yard shall be 10 feet.
Firebaugh Zoning Ordinance
Chapter 23: C-2 Zone (Central Commercial)
23-6
Exhibit 23-1: Building Placement Standards
Firebaugh Zoning Ordinance
Chapter 23: C-2 Zone (Central Commercial)
23-7
25-23.7 Fences, Walls and Hedges
Firebaugh Zoning Ordinance
Chapter 23: C-2 Zone (Central Commercial)
23-8
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. c. Where a property zoned C-2 directly 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.
25-23.8 Off-Street Parking and Loading Facilities
a. 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.
b. On-site parking shall be located to the rear or to the side of the building, except parking lots on corner lots shall be located to the rear or the interior side of the building.
c. Parking lots constructed in C-2 district shall be designed and constructed so that within five years of construction, 50 percent of the parking lot is shaded by trees. d. Parking lots shall be separated from buildings by raised sidewalks or curbing. e. Parking lots shall be designed to accommodate solid waste pick-up. 25-23.9 Signs
Signs shall be consistent with the requirements detailed in Chapter 25-47 Signs. 25-23.10 Landscaping
a. A landscaping and irrigation plan shall be submitted on all 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 Firebaugh Zoning Ordinance
Chapter 23: C-2 Zone (Central Commercial)
23-9
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.
25-23.11 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, outdoor dining areas and nurseries.
25-23.12 Design Guidelines
New development in the C-2 zone shall be designed consistent with the following Design Guidelines.
a. General Concepts
New development in the downtown should reinforce the area’s unique pedestrianoriented shopping environment. Positive design elements that exist in the downtown area include:
• Storefronts located immediately behind the sidewalk;
• Stores with large windows that permit window shopping; • Awnings and arcades that provide shade for pedestrians; • A variety of stores in a small area – facilitating pedestrian shopping; • Off-street parking is located to the rear or to the side of buildings; • Architectural styles that reflect Firebaugh’s history and that of the San Joaquin Valley.
b. Site Planning Concepts
Firebaugh Zoning Ordinance
Chapter 23: C-2 Zone (Central Commercial)
23-10
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
Downloaded from https://ecode360.com/FI4072 on 2024-10-10 Zone
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
Downloaded from https://ecode360.com/FI4072 on 2024-10-10 Zone
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.
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§ 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.
C H A P T E R 45
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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
§ 30-1.5 § 30-1.8
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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
§ 30-1.5 § 30-1.8
Downloaded from https://ecode360.com/FI4072 on 2024-09-26
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
§ 30-1.5 § 30-1.8
Downloaded from https://ecode360.com/FI4072 on 2024-09-26 also receive a height increase of up to three additional stories, or 33 feet. c. A project that receives a density bonus and concession or incentive must retain affordability of the units for at least 55 years.
§ 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.
STAFF REPORT
TO: Mayor Freddy Valdez and Council Members
FROM: Pio Martin, Finance Director
DATE: April 07, 2025
SUBJECT: Fiscal Year 2023 - 2024 Audit
RECOMMENDATION:
Review and accept the FY 2023 - 2024 audited financial statements and the auditor’s report on compliance and internal control over financial accounting based on an audit of financial statements performed in accordance with Government Auditing Standards.
HISTORY:
Bryant L. Jolley, CPA has completed the FY 2023 - 2024 audit for the City of Firebaugh. Ryan Jolley will be presenting at the April 07, 2025.
DISCUSSION:
Audit Report presented by Ryan Jolley, CPA.
FISCAL IMPACT:
None.
ATTACHMENT:
Audit Report and Financial Statements
Management Report - Fiscal Year Ending June 30, 2024
RETURN TO AGENDA
CITY OF FIREBAUGH
INDEPENDENT AUDITOR’S REPORT
AND
FINANCIAL STATEMENTS
JUNE 30, 2024
C O N T E N T S
Page
0BINDEPENDENT AUDITOR’S REPORT 1 – 3
BASIC FINANCIAL STATEMENTS:
9BGovernment-Wide Financial Statements
Statement of Net Position 4
Statement of Activities 5
10BFund Financial Statements
Balance Sheet – Governmental Funds 6
Reconciliation of Total Governmental Fund Balance to
Net Position of Governmental Activities 7
Statement of Revenue, Expenditures and Changes in
Fund Balance – Governmental Funds 8
Reconciliation of Statement of Revenue, Expenditures
and Changes in Fund Balance of Governmental Funds
to the Statement of Activities 9
Statement of Net Position – Proprietary Funds 10
Statement of Revenue, Expense and Changes in Fund Net
Position – Proprietary Funds 11
Statement of Cash Flow – Proprietary Funds 12
Statement of Fiduciary Net Position – Private Purpose Trust Fund 13 Statement of Changes in Fiduciary Net Position – Private Purpose Trust Fund 14 Notes to Basic Financial Statements 15 – 44
C O N T E N T S (Continued)
Page
1BRequired Supplementary Information
2BBudgetary Comparison Schedule – General Fund 45
3BBudgetary Comparison Schedule – Development Impact Fees Fund 46 Budgetary Comparison Schedule – Public Safety Fund 47
Schedule of Changes in City’s Net OPEB Liability and Related Ratios 48 Schedule of the City’s Proportionate Share of Net Pension Liability 49 Schedule of Contributions 50
7BSupplemental Only Information
Combining Balance Sheet – Nonmajor
Governmental Funds 51
Combining Statement of Revenue, Expenditures and
Changes in Fund Balance – Nonmajor
Governmental Funds 52
8BSchedule of Net Revenue Available for Debt Service 53 INDEPENDENT AUDITOR’S REPORT ON INTERNAL CONTROL
OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER
MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENTAL AUDITING STANDARDS 54 – 55 BRYANT L. JOLLEY
CERTIFIED PUBLIC ACCOUNTANTS Bryant L. Jolley C.P.A.
Ryan P. Jolley C.P.A.
Darryl L. Smith C.P.A.
Luis A. Perez C.P.A.
Lan T. Kimoto
901 “N” STREET, SUITE 104 FIREBAUGH, CALIFORNIA 93622 PHONE 559.659.3045 FAX 559.659.0615 INDEPENDENT AUDITOR’S REPORT
To the Honorable Mayor and City Council
City of Firebaugh, California
Report on the Audit of the Financial Statements
Opinions
We have audited the accompanying financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Firebaugh, California (the City), as of and for the year ended June 30, 2024, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements as listed in the table of contents.
In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Firebaugh, as of June 30, 2024, and the respective changes in financial position, and, where applicable, cash flows thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America.
Basis for Opinions
We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Our responsibilities under those standards are further described in the Auditor’s Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the City, and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions.
Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.
In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the City’s ability to continue as a going concern for twelve months beyond the financial statement date, including any currently known information that may raise substantial doubt shortly thereafter.
2 Auditor’s Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinions.
Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards and Government Auditing Standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements.
In performing an audit in accordance with generally accepted auditing standards and Government Auditing Standards, we:
Exercise professional judgment and maintain professional skepticism throughout the audit. Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, no such opinion is expressed. Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements. Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about the City’s ability to continue as a going concern for a reasonable period of time.
We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control-related matters that we identified during the audit.
Required Supplementary Information
Management has omitted the management’s discussion and analysis that accounting principles generally accepted in the United States of America require to be presented to supplement the basic financial statements. Such missing information, although not a part of the basic financial statements, is required by the Government Accounting Standards Board, who considers it to be an essential part of the financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. Our opinion on the basic financial statements is not affected by this missing information.
Accounting principles generally accepted in the United States of America require that the budgetary comparison information, Schedule of Changes in the City’s Net OPEB Liability and Related Ratios, Schedule of Proportionate Share of Net Pension Liability and Schedule of Contributions on pages 45 – 47, page 48, page 49, page 50, respectively, be presented to supplement the basic financial statements. Such information is the responsibility of management and, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. 3 Supplementary Information
Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City of Firebaugh’s basic financial statements. The accompanying combining and individual nonmajor fund financial statements are presented for purposes of additional analysis and are not a required part of the basic financial statements.
Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. The information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the combining and individual nonmajor fund financial statements are fairly stated, in all material respects, in relation to the basic financial statements as a whole.
Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated March 21, 2025, on our consideration of the City of Firebaugh’s internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City of Firebaugh’s internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering City of Firebaugh’s internal control over financial reporting and compliance.
March 21, 2025
See accompanying notes. 4
CITY OF FIREBAUGH
STATEMENT OF NET POSITION
JUNE 30, 2024
Governmental Business-Type
Activities Activities Total
ASSETS
Cash and investments $ 12,170,008 $ 6,861,246 $ 19,031,254 Accounts receivable (net of allowance) 184,158 476,208 660,366 Due from other governments 1,142,818 69,519 1,212,337
Interest receivable 2,639 - 2,639
Notes and loans receivable 1,638,736 1,638,736 -
Internal balances (815,007) 815,007 -
Capital assets, net of allowance
for depreciation 17,074,070 19,517,483 36,591,553
Total assets 25,296,050 33,840,835 59,136,885
DEFERRED OUTFLOWS OF RESOURCES 823,397 2,557,963 3,381,360
LIABILITIES
Accounts payable 647,582 198,664 846,246
Accrued expenses 206,341 52,449 258,790
Accrued interest payable 4,097 98,077 102,174
Deposits 68,290 103,081 171,371
Compensated absences 34,908 - 34,908
Long-term liabilities:
Bonds payable:
Due within one year 46,384 460,236 506,621
Due in more than one year 374,157 9,946,984 10,321,140
Net other post employment benefits 1,734,161 558,186 2,292,347 Net pension liability 1,390,420 4,319,428 5,709,848
Total liabilities 12,808,097 7,435,348 20,243,445
DEFERRED INFLOWS OF RESOURCES 907,510 2,819,406 3,726,916
NET POSITION
Net investment in capital assets 19,096,942 6,918,186 26,015,128 Restricted for:
Public ways and facilities 1,711,541 - 1,711,541
Public safety programs 512,399 - 512,399
Low-income housing activities 456,585 - 456,585
Capital projects and improvements 2,160,532 - 2,160,532 Unrestricted 5,485,654 2,206,045 7,691,699
Total net position $ 12,403,840 26,144,044 $ 38,547,884 $ Primary Government
See accompanying notes. 5
CITY OF FIREBAUGH STATEMENT OF ACTIVITIES YEAR ENDED JUNE 30, 2024 Operating Capital
Charges for Grants and Grants and Governmental Business-Type Expense Services Contributions Contributions Activities Activities Total Primary Government
Governmental activities
General government $ 420,477 $ 83,305 $ 110,104 $ (227,068) - $ $ (227,068) - $ Public ways and facilities 1,611,992 984,077 1,357,534 222,960 952,579 952,579 -Public protection 4,189,382 326,043 614,671 (3,248,668) - (3,248,668) - Culture and recreation 609,675 203,637 - (406,038) - (406,038) - Community development 710,170 332,206 235,329 483,696 341,061 341,061 - Debt service
Interest and fiscal charges - 30,770 - - (30,770) - (30,770) Total governmental activities 1,929,268 7,572,466 2,317,638 706,656 (2,618,904) - (2,618,904) Business-type activities
Sewer 1,611,033 1,940,140 - - - 329,107 329,107
Water 2,102,907 2,337,729 - 52,000 - (182,822) (182,822) Total business-type activities 4,043,047 3,948,762 - 52,000 - 146,285 146,285 Total primary government $ 5,972,315 11,521,228 $ 2,317,638 $ 758,656 $ (2,618,904) 146,285 (2,472,619) General Revenue
Property taxes 575,319 575,319 -Sales and use taxes 3,029,945 3,029,945 - Franchise taxes 189,568 189,568 -Grants and contributions - unrestricted 136 - 136 Interest and investment earnings 80,629 67,471 148,100
Miscellaneous 179,334 40,620 219,954Gain on sale of assets - 101 101 Total general revenue 108,091 4,055,032 4,163,123
Change in Net Position 254,376 1,436,128 1,690,504
