17.44.030 Definitions
For purposes of this Chapter, unless the particular provision or the context otherwise clearly requires, the definitions in this Section shall govern the construction, meaning, and application of words and phrases used in this Chapter: [Source: 17.96.040]
A. Cultivation. The planting, growing, harvesting, drying, processing, or storage of one or more marijuana plants or any part thereof in any location. [Source: 17.96.040.A] B. Marijuana. All parts of the plant Cannabis sativa L., whether growing or not, and includes medical marijuana. [Source: 17.96.040.B]
C. Medical Marijuana. Marijuana used for medical purposes in accordance with California Health and Safety Code Section 11362.5. [Source: 17.96.040.C]
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68 D. Collective, Cooperative, or Dispensary. A collective, cooperative, dispensary, operator, establishment, provider, association or similar entity that cultivates, distributes, delivers, or processes marijuana for medical purposes relating to a qualified patient or primary caregiver, pursuant to the Compassionate Use Act and the Medical Marijuana Program Act. [Source:
17.96.040.D]
E. Primary caregiver. A primary caregiver as defined in Health and Safety Code Section 11362.7. [Source: 17.96.040.E]
F. Qualified patient. A qualified patient as defined in Health and Safety Code Section 11362.7. [Source:
17.96.040.F]
17.44.040 Relationship to Other Laws
This Chapter is not intended to, nor shall it be construed or given effect in a manner that causes it to, apply to any activity that is regulated by Federal or State law to the extent that application of this Chapter would conflict with such law or would unduly interfere with the achievement of Federal or State regulatory purposes. This Chapter shall be interpreted to be compatible and consistent with Federal, County, and State enactments and in furtherance of the public purposes which those enactments express. This Chapter will supersede any other provisions of the Municipal Code found to be in conflict. [Source: 17.96.030]
17.44.050 Prohibition of Marijuana Cultivation
Marijuana cultivation by any person, including primary caregivers, qualified patients, collectives, cooperatives, or dispensaries, is prohibited in all zones within the City. [Source: 17.96.050]
17.44.060 Consumption of Medical Marijuana
No on-site consumption of medical marijuana shall occur except by a qualified patient or person with an identification card who lives on the property as their principal place of residence. [Source: 17.96.060]
17.44.070 Dispensary as a Prohibited Use
A dispensary is a prohibited use in all zone City. [Source: 17.96.070]
17.44.080 Public Nuisance Declared
Any use or condition caused or permitted to exist within any zone of the City in violation of the provisions of this Chapter is hereby declared a public nuisance. The City will avail itself of all available legal remedies to abate the nuisance. [Source: 17.96.080]
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69 17.44.090 Violation and Penalty
A violation of this Chapter is subject to the provisions in Chapters 1.18, 1.20, and 8.32 of this code relating to code enforcement authority of the City, public nuisances, and cost recovery by City.
17.44.100 Severance
If any section, subsection, phrase, or clause of this Chapter is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Chapter. [Source:
17.96.100]
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Multi-Unit Dwelling Objective
Design Standards
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Chapter 17.46 Multi-Unit Dwelling Objective Design Standards 72 Chapter 17.46 Multi-Unit Dwelling Objective Design
Standards
17.46.010 Purpose and Intent
The purpose of this Chapter is to provide architectural and site design standards for mixed-use and multiunit residential dwelling development projects (referred to as “projects” or the “project”). It is the intent of these standards to provide applicants and property owners with a clear understanding of the City’s expectations for development. The objective design standards also further the goals, policies, and programs of the General Plan, which encourage high quality design and streamlining of housing development.
The standards contained in this Chapter are written as requirements, rather than guidelines; therefore, all qualifying mixed-use and multi-unit residential projects applying for streamlined approval in accordance with Section 17.46.020 (Applicability), below, shall comply with each standard contained in this Chapter.
Proposed projects shall also comply with all applicable development requirements in the Municipal Code, including but not limited to Building Permit requirements, Zoning Code requirements, Grading Permit requirements, and development standards such as height, setbacks, floor area ratio, etc. [Source: NEW]
17.46.020 Applicability
A. Applicability. The standards established in this Chapter shall apply to the following projects which qualify for ministerial streamlined approval in accordance Government Code Section 65913.4:
[Source: NEW]
1. Mixed-Use. A structure consisting of residential and non-residential uses (e.g., commercial retail, retail service, office, civic, and institutional) with at least two-thirds of the square footage designated for residential use, transitional housing, or supportive housing. [Source: NEW]
2. Multi-Unit Residential Dwelling. A residential structure containing two or more residential dwelling units, each of which is for the occupancy by one or more persons, including duplexes, triplexes, fourplexes, apartments, condominiums, and townhouses. [Source:
NEW]
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73 B. Objective Standards. As defined by Government Code Section 65913.4, objective design standards are standards that involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark. The standards established in this Chapter shall be mandatory for all projects identified in Subsection A, above, for which a streamlined approval process is requested pursuant to Government Code Section 65913.4.
Projects seeking exceptions or deviations to the standards contained herein, or projects which do not qualify for a streamlined approval process, shall be subject to existing discretionary design review process and development standards established by this Zoning Code. [Source: NEW]
17.46.030 Approval Authority
The Director shall use the standards established in this Chapter to review and approve developments that meet all the criteria established in Government Code Section 65913.4. The Director’s approval can be appealed in compliance with Chapter 17.114 (Appeals). [Source: NEW]
17.46.040 Site Planning and Design
A. Structure Orientation and Location. Eligible projects shall comply with the following structure orientation and location standards.
1. Orientation of Structures. Project structures that are not adjacent to the street shall be oriented to create internal courtyards, open space, and/or paseos. [Source: NEW]
2. Separation Between Multiple Structures. There shall be a minimum of 15 feet between structures. The space between structures shall be unobstructed, accessible to all residents, and include sidewalks, sitting areas, or live plantings.
3. Staggered Setback. Multiple structures located parallel to a public right-of-way shall have a staggered setback for each structure with a minimum variation of three feet as measured from the property line abutting the public right-of-way. [Source: NEW]
4. Controlled Vehicular Entries. Controlled vehicular entries (e.g., gates, boom barrier, guard booth) shall be located a minimum of 20 feet from the property line to provide adequate stacking space for vehicles entering the site/parking structure. [Source: NEW]
5. Residential Adjacencies. The side and rear walls of any structure within 15 feet of a required setback area shall be limited to maximum height of 15 feet higher than the directly adjacent existing residential structure, or the exterior wall plane of each floor above the ground floor shall be stepped back by a minimum of eight feet along the entire facade.
There is no setback requirement for structures located more than 15 feet away from the required setback line. [Source: NEW]
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Chapter 17.46 Multi-Unit Dwelling Objective Design Standards 74 Figure 17.46-1
Side and Rear Walls Adjacent to Existing Residential Uses
B. Entries, Stairwells. Eligible projects shall comply with the following entry and stairway standards.
1. Residential Entries. Residential units that are not adjacent to the street shall have front entries that are oriented to common areas such as paseos, courtyards, parking areas, and active landscape areas. [Source: NEW]
2. Entryway Design. Street facing entries shall be accentuated by a minimum of one of the following: [Source: NEW]
a. A change in roof pitch or form, such as a gable, that extends a minimum of one foot past the sides of the door jamb;
b. An increase in roof height of at least one foot to accentuate the entry; or c. Wood, stone, tile, or brick accent materials covering a minimum of 30 percent of the entryway wall surface area, inclusive of windows and doors.
3. Exterior Stairwells. Exterior stairwells shall not be oriented to the street. For safety and security, exterior stairwells shall face interior spaces, such as plazas and gathering areas, parking areas, and pedestrian pathways and shall not be separated from these areas by landscaping, fences, or walls taller than three feet. [Source: NEW]
4. Entry Connection. All structure entries shall be connected to a public sidewalk by a pedestrian walkway a minimum of five feet in width. [Source: NEW] ***PLACEHOLDER***
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75 5. Garage Doors. For projects containing five or more units, garage doors shall not face a public street(s) but may be oriented toward an alley or a private street/driveway that is internal to the project. [Source: NEW]
Figure 17.46-2
Garage Door Orientation, Project with Five or More Units
6. Commercial/Office Units. Commercial/Office unit entrances shall face the street, a parking area, or an interior common space. [Source: NEW]
7. Residential Units. Residential units in a mixed-use development shall be located on the upper floors of any elevation that faces a public street with residential access provided through a separate entry along each street frontage or a single entry at the corner. [Source:
NEW]
C. Parking and Circulation. Eligible projects shall comply with the following parking and circulation standards.
1. Vehicular Circulation. All parking areas shall be internally connected and shall use shared driveways within the development. [Source: NEW]
2. Corner Parcel Parking Location. Projects located on corner parcels shall locate parking facilities to the side or rear of the parcel (opposite the side facing the street). [Source:
NEW]
3. Parking Facility Screening. Parking areas, both covered and uncovered, shall be screened from all public street frontages by incorporating evergreen landscaping or a planted earth berm with a minimum height of three feet. [Source: NEW] ***PLACEHOLDER***
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Chapter 17.46 Multi-Unit Dwelling Objective Design Standards 76 4. Parking Areas Adjacent to Structures. Parking areas adjacent to residential structures shall be separated by a walkway a minimum of five feet in width and a landscape strip a minimum of seven feet in depth. [Source: NEW]
5. Parking Space Location. Parking spaces shall be located a minimum of 15 feet from any curb cut entering the parcel to provide adequate ingress/egress. The distance shall be measured from the property line to the first parking space. [Source: NEW]
6. Carports. Carports shall be painted with the approved color palette for the project. [Source:
NEW]
7. Pedestrian Circulation. All structures, entries, facilities, amenities, and parking areas shall be internally connected with pedestrian pathways. Pedestrian pathways shall connect to the public sidewalk along each street frontage. Pedestrian pathways shall be separated from roads and parking areas by a physical barrier, such as a grade-separation, of six inches or more or a raised planting strip. [Source: NEW]
8. Parking Area Landscaping. Uncovered parking areas shall provide minimum of one 15- gallon size tree for every six consecutive parking stalls. Trees shall be provided in tree wells with a minimum interior size of six feet by six feet. [Source: NEW]
9. Parking Facing a Public Street. For all parking facing a public street, including surface parking, carports, and garages, but excluding underground parking and parking located behind structures, the total width of parking visible from the street shall not exceed 50 percent of any public street frontage. For corner lots, this standard shall only apply to the primary street frontage. [Source: NEW]
Figure 17.46-3
Example Parking Area
***PLACEHOLDER***
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77 D. Lighting. Eligible projects shall comply with the following lighting standards.
1. Lighting Type and Color. All exterior lighting shall use light emitting diodes (LEDs) with a maximum color temperature of 3,500 kelvins. [Source: NEW]
2. Lighting Required. All entryways, porch areas, pathways, and gates shall include lighting for safety and security. [Source: NEW]
3. Lighting Required. All structures, entries, parking areas, refuse enclosures, active outdoor/landscape areas, and pedestrian pathways shall be illuminated from one-half hour before dusk until one-half hour after dawn. [Source: NEW]
4. Parking Fixture Height. The maximum height of parking lot light fixtures shall not exceed 15 feet when abutting a residential development. Otherwise, the parking lot light fixtures shall be a maximum of 20 feet. [Source: NEW]
5. Lighting Spill. Lighting shall be fully shielded, directed downward (not above the horizontal plane), and shall not spill onto or be directed toward adjacent properties. [Source: NEW] Figure 17.46-4
Lighting Design
E. Utility and Service Areas. Eligible projects shall comply with the following utility and service standards.
1. Screening. All exterior mechanical and electrical equipment shall be incorporated into the design of the structure or screened from public view using walls, fencing, or landscaping.
Mechanical or electrical equipment includes, but is not limited to, roof-mounted equipment, air conditioners and condensers, utility meters, irrigation control valves, electrical transformers, utility meters, cable, and telephone equipment. [Source: NEW] ***PLACEHOLDER***
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Chapter 17.46 Multi-Unit Dwelling Objective Design Standards 78 2. Refuse Enclosures. Trash, recycling, organic waste, and green waste bins and dumpsters shall be consistent with fire and building codes and shall be housed in a covered refuse enclosure with a gate that screens the trash receptacles. Sizing of the enclosures shall conform to solid waste provider requirements. [Source: NEW]
3. Refuse Enclosure Materials and Colors. Refuse enclosures shall be constructed of the same primary wall material and color as the most adjacent building within the development. [Source: NEW]
4. Refuse Enclosure Access. Refuse enclosures shall have both a vehicular access gate with a concrete apron, and a pedestrian entrance. Gates shall be opaque. Access shall conform to solid waste provider requirements. [Source: NEW]
F. Open Space. Eligible projects shall comply with the following open space standards.
1. Private Open Space. All dwelling units in a project shall include private open space in compliance with the following: [Source: NEW]
a. Private open space shall be provided in the form of a private yard, porch, balcony, roof garden, or patio.
b. Private open space shall be contiguous to the dwelling unit it serves. c. Private open space located at ground level shall be a minimum of 120 square feet in area with a minimum dimension of 10 feet in width and depth. d. Private open space located above ground level shall be a minimum of 60 square feet in area with a minimum dimension of six feet in width and depth.
2. Common Open Space. All projects shall include common outdoor open space in compliance with the following: [Source: NEW]
a. Projects shall provide common outdoor open space with amenities in accordance with Paragraph 3, below, and Table 17.46-1 (Outdoor Amenities). b. Common outdoor open space shall be unobstructed, accessible to all residents of the structure it serves, and shall have no dimension less than 10 feet in any direction.
c. Internal courtyards and common areas shall be visible from the street, parking areas, pedestrian pathways, and/or interior structure entries. d. Paved areas shall not exceed 50 percent of the required front or street side setback area.
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79 3. Outdoor Amenities. Projects shall provide outdoor amenities according in compliance with Table 17.46-1 (Outdoor Amenities). Required amenity areas may be combined into a single area if the minimum requirements for each amenity area are met within the combined area. [Source: NEW]
a. Passive Amenities. Passive amenities include community gardens, outdoor gathering/seating area, picnic/barbeque area, pet area/dog park, or courtyard/ plaza. Each passive amenity area shall include a minimum seating capacity of one for each 10 units and at least one of the following: trellis, gas fire pit, BBQ, or picnic table. [Source: NEW]
b. Active Amenities. Active recreation amenities include playgrounds, tot lots, sport court or field, outdoor fitness area, swimming pool, exercise structure or complex, clubhouse with associated kitchen, recreation hall, or community room. [Source:
NEW]
Table 17.46-1
Outdoor Amenities
Number of Units in
Project
Required Passive Recreational
Amenities
Required Active Recreational
Amenities
2-10 2 with a minimum area of 200 sq. ft. total 0
11-30 2 with a minimum area of 300 sq. ft. total 1 with a minimum area of 500 sq. ft. total 31-60 2 with a minimum area of 400 sq. ft. total 2 with a minimum area of 800 sq. ft. total 61-100 2 with a minimum area of 500 sq. ft. total 2 with a minimum area of 1,000 sq. ft. total 101+ 2 with a minimum area of 600 sq. ft. total 2 with a minimum area of 1,500 sq. ft. total
17.46.050 Architectural Design
A. Massing and Articulation. Eligible projects shall comply with the following massing and articulation standards.
1. Maximum Structure Length. Structures shall not exceed 200 feet in length on any façade. [Source: NEW]
2. Horizontal Articulation. Horizontal (or depth) articulation refers to the structure modulation by stepping a portion(s) of the façade forward or backward from the predominant structure plan façade. At least one of the following features shall be integrated into the project design: [Source: NEW]
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Chapter 17.46 Multi-Unit Dwelling Objective Design Standards 80 a. Variations in wall plane with a minimum façade break of four feet in width, and two feet in depth for every 30 feet of façade length;
b. Vertical elements such as pilasters, that protrude a minimum of one foot from the wall surface and extend the full height of the structure; c. Step back the ground floor a minimum of two feet; or d. Projections of recession every 30 linear feet with a minimum width of two feet, a minimum height of eight feet, and a minimum depth of two feet.
3. Vertical Articulation. Vertical (or height) articulation refers to the modulation of a structure by stepping a portion(s) of the façade upward or downward from the predominant structure height. All the following features shall be integrated into structure design:
[Source: NEW]
a. Rooflines shall be vertically articulated at a minimum of 40-foot intervals along the street frontage with a change in height a minimum of two feet; b. Rooflines shall include architectural elements such as parapets, varying cornices, clerestory windows, gables, or dormers; and
c. In structures with four or more floors, the top floor(s) of the structure shall be set back a minimum of five feet from the remainder of the façade.
B. Façade Design. Eligible projects shall comply with the following façade design standards.
1. Façade Transparency. At least 60 percent of the ground floor, street facing walls of nonresidential units shall include transparent window or door glazing between two and 10 feet in height from grade, providing unobstructed views into the non-residential space. Where it is infeasible to provide glazing, such as a parking garage, trash room, mechanical room, or electrical room, landscaping with a minimum dimension of 18-inches in depth and a width equivalent to 70 percent of the wall shall be provided to soften the appearance of a blank wall on the ground floor. [Source: NEW]
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81 Figure 17.46-5
Façade Transparency
2. Blank Walls. To avoid the appearance of blank walls, street facing, and publicly visible walls shall incorporate a minimum of one of the follow features: [Source: NEW] a. A change in contrasting color or material a minimum of every 30 feet; b. Bay windows, box windows, or other similar projecting windows that project a minimum of one foot from the structure façade a minimum of every 15 feet; c. Above-ground balconies located a minimum of one every 30 feet on each floor; d. Horizontal or vertical reglets, or stucco control joints located a minimum of one every 30 feet (horizontal or vertical); or
e. Horizontal or vertical accent lines that project a minimum of two inches from the structure façade a minimum of every 20 feet.
C. Colors and Materials. Eligible projects shall comply with the following color and material standards.
1. Colors. Structures shall have a color palette that consists of at least two body colors and two accent colors (not including roof color). Projects with two or more residential structures shall include a minimum of two-color palettes and shall not use a single color palette on more than 70 percent of the residential structures. Stone, brick, and rock facades shall not be painted. [Source: NEW]
***PLACEHOLDER***
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Chapter 17.46 Multi-Unit Dwelling Objective Design Standards 82 2. Primary Wall Finish Material. The primary wall finish covering the largest percentage of surface of any structures face or elevation shall be wood, stone brick, stucco, or fiber cement or other cementitious material. T1-11 siding, and all grooved or patterned wood panels or composite wood siding are prohibited. [Source: NEW]
3. Wrap Around Materials. Exterior finish materials shall wrap structure corners and terminate at an inside corner or logical termination point, such as structure trim. [Source:
NEW]
D. Windows and Doors. Eligible projects shall comply with the following window and door standards.
1. Windows and doors shall include a trim with a minimum width of four inches and shall protrude from the wall plane a minimum of three-quarters of an inch. Stucco-textured foam trim molding shall be allowed only on the second floor or above. [Source: NEW]
2. In lieu of exterior window trim, windows can be recessed from the wall plane by a minimum of three inches. [Source: NEW]
E. Fences and Walls. Eligible projects shall comply with the following fence and wall standards.
1. Allowed Fence and Wall Materials. Acceptable wall and fence materials include masonry, brick, wrought iron, or other tubular metal materials, and wood (excluding plywood or other composite panels less than five-eighths inches thick). Chain link, barbed wire/concertina wire, and electric fencing is prohibited. [Source: NEW]
2. Wall Variation Required. To minimize long, uninterrupted walls, the design of the structure shall include a minimum of one of the following: [Source: NEW] a. Walls facing a public street shall have variations in wall plane with a minimum break of six feet in width, and two feet in depth for every 50 feet of wall length; b. Walls shall incorporate a trim cap and shall incorporate decorative pillars at minimum distance every 30 feet.
3. Pedestrian Connections. Where walls are located adjacent to a street frontage, a minimum of one pedestrian connection along each street frontage shall be provided. Where such connection is provided, a minimum opening of 15 feet in width or twice the height of the wall shall be provided, whichever is less. Gates are not required. [Source: NEW] 335
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(Reserved)
17.48.010 Reserved
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Chapter 17.50
Alcohol Beverage Sales Uses
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86 Chapter 17.50 Alcohol Beverage Sales Uses
17.50.010 Purpose
The purpose of this Chapter is to protect and promote the public health, safety, comfort, convenience, prosperity, and general welfare of the City by setting standards for all retail activity which includes the sale or dispensing of alcoholic beverages for of on-sale liquor or off-sale liquor. Uses that involve the sale or dispensing of alcoholic beverages may possess certain characteristics that have the potential to cause deleterious effects and nuisances on surrounding neighborhoods and businesses, especially when alcohol beverage sales are concentrated in proximity. To ensure that establishments operate in a manner that is mutually beneficial to surrounding uses and to also provide a mechanism to prevent and correct any associated problems, the following special regulations shall apply.
17.50.020 Applicability
A. Conditional Use Permit Requirement. Businesses seeking to sell or dispense alcoholic beverages for either on-site or off-site consumption, whether as a new, altered, or expanded use, shall obtain a Conditional Use Permit for alcohol beverage sales pursuant to this chapter.
B. New or Expanded Use. A Conditional Use Permit in compliance with this chapter shall be required for:
1. Any proposed new establishment that wishes to engage in alcohol beverage sales as defined in Chapter 17.120 (Definitions) of this Code;
2. Any existing establishment that requests to modify its alcohol or business license type(s);
3. Any existing establishment that requests to reinstate their ABC license from the California Department of Alcohol Beverage Control after an expiration or revocation;
4. Any existing establishment that requests to extend their hours of alcohol sales, or expand their floor area for retail sales of alcohol. An existing business that expands their floor area for non-alcohol-related retail sales is allowed to retain the conditions of their existing Conditional Use Permit in relation to alcohol requirements. Should a business not comply with the strict application of the regulations provided for in this Chapter, said improvements shall be made prior to commencing the sale of alcoholic beverages.
Violation of these standards at any time may result in the revocation of a Conditional Use Permit.
C. Exemptions. This Chapter does not apply to the following: temporary uses issued a Temporary License by the California Department of Alcoholic Beverage Control and established in compliance with all City laws and ordinances.
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87 D. The Planning Commission shall take into consideration the Police Chief’s determination based upon quantifiable information, that the proposed use:
1. Will be a detrimental to the public health, safety, comfort, or welfare of persons located within 500 feet of the site; or
2. Will significantly increase the severity of existing law enforcement or public nuisance problems in the area (i.e., increase in service calls related to public intoxication nuisance, vagrancy, loitering).
17.50.030 Modifications to Existing Businesses
A modification to an existing Alcohol Beverage Sales business increasing the floor ratio for alcohol sales shall not be permitted when a condition exists that has caused or resulted in repeated activities that are harmful to the health, peace, or safety of persons residing or working in the surrounding area. In this Section, the term “increasing the floor area ratio” also includes adding outdoor dining.
17.50.040 Location Standards for New Businesses
The location restrictions listed in this Chapter apply to new establishments and shall also apply to existing establishments that must obtain a Conditional Use Permit in compliance with this Chapter due to proposed expansion or improvement of an existing use that is currently operating prior to the effective date of this Chapter. The restrictions shall not apply if the proposed expansion or improvement is only with respect to a necessary maintenance or repair or bringing the existing establishment into compliance with current building codes, including but not limited to the California Building Code, the California Fire Code, California Plumbing Code, and the California Electrical Code, as may be amended and any local amendments thereto.
A. New On-Sale. In over concentrated census tracts, where findings for Public Convenience or Necessity are required for an On-sale ABC License, no new ABC licenses shall be allowed within 500 feet of the property line of a school, daycare facility, or place of assembly.
B. New Off-Sale. In over concentrated census tracts, where findings for Public Convenience or Necessity are required for an Off-sale ABC Licenses the following limitations shall apply:
1. Not more than two of different business type/use within 500 feet of each other shall be permitted (i.e., grocery store, convenience store);
2. Not more than two of the same land use within 1,000 feet of each other shall be allowed (i.e., convenience store, convenience store).
3. No new off-sale ABC licenses shall be allowed within 1,000 feet of a school, daycare facility, or place of assembly.
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88 17.50.050 Operational Standards
The following standards of operation shall constitute conditions of approval for Conditional Use Permits under this chapter and include, but are not limited, to:
A. Lighting. The exterior of the premise, including adjacent public sidewalks and all parking lots under the control of the establishment, shall be illuminated during all hours of darkness during which the premises are open for business in a manner so that persons standing in those areas at night are identifiable by law enforcement personnel. However, required illumination shall be placed and/or shielded in a way that minimizes interference with the neighboring residences.
B. Litter and Graffiti. __
1. Trash and recycling receptacles shall be provided by public entrances and exits from the building.
2. The owner or operator shall provide for daily removal of trash, litter, and debris from premises and on all abutting sidewalks within 20 feet of the premises.
3. The owner or operator shall remove graffiti within 48 hours.
C. Vending Machines. External snack vending machines are prohibited.
D. Video Surveillance.
1. Establishments must equip a fully functional color digital video camera system.
2. The system must continuously record, store, and be capable of playing back images and be fully functional at all times, including during any hours the business is closed. The system must be maintained in a secured location inside of the business.
3. The system shall have the correct date and time stamped onto the image at all times.
4. The camera storage capacity should be for at least 14 days. Such cameras must be capable of producing a retrievable and identifiable image than can be made a permanent record and that can be enlarged through projection or other means.
5. If using a digital video recorder, it must be capable of storing no less than 14 days of realtime activities.
6. The system shall be capable of producing a CD or digital playback feature and may be provided to an authorized representative of the Kerman Police Department within 24 hours of the initial request relating to a criminal investigation only.
7. The interior of the business must have at least one camera placed to focus on each cash register transaction to include the clerk as well as the customer waiting area. 341
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89 8. There shall be four exterior cameras placed to record activities in the primary customer parking areas of their business. These cameras should be of sufficient quality to be able to identify persons and or vehicles utilizing the business parking lot.
9. All interior cameras shall record in color.
10. All exterior cameras shall record in color and have automatic low light switching capabilities to black and white. Exterior cameras should be in weatherproof enclosures and located in a manner that will prevent or reduce the possibility of vandalism.
E. Loitering and Other Nuisance Activities. The operation of the business shall not result in criminal activity or repeated nuisance activities on the property, which may include, but are not limited to, repeated disturbances of the peace, illegal drug activity, public drunkenness, drinking in public, alcoholic beverage and tobacco sales to minors, harassment of passerby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, loitering, excessive littering, graffiti, illegal parking, excessive loud noises (especially in the late night or early morning hours), traffic violations, curfew violations, lewd conduct, or other violations of City, State, or federal laws, especially when contributing to a high rate of police reports and arrests to the area. This section shall not apply to operators where offenses are the result of third party conduct beyond the operators' control.
F. Training. The owners and all employees of a business who are involved in the sale of alcoholic beverages must complete approved course(s) in training of liquor sales and handling within sixty days after approval of the Conditional Use Permit becomes final, or for employees hired after the approval of the Conditional Use Permit, within sixty days from the date of hire. To satisfy this requirement, a certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service (CCC/RBS) or other certifying or licensing body designated by the State of California.
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90 17.50.060 Signs
A. The provisions specified under Chapter 17.30 (Sign Regulations), and this section shall apply to signage for Conditional Use Permits in compliance with this Chapter. Where conflicts may occur between the provisions of Chapter 17.30 (Sign Regulations) and this section, the more restrictive provision shall govern.
B. The following copy is required to be prominently posted in a readily visible manner on the business site:
1. "California State Law Prohibits the Sale of Alcoholic Beverages to Persons Under 21 Years of Age."
2. "No Loitering is Allowed On or In Front of These Premises."
3. "No Open Alcoholic Beverage Containers are Allowed on These Premises." (Off-sales only) C. No more than 15 percent of the total window and clear door shall be obstructed by advertising, signs, or other obstructions of any sort.
1. Signage, advertising, or other obstructions inside or outside the business that are not physically attached to the windows or doors, but are visible from a public thoroughfare, sidewalk, or parking lot in the same manner as if they were physically attached is included in the 15 percent limitation.
2. Any signage required by law shall not count towards the 15 percent limitation, but shall nonetheless follow rules related to visual obstruction.
3. Advertising and signage on windows and clear doors shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the business, including the area in which the cash registers are maintained, from exterior public sidewalks, parking lots, or entrance to the business.
4. No off-sale ABC business shall advertise alcohol sales in a manner visible from the outside of the establishment, such as from a public thoroughfare, sidewalk, or parking lot.
5. Displays of alcoholic beverages, freestanding advertising structures of any kind such as cardboard floor stands, or other free-standing signs shall be prohibited within ten feet of consumer entrance points, shall not be visible from the exterior of the establishment, and shall be prohibited on the exterior of the establishment.
D. All other signage shall adhere to the requirements in Chapter 17.30 (Sign Regulations) of this Code.
All permanent on-building signage associated with Alcohol Beverage Sales businesses shall be LED pan channel letters or of equal or better quality.
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Title 17 – Zoning Code
Article 5 – Nonconformities
FINAL DRAFT
March 2024
Table of Contents
CHAPTER 17.60 GENERAL NONCONFORMING PROVISIONS ............................................................ 2
17.60.010 Purpose and Intent.................................................................................................................... 2
17.60.020 Applicability ............................................................................................................................... 2
17.60.030 Determination, Establishment, and Proof of Legal Nonconforming Status.............................. 2
17.60.040 Continuation, Maintenance, and Repair................................................................................... 3
17.60.050 Termination of Nonconformities............................................................................................... 3 CHAPTER 17.62 NONCONFORMING PARCELS ................................................................................... 8
17.62.010 Use of Legal Nonconforming Parcels......................................................................................... 8
17.62.020 Expansion and Continuance ...................................................................................................... 8
17.62.030 Subdivision of Legal Nonconforming Parcels............................................................................ 8
17.62.040 Merger of Nonconforming Parcels............................................................................................ 8 CHAPTER 17.64 LEGAL NONCONFORMING USES ............................................................................ 10
17.64.010 Continuation of Legal Nonconforming Uses ........................................................................... 10
17.64.020 Expansion or Modification of Legal Nonconforming Uses...................................................... 10 345
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2 Chapter 17.60 General Nonconforming Provisions
17.60.010 Purpose and Intent
A. Purpose. This Article provides standards for the continuance, maintenance, and repair of nonconformities under specific circumstances and limiting reconstruction and reestablishment of nonconformities. These nonconforming parcels, structures, and uses may continue or be discontinued in compliance with the standards and regulation of this Article. [Source: NEW] B. Intent. The standards and regulations in this Article are intended to:
1. Limit the number and extent of nonconformities existing at the time of adoption of this Zoning Code or created by the adoption of this Zoning Code; [Source: 17.64.010, modified]
2. Limit the extent to which nonconforming parcels, structures, and uses are altered, enlarged, expanded, reestablished, and/or continued; and [Source: 17.64.010, modified]
3. Ensure that nonconformities do not create any health, life, and/or safety issues. [Source:
NEW]
17.60.020 Applicability
A. The standards established in this Article apply to all nonconforming parcels, structures, or uses that were lawfully permitted and established before the adoption or amendment of this Zoning Code, but which would be prohibited, regulated, or restricted under the terms of this Zoning Code as it is adopted today. [Source: 17.64.010, modified]
B. This Article shall not apply to any parcel, structure, or use established in violation of the adopted Zoning Code, unless the use or structure presently conforms with the provisions of this Zoning Code. [Source: NEW]
17.60.030 Determination, Establishment, and Proof of Legal Nonconforming Status A. Property Owner’s Responsibility. The property owner has the burden to provide evidence of a legal nonconformity and the related protected status that comes with legal nonconformity as specified in this Article. Said evidence may include, but is not limited to, a legally procured land use entitlement from the city, business license, certificate of occupancy, or utility billing records. [Source: NEW]
B. Director’s Determination. The Director shall determine legal nonconformities in compliance with the following:
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3 1. Application and Property Owner Request. The property owner shall submit sufficient evidence to the Director justifying that the nonconformity was legally established and, therefore, subject to the protected status specified in this Article. [Source: NEW]
2. Considerations for Approval. The Director shall consider the city and County of Fresno records and the evidence provide by the property owner and decide as to the legality of the nonconformity and the available protections provided by this Article. [Source: NEW]
3. Appeals. The Director’s determination of legal nonconformity may be appealed by the property owner(s) in compliance with Chapter 17.114 (Appeals). [Source: NEW]
17.60.040 Continuation, Maintenance, and Repair
A. A legal nonconformity (i.e., parcel, structure, use) may be maintained and continued with customary maintenance and repair without any expansion or enlargement of area, space, or volume. A legal nonconformity may be maintained provided that no structural alterations shall be made to structural supporting members (e.g., bearing wall, column, beam, girder, rafter, joist, etc.), except as required for health and safety as determined by the Chief Building Official. [Source:
17.64.030, modified]
B. Resumption of a legal non-conforming use; once a nonconforming use converts to a conforming use it shall not resume the nonconforming use. [Source: NEW] C. A legal nonconforming use shall not expand operations beyond what was originally considered. [Source: NEW]
17.60.050 Termination of Nonconformities
A. Destroyed or Deteriorated Nonconformities. Destroyed or deteriorated nonconformities shall comply with the following:
1. Fifty Percent of Less. Whenever a structure does not conform to the regulations or development standards of the zone in which it is located, and that structure is damaged by fire, an act of God, or public enemy to the extent that 50 percent or less of the floor area is lost, as determined by the Building Division, then the structure may be restored and the nonconforming use resumed, provided that the restoration is started within six months and completed within 18 months from the time the damage is sustained. [Source:
17.54.060]
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4 2. Fifty-one Percent or More. Whenever 51 percent or more of the floor area of a structure is destroyed in a manner described in Paragraph 1, above, the structure shall not be restored or reconstructed except in full compliance with the regulations and development standards for the zone in which it is located. Any nonconforming use located within the structure prior to its destruction shall not be allowed to resume operation in that location.
Single-unit dwellings shall be exempt from this provision. [Source: 17.54.060] B. Abandoned and Vacated Nonconformities. Abandoned and vacated legal nonconformities, including those which have ceased or been discontinued shall comply with the following:
1. Nonconforming Use. If a legal nonconforming use ceases or is discontinued for a continuous period of 12 months or more, its legal nonconforming status is lost, and the continued use of the property shall be in full compliance with all the applicable provisions of this Zoning Code. [Source: 17.64.050, modified]
2. Use of a Nonconforming Structure. If the use of a nonconforming structure ceases or is discontinued for a continuous period of 12 months or more, its legal nonconforming status is lost, and the structure shall be removed or altered to conform to all applicable provisions of this Zoning Code. [Source: 17.64.050, modified]
3. Cessation or Discontinuance. A nonconforming use or structure shall be considered ceased or discontinued when any of the following occur:
a. A business license is no longer active due to cancellation, non-renewal, or expiration for a period of 12 months;
b. Utility services have been terminated through cancellation, non-renewal, or failure to pay for services for a period of 12 months;
c. Abandonment of the use, despite the owner's or occupant's intent; d. Discontinuance of a use regardless of intent to resume the use; e. A new conforming use is established through the proper entitlements and permits; f. The intent of the owner to cease or discontinue is apparent, as determined by the Director; or
g. Where characteristic furnishings and equipment associated with the use are removed and not replaced with equivalent furnishings and equipment, and where normal occupancy and/or use is no longer evident.
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5 4. Single-Unit Dwellings Exemption. Single-unit dwelling uses shall be exempt from the standards and regulations established in this Section. Any addition or expansion to a singleunit dwelling shall be in conformance with current development standards, including height, setbacks, parking, and lot coverage requirements. [Source: 17.64.050] 351
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8 Chapter 17.62 Nonconforming Parcels
17.62.010 Use of Legal Nonconforming Parcels
A nonconforming parcel that does not comply with the applicable area, depth, or width, requirements of this Zoning Code is a legal parcel if it meets at least one of the following criteria, as documented to the satisfaction of the Director:
A. Approved Subdivision. The parcel was created by a recorded subdivision; [Source: NEW] B. Individual Parcel Legally Created by Deed. The parcel is under single ownership and was legally created by a recorded deed before the effective date of the provision which made the parcel nonconforming; [Source: NEW]
C. Variance. The parcel was approved through a Variance Permit. In which case the parcel shall be allowed to continue in compliance with the conditions imposed by the Variance Permit; or [Source:
17.64.070]
17.62.020 Expansion and Continuance
A legal nonconforming parcel shall be allowed to develop under the provisions of this Zoning Code and shall not be further subdivided or altered unless required by law. [Source: NEW]
17.62.030 Subdivision of Legal Nonconforming Parcels
A subdivision of land (i.e., lot line adjustment, final, parcel, or tentative map) shall not be approved that would increase the nonconformity of an existing parcel or any nonconforming use on the parcel. [Source:
NEW]
17.62.040 Merger of Nonconforming Parcels
Nonconforming contiguous parcels held by the same owner shall be merged if one or more of the parcels does not conform to the minimum parcel size to allow use or development in compliance with Government Code Section 66451.11. [Source: NEW]
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10 Chapter 17.64 Legal Nonconforming Uses
17.64.010 Continuation of Legal Nonconforming Uses
The continuance of a legal nonconforming use is allowed subject to the following:
A. Additional Development. Additional development of any property on which a nonconforming use exists shall require that all new uses and structures comply with all applicable provisions of this Zoning Code. [Source: NEW]
B. Change of Ownership. Change of management, ownership, or tenancy of a nonconforming use shall not affect its nonconforming status; provided, the use and intensity of use, as determined by the Director, does not change the intensity of the nonconformity. [Source: NEW] C. Conversion of a Nonconforming Use. If a nonconforming use is converted to a conforming use, no nonconforming use may be resumed. [Source: NEW]
17.64.020 Expansion or Modification of Legal Nonconforming Uses Any expansion or modification of a legal nonconforming use shall only be allowed in compliance with all applicable provisions of this Zoning Code. [Source: 17.64.030] 356
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Title 17 – Zoning Code
Article 6 – Permit Processing
Procedures
FINAL DRAFT
March 2024
Table of Contents
CHAPTER 17.70 GENERAL PROVISIONS ............................................................................................. 2
17.70.010 Purpose and Intent.................................................................................................................... 2
17.70.020 Permits, Procedures, and Actions............................................................................................. 2
17.70.030 Additional Permits May Be Required ........................................................................................ 4 CHAPTER 17.72 APPLICATION PROCESSING PROCEDURES ............................................................... 6
17.72.010 Application................................................................................................................................. 6
17.72.020 Additional Information.............................................................................................................. 6
17.72.030 Fees............................................................................................................................................ 6 CHAPTER 17.74 ZONING CLEARANCE .............................................................................................. 10
17.74.010 Purpose.................................................................................................................................... 10
17.74.020 Applicability ............................................................................................................................. 10
17.74.030 Review and Decision................................................................................................................ 10 CHAPTER 17.76 REASONABLE ACCOMMODATION ......................................................................... 12
17.76.010 Purpose.................................................................................................................................... 12
17.76.020 Applicability ............................................................................................................................. 12
17.76.030 Application Filing, Processing, and Review ............................................................................. 13 358
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17.76.040 Findings and Decision.............................................................................................................. 14
17.76.050 Conditions of Approval............................................................................................................ 14
17.76.060 Revocation of Approval and Discontinuance .......................................................................... 14 CHAPTER 17.78 HOME OCCUPATION PERMIT ................................................................................ 18
17.78.010 Purpose.................................................................................................................................... 18
17.78.020 Application............................................................................................................................... 18
17.78.030 Actions by Director.................................................................................................................. 18
17.78.040 Appeals.................................................................................................................................... 18
17.78.050 Conditions of Approval............................................................................................................ 19
17.78.060 Revocation and Modification .................................................................................................. 19 CHAPTER 17.80 SITE PLAN REVIEW PERMIT .................................................................................... 22
17.80.010 Purpose.................................................................................................................................... 22
17.80.020 Applicability ............................................................................................................................. 22
17.80.030 Building Permit Required ........................................................................................................ 23
17.80.040 Application Filing and Contents............................................................................................... 23
17.80.050 Findings and Decision.............................................................................................................. 24
17.80.060 Appeals.................................................................................................................................... 25
17.80.070 Site Plan Approval Acceptance Agreement............................................................................. 26 CHAPTER 17.82 ADMINISTRATIVE USE PERMIT .............................................................................. 28
17.82.010 Purpose and Intent.................................................................................................................. 28
17.82.020 Applicability ............................................................................................................................. 28
17.82.030 Review Authority..................................................................................................................... 28
17.82.040 Application Filing, Processing, and Review ............................................................................. 28
17.82.050 Findings and Decision.............................................................................................................. 29
17.82.060 Conditions of Approval............................................................................................................ 29
17.82.070 Noticing and Public Hearing .................................................................................................... 30
17.82.080 Appeal Procedures .................................................................................................................. 30
17.82.090 Permit to Run with the Land ................................................................................................... 30 359
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17.82.100 Modifications to an Approved Permit..................................................................................... 30 CHAPTER 17.84 CONDITIONAL USE PERMIT.................................................................................... 32
17.84.010 Purpose.................................................................................................................................... 32
17.84.020 Application............................................................................................................................... 32
17.84.030 Actions..................................................................................................................................... 32
17.84.040 Decision ................................................................................................................................... 33
17.84.050 Appeals.................................................................................................................................... 33
17.84.060 Conditions of Approval............................................................................................................ 33
17.84.070 Lapse of Conditional Use Permit............................................................................................. 34
17.84.080 Renewal of Conditional Use Permit ........................................................................................ 35
17.84.090 Revocation or Modification..................................................................................................... 35 CHAPTER 17.86 TEMPORARY USE PERMIT ...................................................................................... 38
17.86.010 Purpose.................................................................................................................................... 38
17.86.020 Applicability ............................................................................................................................. 38
17.86.030 Application............................................................................................................................... 38
17.86.040 Uses and Activities................................................................................................................... 38
17.86.050 Ineligible Temporary Uses....................................................................................................... 40
17.86.060 Revocation and Modification .................................................................................................. 40
17.86.070 Permit Renewal ....................................................................................................................... 40 CHAPTER 17.88 VARIANCE PERMIT ................................................................................................. 42
17.88.010 Purpose.................................................................................................................................... 42
17.88.020 Application Filing ..................................................................................................................... 42
17.88.030 Action by the Commission....................................................................................................... 42
17.88.040 Action ...................................................................................................................................... 43
17.88.050 Appeals.................................................................................................................................... 43
17.88.060 Conditions of Approval............................................................................................................ 43 CHAPTER 17.90 MINOR DEVIATION PERMIT ................................................................................... 46
17.90.010 Application............................................................................................................................... 46 360
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17.90.020 Review and Action................................................................................................................... 46 CHAPTER 17.92 DEVELOPMENT AGREEMENTS ............................................................................... 48
17.92.010 Purpose and Intent.................................................................................................................. 48
17.92.020 Authority ................................................................................................................................. 48
17.92.030 General Plan Consistency ........................................................................................................ 48
17.92.040 Application............................................................................................................................... 48
17.92.050 Review and Approval............................................................................................................... 49
17.92.060 Commission Hearing................................................................................................................ 49
17.92.070 Council Hearing ....................................................................................................................... 49
17.92.080 Initiation of Amendment or Cancellation................................................................................ 50
17.92.090 Recordation of Agreement...................................................................................................... 50
17.92.100 Review of Agreement.............................................................................................................. 50 CHAPTER 17.94 PERMIT AMENDMENTS, MODIFICATION, AND REVOCATION ............................. 52
17.94.010 Amendments to Approved Permits......................................................................................... 52
17.94.020 Grounds for Revocation or Modification ................................................................................ 53
17.94.030 Modification of Permits........................................................................................................... 53
17.94.040 Initiation .................................................................................................................................. 53
17.94.050 Public Hearing Requirements.................................................................................................. 53
17.94.060 Hearings................................................................................................................................... 54
17.94.070 Appeal...................................................................................................................................... 54
17.94.080 Hearing by Council................................................................................................................... 54 CHAPTER 17.96 DEVELOPMENT PLAN REVIEW PERMIT ................................................................. 56
17.96.010 Purpose.................................................................................................................................... 56
17.96.020 Applicability ............................................................................................................................. 56
17.96.030 Building Permit Required ........................................................................................................ 57
17.96.040 Application Filing and Contents............................................................................................... 57
17.96.050 Action ...................................................................................................................................... 58
17.96.060 Resolution for Decision ........................................................................................................... 59 361
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17.96.070 Appeals.................................................................................................................................... 59
17.96.080 Conditions of Approval............................................................................................................ 60
17.96.090 Development Standards.......................................................................................................... 61
17.96.100 Lapse of Development Plan Permit......................................................................................... 61
17.96.110 Revocation or Modification..................................................................................................... 61 CHAPTER 17.98 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PROCEDURES ................... 64
17.98.010 Purpose.................................................................................................................................... 64
17.98.020 Applicability ............................................................................................................................. 64
17.98.030 Administration......................................................................................................................... 64
17.98.040 Exemptions.............................................................................................................................. 64
17.98.050 Environmental Review............................................................................................................. 65
17.98.060 Review Authority for the CEQA Finding .................................................................................. 66
17.98.070 Application and Payment of Fees............................................................................................ 66 362
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17.70.010 Purpose and Intent
This Chapter establishes the overall structure for the application, processing, review, and action on permit applications and identifies and describes those permits and other approvals required by this Zoning Code. [Source: NEW]
17.70.020 Permits, Procedures, and Actions
A. Zoning Clearance. A Zoning Clearance shall be required for all structures identified, erected, constructed, altered, or moved within or into any zone established by this Zoning Code, or for any use or activity which requires a Building Permit. No Building Permit shall be issued until a Zoning Clearance has been obtained from the Director, and any other necessary permits required by this Zoning Code and Municipal Code have been issued and have become effective. A Zoning Clearance shall not be required when another development permit has already been required. [Source:
17.08.010, modified]
B. Administrative Use Permit. An Administrative Use Permit shall be obtained for any of the uses that require an Administrative Use Permit as established in Article 2 (Zones Allowable uses, and Development Standards). The Director may impose such conditions as deemed necessary to uphold the purposes and intent of this Zoning Code and may require tangible guarantees or evidence that such conditions are being, or will be, complied with. [Source: NEW] C. Conditional Use Permit. A Conditional Use Permit shall be obtained for any of the uses that require such a permit as established in Article 2 (Zones Allowable uses, and Development Standards). The Commission or Council may impose such conditions as they deem necessary to uphold the purposes and intent of this Zoning Code and may require tangible guarantees or evidence that such conditions are being, or will be, complied with. [Source: 17.08.020, modified] D. Development Agreement. A Development Agreement allows larger scale and long term development projects that provide benefits to the City to be allowed to have some guarantees and commitments from the City provided that the development provides commitments and guarantees to the City in return. A Development Agreement shall be governed by the provisions of Government Code Section 65865.
