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4. Laboratory, general or medical
5. Mini-warehouse or self-storage facility
6. Motor vehicle repair or service, minor or major
7. Office; medical, dental, or optometry
8. Pet grooming
9. Repair shop, large appliance or equipment
10. Specialty construction or trade service where construction activities take place at the site
11. Tattooing or body art
12. Any other use determined by the Community Development Director to be not incidental nor compatible with residential activities.
B. A home occupation permit may be denied if the Community Development Director finds that land use proposed for a home occupation is listed in this section, or that there is substantial evidence that the land use will create a significant impact to the environment. 17.78.050 Operating standards.
A. A home occupation shall comply with all of the following operating standards:
1. A home occupation shall not alter the appearance of the dwelling unit as seen from any public right-of-way.
2. There shall be no displays on the premises.
3. There shall be no signs other than those allowed by Chapter 17.56.
4. There shall be no advertising in any publication, on the internet, or otherwise, that identifies the home occupation by street address.
5. The home occupation shall be confined to one room located within the dwelling. A portion of a garage or carport may be used for home occupation purposes if it does not prevent the garage or carport from being used for parking of vehicles. Horticulture activities may be conducted outdoors within the rear of the lot only.
6. Only one vehicle no larger than a three-quarter ton truck may be used by the occupant directly or indirectly in connection with a home occupation.
7. The home occupation shall not encroach into any required parking, setback or open space areas.
8. There shall be no use of mechanical equipment not recognized as being part of a normal household or hobby use.
9. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises.
10. Utility consumption shall not exceed normal residential usage.
11. The home occupation shall not create or cause noise, dust, light, vibration, odor, gas, fumes, toxic/hazardous materials, smoke, glare or electrical interference or other hazards or nuisances to an extent that would exceed the conditions of normal residential activities.
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12. Only the occupants of the dwelling may be engaged in the home occupation , except as specifically modified by other sections of this title.
13. The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises at a frequency of more than three deliveries per week of a package or packages weighing less than one hundred (100) pounds.
14. The home occupation shall not generate pedestrian or vehicular traffic in excess of that customarily associated with the land use district in which it is located.
15. No home occupation shall commence until a current business license is obtained, pursuant to this Municipal Code.
16. No more than one (1) home occupation shall be located within a dwelling unit at one time.
17. If the home occupation is to be conducted on rental property, the property owner’s written authorization for the proposed use shall be obtained prior to the submittal for a home occupation permit.
18. No space shall be rented out to others in association with a home occupation.
19. A home occupation that is a cottage food operation shall meet the requirements of Section
17.60.050.
C. A home occupation permit may be denied if the Community Development Director finds that there is a failure or inability to meet one or more of the operating standards of this section.
17.78.060 Life of permits and extensions of time.
The initial life and subsequent extensions of time for home occupation permits are stated in Sections 17.70.240 and 17.70.250.
17.78.070 No transferability.
A. Notwithstanding Section 17.70.210, if property ownership changes on property subject to a valid home occupation permit, the home occupation permit shall not be transferable to a new property owner.
B. If the holder of a valid home occupation permit relocates to another site, the home occupation shall not transfer to the new site. A new home occupation permit shall be approved before the use may continue at the new site.
17.78.080 Revocation.
A home occupation permit may be revoked or modified in accordance with Section 17.70.230 if any one of the following findings are made:
A. The home occupation permit was obtained by misrepresentation or fraud; B. The condition of the premises, or the area of which it is a part, has changed so that the home occupation is no longer justified under the meaning and intent of this title; C. One or more of the operating standards of the home occupation permit have not been met; D. The home occupation violates Federal, State, or local statute, ordinance, law, or regulation.
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Chapter 17.80
CONDITIONAL USE PERMITS
Sections:
17.80.010 Purpose.
17.80.020 Application procedure.
17.80.030 Findings.
17.80.040 Conditions of approval.
17.80.050 Notice of decision.
17.80.060 Appeals.
17.80.070 Life of permits and extensions of time.
17.80.080 Revocation.
17.80.090 Subsequent Permits.
17.80.010 Purpose.
In certain districts, conditional uses are permitted subject to the granting of a conditional use permit. Because of their unusual characteristics, conditional uses require special considerations so that they may be located in a proper zoning district in order that the objectives of this title are satisfied and the conditional use is compatible with the permitted uses in the zoning district.
17.80.020 Application procedure.
Applications for a conditional use permit shall be filed and processed pursuant to the applicable sections of Chapter 17.70.
17.80.030 Findings.
A. Before a conditional use permit can be approved , all of the following findings shall be made by the reviewing authority identified in Chapter 17.70:
1. The proposed use would not impair the integrity and character of the zoning district in which it is to be located;
2. The proposed use would be compatible with existing land uses and future permitted land uses within the zoning district in which the proposed use is to be located;
3. The proposed use is consistent with the general plan;
4. There will not be significant effects upon the quality of the environment and natural resources;
5. The proposed location, size, design and operating characteristics of the proposed use would not be detrimental to the public interests, health, safety, convenience or welfare of the city and that any incompatible impacts of the proposed use are mitigated by conditions of approval.
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B. A conditional use permit may be denied if the reviewing authority finds one or more of the findings in this section cannot be made.
17.80.040 Conditions of approval.
The reviewing authority may place conditions of the approval on the conditional use permit that are needed for the required findings to be made or which promote the public interests, health, safety, convenience or welfare of the city or that mitigate any impacts to surrounding properties.
17.80.050 Notice of decision.
A notice of decision of a conditional use permit shall be processed consistent with Chapter 17.70.
17.80.060 Appeals.
Appeals to a decision of the reviewing authority of a conditional use permit shall be submitted and processed consistent with the procedures in Chapter 17.70.
17.80.070 Life of permits and extensions of time.
The initial life and subsequent extensions of time for a conditional use permit shall be per Chapter
17.70, except that when any conditional use permit that is approved in conjunction with a tentative subdivision map or parcel map pursuant to Title 16 the conditional use permit shall not expire unless the tentative subdivision map or parcel map also expires, and an extension of the tentative subdivision map or parcel shall be deemed to be an extension of the conditional use permit.
17.80.080 Revocation.
Revocation of an approved conditional use permit shall be conducted consistent with procedures and notice requirements in Chapter 17.70.
17.80.090 Other Permits.
Other development permits required for the project shall be submitted, reviewed , and processed consistent with Chapter 17.70.
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Chapter 17.82
PLANNED UNIT DEVELOPMENT PERMITS
Sections:
17.82.010 Purpose.
17.82.020 Application Procedure.
17.82.030 Allowed planned unit developments.
17.82.040 Prohibited planned unit developments.
17.82.050 Site area.
17.82.060 Findings.
17.82.070 Conditions of approval.
17.82.080 Notice of decision.
17.82.090 Appeals.
17.82.100 Life of permits and extensions of time.
17.82.110 Revocation.
17.82.120 Subsequent permits.
17.82.010 Purpose.
Planned unit developments (PUDs) are encouraged to achieve a more functional, aesthetically pleasing, and harmonious living and working environment within the city that otherwise might not be possible by strict adherence to the provisions of this title. In certain instances, the objectives of this title may be achieved by development that does not conform in all respects with the land use pattern designated on the zoning map or in the zone districts prescribed by this title.
17.82.020 Application Procedure.
A. Applications for a planned unit development (PUD) permit shall be filed and processed pursuant to the applicable sections of Chapter 17.70.
B. In addition to the standard application information , the Community Development Director , after reviewing the site plan of the proposed PUD, shall list any unique, additional information necessary to review a proposed PUD in the Site Plan Review process.
17.82.030 Allowed planned unit developments.
A planned unit development may be utilized to achieve one or more of the following objectives:
A. To permit a site within more than one zone district to mix the permitted or conditionally permitted land uses of both zones within the site without regard to the zone district boundary.
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B. To permit development intensity greater than would otherwise be permitted by the implementation of the standards of the zone district in which the site is located; C. To permit the lot patterns on size, shape, and layout that would otherwise not be permitted by the standards of the zone district in which the site is located; D. To modify the required building setbacks, distances between structures, and landscaped areas that would otherwise be required by this title
E. To permit variations to the standard local street cross-sections; F. To permit private streets and gated neighborhoods;
G. To permit the implementation of the mixed use provisions in the MX -N, MX-C, or MX -D zone districts; and
H. To reduce the amount of required parking spaces when spaces are shared among multiple land uses.
17.82.040 Prohibited planned unit developments.
A planned unit development is prohibited from being used to achieve one or more of the following:
A. To add land uses at are not otherwise permitted in the zone district in which the PUD is located;
B. To increase residential densities beyond the maximum allowed by the General Plan; C. To modify sign standards or provisions in Chapter 17.56; or D. To modify parking and loading standards or provisions in Chapter 17.54, except as stated in Section 17.82.030.
17.82.050 Site area.
A. The minimum site area for a planned unit development shall be five (5) acres, except that there shall be no minimum site area requirements if the site is an infill development site.
B. The site area may be made up of more than one parcel, however all parcels in the site area shall be contiguous.
17.82.060 Findings.
A. Before a planned unit development (PUD) permit can be approved, all of the following findings shall be made by the reviewing authority identified in Chapter 17.70:
1. The location and design of the PUD is in accordance with the purpose of this title;
2. The PUD is being proposed to achieve one or more of the objectives identified in Section
17.82.030;
3. The location and design of the PUD and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare of the community to properties or improvements in the vicinity;
4. The location and design of the PUD will not generate more traffic than the streets in the vicinity can carry without congestion, and will not overload utilities;
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5. That PUD’s population density, site area and dimensions, site coverage, yard spaces, height of structures, distances between structures, off -street parking and off -street loading facilities, landscaped areas and street design will produce an environment of stable an d desirable character consistent with the purpose of this title;
6. The combination of different dwelling types, architectural appearance, and/or varieties of land uses in the development will complement each other and will harmonize with the existing and proposed land uses in the vicinity; and
B. A PUD may be denied if the reviewing authority finds one or more of the findings in this section cannot be made.
17.82.070 Conditions of approval.
The reviewing authority may place conditions of the approval on the planned unit development permit that are needed for the required findings to be made or which promote well-planned neighborhoods, protect the public interests, health, safety, convenience or welfare of the city or that mitigate any impacts to surrounding properties.
17.82.080 Notice of decision.
A notice of decision of a planned unit development permit shall be processed consistent with Chapter 17.70.
17.82.090 Appeals.
Appeals to a decision of the reviewing authority of a planned unit development permit shall be submitted and processed consistent with the procedures in Chapter 17.70.
17.82.100 Life of permits and extensions of time.
The initial life and subsequent extensions of time for a planned unit development use permit shall be per Chapter 17.70, except that when any planned unit development permit that is approved in conjunction with a tentative subdivision map or parcel map pur suant to Title 16 the conditional use permit shall not expire unless the tentative subdivision map or parcel map also expires, and an extension of the tentative subdivision map or parcel shall be deemed to be an extension of the planned unit development permit.
17.82.110 Revocation.
Revocation of an approved planned unit development permit shall be conducted consistent with procedures and notice requirements in Chapter 17.70.
17.82.120 Subsequent permits.
Subsequent development permits associated with a planned unit development permit shall be submitted, reviewed, and processed consistent with Chapter 17.70.
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Chapter 17.84
VARIANCES AND MINOR DEVIATIONS
Sections:
17.84.010 Purposes.
17.84.020 Prohibited variances or minor deviations.
17.84.030 Application procedure.
17.84.040 Minor deviation findings.
17.84.050 Variance findings.
17.84.060 Notice of decision.
17.84.070 Appeals.
17.84.080 Life of permits and extensions of time.
17.84.090 Revocation.
17.84.100 Subsequent permits.
17.84.010 Purposes.
This section allows variances and minor deviations from the development standards of this title when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other physical conditions, the strict application of the standards denies the property owner privileges enjoyed by other proper ty owners in the vicinity and in the same zoning district.
17.84.020 Prohibited variances or minor deviations.
A variance or minor deviation may be granted to waive or modify any development standard of this title except to:
A. Allow a land use not otherwise allowed in the zone district; B. Increase the maximum allowed residential density;
C. Waive a specifically identified prohibition; or
D. Waive or modify a procedural requirement.
17.84.030 Application procedure.
Applications for a variance or minor deviation shall be filed and processed pursuant to the applicable sections of Chapter 17.70.
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17.84.040 Minor deviation findings.
A. Before a minor deviation may be approved, all of the following findings shall be made by the reviewing authority identified in Chapter 17.70:
1. The minor deviation is for the adjustment of an objective development standard;
2. The minor deviation would allow an adjustment to an objective development standard of not more than ten (10) percent.
3. The minor deviation is consistent with the purposes of this title.
4. The minor deviation will be consistent with the General Plan.
B. A minor deviation may be denied if the reviewing authority finds one or more of the findings in this section cannot be made.
C. Any application for a minor deviation that exceeds ten (10) percent of the development standard requirement shall be processed as a variance.
17.84.050 Variance findings.
A. Before a variance may be approved, all of the following findings shall be made by the reviewing authority identified in Chapter 17.70:
1. There are special circumstances applicable to the property, including size, shape, topography, location or surroundings, are such that the strict application deprives such property of privileges enjoyed by other property in the vicinity that are in the same zone district;
2. The variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the vicinity and that are in the same zone district and denied to the property for which the variance is sought;
3. The variance will not be materially detrimental to the public health, safety or welfare, or injurious to the property or improvements in the vicinity and that are in the same zone district in which the property is located;
4. The variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and that are in the same land use district in which such property is located;
5. The variance does not allow a use or activity which is prohibited in the zone district where the property is located; and
6. The variance is consistent with the purposes of this title.
7. The variance will be consistent with the general plan.
B. A variance may be denied if the reviewing authority finds one or more of the findings in this section cannot be made.
17.84.060 Notice of decision.
A notice of decision of a variance or minor deviation shall be processed consistent with Chapter
17.70.
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17.84.070 Appeals.
A. Appeals to a decision of the reviewing authority of a variance or minor deviation shall be submitted and processed consistent with the procedures in Chapter 17.70.
B. When a minor deviation is appealed, the variance findings in Section 17.84.050 shall apply to the appeal of the minor deviation.
17.84.080 Life of permits and extensions of time.
The initial life and subsequent extensions of time for a variance or minor deviation shall be per Chapter 17.70, except that when any variance that is approved in conjunction with a tentative subdivision map or parcel map pursuant to Title 16 the variance or minor deviation shall not expire unless the tentative subdivision map or parcel map also expires, and an extension of the tentative subdivision map or parcel shall be deemed to be an extension of the variance or minor deviation.
17.84.090 Revocation.
Revocation of an approved variance or minor deviation shall be conducted consistent with procedures and notice requirements in Chapter 17.70.
17.84.100 Subsequent permits.
Subsequent development permits associated with a variance or minor deviation shall be submitted, reviewed, and processed consistent with Chapter 17.70.
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Chapter 17.86
ZONING ORDINANCE AMENDMENTS
Sections:
17.86.010 Purpose.
17.86.020 Application Procedure.
17.86.030 Findings.
17.86.040 Notice of decision.
17.86.050 Appeals.
17.86.060 Life of permits and extensions of time.
17.86.070 Revocation.
17.86.080 Subsequent permits.
17.86.010 Purpose.
The purpose of this section is to provide a uniform procedure for amending the text of this title or the boundaries of the Zoning Map prescribed in this title. This title may be amended by changing the boundaries of districts or by changing any other provision thereof by following the procedure set forth in this chapter.
17.86.020 Application Procedure.
A. Applications for amendment to this title shall be filed and processed pursuant to the applicable sections of Chapter 17.70.
B. An amendment or change to the boundaries of a zone district on the Zoning Map (zone change) may only be filed by a property owner or authorized agent of land that is affected by the proposed amendment, or by the City Council or Planning Commission.
C. An amendment or change to the text of this title (text amendment) may only be initiated by the City Council or the Planning Commission. Either authority may initiate such an amendment or change upon a written request by the Community Development Director or upon a written request with application fee by an interested person.
17.86.030 Findings.
A. Before a zone change or text amendment may be approved, all of the following findings shall be made by the reviewing authority identified in Chapter 17.70:
The amendment is internally consistent with the goals, objectives, and policies of the general plan and this title;
The amendment would not be detrimental to the public health, safety, or welfare of the community;
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The amendment would maintain the appropriate balance of land uses within the city; The anticipated land uses on the subject site would be compatible with existing and future surrounding uses;
B. A zone change or text amendment may be denied if the reviewing authority finds one or more of the findings in this section cannot be made.
17.86.040 Notice of decision.
A notice of decision of a zone change or text amendment shall be processed consistent with Chapter 17.70.
17.86.050 Appeals.
The decision of the City Council regarding a zone change or text amendment is final.
17.86.060 Life of permits and extensions of time.
A zone change or text amendment is final upon its effective date and does not expire.
17.86.070 Revocation.
A zo ne change or text amendment may not be revoked, except by filing a new application in accordance with Chapter 17.70.
17.86.080 Subsequent permits.
Subsequent development permits associated with a zone change or text amendment shall be submitted, reviewed, and processed consistent with Chapter 17.70.
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Chapter 17.88
GENERAL PLAN AND SPECIFIC PLAN AMENDMENTS
Sections:
17.88.010 Purpose.
17.88.020 Application process.
17.88.030 Frequency of general plan amendments.
17.88.040 Findings.
17.88.050 Notice of decision.
17.88.060 Appeals.
17.88.070 Life of permits and extensions of time.
17.88.080 Revocation.
17.88.090 Subsequent permits.
17.88.010 Purpose.
The purpose of a general p lan amendment is to allow for modifications to the Hanford General Plan text (e.g., goals, policies, or implementation programs), the General Plan Land Use Map, the General Plan Circulation Map, or other elements of the Hanford General Plan. The purpose of a specific plan amendment is to adopt a new or modify an existing, approved specific plan.
17.88.020 Application process.
A. Applications for a general plan or specific plan amendment shall be filed and processed pursuant to the applicable sections of Chapter 17.70.
B. A general plan amendment affecting the General Plan Land Use Map or other map in the General Plan may be filed by a property owner or authorized agent of land that is aff ected by the proposed amendment.
C. A specific plan amendment may be filed by a property owner or authorized agent of land that is affected by the proposed amendment.
D. A general plan or specific plan amendment may be initiated by the City Council or the Planning Commission. Either authority may initiate such an amendment upon a written request by the Community Development Director or upon a written request with application fee by an interested person.
17.88.030 Frequency of general plan amendments.
Pursuant to Government Code Section 65358, no mandatory element of the General Plan may be amended more frequently than four times during any calendar year. Subject to that limitation, an amendment may be made at any time and may include more than one change to the General Plan.
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17.88.040 Findings.
A. Before a general plan or specific plan amendment may be approved, all of the following findings shall be made by the reviewing authority identified in Chapter 17.70:
1. The amendment is internally consistent with the goals, objectives, and policies of the General Plan;
2. The amendment would not be detrimental to the public health, safety, or welfare of the community;
3. The amendment would maintain the appropriate balance of land uses within the city;
4. The anticipated land uses on the subject site would be compatible with existing and future surrounding uses;
B. A general plan or specific plan amendment shall be denied if the reviewing authority finds one or more of the findings in this section cannot be made.
17.88.050 Notice of decision.
A notice of decision of a general plan or specific plan amendment shall be processed consistent with Chapter 17.70.
17.88.060 Appeals.
The decision of the City Council regarding a general plan or specific plan amendment is final.
17.88.070 Life of permits and extensions of time.
A general plan or specific plan amendment is final upon its effective date and does not expire.
17.88.080 Revocation.
A general plan or specific plan amendment may not be revoked, except by filing a new application in accordance with Chapter 17.70.
17.88.090 Subsequent permits.
Subsequent development permits associated with a general plan or specific plan amendment shall be submitted, reviewed, and processed consistent with Chapter 17.70.
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Chapter 17.90
NONCONFORMING USES, STRUCTURES, AND LOTS
Sections:
17.90.010 Purpose.
17.90.020 Applicability.
17.90.030 Nonconforming uses.
17.90.040 Nonconforming structures.
17.90.050 Nonconforming lots.
17.90.060 Discontinuance of nonconforming uses.
17.90.070 Expansion or reestablishment with conditional use permit.
17.90.080 Restoration of damaged nonconforming structures.
17.90.090 Removal of certain nonconforming uses and structures.
17.90.100 Effect of eminent domain.
17.90.110 Change of Nonconforming Uses.
17.90.010 Purpose.
Within the zones established by this title, there exist uses, structures, and lots which were lawful before this title was adopted or amended, but which would now be prohibited under the terms of this title or its future amendments. It is the intent of thi s title to permit these nonconforming uses structures, and lots to continue until they are terminated, but not to encourage their expansion.
17.90.020 Applicability.
This Chapter applies to uses, structures, and lots that were lawful when they were commenced, constructed, or created, but that do not comply with one or more applicable provisions of this title.
This Chapter does not apply to nonconforming signs, which are instead subject to the requirements of Chapter 17.56.
17.90.030 Nonconforming uses.
A. A use shall be deemed nonconforming if it was lawfully commenced prior to the adoption or amendment of this title, but which now does not conform to the use regulations of this title applicable to uses.
B. A use shall be deemed nonconforming if it was lawfully commenced while under the jurisdiction of Kings County, but which, after annexation of the site into the City, does not conform to the use regulations of this title.
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C. No use shall be deemed nonconforming if it was lawfully commenced and the only provision of this title not being met is the provision of the minimum amount of on -site parking or loading area.
17.90.040 Nonconforming structures.
A. A structure shall be deemed nonconforming if it was lawfully erected prior to the adoption or amendment of this title, but which now does not meet all of the provisions, standards, and requirements of this title applicable to structures.
B. Except as provided in this Chapter, no nonconforming structure shall be moved, altered, or enlarged so as to increase the amount of floor space or increase the difference between actual conditions and required standards regulating coverage, front yards, side yards, rear yards, height of structures, or distances between structures prescribed in the appli cable regulations of this title, unless required by law or unless the moving, alteration or enlargement will result in the compliance of the structure with this title.
C. No structure partially occupied by a nonconforming use shall be moved, altered or enlarged in such a way as to permit the enlargement of the space occupied by the nonconforming use.
D. Routine maintenance and repairs may be performed on a nonconforming structure.
E. No new structure will be allowed if it will contribute to a nonconforming use , except in accordance with Section 17.90.070.
17.90.050 Nonconforming lots.
A. A lot shall be deemed nonconforming if it was legally created in accordance with the State Subdivision Map Act prior to the adoption or amendment of this title, but which, does not meet all of the provisions, standards, and requirements of this title applicable to lots.
B. A nonconforming lot shall not be subdivided, nor its lot lines adjusted, unless the subdivision or lot line adjustment brings the lot into conformance with the provisions, standards, and requirements of this title applicable to lots or reduces the difference between actual conditions and required standards while not creating a new nonconforming use or structure.
C. A nonconforming lot may be used for any use allowed in the zone district in which it is located.
D. A structure conforming to the provisions of this title may be constructed on a nonconforming lot.
17.90.060 Discontinuance of nonconforming uses.
A. Whenever a nonconforming use has been abandoned, discontinued, or changed to a conforming use for a continuous period of six months, the nonconforming use shall not be reestablished, and the use of the structure or site thereafter shall be in conformity wi th the regulations for the zone district in which it is located.
B. An agricultural crop production use that is nonconforming due to annexation or adoption or amendment to this title shall be allowed to continue, provided that the intensity of the agricultural crop production use shall not increase.
C. An animal raising use that is nonconforming due to annexation or adoption or amendment to this title shall be allowed to continue, provided that the intensity of the animal raising use (i.e. type
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and number of animals) shall not change or increase. The provisions for abandonment or discontinuance shall not apply.
17.90.070 Expansion or reestablishment with conditional use permit.
A. A nonconforming use may be expanded by up to ten (10) percent of its existing floor area if a conditional use permit is granted, in accordance with Chapter 17.80. The expansion of a nonconforming use or structure may be allowed only one (1) time per use.
B. A nonconforming use that has been abandoned or discontinued for a period of more than six (6) months, but less than eighteen (18) months, may be reestablished if a conditional use permit is granted, in accordance with Chapter 17.80.
17.90.080 Restoration of damaged nonconforming structures.
A. Whenever a nonconforming structure or a structure used for a nonconforming use is damaged by fire or other calamity to the extent of seventy -five (75) percent or more of its structural mass, or has been voluntarily razed, or is required by law to be razed, the structure may not be restored, except in full compliance the requirements of this title for the zoning district in which it is located and the nonconforming use shall not be resumed.
B. If damage of the nonconforming structure is to an extent less than seventy -five (75) percent of the structural mass, the structure may be rebuilt and reused in its nonconforming status. The percentage of structural mass destroyed shall be determined by the building official.
C. Within one (1) year from the event causing damage, the following may be reconstructed upon the approval of a conditional use permit, in accordance with Chapter 17.80:
1. A nonconforming single - or multi -family residential structure or use when located in a residential zone district.
2. A nonconforming commercial structure or use when located in a commercial or industrial zone district.
17.90.090 Removal of certain nonconforming uses and structures.
A. Upon receipt of a violation, the following shall be removed with thirty (30) days, unless an alternative deadline is specified in the violation notice:
B. A nonconforming use that does not occupy a structure or is using a structure having an assessed valuation of less than one thousand (1,000) dollars shall be discontinued and completely removed or converted to a conforming status.
C. Existing fences, walls and hedges that do not conform to the provisions of this title governing the placement of fences, walls and hedges in relation to street intersections or encroach ment into the public right-of-way, shall be removed or modified to conform to the provisions of this title.
17.90.100 Effect of eminent domain.
A. If the area of the lot is reduced by eminent domain, the provisions for nonconforming lots and structures shall apply, but the provisions for nonconforming uses shall not apply.
B. If a required yard or setback area is reduced or eliminated by eminent domain, any affected building or structure shall be deemed nonconforming; provided, however, such building or
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structure may be structurally altered so long as such alterations comply with all the other requirements of the zoning district.
C. If any required parking space on a lot is reduced or eliminated by eminent domain , the use shall not be deemed nonconforming solely because of lack of required parking spaces.
17.90.110 Change of Nonconforming Uses.
A. A nonconforming use may be changed to another nonconforming use upon approval of a conditional use permit, in accordance with Chapter 17.80.