Net Position
Beginning of year 12,149,464 24,707,916 36,857,380
End of year $ 12,403,840 26,144,044 $ 38,547,884 $
Functions/Programs
Net Revenue/(Expense) and
Program Revenue Changes in Net Position
See accompanying notes. 6
CITY OF FIREBAUGH BALANCE SHEET – GOVERNMENTAL FUNDS JUNE 30, 2024 Development Non-Major Total
Community Impact Public Governmental Governmental
General Development Housing Fees Safety Funds Funds
ASSETS
Cash and investments $ 7,372,879 $ 452,815 - $ $ 2,078,264 $ 134,297 $ 2,131,753 $ 12,170,008 Accounts receivable 88,395 - - - - 95,763 184,158
Due from other governments 384,994 479,424 27,557 172,021 - 78,822 1,142,818 Due from other funds 222,642 - - - - 222,642 -
Interest receivable - - 2,639 - - - 2,639
Notes and loans receivable - - 1,638,736 - - - 1,638,736 Total assets $ 479,424 8,068,910 $ 2,121,747 $ 2,078,264 $ 306,318 $ 2,306,338 $ 15,361,001 $
LIABILITIES, DEFERRED INFLOWS OF RESOURCES,
AND FUND BALANCE
Liabilities
Accounts payable and accrued expense 85,064 $ 170,311 $ 26,426 $ 1,802 $ - $ 363,979 $ 647,582 $ Accrued salaries and benefits 175,781 - - - 8,399 22,161 206,341 Interest payable 4,097 - - - - - 4,097
Due to other funds - 195,432 - - - 27,210 222,642
Advances from other funds 815,007 - - - - - 815,007
Deposits - 68,290 - - - - 68,290
Total liabilities 365,743 1,148,239 26,426 1,802 8,399 413,350 1,963,959 Deferred inflows of resources
Unavailable revenues 29,611 - 1,638,736 - - - 1,668,347 Total deferred inflows of resources 29,611 - 1,638,736 - - - 1,668,347 Fund Balance
Restricted
Public ways and facilities - - - - 1,711,541 - 1,711,541 Public safety programs - - - 297,919 - 214,480 512,399Low-income housing activities - 456,585 - - - 456,585 - Capital projects and improvements - 84,070 2,076,462 - - 2,160,532 - Unassigned - 6,920,671 - - - (33,033) 6,887,638
Total fund balance 6,920,671 84,070 456,585 2,076,462 297,919 1,892,988 11,728,695 Total liabilities, deferred inflows of resources, and fund balance $ 479,424 8,068,910 $ 2,121,747 $ 2,078,264 $ 306,318 $ 2,306,338 $ 15,361,001 $ Special Revenue Funds
See accompanying notes. 7
CITY OF FIREBAUGH
RECONCILIATION OF TOTAL GOVERNMENTAL FUND BALANCE TO NET POSITION
OF GOVERNMENTAL ACTIVITIES
JUNE 30, 2024
Total governmental fund balance $ 11,728,695
Amounts reported for governmental activities in the Statement of Net Position are different because:
Notes receivable are not available to pay for current period expenditures and, therefore, are deferred in the governmental funds 1,668,347 Capital assets used in governmental activities are not financial resources and, therefore, are not reported in the governmental funds 19,517,483 Deferred outflows of resources related to net pension liability and postretirement health benefits, represent a consumption of net position or fund balance that applies to future period(s) and so will not be recognized as an outflow of resources (expenses) until that time 2,557,963 Post-retirement health benefits are not due and payable in the current period and, therefore, are not reported in the governmental funds (1,734,161) Governmental long-term liabilities are not due and payable in the current period and, therefore, are not reported in the governmental funds Notes and capital lease payable (420,541)
Net pension liability applicable to governmental activities are not due and payable in the current period and accordingly is not reported in the governmental funds (4,319,428)
Deferred inflows of resources related to net pension liability, represent an acquisition of net position or fund balance that applies to future period(s) and so will not be recognized as an inflow of resources (revenue) until that time (2,819,406)
Compensated absences are not due and payable in the current period and, therefore, are not reported in the governmental funds (34,908) Net position of governmental activities $ 26,144,044
See accompanying notes. 8
CITY OF FIREBAUGH STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE – GOVERNMENTAL FUNDS YEAR ENDED JUNE 30, 2024 Development Non-Major Total
Community Impact Public Governmental Governmental
General Development Housing Fees Safety Funds Funds
Revenue
Taxes $ 3,730,295 $ - $ - $ - $ - $ 64,537 $ 3,794,832
Licenses and permits 418,343 - - 754,964 - - 1,173,307
Intergovernmental 179,914 942,445 26,201 - 564,671 1,311,063 3,024,294 Charges for services 716,012 - - - 1,934 - 717,946
Fines and forfeitures 38,015 - - - - - 38,015
Investment income 58,467 - 5,313 - 2,668 14,181 80,629
Other 173,706 - - - - - 173,706
Total revenue 5,314,752 942,445 66,295 754,964 569,273 1,389,781 9,037,510 Expenditures
Current
General government 359,024 - - 3,257 - - 362,281
Public ways and facilities 691,450 157,886 - - - 634,645 1,483,981 Public protection 3,326,586 - - 99,062 470,393 - 3,896,041 Culture and recreation 498,911 - - 8,343 - - 507,254
Community development 294,179 329,062 34,842 - - 45,381 703,464 Capital outlay 93,886 396,421 - 195,765 130,158 552,108 1,368,338 Debt Service
Principal 45,280 - - - - - 45,280
Interest and fiscal charges 15,870 - - - - - 15,870
Total expenditures 5,325,186 883,369 34,842 306,427 600,551 1,232,134 8,382,509 Change in Fund Balance 59,076 (6,813) 31,453 448,537 (31,278) 157,647 658,622 Fund Balance
Beginning of year 6,927,484 24,994 425,132 1,627,925 329,197 1,735,341 11,070,073 End of year $ 6,920,671 84,070 $ 456,585 $ 2,076,462 $ 297,919 $ 1,892,988 $ 11,728,695 $ Special Revenue Funds
See accompanying notes. 9
CITY OF FIREBAUGH
RECONCILIATION OF STATEMENT OF REVENUE, EXPENDITURES, AND CHANGES IN
FUND BALANCES OF GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITES YEAR ENDED JUNE 30, 2024
Net change in fund balance - total governmental funds $ 658,622 Amounts reported for governmental activities in the Statement of Activities are different because:
Depreciation expense on capital assets is reported in the Statement of Activities, but they does not require the use of current financial resources, therefore, depreciation expense is not reported as expenditures in the Governmental Funds (598,915)
Governmental Funds report capital outlay as expenditures. However, in the Statement of Activities the cost of those assets are capitalized as an asset and depreciated over the period of service 1,368,338 Post-retirement benefit costs in the Statement of Activities does not require the use of current financial resources and, therefore, are not reported as expenditures in the Governmental Funds (122,254) Pension expenses reported in the Statement of Activities do not require the use of current financial resources and, therefore, are not reported as expenditures in the Governmental Funds 107,640
Revenues in the statement of activities that do not provide current financial resources are not reported as revenues in the funds (32,534) Compensated absence costs in the Statement of Activities does not require the use of current financial resources and, therefore, are not reported as expenditures in the Governmental Funds 9,951 Repayment of loans and capital leases principal is an expenditure in the governmental funds, but the repayment reduces long-term liabilities in the statement of net assets 45,280
Change in net position of governmental activities 1,436,128 $ See accompanying notes. 10
CITY OF FIREBAUGH
STATEMENT OF NET POSITION – PROPRIETARY FUNDS
JUNE 30, 2024
Total
Proprietary
Sewer Water Funds
ASSETS
Current assets
Cash and investments $ 4,089,137 $ 2,772,109 $ 6,861,246 Accounts and interest receivable 295,720 180,488 476,208 Due from government 3,209 66,310 69,519
Total current assets 2,955,806 4,451,167 7,406,973
Non-current assets
Advances to other funds 735,007 80,000 815,007
Property, plant and equipment,
net of allowance for depreciation 10,608,975 6,465,095 17,074,070 Total noncurrent assets 10,688,975 7,200,102 17,889,077 Total assets 13,644,781 11,651,269 25,296,050
DEFERRED OUTFLOWS OF RESOURCES 400,781 422,616 823,397
LIABILITIES
Current liabilities
Accounts payable 53,870 144,794 198,664
Accrued expenses 23,405 29,044 52,449
Accrued interest 56,058 42,019 98,077
Deposits - 103,081 103,081
Current portion of long-term debt 312,824 147,412 460,236 Total current liabilities 631,762 280,745 912,507
Non-current liabilities
Bonds payable 4,102,116 5,844,868 9,946,984
Net other pension benefits 286,543 271,643 558,186
Net pension liability 713,625 676,795 1,390,420
Total noncurrent liabilities 6,793,306 5,102,284 11,895,590 Total liabilities 7,425,068 5,383,029 12,808,097
DEFERRED INFLOWS OF RESOURCES 441,654 465,856 907,510
NET POSITION
Net investment in capital assets 2,311,919 4,606,267 6,918,186 Unrestricted 1,572,573 3,913,081 5,485,654
Total net position $ 6,178,840 6,225,000 $ 12,403,840 $ Business-Type Activities - Enterprise Funds
CITY OF FIREBAUGH
See accompanying notes. 11
STATEMENT OF REVENUE, EXPENSE, AND CHANGES IN FUND NET POSITION –
PROPRIETARY FUNDS
YEAR ENDED JUNE 30, 2024
Total
Proprietary
Sewer Water Funds
Operating Revenue
Charges for services $ 2,102,907 1,940,140 $ 4,043,047 $ Total operating income 2,102,907 1,940,140 4,043,047
Operating Expense
Personnel 609,722 680,645 1,290,367
Utilities 64,744 262,956 327,700
Supplies and materials 74,206 99,603 173,809
Maintenance and operations 124,134 159,735 283,869
Contractual services 182,468 249,759 432,227
Depreciation 266,156 520,260 786,416
Other expenses 154,956 144,549 299,505
Total operating expense 2,127,914 1,465,979 3,593,893
Operating income/(loss) (25,007) 474,161 449,154
Nonoperating Revenue/(Expense)
Investment income 32,699 34,772 67,471
Other revenue (expenses) 20,971 19,649 40,620
Interest expense (209,815) (145,054) (354,869)
Total nonoperating revenue/(expense)
before capital contributions (155,394) (91,384) (246,778) Capital Contributions 52,000 - 52,000
Change in Net Position (128,401) 382,777 254,376
Net Position
Beginning of year 6,307,241 5,842,223 12,149,464
End of year $ 6,178,840 6,225,000 $ 12,403,840 $
Business-Type Activities - Enterprise Funds
See accompanying notes. 12
CITY OF FIREBAUGH
STATEMENT OF CASH FLOW – PROPRIETARY FUNDS
YEAR ENDED JUNE 30, 2024
Total
Proprietary
Sewer Water Funds
Operating Activities
Receipts from customers and users $ 1,865,712 $ 2,033,166 $ 3,898,878 Payment to suppliers of goods and services (609,010) (785,825) (1,394,835) Payment to employees (582,742) (609,607) (1,192,349)
Net cash provided by (used in) operating activities 664,599 647,095 1,311,694 Non-capital Financial Activities
Capital contributions - 52,000 52,000
Payments from other governments 19,649 38,067 57,716
Net cash provided by (used in)
noncapital financing activities 71,649 38,067 109,716
Capital and Related Financing Activities
Purchase of property, plant and equipment (173,631) (622,916) (796,547) Principal paid on long-term debt (145,960) (300,927) (446,887) Interest paid on long-term debt (209,269) (146,504) (355,773) Net cash provided by (used in) capital
and related financing activities (466,095) (1,133,112) (1,599,207) Investing Activities
Interest received 34,772 32,699 67,471
Net cash provided by investing activities 34,772 32,699 67,471 Net Increase (Decrease) in Cash (362,092) 251,766 (110,326) Cash
Beginning of year 3,134,201 3,837,371 6,971,572
End of year $ 2,772,109 4,089,137 $ 6,861,246 $
Cash Flows from Operating Activities
Operating income (loss) 474,161 $ (25,007) $ 449,154 $
Adjustments to reconcile operating income (loss)
to net cash provided (used) by operating activities:
Depreciation 266,156 520,260 786,416
(Increase) Decrease in Accounts Receivable (74,428) (72,200) (146,628) (Increase) Decrease in Deferred Outflows of Resources (184,377) (196,888) (381,265) Increase (Decrease) in Accounts Payable
and Accrued Liabilities (18,909) 141,184 122,275
Increase (Decrease) in Deposits - 2,459 2,459
Increase (Decrease) in Compensated Absences 11,079 10,987 22,066 Increase (Decrease) in Deferred Inflows of Resources (189,039) (118,848) (307,887) Increase (Decrease) in OPEB liability (49,305) (15,800) (65,105) Increase (Decrease) in Net Pension Liability 418,452 411,757 830,209 Net Cash Provided by (Used in) Operating Activities $ 664,599 647,095 $ 1,311,694 $ Business-Type Activities - Enterprise Funds
See accompanying notes. 13
CITY OF FIREBAUGH
STATEMENT OF FIDUCIARY NET POSITION
PRIVATE-PURPOSE TRUST FUND – SUCCESSOR AGENCY
JUNE 30, 2024
Assets
Cash and investments $ 700,950
Total assets 700,950
Liabilities
Accounts payable and accrued liabilities 3,089
Interest payable 15,467
Long-term debt
Due within one year 308,016
Due in more than one year 4,027,175
Total liabilities 4,353,747
Net Position
Held in trust for other governments (3,652,797) $
See accompanying notes. 14
CITY OF FIREBAUGH
STATEMENT OF CHANGES IN FIDUCIARY NET POSITION
PRIVATE-PURPOSE TRUST FUND – SUCCESSOR AGENCY
JUNE 30, 2024
Additions
Property taxes $ 580,324
Investment earnings 6,646
Total additions 586,970
Deductions
Program expenses 46,312
Interest and fiscal agency expenses 210,228
Total deductions 256,540
Change In Net Position 330,430
Net Position
Beginning of year (3,983,227)
End of year $ (3,652,797)
15 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30, 2024
Note 1 – Summary of Significant Accounting Policies
The financial statements of the City of Firebaugh (the City) have been prepared in conformity with Accounting Principles Generally Accepted in the United States of America (GAAP) as applicable to governmental entities. The Governmental Accounting Standards Board (GASB) is the accepted standard setting body for establishing governmental accounting and financial reporting principles.
