City of Hanford Municipal Code Title 17 - Zoning Ordinance 231
17.68.100Application process.
Review of any application for construction, installation and operation of a WCF identified in Section 17.68.090 as requiring a permit shall comply with the following provisions in addition to the applicable provisions of Chapter 17.72 and 17.80:
A. Each applicant shall submit a site plan and elevation view drawn to scale and other supporting drawings, calculations, and documents, signed by appropriate licensed professionals, showing the location and dimension of all improvements, including information concerning topography, radio frequency coverage, tower height, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information deemed by the Community Development Director to be necessary to determine compliance with the provisions of this chapter.
B. Each applicant shall provide the Community Development Director an inventory of its existing towers and those towers it intends to construct within ten (10) years of the date of its application that are located or will be located within the city limits or within one-quarter mile thereof. The Community Development Director may share information with other applicants applying for permits to construct antennas/towers for the purpose of encouraging co-location, provided however, that the Community Development Director is not, by sharing such information, in any way representing or warranting that such sites are available or suitable for co-location.
C. The information requested in this Subsection B of this section shall not be made available to the general public except as may be required by Federal, State or local law, ordinances or rules and regulations related thereto.
D. The Community Development Director may retain a consultant at the applicant’s expense to review the application and make determinations and recommendations on issues including, but not limited to:
1. Compliance with radio frequency emission standards;
2. Possible granting of exceptions to the development standards in this chapter;
3. The identification of alternative solutions when the Community Development Director believes that the proposed facilities may create a significant impact to the surrounding area; or
4. Proposals for the installation of new towers or antennas.
17.68.110Appeals.
An appeal of the decision of the Community Development Director or of the Planning Commission on a WCF application shall be processed in accordance with the appeal provisions of Chapter
17.70. 17.68.120 Review criteria.
Every application must comply with the following development standards:
A. Radio Frequency. The applicant must submit documentation demonstrating that use of the WCF will not result in levels of radio frequency emissions which will exceed Federal Communication Commission (FCC) standards. Such documentation shall not be required for amateur radio antenna structures or for antennas installed for home entertainment purposes.
Commented [TM197]: The granting of exceptions is a
discretionary action.
Commented [TM198]: This is definitely a discretionary action that will trigger CEQA.
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B. Structural Integrity. WCF with support structures must be constructed to Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard titled “Structural Standards for Steel Antenna Towers and Antenna Supporting Structures” (or equivalent), as it may be updated or amended. Antenna/towers supported by guy wires are prohibited within the city.
C. Lighting. WCF shall not be artificially lighted, except for:
1. Security and safety lighting of equipment buildings if such lighting is appropriately shielded to keep light within the boundaries of the site; and
2. Lighting of the tower or antenna may be required by the Federal Aviation Administration or other applicable authority. Said lighting is to be installed in a manner to minimize impacts on adjacent properties.
D. Security. WCF with tower/antenna structures shall be enclosed by a security fence not less than six (6) feet in height and the structure shall be equipped with an appropriate anti-climbing device.
E. Noise. A description of all audible noise generating equipment, including the times and decibel levels of the noise which will be produced shall be submitted with the application for the project. No equipment shall be operated at a WCF which produces noise in excess of the applicable noise standards stated in the Hanford General Plan and the Hanford Municipal Code. In emergency situations requiring the use of a backup generator, the noise standards may be exceeded on a temporary basis as determined by the community development department.
F. Landscaping. The following requirements shall govern the landscaping surrounding WCF sites:
1. The site shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from adjacent property. The standard buffer shall consist of a landscaped strip at least five (5) feet wide outside the perimeter of the compound’s fence. In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived altogether in the discretion of the Community Development Director and where applicable, the Planning Commission.
2. Existing mature tree growth and natural land forms on the site shall be preserved to the extent feasible, as determined by the Community Development Director; provided, however, vegetation causing interference with the antennas or inhibits access to the equipment facility may be trimmed.
G. Painting. All equipment, antennas, poles or towers shall have a non-reflective finish and shall be painted or otherwise treated to minimize visual impacts. Antennas which will be viewed primarily against the skyline shall be painted light gray or light blue or other sky blending color.
WCF with tower antenna structures shall be designed and painted to blend in with existing surroundings to the extent feasible as determined by the community development department, including the use of compatible colors. Equipment facilities shall, to the extent practicable, use materials, colors and textures that will blend with the natural setting and existing building environment.
H. Visual Aesthetics. To minimize overall visual impact, new wireless communication facilities shall be co-located with existing facilities and with other planned new facilities whenever possible.
Commented [TM199]: This is another example of discretionary authority. To eliminate discretionary authority, the paragraph should be modified to set forth or identify objective standards established elsewhere that identify the circumstances under which landscaping will not be needed; alternatively, landscaping should be required under all circumstances.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 233
In addition, service providers shall co-locate antennas with other facilities such as water tanks, light standards, and other utility structures where the co-location is found to minimize the overall visual impact. Conditions of approval shall require all applicants to cooperate in the placement of equipment and antennas to accommodate the maximum number of providers at a single site and require an applicant to allow for future co-location of additional antennas at its site.
Antenna/towers with guy wires are prohibited. Cables leading from the antenna to the ground base equipment be neatly bundled and securely fastened to the antenna/tower and be underground from the antenna/tower to the equipment room.
17.68.130 Federal and state regulations.
A. All towers/antenna structures must meet or exceed current standards and regulations of the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC), the California Public Utilities Commission (CPUC) and any other agency of the federal or state government with the authority to regulate towers and antennas.
B. If said standards and regulations are modified or amended and require pre-existing WCFs to comply with the new or amended standards or regulations, the owners and operators of the towers and antennas shall bring their towers and antennas into compliance with the revised standards and regulations within six (6) months of the effective date of the new standards and regulations, unless the new standards or regulations or the applicable federal or state agency identify a different and specific compliance period, in which case the owners and operators of the towers and antennas shall bring their towers and antennas into compliance within that specific compliance period.
C. Failure to bring towers and antennas into compliance with the revised standards and regulations shall constitute a violation of this chapter and the city may require removal of the tower or antenna at the owner’s expense.
17.68.140 Removal of abandoned antennas, towers, supporting equipment and structures.
A. Any antenna, tower, supporting equipment and structure that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna tower, or owner of the land which it is located on shall remove said antenna, tower or supporting equipment within ninety (90) days of receipt of notice from the Community Development Director notifying the owner of such abandonment. If such antenna or tower is not removed within said ninety (90) days, the City may remove such antenna or tower at the owner’s expense. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
B. If the cost of removal of the antenna or tower are not paid within thirty (30) days after the date on which the notice of request for payment is mailed to the owner of the property, the City Council may direct the county tax assessor to place the unpaid costs, including administrative fees associated with the removal on the county tax roll, as a special assessment against the property pursuant to Section 25845 of the Government Code of the State of California. The assessment 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 the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes shall be applicable to such special assessment.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 234
Chapter 17.69
COMMERCIAL CANNABIS-RELATED USES AND ACTIVITY
Sections:
17.69.010 Purpose.
17.69.020 Definitions.
17.69.030 Location of commercial cannabis businesses – Storefront retail dispensaries.
17.69.040 Location of commercial cannabis businesses – Cultivation, dispensaries (non- storefront retail), microbusiness, manufacturing, testing facilities, distributors and transporting.
17.69.050 Distances measured – Applicable properties.
17.69.060 Certification from the Community Development Director.
17.69.010 Purpose.
The purpose of this chapter is to further fulfill the purposes and intents set forth in Title 5 of the Hanford Municipal Code. No person shall operate a commercial cannabis business without first obtaining a City commercial cannabis business permit and complying with all the requirements of Title 5 of the Hanford Municipal Code and complying with all applicable State law requirements including obtaining a business license or permit required by the State to operate a commercial cannabis business.
17.69.020 Definitions.
Unless otherwise provided herein, the terms used in this chapter shall have the meanings ascribed to them in Title 5 of the Hanford Municipal Code.
17.69.030 Location of commercial cannabis businesses – Storefront retail dispensaries.
Storefront retail dispensaries shall be a conditional use in the MX-D zone, subject to the following requirements:
A. Storefront retail dispensaries shall be located no closer than two hundred (200) feet to any property zoned RL-5, RL-8, RL-12, R-M, R-H that is in existence at the time the application is submitted. If any part of an MX-D zoned parcel falls within the two hundred (200) foot radius from the above listed residentially zoned properties, then the entire parcel shall be excluded from allowing the commercial cannabis business.
B. It shall be no closer than six hundred (600) feet from any portion of any parcel containing any of the following that is in existence at the time the application is submitted:
1. A school (whether public, private, or charter; including pre-school, transitional kindergarten, and K-12);
City of Hanford Municipal Code Title 17 - Zoning Ordinance 235
2. A daycare facility serving nine (9) or more children and is licensed by the State;
3. Any youth facility as defined in State of California Health and Safety Code Section 11353.1(e)(2). Youth Facility is further defined to mean any public or private facility that is primarily used to host recreation or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades where ten (10) or more video games or game machines or devices are operated, and where minors are legally permitted to conduct business, or similar amusement park facilities. It shall also include a park, playground or recreational area specifically designed to be used by children which has play equipment installed, including public grounds designed for athletic activities such as baseball, softball, soccer, or basketball or any similar facility located on a public or private school grounds, or on city, county or state parks. This definition shall not include any private commercial activity including martial arts, yoga, ballet, music or similar studio of this nature nor shall it include any private athletic training facility or pizza parlor, dentist office or doctor’s office primarily serving children.
17.69.040 Location of commercial cannabis businesses – Cultivation, dispensaries (non- storefront retail), microbusiness, manufacturing, testing facilities, distributors, and transporting.
Commercial cannabis businesses, including those permitted to engage in cultivation, dispensaries (non-storefront retail), microbusiness, manufacturing, testing, distribution and transporting of cannabis and cannabis products shall be permitted only if all the following requirements are met:
A. The commercial cannabis business, other than a storefront retail dispensary, must be located on property zoned zoned I-H-Heavy Industrial District.as follows:
1. Cannabis cultivation businesses must be located on property zoned I-H-Heavy Industrial District
2. Cannabis manufacturing businesses must be located on property zoned I-H-Heavy Industrial District
3. Cannabis microbusinesses must be located on property zoned I-H-Heavy Industrial District
4. Cannabis testing facilities must be located on property zoned I-H-Heavy Industrial District or I- L-Light Industrial District
5. Cannabis distribution businesses must be located on property zoned I-H-Heavy Industrial District or I-L-Light Industrial District
B. The property on which the commercial cannabis business is located must also meet all of the following distance requirements:
1. It shall be no closer than two hundred (200) feet to any property zoned RL-5, RL-8, RL-12, R-M, R-H that is in existence at the time the application is submitted, including any legal nonconforming residential uses as of the date the commercial cannabis business permit is issued.
If any part of an I-H zoned parcel falls within the two hundred (200) foot radius from residentially zoned properties within the City, then the entire parcel shall be excluded from allowing the commercial medical cannabis business.
2. It shall be no closer than six hundred (600) feet from any portion of any parcel containing any of the following that is in existence at the time the application is submitted:
Commented [TM200]: What about residentially zoned property located in the County?
City of Hanford Municipal Code Title 17 - Zoning Ordinance 236
a. A school (whether public, private, or charter; including pre-school, transitional kindergarten, and K-12);
b. A daycare facility serving nine (9) or more children and is licensed by the State; c. Any youth facility as defined in State of California Health and Safety Code Section 11353.1(e)(2). Youth Facility is further defined to mean any public or private facility that is primarily used to host recreation or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades where ten (10) or more video games or game machines or devices are operated, and where minors are legally permitted to conduct business, or similar amusement park facilities. It shall also include a park, playground or recreational area specifically designed to be used by children which has play equipment installed, including public grounds designed for athletic activities such as baseball, softball, soccer, or basketball or any similar facility located on public or private school grounds, or on city, county or state parks. This definition shall not include any private commercial activity including martial arts, yoga, ballet, music or similar studio of this nature nor shall it include any private athletic training facility or pizza parlor, dentist office or doctor’s office primarily serving children.