B. A conditional use permit to change from one nonconforming use to another nonconforming use may only be granted if all of the following findings are made by the approving authority:
1. The proposed use will not alter the character of the zone district in which it is proposed to be located to any greater extent than the existing or preexisting nonconforming use;
2. The proposed use will not create more vehicular traffic than the volume created by the existing or preexisting nonconforming use;
3. The proposed use will not create more odor, dust, dirt, smoke, noise, vibration, illumination, glare, unsightliness or any other objectionable matter than the amount created by the existing or preexisting nonconforming use; and
4. The proposed use will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity.
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Chapter 17.92
REASONABLE ACCOMMODATION
Sections:
17.92.010 Purpose.
17.92.020 Definitions.
17.92.030 Reasonable accommodation request.
17.92.040 Notice to the public of availability of accommodation process.
17.92.050 Requesting reasonable accommodation.
17.92.060 Medical information.
17.92.070 Application requirements.
17.92.080 Jurisdiction.
17.92.090 Findings for reasonable accommodation.
17.92.100 Appeals.
17.92.110 Fee.
17.92.120 Stay of enforcement.
17.92.010 Purpose.
In order to make specific housing available to one or more individuals with disabilities, this chapter implements the policy of the city on requests for reasonable accommodation in its rules, policies, and procedures for persons with disabilities as required by the Fair Housing Act, as amended, 42 U.S.C. Section 3604(f)(3)(B). The policy of t he city is to comply fully with the provisions of the Fair Housing Act.
17.92.020 Definitions.
A. “Fair Housing Act” means The Federal Fair Housing Amendments Act of 1988, as amended.
B. “Applicant” means any person with disabilities or their representative that is requesting a reasonable accommodation pursuant to this chapter.
C. “Department” means the Community Development Department of the City of Hanford.
D. “Dwelling” means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.
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E. “Person with disabilities” means any person who, as defined by applicable federal law, has a physical or mental impairment that limits one or more major life activities or anyone who is regarded as having such impairment; or anyone who has a record of such impairment.
17.92.030 Reasonable accommodation request.
A. Any person with disabilities and eligible under the Fair Housing Act or their representative may request a reasonable accommodation with respect to the various land use or zoning laws, rules, policies, practices and/or procedures of the city as provided by the Fair Housing Act pursuant to the procedures set out in this chapter.
B. Nothing in this chapter requires persons with disabilities or operators of group homes for persons with disabilities acting or operating in accordance with applicable zoning, licensing or land use laws or practices to seek reasonable accommodation under this chapter.
17.92.040 Notice to the public of availability of accommodation process.
The Department shall prominently display a notice at the counter in the Community Development Department and Finance Department advising that persons with disabilities or their representatives may request a reasonable accommodation in accordance with the procedures established in this chapter.
17.92.050 Requesting reasonable accommodation.
A. A request by an applicant for reasonable accommodation relating to land use or zoning rules, policies, practices and/or procedures may be made orally or in writing. The Department will assist the applicant with furnishing the Department all information necessary for processing the reasonable accommodation request, including that information which the Department deems necessary to complete a reasonable accommodation request.
B. The Department will provide the assistance necessary to an applicant in making a request for reasonable accommodation. The Department will provide the assistance necessary to any applicant wishing to appeal a denial of a request for reasonable accommodation to ensure the process is accessible to the applicant. The applicant is entitled to be represented at all stages of the proceedings identified in this chapter by a person designated by the applicant.
17.92.060 Medical information.
A. Should the information provided by the applicant to the Department include medical information or records of the applicant, including records indicating the medical condition, diagnosis or medical history of the applicant, the applicant may, at the time of submitting such medical information, request that the department, to the extent allowed by law, treat such medical information as confidential information of the applicant.
B. Medical Information. The Department shall provide written notice to the applicant of any request received by the Department for disclosure of the medical information or documentation which the applicant has previously requested be treated as confidential by the Department. The Department will cooperate with the applicant, to the extent allowed by law, in actions initiated by the applicant to oppose the disclosure of such medical information or documentation.
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17.92.070 Application requirements.
A. The applicant shall submit a request for reasonable accommodation in a form acceptable to the Department. The application shall include the following information:
1. The applicant’s name, address and telephone number;
2. The address of the property for which the request is being made;
3. The name and address of the property owner, and the owner’s written consent to the application;
4. The current actual use of the property;
5. The basis for the claim that the individual is considered disabled under the fair housing laws:
identification and description of the disability which is the basis for the request for accommodation, including current, written medical certification and d escription of disability and its effects on the person’s medical, physical or mental limitations;
6. The rule, policy, practice and/or procedure of the city for which the request for accommodation is being made, including the zoning code regulation from which reasonable accommodation is being requested;
7. The type of accommodation sought;
8. The reason(s) why the accommodation is reasonable and necessary for the needs of the disabled person(s). Where appropriate, include a summary of any potential means and alternatives considered in evaluating the need for the accommodation;
9. Copies of memoranda, correspondence, pictures, plans or other background information reasonably necessary to reach a decision regarding the need for the accommodation; and B. If the project for which the reasonable accommodation is being requested also requires some other discretionary permit per this title or Title 16 (Subdivisions), then the reasonable accommodation request shall be acted on before proceeding with the publ ic hearing for the discretionary permit applications.
17.92.080 Jurisdiction.
A. The community development director shall have the authority to consider and act on requests for reasonable accommodation. When a request for reasonable accommodation is filed with the department, it will be referred to the director/designee for review a nd consideration. The community development director shall issue a written determination within thirty (30) days of the date of receipt of a completed application and may (1) grant the accommodation request, or (2) deny the request, in accordance with fede ral law. Any such denial shall be in writing and shall state the grounds therefore. All written determinations shall give notice of the right to appeal and the right to request reasonable accommodation in the appeals process. The notice of determination shall be sent to the applicant by certified mail, return receipt requested and by regular mail.
B. Requests for Additional Information. If reasonably necessary to reach a determination on the request for reasonable accommodation, the director/designee may, prior to the end of said thirty (30) day period, request additional information from the applic ant, specifying in detail what information is required. The applicant shall have fifteen (15) days after the date of the request for additional information to provide the requested information. In the event a request for additional
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information is made, the thirty (30) day period to issue a written determination shall be stayed.
The Community Development Director shall issue a written determination within thirty (30) days after receipt of the additional information. If the applicant fails to provide the requested additional information within said fifteen (15) day period, the Community Development Director shall issue a written determination within thirty (30) days after expiration of said fifteen (15) day period.
17.92.090 Findings for reasonable accommodation.
A. A determination on the following findings shall be made before any action is taken to approve or deny a request for reasonable accommodation and must be incorporated into the record relating to such approval or denial:
1. Whether the housing that is the subject of the request for reasonable accommodation will be used by one or more persons with disabilities protected under federal fair housing laws;
2. Whether the accommodation requested may be necessary to afford one or more persons with disabilities equal opportunity to use and enjoy a specific dwelling;
3. Whether the requested accommodation would require a fundamental alteration to the city’s zoning scheme;
4. Whether the requested accommodation would impose undue financial or administrative burdens on the city.
B. A request for a reasonable accommodation shall not be denied for reasons which violate the provisions of the Fair Housing Act. This ordinance does not obligate the city to grant any accommodation request unless required by the provisions of the Fair Hou sing Act or applicable California state law.
17.92.100 Appeals.
A. The applicant may appeal the decision within thirty (30) days of the date the mailing of the decision to the applicant.
B. Appeals shall contain a statement of the grounds for the appeal.
C. If an applicant needs assistance in appealing a decision, the department will provide the assistance necessary to ensure that the appeal process is accessible to the applicant. All applicants are entitled to be represented at all stages of the appeal pr oceeding by a person designated by the applicant.
D. Appeals shall be to the City Council. The Council or its designee shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than thirty (30) days after an appeal has been filed. All determinations on appeal shall address and be based upon the findings identified in Section 17.92.090 and shall be consistent with the Fair Housing Act.
E. An applicant may request reasonable accommodation in the procedure by which an appeal will be conducted.
17.92.110 Fee.
There shall be no fee imposed in connection with a request for reasonable accommodation under the provisions of this chapter or an appeal of the decision. Nothing in this chapter obligates the city to pay an applicant’s attorneys’ fees.
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17.92.120 Stay of enforcement.
While an application for reasonable accommodation or appeal of said application is pending before the city, the city will not enforce the subject zoning ordinance against the applicant.
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Chapter 17.94
ENFORCEMENT
Sections:
17.94.010 Purpose.
17.94.020 Issuance of permits, certificates and licenses.
17.94.030 Code Enforcement Officer defined.
17.94.040 Duties of the Code Enforcement Officer.
17.94.050 Infraction.
17.94.053 Public Nuisance.
17.94.057 Abatement.
17.94.060 Issuance of administrative citation.
17.94.070 Service of administrative citation.
17.94.080 Proof of service of administrative citation.
17.94.090 Abatement work—Extension of time.
17.94.100 Fines assessed.
17.94.110 Appeal of administrative citation.
17.94.120 Performance of abatement – City authority.
17.94.130 Entering property for abatement work.
17.94.140 Dangerous nuisance—Immediate abatement.
17.94.150 Administrative and abatement costs.
17.94.160 Costs of abatement—Record keeping.
17.94.170 Appeal of costs of abatement.
17.94.180 Notice of lien.
17.94.190 Collection of confirmed assessment.
17.94.200 Remedies of private parties.
17.94.210 Alternatives.
17.94.220 Enforcement authority.
17.94.230 Obstruction of enforcement.
17.94.240 Failure to comply.
17.94.010 Purpose.
The purpose of this chapter is to provide uniform provisions for the effective and fair enforcement of the provisions of this title.
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17.94.020 Issuance of permits, certificates and licenses.
A. All officials, departments and employees of the city vested with the authority or duty to issue permits, certificates, or licenses shall comply with the provisions of this title and the rest of the Hanford Municipal Code and shall issue no permit, certificate, or license which conflicts with the provisions of this title. Any permit, certificate, or license issued in error that is in conflict with the provisions of this title shall upon its issuance be void.
B. A business license for any new business or for a new location for any existing business activity shall not be issued until the Community Development Director has determined that conduct of the business activity is not in violation of any provision of this title.
17.94.030 Code Enforcement Officer defined.
The Community Development Director, the City Engineer, the Building Official, and the Fire Marshal or their assigned designee shall be the officials responsible for the enforcement of this title, and are collectively referred to in this chapter as the Code Enforcement Officer.
17.94.040 Duties of the Code Enforcement Officer.
A. In the discharge of their duties, the Code Enforcement Officer shall have the right to enter any real property and any structure, building or other improvement located thereon for purposes of investigation and inspection, so long as the real property, and/or the structures, buildings or improvements thereon are open to the public, otherwise, entry must be with the permission of the owner or the owner’s authorized agent. In the event permission cannot be obtained or is refused, entry shall be accomplished pursuant to an order or judgment of a court.
B. The Code Enforcement Officer, with the consent of the City Manager, may call upon the City Attorney to institute legal proceedings to enforce the provisions of this title, and the City Attorney is authorized to institute appropriate actions for that purpose.
C. The Hanford Police Department is also authorized to enforce the provisions of this title.
17.94.050 Infraction.
Any person or entity violating any provision of this title shall be guilty of an infraction. A person or entity shall be deemed guilty of a separate and distinct offense for each and every day a violation of this title is committed or continues to exist.
17.94.053 Public Nuisance.
Any violation of this title shall constitute a public nuisance.
17.94.057 Abatement.
Whenever the Code Enforcement Officer has inspected and finds that conditions constituting a public nuisance and/or a violation of this title exist, the city may use the procedures set forth in this chapter for the abatement of such nuisance or violation.
17.94.060 Issuance of administrative citation.
The Code Enforcement Officer shall issue an administrative citation, and serve the same in accordance with the provision of Section 17.94.070 on the landowner and the person, if other than the landowner, occupying or otherwise in apparent charge or control of the property. The administrative citation shall contain the following:
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A. The street address and/or assessor’s parcel number and location description sufficient for identification of the property on which the violation and/or public nuisance exists; B. A statement that the Code Enforcement Officer has determined that a violation and/or a public nuisance exists on the property, with a brief description of the conditions that render the property in violation and/or as a public nuisance and identification of the section(s) of the Hanford Municipal Code or other law or regulation violated;
C. A statement to require the violator(s) to obtain all appropriate permits and correct the violation or abate the public nuisance within the time period identified in the administrative citation which time period shall not exceed ten (10) days from the date of service of the administrative citation, unless the City Council or the Code Enforcement Officer identifies an alternative period of time on the administrative citation;
D. A statement advising that the disposal of material removed from the property in order to comply with the administrative citation shall be disposed of in the manner required by law; E. A statement advising that if the required work is not commenced within the time specified, the Code Enforcement Officer may proceed to cause the work to be done, and bill the persons named in the administrative citation for all abatement costs and administrative expenses of the city and/or levy the costs against the property by recordation of a notice of lien in accordance with Section 17.94.180 of this chapter;
F. Amount of fine imposed for the violation(s);
G. Explanation of how the fine shall be paid and the consequences of failure to pay the fine; H. Signature of the Code Enforcement Officer and the signature of the violator if the violator can be located. If the violator refuses or does not sign the administrative citation, the lack of such signature shall in no way affect the validity of the administrative citation and subsequent proceedings;
I. A statement advising the person or persons identified in the administrative citation that they may appeal the issuance of the administrative citation in accordance with Section 17.94.110 of this chapter.
17.94.070 Service of administrative citation.
The administrative citation, and any documents related thereto shall be served by one of the following methods:
A. Personal service; or
B. First Class mail, postage prepaid, to each person identified at the address as it appears on the last equalized assessment roll of the county, or as otherwise known to the Code Enforcement Officer. The address of the property owner shown on the assessment roll shall be conclusively deemed to be the property address for the purpose of service of the administrative citation. Service by mail in the manner described above shall be effective on the date of mailing.
C. The failure of the person with an interest in the property to receive any administrative citation served in accordance with this section shall not affect the validity of any proceedings taken under this chapter. If the owner of record, after diligent se arch cannot be found, the administrative
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citation may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days.
17.94.080 Proof of service of administrative citation.
Proof of service of the administrative citation shall be documented at the time of service by a declaration under penalty of perjury executed by the person effecting service, declaring the date and manner in which service was made. If the administrative ci tation is published, an affidavit of publication shall be obtained from the newspaper publishing the administrative citation.
17.94.090 Abatement work—Extension of time.
Upon receipt of a written request from any person required to comply with the administrative citation, the Code Enforcement Officer may grant an extension of time within which to complete the work or abatement, if the Code Enforcement Officer determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property and if such person has begun and is diligently accomplishing the work or abatement. The Code Enforcement Officer shall have the authority to place reasonable conditions on any such extensions.
17.94.100 Fines assessed.
A. The City Council by resolution shall establish the amount of the fine to be assessed for administrative citations issued by Code Enforcement Officer.
B. If the violator or property owner fails to correct the violation, subsequent administrative citations may be issued for the same violation(s). The amount of the fine shall increase at a rate specified in the City Council resolution.
C. Payment of the fine shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the city.
D. All fines assessed shall be payable to the city.
E. The failure of any person to pay a fine assessed by administrative citation within the time specified on the citation shall result in the assessment of an additional late fee to be charged. The amount of the late fee shall be ten percent of the total amount of the administrative fine owed.
F. The failure of any person to pay a fine assessed by administrative citation within the time specified on the administrative citation constitutes a debt to the city. To enforce that debt, the Code Enforcement Officer may:
1. File a claim with the small claims court;
2. Impose an assessment lien as set forth in Section 17.94.180; or
3. Pursue any other legal remedy to collect such money.
17.94.110 Appeal of administrative citation.
A. Any person receiving an administrative citation may appeal the issuance of the administrative citation to the city manager. The notice of appeal must be submitted on an appeal form provided by the community development director, must specify the basis for the appeal in detail , and must be filed with the community development director within ten (10) days after the date of service of the administrative citation. If the deadline falls on a weekend or city holiday, then the deadl ine shall be extended until the next regular business day. Except as otherwise provided herein, no
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appeal hearing shall be held unless all unpaid fines have been deposited with the city in advance .
Notwithstanding such deposit requirement, the deposit of fines shall be waived if the city manager determines that the appealing party is financially unable to pay such amount. A waiver request must be submitted to the community development director with the person’s request for appeal, along with a sworn declaration and other supporting documents and materials showing the person’s actual financial inability to deposit the fine amount. The appealing party bears the burden of demonstrating financial hardship to the satisfaction of the community development director. If the city manager determines that a waiver is warranted, the deposit will be waived or partially waived.
If the city manager finds that a waiver is not warranted, the appealing party must, within three (3) business days of the party’s receipt of the city manager’s written decision, deposit of the fines for the person’s appeal to be processed.
B. When an appeal is filed, unless the Code Enforcement Officer determines that the violations identified in the administrative citation constitute an immediate threat to the health or safety of any person, the enforcement of the violations identified in the administrative citation shall be stayed until the date that the appeal hearing is held by the City Council.
C. As soon as practicable after receiving the written notice of appeal, the city manager shall fix a date, time, and place for the hearing. Written notice of the date, time , and place for the hearing shall be served at least ten (10) days prior to the date of the hearing to the party appealing the administrative citation by any one of the following means:
1. Personal service; or
2. First class mail and posting the notice of hearing conspicuously on or in front of the property on which the violation is located.
D. The failure of any person with an interest in the property to receive such notice of hearing shall not affect the validity of any proceedings taken under this chapter. Service by mail in the manner described above shall be deemed effective on the date of mailing.
E. Failure of any person to file an appeal in accordance with the provisions of this section shall constitute a failure to exhaust administrative remedies and will be waiver of that person’s rights to administrative determination of the merits of the administrative citation and the amount of the fine.
F. The city council shall designate or appoint a hearing officer, and in no event shall the Code Enforcement Officer, nor any other officer or employee in his or her department, be the hearing officer for appeals occurring under this Chapter 17.94.:
G. Hearing Procedure.
1. Except as otherwise provided herein, no hearing to contest an administrative citation shall be held unless the fine has been deposited with the city in advance.
2. A hearing shall be set for a date that is not less than fifteen (15) days and not more than sixty (60) days from the date that the request for hearing is filed in accordance with the provisions of this chapter.
3. At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerning the administrative citation.
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4. The failure of any recipient of an administrative citation to appear at the appeal hearing shall constitute a forfeiture of the fine and a failure to exhaust his/her/their administrative remedies.
5. The administrative citation and any additional report submitted by the Code Enforcement Officer shall constitute prima facie evidence of the respective facts contained in those documents.
6. The hearing officer may continue the hearing and request additional information from the Code Enforcement Officer or the recipient of the administrative citation prior to issuing a written decision.
H. Hearing Decision.
1. After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold, modify, or cancel the administrative citation and shall list in the decision the reasons for the decision. The decision of the hearing officer shall be final.
2. If the hearing officer determines that the administrative citation should be upheld, then the fine amount on deposit with the city shall be retained by the city.
3. If the hearing officer determines that the administrative citation should be rescinded, then the city shall promptly refund the amount of the deposited fine.
4. If the hearing officer determines that the fine levied under the administrative citation should be adjusted, then the city will promptly refund the amount of the deposited fine that exceeds the amount fixed by the hearing officer or the recipient of the administrative citation will promptly pay to the city an additional amount fixed by the hearing officer if the officer finds that the fine assessed under the administrative citation to be insufficient.
17.94.120 Performance of abatement – City authority.
If the violator and/or property owner fails to comply with the requirements of the administrative citation within the time periods set forth therein, the work to be performed and/or the abatement of the nuisance may, in the discretion of the Code Enforcement Officer, be performed by the city or by a contractor retained by the city.
17.94.130 Entering property for abatement work.
The Code Enforcement Officer or any employee, contractor , or authorized representative of the city may enter upon private property to abate the violation and/or nuisance in accordance with the provisions of this chapter. No person shall obstruct, impede , or interfere with any officer, employee, contractor, or authorized representative of the city whenever such person is engaged in
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the work or abatement, or in performing any necessary act preliminary to or incidental to such work or abatement, as authorized or directed pursuant to this chapter.
17.94.140 Dangerous nuisance—Immediate abatement.
Whenever the Code Enforcement Officer determines that a violation or public nuisance is so imminently dangerous to life or adjacent property that such condition must be immediately corrected or isolated, the Code Enforcement Officer may institute the following procedures:
A. The Code Enforcement Officer shall attempt to make contact through a personal interview, or by telephone, with the landowner or the person, if any, occupying or otherwise in apparent charge or control of the property.
B. In the event contact is made, the Code Enforcement Officer shall notify such person or persons of the danger involved and require that such condition be immediately removed, repaired , or isolated so as to preclude harm to any person or property.
C. In the event the Code Enforcement Officer is unable to make contact as herein above noted, or if the appropriate persons, after notification by the Code Enforcement Officer, do not take action as specified by the Code Enforcement Officer, within twenty-four (24) hours or such lesser time as circumstances may warrant in the discretion of the Code Enforcement Officer, then the Code Enforcement Officer may, with the approval of the city manager, take all steps deemed necessary to repair, remove, or isolate such dangerous condition, or conditions with the use of city forces or a contractor retained by the city.
D. The Code Enforcement Officer shall keep an itemized account of the work and abatement costs and administrative expenses incurred by the city in repairing, removing, or isolating such condition or conditions. Administrative expenses may be recovered in the same manner that work and abatement costs are recovered.
17.94.150 Administrative and abatement costs.
Whenever a violation or public nuisance is found to exist, the actual work and abatement costs and reasonable administrative expenses, as determined by the Code Enforcement Officer, shall be paid by the property owner.
17.94.160 Costs of abatement—Record keeping.
The Code Enforcement Officer shall keep an itemized account of the expenses and costs incurred by the city in the work and abatement of any violation or public nuisance. Upon completion of the work and abatement, the Code Enforcement Officer shall prepare a report specifying the work and abatement performed, the itemized costs of the work on the property, including direct and indirect costs, a description of the property, and the names and addresses of the persons entitled to service per Section 17.94.070. Any such report may include expenses and costs on any number of properties, whether or not contiguous to each other. Each person named in the administrative citation shall be jointly and severally liable for such work and abatement costs and administrative expenses, and the amount of such costs and expenses shall be a debt owed to the city. Such report shall be served upon the persons identified therein in Section 17.94.090, together with a demand that the amount identified therein be paid within thirty (30) days of receipt of the report.
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17.94.170 Appeal of costs of abatement.
The written demand for payment identified in Section 17.94.160 shall advise the person or persons identified in the written demand that they may appeal the demand for payment and the calculation of the amounts identified in the Code Enforcement Officer’s report, within ten (10) days from the date of service of the written demand, which appeal must be made in accordance with the provisions of Section 17.94.120. The appeal shall be conducted in accordance with the provisions of Section 17.94.120.
17.94.180 Notice of lien.
A. If a violator fails to pay a fine within the time period identified on the administrative citation or should the violator fail to pay the costs of abatement within the time period identified in Section
17.94.160 or within ten (10) days after the date of the decision of the hearing officer should the hearing officer affirm the collection of a fine or the costs of abatement, the Code Enforcement Officer may execute and file in the office of the county recorder a notice of lien of substantially the following form:
NOTICE OF LIEN
Pursuant to the authority vested in the Code Enforcement Officer by the city of Hanford Municipal Code, said Code Enforcement Officer, by the provisions of the city of Hanford Municipal Code, and on or about _________________, said Code Enforcement Officer did assess a fine and/or, on or administrative expenses and abatement costs upon that certain real property commonly known as _________________ Hanford, California, and more particularly described in Exhibit “A”, which is attached hereto and made a part hereof (“Real Property”), and neither the same has been paid. The city of Hanford hereby claims a lien on the Real Property for said fine and/or administrative expenses and abatement costs in the amount of $ ______________. This amount shall be a lien upon the Real Property until the sum has been paid in full and discharged of record.
Dated: This _____ day of _____________, 20__.
CODE ENFORCEMENT OFFICER OF THE CITY OF HANFORD
(ACKNOWLEDGMENT)
B. Immediately upon the recording of the notice of lien, the assessment shall constitute a lien on the real property assessed. Such lien shall, for all purposes, be upon a par ity with the lien of state and local taxes.
17.94.190 Collection of confirmed assessment.
A. The notice of lien, after recording, shall be delivered to the tax assessor of Kings County, who shall enter the amount on the county assessment book opposite the description of the real property, and the amount shall be collected together with all other t axes levied thereon against the real property. Alternatively, the unpaid amount may be added to the tax roll instead of recording a notice of lien.
B. Thereafter, the amount set forth in the notice of lien shall be collected at the same time and in the same manner as ordinary county taxes are collected and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of
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county taxes are made applicable to such assessment. The amount set forth in the notice of lien shall be returned to the city to the fund designated for code enforcement activities.
17.94.200 Remedies of private parties.
The provisions of this chapter shall not affect the rights of private parties to pursue any and all legal remedies.
17.94.210 Alternatives.
Nothing in this chapter shall prevent the City Council from requesting the city attorney to commence a civil or criminal proceeding to levy criminal or civil fines or abate a violation and/or a public nuisance as an alternative to the proceedings set forth in this chapter.
17.94.220 Enforcement authority.
Enforcement of this chapter by the city may be accomplished by the Code Enforcement Officer in any manner authorized by law. The procedures set forth in this chapter shall not be exclusive and shall not in any manner limit or restrict the city from enforcing other city ordinances or abating violations and/or public nuisances in any other manner provided by law.
17.94.230 Obstruction of enforcement.
Any person who removes any notice or order posted as required in this chapter without the consent of the city is guilty of an infraction.
Any person who obstructs, impedes or interferes with any representative or contractor of the city or with any person who owns or holds any estate or interest in real property, buildings or premises which has been ordered to be vacated, repaired, rehabilita ted or demolished or brought into compliance with this chapter, when any of the aforementioned individuals are engaged in work involving the abatement, is guilty of an infraction.
17.94.240 Failure to comply.
It is unlawful for a person to violate any provision or to fail to comply with any of the requirements of this chapter. A violation of any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall constitute an inf raction which shall be punishable by fine as established by the resolution of the City Council.
Each such person may be charged with a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person and shall, upon conviction, be punished accordingly.
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Chapter 17.96
DEFINITION OF LAND USES
Sections:
17.96.010 Purpose.
17.96.020 Land use definitions.
17.96.010 Purpose.
The purpose of this chapter is to establish definitions for the identified land uses in this title.
17.96.020 Land use definitions.
The following land use definitions apply to this title. The item number in parenthesis at the end of the definition is not a part of the definition, but refers to the line item of that land use in Table
17.18.020 and Table 17.18.030.