These financial statements present the government and its component units, entities for which the City is considered to be financially accountable. Blended component units, although legally separate entities are, in substance, part of the government’s operations and data from these units is combined with data of the primary government. Each blended component unit has a June 30 fiscal year end. There are no discretely presented component units included in these financial statements. The following sections further describe the significant accounting policies of the City.
Reporting Entity
The City of Firebaugh, State of California (the "City"), was incorporated in 1914. The City operates under a Council-Manager form of government. The City's major operations include public safety; highways and streets; water and sewer; parks and recreation; building inspection; public improvements; planning and zoning, and general administrative services.
Basis of Presentation – Fund Accounting
Government-Wide Financial Statements - The Government-Wide Financial Statements (the Statement of Net Position and the Statement of Activities and Changes in Net Position) report information of all of the nonfiduciary activities of the primary government and its component units. For the most part, eliminations have been made to minimize the double counting of internal activities. These statements distinguish between the governmental and business-type activities of the City and between the City and its component unit. Governmental activities, which normally are supported by taxes and inter-governmental revenues, are reported separately from business-type activities, which rely significantly on fees charged to external parties.
The Statement of Activities and Changes in Net Position presents a comparison between direct expenses and program revenues for each segment of the business-type activities of the City and for each function of the City’s governmental activities. Direct expenses are those that are specifically associated with a program or function and are clearly identifiable to a particular function. Program revenues include 1) charges paid by the recipients of goods or services offered by the programs and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular program. Revenues that are not classified as program revenues, including all taxes, are presented as general revenues.
Net position is restricted when constraints placed on them are either externally imposed or are imposed by constitutional provisions or enabling legislation. Internally imposed designations of resources are not presented as restricted net position. When both restricted and unrestricted resources are available for use, generally, it is the City’s policy to use restricted resources first, then unrestricted resources as they are needed.
16 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30, 2024
Note 1 – Summary of Significant Accounting Policies (Continued) Governmental Fund Financial Statements - The Governmental Fund Financial Statements provide information about the City’s funds, including fiduciary funds and the blended component unit. Separate statements for each fund category - governmental, proprietary and fiduciary - are presented. The emphasis of fund financial statements is on major governmental and enterprise funds, each displayed in a separate column. All remaining governmental funds are separately aggregated and reported as non-major funds.
Proprietary fund operating revenues, such as charges for services, result from exchange transactions associated with the principal activity of the fund. Exchange transactions are those in which each party receives and gives up essentially equal values. Non-operating revenues, such as subsidies and investment earnings, result from non-exchange transactions or ancillary activities.
The City reports the following major governmental funds:
General Fund – The General Fund is the general operating fund of the City. It is used for all financial resources except those required legally, or by sound financial management to be accounted for in another fund. Generally, the General Fund is used to account for those traditional governmental services of the City, such as police and fire protection, planning and general administrative services.
Community Development Fund – The Community Development Fund was established to account for the monies received from various sources which are to be used for the design and construction of various projects.
Housing Fund – The Housing Fund is used to account for grant revenues and expenditures related to housing assistance loans for low income individuals (HOME grants) and businesses (Low Moderate Housing Assets).
Development Impact Fees Fund – This fund is used to account for impact fees collected for various purposes.
Public Safety Fund – This fund is used to account for monies received from various sources which are to be used for the provision of public safety services.
The City reports the following major enterprise funds:
Water Fund – The Water Fund accounts for the operation and maintenance of the City’s water treatment and water transmission and distribution systems.
Sewer Fund – The Sewer Fund accounts for the operation and maintenance of the City’s sewer system.
The City reports the following additional fund types:
Private-Purpose Trust Fund – The Private-Purpose Trust Fund accounts for assets held by the City as trustee for the Successor Agency.
17 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30, 2024
Note 1 – Summary of Significant Accounting Policies (Continued) Basis of Accounting
The Government-Wide and Proprietary Fund Financial Statements are reported using the economic resources measurement focus and the accrual basis of accounting. Revenues are recorded when earned and expenses are recorded at the time liabilities are incurred, regardless of when the related cash flows take place. Nonexchange transactions, in which the City gives (or receives) value without directly receiving (or giving) equal value in exchange, include property and sales taxes, grants, entitlements and donations. On an accrual basis, revenue from property taxes is recognized in the fiscal year for which the taxes are levied. Revenues from sales tax are recognized when the underlying transactions take place.
Revenues from grants, entitlements and donations are recognized in the fiscal year in which all eligible requirements have been satisfied.
Governmental Funds are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Under this method, revenues are recognized when measurable and available. Property and sales taxes, interest, certain state and federal grants and charges for services are accrued when their receipt occurs within sixty days after the end of the accounting period so as to be both measurable and available. Expenditures are generally recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences and claims and judgments are recorded only when payment is due. General capital asset acquisitions are reported as expenditures in governmental funds. Proceeds of general long-term debt and capital leases are reported as other financing sources.
Proprietary Funds distinguish operating revenues and expenses from non-operating items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with a Proprietary Fund’s principal ongoing operations. Revenues and expenses not meeting this definition are reported as non-operating.
Financial Statement Amounts
Cash and Investments – Cash and investments represent the City's cash bank accounts including but not limited to certificates of deposit, money market funds and cash management pools for reporting purposes in the Statement of Cash Flows. Additionally, investments with maturities of three months or less when purchased are included as cash equivalents in the Statement of Cash Flows.
The City maintains a cash and investment pool that is available for use by all funds. Interest earnings as a result of this pooling are distributed to the appropriate funds based on month end cash balances in each fund.
Investments of the pool include only those investments authorized by the California Government Code such as, United States Treasury securities, agencies guaranteed by the United States Government, registered state warrants, and other investments. Investments primarily consist of deposits in the State of California Local Agency Investment Fund. Investments are stated at cost or amortized cost.
Accounts Receivable – Billed but unpaid services provided to individuals or non-governmental entities are recorded as accounts receivable. The Proprietary Funds include a year-end accrual for services through June 30, 2024, which have not yet been billed.
18 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30, 2024
Note 1 – Summary of Significant Accounting Policies (Continued) Fresno County is responsible for the assessment, collection and apportionment of property taxes for all taxing jurisdictions. Secured and unsecured property taxes are levied on January 1 of the preceding fiscal year. Secured property taxes are due in two installments, on November 1 and March 1, and become a lien on those dates. They become delinquent on December 10 and April 10, respectively. Collection of delinquent accounts is the responsibility of the County, which retains all penalties collected. Property taxes are accounted for in the General Fund. Property tax revenues are recognized when they become measurable and available to finance current liabilities. The City considers property taxes as available if they are collected within 60 days after year end. Property tax on the unsecured roll are due on July 1 and become delinquent if unpaid on August 31. However, unsecured property taxes are not susceptible to year end accrual.
The City is permitted by Article XIIIA of the State of California Constitution (known as Proposition 13) to levy a maximum tax of $1.00 per $100 of full cash value.
Interfund Receivables/Payables – Items classified as interfund receivable/payable represent short-term lending/borrowing transactions between funds. This classification also includes the current portion of an advance to or from another fund.
Advances To/From Other Funds – This classification represents non-current portions of any long-term lending/borrowing transactions between funds. This amount will be equally offset by a reserve of fund balance which indicates that it does not represent available financial resources and therefore, is not available for appropriation. The current portion of any interfund long-term loan (advance) is included as an interfund receivable/payable.
Capital Assets – Capital outlays are recorded as expenditures of the General, Special Revenue, and Capital Projects Funds and as assets in the Government-Wide Financial Statements to the extent the City’s capitalization threshold are met.
Capital assets, which include property, plant, equipment, and infrastructure assets (e.g., roads, bridges, sidewalks, and similar items), are reported in the applicable governmental or business-type activities columns in the Government-Wide Financial Statements. Capital assets are defined by the government as assets with an initial, individual cost of more than $5,000 (amount not rounded) and an estimated useful life in excess of one year. Such assets are recorded at historical cost or estimated historical cost if purchased or constructed. Donated capital assets are recorded at estimated fair market value at the date of donation.
The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend assets lives are not capitalized. Betterments and major improvements which significantly increase values, change capacities or extend useful lives are capitalized. Upon sale or retirement of fixed assets, the cost and related accumulated depreciation are removed from the respective accounts and any resulting gain or loss is included in the results of operations.
Major outlays for capital assets and improvements are capitalized as projects are constructed. Interest incurred during the construction phase of capital assets of business-type activities is included as part of the capitalized value of the assets constructed.
19 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30, 2024
Note 1 – Summary of Significant Accounting Policies (Continued) Property, plant, and equipment of the primary government, as well as the component units, are depreciated using the straight line method over the following estimated useful lives:
Depreciable asset Years
Buildings 10-40
Improvements 10-40
Machinery and equipment 3-20
Utility system 5-50
Infrastructure 15-50
Compensated Absences – It is the City's policy to permit all employees to accumulate earned but unused vacation and compensatory time benefits. Those employees on shift work schedules may also accumulate hours for holiday time benefits.
Vested or accumulated vacation, holiday and any compensation time that is expected to be paid with expendable available financial resources is reported as expenditure in the fund financial statements of the Governmental Fund that will pay for it. Amounts not expected to be liquidated with expendable available financial resources are reported in the Government-Wide Financial Statements.
Vested leave of Proprietary Funds are recorded as an expense and liability as the benefits accrue.
Sick leave can be accumulated, but vesting is limited and will not be paid upon termination. However, in past years unused sick leave could be used to pay post-employment health insurance. Two retirees carry unused benefits balances at year end and this amount is reported as a compensated absence liability. For this reason, the City does not accrue any costs relating to sick leave.
Unearned Revenue – Unearned revenue is that for which asset recognition criteria have been met, but for which revenue recognition criteria have not been met. The City typically records unearned revenue related to uncollected outstanding, performing loans and intergovernmental revenues (primary grants and subventions) received but not earned (qualifying expenditures not yet incurred).
Long-Term Obligations – In the Government-Wide Financial Statements, and Proprietary Fund types in the fund financial statements, long-term debt and other long-term obligations are reported as liabilities in the applicable governmental activities, business-type activities, or Proprietary Fund Type Statement of Net Position. Debt principal payments of both government and business-type activities are reported as decreases in the balance of the liability on the Statement of Net Position. Bond premiums and discounts, as well as issuance costs, are deferred and amortized over the life of the bonds using the effective interest method. Bonds payable are reported net of the applicable bond premium or discount. Bond issuance costs are reported as deferred charges and amortized over the term of the related debt. 20 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30, 2024
Note 1 – Summary of Significant Accounting Policies (Continued) In the fund financial statements, however, debt principal payments of Governmental Funds are recognized as expenditures when paid. Governmental Fund types recognize bond premiums and discounts, as well as bond issuance costs, during the current period. The face amount of debt issued is reported as other financing sources. Premiums received on debt issuances are reported as other financing sources while discounts on debt issuances are reported as other financing uses. Issuance costs, whether or not withheld from the actual debt proceeds received, are reported as debt service expenditures.
Non-Current Governmental Assets/Liabilities – GASB Statement No. 34 eliminates the presentation of account groups, but provides for these records to be maintained and incorporates the information into the Governmental Activities column in the Government-Wide Statement of Net Position.
Pension Plan – All full-time City employees are members of the State of California Public Employees' Retirement System. The City's policy is to fund all pension costs accrued; such costs to be funded are determined annually as of July 1 by the System's actuary. See note 9 for further discussion.
Bond Discount and Issuance Costs – For governmental funds, bond discounts, as well as issuance costs, are recognized during the current period. Bond proceeds are reported as other financing sources net of the applicable discount. Issuance costs, whether or not withheld form the actual net proceeds received, are reported as debt service expenditures. For business-type funds, bond discounts, are deferred and amortized over the life, of the bonds. Bonds payable are reported net of applicable bond discounts. Issuance costs are expensed.
Net Position – The government-wide and business-type activities fund financial statements utilize a net position presentation. Net position are categorized as net investment in capital assets, restricted and unrestricted.
Net Investment in Capital Assets – This category groups all capital assets, including infrastructure, into one component of net position. Accumulated depreciation and the outstanding balances of debt that are attributable to the acquisition, construction or improvement of these assets reduce the balance in this category.
Restricted Net Position – This category presents external restrictions on net position imposed by creditors, grantors, contributors or laws or regulations of other governments and restrictions imposed by law through constitutional provisions or enabling legislation. Unrestricted Net Position – This category represents net position of the City, not restricted for any project or other purpose.
Fund Balance – In the fund financial statements, governmental fund balance is made up of the following components:
Nonspendable fund balance typically includes inventories, prepaid items, and other items that must be maintained intact pursuant to legal or contractual requirements, such as endowments. 21 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30, 2024
Note 1 – Summary of Significant Accounting Policies (Continued) Restricted fund balance category includes amounts that can be spent only for specific purposes imposed by creditors, grantors, contributors, or laws or regulations of other governments or through enabling legislations.