17.69.050 Distances measured – Applicable properties.
The distance between parcels shall be the horizontal distance measured in a straight line from any property line of the sensitive use to the closest property line of the lot on which the commercial cannabis business is to be located, without regard to any intervening structures. The distance requirements in this chapter shall only be applicable with respect to properties located in the City’s limits, unless otherwise required by State law. The distance requirements shall not be applicable with respect to any property located outside the City limits.
17.69.060 Certification from the Community Development Director.
Prior to commencing operations, a commercial cannabis business must obtain a certification from the Community Planning Director or designee certifying that the business is located on a site that meets all the requirements of this title and Title 5.
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Chapter 17.70
PERMITS AND APPLICATIONS
Sections:
17.70.010 Permit application and review.
17.70.020 Application form and submittal items.
17.70.030 Authority to file an application.
17.70.040 Application acceptability of signatures.
17.70.050 Application filing and numbering.
17.70.060 Application withdrawal.
17.70.070 Decision processes for planning applications.
17.70.080 Environmental review.
17.70.090 Hearings.
17.70.100 Notice requirements.
17.70.110 Notice wording.
17.70.120 Hearing rules and procedures.
17.70.130 Continuation of hearing.
17.70.140 Testimony at hearing.
17.70.150 Planning Commission recommendation.
17.70.160 Review authority decision.
17.70.170 Notice of decision.
17.70.180 Effective date of decision.
17.70.190 Refiling of a denied application.
17.70.200 Appeals.
17.70.210 Permits to run with the land.
17.70.220 Subsequent permits.
17.70.230 Suspension and revocation of approved permit.
17.70.240 Expiration of approved permit.
17.70.250 Extension of expiration date of approved permit.
17.70.260 Succession to a county permit upon annexation.
17.70.270 Minor adjustment to approved permit.
17.70.280 Amendment to approved permit.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 238
17.70.010 Permit application and review.
An application for a permit or other land use matter required by this title shall be filed, processed, heard, and either approved, denied, or approved with conditions in accordance with the provisions of this chapter and the specific chapter within this title related to processing of that permit.
17.70.020 Application form and submittal items.
A. The Community Development Director shall prescribe and make available the form in which applications are made for a permit or other land use matter and maintain a list specifying the materials, information, and fees to be submitted with each application for a permit or other land use matter filed in accordance with this title. The list may be revised from time to time to comply with revisions to local, State, or Federal law, regulation, or policy. An application shall be made in the form prescribed by the Community Development Director on the date the application is filed, unless otherwise specified by this title or State law.
B. All filing fees required to be paid upon the filing of any application shall be set forth from time to time by City Council resolution.
17.70.030 Authority to file an application.
The following persons shall have the authority to file an application:
A. The record owner of the real property that is the subject of the permit or other matter; B. The property owner’s authorized agent;
C. Any person who can demonstrate a legal right, interest, or entitlement to use the real property subject to the application.
17.70.040 Applications acceptability of signatures.
If signatures of persons other than the owners of the property making the application are required or offered in support of, or in opposition to, an application, they may be received as evidence of notice having been served upon them of the pending application, or as evidence of their opinion on the pending issue, but they shall in no case infringe upon the free exercise of the powers vested in the City as represented by the Planning Commission and the City Council.
17.70.050 Application filing and numbering.
Applications filed pursuant to this title shall be numbered consecutively in the order of their filing, and shall become a part of the permanent official records, and there shall be attached thereto and permanently filed copies of all notices and actions, with certificates and affidavits of applicable posting, mailing or publication.
17.70.060 Application withdrawal.
Any person authorized to file an application may withdraw an application that has been filed at any time, provided the withdrawal is in writing and notification of public hearing has not been mailed. Any public hearing for which notification has been given shall be convened, and the application may be withdrawn at the hearing.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 239
17.70.070 Decision processes for planning applications.
A. Applications for permits or other land use matters identified in this title shall be acted upon in accordance with one of the decision processes depicted in Table 17.70.070 (Role of Review Authority Planning Permit Applications.) Table 17.70.070 determines the role of each review authority in the decision-making process, and shall not describe or limit the scope, meaning, or intent of any other provisions of this title. Table 17.70.070 only describes the processes that may be required this title, and does not describe other decision processes that may be required by other agencies. Subdivision processes and procedures are identified in Title 16.
Table 17.70.070
Role of Review Authority Planning Permit Applications
Application Type
Community
Development
Director
Planning
CommissionCity Council
Non-Discretionary Applications
Interpretation of Ordinance Decision Appeal Appeal
Sign Permit Decision Appeal Appeal
Administrative Use Permit Decision Appeal Appeal
Site Plan Review Permit Decision Appeal Appeal
Home Occupation Permit Decision Appeal Appeal
Deviation Decision Appeal Appeal
Discretionary Applications
Conditional Use Permit Recommend Decision Appeal
Planned Unit Development Permit Recommend Decision Appeal Variance Recommend Decision Appeal
Zoning Ordinance Amendment / Zone
Change Recommend RecommendDecision
General Plan Amendment / Specific Plan
Amendment Recommend RecommendDecision
Commented [TM201]: Expand the table to include Temporary Use Permit?
Commented [TM202]: Labeling a type of application
discretionary or ministerial is not controlling. In the event of a challenge, a court will look to whether the approving party possesses discretion when making a decision. For example, in one appellate court case, the court determined that a well permitting process was discretionary because, even though the ordinance established parameters for the location of wells, staff members were allowed to deviate from such parameters based upon their personal judgment.
Commented [TM203]: As Ch. 17.74 is currently written,
Administrative Use Permits are discretionary because HMC §
17.74.040.D. identifies the following as a required finding, "The proposed location, size, design and operating characteristics of the 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." This authority is discretionary because the CD Director can utilize his judgment when establishing conditions to address detrimental impacts. See proposed changes to Ch. 17.74 to eliminate discretionary authority.
Commented [TM204]: Temporary use permits are
discretionary in light of the authority given to the CD Director. See comments below in Ch. 17.76.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 240
B. All applications heard by the Planning Commission or City Council according to Table
17.70.070 shall be at public hearings in accordance with Chapter 17.70.090. The City Council shall be the final decision making body on all permits.
17.70.080 Environmental review.
All discretionary applications will be reviewed by the Community Development Department to determine if the project is subject to environmental review in accordance with the California Environmental Quality Act (CEQA) Guidelines, as currently adopted and amended from time to time. All non-discretionary applications are deemed to not be subject to environmental review, pursuant to CEQA Guidelines Section 15268.
17.70.090 Hearings.
A public hearing is a noticed session before the Planning Commission, City Council or other approval body, as appropriate, to receive original evidence or testimony from the applicant and the general public on applications regulated by this title.
17.70.100 Notice requirements.
Notice of time and place of public hearings shall be given in the following manner. Noticing may take place earlier than required if other laws or policies require a longer notice period.
A. A notice of any public hearing shall be given by at least one publication in a newspaper of general circulation in the city not less than 10 days before the date of the public hearing.
B. A notice of public hearing shall be given by mailing a written notice not less than 10 days prior to the date of such hearing to the applicant, and to owners of property within a radius of three hundred (300) feet of the exterior boundaries of the property that is the subject of the application, using for this purpose the name and address of such owners and properties, as shown on the latest adopted Kings County tax roll. Notice shall also be mailed to interested persons that have filed a written request for notification with the Community Development Director.
C. In the event that the number of owners of property to whom notice may be sent pursuant to Subsection B of this section would result in more than one thousand (1,000) notices, notice may alternatively be given at least ten (10) days prior to the hearing by either of the following procedures:
1. By placing a display advertisement of at least one-fourth page in a newspaper having general circulation within the area affected by the proposed ordinance or amendment; or
2. By placing a written notice with any generalized mailing sent by the City to property owners in the area affected by the proposed ordinance or amendment, such as billings for City services.
17.70.110 Notice wording.
Public notice of hearings shall begin with the words similar to "Notice of Proposed Change of Zone District" or "Notice of Proposed Variance" or "Notice of Proposed Conditional Use Permit," as the case may be, and set forth the description of the property under consideration, the nature of the proposed change or use, identification of the hearing body, and the time and place at which the public hearing on the matter will be held.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 241
17.70.120 Hearing rules and procedures.
Public hearings before the City Council and the Planning Commission shall be conducted in accordance with Section 2.04.030 of the Hanford Municipal Code.
17.70.130 Continuation of hearing.
If, for any reason, a public hearing cannot be completed on the date set for such hearing, the person presiding at such public hearing may, before adjournment or recess thereof, publicly announce the time and place at which the hearing will be continued, and no further notice shall be required.
17.70.140 Testimony at hearing.
A summary of all pertinent testimony offered at public hearings held in connection with an application filed pursuant to this title and the names of persons testifying shall be recorded and made a part of the permanent files of the application.
17.70.150 Planning Commission recommendation.
For applications requiring a final decision by the City Council, the Planning Commission shall first hold a public hearing on the matter. For such hearing, the Planning Commission shall, by resolution, recommend to the City Council approval or denial of the request, including the findings for the recommendation. Upon receipt of the recommendation from the Planning Commission, the City Council shall hold a public hearing after noticing is completed.
17.70.160 Review authority decision.
The review authority responsible for making a final determination for any application, as identified by Table 17.70.070, shall announce its findings by formal resolution, or in the case of a change to the text of this title or to the Zoning Map, by ordinance. Specific plans may be adopted by resolution or by ordinance. Site Plan Review Permits may be approved by letter. The resolution shall recite, among other things, the facts and reasons which, in the opinion of the hearing body, make the approval or denial of the permit necessary to carry out the provisions and general purpose of this title, and shall order that the permit or other action be approved, denied, or approved subject to conditions that it may impose.
17.70.170 Notice of decision.
Not later than ten days following the adoption of a resolution or other applicable document ordering that a permit or other action be approved or denied, a copy of said resolution or other applicable document shall be mailed to the applicant and to any other parties requesting notice of the action. The resolution or other applicable document shall also be filed and maintained as public record by the Community Development Director.
17.70.180 Effective date of decision.
A. The decision of the review authority identified in Table 17.70.070 for any permit or other non- legislative decision shall be effective and final ten (10) days following the adoption of the resolution, unless, within such period of time, the applicant or other interested party files a written appeal of the decision.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 242
17.70.190 Refiling of a denied application.
Where an application has been denied by a review authority and that action has become final, no new application for substantially the same request shall be accepted for filing for a period of one (1) year after the effective date of the denial, unless that review authority specifies in its decision that the denial is made without prejudice.
17.70.200 Appeals.
A. A decision of the Community Development Director may be appealed to the Planning Commission by any interested person within ten (10) days following the decision of the Community Development Director. Any decision of the Planning Commission, including a decision on an appeal, may be appealed to the City Council by any interested person within ten (10) days following the decision of the Planning Commission.
B. Appeals to the Planning Commission or to the City Council shall be conducted as a public hearing in accordance with the public hearing noticing and hearing procedures in this chapter.
C. A decision on an application that has been appealed may be upheld, overturned, or modified.
The appeal decision shall be adopted by resolution or other applicable document.
17.70.210 Permits to run with the land.
Subject to the other provisions of this chapter, a permit that is effective and final pursuant to this chapter shall run with the land and shall continue to be valid upon a change of ownership of the site or structure that was the subject of the permit.
