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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)
“Glass production” means a manufacturing establishment 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 for the wholesale market.
“Golf course or country club” means one or more golf courses, with accessory facilities and uses that can include clubhouses with bar and restaurant, locker and shower facilities; driving ranges; "pro shops" for onsite sales of golfing equipment; and golf cart storage and sales facilities. (G4) “Government office; local, state, or federal” means a facility owned or operated by a local, state, or federal government that provides services to the public such as employment assistance, public assistance, motor vehicle registration and licensing services and similar activities commonly accustomed to having sizeable assemblages of people waiting for service, whether pedestrian or vehicular. This use does not include a government-owned facility that is more specifically defined in this chapter, such as fairgrounds, cemetery, post office, or public safety facility. (F9) “Guest house” means living quarters without a kitchen, located on the same premises with a main residence. (34)
Hair salon. See Barbershop, hair salon, nail care, massage therapy, or day spa. (J4) “Hazardous waste facility” means all contiguous land and structures, other appurtenances and improvements on the land used for the treatment, transfer, storage, resource recovery, disposal or recycling of hazardous waste, and may consist of one or more treatment, transfer, storage, resource recovery, disposal or recycling hazardous waste management units, or combinations of these units. (See Health and Safety Code Section 25117.1.) (D5)
“Health or fitness facility, large” means a fitness center, gymnasium, health club or athletic club that typically charges a membership fee and includes any of the following: indoor sauna, spa or hot tub facilities; a swimming pool, or a tennis, basketball or handball court. (G5) “Health or Fitness Facility, small” means a fitness center, health club or athletic club that typically charges a membership fee and does not include any of the following: indoor sauna, spa or hot tub facilities; a swimming pool, or a tennis, basketball or handball court. (G6) Heliport. See Airport or heliport. (K1)
“Home occupation” means a commercial business activity conducted as an accessory use within a residence. (A10)
“Hospital, general or psychiatric” means a facility that provides medical, psychiatric, or surgical service for sick or injured persons, primarily on an in -patient basis, and including ancillary facilities for out- patient and emergency treatment, diagnostic services, training, research, administration and services to patients, employees, or visitors. (E5) “Hotel or motel” means a building or group of buildings in one complex consisting of multiple guest rooms intended or designed to be occupied on a temporary basis, and typically providing
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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; phot ographic 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, 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)
“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 Agric ultural 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.
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"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 manufacturi ng of finished parts or products primarily from previously prepared materials and industrial services. (D7)
“Junior accessory dwelling unit” (JADU) means a residential dwelling unit that is no larger than five hundred (500) square feet in size and contained entirely within a single -family residence. A JADU may include separate sanitation facilities or may share sanitation facilities with the primary residence.
“Junkyard, wrecking yard, or salvage facility ” means a facility that accepts, collects, and stores junk, scrap, or salvable material, including junk metals or other scrap materials, and/or that stores, dismantles, wrecks, or allows parts removal of more than three (3) non -operating automobiles, other vehicles, or machinery for a period of more than thirty (30) days. (K5) “Keeping of household pets” means the keeping, raising, and caring for domesticated animals that are not considered domestic agricultural animals by the definition of Animal raising, and typically including dogs, cats, birds, fish or other similar sized animals. Also, see Animal raising. (A11) “Kennel or animal boarding” means any facility where four or more dogs, cats, or other small animals are kept overnight for profit, breeding, care, or exhibiting. This use does not include a pet store. (J17)
“Laboratory, general , medical, or dental ” means a facility that conducts scientific or medical experiments, research, or teaching, typically within a completely enclosed building. (E4) “Landscape nursery” means a facility that grows, maintains, and provides trees, plants, and other nursery products for transplant in another location typically to both retailer and wholesale customers. (I20)
“Leather production” 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. “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)
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Lounge. See Bar, nightclub, or lounge. (B2)
“Lumber and wood product manufacturing” means manufacturing, processing, and sale 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 includes 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.
Lumberyard. See Building materials and supply or home improvement store. (I7) “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.
“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 , extract s, infuse s, or otherwise make s or prepare s a marijuana product ; transports, distributes or test marijuana. (D8)
“Meat packing or slaughterhouse” means a facility that slaughters animals and/or packages animal meat for food. (D9)
“Microbrewery” means an establishment that produces small batches of beer for sale on or off of the site, and may or may not include food service. Typically, a microbrewery produces fewer than 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)
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“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)
“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.
Motel. See Hotel or motel. (H6)
“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.
“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)
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“Office; medical, dental, or optometry” means an establishment that provides services, typically by appointment, deal ing with human health including dental, chiropractic, medical, optometry, physical therapy, psychology, psychiatry, family counseling, or therapy. This use does not include Barbershop, hair salon, nail care, massage therapy, or day spa. (E6) “Offices, professional or 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) “Paper product manufacturing” means the manufacturing of paper and paperboard, from both raw and recycled materials, and their conversion into products including paper bags, boxes, envelopes, wallpaper, etc.
“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 receive s 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)
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“Pharmaceutical manufacturing” means establishments engaged in the production of drugs and related therapeutic products for distribution to clinics, hospitals, and medical -related facilities.
“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)
“Plastics and rubber production” means the manufacturing of rubber products including:
flooring; heels and soles; mechanical rubber goods; rubber footwear; and rubber sundries from natural, synthetic, or reclaimed rubber. 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.
“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)
“Printing and publishing – large scale” means an establishment 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.