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3 E. Development Plan Review Permit. ___
1. The Development Plan Review Permit and process are intended to allow the use of special design criteria for maximum utility of a site and to allow maximum design flexibility within the density limitations provided in Chapter 17.18 (Combining Zones). Residential developments with a Combined Zone are encouraged to implement variations from normal zoning standards. Through the Development Plan process, special design standards may be established which regulate the subdivision rather than the typical standards of the base zone district.
2. All developments in a Combined Zone District shall be subject to the requirements established in Chapter 17.96 (Development Plan Review Permit) The Commission or Council may impose such conditions as they deem necessary to uphold the purposes and intent of this Zoning Code and may require tangible guarantees or evidence that such conditions are being, or will be, complied with.
F. Site Plan Review Permit. The Site Plan Review Permit and process are intended to ensure that proposed developments are reviewed for their design, compatibility with surrounding uses, and conformity with the provisions of this Title and the General Plan. The Development Review Committee, and affected public agency representatives may impose conditions as deemed necessary to secure the purposes of this Zoning Code and may require tangible guarantees or evidence that the conditions are being, or will be, complied with. [Source: 17.08.030, modified] G. Variance Permit. A Variance Permit may be granted in conjunction with another permit, such as Conditional Use Permit or Site Plan Review Permit, to prevent unnecessary hardships that would result from the strict or literal interpretation and enforcement of certain regulations prescribed by this Code. A Variance Permit is intended in those situations where the strict interpretation of the Code may result in practical difficulty or unnecessary hardship due to the size, shape, or dimensions of a site or the location of existing structures thereon, from geographic, topographic, or other physical conditions on the site or in the immediate vicinity. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. [Source: 17.08.040, modified] H. Minor Deviation Permit. A Minor Deviation Permit may be granted, upon written request, as an administrative matter by the Director and subject to conditions that may be imposed. A Minor Deviation Permit may be issued with another permit, such as Conditional Use Permit, Site Plan Review Permit, Building Permit, or Zoning Clearance, to prevent unnecessary hardships that would result from the strict or literal interpretation and enforcement of certain regulations prescribed by this Code.
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4 I. Temporary Use Permit. A Temporary Use Permit for a term period not to exceed 12 consecutive months may be issued for any of the uses for which this Title requires the permits. The Director may issue a Temporary Use Permit as an administrative function and may impose conditions as deemed necessary to uphold the purposes of this Zoning Code and may require tangible guarantees or evidence that the conditions are being, or will be, complied with. [Source: 17.08.050, modified]
J. Home Occupation Permit. A Home Occupation Permit may be issued for certain uses in a residential zone so long as this use is consistent with the definition, operation, and appearance of a home occupation. [Source: 17.08.060, modified]
17.70.030 Additional Permits May Be Required
A land use on property that complies with the permit requirement or exemption provisions of this Zoning Code shall also comply with the permit requirements of other Municipal Code provisions and any permit requirements of other agencies before construction or use of the property is commenced. All necessary permits shall be obtained before starting work or establishing a new use. Nothing in this Zoning Code shall eliminate the need to obtain any permits required by any other Municipal Code provisions, or County, regional, State, or Federal regulations. [Source: NEW]
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Application Processing
Procedures
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6 Chapter 17.72 Application Processing Procedures
17.72.010 Application
Before a planning permit is processed, the applicant shall submit a completed application form and pay the application fee. The Director shall determine the application form and its contents. [Source: 17.08.070, modified]
17.72.020 Additional Information
The Director, other city officials, affected public agency representatives, Commission, or City Council may require an applicant to submit additional information necessary to ensure compliance with Local, State, or Federal laws; process an application; interpret this Title, or to decide regarding the issuance of a permit. [Source: 17.08.080, modified]
17.72.030 Fees
A. The rates and fees for zoning related activities, permits, and violations shall be set in the Master Fee Schedule as adopted by resolution of the City Council which may include but are not limited to:
1. Zoning clearance letters;
2. Site plan reviews;
3. Development plan review;
4. Development agreements
5. Administrative use permit;
6. Conditional use permit;
7. Variance permit;
8. Minor deviation permit
9. Temporary use permit;
10. Modification and revocation of planning permits;
11. Ordinance text amendments and rezones;
12. Appeals; and
13. Any other planning permit as required by this Code. 369
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7 B. The Director shall review the fee schedule and recommend fee adjustments as deemed necessary. [Source: 17.08.100, modified]
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Zoning Clearance
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10 Chapter 17.74 Zoning Clearance
17.74.010 Purpose
Zoning Clearance is the procedure used by the City to verify that a proposed land use or structure complies with the list of uses allowed in the applicable zone and the development standards applicable to the use or structure. [Source: NEW]
17.74.020 Applicability
A Zoning Clearance shall be required for all structures identified, erected, constructed, altered, or moved within or into any zone established by this Code, or for any use or activity which requires a Building Permit.
A zoning clearance shall not be required when the Building Permit was issued via the approval of another planning permit e.g. site plan review, conditional use permit, or development plan. [Source: 17.08.010, modified]
17.74.030 Review and Decision
No Building Permit shall be issued until a Zoning Clearance has been obtained from the Planning Division, and any other necessary permits required by this Title have been issued and have become effective. [Source: 17.08.010, modified]
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Reasonable Accommodation
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12 Chapter 17.76 Reasonable Accommodation
17.76.010 Purpose
This Chapter provides a procedure to request Reasonable Accommodation for persons with disabilities seeking equal access to housing under the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act (ADA) (referred to in this Chapter as the Acts) in the application of zoning laws and other land use regulations, policies, and procedures. A Reasonable Accommodation is typically an adjustment to physical design standards (e.g., setbacks) to accommodate the placement of wheelchair ramps or other exterior modifications to a dwelling in response to the needs of a disabled resident. [Source: NEW]
17.76.020 Applicability
A. Eligible Applicants. The following persons may submit a request for Reasonable Accommodation.
1. A request for Reasonable Accommodation may be made by any person with a disability, their representative, or any entity, when the application of a zoning law or other land use regulation, policy, or practice acts as a barrier to fair housing opportunities. [Source: NEW]
2. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having this type of impairment, or anyone who has a record of this type of impairment. Also see other disabilities covered under the Acts. [Source: NEW] B. Eligible Requests. Requests for Reasonable Accommodations shall comply with the following.
1. A request for Reasonable Accommodation may include a modification or exception to the practices, rules, and standards for the development, siting, and use of housing or housingrelated facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. [Source: NEW]
2. A request for Reasonable Accommodation shall comply with Section 17.76.030 (Application Filing, Processing, and Review), below. [Source: NEW] 375
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Article 6 – Permit Processing Procedures Chapter 17.76
Final Draft – March 2024
13 17.76.030 Application Filing, Processing, and Review A. Application. An application for a Reasonable Accommodation shall be filed and processed in compliance with Chapter 17.72 (Application Processing Procedures). The application shall include the information and materials specified in the most up-to-date application handout for Reasonable Accommodation applications, together with the required fee in compliance with the Fee Schedule. [Source: NEW]
B. Filing with Other Land Use Applications. If the project involves both a request for Reasonable Accommodation and some other discretionary approval (e.g., Conditional Use Permit), the applicant shall file the information required by Subsection A (Application), above, together with the materials required for the other discretionary approval. [Source: NEW] C. Responsibility of the Applicant. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.76.040 (Findings and Decision), below. [Source: NEW] D. Review Authority. The Review Authority for Reasonable Accommodation applications shall be as follows. [Source: NEW]
1. Director. A request for Reasonable Accommodation shall be reviewed, and a decision shall be made by the Director if no other discretionary approval is required or submitted for concurrent review. [Source: NEW]
2. Other Review Authority. A request for Reasonable Accommodation submitted for concurrent review with another discretionary land use application shall be reviewed (and approved or denied) by the Review Authority reviewing the discretionary land use application. [Source: NEW]
E. Review Procedures. Reasonable Accommodations applications shall be reviews as follows. [Source:
NEW]
1. Director’s Review. The Director shall make a written decision and either approve, conditionally approve, approve with modifications, or deny a request for Reasonable Accommodation in compliance with Section 17.76.040 (Findings and Decision), below. [Source: NEW]
2. Other Review Authority. The written decision on a Reasonable Accommodation application shall be made by the Review Authority responsible for reviewing the discretionary land use application in compliance with the applicable review procedure for the discretionary review. The decision to approve, conditionally approve, approve with modifications, or deny the request for Reasonable Accommodation shall be made in compliance with Section 17.76.040 (Findings and Decision), below. [Source: NEW] 376
Section 6, Item A.
Chapter 17.76 Reasonable Accommodation
14 17.76.040 Findings and Decision
The decision to approve, conditionally approve, approve with modifications, or deny a request for Reasonable Accommodation shall be based on consideration of all of the following factors: [Source: NEW] A. Whether the housing, which is the subject of the request, will be used by an individual defined as disabled under the Acts; [Source: NEW]
B. Whether the request for Reasonable Accommodation is necessary to make specific housing available to an individual with a disability under the Acts; [Source: NEW] C. Whether the requested Reasonable Accommodation would impose an undue financial or administrative burden on the City; [Source: NEW]
D. Whether the requested Reasonable Accommodation would require a fundamental alteration in the nature of a City program or law, including, but not limited to, land use and zoning; [Source: NEW] E. Whether there are potential health and safety or environmental impacts on surrounding uses; [Source: NEW]
F. Whether physical attributes of the property and structures necessary reasonable accommodation; and [Source: NEW]
G. Whether alternative Reasonable Accommodations may provide an equivalent level of benefit. [Source: NEW]
17.76.050 Conditions of Approval
In approving a request for Reasonable Accommodation, the Review Authority may impose conditions of approval deemed reasonable and necessary to ensure that the Reasonable Accommodation will comply with the findings required by Section 17.76.040 (Findings and Decision), above. [Source: NEW]
17.76.060 Revocation of Approval and Discontinuance
A. Revocation. An approval or conditional approval of an application made in compliance with this Chapter may be conditioned to provide for its revocation or automatic expiration under appropriate circumstances (e.g., the disabled individual vacates the subject site), unless allowed to remain in compliance with Subsection B (Discontinuance), below. [Source: NEW] B. Discontinuance. The following standards shall apply to Reasonable Accommodation applications.
1. A Reasonable Accommodation shall lapse if the exercise of rights granted by it is discontinued for at least 180 consecutive days. [Source: NEW] 377
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Final Draft – March 2024
15 2. If the person(s) initially occupying a residence vacates, the Reasonable Accommodation shall remain in effect only if the Review Authority first determines that: [Source: NEW] a. The modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with this Zoning Code; or [Source: NEW] b. The accommodation is to be used by another qualifying individual with a disability. [Source: NEW]
3. The Review Authority may request the applicant or the successor(s)-in-interest to the property to provide documentation that subsequent occupants are qualifying persons with disabilities. Failure to provide the documentation within 10 days of the date of a request by the Review Authority shall constitute grounds for discontinuance by the City of a previously approved Reasonable Accommodation. [Source: NEW] 378
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Chapter 17.76 Reasonable Accommodation
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379
Section 6, Item A.
Chapter 17.78
Home Occupation Permit
380
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Chapter 17.78 Home Occupation Permit
18 Chapter 17.78 Home Occupation Permit
17.78.010 Purpose
This Chapter intends to allow for home occupations if their effects on residential neighborhoods are undetectable from the usual residential activity and that the activities are not detrimental to the residential character of the neighborhood in which they are located. [Source: 17.18.010, modified]
17.78.020 Application
A Home Occupation Permit is required to establish a home-based business operation as identified in Section 17.40.040 (Home Occupation). The Home Occupation Permit shall be issued by the Director who may establish reasonable conditions to mitigate potential adverse impacts. An application for a Home Occupation Permit shall be in a form prescribed by and filed with the Division. The application shall be complete and appropriate fees paid at the time of filing. No Business License shall be issued to the applicant by the Finance Department until the Home Occupation Permit is approved and issued by the Division. [Source: 17.18.020, modified]
17.78.030 Actions by Director
A. The Director shall review Home Occupation Permit applications and approve, approve with conditions, or deny the Permit in compliance with the criteria for home occupations specified in Section 17.40.040 (Home Occupation). [Source: 17.18.060, modified] B. The Director shall mail a notice to all property owners within 100 feet of the property line advising them of a request for a Home Occupation Permit. Residents within the 100-foot notice shall be given 10 days to submit comments regarding the Home Occupation permit application request.
The Director may consider written comments from affected property owners as part of the final decision on the Home Occupation Permit request. [Source: 17.18.060, modified] C. The Director shall prepare a home occupation agreement specifying the conditions of the Home Occupation Permit. [Source: 17.18.060, modified]
17.78.040 Appeals
The decision of the Director may be appealed to the Commission in compliance with the procedures established in Chapter 17.114 (Appeals). [Source: 17.18.070, modified] 381
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Article 6 – Permit Processing Procedures Chapter 17.78
Final Draft – March 2024
19 17.78.050 Conditions of Approval
The Director may add conditions to the home occupation to protect the public’s health, safety, or welfare, or meet the intent of this Title and the General Plan. The Director is hereby authorized and directed to enforce the provisions of all administrative Home Occupation Permits authorized by this Section. Annual inspections may be made of each Home Occupation Permit to ensure compliance with the regulations established by this Section. In the event of complaints allegedly resulting from the conduct of a home occupation, the Code Enforcement Officer shall cause to be inspected to determine the validity of the complaint. [Source: 17.18.090, modified]
17.78.060 Revocation and Modification
A Home Occupation Permit may be revoked or modified in compliance with Chapter 17.94 (Permit Modification and Revocation). [Source: 17.18.100, modified] 382
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Chapter 17.78 Home Occupation Permit
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Section 6, Item A.
Chapter 17.80
Site Plan Review Permit
384
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Chapter 17.80 Site Plan Review Permit
22 Chapter 17.80 Site Plan Review Permit
17.80.010 Purpose
The purpose of the Site Plan Review Permit is to provide a process that enables the Director to make necessary findings that are in conformity with the City’s General Plan, applicable Specific Plan, Municipal Code and other applicable plans, standards, and policies, as determined by the Development Review Committee, the Director or when deemed necessary and desirable, by the Commission. More specifically, a Site Plan Review Permit is necessary to enable the Director, other City officials, and public agencies to ensure the following:
A. The proposed development is in conformance with the General Plan, Zoning Code, Building Code, and any other applicable Municipal Code standards;
B. New, expanded, or changed uses of property are regulated to ensure that the structures, parking areas, walks, landscaping, infrastructure improvements, street improvements, and other forms of development are properly related to the proposed sites and surrounding sites and structures; C. Prevent adverse impacts, unsightly, or hazardous site development for adjacent properties; D. Encourage quality in site design and development in a manner which will enhance the physical appearance and attractiveness of the community; and
E. Provide expeditious review of environmental impact assessments as may be required by official policy of the City. [Source: 17.14.010, modified]
F. The Director will be responsible for the coordination of the Site Plan Review Permit process with input from the Development Review Committee. It is the intent that the Site Plan Review Permit process be implemented with a cooperative spirit between project proponents and the City.
Further, it is recognized that the size or nature of a project may necessitate a meeting of the project proponent, affected City department representatives, and applicable review agencies to review the proposal.
17.80.020 Applicability
A. The provisions of this Chapter shall apply to the following activities within the jurisdiction of the City:
1. Any person applying for a Building Permit for a multi-unit dwelling; commercial, office, industrial or quasi-public building; mobile home or recreational vehicle park; public building; place of assembly; placement of or other new construction not specifically exempted by this chapter.
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Final Draft – March 2024
23 2. All expansions of an existing structure that increases the square footage or size of a structure by 30 percent or more, not specifically exempted by this chapter.
B. The provisions of this Chapter shall not be applicable to the following activities:
1. The construction, expansion, alteration, or refurbishment of a detached single-unit dwelling upon an R-1 Zone District property, to include improvements such as pools, walkways, decks, fences, patio covers, accessory structures, and landscaping.
2. Any alteration or improvement of a structure, except for changes in building occupancy classification that result in an intensification to a site or site modification.
3. Any new construction, or alteration or expansion of a site, occurring within a Combined Zone District consistent with an approved Development Plan, unless otherwise required.
17.80.030 Building Permit Required
A. Before a Building Permit is issued for any building or structure that is subject to site plan review, the Director shall determine that the proposed structure conforms with the approved site plan.
B. The City Engineer shall determine that all required dedications have been recorded; a letter has been furnished by the applicant from all appropriate utilities that all necessary utilities will be installed in compliance with the City standards; and all off-site improvements (within the City rightof-way) have provided appropriate improvement security, the as a bond, cash deposit or instrument of credit. [Source: 17.14.080, modified]
C. Before a certificate of occupancy is issued, the Building Official shall determine if all the applicable conditions of the site plan approval have been complied with. [Source: 17.14.080, modified]
17.80.040 Application Filing and Contents
The applicant shall submit sets of prints of the site plan to the Planning Division, in the amount and format as deemed necessary by the Director. The site plan shall be drawn to scale and shall be accompanied by a completed site plan application form. The site plan shall indicate the following information: [Source:
17.14.030, modified]
A. Location of the proposed project;
B. Parcel dimensions; [Source: 17.14.030.B, modified]
C. A site plan, drawn to scale, showing the dimensions of the perimeter of the location, area, and proposed use of all structures; [Source: 17.14.030.C, modified] 386
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Chapter 17.80 Site Plan Review Permit
24 D. Architectural elevations of each side of the proposed structure(s) showing all openings, exterior finishes, original and finish grades, stepped footing outline, and roof pitch; [Source: 17.14.030.D, modified]
E. A colors and materials board of all structures, walls, and fences; [Source: NEW] F. A floor plan, drawn to scale, showing the dimensions of each room, and the resulting floor area.
The use of each room shall be identified, and the size and location of all windows and doors shall be clearly shown.
G. Fully dimensioned setbacks and space between structures; [Source: 17.14.030.E, modified] H. Off-street parking and loading, including the location, number of spaces, dimensions of the parking area, and the internal circulation pattern;
I. Pedestrian, vehicular, and service vehicle access; points of ingress and egress; J. Signs; location, size, and height;
K. Exterior lighting indicating the direction of illumination, type of luminaire, and hooding or shielding devices;
L. Street dedications and improvements;
M. Preliminary drainage plan including direction of natural drainage courses and drainage improvements;
N. Preliminary landscaping plan;
O. Fire protection equipment and improvements as required by the Fire Department; P. Other data may be required by other sections of this Title or as necessary to permit the Director to make the required findings. [Source: 17.14.030.O, modified]
17.80.050 Findings and Decision
A. Within 30 days after the first submittal for a Site Plan Review Permit, the Director shall determine whether the application submittal is complete or incomplete. The applicant shall be noticed in writing the completeness determination of the Site Plan Review submittal.
B. An application for a Site Plan Review Permit which requires an environmental determination other than a categorical exemption or is processed concurrent with another discretionary entitlement shall be considered and approved by the Commission.
C. When, in the opinion of the Director, the Site Plan Review Permit application submitted is of significant consequence or magnitude or involves potential public controversy, the Director may refer said application to the Commission for review and action. 387
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Article 6 – Permit Processing Procedures Chapter 17.80
Final Draft – March 2024
25 D. Applications for Site Plan Review Permit which do not require action by the Commission may be processed and approved by the Director. The Director shall disperse plans to affected City departments and agencies and coordinate the review process.
E. The Director shall approve, approve with conditions, or deny the site plan based on compliance with the requirements of this Section. In approving the Site Plan Review Permit, the Director shall find that: [Source: 17.14.040, modified]
1. The proposed development complies with the General Plan, Zoning Code, and other applicable provisions of the Kerman Municipal Codes;
2. New, expanded, or changed uses of property are arranged to ensure that the structures, parking areas, walks, landscaping, infrastructure improvements, street improvements, and other forms of development will not create an adverse effect on surrounding structures or properties;
3. The proposed development prevents adverse impacts, unsightly, or hazardous site development for adjacent properties;
4. The proposed signs will not by size, location, or lighting interfere with traffic or limit visibility;
5. The proposed development incorporates quality site design elements in a manner which will enhance the physical appearance and attractiveness of the community;
6. Certain conditions of approval are deemed necessary to protect the public health, safety and welfare of those working or living, on or adjoining to the proposed project; and
7. Provide expeditious review of environmental impact assessments as may be required by official policy of the City. [Source: 17.14.040, modified] F. Notification to the applicant of approval, conditional approval, or disapproval of the application shall be provided in writing to the applicant and property owner. The Director’s decision shall be final unless appealed to the Commission in compliance with the procedures outlined in Chapter
17.114 (Appeals). The Director shall prepare a Site Plan Review Permit agreement that outlines the conditions of the Site Plan Review Permit. This agreement shall be signed and dated by the applicant, and property owner, and returned to the Division. A copy will be furnished to the applicant and one copy filed with the Building Division., [Source: 17.14.050, modified]
17.80.060 Appeals
A. The applicant may appeal the Director’s decision to the Commission in compliance with the procedure outlined in Chapter 17.114 (Appeals). [Source: 17.14.060, modified] 388
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Chapter 17.80 Site Plan Review Permit
26 B. The applicant may appeal the Commission’s decision to the City Council in compliance with the procedure outlined in Chapter 17.114 (Appeals). The decision of the City Council shall be final. [Source: 17.14.070, modified]
17.80.070 Site Plan Approval Acceptance Agreement
A. The City shall cause any person having a legal or equitable interest in real property located in the City to enter into a site plan approval acceptance agreement. The procedures and requirements to enter into this approval acceptance agreement are contained in this Chapter. [Source: 17.14.090, modified]
B. The conditions of a site plan approval acceptance agreement shall relate to the policies, standards, and improvement requirements of the City. [Source: 17.14.090, modified] C. No later than 10 days upon receipt of the approved or conditional approval of a site plan and prior to applications for a Building Permit, the applicant and property owner shall execute an acknowledgment and acceptance of the terms and conditions of the site plan agreement with the City certifying such acceptance and agreement to be bound thereby. The burdens of this agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement. [Source: 17.14.090, modified] D. The site plan approval acceptance agreement shall be void 12 months following the date on which approval became effective unless, prior to the expiration of one year, a Building Permit is issued by the Building Division and construction is commenced and diligently pursued toward completion of the site or structures which were the subject of the site plan. Approval may be extended for 12- month periods of time, upon written application to the Director before expiration of the approval.
E. The site plan approval acceptance agreement may be modified upon submittal of an application for modification of a Site Plan Review Permit. The Director shall administratively determine whether to approve, conditionally approve or deny said application for a modification. When the Site Plan Review Permit was approved as part of another discretionary permit, the original approving authority shall review and determine to approve, approve with conditions, or deny said modification. [Source: 17.14.090, modified]
F. A site plan approval acceptance agreement shall not prevent the City, in subsequent actions applicable to the property, from applying new regulations or policies which do not conflict with those regulations or policies to the property as contained in the agreement. [Source: 17.14.090, modified]
389
Section 6, Item A.
Chapter 17.82
Administrative Use Permit
390
Section 6, Item A.
Chapter 17.82 Administrative Use Permit
28 Chapter 17.82 Administrative Use Permit
17.82.010 Purpose and Intent
A. Purpose. The purpose of this Chapter is to provide a procedure for reviewing land uses that may be appropriate in the applicable zone, but whose effects on a site and surrounding area cannot be determined before being proposed for a specific site. Certain types of land uses may require special conditions in a particular zone or physical location within the City because they possess unique characteristics or present special problems that make automatic inclusion as allowed uses either impractical or undesirable due to potential and unforeseeable impacts to the surrounding area. [Source: NEW]
B. Intent. The Administrative Use Permit procedures are intended to streamline development review and entitlement process and provide sufficient flexibility in the use regulations to further the objectives of this Zoning Code and to provide the City with the opportunity to protect the integrity of areas of the City by imposing special conditions to mitigate potential impacts that could result from allowing the use(s) at the requested location. [Source: NEW]
17.82.020 Applicability
Approval of an Administrative Use Permit is required to establish any proposed land use identified in Article 2 (Zones Allowable uses, and Development Standards).as requiring and Administrative Use Permit. [Source:
NEW]
17.82.030 Review Authority
The Director may approve, conditionally approve, or deny an Administrative Use Permit application based on compliance with the requirements of this section, unless otherwise restricted by State law. Development on a site shall comply with all applicable standards established in this Zoning Code and the Municipal Code. [Source: NEW]
17.82.040 Application Filing, Processing, and Review
A. An application for an Administrative Use Permit shall be filed and processed in compliance with Chapter 17.72 (Application Processing Procedures). [Source: NEW] B. The application shall include the information and materials specified in the most up-to-date Division handout for Administrative Use Permit applications, together with the required fee in compliance with the Fee Schedule. [Source: NEW]
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Final Draft – March 2024
29 C. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.82.050 (Findings and Decision), below. [Source: NEW]
17.82.050 Findings and Decision
The Director shall approve or conditionally approve an Administrative Use Permit application if all the findings in this Section can be made. In the event the Director determines an application for an Administrative Use Permit does not comply with one of more of the findings established in this Section, the application shall be denied. [Source: NEW]
A. The proposed use is consistent with the General Plan, any applicable specific plan, and this Zoning Code; [Source: NEW]
B. The proposed use is allowed within the subject zone and complies with all other applicable provisions of this Zoning Code and the Municipal Code; [Source: NEW] C. The design, location, size, and operating characteristics of the proposed use are compatible with the allowed uses in the vicinity; [Source: NEW]
D. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in proximity to the proposed use; and [Source: NEW]
E. The project site is:
1. Physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle (e.g., fire and medical) access, and public services and utilities or private water/septic public services if not required by zone; [Source: NEW]
2. Served by highways and streets adequate in width and improvement to carry the type and quantity of traffic the proposed use would likely generate; and [Source: NEW]
3. Served adequately by public water, sewer, and storm drainage facilities. [Source: NEW]
17.82.060 Conditions of Approval
When considering approval of an Administrative Use Permit, the Director may impose any conditions deemed reasonable and necessary to ensure that the approval will comply with the findings required by Section 17.82.050 (Findings and Decision), above. [Source: NEW] 392
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Chapter 17.82 Administrative Use Permit
30 17.82.070 Noticing and Public Hearing
A. There is no public hearing required for an Administrative Use Permit. The Director shall prepare a written decision that shall contain the findings of fact upon which such decision is based and conditions of approval, if any. [Source: New]
B. The Director shall notify the applicant and property owners within 150 feet of the proposed project in writing of the Director’s intended decision to approve or deny an Administrative Use Permit for the proposed project within 10 calendar days of the date the notification is mailed. (If the 10th day is a weekend or city holiday, the deadline is extended to the next working day). The Director may consider written comments from affected property owners as part of the final decision on the Administrator Use Permit.
17.82.080 Appeal Procedures
The applicant may appeals the Director’s decision within 10 calendar days of the decision, or if the 10th day is a weekend or City holiday, the deadline is extended to the next working day. Appeals shall be filed and processed in accordance with Chapter 17.114 (Appeals). [Source: NEW]
17.82.090 Permit to Run with the Land
An Administrative Use Permit approved in compliance with the provisions of this Chapter shall continue to be valid upon a change of ownership of the business, parcel, service, structure, or use that was the subject of the permit application in the same area, configuration, and manner as it was originally approved in compliance with this Chapter. [Source: NEW].
17.82.100 Modifications to an Approved Permit
Modifications and changes to an approved Administrative Use Permit shall be requested and processed in compliance with Chapter 17.94 (Permit Modification and Revocation). {Source: NEW] 393
Section 6, Item A.
Chapter 17.84
Conditional Use Permit
394
Section 6, Item A.
Chapter 17.84 Conditional Use Permit
32 Chapter 17.84 Conditional Use Permit
17.84.010 Purpose
Because of their unusual characteristics, or the special attributes of the area in which they are to be located, certain uses in the City’s zones are allowed subject to the granting of a Conditional Use Permit. Conditional uses require special consideration so that they may be properly located concerning the objectives of this Title and their effect on surrounding properties. [Source: 17.12.010, modified]
17.84.020 Application
A. An application for an Conditional Use Permit shall be filed and processed in compliance with Chapter 17.72 (Application Processing Procedures). [Source: NEW] B. The application shall include the information and materials specified in the most up-to-date Division handout for Conditional Use Permit applications, together with the required fee in compliance with the Fee Schedule. [Source: NEW]
17.84.030 Actions
A. Before setting a public hearing for the Commission on an application for a Conditional Use Permit, the Director shall first review the application to determine if it is complete. If the application is complete the Director shall fix the public hearing date at which the Conditional Use Permit will be considered and shall give public notice in compliance with Section 17.116.030 (Noticing Requirements for Permits), of the date, time, place, and project description. Before the public hearing, a staff report, environmental determination, and General Plan finding for the Conditional Use Permit shall be made available to the Commission, interested agencies, and the public. [Source:
17.12.030, modified]
B. The Commission shall hold a public hearing on the proposed Conditional Use Permit. At the public hearing, the Commission shall review and consider the testimony of the applicant, the public, representatives from other agencies, and city officials on the proposed Conditional Use Permit. [Source: 17.12.040, modified]
C. The public hearing shall be conducted in compliance with the rules and procedures specified in Chapter 17.116 (Public Notices and Hearings). [Source: 17.12.040, modified] D. The Commission may approve a Conditional Use Permit as requested, or in a modified form, if, based on the application and the testimony submitted, the Commission can make the following findings: [Source: 17.12.040, modified]
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33 1. The proposed establishment, maintenance, and operations of the use applied for will not be detrimental to the public health, safety, and welfare of the persons residing or working in the neighborhood of the proposed use, or whether it will be injurious or detrimental to property and improvements in the neighborhood or the City; [Source: 17.12.040, modified]
2. The proposed use is consistent with the General Plan, Zoning Code, applicable Specific Plans, and other City policies or programs; [Source: 17.12.040, modified]
3. The environmental document is prepared in compliance with the California Environmental Quality Act (CEQA); [Source: 17.12.040, modified]
4. The site for the proposed use is adequate in size, shape, and location to accommodate the use as it relates to the zones for which the use is proposed. [Source: 17.12.040, modified]
17.84.040 Decision
A. The Commission, by resolution, may approve, approve with conditions, or deny without prejudice a Conditional Use Permit application based on compliance with the requirements of this Section.
The resolution shall describe the basis for the decision, including the findings contained in Section
17.84.030 (Actions), below. [Source: 17.12.050, modified] B. The decision of the Commission shall be final unless appealed to the Council. [Source: 17.12.050, modified]
C. The Commission shall cause a copy of its resolution to be mailed to the applicant within 10 days from the adoption. [Source: 17.12.050, modified]
17.84.050 Appeals
A. Appeals to the Commission’s decision shall be made to the Council in compliance with Chapter 17.114 (Appeals). [Source: 17.12.060, modified] B. Upon an appeal of the Commission’s action, the Council shall hold a public hearing. It shall review the proceedings held by the commission, and either affirm, deny, or modify the Commission’s decision. The decision of the Council shall be final. [Source: 17.12.070, modified]
17.84.060 Conditions of Approval
A. The Commission can approve a Conditional Use Permit subject to conditions to protect the public’s health, safety, and welfare. Conditions may include, but are not limited to, requirements involving the following development features and uses: [Source: 17.12.080, modified] 396
Section 6, Item A.
Chapter 17.84 Conditional Use Permit
34 1. Setbacks, spaces, and buffers; [Source: 17.12.080.A.1, modified]
2. Fences and walls;
3. The enclosure of storage areas and limitation on the out-of-door display of merchandise;
4. Grading, surfacing, and drainage improvements;
5. Vehicular ingress and egress;
6. Regulation of signs;
7. Fire prevention equipment and measures;
8. Regulation of noise, vibration, odors, electrical discharge, or interference;
9. Regulation of lighting;
10. Street dedication and improvements;
11. Hours of Operation; and
12. Any other conditions deemed necessary to make development of the site conforming with the intent and purposes contained in this Title. [Source: 17.12.080, modified] B. Conditions contained in a Conditional Use Permit can only be required to achieve the objectives of this Code. Conditions that require dedication of land for a purpose not related to the use of the property or the posting of a bond to guarantee the installation of public improvements not related to the use of the property shall be prohibited. [Source: 17.12.080, modified]
17.84.070 Lapse of Conditional Use Permit
A. A Conditional Use Permit shall lapse and become void 12 months from the date it became effective if the benefactor of the use is not operating within that time unless a lesser or greater time was prescribed by the resolution granting the permit or unless, before the expiration, the benefactor can demonstrate evidence of the use being in progress in the form of submittal for plan review of construction plans, procurement of a Building Permit issued by the Building Division, or commencement of construction for the purpose of operating the use. [Source: 17.12.090, modified]
B. A Conditional Use Permit shall lapse and become void if there is a discontinuance of the use for a continuous period of 12 months. [Source: 17.12.090, modified] C. A Conditional Use Permit may become null and void if, both the property owner and the benefactor submit in writing to the Director their intent to extinguish allowed activities under the Conditional Use Permit. The Conditional Use Permit shall become null and void immediately without further notice.
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35 17.84.080 Renewal of Conditional Use Permit
A. A Conditional Use Permit may be renewed for an additional 12 months or for a lesser or greater time as may be specified; provided, that a renewal application is filed with the Commission before the expiration of the time granted. [Source: 17.12.100, modified] B. The Commission by resolution may approve, approve with conditions, or deny an application for the renewal of a Conditional Use Permit. The resolution shall describe the findings of the commission regarding the decision. [Source: 17.12.100, modified]
17.84.090 Revocation or Modification
A Conditional Use Permit may be revoked or modified in a manner specified in Chapter 17.94 (Permit Modification and Revocation). [Source: 17.12.120, modified] 398
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Chapter 17.84 Conditional Use Permit
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Section 6, Item A.
Chapter 17.86
Temporary Use Permit
400
Section 6, Item A.
Chapter 17.86 Temporary Use Permit
38 Chapter 17.86 Temporary Use Permit
17.86.010 Purpose
The purpose of this Chapter is to allow for short-term, temporary activities for a limited duration of time that would be compatible with the subject site, and adjacent and surrounding uses when conducted in compliance with this Chapter. [Source: NEW]
17.86.020 Applicability
A. General. A Temporary Use Permit shall be required for land uses specified in Article 2 (Zones Allowable uses, and Development Standards).as requiring a Temporary Use Permit. Additionally, at the discretion of the Director, a Temporary Use Permit shall be required for any short-term, temporary activities that might not meet the normal development or use standards of the applicable zone but may otherwise be acceptable because of their temporary nature. [Source:
NEW]
B. Conditionally Allowed Uses. Short-term, temporary land uses and activities that require the approval of a Conditional Use Permit in Article 2 (Zones Allowable uses, and Development Standards), shall be referred to the Commission for decision in compliance with Chapter 17.84 (Conditional Use Permit). [Source: 17.12.110, modified]
17.86.030 Application
A. An application for a Temporary Use Permit shall be filed and processed in compliance with Chapter
17.72 (Application Processing Procedures). [Source: NEW] B. The application shall include the information and materials specified in the most up-to-date Division handout for Temporary Use Permit applications, together with the required fee in compliance with the Fee Schedule. [Source: NEW]
17.86.040 Uses and Activities
The following uses or activities are eligible for a Temporary Use Permit and may be processed as an administrative matter by the Director: [Source: 17.12.110, modified]
401
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39 A. Sales of Christmas Trees. Outdoor sales of Christmas trees between November 15th and January 2nd of the next year provided a sales permit is obtained. The sales area shall be situated where adequate temporary parking is available and normal traffic flow and sight distances at intersections and driveways will not be impeded. All Christmas trees, signs, or other related structures shall be removed from the outdoor area no later than January 2nd. [Source: 17.12.110, modified] B. Promotional Displays and Activities. Private promotional displays and activities including, but not limited to, amusement rides, street dances, concerts, live entertainment, and promotional outdoor displays; and sales may be conducted on property in commercial, mixed use, and industrial zones.
The activities shall be conducted only within the buildable portion of the parcel. Temporary signs on the site are allowed only with the approval of the Director, provided that a temporary sign permit is obtained, and all signs are removed within 24-hours of sales end. The sales area shall be situated where adequate temporary parking is available and normal traffic flow and sight distances at intersections and driveways will not be impeded. [Source: 17.12.110, modified] C. Temporary Uses. The Director may authorize the temporary use of the property in any zone for a period not to exceed two consecutive weeks, and no more than two separate events in a calendar year at a single location for an exposition, concert, carnival, amusement ride, or place of assembly revival. [Source: 17.12.110, modified]
D. Temporary Sales or Construction Offices. A temporary modular office established to manage sales or construction of residential and non-residential parcels may be authorized in any zone.
Temporary signs are allowed subject to the approval of the Director. [Source: 17.12.110. modified] E. Temporary Construction Structures. Temporary structures or trailers associated with construction projects for the housing of tools, equipment, building assembly operations, and supervisory offices in connection with major construction projects. [Source: 17.12.110, modified] F. Temporary Outdoor Sales. Temporary outdoor sales and parking lot sales in association with an allowed business that is within an enclosed building that is located on the same parcel of record.
These outdoor sales shall not occur more than 14 days per calendar year. [Source: 17.12.110, modified]
G. Temporary Residences. The temporary use of a self-contained trailer or recreational vehicle as a dwelling unit for a period of up to 30 days. [Source: 17.12.110, modified] H. Temporary Mobile Office Structure. Mobile office structures are allowed in any zone for no more than six months subject to the regulations contained in Section 17.40.060 (Mobile and Temporary Office Structures) of this Zoning Code. A Temporary Use Permit for a Mobile Office Structure may be renewed for one additional six-month period. Mobile Office Structures proposed for a period to exceed a year shall be subject to an Administrative Use Permit in compliance with Chapter 17.82 (Administrative Use permit). [Source: 17.12.110, modified] 402
Section 6, Item A.
Chapter 17.86 Temporary Use Permit
40 17.86.050 Ineligible Temporary Uses
A. Garage, yard, estate sales at a single-unit or multi-unit dwelling residence; B. Mobile Food Vendors;
C. Outdoor sales and events on sidewalks.
17.86.060 Revocation and Modification
A Temporary Use Permit may be revoked or modified in a manner specified in Chapter 17.94 (Permit Modification and Revocation). [Source: 17.12.120, modified]
17.86.070 Permit Renewal
Approval of this use may be renewed for a period not to exceed six months. At their discretion, the Director may refer the application for a Temporary Use Permit to the Commission for action. [Source: 17.12.110, modified]
403
Section 6, Item A.
Chapter 17.88
Variance Permit
404
Section 6, Item A.
Chapter 17.88 Variance Permit
42 Chapter 17.88 Variance Permit
17.88.010 Purpose
Where practical difficulties, unnecessary hardships, and conditions inconsistent with the general purposes of this Title may result from the strict application of certain provisions of this Code, Variances may be granted as provided in this Chapter. The granting of any Variance and the conditions attached to the grant shall ensure that the Variance does not constitute a special privilege inconsistent with the limitations on other properties in the vicinity and zone in which the property is situated. [Source: 17.16.010, modified]
17.88.020 Application Filing
The applicant shall submit site plan print setsin the form and quantity as deemed necessary by the Director, and a completed Variance application form. [Source: 17.16.020, modified]
17.88.030 Action by the Commission
A. The Commission shall hold a public hearing on the proposed Variance Permit. At the public hearing, the Commission shall review and consider the testimony of the applicant, the public, representatives from other agencies, and City officials on the proposed Variance. [Source:
17.16.030, modified]
B. The public hearing shall be conducted in compliance with the rules and procedures specified in Chapter 17.116 (Public Notices and Hearings). [Source: 17.16.030, modified] C. The Commission may grant an application for a Variance Permit as requested or in a modified form if, based on the application and the testimony submitted, the Commission can make the following findings: [Source: 17.16.030, modified]
1. Any Variance Permit granted shall be subject to the conditions as will ensure that the adjustment authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is situated. [Source: 17.16.030, modified]
2. Exceptional circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of the zoning law is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. [Source: 17.16.030, modified] 405
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43 3. The granting of the Variance Permit will not be contrary to the intent of this Title or the public safety, health, and welfare or injurious to other properties in the vicinity. [Source:
17.16.030, modified]
4. A Variance has not been granted for use or activity which is not authorized by the zone regulations governing the parcel of property. [Source: 17.16.030, modified]
5. A Variance shall not be granted on economic grounds. [Source: 17.16.030, modified]
17.88.040 Action
A. The Commission by resolution may approve, approve with conditions, deny, or deny without prejudice a Variance Permit. The resolution shall describe the basis for the decision, including the findings contained in Section 17.74.030 (Actions). [Source: 17.16.040, modified] B. The decision of the Commission shall be final unless appealed to the Council. [Source: 17.16.040] C. The Commission shall cause a copy of its resolution to be mailed to the applicant within 10 days from the adoption. [Source: 17.16.040, modified]
17.88.050 Appeals
A. Any person, including the Director, may appeal the Commission’s decision to the Council in compliance with the procedure specified in Chapter 17.114 (Appeals). [Source: 17.16.050, modified]
B. Upon appeal of the Commission’s action, the Councilshall hold a new public hearing. It shall review the proceedings held by the Commission, and either affirm, deny, or modify the Commission’s decision. The decision of the Council shall be final. [Source: 17.16.060, modified]
17.88.060 Conditions of Approval
A Variance Permit can be approved subject to the conditions. The conditions shall ensure that the Variance does not constitute a grant of special privileges and that the purpose and intent of this Zoning Code and the General Plan are met. [Source: 17.16.070, modified] 406
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Chapter 17.88 Variance Permit
44 This page was intentionally left blank.
407
Section 6, Item A.
Chapter 17.90
Minor Deviation Permit
408
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Chapter 17.90 Minor Modification Permit
46 Chapter 17.90 Minor Deviation Permit
17.90.010 Application
A Minor Deviation Permit may be granted, upon written request, as an administrative matter by the Director and subject to the conditions they may impose. [Source: 17.16.090.A, modified]
17.90.020 Review and Action
A. The granting of a Minor Deviation Permit shall not be subject to the notice or public hearing procedures specified in this Zoning Code. [Source: 17.16.090.B, modified] B. A Minor Deviation shall be defined as a variance of 20 percent or less from zone standards specified in Article 2 (Zones, Allowable Uses, and Development Standards) of this Title, not including density but including parcel area, parcel dimensions, setback distance, parcel coverage, height limitations, parking requirements, or other zone standard requirements. Source: 17.16.090.C, modified] C. The Director shall prepare an administrative agreement approving, approving with conditions, or denying the request. A copy of this agreement shall be sent to the applicant within five working days of the decision. The decision of the Director is final unless appealed to the Commission in compliance with the procedures described in Chapter 17.114 (Appeals). [Source: 17.16.090.D, modified]
409
Section 6, Item A.
Chapter 17.92
Development Agreements
410
Section 6, Item A.