17.70.220 Subsequent permits.
Before any building, grading, encroachment or other development permit is issued for any building, excavation or other structures proposed as a part of an approved permit, the Community Development Director shall determine that the proposed building location, facilities and improvements are in substantial conformance with the approved permit and any conditions of approval.
17.70.230 Suspension and revocation of approved permit.
A. Upon the violation of any applicable provision of this title, the provisions of any use permit or upon the failure to comply with or satisfy any condition of approval related thereto, the permit or approval issued pursuant to this chapter shall be automatically suspended. Written notice of the suspension shall be sent by the Community Development Director to the person to whom the use permit was issued, or to their successor if known, advising them of the suspension and the violations causing the suspension.
B. No building, grading, encroachment or other development permit shall be issued for any building, excavation, or other structures proposed as a part of a permit that has been suspended.
For any construction activity taking place on the site that is the subject of the suspended permit, the Building Official shall issue a Stop Work order.
C. The City Council shall hold a public hearing and hear evidence from city staff, the holder of the permit and other interested persons. Should the City Council find that there has been a violation of this title, the provisions of the permit, or a failure to comply with or satisfy any condition of approval related thereto, the City Council may either revoke the permit or take such other action
City of Hanford Municipal Code Title 17 - Zoning Ordinance 243
as the City Council deems necessary to ensure compliance with the provisions of this title, the permit, and the related conditions of approval.
17.70.240 Expiration of approved permit.
A. An approved permit shall expire and shall become null and void two (2) years after the date of approval unless, prior to expiration, one of the following occurs:
1. A building permit is issued by the building official, and construction is commenced and diligently pursued toward completion on the property that was the subject of the approved permit.
2. The use for which the permit was approved has commenced B. If a use for which a permit was approved has commenced and then is later abandoned for a continuous period of one (1) year, the permit shall expire and become null and void.
17.70.250 Extension of expiration date of approved permit.
Prior to expiration of a permit, a person having authority to file an application may file a written request with the Community Development Director for extension of a permit that may otherwise expire. The request for extension shall be taken to the Planning Commission, who may extend the expiration date of the permit by one (1) year. The Planning Commission may grant up to a total of three (3) one-year extensions.
17.70.260 Succession to a county permit upon annexation.
A. If a parcel of real property is considered for annexation to the city is subject to a permit previously approved pursuant to the provisions of the Kings County Zoning Ordinance and the use has commenced on the date that the City Council initiates annexation, then the city shall succeed to the permit and shall administer and enforce the permit in accordance with the provision of this chapter.
B. If a parcel of real property is considered for annexation that is subject to a permit previously approved pursuant to the provisions of the Kings County Zoning Ordinance and the use has not yet commenced on the date that the City Council initiates annexation, then the city shall declare in its resolution of annexation initiation whether it will or will not succeed to the permit. If the city declares that it will not succeed to a permit, then the permit shall be deemed null and void on the effective date of annexation.
17.70.270 Minor adjustment to approved permit.
A. Upon written request by a person having authority to file an application, a permit approved in accordance with this chapter that has not expired may be adjusted by the Community Development Director provided that the Community Development Director determines that the adjustment is minor, does not contradict the intent of the review authority’s approval, does not increase the approved use’s impact on adjacent properties, does not increase the intensity or character of the use that was approved, and is consistent with the General Plan.
B. If the Community Development Director determines that the findings in Subsection A of this section required to approve a minor adjustment cannot be met, then the applicant may apply for an amendment to the permit.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 244
17.70.280 Amendment to approved permit.
A person having authority to file an application may apply for an amendment to an approved permit that has not expired. The amendment application shall be processed with the same procedures as if the application was for a new permit.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 245
Chapter 17.72
SITE PLAN REVIEW PERMITS
Sections:
17.72.010 Purpose.
17.72.020 Applicability.
17.72.030 Site plan review committeeprocess.
17.72.040 Site plan contents.
17.72.050 Site plan review committee issuance.
17.72.060 Appeals.
17.72.070 Life of permits and extensions of time.
17.72.080 Revocation.
17.72.090 Subsequent Additional permits.
17.72.010 Purpose.
The purpose of the site plan review permit is to assure that developments, new and remodeled buildings and structures, and improvements to land are reviewed to assure substantial compliance with the objective provisions of applicable statutes, ordinances, regulations, and other fixed standards, including, the city’s general plan, municipal code, and policies, and improvement standards of the city and the state.
17.72.020 Applicability.
A. The provisions of this chapter apply to:
1. Any development requiring a site plan review permit as per this Title.
2. New commercial, industrial and other non-residential structures or additions that add more than 100 square feet of useable floor space to the structure.
3. New multi-family residential development or additions that add more than 100 square feet of useable floor space to the structure.
4. Divisions of land or adjustments to property lines.
5. Interior alterations that increase the useable floor area of a non-residential structure by more than 100 square feet, or change the use of the structure.
6. Improvements made in the public right-of-way, except those initiated by the city, State, or a utility company.
Commented [TM205]: “Substantial” was deleted because
discretion is exercised when determining whether substantial compliance exists.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 246
7. Other non-residential improvements to land or buildings deemed by the Community Development Director to be subject to certain goals, policies, codes, regulations or improvement standards of the city.
B. The provisions of this chapter do not apply to:
1. New or remodeled single-family dwellings;
2. Repairs and maintenance to the site or a structure that do not add to, enlarge, or expand the area occupied by the land use, or the floor area of the structure and that are substantially similar in design as the original construction;
3. Interior alterations that do not increase the useable floor area of the structure, or modify the use of the structure;
4. Construction, alteration, or maintenance by a public utility or public agency of underground or overhead utilities.
C. The total combined use area of the site of the proposed development shall be subject to site plan review permit procedures and all applicable goals, policies, codes, regulations, and improvement standards of the city.
17.72.030 Site plan review committeeprocess.
A. Members. The Site Plan Review Committee shall be comprised of staff representatives of the Community Development Director, City Engineer, and Building Official; in addition, the Community Development Director may request input from any other city department or public agency, subject to City Council policies.
B. A. Community Development Director Authority. The city’s Community Development Director shall have authority over the site plan review process described in this chapter. The Community Development Director shall possess the authority to require involvement of other city personnel in the review process who he or she deems appropriate and may delegate authority to one or more such persons.
B. Powers and Duties. The Site Plan Review CommitteeWith respect to the site plan review process, the Community Developer Director shall have the power to:
1. Review site plan review permit applications submittals for compliance with the objective provisions of applicable statutes, ordinances, regulations, and other fixed ministerial standards, including, without limitation, the city’s general plan, municipal code, and policies and improvement standards of the city and the state consistency with the General Plan, municipal code, policies, regulations, and improvement standards of the cityand require revisions to a site plan to bring it into conformance with such authority. The Community Development Director’s exercise of such authority is ministerial and shall be limited to causing compliance with such statutes, ordinances, regulations, and other fixed standards. Should, however, substantial evidence illustrate that a proposed project, which is not otherwise subject to discretionary approval pursuant to this Title 17, will have a significant impact on the environment, the Community Developer Director will evaluate the project in accordance with the California Environmental Quality Act and shall possess discretionary authority to impose upon the project conditions and requirements mitigating the project’s impacts to less-than-significant.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 247
2. Apply requirements to a site to protect the public health, safety and general welfare.
3. Require revisions to the site plan to bring it into consistency.
4. Identify the city permits necessary to construct the proposed project.
53. Issue the site plan review permit subject to stated revisions.
64. Require that the site plan be resubmitted with required revisions.
7. Require improvements that are needed for the subject property to comply with current laws, ordinances, and requirements, including the City’s design standards.
17.72.040 Site plan contents.
A. The site plan shall be drawn to a scale which that clearly indicates all dimensions and includes the following information, as well as information identified in the site plan review application form:
1. Address;
2. Assessor’s parcel number;
3. Vicinity map on cover sheet;
4. Scale and north arrow;
5. Dimensions of property;
6. Location of existing and proposed buildings and/or structures showing dimensions from property lines and their intended use;
7. Location, height and material of existing and/or proposed fences and walls;
8. Location of off-street parking. Indicate the number of parking spaces, type of paving, direction arrows and parking dimensions;
9. Location and width of drive approaches;
10. Location and direction of on-site drainage;
11. Location of existing and/or proposed public improvements (such as curbs, gutters, sidewalks, utility poles, fire hydrants, street lights, traffic signal devices, etc.);
12. Method of sanitary disposal;
13. Location of signs, their size, height, type of illumination and type of building material;
14. Location of trash refuse area;
15. Location and type of existing trees. Oak trees must have the approximate diameter size;
16. Location of areas to be landscaped;
17. Loading and storage areas indicating any fences and walls to be used as screening;
18. Location and height of all roof mounted structures;
19. Lighting, including the location and height of all exterior fixtures; Commented [Gd206]: Per Ty’s email on 7/21/2020
If improvements (like frontage improvements) are required for projects that merely require SPR, it would be good to add a section to HMC Ch. 17.72 stating that projects may be
required to construct improvements that are needed for the subject property to comply with then-current laws, ordinances, and requirements, including the City’s design
standards. Having clear legal authority for requiring such improvements will be helpful if there is a challenge.
Commented [TM207R206]: Subsection 7 was deleted as its provisions are now contained in Subsection 1.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 248
20. Such other data as may be required to permit the Site Plan Review Committee to evaluate the site plan.
B. The Site Plan Review Committee may require additional information on the site plan or as a separate document based upon the proposed development.
17.72.050 Site plan review committee issuance.
A. The Site Plan Review CommitteeCommunity Development Director shall declare their his or her intention to either issue the site plan review permit or require resubmittal of the site plan at the Site Plan Review Committee meeting.
B. The Site Plan Review Committee shallCommunity Development Director shall, in writing to the applicant, either approve the site plan review permit with required revisions, or require resubmittal of the site plan and identify required revisions.
17.72.060 Appeals.
Appeals of the Site Plan Review Committee’sCommunity Development Director’s decision shall be submitted and processed consistent with the procedures in Chapter 17.70.
17.72.070 Life of permits and extensions of time.
A. A site plan review permit shall expire one (1) year from its approval date, unless a building permit application has been submitted or the use has commenced.
B. Prior to expiration, the Community Development Director may extend the permit expiration date by one (1) year if there is substantial evidence that the applicant is diligently pursuing building permit approval or commencement of the use.
17.72.080 Revocation.
Revocation of a site plan review permit shall be conducted consistent with procedures and notice requirements in Chapter 17.70.
17.72.090 Subsequent Additional permits.
Subsequent Other development permits associated withrequired for the site plan review permitproject shall be consistent with the site plan review permit. If there is a change in the proposed development, a new site plan application shall be submitted.
Commented [TM208]: Some cities require an applicant to sign an agreement upon SPR approval. The agreement outlines conditions of approval and is recorded against the property. Does the City want to add such a requirement?
City of Hanford Municipal Code Title 17 - Zoning Ordinance 249
Chapter 17.74
ADMINISTRATIVE USE PERMITS
Sections:
17.74.010 Purpose.
17.74.020 Applicability.
17.74.030 Application procedure.
17.74.040 Findings.
17.74.050 Notices of decision.
17.74.060 Appeals.
17.74.070 Life of permits and extensions of time.
17.74.080 Revocation.
17.74.090 Subsequent Additional permits.
17.74.010 Purpose.
The purpose of requiring the administrative approval of certain uses is to determine whether or not a particular use meets the objective standards set forth in this title that are specific to that use, with the intent that uses that meet all of the objective standards will be approved.
17.74.020 Applicability.
This chapter shall apply to all uses listed as permitted uses subject to administrative approval.