Private meeting hall. See Club, lodge, or private meeting hall (C3) Professional school. See School, charter, trade, vocational, art, business, or professional. (C12) Produce stand. See Food produce stand. (I13)
“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)
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“Recycling, large collection facility” means a facility located in an area of over five hundred (500) square feet that accepts recyclable materials from the public by donation, redemption, or purchase for temporary storage and transport to a processing and sorting facility. (J25) “Recycling, processing or sorting facility” means a facility used for the collection, processing and preparation of recyclable material for efficient shipment, or to an end-user's specifications, by such means as bailing, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. (J26)
“Recycling, small collection facility” means facility located in an area of not more than five hundred (500) square feet that provides for the redemption of California CRV redeemable beverage containers by means of a kiosk, container, mobile unit, reverse vending machine or other collection method. (J24)
“Religious institution or facility” means a facility used primarily to gather for religious worship and related religious activities. (58) (C10)
“Repair shop, large appliance or equipment” means an establishment that restores or repairs major appliances or equipment that generally cannot be easily moved by a single person and is typically placed on the floor. This use typically provides all of its service on -site, and includes repair of large motorized equipment that are not vehicles. (J27) “Repair shop, small appliance or equipment” means an establishment that restores or repairs small appliances or equipment that generally can be moved by one person and is typically repaired on a table or work bench. This use typically provides all of its service on -site, and includes services such as gunsmithing, lawnmower repair, and home computer repair. (J28) “Research and development facility” means a facility that is primarily used for the research, design, development, and testing of biological, chemical, electrical, magnetic, mechanical, and/or optical components in advance of product manufacturing. This use does not involve the fabrication, mass manufacture, or processing of products. (D11)
“Residential care facility” means a single -family dwelling, group care facility, or similar facility licensed by the State of California for twenty -four (24) hour non-medical care of persons in need 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. T akeout 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)
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“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 12
th 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 12
th 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)
"School; charter, trade, vocational, business , or professional” means a facility that is operated either with public funds under a charter contract or with private fund s, 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)
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“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) “Structural clay and pottery products” means a manufacturing establishment primarily producing brick and structural clay products, including plumbing fixtures, vitreous articles, fine earthenware, porcelain electrical supplies and parts, and pipe. “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)
“Surgical and medical instrument manufacturing” means an establishment engaged in manufacturing medical, ophthalmic, surgical, and veterinary instruments and apparatus (except electromedical, electrotherapeutic, and irradiation apparatus).
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“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)
“Telecommunication component manufacturing” means an establishment engaged in manufacturing electromagnetic and photoelectrical broadcast, receiving, repeater station, and transmission equipment for cellular telephone, radio, telegraph, telephone, televisi on, 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. “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) “Textile production” means a manufacturing establishment 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.
“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)
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“Truck stop or travel center” means an establishment or group of establishments designed to operate together that provide fuel, overnight parking, lodging, food, convenience goods, or other services primarily to truckers and travelers. (K8)
“Trucking or transportation terminal” means a facility designed specifically for large trucks or other vehicles to load, unload, or transfer freight, cargo containers, or other items being shipped, along with associated fueling areas, maintenance facilities, and offices. (K9) “Urgent care center or other walk -in clinic” means a facility that provides medical treatment of injuries or illnesses that do not require treatment typically provided in an emergency room , typically without an appointment . This use includes urgent care centers, free clinics, hospital - based health clinics, and community health clinics, but does not include ancillary retail clinics located within a retail store, food market, or pharmacy. (E9) “Vehicle impound yard” means a facility that provides temporary storage of vehicles that have been removed or impounded from public or private property at the direction of a peace officer or because of local ordinance or judicial order. (K10)
“Vending machines” means a device that dispenses a product or service upon activation by the receiver of that product or service. Products can include items such as ice , food and beverages, movies and video games, lottery tickets, newspapers, or similar items, but does not include fueling pumps. (A19)
“Veterinary clinic or office” means a facility where animals are examined, diagnosed, or treated, but typically not kept overnight. (J34)
“Veterinary hospital ” means a facility where animals are kept for observation, diagnosis, treatment, or medical care, and can include overnight surveillance. (J35) Vocational school. See School, charter, trade, vocational, art, business, or professional. (C13) “Warehouse or distribution center" means a facility for storage of goods or materials that will eventually be redistributed to retailers, wholesalers, or directly to consumers. This use does not include Mini-warehouse or self-storage facility. (K11) Winery. See Brewery or winery. (D4)
“Wireless Communication Facility” means an unstaffed facility that transmits and rece ives wireless telecommunications, and typically consist s 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; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition or alteration of the size of any structure including any facility of any private, public or municipal utility; and the removal of any major vegetation. As used in this title, “structure” includes but is not limited to any building,
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road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. A “project,” as defined in Government Code Section 65931, is included with this definition.
“Development agreement” means a binding contract between a developer and a city or county establishing the conditions under which a particular development may occur. The local government "freezes" the regulations applicable to the site for an agreed upon period of time. (see California Government Code section 65864)
“Development permit” means a discretionary entitlement which may be granted under the provisions of this title and which when granted authorizes a specific use to be made of specific property, subject to compliance with all terms and conditions imposed on the entitlement. “Display area” means the area of a building in a retail sales store used to display goods that are for sale.
“Driveway” means a permanently surfaced area providing direct access for vehicles between a street and a permitted off-street parking or loading area. “Dwelling” or “Dwelling Unit” means a room or group of rooms (including sleeping, eating, cooking, and sanitation facilities, but not more than one kitchen), which constitutes an independent housekeeping unit, occupied or intended for occupancy by one household on a long-term basis. “Dwelling” or “Dwelling Unit” means a room or group of rooms (including sleeping, eating, cooking, and sanitation facilities, but not more than one (1) kitchen), which constitutes an independent housekeeping unit, occupied or intended for occupancy by one (1) household on a long-term basis. A dwelling unit shall have interior access between all habitable spaces, except that a JADU without a separate bathroom shall maintain interior access to the remainder of the primary residence.
“Easement” means a grant of property rights by the property owner to the public, or any specific person.
“Electric vehicle” means a vehicle that uses a plug -in battery to provide all or part of the motive power of the vehicle, including battery electric, plug-in hybrid electric, or plug-in fuel cell vehicle. “Electric vehicle service equipment” means an electric component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles by permitting the transfer of electric energy to a battery or other storage device in an electric vehicle. “Establishment” means land, buildings, rooms, space, and/or equipment necessary for conducting business.