“Accessory building or structure” means a structure which is subordinate to and the use of which is customarily incidental to, that of the main building, structure or use on the same site, including patio covers. If any accessory building is attached to th e main building by a common wall or a connecting roof, such accessory building shall be deemed to be a part of the main building. (41) (A20)
“Accessory use” means a use incidental, related, appropriate and clearly subordinate to the main use of the site or building, and accessory use does not alter the principal use of the site. (41) (A20) Adult day health care center. See Residential care facility. (H13) “Adult entertainment establishment” means any adult bookstore, adult hotel or motel, adult motion picture arcade, adult motion picture theater, cabaret, sexual encounter establishment, adult model studio or any other business or establishment that offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," but not including those uses or activities, the regulation of which is preempted by state or federal law. (I1)
“Agricultural crop production” means the use of land for farming, horticulture, floriculture, viticulture, apiaries, tree and sod farms, animal and poultry husbandry, and accessory activities, including, but not limited to, storage, associated maintenance of equipment, harvesting of crops or feeding of animals and excluding dairying, stockyards, slaughtering or commercial food processing. Pursuant to Health and Safety Code Section 17021.6, any employee housing consisting of no more than thirty -six (36) beds in a group quarters or twelve (12) units or spaces designed for use by a single family or household shall be deemed an agricultural land use for zoning purposes. (D1)
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“Agricultural products packing, packaging, preparing or processing” means a facility performing any processing or packaging of crops after harvest, whether or not value is added, to prepare them for market on-site or for further processing and packaging elsewhere, including but not limited to:
alfalfa and hay cubing; corn shelling; drying of corn, rice, hay, fruits or vegetables; pre -cooling and packaging of fresh or farm -dried fruits and vegetables; grain cleaning and custom grinding; custom grist mills; custom milling of flour, feed and grain; sorting, grading and packing of fruits and vegetables; canning, freezing, or preserving fruits and vegetables; tree nut hulling and shelling; and alcohol fuel production. Any of the above activities performed in the field with mobile equipment not involving permanent buildings are included under “Agricultural crop production.” It includes related accessory uses such as offices, laboratories, retail sales of agricultural products produced on the premises or off-site by the operator, retail sales of agriculture-related promotional and/or educational items, and facility tours. Does not include “wineries,” “commercial marijuana activity,” “commercial cannabis activity,” “marijuana cultivation,” or sorting and packing activities conducted within a permitted roadside stand. (D2) “Airport or heliport” means an area of land, water or a structural surface that is used for the landing and takeoff of airplanes and/or helicopters, and any appurtenant areas or buildings that are used for maintenance, servicing, or storing of aircraft, and for services provided to pilots or passengers. (K1)
“Ambulance service” means the provision by a licensed ambulance provider of ground transportation of a sick or injured person in a specially designed and equipped vehicle which includes a trained ambulance attendant who is licensed or certified as required by state law. (J1) “Animal raising” means the care and breeding of domestic agricultural animals such as chickens and other fowl, horses, goats, or cows. (D3)
Art school. See School, charter, trade, vocational, art, business, or professional. (C13) “Artisan food and beverage production and sales” means small scale production and/or preparation of food and/or beverages made on site with minimal automated processes involved and may include direct sales to consumers and product tasting. This definition includes uses such as small batch food producers and bakeries, small batch candy shops, cheese makers, and herbal remedies.
The definition does not include production of beer, wine, or other alcoholic beverages. (B1) Assembly, place of . See Club, lodge, or private meeting hall (C3) or Religious institution or facility. (C10)
“Assisted living, skilled nursing, or hospice facility” means a residential complex providing skilled nursing care on an intermittent, extended, or continuous basis to residents, with staff personnel and programs to assist residents with many activities of daily living. Units may or may not have kitchens, and meals can also be provided in a central location. (1) (H1) “Athletic complex or ball field” means a field, outdoor court, outdoor swimming pool, stadium or group of these used for sporting activities such as baseball, softball, football, basketball , swimming, or other sports, and is not operated as a commercial enterprise. (G1) “Auction or sales house” means a fully enclosed establishment where items are offered for sale through competitive bidding. It does not include foreclosure, real estate or personal property sales conducted upon the site of the estate, foreclosed or for sale property or property belonging to the
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personal property owner. It does not include “Swap meet or flea market” or “Auction or sales yard.” (I2)
“Auction or sales yard” means an outdoor or open air facility where items are offered for sale through competitive bidding. Items typically include motor vehicles, heavy equipment, items of an industrial nature, livestock, or items not normally found within retail stores. It does not include “Swap meet or flea market.” It may also have an indoor component similar to an Auction or sales house. (I3)
“Auditorium” means a large room or building used for public gatherings typically open to the general public to watch and/or listen to a performance, speech, or concert. It does not include “Theater, live or movie.” (C1)
“Automated teller machine (ATM)” means a computer terminal that takes the place of a human bank teller and allows the user to access basic bank services, such as making deposits and cash withdrawals, from remote locations. (A1)
“Automobile and pick-up sales, new and used” means an open area that can include buildings , other than a street, used for the display, sale , or rental of new and used automobiles and pick-ups along with incidental repairs and servicing of automobiles or pick-ups. (I4) “Automobile and pick -up sales, used only” means an open area or building, other than a street, used for the display, sale or rental of used automobiles and pick -ups and where no repair work is done except minor incidental repairs and servicing of automobiles or pick -ups to be displayed, sold or rented on the premises. (I5)
Automobile service station . See Fuel sales, retail, Motor vehicle repair or service, minor , and Motor vehicle repair service, major. (I16) (J18) (J19) Automobile wrecking yard. See Junk yard, wrecking yard, or salvage facility. (K5) Ball field. See Athletic complex or ball field. (G1)
“Bank or credit union, main branch” means an institution providing retail banking services that is the main branch in the city. This classification includes only those institutions engaged in the on- site circulation of money, including credit unions, but excluding a payday lender or check-cashing establishment. For administration, headquarters, or other offices of banks and credit unions without retail banking services with on-site circulation of money see Office, professional or commercial. (J2)
“Bank or credit union, secondary branch” means an institution providing retail banking services that is a secondary or satellite branch in the city and either does not provide loan officers on site or only provides merchant bank services . This classification includes only those institutions engaged in the on-site circulation of money, including credit unions, but excluding a payday lender or check-cashing establishment. For administration, headquarters, or other offices of banks and credit unions without re tail banking services with on -site circulation of money see Office, professional or commercial. (J3)
“Bar, nightclub, or lounge ” means an establishment that provides alcoholic beverages for consumption on the site and may or may not provide food service, and that may provide live entertainment and/or dancing. This use typically requires an ABC Type 40, 42, 48, 60, or 61 license. (B2)
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“Barbershop, hair salon, nail care, massage therapy, or day spa” means an establishment that provides personal care treatments or massage therapy of hair, skin, nails, and/or face where overnight accommodations are not provided. This use includes the application of permanent facial makeup, but does not include other forms of tattooing or body art application. (J4) “Bed and breakfast inn” means a transient lodging establishment that is predominantly residential in character, is primarily engaged in providing overnight or otherwise temporary lodging for the general public, and where a breakfast meal is customarily included in the lodging rate. Alcoholic beverages served to overnight guests typically requires an ABC Type 67 license. (2) (H2) “Boarding house or rooming house” means a structure where residents typically rent by the room, and where meals are typically provided . This definition does not include assisted living, skilled nursing, or hospice facility, bed and breakfast inn, or residential care facility. (3) (H3) “Boat, recreational vehicle (RV), and truck sales ” means an open area or building, other than a street, used for the display, sale, or rental of new or used boats, campers, camper trailers, recreational vehicles, trucks over one-ton class, and other vehicles or sporting equipment of similar size, and where no repair work is done except minor incidental repairs and servicing of vehicles and equipment to be displayed, sold or rented on the premises. (I6) “Brewery, winery, or distillery” is an establishment that manufactures beer, wine, distilled spirits or similar alcoholic beverages, including processing, storage, aging, packaging, bottling, and shipping. Consumption can occur on or off the site in accordance with the establishment’s ABC license restrictions, and can inclu de tasting facilities and/or a restaurant . This use typically requires an ABC Type 01, 02, 03, or 04 license. (D4)
“Brewpub” means a restaurant that also brews limited amo unts of beer (less than 5,000 barrels) for consumption on the site. This use typically requires an ABC Type 75 license. (B3) “Building materials and supply or home improvement store” means an establishment selling a mix of lumber, building materials, tools, residential appliances, nursery items, and home furnishings . (I7)
“Bus, transit, or train station” means a terminal facility where transit vehicles load or unload passengers, along with supporting services such as ticket sales and waiting areas. Bus, transit, or train station does not include a transit stop along a rout e in the public right -of-way where no additional services are provided. (K2)
Business school. See School, charter, trade, vocational, art, business, or professional. (C13) “Business support service” means an establishment providing primarily other businesses with a mix of services that can include word processing, desktop publishing, spreadsheet design, telephone answering, mail receiving and forwarding, packing and shipping, bookkeeping, and photocopying, and can include indoor storage rental, and/or small office space rental when provided with these services. (E1)
“Call center” means an office used primarily for receiving or transmitting a large volume of requests by telephone to administer product support or information inquiries from consumers or to conduct telemarketing, solicitation of charitable or political donations, debt collection , or market research. (E2)
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“Car wash, automatic or full service” means a facility for washing vehicles using conveyorized and/or mechanized equipment where the washing of the vehicle is performed by equipment, the facility’s employees, or both. (J5)
“Car wash, self-service” means a facility for washing vehicles where the user of the vehicle uses handheld equipment, typically coin-operated, to wash the vehicle. (J6) “Card room” means an establishment providing legal gambling combined with card games, and can include a restaurant, bar, or other ancillary entertainment. (C2) “Caretaker residence or quarters” is a residence that is accessory to a primary use of the site, for housing a persons or persons who are tasked with caring for or securing the site on a part -time or full-time basis. Second dwelling unit includes caretaker residence or quarters in residential zones. (A2)
“Carnival or circus” means a temporary outdoor amusement center, bazaar or fair, either involving use of special purpose equipment or conducted by professional operators, or both, and wh ere activities include such things as rides, exhibitions, food service, sales, or small -scale games.
Carnival or circus does not include a non -profit event sponsored by a local school or religious institution. (C4)
“Carpet cleaning and dyeing” means an establishment that provides for the cleaning and dyeing of rugs, carpet, and upholstery. (J7)
“Cemetery” means land and facilities used or intended to be used for the burial or interment of the dead, and includes a columbarium, crematorium, mausoleum and /or mortuary when operated in conjunction with and within the boundary of the facility. (F1) Charter School. See School, charter, trade, vocational, art, business, or professional. (C13) Check cashing establishment. See Payday lender or checking cashing establishment. (J20) Child care center. See Day care facility. (A4) (F4) (F5) (F6) “Club, lodge, or private meeting hall” means a large room or building used for public gatherings where membership or invitation is typically required to attend. It can include a dance floor, lodge rooms, conference rooms, dining rooms, drinking establishments for members and their guests only, and exhibit rooms. Alcoholic beverage service to members and their guests typically requires an ABC Type 51, 52, or 57 license. (C3)
“Cold storage or ice house ” means a facility for the storage food or other items in an artificially cooled place for the purpose of preservation, and/or for producing large amounts of ice. (K3) “College or university, private or public” means a school or group of schools that provides post - secondary education usually resulting in a degree. (C5) Clinic, medical. See Urgent care center or other walk-in clinic. (E9) “Commercial recreation facility, indoor” means indoor recreational facilities that are operated as a business and open to the general public for an entry fee or pay per use. Examples include indoor uses such as , but are not limited to , a bowling alley, bounce house, skating rink, batting cage, miniature golf, swimming pool, climbing wall, arcade, and similar uses. Food and beverage service can be provided as an ancillary use. (G2)
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“Commercial recreation facility, outdoor” means outdoor recreational facilities that are operated as a business and open to the general public for an entry fee or pay per use. Examples include outdoor uses such as, but are not limited to, a batting cage, miniature golf, water slide, go -cart racing, and similar uses. Food and beverage service can be provided as an ancillary use. (G3) “Communication broadcasting or media studio ” means commercial telecommunications transmission facilities and studios that create broadcasting or media content outside of an office environment, including but not limited to radio, television or Internet broadcasting facilities, audio rehearsal or recording studios, motion picture studios, sound stages, special effects studios, and similar uses. Excludes public utility and wireless communication facilities. (E3)
Communications equipment building. See Electric distribution and transmission substation, gas regulator station, communications equipment building, public service pumping station, or elevated pressure tank. (F7)
“Community center or facility” means an assembly building used typically for non-profit social, recreational, and cultural activities. (F2)
“Community garden” means an area of land managed and maintained by an individual or group to grow and harvest food and horticultural products for personal or group consumption. The garden may be divided into separate garden plots for cultivation by one or more individuals or may be farmed collectively by members of the group. (F3)
“Construction materials recycling ” means a yard or facility that collects leftover construction materials that may be recycled or reused as an alternative to disposal in landfill site. Examples of construction materials include lumber, drywall, masonry, cabinets, metals and appliances, cardboard and paper, asphalt roofing, plastic and vinyl, doors and windows, tubs, sinks, and toilets. (J8)
“Convenience store, with or without fuel sales ” means an establishment with extended operating hours and in a convenient location, stocking a limited range of household goods and groceries.
Retail fuel sales may or may not also be provided. (I8) “Convention or conference center” means facilities designed and used for conventions, conferences, seminars, trade shows, product displays, and other events in which groups gather to promote and share common interests. Convention centers typically have at least one auditorium and may also contain concert halls, lecture halls, meeting rooms, and conference rooms, as well as accessory uses such as facilities for food preparation and serving and administrative offices.
Convention or conference center does not include conference rooms that may be an ancillary use in a hotel and motel. (C6)
“Copy, printing, or mailing service” means an establishment providing printing, photocopying, engraving, binding, packaging, mailing and related services to both businesses and individuals. (J9)
“Cottage Food Operation” means a home -based business involving the preparation and/or packaging of certain foods in private-home kitchens for sale primarily by the resident family. (A3)
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“Crematorium or columbarium” is a structure or building substantially exposed above ground intended to be used for the cremation and /or interment of the cremated remains of a deceased person or animal. (J10)
“Day care facility” means a facility providing supervision, feeding and nonmedical care of persons, usually but not necessarily children, for a time period of less than twenty-four (24) hours. Day care facilities are further divided into the following categories: up to eight (8) persons, nine (9) to fourteen (14) persons, and over fourteen (14) persons. (A4) (F4) (F5) (F6) Day spa. See Barbershop, hair salon, nail care, massage therapy, or day spa. (J4) “Drive-thru pick-up window, not in conjunction with a restaurant” means the ancillary use of a window or other opening in the wall of building through which goods or services are provided directly to customers in motor vehicles. Examples of non -restaurant establishments with this ancillary use can include banks, pharmacies, and dry cleaners. (A5) “Dry cleaning or laundromat” means an establishment providing laundry, dry cleaning, and other related services for individual customers on a pick-up and drop-off basis or where coin-operated washing and drying machines are available for customer use. (J11) Duplex. See Multi-family dwelling. (10) (H9) (H10) (H11) Dwelling, multiple-family. See Multi-family dwelling. (10) (11) (12) (H9) (H10) (H11) Dwelling, single-family. See Single-family dwelling. (16) (17) (H15) (H16) “Electric distribution and transmission substation, gas regulator station, communications equipment building, public service pumping station, or elevated pressure tank" means the assembly of above-ground buildings or equipment on a separate lot that is part of a system for the distribution or transmission of electric power, natural gas, domestic water, or communications. Wireless communication facilities are not included in this definition. (F7) “Electric vehicle charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.. (A6) Elevated pressure tank. See Electric distribution and transmission substation, gas regulator station, communications equipment building, public service pumping station, or elevated pressure tank. (F7)
“Emergency Shelter” means a facility providing housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less where housing is not denied because of an inability to pay. (4) (H4)
“Employee housing” means a residential structure providing accommodations for six (6) or fewer farmworkers pursuant to Health and Safety Code Section 17021.5. (5) (H5) “Equipment rental yard” means an establishment offering a wide variety of large equipment or tools for rent, much of which is stored outdoors when not being used. (J12) “Exterminator or pest control service” means an establishment specializing in the elimination of vermin, insects, or other similar pests from a building or grounds, especially by the controlled application of toxic chemicals. (J13)
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“Fairgrounds” means an area with indoor and outdoor facilities where fairs, circuses, or exhibitions are held. (F8)
“Farmers market” means a facility or area where several farmers or growers gather on a periodic basis to provide fresh fruits, vegetables, or other locally-grown agricultural products directly to consumers. (I10)
“Feed and seed store” means an establishment that provides feed, seed, and animal and agricultural supplies primarily in bulk quantities. (I11)
“Food catering” means an establishment that prepares and delivers food and beverages for off-site consumption, typically at a special event, without provision for on -site pickup or consumption. (J14)
“Food locker” means an establishment that rents lockers, compartments, or space for the storage of frozen food. A food locker may also include the preparation or dressing of animal carcasses for consumption, but does not include the slaughtering of animals. (K4) “Food market” means a n establishment that provides a wide variety of fresh produce and meat, canned and packaged food items, small household goods, and similar items that are typically consumed and used off premises. It can also contain a section where prepared foods are sold and consumed on site. (I12)
“Food produce stand” means an area or building set aside for the sale of agricultural produce that is grown primarily on the site. (I13)
“Fortune telling” means an establishment where people’s fortunes are predicted through the use of astrology, card reading, numerology, etc. (J15)
“Fuel distributing” means a facility that is a base of operations for the bulk distribution of gasoline, propane, butane, or other another site. (J16)
“Fuel sales, fleet or cardlock” means an establishment that is typically unattended and provides gasoline, propane, diesel fuel, and/or other liquid or gaseous fuels mainly for commercial fleet vehicles. (I14)
“Fuel sales, retail” means an establishment that provides gasoline, propane, diesel fuel, and/or other liquid or gaseous fuels directly to consumers. (I15) “Funeral home or mortuary” means an establishment where deceased are prepared for burial or cremation, and funeral services may be conducted. It can include an area where funeral vehicles are stored and caskets and other funeral supplies are sold. (C7) “Furniture store” means an establishment that provides large and small furniture for living spaces such as homes and offices. Items sold normally include beds, tables, chairs, sofas, desks, and shelves. Home appliances, outdoor/patio furniture, wall cabinets, garage storage units, and home furnishing accessories are items sold that are excluded from the definition of furniture store. (I16, I17, I18)
“Games of skill or amusement ” means machines, devices or apparatus, the operation or use of which is made possible by the deposit or placement of any currency, plate, disc, slug or key into any slot or crevice, for the purpose or use as a game or amusement . This use does not include games, machines, or devices used for a purpose that is prohibited by law. (A8) (A9)
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“Garden shop” means an establishment that provides live plants and related products mainly to residential consumers, with a portion of the establishment typically located outdoors. (I19) Gas regulator station. See Electric distribution and transmission substation, gas regulator station, communications equipment building, public service pumping station, or elevated pressure tank. (F7)
Gas station. See Fuel sales, retail. (I15)
“Golf course or country club” means one or more golf courses, with accessory facilities and uses that can include clubhouses with bar and restaurant, locker and shower facilities; driving ranges; "pro shops" for onsite sales of golfing equipment; and golf cart storage and sales facilities. (G4) “Government office; local, state, or federal ” means a facility owned or operated by a local, state, or federal government that provides services to the public such as employment assistance, public assistance, motor vehicle registration and licensing services and similar activities commonly accustomed to having sizeable assemblages of people waiting for service, whether pedestrian or vehicular. This use does not include a government-owned facility that is more specifically defined in this chapter, such as fairgrounds, cemetery, post office, or public safety facility. (F9) “Guest house” means living quarters without a kitchen, located on the same premises with a main residence. (34)
Hair salon. See Barbershop, hair salon, nail care, massage therapy, or day spa. (J4) “Hazardous waste facility” means all contiguous land and structures, other appurtenances and improvements on the land used for the treatment, transfer, storage, resource recovery, disposal or recycling of hazardous waste, and may consist of one or more treatment, transfer, storage, resource recovery, disposal or recycling hazardous waste management units, or combinations of these units. (See Health and Safety Code Section 25117.1.) (D5)
“Health or fitness facility, large” means a fitness center, gymnasium, health club or athletic club that typically charges a membership fee and includes any of the following: indoor sauna, spa or hot tub facilities; a swimming pool, or a tennis, basketball or handball court. (G5) “Health or Fitness Facility, small” means a fitness center, health club or athletic club that typically charges a membership fee and does not include any of the following: indoor sauna, spa or hot tub facilities; a swimming pool, or a tennis, basketball or handball court. (G6) Heliport. See Airport or heliport. (K1)
“Home occupation” means a commercial business activity conducted as an accessory use within a residence. (A10)
“Hospital, general or psychiatric” means a facility that provides medical, psychiatric, or surgical service for sick or injured persons, primarily on an in -patient basis, and including ancillary facilities for out -patient and emergency treatment, diagnostic services, training, research, administration and services to patients, employees, or visitors. (E5) “Hotel or motel” means a building or group of buildings in one complex consisting of multiple guest rooms intended or designed to be occupied on a temporary basis, and typically providing ancillary services such as a restaurant, lounge, pool or exercise room, meeting rooms, and/or other
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personal services. Alcoholic beverages served to overnight guests outside of a restaurant or bar/lounge typically requires an ABC Type 70 license. (6) (H6) “Industrial or manufacturing facility, General” means a facility that m anufactures products from extracted or raw materials or recycled or secondary materials, or the bulk storage and handling of such products and materials. This use includes operations such as biomass energy conversion; production apparel manufacturing; photographic processing plants; leather and allied product manufacturing; wood product manufacturing; paper manufacturing; chemical manufacturing; plastics and rubber products manufacturing; nonmetallic mineral product manufacturing; primary metal manufacturing; fabricated metal product manufacturing; and automotive and heavy equipment manufacturing. This use does not include Agricultural products processing. (D6) “Industrial or manufacturing facility, intensive ” means a facility that regularly uses hazardous chemicals or procedures or produce hazardous by products, including the following:
manufacturing of acetylene, cement, lime, gypsum or plaster -of-Paris, chlorine, corrosive acid or fertilizer, insecticides, disinfectants, poisons, explosives, paint, lacquer, varnish, petroleum products, coal products, plastic and synthetic resins, and radioactive materials. This subcategory also includes biomass energy conversion, chemical manufacturing, animal food manufactu ring, petrochemical tank farms, gasification plants, smelting, animal slaughtering, oil refining, asphalt and concrete plants, and tanneries. Intensive industrial uses have high potential for external impacts on the surrounding area in terms of noise, vibration, odor, hours of operation, or traffic. “Industrial or manufacturing facility, limited” means a facility that m anufactures products from previously prepared materials completely within an enclosed building, and that produces minimal impacts on nearby properties. This use includes the manufacturing of finished parts or products primarily from previously prepared materials; commercial laundries and dry cleaning plants; monument works; printing, engraving, and publishing; machine and electrical shops; computer and electronic product manufacturing; furniture and related product manufacturing; and industrial services. The use also includes the preparation and/or packaging of food for off-site consumption. (D7)
“Junkyard, wrecking yard, or salvage facility ” means a facility that accepts, collects, and stores junk, scrap, or salvable material, including junk metals or other scrap materials, and/or that stores, dismantles, wrecks, or allows parts removal of more than three (3) non -operating automobiles, other vehicles, or machinery for a period of more than thirty (30) days. (K5) “Keeping of household pets” means the keeping, raising, and caring for domesticated animals that are not considered domestic agricultural animals by the definition of Animal raising, and typically including dogs, cats, birds, fish or other similar sized animals. Also, see Animal raising. (A11) “Kennel or animal boarding ” means any facility where four or more dogs, cats, or other small animals are kept overnight for profit, breeding, care, or exhibiting. This use does not include a pet store. (J17)
“Laboratory, general , medical, or dental ” means a facility that conducts scientific or medical experiments, research, or teaching, typically within a completely enclosed building. (E4) “Landscape nursery” means a facility that grows, maintains, and provides trees, plants, and other nursery products for transplant in another location typically to both retailer and wholesale customers. (I20)
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“Library, museum, or cultural facility” means a facility operated entirely on a public or nonprofit basis for the purpose of providing education, information, training, and/or entertainment of a civic or cultural nature. (C8)
“Linen, diaper or uniform supply service” means an establishment providing high volume laundry and garment services, including power laundries (family and commercial) , garment pressing and dry cleaning, linen supply, diaper service, and industrial laundries. This use does not include dry cleaning or laundromat. (J18)
“Liquor store” means an establishment that provides for the sale of alcoholic beverages such as beer, wine, and/or distilled spirits for consumption off the site, along with other retail items. This use typically requires an ABC Type 20 or 21 license. Limited consumption on the site can occur only when the appropriate ABC license is obtained, typically an ABC Type 86 license. (I21) “Live/Work facility” means a building that combines a complete dwelling unit with a commercial or office work space, with both occupancies used by the same person or family. (H7) Lodge. See Club, lodge, or private meeting hall (C3)
Lounge. See Bar, nightclub, or lounge. (B2)
Lumberyard. See Building materials and supply or home improvement store. (I7) “Manufactured home” means a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight (8) body feet or more in width, or forty (40) body feet or more in length, in the traveling mode, or, when erected on site, is three hundred twenty (320) or more square feet, and is designed to be used as a single-family dwelling when connected to the required utilities. (7)
“Manufactured home sales yard” means an establishment that stores and provides manufactured homes, typically in an open setting with a sales office. (I22) Massage therapy. See Barbershop, hair salon, nail care, massage therapy, or day spa. (J4) “Meat packing or slaughterhouse” means a facility used for the killing or dressing of animals, including cattle, sheep, swine, goats, horses, or poultry, and the storage, freezing, curing, or packaging of meat or meat products. (D8)
“Marijuana cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana. (A13)
“Marijuana dispensary or sales” means a facility that provides marijuana or marijuana products to a customer or patient. (I23)
“Marijuana manufacture , transportation, distribution or lab testing " means a facility that compounds, blend s, extract s, infuse s, or otherwise make s or prepare s a marijuana product ; transports, distributes or test marijuana. (D8)
“Meat packing or slaughterhouse” means a facility that slaughters animals and/or packages animal meat for food. (D9)
“Microbrewery” means an establishment that produces small batches of beer for sale on or off of the site, and may or may not include food service. Typically, a microbrewery produces fewer than
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fifteen thousand (15,000) barrels of beer or ale per year. This use typically requires an ABC Type 23 license. (B4)
“Mining, quarry, or sand and gravel excavation” means an area of land where rock, ore, stone and similar materials are excavated and processed for sale for use off-site. (D10) “Mini-warehouse or self-storage facility” means an establishment providing rental space, such as rooms, lockers, or containers for the storage of goods and materials, typically on a monthly basis.