17.74.030 Application procedure.
Applications for an administrative use permit shall be filed pursuant to Chapter 17.70 with the Community Development Director and processed consistent with Chapter 17.70.0760 and, if applicable, Chapter 17.70.070.
17.74.040 Findings.
In order for an application to receive administrative approval, the following findings must be made by the reviewing authority listed identified in Chapter 17.70.060:Community Development Director must find that
A. the use complies with the objective provisions of statutes, ordinances, regulations, and other fixed standards, including, the city’s general plan, municipal code, and policies and improvement standards of the city and the state. The Community Development Director’s exercise of such authority is ministerial and shall be limited to causing compliance with such statutes, ordinances, regulations, and other fixed standards. Should, however, the Community Development Director determine that substantial evidence illustrates that a proposed project will have a significant impact Commented [TM209]: This paragraph was revised to largely establish the CD Director’s authority as ministerial, which causes the admin. use permit process to resemble SPR. If such approach does not work, the City could retain the original provisions of 17.74.040 and .090 and treat the administrative use permit process as discretionary for purposes of CEQA.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 250
on the environment, the Community Developer Director will evaluate the project in accordance with the California Environmental Quality Act and shall possess discretionary authority to impose upon the project conditions and requirements mitigating the project’s impacts to less-than- significant.The use meets the standards and requirements in this title that are specific to that use; B. The 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; C. The use is consistent with the General Plan;
D. The proposed location, size, design and operating characteristics of the 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.
17.74.050 Notices of decision.
Notices of decision of an administrative use permit shall be processed consistent with Chapter
17.70.170. In addition to Chapter 17.70.170, a copy of the written decision shall be signed and dated by the Community Development Director and mailed to each property owner within three hundred (300) feet of the subject property.
17.74.060 Appeals.
Appeals to a decision of the reviewing authority of an administrative use permit shall be submitted and processed consistent with the procedures in Chapter 17.70.
17.74.070 Life of permits and extensions of time.
An administrative use permit shall expire one (1) year from its approval date, unless a building permit application has been submitted or the use has commenced.
17.74.080 Revocation.
Revocation of an administrative use permit shall be conducted consistent with procedures and notice requirements in Chapter 17.70.
17.74.090 Subsequent Additional Permits.
Subsequent dDevelopment permits that may be needed for a project in addition to associated with thean administrative use permit shall be considered in a manner consistent with the site plan review permit process. If there is a change in the proposed development, a new site planadministrative use application shall be submitted.
Commented [TM210]: Deleted because Subsection A. already covers consistency with the Zoning Ordinance's objective standards.
Further authority to determine whether a proposed use is subjectively consistent with existing and projected uses is discretionary in nature.
Commented [TM211]: Deleted because it is a form of
discretionary authority.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 251
Chapter 17.76
TEMPORARY USE PERMITS
Sections:
17.76.010 Purpose.
17.76.020 Temporary uses exempt from permit requirements.
17.76.030 Temporary use permit required.
17.76.040 Development standards.
17.76.050 Temporary improvements on a site.
17.76.060 Findings.
17.76.070 Conditions.
17.76.010 Purpose.
A temporary use permit provides a mechanism for administrative non-discretionary review and determination for proposed and qualifying short term uses and activities to ensure that such activities are consistent with the objective standards of the general plan and the provisions of this title.
17.76.020 Temporary uses exempt from permit requirements.
The following temporary activities and uses are allowed by right and expressly exempt from the requirement of first obtaining a temporary use permit, provided they conform to the listed city’s development standards:
A. Construction yards, storage sheds, and construction offices (on site) in conjunction with an approved construction project where the yard, and/or shed, and/or office are located on the same site as the approved project.
B. Emergency public health and safety facilities established by a public agency.
C. Entertainment and assembly events held within auditoriums, stadiums, or other public assembly facilities, provided the proposed use is consistent with the intended use of the facility.
D. Entertainment and assembly events as part of an allowed permanent use (e.g., race at a raceway).
E. Events held exclusively on city property and that are in conjunction with the city use.
F. Events held exclusively at a school site that are in conjunction with the school use.
G. Events held exclusively on religious institution or facility site and that are in conjunction with that religious institution or facility use.
Commented [TM212]: Ch. 17.76 was modified to limit the CD Director’s authority to ministerial actions unless there is substantial evidence of a significant impact to the environment, in which case discretionary conditions and requirements may be imposed. If the City intends for the temporary use permit process to be discretionary, the changes to .010, .030.J., .040, .060, and .070 should be rejected.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 252
H. Garage and yard sales held on private property.
I. Outdoor promotional events and seasonal sales related to an existing business with temporary outdoor display and sales of merchandise and seasonal sales in conjunction with an established commercial business that holds a valid business license and is in compliance with the development standards of this title.
J. Storage containers not in conjunction with an approved construction project when located on in a residential zone district for periods less than seventy-two (72) hours or when located in nonresidential zone district for periods less than forty-five (45) days.
K. Outdoor sales operating in front of an established commercial business fromby a bonified charity organization with a recognized as a 501(c)(3) organization by the Internal Revenue Service, i.e. eligible to receive tax-deductible contributions. (i.e. Girl Scout Cookie Sales) L. Residential lemonade stands and the like, operated by minors, with gross sales less than x.
CHARITABLE ORGANIZATION: An organization recognized as a 501(c)(3) organization by the Internal Revenue Service, i.e. eligible to receive tax-deductible contributions.
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. Construction yards, storage sheds, and construction offices (off site) in conjunction with an approved construction project, where the yard, shed, or office is located on a site different from the site of the approved construction project.
C. Entertainment and assembly events, including carnivals, circuses, concerts, fairs, festivals, food events, fundraisers, haunted houses, outdoor entertainment/sporting events, and similar events designed to attract large crowds and when not otherwise part of or consistent with a permitted use (e.g., race at a raceway).
D. Farmers markets.
E. Temporary sales, including swap meets, flea markets, rummage sales, and similar events in locations not specifically designed for such events.
F. Seasonal sales occurring outdoors when not related to an existing business.
G. Temporary sales offices.
H. Temporary land uses on unimproved or partially improved sites in a zoning district that allows that land use on a permanent basis.
I. Temporary community food banks.
J. Other temporary activities that the Community Development Director determines, when applying objective factors, are similar in nature and intensity to those identified above.
17.76.040 Development standards.
Standards for height, off street parking spaces, setbacks, and other structure and property development standards that apply to the category of use or the zoning district of the subject parcel Commented [GM213]: Do we want to add an exemption for
lemonade stands, in case we are ever asked?
Commented [TM214R213]: Daniel Cokely is in his 30's and has special needs. He has operated a lemonade stand for many years. Perhaps it would be best to delete “operated by minors” and allow residential lemonade stands as long as they gross less than a specified amount.
Commented [TM215]: What is "large"?
City of Hanford Municipal Code Title 17 - Zoning Ordinance 253
shall apply to all temporary activities. The Community Development Director may waive requirements for long term improvements that exceed the duration of the temporary use, including, but not limited to, landscaping and paving of parking lots.
17.76.050 Temporary improvements on a site.
A. Improvement to property at a level less than what is required by this title may be allowed to support temporary operations on the property yet still ensure public health, safety, and general welfare. This allowance shall not be used to circumvent or deviate from the requirements for public improvements required at the time of subdivision of property.
B. The allowance described in Subsection A shall be conducted through the temporary use permit process. The permit shall clearly identify what improvements are to be completed and what requirements are being waived for a limited period of time, as well as the time period for which the permit is valid. A temporary use permit allowing improvements less than required shall only be approved if the improvements to be completed are those minimally necessary to ensure public health, safety, and welfare
C. At the conclusion of the period authorized by the temporary use permit, either the property shall be brought into compliance with the requirements of this title or use of the property shall cease.
17.76.060 Findings.
The reviewing authority shall make all of the following findings to approve or conditionally approve a temporary use permit:
1. The use is a temporary use and will be limited to the specific duration of time that is identified in the temporary use permit.
2. The use complies with the objective provisions of applicable statutes, ordinances, regulations, and other fixed standards, including, the city’s general plan, municipal code, and policies and improvement standards of the city and the state. The Community Development Director’s exercise of such authority is ministerial and shall be limited to causing compliance with such statutes, ordinances, regulations, and other fixed standards. Should, however, the Community Development Director determine that substantial evidence illustrates that a proposed project will have a significant impact on the environment, the Community Developer Director will evaluate the project in accordance with the California Environmental Quality Act and shall possess discretionary authority to impose upon the project conditions and requirements mitigating the project’s impacts to less-than-significant.The temporary use will not be detrimental to the health, safety, or general welfare of persons, property, or improvements in the vicinity of the proposed use, or to the general welfare of the city.
3. The temporary use will not function or be located in a manner that restricts access to required parking areas.
4. Approved measures for the removal of the use and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this title.
Commented [TM216]: 17.76.050 gives the CD Director
discretionary authority to waive improvement requirements. If the City wants to avoid triggering CEQA, this section needs to be deleted, or, if it is to be retained, it must be heavily modified to identify objective standards that the CD Director will utilize so that the Director possesses no discretionary authority unless there is substantial evidence of a significant impact.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 254
5. The approval includes provisions to ensure that each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use.
6. The use is consistent with the general plan, applicable specific plans, and the provisions of this title.
17.76.070 Conditions.
The Community Development Director may place conditions on the temporary use permit, including, but not limited to, buffers, hours of operation, maintenance, lighting, improvements, parking, performance guarantees, property maintenance, signs, surfacing, time limits, and traffic circulation. Conditions must be deemed reasonable and necessary to protect the health, safety, or general welfare.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 255
Chapter 17.78
HOME OCCUPATION PERMITS
Sections:
17.78.010 Purpose.
17.78.020 Permit required.
17.78.030 Application.
17.78.040 Prohibited home occupation uses.
17.78.050 Operating standards.
17.78.060 Life of permits and extensions of time.
17.78.070 No transferability.
17.78.080 Revocation.
17.78.010Purpose.
The provisions of this chapter provide for the conduct of home occupations that are incidental to and compatible with surrounding residential uses. A home occupation represents a legal income producingcommercial activity by the occupant of the dwelling.
17.78.020 Permit required.
Home occupations shall not commence without first obtaining a home occupation permit, except as provided below:
A. A home occupation permit shall not be required for an in-home educational activity, including but not limited to music lessons, academic tutoring, swimming lessons, or religious instruction, provided that no more than five students are present at any one time, and the activity complies with all of the operating standards in Section 17.78.040.
17.78.030 Application.
Applications for a home occupation permit shall be filed and processed pursuant to the applicable sections of Chapter 17.70.
17.78.040 Prohibited home occupation uses.
A. The following uses are, without limitation, example of land uses that are not incidental to nor compatible with residential activities in residential zones, and are prohibited as home occupations:
1. Barbershop, hair salon, nail care, massage therapy, or day spa
2. Fortune telling
3. Kennel or animal boarding
City of Hanford Municipal Code Title 17 - Zoning Ordinance 256
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. is not incidental nor compatible with residential activities.
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.
Commented [TM217]: Discretionary. Suggest that this
sentence be replaced by more specific prohibitions.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 257
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.
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 titleMunicipal 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.
B. The Community Development Director may require additional operating standards when approving the home occupation permit if deemed necessary to carry out the intent of this title.
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.
17.78.080Revocation.
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 has become detrimental to the public health, safety or traffic, or constitutes a nuisance;
Commented [TM218]: Discretionary authority.
Commented [TM219]: Discretionary authority.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 258
BA. The home occupation permit was obtained by misrepresentation or fraud; CB. 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; DC. One or more of the operating standards of the home occupation permit have not been met; ED. The home occupation violates Federal, State, or local statute, ordinance, law, or regulation.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 259
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.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 260
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 Subsequent Other Permits.