“Façade” means t he exterior wall of a building exposed to public view or that wall viewed by persons not within the building.
“Family” is an individual or a group of persons living together who constitute a bona fide single - family housekeeping unit in a dwelling unit, not including a fraternity, sorority, club, or other group of persons occupying a hotel, lodging house or institution of any kind. “Facility” means land, buildings, rooms, space, and/or equipment necessary for doing something.
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“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.
“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;
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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. “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.”).
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“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:
1. “Front” means on an interior lot, the line separating the parcel from the street. On a corner lot, the shorter lot line abutting a street. (If the lot lines on a corner lot are equal in length, the front lot line shall be determined by the director). On a through lot, the lot line abutting the street providing the primary access to the lot.
2. “Interior” means any lot line not abutting a street.
3. “Rear” means a lot line, not intersecting a front lot line, which is most distan t from and most closely parallel to the front lot line.
“Lot Width” means the horizontal distance between side lot lines, measured at the front setback line.
“Mall” means a large building or series of connected buildings containing a variety of retail stores, restaurants, and entertainment activities including, but not limited to, such activities as theaters, arcades, amusement rides, rock -climbing and other 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, exerc ise
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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. “Parking area” means any public or private land area designed and used for parking motor vehicles including parking lots, garages, private driveways, and legally designated areas of public streets. “Parking lot” is an off-street, ground-level area, usually surfaced and improved, for the temporary storage of motor vehicles.
“Parking ratio” means the number of parking spaces provided per 1,000 square feet of floor area. “Parking, shared” means a public or private parking area used jointly by two or more uses. “Parking space” is the space marked for the parking of a motor vehicle within a public or private parking area.
“Parking structure or structured parking” means a multi-story car park (also called a parking garage or indoor parking) designed for car parking and where there are a number of floors or levels on which parking takes place.
“Parkway” means that portion of the public street right-of-way between the curb or curb line and the adjacent sidewalk or property line, as applicable, used for or which may be used for the purpose of planting and maintaining street trees, shrubs, hedges, or other plants. In some areas within the city, park strips may extend into a private property’s yard beyond the sidewalk. Park strips may be located on private property or may abut private property. “Performance standards” means zoning regulations that permit uses based on a particular set of standards of operation rather than on particular type of use. Performance standards may provide specific criteria to limit noise, air pollution, emissions, odors, vibration, dust, dirt, glare, heat, fire hazards, wastes, traffic impacts, or visual impact of a use. “Permit” means a written governmental permission issued by an authorized official, empowering the holder thereof to do some act not forbidden by law, but not allowed without such authorization. “Person” means any individual, firm, co- partnership, joint venture, association, social club, fraternal organization, company, joint stock association, corporation, estate, trust, organization, business, business trust, public agency, school district, stat e of California, and its political subdivisions or instrumentalities, receiver, syndicate or any group or combination thereof, acting as a unit, including any trustee, receiver or assignee. “Permitted use” means any use allowed in a land use zoning district and subject to the provisions applicable to that district.
“Planned unit development (PUD)” means the development of a parcel(s) or structure(s) with two or more different land uses such as, but not limited to a combination of residential, office,
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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.
“Recreational vehicle” means a vehicle or trailer capable of human habitation or designed or used for recreational camping or travel use, whether self-propelled or mounted on or drawn by another vehicle, or any structure inspected, approved and designated a recreational vehicle and bearing the insignia of the state of California or any other state or federal agency having the authority to approve recreational vehicles. RVs include, without limitation, any of the following: camp trailer, as defined by the California Vehicle Code Section 324; house car, as defined by California Vehicle Code Section 362; trailer coach, as defined by California Vehicle Code Section 635; mobile home, as defined by California Vehicle Code Section 396; bus, as defined by California Vehicle Code Section 233, whether altered or unaltered or for commercial or private use; boat, watercraft, and/or trailer for a boat or watercraft; trailers designed to carry persons, property or animals on its own structure and to be drawn by a motor vehicle; and recreational vehicle, as defined by the California Health and Safety Code Section 18010.
“Recycling” means the process by which waste products are reduced to raw materials and transformed into new reused or reconstructed products which meet the quality standards necessary to be used in the market place.
“Review authority” means the person, committee, commission or council responsible for the review and/or final action on a land use entitlement.
“Right-of-way” means a strip of land acquired by purchase, reservation, dedication, forced dedication, prescription, or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer, and other similar uses.
“Rounding of quantities” means the consideration of distances, unit density, density bonus calculations, or other aspects of development or the physical environment expressed in numerical quantities which are fractions of whole numbers; the numbers are to be rounded to the nearest highest whole number when the fraction is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5, except as otherwise provided in this Title. “Screened or screening” means shielded, concealed, and effectively hidden from view by a person standing at ground level on an abutting site, or outside the area, screened by a fence, wall, hedge, berm, or similar architectural or landscape feature that is at least 90% view obscuring. “Setback” means the area between the setback line and property line. “Setback line” is a line within a lot parallel to and measured from a corresponding lot line, forming the boundary of a required yard and governing the placement of structures and uses on the lot.
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“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. “Site plan” means a plan, prepared to scale, showing accurately and with complete dimensioning all of the buildings, structures, and uses and the exact manner of development proposed for a specific parcel of land.
“Slope” means the degree of deviation of a surface from the horizontal, usually expressed in percentage or degrees.
“Solar facilities” means the airspace over a parcel that provides access for solar energy system to absorb energy from the sun.
“Specific plan” means a plan consisting of text, maps and other documents and exhibits regulating development within a defined area of the city, consistent with the General Plan and the provisions of Government Code Section 65450, et seq.
“Story” means that portion of a building included between the surface of any floor and the surface of any floor next above it, or if there be no floor above it, then the space between such floor and ceiling next above it.