Chapter 17.92 Development Agreements
48 Chapter 17.92 Development Agreements
17.92.010 Purpose and Intent
A. The purpose of this Chapteris to ensure persons developing property in the City that upon approval of a development project, the persons may proceed with the project in compliance with existing policies, rules and regulations, and conditions that were applicable at the time of the project approval. [Source: 17.72.010, modified]
B. The intent is to allow larger scale and longer term development projects that provide benefits to the City be allowed to have some guarantees and commitments from the City provided that the development provides commitments and guarantees to the City in return. [Source: NEW]
17.92.020 Authority
Government Code Section 65865 provides that a city may enter into a development agreement with any person having a legal or equitable interest in real property for the development of the property. [Source:
17.72.020, modified]
17.92.030 General Plan Consistency
The development agreement shall be consistent with the General Plan, Zoning Code, and any applicable specific plan. [Source: 17.72.030, modified]
17.92.040 Application
A development agreement shall not be granted until an application has been submitted and approved. An application for a development agreement shall include the following: [Source: 17.72.040] A. Name and address of the agent, if applicable, and proof of authority of the agent to act for the property owner;
B. Name and address of property owner(s) and proof of interest in the property for which the development agreement is being applied;
C. Assessor’s parcel number;
D. Legal description;
E. A narrative description of the proposed development is as follows:
1. Project description,
411
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49 2. Provisions for reservation or dedication of land for public purposes,
3. Method of project financing,
4. Construction phasing,
5. Conditions, restrictions, or terms that will be attached to the development agreement.
17.92.050 Review and Approval
Approval of a development agreement shall require the approval of the Commission and Council. Where a discretionary permit or Zoning Map Amendment is required for the project in which the development agreement is to apply, the application may be considered part of that permit or Zoning Map Amendment request and reviewed and approved in conjunction with that permit or Zoning Map Amendment. A public hearing as specified in Chapter 17.116 (Public Notices and Hearings) shall be held when a development agreement is considered by the Commission or the Council. [Source: 17.72.050, modified]
17.92.060 Commission Hearing
The Commission shall hold a public hearing on the proposed development agreement. After the public hearing, which may be held in conjunction with other discretionary planning permits, the Commission shall make its recommendation in writing to the Council. The recommendation shall include the Commission’s determination whether the development agreement proposed: [Source: 17.72.060, modified] A. Is consistent with the objectives, policies, general land uses, and programs specified in the General Plan and any applicable specific plan;
B. Is compatible with the uses authorized in, and the regulations prescribed for, the zone in which the real property is located; [Source: 17.72.060.A, modified] C. Conforms with public convenience, general welfare, and good land use practice; D. Will not be detrimental to public health, safety, and general welfare. Will not adversely affect the orderly development of property;
E. Will provide sufficient benefit to the City to justify agreeing. [Source: 17.72.060.E, modified]
17.92.070 Council Hearing
A. The Council shall hold a public hearing on the proposed development agreement. It may accept, modify, or disapprove the recommendation of the Commission. The Council shall not approve the development agreement unless it adopts the findings contained in Section 17.92.060 (Commission Hearing), above, to support its action. [Source: 17.72.070, modified] 412
Section 6, Item A.
Chapter 17.92 Development Agreements
50 B. If the Council approves the development agreement, it shall do so by the adoption of an ordinance in compliance with Government Code Section 65867.5. [Source: 17.72.070, modified]
17.92.080 Initiation of Amendment or Cancellation
A development agreement may be amended, or canceled in whole or in part, by mutual consent of the parties to the agreement or their successors in interest. Notice of intention to amend or cancel any portion of the agreement shall be given in the manner provided by Section 65867. An amendment to an agreement shall be subject to the provisions of Section 65867.5 [Source: 17.72.080, modified]
17.92.090 Recordation of Agreement
A. Within 10 days after the City enters into the development agreement, the Director shall have the agreement recorded with the county recorder. [Source: 17.72.090.A, modified] B. If the parties to the agreement or their successors in interest amend or cancel the agreement, or if the City terminates or modifies the agreement for the failure of the applicant to comply in good faith with the terms or conditions of the agreement the Director shall have notice of the action recorded with the county recorder. [Source: 17.72.090.B, modified]
17.92.100 Review of Agreement
The Directorshall review the development agreement at least once every twelve months from the date the agreement is entered into. The Director shall report the findings of their review to the Commission and Council. The time for review may be modified by agreement between the parties. [Source: 17.72.100, modified]
413
Section 6, Item A.
Chapter 17.94
Permit Amendment, Modification,
and Revocation
414
Section 6, Item A.
Chapter 17.94 Permit Amendment, Modification, and Revocation 52 Chapter 17.94 Permit Amendments, Modification, and
Revocation
17.94.010 Amendments to Approved Permits
The approval body which approved the entitlement, permit, or approval in questions (i.e., Director, Commission, Council) may modify any permit, approval, or entitlement by amending drawings and plans, and any conditions of approval imposed upon it. [Source: 17.24.020, modified] A. Application.
1. A development or land use allowed through an Administrative Use Permit, Conditional Use Permit, Home Occupation Permit, Minor Deviation, Development Plan Review Permit, Sign Permit, Sign Program, Site Plan Review, Temporary Use Permit, or Variance shall be in substantial compliance with the approved drawings and plans, and any conditions of approval imposed by the review authority.
2. An applicant shall request desired changes in writing and shall also furnish appropriate supporting materials and an explanation of the reasons for the request.
3. Requested changes may involve changes to one or more conditions imposed by the review authority or actual changes to the project (i.e., hours of operation, expansion of a use) as originally proposed by the applicant or approved by the review authority.
4. Changes shall be approved before implementation of the changes and may be requested either before or after construction or establishment and operation of the approved use or development.
B. Notice and Hearing. If the matter originally required a notice public hearing, the review authority shall hold a public hearing, except for the minor Modification established in Subsection C of this section, and shall give notice, in compliance with Chapter 17.96.030 (Noticing Requirements for Permits).
C. Minor Modification. The Director may authorize minor modifications to an approved site plan, architecture, or the nature of the approved use only if the changes:
1. Are consistent with all applicable provisions of this Title and the spirit and intent of the original approval; and
2. Do not involve a feature of the project that was:
a. A basis for findings in a negative declaration or environmental impact report for the project;
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53 b. A basis for conditions of approval for the project; or c. A specific consideration by the reviewing authority (i.e., Director, Commission, Council) in granting the permit or approval.
D. Major Modification. Major changes include changes to the project involving features specifically described in subsection (C)(2) of this section and shall only be approved by the review authority through a new application or modification, processed in incompliance with this Title.
17.94.020 Grounds for Revocation or Modification
Any planning permit may be revoked if any of the following apply: [Source: 17.24.010] A. The planning permit was obtained by fraud; [Source: 17.24.010, modified] B. One or more of the terms or conditions upon which a permit was granted has been violated; [Source: 17.24.010, modified]
C. The use for which the permit was granted is conducted in a manner that is detrimental to the public health, safety, or welfare or that creates a nuisance. [Source: 17.24.010, modified]
17.94.030 Modification of Permits
Instead of revocation, the Director, Commission, or Council may modify any permit by amending existing or adding new conditions. [Source: 17.24.020, modified]
17.94.040 Initiation
The hearing to revoke or modify a permit may be initiated by order of the Commission or the Council, or at the request of the Director. The order shall contain the grounds for revocation or modification. [Source:
17.24.030, modified]
17.94.050 Public Hearing Requirements
The applicable review authority shall hold a public hearing to revoke or modify any permit or approval granted in compliance with the provisions of this Title. Before the date of any hearing to revoke or modify a permit, the Director shall: [Source: 17.24.040, modified] A. Give notice of a public hearing no less than 10 days before the hearing; [Source: 17.24.040.A] 416
Section 6, Item A.
Chapter 17.94 Permit Amendment, Modification, and Revocation 54 B. Serve a copy of the order and a written notice of the time and place of the hearing upon the person whose name and address appear as the owner of the premises on the latest tax roll of the County and upon the person in possession of the premises involved. Service of the notice and the order shall be made in the manner required by law for the service of a summons, or by registered or certified mail, postage prepaid; [Source: 17.24.040.B, modified] C. Cause a copy of the order and a notice of the time and place of the hearing and a copy of the order to be sent to the public offices, departments, or agencies who, in the opinion of the Director, may be interested in the proceedings. [Source: 17.24.040.C, modified]
17.94.060 Hearings
A. Planning Commission. The Commission shall have authority over all permit revocations or modifications originally approved by the Commission. The Commission shall also have the authority to revoke any permit approved by the Director. Upon considering evidence and testimony presented at the public hearing, the Commission shall render its decision as to whether the permit should be revoked or modified. [Source: 17.24.050, modified] B. Director. The Director has the discretion to modify, but not revoke, any permit originally approved by the Director. Modifications to planning permits granted by the Director shall not require a public hearing. The Director’s decision shall be final unless appealed to the Commission.
17.94.070 Appeal
Any person dissatisfied with the decision of the Director may appeal the decision to the Commission. Any person dissatisfied with the decision of the Commission may appeal the decision to the Council. All appeals must be submitted to the City Clerk within five working days after the decision was made. [Source:
17.24.060, modified]
17.94.080 Hearing by Council
Following the appeal of the Commission’s decision on the revocation or modification of a permit, the Council shall hold a public hearing on the revocation or modification action. Upon considering evidence and testimony presented at the public hearing, the Council shall render its decision as to whether the permit should be revoked or modified. The decision of the Council is final. [Source: 17.24.070, modified] 417
Section 6, Item A.
Chapter 17.96
Development Plan Review
Permit
418
Section 6, Item A.
Chapter 17.96 Development Plan Review Permit
56 Chapter 17.96 Development Plan Review Permit
17.96.010 Purpose
The purpose of the Development Plan Review Permit is to provide the City with a planning and design “tool” that can be used in assisting developments in Planned Development and Smart Development Combining Districts achieve comprehensive development that is superior to traditional development of the recent past by increasing walkability and connectivity while achieving the higher net density and preservation of open space goals set forth by the General Plan. [Source: NEW]
17.96.020 Applicability
A. An application for a Development Plan Review Permit shall be required for all proposed developments in a Combining Zone District.
B. The provisions of this subchapter shall apply to the following activities within the jurisdiction of the City: [Source: NEW]
1. Applicable Development Projects. A Development Pan Permit shall be required for all residential and non-residential development projects within a Combining Zone District. [Source: NEW]
2. Development Plan Review Permit Precedes Building or Grading Permits. For projects proposed within a Combining Zone District, a Building or Grading Permit shall not be issued until the Development Plan Review Permit has been approved in compliance with this Chapter. [Source: NEW]
3. Activities Only Allowed in Base Zoning District. A Development Plan Review Permit shall not authorize a land use activity that is not allowed in the base zoning district. [Source: NEW] C. Modify Standards. The Development Plan Review Permit may adjust or modify, where necessary and justifiable, all applicable development standards (i.e., parcel coverage, structure height, setbacks, fence and wall heights, landscaping, open space) identified in this Zoning Code, with the exception of an increase in the applicable General Plan density. [Source: NEW]
1. If public dedicated streets are used, then the total area of all streets within the property shall be subtracted from the gross area of the property. The net area remaining shall be divided by the minimum size parcel area required by the underlying zone. The quotient shall be the number of dwelling units allowed. [Source: NEW] 419
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57 2. If all the streets and roadways are private, then the gross area of the property shall be divided by the minimum size parcel area required by the underlying zone. The quotient shall be the number of dwelling units allowed. [Source: NEW]
3. If a combination of public and private streets is used, then only that total area of all public streets shall be subtracted from the gross area of the property. The net area remaining shall be divided by the minimum size parcel area required by the underlying zone. The quotient shall be the number of dwelling units allowed. [Source: NEW] D. Development Plan Review shall comply with Chapter 17.46 (Multi-Unit Dwelling Objective Design Standards), Chapter 17.48 (Single-Unit Dwelling Design Standards), and any other development guidelines adopted by resolution of the City Council. [Source: NEW] E. Residential development projects with increased density or intensity standards may only be approved in compliance with State law (Government Code Section 65915 and Chapter 17.42 (Density Bonuses). [Source: NEW]
17.96.030 Building Permit Required
A. Before a Building Permit is issued for any building or structure that is subject to a Development Plan Review, the Director shall determine that the proposed structure conforms with the approved development plan. [Source: NEW]
B. The City Engineer shall determine that all required dedications have been recorded; a letter has been furnished by the applicant from all appropriate utilities that all necessary utilities will be installed in compliance with the City standards; and all off-site improvements (within the City rightof-way) have provided appropriate improvement security, the as a bond, cash deposit or instrument of credit. [Source: NEW]
C. Before a certificate of occupancy is issued, the Building Official shall determine if all the applicable conditions of the development plan have been complied with. [Source: NEW]
17.96.040 Application Filing and Contents
A. The applicant shall submit sets of prints of the development plan to the Division, as deemed necessary by the Director. The development plan review application materials shall include the following: [Source: NEW]
1. Site Plan drawn to scale with the following information:
a. Legal description and boundary survey map of the exterior boundaries of the parcel to be developed; [Source: NEW]
420
Section 6, Item A.
Chapter 17.96 Development Plan Review Permit
58 b. Plot plan of land to be developed, showing residential uses by type, number, and size; residential parcels by type, number and size; open space uses; streets, rightsof-way and easements; and proposed on-site and off-site improvements, including landscaping, walls and fences, street and sidewalk improvements, lighting and infrastructure; [Source: NEW]
2. A grading and drainage plan, showing elevations, directions of water flow and storm drainage improvements; [Source: NEW]
3. Concept plans that demonstrate the overall scope of the development including general arrangement of all open space and landscaping; [Source: NEW]
4. A preliminary utility plan; [Source: NEW]
5. Preliminary title report; [Source: NEW]
6. The anticipated timing of each development phase; [Source: NEW]
7. Elevation drawings and floor plan drawings of proposed structures in the development; and [Source: NEW]
8. Document requesting specific modifications to development standards and justification or information demonstrating how the proposed development is superior to traditional development of the recent past by increasing walkability and connectivity. [Source: NEW]
17.96.050 Action
A. Before setting a public hearing for the Commission on an application for a Development Plan Review Permit, the Director shall first review the application to determine if it is complete. A complete Development Plan Review Permit shall be noticed in compliance with Section 17.116.030 (Noticing Requirements for Permits), of the date, time, place, and project description. Before the public hearing, a staff report, environmental determination, and General Plan finding for the Development Plan Review Permit shall be made available to the Commission, interested agencies, and the public. [Source: NEW]
B. The Commission shall hold a public hearing on the proposed Development Plan Review Permit. At the public hearing, the Commission shall review and consider the testimony of the applicant, the public, representatives from other agencies, and city officials on the proposed Development Plan Review Permit. [Source: NEW]
C. The public hearing shall be conducted in compliance with the rules and procedures specified in Chapter 17.96 (Public Notices and Hearings). [Source: NEW] 421
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59 D. The Commission may approve a Development Plan Review Permit as requested, or in a modified form, if, based on the application and the testimony submitted, the proposed development is demonstratively superior to the development that could occur under the standards applicable to the underlying base district, and will achieve superior community design, environmental preservation, and other substantial public benefit. In making this determination, the following factors should be considered: [Source: NEW]
1. Appropriateness of the use(s) at the proposed location;
2. The mix of uses, housing types, and housing price levels;
3. Provision of infrastructure improvements are adequate to meet the needs of the development;
4. Provision of open space. For example, a greater amount of open space or unique community amenities that would otherwise be provided under the strict application of this code.
5. Connectivity to public trails, schools;
6. Compatibility of uses within the development area;
7. Creativity in design and use of land;
8. Quality of design, and adequacy of light and air to the interior spaces of the buildings; and
9. Overall contribution to the enhancement of neighborhood character and to the built and natural environment of the City in the long term. [Source: NEW]
17.96.060 Resolution for Decision
The Commission, by resolution, may approve, approve with conditions, or deny without prejudice a Development Plan Review Permit application based on compliance with the provisions of this Chapter. The resolution shall describe the basis for the decision, including the findings contained in Section 17.96.060 (Action). The decision of the Commission shall be final unless appealed to the Council. The Commission shall cause a copy of its resolution to be mailed to the applicant within 10 days from the adoption. [Source:
NEW]
17.96.070 Appeals
A. Appeals to the Commission’s decision shall be made to the Council in compliance with Chapter
17.114 (Appeals). [Source: NEW]
422
Section 6, Item A.
Chapter 17.96 Development Plan Review Permit
60 B. Upon an appeal of the Commission’s action, the Council shall hold a new public hearing and notice such public hearing in compliance with Chapter 17.116 (Public Notices and Hearings). It shall review the proceedings held by the commission, and either affirm, deny, or modify the Commission’s decision. The decision of the Council shall be final. [Source: NEW]
17.96.080 Conditions of Approval
A. The Commission can approve a Development Plan Review Permit subject to conditions to protect the public’s health, safety, and welfare. Conditions may include, but are not limited to, requirements involving the following development features:
1. Architectural appearance, design, and materials;
2. Building setbacks, heights, and coverage;
3. Fences, walls, and hedges;
4. Parking requirements;
5. Location of service/common use areas;
6. Open space, landscaping, and irrigation;
7. Facilities, improvements, and utilities;
8. Vehicular ingress, egress, and internal circulation,
9. Grading, surfacing, and drainage improvements;
10. Regulation of signs;
11. Fire prevention equipment and measures;
12. Regulation of noise, vibration, odors, electrical discharge, or interference;
13. Regulation of lighting;
14. Easements, street dedication and improvements; and
15. Any other conditions deemed necessary to make development of the site conforming with the intent and purposes contained in this Title. [Source: NEW] B. Conditions contained in a Development Plan Review Permit can only be required to achieve the objectives of this Title. [Source: NEW]
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61 17.96.090 Development Standards
The Commission shall designate the development standards for which a project is being considered under the Development Plan Review Permit. Whenever development standards are not designated by the Commission, such standards specified within Chapter 17.18 (Combining Zones) shall apply to all land and structures. [Source: NEW]
17.96.100 Lapse of Development Plan Review Permit
A. The Development Plan Review Permit shall lapse and become void 24 months from the date it became effective if the use is not utilized within that time unless a lesser or greater time was prescribed by the resolution granting the permit or unless, before the expiration, a Building Permit was issued by the Building Division and construction has commenced. [Source: NEW] B. A Development Plan Review Permit may become null and void if, both the property owner and the benefactor submit in writing to the Director their intent to extinguish allowed development under the Development Plan Review Permit. The Development Plan Review Permit shall become null and void immediately without further notice. [Source: NEW]
17.96.110 Revocation or Modification
A Development Plan Review Permit may be revoked or modified in a manner specified in Chapter 17.94 (Permit Modification and Revocation). [Source: NEW]
424
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Chapter 17.96 Development Plan Review Permit
62 This page was intentionally left blank.
425
Section 6, Item A.
Chapter 17.98
California Environmental Quality
Act (CEQA) Procedures
426
Section 6, Item A.
Chapter 17.98 California Environmental Quality Act (CEQA) Procedures 64 Chapter 17.98 California Environmental Quality Act
(CEQA) Procedures
17.98.010 Purpose
A. The purpose of this section is to comply with Public Resources Code, Section 21082 et seq. that mandates local agencies to adopt by ordinance, resolution, rule or regulation, objectives, criteria, and procedures for the evaluation of projects and the preparation of environmental impact reports, and negative declarations. As part of the review to determine whether an application for a development project is complete, the Director shall conduct a preliminary assessment of potential environmental issues. [Source: NEW]
B. The purpose of this review is to help the City decide if the project is subject to environmental review and, if so, which issues may require analysis. An application subject to environmental review pursuant to the California Environmental Quality Act (CEQA) shall not be considered complete until the applicant has submitted all studies and other documentation the Director has deemed necessary to make an environmental determination.
17.98.020 Applicability
The California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq., applies to all projects, activities, or actions as defined under Public Resources Code Section 21000 et seq.,.
17.98.030 Administration
The Director shall be charged with the responsibility of coordinating and directing the environmental review and preparation of environmental documents pursuant to the procedures established by the Public Resources Code Section 21000 et seq.
17.98.040 Exemptions
If the Director determines that a development application is subject to review under CEQA, within 30 days after determining that the application is complete, the Director shall determine if the project is exempt from environmental review pursuant to State law, CEQA Guidelines and any environmental guidelines that the City has adopted in compliance with CEQA.
427
Section 6, Item A.
Article 6 – Permit Processing Procedures Chapter 17.98
Final Draft – March 2024
65 1. If the Director determines that a project is exempt from environmental review under CEQA, such determination shall be supported with necessary written findings and substantial evidence and included in any public notice required for the project. The notice shall include a citation to the applicable statute or CEQA Guideline section under which it is found to be exempt.
2. Following approval of a project that is exempt from CEQA review, the Director or the applicant may file a Notice of Exemption with the Fresno County Clerk and State Clearinghouse, or as may be required by statue. The applicant for a project shall be responsible for any fees required to file such notice.
17.98.050 Environmental Review
A. Initial Study. If a project is not exempt from environmental review, the Director shall prepare or cause the preparation of an Initial Study composed of applicable technical studies at the applicant's expense. The Director shall then determine whether to require preparation of an Environmental Impact Report (EIR), Negative Declaration or Mitigated Negative Declaration or whether the project is within the scope of a Master EIR, or other appropriate document authorized by CEQA.
B. Determination of Findings. Based on the Initial Study, the Director will make one of the following findings and prepare the appropriate environmental documentation in compliance with State law, CEQA Guidelines and any environmental guidelines that the City has adopted in compliance with CEQA.
1. The project will have "No Significant Impacts" on the environment, and a Negative Declaration will be prepared;
2. The project has been modified to mitigate potential environmental impacts to a level of insignificance and a Mitigated Negative Declaration will be prepared;
3. The project is within the scope of a Master EIR or other appropriate document authorized by CEQA, no additional significant environmental effect will result, and no additional mitigation measures or alternatives may be required; or
4. The proposed project will have, or may have, significant impact(s) and an EIR will be required.
428
Section 6, Item A.
Chapter 17.98 California Environmental Quality Act (CEQA) Procedures 66 17.98.060 Review Authority for the CEQA Finding
A. Prior to approving a project, the decision-making body shall consider the proposed negative declaration, mitigated negative declaration, or Environmental Impact Report, together with any comments received during the public review process. The decision making body shall adopt the proposed negative declaration or mitigated negative declaration only if it finds on the basis of the whole record before it (including the initial study and any comments received), that there is no substantial evidence that the project will have a significant effect on the environment and that the negative declaration or mitigated negative declaration reflects the lead agency’s independent judgment and analysis [CCR Title 14, Section 15074].
B. When adopting a negative declaration or mitigated negative declaration, the lead agency shall specify the location and custodian of the documents of other material which constitute the record of proceedings upon which its decision is based.
C. When adopting a mitigated negative declaration, the lead agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to mitigate or avoid significant environmental effects.
17.98.070 Application and Payment of Fees
No review or request for review of an environmental determination shall be considered for a development application until the required fee set by resolution of the city council has been paid. 429
Section 6, Item A.
17 – Zoning Code
Article 7 – Zoning Code
Administration
FINAL DRAFT
March 2024
Table of Contents
CHAPTER 17.110 ADMINISTRATIVE RESPONSIBILITY .............................................................................. 2
17.110.010 Purpose...................................................................................................................................... 2
17.110.020 City Council................................................................................................................................ 2
17.110.030 Planning Commission ................................................................................................................ 2
17.110.040 Community Development Director........................................................................................... 3
17.110.050 Development Review Committee (DRC) ................................................................................... 3
17.110.060 Administrative Responsibility Overview.................................................................................... 4 CHAPTER 17.112 AMENDMENTS AND REZONES ..................................................................................... 6
17.112.010 Purpose...................................................................................................................................... 6
17.112.020 Initiation of Code Text Amendment and Rezones .................................................................... 6
17.112.030 Public Hearings.......................................................................................................................... 6
17.112.040 Commission’s Action ................................................................................................................. 7
17.112.050 Council Action............................................................................................................................ 7
17.112.060 New Application ........................................................................................................................ 7
17.112.070 Mapping .................................................................................................................................... 8
17.112.080 Urgency Zoning Ordinance Amendments................................................................................. 8 430
Section 6, Item A.
Article 7 – Zoning Code Administration City of Kerman Zoning Code Final Draft – March 2024
ii
CHAPTER 17.114 APPEALS ...................................................................................................................... 10
17.114.010 Purpose.................................................................................................................................... 10
17.114.020 Applicability ............................................................................................................................. 10
17.114.030 Appeal Timeline....................................................................................................................... 10
17.114.040 Effect of Filing Notice of Appeal.............................................................................................. 10
17.114.050 Contents of Notice................................................................................................................... 10
17.114.060 Actions..................................................................................................................................... 11
17.114.070 Director Appeal ....................................................................................................................... 11
17.114.080 Automatic Appeals.................................................................................................................. 11 CHAPTER 17.116 PUBLIC NOTICES AND HEARINGS ............................................................................... 14
17.116.010 Purpose.................................................................................................................................... 14
17.116.020 Noticing Requirements for Zoning Ordinance Amendments.................................................. 14
17.116.030 Noticing Requirements for Permits, Entitlements, and Development ................................... 14
17.116.040 Failure to Receive Notice......................................................................................................... 15
17.116.050 Notification of More than 1,000 Property Owners................................................................. 15
17.116.060 Notification of Public Agencies................................................................................................ 15 CHAPTER 17.118 ENFORCEMENT AND VIOLATIONS ............................................................................. 18
17.118.010 Purpose.................................................................................................................................... 18
17.118.020 Administrative Officials........................................................................................................... 18
17.118.030 Compliance with Code............................................................................................................. 18
17.118.040 Inspection................................................................................................................................ 18
17.118.050 Complaint Regarding Violation................................................................................................ 19
17.118.060 Penalty..................................................................................................................................... 19 431
Section 6, Item A.
Chapter 17.110
Administrative Responsiblity
432
Section 6, Item A.
Chapter 17.110 Administrative Responsibility
2 Chapter 17.110 Administrative Responsibility
17.110.010 Purpose
The persons and entities designated in this Chapter shall be responsible for the administration and implementation of this Zoning Code. [Source: 17.04.010, modified]
17.110.020 City Council
The powers and responsibilities of the City Council as the legislative body under this Zoning Code include, but are not limited to the following:
A. Adopt and amend the Zoning Map and the text of this Zoning Code following a public hearing and recommended action by the Commission.
B. Initiate new community and specific plans and updates to the general plan.
C. Initiate the rezoning of property.
D. Consider and make decisions on land use entitlements.
E. Hear and decide appeals from decisions of the Director or Commission on Conditional Use Permits, variances, and any other permits that can be appealed pursuant to this Zoning Code.
F. When decisions or interpretations of the Commission are appealed, the City Council is the final decision-making body. [Source: 17.04.020, modified]
17.110.030 Planning Commission
A. The Commission shall be the hearing body vested with the authority to approve, approve with conditions, modify, revoke, or deny a development application for a Planning Division permit, including Variance Permits, Development Plan, Conditional Use Permits, land divisions, and environmental studies and reports.
B. The Commission shall serve as an appellate body for all permit decisions made by the Director and for all interpretations of this Zoning Code made by the Director.
C. The Commission shall be the original hearing body to recommend approval or denial of the Zoning Code Text amendments and Zone Map amendments (rezones) to the Council. The Commission shall also regularly review development agreements and report their findings and recommendations to the Council. [Source: 17.04.030, modified] 433
Section 6, Item A.
Article 7 – Zoning Code Administration Chapter 17.110
Final Draft – March 2024
3 17.110.040 Community Development Director
The Director shall be the administrative head of the Planning Division. The Director is vested with the authority to approve or deny ministerial permits including: Administrative Use Permits, Temporary Use Permits, Home Occupation Permits, Site Plan Review Permits, Minor Deviation Permits, and Sign Permits; interpret the Zoning Code; enforce the provisions of the Zoning Code and other codes and statutes regarding the use of land and structures; prepare the application forms for planning permits and carry out other duties as directed by this Zoning Code or Council. [Source: 17.04.040, modified]
17.110.050 Development Review Committee (DRC)
A. Development Review Committee (DRC) Established. The City shall establish and maintain a Development Review Committee (DRC), an advisory body, to review and recommend actions and conditions on development applications when deemed necessary by the Director, for either discretionary or ministerial permits. [Source: NEW]
B. Composition and Number of Members. The DRC shall consist of any three or more members, as follows
1. Chief Building Official;
2. City Engineer;
3. Fire Marshal;
4. Public Works Director;
5. Parks, Recreation, and Community Services Director;
6. A representative from the Police Department; and
7. A representative from any other State Agency, School District, or Utility Service District. [Source: NEW]
C. Actions and Responsibilities. _____
1. The DRC shall review development applications for either discretionary or ministerial permits and provide the Director with a recommendation to modify or modify with conditions, of such applications for a permit. [Source: NEW]
2. The DRC shall be an advisory body with no decision making authority. [Source: NEW] D. Rules and Procedures. The Director may adopt rules of procedure for the DRC. A quorum shall not be required for a DRC. [Source: NEW]
434
Section 6, Item A.
Chapter 17.110 Administrative Responsibility
4 17.110.060 Administrative Responsibility Overview
Table 17.90-1
Governing Authorities for Planning Division Permits and Entitlements Type of Action
Role of Authority
Director Commission Council
Minor Deviation Approves/Denies Appellate Body Appellate Body (Second Appeal)
Director Interpretation and
Classification of Use (see Chapter
17.04 – Interpretation of the
Zoning Code)
Approves/Denies Appellate Body Appellate Body
(Second Appeal)
Home Occupation Permit Approves/Denies Appellate Body Appellate Body (Second Appeal)
Site Plan Review Permit Approves/Denies Appellate Body Appellate Body (Second Appeal)
Conditional Use Permit Reviews and Makes
Recommendations
Approves/Denies Appellate Body
Administrative Use Permit Approves/Denies Appellate Body Appellate Body (Second Appeal)
Variance Permit Reviews and Makes
Recommendations
Approves/Denies Appellate Body
Development Plan Permit Reviews and Makes
Recommendations
Approves/Denies Appellate Body
Zoning Code Text Amendment Reviews and Makes
Recommendations
Reviews and Makes
Recommendations
Approves/Denies
Rezone (Zoning Map Amendment) Reviews and Makes
Recommendations
Reviews and Makes
Recommendations
Approves/Denies
Sign Permit Approves/Denies Appellate Body Appellate Body (Second Appeal)
General Plan Amendment Reviews and Makes
Recommendations
Reviews and Makes
Recommendations
Approves/Denies
435
Section 6, Item A.
Chapter 17.112
Amendments and Rezones
436
Section 6, Item A.
Chapter 17.112 Amendments and Rezones
6 Chapter 17.112 Amendments and Rezones
17.112.010 Purpose
The purpose of this Chapter is to establish procedures for an amendment to the Zoning Code text and rezones of real property. [Source: 17.26.010, modified]
17.112.020 Initiation of Code Text Amendment and Rezones A. Types. ____
1. Code Text Amendment. A change to the text of the Zoning Code.
2. Rezone (Map Amendment). An application to change the zoning for a site from one zone district to another.
B. Initiation. An amendment to the Zoning Code may be initiated by any of the following actions:
1. Council Resolution. The filing of a resolution of initiation by the Council with the Commission.
2. Commission Resolution. The adoption of a resolution of initiation by the Commission.
3. Director Action. The written action of the Director filed in the Division.
C. Application. The filing with the Director of an application signed by one or more owners of record or the owner’s authorized agents, of which property is the subject of the proposed amendment or rezone. The names of all records owners of all land involved must be stated. [Source: 17.26.020, modified]
17.112.030 Public Hearings
A. Whenever a public hearing is required to be set, the Director shall set a date for a public hearing on the amendment. The public hearing shall comply with the provisions specified in Chapter 17.116 (Public Notices and Hearings). [Source: 17.26.030, modified] B. City Council Hearing. Upon receipt of the recommendation of the Commission, the Council shall hold a public hearing consistent with the provisions specified in Chapter 17.116 (Public Notices and Hearings). If the proposed amendment changes property from one zone to another, and the Commission has recommended against the adoption of the amendment, the Council need not take any action, unless an interested party appeals the decision within five working days after the Commission action. [Source: 17.26.050, modified]
437
Section 6, Item A.
Article 7 – Zoning Code Administration Chapter 17.112
Final Draft – March 2024
7 17.112.040 Commission’s Action
A. After the close of the public hearing, the Commission shall act on the proposed amendment. The hearing may be continued by the majority of Commission members present. Before the conclusion of the meeting in which the proposed amendment is being considered, the presiding Commissioner shall announce the time and place to which the hearing is to be continued. No further public notice shall be required. [Source: 17.26.040.A, modified]
B. The Director shall transmit a resolution to the Council containing the Commission’s recommendation and findings. Findings outlined in the resolution shall refer to the project’s consistency with the General Plan, its impact on the health, safety and welfare of the community, and its potential impact on the environment. [Source: 17.26.040.B, modified] C. If the Commission recommends denial of the amendment, the decision may be appealed to the Council in compliance with the provisions specified in Chapter 17.114 (Appeals). Failure to appeal the recommendation shall make the decision of the Commission final. [Source: 17.26.040.C, modified]
D. Within 10 working days of adopting a resolution on an amendment, the Commission shall transmit a copy of its resolution to the applicant. [Source: 17.26.040.D, modified]
17.112.050 Council Action
A. Following a public hearing, the Council may approve, modify, or deny the recommendation of the Commission. [Source: 17.26.060, modified]
B. Any significant modifications of the proposed amendment by the Council not previously considered by the Commission during its hearing, shall be referred back to the Commission for its review and recommendation. The Commission shall not be required to hold a public hearing on the referral.
Failure of the Commission to report within 40 working days after the referral shall cause the Council to proceed with the introduction of ordinance with modifications to be approved. [Source:
17.26.060.A, modified]
17.112.060 New Application
Following the denial of an amendment, no application for the same or substantially the same amendment shall be filed with the City within 12 months from the date a final decision was rendered, unless the denial action was without prejudice. [Source: 17.26.070, modified] 438
Section 6, Item A.
Chapter 17.112 Amendments and Rezones
8 17.112.070 Mapping
Within 30 working days of a Rezone (Map Amendment) which reclassifies property from one zone to another, the Director shall indicate the change on the City’s official Zoning Map. [Source: 17.26.080, modified]
17.112.080 Urgency Zoning Ordinance Amendments
In accordance with Government Code Section 65858, as amended, without following the procedures otherwise required prior to the adoption of an amendment to the Zoning Code, the City Council may adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City Council, Planning Commission or the Director is considering or studying or intends to study within a reasonable time. The term, vote, public hearing, findings, extension, and report requirements under Government Code Section 65858 shall be followed. [Source: 17.26.090.A, modified]
439
Section 6, Item A.
Chapter 17.114
Appeals
440
Section 6, Item A.
Chapter 17.114 Appeals
10 Chapter 17.114 Appeals
17.114.010 Purpose
This Chapter establishes procedures for the appeal of determinations and decisions rendered by the Commission and Director. [Source: NEW]
17.114.020 Applicability
Any person aggrieved by the decision of the Director may appeal the decision to the Commission upon submittal of fee and appeal statement. Further, any person dissatisfied with a decision or interpretation of the Commission may appeal the decision to the Council upon submittal of fee and appeal statement. [Source: 17.22.010, modified]
17.114.030 Appeal Timeline
Director or Commission determinations may be appealed by filing a written notice of appeal with the City Clerk. All appeals must be made no later than 10 working days after the day on which the decision was made. Upon receipt of a notice of appeal in proper form, the City Clerk shall set a hearing date. A public hearing consistent with the requirements of Chapter 17.116 (Public Notices and Hearings) shall be held at appeal hearings of permits that require a public hearing before the original action. [Source: [Source:
17.22.020, modified]
17.114.040 Effect of Filing Notice of Appeal
The timely filing of an appeal shall stay all proceedings in the matter appealed including, but not limited to, the issuance of land use entitlements, development (construction) permits, and business licenses. [Source:
17.22.030]
17.114.050 Contents of Notice
The notice of appeal shall state the decision being appealed, its identification number, and the identity of the appellant. Further, the appellant shall set forth the reasons for which the decision is unjustified or inappropriate.
441
Section 6, Item A.
Article 7 – Zoning Code Administration Chapter 17.114
Final Draft – March 2024
11 17.114.060 Actions
The appellate body shall review the proceedings held by the Director or Commission in which a decision or interpretation was made. At the discretion of the appellate body, a hearing may be continued. [Source:
17.22.060, modified]
17.114.070 Director Appeal
The Director may, at their discretion, appeal decisions of the Commission to the Council if any of the following occurs:
A. Where the action of the Commission constitutes new policies for the City; [Source: 17.22.070.A, modified]
B. Where actions are contrary to established Council policy; [Source: 17.22.070.B, modified] C. Where actions have significant budget or financial impact for the City; [Source: 17.22.070.C, modified]
D. Where actions are not in compliance with State law or in compliance with the Kerman Municipal Code. [Source: 17.22.070.D, modified]
17.114.080 Automatic Appeals
If the Commission is unable to take action because of disqualification or abstentions or failure of a quorum for two consecutive regular meetings, the Directorshall refer the matter to the Council for a public hearing.
Appeals made in compliance with this Section shall not be subject to any fees. The Council may make any decision it deems just and equitable, including the granting of any permit. [Source: 17.22.080, modified] 442
Section 6, Item A.
Chapter 17.114 Appeals
12 This page intentionally left blank.
443
Section 6, Item A.
Chapter 17.116
Public Notices and Hearings
444
Section 6, Item A.
Chapter 17.116 Public Notices and Hearings
14 Chapter 17.116 Public Notices and Hearings
17.116.010 Purpose
This Chapter provides procedures for noticing public hearings required by this Zoning Code. When advance notice is required and/or when a public hearing is required, the noticing and hearing shall be conducted in compliance with this Chapter. [Source: NEW]
17.116.020 Noticing Requirements for Zoning Ordinance Amendments Before the Commission or Council hearing on an amendment to or adoption of the ordinance, a notice of the public hearing shall be published one time, in at least one newspaper of general circulation within the jurisdiction of the City at least 10 days before the hearing. The notice shall include the information specified in Section 17.116.030 (Noticing Requirements for Permits, Entitlements, and Development). If the proposed amendment or adoption of the ordinance affects the uses of real property, notice shall be given in compliance with Section 17.116.030 (Noticing Requirements for Permits, Entitlements, and Development). [Source: 17.10.010, modified]
17.116.030 Noticing Requirements for Permits, Entitlements, and Development A. Before a hearing on a permit for which a public hearing is required, a single notice of hearing shall be given not less than 10 days before a hearing by publication in a newspaper of general circulation which is distributed in or near, the general area of the property which is affected by the proposed land use, permit, or entitlement. If there is no newspaper of general circulation, the notice shall be posted at least 10 days before the hearing in at least three public places within the City [Source:
17.10.020, modified]
B. The newspaper publication and the mailed notices shall include information regarding the date, time and place of the public hearing, the planning body or officer who will consider the permit application and, a general description in text or by diagram, of the location of the real property that is the subject of the hearing. Surrounding properties shall be defined as those properties that fall within the outer property boundary of the proposed land use, permit, entitlement, or development as follows: [Source: 17.10.020, modified]
1. If the subject property is 20 acres or less, notices shall be given to all properties within 300 feet of the property line. [Source: 17.10.020.A, modified]
2. If the subject property is more than 20 acres, notice shall be given to all properties within 500 feet of the property line. [Source: 17.10.020.B, modified] 445
Section 6, Item A.
Article 7 – Zoning Code Administration Chapter 17.116
Final Draft – March 2024
15 17.116.040 Failure to Receive Notice
Failure of any person or entity to receive a notice given in compliance with Section 17.9116.030 (Noticing Requirements for Permits, Entitlements, and Development) shall not invalidate any proceedings for amendment to this Zoning Code nor any permits authorized by this Zoning Code. [Source: 17.10.030, modified]
17.116.050 Notification of More than 1,000 Property Owners If the number of property owners to whom notice would be mailed or delivered in compliance with Section
17.116.030 (Noticing Requirements for Permits, Entitlements, and Development), is greater than one thousand, the Director may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation, distributed in or near the general area of the property which is affected by the proposed development, permit, entitlement, or land use and posted on the City’s website at least 10 days before the hearing. [Source: 17.10.040, modified]
17.116.060 Notification of Public Agencies
In addition to providing written and/or published notice to affected property owners, a notice of the hearing shall be mailed or delivered at least 10 days before the hearing to each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services whose ability to provide those facilities and services may be significantly affected. [Source: 17.10.050, modified] 446
Section 6, Item A.
Chapter 17.116 Public Notices and Hearings
16 This page intentionally left blank.
447
Section 6, Item A.
Chapter 17.118
Enforcement and Violations
448
Section 6, Item A.
Chapter 17.118 Enforcement and Violations
18 Chapter 17.118 Enforcement and Violations
17.118.010 Purpose
This Chapter establishes provisions that are intended to ensure compliance with the requirements of this Zoning Code and any conditions of Division permit approval, to promote the City's planning efforts, and for the protection of the public health, safety, and welfare of the City. [Source: NEW]
17.118.020 Administrative Officials
This Zoning Code shall be administered by the Director and other persons designated by the Director. The Director, Building Official, or Code Enforcement Officer (collectively referred to as “Enforcement Officers” shall be responsible for identifying structures and uses that exist or are conducted in a manner that violates this Zoning Code. If an Enforcement Officer finds that any provision of this Zoning Code is being violated, the Enforcement Officer shall notify, in writing, the responsible party indicating the nature of the violation and the action necessary to correct it consistent with the provisions of Chapter 1.18 (Code Enforcement Authority and Procedures). [Source: 17.28.010, modified]
17.118.030 Compliance with Code
A. All officials, Departments, Divisions, and employees of the City vested with the authority or duty to issue permits, certificates, or licenses shall comply with the provisions of this Zoning Code and shall not issue any permit, certificate, or license which conflicts with the provisions of this Zoning Code. Any permit, certificate, or license issued in conflict with the provisions of this Zoning Code shall be null and void. [Source: 17.28.020.A, modified] B. No permits for the development of real property shall be issued until the Director determines whether the real property involved, and the proposed development are in compliance with the provisions of the Subdivision Map Act, the General Plan, Specific Plan, and this Zoning Code. [Source: 17.28.020.B, modified]
17.118.040 Inspection
In compliance with the provisions of Chapter 1.18 (Code Enforcement Authority and Procedures), an Enforcement Officer may, upon the presentation of credentials to the owner or, occupant, enter any premises or structure at any reasonable time for the purpose of determining if the site is being used in compliance with the provisions of this Zoning Code. If admission or entry is refused, the Director may apply for an inspection warrant consistent with the provision of the Kerman Municipal Code. [Source: 17.28.030, modified]
449
Section 6, Item A.
Article 7 – Zoning Code Administration Chapter 17.118
Final Draft – March 2024
19 17.118.050 Complaint Regarding Violation
Whenever a violation of this Zoning Code occurs or is alleged to have occurred, any person may file a written complaint with the Director, stating fully the causes and basis for the complaint. The Director shall record the complaint, investigate, and take action as provided by this Zoning Code and the City Municipal Code. [Source: 17.28.040, modified]
17.118.060 Penalty
A violation of the Zoning Code or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of Variances, Conditional Use Permits, or other development permits) may constitute an infraction or misdemeanor per Chapter 1.18 of the Municipal Code and shall constitute a public nuisance per Chapter 8.32.050 of the Municipal Code. A person shall be deemed guilty of a separate offense for each day a violation of this Zoning Code is committed or continued. The City may enforce pursuant to criminal citations, administrative citations, abatement, civil court action, a stop work order, and other remedies available by law. [Source: 17.28.050, modified] 450
Section 6, Item A.
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451
Section 6, Item A.
17 – Zoning Code
Article 8 – Definitions
FINAL DRAFT
April 2024
Table of Contents
CHAPTER 17.120 DEFINITIONS ............................................................................................................. 2
17.120.010 “A” Definitions........................................................................................................................... 2
17.120.020 “B” Definitions........................................................................................................................... 6
17.120.030 “C” Definitions........................................................................................................................... 9
17.120.040 “D” Definitions......................................................................................................................... 16
17.120.050 “E” Definitions......................................................................................................................... 18
17.120.060 “F” Definitions......................................................................................................................... 19
17.120.070 “G” Definitions......................................................................................................................... 21
17.120.080 “H” Definitions......................................................................................................................... 23
17.120.090 “I” Definitions.......................................................................................................................... 24
17.120.100 “J” Definitions.......................................................................................................................... 26
17.120.110 “K” Definitions......................................................................................................................... 26
17.120.120 “L” Definitions ......................................................................................................................... 26
17.120.130 “M” Definitions........................................................................................................................ 27
17.120.140 “N” Definitions ........................................................................................................................ 29
17.120.150 “O” Definitions ........................................................................................................................ 30
17.120.160 “P” Definitions......................................................................................................................... 32 452
Section 6, Item A.
Article 8 – Definitions City of Kerman Zoning Code
Final Draft – April 2024
ii
17.120.170 “Q” Definitions ........................................................................................................................ 38
17.120.180 “R” Definitions......................................................................................................................... 38
17.120.190 “S” Definitions......................................................................................................................... 44
17.120.200 “T” Definitions......................................................................................................................... 38
17.120.210 “U” Definitions ........................................................................................................................ 52
17.120.220 “V” Definitions......................................................................................................................... 53
17.120.230 “W” Definitions........................................................................................................................ 55
17.120.240 “X” Definitions......................................................................................................................... 56
17.120.250 “Y” Definitions......................................................................................................................... 56
17.120.260 “Z” Definitions......................................................................................................................... 56 453
Section 6, Item A.