Subsequent Other development permits required for the project associated with a conditional use permit shall be submitted, reviewed, and processed consistent with Chapter 17.70.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 261
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 required by the Community Development Director, the Site Plan Review CommitteeCommunity 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.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 262
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;
City of Hanford Municipal Code Title 17 - Zoning Ordinance 263
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 and 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 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 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.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 264
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 property 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.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 265
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 measurable development standard;
2. The minor deviation would allow an adjustment to an objective measurable 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.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 267
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 whenever the public necessity and convenience and the general welfare require such amendment 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;
Commented [TM220]: Deleted because the required findings are identified in 17.86.030.
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The amendment would not be detrimental to the public health, safety, or welfare of the community; 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 zone 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 plan 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 affected 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 and this title;
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 may 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.
Commented [TM221]: Deleted because if a GP amendment
creates an inconsistency with Title 17, the ZO must be amended. In other words, inconsistency with the ZO would not be a basis to withhold GP amendment approval.
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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 this title to permit these nonconforming uses structures, and lots to continue until they are terminated, but not to encourage their expansion. To avoid undue hardship, nothing in this Chapter shall be deemed to require a change in the plans, construction, or designated use of any building where a building permit has been issued prior to the effective date of this title, provided such permit is diligently carried to completion.
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.
Commented [TM222]: Deleted because the issuance of a
building permit does not establish vested rights. Rights vest only after permit issuance and the expenditure of funds in reliance on the permit.
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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.
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 applicable 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 with the regulations for the zone district in which it is located.
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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 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 destroyed 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 destruction 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 destructionthe 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 encroachment into the public right-of-way, shall be removed or modified to conform to the provisions of this title.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 274
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 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.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 275
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.
17.92.010Purpose.
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 the city is to comply fully with the provisions of the Fair Housing Act.
17.92.020Definitions.
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.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 276
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.
17.92.040Notice 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.
17.92.050Requesting 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.
Commented [TM223]: Is this requirement being satisfied?
City of Hanford Municipal Code Title 17 - Zoning Ordinance 277
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 description 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 public hearing for the discretionary permit applications.
17.92.080Jurisdiction.
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 and 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 federal 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 applicant, 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
City of Hanford Municipal Code Title 17 - Zoning Ordinance 278
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.
17.92.090Findings 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 Housing Act or applicable California state law.
17.92.100Appeals.
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 proceeding by a person designated by the applicant.
D. Appeals shall be to the City Council. The Council or its designee who 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.
17.92.110Fee.
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.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 279
17.92.120Stay 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.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 280
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.
17.94.010Purpose.
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.
17.94.057Abatement.
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.
17.94.060Issuance 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.
17.94.070Service 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 search 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.
17.94.080Proof 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 citation is published, an affidavit of publication shall be obtained from the newspaper publishing the administrative citation.
17.94.090Abatement 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.
17.94.100Fines 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.
17.94.110Appeal of administrative citation.
A. Any person receiving an administrative citation may appeal the issuance of the administrative citation to the City Council or its designeecity 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 deadline shall be extended until the next regular business day. Except as
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otherwise provided herein, no 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 and the requirement to pay any fine 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 community development director or 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 normal delivery mail in the manner described above shall become 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.The City Council shall conduct a public hearing and accept oral and written evidence regarding the administration citation in the following manner:
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.
Commented [TM224]: The deposit of fines is a new practice that was added when the fireworks ordinance was adopted.
Commented [TM225]: Subsection G. was taken from the
hearing procedures outlined in the fireworks ordinance.
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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.
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.
The Code Enforcement Officer shall present testimony and evidence relating to the violation and the appropriate means of correcting the violation.
2. The owner, agent, or person responsible for the violation may present testimony or evidence concerning the violation and the means and time frame for correction.
GH. Hearing Decision. The City Council may sustain, modify, or overrule the administrative citation.
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.
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H. The decision of the City Council regarding any appeal is the final administrative order and decision.
17.94.120Performance 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.
17.94.130Entering 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 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.
17.94.140Dangerous 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.
17.94.150Administrative and abatement costs.
Whenever a violation or public nuisance is found to exist as a result of an inspection, the actual work and abatement costs and reasonable administrative expenses, as determined by the Code Enforcement Officer, shall be paid by the property owner.
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17.94.160Costs 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.
17.94.170Appeal 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.
17.94.180Notice 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 ofby 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)
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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 parity 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 taxes 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 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.
17.94.200Remedies of private parties.
The provisions of this chapter shall not affect the rights of private parties to pursue any and all legal remedies.
17.94.210Alternatives.
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.
17.94.220Enforcement 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.
17.94.230Obstruction 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, rehabilitated 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.
17.94.240Failure 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 infraction which shall be punishable by fine as established by the resolution of the City Council.
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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 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. (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 Commented [TM226]: Arguably, the City is operating a
commercial enterprise if it charges youth athletic organizations and members of the public for use of the City’s athletic facilities.
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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 retail 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)
Commented [TM227]: The Civic would not be an auditorium since many events are not generally open to the public.
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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 include 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 amounts 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 route 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)
City of Hanford Municipal Code Title 17 - Zoning Ordinance 294
“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 where 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)
City of Hanford Municipal Code Title 17 - Zoning Ordinance 295
“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)
City of Hanford Municipal Code Title 17 - Zoning Ordinance 296
“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 with 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 recharging facilitycharging 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.means one 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) 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) Commented [JW228]: Matches AB 1236
City of Hanford Municipal Code Title 17 - Zoning Ordinance 297
“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)
“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 an 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)
City of Hanford Municipal Code Title 17 - Zoning Ordinance 298
“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) “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)
City of Hanford Municipal Code Title 17 - Zoning Ordinance 299
“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 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 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 or 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)
“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)
City of Hanford Municipal Code Title 17 - Zoning Ordinance 300
“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)
“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, blends, extracts, infuses, or otherwise makes or prepares 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)
Commented [TM229]: Change “marijuana” to “cannabis” to create consistency with other ordinances?
Commented [JW230R229]: Remove and update definitions
to match State law
City of Hanford Municipal Code Title 17 - Zoning Ordinance 301
“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 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)
City of Hanford Municipal Code Title 17 - Zoning Ordinance 302
“Offices, professional or commercial” means an establishment that provides administrative, clerical, technical, professional or similar business services and typically where products or goods 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)
City of Hanford Municipal Code Title 17 - Zoning Ordinance 303
Professional school. See School, charter, trade, vocational, art, business, or professional. (C12) Produce stand. See Food produce stand. (I13)
“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)
City of Hanford Municipal Code Title 17 - Zoning Ordinance 304
“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 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 an 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 not include a charter school. (60) (C12)
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"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 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 an 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)
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“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 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)
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“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, 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 receives 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 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 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 for public recreational use; 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”
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includes but is not limited to any building, 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 the 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 distant 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 indoor 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, exercise 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, state 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 physically 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.
Commented [TM231]: Is “public right-of-way” a subset of the “right-of-way” definition set forth below?
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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 zoning codeTitle. “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.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 317
“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 or for which a bonded improvement agreement is in effect. “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, garages, 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 Commented [TM232]: Deleted because the City we do not
want the City to become liable for a street before its dedication and acceptance.
City of Hanford Municipal Code Title 17 - Zoning Ordinance 318
persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
“Temporary structure” is 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.
“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.
Commented [TM233]: Deleted because it there is a definition for “structure, temporary.”
City of Hanford Municipal Code Title 17 - Zoning Ordinance 319
“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.
Manufacturing and Processing Definitions to be added:
“Agricultural technology” means an establishments engaged in conducting research and experimental design, development, and manufacturing of solutions to needs related to agriculture including agricultural solutions and technologies, bio-chemical technology, biodegradable agro inputs, bio-disinfectants, fertilizers, and pesticides, cell culture, DNA sequencing, food plant science and technology, genetic engineering, mapping, and transformation, genetically modified foods and plants, molecular genetics, nutrition research, pest inhibitors and processing of herbs and spices. “Beverage production” means a manufacturing facilityies including a bottling plants, breweriesbrewery, coffee roasting, soft drink production, and winerieswinery. Does not include milk processing, which is included under the definition of “food and beverage manufacturing.” May include tasting and accessory (ancillary ) retail sales of beverages produced on site. A tasting facility separate from the manufacturing facility is included under the definition of “bar, nightclub, or lounge" if alcoholic beverages are tasted (available for tasting and/or consumption on site. ).
“Blacksmith or metal products fabrication” means “Metal products fabrication” means the assembly of metal parts, including blacksmith and welding shops, boiler shops, machine shops, and sheet metal shops that produce cabinets and enclosures, metal doors and gates, metal ductwork, tanks, towers, and similar products.. See “metal products fabrication.”
“Boat building and repair” means an establishments that builds or repairs boats and associated marine equipment (e.g. jet skis, trailers, etc.). “Cannabis cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis and includes, but is not limited to, the operation of a nursery.
“Cannabis distribution” means the procurement, sale, and transport of cannabis and cannabis products between licensees.
“Cannabis manufacturing” means all aspects of the extraction process, infusion process, post-processing, remediation, and packaging and labeling processes, including processing, preparing, holding, and storing of cannabis products. Manufacturing also includes any processing, preparing, holding, or storing of components and ingredients. “Cannabis retail” means a facility where cannabis or cannabis products, are offered, either individually or in combination, for retail sale, including an establishment that engages in delivery of cannabis or cannabis products as part of a retail sale. “Cannabis testing” means a laboratoryies that test cannabis goods prior to sale at a retailer.
“Chemical products manufacturing” meanmeans a s manufacturing establishments that produces or uses basic chemicals and establishments creating products predominantly by chemical processes. Establishments classified in this major group manufacture three (3) general classes of products: (1) basic chemicals including acids, alkalis, salts, and organic chemicals; (2) chemical products to be used in further manufacture, including dry colors, plastic materials, pigments, and synthetic fibers; and (3) finished chemical products to be used for ultimate consumption including drugs, cosmetics, and soaps; or to be used as materials or supplies in other industries, including paints and fertilizers. “Clothing production”s” means a manufacturing establishments producing clothing, and fabricating products by cutting and sewing purchased textile fabrics, and related materials including leather, rubberized fabrics, plastics, and furs. Custom tailors and dressmakers not operating as a factory and not located on the site of a clothing are instead included under "Tailoring or clothing alterations".
“Concrete and cement productions” means a manufacturing establishment s producing bulk concrete, concrete building block, brick, and all types of precast and prefab concrete products. Also This use also includes ready-mix concrete batch plants, lime manufacturing, and the manufacture of gypsum products, including plasterboard. A retail ready-mix concrete operation as an incidental use in conjunction with a building materials outlet is defined under "Building materials and supply or home improvement store". “Electrical equipment and component manufacturing” means an establishment s engaged in manufacturing distribution, power, and specialty transformers; electric motors, generators, and motor generator sets; industrial controls; relays; and switchgear and switchboard apparatus (e.g., circuit breakers, fuses, power switching equipment); electrical equipment and components (except electric lighting equipment) including antennas, cryogenic cooling devices, magnetic cores and sockets.. “Electronic component manufacturing” means establishments engaged in manufacturing electrical equipment and components (except electric lighting equipment, generators, household type appliances, industrial controls, motors, relays, switchgear and switchboard apparatus, and transformers) including antennas, cryogenic cooling devices, magnetic cores and sockets.
“Food and beverage manufacturing” means manufacturing establishments producing or processing foods and beverages for human consumption, and certain related products including bakeries, bottling plants, breweries, candy, sugar and confectionery products manufacturing, catering services separate from stores or restaurants, coffee roasting, dairy products manufacturing, fats and oil product manufacturing, fruit and vegetable canning, preserving, related processing, grain mill products and by-products, meat, poultry, and seafood canning, curing, by-product processing, miscellaneous food item preparation from raw products and soft drink production. May include tasting and
accessory retail sales of beverages produced on site. Does not include: bakeries which sell all products on site, beer brewing as part of a brewpub or microbrewery or coffee roasting as part of a café.