“Street” means any public or private thoroughfare with a width of twenty feet (20’) or more which affords a primary means of access to abutting property. “Street, private” means a street in private ownership, not dedicated as a public street, which provides the principal means of vehicular access to a property and not to be construed to mean driveways, alleys, or parking areas.
“Street, public” is a street owned and maintained by the City, the County, or the State. The term includes streets offered for dedication and accepted by a public agency which have been improved. “Structural Alterations” means any change in the supporting members of a structure such as the bearing walls or partitions, columns, beams, or girders. “Structure” means anything constructed or built. An edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. “Structure, accessory” means a subordinate building which is incidental and not attached to the main building or use on the same lot. If an accessory building is attached to the main building or if the roof is a continuation of the main building roof, the accessory building shall be considered an addition to the main building. Includes structures regardless of whether a Building Permit is required, including, but not limited to, enclosed and unenclosed patios, barns, guesthouses, second dwelling units, gara ges, carports, storage buildings/sheds, trellis, gazebos, decks, and real or artificial rockscapes.
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“Structure, temporary” means a structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
“Target population” means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
“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.
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“Vehicle” means self-propelled device by which persons or property may be moved upon a highway, excepting a device moved by human power or used exclusively upon stationary rails or tracks.
“Wildlands” means any area of land that is essentially unimproved, in a natural state of hydrology, vegetation and animal life, and not under cultivation.
“Yard” means an open space that lies between the principal or accessory building or buildings and the nearest lot line.
“Zero Lot Line” means the location of a building on a lot in such a manner that one or more of the building's sides rest directly on a lot line.
“Zoning district” means a portion of the city within which certain uses of land and structures are defined, and regulations are specified.
Notice of Exemption 2024-79
To: Office of Planning and Research
P.O. Box 3044, Room 212
Sacramento, CA 95812-3044
County Clerk
County of Kings
Kings County Government Center
Hanford, CA 93230
From: City of Hanford
317 North Douty Street
Hanford, CA 93230
Project Title: Zone Text Amendment No. 0007-24
Project Location – City of Hanford
Project Location – City: HanfordProject Location – County: Kings County Description of Nature, Purpose and Beneficiaries of Project: a request to conduct a comprehensive amendment to the Hanford Municipal Code Title 17, as directed by the City Council of the City of Hanford. Changes include various land use changes, definition changes and updates, regulation changes, spelling and grammar edits, as well as legally advised edits.
Name of Public Agency Approving Project: City of Hanford, Planning Division Name of Person or Agency Carrying Out Project: City of Hanford Exempt Status: (check one)
Ministerial (Sec. 21080(b)(1); 152698);
Declared Emergency (Sec. 21080(b)(3); 15269 (a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption: State type and section number:
Statutory Exemption. State code number: 15061(b)(3) General Rule Reasons why project is exempt:
The proposed ordinance is exempt under Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The proposed project is a text amendment that is not associated with a physical development; therefore, there are no physical impacts that will result from the project.
Lead Agency
Contact Person: Jason Waters Area Code/ Telephone: (559) 585-2590 Signature: Date: November 12, 2024 Title: Deputy City Manager Signed by Lead Agency Date received for filing at OPR:
Signed by Applicant
15.A.
AGENDA
STAFF REPORT
MEETING DATE: 12/3/2024 AGENDA SECTION: GENERAL BUSINESS
SUBJECT:
Due to the passage of Measure H, Adoption of Resolution 24-45-R, Authorizing City Manager to execute agreements with the California Department of Tax and Administration for implementation of a local transactions and use tax, and Adoption of Resolution 24-46-R for examination of sales or transactions and use tax records
RECOMMENDATION:
Recommendation:
It is recommended that the City Council:
1. Adopt Resolution 24-45-R, Authorizing City Manager to execute agreements with the California Department of Tax and Fee Administration for Implementation of a Local Transactions and Use Tax.
2. Adopt Resolution 24-46-R, Authorizing examination of sales or transactions and use tax records.
Recommended Motion:
I move to:
1. Adopt Resolution 24-45-R, Authorizing City Manager to execute agreements with the California Department of Tax and Fee Administration for Implementation of a Local Transactions and Use Tax.
2. Adopt Resolution 24-46-R, Authorizing examination of sales or transactions and use tax records.
BACKGROUND:
On November 5, 2024, the voters of the City of Hanford approved Measure H with over 62% 'yes', which established a local Transactions and Use Tax of 1%. The tax will be administered and collected by the CDTFA and remitted to the City of Hanford for purposes of providing additional services and facilities as presented to voters in the 10-year Expenditure Plan.
The CDTFA requires the City to enter into formal agreements for the collection and administration of this tax. Additionally, the CDTFA permits only authorized individuals to examine confidential tax records. The purpose of this staff report is to seek authorization for these agreements and to formally designate individuals permitted to access confidential records.
Discussion
1. Resolution R-24-45-R for Execution of Agreements with CDTFA The agreement with CDTFA outlines the terms under which the agency will administer and collect Measure H Transactions and Use Tax on behalf of the City. This is necessary for ensuring the proper collection and distribution of Measure H funds and aligns with California state law. The City Manager will be designated to execute the agreements.
2. Resolution R-24-46-R for Examination of Sales or Transactions and Use Tax Records Access to confidential taxpayer information is essential for the City’s Finance Department to verify the accurate collection and allocation of Measure H funds. The resolution designates specific individuals within the City authorized to examine confidential taxpayer records under the CDTFA's supervision, in compliance with Section 7056 of the Revenue and Taxation Code. In addition, the City's consultant who reviews records for proper assignment of tax would have access as well.