This use does not include Food locker or Warehouse or distribution center. (56) (K6) “Mobilehome” means a structure that was constructed prior to June 15, 1976, is transportable in one or more sections, is eight (8) body feet or more in width, or forty (40) body feet or more in length, in the traveling mode, or, when erected on site, is three hundred (320) or more square feet, and is designed to be used as a single-family dwelling when connected to the required utilities. (8) “Mobilehome park” means an area of land where two or more mobilehome sites are rented or leased, or offered for rent or lease, to accommodate mobilehomes or manufactured homes used as a residence. (9) (H8)
“Mobile vending or food truck” means a motorized vehicle that periodically parks to provide food or foodstuffs to customers. (A14)
Motel. See Hotel or motel. (H6)
“Motor vehicle repair or service, major ” means an establishment that provides major repair or servicing of motor vehicles, such as body, chassis, engine, transmission, or exhaust repair or modification. (J19)
“Motor vehicle repair or service, minor ” means an establishment that provides minor repair or servicing of motor vehicles, such as the replacement of tires or batteries, smog inspection, oil and filter change, wheel alignment, and fluid flushing, refill, or replacement. (J20) “Multi-family dwelling” means a building or group of buildings in one complex with multiple separate housing units. A multi -family dwelling can have two units (a duplex,) three units (a triplex,) four units (a fourplex,) or five or more units. Multi-family dwelling includes a mixed use building that also provides separate space for commercial or office use, but does not include an attached single-family dwelling. (10) (11) (12) (H9) (H10 (H11) Nail care. See Barbershop, hair salon, nail care, massage therapy, or day spa. (J4) “News, magazine, or flower stand, outdoor” means an establishment that provides newspapers, magazines, flowers, or other similar goods, typically to pedestrians passing by, in a permanent structure open to the outdoors. This use does not include sales from temporary booths or structures. (I24)
Nightclub. See Bar, nightclub, or lounge. (B2)
“Office; medical, dental, or optometry” means an establishment that provides services, typically by appointment, dealing with human health including dental, chiropractic, medical, optometry, physical therapy, psychology, psychiatry, family counseling, or therapy. This use does not include Barbershop, hair salon, nail care, massage therapy, or day spa. (E6) “Offices, professional or c ommercial” means an establishment that provides administrative, clerical, technical, professional or similar business services and typically where products or goods
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are not provided. Examples include escrow and title, insurance, mortgage, real estate, accounting, architecture, graphic design, finance, consulting, engineering, legal, and similar services. (E7) “Optical retailer” means an establishment that provides prescription eyeglasses and contact lenses, and where optometry services are not provided on the site. Prescription eyeglasses and contact lenses may be made on the premises. (I25)
“Outdoor advertising structure” means a structure of any kind or character, erected or maintained for outdoor advertising purposes, upon which a sign may be placed that advertises a use, product, or service that is not provided off-site. (A15)
“Outdoor storage” means the storage of goods or materials outside of any building or structure, but not including storage of a temporary or emergency nature. (A16) “Park or playground” means an open area typically landscaped and containing play equipment that provides rest and recreation, usually owned by a public agency or homeowner’s association. (57) (G7)
“Parking facility, off-site” means an area , lot, or structure with one or more levels , other than a street or other public right-of-way, that provides for the parking of motor vehicles as a primary use on the site . This use does not include parking areas or lots that are ancillary and specifically intended to provide parking for the primary use on the site. (K7) “Pawn shop” means an establishment that provides secured loans to customers, with items of personal property used as collateral. (I26)
“Payday lender or check cashing establishment” is an establishment that cashes checks, warrants, or money orders for a fee, and/or provides short term loans, usually at a high interest rate, that must be paid in full when the borrower receives their next pay check. This use does not include Bank or credit union. (J21)
“Pet grooming” is a personal service establishment that, for a fee, trims, cleans or curries domestic pets such as dogs and cats and which may sell pet supplies. This use does not include Kennel or animal boarding. (J22)
“Pet store” means an establishment where dogs, cats, or other small animals are kept and offered for sale. (I27)
“Pharmacy” means an establishment that provides prescription drugs under the supervision of a pharmacist, and can also provide other retail products. (E8) “Photography studio” means an establishment where customers can have their portraits taken professionally. (J23)
“Pool hall or billiard parlor” means an establishment where pool and/or billiard games are played for a fee. (C9)
“Post office” means a facility that accepts, processes, and sorts mail, operated by the United States Postal Service. (F10)
Private meeting hall. See Club, lodge, or private meeting hall (C3) Professional school. See School, charter, trade, vocational, art, business, or professional. (C12) Produce stand. See Food produce stand. (I13)
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“Public corporation yard, utility yard, or vehicle and heavy equipment maintenance and storage yard” means a facility that provides for maintenance, servicing, or storage of fleet vehicles, equipment, or supplies, or for the dispatching of service vehicles ; or distribution of supplies or construction materials required in connection with a business activity, public utility service, transportation service, government service, or similar activity. (F11) “Public safety facility or station ” means a facility that is a base for providing public safety and emergency services, including police, fire protection and emergency services. This use does not include Ambulance service. (F12)
Public service pumping station. See Electric distribution and transmission substation, gas regulator station, communications equipment building, public service pumping station, or elevated pressure tank. (F7)
“Recreational vehicle park” means a lot or area of land where two or more spaces are rented to users of recreational vehicles for overnight parking and use , and that typically provide support services, such as utility hookups and sewer dump facilities. (13) (H12) “Recycling, large collection facility” means a facility located in an area of over five hundred (500) square feet that accepts recyclable materials from the public by donation, redemption, or purchase for temporary storage and transport to a processing and sorting facility. (J25) “Recycling, processing or sorting facility” means a facility used for the collection, processing and preparation of recyclable material for efficient shipment, or to an end-user's specifications, by such means as bailing, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. (J26)
“Recycling, small collection facility” means facility located in an area of not more than five hundred (500) square feet that provides for the redemption of California CRV redeemable beverage containers by means of a kiosk, container, mobile unit, reverse vending machine or other collection method. (J24)
“Religious institution or facility” means a facility used primarily to gather for religious worship and related religious activities. (58) (C10)
“Repair shop, large appliance or equipment” means an establishment that restores or repairs major appliances or equipment that generally cannot be easily moved by a single person and is typically placed on the floor. This use typically provides all of its service on -site, and includes repair of large motorized equipment that are not vehicles. (J27) “Repair shop, small appliance or equipment” means an establishment that restores or repairs small appliances or equipment that generally can be moved by one person and is typically repaired on a table or work bench. This use typically provides all of its service on -site, and includes services such as gunsmithing, lawnmower repair, and home computer repair. (J28) “Research and development facility” means a facility that is primarily used for the research, design, development, and testing of biological, chemical, electrical, magnetic, mechanical, and/or optical components in advance of product manufacturing. This use does not involve the fabrication, mass manufacture, or processing of products. (D11)
“Residential care facility” means a single-family dwelling, group care facility, or similar facility licensed by the State of California for twenty-four (24) hour non-medical care of persons in need
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of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual; employees shall not be counted toward the total number of persons allowed. (14) (15) (H13)
“Residential dwelling located in the same building with office or commercial use” means a building that contains a mix of both residential dwelling units and space used for commercial or office uses. (H14)
“Restaurant, full service” means a n establishment providing preparation and sale of a variety of food and beverages with full table service by wait staff. Takeout or delivery service and/or live entertainment may also be provided. If alcoholic beverages are served, this use typically requires an ABC Type 41 or 47 license. (B5)
“Restaurant, limited service with drive-thru pickup window ” means an establishment providing preparation and sale of a variety of food and beverages for consumption on or off the site by ordering and paying at a counter or drive-thru window. Delivery service and/or live entertainment may also be provided. (B6)
“Restaurant, limited service without drive-thru pickup window” means an establishment providing preparation and sale of a variety of food and beverages by ordering and paying at a counter .
Takeout or delivery service and/or live entertainment may also be provided. Drive -thru pickup windows are not provided. If alcoholic beverages are served, this use typically requires an ABC Type 41 or 47 license. (B7)
“Retail sales store” means an establishment providing retail products. This use includes all retail sales establishments that are not more specifically defined in this chapter. (I28) “Retail sales solely via internet, direct mail, or telephone” means an establishment providing retail products for sale and delivery only via internet, direct mail, or telephone communication, with a floor space for storage of products of less than five thousand (5,000) square feet. This use does not include a Call center or a Warehouse or distribution center. If alcoholic beverages are sold, this use typically requires an ABC Type 85 license. (I29) Rooming house. See Boarding house or rooming house. (3) (H3) “School, private (kindergarten to 12th grade)” means a facility owned and/or operated by a private entity that educates minors in courses of study required by the California Education Code. This use includes a kindergarten, elementary school, middle school, high school, special institution of education, or combination of these, and includes a technical, vocational, or art school only when the students are primarily minors. This use does not include home schooling at a residence. (59) (C11)
“School, public (kindergarten to 12th grade)” means a facility owned and/or operated by a publicly funded school district that educates minors in courses of study required by the California Education Code. This use includes a kindergarten, elementary school, middle school, high school, special institution of education, or combination of these, and includes a technical, vocational, or art school only when the students are primarily minors. This use does no t include a charter school . (60) (C12)
"School; charter, trade, vocational, business , or professional” means a facility that is operated either with public funds under a charter contract or with private funds, and that offers specific
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educational instruction to children and/or adults. This use includes charter schools, secretarial schools, beauty and cosmetology schools, modeling schools, language schools, computer or electronics training schools, arts schools, and automotive repair schools, and similar specialized schools. (C13)
Scrap metal processing. See Junk yard, wrecking yard, or salvage yard. (K5) “Secondhand or thrift store” means an establishment that accepts donations of secondhand items and clothing, and is typically operated for charitable purposes. (I30) Service station. See Fuel sales, retail, and Motor vehicle repair or service, minor. (I15) (J19) “Shooting range, indoor” means an establishment that is used for archery or firearms practice in a fully-enclosed facility. (J29)
“Shooting range, outdoor” means an establishment that is used for archery or firearms practice, either wholly or partially outdoors. (J30)
“Single-family dwelling, attached” means a building with two residential dwelling units located on portions of two lots with a building firewall along the lot line, such that the dwelling units may be sold separately. (16) (H15)
Single-family dwelling, detached” means a building with one residential dwelling unit located on one lot. (17) (H16)
“Single-room occupancy (SRO)” means a residential facility of two or more separate individual rooms with typically less than five hundred ( 500) square feet of floor space , with or without separate kitchen or bathroom facilities for each room, rented on a weekly or monthly basis. Single- room occupancy does not include Hotel or motel. (18) (H17) “Social service office, assistance center, or guidance center” means a facility that provides counseling, guidance, recuperative, or similar services for persons requiring rehabilitation assistance as a result of economic hardship, mental disability, alcoholism, detention, drug addiction, or similar conditions . This use does not include facilities that provide overnight stay. (F13)
“Specialty construction or trade service” means a n establishment that provides construction, installation or maintenance services activities that are typically specialized trade activities, and where some of the service may be provided off-site. This use includes establishments that provide services such as plumbing, electrical work, painting, irrigation, heating/air conditioning, and masonry. This use does not include Repair shop or Motor vehicle repair or service. (J31) “Storm drainage basin, with or without a park” means a facility that collects storm water from off- site locations into a sunken basin. The facility may be inaccessible to the public, or may be designed to provide partial public access for recreational use. (61) (F14) “Studio for martial arts, music, dance, yoga, exercise, gymnastics or similar” means a facility that provides group or individualized instruction in a specific activity typically related to the arts. This use does not include Health or fitness facility. (C14) “Supportive housing” is defined in Section 50675.14 of the Health & Safety Code and has no limit on the length of stay, is linked to onsite or offsite services, and is occupied by a target population as defined in Health & Safety Code Section 53260 (i.e., low income persons with mental
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disabilities, AIDS, substance abuse or chronic health conditions or persons whose disabilities originated before the person turned 18). Services typically include assistance designed to meet the needs of the target population in retaining housing, living and working in the community, and/or improving health and may include case management, mental health treatment, and life skills. (19) (H18)
“Swap meet or flea market ” means a facility that provides typically compartmentalized space, either indoors or outdoors, to vendors who sells or barter merchandise. This use does not include ‘Farmers market,’ ‘Auction or sales house,’ or ‘Auction or sales yard.’ (I31) “Tailoring or clothing alterations” means an establishment that provides custom making or altering of clothing when not an ancillary use in a clothing store. (J32) “Tattooing or body art” means an establishment that provides tattooing, body piercing, and other forms of body art allowed by the California Health and Safety Code, except that body art involving ear piercing and permanent cosmetic application are not included and are considered ancillary uses in other establishments. This use does not include any use that is more specifically defined in Section 17.62.020. (J33)
“Temporary materials or equipment storage yard” means a facility that is used to store, park, house, or prepare equipment, dirt, materials, or temporary offices or shops to support a construction or demolition activity occurring on another site. (A17)
“Temporary sales office” means a facility that provides temporary office space to support the sale of residences or other structures, and can include related parking. (A18) “Theater, live or movie” means a facility with an auditorium for viewing movies, plays, acts, or other performances. (C15)
“Tobacco or smoke shop” means an establishment that provides tobacco products or tobacco related paraphernalia in an area greater than forty (40) percent of its total available retail floor space. (I32)
Trade school. See School, charter, trade, vocational, art, business, or professional. (C13) Transit station. See Bus, transit, or train station. (K2) Travel center. See Truck stop or Travel center. (K7)
“Transitional housing” means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time , which shall be no less than six months. (20) (H19)
“Truck stop or travel center” means an establishment or group of establishments designed to operate together that provide fuel, overnight parking, lodging, food, convenience goods, or other services primarily to truckers and travelers. (K8)
“Trucking or transportation terminal” means a facility designed specifically for large trucks or other vehicles to load, unload, or transfer freight, cargo containers, or other items being shipped, along with associated fueling areas, maintenance facilities, and offices. (K9) “Urgent care center or other walk -in clinic” means a facility that provides medical treatment of injuries or illnesses that do not require treatment typically provided in an emergency room ,
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typically without an appointment . This use includes urgent care centers, free clinics, hospital- based health clinics, and community health clinics, but does not include ancillary retail clinics located within a retail store, food market, or pharmacy. (E9) “Vehicle impound yard” means a facility that provides temporary storage of vehicles that have been removed or impounded from public or private property at the direction of a peace officer or because of local ordinance or judicial order. (K10)
“Vending machines” means a device that dispenses a product or service upon activation by the receiver of that product or service. Products can include items such as ice, food and beverages, movies and video games, lottery tickets, newspapers, or similar items, but does not include fueling pumps. (A19)
“Veterinary clinic or office” means a facility where animals are examined, diagnosed, or treated, but typically not kept overnight. (J34)
“Veterinary hospital ” means a facility where animals are kept for observation, diagnosis, treatment, or medical care, and can include overnight surveillance. (J35) Vocational school. See School, charter, trade, vocational, art, business, or professional. (C13) “Warehouse or distribution center" means a facility for storage of goods or materials that will eventually be redistributed to retailers, wholesalers, or directly to consumers. This use does not include Mini-warehouse or self-storage facility. (K11) Winery. See Brewery or winery. (D4)
“Wireless Communication Facility” means an unstaffed facility that transmits and rece ives wireless telecommunications, and typically consists of an antenna array, connection cables, and equipment room, and an antenna support structure tower, or pole. (F15)
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Chapter 17.98
DEFINITION OF TERMS
Sections:
17.98.010 Applicability
17.98.020 Definition of terms.
17.98.010 Applicability
The terms, words, and phrases defined in this chapter shall apply to this title.
17.98.020 Definition of terms.
“Abutting” means two (2) or more parcels sharing a common boundary at least at one point. “Abandoned” means failure to develop, maintain or use a building, structure or improvement or failure to conduct a use upon real property for a stated period of time. “Access” means safe, adequate and usable ingress or egress to real property, structures or improvements.
“Action” means the decision made by the reviewing authority on a land use application, including appropriate findings, environmental determination and conditions of approval, where applicable. “Addition” means any construction which increases the size of a building or facility in terms of site coverage, height, length, width, or gross floor area. “Alley” is a public thoroughfare for the use of pedestrians and/or vehicles, producing only a secondary means of access to the abutting property.
“Alteration” means any construction or physical change in the internal arrangement of rooms or the supporting members of a building or structure or change in the appearance of any building or structure.
“Antenna” means a device for transmitting or receiving radio, television or any other transmitted signal.
“Applicant” means owner(s) of property, or their agent(s) who are seeking privileges provided by this title.
“Attached” means any structure that has a wall or roof in common with another structure. “Basement” means a portion of building partly or wholly underground and having more than one- half (1/2) of its height below the average level of the adjoining ground. “Berm” means a mound or embankment of earth.
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“Block” means a parcel of land surrounded by public streets, highways, freeways, railroad rights- of-way, flood control channels, creeks, washes, rivers or unsubdivided acreage or any combination thereof.
“Building” means a permanently located structure, having a roof, for the housing or enclosure of persons, possessions, or property of any kind. Mobile homes, travel trailers and other vehicles, even though permanently immobilized, shall not be deemed to be buildings. “Building area” means the net portion of the lot remaining after deducting all required setbacks from the gross area of the lot.
“Building coverage” means the percent of lot area which may be covered by roof covered buildings, structures or improvements located on a lot. “Building height” means the vertical distance between the average finished ground surface adjacent to the structure and to the highest point of the structure, excluding architectural features and appurtenances such as, but not limited to, chimneys, vents, antennas, elevators, and similar mechanical equipment.
“Building, main” means a building in which the principal use of the real property is conducted. “Building setback area, front” means an area extending across the full width of the lot between the front lot line or the existing or future street right -of-way and a structural setback line parallel thereto. On corner lots, the shortest street frontage shall be the front building setback area. “Building setback area , interior side” means an area extending from the required front building setback area or, where there is no required front building setback area, from the front lot line to the required rear building setback area or, where there is no required rear building setback area, to the rear lot line and from the interior side lot line to a setback line parallel thereto. “Building setback area, rear” means an area extending across the full width of the lot between the rear lot line and a setback line parallel thereto.
“Building setback area , side” means a building setback area between the side lot line and a line parallel thereto and extending from the front building setback area to the rear building setback area.
“Building setback area , street s ide” means an area extending from the required front building setback area or, where there is no required front building setback area, from the front lot line to the rear lot line, and from the side street lot line, or the existing or future side street right -of-way (whichever is greater) to a structural setback line parallel thereto. “Building site” means the ground area of a building together with all open spaces required by this title.
“Carport” means a permanent roofed structure not completely enclosed to be used for vehicle parking.
“City” means the City of Hanford.
“Commercial vehicle” means a vehicle customarily used a part of a business for the transportation of goods or people.
“Commission” means the Planning Commission of the City of Hanford.
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“Conditional use” means a use that may locate within a zone only upon taking measures to address issues that may make the use detrimental to the public health, safety and welfare and will not impair the integrity and character of the zoned district. “Conditional use permit (CUP)” means a discretionary entitlement which may be granted under the provisions of this title and which when granted authorizes a specific use to be made of a specific property, subject to compliance with all terms and conditions imposed on the entitlement. “Construction commencement” means the start of construction of a substantial portion on-site and off-site structural improvements after a building permit has been issued. “Council” means the City Council of the City of Hanford. “County” means the County of Kings.
“Court” means an open, unoccupied space, other than a yard, unobstructed from ground to sky on the same lot with a building or buildings and which is bounded on two or more sides by the walls of a building.
“Days” means consecutive calendar days unless otherwise stated. “Decibel (dB / dBA)” is a unit for describing the amplitude of sound, as it is heard by the human ear.
“Density” means the number of dwelling units per gross acre, unless otherwise stated, for residential uses.
“Density Bonus” means an increase in the allowable number of residences granted by the city or county in return for the project’s providing low - or moderate -income housing. A housing development that provides 20 percent of its units for lower -income households, ten percent of its units for very-low income households, or 50 percent of its units for seniors is entitled to a density bonus and other concessions (See California Government Code section 65915). “Design” means the planning and engineering of the following: street alignments, grades and widths; drainage and sanitary facilities and utilities, including alignment and grades thereof; location and size of all required easements and rights -of-way; fire roads and fire breaks; lot size and configuration; traffic access; grading; land to be dedicated for park or recreational purposes; building, structures and improvements and other such specific physical requirements. “Detached” means any building or structure that does not have a wall or roof in common with any other building or structure.
“Development” means any change or alteration of real property or its boundary lines, and including, without limitation, the placement or erection of any solid material, structure or improvement thereon; discharge or disposal of any dredged material or any gaseous liquid, solid or thermal waste; grading, removing, dredging, mining or extraction of any soil or materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase or sale of such land by a public agency ; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition or alteration of the size of any structure including any facility of any private, public or municipal utility; and the removal of any major vegetation. As used in this title, “structure” includes but is not limited to any building,
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road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. A “project,” as defined in Government Code Section 65931, is included with this definition.
“Development agreement” means a binding contract between a developer and a city or county establishing the conditions under which a particular development may occur. The local government "freezes" the regulations applicable to the site for an agreed upon period of time. (see California Government Code section 65864)
“Development permit” means a discretionary entitlement which may be granted under the provisions of this title and which when granted authorizes a specific use to be made of specific property, subject to compliance with all terms and conditions imposed on the entitlement. “Display area” means the area of a building in a retail sales store used to display goods that are for sale.
“Driveway” means a permanently surfaced area providing direct access for vehicles between a street and a permitted off-street parking or loading area. “Dwelling” or “Dwelling Unit” means a room or group of rooms (including sleeping, eating, cooking, and sanitation facilities, but not more than one kitchen), which constitutes an independent housekeeping unit, occupied or intended for occupancy by one household on a long-term basis. “Easement” means a grant of property rights by the property owner to the public, or any specific person.
“Electric vehicle” means a vehicle that uses a plug -in battery to provide all or part of the motive power of the vehicle, including battery electric, plug-in hybrid electric, or plug-in fuel cell vehicle. “Electric vehicle service equipment” means an electric component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles by permitting the transfer of electric energy to a battery or other storage device in an electric vehicle. “Establishment” means land, buildings, rooms, space, and/or equipment necessary for conducting business.
“Façade” means t he exterior wall of a building exposed to public view or that wall viewed by persons not within the building.
“Family” is an individual or a group of persons living together who constitute a bona fide single - family housekeeping unit in a dwelling unit, not including a fraternity, sorority, club, or other group of persons occupying a hotel, lodging house or institution of any kind. “Facility” means land, buildings, rooms, space, and/or equipment necessary for doing something. “FAR (Floor Area Ratio)” is a measure of development intensity. FAR is the ratio of the floor area of a building to the area of its site. For instance, both a two-story building that covers an entire lot and a four-story building that covers 1/2 of a lot have a FAR of 2. “Fence” means a barrier surrounding or located upon a parcel of real property or a portion thereof and intended to prevent escape or intrusion therefrom or to identify a boundary identity, including without limitation, screened, solid (ninety percent (90%) or more closed to air, light and vision), open (fifty percent (50%) or more), or temporary and which may be constructed from wood, metal or masonry material or any combination thereof.
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“Floor area” means the gross area included within the surrounding exterior finish wall surface of a building or portion thereof, exclusive of courtyards. “Furniture” means the things placed in a room which equips it for living. This normally includes beds, tables, chairs, sofas, desks, and shelves. Home appliances, outdoor/patio furniture, wall cabinets, garage storage units and home furnishing accessories are excluded from the definition of furniture.
“Garage” means an enclosed building, or a portion of an enclosed building used for the parking of vehicles.
“General Plan” means a document adopted by the City Council containing statement of policies, including text and diagrams, setting forth objectives, principles, standards, and plan proposals, for the future physical development of the City of Hanford. “Glare” means the effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.
“Grade” means the degree of rise of descent of a sloping surface. “Grade, finished” means the final elevation of the ground surface after development. “Grade, natural” means the elevation of the ground surface in its natural state before man -made alterations.
“Grading” means the stripping, cutting, filling, stockpiling of earth or land, including the land in its cut or filled condition.
“Gross acreage” means the total area within the lot lines of a lot or parcel of land before public streets, easements or other areas to be dedicated or reserved for public use are deducted from such lot or parcel, and does not include adjacent lands already dedicated for such purposes. “Hazardous waste” means either of the following:
1. A waste, or combination of wastes, which because of its quantity, concentration or physical, chemical or infectious characteristics may either:
a. Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness, or b. Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of, or otherwise managed;
2. A waste which meets any of the criteria for the identification of a hazardous waste adopted by the State Department of Health Services pursuant to Health and Safety Code Section 25117 or any other federal, state or local law or regulation;
3. Resource Conservation and Recovery Act hazardous wastes;
4. Unless expressly provided otherwise, the term “hazardous waste” shall be understood to also include extremely hazardous waste and acutely hazardous waste. (Health and Safety Code Section 25117.)
“Improvement” means any item which becomes part of, placed upon, or is affixed to real estate.
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“Infill development site” means a parcel or group of parcels that make up a site that is vacant or underutilized and is surrounded by developed land or parcels on at least seventy-five (75) percent of its perimeter. Infill development sites include previously developed sites that may/will be redeveloped.
“Integrated shopping center” means a combination of three (3) or more business establishments permitted or conditional permitted in the zone district in which they are located where off -street parking, landscaping, lighting, or other features are developed, managed and maintained jointly. “Kitchen” means any room, all or any part of which is designed and/or used for cooking and the preparation of food.
“Landscaping” means an area devoted to, or developed and maintained predominantly with, native or exotic plant materials including lawn, groundcover, trees, shrubs and other plant materials; artificial turf and other permeable surfaces; and also including accessory decorative outdoor landscape elements such as pools, fountains, paved or decorated surfaces (excluding driveways, parking, loading or storage areas), and sculptural elements. “Land use” means a description of how land (real estate) is occupied or utilized. “Loading Space” means an off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.
“Lot” means a parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed or built upon. The classifications of lots are:
1. “Corner” means a lot located at the intersection of two or more streets at an angle of not more than one hundred thirty -five (135) degrees. If the angle is greater than one hundred thirty -five (135) degrees, the lot shall be considered an interior lot.
2. “Flag” means a lot having access or an easement to a public or private street by a narrow, private right-of-way.
3. “Interior” means a lot abutting only one street.
4. “Key” means a lot with a side line that abuts the rear line of any one or more adjoining lots.
5. “Reverse corner” means a corner lot, the rear of which abuts the side of another lot.
6. “Through” means a lot having frontage on two generally parallel streets, with only one primary access. (See “Illustration of Terms.”).
“Lot area” means the net horizontal area within bounding lot lines after dedication. “Lot coverage” means the area of a lot covered by buildings excluding eaves, projecting balconies, ground-level paving, landscaping, and open recreational facilities. “Lot depth” is the horizontal distance between the midpoint of the front lot line and the midpoint of the rear lot line.
“Lot frontage” means the portion of the lot contiguous to the street. “Lot line” means any boundary of a lot. The classifications of lot lines are:
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1. “Front” means on an interior lot, the line separating the parcel from the street. On a corner lot, the shorter lot line abutting a street. (If the lot lines on a corner lot are equal in length, the front lot line shall be determined by the director). On a through lot, the lot line abutting the street providing the primary access to the lot.
2. “Interior” means any lot line not abutting a street.
3. “Rear” means a lot line, not intersecting a front lot line, which is most distan t from and most closely parallel to the front lot line.
“Lot Width” means the horizontal distance between side lot lines, measured at the front setback line.
“Mall” means a large building or series of connected buildings containing a variety of retail stores, restaurants, and entertainment activities including, but not limited to, such activities as theaters, arcades, amusement rides, rock -climbing and other in door recreation opportunities that serve a regional population.
“Median” means a paved or planted area separating a street or highway into two (2) or more lanes of opposite directions of travel.
“Nonconforming lot” means a lot, the area, frontage or dimensions of which do not conform to the provisions of this zoning code.
“Nonconforming structure” means a structure, lot or use which did conform to applicable laws when constructed or initiated, and which does not now conform to the provisions of this zoning code.