Committed fund balance classification includes amounts that can be used only for the specific purposes determined by a formal action of the City Council. The City Council has the authority to establish, modify, or rescind a fund balance commitment. Assigned fund balance are amounts designated by the City Council for specific purposes and do not meet the criteria to be classified as restricted or committed. Unassigned fund balance is the residual classification that includes all spendable amounts in the General Fund not contained in other classifications.
When expenditures are incurred for purposes for which both restricted and unrestricted (committed, assigned, or unassigned) fund balances are available, the City’s policy is to apply restricted first. When expenditures are incurred for purposes for which committed, assigned, or unassigned fund balances are available, the City’s policy is to apply committed fund balance first, then assigned fund balance, and finally unassigned fund balance.
Use of Estimates – The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenditures/expenses during the reporting period. Actual results could differ from those estimates.
Note 2 – Stewardship, Compliance and Accountability
California law authorizes the City to invest in obligations of the United States Treasury, agencies and instrumentalities, certificates of deposit or time deposits in banks and savings and loan associations which are insured by the Federal Deposit Insurance Corporation.
In accordance with applicable sections of the California Government Code and the Firebaugh Municipal Code, the City prepares and legally adopts an annual balanced budget on a basis consistent with accounting principles generally accepted in the United States of America. Annual appropriated budgets are adopted for the General Fund, specific Special Revenue Funds, and specific Capital Projects Funds.
Budget plans are adopted for Proprietary Funds. A proposed budget is presented to the City Council during June of each year for review. The Council holds public hearings and may add to, subtract from, or change appropriations within the revenues and reserves estimated as available. Expenditures may not legally exceed budgeted appropriations at the fund level. Supplementary appropriations which alter the total expenditures of any fund, or expenditures in excess of total budgeted fund appropriations, must be approved by the City Council.
All annual appropriations lapse at fiscal year end to the extent they have not been expended or encumbered.
22 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30, 2024
Note 3 – Cash and Investments
The City pools all of its cash and investments except those funds required to be held by outside fiscal agents under the provisions of bond indentures. Interest income earned on pooled cash is allocated to the various funds on average cash balances. Interest income from cash investments held with fiscal agents is credited directly to the related funds.
Cash and investments as of June 30, 2024 are classified in the accompanying financial statements as follows:
Statement of Net Position:
Cash and Investments $ 19,031,254
Fiduciary Funds:
Cash and Investments 700,950
Total Cash and Investments $ 19,732,204
Cash and investments as of June 30, 2024 consist of the following:
Cash on hand $ 386
Deposits with Financial Institutions 16,991,570
Cash with Fiscal Agent 1,906
Local Agency Investment Fund 2,738,342
Total Cash and Investments $ 19,732,204
Fair Value Measurements
The framework for measuring fair value provides a fair value hierarchy that categorizes the inputs to valuation techniques used to measure fair value into three levels. The fair value hierarchy gives the highest priority to unadjusted quoted prices in active markets for identical assets or liabilities (Level 1) and lowest priority to unobservable inputs (Level 3). The three levels of the fair value hierarchy are described as follows:
Level 1: Inputs to the valuation methodology are quoted prices (unadjusted) for identical assets or liabilities in active markets that a government can access at the measurement date.
Level 2: Inputs to valuation methodology include inputs – other than quoted prices included within Level 1 – that are observable for an asset or liability, either directly or indirectly.
Level 3: Inputs to the valuation methodology are unobservable and significant to the fair value measurement.
23 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30, 2024
Note 3 – Cash and Investments (Continued)
Fair Value Measurements (continued)
The asset’s or liability’s fair value measurement level within a fair value hierarchy is based on the lowest level of any input that is significant to the fair value measurement. Valuation techniques used need to maximize the use of observable inputs and minimize the use of unobservable inputs.
June 30, 2024
Level 1 Level 2 Level 3 Balance
Investments by fair value level:
Equity Securities:
LAIF - $ 2,738,342 $ - $ 2,738,342 $
Total Equity Securities 2,738,342 - - 2,738,342
Cash and cash equivalents carried at cost:
Bank Deposits and Cash on Hand 16,991,956
Cash with Fiscal Agent 1,906
Total Cash and Cash Equivalents carried at cost 16,993,862 Total Cash and Investments 19,732,204 $
Investments Authorized by the California Government Code and the City’s Investment Policy The table below identifies the investment types that are authorized for the City by the California Government Code (or the City’s investment policy, where more restrictive). The table also identifies certain provisions of the California Government Code (or the City’s investment policy, where more restrictive) that address interest rate risk, credit risk, and concentration of credit risk. The City’s investment policy does not contain any specific provisions intended to limit the City’s exposure to interest rate risk, credit risk, and concentration of credit risk. This table does not address investments of debt proceeds held by bond trustee that are governed by the provisions of debt agreements of the City, rather than the general provisions of the California Government Code or the City’s investment policy.
Minimum Maximum
Maximum Credit Percentage
Maturity Quality Allowed
U.S. Treasury Obligations None None None
U.S. Agency Securities None AAA None
Banker's Acceptances 1 year None None
Commercial Paper None A-1 None
Money Market Mutual Funds None A None
Investment Contracts None None None
Certificates of Deposits 1 year A-1 None
Repurchase Agreements 30 days None None
Local Agency Investment Fund (LAIF) N/A None None
Municipal Bonds None None None
Authorized Investment Type
24 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30, 2024
Note 3 – Cash and Investments (Continued)
Investments Authorized by Debt Agreements
Investments of debt proceeds held by bond trustee are governed by provisions of the debt agreements, rather than the general provisions of the California Government Code or the City’s investment policy.
The table below identifies the investment types that are authorized for investments held by the bond trustee. The table also identifies certain provisions of these debt agreements that address interest rate risk, credit risk, and concentration of credit risk.
June 30, 2024
Balance
Minimum Legal
Rating
Rating of Year
End
Investment Type
Equity Securities:
LAIF 2,738,342 $ N/A Not Rated
Total Equity Securities $ 2,738,342
Disclosures Relating to Interest Rate Risk
Interest rate risk is the risk that changes in market interest rates will adversely affect the fair value of an investment. Generally, the longer the maturity of an investment, the greater the sensitivity of its fair value to changes in market interest rates. As of June 30, 2024 the City had the following investments.
June 30, 2024
Balance Maturity Date
Investment Type
Equity Securities:
LAIF $ 2,738,342 N/A
Total Equity Securities $ 2,738,342
25 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30, 2024
Note 3 – Cash and Investments (Continued)
Disclosures Relating to Credit Risk
Generally, credit risk is the risk that an issuer of an investment will not fulfill its obligation to the holder of the investment. This is measured by the assignment of a rating by a nationally recognized statistical rating organization. Presented below is the minimum rating required by (where applicable) the California Government Code, the City’s investment policy, or debt agreements, and the actual rating as of year-end for each investment type.
Minimum Maximum
Maximum Percentage Percentage
Maturity of Portfolio of Portfolio
Local Agency Bonds 1 year None None
U.S. Treasury Obligations 1 year A None
U.S. Agency Securities 1 year None None
Banker's Acceptances 180 days None 40%
Commercial Paper 270 days None 25%
Negotiable Certificates of Deposit 1 year None 30%
Repurchase Agreements 90 days None None
Reverse Repurchase Agreements 92 days None 20% of base value Medium-Term Notes 5 years A 30%
Mutual Funds N/A A 20%
Money Market Mutual Funds N/A A 20%
Mortgage Pass-Through Securities 5 years AA 20%
Authorized Investment Type
Concentration of Credit Risk
The investment policy of the City contains no limitations on the amount that can be invested in any one issuer beyond that stipulated by the California Government Code. There are no investments in any one issuer that represent 5% or more of the total City investments.
Custodial Credit Risk
Custodial credit risk for deposits is the risk that, in the event of the failure of a depository financial institution, a government will not be able to recover its deposits or will not be able to recover collateral securities that are in the possession of an outside party. The California Government Code and the City’s investment policy do not contain legal or policy requirements that would limit the exposure to custodial credit risk for deposits, other than the following provision for deposits: The California Government Code requires that a financial institution secure deposits made by state or local governmental units by pledging securities in an undivided collateral pool held by a depository regulated under state law (unless so waived by the governmental unit). The market value of the pledged securities in the collateral pool must equal at least 110% of the total amount deposited by the public agencies. California law also allows financial institutions to secure City deposits by pledging first trust deed mortgage notes having a value of 150% of the secured public deposits.
26 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30, 2024
Note 3 – Cash and Investments (Continued)
The custodial risk for investments is the risk that, in the event of the failure of the counterparty to a transaction, a government will not be able to recover the value of its investment or collateral securities that are in the possession of another party. The California Government Code and the City’s investment policy do not contain legal or policy requirements that would limit the exposure to custodial credit risk for investments. With respect to investments, custodial credit risk generally applies only to direct investments in marketable securities. Custodial credit risk does not apply to a local government’s indirect investment in securities through the use of mutual funds or government investment pools (such as LAIF).
Investment in State Investment Pool
The City is a voluntary participant in the Local Agency Investment Fund (LAIF) that is regulated by the California Government Code under the oversight of the Treasurer of the State of California. The fair value of the City’s investment in this pool is reported in the accompanying financial statements at amounts based upon the City’s pro-rata share of the fair value provided by LAIF for the entire LAIF portfolio (in relation to the amortized cost of that portfolio). The balance available for withdrawal is based on the accounting records maintained by LAIF, which are recorded on an amortized cost basis.
Note 4 – Notes Receivable
Revolving Loan Program – Long-term loans receivable of $1,328,093 represent monies loaned to homebuyers in connection with a downpayment assistance programs. The loans are secured by real property with repayment due upon the sale of real property or starting at the end of the 30-year deferral period. At the time of sale, the seller pays the loan balance in full plus interest, ranging from 0% to 4%.
For the homebuyer loan program, starting at the end of the 30-year deferral period, the borrower is required to repay the loan over the following 15 years.
Firebaugh San Joaquin Vista Associates – During fiscal year 2000, the Redevelopment Agency of the City of Firebaugh loaned Firebaugh San Joaquin Vista Associates $200,000 as a subsidy in connection with a low-income apartment. The note carries an interest rate of 3% and matures during 2055. The terms of the agreement specify that payments of the outstanding principal and accrued interest shall be paid annually in the amount equal to 30% of available project revenues. Payments made shall be credited first against accrued interest and then against the outstanding principal. Balance at June 30, 2024 was $160,643.
San Joaquin Development LLC – During fiscal year 2009, the Redevelopment Agency of the City of Firebaugh loaned San Joaquin Development LLC $150,000 in connection with the construction of lowincome condominiums. The note is non-interest bearing and is repayable upon sale of each unit at the rate of $7,134 per unit. There have been no repayments on the principal to date on this note. 27 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30, 2024
Note 5 – Capital Assets
Capital asset activity for the year ended June 30, 2024, was as follows:
Balance Balance
July 1, 2023 Additions Retirements June 30, 2024
Governmental Activities
Capital assets, not being depreciated
Land $ 372,922 $ - $ 372,922 - $
Construction in progress 421,622 5,696,439 (6,077,732) 40,329 Total capital assets, not being depreciated 421,622 6,069,361 (6,077,732) 413,251 Capital assets, being depreciated
Buildings and improvements 9,842,493 3,366,703 - 13,209,196 Infrastructure 3,370,287 3,281,516 - 6,651,803
Machinery and equipment 376,229 3,608,370 - 3,984,599
Total capital assets, being depreciated 7,024,448 16,821,150 - 23,845,598 Less accumulated depreciation for:
Buildings and improvements (1,084,472) (321,703) - (1,406,175) Infrastructure (328,485) (139,964) - (468,449)
Machinery and equipment (137,248) (2,729,494) - (2,866,742) Total accumulated depreciation (598,915) (4,142,451) - (4,741,366) Total capital assets, being depreciated, net 6,425,533 12,678,699 - 19,104,232 Governmental activities capital assets, net $ 6,847,155 18,748,060 $ (6,077,732) $ 19,517,483 $ Business-Type Activities
Capital assets, not being depreciated
Land $ 203,705 $ - $ 203,705 - $
Construction in progress 144,550 332,992 - 477,542
Total capital assets, not being depreciated 144,550 536,697 - 681,247 Capital assets, being depreciated
Buildings and infrastructure 28,444,272 587,096 - 29,031,368 Machinery and equipment 64,900 1,341,272 - 1,406,172
Total capital assets, being depreciated 651,996 29,785,544 - 30,437,540 Less: accumulated depreciation (786,416) (13,258,301) - (14,044,717) Total capital assets, being depreciated, net (134,420) 16,527,243 - 16,392,823 Business-type activities capital assets, net $ 10,130 17,063,940 $ - $ 17,074,070 $ 28 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30, 2024
Note 5 – Capital Assets (Continued)
Depreciation and amortization expense were charged to the following functions in the Statement of Activities:
Governmental Functions:
General Government 81,994 $
Public Safety 227,025
Public Works 185,533
Parks and Community Services 104,363
$ 598,915
Business-Type Functions:
Sewer 266,156 $
Water 520,260
$ 786,416
Note 6 – Long-term Liabilities
The City generally incurs long-term debt to finance projects or purchase assets which will have useful lives equal to or greater than the related debt. The City’s debt transactions are summarized below and discussed in detail thereafter:
Balance Balance Current
July 1, 2023 Additions Retirements June 30, 2024 Portion Governmental Activity Long Term Debt
Direct Borrowings:
2019 Solar Project Financed Purchase 302,470 $ - $ 14,900 $ 287,570 $ 14,900 $ 2019 Fire Truck Financed Purchase 163,351 - 30,380 132,971 31,484 Other Noncurrent Liabilities:
Net other post employment benefits 1,509,076 225,085 - 1,734,161 - Net pension liability 166,989 4,152,439 - 4,319,428 -
Total Governmental Activity Debt $ 392,074 6,127,336 $ 45,280 $ 6,474,130 $ 46,384 $ Business-Type Activity Long Term Debt
Direct Placements:
Bonds payable:
2013 Water Revenue Refunding Bond 836,577 $ - $ 96,787 $ 739,790 $ 100,136 $ 2016 Wastewater Refunding Bond 2,955,000 - 75,000 2,880,000 80,000 2016 Water Refunding Bond 3,305,000 - 90,000 3,215,000 95,000 Direct Borrowings:
2019 Water Solar Project Financed Purchase 2,317,042 - 114,140 2,202,902 117,688 2019 Wastewater Solar Project Finance Purchase 1,440,488 - 70,960 1,369,528 67,412 Other Noncurrent Liabilities:
Net other post employment benefits 623,291 - 65,105 558,186 - Net pension liability 830,208 560,212 - 1,390,420 -
Total Business-Type Activity Debt $ 830,208 12,037,610 $ 511,992 $ 12,355,826 $ 460,236 $ 29 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30, 2024
Note 6 – Long-Term Liabilities (Continued)
Long-term debt payable at June 30, 2024 was comprised of the following individual issues:
Governmental Activity Long Term Debt
2019 Solar Project Financed Purchase – In May 2019, The City entered into an arrangement to finance the acquisition of certain energy efficient equipment and improvements for the City. The obligation is accounted for as a financed purchase where the related equipment and improvements to be acquired will become property of the City when all terms of the agreement are met. The stated interest under terms of the agreement varies between 2.05% and 4.00% with an average rate of 3.6%. Present value of the payments as of inception of the financing arrangement was $4,440,000, the City determined payments were to be made from the General Fund, Water Enterprise Fund, and Sewer Enterprise Fund in the amounts of $330,780, $2,533,908 and $1,575,312, respectively. Semiannual debt service payments under the agreement start on February 1, 2020 and end on August 1, 2029, ranging from $72,855 to $170,379. 2019 Fire Truck Financed Purchase – In May 2018, The City entered into an arrangement to finance the acquisition of a Fire Truck. The obligation is accounted for as a financed purchase where the related equipment acquired will become property of the City when all terms of the agreement are met. The stated interest rate under terms of the agreement is 3.6%, present value of minimum payments is $300,000.