Designated individuals for examination of records:
o City Manager
o Finance Director
o Finance Manager
o City sales tax audit consultant (MuniServices LLC)
Additionally, the City Manager or Finance Director will be authorized to designate other key staff to access records should other titles become needed to access in the future. These steps are necessary to ensure full transparency, accountability, and legal compliance in managing Measure H tax revenues. Adopting these resolutions (24-45-R and 24-46-R) will allow the City to comply with state requirements for the administration of Measure H and provide the City with access to essential records for monitoring and auditing purposes.
FISCAL IMPACT:
Preparatory costs to administer Measure H will not exceed $175,000 (allowed by law) and will be based on actual costs the CDTFA incurs. The CDTFA does charge an administrative fee for its services, deducted from the collected Measure H revenue. The ongoing administrative fee will be anticipated in the annual budget and will vary based on actual tax revenue and as determined by State law.
ATTACHMENTS:
1. City_Resolution 24-45-R to Execute Agreements_rev2017_COH_12.3.24 (clean)
2. City_Preparatory Agreement_rev2024 Attachment A 12.3.24 (clean)
3. City_Administration Agreement_rev2024 Attachment B 12.3.24 (clean)
4. City_updated resolution 24-46-R for examination of confidential records_COH_12.3.24 (clean)
RESOLUTION NUMBER 24-45-R
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HANFORD
AUTHORIZING CITY MANAGER TO EXECUTE AGREEMENTS WITH THE
CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION FOR IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE TAX.
WHEREAS, on December 3, 2024 , the City Council approved Ordinance No. 2024-09 amending the City Municipal Code and providing for a local transactions and use tax; and WHEREAS, the California Department of Tax and Fee Administration (Department) administers and collects the transactions and use taxes for all applicable jurisdictions within the state; and WHEREAS, the Department will be responsible to administer and collect the transactions and use tax for the City; and
WHEREAS, the Department requires that the City enter into a “Preparatory Agreement” and an “Administration Agreement” prior to implementation of said taxes, and Whereas, the Department requires that the City Council authorize the agreements; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Hanford that the “Preparatory Agreement” attached as Exhibit A and the “Administrative Agreement” attached as Exhibit B are hereby approved and the City Manager is hereby authorized to execute each agreement.
PASSED AND ADOPTED by the ______________________________________________, State of California, on ____________________________, by the following vote:
AYES:
NOES:
ABSENT:
TRAVIS PADEN, MAYOR
ATTEST:
NATALIE CORRAL, CITY CLERK APPROVED BY CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF KINGS ) ss.
CITY OF HANFORD )
I, Natalie Corral, City Clerk of the City of Hanford, certify the foregoing Resolution was duly passed and adopted at a regular meeting of the City Council of the City of Hanford held on the _____ day of ____________________, 20__.
Dated: NATALIE CORRAL, CITY CLERK
Attachment A
(Rev. 07/24)1
AGREEMENT FOR PREPARATION TO ADMINISTER AND OPERATE
CITY'S TRANSACTIONS AND USE TAX ORDINANCE
In order to prepare to administer a transactions and use tax ordinance adopted in accordance with the provision of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code, the City of Hanford, hereinafter called City, and the CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION, hereinafter called Department, do agree as follows:
1. The Department agrees to enter into work to prepare to administer and operate a transactions and use tax in conformity with Part 1.6 of Division 2 of the Revenue and Taxation Code which has been approved by a majority of the electors of the City and whose ordinance has been adopted by the City.
2. City agrees to pay to the Department at the times and in the amounts hereinafter specified all of the Department's costs for preparatory work necessary to administer the City's transactions and use tax ordinance. The Department's costs for preparatory work include costs of developing procedures, programming for data processing, developing and adopting appropriate regulations, designing and printing forms, developing instructions for the Department's staff and for taxpayers, and other appropriate and necessary preparatory costs to administer a transactions and use tax ordinance.
These costs shall include both direct and indirect costs as specified in Section 11256 of the Government Code.
3. Preparatory costs may be accounted for in a manner which conforms to the internal accounting and personnel records currently maintained by the Department. The billings for costs may be presented in summary form. Detailed records of preparatory costs will be retained for audit and verification by the City.
4. Any dispute as to the amount of preparatory costs incurred by the Department shall be referred to the State Director of Finance for resolution, and the Director's decision shall be final.
5. Preparatory costs incurred by the Department shall be billed by the Department periodically, with the final billing within a reasonable time after the operative date of the ordinance.
City shall pay to the Department the amount of such costs on or before the last day of the next succeeding month following the month when the billing is received.
6. The amount to be paid by City for the Department's preparatory costs shall not exceed one hundred seventy-five thousand dollars ($175,000) (Revenue and Taxation Code Section 7272.)
(Rev. 07/24)2
7. Communications and notices may be sent by first class United States mail or through email at [email protected]. If and when communications and notices may include confidential information, communications and notices must be sent through encrypted email at [email protected] or by mail. Communications and notices to be sent to the Department shall be addressed to:
California Department of Tax and Fee Administration
P.O. Box 942879 MIC: 27
Sacramento, California 94279-0027
Attention: Administrator
Local Revenue Branch
Communications and notices to be sent to City shall be addressed to:
City of Hanford
Attn: Finance Director
315 N. Douty St.
Hanford, CA 93230
8. The date of this agreement is the date on which it is approved by the Department of General Services. This agreement shall continue in effect until the preparatory work necessary to administer City's transactions and use tax ordinance has been completed and the Department has received all payments due from City under the terms of this agreement.