“Nonconforming use” means a use complying with applicable laws when established but which does not conform to the provisions of this zoning code. “Open space” means any parcel or area of land or water essentially unimproved and set aside, dedicated, designated, 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. Does not include area covered by buildings or accessory structures (except recreational structures), paved areas (except recreational facilities), proposed and existing public and private streets or driveways, and school sites.
“Open space, common usable” means recreational or leisure space for the shared use of residents of a multi -unit development with no dimension less than 20 -feet and may include gardens, playgrounds, courtyards, swimming pools, sitting areas, court games, recreation rooms, exerc ise rooms or gyms, spas, community rooms, lawn/turf used for open play, ponds, fountains, atriums, picnic areas, rooftop gardens or green roofs, or similar uses or facilities. “Overhang” means the part of a roof or wall that extends beyond the façade of a lower wall. “Overlay district” is a district established by this zoning code which may be applied to a lot or portion thereof only in combination with a base district. “Parapet” means the extension of the main walls of a building above the roof level. “Parcel” means a parcel of land under one ownership that has been legally subdivided or combined and is shown as a single parcel on the latest recorded map in the Kings County recorder’s office.
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“Parking area” means any public or private land area designed and used for parking motor vehicles including parking lots, garages, private driveways, and legally designated areas of public streets. “Parking lot” is an off-street, ground-level area, usually surfaced and improved, for the temporary storage of motor vehicles.
“Parking ratio” means the number of parking spaces provided per 1,000 square feet of floor area. “Parking, shared” means a public or private parking area used jointly by two or more uses. “Parking space” is the space marked for the parking of a motor vehicle within a public or private parking area.
“Parking structure or structured parking” means a multi-story car park (also called a parking garage or indoor parking) designed for car parking and where there are a number of floors or levels on which parking takes place.
“Parkway” means that portion of the public street right-of-way between the curb or curb line and the adjacent sidewalk or property line, as applicable, used for or which may be used for the purpose of planting and maintaining street trees, shrubs, hedges, or other plants. In some areas within the city, park strips may extend into a private property’s yard beyond the sidewalk. Park strips may be located on private property or may abut private property. “Performance standards” means zoning regulations that permit uses based on a particular set of standards of operation rather than on particular type of use. Performance standards may provide specific criteria to limit noise, air pollution, emissions, odors, vibration, dust, dirt, glare, heat, fire hazards, wastes, traffic impacts, or visual impact of a use. “Permit” means a written governmental permission issued by an authorized official, empowering the holder thereof to do some act not forbidden by law, but not allowed without such authorization. “Person” means any individual, firm, co -partnership, joint venture, association, social club, fraternal organization, company, joint stock association, corporation, estate, trust, organization, business, business trust, public agency, school district, stat e of California, and its political subdivisions or instrumentalities, receiver, syndicate or any group or combination thereof, acting as a unit, including any trustee, receiver or assignee. “Permitted use” means any use allowed in a land use zoning district and subject to the provisions applicable to that district.
“Planned unit development (PUD)” means the development of a parcel(s) or structure(s) with two or more different land uses such as, but not limited to a combination of residential, office, manufacturing, retail, public or entertainment in a single or physi cally integrated group of structures.
“Principal use” means the primary or predominate use of any lot, building or structure. “Project” means the total development within the boundaries as defined on the development plan. “Public right -of-way” means a strip of land acquired by reservation, dedication, prescription , voluntary purchase and sale, or condemnation and intended to be occupied by a road, trail, water line, sanitary sewer and/or any other public uses.
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“Recreational vehicle” means a vehicle or trailer capable of human habitation or designed or used for recreational camping or travel use, whether self-propelled or mounted on or drawn by another vehicle, or any structure inspected, approved and designated a recreational vehicle and bearing the insignia of the state of California or any other state or federal agency having the authority to approve recreational vehicles. RVs include, without limitation, any of the following: camp trailer, as defined by the California Vehicle Code Section 324; house car, as defined by California Vehicle Code Section 362; trailer coach, as defined by California Vehicle Code Section 635; mobile home, as defined by California Vehicle Code Section 396; bus, as defined by California Vehicle Code Section 233, whether altered or unaltered or for commercial or private use; boat, watercraft, and/or trailer for a boat or watercraft; trailers designed to carry persons, property or animals on its own structure and to be drawn by a motor vehicle; and recreational vehicle, as defined by the California Health and Safety Code Section 18010.
“Recycling” means the process by which waste products are reduced to raw materials and transformed into new reused or reconstructed products which meet the quality standards necessary to be used in the market place.
“Review authority” means the person, committee, commission or council responsible for the review and/or final action on a land use entitlement.
“Right-of-way” means a strip of land acquired by purchase, 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.
“Rounding of quantities” means the consideration of distances, unit density, density bonus calculations, or other aspects of development or the physical environment expressed in numerical quantities which are fractions of whole numbers; the numbers are to be rounded to the nearest highest whole number when the fraction is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5, except as otherwise provided in this Title. “Screened or screening” means shielded, concealed, and effectively hidden from view by a person standing at ground level on an abutting site, or outside the area, screened by a fence, wall, hedge, berm, or similar architectural or landscape feature that is at least 90% view obscuring. “Setback” means the area between the setback line and property line. “Setback line” is a line within a lot parallel to and measured from a corresponding lot line, forming the boundary of a required yard and governing the placement of structures and uses on the lot. “Sign” means any letter or symbol made of cloth, metal, paint, paper, wood or other material of any kind whatsoever placed for advertising, identification or other similar purposes on the ground or on any wall, post, fence, building, structure, vehicle or on any place whatsoever. “Site” means the land or area that is the subject of a development project or use, and may include more than one lot or parcel.
“Site area” means the net horizontal area included within the boundary lines of a site, not including the area within the established right -of-way of a public street, future public street, or railroad, or any other area dedicated or to be dedicated for a public use.
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“Site plan” means a plan, prepared to scale, showing accurately and with complete dimensioning all of the buildings, structures, and uses and the exact manner of development proposed for a specific parcel of land.
“Slope” means the degree of deviation of a surface from the horizontal, usually expressed in percentage or degrees.
“Solar facilities” means the airspace over a parcel that provides access for solar energy system to absorb energy from the sun.
“Specific plan” means a plan consisting of text, maps and other documents and exhibits regulating development within a defined area of the city, consistent with the General Plan and the provisions of Government Code Section 65450, et seq.
“Story” means that portion of a building included between the surface of any floor and the surface of any floor next above it, or if there be no floor above it, then the space between such floor and ceiling next above it.
“Street” means any public or private thoroughfare with a width of twenty feet (20’) or more which affords a primary means of access to abutting property. “Street, private” means a street in private ownership, not dedicated as a public street, which provides the principal means of vehicular access to a property and not to be construed to mean driveways, alleys, or parking areas.
“Street, public” is a street owned and maintained by the City, the County, or the State. The term includes streets offered for dedication and accepted by a public agency which have been improved. “Structural Alterations” means any change in the supporting members of a structure such as the bearing walls or partitions, columns, beams, or girders. “Structure” means anything constructed or built. An edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. “Structure, accessory” means a subordinate building which is incidental and not attached to the main building or use on the same lot. If an accessory building is attached to the main building or if the roof is a continuation of the main building roof, the accessory building shall be considered an addition to the main building. Includes structures regardless of whether a Building Permit is required, including, but not limited to, enclosed and unenclosed patios, barns, guesthouses, second dwelling units, gara ges, carports, storage buildings/sheds, trellis, gazebos, decks, and real or artificial rockscapes.
“Structure, temporary” means a structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
“Target population” means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
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“Temporary use” means a use established for a designated period of time, with the intent to discontinue the use at the end of the designated time period. “Traffic safety sight area” means a space that is set aside on a corner lot in which all visual obstructions, such as structures and plantings, which inhibit visibility and thus cause a hazard to traffic and pedestrian safety are prohibited.
“Transient basis” means a continuous period of two (2) weeks or less. “Underutilized land” means land with a structure or structures that occupy only a small portion of the land and is being used significantly below its potential use. “Use” means the purpose (type or extent) for which land or a building is arranged, designed or intended or for which either land or a structure is occupied or maintained. “Use initiation” means the implementation of a use on a parcel or occupancy of a structure, or construction of substantial site improvements after a building permit has been issued, subject to determination by the director.
“Use, accessory” means a use which is incidental to, and customarily associated with, a specified principal use and which meets the applicable conditions set forth in this ordinance. “Use, allowed” means a use listed by the regulation of any particular district as a permitted use within that district and permitted therein as a matter of right when conducted in accord with the regulations established by this Ordinance.
“Use, conditional” means a use listed by the regulations of any particular district as a conditional use within that district and allowable therein, solely on a discretionary and conditional basis, subject to development/design review or to a Conditional Use Permit, and to all other regulations established by this Code.
“Use, principal” means a use which fulfills a primary function of a household, establishment, institution, or other entity.
“Use, temporary” means a use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.
“Variance” means a discretionary entitlement which permits the departure from the strict application of the development standards contained in this zoning code. “Vehicle” means self-propelled device by which persons or property may be moved upon a highway, excepting a device moved by human power or used exclusively upon stationary rails or tracks.
“Wildlands” means any area of land that is essentially unimproved, in a natural state of hydrology, vegetation and animal life, and not under cultivation.
“Yard” means an open space that lies between the principal or accessory building or buildings and the nearest lot line.
“Zero Lot Line” means the location of a building on a lot in such a manner that one or more of the building's sides rest directly on a lot line.
“Zoning district” means a portion of the city within which certain uses of land and structures are defined, and regulations are specified.
Council Direction Requested:
1. Accessory Structure Definition and Setbacks
Lawnmower sheds, under six feet
Playground equipment setbacks and exemptions, exceeds accessory structure standards, required to meet standard setbacks
2. Mechanical Equipment setbacks: Proposal – allow closer encroachment into setback within certain decibel? Allow 3 feet from the side and rear property line. Currently, depends on the neighboring side property line.
3. Hookah Lounge – we have received requests for Hookah Lounges/Bars. Currently, there isn’t a mechanism to allow them through ordinance. The use is loosely similar to tobacco or smoke shop:
“Tobacco or smoke shop” means an establishment that provides tobacco products or tobacco related paraphernalia in an area greater than forty percent (40%) of its total available retail floor space. (I30)
Chapter 8.16, prohibits smoking in all enclosed public spaces including retail stores. There is exception for private clubs and cigar bars, defined as:
“Cigar bar/lounge” means a business that exclusively caters to patrons who smoke cigars. “Private club” means an organization, whether incorporated or not, which is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain, and which only sells alcoholic beverages incidental to its operation. The affairs and management of the organization are conducted by a board of directors, executive committee, or similar body chosen by the members at an annual meeting. The organization has established bylaws and/or a constitution to govern its activities. The organization has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C.
Section 501.”
Lounges are permitted by ordinance, but cigar bars are not expressly addressed.
4. Should block walls be required between multi-family and single-family? Suggestion: apartments over 10 units
5. Address Feather Signs – Staff recommendation to prohibit
17.56.050 Prohibited signs.
19. Eliminate feather signs as permitted signage in the City.
6.I6: Boat, recreational vehicle (RV), and truck sales; Suggestion: add as a permitted use to C-R Regional Commercial, in order to generate sales tax
17.60.070 Drive-Thru pick-up windows:
3. Drive-thru lanes shall be located a minimum of fifty (50) feet from existing residential uses and from residential zone districts and must be separated from residential areas by buildings, extensively landscaped areas, or decorative block walls.
Eliminate the option to provide separation between residential uses using landscaped areas, require the separation be provided by building or 36” block wall. It is difficult to require landscaped areas to be maintained in perpetuity. The minimum height shall be 36 inches to reduce headlight glare.
Code Enforcement/Property Maintenance:
Recommendation to add:
1. Address tarps
17.50.130 Tents, tarps, and other coverings.
No front or side building setback area in the R-L, R-M, OR, or O zone district shall be covered by tents, tarps, cloth, fabric, or a wood or metal covering or structure except for the following:
A. Standard window and door awnings
B. Ornamental covers, such as a sidewalk or entry awning trellis, or other similar improvement intended as an improved passageway or for aesthetic purposes providing architectural integrity with the building to which it is attached. Supports shall be ninety (90) percent open and shall not be enclosed.
Suggestion: Add restriction:
Tarps for roof and building repairs shall be prohibited, except for emergency repairs. Additionally, the use of tarps for temporary canopies, enclosures, and/or awnings is prohibited in any front yard area visible from any public right of way.
2. Address property maintenance issues for ease of enforcement
17.50.200 Property maintenance.
It is a public nuisance for any person owning, leasing, renting, occupying, or having possession of any real property to maintain said real property in a manner in which any of the following conditions are found to exist:
A. The real property or any buildings, structures, or improvements located thereon which violate one or more of the following:
1. The California Building Standards Code, California Code of Regulations, Title 24, any and all amendments, thereto, published by the California Building Standards Commission;
1.2. Any provision of the Hanford Municipal Code;
2.3. Any other law or regulation, such violations including, without limitation, violations that create a fire hazard, endanger human life, or are hazards to the public health, safety and general welfare of the citizens of the city, including without limitation, real property, structures or other improvements that are in disrepair or are not properly maintained as determined by the Code Enforcement Officer;
B. Outdoor storage of personal property of any type or design in any unscreened/unfenced areas fronting on any alley, street, or other public right-of-way; C. The parking of vehicles in yards or landscaped areas; D. Real property or structures or improvements thereon not properly maintained so as to constitute a fire hazard by reason of weeds, grass, rank overgrowth, or accumulations of debris or which could harbor rats or other vermin, create unsightly appearance, or create conditions which are detrimental to neighboring properties;
E. Broken windows or other structural defects in the real property or any structures or improvements thereon which create hazardous conditions and invite trespassing and malicious mischief including unsafe structural supports, boarded doorways and windows, dry rot, termites, and similar hazards; F. Clothes lines within front yard areas, or other unscreened/unfenced yard areas;
G. Garbage cans and garbage receptacles stored within the front yards and which are visible from the public street or neighboring properties. Except that, the Code Enforcement Officer may determine that circumstances involving the property or its occupants make it difficult or impossible to place the garbage cans and receptacles out of public view. If the Code Enforcement Officer makes such a determination, the Code Enforcement Officer shall designate a location on the property for the storage of the garbage cans and receptacles even though such location may allow the garbage cans and receptacles to be visible from the public street or neighboring properties; H. Failure to maintain any wall, fence, or hedge as to constitute a hazard to persons or property or which create an unsightly appearance;
I. Failure to maintain required landscaping and trees and/or removal, destruction or severe pruning of required landscaping or trees.
J. Installation of newspaper/magazine racks, overnight/postal drop boxes or other items of personal property in the public right-of-way without first obtaining an encroachment permit from the city and/or failure to properly maintain said items.
Suggestions: Add
A. It is unlawful for any owner of real property located in the city, and for any tenant, occupant, or user of real property therein, to maintain, permit, or allow graffiti to exist thereon, for longer than forty-eight (48) hours.
A.B. Vehicles Or Equipment: Construction equipment, buses, limousines, tow trucks, flatbed trucks, grading equipment, tractors, tractor trailers, any other commercial vehicle over twenty-two feet (22') long or eight feet (8') in height or ninety inches (90") wide, supplies, materials, or machinery of any type or description, parked or stored upon any street or property within a residential zone.
a. "Commercial vehicle", for the purposes of this section, shall be defined as any motorized or nonmotorized vehicle used or maintained to transport property or goods for profit, or persons for hire or compensation.
C. Basketball Hoops: It shall be unlawful to place, store or leave unattended any portable basketball hoop on a public sidewalk, public street, or any portion of the City right-of-way.
B.D. Numbering Required (Addresses): Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background and shall not be less than 4" in height. House numbers shall not be obstructed in any fashion.
Edits Proposed by Staff: Direction not required, unless Council wishes to discuss
1. Changing from landscape easements to landscape lots for CFDs: Suggestion to use landscape lots instead of easements for easier conveyance with CFDs instead of LIDs; require a 7-ft fence height.
D. Lots developed adjacent to an arterial or collector street are to be designed as walled or fenced back-on or side-on lots with a minimum five (5) and maximum ten (10) foot wide landscape easement lot continuous and adjacent to the street right-of-way line. The minimum lot dimensions are to be exclusive of the required landscape lot easement area. The wall or fence shall be seven feet high located in the landscape easement lot area adjacent to the residential property line. easement line.
2. (I29) “Retail sales solely via internet, direct mail, or telephone” means an establishment providing retail products for sale and delivery only via internet, direct mail, or telephone communication, with a floor space for storage of products of less than five thousand (5,000) square feet. This use does not include a call center or a warehouse or distribution center. If alcoholic beverages are sold, this use typically requires an ABC Type 85 license. (I27) Permitted in C-S, MX-C, and a CUP in O and O-R
Suggestion: change to permitted, subject to a home occ where in conjunction with residential use, since this type of use would be permitted as a home occ.
3. Address Medical Spas: recommendation, permit as separate category and definition, or add to the medical office definition; Address out-patient facilities, or permit wherever medical offices are permitted
4. Add Motor vehicle window tinting as a permitted use wherever minor motor vehicle repair is permitted or conditionally permitted
5. RV parking setbacks: Fire concerns, Visibility concerns when exiting driveway
6. Tandem Parking Requirements – not listed in ordinance, proposed language: Tandem parking.
Required parking may be provided in tandem for residential land uses with the following restrictions:
- Tandem parking shall not be more than two (2) cars in depth. - Both tandem spaces shall serve the same dwelling unit. - For multi-family residential dwellings, tandem parking may be provided to meet up to fifty (50) percent of the required parking space
7. Not all uses need common outdoor, shaded sitting areas - suggestion: allow SPR Committee to determine if it is necessary for the use: New developments shall provide a common outdoor, shaded sitting area for use by customers, unless the Site Plan Review Committee determines the use does not require the shaded open space. The size of this area shall be a minimum two hundred fifty (250) square feet per acre of site area. Develop a list of uses that would require shaded open space: commercial uses providing food products, … (add to Section 17.50)
8. 17.10.110 Driveways
Suggested deletion, this requirement doesn’t always make sense: On corner lots, the driveway shall be located on the side of the lot adjacent to the interior lot line.
K. Limit wall height in non-residential zones? Minimum wall height of 7 feet required, no maximum established
A block wall with a minimum height of seven (7) feet shall be provided along any side or rear lot line that abuts an R-L, R-M, R-H, OR, PF, AP, or CO zone district.
The open storage of materials and equipment attendant to a use shall be permitted only within an area surrounded or screened by a solid wall or fence seven (7) feet minimum in height, except as may be modified under site plan review. Such storage shall not be visible above the fence or wall. (Ord. 17-04, 2017)
L. Establish where the sight-triangle is measured from? Property line? Back-of-curb? “or maintained within the twenty-five (25) feet corner sight triangle of a corner lot,” M. Add language clarifying landscaping requirements in OR
17.54.180 Landscaping.
In the O and OR zone districts, and in all commercial, mixed use, and industrial zone districts, not less than five (5) percent of the interior square footage of a parking area shall be landscaped with trees and other plant materials suitable for ornamentation. Parking areas are to have one tree placed at every four (4) lineal parking spaces, except where the parking area directly abuts the building, or where the parking area is covered by a garage or carport. Landscaped areas shall
be distributed throughout the parking area and peripheral areas to the extent practical in consideration of the size and design of the parking area. Parking lots developed next to a street shall provide a landscape buffer between the street and the parking lot of at least ten (10) feet, except where a lesser parking setback is permitted by the zone district.
N. 17.68.090
17.68.090 Permitted and conditional uses.
Wireless communications facilities that are not exempt per Section 17.68.080 shall be either permitted or conditional uses in accordance with this section. If this section appears to conflict with the table in Section
17.08.030 then this section shall apply.
A. The following wireless communications facilities (WCF) shall be permitted uses. A site plan review permit issued in accordance with Chapter 17.72 and a building permit is required.
3. Modification to an existing, approved antenna/tower where the modification does not result in an increase in the height of the existing, approved antenna/tower and does not provide for more than three communication providers on a single antenna/tower.
4. Installation of buildings or other support equipment used with a previously approved WCF antenna/tower that meets all requirements of the zone district in which the building or other support equipment is to be located, and that results in less than a 30 percent increase in size of the overall WCF site.
Recommendation: Change to exempt, requiring only a building permit.
B. The following wireless communications facilities (WCF) shall obtain a conditional use permit prior to construction or installation in accordance with Chapter 17.80. A site plan review permit issued in accordance with Chapter 17.72 and a building permit is also required:
1. Installation of a new free standing antenna/tower with no guy wires in the C-R, MX-C, MX-D, O, PF, or AP zone districts that does not exceed seventy-five (75) feet in height. The Planning Commission may approve a WCF with a height higher than seventy-five (75) feet if the height of the WCF is less than twice the distance of the antenna/tower to the nearest lot line if the setback is equal to at least twice the structures height. For example: a 100-foot WCF would be required to be setback 200 feet from the nearest lot line.
2. Installation of a new free standing antenna/tower with no guy wires in the C-S or C-H, I-L, or I-H zone districts that does not exceed one hundred (100) feet in height. The Planning Commission may approve a WCF with a height higher than one hundred (100) feet if the height of the WCF if the height of the WCF is less than twice the distance of the antenna/tower to the nearest lot line if the setback is equal to at least twice the structures height. For example: a 120-foot WCF would be required to be setback 240 feet from the nearest lot line.
Study Session Items
Summary of Direction from December 5, 2023 Study Session:
1. 17.04.050 Rules of measurement.
G. Where there is a grade difference on either side of a fence or wall, the minimum height of the fence or wall shall be measured on the shorter side.
This differs from Section 17.50.180 Measurement of height: The height of a structure shall be measured vertically from the average elevation of the ground surface covered by the structure to the highest point of the structure; provided, however, the provisions of this section shall not apply to the height of any structure necessary for public safety or as required by any law or regulation of the state or an agency thereof.
Suggestion: Measure height taking the average elevation. For example if you have a fence that is 8 feet, measured from the ground on one side, and 6 feet, measured from the ground on the other side – the fence height is determined to be 7 feet.
Direction: Move forward as suggested
2. Parking in setbacks for multi-family projects? Multiple variances allowed, parking not permitted in 25-ft 2-story setback area for apartments. Recommendation – 5-ft setback for parking spaces/covered and uncovered;
Suggestion: For multi-family projects providing 10 units or more, required parking spaces, covered and uncovered, shall be located a minimum of five (5) feet from any rear or side property line and 10 feet from a street-side property line.
Direction: Move forward as suggested
3. AirBnBs, night-to-night and short-term rentals? Current determination: We do not have a mechanism to allow for an Airbnb being rented on a nightly basis. The closest thing we have is a bed and breakfast, which requires a conditional use permit in the R-M Medium-Density Residential, ¬¬C-H Highway Commercial, MX-C Corridor Mixed Use, MX-D Downtown Mixed Use, and O- R Office Residential zone districts.
“Bed and breakfast inn” means a transient lodging establishment that is predominantly residential in character, is primarily engaged in providing overnight or otherwise temporary lodging for the general public, and where a breakfast meal is customarily included in the lodging rate. Alcoholic beverages served to overnight guests typically requires an ABC Type 67 license (2) (H2).
17.60.040 Bed and breakfast inns.
Bed and breakfast inns shall be limited to a maximum six (6) rooms for rent per site. No person who is paying rent in exchange for lodging shall occupy a guest room on the premises for more than fourteen (14) consecutive nights;
Food service at bed and breakfast inns shall be allowed for registered guests only, unless the use also qualifies as a restaurant.
The scale and appearance of the bed and breakfast inn shall remain primarily residential in character. All buildings and site improvements shall be similar to and compatible in design with the surrounding neighborhood and adjacent residences.
A bed and breakfast would require a business license.
Any person staying somewhere longer than two weeks is a renter. Finance does not have a license required for renting a room for longer than two weeks.
Suggested Ordinance Amendments:
City of Redondo Beach – short-term rentals banned
(City of Los Gatos) – permitted
https://library.municode.com/ca/los_gatos/codes/code_of_ordinances?nodeId=CO_CH14LIMIB URE_ARTXIVSHRMRE
Direction: Bring back sample ordinances allowing short-term rentals
4. Differing break-downs between industrial uses in online vs PDF ZO:
Online:
D6 Industrial or manufacturing
facility, heavy P
D7 Industrial or manufacturing,
light P P
PDF:
“Industrial or manufacturing facility, General” means a facility that manufactures products from extracted or raw materials or recycled or secondary materials, or the bulk storage and handling of such products and materials. This use includes operations such as biomass energy conversion; production apparel manufacturing; photographic processing plants; leather and allied product manufacturing; wood product manufacturing; paper manufacturing; chemical manufacturing; plastics and rubber products manufacturing; nonmetallic mineral product manufacturing; primary metal manufacturing; fabricated metal product manufacturing; and automotive and heavy equipment manufacturing. This use does not include Agricultural products processing. (D6)
“Industrial or manufacturing facility, intensive” means a facility that regularly uses hazardous chemicals or procedures or produce hazardous by products, including the following: manufacturing of acetylene, cement, lime, gypsum or plaster-of-Paris, chlorine, corrosive acid or fertilizer, insecticides, disinfectants, poisons, explosives, paint, lacquer, varnish, petroleum products, coal products, plastic and synthetic resins, and radioactive materials. This subcategory also includes biomass energy conversion, chemical manufacturing, animal food manufacturing, petrochemical tank farms, gasification plants, smelting, animal slaughtering, oil refining, asphalt and concrete plants, and tanneries. Intensive industrial uses have high potential for external impacts on the surrounding area in terms of noise, vibration, odor, hours of operation, and traffic. “Industrial or manufacturing facility, limited” means a facility that manufactures products from previously prepared materials completely within an enclosed building, and that produces minimal impacts on nearby properties. This use includes the manufacturing of finished parts or products primarily from previously prepared materials; commercial laundries and dry cleaning plants; monument works; printing, engraving, and publishing; machine and electrical shops; computer and electronic product manufacturing; furniture and related product manufacturing; and industrial services. The use also includes the preparation and/or packaging of food for off-site consumption. (D7)
5. Do we want to change ADUs to permitted by right, requiring only SPR? State Law allows us to continue to require ministerial review; site plan required for addition of one unit Direction: Allow ADU by right; no administrative approval required
6. Should we eliminate (34) Guest House? Address ADU only? Current guest house definition: “Guest house” means living quarters without a kitchen, located on the same premises with a main residence. (34)
Direction: Eliminate Guest House category
7. (31) Building ancillary to the main residential use – do we want to create a sq. ft. cap? Large shops being proposed, can be larger than primary residence – do we want to allow this still? Do we want to limit sq. ft. to a percentage at the time of construction? (example: 2,000 sq. ft. home, ancillary structure shall be limited to 50% of sq. ft. of primary residence, except when proposing an ADU? Limit to 100%?, cannot be larger?