“Furniture and cabinet shops” means an establishment engaged in the production of manufacturers producing: wood and metal household furniture and appliances; bedsprings and mattresses; all types of office furniture and partitions, shelving, lockers and store furniture; and miscellaneous drapery hardware, window blinds and shades.
Includes wood and cabinet shops, but not sawmills ,sawmills, which are instead included under “lumber and wood product manufacturing.”
“Glass productions” means a manufacturing establishments producing flat glass and other glass products which are blown, pressed, or shaped from glass produced in the same establishment. Includes large- scale artisan and craftsman- type operations primarily producing primarily for the wholesale market. “Leather productions” means the assembly of finished products made primarily from purchased leather goods including: clothing, furniture, luggage, saddles, shoes/boots, and similar items. Does not include dyeing, tanning, or other processing of leather hides. “Lumber and wood product manufacturing” means manufacturing, processing, and sale s uses involving the milling of forest products to produce rough and finished lumber and other wood materials for use in other manufacturing, craft, or construction processes. This use iIncludes the following processes and products: containers, pallets, and skids, milling operations (incidental), trusses and structural beams, turning and shaping of wood products, wholesaling of basic wood products and wood product assembly. “Machinery manufacturing” means the manufacturing of machinery and equipment for purposes and products including the following construction, conveyors, die casting, dies, dredging, engines and turbines, farm and garden, gear cutting, heating, ventilation, air conditioning, industrial molds, materials handling, passenger and freight elevators, pistons, printing, pumps and refrigeration equipment.
“Metal products fabrication” means the assembly of metal parts, including blacksmith and welding shops, boiler shops, machine shops, and sheet metal shops that produce cabinets and enclosures, metal doors and gates, metal ductwork, tanks, towers, and similar products.
“Monument and tombstone works” means establishments primarily engaged in cutting, shaping, and finishing granite, marble, slate, and other stone for building and miscellaneous uses. Also includes establishments primarily engaged in buying or selling partly finished monuments and tombstones.
“Motor vehicle manufacturing” means the manufacturing and assembly of motor vehicles (e.g., automobiles, boats, campers, golf carts, mobile homes, motorcycles, motorized farm equipment, recreational and utility trailers, trucks, snowmobiles, jet skis, quad runners, and vans) and parts and components directly related to the manufacturing and assembly of motor vehicles.
“Paper product manufacturing” means the manufacturinge of paper and paperboard, from both raw and recycled materials, and their conversion into products including paper bags, boxes, envelopes, wallpaper, etc.
“Pharmaceutical manufacturing” means establishments engaged in the production of drugs and related therapeutic products for distribution to clinics, hospitals, and medical- related facilities.
“Plastics and rubber productions” means the manufacturing e of rubber products including: flooring; heels and soles; mechanical rubber goods; rubber footwear; and rubber sundries from natural, synthetic, or reclaimed rubber. Also This use also includes:
establishments engaged in molding primary plastics for the trades; manufacturing miscellaneous finished plastics products; fiberglass manufacturing and fiberglass application services; and tire recapping, retreading, and rebuilding. “Printing and publishing” means an establishments engaged in printing by gravure, letterpress, lithography, offset, screen, or other common process, including electrostatic (xerographic) copying and other “quick printing” services; and establishments serving the printing trade including bookbinding, electrotyping, engraving, photoengraving, and typesetting. This use also includes establishments that publish books, newspapers, and periodicals; and establishments manufacturing business forms and binding devices. “Structural clay and pottery products” means a manufacturing establishment s primarily producing brick and structural clay products, including plumbing fixtures, vitreous articles, fine earthenware, porcelain electrical supplies and parts, and pipe. “Surgical and medical instrument manufacturing” means an establishments engaged in manufacturing medical, ophthalmic, surgical, and veterinary instruments and apparatus (except electromedical, electrotherapeutic, and irradiation apparatus). “Telecommunication component manufacturing” means an eestablishment s engaged in manufacturing electromagnetic and photoelectrical broadcast, receiving, repeater station, and transmission equipment for cellular telephone, radio, telegraph, telephone, television, and data network communications, including commercial earth stations for satellite-based communications including antennas, cell phones and components, satellite dish antennas and components, towers and transmission equipment and components.
“Textile productions” means a manufacturing establishments engaged in performing any of the following operations: preparation of fiber and subsequent manufacturing of braids, threads, twine cordage, yarn; coating, waterproofing, or otherwise treating fabric; dyeing and finishing fabric, fiber, yarn, and knit apparel; manufacturing woven fabric and carpets and rugs from yarn; the integrated manufacture of knit apparel and other finished products from yarn; the manufacture of felt goods, lace goods, nonwoven fabrics, and miscellaneous textiles; and upholstery manufacturing.
“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 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, abrasives, acid, aircraft carbon black and lampblack, charcoal, chlorine , coal and coke ovens, cement, corrosive acid or fertilizer lime, disinfectants, explosives, gypsum or plaster-of-Paris, insecticides, poisons, paint, lacquer, varnish, petroleum products, coal products, plastic and synthetic resins, tannery, turpentine, wax and wax products, and radioactive materials. This subcategory also includes biomass energy conversion, chemical manufacturing, animal food manufacturing, petrochemical tank farms, gasification plants, smelting, oil refining, 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 or 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 and industrial services. (D7)
11.B.
AGENDA
STAFF REPORT
MEETING DATE: 7/2/2024 AGENDA SECTION: CONSENT CALENDAR
SUBJECT:
Appointment of Jim Nelson to the Planning Commission seat with a term ending on 12/31/2024 and Appointment of Bernardo Marez to the 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 12/31/2024.
BACKGROUND:
Mr. Jim Nelson has served as the planning commission alternate since May 7, 2024. On June 4, 2024, the Council appointed Marten Devine to the District B Council seat, which opened a voting seat on the Planning Commission. As the seated alternate, Mr. Jim Nelson shall be appointed to the vacant seat.
Mr. Marez was interviewed as part of the Commission selection process and was most recently interviewed by the City Council as a candidate for the District B Council Seat vacancy. The Mayor is putting forth his name for appointment, with the approval of the Council.
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
11.C.
AGENDA
STAFF REPORT
MEETING DATE: 7/2/2024 AGENDA SECTION: CONSENT CALENDAR
SUBJECT:
Authorization for the City to accept an FAA Grant Agreement, once the original is received, for the Hanford Municipal Airport, in the amount of $157,500 for the preparation of a Pavement Maintenance Management Plan and Authorization for the Airport Manager to execute the Grant Agreement and appropriation of $170,000 in the Airport Fund.
RECOMMENDATION:
Recommendation: That the City Council, by motion, Authorize the City to accept an FAA Grant Agreement, once the original is received, for the Hanford Municipal Airport, in the amount of $157,500 for the preparation of a Pavement Maintenance Management Plan and Authorize the Airport Manager to execute the Grant Agreement and appropriate $170,000 in the Airport Fund.
BACKGROUND:
The Federal Aviation Administration (FAA) is in the process of final approval for a grant offer in the amount of $157,500 for the preparation of a Pavement Management Program for the Hanford Municipal Airport. The airport’s financial requirement is $9,625. That figure equals the City’s required portion of the grant, minus the FAA grant and state matching funds, which will be funded through airport reserves which are set aside for this purpose.
Historically, airports have made decisions about pavement maintenance and rehabilitation (M&R) based on immediate need or experience rather than long-term planning or documented data on effective methods. This approach did not allow the airport sponsor to evaluate the cost effectiveness of alternative strategies, and it led to the inefficient use of available FAA funding.
A Pavement Management Program (PMP) provides a consistent, objective, and systematic procedure for establishing facility policies, setting priorities and schedules, allocating resources, and budgeting for pavement maintenance and rehabilitation. It can also quantify information and provide specific recommendations for actions required to maintain a pavement network at an acceptable level of service while minimizing the cost of maintenance and rehabilitation. A PMP not only evaluates the present condition of a pavement, but also predicts its future condition through the use of pavement condition indicators. By projecting the rate of deterioration, a life-cycle cost analysis can be made for various alternatives to determine the optimal time to apply the best M&R alternative and avoid higher M&R costs in the future.
The Five-Year Capital Improvement Plan calls for significant pavement improvements. However, the existing PMR is outdated and is not prioritized based on the actual condition of the existing
pavement. The FAA requires that an airport have an updated PMR prior to funding any paving projects and, accordingly, they will pay for the majority of the cost to prepare the plan.
The City Council has previously approved the contract with Brandley Engineering to prepare the PMP. This grant will provide the necessary funding to complete the project.
FISCAL IMPACT:
The total cost of this contract is not to exceed $170,000. The FAA will reimburse the City for $153,000. CalTrans Division of Aeronautics will reimburse the City for $8,500. The remaining $8,500 will come from the Airport Enterprise Fund.
ATTACHMENTS:
1. Application - HJO PMMP - 2024 AIP
APPLICATION FOR FEDERAL ASSISTANCE
HANFORD MUNICIPAL AIRPORT
HANFORD, CALIFORNIA
2024 AIRPORT IMPROVEMENT PROGRAM (AIP)
PAVEMENT MAINTENANCE MANAGEMENT PLAN (PMMP)
MARCH 20, 2024
APPLICATION FOR FEDERAL ASSISTANCE
HANFORD MUNICIPAL AIRPORT
HANFORD, CALIFORNIA
2024 AIRPORT IMPROVEMENT PROGRAM (AIP)
PAVEMENT MAINTENANCE MANAGEMENT PLAN (PMMP)
The City of Hanford has prepared and submits herewith an Application for Federal Assistance for a grant under the Airport Improvement Program (AIP) for a Pavement Maintenance Management Plan for the Hanford Municipal Airport.
This application includes the documents listed in the FY24 AIP/AIG Pre -Application Checklist, including the FY24 Airport Project Schedule, Standard Form 424, FAA Form 5100-100, Program Narrative (Justification), project costs including IFE , Exhibit “A”, Standard DOT Title VI Assurances, SAM certificate, and sponsor certifications.
Airport: Hanford Municipal Airport, Kings County, California Project:
No. Item SFO ADO Due
Anticipated
Submission Comments
1 Submission of Updated ACIP to SFO-ADO 7/14/23 7/14/23 Submitted 7-13-23 2 Submission of Pre-Application Checklist to ADO by: 9/30/23 9/30/23 Submitted 9-28-23 3 Sponsor Submits IFE & Negotiated Fees for any
Engineering Costs 1/31/24 Submitted 3-19-24
4 Final Application 4/1/24 Finalized 3-20-24
FY24 AIRPORT PROJECT SCHEDULE - AIP
PAVEMENT MAINTENANCE MANAGEMENT PLAN (PMMP)
Date
Pavement Maintenance Management Plan (PMMP)
OMB Number: 4040-0004
Expiration Date: 11/30/2025
Application for Federal Assistance SF-424
*1. Type of Submission:
Preapplication
Application
Changed/Corrected Application
*2. Type of Application
New
Continuation
Revision
* If Revision, select appropriate letter(s):
* Other (Specify)
*3. Date Received: 4. Applicant Identifier:
5a. Federal Entity Identifier: 5b. Federal Award Identifier:
State Use Only:
6. Date Received by State: 7. State Application Identifier:
8. APPLICANT INFORMATION:
*a. Legal Name:
*b. Employer/Taxpayer Identification Number (EIN/TIN): *c. UEI:
d. Address:
*Street 1:
Street 2:
*City:
County/Parish:
*State: Province:
*Country:
*Zip / Postal Code
e. Organizational Unit:
Department Name: Division Name:
f. Name and contact information of person to be contacted on matters involving this application:
Prefix: *First Name:
Middle Name:
*Last Name:
Suffix:
Title:
Organizational Affiliation:
*Telephone Number: Fax Number:
*Email:
Application for Federal Assistance SF-424
*9. Type of Applicant 1: Select Applicant Type:
Type of Applicant 2: Select Applicant Type:
Type of Applicant 3: Select Applicant Type:
*Other (Specify)
*10. Name of Federal Agency:
11. Catalog of Federal Domestic Assistance Number:
CFDA Title:
*12. Funding Opportunity Number:
*Title:
13. Competition Identification Number:
Title:
14. Areas Affected by Project (Cities, Counties, States, etc.):
*15. Descriptive Title of Applicant’s Project:
Attach supporting documents as specified in agency instructions.