CITY OF HANFORD CALIFORNIA DEPARTMENT OF TAX
AND FEE ADMINISTRATION
By By
(Signature) Administrator
Local Revenue Branch
(Mario Cifuentez II) Date: _______________________________ (City Manager)
Date: _______________________________
Attachment B
AGREEMENT FOR STATE ADMINISTRATION
OF CITY TRANSACTIONS AND USE TAXES
The City Council of the City of Hanford has adopted, and the voters of the City of Hanford (hereafter called “City” or “District”) have approved by the required majority vote, the City of Hanford Transactions and Use Tax Ordinance (hereafter called “Ordinance”), a copy of which is attached hereto. To carry out the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code and the Ordinance, the California State Department of Tax and Fee Administration, (hereinafter called the “Department”) and the City do agree as follows:
ARTICLE I
DEFINITIONS
Unless the context requires otherwise, wherever the following terms appear in the Agreement, they shall be interpreted to mean the following:
1. "District taxes" shall mean the transactions and use taxes, penalties, and interest imposed under an ordinance specifically authorized by Revenue and Taxation code Section 7285.9, et seq., and in compliance with Part 1.6, Division 2 of the Revenue and Taxation Code.
2. "City Ordinance" shall mean the City's Transactions and Use Tax Ordinance referred to above and attached hereto, Ordinance No. 2024-09, as amended from time to time, or as deemed to be amended from time to time pursuant to Revenue and Taxation Code Section 7262.2.
ARTICLE II
ADMINISTRATION AND COLLECTION
OF CITY TAXES
A.Administration. The Department and City agree that the Department shall perform exclusively all functions incident to the administration and operation of the City Ordinance.
(Rev. 7/24)2
B. Other Applicable Laws. City agrees that all provisions of law applicable to the administration and operation of the Department Sales and Use Tax Law which are not inconsistent with Part 1.6 of Division 2 of the Revenue and Taxation Code shall be applicable to the administration and operation of the City Ordinance. City agrees that money collected pursuant to the City Ordinance may be deposited into the State Treasury to the credit of the Retail Sales Tax Fund and may be drawn from that Fund for any authorized purpose, including making refunds, compensating and reimbursing the Department pursuant to Article IV of this Agreement, and transmitting to City the amount to which City is entitled.
C.Transmittal of money.
1. For the period during which the tax is in effect, and except as otherwise provided herein, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City periodically as promptly as feasible, but not less often than twice in each calendar quarter.
2. For periods subsequent to the expiration date of the tax whether by City’s self-imposed limits or by final judgment of any court of the State of California holding that City’s ordinance is invalid or void, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City not less than once in each calendar quarter.
3. Transmittals may be made by mail or electronic funds transfer to an account of the City designated and authorized by the City. A statement shall be furnished at least quarterly indicating the amounts withheld pursuant to Article IV of this Agreement.
D.Rules. The Department shall prescribe and adopt such rules and regulations as in its judgment are necessary or desirable for the administration and operation of the City Ordinance and the distribution of the district taxes collected thereunder.
E. Preference. Unless the payor instructs otherwise, and except as otherwise provided in this Agreement, the Department shall give no preference in applying money received for state sales and use taxes, state-administered local sales and use taxes, and district transactions and use taxes owed by a taxpayer, but shall apply moneys collected to the satisfaction of the claims of the State, cities, counties, cities and counties, redevelopment agencies, other districts, and City as their interests appear.
(Rev. 7/24)3
F. Security. The Department agrees that any security which it hereafter requires to be furnished by taxpayers under the State Sales and Use Tax Law will be upon such terms that it also will be available for the payment of the claims of City for district taxes owing to it as its interest appears.
The Department shall not be required to change the terms of any security now held by it, and City shall not participate in any security now held by the Department.
G. Records of the Department.
When requested by resolution of the legislative body of the City under section 7056 of the Revenue and Taxation Code, the Department agrees to permit authorized personnel of the City to examine the records of the Department, including the name, address, and account number of each seller holding a seller’s permit with a registered business location in the City, pertaining to the ascertainment of transactions and use taxes collected for the City. Information obtained by the City from examination of the Department's records shall be used by the City only for purposes related to the collection of transactions and use taxes by the Department pursuant to this Agreement.
H. Annexation. City agrees that the Department shall not be required to give effect to an annexation, for the purpose of collecting, allocating, and distributing District transactions and use taxes, earlier than the first day of the calendar quarter which commences not less than two months after notice to the Department. The notice shall include the name of the county or counties annexed to the extended City boundary. In the event the City shall annex an area, the boundaries of which are not coterminous with a county or counties, the notice shall include a description of the area annexed and two maps of the City showing the area annexed and the location address of the property nearest to the extended City boundary on each side of every street or road crossing the boundary.
ARTICLE III
ALLOCATION OF TAX
A. Allocation. In the administration of the Department's contracts with all districts that impose transactions and use taxes imposed under ordinances, which comply with Part 1.6 of Division 2 of the Revenue and Taxation Code:
1. Any payment not identified as being in payment of liability owing to a designated district or districts may be apportioned among the districts as their interest appear, or, in the discretion
(Rev. 7/24)4
of the Department, to all districts with which the Department has contracted using ratios reflected by the distribution of district taxes collected from all taxpayers.
2. All district taxes collected as a result of determinations or billings made by the Department, and all amounts refunded or credited may be distributed or charged to the respective districts in the same ratio as the taxpayer's self-declared district taxes for the period for which the determination, billing, refund or credit applies.
B. Vehicles, Vessels, and Aircraft. For the purpose of allocating use tax with respect to vehicles, vessels, or aircraft, the address of the registered owner appearing on the application for registration or on the certificate of ownership may be used by the Department in determining the place of use.
ARTICLE IV
COMPENSATION
The City agrees to pay to the Department as the State's cost of administering the City Ordinance such amount as is provided for by law. Such amounts shall be deducted from the taxes collected by the Department for the City.
ARTICLE V
MISCELLANEOUS PROVISIONS
A. Communications. Communications and notices may be sent by first class United States mail to the addresses listed below, or to such other addresses as the parties may from time to time designate or through email at [email protected]. If and when communications and notices may include confidential information, communications and notices must be sent through encrypted email at [email protected] or by mail.