Ancillary is not defined in the HMC, add ancillary reference to accessory:
Building ancillary to the main residential use. See Accessory building or structure. (31), (A20) “Accessory building or structure” means a structure which is subordinate to and the use of which is customarily incidental to, that of the main building, structure or use on the same site, including patio covers. If any accessory building is attached to the main building by a common wall or a connecting roof, such accessory building shall be deemed to be a part of the main building. (31) (A20)
Direction: Bring back tiered allowances of square footage based on lot size, look at coverage maximums; allow ancillary reference to accessory
Lot Size Square Footage of Residence % of Primary Residence
100%, lots exceeding 1 acre
may construct up to 150% of
primary residence
8.“Electric vehicle recharging facility” means one (1) or more publicly available parking spaces served by electric vehicle service equipment, and is typically an ancillary use in a parking garage or parking lot. (A6); A required, suggestion: change to P Gov. Code § 65850.7(g)(1) requires the City to adopt an ordinance that is consistent with the statute and that “creates an expedited, streamlined, permitting process for electrical vehicle charging stations.” Ordinance addressing EV Charging Stations required Direction: move forward as permitted use
9. (A15) Outdoor advertising structure listed as not permitted; the definition of Outdoor Advertising Structure means a structure of any kind or character, erected or maintained for outdoor advertising purposes, upon which a sign may be placed that advertises a use, product, or service that is not provided off site. (A15); should we change to read Billboard, so it is easily identifiable? Direction: Change to read “Billboard”
10. Should Auditorium and Conference Centers be permitted in the same zones? (similar definitions) Table 17.08.030
Commercial, Office, and Industrial Use Table
P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Commercial
Zones
Mixed
Use
Zones
Industrial
and Office
Zones
Other
Zones
Land Uses
C-N
C-R
C-S
C-H
MX-N
MX-C
MX-D
O-R
O
I-L
I-H
AP
PF
CO
Specific Land
Use Standards
(See identified
Section)
C1 Auditorium P P P
C6 Convention or conference
center P P P
“Auditorium” means a large room or building used for public gatherings typically open to the general public to watch and/or listen to a performance, speech, or concert. It does not include “Theater, live or movie.” (C1)
“Convention or conference center” means facilities designed and used for conventions, conferences, seminars, trade shows, product displays, and other events in which groups gather to promote and share common interests. Convention centers typically have at least one (1) auditorium and may also contain concert halls, lecture halls, meeting rooms, and conference rooms, as well as accessory uses such as facilities for food preparation and serving and administrative offices. Convention or conference center does not include conference rooms that may be an ancillary use in a hotel and motel. (C6) Direction: Allow both uses in the zones they are both allowed in (combined): C-H, MX-C, MX-D, and PF
11. Club, lodge, or private meeting hall, suggestion, add event space to list. There is not definition in the PDF version of the ordinance, but there is online:
“Club, lodge, event space, or private meeting hall” means a large room or building used for public gatherings where membership or invitation is typically required to attend. It can include a dance floor, lodge rooms, conference rooms, dining rooms, drinking establishments for members and their guests only, and exhibit rooms. Alcoholic beverage service to members and their guests typically requires an ABC Type 51, 52, or 57 license. (C3) Direction: Add as suggested
12. (C15) Theater, live or movie permitted in C-R and MX-D. Suggestion, add Theater, live or movie with incidental alcohol sales as a CUP in C-R and MX-D requiring ABC Type 41 or 47.
Direction: Allow incidental alcohol sales associated with a theater as a CUP in C-R and MX-D.
13. (E3) There is not a definition for communications broadcasting or media studio in the ordinance.
Proposed definition: “Communication broadcasting or media studio” means commercial telecommunications transmission facilities and studios that create broadcasting or media content outside of an office environment, including but not limited to radio, television or Internet broadcasting facilities, audio rehearsal or recording studios, motion picture studios, sound stages, special effects studios, and similar uses. Excludes public utility and wireless communication facilities. (E3)
Direction: Move forward as suggested
14. (H7) Live/Work Facilities: Permitted in C-S, MX-N, MX-C, MX-D and O-R; (H14) Residential dwelling located in same building with office or commercial use:
CUP in C-S, P in MX-N, MX-C, MX-D, O-R and AP
“Live/work facility” means a building that combines a complete dwelling unit with a commercial or office work space, with both occupancies used by the same person or family. (H7) “Residential dwelling located in the same building with office or commercial use” means a building that contains a mix of both residential dwelling units and space used for commercial or office uses. (H14)
Suggestion: Combine definitions or eliminate both and only permit residential where expressly permitted (single- and multi-family); mixed use permitted where both are allowed; Direction: Remove definition of both
15. (H13) Residential Care Facility permitted in MX-C, MX-N, MX-D and O-R, limits for number of occupants not established – in the residential zones: up to 6 persons permitted, 7 or more persons requires CUP
Direction: move forward as suggested
16. (I1) Adult Entertainment Establishments, per the Land Use Table permitted with Administrative Approval in C-R, C-S, and MX-C, per the regulations set forth in Section 17.62. Should a CUP be permitted to allow public notice and input?
(discrepancy)
A. All adult entertainment establishments as listed in subsection A of this section shall only be permitted within any C-R, C-S, and MX-C zone district, provided the minimum distance requirements as set forth in subsection A of this section are met and also upon the prior issuance of a conditional use permit.
Direction: Change to CUP in Land Use Table
17. (I4 and I5) Automobile and pick-up sales, new and used; Automobile and pick-up sales, used only “Automobile and pick-up sales, new and used” means an open area that can include buildings, other than a street, used for the display, sale, or rental of new and used automobiles and pick-ups along with incidental repairs and servicing of automobiles or pick-ups. (I4); suggestion add a 40/60 majority new requirement to differentiate between categories.
The ratio is appropriate in order to carry out the spirit of the “new and used” sales use described in row I4 of Table 17.08.030 of Hanford Municipal Code Title 17. In other words, it would be unreasonable to interpret the Municipal Code to allow a business to sell one or a few new cars each year in order to operate a large used car sales business. “Automobile and pick-up sales, used only” means an open area or building, other than a street, used for the display, sale or rental of used automobiles and pick-ups and where no repair work is done except minor incidental repairs and servicing of automobiles or pick-ups to be displayed, sold or rented on the premises. (I5)
Direction: Bring back to Council
18. Add a category for Automobile/motorcycle parts (retail), no installation – permit wherever retail is permitted
Direction: move forward as suggested
19. (I9) Farm or construction equipment sales or service: There isn’t a definition in the ordinance.
Recommendation – permit in I-H, I-L
Proposed definition: Farm or construction equipment sales or service means an establishment selling, renting or repairing agricultural and construction machinery, equipment, and supplies for farm or construction uses. This use can include indoor and outdoor storage yards. Outdoor storage yards shall be screened from public view.
Direction: Permitted in C-S, CUP in C-H; leave as indoor and outdoor, rely on screening;
20. (I10) Farmers Market – permitted with an administrative approval in C-R, C-S, MX-D recommendation, change to T, the Thursday Night Market is in the public ROW, not on private property – therefore an AA and TUP are not obtained; “Farmers market” means a facility or area where several farmers or growers gather on a periodic basis to provide fresh fruits, vegetables, or other locally-grown agricultural products directly to consumers. (I10)
17.76.030 Temporary use permit required.
The following temporary activities and uses may be allowed, subject to the issuance of a temporary use permit prior in accordance with this chapter and Chapter 17.70:
A. Any use listed in Table 17.08.020 or Table 17.08.030 that is identified as a temporary use.
B. Farmers markets.
Direction: Change to T
21. (I13) Food Produce Stands – permitted in multiple zones with an A. “Food produce stand” means an area or building set aside for the sale of agricultural produce that is grown primarily on the site. “Agricultural crop production” means the use of land for farming, horticulture, floriculture, viticulture, apiaries, tree and sod farms, animal and poultry husbandry, and accessory activities, including, but not limited to, storage, associated maintenance of equipment, harvesting of crops or feeding of animals and excluding dairying, stockyards, slaughtering or commercial food processing. Pursuant to Health and Safety Code Section 17021.6, any employee housing consisting of no more than thirty-six (36) beds in a group quarters or twelve (12) units or spaces designed for use by a single family or household shall be deemed an agricultural land use for zoning purposes. (D1)
12.B.
AGENDA
STAFF REPORT
MEETING DATE: 5/7/2024 AGENDA SECTION: CONSENT CALENDAR
SUBJECT:
Approval of the Minutes of the March 19, 2024 Meeting.
RECOMMENDATION:
Recommendation:
Recommended Motion:
BACKGROUND:
FISCAL IMPACT:
ATTACHMENTS:
1. Minutes 3.19.2024
City Council Regular Meeting
Minutes
March 19, 2024 7:00 PM
Council Chambers
400 N. Douty St.
4:00 PM CALL TO ORDER STUDY SESSION AND CLOSED SESSION:
Mayor Paden called the study session and closed session to order at 4:00 p.m.
ROLL CALL BY THE CITY CLERK:
Present: Absent:
Council Member Travis Paden
Council Member Mark Kairis
Council Member Kalish Morrow
Council Member Lou Martinez
Council Member Diane Sharp
PUBLIC COMMENT:
Study Sessions are considered Special Meetings under the Brown Act. Accordingly, comments from the public are limited to items listed on the agenda (GC 54954.3a). Public Comment will be accepted during each agenda item. A maximum of three minutes is allowed for each speaker. Please begin your comments by stating your name and providing your city of residence.
Dennis Ham commented on the number of Parking and Traffic Commission meetings that were canceled. He also expressed his concerns about the regular items that are reviewed and approved by the Parking and Traffic Commission.
Bob Ramos commented on the city's committees. Mr. Ramos suggested a quarterly Parking and Traffic Commission meeting rather than eliminating it completely. He also commented on a potential sales tax measure.
STUDY SESSION:
A. Discussion and Council direction regarding City Commissions pertaining to the formation of the commissions, the duties of the commissions and the number of commissioners.
City Manager Cifuentez provided a brief overview and answered questions from the Council. After much discussion, the Council directed staff to dissolve the Parking and Traffic Commission. Parking and Traffic Commission agenda items will now be presented and reviewed by the Planning Commission. The Council also discussed increasing the number of commissioner seats on the Parks and Rec and Planning Commissions. There was a consensus to keep the commissions at five (5) commissioner seats and one (1) alternate commissioner seat. The remaining Parking and Traffic Commissioners will
be invited to participate in the recruitment process for the other two commissions. The City Manager will bring back a municipal code amendment to dissolve the Parking and Traffic Commission Council's review and approval.
B. Review of the FY 2023-24 Mid-Year Budget and Council Approval of an additional Appropriation of $850,400 in the GF and $226,570 across all other funds for the 2023-24 Fiscal Year Budget
Finance Director Chris Tavarez and Finance Manager Destiny Borba presented the FY 2023-24 Mid-Year Budget for the Council's review and approval. Staff answered questions from the Council. The Council thanked staff and Vice Mayor Kairis motioned to approve mid-year amendments to the 2023-24 Fiscal Year Budget to appropriate an additional $850,400 in the General Fund and $226,570 across all Other Funds for the execution of city operations.
Motion to Approve.
RESULT: Passed
MOVER: Council Member Mark Kairis
SECONDER: Council Member Kalish Morrow
AYES: Mark Kairis, Kalish Morrow, Travis Paden
NAYS: Lou Martinez
ABSENT: Diane Sharp
Mayor Paden adjourned the study session at 5:05 p.m.
CLOSED SESSION FOR DISCUSSION OF THE FOLLOWING:
A. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (54956.9 (d)(2)) 1 Case.
CALL TO ORDER REGULAR SESSION:
Mayor Paden called the meeting to order at 7:00 p.m.
ROLL CALL:
Present: Absent:
Council Member Travis Paden
Council Member Mark Kairis
Council Member Kalish Morrow
Council Member Lou Martinez
Council Member Diane Sharp
INVOCATION:
The invocation was led by Pastor Lori Niles.
FLAG SALUTE:
The flag salute was led by the Sierra Pacific Senior Class President Isabel Rojas.
CLOSED SESSION ACTION REPORT:
None.
RECOGNITION:
A. Recognition of Former Mayor Marcie Buford in Honor of National Women's History Month Mayor Paden presented former Mayor, Marcie Buford with a certificate of recognition in honor of National Women's History Month.
B. Badge Pinning Ceremony and Oath of Office for Officers Maritza Juarez, Kevin Wheat, and Priscilla Valdovinos.
Chief Huddleston introduced Police Officers Maritza Juarez, Kevin Wheat, and Priscilla Valdavinos and City Clerk Natalie Corral administered the oath of office.
COUNCIL REPORTS/GENERAL REPORTS:
Brief information-only reports from City Council and/or Staff, including committee reports and reports by City Council related to meetings attended at City expenses (AB1234).
The Council discussed the events and meetings they attended.
City Manager Cifuentez introduced the new Fire Chief Daniel Perkins.
PUBLIC COMMENT:
This is the time for citizens to comment on subject matters within the jurisdiction of the Hanford City Council. This is also the public’s opportunity to request an item from the Consent Calendar be pulled for discussion purposes or to comment on any item on the agenda. State law does not allow the Council to discuss or take action on issues not on the agenda, except that members of the Council or staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights (Gov. Code sec. 54954.2). A maximum of three minutes is allowed for each speaker. Please begin your comments by stating your name and providing your city of residence.
Nanette Villarreal commended the police officers who responded to a call involving her family members.
Jack Schwartz provided an update on the Carnegie Museaum's restoration project and announced the upcoming events.
Anna Brookshier commented on the ARPA funds and questioned three (3) projects that will be funded by the ARPA funds. She also commented on General Business Item D.
CONSENT CALENDAR:
Consent Calendar items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made and then the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.
Motion to Approve.
RESULT: Passed (UNANIMOUS)
MOVER: Council Member Diane Sharp
SECONDER: Council Member Mark Kairis
AYES: Diane Sharp, Mark Kairis, Kalish Morrow, Travis Paden, Lou Martinez A. Procedural Waiver: Waive reading in full of resolutions and ordinances and approval and adoption of same by reading title the only.
B. City Clerk: Approval of the Minutes of the March 5, 2023 Meeting C. Utilities and Engineering: Adoption of Resolution No. 24-07-R regarding the unmet public transit needs within the City of Hanford and authorization for the City Manager to sign and submit claims for LTF funds and any subsequent amended claims required.
D. Finance: Approval of sole source award and professional services agreement with Fairbank, Maslin, Maulin, Metz & Associates (FM3) for polling services for a potential revenue measure for $32,250, appropriate the funding out of the General Fund and partner with Trust for Public Land for a 50% financial contribution GENERAL BUSINESS:
A.PUBLIC COMMENT - SPECIFIC TO THE DOWNTOWN TRAFFIC AND PEDESTRIAN
IMPROVEMENTS PROJECT
Bob Ramos shared the feedback from the downtown business owners.
Les Vierra spoke in opposition to roundaboutd in the downtown area.
Dennis Ham spoke in favor of the four-way stop at the intersection of Seventh Street and Douty Street.
Bret Brakeman commented on the community's input about the roundabout.
Dora Jacobs spoke in opposition to the roundabout at the intersection of Seventh Street and Douty Street.
Elena Andoliaga spoke in favor of a four-way stop at the intersection of Seventh Street and Douty Street.
Judy Scott spoke in favor of the roundabout at the intersection of Seventh Street and Douty Street.
Jackie Ray suggested other locations in the city for a roundabout.
William Harmon spoke in opposition to a roundabout at the intersection of Seventh Street and Douty Street.
Cheyne Strawn spoke in favor of a four-way stop at the intersection of Seventh Street and Douty Street.
Susan Davis expressed her concerns about the street racing. She suggested other intersections for a roundabout.
Martin Devine expressed his concerns regarding ADA compliance and parking.
Jamie Barela expressed her concerns regarding proper signage and the safety of drivers.
Kimber Regan commented on the meeting held at City Hall and expressed her concerns about design immunity, property value, and the project area.
Brian Fagundes commented on the downtown improvement project and the other aspects of the design. He also provided design suggestions.
Mike Casenza spoke in favor of a four-way stop at the intersection of Seventh Street and Douty Street.
Angel Rodriguez spoke in support of a four-way stop at the intersection of Seventh Street and Douty Street.
Rusty Brookshier suggested that Council Member Sharp recuse herself. He also spoke in opposition to roundabouts.
Craig Johnson spoke in opposition to the roundabout at the intersection of Seventh Street and Douty Street.
Jim Nelson spoke in favor of a four-way stop at the intersection of Seventh Street and Douty Street. He also suggested Council Member Sharp recuse herself from voting on the project.
Nick Wagner spoke in opposotion to the roundabout at the intersection of Seventh Street and Douty Street.
B. Community Development: Presentation regarding the final design elements and direction from Council on the intersections, mid-block crossings, sidewalks, landscaping, lighting and street furniture within the scope of the Downtown Traffic and Pedestrian
Improvements Project
Deputy City Manager Jason Waters discussed the project's background and presented the final design elements for the Council's direction on the intersections, mid-block crossings, sidewalks, landscaping, lighting, and street furniture with the scope of the Downtown Traffic and Pedestrian Improvements. He also addressed the concerns of the public regarding parking stalls. Before the Council discussed the intersection on Seventh Street and Douty Street, the Council provided direction for the other design elements. The Council discussed the project's history, the engineering reports, design immunity, and the importance of selecting the safest option for the community. Council members Morrow and Sharp spoke in favor of the roundabout. Mayor Paden suggested the funding be used to address other areas and projects. The Interwest Consultants answered questions from the Council. City Attorney Ty Mizote addressed the traffic signals at the intersection of Seventh Street and Douty Street. He also discussed design immunity. After a lengthy discussion, Council Member Morrow motioned to approve the project as recommended, with the amendment to include three (3) roundabouts. The motion was not seconded. Mayor Paden motioned to focus on the beautification in the downtown area and redirect the funds to other places, seconded by Council Member Martinez. Vice Mayor Kairis and Council Member Sharp questioned the Mayor's motion. The City Attorney discussed using the ARPA funds for safety issues and projects. The Mayor discussed other unsafe areas downtown that need to be addressed. Staff addressed the Mayor's concerns. After much discussion, Council Member Morrow made a substitute motion to approve the project to with one (1) roundabout at the intersection of Seventh Street and Douty Street.
Substitute motion to approve.
RESULT: Passed
MOVER: Council Member Kalish Morrow
SECONDER: Council Member Diane Sharp
AYES: Diane Sharp, Mark Kairis, Kalish Morrow
NAYS: Travis Paden, Lou Martinez
During the discussion, the Council approved to extend the meeting to 10:20 p.m.
C. Council: Review and discuss the committees that will have a vacancy due to the resignation of Diane Sharp and make new Appointments as appropriate.
The Council reviewed and discussed the committees that will have a vacancy due to the resignation of Diane Sharp, and assigned new council members.
•Kalish Morrow was assigned to Kings County Area Public Transit Agency (KART), and Kings County Abandoned Vehicle Authority, with Travis Paden as the alternate.
•Lou Martinez was assigned to Kings Waste Recycle Authority (KWRA), with no alternate. •Mark Kairis was assigned to the Mid-Kings River Groundwater Sustainability Agency, with no alternate.
Motion to Approve.
RESULT: Passed (UNANIMOUS)
MOVER: Council Member Diane Sharp
SECONDER: Council Member Lou Martinez
AYES: Diane Sharp, Mark Kairis, Kalish Morrow, Travis Paden, Lou Martinez The Council approved extending the meeting to 10:30 p.m.
D. Administration: Council discussion regarding the possible Censure of Council Member Lou Martinez.
Break 10:15 p.m. - 10:17 p.m.
Council Member Sharp discussed why she requested the discussion of a possible censure of Council Member Martinez.
The Council discussed complaints involving staff and Council Member Martinez. Ms. Sharp recommended an independent investigation into the matter. The City Attorney answered questions from the Council.
Council Member Sharp motioned to task the city attorney with hiring an investigator for the complaints about Mr.
Martinez's behavior that were brought to the City Manager's attention.
RESULT: Passed
MOVER: Council Member Diane Sharp
SECONDER: Council Member Kalish Morrow
AYES: Diane Sharp, Mark Kairis, Kalish Morrow, Travis Paden NAYS: Lou Martinez
ITEMS FOR FUTURE AGENDAS:
At this time, any Council Member may ask a question for clarification or may request a matter, which is not otherwise scheduled on a City Council agenda, to be placed on a future agenda. The Council Member referring the item shall provide sufficient information as to the nature of the item. The City Council, by concurrence of a majority, may direct the City Manager to put the item on a future agenda. (GOV. CODE SEC. 54954.2) A. Council Future Agenda Items
None.
B. Upcoming Events and Important Dates:
March 29: Egg Hunt in Civic Park 10:00 a.m. - 2:00 p.m. Online registration required April 2: Food Truck Takeover in Civic Park 11:00 a.m. - 2:00 p.m.
April 2: Regular City Council Meeting
April 6: Free Fitness Court Class at Hidden Valley Park 8:00 a.m. - 9:00 a.m.
April 16: Regular City Council Meeting
ADJOURNMENT:
Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available to public inspection in the City Clerk’s Office located at 319 N. Douty Street, Hanford, California 93230, during normal business hours. Such agendas are also available at the city’s website, www.cityofhanfordca.com subject to staff’s ability to post the agenda before the meeting. If you need a disability-related modification or accommodation, including auxiliary aids or services, to participate in this meeting, please contact the City Clerk’s office, 559-585-2515, 319 N. Douty Street, Hanford, California 93230, at least 2 days prior to the meeting {28 CFR 35.102.35.104 ADA Title II} Mayor Paden adjourned the meeting at 10:26 p.m.
Respectfully submitted,
Natalie Corral
City Clerk
12.C.
AGENDA
STAFF REPORT
MEETING DATE: 5/7/2024 AGENDA SECTION: CONSENT CALENDAR
SUBJECT:
Approval of the Minutes of the April 2, 2024 Meeting.
RECOMMENDATION:
Recommendation: That the Council by motion approve the minutes of April 2, 2024 meeting.
BACKGROUND:
FISCAL IMPACT:
ATTACHMENTS:
1. 4.2.2024 Minutes
City Council Regular Meeting
Minutes
April 2, 2024 7:00 PM
Council Chambers
400 N. Douty St.
4:00 PM CALL TO ORDER STUDY SESSION:
Mayor Paden called the study session to order at 4:00 p.m.
ROLL CALL BY THE CITY CLERK:
Present: Absent:
Council Member Mark Kairis
Council Member Travis Paden
Council Member Kalish Morrow
Council Member Diane Sharp
Council Member Lou Martinez
PUBLIC COMMENT:
Study Sessions are considered Special Meetings under the Brown Act. Accordingly, comments from the public are limited to items listed on the agenda (GC 54954.3a). Public Comment will be accepted during each agenda item. A maximum of three minutes is allowed for each speaker. Please begin your comments by stating your name and providing your city of residence.
Bobby Watson, Executive Director of the Kings County Commission on Aging, commented on the organization's CDBG fund request. Ms. Wartson answered questions from the Council.
Dennis Ham commented on the Council's direction regarding the Central Parking and Business Improvement Area Advisory Board.
STUDY SESSION:
A. Review and comment on 1) Planned allocation of resources for the Draft City of Hanford's 2024-2028/29 Consolidated Plan (ConPlan), including First Year 2024/25 Annual Action Plan for the use of U. S. Department of Housing and Urban Development (HUD), federal Community Development Block Grant (CDBG), funds by the City's Community Department- Housing Division, and 2) Comment on DRAFT CDBG 2024 Action Plan Amendment.
Housing Analyst Sandra Lerma-Martinez provided an overview of the planned allocation of resources for the Draft City of Hanford's 2024-2028/29 Consolidated Plan (ConPlan) and the Draft CDBG 2024 Action Plan. Chrysalis Research Consulting Group Analyst Jason Wright (via Zoom) discussed their role in the preparation of the Consolidated Plan. The Council questioned the allocations for public services and the home buyers program. Ms. Martinez clarified the request
for funding from KCAO and the Commission on Aging and answered questions from the Council. The Council provided their feedback on the distribution of the estimated budget.
B. Presentation of the City's Downtown Strategic Plan, including its recommendations related to Policy/Administration, Tourism/Promotion, Economic Vitality and Design, and discussion about the reestablishment of the Central Parking and Business Improvement Area Advisory Board, as required by the City's Municipal Code, including its role in helping to implement recommendations provided in the downtown plan.
Deputy City Manager Jason Waters and Community Relations Manager Brain Johnson presented and discussed the City's Downtown Strategic Plan, including the recommendations related to Policy/Administration, Tourism/Promotion, Economic Vitality and Design, and the reestablishment of the Central Parking and Business Improvement Area Advisory Board, as required by the City's Municipal Code. Staff answered questions from the Council. After much discussion, the Council directed staff to move forward with the reestablishment of the Central Parking and Business Improvement Area Advisory Board.
The Mayor adjourned the study session at 5:52 p.m.
CALL TO ORDER REGULAR SESSION:
Mayor Paden called the meeting to order a 7:00 p.m.
ROLL CALL:
Present: Absent:
Council Member Mark Kairis
Council Member Travis Paden
Council Member Kalish Morrow
Council Member Diane Sharp
Council Member Lou Martinez
INVOCATION:
The invocation was led by Pastor Thomas King.
FLAG SALUTE:
The flag salute was led by the Hanford West High School Site Council Represetntaive Drew Black.
COUNCIL REPORTS/GENERAL REPORTS:
Brief information-only reports from City Council and/or Staff, including committee reports and reports by City Council related to meetings attended at City expenses (AB1234).
The Council discussed the meetings and events they attended.
PUBLIC COMMENT:
This is the time for citizens to comment on subject matters within the jurisdiction of the Hanford City Council. This is also the public’s opportunity to request an item from the Consent Calendar be pulled for discussion purposes or to comment on any item on the agenda. State law does not allow the Council to discuss or take action on issues not on the agenda, except that members of the Council or staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights (Gov. Code sec. 54954.2). A maximum of three minutes is allowed for each speaker. Please begin your comments by stating your name and providing your city of residence.
Bob Ramos commented on the approval of the downtown improvement project roundabout and expressed concerns regarding Diane Sharp voting on the project.
Rusty Brookshier commented on the approval of the roundabout.
Christine Leach shared her experience on the Revenue Measure Committee (RMC). She also commented on the
roundabout and the Krash matter.
Jack Schwartz commented on the study session discussion and offered the Carnegie's assistance.
Adrea Barone commented on the Krash matter and questioned the city's transparency. He also commented on a possible tax increase.
Dionicia Parks commented on the Hanford comfort dogs. She also requested transparency about Krash being euthanized. Ms. Parks also questioned the city's policy for K9 retirement.
Jim Nelson commented on the approval of the roundabout.
Dennis Ham commented on the dissolution of the Parking and Traffic Commission and requested to pull the item from the consent calendar for separate discussion.
Jessica Szalai, owner of Beautifully Damaged commented on the flooding in her store and asked for the city's assistance.