Chapter 17.120
Definitions
454
Section 6, Item A.
Chapter 17.120 Definitions
2 Chapter 17.120 Definitions
17.120.010 “A” Definitions
Abandonment. The cessation of the use of the property for a period of 12 months or more. [Source: Existing definition, modified]
Abatement. Eliminating a zoning violation. [Source: Existing definition] Abut. To physically touch or border upon; or to share a common property line. [Source: Existing definition] Access. The place, means, or way by which pedestrians and vehicles shall have safe, adequate, and usable ingress and egress to a property, parcel or natural feature or use as required by this title. [Source: Existing definition]
Accessory Dwelling Unit (ADU).
Accessory Dwelling Unit (ADU). Attached or detached residential dwelling unit, on the same parcel as the principal dwelling, which provides complete independent living facility for one or more persons and includes permanent provisions for living, sleeping, eating, cooking, and sanitation as may be amended by the California Government Code. [Source: NEW]
Junior Accessory Dwelling Unit (JADU). An accessory dwelling unit that is located entirely within a detached single unit dwelling that shall meet the requirements in Article 4 (Standards for Specific Uses), as may be amended by the California Government Code. [Source: NEW] Accessory Structure. A structure (i.e., carport, garage, storage shed, barns, workshop,) that is clearly incidental, related, secondary, and subordinate to a primary structure. The accessory structure shall contain no kitchen and shall not change the character of the primary structure. All accessory structures shall be constructed with, or after, the construction of the primary structure. For accessory dwelling unit, see “Accessory Dwelling Unit (ADU)”. [Source: NEW, modified] Accessory Use. A use that is clearly accessory, incidental, and secondary to the primary use of the land, or any use that is determined by the Director to customarily part of or related to the primary use of the land does not change the character of the primary use or primary structure. Does not include the storage of building materials and construction equipment. See “Contractor Storage Yard”. [Source: NEW, modified] Access Way. See “Access”. [Source: Existing definition] Acre. A land area unit containing 43,560 square feet. [Source: Existing definition] Addition. Any construction which increases the size of an existing building (i.e., porch, attached garage or carport, new room). An addition is a form of alteration. [Source: Existing definition] 455
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3 Adjacent.Near, close, or abutting (i.e., an industrial zone across a street or highway from a residential zone). [Source: Existing definition; modified]
Adjoin. See “Abut”. [Source: Existing definition]
Adult Oriented Business. See Chapter 9.20, Adult Oriented Business, Section 9.20.040. [Source: Existing definition]
Advertising Structure. Any notice or advertisement, pictorial or otherwise, and all structures used as an outdoor display, regardless of size or shape, for the purpose of advertising property or the establishment or enterprise, including goods and services which are not located on the same property as the advertising structure. [Source: Existing definition]
Aesthetic. The perception of artistic elements, or elements in the natural or manmade environment which are pleasing to the eye. [Source: Existing definition]
Agriculture. The practice of farming, including tilling of soil, the raising of crops, horticulture, viticulture, aviculture, apiculture, livestock grazing, the raising of small animals and poultry, domestic livestock farming, dairying, and animal husbandry. [Source: Existing definition, modified] Agriculture, Animal Husbandry. The raising, breeding, and caring of farm animals (e.g., cattle, horses, goats, sheep, chickens, hogs, rabbits, birds) as a commercial agricultural venture or minor occupation. [Source:
NEW]
Agriculture, Dairies. An agricultural establishment raising large animals for the primary purpose of milking, including cattle, goats, and sheep. [Source: NEW]
Agriculture, Horticulture. Agricultural crops, fruit trees, hay crops, nurseries for producing trees, vines and other horticultural stock, orchards, pasture crops, nut trees, row crops, vineyards, and other plant crops.
Horticulture activities exclude marijuana and hemp cultivation. [Source: NEW] Agricultural Processing. A facility engaged in the refinement, treatment, or conversion of agricultural products. Illustrative examples of examples of agricultural processing include, packing sheds, fruit dehydrators, feed grain and flower mills, cold storage houses and hulling operations and the sorting, cleaning, packing, and storing of agricultural products preparatory to sale and/or shipment in their natural form when the products are produced on the premises, including all uses customarily incidental thereto, but not including a slaughter house, fertilizer works, commercial packing or processing plant for the reduction of animal matter or any other use which is similarly objectionable because of odor, smoke, dust, fumes, vibration or danger to life or property. This use is further categorized by size, as follows:
Agricultural Processing, Large. A processing facility exceeding 5,000 square feet.
Agricultural Processing, Small. A processing facility 5,000 square feet or less. 456
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4 Agriculture Service Establishment. An agriculturally oriented establishment which provides support service to agricultural operations including the following: agricultural laboratory services, farm machinery and equipment repair (excluding trucks and other motor vehicles), irrigation equipment sales and repair, equestrian supplies, large animal veterinary practices, farm management offices, and similar support services as determined by the Director. [Source: NEW]
Agricultural use. The tilling of soil, the raising of crops, horticulture, viticulture, aviculture, apiculture, livestock grazing, the raising of small animals and poultry, domestic livestock farming, dairying, and animal husbandry. [Source: Existing definition]
Airport. A complex of runways and buildings regulated by the Federal Aviation Administration for the takeoff, landing, and maintenance of civil aircraft, with facilities for passengers. [Source: NEW] Aisle. The traveled way by which cars enter and depart parking spaces. [Source: Existing definition] Alcohol Beverage Sales. Any retail activity which includes the sale or dispensing of alcoholic beverages for either on-site or off-site consumption. Alcoholic beverage sales shall include those beverages requiring licensing for sale or dispensing by the California State Department of Alcoholic Beverage Control. [Source:
NEW]
Alley. A public or private thoroughfare which affords a secondary. of access to abutting property and not intended for general traffic circulation. [Source: Existing definition] Alteration. See “Structural Alteration”. [Source: Existing definition] Altered. See “Structural Alteration”. [Source: Existing definition] Ambulance Service. A commercial facility where ambulances are stored, and from which ambulances and emergency personnel are dispatched to emergencies. [Source: NEW] Ambulatory Person. A person who is able to walk about assisted; a patient who is not bedridden. [Source:
Existing definition]
Amendment. A change in the working, context, or substance of this title, as addition or deletion, or a change in zone boundaries or classifications upon the Zoning Map which imposes any regulation not theretofore imposed or removes or modifies any regulation theretofore imposed. [Source: Existing definition] Animal Hospital. See “Veterinary Clinic”. [Source: NEW] Annexation. The incorporation of land into the city with a resulting change in the boundaries of the city. [Source: Existing definition, modified]
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5 Antenna. A device used in communication which transmits or receives radio signals. Common forms of antennas are panel arrays and whip antennas. Panel arrays are designed to concentrate a radio signal in a particular area and are typically flat and rectangular in design. Whip antennas transmit a signal three hundred sixty degrees and are cylindrical with an eighteen-foot height limit. [Source: Existing definition]
Antenna, Dish. A dish-like antenna used to link communication sites together by wireless transmission of voices or data. Also called microwave antenna or microwave dish antenna. [Source: Existing definition] Antenna, Satellite. A dish-like antenna used to link communications sites together by wireless transmission of voice or data. Also called microwave antenna or microwave dish antenna. [Source: Existing definition] Antenna, Telecommunication Facility. A land use facility supporting antennas and microwave dishes that sends and/or receives radio-frequency signals. Communication facilities include structures (e.g., monopoles, towers) and accessory structures. [Source: Existing definition] Antenna, Telecommunication Tower. A mast, pole, monopole or guyed or lattice, freestanding tower designed and primarily used to support antennas, to include dishes, arrays, or similar devices. [Source:
Existing definition]
Antique. Items of furniture or furnishings, utensils, equipment, objects of art, objects having aesthetic value, ornamental objects, curios and like objects of personal value, all of which by reason of age, antiquity, obsolescence, or rarity, are valued items, as proposed to the utility value or purpose for which originally manufactured or produced. An antique shall have an age of at least 40 years. [Source: Existing definition, modified]
Apartment. A room or suite of two or more rooms with a single kitchen in a multi-family dwelling, occupied or suitable for occupancy as a residence for one family. [Source: Existing definition, modified] Applicant. A person submitting an application for an entitlement or permit in compliance with this Title. [Source: Existing definition]
Arterial Street. A major street which provides for through traffic movement on a continuous route joining major traffic generators, other arterials, expressways, and freeways. [Source: Existing definition] Assessor. The county assessor of the county of Fresno. [Source: Existing definition] Assisted Living Facility. See “Community Care Facility”. [Source: NEW] Association. A nonprofit corporation or unincorporated association created for the purpose of managing a common interest development. [Source: NEW]
Athletic Club. Membership facility that provides indoor and outdoor recreation (i.e., outdoor pools, tennis courts), exercise classes and courses, and health and lifestyle training for members who belong to the organization. [Source: NEW]
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6 Attached. Two structures which are structurally integrated with each other by supporting members. [Source: Existing definition]
Auction Establishment. Indoor or outdoor facilities devoted to the sale of property (i.e., merchandise, vehicles, etc.) to bidders under the supervision of an agent or entity. [Source: NEW] Auto Mall. A group of 10 or more commercial land uses engaged in the sale and service of motor vehicles, planned and developed in a joint manner covering an area of 90 acres or more. [Source: Existing definition, modified]
Automated Vending and Dispensing Machine. Computerized, self-service machines, and self-contained appliance, machine, or mechanical device located outside or in a non-enclosed space used to dispense a retail product or service. Examples of automated vending and dispensing machines include but are not limited to canned or bottled beverage dispensers, ice machines, filtered water dispensers, and/or ice machines, occupying an aggregate area of no more than 50 square feet. [Source: NEW] Automobile Repairs, Major. See “Vehicle Repair and Service”. [Source: NEW] Automobile Repairs, Minor. See “Vehicle Repair and Service”. [Source: NEW] Automobile Sales. See “Vehicle Sales, New and Used”. [Source: NEW] Automobile Service Station. See “Fueling Station”. [Source: NEW] Automobile Wrecking Yard. See “Industrial, Major”. [Source: NEW]
17.120.020 “B” Definitions
Bakery, Retail. See “Retail Sales, General”. [Source: NEW] Bank and Financial Institution. Commercial establishment, including a federally chartered bank, savings and loan association, industrial loan company, or credit unions, that provides retail banking services to individuals and businesses. Excludes payday lending and/or check cashing businesses. [Source: NEW] Banquet Hall. See “Place of Assembly”. [Source: NEW]
Bar. A commercial establishment or part of an establishment devoted to the sale and on-site consumption of alcoholic beverages. This establishment may be a singular use, or in combination with other allowable uses (e.g., a restaurant). [Source: Existing definition, modified] Barbed Wire. Wire for fences or barriers having sharp barbs or points of metal twisted into smooth wire at regular intervals. [Source: Existing definition]
Basement. A story partly or wholly underground. A basement shall be counted as a story for purpose of height measurement where more than one-half of its height is above the average level of the adjoining ground. [Source: Existing definition]
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7 Beauty College. See “School, Technical and Vocational”. [Source: NEW] Bed and Breakfast Establishment. A commercial use within a residential dwelling, where six or fewer rooms or suites located in the principal dwelling providing overnight sleeping and breakfast accommodations available to the public for hire on an overnight or limited term basis with a 30-day maximum stay. The use may also include a continental breakfast if limited to guests. [Source: Existing definition, modified] Beekeeping. The keeping and maintenance of a collection of hives or colonies of bees. Also known as “apiary.” [Source: NEW]
Bicycle Rack. A fixed or immovable device or series of devices which permit nonmotorized bicycles to be stood upright and secured from theft. [Source: Existing definition] Bicycle Shop. See “Retail Sales, General”. [Source: NEW] Billboard. See “Advertising Structure”. [Source: Existing definition] Blacksmith. See “Industrial, Minor”. [Source: NEW]
Block. All property fronting on one side of a street between intersecting and intercepting streets, or between a street and a right-of-way, waterway, dead-end street, end of a cul-de-sac, or unsubdivided land.
An intercepting street shall determine only the boundary of the block on the side of a street which it intercepts. Where the city-county boundary intersects or intercepts a street in a block, the block shall be considered to end at the city-county boundary. [Source: Existing definition] Block Frontage. See “Block”. [Source: Existing definition] Boarding House. A dwelling other than a hotel, motel, emergency shelter, group housing facility, rest home, or bed and breakfast inn, where lodging is provided with or without meals for three or more persons for compensation, but not more than 15 people. [Source: Existing definition, modified] Body Art. Body art includes the adornment of a physical body by means of tattooing, body piercing, or permanent cosmetics.
Bookstore. See “Retail Sales, General”. [Source: NEW]
Bookstore, Adult. See Chapter 9.20, Adult Oriented Business, Section 9.20.040. [Source: Existing definition] Botanica. An establishment that sells herbal and other traditional remedies, together with charms, incense, candles, or other items used as alternative medicine, for religious or spiritual purposes. Establishment may also include palm and card readings and other forms of religious or spiritual services to include those described as restricted personal care.
Breezeway. A roofed passageway, open on at least two sides, connecting the main structure on a site with another main structure or accessory use on the same site. [Source: Existing definition] Brewery, Distillery, Microbrewery, and Winery.
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8 Brewery. Establishments where malt beverages are manufactured on the premises. [Source: NEW] Distillery. Establishments where distilled spirits are manufactured on the premises. [Source: NEW] Winery. A bonded establishment primarily used for the purpose of processing grapes or other fruit products. Processing includes, but is not limited to, crushing, fermenting, blending, aging, storage, bottling, and wholesale/retail sales of wine produced and bottled on the premises. Accessory uses include tasting rooms and incidental retail sales of wine related products, including but not limited to glasses, bottle openers, advertisements, and previously prepared packaged foods. [Source: Existing definition] Broadcasting and Film Recording Studio. Commercial and public communication establishment that broadcasts or records radio, motion picture, film, television, and other digital productions entirely within a structure. Does not include transmission and receiving apparatus (i.e., antennas and towers), which are included under the definition of "Wireless Telecommunications Facilities." [Source: NEW] Buildable Area. Area of a parcel left for structures when all the development standards and setback requirements have been met. [Source: Existing definition, modified] Building. Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature, but shall not include temporary buildings as defined in Structure, Temporary. Mobile homes, travel trailers and other vehicles, even though permanently immobilized, shall not be deemed to be buildings. Temporary structures (e.g., tents) are not buildings, but houses, garages, factories, barns, etc., are. [Source: Existing definition, modified]
Building, Accessory. See “Accessory Structure”. [Source: Existing definition] Building, Main. A building or buildings within which is conducted the principal use of the parcel on which it is situated. [Source: Existing definition, modified]
Building, Temporary. See “Structure, Temporary”. [Source: Existing definition] Building Coverage. The relationship between the ground floor area of the building or buildings and the net area of the site. Swimming pools or any portion of a structure which is open on at least one side and is an extension of the exterior open space, shall not constitute a building for the purpose of this definition. [Source: Existing definition]
Building Height. The vertical distance of a building measured from the average elevation of the finished grade within 20 feet of the structure to the highest point of the roof, exclusive of chimneys and ventilators. [Source: Existing definition, modified]
Building Setback Line. A development standard which establishes buildable and non-buildable areas. The building setback line will often be a specific distance from a natural feature (i.e., a creek or stream), property line or a right-of-way line on a parcel map, subdivision map, or follow a contour line on a 461
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9 topographic map. This line is used to separate conflicting uses, provide a buffer, or protect a resource. [Source: Existing definition]
Building Site. The ground area of a building together with all the open space required by this title. A building site may encompass more than one parcel. [Source: Existing definition] Building Material Sales and Storage. Indoor and/or outdoor retail establishment selling hardware, tools, appliances, lumber and other building materials, plants, and other landscaping materials. May also include the rental of tools and equipment used in the building trades. [Source: NEW] Bungalow Court. See “Multi-Unit Dwelling”. [Source: NEW] Business. See “Commerce”. [Source: Existing definition] Business, Retail. See “Retail Sales, General”. [Source” NEW] Business, Wholesale. See “Warehousing and Distribution Facility”. [Source: NEW]
17.120.030 “C” Definitions
California Environmental Quality Act (CEQA). A State law which requires local and agencies to determine the potential environmental impacts of a proposed project. [Source: Existing definition] Camper. A structure designed and constructed to be mounted on a vehicle with motive power to travel on the public thoroughfare, and to be used for temporary human habitation. [Source: Existing definition] Campground. A commercial establishment providing spaces and facilities for the temporary placement of tents, travel trailers, motor homes, and other recreational vehicles for recreational use and overnight lodging. May also include an on-site accessory retail establishment that directly serves the needs of guests. [Source: NEW]
Car Wash. A facility having the following definitions:
Drive-through. A facility that provides for washing of vehicles through a low noise fully automated car wash facility without vacuum cleaners unless located within a completely enclosed noise attenuated room, and where the customer drives the vehicle into the facility and remains in the car during the wash process. A drive-through car wash shall only be allowed in conjunction with and subordinated to a fueling station. It shall not be allowed as a sole or primary use of property in any zone. [Source: Existing definition, modified] Mechanical. A facility that provides for the washing of vehicles through the use of mechanical equipment (e.g., conveyor chains, blowers, steam guns, roller brushes, and high-pressure vacuum units). The customer exits the vehicle and waits for the attendant to complete the washing, cleaning, and driving of the vehicle.
This car wash has a waiting area for the customer and a designated finishing and/or detailing area to complete the car care service. [Source: Existing definition, modified] 462
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11 Self-service. A facility that provides vehicle washing to be done by the customer. There are no employees other than service people who check and maintain the equipment, open, and close the facility, and provide general supervision of the use of the facility. Equipment shall be limited to a water softener, water heater, soap mixing tank, low pressure vacuum units, and a one horsepower electric motor and pump for each stall or similar equipment which shall produce only a low volume of sound. [Source: Existing definition, modified] Card Room. A commercial establishment where legal gambling and/or gaming is conducted. [Source:
Existing definition]
Caretaker’s Residence. A residence that is accessory to a nonresidential primary use and that is used for security, 24-hour care or supervision, or monitoring facilities, equipment, or other conditions on the site. [Source: NEW]
Carport. A permanent roofed structure, or a portion of a building, enclosed on not more than three sides primarily for the parking of vehicles belonging to the occupants of the property. [Source: Existing definition] Cemetery. A facility dedicated to the burial of the dead, including crematoriums, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of the premises. [Source: Existing definition, modified]
Certificate of Occupancy. A document issued by the Building Director allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with all the applicable municipal codes and ordinances. [Source: Existing definition, modified] Change of Use. Any use which substantially differs from the previous use of a building or land. The Director shall determine whether a change is substantial or not. Change of ownership shall not be considered a change of use. [Source: Existing definition, modified]
Chapel. See “Place of Assembly”. [Source: NEW]
Childcare Center. See “Day Care Center”. [Source: NEW]
Childcare Facilities. See “Day Care Center”. [Source: NEW] Childcare Provider. A person who operates a day care center, large family day care home or small family day care home and who is licensed for operations by the State Department of Social Services. [Source:
Existing definition]
Child Day Care Home. A single-unit dwelling used by the occupant to provide day care and supervision for up to 14 children in compliance with Health and Safety Code Section 1597.465. Children under the age of 10 years who reside in the home count as a part of the 14-child maximum. [Source: NEW] Church. See “Place of Assembly”. [Source: NEW]
City. The city of Kerman. [Source: Existing definition] 464
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12 City Manager. The City Manager of the City of Kerman or the designee or designees of the City Manager. [Source: Existing definition]
Clear Vision Triangle. See “Sight Distance Triangle”. [Source: NEW] Clinic. See “Office, Medical”. [Source: NEW]
Clothes Cleaning and Dyeing Plant. See “Industrial, Minor”. [Source: NEW] Club. An association of persons (whether or not incorporated) for a common purpose, but not including groups organized solely or primarily to render service carried on as a business for profit. [Source: Existing definition]
Cocktail Lounge. See “Bar”. [Source: Existing definition] Coin-Operated Cleaning Service. Any premises with coin-operated dry cleaning machines with a capacity not to exceed eight pounds, using nonvolatile materials provide a retail service similar to that provided at a self-service Launderette. [Source: Existing definition, modified] College, Trade. See “School, Technical and Vocational”. [Source: Existing definition, modified] Columbarium. A structure of vaults lined with recesses for cinerary urns. [Source: Existing definition] Commerce. The purchase, sale or other transaction involving the handling or disposition (other than that included in term Industry) of any article, substance or commodity for profit or a livelihood, including in addition, operation of automobile or trailer courts, tourists courts and motels, public garages, office buildings, offices of doctors and other professionals, outdoor advertising signs and structures, public stables, recreational and amusement enterprises conducted for profit, shops for the sale of personal services, places where commodities or services are sold or are offered for sale, either by direct handling of merchandise or by agreements to furnish them, but not including dumps and junkyards. [Source: Existing definition, modified]
Commercial Office. See “Office”. [Source: NEW]
Commercial Recreation and Entertainment Facility.
Commercial Recreation and Entertainment Facility, Indoor. Indoor establishment where entertainment (participant or spectator) is provided for a fee (admission or membership) for the pleasure of the patrons, either independent of or in conjunction with another use. Does not include adult entertainment businesses or bars. Illustrative examples of commercial recreation and entertainment use include: [Source: NEW] Arcade Indoor cinema and amphitheater
Axe throwing or indoor archery Indoor ice/roller skating rink Bowling alley Pool and billiard room
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13 Commercial Recreation and Entertainment Facility, Outdoor. Outdoor establishments where entertainment (participant or spectator) is provided for a fee (admission or membership) for the pleasure of the patrons, either independent of or in conjunction with another use. Does not include adult entertainment businesses or bars. Illustrative examples of commercial recreation and entertainment use include: [Source: NEW] Amusement Park Outdoor ice/roller skating rinks
Golf course and driving range Paint ball course
Miniature golf course Sports stadium and arena
Outdoor cinema and
amphitheater
Tennis/racquetball court
Commission. The Planning Commission of the city of Kerman. [Source: Existing definition] Communication Equipment Buildings. See “Utility Facility and Infrastructure”. [Source: NEW] Community Care Facility. Any facility, place or building which is maintained and operated to provide nonmedical residential care, emergency shelters, adult day care, or home-finding agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, or incompetent persons. "Community care facility" shall include residential facility, residential care facility for the elderly, adult day care facility, home finding agency, and social rehabilitation facility, as defined in Section 1502 of the Health and Safety Code, and includes the following:
A. Adult Residential Facility. Provides twenty-four-hour-a-day nonmedical care and supervision to adults who are mentally disordered or otherwise handicapped except elderly persons, who are in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.
B. Residential Care Facility for the Elderly. A group housing arrangement chosen voluntarily by residents who are at least sixty-two years of age and who are provided varying levels of supportive services of care, as agreed upon at the time of admission, based upon their varying needs.
C. Rehabilitation Facility. Provides twenty-four-hour-a-day nonmedical care and supervision in a group setting to adults and/or emancipated minors recovering from alcohol and/or drug misuse, who are currently or potentially capable of meeting their life support needs independently; but who temporarily need assistance, guidance, and counseling.
D. Foster Family Home. Any residential facility providing twenty-four-hour care for six or fewer foster children which is owned, leased or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed. Such placement may be by a public or private child placement agency or by a court order, or by voluntary placement by a parent, parents or guardian. [Source: NEW]
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14 Adult Day Care Facility. Facility that provides care to persons 18 years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. [Source: NEW] Child Therapeutic Day Services Facility. Facility that provides care, counseling, educational or vocational support, or social rehabilitation services on less than a 24-hour basis to persons under 18 years of age who would otherwise be placed in foster care or who are returning to families from foster care. [Source: NEW] Community Composting. Any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost onsite at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).
Community Treatment Facility. Facility that provides care and mental health treatment services to children in a group setting. Program components shall be subject to program standards developed by the State Department of Mental Health. [Source: NEW]
Foster Home. Facility that provides 24-hour care for foster children which is owned, leased, or rented and is the residence of the foster parent(s), including their family, in whose care the foster children have been placed. [Source: NEW]
Residential Care Facility. Group care facility for 24-hour 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. Includes residential care facilities for the elderly assisted living establishments, and memory care for both short- and long-term care. [Source: NEW]
Social Rehabilitation Facility. Residential facility which provides social rehabilitation services for no longer than 18 months in a group setting to adults recovering from mental illness who temporarily need assistance, guidance, or counseling. [Source: NEW]
Community Plan. A refinement of the General Plan for a component geographic area of the General Plan.
A community plan shall advance the provisions of the General Plan to a more precise level of detail and shall contain goals, policies, maps, and standards that implement the recommendations of the General Plan. A community plan shall contain those plan elements which are essential to the implementation of the General Plan and may contain additional components, including specific plans, which are necessary to the development of the goals, policies, and standards for the community plan area. A community plan shall be adopted, amended, or repealed by resolution of the Council upon the recommendation of the commission. [Source: Existing definition, modified]
Community Sewer System. See “Public Sewer System”. [Source: Existing definition]
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15 Concertina Wire. Any barbed physical barrier or obstacle that is manufactured from steel strip or tape and converted from a helical pattern by attaching alternate adjacent loops at multiple points around the circumference, so that when the coil is extended, instead of a simple helix, a series of diamond shape openings are present. [Source: Existing definition]
Condominium. See “Multi-Unit Dwellings”. [Source: NEW]
Conflict of Interest. A situation when the personal interest of a public official places them in a position where he or she cannot execute their public duties without affecting their private interests, thus denying the public the fair, impartial, and objective judgment to which it is entitled. [Source: Existing definition, modified]
Conservatory. A school specializing in one of the fine arts. [Source: Existing definition] Contiguous. See “Abut”. [Source: Existing definition. modified] Contractor Storage Yard. A facility which provides storage for a contractor licensed by the State for large equipment, vehicles, or other materials commonly used in the individual contractor’s type of business; storage of scrap materials used for repair and maintenance of contractor’s own equipment; and buildings or structures for uses, including but not limited to, offices and repair facilities. Excludes junk yard. [Source:
Existing definition, modified]
Convalescent Home. See “Community Care Facility”. [Source: NEW] Convenience Store. See “Retail Sales, General”. [Source: NEW] Conversion. A change in the use of land, structure, or activity. [Source: Existing definition] Conviction. A finding of guilty by a jury or court, or a plea of guilty or nolo contendere. [Source: Existing definition]
Cottage Food Operation. As defined in California Health and Safety Code Section 113758(a). [Source: NEW] Corner Cut-Off. See “Sight Distance Triangle”. [Source: NEW] Council. The City Council of the city of Kerman. [Source: Existing definition] Country Club. Any occupancy by an association of persons (whether or not incorporated) with a permanently located building primarily for social activities and a combination of recreational facilities (e.g., a golf course, or swimming pool, or tennis court), and commercial or noncommercial incidental or accessory uses. [Source: Existing definition]
County. The county of Fresno. [Source: Existing definition] County Recorder. The county recorder of the county of Fresno. [Source: Existing definition] Court. An open, unoccupied space, other than a yard, on the same parcel with a building or buildings and bounded on two or more sides by buildings. [Source: Existing definition] 468
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16 Court, Enclosed. A court surrounded on all sides by exterior walls of a building and parcel lines on which fences, hedges and walls are allowed. [Source: Existing definition, modified] Court, Inner. A court enclosed on all sides by the exterior walls of a building or buildings. [Source: Existing definition]
Coverage. See “Parcel coverage”. [Source: Existing definition, modified] Cul-De-Sac. See “Parcel, Cul-de-Sac”. [Source: Existing definition, modified] Curb Level. The level of the established curb at the center or the front of the building. Where no curb level has been established, the city engineer shall establish a curb level or its equivalent for the purpose of this title.
17.120.040 “D” Definitions
Day Care Center. Commercial facility that provides nonmedical care and supervision of minor children for periods of less than 24 hours; including the following subtypes, all of which are required to be licensed by the State Department of Social Services: [Source: NEW]
Day Care Center, Accessory Use. A day care facility that is operated in conjunction with a business, school, housing development, or religious facility. Includes infant centers, preschools, and extended child day care facility. [Source: NEW]
Day Care Center, Primary Use. A standalone day care facility not operated as a child day care home or accessory day care center. Includes infant centers, preschools, and extended child day care facility. [Source:
NEW]
Day Care, Large. See “Child Day Care Home”. [Source: NEW] Day Care, Small. See “Child Day Care Home”. [Source: NEW] Day Spa and Salon. See “Personal Service, General” and “Personal Service, Restricted”. [Source: NEW] Dedication. A gift or donation of property by the owner to another party. [Source: Existing definition] Density. The maximum number of dwelling units allowed per a specified area of land. [Source: Existing definition, modified]
Density Bonus. A density increase over the otherwise maximum allowable gross residential density as of the date of application by the applicant to the city, county, or city and county, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density.
Developer. The legal or beneficial owner or owners of a parcel or of any land included in a proposed development including the holder of an option or contract to purchase, or other persons having enforceable proprietary interests in the land. [Source: Existing definition] 469
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17 Development. Any change to unimproved or improved real property including, but not limited to, the placement, construction, reconstruction, conversion, structural alteration or enlargement of any structure; any mining, excavation, landfill or land disturbance. Agriculture is not defined as development within this title. [Source: Existing definition]
Development Plan. (A) a site plan depicting building locations, internal circulation including pedestrian and bicycle pathways, parking, required public dedications and improvements, signs and advertising structures, and all proposed public amenities outside of buildings; (B) elevations of all sides of all proposed buildings including materials and colors to be used on all facades; (C) floor plans for every building stating all proposed uses and their square footages; and (D) a landscape plan depicting species, size at time of planting, and location of all plants and trees. [Source: Existing definition] Development Standard. Those development requirements of each zone or overlays which apply to allowable uses by setting forth minimum requirements or specifications for parcel dimensions, setbacks, and height limits; amount of land covered by buildings and structures; animal densities; parking and signs.
A development standard can only be modified by a variance or zoning ordinance amendment. [Source:
Existing definition, modified]
Director. The director of planning and development services of the city of Kerman. [Source: Existing definition]
District. See “Zone.” [Source: Existing definition, modified] Division. Refers to the operating divisions within the Department e.g. Planning, Building, and Engineering Division.
Dormitory. A building intended or used principally for sleeping accommodations, where the building is related to an educational or public institution, including places of assembly, fraternities, and sororities. [Source: Existing definition]
Drainage Channel. See “Drainageway”. [Source: Existing definition, modified] Drainageway. Any natural or artificial watercourse, trench, ditch, swale, or similar depression into which surface water flows. [Source: Existing definition]
Department Store. See “Retail Sales, General”. [Source: NEW] Detached. Not sharing a common wall or roof. [Source: Existing definition] Drive-Through Sales and Service. Facilities where products and services are purchased by or distributed to patrons without leaving their vehicles. These facilities include, but are not limited to, pharmacies, ATMS, banks, photo stores, and other retail or service commercial uses. [Source: NEW] Driveway. Any vehicular access to an off-street parking or loading facility. [Source: Existing definition] Drug Store. See “Retail Sales, General”. [Source: NEW]
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18 Drug Store, Super. See “Retail Sales, General”. [Source: NEW] Dump. A place used for the disposal, abandonment or discarding by burial, incineration, or by any other means, of any garbage, sewage, trash, refuse, rubble, waste material, offal, or dead animals. Dumps shall not involve any industrial or commercial process. [Source: Existing definition] Duplex. See “Two-Unit Dwelling”. [Source: NEW]
Dwelling. See “Multi-Unit Dwelling” and/or “Single-Unit Dwelling”. [Source: NEW] Dwelling Group. See “Multi-Unit Dwelling” and/or “Single-Unit Dwelling”. [Source: NEW]
17.120.050 “E” Definitions
Easement. A grant of one or more property rights by the property owner to and/or for the use by the public, a corporation, or another person or entity. [Source: Existing definition] Eave. The projecting lower edges of a roof overhanging the wall of a building. [Source: Existing definition] Educational Institution. See “School”. [Source: NEW]
Egress. A point of vehicle exit from a parking area, parcel, garage or driveway. [Source: Existing definition] Electrical Distribution and Transmission Substation. See “Utility Facility and Infrastructure”. [Source: NEW] Electric Vehicle Charging Station or Charging Station. An electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this Chapter and delivers electricity from a source outside an electric vehicle into a plugin electric vehicle. [Source: NEW] Electronic Submittal. The submittal of the application utilizing electronic mail, the internet, or facsimile. [Source: NEW]
Emergency Shelter. Temporary housing, including interim intervention facilities, with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person, where no individual or household may be denied emergency shelter because of an inability to pay as defined and used in Section 508019 of the California Health and Safety Code. [Source: Existing definition] Eminent Domain. The right of a government unit to take private property for public use with appropriate compensation to the owner. [Source: Existing definition] Employee Housing. Housing for six or fewer employees in a single unit dwelling in zones where single unit dwellings are allowed. Employee housing shall not be included within the definition of a boarding house, rooming house, hotel, dormitory, or other similar term that implies the employee housing differs in any way from a dwelling and shall not constitute a change in occupancy for purposes of local building codes. 471
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19 Additionally, employee housing shall not be subject to any fees to which other dwellings of the same type in the same zone are not likewise subject. [Source: Existing definition] Essential Service. The erection, construction, alteration, or maintenance by public utilities or municipal departments or commissions of underground, surface, or overhead electrical, gas, steam, water transmission or distribution systems, collection, communication, supplying, or disposal systems including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith, but not including buildings reasonably necessary for the furnishing of adequate service by public utilities or municipal governments or commissions, or for the public health or safety or general welfare. [Source: Existing definition] Equipment Sales and Rental Facility. Service establishment with or without outdoor storage/rental yards, which offer a wide variety of equipment types, including construction equipment. [Source: NEW] Event Venue. A building used for the hosting of weddings, conferences, galas, and other similar celebratory events. An event venue may include outdoor use of an area including decks or patios. Such use may include an area for catering preparation and storage but may not contain a commercial kitchen for cooking. [Source: NEW]
Expressway. See “Freeway”. [Source: NEW]
17.120.060 “F” Definitions
Fabrication. The manufacturing from standardized parts of a distinct object differing from the individual components. [Source: Existing definition]
Factory. A building in which semi-finished or finished materials are converted to a different form or state or where goods are manufactured, assembled, treated, or processed. [Source: Existing definition] Factory Built Housing. See “Mobile/Manufactured Home”. [Source: NEW] Family. Family. one or more persons occupying a premises and living as a single housekeeping unit as distinguished from a group occupying a hotel, club, fraternity, or sorority house. The family shall be deemed to include necessary servants. [Source: Existing definition] Family Care Home. See “Community Care Facility”. [Source: NEW] Farm Labor Quarters. See “Employee Housing”. [Source: NEW] Farmers Market. A temporary commercial use at which small commodities and food items are sold by persons who typically grow, harvest, or process products offered for sale directly on their farm or agricultural operation. [Source: NEW]
Farmworker Housing. See “Employee Housing”. [Source: NEW] 472
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20 Federal. The government of the United States of America. [Source: Existing definition] Feed Lot. A parcel, or portion of a parcel, used for the enclosing and fattening of livestock for market, and not operated in connection with a bona fide farm. [Source: Existing definition] Feed Yard. See “Feed Lot”. [Source: Existing definition, modified] Fence. See “Wall”. [Source: NEW]
Filling Station. See “Fueling Station”. [Source: NEW]
Firearm. A weapon, especially a pistol or rifle, capable of firing a projectile and using an explosive charge as a propellant. [Source: Existing definition]
Fishery. Any premises upon which breeding, hatching, or fish rearing facilities are situated when the premises are required to have a license by the State Fish and Game Code, including ponds for commercial use. [Source: Existing definition]
Floodplain. The relatively flat area adjoining the channel of a natural stream or river which has been or may be covered by floodwater. [Source: Existing definition] Floodplain, Primary. The area within the designated floodway. [Source: Existing definition] Floodplain, Secondary. The area of the floodplain outside of the primary flood-plain, that on the average is likely to be flooded once every 100 years (i.e., that has a one percent chance of flood occurrence in any one year). [Source: Existing definition]
Floodway, Designated. A stream, channel and portions of the adjacent floodplain as reasonably required to efficiently carry the flood of the stream; and on which properties special regulations are necessary for minimum protection of the public health, safety, and of property and improvements from hazards and damage resulting from floodwaters. [Source: Existing definition] Floor Area, Gross. A development standard defined as the total area of all floors of a building as measured to the surfaces of exterior walls and including corridors, stairways, elevator shafts, attached garages, porches, balconies, basements, and offices. [Source: Existing definition] Floor Area, Net. A development standard defined as the gross floor area excluding vents, shafts, stairs, corridors, attics, equipment rooms, garages, and unenclosed porches and balconies. [Source: Existing definition]
Floor Area Ratio (FAR). The ratio of gross building floor area to total parcel area. Example: two square feet of gross floor area for each three square feet of total parcel area would result in a floor area ratio of 2:3. [Source: Existing definition]
Foot-Candle. A measurement unit used in determining lighting levels. [Source: Existing definition] 473
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21 Food Commissary. An establishment where food is stored, prepared, portioned, and/or packaged, where the food is intended for consumption at another establishment or place. [Source: NEW] Foster Family Home. See “Community Care Facility”. [Source: NEW] Fowl. A bird of any kind, cock, hen of the domestic or domesticated or wild gallinaceous bird (turkey, pheasant, and grouse). [Source: Existing definition]
Freeway. A divided arterial highway for through traffic with full or partial control access and generally with grade separations at intersections. For the purposes of this title, the word freeway shall include expressway. [Source: Existing definition]
Frontage Street. Roads which parallel freeways, expressways, or important highways, providing for access to abutting property or for circulation, and being separated from the highway by a dividing strip. [Source:
Existing definition, modified]
Front wall. The wall of a building or structure nearest the street which the building fronts, but excluding certain architectural features, as cornices, canopies, eaves or embellishments. [Source: Existing definition, modified]
Fueling Station. A commercial facility that sells gasoline, diesel, or alternative fuel for the on-site fueling of individual motor vehicles. May include incidental “minor” maintenance and repair (i.e., battery charging and tire changing and repair) of automobiles and light duty trucks, vans, or similar size motor vehicles. May also include a convenience store operated by the service station owner. [Source: NEW] Funeral Home. See “Mortuary”. [Source: NEW]
Furrier. The retail sales of fur garments and the provision of related services. The use may include the retail sales of related merchandise, including but not limited to garments and accessories comprised of materials other than fur; provided, that the display of the related merchandise shall not exceed twenty-five percent of the sales floor area. Related services provided by furriers are designed to provide support to the customers of the retail sales and may include, but are not limited to, custom alterations, repairs, cleaning and storing of fur garments. [Source: Existing definition, modified]
17.120.070 “G” Definitions
Game Rooms/Amusement Arcades. See “Commercial Recreation and Entertainment Facility, Indoor”. [Source: NEW]
Garage, Private. A detached accessory building or a portion of a main building on the same parcel for the parking or temporary storage of vehicles of the occupants of the premises. [Source: Existing definition] Garage, Public. Any garage other than a private garage. [Source: Existing definition] Garage, Repair. See “Vehicle Repair and Service”. [Source: NEW] 474
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22 Garage, Residential. An accessible and usable covered and completely enclosed space of not less than 10 by 20 feet per vehicle for storage of automobiles. [Source: Existing definition, modified] Garage, Storage. Any premises, used exclusively for the storage of vehicles. [Source: Existing definition] Garage Sale. Any sale, conducted on premises within a residential zone upon which is located a dwelling, by any occupant of the dwelling, of any personal property which is owned and has been used by the occupant. May not last more than three consecutive days and may not exceed a total of six days per calendar year. The term garage sale does not include a sale of one or two items of personal property which is not part of a general sale of items of personal property. [Source: Existing definition, modified] General Plan. An integrated, internally consistent, comprehensive, and long-range set of goals and policies for the general physical development of the city and any land outside the city’s boundaries which bears relation to the city’s planning. The General Plan shall include maps that recommend the general locations and types of land uses that are consistent with the goals and policies of the plan. The General Plan and its recommendations shall address physical, social, economic, environmental, design, and public service delivery system issues that have a bearing on the growth and change of the city. The General Plan shall contain the mandatory elements prescribed by the State Planning and Zoning Law (Title 7, Division 1, commencing with Section 6500, of the California Government Code), which may be combined when appropriate. The General Plan may also include other elements or address any other subject which, in the judgment of the Council, is needed for appropriate physical development of the city. The General Plan shall be adopted or amended by resolution of the Council. [Source: Existing definition] Glare. A harsh dazzling light. [Source: Existing definition] Golf Course. See “Commercial Recreation and Entertainment Facility, Outdoor”. [Source: NEW] Government Agency. Any department, commission, independent agency or instrumentality of the United States, the state of California, the county of Fresno, the City, or any special district, authority, or other governmental agency which may have jurisdiction or provide services to the city of Kerman. [Source:
Existing definition, modified]
Grade. The gradient, the rate of incline or decline expressed as a percent. E.g., a rise of twenty-five feet in a horizontal distance of one hundred feet would be expressed as a grade of twenty-five percent. (See also “Slope”) [Source: Existing definition, modified]
Green Building. The practice of increasing the efficiency with which buildings use resources — energy, water, and materials — while reducing building impacts on human health and the environment during the building’s life cycle, through better siting, design, construction, operation, maintenance, and removal.
Green buildings are designed to reduce the overall impact of the built environment on human health and the natural environment. [Source: Existing definition]
Greenhouse. See “Accessory Use and Structure”. [Source: NEW] 475
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23 Gross Area. The total horizontal area within the parcel lines of a parcel of land before public streets, or other areas to be dedicated or reserved for public use are deducted from the parcel. [Source: Existing definition, modified]
Group Home. A facility which provides 24-hour care and supervision to children, provides services specified in this chapter to a specific client group, and maintains a structured environment, with such services provided at least in part by staff employed by the licensee. The care and supervision provided by a group home shall be nonmedical except as permitted by Welfare and Institutions Code Section 17736(b). Since small family and foster family homes, by definition, care for six or fewer children only, any facility providing 24-hour care for seven or more children must be licensed as a group home. [Source: Existing definition, modified]
Guest. Any transient person who occupies a room for sleeping purposes. [Source: Existing definition] Guest House. A detached living quarters of a permanent type of construction without kitchen or cooking facilities of any kind, intended and used primarily for temporary guests of the occupants of the main building on the parcel on which the guest house is located, and not rented or otherwise used as a separate dwelling. Guest houses shall not have a net floor area greater than 640 square feet. [Source: Existing definition]
Guest Room. A room which is designed to be occupied by one or more guests for sleeping purposes, not including dormitories. [Source: Existing definition]
Group Housing Facility. See “Group Home.” [Source: NEW] Gunsmith. See “Retail Sales, Restricted”. [Source: NEW]
17.120.080 “H” Definitions
High-Rise Buildings. a building or structure which exceeds seventy-five feet in height above the lowest level of Fire Department vehicle access. [Source: Existing definition] Height, Maximum. See “Maximum Height”. [Source: Existing definition, modified] Heliport. Any area of land, water or a structure which is used or intended for use for the landing and taking off of helicopters. [Source: Existing definition]
Home for the Aged. See “Rest Home”. [Source: NEW]
Home Improvement Center. See “Retail Sales, General”. [Source: NEW] Home Occupation. An accessory use of a dwelling unit conducted entirely within the dwelling unit, and carried on by one or more persons, all of whom reside within the dwelling unit. The use is clearly incidental and secondary to the use of the dwelling and does not change the dwelling unit’s character or adversely affect the uses allowed in the residential zone of which it is part. [Source: Existing definition, modified] 476
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24 Homeowners Association (HOA). A community association which is organized in a development, in which individual owners share common interests in open space or facilities. [Source: Existing definition, modified] Hospital. Facility providing medical, physical, psychiatric, or surgical services on a 24-hour basis 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 ancillary services to patients, employees, or visitors (i.e., cafeteria, gift/flower shop, waiting rooms, etc.). [Source: NEW] Hotel/Motel. Facility with guest rooms or suites, provided with or without kitchen facilities, rented to the public for transient lodging for up to one month, excluding hourly lodging. A hotel typically provides access to most guest rooms from an interior walkway, and typically include a variety of services in addition to lodging, including meeting facilities, personal services, meeting/banquet rooms, and restaurants. A motel typically provides access to guest rooms from an exterior walkway and may include accessory guest facilities (e.g., accessory retail uses, indoor athletic facilities, and swimming pools). Does not include group housing facilities, emergency shelters, community care facilities, or rooming or boarding facilities. [Source:
NEW]
Household Pet. Animals, birds, or fowl ordinarily allowed in a dwelling and kept only for the pleasure and enjoyment of the occupants, not being kept or raised for meat, eggs, milk, hides, fur, fiber, or feathers.