(Rev. 7/24)5
Communications and notices to be sent to the Department shall be addressed to:
California State Department of Tax and Fee Administration P.O. Box 942879
Sacramento, California 94279-0027
Attention: Administrator
Local Revenue Branch
Communications and notices to be sent to the City shall be addressed to:
City of Hanford, Finance Director
315 N. Douty St.
Hanford, CA 93230
Unless otherwise directed, transmittals of payment of District transactions and use taxes will be sent to the address above.
B. Term. The date of this Agreement is the date on which it is approved by the Department of General Services. The Agreement shall take effect on April 1, 2025. This Agreement shall continue until December 31 next following the expiration date of the City Ordinance, and shall thereafter be renewed automatically from year to year until the Department completes all work necessary to the administration of the City Ordinance and has received and disbursed all payments due under that Ordinance.
C. Notice of Repeal of Ordinance. City shall give the Department written notice of the repeal of the City Ordinance not less than 110 days prior to the operative date of the repeal.
(Rev. 7/24)6
ARTICLE VI
ADMINISTRATION OF TAXES IF THE
ORDINANCE IS CHALLENGED AS BEING INVALID
A. Impoundment of funds.
1. When a legal action is begun challenging the validity of the imposition of the tax, the City shall deposit in an interest-bearing escrow account, any proceeds transmitted to it under Article II. C., until a court of competent jurisdiction renders a final and non-appealable judgment that the tax is valid.
2. If the tax is determined to be unconstitutional or otherwise invalid, the City shall transmit to the Department the moneys retained in escrow, including any accumulated interest, within ten days of the judgment of the trial court in the litigation awarding costs and fees becoming final and non-appealable.
B. Costs of administration. Should a final judgment be entered in any court of the State of California, holding that City's Ordinance is invalid or void, and requiring a rebate or refund to taxpayers of any taxes collected under the terms of this Agreement, the parties mutually agree that:
1. Department may retain all payments made by City to Department to prepare to administer the City Ordinance.
2. City will pay to Department and allow Department to retain Department's cost of administering the City Ordinance in the amounts set forth in Article IV of this Agreement.
3. City will pay to Department or to the State of California the amount of any taxes plus interest and penalties, if any, that Department or the State of California may be required to rebate or refund to taxpayers.
4. City will pay to Department its costs for rebating or refunding such taxes, interest, or penalties. Department's costs shall include its additional cost for developing procedures for processing
(Rev. 7/24)7
the rebates or refunds, its costs of actually making these refunds, designing and printing forms, and developing instructions for Department's staff for use in making these rebates or refunds and any other costs incurred by Department which are reasonably appropriate or necessary to make those rebates or refunds. These costs shall include Department's direct and indirect costs as specified by Section 11256 of the Government Code.
5. Costs may be accounted for in a manner, which conforms to the internal accounting, and personnel records currently maintained by the Department. The billings for such costs may be presented in summary form. Detailed records will be retained for audit and verification by City.
6. Any dispute as to the amount of costs incurred by Department in refunding taxes shall be referred to the State Director of Finance for resolution and the Director's decision shall be final.
7. Costs incurred by Department in connection with such refunds shall be billed by Department on or before the 25th day of the second month following the month in which the judgment of a court of the State of California holding City's Ordinance invalid or void becomes final. Thereafter Department shall bill City on or before the 25th of each month for all costs incurred by Department for the preceding calendar month. City shall pay to Department the amount of such costs on or before the last day of the succeeding month and shall pay to Department the total amount of taxes, interest, and penalties refunded or paid to taxpayers, together with Department costs incurred in making those refunds.
CITY OF HANFORD CALIFORNIA STATE DEPARTMENT OF
TAX AND FEE ADMINISTRATION
By By
(Signature) Administrator
Local Revenue Branch
(Mario Cifuentez II) Date: _______________________________ (City Manager)
(Date)
RESOLUTION NUMBER 24-46-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HANFORD AUTHORIZING
EXAMINATION OF SALES OR TRANSACTIONS AND USE TAX RECORDS WHEREAS, pursuant to Ordinance Number 768, the City of Hanford (City) entered into a contract with the California Department of Tax and Fee Administration (Department) to perform all functions incident to the administration and collection of sales and use taxes; and WHEREAS, pursuant to Ordinance Number 2024-09, Revenue and Taxation Code section 7270, the City entered into a contract with the California Department of Tax and Fee Administration (Department) to perform all functions incident to the administration and collection of transactions and use taxes; and
WHEREAS, the City Council of the City of Hanford deems it desirable and necessary for authorized officers, employees and representatives of the City to examine confidential sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected by the Department for the City pursuant to that contract; and
WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Department records, and Section 7056.5 of the California Revenue and Taxation Code establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales or transactions and use tax records of the Department;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HANFORD HEREBY RESOLVES AS FOLLOWS:
Section 1. That the City Manager, Finance Director, Finance Manager, or other officer or employee of the City designated in writing by the City Manager or Finance Director to the California Department of Tax and Fee Administration is hereby appointed to represent the City with authority to examine sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected for the City by the Department pursuant to the contract between the City and the Department.
Section 2.
The information obtained by examination of Department records shall be used only for purposes related to the collection of City sales or transactions and use taxes by the Department pursuant to that contract, and for purposes related to the following governmental functions of the City:
(a) Budget
(b) Economic Development
(c) Business Licensing
Commented [TM1]: Which of the contracts? The
older contract executed per HMC § 3-5.305 or the
contract executed per Ord. No. 24-09?
The information obtained by examination of Department records shall be used only for those governmental functions of the City listed above.
Section 3. That MuniServices, LLC are hereby designated to examine the sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected for the City by the Department. The person or entity designated by this section meets all of the following conditions, which are also included in the contract between the City and MuniServices, LLC:
a) has an existing contract with the City to examine those sales or transactions and use tax records; b) is required by that contract to disclose information contained in, or derived from, those sales or transactions and use tax records only to the officer or employee authorized under Section 1 of this resolution to examine the information.
c) is prohibited by that contract from performing consulting services for a retailer during the term of that contract;
d) is prohibited by that contract from retaining the information contained in, or derived from those sales or transactions and use tax records, after that contract has expired.