Kimber Regan commented on the approval of the roundabout.
City Attorney Ty Mizote clarified the requirements for recusal.
CONSENT CALENDAR:
Consent Calendar items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made and then the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.
Item C was requested to be pulled during public comment. Motion to approve except for the items pulled for separate discussion.
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
Passed
Council Member Diane Sharp
Council Member Mark Kairis
Diane Sharp, Mark Kairis, Kalish Morrow, Travis Paden
Lou Martinez
A. Procedural Waiver: Waive reading in full of resolutions and ordinances and approval and adoption of same by reading the title only.
B. City Clerk: Approval of the appointment of Ms. Cindy Harris to the Kings Mosquito Abatement District Board of Trustees, recommended by Michael Cavanah, District Manager of the Kings County Mosquito Abatement District.
C. Administration: Approval of the second reading and Adoption of Ordinance No. 24-03 amending Section 12.24 to Title 12 of the Municipal Code, thereby amending sections related to City Properties and the acceptable use of these properties by the public.
D. Community Development: Authorization for the City Manager to execute contract amendment with Kinoca Minolta for backfile scanning services of Building division's large-format plans for a total not to exceed $109,785.00 for the completion of the project.
E. Community Development: Community Development: Acceptance of the mandated General Plan Annual Progress Report for Calendar Year 2023 and Authorization for the submittal to the Governor’s Office of Planning and Research.
F. Community Development: Adoption of Resolution N0. 24-08-R, Supporting an
Application for Funding from the State of California Department of Housing and Community Development HOME Investment Partnership Program (HOME) Program in support of first-time homebuyer activities.
PULLED CONSENT ITEMS:
A. Administration: Introduction of Ordinance No. 24-04, Amending Section 2.20 and Repealing Section 2.28 of the Hanford Municipal Code, thereby dissolving the Parking and Traffic Commission
[Item C]
Pulled during public comment.
City Manager Cifuentez discussed the Council's direction and addressed Mr. Ham's comments.
Motion to Approve.
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
Passed
Council Member Mark Kairis
Council Member Kalish Morrow
Diane Sharp, Mark Kairis, Kalish Morrow, Travis Paden
Lou Martinez
GENERAL BUSINESS:
A. Utilities and Engineering: Award of Professional Services Contract to 4Creeks Engineering in the amount of $77,700 for design of the site improvements required for the Youth Athletic Complex (YAC) Restroom and Concession Stand Building Project Parks and Community Services Director Brad Albert and Utilities and Engineering Director Frank Senteno presented the project for the Council's review and approval. Staff answered questions from the Council.
Motion to Approve.
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
Passed
Council Member Kalish Morrow
Council Member Diane Sharp
Diane Sharp, Mark Kairis, Kalish Morrow, Travis Paden
Lou Martinez
B. Administration: Recognition of Departing Council Member Diane Sharp The Council recognized Council Member Sharp and presented her with a plaque in honor of her years of service on the Hanford City Council.
ITEMS FOR FUTURE AGENDAS:
At this time, any Council Member may ask a question for clarification or may request a matter, which is not otherwise scheduled on a City Council agenda, to be placed on a future agenda. The Council Member referring the item shall provide sufficient information as to the nature of the item. The City Council, by concurrence of a majority, may direct the City Manager to put the item on a future agenda. (GOV. CODE SEC. 54954.2)
A. Council Future Agenda Items
No new items were brought forth.
B. Upcoming Events and Important Dates:
April 16: Food Truck Takeover in Civic Park 11:00 a.m. - 2:00 p.m.
April 16: Regular City Council Meeting
May 2: Thursday Night Market Place in Civic Park 5:30 p.m. - 9:00 p.m.
May 7: Regular City Council Meeting
May 21: Regular City Council Meeting
April 16 meeting will be canceled due to constraints.
ADJOURNMENT:
Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available to public inspection in the City Clerk’s Office located at 319 N. Douty Street, Hanford, California 93230, during normal business hours. Such agendas are also available at the city’s website, www.cityofhanfordca.com subject to staff’s ability to post the agenda before the meeting. If you need a disability-related modification or accommodation, including auxiliary aids or services, to participate in this meeting, please contact the City Clerk’s office, 559-585-2515, 319 N. Douty Street, Hanford, California 93230, at least 2 days prior to the meeting {28 CFR 35.102.35.104 ADA Title II} Mayor Paden adjourned the meeting at 8:32 p.m.
Respectfully submitted,
Natalie Corral
City Clerk
12.D.
AGENDA
STAFF REPORT
MEETING DATE: 5/7/2024 AGENDA SECTION: CONSENT CALENDAR
SUBJECT:
Appointment of Jim Nelson to the Planning Commission Alternate seat with a term ending on 12/31/2026.
RECOMMENDATION:
Recommendation: That the Mayor, with approval of the full City Council, appoint James Nelson to the Planning Commission to fill the Alternate Commissioner seat with a term ending 12/31/2026.
BACKGROUND:
Mr. Jim Nelson served on the Parking and Traffic Commission from 3/21/2023 to 3/19/2024. On March 19, 2024, the Council approved eliminating the Parking and Traffic Commission. The remaining Parking and Traffic Commission members were invited to apply to serve on the other two city commissions. Mr. Jim Nelson was the only commissioner who expressed interest. If the Council approves the appointment, there will be one (1) vacancy (alternate seat) on the Parks and Rec Commission. Consistent with previous Council direction, the Mayor, council member Martinez, and the Parks & Community Services Director will conduct interviews to fill that vacancy.
Section 2.20.030 of the City of Hanford Municipal Code states that:
"Members of all commissions shall be appointed by the mayor with the approval of a majority of the members of the city council."
FISCAL IMPACT:
ATTACHMENTS:
None
12.E.
AGENDA
STAFF REPORT
MEETING DATE: 5/7/2024 AGENDA SECTION: CONSENT CALENDAR
SUBJECT:
Approval of the Second Reading and Adoption of Ordinance No. 24-04, Amending Section 2.20 and Repealing Section 2.28 of the Hanford Municipal Code, thereby dissolving the Parking and Traffic Commission.
RECOMMENDATION:
Recommendation: That the City Council, by motion, Approve the Second Reading and Adoption of Ordinance No. 24-04, Amending Section 2.20 and Repealing Section 2.28 of the Hanford Municipal Code, thereby dissolving the Parking and Traffic Commission
BACKGROUND
At the January 16, 2024, City Council meeting, the Council discussed the existing vacancies on City Commissions and voted to appoint one (1) Council member, to serve along with the Mayor and the staff liaison to each commission, as the interview panel to fill the vacancies for each respective City Commissions. Interviews were conducted for applicants to the Parks and Recreation Commission and the Parking and Traffic Commission. After the interviews for the Parking and Traffic Commission, the Mayor was notified that a member of the Parking and Traffic commission intended to resign. In discussing that specific commission with staff, staff recommended that Council take up an item to consider dissolving the Parking and Traffic commission.
At the March 19, 2024, City Council meeting, Council provided direction to staff to eliminate the Parking & Traffic commission, which requires this Municipal Code amendment, and inform the remaining Parking and Traffic commissioners of the Council's decision and offer them an opportunity to serve as one of the existing alternate seats on the Planning and Parks and Rec commissions.
FISCAL IMPACT:
ATTACHMENTS:
1. Ordinance No 24-04 P&T Repeal
ORDINANCE NO. 24-04
AN ORDINANCE OF THE CITY OF HANFORD AMENDING HANFORD MUNICIPAL CODE CHAPTERS 2.20 & 2.28 PERTAINING TO CITY COMMISSIONS.
The City Council of the City of Hanford does ordain as follows:
Section 1: Hanford Municipal Code Chapters 2.20 & 2.28 contains regulations for the establishing of the City’s parking and Traffic Commissions.
Section 2: Section 2.20.010 of the Hanford Municipal Code is hereby amended to read as follows:
2.20.010 Establishing city commissions.
The city council does establish the parks and recreation commission, and the planning commission, and is authorized to establish other commissions as required by state law or as deemed necessary.
Section 3: Chapter 2.28 of the Hanford Municipal Code is hereby repealed.
Section 4: This ordinance shall take effect thirty (30) days after its passage and shall be published once in the Hanford Sentinel within fifteen (15) days after its passage or a summary of this ordinance shall be published in the Hanford Sentinel in a manner consistent with the requirements of the California Government Code.
Passed and adopted at a regular meeting of the City Council of the City of Hanford duly called and held on , 2024, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED
ATTEST:
Travis Paden
MAYOR of the City of Hanford
NATALIE CORRAL
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF KINGS ) ss
CITY OF HANFORD )
I NATALIE CORRAL, City Clerk of the City of Hanford, do hereby certify the foregoing ordinance was duly introduced at a regular meeting of the City Council of the City of Hanford on the 2nd day of April, 2024, and it was duly passed and adopted at a regular meeting of the City Council of the City of Hanford held on the day ___ of_______________ , 2024.
NATALIE CORRAL
12.F.
AGENDA
STAFF REPORT
MEETING DATE: 5/7/2024 AGENDA SECTION: CONSENT CALENDAR
SUBJECT:
Approval of a letter of support, on behalf of the City of Hanford, for AB2661 (Soria) Valley Clean Infrastructure Plan.
RECOMMENDATION:
Recommendation: That the City Council, by motion, Approve a letter of support, on behalf of the City of Hanford, for AB2661 (Soria), the Valley Clean Infrastructure Plan.
BACKGROUND:
The City of Hanford has received a request for support of Assembly Bill 2661 (AB 2661), which will be introduced by Assembly Member Esmeralda Soria.
AB 2661 aims to repurpose agricultural lands, no long suitable for farming because of the impact of SGMA, for the purpose of clean energy development. The Valley Clean Infrastructure Plan aims to repurpose up to 130,000 acres of agricultural lands within the District, including lands that are drainage-impaired, impacted by the implementation of the Sustainable Groundwater Management Act (SGMA), or are regularly fallowed due to unreliable surface water supply for solar generation, storage, and transmission.
Working with Westlands, VCIP projects would generate 20 GW of clean energy across the state. This means at full build-out, VCIP could provide up to one-sixth of California’s electricity requirements in 2035 and up to one-tenth of its requirements in 2050.
FISCAL IMPACT:
No fiscal impact to the City of Hanford as a result of supporting this bill.
ATTACHMENTS:
1. AB 2661 - City of Hanford Support Letter
2. VCIP-Fact Sheet, 020924
3. AB 2661 Soria as amended on March 21, 2024 (1)
May 7, 2024
Dear Assemblymember Esmeralda Soria,
On behalf of the City of Hanford, we would like to express our strong support for Assembly Bill 2661, which aims to repurpose marginal agricultural lands for the purpose of clean energy development. Specifically, the bill proposes to repurpose 130,000 acres of agricultural lands within the nation’s largest agricultural water district, Westlands Water District, for solar generation, storage and transmission.
AB 2661 not only offers a sustainable approach to water conservation for remaining agricultural lands but also
promises to bolster our economy through enhanced clean
energy development, securing more positive job
opportunities for our community.
The proposal, known as the Valley Clean Infrastructure Plan (VCIP), would have many wide-ranging benefits to Kings
County residents and farmers, as well as the entire San Joaquin Valley, including:
Producing Clean Energy
Powering an equivalent of approximately nine million homes with clean, renewable power without developing on undisturbed, pristine lands.
Creating New Jobs
Creating an average of 3,000 full-time equivalent construction jobs for at least 10 years and approximately 500 permanent jobs.
Growing the Economy
Embracing both agriculture and solar industries will strengthen and diversify the local economy.
Managing our Limited Water Resources
Concentrating available water supplies on other productive farmland.
Preserving Family Farms
Providing an opportunity for generational family farms to lease lands for long-term temporary solar and energy storage.
Hanford’s history is deeply connected to the agricultural and industrial sectors, and we know that in order for our City to survive and thrive, we must seek out and support any initiative that strengthens them. AB 2661 provides
creative and adaptive solutions to some of our region’s most pressing challenges, and we look forward to its
eventual implementation.
Sincerely,
Travis Paden, Mayor
Valley Clean
Infrastructure Plan
Powering the San Joaquin Valley
and California Forward
The Valley Clean Infrastructure Plan (VCIP) is a development program proposed by Golden State Clean Energy, working with Westlands Water District, to repurpose up to 130,000 acres of drainage-impaired and other agricultural lands within the District for solar generation, energy storage, and electric transmission facilities. The projects developed under VCIP would have the power to significantly move California forward to achieve its 100% clean energy supply goal by the year 2045.
Project Status:
The Notice of Preparation was
released on February 2, 2024,
informing the relevant agencies
and the public that Westlands
intends to prepare a
Programmatic Environmental
Impact Report (PEIR). There are
public scoping meetings
scheduled for February 15
and February 28, 2024. Upon
certification of the final PEIR
and approval of the plan,
the VCIP is expected to have
a 10-year build.
Benefits of VCIP
What is the Valley Clean Infrastructure Plan?
The Valley Clean Infrastructure Plan aims to repurpose up to 130,000 acres of agricultural lands within the District, including lands that are drainage-impaired, impacted by the implementation of the Sustainable Groundwater Management Act (SGMA), or are regularly fallowed due to unreliable surface water supply for solar generation, storage, and transmission. Working with Westlands, VCIP projects would generate 20 GW of clean energy across the state. This means at full build-out, VCIP could provide up to one-sixth of California’s electricity requirements in 2035 and up to one-tenth of its requirements in 2050.1 To learn more about VCIP , visit ValleyCleanInfrastructurePlan.com Clean Energy
l Moves California significantly closer to achieving its clean energy goals by 2045. l Harnesses the sun to make renewable clean electricity to power the equivalent of nine million homes.
Water Management
l Concentrates available water supplies on the most productive farmland in today’s SGMA-era while offering landowners an agriculture-compatible land use opportunity.
Job Creation
l Anticipates creating about 3,000 full-time, good-paying jobs during construction for at least 10 years and 500 permanent jobs for Fresno County.
Economic Growth
l Diversifies and strengthens Fresno County’s economy by embracing both agriculture and clean energy industries
1 2035 demand forecast from the California Energy Commission 2022 Integrated Energy Policy Report and 2050 demand forecast from the May 2021, SB 100 Joint Agency Report.
AMENDED IN ASSEMBLY MARCH 21, 2024
california legislature—2023–24 regular session
ASSEMBLY BILL No. 2661
Introduced by Assembly Member Soria
February 14, 2024
An act relating to water. An act to amend Section 454.57 of the Public Utilities Code, and to add Section 35574 to the Water Code, relating to electricity.
legislative counsel’s digest
AB 2661, as amended, Soria. Water: storage capacity . Electricity:
transmission facility planning: water districts.
(1) Existing law vests the Public Utilities Commission (PUC) with regulatory authority over public utilities. Existing law requires the PUC to adopt a pr ocess for each load-serving entity, as defined, to file an integrated resource plan and a sc hedule for periodic updates to the plan to ensure that it meets, among other things, the state’s targets for reducing emissions of greenhouse gases and the requirement to procure at least 60% of its electricity from eligible renewable energy resources by December 31, 2030. Under e xisting law, after the load-serving entities have updated the inte grated resource plans pur suant to the schedule adopted by the PUC, the PUC adopted an aggregated resource portfolio known as the preferred system plan.
Existing law establishes an Independent System Oper ator (ISO) as a nonprofit public benefit corporation, and requires the ISO to ensure the efficient use and r eliable operation of the electrical tr ansmission grid consistent with the achievement of planning and operating reserve criteria, as specified. Existing law r equires the PUC, in consultation with the State Ener gy Resour ces Conservation and De velopment
98
Commission, to pr ovide, not later than Mar ch 31, 2024, transmission-focused guidance to the ISO about resource portfolios of expected future renewable energy resources and zero-carbon resources.
Existing law requires the guidance to include the allocation of those resources by r egion based on tec hnical feasibility and commer cial interest in each region.
This bill would require the PUC to evaluate the potential for 10,000 to 30,000 megawatts of solar electrical generation located in the Central Valley beyond the amount of solar electrical g eneration described in the most recently adopted preferred system plan as of January 1, 2025.
If the PUC determines that solar electrical g eneration to be cost effective, the bill would require the PUC to provide, no later than the March 31 immediately following that determination,
transmission-focused guidance to the ISO that includes the solar electrical g eneration in the r esource portfolios of e xpected futur e renewable energy resources and zero-carbon resources.
(2) The California Water District Law provides for the establishment of water districts and authorizes a district to construct, maintain, and operate plants for the g eneration of hydr oelectric ener gy and transmission lines for the conveyance of the hydroelectric energy.
This bill would authorize a water district to pr ovide, generate, and deliver zero-emission electricity and to construct, operate, and maintain works, facilities, improvements, and property necessary or convenient for generating and delivering that electricity. The bill would require a district to use the electricity for the district’ s own purposes, and the bill would authorize a district to sell surplus electricity to a public or private entity engaged in the distribution or sale of electricity. The bill would also authorize a district to construct, oper ate, and maintain energy storage systems and electric transmission lines, and to construct, operate, and maintain works, facilities, impr ovements, and pr operty necessary or convenient for the operation of the energy storage system and electric tr ansmission lines, within the boundaries of the district, as specified.
Under existing law, various programs provide funds for water projects and f acilities, including w ater storage. Existing la w requires the Department of Water Resources to operate the State Water Resources Development System, known as the State Water Project, to supply water to persons and entities in the state.
This bill would state the intent of the Legislature to enact subsequent legislation to increase statewide water storage capacity. 98 — 2 — AB 2661
Vote: majority. Appropriation: no. Fiscal committee: no yes. State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 454.57 of the Public Utilities Code is line 2 amended to read:
line 3 454.57. (a) This section shall be known, and may be cited, as line 4 the Accelerating Renewable Energy Delivery Act.
line 5 (b) The Legislature finds and declares all of the following:
line 6 (1) The commission, the Energy Commission, and the State Air line 7 Resources Board have jointly estimated that the state’ s installed line 8 electric generation may need a threefold increase in capacity to line 9 meet state carbon-free electricity policy targets. line 10 (2) Record-setting renewable energy generation build rates are line 11 needed to meet the goals of the California Rene wables Portfolio line 12 Standard Program and the Senate Bill 100 (Chapter 312 of the line 13 Statutes of 2018) target of supplying 100 percent of retail sales of line 14 electricity from rene wable ener gy resources and zero-carbon line 15 resources. However, these build rates are not achie vable without line 16 additional electrical transmission lines and f acilities connecting line 17 new resources to consumers in the state’s load centers. line 18 (3) In recent years, California has seen problems in deli vering line 19 renewable ener gy resources and zero-carbon resources to line 20 customers, including problems caused by constraints on the line 21 transmission system. First, there are generation pockets where the line 22 total potential output from rene wable energy generation exceeds line 23 the capacity of the transmission system to e xport that ener gy. line 24 Second, there are load pock ets where there is insufficient line 25 transmission capacity to import the rene wable energy resources line 26 and zero-carbon resources that are a vailable. Both types of line 27 constraints should be promptly fixed so that all available renewable line 28 energy resources and zero-carbon resources can be deli vered to line 29 customers.
line 30 (4) Reducing the use of nonpreferred resources in disadvantaged line 31 communities has been a priority for those communities, and they line 32 would benefit from increased access to electricity from ne w line 33 renewable energy resources and zero-carbon resources deli vered line 34 to serve in-city loads.
98 AB 2661 — 3 —
line 1 (5) New transmission f acilities have many steps that must be line 2 accomplished before the y are online and deli vering electricity. line 3 Major new transmission lines can tak e more than a decade from line 4 initial planning to operation.
line 5 (6) New transmission f acilities should be planned proacti vely line 6 to support deli very to load centers from e xpected locations for line 7 future rene wable ener gy resource and zero-carbon resource line 8 development, where those locations are identified in the integrated line 9 resource planning process pursuant to Sections 454.52 and 9621 line 10 or as part of longer range planning processes pursuant to Section line 11 454.53.
line 12 (7) The Centr al Valley may have the potential to host line 13 substantially increased amounts of solar ener gy generation and line 14 energy storage beyond current planning assumptions if there were line 15 sufficient tr ansmission capacity to deliver the ener gy to load line 16 centers. The commission, Energy Commission, and Independent line 17 System Operator should consider potential increased development line 18 of solar energy generation and energy storage in the Central Valley line 19 and of the transmission capacity needed to deliver that energy to line 20 load centers.
line 21 (7)
line 22 (8) New transmission facilities should be designed to minimize line 23 the risk of transmission-triggered wildfires.
line 24 (8)
line 25 (9) New transmission facilities should be designed to facilitate line 26 renewable energy transmission across California to better manage line 27 the variability of electrical supply.
line 28 (9)
line 29 (10) The Independent System Operator has issued a 20-Y ear line 30 Transmission Outlook that identifies substantial additional line 31 transmission projects needed to inte grate rene wable ener gy line 32 resources and storage for retail suppliers within the Independent line 33 System Operator balancing authority . Gi ven the scale of this line 34 challenge, there is an urgent need to prioritize and accelerate the line 35 substantial effort needed to build transmission projects with long line 36 development times.
line 37 (c) Recognizing that the Independent System Operator’s Federal line 38 Energy Re gulatory Commission-appro ved tarif f requires the line 39 Independent System Operator to plan and appro ve ne w line 40 transmission facilities needed to achieve the state’s goals, it is the 98 — 4 — AB 2661
line 1 intent of the Le gislature that the Independent System Operator line 2 shall take notice of the state policies expressed in this section. line 3 (d) (1) In support of the state’ s polic y to supply increasing line 4 amounts of electricity from rene wable ener gy resources and line 5 zero-carbon resources pursuant to Article 16 (commencing with line 6 Section 399.11) and Section 454.53, beginning as soon as possible line 7 and not later than March 31, 2024, the commission, in consultation line 8 with the Energy Commission, shall provide transmission-focused line 9 guidance to the Independent System Operator about resource line 10 portfolios of e xpected future rene wable ener gy resources and line 11 zero-carbon resources. The guidance shall include the allocation line 12 of those resources by re gion based on technical feasibility and line 13 commercial interest in each region to allow the Independent System line 14 Operator to identify and approve transmission facilities needed to line 15 interconnect resources and reliably serve the needs of load centers. line 16 (2) (A) For purposes of the next integrated resource plan cycle line 17 after January 1, 2025, the commission shall evaluate the potential line 18 for 10,000 to 30,000 me gawatts of solar electrical g eneration line 19 located in the Centr al Valley, and facilitated by the authority line 20 granted to water districts pursuant to Section 35574 of the Water line 21 Code, beyond the amount of solar electrical generation described line 22 in the most recently adopted preferred system plan as of January line 23 1, 2025.
line 24 (B) If the commission determines that the solar electrical line 25 generation described in subparagraph (A) would be cost effective, line 26 the commission, no later than the March 31 immediately following line 27 that determination, shall provide transmission-focused guidance line 28 to the Independent System Oper ator that includes the solar line 29 electrical generation described in subparagraph (A) in the resource line 30 portfolios of e xpected futur e r enewable ener gy r esources and line 31 zero-carbon r esources. The commission shall coor dinate the line 32 guidance with any master plan of a water district that would line 33 facilitate construction of tr ansmission lines and facilities under line 34 the authority of the water district.
line 35 (e) In providing the guidance described in subdivision (d), the line 36 commission and the Energy Commission shall provide projections line 37 each year , including from the inte grated ener gy polic y report line 38 prepared pursuant to Section 25302 of the Public Resources Code line 39 and the load-serving entities’ integrated resource plans prepared line 40 pursuant to Section 454.52, to support planning and approvals by 98 AB 2661 — 5 —
line 1 the Independent System Operator in its annual transmission line 2 planning process, including by doing all of the following:
line 3 (1) Providing projections of resource portfolios and electricity line 4 demand by re gion for at least 15 years into the future to ensure line 5 adequate lead time for the Independent System Operator to analyze line 6 and approve transmission development, and for the permitting and line 7 construction of the approved facilities, to meet the projections. line 8 (2) Providing load gro wth projections, including projected line 9 growth from b uilding and transportation electrification, that are line 10 consistent with achie ving the economywide greenhouse g as line 11 emissions reductions required pursuant to Di vision 25.5 line 12 (commencing with Section 38500) of the Health and Safety Code. line 13 (3) Providing projections of ne w renewable energy resources line 14 and zero-carbon resources consistent with the build rates necessary line 15 to achieve the targets established in Article 16 (commencing with line 16 Section 399.11) and Section 454.53.
line 17 (4) (A) Providing resource projections that, combined with line 18 transmission capacity e xpansions, are e xpected to substantially line 19 reduce, no later than 2035, the need to rely on nonpreferred line 20 resources in local capacity areas.
line 21 (B) The resource projections in subparagraph (A) shall include line 22 consideration of cost-ef fective and feasible alternati ves to line 23 transmission capacity e xpansions, including the use of ener gy line 24 storage resources, rene wable ener gy resources, or zero-carbon line 25 resources that are located within the local capacity areas. line 26 (5) Providing projections for of fshore wind generation as line 27 identified by the SB 100 Joint Agency Report of the commission, line 28 the Energy Commission, and the State Air Resources Board, and line 29 informed by the strategic plan developed pursuant to Section 25991 line 30 of the Public Resources Code, to allo w the Independent System line 31 Operator to identify and appro ve transmission f acilities needed line 32 from offshore wind resource areas that would be sufficient to make line 33 offshore wind resources fully deliverable to load centers. line 34 (6) Providing projections for increases in imports of electricity line 35 into the state that reflect the e xpected development of renewable line 36 energy resources and zero-carbon resources in other parts of the line 37 Western Interconnection for the purpose of delivering clean energy line 38 to California balancing authorities.
line 39 (f) On or before January 15, 2023, the commission shall request line 40 the Independent System Operator to do both of the following:
98 — 6 — AB 2661
line 1 (1) Identify, based as much as possible on studies completed line 2 before January 1, 2023, by the Independent System Operator and line 3 projections provided before January 1, 2023, by the commission line 4 and the Ener gy Commission, the highest priority transmission line 5 facilities that are needed to allo w for increased transmission line 6 capacity into local capacity areas to deli ver rene wable ener gy line 7 resources or zero-carbon resources that are e xpected to be line 8 developed by 2035 into those areas.
line 9 (2) Consider whether to approve transmission projects identified line 10 pursuant to paragraph (1) as part of its 2022–23 transmission line 11 planning process.
line 12 (g) It is the polic y of the state that ne w transmission facilities line 13 be built on a timely basis and in anticipation of ne w electrical line 14 generation that will be built to meet the state’s renewable energy line 15 resource and zero-carbon resource targets, with interim targets for line 16 transmission capacity additions that demonstrate adequate progress line 17 toward meeting these long-term transmission needs. The line 18 commission shall request that the Independent System Operator line 19 implement this policy by approving transmission projects needed line 20 based on a longer planning period supported by the guidance line 21 provided pursuant to subdivisions (d) and (e). The projects should line 22 be appro ved in time to be online when needed, considering line 23 permitting and construction lead times.