Annual debt service payments of $36,317 start on May 31, 2019 and conclude on May 31, 2028.
Business-Type Activity Long Term Debt
2013 Water Revenue Refunding Bond – In November 2013, the City issued revenue bonds in the amount of $1,512,415. The funds were used for the purpose of refinancing the 2005 Water Revenue Bond.
During December 2020, the City entered into a Rate Adjustment Transaction with Pinnacle Public Finance, Inc., the sole Bond owner of the 2013 Bonds, to reduce the interest rate on the 2013 Bonds in order to achieve debt service savings. Terms after the rate adjustment transaction are as follows: Principal and interest is payable semi-annually on December 1 and June 1 each year, debt service payment amounts range from $56,665 to $60,964, and interest rate was reduced from 3.85% to 2.50%.
30 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30, 2024
Note 6 – Long-Term Liabilities (Continued)
2016 Water Refunding Bonds – In 2016 the City issued $3,945,000 of Water Revenue Refunding Bonds. The proceeds of the issue were used to refinance the 2007 USDA Water Certificate of Participation. Interest on the Bond is payable semi-annually on November 1 and June 1 each year, with stated interest rates ranging from 2.00% to 4.00% per annum for an average coupon rate of 3.38%.
Principal is paid annually on June 1. Pursuant to the provisions of the Bond agreement, the City has established a Rate Stabilization Fund and made an initial deposit of $500,000 in fiscal year 2016-17, the fund has a current ending balance of $135,000 at June 30, 2024. Debt service is secured by a pledge of net revenues of the City’s Water System. The City covenants that it shall prescribe, revise and collect such charges for the services and facilities of the water system which shall produce revenues sufficient in each fiscal year to provide gross revenues which are sufficient to pay all water operation and maintenance costs and all bond installment payments and produce net water revenues equal to at least 1.25 times debt service coming due and payable during such fiscal year. The City is in compliance with those covenants as of June 30, 2024. Cash basis bonds debt service paid during the fiscal year ended June 30, 2024 totaled $313,451. Total water system net revenues calculated in accordance with the covenants were $549,673 and net revenue available for debt service was 1.75 times debt service at June 30, 2024. 2016 Wastewater Refunding Bonds – In 2016 the City issued $3,415,000 of Wastewater Revenue Refunding Bonds. The proceeds of the issue were used for refinance of the 2008 USDA Sewer Loan Payable. Interest on the Bond is payable semi-annually on February 15 and August 15 each year, with stated interest rates ranging from 2.00% to 4.00% per annum for an average coupon rate of 3.38%.
Principal is paid annually on August 15. The City covenants that it shall prescribe, revise and collect such charges for the services and facilities of the sewer system which shall produce revenues sufficient in each fiscal year to provide gross revenues which are sufficient to pay all sewer operation and maintenance costs and all bond installment payments and produce net sewer revenues equal to at least 1.25 times debt service coming due and payable during such fiscal year. The City is in compliance with those covenants as of June 30, 2024. Cash basis bond debt service paid during the fiscal year ended June 30, 2024 totaled $174,713. Total sewer system net revenues calculated in accordance with the covenants were $778,986 and net revenue available for debt service was 4.86 times debt service at June 30, 2024. 2019 Water Solar Project Financed Purchase – See 2019 Solar Project Financed Purchase under Governmental Activity Long Term Debt for general terms of the purchase agreement. The portion of the total liability allocated to the Water Enterprise Fund was $2,533,908. 2019 Wastewater Solar Project Financed Purchase – See 2019 Solar Project Finance Purchased under Governmental Activity Long Term Debt for general terms of the purchase agreement. The portion of the total liability allocated to the Wastewater Enterprise Fund was $1,575,312. 31 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30, 2024
Note 6 – Long-Term Liabilities (Continued)
The annual requirement to amortize the principal and interest on all long-term debt at June 30, 2024 are as follows:
Years ending June 30, Principal Interest Principal Interest 2025 $ 46,384 $ 14,588 $ 460,236 $ 344,462
2026 47,529 13,138 458,499 332,925
2027 49,459 11,643 480,743 321,280
2028 50,689 10,094 498,325 307,637
2029 16,018 505,411 8,496 293,098
2030-2034 90,145 2,459,324 34,172 1,222,467
2035-2039 108,398 2,641,603 14,684 782,169
2040-2044 11,919 1,678,079 238 368,046
2045-2049 - - 87,238 1,225,000
$ 107,053 420,541 $ 10,407,220 $ 4,059,321 $
Governmental Activities Business-Type Activities
Note 7 – Interfund Balances
Interfund balances as of June 30, 2024 consist of the following:
All balances reported as “due to/due from” are short-term loans to cover temporary fund cash shortages as of June 30, 2024, and were repaid early in fiscal year 2024.
Due From Due To
Major Governmental Funds:
General Fund $ 222,642 $ -
Community Development - 195,432
Non-Major Governmental Funds
Housing - 27,210
$ 222,642 222,642 $
Balances reported as “advance to/advance from” were for capital project expenditures and have scheduled repayments in future years.
Advances From Advances To
Major Funds:
General Fund - $ 815,007 $
Enterprise Funds:
Sewer 735,007 -
Water - 80,000
$ 815,007 815,007 $
32 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30, 2024
Note 8 – Deficit Fund Balance
Fund Balance Deficits – The Landscape Maintenance Fund has a deficit fund balance as of June 30, 2024 of $33,033. The deficit is expected to be relieved from future revenues or transfers from other funds.
Note 9 – Pension Plan
Plan Description – The City contributes to the California Public Employees' Retirement System (PERS), an agent multiple-employer public employee defined benefit pension plan. PERS provides retirement and disability benefits, annual cost-of-living adjustments and death benefits to plan members and beneficiaries. PERS acts as a common investment and administrative agent for participating public entities within the State of California. Benefit provisions and all other requirements are established by state statute and city ordinance. Copies of PERS' annual financial report may be obtained from their Executive Office - 400 P Street - Sacramento, CA 95814.
Funding Policy – Participants are required to contribute eight percent (nine percent for safety employees) of their annual covered salary. The City contributes the employees required share for administrative and public works employees and 5% and 4% of the police and dispatchers required share, respectively.
The City is required to contribute at an actuarially determined rate; the current rate is 7.68 – 14.06 percent for non-safety employees and 13.54 – 24.15 percent for safety employees of annual covered payroll.
The contribution requirements of plan members and the City are established and may be amended by PERS.
Benefits provided – CalPERs provides service retirement and disability benefits, annual cost of living adjustments and death benefits to plan members, who must be public employees and beneficiaries.
Benefits are based on years of credited service, equal to one year of full time employment. Members with five years of total service are eligible to retire at age 50 with statutorily reduced benefits. All members are eligible for non-duty disability benefits after 10 years of service. The death benefit is one of the following:
the Basic Death Benefit, the 1957 Survivor Benefit, or the Optional Settlement 2W Death Benefit. The cost of living adjustments for each plan are applied as specified by the Public Employees’ Retirement Law.
33 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30, 2024
Note 9 – Pension Plan (continued)
The Plans’ provisions and benefits in effect at June 30, 2024, are summarized as follows:
Miscellaneous Safety
Hire Date
Prior to
January 1, 2013
Prior to
January 1, 2013
Benefit Formula 2.5% at 55;
maximum 2%
COLA
3.0% at 55;
maximum 2%
COLA
Benefit Vesting Schedule 5 years service 5 years service Benefit Payments monthly for life monthly for life
Retirement Age 55 55
Monthly Benefits, as a % of Eligible Compensation 2.50% 3.00% Required Employee Contribution Rates 8.00% 9.00%
Required Employer Contribution Rates 14.06% 24.15%
PEPRA
Miscellaneous PEPRA Safety
Hire Date
On or After
January 1, 2013
On or After
January 1, 2013
Benefit Formula 2.0% at 62;
maximum 2%
COLA
2.7% at 57;
maximum 2%
COLA
Benefit Vesting Schedule 5 years service 5 years service Benefit Payments monthly for life monthly for life
Retirement Age 62 57
Monthly Benefits, as a % of Eligible Compensation 2.00% 2.70% Required Employee Contribution Rates 7.75% 13.75%
Required Employer Contribution Rates 7.68% 13.54%
Contributions – Section 20814(c) of the California Public Employees’ Retirement Law requires that the employer contribution rates for all public employers be determined on an annual basis by the actuary and shall be effective on July 1 following the notice of a change in the rate. Funding contributions for both Plans are determined annually on an actuarial basis as of June 30 by CalPERS. The actuarially determined rate is the estimated amount necessary to finance the costs of benefits earned by employees during the year, with an additional amount to finance any unfunded accrued liability. The City is required to contribute the difference between the actuarially determined rate and the contribution rate of employees.
For the year ended June 30, 2024, the contributions recognized $725,671 as part of the pension expense. 34 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30, 2024
Note 9 – Pension Plan (continued)
Pension Liabilities, Pension Expenses, and Deferred Outflows/Inflows of Resources Related to Pensions
As of June 30, 2024, the City reported net pension liabilities for its proportionate shares of the net pension liability as follows:
Proportionate Share of
Net Pension Liability
Miscellaneous $ 2,664,319
Safety 3,045,529
Total 5,709,848 $
The City’s net pension liability is measured as the proportionate share of the net pension liability. The net pension liability of each Plan is measured as of June 30, 2023, and the total pension liability for each Plan used to calculate the net pension liability was determined by an actuarial valuation as of June 30, 2022 rolled forward to June 30, 2023 using standard update procedures. The City’s proportion of the net pension liability was based on a projection of the City’s long-term share of contributions to the pension plans relative to the projected contributions of all participating employers, actuarially determined. The City’s proportionate share of the net pension liability for the Plan as of June 30, 2023 and 2024 was as follows:
Miscellaneous Safety
Proportion - June 30, 2023 0.04095% 0.04069%
Proportion - June 30, 2024 0.05328% 0.04074%
Change - Increase/(Decrease) 0.01233% 0.00005%
For the year ended June 30, 2024, the City recognized pension expense of $1,053,480. At June 30, 2024, the City reported deferred outflows of resources and deferred inflows of resources related to pension from the following sources:
Deferred Outflows
of Resources
Deferred Inflows
of Resources
Changes of assumptions $ - 338,598 $
Differences between expected and actual
experience (40,256) 359,706
Differences between projected and actual
investment earnings - 848,157
Differences between employer's contributions and
proportionate share of contributions (139,674) 53,703
Change in employer's proportion (288,882) 485,018 Pension contributions subsequent to measurement date - 787,999
Total $ (468,812) 2,873,181 $
35 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30, 2024
Note 9 – Pension Plan (continued)
Pension Liabilities, Pension Expenses, and Deferred Outflows/Inflows of Resources Related to Pensions
$787,999 reported as deferred outflows of resources related to contributions subsequent to the measurement date will be recognized as a reduction of the net pension liability in the year ended June 30, 2025. Other amounts reported as deferred outflows or resources and deferred inflows of resources related to pensions will be recognized as pension expense as follows:
Year Ended
June 30
2025 $ 471,865
2026 355,369
2027 765,126
2028 24,010
$ 1,616,370
Actuarial Methods and Assumptions – The collective total pension liability for the June 30, 2023 measurement period was determined by an actuarial valuation as of June 30, 2022, with update procedures used to roll forward the total pension liability to June 30, 2023. The collective total pension liability was based on the following assumptions:
Valuation Date June 30, 2022
Measurement Date June 30, 2023
Actuarial Cost Method Entry-Age Normal Cost Method in
accordance with the requirements of
GASB Statement No. 68
Actuarial Assumptions:
Discount Rate 6.90%
Inflation 2.30%
Payroll Growth 2.80%
Salary Increases Varies by Entry Age and Service
Mortality Rate Table Derived using CalPERS' Membership
Date for all Funds
1 Post Retirement Benefit Increase Contract COLA up to 2.3% until Purchasing Power Protection
Allowance Floor on Purchasing Power
applies
1 The mortality table was developed based on CalPERS-specific data. The rates incorporate Generational Mortality to capture ongoing mortality improvement using 80% of Scale MP 2020 published by the Society of Actuaries. For more details, please refer to the 2021 experience study report that can be found on the CalPERS website..