Application for Federal Assistance SF-424
16. Congressional Districts Of:
*a. Applicant: *b. Program/Project:
Attach an additional list of Program/Project Congressional Districts if needed.
17. Proposed Project:
*a. Start Date: *b. End Date:
18. Estimated Funding ($):
*a. Federal
*b. Applicant
*c. State
*d. Local
*e. Other
*f. Program Income
*g. TOTAL
.
*19. Is Application Subject to Review By State Under Executive Order 12372 Process? a. This application was made available to the State under the Executive Order 12372 Process for review on b. Program is subject to E.O. 12372 but has not been selected by the State for review. c. Program is not covered by E.O. 12372.
*20. Is the Applicant Delinquent On Any Federal Debt?
Yes No
If “Yes”, explain:
21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U. S. Code, Title 218, Section 1001) ** I AGREE
** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions.
Authorized Representative:
Prefix: *First Name:
Middle Name:
*Last Name:
Suffix:
*Title:
*Telephone Number: Fax Number:
* Email:
*Signature of Authorized Representative: *Date Signed:
FAA Form 5100-100 (8/20) SUPERSEDES PREVIOUS EDITION Page 1 of 7 U.S. Department of Transportation
Federal Aviation Administration
OMB CONTROL NUMBER: 2120-0569
EXPIRATION DATE: 6/30/2023
Application for Federal Assistance (Development and Equipment Projects) PART II – PROJECT APPROVAL INFORMATION
Part II - SECTION A
The term “Sponsor” refers to the applicant name provided in box 8 of the associated SF-424 form.
Item 1.
Does Sponsor maintain an active registration in the System for Award Management (www.SAM.gov)? Yes No
Item 2.
Can Sponsor commence the work identified in the application in the fiscal year the grant is made or within six months after the grant is made, whichever is later? Yes No N/A Item 3.
Are there any foreseeable events that would delay completion of the project? If yes, provide attachment to this form that lists the events. Yes No N/A Item 4.
Will the project(s) covered by this request have impacts or effects on the environment that require mitigating measures? If yes, attach a summary listing of mitigating measures to this application and identify the name and date of the environmental document(s).
Yes No N/A
Item 5.
Is the project covered by this request included in an approved Passenger Facility Charge (PFC) application or other Federal assistance program? If yes, please identify other funding sources by checking all applicable boxes.
Yes No N/A
The project is included in an approved PFC application.
If included in an approved PFC application,
does the application only address AIP matching share? Yes No The project is included in another Federal Assistance program. Its CFDA number is below.
Item 6.
Will the requested Federal assistance include Sponsor indirect costs as described in 2 CFR Appendix VII to Part 200, States and Local Government and Indian Tribe Indirect Cost Proposals?
Yes No N/A
If the request for Federal assistance includes a claim for allowable indirect costs, select the applicable indirect cost rate the Sponsor proposes to apply:
De Minimis rate of 10% as permitted by 2 CFR § 200.414.
Negotiated Rate equal to % as approved by (the Cognizant Agency) on (Date) (2 CFR part 200, appendix VII).
Note: Refer to the instructions for limitations of application associated with claiming Sponsor indirect costs.
OMB CONTROL NUMBER: 2120-0569 OMB
EXPIRATION DATE: 6/30/2023
FAA Form 5100-100 (8/20) SUPERSEDES PREVIOUS EDITION Page 2 of 7
PART II - SECTION B
Certification Regarding Lobbying
The declarations made on this page are under the signature of the authorized representative as identified in box 21 of form SF-424, to which this form is attached. The term “Sponsor” refers to the applicant name provided in box 8 of the associated SF-424 form.
The Authorized Representative certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sponsor, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Authorized Representative shall complete and submit Standard Form-LLL, ‘‘Disclosure Form to Report Lobbying,’’ in accordance with its instructions. (3) The Authorized Representative shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
OMB CONTROL NUMBER: 2120-0569 OMB
EXPIRATION DATE: 6/30/2023
FAA Form 5100-100 (8/20) SUPERSEDES PREVIOUS EDITION Page 3 of 7 PART II – SECTION C
The Sponsor hereby represents and certifies as follows:
1. Compatible Land Use – The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport:
2. Defaults – The Sponsor is not in default on any obligation to the United States or any agency of the United States Government relative to the development, operation, or maintenance of any airport, except as stated herewith:
3. Possible Disabilities – There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of the Grant Assurances, either by limiting its legal or financial ability or otherwise, except as follows:
4. Consistency with Local Plans – The project is reasonably consistent with plans existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport.
5. Consideration of Local Interest – It has given fair consideration to the interest of communities in or near where the project may be located.
6. Consultation with Users – In making a decision to undertake an airport development project under Title 49, United States Code, it has consulted with airport users that will potentially be affected by the project (§ 47105(a)(2)).
7. Public Hearings – In projects involving the location of an airport, an airport runway or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project.
8. Air and Water Quality Standards – In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable and air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary.
OMB CONTROL NUMBER: 2120-0569 OMB
EXPIRATION DATE: 6/30/2023
FAA Form 5100-100 (8/20) SUPERSEDES PREVIOUS EDITION Page 4 of 7 PART II – SECTION C (Continued)
9. Exclusive Rights – There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows:
10. Land – (a) The sponsor holds the following property interest in the following areas of land, which are to be developed or used as part of or in connection with the Airport subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit “A”. [1] The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such attorney or title company has determined that the Sponsor holds the above property interests. (b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land on which such construction work is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit “A”. [1] (c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project, the following property interest in the following areas of land which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as
Exhibit “A”. [1]
1 State the character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map.
OMB CONTROL NUMBER: 2120-0569 OMB
EXPIRATION DATE: 6/30/2023
FAA Form 5100-100 (8/20) SUPERSEDES PREVIOUS EDITION Page 5 of 7 PART III – BUDGET INFORMATION – CONSTRUCTION
SECTION A – GENERAL
1. Assistance Listing Number:
2. Functional or Other Breakout:
SECTION B – CALCULATION OF FEDERAL GRANT
Cost Classification
Latest Approved
Amount
(Use only for
revisions)
Adjustment
+ or (-) Amount
(Use only for
revisions)
Total
Amount
Required
1. Administration expense
2. Preliminary expense
3. Land, structures, right-of-way
4. Architectural engineering basic fees
5. Other Architectural engineering fees
6. Project inspection fees
7. Land development
8. Relocation Expenses
9. Relocation payments to Individuals and Businesses
10. Demolition and removal
11. Construction and project improvement
12. Equipment
13. Miscellaneous
14. Subtotal (Lines 1 through 13)
15. Estimated Income (if applicable)
16. Net Project Amount (Line 14 minus 15)
17. Less: Ineligible Exclusions (Section C, line 23 g.)
18. Subtotal (Lines 16 through 17)
19. Federal Share requested of Line 18
20. Grantee share
21. Other shares
22. TOTAL PROJECT (Lines 19, 20 & 21)
OMB CONTROL NUMBER: 2120-0569 OMB
EXPIRATION DATE: 6/30/2023
FAA Form 5100-100 (8/20) SUPERSEDES PREVIOUS EDITION Page 6 of 7 SECTION C – EXCLUSIONS
23. Classification (Description of non-participating work) Amount Ineligible for
Participation
a.
b.
c.
d.
e.
f.
g. Total
SECTION D – PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
24. Grantee Share – Fund Categories Amount
a. Securities
b. Mortgages
c. Appropriations (by Applicant)
d. Bonds
e. Tax Levies
f. Non-Cash
g. Other (Explain):
h. TOTAL - Grantee share
25. Other Shares
a. State
b. Other
c. TOTAL - Other Shares
26. TOTAL NON-FEDERAL FINANCING
SECTION E – REMARKS
(Attach sheets if additional space is required)
Amount
HANFORD MUNICIPAL AIRPORT – HANFORD, KINGS COUNTY, CALIFORNIA
APPLICATION FOR FEDERAL ASSISTANCE
2024 AIRPORT IMPROVEMENT PROGRAM (AIP) –
PAVEMENT MAINTENANCE MANAGEMENT PLAN (PMMP)
PART IV
PROGRAM NARRATIVE
1. OBJECTIVES
An Application for Federal Aviation Administration Airport Improvement Program (AIP) funds has been prepared for the Pavement Maintenance Management Plan (PMMP) proposed to be included in the 2024 Airport Improvement Program (AIP) for the Hanford Municipal Airport.
The project description is as follows:
The F.A.A. has a requirement for the Sponsor, in order to remain eligible for Federal funding, to prepare and maintain an updated copy of the Pavement Maintenance/Management Plan (PMMP) for the airport. A PMMP is necessary to plan all pavement rehabilitation or maintenance projects required at the airport. A new comprehensive PMMP is proposed including pavement condition surveys to determine PCI and non-destructive load tests to determine deep- seated distress and remaining pavement life.
This will include pavement section determination studies to identify all existing pavement sections and underlying subgrade soils, pavement condition surveys to identify surface deterioration conditions and non- destructive load tests to be used with fatigue analysis methodologies to determine deep-seated distress and remaining pavement life. This type PMMP will provide a schedule and type of maintenance and/or reconstruction required to extend the life of the pavement sections at least 20 years using forecast traffic. The results of the PMMP will also include estimated maintenance and reconstruction costs so that the Sponsor and FAA can evaluate timing and type of reconstruction/rehabilitation and/or maintenance required to maintain the pavements in a safe operating condition.
2. RESULTS OR BENEFITS EXPECTED
The preparation of a PMMP for the pavements on the airport will provide critical information as to the condition of the pavements and remaining life of the pavements including PCI and PCR. The PMMP will also provide data on the required maintenance, reconstruction, or rehabilitation required on all pavements on the airport over the next 20 years.
3. APPROACH
A complete and detailed Pavement Maintenance Management Plan/Pavement Evaluation Study will include four major elements as listed below:
a. Pavement Structure Determination
– In order to determine the existing strength of
each pavement layer and the remaining life of each pavement section, detailed information about each pavement section on the airport must be determined prior to evaluating the non-destructive test data. Any available existing borings will be utilized along with a series of new geotechnical borings and cores to be taken in areas that no previous information is available to determine the thickness of each layer of every
Hanford Municipal Airport Part IV – Program Narrative Application for Federal Assistance
2024 Airport Improvement Program (AIP) Page 2
Pavement Maintenance Management Plan (PMMP)
pavement section on the airfield. The results will be summarized for future design projects and utilized with the non-destructive testing (NDT) performed in this project to supplement the pavement condition index data as recommended in Advisory Circular 150/5380-7B Item 2.2.1.2 and Advisory Circular 150/5320-6G Appendix C.
b. Pavement Condition Index (PCI) Determination
Pavements show distress and/or failure due to weathering, other environmental effects, age, traffic, and lack of maintenance. These distresses generally show up in the form of cracking, shoving, spalling, rutting, or other surface defects. A detailed visual inspection will be made of all pavements. The scope of investigation will be performed as set forth in ASTM D5340, Airport Pavement Condition Index Surveys.