Household pets shall not include horses, cows, goats, sheep, nor other equine, bovine, ovine or ruminant animals; predatory wild animals; chickens, roosters, ducks, geese, turkeys, game birds or fowl which normally constitute an agricultural use; nor pigs, except for potbellied pigs. The keeping of household pets or other animals is lawful only in those zones where the use is listed as an allowed use. Not more than four household pets are allowed per dwelling unit. [Source: Existing definition]
17.120.090 “I” Definitions
Incidental. Secondary, accessory and subordinate to another use, structure or activity. [Source: Existing definition]
Industrial. Establishment engaged in the manufacturing of finished parts or products either from raw materials or previously prepared materials, within an enclosed structure. Includes processing, fabrication, assembly, treatment, testing (e.g., laboratories), packaging, storage/warehousing, incidental office space, sales, and distribution of the parts or products. Excludes vehicle/equipment rentals, vehicle repair and service, vehicle sales. [Source: NEW]
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25 Industrial, Major. The manufacturing, processing, storing, and/or testing of goods using large quantities of raw materials, and generally requiring high capitalization and production of large quantities of output.
Major industrial uses often sell products to other businesses rather than consumers. Characteristics of major industrial uses include, but are not limited to, heavy trucking activity, noise, emissions requiring Federal or State environmental permits, use of large quantities of raw materials. Examples of major industrial uses include chemical manufacturing, automotive dismantling, sheet metal fabrication, glass product manufacturing, paving and roofing materials manufacturing, plastics, other synthetics and rubber product manufacturing, primary metals industries, pulp and pulp paper product manufacturing, textile and leather product manufacturing, metal processing, and assembly and manufacturing of vehicle and/or vessels. [Source: NEW]
Industrial, Minor. The manufacturing, processing, storing, and/or testing of consumer-oriented goods in a manner that does not produce noticeable odors, air emissions, noise, or other environmental effects, and that has limited associated trucking activity. Minor industries generally require limited amounts of raw materials to produce goods. Examples of minor industrial uses include artisan/craft product manufacturing, bottling plant, clothing and fabric product manufacturing, electronics, equipment and appliance manufacturing, handcraft industries, small-scale manufacturing, clothes cleaning and dyeing plant, paper product manufacturing, machine shop, cabinet shop, and assembly of small electronics and medical equipment. [Source: NEW]
Industrial Park. See “Planned Industrial Park”. [Source: Existing definition, modified] Industry. The manufacture, fabrication, processing, reduction and/or destruction of any article, substance or commodity, including storage elevators, truck storage yards, warehouses, wholesale storage and other similar types of enterprise.
Infectious Nonclinical Disease Laboratory. An infectious disease laboratory shall mean any building, room, or any part thereof that stores in any quantity, or conducts testing, scientific experiments, research, or teaching, or for the manufacture of infectious diseases that include and is not limited to the following:
Tuberculosis, Polio, Chickenpox, Cholera, Rubella, HIV/AIDS, COVID-19, Anthrax, Meningitis, Influenza, Ebola, Hepatitis A, Hepatitis B, Hepatitis C, Tetanus, Giardiasis, Malaria. Any laboratory facility other than a Clinical Laboratory Improvement Amendments (CLIA) as defined by 42 USC § 263(a) and not subject to 42 CFR 493 CLIA regulations, engaging in the research, examination, or handling of infectious biological agents, substances, or vectors as defined by 42 CFR 71.54.
Infill. Development or redevelopment of land that has been bypassed, remained vacant, and/or is underused as a result of the continuing urban development process. [Source: Existing definition] Infrastructure. Facilities and services needed to sustain industry, residential, commercial activities and all other land use activities, including water, sewer lines, and other utilities, streets and roads, communications, and public facilities (e.g., fire stations, parks, schools). [Source: Existing definition] Ingress. a point of vehicle entrance to a parking area, parcel, garage or driveway. [Source: Existing definition]
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26 Interior Court, Residential. Residential interior court. the open area between residential structures. [Source: Existing definition]
Interior Lot. See “Parcel, Interior”. [Source: Existing definition, modified] Interim Agriculture. The tilling of the soil for the raising of grains, crops, orchards, horticulture and/or viticulture. Interim agriculture shall not include small livestock farming, dairying and/or animal husbandry, nor any other uses customarily incidental thereto such as slaughter houses, fertilizer yards, or rendering plants. [Source: NEW]
Island. built-up structures, usually curbed, placed at the end of parking rows as a guide to traffic and also used for landscaping, signs, or lighting. [Source: Existing definition, modified]
17.120.100 “J” Definitions
Junk. Any worn out, cast-off or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use. Any article or material which is unaltered or unchanged and, without further reconditioning, can be used for its original purpose as readily as when new, shall not be considered junk. [Source: Existing definition] Junkyard. See “Scrap and Dismantling Yard”. [Source: NEW]
17.120.110 “K” Definitions
Kennel. Commercial facility where dogs, cats, or other small, domesticated animals are kept, whether keeping is for profit, breeding, or exhibiting, including places where the animals are boarded, kept for sale or hire. May also include daytime boarding and activity for animals (e.g., “doggie daycare”) and ancillary grooming facility. [Source: NEW]
Kitchen. Any room in a building or dwelling unit which is used for cooking or preparation of food. [Source:
Existing definition]
17.120.120 “L” Definitions
Labor Camp, Farm. See “Employee Housing”. [Source: NEW] Landscape Mound. Any location on a parcel of land where dirt, soil, topsoil, or pile of earth is placed, or otherwise elevated, above grade of surrounding land for any decorative architectural purpose. [Source:
Existing definition, modified]
Landscaping. The planting and continued maintenance of suitable plant materials or a combination of plant materials within minimum areas of paving, gravel, otherwise dust-free. An adequate irrigation system is required. [Source: Existing definition]
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27 Landscaping, Screen. Screen landscaping. the planting and continued maintenance of a compact screen of evergreen shrubbery forming a physical barrier or enclosure not less than six feet in height, composed of materials selected from the city’s list of acceptable screen landscaping plant materials. The minimum size of materials planted shall be specified on the city list. An adequate irrigation system is required. [Source:
Existing definition]
Launderette. A business premises equipped with individual clothes washing and drying machines either coin-operated or attendant operated for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment house or an apartment hotel. [Source: Existing definition] Laundromat. See “Personal Service, General”. [Source: NEW] Loading. The removal or placement of any commodity in, on, or from a vehicle of any type. [Source: Existing definition]
Loading Space. An off-street space or berth on the same parcel with a main building, or contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or unloading, and which has access from a street, alley or other permanent. of ingress and egress. [Source: Existing definition] Lot. See “Parcel”. [Source: NEW]
Lot Area. See “Parcel Area”. [Source: NEW]
Lot Coverage. See “Parcel Coverage”. [Source: NEW]
Lot Depth. See “Parcel Depth”. [Source: NEW]
Lot Line. See “Parcel Line”. [Source: NEW]
Lot Width. See “Parcel Width”. [Source: NEW]
Low Barrier Navigation Center. Housing or shelter in which a resident who is homeless or at risk of homelessness may live temporarily while waiting to move into permanent housing. [Source: NEW] Low Income Housing. Housing that is economically feasible for families whose income level is categorized as low within the standards promulgated by the California Department of Housing and Community Development (HCD). [Source: Existing definition]
17.120.130 “M” Definitions
Manufactured Home Sales and Repair. A commercial establishment that sells mainly manufactured and mobile homes and structures. May include incidental maintenance and limited on-site construction activities directly related to the sale of units. [Source: NEW] Marquee. A roofed structure or awning or canopy attached to the building. [Source: Existing definition] 480
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28 Massage or Body Work. The application of various techniques to the muscular structure and soft tissues of the human body as defined in Business and Professions Code Section 4601(e). Application of massage and bodywork techniques may include, but is not limited to, stroking, kneading, tapping, compression, vibration, rocking, friction, pressure, and similar techniques. Examples of massage include Swedish massage, sports massage, shiatsu, polarity therapy, rolfing, hellerwork and reflexology. "Massage" and "bodywork" have the same meaning.
Maximum Height. A development standard which limits the height of buildings and structures. [Source:
Existing definition]
Maximum Parcel Coverage. The amount of parcel area coverage allowed for buildings and structures. [Source: Existing definition]
Meat Jobber. The wholesaling of meat, conducted wholly within an enclosed building, shall include portion control and the packaging of ground or chopped meat, but shall not include slaughtering, skinning, packing, smoking, or sausage manufacture. [Source: Existing definition] Medical Office. Any building or portion of a building used or intended to be used as an office for the practice of any type of medicine including chiropractic, dentistry, or optometry. It shall also include clinics of a medical or dental nature. [Source: Existing definition] Microbrewery. A small-scale brewery operating with a Type 23 Small Beer Manufacturer’s License as defined by the California Department of Alcohol and Beverage Control which produces 15,000 barrels or less per year on the premises. [Source: NEW]
Microenterprise Home Kitchen. A food facility that is operated by a resident in a private home where food is stored, handled, and prepared for, and may be served to consumers.
Minimum Parcel Size. A development standard which is the smallest area a parcel may be divided into. [Source: Existing definition]
Mining. The removal of minerals, rock, or sand and gravel from the earth by extraction. [Source: Existing definition]
Mini-Warehouse. See “Storage Facility, Personal”. [Source: NEW] Minor Deviation. See “Minor Modification”. [Source: NEW] Minor Modification. A Variance of 10 20 percent or less from zone standards specified in this Title, including parcel area, parcel dimensions, setback distances, parcel coverage, height limitations, parking requirements, or other zone standard requirements. [Source: 17.16.090.B, modified] Mixed Use Development. A parcel, or a series of adjacent parcels, developed as a unit containing more than one land use type. [Source: Existing definition]
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29 Mobile Food Vendor. Licensed motorized or nonmotorized vehicles used for the preparation, sales, and/or distribution of food and beverages to the general public. [Source: New] Mobile Home Park. Improved area that provides spaces and utilities for mobile and manufactured homes to be used for residential purposes. Does not include temporary lodging sites for travel trailers or other recreation vehicles (see “Camping”). [Source: NEW, modified] Mobile Home Space. A plot of land for placement of a single mobile home within a mobile home park. [Source: Existing definition, modified]
Mobile Office Structure. A structure, including trailers, mobile homes and modular trailers, which is fabricated off-site in whole or modules, in conformance with the Uniform Building Code, that is designed to be transported to a site and which can be readily relocated to another site. [Source: Existing definition] Mobile/Manufactured Home. A structure intended for human habitation manufactured or constructed under authority of 42 U.S.C. Sec 5403, Federal Manufactured Home Construction and Safety Standards, or California law (Health and Safety Code Sections 18007 and 18008). The structure is typically manufactured either in whole or in substantial part at an off-site location, transported to and assembled on-site, and placed on a permanent foundation. [Source: NEW]
Moderate Income Housing. Housing that is economically feasible for families whose income level is categorized as moderate within the standards promulgated by the California Department of Housing and Community Development. [Source: Existing definition]
Mortuary. Facility where deceased persons are prepared for burial or cremation, and funeral services are conducted. [Source: NEW]
Motel. See “Hotel/Motel”. [Source: NEW]
Motion Picture Theater. See “Commercial Recreation and Entertainment Facility, Indoor”. [Source: NEW] Motion Picture Theatre, Adult. See Chapter 9.20, Adult Oriented Business, Section 9.20.040. [Source: NEW] Motorized Home. A structure designed as an integral part of a self-propelled vehicle to be used as a temporary dwelling for travel, recreation and vacation uses. [Source: Existing definition] Multi-Family Dwelling. A residential structure containing three or more residential dwelling units, each of which is for the occupancy by one or more persons living as a single housekeeping unit, including triplexes, fourplexes, apartments, and townhouses, but not including trailer courts, mobile home parks or camps, motels, or hotels. [Source: NEW]
17.120.140 “N” Definitions
Net Parcel Area. The gross parcel area minus any ultimate street rights-of-way, areas within fifteen feet of a stream bank, areas within the designated floodway, and all easements, except open space easements, 482
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30 that prohibit the surface use of the parcel in question by persons other than the easement holder. [Source:
Existing definition]
Nonconforming Building or Structure. A structure which was lawfully established and maintained before the adoption of the ordinance codified in this Title, but under this Title does not conform with the development standards, including parcel coverage, height, setback, etc., of the zone in which it is located. [Source: 17.64.020]
Nonconforming Parcel. A parcel, the area dimensions or location of which were lawful before the adoption of the ordinance codified in this title or any amendments hereto, or previously adopted City ordinances, and which does not conform to the present regulations of the zone or overlays in which it is situated. [Source: Existing definition, modified]
Nonconforming Sign. Any sign lawfully existing on the effective date of the ordinance codified in this title or an amendment thereto, which renders a sign nonconforming because it does not conform to all the standards and regulations of the adopted or amended ordinance. [Source: Existing definition] Nonconforming Status, Illegal. A parcel, structure, or use that was not legally established under the provisions of any adopted policy or regulation at the time of establishment or has not remained in substantial compliance with any conditions imposed on the parcel, structure, or use at the time of establishment but does currently not comply with the provisions of this Zoning Code. [Source: NEW] Nonconforming Status, Legal. A parcel, structure, or use that was legally established under the provisions of any adopted policy or regulation at the time of establishment and has remained in substantial compliance with any conditions imposed on the parcel, structure, or use at the time of establishment but does currently not comply with the provisions of this Zoning Code. [Source: NEW] Nonconforming Use. A use which was lawfully established and maintained before the adoption of the ordinance codified in this title, but under this title does not conform with the development standards, including parcel coverage, height, setback, etc., of the zone in which it is located. [Source: 17.64.020] Notice Of Appeal. A document which indicates that an applicant for a permit or zoning amendment, or an affected party, wishes to appeal a decision of a planning officer or body of the City. [Source: Existing definition]
Nursery School. See “Day Care Center”. [Source: NEW]
17.120.150 “O” Definitions
Off Sale Liquor. See “Alcohol Beverage Sales”. [Source: NEW] Off-Street Parking. An approved vehicle parking area, whether covered or uncovered, which is not located on a dedicated street right-of-way. [Source: Existing definition] 483
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31 Office. Facility or business that predominantly offers medical, professional, or business services. [Source:
NEW]
Office, Accessory. Office that is incidental to and a part of another business, manufacturing, or sales activity that is the primary use. [Source: NEW]
Office, Medical. Facility primarily providing outpatient medical, mental health, minor surgical, and other similar personal health services, but which is separate from a hospital, including: medical, dental, and psychiatric offices, outpatient care facilities, acupuncture, and other allied health services. [Source: NEW] Office, Professional. Facility and business that predominantly offers professional and/or business services including architects, attorneys, accountants, advertising, computer support, land use planners, and other similar professional services and uses. [Source: NEW]
On Sale Liquor. See “Bar”. [Source: NEW]
Open Space, Common. Areas in a development reserved for the use of the residents or guests of a development (e.g., tennis courts, swimming pools, playgrounds, community gardens, landscaped areas for common use), or other open areas of the site needed for the protection of the habitat, archaeological, scenic, or other resources. [Source: Existing definition] Open Space, Private. Usable open space intended for use of occupants of one dwelling unit, normally including yards, decks, and balconies. [Source: Existing definition] Open Space, Usable. One or more open areas adjacent to residential uses designed for outdoor living and recreation, and which is located at, below, or above grade. [Source: Existing definition] Open Storage. The storage of supplies, materials, products, motor vehicles or other appurtenances which is open or viewable by the public. Open storage is a form of outdoor storage. [Source: Existing definition] Open To The Public. A term applied to commercial uses which are available for use by persons other than employees. [Source: Existing definition, modified]
Outdoor Advertising. See “Advertising Structure”. [Source: Existing definition, modified] Outdoor Dining. An area located entirely outside the walls of a contiguous structure or enclosed on one or two sides by the walls of the structure, set up with tables, chairs, and other furnishings associated with and in the immediate vicinity of a restaurant, cafe, or other allowed establishment that serves food or drinks for on-site consumption. [Source: NEW]
Outdoor Sales. Either permanent or temporary outdoor display of merchandise incidental and ancillary to an adjacent indoor retail use, and certain independent outdoor retail sales facilities (e.g., auction yards, flea markets, lumber, and other material sales yards). Includes news and flower stands, and barbeque and rotisserie pits. Does not include the sale of motor vehicles, boats, and recreational vehicles ("Vehicle, Boat, and Trailer Sales, New and Used"), or the rental of vehicles ("Vehicle Rental Facility”). [Source: NEW] 484
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32 Outdoor Storage. The storage of supplies, materials, products, motor vehicles or other appurtenances which is outside of an enclosed building, open or viewable by the public. Open storage is a form of outdoor storage. [Source: Existing definition]
Outer Highway. See “Frontage Street”. [Source: NEW]
Owner. An individual, firm, association, syndicate, partnership, or corporation having sufficient proprietary interest to seek development of a given parcel of land. [Source: Existing definition]
17.120.160 “P” Definitions
Parcel. Defined as fulfilling both: (A) Real property with a separate and distinct number of other designations shown on a plat recorded in the office of the county recorder. (B) Real property delineated on an approved record of survey, parcel map or subdivision map, in conformance with applicable state and local subdivision laws in effect at the time of its creation, as filed in the office of the county recorder or in the office of the Division, and abutting at least one public street or right-of-way, or easement determined by the commission to be adequate for the purpose of access. [Source: Existing definition, modified] Parcel, Corner. A parcel abutting upon two or more streets at their intersections. [Source: Existing definition] [Source: Existing definition]
Parcel, Cul-de-Sac. A parcel fronting on, or with more than one-half of its parcel width fronting on, the turnaround of a cul-de-sac street. [Source: Existing definition] Parcel, Curve. A parcel fronting on the outside curve of the right-of-way of a curved street with a centerline radius of one hundred feet or less. [Source: Existing definition] Parcel, Flag. A parcel so shaped and designed that the main building site area is set back from the street on which it fronts and includes an access strip to the frontage street. The access strip of each parcel shall not be considered in calculating the minimum parcel area and dimension requirements of subject parcel. [Source: Existing definition]
Parcel, Interior. A parcel whose front setback abuts a street. [Source: Existing definition] Parcel, Reverse Corner. A corner parcel, the side line of which is substantially a continuation of the front parcel lines of the parcels to its rear, whether across an alley or not. [Source: Existing definition] Parcel, Through. A parcel having frontage on two parallel streets. [Source: Existing definition] Parcel Area. The total area within the parcel lines, excluding any street right-of-way. [Source: Existing definition]
Parcel Coverage. The portion of a parcel that is covered by buildings and structures. [Source: Existing definition; modified]
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33 Parcel Depth. The horizontal distance between the front and rear parcel-lines measured in the mean direction of the side parcel lines. [Source: Existing definition] Parcel Width. A development standard defined as the horizontal distance between the side parcel lines, measured at right angles. [Source: Existing definition] Parcel Line. A line of record bounding a parcel, which divides one parcel from another parcel, from a public or private street, or any other public space. [Source: NEW] Parcel Line, Front. On an interior parcel, the front parcel line is the property line abutting the street except in those cases where the latest tract deed restrictions specify another line as the front line. On a corner or reversed corner parcel, the front parcel line is the shorter property line abutting a street. On a through parcel or parcel with three or more sides abutting a street or a corner or reversed corner parcel with parcel lines of equal length, the Director shall determine which property line shall be the front parcel line, for purposes of compliance with setback provisions of this title. [Source: NEW] Parcel Line, Rear. A parcel line not abutting a street which is opposite and most distant from the front parcel line. In the case of an irregular, triangular or gore shaped parcel, a line within the parcel, parallel to the and at maximum distance from the front parcel line, having a length of not less than 10 feet; a parcel which is bound on all sides by streets may have no rear parcel line. [Source: NEW] Parcel Line, Side. Any parcel line that is not a front parcel line or rear parcel line. [Source: NEW] Parcel Line, Side Front. Any parcel line that is not a front parcel line or a rear parcel line which abuts a street. [Source: NEW]
Parcel Line, Zone Boundaries. Where the zone boundaries are not shown to be streets or alleys and where the property has been or may hereafter be divided into blocks or parcels, the zoning boundaries shall be construed to be parcel lines; and where the indicated boundaries on the Zoning Map are approximate parcel lines, exact parcel lines shall be construed to be the boundaries of identified zones, unless the boundaries are otherwise indicted on the map. Where a zone boundary, as shown on the Zoning Map, divides a parcel in single ownership at the time of passage of the ordinance codified in this title, the use, height and area regulations of the less restrictive portion of the identified parcel shall be construed as extending to the entire parcel; provided the parcel does not extend more than 50 feet beyond the accepted boundary line. [Source: NEW]
Parking Area. An accessible and usable area on the building site located off the street with access for the parking of automobiles. See Off-street parking. [Source: Existing definition] Parking Area, Private. An area, other than a street, restricted from general public use and used for the parking of automotive vehicles capable of moving under their own power. [Source: Existing definition] Parking Area, Public. An area, other than a private parking area or street, used for the parking of vehicles capable of moving under their own power, either free or for remuneration. [Source: Existing definition] 486
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34 Parking Area, Residential. An area, other than a street, located on the subject parcel for the parking of vehicles owned by the residents of the parcel. [Source: Existing definition] Parking, Covered. An accessible and usable parking space within a carport or garage. [Source: Existing definition]
Parking Space.
Parking Space, Automobile. A clearly marked space for the parking of a motor vehicle within a public or private parking area. [Source: Existing definition]
Parking Space, Bicycle. An area, other than a street, alley, pedestrian way, or automotive parking space, reserved and improved for the parking and securing of a bicycle, plus additional area as is necessary to afford adequate access and protection for bicycles. [Source: Existing definition] Parkway. An arterial highway with full or partial control of access, and located within a park or ribbon of park-like development. [Source: Existing definition]
Patio, Covered. See “Structure”. [Source: Existing definition, modified] Pawn Shop. See “Retail Sales, Restricted General”. [Source: NEW] Performance Standard. A minimum requirement or maximum allowable limit on the effects or characteristics of a use and used to define compatibility. [Source: Existing definition] Permit. Written governmental permission issued by an authorized official, empowering the holder to do some act not forbidden by law, but not allowed without explicit authorization. [Source: Existing definition] Permit, Discretionary Projects. Projects that would require one or more of the following entitlements or approvals: Rezone, Tentative Subdivision Map, Conditional Use Permit, Variance, Exception, Development Plan Review, Special Development Permit, or some public works projects that require design review. [Source: Existing definition]
Permit, Nondiscretionary Projects. Projects that are consistent with the applicable zone in planned use and development standards and propose new construction, exterior remodeling or additions (e.g., requires Building Permit only). [Source: Existing definition]
Person. Any individual, firm, co-partnership, joint venture, corporation, company, association, joint association, or body politic, including any trustee, receiver, syndicate, assignee or other similar representative [Source: Existing definition]
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35 Personal Service, General. Commercial establishment that provides personal services. May also include accessory retail sales of products related to the personal services. General personal services include:
[Source: NEW]
Alterations Laundromat (self-service laundry)
Barber and beauty shop Locksmith
Clothing rental shop Nail salon
Dry-cleaning Shoe repair
Hair Salon
Personal Service, Restricted. Commercial establishments that may tend to have a blighting and/or deteriorating effect upon surrounding areas/uses and that may need to be dispersed from other similar uses to minimize adverse impacts. These uses may also include accessory retail sales of products related to the personal services provided. Restricted personal services include: [Source: NEW] Internet cafe
Massage Establishment
Palm and card reader
Tattoo and body piercing
Permanent makeup
Place of Assembly. Facility intended for public or private assembly and meetings, including civic and private auditoriums, banquet halls, community centers, conference, and convention facilities, meeting halls for clubs and other membership organizations, and places of worship. [Source: NEW] Planned Development. A large, integrated residential development located on a single building site, or on two or more building sites. The land and structures on the site shall be planned and developed as a whole in a single development operation or a series of developments in compliance with a master plan. [Source:
Existing definition]
Population Density. The number of residential dwelling units on a site. The maximum permissible density shall be the number of dwelling units on a parcel or per parcel area as specified for the applicable zone, exclusive of any area utilized or required to be utilized or dedicated for public street purposes. [Source:
Existing definition]
Poultry. Domesticated birds reared for egg or meat production. [Source: Existing definition] Power Generation. Any electrical generating facility using thermal, wind, or water energy but not limited to, biomass plants, wind farms, coal-fired plants, or thermal power plants with a generating capacity of less than 50 megawatts. [Source: Existing definition, modified] Premises. A parcel or tract together with the buildings and structures thereon. [Source: Existing definition, modified]
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36 Principal Structure. A structure in which is conducted the principal use of the parcel on which it is situated, except for agricultural uses. In any residential zone, any dwelling shall be deemed to be the principal structure on the parcel on which it is situated. [Source: Existing definition] Principal Use. The primary, predominate, or initial use of any parcel. For guidance, in an agricultural zone, the principal use of the land would be farming or ranching. An accessory use would be the farm house. [Source: Existing definition]
Printing Shop. A commercial establishment that provides duplicating services using photocopy, blueprint, and/or offset printing equipment, including collating of booklets and reports, for individual orders from a business, profession, service, industry, or government organization. Also referred to as “Copy Shop”. [Source: NEW]
Private Utility. Any utility which is not a public utility. [Source: Existing definition] Produce Stand. Temporary commercial establishment, operated for a specific time period, selling unprocessed fruits, vegetables, nuts, and other agricultural products in a raw or natural state, grown or produced on-site, and that is accessory to an on-site or adjacent agricultural operation. [Source: NEW] Professional Office. See “Office”. [Source: NEW]
Property Development Standards. Any definitive measurable characteristic or aspect of a development, specified by this title, including but not limited to setbacks, parking, building height, space between buildings, parcel area and dimensions, defined linear distances for signs, spacing requirements, and size of districts. [Source: Existing definition]
Property line. See “Lot Line”. [Source: Existing definition, modified] Provisions. All regulations and requirements referred to in the text of this title. [Source: Existing definition] Public Art Work.
Public art work for purposes of inclusion in the development process shall be defined as follows:
1. Sculptures: freestanding, wall supported or suspended; kinetic, electronic; in any appropriate material or combination of materials. [Source: Existing definition]
2. Murals or portable paintings: in any appropriate material or variety of materials, with or without collage or the addition of nontraditional materials or means. [Source: Existing definition]
3. Photography, original works of graphic art, limited edition prints, works on/of paper, original paintings. [Source: Existing definition]
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37 4. Earthwork, fiber works, waterworks, neon, glass, mosaics, or any combination or forms of media including sound, literary elements, holographic images, or hybrids of media and new genres. [Source: Existing definition]
5. Furnishings or fixtures, including but not limited to, gates, railings, streetlights or seating, if created by artists as unique elements. [Source: Existing definition]
6. Artistic or aesthetic elements of overall architecture or landscape design if created by a professional artist or a design team that includes a professional visual artist. [Source:
Existing definition]
The following items shall not be eligible for inclusion as public art work:
7. Directional elements (e.g., supergraphics, signs or color coding) except where these elements are integral parts of an overall design created by a professional visual artist. Art objects which are mass produced or of standard manufacture (e.g., playground equipment, fountains or statuary elements) unless incorporated into an art work by a project artist. [Source: Existing definition, modified]
8. Mass-produced reproductions by mechanical or other means, of original works of art. [Source: Existing definition]
9. Decorative, ornamental, architectural or functional elements which are designed by the building architect, as opposed to elements created by an artist commissioned for that purpose. [Source: Existing definition]
Publicly Maintained Road. Any road in the city maintained by public funds. [Source: Existing definition] Public Notice. The announcement of a public hearing in a letter or newspaper of general circulation in the area, indicating the time, place and nature of the public hearing. [Source: Existing definition] Public and Quasi-Public Use.
Library. Public facility that provides the use, but not sale, of literary, musical, artistic, or reference materials. [Source: NEW]
Public Building. Structure used (either owned and rented) by public agencies, including city, county, State, and Federal administration buildings; fire stations, and other fire prevention and firefighting facilities; police and sheriff substations and headquarters, including interim incarceration facilities, and post offices.
Does not include facilities specifically identified under another land use category, including schools. [Source: NEW]
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38 Public Park and Recreation Area. Noncommercial outdoor recreation facility that provides a variety of recreational opportunities including playground equipment, open space areas for active and passive recreation and picnicking, and sport and active recreational facilities. May also include enclosed structures providing for recreational opportunities and community gardens. [Source: NEW] Publicly Maintained Road. Any road in the city maintained by public funds. [Source: Existing definition] Public Notice. The announcement of a public hearing in a letter or newspaper of general circulation in the area, indicating the time, place and nature of the public hearing. [Source: Existing definition] Public Sewer System. Any sewage disposal system of one hundred or more connections operated and maintained by any municipality, special district, public or private corporation, organized and existing under and by virtue of the laws of the State. [Source: Existing definition] Public Utility. Production, storage, transmission, switching and recovery facilities for water, sewerage, energy, communications and other similar utilities owned or operated by a business organization and subject to the jurisdiction of the public utilities commission. [Source: Existing definition] Public Water System. Any water system, other than an individual well, spring, or mutual water system that is operated by a municipality, governmental agency, or a public utility for the furnishing of potable water. [Source: Existing definition]
17.120.170 “Q” Definitions
Quarry. A surface mining operation from which rock, sand, gravel and similar resources are being removed or are intended to be removed. [Source: Existing definition] Quasi-Public. See “Public and Quasi-Public Use”. [Source: NEW]
17.120.180 “R” Definitions
Radio Transmitter. The same as a radio tower, including broadcasting studio facilities and any other equipment necessary in the operation of a radio station. [Source: Existing definition] Ramada. A roofed area open on all sides; arbor or pergola-like structure. [Source: Existing definition] Reasonable Accommodation. Providing individuals with disabilities, or developers of housing for individuals with disabilities, flexibility in the application of land use, zoning and building regulations, policies, practices and procedures or waiving enforcement, if necessary, to ensure equal access to housing for individuals with disabilities in compliance with State and Federal fair housing laws; provided, however, that the requested accommodation does not impose an undue financial or administrative burden on the city and does not require a fundamental alteration in the nature of any city plan, policy, rule, regulation, or code. [Source:
Existing definition]
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39 Recreation, Active. Leisure time activities, usually of a more formal nature and performed with others, often requiring equipment and taking place at a prescribed place, site, or field. [Source: Existing definition] Recreation, Passive. Leisure time activities of a less formal nature (e.g., bicycle riding, hiking, or picnicking) and not requiring a prescribed place, site, or field. [Source: Existing definition] Recreational Facilities, Commercial. See “Commercial Recreation and Entertainment Facility”. [Source:
NEW]
Recreational Vehicle (RV). Any of, but not limited to, the following: motor home, mini-motor home, camper/truck combination, house trailer, camp trailer, boat, boat trailer, all-terrain vehicle or dune buggy. [Source: Existing definition]
Recreational Vehicle Park. Any area or tract of land, where one or more parcels are rented or leased or offered for rent, or leased to owners or users of recreational vehicles or tents and which is occupied for temporary purposes. [Source: Existing definition]
Recyclable Material. Reusable material including but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufactured or reconstitution for the purpose of using the altered form.
Recyclable Material does not include refuse or hazardous materials. Recyclable Material may include used motor oil collected and transported in accordance with California. Health and Safety Code.
Recycling Collection Facility. A center for the acceptance by donation, purchase, or redemption of recyclable materials from the public, which may include the following:
Small Collection Facilities. Occupy an area of 350 square feet or less and may include:
A mobile unit;
Bulk reverse vending machines or grouping of reverse vending machines occupying an aggregate area of more than 50 square feet but no more than 350 square feet; Kiosk-type units which may include permanent structures.
Large Collection Facilities. Occupy an area of more than 350 square feet and may include permanent structures.
Recycling Processing Facility. A building or enclosed space used for the collection and processing of recyclable materials. "Processing" means the preparation of material for efficient shipment or to an end user’s specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing. Processing facilities include the following:
Recycling Processing Facility, Heavy. Any processing facility that occupies an area greater than 4,500 square feet not specifically defined as a light processing facility.
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40 Recycling Processing Facility, Light. A facility that occupies an area of 4,500 square feet gross collection, processing and storage area and has up to an average of two outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding, and sorting of source separated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers.
Scrap and Dismantling Yards. Outdoor establishments primarily engaged in disassembling, breaking up, sorting, and the temporary storage and distribution of recyclable or reusable scrap and waste materials, including motor vehicle wreckers engaged in dismantling vehicles for scrap, and the incidental wholesale or retail sales of parts from those vehicles.
Recycling Unit, Mobile. An automobile, truck, trailer or van, licensed by the Department of Motor Vehicles which is used for the collection of recyclable materials. A mobile recycling unit also. the bins, boxes or containers transported by trucks, vans, or trailers, and used for the collection of recyclable materials. [Source: Existing definition, modified]
Rental Unit. Any property or portion of property leased to a tenant for any period more than one month with a room, bath, and an entrance to a public space or access hallway. [Source: Existing definition] Reservation. A provision in a deed or other real estate conveyance which preserves a right for the existing owner even if other property rights are transferred. [Source: Existing definition] Residence. A building used, designed, or intended to be used as a home or dwelling place for one or more families. [Source: Existing definition]
Restaurant. Retail establishment (i.e., cafes, coffee houses, diners, food services) selling/serving food and beverages prepared for both on-site and off-site, sit-down consumption and service. [Source: NEW] Cafeteria. A restaurant where food primarily is preprepared (not cooked to order) and served to the customer by direct visible selection, for consumption principally (but not necessarily) upon the premises. [Source: Existing definition, modified]
Coffee shop. A restaurant where food, generally cooked to order, is served to the customer seated at a table or counters for consumption principally (but not necessarily exclusively) upon the premises, the establishment being open for all three meals of the day, and sometimes on a twenty-four-hour basis.
Dinner House. A restaurant where meals are generally cooked to order and served to the customers seated at tables or counters for consumption on the premises, and the establishment is open for service of the dinner meal only, although it may also open for service of the midday meal. 493
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41 Restaurant, Drive-Through. Restaurant facility which serves patrons in vehicles from a window adjacent to a drive aisle or lane operated in conjunction with a restaurant or a food and beverage sales business.
Includes, but not limited to, fast-food restaurants, coffee shops, dairy products. [Source: NEW] Restaurant, Fast Food. A restaurant where food not displayed for selection as in a cafeteria, and which food may or may not be cooked to order or be preprepared, is served to the customer at a window or over a counter for consumption elsewhere on the premises or away from the premises as the customer prefers. [Source: Existing definition, modified]
Convenience Food and Beverage Service. The same as a fast-food service establishment except that the preparation of food shall not require a full kitchen or a grease trap.
Rest Home. Premises used for the housing of and caring for the ambulatory, aged, or infirm, which premises require a license from the State or County. [Source: Existing definition] Restriction. A limitation on property which may be created in a property deed, lease, mortgage, through certain zoning or subdivision regulations, or as a condition of approval of an application for development. [Source: Existing definition]
Retail Sales, General. Commercial establishment within a structure, engaged in selling goods or merchandise to the public for profit. Examples of these establishments and types of merchandise include but not limited to: [Source: NEW]
Appliances Kitchen utensils
Art studio and gallery Luggage and leather goods
Artists' supplies Medical supplies and equipment
Bakeries (retail only) Motor vehicle parts and accessories Bicycle sales and rentals Musical instruments
Books Newsstands
Cameras and photographic supplies Office supplies
Carpeting and floor covering Orthopedic supplies
Clothing and accessories Paint and wallpaper
Convenience market Pet supplies and grooming
Drug and discount stores Pharmacies
Electronic equipment Religious goods
Fabrics and sewing supplies Shoe stores
Florists and houseplant stores (indoor sales
only)
Small wares
Gift shops Specialty shops
Handcrafted items Sporting goods and equipment
Hardware Stationery
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42 Hobby materials Toys and games
Jewelry Travel services
Thrift Store / Secondhand retail sales
Retail Sales, Grocery or Supermarket. Commercial establishment offering for sale fresh and prepackaged food products, household items, and similar products, and having a gross floor area of 6,000 square feet or more. Includes ancillary delicatessens, bakeries, optical, financial services (e.g., banks tellers or automated teller machines), and other retail related sales [Source: NEW] Retail Sales, Neighborhood Market. Pedestrian-oriented commercial establishment with a gross floor area of less than 6,000 square feet offering for sale a variety of fresh and prepackaged food and beverages products, ethnic, specialty or imported items, consistent with the needs of the surrounding neighborhood it is intended to serve. [Source: NEW]
Retail Sales, Nursery and Garden Supply. Commercial agricultural establishment engaged in the production of ornamental plants and other nursery products, grown under cover or outdoors. Includes stores selling nursery stock, lawn and garden supplies, and commercial scale greenhouses. The sale of house plants or other nursery products entirely within a building is also included under “Retail Sales, General.” Home greenhouses are included under "Accessory Structure." [Source: NEW] Retail Sales, Secondhand. Commercial establishment principally engaged I the buying, selling, or accepting on consignment, secondhand tangible personal property and other activities as defined in California Business and Professions Code Sections 21626 and 21626.5, and in which at least 50 percent of the gross sales are from the sale of a secondhand property. Includes secondhand clothing and antique stores, but not pawn shops.
Retail Sales, Restricted. Commercial establishment within a structure, engaged in selling goods or merchandise to the general public for profit that are subject to heighten public regulation due to the nature of the product. Examples of these establishments and lines of merchandise include: [Source: NEW] Firearms Sales. Retail establishments selling firearms, ammunition, and related accessories and equipment under Federal laws governed by the Bureau of Alcohol, Tobacco, and Firearms. [Source:
NEW]
Tobacco and Nicotine Sales. Establishments that either: (1) devote more than 15 percent of their total floor space to smoking or tobacco paraphernalia, or (2) devote more than a two foot by four-foot (two feet in depth maximum) section of shelf space for display for sale and sale of smoking and/or tobacco paraphernalia. Smoking and/or paraphernalia include, but are not limited to, the follow:
1. Kits intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of tobacco plant.
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43 2. Kits intended for use or designed for use in manufacturing, compounding, converting, producing, processing, or preparing tobacco.
3. Isomerization devices intended for use or designed for use in increasing the potency of any species of tobacco plant. Testing equipment intended for use or designed for use in identifying, or in analyzing the strength, effectiveness or purity of tobacco.
4. for use or designed for use in weighing or measuring tobacco. Separation gins and sifters intended for use or designed for use in removing twigs, stems, seeds, or other foreign material from, or in otherwise cleaning or refining, tobacco.
5. Blenders, bowls, containers, spoons, and mixing devices intended for use or designed for use in compounding tobacco substances.
6. Envelopes, pouches, capsules, balloons, and other containers intended for use or designed for use in packaging small quantities of tobacco.
7. Containers and other objects intended for use or designed for use in storing or concealing tobacco.
8. Objects intended for use or designed for use in ingesting, inhaling, or otherwise introducing tobacco into the human body, including, but not limited to:
a. Metal, wood, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, or punctured metal bowls.
b. Water pipes.
c. Carburetion tubes and devices.
d. Smoking and carburetion masks.
e. Clips or other devices intended to hold burning materials (e.g., marijuana or a cigarette) that has become too small or too short to be held in the hand. f. Miniature cocaine spoons, and cocaine vials.
g. Chamber pipes, carburetor pipes, electric pipes, air-driven pipes, chillums, bongs, ice pipes or chillers.
Pawn Shop. Commercial establishment engages in retail sales of new or second hand merchandise and offering loans secured by personal property, and as further defined in California Financial Code Section 21000. For secondhand sales which do not involved the offering and acceptance of loans, see ”Retail Sales, Secondhand.” [Source: Existing definition]
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Chapter 17.120 Definitions
44 Retail Sales, Wholesale. A commercial establishment engaged in selling wholesale merchandise to retailers; to industrial, commercial, institutional, agricultural, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to persons or companies. [Source: NEW]
Reverse Vending Machine(s). An automated mechanical device which accepts at least one or more types of recyclable materials including, but not limited to, aluminum cans, electronics, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container’s redemption value as determined by the State. A reverse vending machine may sort and process containers mechanically; provided, that the entire process is enclosed within the machine. In order to accept and temporarily store all three containers types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary. [Source: Existing definition]
Rezoning. See Zone, Change Of. [Source: Existing definition, modified] Right-Of-Way. A strip of land acquired by reservation, dedication, forced dedication, prescription, or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer and other similar uses. [Source: Existing definition] Room. An unsubdivided portion of the interior of a dwelling unit, excluding bathroom, kitchen, closets, hallways and service porches. [Source: Existing definition] Rummage Sale. See “Garage Sale”. [Source: NEW]
Run With the Land. A covenant or restriction to the use of land contained in a deed and binding on the present and all future owners of the property. [Source: Existing definition]
17.120.190 “S” Definitions
Sanitarium. See “Hospital”. [Source: NEW]
Sanitary Landfill. A site for solid waste disposal in which the solid waste is spread in thin layers, compacted to the smallest practical volume, and covered with soil at the end of each working day. [Source: Existing definition]
Satellite Dish Antenna. Any accessory structure capable of receiving, for the sole benefit of the principal use, radio or television signals from a transmitter or transmitter relay located in planetary orbit. [Source: Existing definition]
Scenic Area. An open area, the natural features of which are visually significant or geologically or botanically unique. [Source: Existing definition]
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45 School. Educational institution, including elementary, middle, junior high, and high schools, serving transitional kindergarten through 12th grade students, offering general academic instruction equivalent to the standards prescribed by the State Board of Education, and including denominational and sectarian, boarding schools, charter schools, and military academies. Also includes community colleges, public or private colleges, universities, and professional schools granting associate arts degrees, certificates, undergraduate and graduate degrees, and requiring for admission at least a high school diploma or equivalent general academic training. [Source: NEW]
School, Private. Privately owned and operated elementary, middle, secondary, or high school, or other institution providing academic instruction for students from kindergarten through 12th grade in compliance with the California Education Code. Includes special education and alternative learning schools. [Source: NEW]
School, Private/Public College, and University. A post-secondary institution for higher learning that grants associate or bachelor’s degrees and may also have research facility and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor’s degrees or certificates of completion in business or technical fields. These institutions require at least a high school diploma or equivalent general academic training for admission. Includes community colleges, public or private colleges and universities, and technical schools. [Source: NEW] School, Technical and Vocational. A public or private post-secondary school providing occupational, job training, or recreational activities. Recreational activities include music, dance, or martial arts, or art lessons. [Source: NEW]
Secondhand Store. A commercial establishment which sells used merchandise. [Source: Existing definition] Second Residential Unit. See “Accessory Dwelling Unit”. [Source: NEW] Senior Citizen. Defined under the Unruh Civil Rights Act of California Civil Code Section 51.3(b), as may be amended from time to time and not inconsistent with the Federal Fair Housing Act (42 U.S.C.
Sections 3601 through 3631) as may be amended from time to time. [Source: Existing definition, modified] Senior Citizen Housing. Any residential accommodation other than a mobile home developed, substantially rehabilitated, or substantially renovated for senior citizens. [Source: Existing definition] Service (Gasoline) Station. See “Fueling Station”. [Source: NEW] Service Road. See “Frontage Street”. [Source: NEW]
Setback. Any open space on the same parcel with a building or dwelling group, which open space is unoccupied and unobstructed except for the projections allowed by this title. [Source: Existing definition, modified]
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46 Setback, Front. A space extending the full width of a parcel between a building and the front parcel line and measured perpendicular to the building at the closest point to the front parcel line. [Source: Existing definition]
Setback, Rear. A space extending across the full width of a parcel between the principal building and the rear parcel line and measured perpendicular to the building at the closest point to the rear parcel line. [Source: Existing definition]
Setback, Required. The open space between the parcel line and the buildable area within which no structure shall be located except as provided in this title. [Source: Existing definition] Setback, Side. A space between the sideline of a parcel and the nearest line of the principal building, extending from the front setback to the rear setback. [Source: Existing definition] Setback, Side. A space extending from the front setback, or from the front parcel line where no front setback is required by this title, to the rear setback, or rear parcel line, between a side parcel line and the side setback line. [Source: Existing definition]
Shopping Center. See “Retail Sales, General”. [Source: NEW] Shopping Center, Regional. See “Retail Sales, General”. [Source: NEW] Short-term Transient. See “Transient, Short-Term”. [Source: NEW] Shrub Border. A thick, continuous, strip-planting of shrubs along a boundary or division lines which create an enclosure, barrier, or screen. [Source: Existing definition] Sidewalk Café. See “Restaurant”. [Source: NEW]
Sight Distance Triangle. The area created by drawing an imaginary line between points 30 feet back from where the curb lines of the intersection quadrant meet. Provides area for and maintenance of adequate and safe visibility for vehicular and pedestrian traffic at all intersections of streets, alleys, or private driveways. [Source: NEW]
Sign. See Chapter 17.30 (Sign Regulations).