36 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30, 2024
Note 9 – Pension Plan (continued)
Discount rate – The discount rate used to measure the total pension liability for PERF C was 6.90%. The projection of cash flows used to determine the discount rate assumed that contributions from plan members will be made at the current member contribution rates and that contributions from employers will be made at statutorily required rates, actuarially determined. Based on those assumptions, the Plan’s fiduciary net position was projected to be available to make all projected future benefit payments of current plan members. Therefore, the long-term expected rate of return on plan investments was applied to all periods of projected benefit payments to determine the total pension liability.
Long-term expected rate of return – In determining the long-term expected rate of return, CalPERS took into account long-term market return expectations as well as the expected pension fund cash flows.
Projected returns for all asset classes are estimated and, combined with risk estimates, are used to project compound (geometric) returns over the long term. The discount rate used to discount liabilities was informed by the long-term projected portfolio return.
The table below reflects long-term expected real rates of return by asset class. The rate of return was calculated using the capital market assumptions applied to determine the discount rate and asset allocation.
The geometric rates of return are net of administrative expenses.
Asset Class
Assumed Asset
Allocation
Real Return
Years 1-10
1,
2 Global equity - cap-weighted 30% 4.45%
Global equity - noncap-weighted 12% 3.84%
Private equity 13% 7.28%
Treasury 5% 0.27%
Mortgage-backed securities 5% 0.50%
Investment grade corporates 10% 1.56%
High yield 5% 2.27%
Emerging market debt 5% 2.48%
Private debt 5% 3.57%
Real assets 15% 3.21%
Leverage -5% -0.59%
Total 100%
2 Figures are based on the 2021-22 Asset Liability Management study. 1 An expected inflation of 2.30% used for this period
37 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30, 2024
Note 9 – Pension Plan (continued)
Sensitivity of the Proportionate Share of the Net Pension Liability to Changes in the Discount Rate The following presents the City’s proportionate share of the net pension liability for each Plan, calculating using the discount rate of each Plan, as well as what the City’s proportionate share of the net pension liability would be if it were calculated using a discount rate that is 1-percentage point lower (6.15%) or 1- percentage point higher (8.15%) than the current rate:
1% Decrease
(5.90%)
Current
Discount Rate
(6.90%)
1% Increase
(7.90%)
Miscellaneous 4,067,238 $ 2,664,319 $ 1,509,595 $
Safety $ 3,045,529 4,607,323 $ 1,768,651 $
Pension Plan Fiduciary Net Position – Detailed information about each pension plan’s fiduciary net position is available in the separately issued CalPERS financial reports.
Payable to the Pension Plan – At June 30, 2024, the City has no reported outstanding amount of contributions payable to the pension plan required for the year ended June 30, 2024.
Note 10 – Post-Employment Health Care Benefits
Plan Description
The City reported that the only OPEB provided is medical plan coverage.
Medical coverage is currently provided through CalPERS as permitted under the Public Employees’ Medical and Hospital Care Act (PEMHCA). This coverage requires the employee to satisfy the requirements for retirement under CalPERS, which requires (1) attainment of age 50 (age 52, if a new miscellaneous member to PERS on or after January 1, 2013) with 5 years of State or public agency service or (2) an approved disability retirement.
As a PEMHCA employer, the City is obligated to contribute toward the cost of retiree medical coverage for the retiree’s lifetime or until coverage is discontinued. This City most recently executed resolution with CalPERS defines the level of the City’s contribution to be 100% of the retiree’s monthly medical premium, but not more than $347.77 per month.
Employees Covered
Membership in the plan consisted of the following at June 30, 2024:
Number of active plan members 37
Number of inactive plan members currently receiving benefits 7 Number of inactive plan members entitled but not receiving benefits 6* * Retirees eligible to return to the City for PEMHCA
Summary of Plan Member Counts
38 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30, 2024
Note 10 – Post-Employment Health Care Benefits (Continued) Contributions
The contribution requirements of plan members and the City are established and may be amended by the City. The City determines the required contributions using the Entry Age Normal Cost Method. The required contribution is based on projected pay-as-you-go financing requirements.
Actuarial Assumptions
The City’s net OPEB liability was measured as of June 30, 2023, and the total OPEB liability used to calculate the net OPEB liability was determined by an actuarial valuation date as of June 30, 2023.
Valuation Date 6/30/2022
Funding Method Entry Age Normal Cost, level percent of pay Asset Valuation Method N/A; the plan is not being funded through a trust Actuarial Assumptions:
Discount Rate 4.13% as of June 30, 2023
4.09% as of June 30, 2022
Inflation Rate 2.50%
Salary Increase 3.00%
Health Cost Trend Rates 5.6 % in 2024, fluctuating down to 3.9% by 2077 Retirement age From ages 50 to 75
Mortality CalPERS 2021 Experience Study
Mortality Improvement MW Scale 2022 Generationally
Long Term Expected Rate of Return
Not applicable, the City has reported no plan assets as of June 30, 2024.
Discount Rate
The rate of return is based on a yield or index rate for 20-year, tax-exempt general obligation municipal bonds with an average rating of AA/Aa or higher.
39 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30, 2024
Note 10 – Post-Employment Health Care Benefits (Continued) Changes in the Net OPEB Liability
(a) (b) (a) - (b)
$ 2,132,367 $ 2,132,367 - $
Changes for the year:
Service cost 119,177 119,177 -
Interest 91,326 - 91,326
Changes of assumptions (13,259) (13,259) -
Contributions - employer 37,264 - (37,264)
Benefit payments (37,264) (37,264) -
Net changes - 159,980 159,980
$ - 2,292,347 $ 2,292,347 $
Total OPEB
Liability
Plan Fiduciary
Net Position
Net OPEB
Liability
Increase (Decrease)
Balance at Fiscal Year Ending 06/30/23 (Measurement
Date 6/30/22 )
Balance at Fiscal Year Ending 06/30/24 (Measurement
Date 6/30/23 )
The only assumption change reflected during this period is the change in the discount rates as required by GASB 75.
Sensitivity of the City’s Net OPEB Liability to Changes in the Discount Rate The following presents the net OPEB liability of the City, as well as what the net OPEB liability would be if it were calculated using a discount rate that is 1 percentage-point lower or 1 percentage-point higher than the current rate:
1% Decrease
(3.13%)
Discount Rate
(4.13%)
1% Increase
(5.13%)
Net OPEB liability 2,658,529 $ 2,292,347 $ 1,993,082 $
Sensitivity of the City’s Net OPEB Liability to Changes in the Healthcare Cost Trend Rates The following presents the net OPEB liability of the City, as well as what the net OPEB liability would be if it were calculated using a healthcare cost trend rate that is 1 percentage-point lower or 1 percentagepoint higher than the current rate:
Current Trend -1% Current Trend Current Trend +1%
Net OPEB liability 1,922,503 $ 2,292,347 $ 2,767,108 $
Healthcare cost trend rate was assumed to start at 5.6% (effective January 1, 2024) and grade down to
3.9% for years 2077 and thereafter.
40 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30, 2024
Note 10 – Post-Employment Health Care Benefits (Continued) OPEB Expense and Deferred Outflows/Inflows Related to OPEB For the year ended June 30, 2024, the City recognized OPEB income of $117,838. At June 30, 2024, the City reported deferred outflows of resources and deferred inflows of resources related to OPEB from the following sources:
Deferred Outflows
of Resources
Deferred Inflows
of Resources
OPEB contributions subsequent
to measurement date $ - 57,108 $
Assumption changes 451,072 (2,676,817)
Differences between expected and
actual experience (581,287) -
$ (3,258,104) 508,180 $
The City will recognize the deferred contributions in the next fiscal year. Other amounts reported as deferred outflows of resources related to OPEB will be recognized as OPEB expense as follows:
Year Ended
June 30:
2025 (328,341) $
2026 (328,341)
2027 (319,779)
2028 (299,677)
2029 (316,210)
Thereafter (1,214,684)
Total (2,807,032) $
41 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30, 2024
Note 11 – Deferred Outflows/Inflows of Resources
In addition to assets, the statement of financial position will sometimes report a separate section for deferred outflows or resources. This separate financial statement element, deferred outflows of resources, represents a consumption of net position or fund balance that applies to a future period(s) and thus, will not be recognized as an outflow of resources (expense/expenditure) until then. The City has two items to report in this category:
The City has $2,873,180 in pension related items that qualify to be reported in deferred outflows of resources. The pension related deferred outflows of resources are described in Note 9. The City has $508,180 in other post-employment benefit related items that qualify to be reported in deferred outflows of resources. The other post-employment benefit related deferred outflows of resources are described in Note 10.
In addition to liabilities, the statement of financial position will sometimes report a separate section for deferred inflows of resources. This separate financial statement element, deferred inflows of resources, represent an acquisition of net position or fund balance that applies to a future period(s) and so will not be recognized as an inflow of resources (revenue) until that time. The City has three items to report in this category:
The City has $468,812 in pension related items that qualify to be reported in deferred inflows of resources. The pension related deferred inflows of resources are described in Note 9. The City has $3,258,104 in other post-employment benefit related items that qualify to be reported in deferred inflows of resources. The other post-employment benefit related deferred inflows of resources are described in Note 10.
Unavailable revenues arise only under a modified accrual basis of accounting and is reported only in the governmental funds balance sheet. The City has $1,638,736 in notes and loans receivable in the Housing Fund and $29,611 due from other governments in the Community Development Fund reported as deferred inflows of resources reported for unavailable revenues. 42 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30, 2024
Note 12 – Risk Management
The City participates with other public entities in a joint venture under a joint powers agreement which establishes the Central San Joaquin Valley Risk Management Authority (CSJVRMA). The relationship between the City and CSJVRMA is such that CSJVRMA is not a component unit of the City for financial reporting purposes.
The City is covered for the first $1,000,000 of each general liability claim and $500,000 of each worker’s compensation claim through the CSJVRMA. The City has the right to receive dividends or the obligation to pay assessments based on a formula which, among other expenses, charges the City's account for liability losses under $10,000 and workers’ compensation losses under $10,000. The CSJVRMA purchases excess reinsurance from $1,000,000 to $15,000,000. The CSJVRMA participates in an excess pool which provides Workers’ Compensation coverage from $500,000 to $1,500,000 and purchases excess reinsurance above $1,500,000 to the statutory limit.
The CSJVRMA is a consortium of 55 cities in San Joaquin Valley, California. It was established under the provisions of California Government Code Section 6500, et. seq. The CSJVRMA is governed by a Board of Directors, which meets three to four times each year, consisting of one member appointed by each member city. The day-to-day business is handled by a management group employed by the CSJVRMA.
The financial statements of CSJVRMA can be obtained at 1831 K Street, Sacramento, CA 95814.
The latest audited financial information and the most current information available for CSJVRMA for fiscal year ended June 30, 2024 is as follows:
Total assets $ 179,635,612
Total liabilities 144,400,470
Net position $ 35,235,142
Total revenues $ 95,596,916
Total expenses 94,324,180
Increase/(decrease) in net position $ 1,272,736
43 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30, 2024
Note 13 – Stewardship, Compliance and Accountability
Excess of expenditures over appropriations – The following funds incurred expenditures in excess of appropriations in the following amounts for the year ended June 30, 2024:
General Fund:
Current
General government (8,639) $
Public ways and facilities (70,193) $
Public protection (313,830) $
Culture and recreation (31,835) $
Community development (5,720) $
Debt service
Principal (45,280) $
Interest (9,933) $
Community Development Fund:
Current
General government (157,886) $
Culture and recreation (329,062) $
Community development (396,421) $
Capital outlay (883,369) $
Development Impact Fees Fund:
Current
General government (3,257) $
Public protection (20,062) $
Culture and recreation (8,343) $
Public Safety Special Revenue Fund:
Current
Public protection (278,898) $
The excess expenditures are expected to be covered by future excess revenues.