BE IT FURTHER RESOLVED that the information obtained by examination of Department records shall be used only for purposes related to the collection of City sales or transactions and use taxes by the Department pursuant to the contract between the City and the Department and for those purposes relating to the governmental functions of the City listed in section 2 of this resolution.
Section 4. [Blank]
Section 5. That this resolution supercedes all prior resolutions of the City Council of the City of Hanford adopted pursuant to subdivision (b) of Revenue and Taxation Code section 7056.
PASSED AND ADOPTED by the ______________________________________________, State of California, on ____________________________, by the following vote:
AYES:
NOES:
ABSENT:
TRAVIS PADEN, MAYOR
ATTEST:
NATALIE CORRAL, CITY CLERK APPROVED BY CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF KINGS ) ss.
CITY OF HANFORD )
I, Natalie Corral, City Clerk of the City of Hanford, certify the foregoing Resolution was duly passed and adopted at a regular meeting of the City Council of the City of Hanford held on the _____ day of ____________________, 20__.
Dated: NATALIE CORRAL, CITY CLERK
15.B.
AGENDA
STAFF REPORT
MEETING DATE: 12/3/2024 AGENDA SECTION: GENERAL BUSINESS
SUBJECT:
Consideration of a letter submitted by Council Member Lou Martinez in response to complaints filed by City employees.
RECOMMENDATION:
Recommendation: It is recommended that the City Council consider the letter submitted by Council Member Lou Martinez regarding complaints filed by City employees.
Recommended Motion: I move that the Council accept the apology offered by Council Member Martinez.
BACKGROUND:
Complaints were filed by City employees regarding alleged conduct of Council Member Lou Martinez in two separate matters.
One set of complaints relates to allegations of City employees that Council Member Martinez made inappropriate and unprofessional statements that were critical of a 2023 summer program occurring at the Longfield Center and the program’s participants.
A second incident involved Council Member Martinez’s conduct toward employees Jason Waters and Brian Johnson on February 27, 2024. It was alleged that Council Member Martinez publicly raised his voice and acted in an inappropriate and unprofessional manner toward Mr. Waters and Mr.
Johnson when Council Member Martinez was informed that he could not attend a meeting involving downtown business owners regarding a proposed downtown pedestrian and vehicular safety project.
Through the attached letter, Council Member Martinez apologizes to the City Council and the affected City employees, and he pledges to avoid inappropriate and unprofessional conduct in the future.
FISCAL IMPACT:
None.
ATTACHMENTS:
1. Letter from Lou Martinez
LouMartinez
Hanford,CA93230
HanfordCityCouncil
219N.DoutySt.
Hanford,CA93230
Re:EmployeeComplaints
DearMayorPaden,ViceMayorKairis,andCouncilMemberDevine:
Iamawarethatcomplaintsweremaderegardingmyconductintwoseparatematters,one involvingemployeesandparticipantsofaprogramattheLongfieldCenterandasecondincident involvingmyconducttowardemployeesJasonWatersandBrianJohnsononFebruary27,2024.
RegardingtheLongfieldCentermatter,IunderstandthatCityemployeesviewedmy statementsandconductthatoccurredduringtheSummerof2023ascriticalofarecreationprogram thattookplaceatthatfacilityandasdisparagingofprogramparticipants.
IamverypassionateabouttheLongfieldCenteranditsimportancetotheentire community.Mypassioncausedmetomakestatementsandengageinconductinthepresenceof LongfieldCenteremployeesandprogramparticipantsthatwasunprofessionalandinappropriate.
AsIlookbackatwhathappened,IrealizethatIshouldhaveacteddifferently.
WithrespecttotheFebruary27,2024,incidentatCityHallinvolvingJasonWatersand BrianJohnson,IbecameupsetbecauseCitystaffwasmeetingwithbusinessownersregardinga downtownpedestrianandtrafficsafetyprojectthatwouldtransformourhistoricdowntown,andI wasinformedthatIcouldnotattendthemeetingeventhoughmydistrictincludesthedowntown area.IraisedmyvoicewhenpubliclyexpressingmydispleasurewithMr.WatersandMr.
Johnson,andImadeunprofessionalstatementsandthreatenedlegalactionagainstthem.
IshouldnothaveraisedmyvoicewhenaddressingMr.WatersandMr.Johnson,andI shouldnothavedirectedmydispleasuretowardsthem.WhileIdisagreewithbeingexcludedfrom themeeting,itwaswrongofmetodirectmyfrustrationtowardsthem.
Iactedinappropriatelyandunprofessionallyinbothmatters,andIwillnotengageinsuch conductinthefuture.IunderstandthattheCityCouncil’sHandbookofRulesandProcedures requiresCouncilMembersto“accordtheutmostcourtesy...tocityemployees”andthat“no memberoftheCityCouncilshallpubliclycriticizeorcensureanystaffmemberoftheCity,[and] shallinsteadrelayanycriticismofastaffmemberprivatelythroughtheCityManager.”IfIhave concernswithCityprogramsorCityemployeesinthefuture,IwilldirectthemtotheCity Manager.
IapologizetotheemployeesandprogramparticipantsattheLongfieldCenterformy wordsandconductthattookplaceduringtheSummerof2023,andIapologizetoMr.Watersand Mr.JohnsonformyconducttowardthemonFebruary27,2024.Ialsoapologizetomyfellow
November22,2024
Page2
CouncilMembersandtotheresidentsofHanford.CouncilMembersaretoleadbyexample,and Iwillconductmyselfappropriatelyandprofessionallyinthefuture.
IlookforwardtomycontinuedworkwithmyfellowCouncilMembersandwithCitystaff inmakingHanfordthebestcityinCalifornia.
Sincerely,
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