Significant Buildings. A building which has special historic, cultural, or aesthetic interest, and by virtue of that may have significant value to the community. A significant building shall be characterized by one or more of the following: (A) a building at least 50 years old; or (B) a building listed on the National Register of Historic Places or California Register of Historic Places; or (C) a building determined by the Council to be notably associated with one or more historic persons or events, or with the broad architectural, cultural, political, economic or social history of Kerman. [Source: Existing definition, modified] Single-Family Dwelling. See “Single-Unit Dwelling”. [Source: NEW] 499
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47 Single Room Occupancy (SRO). Any residential structure containing more than five units intended or designed to be used, rented, or hired out to be occupied for sleeping purposes, generally for one person per unit. Individual units typically share communal features, (e.g., kitchen, bathroom, or entertainment area). [New]
Single-Unit Dwelling. Residential structure containing one dwelling unit located on a single parcel of land for occupancy by one single household, including manufactured housing and mobile homes, when placed on a permanent foundation system. [Source: NEW]
Site. Any parcel of land or combination of contiguous parcels of land. [Source: Existing definition, modified] Site Distance Area. The provision for and maintenance of adequate and safe visibility for vehicular and pedestrian traffic at all intersections of, streets, alleys, or private driveways. [Source: Existing definition] Site Plan. A plan, prepared to scale, showing proposed uses and structures for a parcel of land, including details necessary to illustrate the final proposed use and development. [Source: Existing definition] Site Plan Review. A permit process that establishes criteria for the layout, scale, appearance, safety, and environmental impacts of a proposed development to ensure conformance to city standards and criteria. [Source: Existing definition]
Smart Growth. An approach to land use planning and growth management that recognizes connections between development and quality of life. Smart growth stresses guidelines and incentives for growth instead of regulations, to encourage development that is sensitive to quality of life factors. [Source: Existing definition]
Smoke Shop. See “Tobacco and Nicotine Sales”.
Solar Energy Generation Facility. Commercial energy generation facility that generates electricity from the via photovoltaic arrays, solar thermal systems, or concentrated solar power facilities. [Source: NEW] Major Energy Generation Facility, Major. A facility that is 2,001 sq. ft. or larger in size.
Solar Energy Generation Facility, Minor. A facility that is 2,000 sq. ft. or less in size.
Solid Waste Disposal Facility. Any location or facility or dump used for the disposal of solid, semi-solid and liquid wastes including, but not limited to, garbage, trash, refuse, paper, rubbish, ashes, industrial waste, demolition and construction wastes, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid wastes and other discarded and semisolid wastes and including solid waste processing facilities as a secondary activity in conjunction with a disposal operation. [Source: Existing definition]
Solid Waste Transfer Station. A facility for receiving and temporarily holding solid wastes for transfer to a solid waste disposal facility or waste-to-energy plant. A solid waste transfer station may include scales, 500
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48 compactors, wash racks, facilities for the transfer of solid from small to larger containers or vehicles for transport, and facilities for incidental separation of recoverable resources. [Source: Existing definition] Spa. A facility which provides an integrated combination of fitness, beauty, rejuvenation, and relaxation programs. A primary use spa is one where the minimum facilities provided shall be beauty salon, and steam room and/or sauna, showers and therapy pool, and sequestered rooms for massage and body treatments. An accessory spa use is one where the focus is relaxation and therapeutic programs rather than fitness and beauty. If a facility is an accessory use spa, the provisions for minimum facilities are not required. [Source: Existing definition]
Spandrel. The area located between the top window or architectural feature of a floor or story and the window or architectural feature on the next higher floor in buildings of more than one story. [Source:
Existing definition]
Specialty Marketplace Shop. The use, rental or lease of stalls or areas inside of an enclosed building by vendors offering new goods or materials, or antiques, for sale. Where allowed, the goods or materials offered for sale shall be those ordinarily offered for sale by the allowed use in the zone in which the specialty marketplace shop is located. [Source: Existing definition, modified] Specific Adverse Impact. A significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. [Source: Ord. 17-04 §1(part), 2017] Sprawl. A low-density land use pattern that is automobile dependent, energy and land consumptive, and requires a very high ratio of road surface to development served. [Source: Existing definition] Stable, Commercial. A stable for horses, mules or ponies which are let, hired, used or boarded on a commercial basis and for compensation. [Source: Existing definition] Stable, Private. A detached accessory building for the keeping of horses, mules or ponies owned by the occupants of the premises and not kept for remuneration, hire or sale. [Source: Existing definition] State. The state of California. [Source: NEW]
Storage Facility, Personal. Facility with structures generally containing small individual compartmentalized areas or lockers rented as individual storage spaces or outdoor storage for recreational vehicles and boats.
Also referred to as “mini storage” or “self-storage”. [Source: NEW] Storage Facility, Restricted. Facility used for storage and distribution of generally dangerous and hazardous materials, including, but not limited to, chemicals, gasoline, propane, explosives, and fireworks. [Source:
NEW]
Story. The portion of a building including between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and ceiling next above it. [Source:
Existing definition]
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49 Street. A public thoroughfare or right-of-way dedicated, deeded, or condemned for use as access, or approved private thoroughfare or right-of-way, other than an alley, which affords the principal method of access to abutting property including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfares, except as excluded in this title. The word street shall include all major and secondary thoroughfares, collector streets, and local streets. [Source: Existing definition, modified] Street Centerline. The centerline of a street right-of-way as established by official survey. [Source: Existing definition]
Street, Local. Any designated street serving as the principal route to access property, which is not shown as a freeway, major or secondary thoroughfare or collector on the General Plan for the city. [Source:
Existing definition, modified]
Street, Private. A right-of-way or easement used for vehicular, equestrian and/or pedestrian traffic that is privately owned and maintained. [Source: Existing definition] Street, Public. See “Publicly Maintained Road”. [Source: Existing definition, modified] Street, Side. The street bounding a corner or reversed corner parcel and which extends in the same general direction as the line determining the depth of the parcel. [Source: Existing definition, modified] Structural Alteration. Any change in or alteration to the structure of a building involving a bearing wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, foundations, piles, retaining walls, or similar components. [Source: Existing definition] Structural Wall. Any bearing wall of a building. [Source: Existing definition] Structure. Anything constructed or erected, the use of which requires location on the ground or the attachment to something having location on the ground including awnings, gas storage containers and patio covers, but excluding walls and fences six feet in height or less, and outdoor areas (e.g., uncovered paved areas, patios, walks, tennis courts, and swimming pools). [Source: Existing definition] Structure, Advertising. See “Advertising Structure”. [Source: NEW] Structure, Temporary. A structure which is readily movable and used or intended to be used for a period not to exceed 90 consecutive days. The structure shall be subject to all applicable property development standards for the zone in which it is located. [Source: Existing definition, modified] Subdivision Sales Office. A temporary office use located within a subdivision used to facilitate the sale and showing of dwellings and/or parcels. [Source: NEW]
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50 Supportive/Transitional Housing. Housing with no limit on length of stay, that is occupied by persons with disabilities or those experiencing homeless, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live, and when possible, work in the community. Supportive housing units are residential uses allowed in any zone allowing residential uses, subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone. [Source: Existing definition, modified] Sustainable Development. Development that maintains or enhances economic opportunity and community well-being while protecting and restoring the natural environment upon which people and economies depend. Sustainable development meets the needs of the present without compromising the ability of future generations to meet their own needs. [Source: Existing definition] Swap Meet. The use, rental or lease of stalls or areas outside of an enclosed building by vendors offering goods or materials for sale or exchange, not including public fairs, art exhibits or farmer’s markets. [Source:
Existing definition]
Swimming Pool. Any permanent structure containing a body of water, having a depth of at least eighteen inches, intended for recreational uses, and shall include wading pools. [Source: Existing definition] Swimming Pool, Private. Includes all pools which are used or intended to be used in connection with a single-family residence, and available only to the family or householder and their private guests. [Source:
Existing definition]
Swimming Pool, Public or Semi-Public. Any pool other than a private swimming pool. [Source: Existing definition]
17.120.200 “T” Definitions
Target Populations. 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 in compliance with 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. [Source: Existing definition]
Tasting Room. A commercial establishment that is operated in conjunction with a separate alcoholic beverage production facility licensed under a Type 02 license issued by the California Department of Alcoholic Beverage Control, which facilitates the sampling and sale of alcoholic beverages and is located on a different parcel of land than the production facility. [Source: NEW] 503
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51 Temporary Dwelling. A travel trailer or motor home which serves as a dwelling unit for the owner/builder for one year while building the principal dwelling unit. [Source: Existing definition, modified] Temporary Job Site Office. A temporary job site office which serves as commercial office for one year while the principal structure is being built. [Source: Existing definition, modified] Temporary Tract Office. See “Subdivision Sales Office”. [Source: NEW] Temporary Use. Use established for a specified period of time, typically less than one to seven days for outdoor special events, and three months to one year for other uses/activities, with the intent to discontinue the use at the end of the designated time period. [Source: NEW] Tenant. An occupant of land or premises who occupies, uses, and enjoys real property for a fixed time, usually through a lease arrangement with the property owner and with the owner’s consent. [Source:
Existing definition]
Term, Long. A time frame without the intent to be permanent, may occur for an unknown measurable period of time, and may not have a set end date.
Term, Short. A time frame without the intent to be permanent, occurring for a portion of measurable period of time e.g. day, week, month, year, and with a set end date.
Thrift Store hop. See “Retail Sales, General” A commercial establishment typically operated by and in benefit of a non-profit or charitable organization, engaged in the sale of used articles such as clothes, furniture, kitchen utensils and other used home goods, primarily sourced from donations. [Source: NEW] Tobacco Store. See “Retail Sales, Restricted”. [Source: NEW] Townhouse. See “Multi-Family Dwelling”. [Source: NEW]
Traffic Calming. A concept fundamentally concerned with reducing the adverse impact of motor vehicles on built-up areas. Usually involves reducing vehicle speeds, providing more space for pedestrians and cyclists, and improving the local environment. [Source: Existing definition] Trailer. A vehicle without motive power, designed and constructed to travel on the public thoroughfares in compliance with the provisions of the State Vehicle Code, and to be used for human habitation or for carrying property, including a trailer coach. [Source: Existing definition] Trailer Coach. A recreational vehicle designed or used for human habitation, including travel trailers, motor homes, house cars and campers, with a maximum gross occupied ground area of less than 320 square feet. [Source: Existing definition, modified]
Trailer Court. See “Trailer Park”.
Trailer Park. Land or premises used or intended to be used for one or more trailer coaches on the basis of lease, rental or other consideration. [Source: Existing definition, modified] 504
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52 Transient. A person who is receiving accommodations for a price, with our without meals, for a period of not more than one hundred eighty continuous days in any one year. [Source: Existing definition, modified] Transient, Short-Term. A person who is receiving accommodations for a price, with or without meals, for a period of not more than twenty-nine continuous days in any one year. [Source: Existing definition] Transit Stations and Terminal. Facility where buses, trains, and other rail mass transit options regularly stop to load and unload passengers and goods. [Source: NEW]
Transportation Corridor. A combination of discrete, adjacent surface transportation networks (e.g., freeway, arterial roads, rail networks) that link the same major origins and destinations. [Source: Existing definition] Transportation Plan. A document that provides the rationale, goals, objectives, strategies, and standards for the implementation of transportation improvements. [Source: Existing definition] Travel Trailer. A recreational vehicle without motor power designed for human habitation for residential, recreational, industrial, professional, or commercial purposes, but shall not include camper, truck camper, or mobile home. [Source: Existing definition]
Truck And Trailer Sales Lot. An open area where trucks or trailers are sold, leased or rented, and where no repairs, painting or remodeling is done. [Source: Existing definition] Truck Service Station. An establishment which provides services specifically for trucks, with incidental operations. [Source: Existing definition, modified]
Truck Stop. A place of business primarily engaged in providing service station facilities for cargo vehicles or trailer trucks. Truck stops may include accessory food services. [Source: Existing definition] Truck Storage and Parking Yard. An area used as a staging and point of operation for trucking operations and their accessory equipment. Truck means a vehicle or combination of vehicles with a gross vehicle weight rating of ten thousand pounds or more, but shall not include recreational vehicles. [Source: NEW] Two-Unit Dwelling. A single detached dwelling designed for and occupied by two families alone and having but two kitchens. [Source: Existing definition]
17.120.210 “U” Definitions
Unique natural feature. A part of the natural environment which is rare or not duplicated in the community or region. [Source: Existing definition, modified]
Use. the purpose or activity for which land or buildings are designed, arranged, or intended or for which it is occupied or maintained. [Source: Existing definition] Use, Accessory. See “Accessory Use”. [Source: Existing definition, modified] 505
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53 Use, Conditional. Conditional use is a use which is listed as a conditional use in any given zone in this title. Conditional uses may be required to meet certain requirements as a condition precedent to the granting of a Use Permit which will allow the establishing of a conditional use in any given zone. [Source:
Existing definition]
Use Permit, Conditional or Temporary. Conditional or Temporary Use Permit. a discretionary permit authorizing a particular use often for a specified period of time and often including conditions of approval which run with the land, regardless of ownership. [Source: Existing definition] Use Area. A measured area occupied by principal and accessory buildings, structures, and appurtenant uses. For guidance, the use area of an agricultural processing facility would include measurements of the gross floor area of all buildings and structures plus the area, in square feet, occupied by all outdoor storage areas, all parking areas, and any other area of ground affected by the processing of agricultural products. [Source: Existing definition]
Uses, Permitted. A use which is listed as a permitted use in any given zone in this title. Permitted uses need not meet special requirements as a condition precedent to be allowed in a given zone subject to the restrictions applicable to that zone. Also known as an allowable or allowed use. [Source: Existing definition, modified]
Utility Facility and Infrastructure. Facility supporting electric and telecommunication services. [Source:
NEW]
17.120.220 “V” Definitions
Variance. Permission to depart from the literal requirements of this title. [Source: Existing definition] Vehicle, Boat, and Trailer Sales, New and Used. A commercial establishment that sells automobiles, boats, motorcycles, recreational vehicles, trailers, trucks, and similar vehicles and equipment, including display, and storage. May include incidental minor maintenance (e.g., oil changes, fluid flushes). All incidental minor maintenance activities shall be conducted within a fully enclosed structure. Vehicle repairs, including, but not limited to engine repairs, transmission services, brake replacement, wheel and tire alignment, and electrical installation, are not allowed (see “Vehicle Repair and Service”). [Source: NEW] Vehicle Rental Facility, General. Commercial establishment that rents automobiles, construction equipment, motorcycles, recreational vehicles, trucks, trailers, and similar vehicles and equipment, including on-site storage and incidental maintenance that does not require pneumatic lifts, and only when conducted within a fully enclosed structure. [Source: NEW] 506
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54 Vehicle Rental Facility, Limited. Commercial establishment that rents small vehicles, including, bicycles, mopeds, scooters, and Segway’s), and similar sized vehicles with electric power, engines less than 100cc, or are human powered. May also include the maintenance, minor repair, and on-site storage of the equipment offered for rent, and only when conducted within fully enclosed structure. [Source: NEW] Vehicle Rental Facility, Office Only. Commercial establishment that rents automobiles, motorcycles, recreational vehicles, trucks, and other types of transportation vehicles that are not stored on-site. [Source:
NEW]
Vehicle Repair and Service. The repair, servicing, alteration, restoration, towing, painting, cleaning, or finishing of automobiles, trucks, recreational vehicles, water vessels, golf carts, and other motor vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This includes the following categories: [Source: NEW]
Vehicle Repair and Service, Major. Major repair of automobiles, motorcycles, recreational vehicles, or trucks including light duty trucks (i.e., gross vehicle weight of less than 10,000 pounds) and heavy-duty trucks (i.e., gross vehicle weights more than 10,000 pounds). Examples of uses include full-service motor vehicle repair garages; body and fender shops; brake shops; machine shops; paint shops; and transmission shops. [Source: NEW]
Vehicle Repair and Service, Minor. Minor repair of automobiles, motorcycles, recreational vehicles, or light duty trucks, vans, or similar size motor vehicles (i.e., vehicles that have gross vehicle weights less than 10,000 pounds) including detailing services; installation of electronic equipment (e.g., alarms, stereos, etc.); servicing of cooling, electrical, fuel and exhaust systems; brake adjustments; relining and repairs; oil and lube shops; smog shops, tire and battery sales and installation (not including recapping); and wheel alignment and balancing. Does not include any type of car washing service. [Source: NEW] Vehicle Salvage and Dismantling Facility. See “Scrap and Dismantling Yard”. [Source: NEW] Vehicle Repair and Service. The repair, servicing, alteration, restoration, towing, painting, cleaning, or finishing of automobiles, trucks, recreational vehicles, water vessels, golf carts, and other motor vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This includes the following categories:
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55 Vehicle Sales, New and Used. A commercial establishment that sells new or used automobiles, motorcycles, recreational vehicles, trucks, boats, and similar vehicles and equipment, including display, and storage.
May include incidental minor maintenance (e.g., oil changes, fluid flushes), and accessory retail sales. All incidental minor maintenance activities and accessory retail sales shall be conducted within a fully enclosed structure. Vehicle repairs, including, but not limited to engine repairs, transmission services, brake replacement, wheel and tire alignment, and electrical installation, are not permitted (see “Vehicle Repair and Service”). Does not include: the sale of auto parts/accessories separate from a vehicle sales establishment (see “Retail Sales, General”), or commercial establishments dealing exclusively in used parts (see “Vehicle Salvage and Dismantling Facility”). [Source: NEW] Veterinary Clinic, Large. A commercial establishment providing medical care and treatment of large domestic animals including horses, cattle, goats, sheep, and similar animals with all medical operations being conducted wholly within a building, except for holding pens or corrals used to house animals while they are under care of the veterinarian. [Source: Existing definition, modified] Veterinary Clinic, Small. A commercial establishment providing medical care or surgical treatment to domestic animals or household pets. Use as a kennel shall be limited to short time boarding incidental to medical care. For standalone long-term boarding facilities, see “Kennel”. [Source: NEW] Video Game Arcade. See “Commercial Recreation and Entertainment Facility, Indoor”. [Source: NEW]
17.120.230 “W” Definitions
Wall. Any structure or device, not including landscape features, forming a physical barrier. This shall include concrete, concrete block, wood, metal, or other materials that are so assembled as to form a barrier. Where a solid wall is specified, one hundred percent of the vertical service shall be closed, except for approved gates or other access ways. Where a masonry wall is specified, the wall shall be concrete block, brick, stone or other masonry material and one hundred percent of the vertical surface shall be closed, except for approved gates or other access ways. [Source: Existing definition, modified] Warehousing and Distribution. Facility for the storage of furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include warehouse, storage or personal storage facilities offered for rent or lease to the public (see "Storage Facility, Personal"). [Source: NEW] Watercourse. Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows in a definite direction or course, either continuously or intermittently, and has a definite channel, bed and banks, and includes any area adjacent thereto subject to inundation by reason of overflow or floodwater. [Source: Existing definition] Wholesale. The selling of any type of good for purpose of resale, including incidental storage and distribution. [Source: Existing definition]
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56 Wireless Telecommunication Facility. Facility that includes equipment which supports the transmission and/or receipt of electromagnetic/radio signals. Telecommunication facilities include cellular radiotelephone service facilities, personal communications service facilities (including wireless internet), specialized mobile radio service facilities, and commercial paging service facilities. Components of these types of facilities can consist of the following: antennas, repeaters, microwave dishes, horns, and other types of equipment for the transmission or receipt of the signals, telecommunication towers or similar structures supporting the equipment, equipment structures, parking area, and other necessary development. [Source: NEW]
17.120.240 “X” Definitions
No terms defined.
17.120.250 “Y” Definitions
Yard Sale. See “Garage Sale.” [Source: NEW]
17.120.260 “Z” Definitions
Zero Lot Line. The location of a structure on a parcel where one or more of the structure’ssides rest directly on a parcel line. [Source: Existing definition]
Zone. A specifically delineated area or zone in a municipality within which regulations and requirements uniformly govern the use, placement, spacing and size of land and buildings. [Source: Existing definition] Zone, Change of. The legislative act of removing one or more parcels of land from one zone and placing them in another zone on the official zone map of the city. [Source: Existing definition] Zone Map. See “Zoning Map”. [Source: NEW]
Zoning Map. The Official Zoning Map of the city of Kerman, which is a part of the ordinance codified in this title. [Source: Existing definition]
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TITLE 17 -
ZONING
CODE
City of Kerman
Community Development Department
850 South Madera Avenue
Kerman, CA 93630
FINAL DRAFT
March 2024
CITY OF KERMAN
ORDINANCE NO. 24-___
EXHIBIT 'A-1'
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PREPARED BY:
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City of Kerman
Title 17 – Zoning Code
Master Table of Contents
FINAL DRAFT
March 2024
ARTICLE 1 ENACTMENT AND APPLICABILITY
CHAPTER 17.02 – PURPOSE AND APPLICABILITY OF THE ZONING CODE
17.02.010 Title [Source: NEW]
17.02.020 Purpose and Authority [Source: 17.02.020, NEW]
17.02.030 Applicability [Source: 17.02.040]
17.02.040 Relationship to Prior Code [Source: NEW]
17.02.050 Relationship to General Plan [Source: NEW]
17.02.060 Severability, Partial Invalidation of Zoning Code [Source: NEW] CHAPTER 17.04 – INTERPRETATION OF THE ZONING CODE
17.04.010 Purpose [Source: NEW]
17.04.020 Rules of Interpretation [Source: 17.06.010, 020, 060]
17.04.030 Uses Not Classified [Source: 17.06.050, 060]
17.04.040 Conflicting Uses and Requirements [Source: NEW]
17.04.050 Headings and Illustrations [Source: NEW]
CHAPTER 17.06 – ZONES AND ZONING MAP
17.06.010 Purpose and Intent [Source: 17.30.010, NEW]
17.06.020 Establishment of Zones [Source: 17.30.030, NEW]
17.06.030 Zoning Map [Source: NEW]
17.06.040 Determination of Boundaries [Source: 17.30.050]
17.06.050 Uncertainty of Boundaries [Source: 17.06.030] 543
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2 ARTICLE 2 ZONES, ALLOWABLE USES, AND DEVELOPMENT
STANDARDS
CHAPTER 17.10 – RESIDENTIAL ZONES
17.10.010 Purpose and Intent of Residential Zones [Source: 17.36.010, 40.010, 42.010]
17.10.020 Residential Zones and Land Use Regulations [Source: 17.36.020-030, 40.020-030, 42.020-030]
17.10.030 Residential Zones Development Standards [Source: 17.36.040, 40.040, 42.040]
17.10.040 Accessory Structures
17.10.050 Signs
17.10.060 Fences, Walls, and Hedges
17.10.070 Parking
17.10.080 Recreation and Open Space
17.10.090 Site Plan Review
17.10.100 Architectural Standards: R-1, R-1-7, and R-1-12 Zones CHAPTER 17.12 – COMMERCIAL, OFFICE, AND MIXED-USE ZONES [SOURCE: 17.44, 17.45,
17.46, 17.48, 17.50]
17.12.010 Purpose and Intent of Commercial, Office, and Mixed-Use Zones
17.12.020 Commercial, Office, and Mixed-Use Zones Land Use Regulations
17.12.030 Commercial, Office, and Mixed-Use Zones Development Standards
17.12.040 Accessory Structures
17.12.050 Signs
17.12.060 Fences, Walls, and Hedges
17.12.070 Parking
17.12.080 Site Plan Review
CHAPTER 17.14 – INDUSTRIAL ZONES [SOURCE: 17.52, 17.54]
17.14.010 Purpose and Intent of Industrial Zones
17.14.020 Industrial Zones Land Use Regulations
17.14.030 Industrial Zones Development Standards
17.14.040 Accessory Structures
17.14.050 Signs
17.14.060 Fences, Walls, and Hedges
17.14.070 Parking
17.14.080 Site Plan Review
CHAPTER 17.16 – PUBLIC AND QUASI-PUBLIC ZONES [SOURCE: 17.32, 17.34]
17.16.010 Purpose and Intent of Public and Quasi-Public Zones
17.16.020 Public and Quasi-Public Zones Land Use Regulations
17.16.030 Public and Quasi-Public Zones Development Standard
17.16.040 Signs
17.16.050 Fences, Walls, and Hedges
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17.16.060 Parking
CHAPTER 17.18 – COMBINING ZONES
17.18.010 Purpose and Intent of Combining Zones [Source: 17.60.010, 56.010]
17.18.020 Planned Development Combining Zone (-PD) [Source: 17.56]
17.18.030 Smart Development Combining Zone (-SD) [Source: 17.58]
17.18.040 Industrial Corridor Combining Zone (-IBA) [Source: 17.60] ARTICLE 3 REGULATIONS APPLICABLE TO ALL ZONES
CHAPTER 17.20 – GENERAL SITE PLANNING AND DEVELOPMENT STANDARDS
17.20.010 Purpose [Source: 17.78.010]
17.20.020 Street Improvements [Source: 17.78.020]
17.20.030 Clear Vision Triangle [Source: See definition for “clear vision standards”]
17.20.040 Solid Waste and Recycling Enclosures [Source: 17.78.040]
17.20.050 Undergrounding of Utilities [Source: 17.78.050] CHAPTER 17.22 – ACCESSORY STRUCTURES
17.22.010 Purpose [Source: 17.62.010]
17.22.020 Prohibited Uses [Source: 17.62.030]
17.22.030 Agricultural Accessory Structures [Source: 17.62.040]
17.22.040 Commercial Accessory Structures [Source: 17.62.060]
17.22.050 Industrial Accessory Structures [Source: 17.62.070]
17.22.060 Residential Accessory Structures [Source: 17.62.050] CHAPTER 17.24 – FENCES, WALLS, AND HEDGES [SOURCE: 17.78.070]
17.24.010 Applicability
17.24.020 Height Limitations
17.24.030 Fence Materials
17.24.040 Required Walls
CHAPTER 17.26 – LANDSCAPING [SOURCE: 17.78.060]
17.26.010 Purpose
17.26.020 Applicability
17.26.030 Water Efficient Landscape Ordinance
17.26.040 General Landscaping Standards
17.26.050 Landscape Area Requirements
17.26.060 Artificial Turf
17.26.070 Deferred Landscaping in the R1 Zones
CHAPTER 17.28 – PARKING, LOADING, AND ACCESS
17.28.010 Purpose and Applicability [Source: 17.74.010, 080]
17.28.020 Building Permit [Source: 17.74.100]
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4 17.28.030 General Provisions [Source: 17.74.080, 90, 120, 150]
17.28.040 Number of Spaces Required [Source: 17.74.020, 030, 040, 050, 060, 070]
17.28.050 Compact Parking Spaces [Source: 17.74.160, 17.78.030.F]
17.28.060 Accessible Parking Spaces
17.28.070 Reduction of Parking Requirements [Source: 17.74.130]
17.28.080 Recreational Vehicle Parking in Residential Zones [Source: 17.78.080]
17.28.090 Off-Site Designated Parking [Source: 17.74.140]
17.28.100 Parking Facility Design Standards [Source: 17.78.030]
17.28.110 Off-Street Loading Requirements [Source: 17.74.180] CHAPTER 17.30 – SIGN REGULATIONS
17.30.010 Purpose and Applicability [Source: 17.76.010, 020]
17.30.020 Standards for Permitting Requirements
17.30.030 Signs Subject to a Conditional Use Permit
17.30.040 Exempt Signs [Source: 17.76.030]
17.30.050 Prohibited Signs [Source: 17.76.040]
17.30.060 Temporary Signs
17.30.070 Signs Allowed by Zone
17.30.080 Specific Use Signs
17.30.090 Abandoned or Dilapidated Signs, Frames, Structural members, and Supporting Poles
17.30.100 Master Sign Program
17.30.110 Minor Deviations and Variances
17.30.120 Nonconforming signs
CHAPTER 17.32 – HISTORIC PRESERVATION (RESERVED) [SOURCE: NEW]
17.32.010 TBD
17.32.020 TBD
17.32.030 TBD
17.32.040 TBD
17.32.050 TBD
17.32.060 TBD
17.32.070 TBD
ARTICLE 4 STANDARDS FOR SPECIFIC LAND USES
CHAPTER 17.40 – STANDARDS FOR SPECIFIC LAND USES
17.40.010 Accessory Dwelling Unit (ADU)
17.40.020 Recycling Facilities
17.40.030 Emergency Shelter
17.40.040 Home Occupation
17.40.050 Mobile Home Park
17.40.060 Mobile and Temporary Office Structures
17.40.070 Wireless Telecommunication Facilities
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5 CHAPTER 17.42 – DENSITY BONUSES [SOURCE: 17.70]
17.42.010 Purpose
17.42.020 Eligibility and Requirements
17.42.030 Amount of Density Bonus
17.42.040 Continued Affordability
17.42.050 Allowed Incentives and Concessions
17.42.060 Standards for Affordable Units
17.42.070 Donations of Land
17.42.080 Waivers or Reductions of Development Standards
17.42.090 Reduced Parking Requirements
17.42.100 Housing with Childcare Facilities
17.42.110 Application and Review
17.42.120 Density Bonus Housing Agreement
CHAPTER 17.44 – MARIJUANA CULTIVATION AND DISPENSARIES
17.44.010 Purpose and Intent [Source: 17.96.010]
17.44.020 Findings [Source: 17.96.020]
17.44.030 Definitions [Source: 17.96.040]
17.44.040 Relationship to Other Laws [Source: 17.96.030]
17.44.050 Prohibition of Marijuana Cultivation [Source: 17.96.050]
17.44.060 Consumption of Medical Marijuana [Source: 17.96.060]
17.44.070 Dispensary as a Prohibited Use [Source: 17.96.070]
17.44.080 Public Nuisance Declared [Source: 17.96.080]
17.44.090 Violation and Penalty [Source: 17.96.090]
17.44.100 Severance [Source: 17.96.100]
CHAPTER 17.46 – MULTI-UNIT DWELLING OBJECTIVE DESIGN STANDARDS [SOURCE:
17.42.0823, NEW]
17.46.010 Purpose and Intent
17.46.020 Applicability
17.46.030 Approval Authority
17.46.040 Site Planning and Design
17.46.050 Architectural Design
CHAPTER 17.48 – SINGLE-UNIT DWELLING DESIGN STANDARDS (RESERVED)
17.48.010 Reserved
CHAPTER 17.50 – ALCOHOL BEVERAGE SALES USES
17.50.010 Purpose
17.50.020 Applicability
17.50.030 Modifications to Existing Businesses
17.50.040 Location Standards for New Businesses
17.50.050 Operational Standards
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6 17.50.060 Signs
ARTICLE 5 NONCONFORMITIES
CHAPTER 17.60 – GENERAL NONCONFORMING PROVISIONS [SOURCE: 17.64]
17.60.010 Purpose and Intent
17.60.020 Applicability
17.60.030 Determination, Establishment, and Proof of Legal Nonconforming Status
17.60.040 Continuation, Maintenance, and Repair
17.60.050 Termination of Nonconformities
CHAPTER 17.62 – NONCONFORMING PARCELS [SOURCE: 17.64]
17.62.010 Use of Legal Nonconforming Parcels
17.62.020 Expansion and Continuance
17.62.030 Subdivision of Legal Nonconforming Parcels
17.62.040 Merger of Nonconforming Parcels
CHAPTER 17.64 – NONCONFORMING USES [SOURCE: 17.64]
17.64.010 Continuation of Legal Nonconforming Uses
17.64.020 Expansion or Modification of Legal Nonconforming Uses ARTICLE 6 PERMIT PROCESSING PROCEDURES
CHAPTER 17.70 – GENERAL PROVISIONS
17.70.010 Purpose and Intent [Source: NEW]
17.70.020 Permits, Procedures, and Actions [Source:17.08.010 through 17.08.060]
17.70.030 Additional Permits May Be Required [Source: NEW] CHAPTER 17.72 – APPLICATION PROCESSING PROCEDURES
17.72.010 Application [Source: 17.08.070]
17.72.020 Additional Information [Source: 17.08.080]
17.72.030 Fees [Source: 17.08.100]
CHAPTER 17.74 – ZONING CLEARANCE
17.74.010 Purpose [Source: NEW]
17.74.020 Applicability [Source: 17.08.010]
17.74.030 Review and Decision [Source: 17.08.010]
CHAPTER 17.76 – REASONABLE ACCOMMODATION [SOURCE: NEW]
17.76.010 Purpose
17.76.020 Applicability
17.76.030 Application Filing, Processing, and Review
17.76.040 Findings and Decision
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17.76.050 Conditions of Approval
17.76.060 Revocation of Approval and Discontinuance
CHAPTER 17.78 – HOME OCCUPATION PERMIT
17.78.010 Purpose [Source: 17.18.010]
17.78.020 Application [Source: 17.18.020]
17.78.030 Actions by Director [Source: 17.18.060]
17.78.040 Appeals [Source: 17.18.070 and 17.18.080]
17.78.050 Conditions of Approval [Source: 17.18.090]
17.78.060 Revocation and Modification [Source: 17.18.100] CHAPTER 17.80 – SITE PLAN REVIEW PERMIT [SOURCE: 17.14]
17.80.010 Purpose [Source: 17.14.010]
17.80.020 Applicability [Source: 17.14.020]
17.80.030 Building Permit Required [Source: 17.14.080]
17.80.040 Application Filing and Contents [Source: 17.14.030]
17.80.050 Findings and Decision [Source: 17.14.040 and 17.14.050]
17.80.060 Appeals [Source: 17.14.060 and 17.14.070]
17.80.070 Site Plan Agreement [Source: 17.14.090]
CHAPTER 17.82 – ADMINISTRATIVE USE PERMIT [SOURCE: NEW]
17.72.010 Purpose and Intent [Source: NEW]
17.72.020 Applicability [Source: NEW]
17.72.030 Review Authority [Source: NEW]
17.72.040 Application Filing, Processing, and Review [Source: NEW]
17.72.050 Findings and Decision [Source: NEW]
17.72.060 Conditions of Approval [Source: NEW]
17.72.070 Noticing and Public Hearing [Source: NEW]
17.72.080 Appeal Procedures [Source: NEW]
17.72.090 Permit to Run with the Land [Source: NEW]
17.72.100 Modifications to an Approved Permit [Source: NEW] CHAPTER 17.84 – CONDITIONAL USE PERMIT
17.84.010 Purpose [Source: 17.12.010]
17.84.020 Application [Source: 17.12.020]
17.84.030 Actions [Source: 17.12.030 and 17.12.040]
17.84.040 Decision [Source: 17.12.050]
17.84.050 Appeals [Source: 17.12.060 and 17.12.070]
17.84.060 Conditions of Approval [Source: 17.12.080]
17.84.070 Lapse of Conditional Use Permit [Source: 17.12.090]
17.84.080 Renewal of Conditional Use Permit [Source: 17.12.100]
17.74.090 Revocation or Modification [Source: 17.12.120] 549
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8 CHAPTER 17.86 – TEMPORARY USE PERMIT [SOURCE: 17.12.110]
17.86.010 Purpose
17.86.020 Applicability
17.86.030 Application
17.86.040 Uses and Activities
17.86.050 Ineligible Temporary Uses
17.86.060 Revocation and Modification
17.86.070 Permit Renewal
CHAPTER 17.88 – VARIANCE PERMIT
17.88.010 Purpose [Source: 17.16.010]
17.88.020 Application Filing [Source: 17.16.020]
17.88.030 Action by the Commission [Source: 17.16.030]
17.88.040 Action
17.88.050 Appeals [Source: 17.16.050 and 17.16.060]
17.88.060 Conditions of Approval [Source: 17.16.070]
CHAPTER 17.90 – MINOR MODIFICATION PERMIT [SOURCE: 17.16.090]
17.90.010 Application
17.90.020 Review and Action
CHAPTER 17.92 – DEVELOPMENT AGREEMENTS [SOURCE: 17.72]
17.92.010 Purpose and Intent [Source: 17.72.010]
17.92.020 Authority [Source: 17.72.020]
17.92.030 General Plan Consistency [Source: 17.72.030]
17.92.040 Application [Source: 17.72.040]
17.92.050 Review and Approval [Source: 17.72.050]
17.92.060 Commission Hearing [Source: 17.72.060]
17.92.070 Council Hearing [Source: 17.72.070]
17.92.080 Initiation of Amendment or Cancellation [Source: 17.72.080]
17.92.090 Recordation of Agreement [Source: 17.72.090]
17.92.100 Review of Agreement [Source: 17.72.100]
CHAPTER 17.94 – PERMIT MODIFICATION AND REVOCATION [SOURCE: 17.24]
17.94.010 Amendments to Approved Permits
17.94.020 Grounds for Revocation or Modification [Source: 17.24.010]
17.94.030 Modification of Permits [Source: 17.24.020]
17.94.040 Initiation
17.94.050 Public Hearing Requirements [Source: 17.24.040]
17.94.060 Hearings
17.94.070 Appeal [Source: 17.24.060]
17.94.080 Hearing by Council [Source: 17.24.070]
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9 CHAPTER 17.96 – DEVELOPMENT PLAN REVIEW PERMIT
17.96.010 Purpose
17.96.020 Applicability
17.96.030 Building Permit Required
17.96.040 Application Filing and Contents
17.96.050 Action
17.96.060 Resolution for Decision
17.96.070 Appeals
17.96.080 Conditions of Approval
17.96.090 Development Standards
17.96.100 Lapse of Development Plan Permit
17.96.110 Revocation or Modification
CHAPTER 17.98 – CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PROCEDURES
17.98.010 Purpose
17.98.020 Applicability
17.98.030 Administration
17.98.040 Exemptions
17.98.050 Environmental Review
17.98.060 Review Authority for the CEQA Finding
17.98.070 Application and Payment of Fees
ARTICLE 7 ZONING CODE ADMINISTRATION
CHAPTER 17.110 – ADMINISTRATIVE RESPONSIBILITY
17.110.010 Purpose [Source: 17.04.010]
17.110.020 City Council [Source: 17.04.020]
17.110.030 Planning Commission [Source: 17.04.030]
17.110.040 Community Development Director
17.110.050 Development Review Committee (DRC)
17.110.060 Administrative Responsibility Overview [Source: Table 17.04-1] CHAPTER 17.112 – AMENDMENTS
17.112.010 Purpose [Source: 17.26.010]
17.112.020 Initiation of Amendment [Source: 17.26.020]
17.112.030 Public Hearings [Source: 17.26.030]
17.112.040 Commission’s Action [Source: 17.26.040]
17.112.050 Council Action [Source: 17.26.050]
17.112.060 New Application [Source: 17.26.060]
17.112.070 Mapping [Source: 17.26.080]
17.112.080 Urgency Zoning Code Amendments [Source: 17.26.090] 551
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10 CHAPTER 17.114 – APPEALS
17.114.010 Purpose [Source: NEW]
17.114.020 Applicability [Source: 17.22.010]
17.114.030 Appeal Timeline
17.114.040 Effect of Filing Notice of Appeal [Source: 17.26.030]
17.114.050 Contents of Notice [Source: 17.26.040]
17.114.060 Actions [Source: 17.26.060]
17.114.070 Director Appeal [Source: 17.26.070]
17.114.080 Automatic Appeals [Source: 17.26.080]
CHAPTER 17.116 – PUBLIC NOTICES AND HEARINGS
17.116.010 Purpose [Source: NEW]
17.116.020 Noticing Requirements for Zoning Code Amendments [17.10.010]
17.116.030 Noticing Requirements for Permits [Source: 17.10.020]
17.116.040 Failure to Receive Notice [Source: 17.10.030]
17.116.050 Notification of More than 1,000 Property Owners [Source: 17.10.040]
17.116.060 Notification of Public Agencies [Source: 17.10.050] CHAPTER 17.118 – ENFORCEMENT AND VIOLATIONS
17.118.010 Purpose [Source: NEW]
17.118.020 Administrative Officials [Source: 17.28.010]
17.118.030 Compliance with Code [Source: 17.28.020
17.118.040 Inspection [Source: 17.28.030
17.118.050 Compliant Regarding Violation [Source: 17.28.040]
17.118.060 Penalty [Source: 17.28.050]
ARTICLE 8 DEFINITIONS
CHAPTER 17.120 – DEFINITIONS [SOURCE: 17.90]
17.130.010 “A” Definitions
17.130.020 “B” Definitions
17.130.030 “C” Definitions
17.130.040 “D” Definitions
17.130.050 “E” Definitions
17.130.060 “F” Definitions
17.130.070 “G” Definitions
17.130.080 “H” Definitions
17.130.090 “I” Definitions
17.130.100 “J” Definitions
17.130.110 “K” Definitions
17.130.120 “L” Definitions
17.130.130 “M” Definitions
17.130.140 “N” Definitions
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17.130.150 “O” Definitions
17.130.160 “P” Definitions
17.130.170 “Q” Definitions
17.130.180 “R” Definitions
17.130.190 “S” Definitions
17.130.200 “T” Definitions
17.130.210 “U” Definitions
17.130.220 “V” Definitions
17.130.230 “W” Definitions
17.130.240 “X” Definitions
17.130.250 “Y” Definitions
17.130.260 “Z” Definitions
553
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Applicability
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Table of Contents
CHAPTER 17.02 TITLE, PURPOSE, AND APPLICABILITY OF THE ZONING CODE ................................ 2
17.02.010 Title............................................................................................................................................ 2
17.02.020 Purpose and Authority .............................................................................................................. 2
17.02.030 Applicability ............................................................................................................................... 3
17.02.040 Relationship to Prior Code ........................................................................................................ 3
17.02.050 Relationship to General Plan..................................................................................................... 3
17.02.060 Severability, Partial Invalidation of Zoning Code ...................................................................... 4 CHAPTER 17.04 INTERPRETATION OF THE ZONING CODE ................................................................ 6
17.04.010 Purpose...................................................................................................................................... 6
17.04.020 Rules of Interpretation.............................................................................................................. 6
17.04.030 Uses Not Classified .................................................................................................................... 7
17.04.040 Conflicting Uses and Requirements .......................................................................................... 7
17.04.050 Heading and Illustrations .......................................................................................................... 8 CHAPTER 17.06 ZONES AND ZONING MAP ..................................................................................... 10
17.06.010 Purpose and Intent.................................................................................................................. 10
17.06.020 Establishment of Zones........................................................................................................... 10 554
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ii
17.06.030 Zoning Map.............................................................................................................................. 13
17.06.040 Determination of Boundaries.................................................................................................. 13
17.06.050 Classification of Annexed Lands.............................................................................................. 14 555
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Chapter 17.02
Title, Purpose, and Applicability
of the Zoning Code
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Chapter 17.02 Title, Purpose, and Applicability of the Zoning Code 2 Chapter 17.02 Title, Purpose, and Applicability of the Zoning Code
17.02.010 Title
Title 17 of the City of Kerman Municipal Code, containing the City’s zoning regulations, shall be known as the “City of Kerman Zoning Code”, and referred to as the “Zoning Code.” [Source: NEW]
17.02.020 Purpose and Authority
A. Purpose of the Zoning Code. The purpose of the Zoning Code is to preserve and promote the public health, safety, and welfare of the City, and to facilitate growth and expansion of the City in a precise and orderly manner. More specifically, this Zoning Code is adopted to achieve the following objectives: [Source: 17.02.020]
1. Assure that the public and private lands are ultimately used for purposes which are appropriate and most beneficial for the City;
2. Implement the goals, policies, implementation programs, and Land Use Map of the General Plan;
3. Assure the appropriate location of community facilities;
4. Promote a safe, effective traffic circulation system;
5. Require adequate off-street parking and loading areas;
6. Prevent the overbuilding of land by development through the regulation of parcel coverage, setbacks, height, and parcel density and dimensions;
7. Promote a well-designed City through the regulation of signs, landscaping, structure design, and other improvement standards associated with development;
8. Promote and protect commercial and industrial development within the City, in order to strengthen its economic base; and
9. To conserve the City’s natural resources and community assets.
B. Authority. This Zoning Code is enacted based on the authority vested in the City by the State of California, including but not limited to the State Constitution; the Planning and Zoning Law (Government Code Sections 65000 et seq.); and the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.). [Source: NEW]
559
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Final Draft – March 2024
3 17.02.030 Applicability
This Zoning Code applies to all areas within the municipal boundaries of the City of Kerman whether owned, leased, or operated by private persons, farms, corporations, or organizations. Additionally, any property owned, leased, or operated by the United States; the State of California; the County of Fresno; or, any other public or governmental body or agency shall be governed by the provisions of this Zoning Code, as follows:
[Source: 17.02.040]
A. Where such public or governmental uses are specifically listed, they shall be governed as indicated.
B. Where such public or governmental uses are not specifically listed, they shall be permitted only in zones allowing private uses of a substantially similar nature as provided in Subsection 17.04.030.B (Classification of Uses).
C. Property owned by the United States; the State of California; the County of Fresno; or any other governmental agency shall be exempt from the provisions of this Zoning Code only to the extent that their property may not be lawfully regulated by the City.
17.02.040 Relationship to Prior Code
The provisions of this Zoning Code, as it existed before the effective date of Ordinance No. (insert ordinance number to adopt this update), are repealed and superseded as provided in the ordinance enacting this Title.
No provision of this Zoning Code shall validate or legalize any land use, structure, or subdivision constructed, created, established, or maintained in violation of the City as they existed before repeal by the ordinance enacting this Zoning Code, except as addressed by nonconformities created by this Zoning Code, in compliance with Article 5 (Nonconformities). [Source: NEW]
17.02.050 Relationship to General Plan
A. Zoning Code is the Primary Tool. Nothing in this Zoning Code eliminates the need for obtaining any other permits or entitlements required by the City, or any permit, approval, or entitlement required by the regulations of any regional, State, or Federal agency. [Source: NEW]
1. General Plan. The General Plan is a comprehensive, long-range, general policy statement for the entire community. The General Plan designates appropriate locations and densities for residential, commercial, mixed use, industrial, office, public, and open space uses.