Note 14 – Contingencies
Federal and State Government Programs – The City participates in several federal and state grant programs. These programs have been audited, as needed, in accordance with the provisions of the Uniform Guidance and applicable state requirements. No cost disallowances were proposed as a result of these audits. However, these programs are still subject to further examination by the grantors and the amount, if any, of expenditures, which may be disallowed by the granting agencies, cannot be determined at this time. The City expects such amounts, if any, to be immaterial. 44 CITY OF FIREBAUGH
NOTES TO BASIC FINANCIAL STATEMENTS
YEAR ENDED JUNE 30, 2024
Note 15 – Subsequent Events
The City evaluated subsequent events for recognition and disclosure through March 21, 2025 the date which these financial statements were available to be issued. Management concluded that no material subsequent events have occurred since June 30, 2024 that required recognition or disclosure in such financial statements.
REQUIRED SUPPLEMENTARY INFORMATION
45 CITY OF FIREBAUGH
BUDGETARY COMPARISON SCHEDULE
GENERAL FUND
YEAR ENDED JUNE 30, 2024
Variance with
Final Budget
Budgeted Amounts Actual Positive/
Original Final Amounts (Negative)
Revenue
Taxes 3,927,280 $ 3,927,280 $ 3,730,295 $ (196,985) $
Licenses and permits 139,270 139,270 418,343 279,073
Intergovernmental 42,500 42,500 179,914 137,414
Charges for services 659,600 659,600 716,012 56,412
Fines and forfeitures 18,300 18,300 38,015 19,715
Investment income 55,050 55,050 58,467 3,417
Other 168,725 168,725 173,706 4,981
Total revenue 5,010,725 5,010,725 5,314,752 304,027
Expenditures
Current
General government 350,385 350,385 359,024 (8,639)
Public ways and facilities 621,257 621,257 691,450 (70,193) Public protection 3,012,756 3,012,756 3,326,586 (313,830) Culture and recreation 467,076 467,076 498,911 (31,835) Community development 288,459 288,459 294,179 (5,720)
Capital outlay 96,628 96,628 93,886 2,742
Debt service
Principal - 45,280 - (45,280)
Interest 5,937 5,937 15,870 (9,933)
Total expenditures 4,842,498 4,842,498 5,325,186 (482,688) Net Change in Fund Balance $ 168,227 168,227 $ (6,813) $ (175,040) Fund Balance
Beginning of year 6,927,484
End of year $ 6,920,671
46 CITY OF FIREBAUGH
BUDGETARY COMPARISON SCHEDULE
DEVELOPMENT IMPACT FEES FUND
YEAR ENDED JUNE 30, 2024
Variance with
Final Budget
Budgeted Amounts Actual Positive/
Original Final Amounts (Negative)
Revenue
Licenses and permits $ 390,400 390,400 $ 754,964 $ 364,564 $ Total revenue 390,400 390,400 754,964 364,564
Expenditures
Current
General government - - 3,257 (3,257)
Public protection 79,000 79,000 99,062 (20,062)
Culture and recreation - - 8,343 (8,343)
Total expenditures 79,000 79,000 110,662 (31,662)
Revenue over (under) expenditures 311,400 311,400 644,302 332,902 Net Change in Fund Balance $ 311,400 311,400 $ 644,302 $ 332,902 Fund Balance
Beginning of year 425,132
End of year $ 456,585
47 CITY OF FIREBAUGH
BUDGETARY COMPARISON SCHEDULE
PUBLIC SAFETY FUND
YEAR ENDED JUNE 30, 2024
Variance with
Final Budget
Budgeted Amounts Actual Positive/
Original Final Amounts (Negative)
Revenue
Intergovernmental 155,000 $ 155,000 $ 564,671 $ 409,671 $ Investment income 350 350 - (350)
Other - - 2,668 2,668
Total revenue 155,350 155,350 569,273 413,923
Expenditures
Current
Public protection 191,495 191,495 470,393 (278,898)
Capital outlay 35,000 35,000 130,158 (95,158)
Total expenditures 226,495 226,495 600,551 (374,056)
Net Change in Fund Balance $ (71,145) (71,145) $ (31,278) $ 39,867 Fund Balance
Beginning of year 329,197
End of year $ 297,919
48 CITY OF FIREBAUGH SCHEDULE OF CHANGES IN CITY’S NET OPEB LIABILITY AND RELATED RATIOS LAST 10 YEARS* AS OF JUNE 30, 2024 Fiscal Year Ending 2024 2023 2022 2021 2020 2019 2018Measurement Date 6/30/2023 6/30/2022 6/30/2021 6/30/2020 6/30/2019 6/30/2018 6/30/2017Discount Rate on Measurement Date 4.13% 4.09% 2.18% 2.66% 2.79% 2.98% 3.13%Total OPEB liabilityService cost $ 119,177 $ 347,380 $ 293,288 $ 341,640 $ 313,522 $ 286,261 $ 314,831 Interest 91,326 111,552 113,673 136,485 127,822 1,116,721 98,956 Changes of benefit terms - - - - - - -Differences between expected and actual experience (548,472) - (208,193) - - - - Changes of assumptions (13,259) (2,523,365) 429,180 (798,744) 165,842 159,327 (320,608) Benefit payments (37,264) (48,788) (44,420) (38,271) (27,143) (31,579) (24,191) Net change in total OPEB liability 159,980 (2,661,693) 791,721 (567,083) 580,043 1,530,730 68,988 Total OPEB liability - beginning 4,794,060 2,132,367 4,002,339 4,569,422 3,989,379 3,458,649 3,389,661 Total OPEB liability - ending (a) $ 2,132,367 2,292,347 $ 4,794,060 $ 4,002,339 $ 4,569,422 $ 4,989,379 $ 3,458,649 $ Plan fiduciary net position - beginning - - - - - - - Plan fiduciary net position - ending (b) - - - - - - -Net OPEB liability - ending (a) - (b) $ 2,132,367 2,292,347 $ 4,794,060 $ 4,002,339 $ 4,569,422 $ 4,989,379 $ 3,458,649 $ Covered-employee payroll $ 2,505,720 2,301,897 $ 2,225,247 $ 2,153,482 $ 2,056,534 $ 2,004,877 $ 1,976,550 $ Net OPEB liability as a % of covered payroll 99.59% 85.10% 215.44% 185.85% 222.19% 248.86% 174.98%Notes to Schedule:Changes of assumptions: Changes of assumptions and other inputs reflect the effects of changes in the discount rate each period. Discount rates used in each period are illustrated above.* GASB 75 requires presentation of the 10-year history of changes in the Net OPEB Liability. Only results for years since GASB 75 was implemented are shown in the table. 49 CITY OF FIREBAUGH SCHEDULE OF THE CITY’S PROPORTIONATE SHARE OF NET PENSION LIABILITY LAST 10 YEARS AS OF JUNE 30, 2024 Proportion of the net pension
liability
Proportionate share of the net
pension liability Covered - employee payroll
Proportionate share of the net
pension liability as a
percentage of
covered-employee payroll Plan's fiduciary net position
Plan's fiduciary net position
as a percentage of the Total
Pension Liability
2015 0.04155% $ 1,026,968 $ 1,102,397 93.16% $ 4,258,380 80.57% 2016 0.04681% $ 1,284,149 $ 1,142,658 112.38% $ 4,422,483 77.50% 2017 0.04584% $ 1,592,387 $ 1,185,040 134.37% $ 4,509,211 73.90% 2018 0.04647% $ 1,831,727 $ 1,135,047 161.38% $ 4,859,986 72.63% 2019 0.04743% $ 1,787,565 $ 1,085,707 164.65% $ 5,465,496 75.35% 2020 0.03340% $ 1,337,483 $ 1,112,066 120.27% $ 5,679,947 80.94% 2021 0.04948% $ 2,102,085 $ 1,182,459 177.77% $ 6,192,635 74.66% 2022 0.06151% $ 1,167,960 $ 1,236,894 94.43% $ 7,750,225 86.90% 2023 0.04095% $ 1,916,317 $ 1,284,535 149.18% $ 6,468,448 77.15% 2024 0.05328% $ 2,664,319 $ 1,295,897 205.60% $ 7,708,794 62.38% Proportion of the net pension
liability
Proportionate share of the net
pension liability Covered - employee payroll
Proportionate share of the net
pension liability as a
percentage of
covered-employee payroll Plan's fiduciary net position
Plan's fiduciary net position
as a percentage of the Total
Pension Liability
2015 0.04123% $ 1,546,431 $ 768,218 201.30% $ 5,122,434 76.81%2016 0.03571% $ 1,471,316 $ 799,827 183.95% $ 5,447,021 78.73%2017 0.03579% $ 1,853,650 $ 692,501 267.67% $ 5,543,143 74.94%2018 0.03484% $ 2,081,461 $ 692,040 300.77% $ 6,046,601 74.39%2019 0.03472% $ 2,036,936 $ 683,756 297.90% $ 6,665,456 76.59%2020 0.03458% $ 2,158,923 $ 726,367 297.22% $ 6,988,249 76.40%2021 0.03498% $ 2,330,725 $ 740,988 314.54% $ 7,309,665 75.82%2022 0.03565% $ 1,251,290 $ 771,654 162.16% $ 8,873,767 87.64%2023 0.04069% $ 2,796,363 $ 978,789 285.70% $ 8,178,575 74.52%2024 0.04074% $ 3,045,529 $ 906,118 336.11% $ 8,339,288 73.25% Miscellaneous
Safety
50 CITY OF FIREBAUGH SCHEDULE OF CONTRIBUTIONS LAST 10 YEARS AS OF JUNE 30, 2024 Contractually required
contribution (actuarially
determined)
Contributions in relation to
the actuarially determined
contributions
Contributions deficiency
(excess) Covered-employee payroll
Contributions as a percentage
of covered-employee payroll
Miscellaneous:
2015 $ 115,154 $ (115,154) $ - $ 1,142,658 10.85%
2016 $ 200,112 $ (200,112) $ - $ 1,185,040 10.85%
2017 $ 178,195 $ (178,195) $ - $ 1,135,047 15.70%
2018 $ 194,343 $ (194,343) $ - $ 1,085,707 17.90%
2019 $ 195,432 $ (195,432) $ - $ 1,112,066 17.57%
2020 $ 224,323 $ (224,323) $ - $ 1,182,459 18.97%
2021 $ 257,851 $ (257,851) $ - $ 1,236,894 20.85%
2022 $ 288,598 $ (288,598) $ - $ 1,284,535 22.47%2023 $ 314,419 $ (314,419) $ - $ 1,295,897 24.26%2024 $ 351,939 $ (351,939) $ - $ 1,536,304 22.91% Safety:
2015 $ 145,022 $ (145,022) $ - $ 799,827 18.13%
2016 $ 234,881 $ (234,881) $ - $ 692,501 33.92%
2017 $ 224,508 $ (224,508) $ - $ 692,040 32.44%
2018 $ 240,914 $ (240,914) $ - $ 683,756 35.23%
2019 $ 260,485 $ (260,485) $ - $ 726,367 35.86%
2020 $ 297,385 $ (297,385) $ - $ 740,988 40.13%
2021 $ 261,485 $ (261,485) $ - $ 771,654 33.89%
2022 $ 300,919 $ (300,919) $ - $ 978,789 30.74%
2023 $ 340,734 $ (340,734) $ - $ 906,118 37.60%
2024 $ 373,732 $ (373,732) $ - $ 1,161,532 32.18%
SUPPLEMENTAL ONLY INFORMATION
51 CITY OF FIREBAUGHCOMBINING BALANCE SHEET NON-MAJOR GOVERNMENTAL SPECIAL REVENUE FUNDS JUNE 30, 2024 Local Measure C Landscape
Gas Tax Transportation Funds Maintenance SB1 ARPA Total ASSETS
Cash and investments 200,926 $ 928,593 $ 598,772 $ - $ 188,982 $ 214,480 $ 2,131,753 $ Due from other governments - 19,992 25,047 - 33,783 - 78,822 Total assets 1,019,933 220,918 623,819 - 227,188 214,480 2,306,338 LIABILITIES AND FUND BALANCELiabilities
Accounts payable and accrued expense 8,365 515 339,636 3,917 11,546 - 363,979 Accrued salaries and benefits 4,551 3,810 11,894 1,906 - - 22,161 Due to other funds - - - 27,210 - - 27,210
Total liabilities 5,066 12,175 351,530 33,033 11,546 - 413,350 Fund Balance
Restricted
Public ways and facilities 208,743 1,014,867 272,289 - 215,642 - 1,711,541 Public safety programs - - - - - 214,480 214,480
Unassigned - - - (33,033) - - (33,033)
Total fund balance 1,014,867 208,743 272,289 (33,033) 215,642 214,480 1,892,988 Total liabilities and fund balance $ 1,019,933 220,918 $ 623,819 $ - $ 227,188 $ 214,480 $ $ 2,306,338 52 CITY OF FIREBAUGHCOMBINING STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE NON-MAJOR GOVERNMENTAL SPECIAL REVENUE FUNDS YEAR ENDED JUNE 30, 2024 Local Measure C Landscape
Gas Tax Transportation Funds Maintenance SB1 ARPA Total Revenue
Taxes and assessments $ - - $ - $ 64,537 $ - $ - $ 64,537 $ Intergovernmental 232,369 451,216 408,256 - 219,222 - 1,311,063 Investment income 5,978 - 7,113 1,090 - - 14,181
Total revenue 457,194 232,369 415,369 65,627 219,222 - 1,389,781 Expenditures
Current
Public ways and facilities 177,200 124,854 156,973 97,541 78,077 - 634,645 Community development - - - - - 45,381 45,381
Capital outlay - 65,103 374,721 - - 112,284 552,108
Total expenditures 124,854 242,303 531,694 97,541 78,077 157,665 1,232,134 Change in Fund Balance (9,934) 332,340 (116,325) (31,914) 141,145 (157,665) 157,647 Fund Balance
Beginning of year 682,527 218,677 388,614 (1,119) 74,497 372,145 1,735,341 End of year 208,743 $ 1,014,867 $ 272,289 $ (33,033) $ 215,642 $ 214,480 $ 1,892,988 $ 53 CITY OF FIREBAUGH
SCHEDULE OF NET REVENUE AVAILABLE FOR DEBT SERVICE
JUNE 30, 2024
Sewer Water
Operating Revenue
Charges for services $ 2,046,081 1,803,154 $
Waste Discharge fees - 15,285
Toma Tek Service and Reimbursement Revenue - 106,701
Other revenue/(expenses) 45,403 20,971
Total Available Revenues 2,122,558 1,946,111
Operating Expense
Personnel 609,723 680,646
Utilities 64,744 262,956
Supplies and materials 74,206 99,604
Maintenance and operations 124,134 159,735
Contractual services 182,468 249,759
Other expenses 154,957 144,549
Total operations and maintenance 1,607,657 1,199,824
Nonoperating Revenue/(Expense)
Investment income 34,772 32,699
Total nonoperating revenue/(expense) 34,772 32,699
Total Net Revenue Available for Debt Service 549,673 778,986 Debt Service Requirements
2013 Water Revenue Refunding Bond - 111,613
2016 Water Refunding Bond - Series 2016A - 201,838
2016 Wastewater Refunding Bond - Series 2016A - 174,713 Total Debt Service 313,451 174,713
Net Revenue after Debt Service $ 236,222 604,273 $
Debt Service Coverage Ratio 4.46 1.75
Rate Stabilization Fund:
Beginning balance at July 1, 2023 $ - $ 135,000
Transfer to Water Enterprise Fund - -
Ending balance at June 30, 2024 - $ 135,000 $
Business-Type Activities - Enterprise Funds
BRYANT L. JOLLEY
CERTIFIED PUBLIC ACCOUNTANTS Bryant L. Jolley C.P.A.