Once these surveys are complete, Pavement Condition Index values will be assigned to each section of pavement.
c.
Deep-Seated Distress
Deep-seated distress is a result of traffic passing over the pavement section and is a function of the type traffic (impact or static loads), the load on the tire, and the number of aircraft coverages. Deep- seated distress ultimately leads to total failur e of the section including critical subgrades or subsoils. These failures are generally exhibited as rutting and map cracking within the ruts for flexible pavements and slab shattering, cracking, or deflections in rigid pavements. The failure is generall y a fatigue- type failure and is a function of the type load and number of coverages. Non-destructive testing will be conducted to obtain the necessary basic data to evaluate these pavements. On areas where deep-seated distress analysis is required, all pavements are tested with the falling weight deflectometer with the spacing of the tests being 100 to 200 feet. The modulus of elasticity of each pavement layer is calculated from the falling weight deflectometer data. Each pavement section is then analyzed with the forecast traffic utilizing both the Brandley Fatigue Analysis methodology and the FAA FAARFIELD methodology to predict time of failure under fatigue loading.
d. Pavement Maintenance Management Program (PMMP) Report
A PMMP report will be prepared that summarizes all data obtained in the geotechnical and pavement section determination, PCI determination, PCR, and deep- seated distress study derived from this data. The report will include a detailed pavement rehabilitation plan and schedule including estimated budgets, plus the following:
1. Traffic Determination and Forecasts
When evaluating airfield pavements for deep -seated distress it is the number of coverages of each wheel on each aircraft over a given point of pavement that contributes to the deep- seated distress on or near that section of pavement. A determination of the current and forecast traffic at the airport will be made for traffic
Hanford Municipal Airport Part IV – Program Narrative Application for Federal Assistance
2024 Airport Improvement Program (AIP) Page 3
Pavement Maintenance Management Plan (PMMP)
on each segment of airfield pavement based on the Airport’s traffic records and forecasts.
2. Analysis and Recommendations
Based on the surface distress surveys and the deep- seated distress analysis, forecast remaining pavement life is evaluated, time and type of strengthening or rehabilitation or reconstruction of each section is ascertained, different types of strengthening, overlaying, or reconstruction are analyzed, and cost benefit analyses are conducted. Recommended procedures for rehabilitation are then made for each section, including the time and type of repair and rehabilitation required. For rigid pavements it is important to determine the stress under load in the pavement section itself to determine the adequacy of the concrete section and estimated time of failure. It is also important to evaluate load-transfer of the joints and deep-seated distress using the Fatigue Analysis methodology. Once this is completed, analyses are conducted to determine the most cost -effective rehabilitation and the schedule that this rehabilitation work should be performed.
The evaluations conducted will not only provide recommendations for strengthening and rehabilitating pavement sections but will also provide recommendations for maintenance work required to extend the life of the pavements and improve riding and operating conditions for the pavements.
3. Rehabilitation Costs
After the analysis and recommendations have been prepared for maintenance and rehabilitation, then preliminary cost analyses will be conducted to determine the estimated cost of the recommended maintenance and/or rehabilitation. These data can be used to establish maintenance and rehabilitation budgets for the airport.
Consultant – The consultant who will work on the project will be Brandley Engineering, Inc.
4. GEOGRAPHIC LOCATION
The project included in this application will be at the Hanford Municipal Airport located in Hanford, California. The areas to be served will be the Hanford Municipal Airport and areas of Kings County that will be served by the airport improvements.
5. SPONSOR’S REPRESENTATIVES
Robert Loogman, Airport Manager, Hanford Municipal Airport, City of Hanford, 954 E Hanford Armona Road, Hanford, CA 93230. Telephone: 559-585-2589, Email:
[email protected]
Hanford Municipal Airport Part IV – Program Narrative Application for Federal Assistance
2024 Airport Improvement Program (AIP) Page 4
Pavement Maintenance Management Plan (PMMP)
Mario Cifuentez, City Manager, City of Hanford, 319 N. Douty Street, Hanford, CA 93230, Telephone: 559-585-2516, Email: [email protected]
6. ATTACHMENTS
Also included in this application are the following attachments:
Attachment 1 – Cost Estimates including Independent Fee Estimate (IFE) Attachment 2 – Exhibit A, Property Map
Attachment 3 – Standard DOT Title VI Assurances
Attachment 4 – System for Award Management (SAM)
Attachment 5 – Sponsor Certifications
ATTACHMENT 1
COST ESTIMATES
HANFORD MUNICIPAL AIRPORT
HANFORD, KINGS COUNTY, CALIFORNIA
Cost Estimates of the projects are included in this attachment as follows:
Attachment 1A– Breakdown of Engineering Costs
Attachment 1B – Breakdown of Administration Costs
Attachment 1C - Summary of Project Costs
Also includes
Independent Fee Estimate (IFE)
ATTACHMENT NO. 1A
Hours Rate Total
Pavement Structure Determination
Mobilization 3,000.00$
Truck Drill - 3 Man Crew 16.0 570.00$ 9,120.00 OT Truck Drill - 3 Man Crew 4.0 640.00 2,560.00 Per Diem - 3 Man Crew (Per Crew/Per Day) 3.5 700.00 2,450.00 Materials - Soil Tubes, concrete, dye 500.00
Senior Engineer (Field) 63.5 180.00$ 11,430.00 Senior Engineer - OT (Field) 12.0 270.00 3,240.00 Per Diem 6.0 195.00 1,170.00
Mileage 910.0 0.655 596.05
Geotechnical Engineer (Lab) 16.0 300.00 4,800.00 Senior Engineer (Lab) 73.0 180.00 13,140.00 Laboratory Technician (Lab) 12.0 90.00 1,080.00 Total Pavement Structure Determination 53,086.05$
Use 53,000.00$
Falling Weight Deflectometer Testing
Mobilization (From Ventura, CA) 14.0 337.00$ 4,718.00$ HWD Testing 1 Day 3,500.00 3,500.00
Equipment Set Up 1.5 110.00 165.00
Per Diem 2 Days 250.00 500.00
Photos - Lump Sum 500.00
Project Management 3.0 232.00 696.00
Principal Engineer 20.0 300.00 6,000.00
Mileage 500.0 0.655 327.50
Per Diem - Principal Engineer 2.0 195.00 390.00 Total Falling Weight Deflectometer Testing 16,796.50$
Use 17,000.00$
Pavement Condition Index (PCI)
Surface Condition Survey 8.0 300.00$ 2,400.00$ Evaluation of Data 12.0 300.00 3,600.00
Total PCI 6,000.00$
Engineering Analysis and Report
Principal Engineer 200.0 300.00$ 60,000$
Senior Engineer 50.0 180.00 9,000
Junior Engineer 180.0 120.00 21,600
Project Administrator 24.0 100.00 2,400
Clerical 10.0 85.00 850
Total Engineering & Report 93,850$
Use 94,000$
TOTAL 170,000$
HANFORD MUNICIPAL AIRPORT
CITY OF HANFORD, CALIFORNIA
2024 AIRPORT IMPROVEMENT PROGRAM
BREAKDOWN OF ENGINEERING COSTS
Pavement Maintenance Management Plan (PMMP)
Staff
Total
Attachment 1A 3/20/2024
ATTACHMENT NO. 1B
City of Hanford Salaries 4,000.00$
Expenses - Mailing, Printing, etc. 1,000.00
Total Administration Costs 5,000.00$
Use 5,000.00$
BREAKDOWN OF ADMINISTRATION COSTS
HANFORD MUNICIPAL AIRPORT
2024 AIRPORT IMPROVEMENT PROGRAM
Pavement Maintenance Management Plan (PMMP)
CITY OF HANFORD, CALIFORNIA
Attachment 1B 3/20/2024
ATTACHMENT NO. 1C
Engineering Costs:
Pavement Structure Determination 53,000$
Falling Weight Deflectometer Testing 17,000
Pavement Condition Index (PCI) 6,000
Engineering Analysis and Report 94,000
Administration 5,000
Total Project Cost 175,000$
F.A.A. Participation - 90% 157,500$
Sponsor Participation 9,625$
State Participation 7,875$
HANFORD MUNICIPAL AIRPORT
CITY OF HANFORD, CALIFORNIA
2024 AIRPORT IMPROVEMENT PROGRAM
SUMMARY OF PROJECT COSTS
Pavement Maintenance Management Plan
Attachment 1C 3/20/2024
Independent Fee Estimates, LLC
4246 N Portage Ave, Meridian Idaho 83646
Phone: (208) 371-5971
March 1, 2024
Mr. Mario Cifuentez, II
City Manager
City of Hanford
319 N. Douty Street
Hanford, CA 93230
RE: Independent Fee Estimate
Hanford Municipal Airport
Pavement Maintenance Management Plan (PMMP)
Dear Mr. Cifuentez;
Please find attached the detailed In dependent Fee Estimate (IFE) spreadsheet s for your PMMP project at Hanford Municipal Airport. If you have any questions regarding the hours, fees, or line items, please contact me at your convenience to discuss those items.
The hours were estimated based upon by the “Scope of Work”, an exhibit with the area of the project, and a blank Excel spreadsheet which were received from you via email on February 8, 2024. In addition, Ms. Melissa Brandley provided clarifications to both of us via email on February 12, 2024 regarding questions that I had relating to the Scope of Work.
If any of the general tasks need to be discussed via a teleconference, Independent Fee Estimates, LLC will be glad to look into those tasks until they are resolved.
The summary of costs on the project are as follows:
Task 1 – Pavement Structure Determination: $ 61,115.83 Task 2 – Falling Weight Deflectometer Testing: $ 17,304.70 Task 3 – Pavement Condition Index (PCI): $ 22,559.06 Task 4 – Engineering Analysis and Report: $ 52,822.74
Total for PMMP Services: $153,802.33
It was our understanding that your consultant will be servicing this project from their office in Loomis, California, and that they will be on site during the Geotechnical Pavement Investigation and the Falling Weight Deflectometer Testing operations . We therefore calculated the hours for travel time and expenses associated with that location. In conjunction with that, we used the General Se rvices Administration’s mileage rate of $0. 67/mile, a “travel day” per diem rate of $ 44.25/day, an “overnight” per diem rate of $ 59/day, and a lodging rate of $ 139/night to calculate travel expenses. The GSA rates are typically accepted for Federally-funded projects.
Independent Fee Estimates, LLC
4246 N Portage Ave, Meridian Idaho 83646
Phone: (208) 371-5971
In addition, w e verified that there are three hotel within three miles of the airport with a “good” rating, which can be booked for that rate, or less.
It sho uld be noted that the spreadsheet task items did not quite match up with those in the Scope of Work. We therefore modified the spreadsheet by adding a few line items to provide a little additional detail.
This cost estimate was based on r esearch for labor, overhead, and associated fees for completing this type of work for consulting firms in California. Please note that labor costs may differ from the estimate and actual costs should be reviewed and assessed for acceptability given local circumstances, credentials, and experience of assigned personnel.
After the Airport and the FAA have determined that this IFE is acceptable, and after any line items have been addressed to your satisfaction by Independent Fee Estimates , LLC , please submit this letter as an invoice for $ 2,240 to your accounting department for services rendered.
Remember to include the fee for this IFE as an Administrative Expense in your first FAA Request For Reimbursement (RFR) as it is a 90%+ reimbursable expense.
Thank you for the opportunity to assist the City of Hanford with this project.
Sincerely,
J. D. Heithoff
J. D. Heithoff, P.E., C.M.
Senior Airport Engineer