line 24 (h) It is the policy of the state that planning for new transmission line 25 facilities considers the following goals:
line 26 (1) Minimizing the risk of wildfire.
line 27 (2) Increasing systemwide reliability and cost efficienc y, line 28 including through the sharing of di verse electrical generation line 29 resources within California and with other parts of the Western line 30 Interconnection.
line 31 (3) Eliminating transmission constraints that prevent electrical line 32 generation resources from deli vering to the wider grid and that line 33 prevent importing energy into load pockets.
line 34 (i) For purposes of this section, the following definitions apply:
line 35 (1) “Local capacity area” means a transmission constrained load line 36 pocket, as identified by the Independent System Operator, where line 37 local generation capacity is needed for reliability due to insufficient line 38 transmission capacity into the load pock et to meet electricity line 39 demand with electricity from outside of the load pocket. 98 AB 2661 — 7 —
line 1 (2) “Nonpreferred resources” means electrical generation line 2 resources that are not renewable energy resources or zero-carbon line 3 resources pursuant to Section 454.53.
line 4 SEC. 2. Section 35574 is added to the Water Code, to read:
line 5 35574. (a) For purposes of this section, the following line 6 definitions apply:
line 7 (1) “For its own purposes” means a district performing only line 8 functions within its capacity as a water district, including, but not line 9 be limited to, any of the following:
line 10 (A) Pumping operations.
line 11 (B) Water treatment operations.
line 12 (C) Barrier intrusion operations.
line 13 (D) Desalination operations.
line 14 (2) “Zero-emission electricity” includes electricity g enerated line 15 by a hydroelectric generation facility, regardless of the capacity line 16 of the generation facility, or electricity from a renewable electrical line 17 generation facility, as that term is defined in Section 25741 of the line 18 Public Resources Code.
line 19 (b) (1) A district may pr ovide, g enerate, and deliver line 20 zero-emission electricity, and may construct, operate, and maintain line 21 any and all works, facilities, impr ovements, and pr operty, or line 22 portions ther eof, necessary or con venient for g enerating and line 23 delivering that electricity.
line 24 (2) An electric powerplant or tr ansmission line constructed line 25 pursuant to this subdivision may be leased for operation. line 26 (3) The electricity generated pursuant to this subdivision shall line 27 be used by a district for its own purposes. A district may sell line 28 surplus electricity to a public or private entity that is enga ged in line 29 the distribution or sale of electricity.
line 30 (c) A district may construct, oper ate, and maintain an ener gy line 31 storage system, and all works, facilities, impr ovements, and line 32 property, or portions ther eof, necessary or con venient for the line 33 operation of an ener gy storage system, within the boundaries of line 34 the district, r egardless of whether the ener gy storage system is line 35 interconnected to or dir ectly charged by an electric powerplant line 36 constructed pursuant to subdivision (a). An energy storage system line 37 constructed pur suant to this subdivision may be leased for line 38 operation. A district may oper ate an energy storage system in a line 39 manner intended, as determined by the district, to incr ease the line 40 economic value of the energy storage system and the district is not 98 — 8 — AB 2661
line 1 required to use the disc harging energy for its own purposes. A line 2 district may pur chase disc harging ener gy thr ough a mark et line 3 administered by the Independent System Operator or from a public line 4 or private entity that is enga ged in the distrib ution or sale of line 5 electricity. A district may sell discharging energy and any attributes line 6 of the ener gy storage system thr ough a mark et administered by line 7 the Independent System Operator or to any public or private entity line 8 that is engaged in the distribution or sale of electricity. line 9 (d) A district may construct, oper ate, and maintain electrical line 10 transmission lines and all works, facilities, impr ovements, and line 11 property, or portions ther eof, necessary or con venient for the line 12 conveyance of electricity within the boundaries of the district, line 13 regardless of whether the tr ansmission lines ar e used for the line 14 purpose of con veying electricity fr om an electric powerplant line 15 constructed pur suant to subdivision (a). Transmission lines line 16 constructed pur suant to this subdivision may be leased for line 17 operation. A district may sell the rights to use tr ansmission lines line 18 constructed pursuant to this subdivision to any public or private line 19 entity that is engaged in the distribution or sale of electricity. line 20 (e) This section does not authorize a district to provide, sell, or line 21 deliver electricity at retail.
line 22 (f) A district shall not acquir e pr operty employed in the line 23 generation or delivery of electricity for public or private utility line 24 purposes, except by mutual a greement between the district and line 25 the owner of that property.
line 26 SECTION 1. It is the intent of the Le gislature to enact line 27 subsequent legislation to increase statewide water storage capacity.
O
98 AB 2661 — 9 —
12.G.
AGENDA
STAFF REPORT
MEETING DATE: 5/7/2024 AGENDA SECTION: CONSENT CALENDAR
SUBJECT:
Introduction of Ordinance No. 24-05, amending Chapter 3.28 of the Hanford Municipal Code to allow for the reestablishment of the Central Parking and Business Improvement Area Advisory Board as required by the Hanford Municipal Code in order to bring the Board's make-up in line with other City Committees/Commissions.
RECOMMENDATION:
Recommendation: That the City Council, by motion, approve the Introduction of Ordinance No. 24- 05, amending Chapter 3.28 of the Hanford Municipal Code to allow for the reestablishment of the Central Parking and Business Improvement Area Advisory Board as required by the Hanford Municipal Code.
BACKGROUND
On April 2, 2024, staff presented the Council with the Final draft of the Downtown Strategic Plan. As part of that plan, there were recommendations to work with Downtown "stakeholders" and "community partners" to help advise and participate in the Plan's implementation process. The City's Municipal Code establishes a Business Improvement Area, which requires a seven-member board, comprised of business owners in the Downtown, that is tasked with making recommendations to Council on funding and other matters in the Business Improvement Area as it relates to the following:
A. The acquisition, construction or maintenance of parking facilities for the benefit of the area; B. The decoration of any public place in the area;
C. The promotion of public events which are to take place on or in public places in the area; D. The furnishing of music in any public place in the area; and E. The general promotion of retail trade activities in the area.
The Business Improvement Area Board may be the appropriate advisory group to provide recommendations on the Plan's implementation. To move forward with the implementation of the Plan, Staff is recommending that the Business Improvement Area Board be re-established within the adopted district boundaries. To ensure that the BID has broad representation among the entire Area, City planning staff created a district map that includes seven districts (each district contains an equal number of businesses). Parcels zoned exclusively for residential uses were excluded from the district map since they do not pay a business licenses tax and cannot establish storefront businesses.
The proposed ordinance amendments will
• Increase the terms of the board members to be consistent with other City commissions; • Amend the duties of the board to go beyond simple budget matters • Update various sections related to Business Licensing to be consistent with the current
version of Chapters 5.04 and 5.08.
• Amended budget cycle language to be consistent with the City's 2-year budget process.
FISCAL IMPACT:
No impact to the General Fund
ATTACHMENTS:
1. HMC Ordinance 24-05 BID
2. Chapter 3.28 CENTRAL PARKING AND BUSINESS IMPROVEMENT AREA - Redline
1 ORDINANCE NO. 24-05
AN ORDINANCE OF THE CITY OF HANFORD AMENDING CHAPTER 3.28 OF TITLE 3, GOVERNING THE CENTRAL PARKING AND BUSINESS
IMPROVEMENT AREA
The City Council of Hanford does ordain as follows:
Section 1. Chapter 3.28 of Title 3 is amended in the Hanford Municipal Code, to read as follows:
Chapter 3.28
CENTRAL PARKING AND BUSINESS IMPROVEMENT AREA
3.28.010 Authority.
3.28.020 Designation.
3.28.030 Area description.
3.28.040 Use of regular business license taxes within area.
3.28.050 Imposition of tax.
3.28.060 Initial rate of increase or additional levy of business license tax.
3.28.070 Definitions and classifications.
3.28.080 Collection of tax.
3.28.090 Exemption—Voluntary contributions.
3.28.100 Enforcement of provisions.
3.28.110 Proposed uses.
3.28.120 Advisory board.
3.28.130 Regular and additional revenues—Deposits.
3.28.140 Central parking and improvement fund—Established.
3.28.150 Central parking and improvement fund—Use of funds.
3.28.010 Authority.
2 This chapter is adopted pursuant to the authority of the “Parking and Business Improvement Area Law of 1965,” being Sections 36000 et seq. of the Streets and Highway Code of the state. (Prior code § 3-6.101)
3.28.020 Designation.
There is created and established a parking and business improvement area designated as the “central parking and business improvement area of the city of Hanford,” hereinafter for brevity and convenience referred to as “area.” (Prior code § 3-6.102)
3.28.030 Area description.
A description of the exterior boundaries of said central parking and business improvement area of the city is as follows:
All that certain area situated in the city of Hanford, county of Kings, state of California, more particularly described as follows:
Beginning at the intersection of the center line of Redington Street and Ivy Street; thence northerly along the center line of Redington Street approximately 660 feet to its intersection with the center line of Elm Street; thence easterly along the center line of Elm Street approximately 1,500 feet to the center line of Harris Street; thence southerly along the center line of Harris Street approximately 660 feet to the center line of Ivy Street; thence easterly along the center line of Ivy Street approximately 2,150 feet to the east line of Section 25, said east line being located in the 10th Avenue right-of-way; thence southerly along the east line of said Section 25 approximately 1,300 feet to the north boundary line of the territory annexed by Ordinance No. 651; thence easterly along the boundary line of said annexed territory approximately 190 feet to an angle point in said boundary line, said point being located 10 feet east of the northeast corner of Lot 6 of Block 1 of Orange Addition and also being located on the east line of Assessor’s Parcel No. 14-211-10; thence southerly along said line of Assessor’s Parcel No. 14-211-10 and its southerly prolongation thereof approximately 180 feet to the south line of Section 30, said:
line being located in the Lacey Boulevard right-of-way; thence easterly along the south line of Section 30 a distance of approximately 52.5 feet to its point of intersection with the northeast corner of the territory annexed by Ordinance No. 693, said point being located on a northerly prolongation of the east line of Assessor’s Parcel No. 16-011-12 and being also located 12.5 feet east of a northerly prolongation of the west line of Lot 9 of Block X of Manasse and Simon Addition; thence southerly along the east line of the territory annexed by Ordinance No. 693 a distance of approximately 200 feet to the southeast corner of said annexed territory, said corner being located on the south line of the alley in Block X; thence westerly along the south line of last said annexed territory a distance of approximately 242.5 feet to the east line of Section 36, said line being located in the 10th Avenue right-of-way; thence southerly along said section line in 10th Avenue approximately 1,200 feet to its intersection with the construction center line of State Highway 198; thence westerly along said construction center line of State Highway 198 approximately 4,280 feet to its point of intersection with the east line of the A.T.&S.F. Railroad right-of- way, said line being also an east line for the right-of-way for the former City street
3 named Thornton Street; thence northerly along the east line of said railroad right-of-way and said former street right-of- way and its northerly prolongation thereof to its point of intersection with the south line of Section 25; thence westerly along the south line of said Section 25 approximately 150 feet to its point of intersection with the center line of Park Avenue; thence northerly along the center line of Park Avenue approximately 1,500 feet to its intersection with the center line of Ivy Street; thence easterly along the center line of Ivy Street approximately 1,050 feet to the point of beginning. (Prior code § 3-6.103)
3.28.040 Use of regular business license taxes within area.
Effective July 1, 1975, all revenue from the regular business license taxes collected pursuant to Chapters 5.04 and 5.08 within the central parking and business improvement area of the city of Hanford shall be credited to the central parking and improvement fund for use as established by Sections 3.28.140 and 3.28.150. (Prior code § 3-6.104)
3.28.050 Imposition of tax.
Effective July 1, 1975, there is imposed an initial rate of increase or additional levy of business license tax upon all permanent businesses located within the boundaries of the central parking and business improvement area of the city established by this chapter and which businesses are required to pay a business license tax upon a monthly or quarterly basis under the provisions of Chapter 5.04. (Prior code § 3-6.105)
3.28.060 Initial rate of increase or additional levy of business license tax.
The additional levy of the license tax imposed upon businesses within said area is hereby fixed, levied, determined and established as follows:
A. An amount equal to one hundred (100) percent of the business license taxes imposed by Chapters 5.04 and 5.08, and subsequent amendments thereto, as the same applies to permanent businesses located within said proposed area and which are required to pay a license tax, excluding those businesses which pay license fees based upon average monthly gross receipts; and
B. When the amount of the license fee required by the provisions of Chapters 5.04 and 5.08, and subsequent amendments thereto, applies to permanent businesses located within said proposed area which pay a license tax based upon the amount of gross receipts from the sales of business transacted, the additional levy imposed shall be as follows:
1. An amount equal to one hundred (100) percent on gross annual sales up to five hundred thousand dollars ($500,000.00) per business,
2. An amount equal to fifty (50) percent on all portions of gross annual sales between five hundred thousand dollars ($500,000.00) and one million dollars ($1,000,000.00) per business, and
4 3. An amount equal to twenty-five percent (25) on all portions of gross annual sales exceeding one million dollars ($1,000.000.00) per business. (Prior code § 3-6.106)
3.28.070 Definitions and classifications.
The definitions and classifications of business shall be determined by the definitions and classifications set forth in Chapter 5.04 and 5.08 as the same apply to businesses within the area. (Prior code § 3-6.107)
3.28.080 Collection of tax.
The collection of the initial rate of increase or additional levy of business license tax imposed by this chapter shall be made at the same time and in the same manner as the ordinary business license taxes of the city under the provisions of Chapter 5.04 and 5.08 as the same apply to businesses which are required to pay a license tax upon a monthly or quarterly basis. Such tax shall be computed in the manner provided for in Chapter 5.04 and 5.08 and shall be due and payable and subject to the same penalties for delinquencies as provided in Chapter 5.04 and 5.08 of this title as the same applies to businesses paying a regular business license tax on a quarterly or monthly basis. (Prior code § 3-6.108)
3.28.090 Exemption—Voluntary contributions.
Any business, person or institution located within said area, or which is exempt from the payment of the ordinary business license taxes of the city by reason of the laws of the United States or the state shall not be taxed under this chapter but may make a voluntary contribution to the city. Such contributions shall be used for the purposes provided in Section 3.28.110. (Prior code § 3-6.109)
3.28.100 Enforcement of provisions.
It shall be the duty of the director of finance and his or her designee to enforce the provisions of this chapter. The director of finance and his or her designee shall have the power to enforce business license requirements as set forth in Chapter 5.04
3.28.110 Proposed uses.
The uses to which the business license tax imposed by Chapter 5.04 and 5.08 and the additional revenues received by the initial rate of increase or additional levy of business license tax imposed by this chapter and all voluntary contributions are to be put are as follows:
A. The acquisition, construction or maintenance of parking facilities for the benefit of the area;
B. The decoration of any public place in the area;
5 C. The promotion of public events which are to take place on or in public places in the area; D. The furnishing of music in any public place in the area; and E. The general promotion of retail trade activities in the area. (Prior code § 3-6.111)
3.28.120 Advisory board.
For the sole purpose of advising the council and making recommendations on the operation and extent of the area, the methods and ways in which the revenue derived from the levy of the license tax imposed by this chapter shall be used within the scope of the purposes set forth in Section 3.28.110, of this article, and to have and to perform such other powers and duties as the council may determine, there shall be created an advisory board, which shall consist of seven (7) members to be appointed by the mayor, with the concurrence of the council, for a term of four (4) years, to serve at the pleasure of the mayor and the council, said members to be persons who have businesses within the area that pay an additional levy of license tax as provided for by this chapter. The council may, approve a budget, consistent with the budget cycle used by the City. to include an estimate of expenditures to be made to carry out the purposes of the central parking and business improvement area of the city. (Prior code § 3-6.112)
3.28.130 Regular and additional revenues—Deposits.
The revenues received by the business license tax imposed by Chapters 5.04 and 5.08 from businesses within the area and the additional rate of increase or additional levy of business license tax imposed by this chapter and all voluntary contributions shall be deposited in the central parking and improvement fund created by Section 3.28.140. (Prior code § 3-6.113)
3.28.140 Central parking and improvement fund—Established.
There is established in the city a fund to be designated as the “central parking and improvement fund.” (Prior code § 3-6.201)
3.28.150 Central parking and improvement fund—Use of funds.
All revenues deposited in the central parking and improvement fund shall be used for the following purposes:
A. The acquisition, construction or maintenance of parking facilities for the benefit of the area;
B. The decoration of any public place in the area;
C. The promotion of public events which are to take place on or in public places in the area; D. The furnishing of music in any public place in the area; and
6 E. The general promotion of retail trade activities in the area.
Section 2: This Ordinance shall take effect thirty (30) days after its adoption and shall be published once in the Hanford Sentinel within fifteen (15) days after its passage or a summary of this ordinance shall be published in the Hanford Sentinel in a manner consistent with the requirements of the California Government Code.
PASSED, ADOPTED AND APPROVED this ____ day of _________, 2024 by the following vote:
AYES: __________________________________________________________________ NOES: __________________________________________________________________ ABSTAIN: __________________________________________________________________ ABSENT: __________________________________________________________________ ___________________________
TRAVIS PADEN
MAYOR of the City of Hanford
Attest:
_____________________________________
NATALIE CORRAL
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF KINGS ) ss
CITY OF HANFORD )
I, ________________________, City Clerk of the City of Hanford, do hereby certify the foregoing Ordinance was duly passed and adopted at a regular meeting of the City Council of the City of Hanford held on the ______ day of __________________, 2024.
Date: _______________________ ________________________________ City Clerk
Hanford, California Municipal Code
Title 3 REVENUE AND FINANCE
Chapter 3.28 CENTRAL PARKING AND BUSINESS IMPROVEMENT
AREA
3.28.010 Authority.
3.28.020 Designation.
3.28.030 Area description.
3.28.040 Use of regular business license taxes within area.
3.28.050 Imposition of tax.
3.28.060 Initial rate of increase or additional levy of business license tax.
3.28.070 Definitions and classifications.
3.28.080 Collection of tax.
3.28.090 Exemption—Voluntary contributions.
3.28.100 Enforcement of provisions.
3.28.110 Proposed uses.
3.28.120 Advisory board—Budget.
3.28.130 Regular and additional revenues—Deposits.
3.28.140 Central parking and improvement fund—Established.
3.28.150 Central parking and improvement fund—Use of funds.
3.28.010 Authority.
This chapter is adopted pursuant to the authority of the “Parking and Business Improvement Area Law of 1965,” being Sections 36000 et seq. of the Streets and Highway Code of the state. (Prior code § 3-6.101)
3.28.020 Designation.
There is created and established a parking and business improvement area designated as the “central parking and business improvement area of the city of Hanford,” hereinafter for brevity and convenience referred to as “area.” (Prior code § 3-6.102)
3.28.030 Area description.
A description of the exterior boundaries of said central parking and business improvement area of the city is as follows:
All that certain area situated in the city of Hanford, county of Kings, state of California, more particularly described as follows:
Beginning at the intersection of the center line of Redington Street and Ivy Street; thence northerly along the center line of Redington Street approximately 660 feet to its intersection with the center line of Elm Street; thence easterly along the center line of Elm Street approximately 1,500 feet to the center line of Harris Street; thence southerly along the center line of Harris Street approximately 660 feet to the center line of Ivy Street; thence easterly along the center line of Ivy Street approximately 2,150 feet to the east line of Section 25, said east line being located in the 10th Avenue right-of-way; thence southerly along the east line of said Section 25 approximately 1,300 feet to the north boundary line of the territory annexed by Ordinance No. 651; thence easterly along the boundary line of said annexed territory approximately 190 feet to an angle point in said boundary line, said point being located 10 feet east of the northeast corner of Lot 6 of Block 1 of Orange Addition and also being located on the east line of Assessor’s Parcel No. 14-211-10; thence southerly along said line of Assessor’s Parcel No. 14-211-10 and its southerly prolongation thereof approximately 180 feet to the south line of Section 30, said: line being located in the Lacey Boulevard right-of-way; thence easterly along the south line of Section 30 a distance of approximately 52.5 feet to its point of intersection with the northeast corner of the territory annexed by Ordinance No. 693, said point being located on a northerly prolongation of the east line of Assessor’s Parcel No. 16-011-12 and being also located 12.5 feet east of a northerly prolongation of the west line of Lot 9 of Block X of Manasse and Simon Addition; thence southerly along the east line of the territory annexed by Ordinance No. 693 a distance of approximately 200 feet to the southeast corner of said annexed territory, said corner being located on the south line of the alley in Block X; thence westerly along the south line of last said annexed territory a distance of approximately 242.5 feet to the east line of Section 36, said line being located in the 10th Avenue right-of-way; thence southerly along said section line in 10th Avenue approximately 1,200 feet to its intersection with the construction center line of State Highway 198; thence westerly along said construction center line of State Highway 198 approximately 4,280 feet to its point of intersection with the east line of the A.T.&S.F. Railroad right-of- way, said line being also an east line for the right-of-way for the former City street named Thornton Street; thence northerly along the east line of said railroad right-of-way and said former street right-of- way and its northerly prolongation thereof to its point of intersection with the south line of Section 25; thence westerly along the south line of said Section 25 approximately 150 feet to its point of intersection with the center line of Park Avenue; thence northerly along the center line of Park Avenue approximately 1,500 feet to its intersection with the center line of Ivy Street; thence easterly along the center line of Ivy Street approximately 1,050 feet to the point of beginning. (Prior code § 3-6.103)
3.28.040 Use of regular business license taxes within area.
Effective July 1, 1975, all revenue from the regular business license taxes collected pursuant to Chapters 5.04 and 5.08 within the central parking and business improvement area of the city of Hanford shall be credited to the central parking and improvement fund for use as established by Sections
3.28.140 and 3.28.150 . (Prior code § 3-6.104)
3.28.050 Imposition of tax.
Effective July 1, 1975, there is imposed an initial rate of increase or additional levy of business license tax upon all permanent businesses located within the boundaries of the central parking and business improvement area of the city established by this chapter and which businesses are required to pay a business license tax upon a monthly or quarterly basis under the provisions of Chapter 5.04. (Prior code § 3-6.105)
3.28.60 Initial rate of increase or additional levy of business license tax.
The additional levy of the license tax imposed upon businesses within said area is hereby fixed, levied, determined and established as follows:
A. An amount equal to one hundred (100) percent of the business license taxes imposed by Chapters 5.04 and 5.08, and subsequent amendments thereto, as the same applies to permanent businesses located within said proposed area and which are required to pay a license tax upon a monthly or quarterly basis, excluding those businesses which pay quarterly license fees based upon average monthly gross receipts; and
B. When the amount of the license fee required by the provisions of Chapters 5.04 and 5.08, and subsequent amendments thereto, applies to permanent businesses located within said proposed area which pay a quarterly license tax based upon the amount of gross receipts from the sales of business transacted, the additional levy imposed shall be as follows:
1. An amount equal to one hundred (100) percent on gross annual sales up to five hundred thousand dollars ($500,000.00) per business,
2. An amount equal to fifty (50) percent on all portions of gross annual sales between five hundred thousand dollars ($500,000.00) and one million dollars ($1,000,000.00) per business, and
3. An amount equal to twenty-five percent (25) on all portions of gross annual sales exceeding one million dollars ($1,000.000.00) per business. (Prior code § 3-6.106)
3.28.070 Definitions and classifications.
The definitions and classifications of business shall be determined by the definitions and classifications set forth in Chapter 5.04 and 5.08 as the same apply to businesses within the area. (Prior code § 3-6.107)
3.28.080 Collection of tax.
The collection of the initial rate of increase or additional levy of business license tax imposed by this chapter shall be made at the same time and in the same manner as the ordinary business license taxes of the city under the provisions of Chapter 5.04 and 5.08 as the same apply to businesses which are required to pay a license tax upon a monthly or quarterly basis. Such tax shall be computed in the manner provided for in Chapter 5.04 and 5.08 and shall be due and payable and subject to the same penalties for delinquencies as provided in Chapter 5.04 and 5.08 of this title as the same applies to businesses paying a regular business license tax on a quarterly or monthly basis. (Prior code § 3-6.108)
3.28.090 Exemption—Voluntary contributions.
Any business, person or institution located within said area, or which is exempt from the payment of the ordinary business license taxes of the city by reason of the laws of the United States or the state shall not be taxed under this chapter but may make a voluntary contribution to the city. Such contributions shall be used for the purposes provided in Section 3.28.110 . (Prior code § 3-6.109)
3.28.100 Enforcement of provisions.
It shall be the duty of the director of finance and his or her designee deputies to enforce the provisions of this chapter. The director of finance and his or her designee deputies and the police officers shall have the power to enforce business license requirements as set forth in Chapter
5.04enter, free of charge, at any time, any place of business for which such license is required and to demand the exhibition of such license. It shall be the duty of all police officers to cause complaints to be filed against all persons violating any of the provisions of this chapter. (Prior code § 3-6.110)
3.28.110 Proposed uses.
The uses to which the business license tax imposed by Chapter 5.04 and 5.08 and the additional revenues received by the initial rate of increase or additional levy of business license tax imposed by this chapter and all voluntary contributions are to be put are as follows:
A. The acquisition, construction or maintenance of parking facilities for the benefit of the area; B. The decoration of any public place in the area;
C. The promotion of public events which are to take place on or in public places in the area; D. The furnishing of music in any public place in the area; and E. The general promotion of retail trade activities in the area. (Prior code § 3-6.111)
3.28.120 Advisory board—Budget.
For the sole purpose of advising the council and making recommendations on the operation and extent of the area, the methods and ways in which the revenue derived from the levy of the license tax imposed by this chapter shall be used within the scope of the purposes set forth in Section 3.28.110 , of this article, and to have and to perform such other powers and duties as the council may determine, there shall be created an advisory board, which shall consist of seven (7) members to be appointed by the mayor, with the concurrence of the council, for a term of one four (4) years, to serve at the pleasure of the mayor and the council, said members to be persons who have businesses within the area that pay an additional levy of license tax as provided for by this chapter. The council may, annually approve a budget , consistent with the budget cycle used by the City. to include an estimate of expenditures to be made to carry out the purposes of the central parking and business improvement area of the city. (Prior code § 3-6.112)
3.28.130 Regular and additional revenues—Deposits.
The revenues received by the business license tax imposed by Chapters 5.04 and 5.08 from businesses within the area and the additional rate of increase or additional levy of business license tax imposed by this chapter and all voluntary contributions shall be deposited in the central parking and improvement fund created by Section 3.28.140 . (Prior code § 3-6.113)
3.28.140 Central parking and improvement fund—Established.
There is established in the city a fund to be designated as the “central parking and improvement fund.” (Prior code § 3-6.201)
3.28.150 Central parking and improvement fund—Use of funds.
All revenues deposited in the central parking and improvement fund shall be used for the following purposes:
A. The acquisition, construction or maintenance of parking facilities for the benefit of the area; B. The decoration of any public place in the area;
C. The promotion of public events which are to take place on or in public places in the area; D. The furnishing of music in any public place in the area; and E. The general promotion of retail trade activities in the area. (Prior code § 3-6.202)