Ryan P. Jolley C.P.A.
Darryl L. Smith C.P.A.
Luis A. Perez C.P.A.
Lan T. Kimoto
901 “N” STREET, SUITE 104 FIREBAUGH, CALIFORNIA 93622 PHONE 559.659.3045 FAX 559.659.0615 INDEPENDENT AUDITOR’S REPORT ON INTERNAL CONTROL
OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER
MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS
PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS
To the Honorable Mayor and City Council
City of Firebaugh, California
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, the businesstype activities, each major fund, and the aggregate remaining fund information of the City of Firebaugh, California, (the “City”) as of and for the year ended June 30, 2024, and the related notes to the financial statements, which collectively comprise City’s basic financial statements, and have issued our report thereon dated March 21, 2025.
Internal Control Over Financial Reporting
In planning and performing our audit of the financial statements, we considered the City’s internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of City’s internal control. Accordingly, we do not express an opinion on the effectiveness of City’s internal control.
A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.
Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies and therefore, material weaknesses or significant deficiencies may exist that were not identified.
55 Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether City’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements.
However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.
Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.
March 21, 2025
CITY OF FIREBAUGH
MANAGEMENT REPORT
FOR THE YEAR ENDED JUNE 30, 2024
TABLE OF
CONTENTS
Page
Required Communications 1 - 3
BRYANT L. JOLLEY
CERTIFIED PUBLIC ACCOUNTANTS Bryant L. Jolley C.P.A.
Ryan P. Jolley C.P.A.
Darryl L. Smith C.P.A.
Luis A. Perez C.P.A.
Lan T. Kimoto
901 “N” STREET, SUITE 104 FIREBAUGH, CALIFORNIA 93622 PHONE 559.659.3045 FAX 559.659.0615 To the Honorable Mayor and City Council
City of Firebaugh, California
We have audited the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Firebaugh for the year ended June 30, 2024. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards and, if applicable, Government Auditing Standards and the Uniform Guidance, as well as certain information related to the planned scope and timing of our audit. We have communicated such information in our letter to you dated November 4, 2024. Professional standards also require that we communicate to you the following information related to our audit.
Significant Audit Findings
Qualitative Aspects of Accounting Practices
Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by City are described in Note 1 to the financial statements. No new accounting policies were adopted and the application of existing policies was not changed during 2024. We noted no transactions entered into by City during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period.
Accounting estimates are an integral part of the financial statements prepared by management and are based on management’s knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the City’s financial statements were:
Management has determined the economic useful lives of fixed assets based on past history of similar types of assets, future plans as to their use, and other factors that impact their economic value to the City. We evaluated the key factors and assumptions used by management in computing depreciation expense and believe that it is reasonable in relation to the financial statements taken as a whole.
Management’s estimate of the allowance for doubtful accounts is based on an evaluation of collectability primarily focused on past due accounts. We evaluated the key factors and assumptions used to develop the allowance for doubtful accounts in determining that it is reasonable in relation to the financial statements as a whole. 2 Management’s estimate of the net pension liability and Net OPEB liability and related deferrals is based on actuarial valuations which include significant assumptions regarding discount rate, inflation, payroll growth, projected salary increases and investment rate of return. We evaluated the key factors and assumptions used to develop the liability and related deferrals in determining that it is reasonable in relation to the financial statements taken as a whole.
The financial statement disclosures are neutral, consistent, and clear.
Difficulties Encountered in Performing the Audit
We encountered no significant difficulties in dealing with management in performing and completing our audit.
Corrected and Uncorrected Misstatements
Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are clearly trivial, and communicate them to the appropriate level of management. Management has corrected all such misstatements. In addition, none of the misstatements detected as a result of audit procedures and corrected by management were material, either individually or in the aggregate, to each opinion unit’s financial statements taken as a whole.
Disagreements with Management
For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor’s report. We are pleased to report that no such disagreements arose during the course of our audit.
Management Representations
We have requested certain representations from management that are included in the management representation letter dated March 21, 2025.
Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a “second opinion” on certain situations. If a consultation involves application of an accounting principle to City of Firebaugh’s financial statements or a determination of the type of auditor’s opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants.
Other Audit Findings or Issues
We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as City of Firebaugh’s auditors.
However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention.
3 Other Matters
We applied certain limited procedures to the Budgetary Comparison Schedules, Proportionate Share of Net Pension Liability, and Schedule of Contributions which are required supplementary information (RSI) that supplements the basic financial statements. Our procedures consisted of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We did not audit the RSI and do not express an opinion or provide any assurance on the RSI.
We were engaged to report on supplementary information, as listed in the table of contents, which accompany the financial statements but are not RSI. With respect to this supplementary information, we made certain inquiries of management and evaluated the form, content, and methods of preparing the information to determine that the information complies with accounting principles generally accepted in the United States of America, the method of preparing it has not changed from the prior period, and the information is appropriate and complete in relation to our audit of the financial statements. We compared and reconciled the supplementary information to the underlying accounting records used to prepare the financial statements or to the financial statements themselves.
Restriction on Use
This information is intended solely for the information and use of the City Council and management of City of Firebaugh and is not intended to be, and should not be, used by anyone other than these specified parties.
Very truly yours,
March 21, 2025
City Council Meeting 03/03/2025
TO: Mayor Freddy Valdez and Council Members
FROM: Pio Martin, Finance Director
DATE: April 07, 2025
SUBJECT: American Rescue Plan Act of 2021 Fund Balance
Background:
City of Firebaugh received a total of $1,984,580 in American Rescue Plan Act (ARPA) funding distributed across two fiscal years. The first disbursement of $992,290.00 received in fiscal year 2021-2022 and the seconded amount of $992,290.00 in fiscal year 2022 – 2023. These funds were instrumental in supporting city staff and for infrastructure improvement. A detailed breakdown of the specific allocation and expenditure are presented in the chart below. All ARPA funding must be spent by December 31, 2026.
Descriptions Of Project Amount Paid
City-Economies Development Organization $2,500.00
Legal Services $7,779.05
New Electrical Service - Police Department $14,853.31
Software Management And Support - Text My Gov $15,600.00 Facade Improvement Grant Program $41,157.44
American Rescue Plan Act Premium Pay - Volunteer Fire Department $54,250.00 Radio Equipment - Police Department $74,306.51
Complete SCBA System-Cal Fire Requirements - Fire Department $80,103.80 Professional Consulting - Retail Strategies $120,000.00 Emergency Generator - Fire and Police Departments $463,846.68 Utility & Surface Alley Improvement $558,173.82
Staff FICA $29,886.92
Staff Salaries $395,200.00
Total Spent as of February 28, 2025 $1,857,657.53
Balance Remaining as of February 28, 2025 $126,922.47
Amount Received $1,984,580.00
RECOMMENDATION:
Council to discuss and give directions to City Manager.
RETURN TO AGENDA
STAFF REPORT
TO: Mayor and Council Members
FROM: Ben Gallegos, City Manager
DATE: 4/7/25
Meetings Attended:
• Hud Tank Biweekly Progress Meeting.
• Mayor Pro-Tem Silvia Renteria and I met Congressman Adam Gray. • Attended Farmworker Appreciations Day in Mendota.
• Go over phase 2 with Habitat for Humanity Project.
• Met with Mario staff to go over our 5 years CIP Plan. • WWTP improvements project.
• Siting solar on Brownfields and Underutilized.
• Met with the new owner of Eagle Field.
• Met with our local customer relationship manager for PG&E. We discuss rate analysis, streetlights and utility users’ tax.
Information:
After extensive research from our city attorney, the school district is exempt from paying city’s utility users tax. The California constitution restricts a public agency from imposing fees or charges on another public agency with express authority from the state. Public school districts are considered public entities and thus are immune from utility users taxes unless there is an express statutory or constitutional provision authorizing such taxation. There is no express or constitutional statutory provision authorizing the levy of utility user taxes against public entities by another public entity and thus, the school district would be exempt from such taxes. This will have an impact on our general fund of $50,000 per year.
The school district is also asking for a reimbursement of $150,000 for the past three years.
I will be going on vacation on April 15 – 20.
RETURN TO AGENDA
City Council Meeting 04/07/2025
TO: Mayor Freddy Valdez and Council Members
FROM: Pio Martin, Finance Director
DATE: April 07, 2025
SUBJECT: Monthly Staff Report
Central San Joaquin Valley Risk Management Authority
Attended the Central San Joaquin Valley Risk Management Authority (CSJVRMA) Board of Directors meeting held on March 28, 2025. The City of Firebaugh is a member of the Central San Joaquin Valley Risk Management Authority (CSJVRMA), a joint powers authority that provides risk management services. The City of Firebaugh is enrolled in the service – Workers Compensation, Liability Program, Auto Physical Damage (ADP), Property Program (APIP), and Employee Assistance Program.
One of the primary items of discussion was the review and adoption of the budget for Fiscal Year 2025-26. The City’s annual contribution is projected to increase by approximately 17%, which equates to an additional cost of $122,180 compared to the current fiscal year. This is a significant year-over-year increase which will need to be carefully considered as we develop the City’s budget for Fiscal year 2025-26. The total budget for the coming fiscal year is projected to be $840,233.
West American Bank
An update regarding the recent instance of fraudulent check, claiming to be from the City of Firebaugh. We have officially enrolled in West America Bank’s Positive Pay program. This program will serve as a crucial second layer of protection against fraudulent checks by requiring the bank to verify checks details against a list of authorized payments issued by the City before disbursing funds. We anticipate that the implementation of Positive Pay will significantly assist in the prevention and detection of future fraudulent activity.
City of Firebaugh Public Works Department
Staff Report
________________________________________________________________________ To: Mayor Freddy Valdez and City Council Members
From: Michael Molina, Public Works Director
Date: April 7, 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 facilities
Streets
The Street Department has been working on the following:
1. Cleaning up alleys around town.
2. Patching pot on main street and areas around town.
3. Repairing water leaks and water meters..
4. Install conduit and pulled new wire for new Cal Ripken score board.
5. Installed new score board at Dunkle Field
Parks
The Crew has been working on the following:
1. Getting fields ready for the new baseball season.
2. Pruning trees on main street and Pst (business district).
3. Cleaning up the walking trail.
City Projects:
1. The alley project has begun.
2. The Qst project will begin April 7,2025
3. 15th and Qst storm drain/repaving project preconstruction meeting April 10,2025