2. Zoning Code. This Zoning Code is a specific statement of allowable uses of land and related development standards by zone designed to control the use, type, bulk, height, space, and location of structures and land. This Zoning Code is intended to be applied to the City based on land use designations established in the General Plan. 560
Section 6, Item A.
Chapter 17.02 Title, Purpose, and Applicability of the Zoning Code 4 B. General Plan Consistency. The Council intends that this Zoning Code be consistent with the General Plan and any applicable specific plan to the maximum extent practicable, and that any development, land use, or subdivision approved in compliance with this Zoning Code shall also be consistent with the General Plan and any applicable specific plan to the maximum extent practicable. [Source: NEW]
C. Inconsistencies Between the General Plan and Zoning Code. Where inconsistencies are found to exist between the General Plan and this Zoning Code, the General Plan shall control the use and development of the land until the Council adopts an amendment(s) to achieve consistency with the existing or current General Plan. [Source: NEW]
17.02.060 Severability, Partial Invalidation of Zoning Code If any portion of this Zoning Code is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, the determination shall not affect the validity of the remaining portions of this Zoning Code. The Council hereby declares that this Zoning Code and each article, chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase, and portion thereof is adopted without regard to the fact that one or more portions of this Zoning Code may be declared invalid, unconstitutional, or unenforceable. [Source: NEW]
561
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Interpretation of the Zoning
Code
562
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6 Chapter 17.04 Interpretation of the Zoning Code
17.04.010 Purpose
The purpose of this Chapter is to specify the authority and procedures for clarifying any ambiguity in this Zoning Code, and to ensure its consistent interpretation and application. [Source: NEW]
17.04.020 Rules of Interpretation
A. Authority. The Director shall decide any questions involving the interpretation or application of any provision of this Zoning Code. However, any interpretation of the Director may be appealed to the Commission and the interpretation of the Commission may be appealed to the Council. [Source:
17.06.010]
B. Language.
1. When used in this Zoning Code, the word "shall" is always mandatory and not discretionary. The word “should” is not mandatory but is strongly recommended. The word "may" is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural, and the plural the singular, unless the natural construction of the word indicates otherwise. The words "includes" and “including” shall not limit a term to the specific examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character. [Source: 17.06.040, modified]
2. The word "City" shall mean the City of Kerman.
3. The word "Council" shall mean the City Council of the City of Kerman. The word "Commission" shall mean the Planning Commission of the City of Kerman. [Source: 17.06.040, modified]
4. The word “Director” shall mean the Community Development Director of the City of Kerman or their designee. In the event that position title is modified, the word “Director” shall refer to that position title and to the position responsible for implementing and enforcing this Zoning Code. [Source: NEW]
C. Time Limits. Whenever a number of days is specified in this Zoning Code, or in any permit, condition of approval, or notice provided in compliance with this Zoning Code, the number of days shall be construed as calendar days. A time limit shall extend to the following working day where the last of the specified number of days falls on a Saturday, Sunday, or City recognized holiday. [Source: NEW] D. Zoning Map Boundaries. See Section 17.06.050 (Uncertainty of Boundaries). [Source: 17.06.030] 563
Section 6, Item A.
Article 1 – Enactment and Applicability Chapter 17.04
Final Draft – March 2024
7 E. Allowable Uses of Land. See Article 2 (Zones, Allowable Uses and Development Standards). [Source:
NEW]
F. State Law Requirements. Where this Zoning Code references applicable provisions of State law (for example, the California Government Code, Subdivision Map Act, or Public Resources Code), the reference shall be interpreted to be to the applicable State law provisions as they may be amended from time to time. [Source: NEW]
17.04.030 Uses Not Classified
A. Uses Not Listed are Not Allowed. Since the language used in this Zoning Code is deemed permissive, if a proposed use of land is not specifically listed in Article 2 (Zones, Allowable Uses, and Development Standards), the use shall not be allowed, except as provided in Subsection B, below. [Source: NEW]
B. Classification of Uses. The Council authorizes the Director to make written findings on requests for a classification of use. In determining the use classification, the Director must find that the use is substantially similar in character, intensity, and compatibility to a use or uses within the zone applicable to the property. [Source: 17.06.060]
C. Applicable Standards and Permit Requirements. Based on this finding, the use shall be processed in the same manner as the similar use and shall be subject to the same standards and regulations. In such instances, the Director may also initiate proceedings to update the Zoning Code to add the specific use under consideration. [Source: 17.06.060]
D. Director Determination. By written determination, the Director may approve, modify, or deny a classification of use. The decision of the Director shall be final unless appealed to the Commission.
Said appeal shall be filed and processed in compliance with Chapter 17.114 (Appeals). [Source:
17.06.060]
17.04.040 Conflicting Uses and Requirements
A. Differences in Meaning. In case of difference of meaning or implication between the text of this Zoning Code and any other ordinance now in effect or hereafter adopted, or any caption within this Zoning Code, the text of this Zoning Code shall prevail. [Source: 17.06.050, modified] B. Easements, Covenants, and Private Agreements. It is not the intention of this Zoning Code to interfere with or abrogate or annul any easements, covenants, or other agreements between parties. However, where this Zoning Code imposes a greater restriction upon the use of structures or parcels, or upon the height of buildings, or requires larger parcel areas than are required by other ordinances, rules, regulations or by easements, covenants or agreements, the regulations of this Zoning Code shall prevail. [Source: 17.06.020]
564
Section 6, Item A.
Chapter 17.04 Interpretation of the Zoning Code
8 17.04.050 Heading and Illustrations
A. Headings. The headings of the article, chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase, and portion thereof of this Zoning Code, together with the accompanying illustrations, examples, and explanatory notes, are inserted as a matter of convenience and illustrative purposes only and in no way define, limit, or enlarge the scope or meaning of this Zoning Code or its provisions. [Source: NEW]
B. Illustrations and Diagrams. In case of a conflict between the Zoning Code text and any diagram, illustration, or image contained in this Code, the text of this Zoning Code shall prevail. [Source: NEW] 565
Section 6, Item A.
Chapter 17.06
Zones and Zoning Map
566
Section 6, Item A.
Chapter 17.06 Zones and Zoning Map
10 Chapter 17.06 Zones and Zoning Map
17.06.010 Purpose and Intent
A. Purpose. This Chapter establishes the zones applied to property within the City and adopts the City's Zoning Map. [Source: NEW]
B. Intent. The intent of this Chapter is to promote development in the City which is consistent with the goals, polices, and implementation programs of the General Plan. [Source: 17.30.010]
17.06.020 Establishment of Zones
A. General. The City shall be divided into zones which implement the General Plan. The zones shown in Table 17.06-1 (Zone Classifications) are hereby established and shall be shown on the Zoning Map. [Source: NEW]
B. Base Zones. Every parcel shall have a base zone that establishes the primary type and intensity of land use allowed, along with development standards for that particular type and intensity of land use. [Source: 17.30.030, modified]
C. Combining Zones. A combining zone supplements the base zone for the purpose of establishing special land use allowances or limitations or development standards and regulations for a particular area in addition to the provisions of the underlying base zone. In the event of conflict between the base zone regulations and the combining zone regulations, the Director shall determine which regulation(s) apply. When a combining zone is attached to a base zone additional governmental review may be required. [Source: 17.30.030, modified]
Table 17.06-1
Zone Classifications
Zoning Map
Symbol Zone Name
Density
NonResidential
FAR Corresponding General Plan
Land Use Designation(s)
(maximum unless otherwise
specified)
Residential Zones
RR Rural Residential
2 du/ac - Very Low Density Residential (VLDR)
- - Quasi-Public (QP)
- - Schools (S)
RR-43 Rural Residential (43,000 sq. ft. min.)
2 du/ac - Very Low Density Residential (VLDR)
- - Quasi-Public (QP)
- - Schools (S)
567
Section 6, Item A.
Article 1 – Enactment and Applicability Chapter 17.06
Final Draft – March 2024
11 Table 17.06-1
Zone Classifications
Zoning Map
Symbol Zone Name
Density
NonResidential
FAR Corresponding General Plan
Land Use Designation(s)
(maximum unless otherwise
specified)
RR-100 Rural Residential (100,000 sq. ft. min.)
2 du/ac - Very Low Density Residential (VLDR)
- - Quasi-Public (QP)
- - Schools (S)
R-1-7 Single-Family Residential (7,000 sq. ft. min.)
9 du/ac - Low Density Residential (LDR)
12 du/ac - Medium Density Residential (MDR)
- - Quasi-Public (QP)
- - Schools (S)
R-1-12 Single-Family Residential (12,000 sq. ft. min.)
9 du/ac - Low Density Residential (LDR)
12 du/ac - Medium Density Residential (MDR)
- - Quasi-Public (QP)
- - Schools (S)
R-2 Two-Family Residential
12 du/ac - Medium Density Residential (MDR)
- - Quasi-Public (QP)
- - Schools (S)
R-3 Multi-Family Residential
20 du/ac
(min.) - High Density Residential (HDR) 24 du/ac
(max.)
- - Quasi-Public (QP)
- - Schools (S)
Residential Zones - Smart Development (SD) Combining
SD-R-2.5 SD Residential (2,500 sq. ft. min.)
20 du/ac
(min.) - High Density Residential (HDR) 24 du/ac
(max.)
12 du/ac - Medium Density Residential (MDR)
- - Quasi-Public (QP)
- - Schools (S)
SD-R-3.5 SD Residential (3,500 sq. ft. min.)
12 du/ac - Medium Density Residential (MDR)
- - Quasi-Public (QP)
- - Schools (S)
SD-R-4.5 SD Residential (4,500 sq. ft. min.)
9 du/ac - Low Density Residential (LDR)
12 du/ac - Medium Density Residential (MDR)
- - Quasi-Public (QP)
- - Schools (S)
568
Section 6, Item A.
Chapter 17.06 Zones and Zoning Map
12 Table 17.06-1
Zone Classifications
Zoning Map
Symbol Zone Name
Density
NonResidential
FAR Corresponding General Plan
Land Use Designation(s)
(maximum unless otherwise
specified)
SD-R-5.0 SD Residential (5,000 sq. ft. min.)
9 du/ac - Low Density Residential (LDR)
12 du/ac - Medium Density Residential (MDR)
- - Quasi-Public (QP)
- - Schools (S)
Residential Zones - Planned Development (PD) Combining
PD-R-1 PD Single-Family Residential
9 du/ac - Low Density Residential (LDR)
- - Quasi-Public (QP)
- - Schools (S)
PD-R-1-7 PD Single-Family Residential (7,000 sq. ft. min.) 9 du/ac - Low Density Residential (LDR)
12 du/ac - Medium Density Residential (MDR)
- - Quasi-Public (QP)
- - Schools (S)
PD-R-1-12 PD Single-Family Residential (12,000 sq. ft. min.) 9 du/ac - Low Density Residential (LDR)
12 du/ac - Medium Density Residential (MDR)
- - Quasi-Public (QP)
- - Schools (S)
Commercial and Office Zones
CG General Commercial
- 0.3 General Commercial (GC)
- 0.3 Regional Commercial (RC)
- 1.0 Office (O)
CN Neighborhood Commercial - 0.5 Neighborhood Commercial (NC) CS Service Commercial
- 0.3 General Commercial (GC)
- 0.3 Service Commercial (SC)
- 0.3 Regional Commercial (RC)
PA Professional and Administrative Office - 1.0 Office (O) Mixed-Use Zone
MU Mixed-Use 20 du/ac 1.0 Mixed-Use (MU)
Industrial Zones
M-1 Light Industry - 0.3 Industrial (I)
M-2 Heavy Industry - 0.3 Industrial (I)
-IBA Industrial Boulevard Area Combining - 0.3 Industrial (I) Public and Quasi-Public Zones
O Open Space, Recreation, & Public Facilities - - Public/Quasi-Public (PUB) 569
Section 6, Item A.
Article 1 – Enactment and Applicability Chapter 17.06
Final Draft – March 2024
13 Table 17.06-1
Zone Classifications
Zoning Map
Symbol Zone Name
Density
NonResidential
FAR Corresponding General Plan
Land Use Designation(s)
(maximum unless otherwise
specified)
- - Parks (P)
- - Ponding Basins (PB)
UR Urban Reserve - - Urban Reserve
17.06.030 Zoning Map
A. Adoption. The Council hereby ratifies the City of Kerman Zoning Map (hereafter referred to as the "Zoning Map"), which is on file with the Community Development Department. Such ratification is deemed adoption of the Zoning Map. This Zoning Code, together with the Zoning Map, is adopted in compliance with current State planning, zoning, and development laws. The Zoning Map is hereby incorporated into this Zoning Code by reference as though it were fully included here. Any additional maps (e.g., setback map, height map) adopted shall also be a part of this Zoning Code by reference. [Source: NEW]
B. Zoning Map Contents. The boundaries, designations, and locations of the zones established by this Zoning Code shall be shown upon the Zoning Map. [Source: NEW] C. Zoning Map Amendments. Amendments to the existing zone boundaries of any identified zones shall be made by ordinance (rezone) in compliance with Chapter 17.112 (Amendments). [Source:
NEW]
17.06.040 Determination of Boundaries
A. General. In the event of a difference or conflict between the text of this Zoning Code and the zones shown on the Zoning Map, the designation(s) on the Zoning Map shall prevail. [Source: 17.06.030] B. Uncertainty of Boundaries. Where uncertainty exists with respect to the boundaries of the various zones as shown on the official Zoning Map, the following rules shall apply: [Source: 17.06.030, 17.30.050, modified by staff on 8/12/21]
570
Section 6, Item A.
Chapter 17.06 Zones and Zoning Map
14 1. Where a boundary is indicated as a street, alley, railroad right-of-way, canal, or other watercourse, the centerline of such shall be considered to be the boundary line. In the event of abandonment, the property shall immediately become classified in the same zone as the property adjoining the former street, alley, railroad right-of-way, canal or watercourse.
2. Where doubt exists as to the location of a zone boundary in the interior of a block, the boundary shall be the nearest interior parcel line existing at the effective date of the ordinance codified in this Zoning Code or at the date when the property may have been subsequently rezoned.
3. Where the street layout on the ground or the parcel lines differ from such layout or lines shown on the Zoning Map, the matter shall be referred to the Director to determine the exact boundary and the map shall be amended to conform to the layout on the ground.
17.06.050 Classification of Annexed Lands
A. Where property annexed to the City has been classified by the City pursuant to pre-zoning provisions, such pre-zoning classification becomes effective at the same time the annexation becomes effective. The method of accomplishing pre-zoning, determining the zone that will apply to such property in the event of sub-annexation to the City, shall be the same as that specified for change amendments in compliance with Chapter 17.112 (Amendments). [Source: 17.30.060.A] B. When property is annexed to the City it shall be pre-zoned to a zone that is consistent with the General Plan. If a General Plan land use designation has not been placed upon the property, the land shall be pre-zoned concurrent with a General Plan amendment. [Source: 17.30.060.B] 571
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17 – Zoning Code
Article 2 – Zones, Allowable Uses,
and Development Standards
FINAL DRAFT
March 2024
Table of Contents
CHAPTER 17.10 RESIDENTIAL ZONES ................................................................................................. 2
17.10.010 Purpose and Intent of Residential Zones .................................................................................. 2
17.10.020 Residential Zones Land Use Regulations................................................................................... 2
17.10.030 Residential Zones Development Standards............................................................................... 4
17.10.040 Accessory Structures............................................................................................................... 10
17.10.050 Signs......................................................................................................................................... 10
17.10.060 Fences, Walls, and Hedges...................................................................................................... 10
17.10.070 Parking..................................................................................................................................... 11
17.10.080 Recreation and Open Space. ................................................................................................... 11
17.10.090 Site Plan Review ...................................................................................................................... 11
17.10.100 Architectural Standards: R-1, R-1-7, and R-1-12 Zones........................................................... 11 CHAPTER 17.12 COMMERCIAL, OFFICE, AND MIXED-USE ZONES .................................................. 14
17.12.010 Purpose and Intent of Commercial, Office, and Mixed-Use Zones......................................... 14
17.12.020 Commercial, Office, and Mixed-Use Zones Land Use Regulations.......................................... 15
17.12.030 Commercial, Office, and Mixed-Use Zones Development Standards..................................... 18
17.12.040 Accessory Structures............................................................................................................... 20 573
Section 6, Item A.
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ii
17.12.050 Signs......................................................................................................................................... 20
17.12.060 Fences, Walls, and Hedges...................................................................................................... 20
17.12.070 Parking..................................................................................................................................... 20
17.12.080 Site Plan Review ...................................................................................................................... 21 CHAPTER 17.14 INDUSTRIAL ZONES ................................................................................................ 24
17.14.010 Purpose and Intent of Industrial Zones................................................................................... 24
17.14.020 Industrial Zones Land Use Regulations.................................................................................... 24
17.14.030 Industrial Zones Development Standards............................................................................... 27
17.14.040 Accessory Structures............................................................................................................... 28
17.14.050 Signs......................................................................................................................................... 28
17.14.060 Fences, Walls, and Hedges...................................................................................................... 28
17.14.070 Parking..................................................................................................................................... 29
17.14.080 Site Plan Review ...................................................................................................................... 29 CHAPTER 17.16 PUBLIC AND QUASI-PUBLIC ZONES ....................................................................... 32
17.16.010 Purpose and Intent of Public and Quasi-Public Zones ............................................................ 32
17.16.020 Public and Quasi-Public Zones Land Use Regulations............................................................. 32
17.16.030 Public and Quasi-Public Zones Development Standards......................................................... 34
17.16.040 Signs......................................................................................................................................... 35
17.16.050 Fences, Walls, and Hedges...................................................................................................... 35
17.16.060 Parking..................................................................................................................................... 36 CHAPTER 17.18 COMBINING ZONES ................................................................................................ 38
17.18.010 Purpose and Intent of Combining Zones................................................................................. 38
17.18.020 Planned Development Combining Zone (PD) Standards and Regulations.............................. 39
17.18.030 Smart Residential Development Combining Zone (SD) Standards and Regulations............... 43
17.18.040 Industrial Boulevard Area Combining Zone (IBA) Standards and Regulations........................ 48 574
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iii
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Section 6, Item A.
576
Section 6, Item A.
Chapter 17.10
Residential Zones
577
Section 6, Item A.
Chapter 17.10 Residential Zones
2 Chapter 17.10 Residential Zones
17.10.010 Purpose and Intent of Residential Zones
The purposes and intent of the residential zones are as follows:
A. RR, RR-43, RR-100 – Rural Residential Zones. The purpose of the rural residential zones are to preserve the rural character of the City by providing for areas that allow low density residential development on large lots. These zones are intended to serve as transition areas between urbanizing lands and existing agriculture operations. The rural residential zones are categorized by minimum parcel size as follows: 0.5 acre for RR, 1-acre, or 43,000 square feet for RR-43, and 2.5- acres or 100,000 square feet for RR-100. The rural residential zones implement the Very Low Density Residential (VLDR), Quasi-Public (QP), and Schools (S) land use designations in the General Plan. [Source: 17.36.010, modified]
B. R-1-7, R-1-12 – Single-Unit Residential Zones. The purpose of the single-unit residential zones are to provide areas in the City that allow low and medium density residential development and other compatible uses. These zones are intended to promote an environment which is free of traffic and parking congestion, significant noise levels, and uses which are not complementary to residential neighborhoods. The R-1 residential zones are categorized by minimum parcel size as follows: 7,000 square feet for R-1-7, and 12,000 square feet for R-1-12. The single-unit residential zones implement the Low Density Residential (LDR), Medium Density Residential (MDR), Quasi-Public (QP), and Schools (S) land use designations in the General Plan. [Source: 17.40.010, modified] C. R-2, R-3 – Multi-Unit Residential Zones. The purpose of the multi-unit residential zones are to provide areas in the City that allow a range of medium and high density residential development and other compatible uses. Development in these zones is to be designed in a manner which does not conflict with surrounding land uses and does not over burden local streets. The multi-unit residential zones are categorized by maximum density as follows: R-2 and R-3. The multi-unit zones implement the Medium Density Residential (MDR), High Density Residential (HDR), Quasi-Public (QP), and Schools (S) land use designations in the General Plan. [Source: 17.42.040, modified]
17.10.020 Residential Zones Land Use Regulations
A. Table 17.10-1 Land Use Regulations – Residential Zones. Table 17.10-1 (Land Use Regulations – Residential Zones) establishes the uses allowed within each residential zone and any permits required to establish the use. [Source: NEW]
B. Uses Not Listed. Land uses not listed in Table 17.10-1 (Land Use Regulations – Residential Zones) are not allowed, in compliance with Section 17.04.030 (Uses Not Classified).[Source: NEW] 578
Section 6, Item A.
Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.10 Final Draft – March 2024
3 C. Additional Regulations. The right-hand column in Table 17.10-1 (Land Use Regulations – Residential Zones) indicates additional regulations that may apply to the use. Provisions in other sections of this Zoning Code may also apply. [Source: NEW]
Table 17.10-1
Land Use Regulations – Residential Zones
Key: P = Allowed by Right; AUP = Administrative Use Permit; (−) = Not Allowed CUP = Conditional Use Permit
Land Use
(see Article 8 for land
use definitions)
Permit Requirement by Zone
Additional
Regulations R
R
R
R-43
RR-100
R-1-7
R-1-12
R-2R-3
Agriculture, Resource, & Open Space Uses`
Accessory Structure,
Agricultural P P P - - - Chapter 17.22 (Accessory Structures) Human Services Uses
Cemetery CUP CUP CUP CUP CUP - -
Child Day Care Home P P P P P P P
Community Care Facility,
Large P P P P P P P
Community Care Facility,
Small P P P P P P P
Day Care Center CUP CUP CUP CUP CUP CUP CUP
Emergency Shelter - - - - - - P Section 17.40.030
Recreation, Education, and Public Assembly Uses
Place of Assembly - - - CUP CUP CUP CUP
School, Private and
Vocational CUP CUP CUP - - CUP CUP
Residential Uses
Accessory Structure,
Residential P P P P P P P Chapter 17.22 (Accessory Structures) Boarding House - - - - - CUP CUP
Cottage Food Operation P P P P P P P
Dwelling, Accessory
Dwelling Unit (ADU) P P P P P P P Section 17.40.010(Accessory Dwelling Unit) Dwelling, Multi-Unit (Up
to 40 units) - - - - - P P
Chapter 17.46 (Multi-Unit
Dwelling Objective Design
Standards)
Dwelling, Multi-Unit (41
or more units) - - - - - CUP CUP
Dwelling, Multi-Unit
(20% units affordable to
lower-income)
- - - - - P P
Dwelling, Single-Unit P P P P P CUP CUP
Section 17.10.100
(Architectural Standards:
R-1-7 and R-1-12 Zones)
Dwelling, Two-Unit - - - CUP CUP P P
Employee Housing P P P P P P P
579
Section 6, Item A.
Chapter 17.10 Residential Zones
4 17.10.030 Residential Zones Development Standards
Table 17.10-2 Development Standards – Residential Zones. Table 17.10-2 (Development Standards – Residential Zones) establishes parcel and structure standards that apply to all development in the specified zone. Provisions in other sections of this Zoning Code may also apply. [Source: 17.36.040, modified] Home Occupation P P P P P P P Section 17.40.040 (Home
Occupation)
Mobile Home Park CUP CUP CUP - - CUP CUP
Section 17.40.050 (Mobile
Home Park) Section
17.10.100 (Architectural
Standards: R-1-7 and R-1-
12 Zones)
Single Room Occupancy
Housing - - - CUP CUP P P
Supportive/Transitional
Housing P P P P P P P
Retail, Service, and Office Uses
Kennel CUP CUP CUP - - - -
Subdivision Sales Office P P P P P P P
Veterinary Clinic, Large CUP CUP CUP - - - -
Veterinary Clinic, Small CUP CUP CUP - - - -
Public, Utility, Transportation, and Communication Uses Public and Quasi-Public
Use CUP CUP CUP CUP CUP CUP CUP
Utility Facility and
Infrastructure CUP CUP CUP CUP CUP CUP CUP
Wireless
Telecommunication
Facility, Small Cell
CUP CUP CUP CUP CUP CUP CUP
Wireless
Telecommunication
Facility, Tower
CUP CUP CUP CUP CUP CUP CUP See Section 17.40.070
580
Section 6, Item A.
Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.10 Final Draft – March 2024
5 Table 17.10-2
Development Standards – Residential Zones
Development
Feature
(minimum unless
otherwise specified)
Zone
RR RR-43 RR-100 R-1-7 R-1-12 R-2 R-3
General
Density (max. du/ac) 2 2 2 9-12 9-12 12 20-24
Structure Coverage
(max. percentage of
total parcel area)
40 40 40 40 40 50 50
Parcel Size 0.5 acres 1.0 acres 2.5 acres 7,000 sq.
ft.
12,000 sq.
ft.
7,000 sq.
ft.
7,000 sq.
ft.
Height (max. ft.)
Main Structure 35 35 35 35 35 35 455
Accessory Structure 45 45 45 121,7 121,7 121 121
Parcel Dimensions
Depth to Width Ratio
(max.) 3:1 3:1 3:1 n/a n/a n/a n/a
Depth (ft.) n/a n/a n/a 100 100 n/a n/a
Width (ft.)
Interior Parcels 120 120 120 70 120 70 70
Cul-de-sac Parcels 60 60 60 40 65 40 40
Corner Parcels 120 120 120 75 120 75 75
Reverse Corner
Parcels n/a n/a n/a 70 120 70 70
Yards (ft.)2
Front 35 35 35 204,6 206 156 156
Rear 25 25 25 153 153 103 103
Side
Interior Parcels 15 15 15 5 5 5 5
Corner Parcel: Street
Side 35 35 35 108 108 5 5
Specific Standards
1 Garages and carports are allowed a maximum height of 15 feet. [Source: 17.40.040.D.2] 2 All required yards shall extend the full width or depth of the parcel and shall be open from the ground to the sky, with the following exceptions:
A. Belt courses, cornices, eaves, sills, fireplace chimneys and other similar architectural features may extend or project into a required side yard not more than seven inches for each one foot of the width of such required side yard and may extend or project into a front or rear yard not more than thirty-six inches.
B. Uncovered, unenclosed porches, platforms, or landing places which do not extend above the level of the first floor of the building may extend into any front yard not more than six feet and may extend into any side or rear yard not more than three feet.
C. Open, unenclosed stairways or balconies not covered by a roof or canopy may extend or project into a required front yard not more than thirty-six inches. [Source: 17.36.040.E, 17.42.040.F.4] 581
Section 6, Item A.
Chapter 17.10 Residential Zones
6 Table 17.10-2
Development Standards – Residential Zones
Development
Feature
(minimum unless
otherwise specified)
Zone
RR RR-43 RR-100 R-1-7 R-1-12 R-2 R-3
3 Covered patios are allowed to encroach up to five feet from the rear property line subject to approval of a minor deviation if they meet the following:
A. The lot must meet the structure coverage requirement; B. Patio cannot be enclosed;
C. Must maintain a minimum five-foot setback-clear to the sky; D. The patio roof cannot exceed 12 feet in height with a maximum pitch of 2 to 12; and E. The applicant shall submit a plot plan for a Building Permit in addition to the structural renderings. [Source:
17.40.040,E.4.d, modified] 4 Cul-de-sac and curved parcels within the R-1-7 zone shall have a front yard setback distance of 15 feet. A curved parcel is a parcel that has frontage of 50 percent or more along a curved street with a curve radius of 100 feet or less. [Source:
17.40.040.E.1.a, modified]
5 The structure height in the R-3 zone shall be limited to a single-story within 75 feet of either an R-1-7 or R-1-12 zone. [Source: 17.42.040.E.1]
6 Building additions or expansions are allowed to encroach up to five feet from the standard front setback subject to the approval of minor deviation.
7 The maximum height of flagpoles, antennas, and the similar features shall have a maximum height of 80 feet. [Source: 8 Street side setback standards for corner parcels shall apply to both structures and fences. NEW] 582
Section 6, Item A.
Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.10 Final Draft – March 2024
7 Figure 17.10-1
Minimum Parcel Dimensions: R-1, R-1-7, R-1-12 Zones
583
Section 6, Item A.
Chapter 17.10 Residential Zones
8 Figure 17.10-2
Minimum Parcel Dimensions: R-2, R-3 Zones
584
Section 6, Item A.
Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.10 Final Draft – March 2024
9 Figure 17.10-3
Yard Requirements: R-1, R-1-7, R-1-12 Zones
Figure 17.10-4
Yard Requirements: R-2, R-3 Zones
585
Section 6, Item A.
Chapter 17.10 Residential Zones
10 17.10.040 Accessory Structures
Construction of accessory structures shall be consistent with the standards established in Chapter 17.22 (Accessory Structures). [Source: 17.40.050]
17.10.050 Signs
Signs shall be consistent with the requirements of Chapter 17.30 (Sign Regulations). [Source: 17.36.050,
17.40.060, 17.42.050]
17.10.060 Fences, Walls, and Hedges
A. Fences, walls, and hedges shall be consistent with the clear vision triangle provisions established in Section 17.20.030 (Clear Vision Triangle). [Source: 17.36.060.A, 17.40.070.A, 17.42.060.A] B. Fences, walls, and hedges shall not exceed seven feet in height in any rear or side yard, except where a six feet block wall are required. [Source: 17.36.060.B, 17.40.070.B, 17.42.060.B] C. Fences, walls, and hedges shall not exceed 42 inches in height in any required front yard area, in compliance with Chapter 17.24 (Fences, Walls, and Hedges). [Source: 17.36.060.C, 17.40.070.D,
17.42.060.C, 17.42.060.D, modified]
D. Swimming pools shall be entirely enclosed by a wall or fence at least five feet in height and be selfclosing, or as required by California Building Code. [Source: 17.36.060.D, 17.40.070.E, 17.42.060.E] E. Fences or structures exceeding seven feet in height, to enclose tennis courts or other game areas, located within the rear half of a lot shall be composed of wire mesh capable of admitting at least 90 percent of light as measured on a calibrated light meter. [Source: 17.36.060.E, 17.40.070.F,
17.42.060.F]
F. All fence posts to be placed in the ground shall be treated prior to installation to prevent rot or insect damage. [Source: 17.36.060.F]
G. On property developed with four or more dwelling units, all property lines that adjoin a single-unit residential zone shall construct a seven-foot solid masonry wall along the adjoining property lines.
For the purpose of this Subsection, when properties are separated by an alley, they are considered to adjoin and a wall shall be constructed along the side of the alley which is in the R-2 or R-3 zones. [Source: 17.42.060.G]
586
Section 6, Item A.
Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.10 Final Draft – March 2024
11 17.10.070 Parking
A. Off-street parking and loading shall be consistent with the requirements of Chapter 17.28 (Parking, Loading, and Access). [Source: 17.36.070, 17.40.080, 17.42.070] B. No more than fourty percent of any front, side,street side, or rear yard area shall be used for excess parking, beyond what is required by subsection (A) above.
C. A Zoning Clearance shall be required for any excess parking proposed beyond what is permitted by subsection (B) above.
D. Public Utility Easements shall not be hardscaped, unless permitted by the governing planning permit.
17.10.080 Recreation and Open Space.
A. Single-Family Dwelling zones. A minimum of 50 percent of the front yard area shall be landscaped with a combination of trees, turf, or shrubbery. Hybrid Bermuda or other grass that requires a minimum of water shall be encouraged. All landscaped areas shall be provided with an automatic irrigation system.
B. Multi-Family Dwelling zones. On each building site where there are more than 10 multi-unit dwellings proposed, there shall be provided landscaped and usable recreational and open space areas equaling at least five percent of the net parcel area or 400 square feet for each dwelling unit, whichever is deemed most feasible by the Director. Usable open space shall mean the area within the project site which is suitable for use by the residents of the residential development, not including parking areas, private patios, required building separations, storage areas, parking access, and/or front and side yards. [Source: 17.42.080]
17.10.090 Site Plan Review
A site plan for new construction of multi-unit dwellings or construction that increases the square footage or the number of units within the R-2 and R-3 zones shall be submitted to the Planning Division. [Source:
17.42.090, modified]
17.10.100 Architectural Standards: R-1-7, and R-1-12 Zones In addition to the standards established in Chapter 17.48 (Single-Unit Dwelling Design Standards), the following architectural standards shall apply to all single-unit dwellings, including mobile homes, in the R1-7 and R-1-12 zones. Design standards for multi-unit dwelling development is established in Chapter 17.46 (Multi-Unit Dwelling Design Standards).[Source: 17.40.090] 587
Section 6, Item A.
Chapter 17.10 Residential Zones
12 A. The minimum width of a primary single-unit dwelling or mobile home shall be twenty feet. [Source:
17.40.090.A]
B. Mobile homes must be certified under the National Manufactured Home Construction and Safety Standards Act of 1974. [Source: 17.40.090.B]
C. All dwelling units shall be attached to a permanent foundation, pursuant to the State Health and Safety Code, Section 18551. [Source: 17.40.090.C]
D. Roofing material shall be composed of composition shingles, ceramic or concrete tile. [Source:
17.40.090.D]
E. Exterior siding material shall be composed of, or look like, wood, masonry, or plaster. [Source:
17.40.090.E]
F. Siding shall extend to the ground, except when a solid concrete or masonry perimeter foundation or retaining wall is used, in which case, the material need only extend to the top of the foundation or wall. [Source: 17.40.090.F]
G. The roof pitch shall not be less than three inches of vertical rise for every 12 inches of horizontal run, or as deemed necessary by the Building Official. [Source: 17.40.090.G] 588
Section 6, Item A.
Chapter 17.12
Commercial, Office, and MixedUse Zones
589
Section 6, Item A.
Chapter 17.12 Commercial, Office, and Mixed-Use Zones
14 Chapter 17.12 Commercial, Office, and Mixed-Use Zones
17.12.010 Purpose and Intent of Commercial, Office, and Mixed-Use Zones The purpose and intent of the commercial, office, and mixed-use zones are as follows:
A. CG – General Commercial Zone. The purpose of the General Commercial (CG) zone is to provide areas of the City that allow a wide range of commercial, and office uses which are diverse, visually pleasing, convenient in terms of parking and access, attractive, and used by citizens and visitors.
The CG zone implements the General Commercial (GC), Regional Commercial (RC), and Office (O) land use designations in the General Plan. [Source: 17.48.010, modified] B. CN – Neighborhood Commercial Zone. The purpose of the Neighborhood Commercial (CN) zone is to provide areas of the City for limited types of commercial centers adjacent to or within residential neighborhoods. These commercial centers shall provide shopping goods for residents of the neighborhood which are typically needed on a weekly basis. This type of commercial center should be designed in a manner which minimizes the impact to the adjacent neighborhood in terms of noise, traffic, and light. The appearance of the center shall be compatible with the aesthetic quality and character of the adjacent neighborhood. The CN zone implements the Neighborhood Commercial (NC) land use designation in the General Plan. [Source: 17.46.010, modified] C. CS – Service Commercial Zone. The purpose of the Service Commercial (CS) zone is to provide areas in the City that allow for wholesale and heavy commercial uses and services which are not suited for other commercial zones. The CS also provides areas for light industrial uses which manufacture, assemble, or package products within a structure and do not emit fumes, odor, dust, smoke, or gas beyond the confines of the structure. The CS zone implements the General Commercial (GC), Service Commercial (SC), and Regional Commercial (RC) land use designations in the General Plan. [Source: 17.50.010, modified]
D. MU – Mixed-Use Zone. The purpose of the Mixed-Use (MU) zone is to provide areas of the City that allow for a combination of residential, office, and essential commercial uses e.g. pharmacies, laundromats, grocery stores. The MU zone does not authorize uses of a service or industrial nature or those generating high volumes of vehicle traffic. All project proponents shall also submit a site plan review for the entire developable area as required in Chapter 17.80 (Site Plan Review Permit).
The MU zone implements the Mixed-Use land use designation in the General Plan. [Source:
17.45.010, modified]
590
Section 6, Item A.
Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.12 Final Draft – March 2024
15 E. PA – Professional and Administrative Office Zone. The purpose of the Professional and Administrative Office (PA) zone is to provide areas in the City which are appropriate for office development and identify residential sites which, due to their location, are appropriate for transition to office use. The PA zone implements the Office (O) land use designation in the General Plan. [Source: 17.44.010, modified]
17.12.020 Commercial, Office, and Mixed-Use Zones Land Use Regulations A. Table 17.12-1 Land Use Regulations – Commercial, Office, and Mixed-Use Zones. Table 17.12-1 (Land Use Regulations – Commercial, Office, and Mixed-Use Zones) establishes the uses allowed within the commercial, office, and mixed-use zones and any permits required to establish the use [Source:
NEW]
B. Uses Not Listed. Land uses not listed in Table 17.12-1 (Land Use Regulations – Commercial, Office, and Mixed-Use Zones) are not allowed, in compliance with Section 17.04.030 (Uses Not Classified). [Source: NEW]
C. Additional Regulations. The right-hand column in Table 17.12-1 (Land Use Regulations – Commercial, Office, and Mixed-Use Zones) indicates additional regulations that may apply to the use. Provisions in other sections of this Zoning Code may also apply. [Source: NEW] D. Twenty-Four-Hour Uses. Any use established in Table 17.12-1 (Land Use Regulations – Commercial, Office, and Mixed-Use Zones) that is proposed to operate 24-hours a day shall require the approval of a Conditional Use Permit. [Source: NEW]
Table 17.12-1
Land Use Regulations – Commercial, Office, and Mixed-Use Zones Key: P = Allowed by Right; AUP = Administrative Use Permit; (−) = Not Allowed CUP = Conditional Use Permit
Land Use
(see Article 8 for land use
definitions)
Permit Requirement by Zone
Additional Regulations CG CN CS MU PA
Industrial, Manufacturing, & Processing Uses2
Accessory Structure, Industrial - - P - -
Breweries, Distilleries, Wineries - - CUP - -
Community Composting - - CUP - -
Contractor Storage Yard - - AUP - -
Industrial, Minor - - CUP - -
Outdoor Storage AUP CUP AUP AUP -
Recycling Processing Facility - - CUP - -
Storage Facility, Personal - AUP AUP - -
591
Section 6, Item A.
Chapter 17.12 Commercial, Office, and Mixed-Use Zones
16 Table 17.12-1
Land Use Regulations – Commercial, Office, and Mixed-Use Zones Key: P = Allowed by Right; AUP = Administrative Use Permit; (−) = Not Allowed CUP = Conditional Use Permit
Land Use
(see Article 8 for land use
definitions)
Permit Requirement by Zone
Additional Regulations CG CN CS MU PA
Warehousing and Distribution
Facility - - CUP - -
Wholesale CUP
Human Services Uses
Ambulance Service CUP - CUP - -
Community Care Facility, Large - - - CUP -
Community Care Facility, Small - - - P -
Day Care Center - CUP CUP CUP CUP
Emergency Shelter - - P - - Section 17.40.030
Hospital CUP - CUP - CUP
Low Barrier Navigation Center - - - P -
Mortuary or Funeral Home CUP - P - -
Recreation, Education, and Public Assembly Uses
Athletic Club CUP - CUP CUP -
Card Room CUP - CUP - -
Commercial Recreation and
Entertainment Facility, Indoor CUP - CUP CUP -
Commercial Recreational and
Entertainment Facility, Outdoor - - CUP CUP -
Event Venue CUP - CUP - CUP
Place of Assembly CUP - CUP - -
Recreational Vehicle Park - - CUP - -
School, Private and Vocational CUP - CUP CUP CUP
Residential Uses
Accessory Structure, Residential - - - P - Chapter 17.22 (Accessory Structures) Boarding House - - - CUP -
Caretaker's Residence P P P P P
Cottage Food Operation P - - P -
Dwelling, Accessory Dwelling Unit
(ADU) P - - P - Section 17.40.010 (Accessory Dwelling Unit) Dwelling, Multi-Unit (Up to 40
units) P - - P - Chapter 17.46 (Multi-Unit Dwelling Objective Design Standards) Dwelling, Multi-Unit (41 or more
units) CUP - - CUP -
Employee Housing P - - P P
Group Home - - - P P
Home Occupation P - - P - Section 17.40.040 (Home
Occupation)
Mobile Home Park - - CUP - - Section 17.40.050 (Mobile Home Park)
592
Section 6, Item A.
Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.12 Final Draft – March 2024
17 Table 17.12-1
Land Use Regulations – Commercial, Office, and Mixed-Use Zones Key: P = Allowed by Right; AUP = Administrative Use Permit; (−) = Not Allowed CUP = Conditional Use Permit
Land Use
(see Article 8 for land use
definitions)
Permit Requirement by Zone
Additional Regulations CG CN CS MU PA
Transitional/Supportive Housing P - - P -
Single Room Occupancy Housing - - - CUP -
Retail, Service, and Office Uses
Accessory Structure, Commercial P P P P P Chapter 17.22 (Accessory Structures) Agricultural Service Establishment - - AUP - -
Alcohol Beverage Sales CUP CUP CUP - -
Auction Establishment - - CUP - -
Automated Vending and
Dispensing Machine P P P P P
Bank and Financial Institution P P P P P
Bar CUP - CUP - -
Broadcasting and Film Recording
Studio CUP - CUP - CUP
Building Materials and Lumber
Sales AUP - AUP - -
Carwash CUP CUP CUP CUP -
Drive-Through Sales and Service CUP - CUP CUP -
Equipment Sales and Rental
Facility CUP - P - -
Food Commissary - - AUP - -
Hotel/Motel CUP - CUP CUP -
Kennel - - CUP - -
Manufactured Home Sales and
Repair - - AUP - -
Mobile Food Vendor P P P P P Section 8.40 (Mobile Food Vendors) Office P P P P P
Office, Accessory P P P P P
Outdoor Dining AUP AUP AUP AUP -
Outdoor Sales AUP AUP AUP AUP -
Personal Service, General P P P P AUP
Personal Service, Restricted CUP - CUP - - See section 9.27 (Massage Establishments and Therapists)
Printing Shop P P P P P
Restaurant P AUP P P -
Restaurant, Drive-Through1 CUP - CUP CUP -
Retail Sales, General P P P P -
Retail Sales, Grocery or
Supermarket P P P P -
593
Section 6, Item A.
Chapter 17.12 Commercial, Office, and Mixed-Use Zones
18 Table 17.12-1
Land Use Regulations – Commercial, Office, and Mixed-Use Zones Key: P = Allowed by Right; AUP = Administrative Use Permit; (−) = Not Allowed CUP = Conditional Use Permit
Land Use
(see Article 8 for land use
definitions)
Permit Requirement by Zone
Additional Regulations CG CN CS MU PA
Retail Sales, Neighborhood
Market P P P P -
Retail Sales, Nursery and Garden
Supply (less than 5,000 sq. ft.) CUP - AUP - -
Retail Sales, Restricted CUP - CUP - -
Retail Sales, Secondhand AUP AUP AUP AUP -
Retail Sales, Wholesale - - P - -
Veterinary Clinic, Large CUP - P - -
Veterinary Clinic, Small AUP CUP P - -
Public, Utility, Transportation, and Communication Uses Parking Area CUP - CUP - -
Public and Quasi-Public Use CUP CUP CUP CUP CUP
Transit Station and Terminal CUP CUP CUP CUP CUP
Truck Storage and Parking Yard - - CUP - -
Utility Facility and Infrastructure CUP CUP CUP CUP CUP Wireless Telecommunication
Facility, Small Cell CUP - CUP - -
Wireless Telecommunication
Facility, Tower CUP CUP CUP CUP CUP See Section 17.40.070 Vehicle Oriented Uses
Truck Service Station - - CUP - -
Vehicle, Boat, and Trailer Sales,
New and Used CUP - CUP - -
Vehicle Fueling Station2 CUP CUP CUP - -
Vehicle Rental Facility CUP - CUP - -
Vehicle Repair and Service, Major - - AUP - -
Vehicle Repair and Service, Minor CUP - AUP - -
Specific Standards
1 Twenty-four-hour drive-through establishments are prohibited when the subject parcel is abuts a residential zone. [Source: NEW] 2 Above ground fuel storage tanks shall require the approval of a Conditional Use Permit. [Source: NEW]
17.12.030 Commercial, Office, and Mixed-Use Zones Development Standards Table 17.12-2 Development Standards – Commercial, Office, and Mixed-Use Zones. Table 17.12-2 (Development Standards – Commercial, Office, and Mixed-Use Zones) establishes parcel and structure standards that apply to all development in the specified zone. Provisions in other sections of this Zoning Code may also apply. [Source: NEW]
594
Section 6, Item A.
Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.12 Final Draft – March 2024
19 Table 17.12-2
Development Standards – Commercial, Office, and Mixed-Use Zones Development Feature
(minimum unless otherwise
specified)
Zone
CG CN CS MU PA
General
Density (max. du/ac) n/a n/a n/a 20 n/a
Floor Area Ratio (FAR) 0.3-1.09 0.5 0.3 1.09 1.0
Parcel Size 6,000 sq. ft.1 Min: 1 acre 6,000 sq. ft. 7,000 sq. ft. None Max: 5 acres
Height (max. ft.) 355 35 355 355 35
Yards (ft.)2
Front 108 106, 8 103 108 57
Rear
Adjacent to Nonresidential
Zone None None 5 None None
Adjacent to Residential Zone 10 10 15 104 10
Side
Adjacent to Nonresidential
Zone 10 10 10 10 10
Adjacent to Residential Zone 20 20 20 10 10
Specific Standards
1 The minimum parcel size for newly created parcels that are without existing structures shall be 6,000 square feet. There shall be no minimum parcel size for parcels which contain existing structures. [Source: 17.48.040.A] 2 Required yard areas shall not be used for parking or loading activities. [Source: 17.48.040.C.4, modified] 3 Parcels in the CS zone shall have a 10-foot yard area, except those parcels fronting Whitesbridge Road shall have a front yard setback of 20 feet, as measured from the front property line. To the maximum extent possible, this yard area shall be landscaped. [Source: 17.50.040.C.1]
4 A development within the MU zone that abut residential uses also within the MU zone shall not be subject to this standard. The setback for the use in the MU zone shall be the same as the setback in the adjoining property. [Source:
17.45.030.C.3]
5 Structures up to 60 feet in height may be allowed with the approval of a Conditional Use Permit. [Source: 17.48.040.B] 6 Parcels in the CN zone shall have a 10-foot rear yard setback except when the site is adjacent to residential uses, in which case the setback shall be equal to the setback of the adjacent residential use. [Source: 17.46.040.C] 7 Parcels in the PA zone shall have five-foot rear yard setback except when the lot abuts a residential dwelling in which case the setback distance shall be the same as the adjoining residential units. If there are residential units on both sides of the subject parcel with differing yard area, the yard area shall be within the range of the setbacks of the adjoining units.
Parcels fronting Whitesbridge Road shall have a front yard setback of 20 feet, as measured from the front property line.
To the maximum extent possible, this yard area shall be landscaped. [Source: 17.44.40.D.1, modified] 8 Parcels in these zones and those properties along Whitesbridge Road shall have a 20-foot front yard setback, except for the following situations:
A. Parcels fronting Madera Avenue north of Kearney Boulevard shall have a front yard setback of 10 feet as measured from the front property line. Parcels fronting Whitesbridge Road shall have a front yard setback of 20 feet, as measured from the front property line. To the maximum extent possible, this area shall be landscaped. 595
Section 6, Item A.
Chapter 17.12 Commercial, Office, and Mixed-Use Zones
20 Table 17.12-2
Development Standards – Commercial, Office, and Mixed-Use Zones Development Feature
(minimum unless otherwise
specified)
Zone
CG CN CS MU PA
B. Parcels fronting Madera Avenue between California Avenue and Kearney Boulevard shall be set so that at least onehalf of the front property line coincides with a building wall to the maximum extent possible. [Source:
17.48.040.C.1, modified] 9 Floor Area Ration (FAR) shall apply to non-residential uses only.
17.12.040 Accessory Structures
Construction of accessory structures shall be consistent with the standards established in Chapter 17.22 (Accessory Structures). [Source: 17.48.080, 17.46.080, 17.50.080, 17.45.070, 17.44.080]
17.12.050 Signs
Signs shall be consistent with the requirements of Chapter 17.30 (Sign Regulations). [Source: 17.48.050,
17.46.050, 17.50.050, 17.45.040, 17.44.050]
17.12.060 Fences, Walls, and Hedges
A. Fences, walls, and hedges shall be consistent with the requirements for residential zones as established in Chapter 17.24 (Fences, Walls, and Hedges). [Source: 17.48.060, 17.46.060,
17.50.060, 17.45.050, 17.44.060]
B. A solid masonry wall not less than seven feet in height shall be constructed along the property line which separates this district from a residential district. Developments within the M-U district that abut residential uses also located within the M-U district shall not be subject to this requirement.
The requirement for a masonry wall may also be waived when an alley separates this district from a residential district. [Source: 17.45.050]
17.12.070 Parking
A. Parking in all Commercial, Office, and Mixed-Use Zones. Off-street parking and loading standards shall be consistent with the requirements of Chapter 17.28 (Parking, Loading, and Access). [Source:
17.48.070, 17.46.070, 17.50.070, 17.45.060, 17.44.070]
596
Section 6, Item A.
Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.12 Final Draft – March 2024
21 B. General Commercial (CG) Zone Parking. Parking lots on parcels in the CG zone that front Madera Avenue between California Avenue and Kearney Boulevard, to the extent possible, shall be located to the rear of structures. To the extent possible, access to the parking lots shall be from the alley. [Source: 17.48.070, modified]
C. Mixed-Use (MU) Zone Parking. To the extent possible, parking lots in the MU zone, shall be located to the side or rear of the parcel. [Source: 17.45.060, modified]
17.12.080 Site Plan Review
A site plan shall be submitted to the Planning Division for approval before any new structure is constructed, use established, or parking facilities are installed on parcel within the mixed use, commercial, and office zones. This provision shall also apply to all uses proposing to occupy a parcel which does not have adequate parking or related parcel improvements for the use or increase in occupancy intensity. [Source: 17.48.090,
17.48.090, 17.50.100, 17.44.090, modified]
597
Section 6, Item A.
Chapter 17.12 Commercial, Office, and Mixed-Use Zones
22 This page intentionally left blank.
598
Section 6, Item A.
Chapter 17.14
Industrial Zones
599
Section 6, Item A.
Chapter 17.14 Industrial Zones
24 Chapter 17.14 Industrial Zones
17.14.010 Purpose and Intent of Industrial Zones
The purpose and intent of the industrial zones are as follows:
A. M-1 – Light Manufacturing Zone. The purpose of the Light Manufacturing (M-1) zone is to provide areas in the City that allow for light industrial and heavy commercial types of activities; protect industrial areas from the intrusion of incompatible types of land uses; adhere to performance standards provided for the protection of City residents and the environment; and accommodate industrial employment opportunities for residents. The M-1 zone implements the Industrial (I) land use designation in the General Plan. [Source: 17.52.010, modified] B. M-2 – Heavy Manufacturing. The purpose of the Heavy Manufacturing (M-2) zone is to provide for the development of a full range of compatible industrial uses and to provide for the design and operation of these uses in a manner which is physically attractive, does not conflict with other uses in or surrounding the district, and is compatible with the physical environment of the district. The M-2 zone implements the Industrial (I) land use designation in the General Plan. [Source:
17.54.010, modified]
17.14.020 Industrial Zones Land Use Regulations
A. Table 17.14-1 Land Use Regulations – Industrial Zones. Table 17.14-1 (Land Use Regulations – Industrial Zones) establishes the uses allowed within each industrialzone and any permits required to establish the use [Source: NEW]
B. Uses Not Listed. Land uses not listed in Table 17.14-1 (Land Use Regulations – Industrial Zones) are not allowed, in compliance with Section 17.04.030 (Uses Not Classified). [Source: NEW] C. Additional Regulations. The right-hand column in Table 17.14-1 (Land Use Regulations – Industrial Zones) indicates additional regulations that may apply to the use. Provisions in other sections of this Zoning Code may also apply. [Source: NEW]
D. Allowed Uses. The allowed uses established in Table 17.14-1 (Land Use Regulations – Industrial Zones) shall be allowed in the subject zones to the extent that the following conditions are not associated with the use:
1. The use does not involve the disposal of wastewater which, due to its content or flow, will have a significant impact on the City wastewater treatment plant; and 600
Section 6, Item A.
Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.14 Final Draft – March 2024
25 2. The use would place a significant demand on the City’s water system. The term "significant" shall be determined by the City Engineer after a review of the use’s water demand and wastewater treatment requirements. [Source: 17.52.020, modified] E. Twenty-Four-Hour Uses. Any nonresidential use established in Table 17.14-1 (Land Use Regulations – Industrial Zones) that is proposed to operate 24-hours a day and is located within 300 feet of a residential zone boundary line, shall require the approval of a Conditional Use Permit. For the purpose of this Subsection, this distance shall be measured in a straight line from the property line of the parcel in which the 24-hour use is to be proposed, to the nearest point on the adjacent residential zone boundary line. [Source: NEW]
F. Above Ground Fuel and Gas Tanks. Above ground fuel and gas storage tanks shall require the approval of a Conditional Use Permit. [Source: NEW]
Table 17.14-1
Land Use Regulations – Industrial Zones
Key: P = Allowed by Right; AUP = Administrative Use Permit; (−) = Not Allowed CUP = Conditional Use Permit
Land Use
(see Article 8 for land use
definitions)
Permit Requirement by Zone
Additional
M-1 M-2 Regulations
Agriculture, Resource, & Open Space Uses
Agricultural Processing, Large AUP P
Agricultural Processing, Small P P
Agriculture, Horticulture - CUP
Industrial, Manufacturing, & Processing Uses
Accessory Structure, Industrial P P Chapter 17.22 (Accessory Structures)
Breweries, Distilleries, Wineries CUP CUP
Community Composting CUP -
Contractor Storage Yard P P
Industrial, Major AUP P
Industrial, Minor P P
Outdoor Storage AUP AUP
Recycling Processing Facility CUP CUP
Storage Facility, Personal AUP -
Storage Facility, Restricted CUP CUP
Warehousing and Distribution
Facility P P
Human Services Uses
Ambulance Service AUP -
Emergency Shelter P - Section 17.40.030
Residential Uses
601
Section 6, Item A.
Chapter 17.14 Industrial Zones
26 Table 17.14-1
Land Use Regulations – Industrial Zones
Key: P = Allowed by Right; AUP = Administrative Use Permit; (−) = Not Allowed CUP = Conditional Use Permit
Land Use
(see Article 8 for land use
definitions)
Permit Requirement by Zone
Additional
M-1 M-2 Regulations
Accessory Structure, Residential P P Chapter 17.22 (Accessory Structures)
Caretaker's Residence P P
Employee Housing AUP AUP
Group Home CUP CUP
Retail, Service, and Office Uses
Agricultural Service Establishment P P
Alcohol Beverage Sales CUP CUP
Athletic Club CUP -
Auction Establishment CUP -
Building Materials and Lumber
Sales P -
Equipment Sales and Rental Facility P -
Food Commissary AUP -
Kennel CUP -
Infectious Disease Laboratory - CUP
Manufactured Home Sales and
Repair AUP -
Office AUP AUP
Office, Accessory P P
Outdoor Sales CUP -
Retail Sales, Nursery and Garden
Supply CUP -
Retail Sales, Wholesale AUP -
Tasting Room CUP CUP
Veterinary Clinic, Large CUP -
Veterinary Clinic, Small AUP -
Public, Utility, Transportation, and Communication Uses Airport - CUP
Private Parking Facility AUP -
Public and Quasi-Public Use CUP CUP
Solar Energy Generation Facility,
Major - CUP
Solar Energy Generation Facility,
Minor - AUP
Transit Station and Terminal P P
Truck Storage and Parking Yard AUP AUP
Utility Facility and Infrastructure P P
Wireless Telecommunication
Facility, Tower CUP CUP See Section 17.40.070
602
Section 6, Item A.
Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.14 Final Draft – March 2024
27 Table 17.14-1
Land Use Regulations – Industrial Zones
Key: P = Allowed by Right; AUP = Administrative Use Permit; (−) = Not Allowed CUP = Conditional Use Permit
Land Use
(see Article 8 for land use
definitions)
Permit Requirement by Zone
Additional
M-1 M-2 Regulations
Wireless Telecommunication
Facility, Tower CUP CUP
Vehicle Oriented Uses
Truck Service Station P P
Vehicle, Boat, and Trailer Sales,
New and Used CUP -
Vehicle Repair and Service, Major CUP -
Vehicle Repair and Service, Minor AUP -
Vehicle Salvage and Dismantling
Facility - CUP
17.14.030 Industrial Zones Development Standards
Table 17.14-2 Development Standards – Industrial Zones. Table 17.14-2 (Development Standards – Industrial Zones) establishes parcel and structure standards that apply to all development in the specified zone.
Provisions in other sections of this Zoning Code may also apply. [Source: NEW] Table 17.14-2
Development Standards – Industrial Zones
Development Feature
(minimum unless otherwise specified)
Zone
M-1 M-2
General
Floor Area Ratio (FAR) 0.3 0.3
Parcel Size 6,000 sq. ft. 0.5 acre
Height (max. ft.) 55 55
Yards (ft.)
Front 102 25
Rear1
Adjacent to Nonresidential Zone None None
Adjacent to Residential Zone 50 50
603
Section 6, Item A.
Chapter 17.14 Industrial Zones
28 Table 17.14-2
Development Standards – Industrial Zones
Development Feature
(minimum unless otherwise specified)
Zone
M-1 M-2
Side1
Adjacent to Nonresidential Zone None None
Adjacent to Residential Zone 50 50
Specific Standards
1 The rear and side yard area can be used for parking and storage. Where the yard is adjacent to a residential district, material and equipment shall not be stacked higher than six feet. [Source: 17.52.040, 17.54.040.D] 2 Parcels fronting Whitesbridge Road shall have a front yard setback of 60 feet, as measured from the front property line.
17.14.040 Accessory Structures
Construction of accessory structures shall be consistent with the standards established in Chapter 17.22 (Accessory Structures). [Source: 17.52.050, 17.54.050]
17.14.050 Signs
Signs shall be consistent with the requirements of Chapter 17.30 (Sign Regulations). [Source: 17.52.060,
17.54.060]
17.14.060 Fences, Walls, and Hedges
A. The maximum height of fences, walls, and hedges shall be seven feet. Where a parcel abuts a residential zone a seven-foot solid block, masonry or brick wall shall be erected on the property line between the two zones. [Source: 17.52.070.A, 17.54.070.A] B. Construction of fences more than seven feet, but not to exceed nine feet, when deemed necessary to protect the public health and safety of surrounding uses may be approved through a Conditional Use Permit. [Source: 17.52.070.A.1, 17.54.070.A.1, modified] C. Chain-linked fences shall include privacy slats, except where the zone abuts a residential zone.
Fences abutting a residential zone shall be of CMU block, seven feet in height. [Source: 17.52.070.B,
17.54.070.B]
D. Any fence requiring barbed wire or any other form of non-electrical privacy or security measure shall be subject to a Conditional Use Permit.
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Section 6, Item A.
Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.14 Final Draft – March 2024
29 17.14.070 Parking
A. Parking in all Commercial, Office, and Mixed-Use Zones. Off-street parking and loading standards shall be consistent with the requirements of Chapter 17.28 (Parking, Loading, and Access). [Source:
17.52.080, 17.54.080]
B. Industrial and Manufacturing Uses Not Listed. Industrial and manufacturing uses not specifically identified in Chapter 17.28 (Parking, Loading, and Access) parking shall be provided at a ratio of at least one space for every permanent employee on the maximum work shift, one space for each truck operated by the concern and one space for each sales person permanently employed. [Source: 17.52.080, 17.54.080]
17.14.080 Site Plan Review
A site plan shall be submitted to the Planning Division for approval before any new structure is constructed, use established, or parking facilities are installed on parcel within the industrial zones. This provision shall also apply to all uses proposing to occupy a parcel which does not have adequate parking or related parcel improvements for the use or increase in occupancy intensity. [Source: 17.52.100, 17.54.100, modified] 605
Section 6, Item A.
Chapter 17.14 Industrial Zones
30 This page intentionally left blank.
606
Section 6, Item A.
Chapter 17.16
Public and Quasi-Public Zones
607
Section 6, Item A.
Chapter 17.16 Public and Quasi-Public Zones
32 Chapter 17.16 Public and Quasi-Public Zones
17.16.010 Purpose and Intent of Public and Quasi-Public Zones The purpose and intent of the public and quasi-public zones are as follows:
A. O – Open Space, Recreation, and Public Facilities Zone. The purpose of the Open Space, Recreation, and Public Facilities (O) zone is to provide for sufficient space to accommodate the community’s need for a wide range of public uses, such as parks, playgrounds, cultural and educational facilities, and infrastructure systems; to protect lands whose primary purpose is to remain in open space such as wildlife sanctuaries, wetlands, reservoirs, and agriculture; and, to prevent development of areas which are environmentally sensitive, such as floodplains, and geologically hazardous sites.
The O zone implements the Public (PUB), Parks (P), and Ponding Basin (PB) land use designations in the General Plan. [Source: 17.34.010, modified]
B. UR – Urban Reserve Zone. The purpose of the Urban Reserve (UR) zone is to is to preserve land for agriculture; serve as a holding zone for future urban development; and prevent the encroachment of urban uses or incompatible agriculturally-related uses. The UR zone implements the Urban Reserve (UR) land use designation in the General Plan. [Source: 17.32.010, modified]
17.16.020 Public and Quasi-Public Zones Land Use Regulations A. Table 17.16-1 Land Use Regulations – Public and Quasi-Public Zones. Table 17.16-1 (Land Use Regulations – Public and Quasi-Public Zones) establishes the uses allowed within the public and quasi-public zones and any permits required to establish the use [Source: NEW] B. Uses Not Listed. Land uses not listed in Table 17.16-1 (Land Use Regulations – Public and QuasiPublic Zones) are not allowed, in compliance with Section 17.04.030 (Uses Not Classified). [Source:
NEW]
C. Additional Regulations. The right-hand column in Table 17.16-1 (Land Use Regulations – Public and Quasi-Public Zones) indicates additional regulations that may apply to the use. Provisions in other sections of this Zoning Code may also apply. [Source: NEW] 608
Section 6, Item A.
Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.16 Final Draft – March 2024
33 Table 17.16-1
Land Use Regulations – Public and Quasi-Public Zones
Key: P = Allowed by Right; AUP = Administrative Use Permit; (−) = Not Allowed CUP = Conditional Use Permit
Land Use
(see Article 8 for land use
definitions)
Permit Requirement by Zone
Additional
O UR Regulations
Agriculture, Resource, & Open Space Uses
Accessory Structure, Agriculture P P Chapter 17.22 (Accessory Structures)
Agricultural Processing, Large - CUP
Agricultural Processing, Small - P
Agriculture, Animal Husbandry - P
Agriculture, Dairies CUP CUP
Agriculture, Horticulture P P
Beekeeping P P
Industrial, Manufacturing, & Processing Uses
Breweries, Distilleries, Wineries - CUP
Community Composting CUP CUP
Human Services Uses
Cemetery CUP CUP
Mortuary or Funeral Home CUP -
Recreation, Education, and Public Assembly Uses
Campground P CUP
Commercial Recreational and
Entertainment Facility, Outdoor CUP CUP
Place of Assembly - CUP
Recreational Vehicle Park - CUP
School, Private and Vocational CUP CUP
Residential Uses
Accessory Structure, Residential P P Chapter 17.22 (Accessory Structures)
Caretaker's Residence P P
Cottage Food Operation - P
Dwelling, Accessory Dwelling Unit
(ADU) - P Section 17.40.010 (Accessory Dwelling Unit)
Dwelling, Single-Unit P P Chapter 17.48 (Single-Unit
Dwelling Design Standards)
Employee Housing P P
Group Homes P P
Home Occupation P P Section 17.40.040 (Home
Occupation)
Mobile Home Park - CUP Section 17.40.050 (Mobile
Home Park)
Retail, Service, and Office Uses
Agricultural Service Establishment - P
Produce Stand - P
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Section 6, Item A.
Chapter 17.16 Public and Quasi-Public Zones
34 Table 17.16-1
Land Use Regulations – Public and Quasi-Public Zones
Key: P = Allowed by Right; AUP = Administrative Use Permit; (−) = Not Allowed CUP = Conditional Use Permit
Land Use
(see Article 8 for land use
definitions)
Permit Requirement by Zone
Additional
O UR Regulations
Tasting Room - CUP
Public, Utility, and Communication Uses
Airport - CUP
Private Parking Facility CUP -
Public and Quasi-Public Use CUP CUP
Solar Energy Generation Facility,
Major CUP -
Solar Energy Generation Facility,
Minor AUP -
Utility Facility and Infrastructure CUP CUP
Wireless Telecommunication
Facility, Small Cell CUP CUP
Wireless Telecommunication
Facility, Tower CUP CUP
17.16.030 Public and Quasi-Public Zones Development Standards Table 17.16-2 Development Standards – Industrial Zones. Table 17.16-2 (Development Standards – Public and Quasi-Public Zones) establishes parcel and structure standards that apply to all development in the specified zone. Provisions in other sections of this Zoning Code may also apply. [Source: NEW] Table 17.16-2
Development Standards – Public and Quasi-Public Zones
Development Feature
(minimum unless otherwise specified)
Zone
O UR
General
Density (max.) 1 dwelling unit per 5 acres n/a
Parcel Size (acres) 5 5
Distance Between Structures (ft.) n/a 30
Height (max. ft.)
Main Structure 35 35
Accessory Structure 45 801
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Section 6, Item A.
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35 Table 17.16-2
Development Standards – Public and Quasi-Public Zones
Development Feature
(minimum unless otherwise specified)
Zone
O UR
Yards (ft.)
Front 35 35
Rear 20 20
Side
Interior Parcels 15 15
Corner Parcel: Street Side 30 30
Corner Parcel: Interior Side 15 15
Reverse Corner Parcel 15 15
Specific Standards
1 The maximum height of a structure in this zone shall be 35 feet unless the structure is a water tank, silo, granary, wind machine, or other agricultural accessory building. These accessory structures can extend to a height of 80 feet. [Source:
17.32.050]
17.16.040 Signs
Signs shall be consistent with the requirements of Chapter 17.30 (Sign Regulations). [Source: 17.34.080,
17.32.080]
17.16.050 Fences, Walls, and Hedges
A. Fences, walls, and hedges shall be consistent with the site distance provisions established in Section
17.20.030 (Clear Vision Triangle). [Source: 17.34.090, c modified] B. Fences, walls, and hedges shall not exceed seven feet in height in any rear or side yard. [Source:
17.34.090, 17.32.090.B, modified]
C. Fences, walls, and hedges shall not exceed 36 inches in height in any required yard area. [Source:
17.34.090, 17.32.090.C, modified]
D. Swimming pools shall be entirely enclosed by a wall or fence at least five feet in height. The wall or fence shall be equipped with self-latching gates, the latching mechanism being located not less than four feet above the ground. The fence or wall must be installed and approved by the Building Division prior to the pool being filled with water, or as required by California Building Code. [Source:
17.34.090, 17.32.090.D, modified]
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Section 6, Item A.
Chapter 17.16 Public and Quasi-Public Zones
36 E. Fences or structures exceeding seven feet in height, to enclose tennis courts or other game areas, located within the rear half of a lot shall be composed of wire mesh capable of admitting at least 90 percent of light as measured on a calibrated light meter. [Source: 17.34.090, 17.32.090.D, modified]
17.16.060 Parking
Off-street parking and loading shall be consistent with the requirements of Chapter 17.28 (Parking, Loading, and Access). [Source: 17.34.100, 17.32.100]
612
Section 6, Item A.
Chapter 17.18
Combining Zones
613
Section 6, Item A.
Chapter 17.18 Combining Zones
38 Chapter 17.18 Combining Zones
17.18.010 Purpose and Intent of Combining Zones
The purposes and intent of the combining zones are as follows:
A. PD – Planned Development Combining Zone. The purpose of the Planned Development (PD) combining zone is to promote cluster development, provide for design flexibility, encourage the creation of open space areas, meet the changes in development technology, and be responsive to changes in market demand. The PD combining zone is designed to meet a higher standard of development through enhanced designed and amenities by providing flexibility in development standards than would otherwise be allowed through traditional development identified in this Article. The PD combining zone implements the Low Density Residential (LDR), Medium Density Residential (MDR), Quasi-Public (QP), and Schools (S). [Source: 17.56.010, modified] B. SD – Smart Residential Development Combining Zone. The purpose of the Smart Residential Development (SD) combining zone is to promote development designs that respond to significant planning-related issues facing the San Joaquin Valley, including urbanization of agricultural land, air pollution, housing affordability, traffic, aesthetics, and neighborhood deterioration. This new approach to development design has been popularized by the term "smart growth" and its purpose is to achieve the average density goals set forth by each zone.
The SD combining zone is structured to encourage a comprehensive development that is superior to traditional development of the recent past by increasing walkability and connectivity while achieving the higher net density and preservation of open space goals set forth by the General Plan.
To the greatest extent possible, attention shall be given to greater design details and the average density set forth by each individual zone shall be achieved through a mix of residential housing types and sizes. The SD combining zone implements the Low Density Residential (LDR), Medium Density Residential (MDR), High Density Residential (HDR), Quasi-Public (QP), and Schools (S) land use designations in the General Plan. [Source: 17.58.010, modified] C. IBA – Industrial Boulevard Area Combining Zone. The purpose of the Industrial Boulevard Area (IBA) combining zone is to provide special land development standards for property located along that portion of Madera Avenue, south of California Street, that is zoned for industrial uses. All regulations contained in this combining zone are deemed to be necessary for the protection of the health, safety, and general welfare of the City and of owners and users of property along this corridor. The IBA combining zone implements the Industrial (I) land use designation in the General Plan. [Source: 17.58.010, modified]
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Section 6, Item A.
Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.18 Final Draft – March 2024
39 17.18.020 Planned Development Combining Zone (PD) Standards and Regulations A. Application of the PD Combining Zone. PD combining zones shall comply with the following.
1. The PD combining zone may be combined with any of the residential, office, commercial, or industrial zones established in this Article. For purposes of identification, all established PD combining zones shall be suffixed by the zoning notation of the zone with which it is combined with. (i.e., PD-R-1, PD-R-3). [Source: 17.56.020.A, modified]
2. Existing uses in PD combining zones shall continue to be governed by this Section, but no additional PD combining zones shall be established. Modifications, expansions, or changes of use within existing PD zones shall require rezoning to be compatible with adjacent uses, and may be, but is not required to be, rezoned to the SD combining zone as specified in Section 17.18.030 (Smart Development combining Zone). [Source: 17.56.020.B, modified] B. PD Combining Zone Land Use Regulations. PD combining zones shall comply with the following.
1. Uses Allowed by Right. All uses identified as an allowed by right use (P) in the R-1, R-2, and R-3 zones in Table 17.10-1 (Land Use Regulations – Residential Zones), or those uses designated by the Land Use Element of the General Plan, shall be allowed. [Source:
17.56.030, modified]
2. Uses Requiring a Conditional Use Permit. All uses identified as requiring a Conditional Use Permit (CUP) in the R-1, R-2, and R-3 in Table 17.10-1 (Land Use Regulations – Residential Zones), shall also require the approval of a Conditional Use Permit. [Source: 17.56.040, modified]
C. PD Combining Zone Development Standards. The following development standards together with other applicable standards specified in this Zoning Code shall apply to all land and structures within the PD combining zone: [Source: 17.56.060]
1. Minimum Parcel Area. The minimum parcel size for a PD combining zone parcel is two acres. [Source: 17.56.060.A]
2. Density. The average number of dwelling units per net area shall not exceed the density allowed by the base zone, unless the applicant can demonstrate that additional usable common open space beyond the five percent requirement can be achieved. If so, the Commission or Council may grant a density bonus. This density bonus shall be based on the following standards:
a. Net Useable Open Space. PD combining zones shall provide the following. i. Six to 10 percent: Six percent density bonus;
ii. Eleven to 25 percent: 10 percent density bonus;
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Section 6, Item A.
Chapter 17.18 Combining Zones
40 iii. Over 35 percent: 220 percent density bonus.
b. Useable common open space is those portions of the project site which are suitable for common use by the residents of the development. This open space shall not include parking areas, private patios, building separations, or storage areas. [Source: 17.56.060.B]
3. Height. The maximum height of a structure shall be consistent with the base zone requirements. [Source: 17.56.060.C]
4. Average Parcel Size. The average parcel size of a single-unit residential subdivision that is processed under the PD combining zone shall be that of the minimum parcel size of the base zone (i.e., the R-1-7 zone has a minimum parcel size of 7,000 square feet therefore the average parcel size shall be 7,000 square feet). Average parcel size shall be calculated by adding the square footage of all parcels designated for single-unit dwelling use and dividing that number by the number of single-unit dwelling parcels. [Source: 17.56.060.D, modified]
5. Percentage of Lots Below Minimum Parcel Size of Base Zone. The percentage of parcels designated for single-unit dwellings that are below the minimum parcel size of the base zone shall not be more than thirty-three percent of the total lots designated for single-unit dwelling uses. [Source: 17.56.060.E]
6. Parcel Width. The minimum parcel width of a single-unit dwelling lot that has a R-1-7 base zone shall not be less than 65 feet, 100 feet for the R-1-12 zone, and 120 feet for the RR zone. Not more than 33 percent of the single-unit dwelling parcels shall have a parcel width less than the base zone standard. [Source: 17.56.060.F, modified]
7. Parcel Depth. The minimum parcel depth of a single-unit dwelling parcel that has a R-1-7 base zone shall be 100 feet; 120 feet for the R-1-12 and RR zone districts. [Source:
17.56.060.G]
8. Side Yard Setback. Not more than 25 percent of the parcels in a single-unit dwelling subdivision shall deviate from the side yard setback standard of the base zone nor shall any of these parcels have a side yard setback that is less than five feet on interior parcels, 10 feet of street side parcels, or15 feet on reverse corner parcels. [Source: 17.56.060.H] 616
Section 6, Item A.
Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.18 Final Draft – March 2024
41 9. Duplex Locations. All duplexes shall be located on corner parcels. The front door of each dwelling unit in a duplex shall face a different street. The City may require one duplex for every 20 single-unit dwelling parcels contained in a subdivision. Duplex units shall have the same setback requirements as adjacent single-unit dwellings, except in the case of the side yard between a duplex and single-unit dwelling. This side yard shall be 12 feet. [Source: 17.56.060.I, modified]
10. Street Width. Single-unit dwelling subdivisions may have local streets that have a minimum right-of-way width of 56 feet, 5536 paved width; cul-de-sac streets shall have a minimum right-of-way width of 52 feet, 32 feet paved width. [Source: 17.56.060.J]
11. Subdivision Parks. In consideration of the greater need for public recreational space in higher density residential zones, the City requires that certain improvements will be made to the City’s park system. This may be accomplished in one of two methods as selected by the Commission and subject to the Council’s approval, based upon the needs of the park system and the impact of the proposed development. The value of these improvements shall be based upon the cost and park development of one average size parcel for every 30 lots within a subdivision. The Commission and Council shall determine whether property dedication and development or the payment of an in-lieu fee for acquisition or development of nearby recreational facilities would best serve the recreational needs of residents. The amount of any in-lieu fee shall be based upon the value of the parcel dedication and development costs referenced above as determined by the City Engineer provisions for dedication and development or payment shall be made in a subdivision agreement. [Source: 17.56.060.K, modified]
D. Processing Requirements. All development on the SD combining zone district shall be subject to the Development Plan Review Permit as required in Chapter 17.96 (Development Plan Review Permit).
E. Accessory Structures. Construction of accessory structures shall be consistent with the standards established in Chapter 17.22 (Accessory Structures). [Source: NEW] F. Signs. Signs shall be consistent with the requirements of Chapter 17.30 (Sign Regulations). [Source;
17.56.070]
G. Fences, Walls, and Hedges. PD combining zones shall comply with the following standards.
1. Fences, walls, and hedges shall be consistent with the site distance provisions established in Section 17.20.030 (Clear Sight Triangle). [Source: 17.56.080, 17.40.070.A]
2. Fences, walls, and hedges shall not exceed seven feet in height in any rear or side yard. [Source: 17.56.080, 17.40.070.B]
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Section 6, Item A.
Chapter 17.18 Combining Zones
42 3. Fences, walls, and hedges shall not exceed 36 inches in height in any required yard area. [Source: 17.56.080, 17.40.070.]
4. Swimming pools shall be entirely enclosed by a wall or fence at least five feet in height.
The wall or fence shall be equipped with self-latching gates, the latching mechanism being located not less than four feet above the ground. The fence or wall must be installed and approved by the Building Division prior to the pool being filled with water, or as required by California Building Code. [Source: 17.56.080, 17.40.070.E]
5. Fences or structures exceeding seven feet in height, to enclose tennis courts or other game areas, located within the rear half of a lot shall be composed of wire mesh capable of admitting at least 90 percent of light as measured on a calibrated light meter. [Source:
17.56,080, 17.40.070.F]
H. Parking. PD combining zones shall comply with the following standards.
1. Off-street parking and loading shall be consistent with the requirements of Chapter 17.28 (Parking, Loading, and Access). [Source: 17.56.090]
2. All parking for residential uses shall be screening from adjacent public rights-of-way. Such screening may include dense plantings, fences, hedges, or grade separation. [Source:
17.56.090]
I. Site Plan. A site plan for new construction of a PD combining zone or construction that increases the square footage or the number of units within a PD combining zone, shall be submitted to the Planning Department in accordance with Chapter 17.80 (Site Plan Review Permit). [Source:
17.56.100, modified]
Figure 17.18-1
Example of Planned Development
618
Section 6, Item A.
Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.18 Final Draft – March 2024
43 J. Required Findings. The Commission may combine the PD combining zone with a base district if all the following findings are made:
1. The proposed project is consistent with the General Plan;
2. The standards of density, parcel area and dimensions, structure coverage, yard spaces, height of structures, off-street parking, and landscaped areas are consistent with the objectives of this Zoning Code;
3. A homeowners association or maintenance district has been formed to maintain the common area of the residential development;
4. The development will not generate more traffic than the streets in the vicinity can carry without congestion and the local infrastructural systems and utilities are not overloaded;
5. Any unique features of a site are considered in the overall design of the planned development; and
6. Development in this zone is demonstratively superior to the development that could occur under the base zone regulations. [Source: 17.56.110]
17.18.030 Smart Residential Development Combining Zone (SD) Standards and Regulations A. Application of the SD Combining Zone. The SD combining zone allows both single-unit and multiunit residential dwelling development. The SD combining zone designation shall be suffixed with the zoning notation of the minimum parcel size permitted by that specific zone (i.e., SD-R-5, SD-R4.5, SD-R-3.5, SD-R-2.5). [Source: 17.58.020, modified] 619
Section 6, Item A.
Chapter 17.18 Combining Zones
44 B. SD Combining Zone Land Use Regulations. SD combining zones shall comply with the following land use regulation standards.
1. Uses Allowed by Right. If a land use is permitted by-right in the base zone, than it shall be permitted by-right in the SD zone [Source: 17.58.030, modified]
2. Uses Required a Conditional Use Permit. If a land use requires a Conditional Use Permit in the base zone, than it shall also require a Conditional Use Permit in the SD zone. [Source:
17.58.040, modified]
C. SD Combining Zones Development Standards. SD combining zones shall comply with the following development standards unless otherwise specified differently by the Development Plan Review Permit (see Chapter 17.96).
1. Table 17.18-1 Development Standards – Smart Residential Development Combining Zones.
Table 17.18-1 (Development Standards – Smart Residential Development Combining Zones) establishes parcel and structure standards that apply to all development in the specified SD combining zones. Provisions in other sections of this Zoning Code may also apply. [Source: NEW]
Table 17.18-1
Development Standards – Smart Residential Development Combining Zones Development Feature
(minimum unless otherwise
specified)
Combining Zone
SD-R-5 SD-R-4.5 SD-R-3.5 SD-R-2.5
General
Average Parcel Size (sq. ft.) 5,000 4,500 3,500 2,500
Height (max. ft.) 35 35 35 45
Structure Coverage (max.
percentage of total parcel
area)
50 50 60 `70
Density*
Minimum (max. du/ac)1 n/a n/a n/a 20
Maximum (max. du/ac)1 12 12 12 24
Yards (ft.)2
Front 20 20 10 10
Rear 10 10 7 7
Interior Side3 5 5 5 5
Street Side 5 5 5 5
Street Side (Reverse Corner lot
including fencing) 15 15 15 15
Yard Area (sq. ft.)4 800 700 500 250
620
Section 6, Item A.
Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.18 Final Draft – March 2024
45 Table 17.18-1
Development Standards – Smart Residential Development Combining Zones Development Feature
(minimum unless otherwise
specified)
Combining Zone
SD-R-5 SD-R-4.5 SD-R-3.5 SD-R-2.5
Specific Standards
* Density calculations do not include park or open space amenities. [Source: 17.58.060.A.2] 1 The number of residential dwelling units per acre shall meet the minimum average density and not exceed the maximum average density set forth by each district. To the greatest extent possible, the density set forth by each district shall be achieved through a variety of housing types and sizes. [Source: 17.58.060.A.2] 2 Minimum yard standards shall be approved by the Planning Commission. When yard standards are not determined by the Planning Commission, the yard standards identified in Table 17.18-1 of this Chapter shall apply. 3 Residential dwelling unit(s) is/are allowed to be built on a property line (i.e., zero lot line design) if there is a minimum distance on one side or the other of 10 feet between said unit and the structure on the abutting parcel. [Source:
17.58.060.A.7]
4 Each yard satisfying the minimum size requirement shall have a minimum depth and width of 10 feet and shall have direct access from at least one of the enclosed living areas (i.e., family room, living room, or kitchen area) of the dwelling. [Source: 17.58.060.A.10]
2. Architectural Style. The elevation drawings of Structures to be constructed in the SD combining zones shall be submitted as part of the Development Plan Review Permit, to be approved by the Commission. [Source: 17.58.060.A.11, modified]
3. Public Streets and Alleys. SD combining zones shall comply with the following standards. a. Street Width. Residential subdivisions may have local streets that have a paved minimum width of 32 feet (curb to curb) and include additional on-street parking within the right-of-way. One-way streets shall have a minimum width of 20 feet and the left travel lane shall be marked as a fire lane with no parking allowed. [Source: 17.58.060.B.1]
b. Parkways. Tree-lined parkways shall be installed with a minimum width of seven feet and a sidewalk with a minimum width of five feet. Sidewalks may be in or partially in an access easement outside the right-of-way. [Source: 17.58.060.B.2] c. Connectivity. All streets and public walks shall be designed to maximize connections of both street and walkways to surrounding collector and arterial streets to provide maximum walkability within neighborhoods and help dilute traffic congestion and speed. Cul-de-sacs are generally discouraged and should be used only where necessitated by shape of the overall property being subdivided. [Source: 17.58.060.B.3]
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Chapter 17.18 Combining Zones
46 d. Alleys. Alleys shall have a paved width of 20 feet. Connecting driveways shall be provided with adequate sight-distance on either side of the driveway. [Source:
17.58.060.B.4]
e. Traffic Calming Devices. Traffic calming devices such as bulb-outs are encouraged at all intersections and roundabouts are encouraged where appropriate as an alternative to a four-way stop. [Source: 17.58.060.B.5] i. "Bulb-outs" refers to curb extensions that serve to narrow roadways to slow traffic, shorten the exposed distance pedestrians must walk to cross intersections, create parking pockets and discourage parking on street corners. [Source: 17.58.060.B.5, modified]
ii. "Roundabouts" refers to a type of road junction where traffic yields upon entering traffic that streams circularly around a central island-statistically safer than traditional intersections, roundabouts also eliminate excessive stopping and idling which has been proven to be a major contributor to air pollution. [Source: 17.58.060.B.5, modified]
4. Private Streets and Alleys. Where a project uses private streets, the requirements for sidewalks and parkways adjacent to the private street may be waived by a majority vote of the Commission as a whole. [Source: 17.588.060.C.1]
5. Open Space/Parks. In the SD combining zones, common open space shall be provided on site at a ratio of four acres per 1,000 residents. Where the Parks and Community Services Director finds that a neighborhood park is not necessary because of proximity to the location of a community park, an in lieu fee shall be paid. The amount of said fee shall be determined by the Master Fee Schedule and shall be identified in a subdivision agreement. [Source: 17.588.060.D.1]
6. Residential Unit Design. SD combining zones shall comply with the following standards. a. Garages. The elevation of a garage nearest a street shall be set back to the extent necessary to be practical and safe. [Source: 17.588.060.E.1, modified] b. Corner Parcels. Residential dwelling units situated on corner parcels should encourage a design that orients the garage and the front door to face different streets, except for duplexes. In the case of a corner parcel home with an alley, the garage may be accessed from the alley. [Source: 17.588.060.E.2]
7. Landscaping and Open Space. SD combining zones shall comply with the following standards.
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47 a. A minimum of 40 percent of the front yard area shall be landscaped with a combination of trees, turf, or shrubbery. Hybrid Bermuda or other grass that requires a minimum of water shall be encouraged. Plant material shall be varied in size, shrubs from one to five gallons, and trees from 15 to 24-inch boxes. [Source: 17.588.060.F.1]
b. All landscaped areas shall be provided with an automatic irrigation system. [Source: 17.588.060.F.2]
c. At least two parkway trees shall be required on both the front and side street frontage of each parcel with a maximum spacing of one 15-gallon tree per 40 feet. [Source: 17.588.060.F.3]
d. Deciduous trees shall be planted along the south and west facing structure walls to allow solar access during the winter. [Source: 17.588.060.F.4] e. Trees should be located where they will screen views by residents of parking lots, back yards and patios. [Source: 17.588.060.F.5]
f. On-site common open space shall be centrally located to promote visibility from surrounding units. Benches, shading, waste receptacles, lighting, and a drinking fountain should be incorporated into this open space feature. [Source:
17.588.060.F.6]
g. Deviation from the above landscaping requirements may be considered by the Commission in order to meet State MWELO requirements or other State governing mandates necessary to preserve water usage.
8. Fences, Walls, and Hedges. SD combining zones shall comply with the following standards. a. All fencing visible from the street shall contain pilasters, columns, or posts. These pilasters shall generally be placed as follows: where two fences intersect, where a fence and a gate intersect or at the corner of a parcel. Fencing that does not conform to this requirement must first be approved by the Commission. [Source:
17.588.060.G.1]
b. Fences or walls that surround a parking lot shall be landscaped with plant material, such as vines and shrubs that mask these hard surfaces. [Source: 17.588.060.G.2] c. Decorative wrought-iron fencing is encouraged, especially between on-street parking and the living units. [Source: 17.588.060.G.3]
d. Gates and pedestrian opening(s) into the project shall be accentuated with pilasters, landscaping, trellises, lighting, and/or entry identification signs. [Source:
17.588.060.G.4]
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Chapter 17.18 Combining Zones
48 9. Trash Enclosures – Multi-Unit Dwelling Developments. SD combining zones shall comply with the following standards.
a. Trash enclosures shall be constructed of solid masonry material or other material(s) and designed as approved by the Planning Commission. They shall be designed so that walk-in access is permitted by tenants without having to open the gates. [Source: 17.588.060.H.1]
b. Trash enclosure(s) shall have decorative heavy gauge metal gates and be designed to hide or screen refuse containers. A concrete apron shall be constructed from the trash enclosure to a point of dumpster pickup by the waste removal truck. [Source: 17.588.060.H.2]
c. Landscaping shall be provided to screen and to visually "soften" trash enclosures. [Source: 17.588.060.H.3]
d. The dimensions of the trash enclosure shall be consistent with City’s improvement standards and have provisions for recyclable waste. [Source: 17.588.060.H.4]
10. Parking. SD combining zones shall comply with the following standards. a. Off-street parking and loading shall be consistent with the requirements of Chapter 17.28 (Parking, Loading, and Access).
b. No more than fourty percent of any front, side, street side, or rear yard area shall be used for excess parking, beyond what is required by subsection (a) above. c. A Zoning Clearance shall be required for any proposed excess parking. d. Public Utility Easements shall not be hardscaped, unless permitted by the governing planning permit.
11. Processing Requirements. All development on the SD combining zone district shall be subject to the Development Plan Review Permit as required in Chapter 17.96 (Development Plan Review Permit).
17.18.040 Industrial Boulevard Area Combining Zone (IBA) Standards and Regulations A. IBA Combining Zone Land Use Regulations. IBA combining zones shall comply with the following standards.
1. Uses Allowed by Right. Uses allowed by right (P) in the IBA combining zone shall be determined by the underlying M-2 base zone. [Source: 17.60.020, modified] 624
Section 6, Item A.
Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.18 Final Draft – March 2024
49 2. Uses Requiring an Administrative Use Permit. Uses requiring an Administrative Use Permit (AUP) in the IBA combining zone shall be determined by the underlying M-2 base zone. [Source: NEW]
3. Uses Requiring a Conditional Use Permit. Uses requiring a Conditional Use Permit (CUP) in the IBA combining zone shall be determined by the underlying M-2 base zone. [Source:
17.60.030, modified]
B. IBA Combining Zone Development Standards. The following development standards together with applicable standards specified in the base M-2 zone shall apply to all land and structures in the IBA combining zone. [Source: 17.60.040]
1. Minimum Parcel Size. A parcel of land abutting Madera Avenue shall have a minimum area of two acres. [Source: 17.60.040.A]
2. Height. The maximum height of any structure shall be determined by the base zone. [Source: 17.60.040.B]
3. Yard Setback Areas.
a. Front Yard: 50 feet.
b. Rear Yard: Determined by base zone.
c. Side Yard: Determined by base zone. [Source: 17.60.040.C]
4. Structure Coverage. No requirement. [Source: 17.60.040.D]
5. Parcel Dimensions. That portion of a parcel fronting onto Madera Avenue shall have a minimum width of 265 feet. [Source: 17.60.040.E]
6. Landscaping. The first 10 feet from Madera Avenue towards the front yard setback line shall be landscaped, provided with irrigation and maintained in a neat and orderly fashion.
Sixty-five percent of the landscaped area shall be composed of turf or groundcover as deemed acceptable by State adopted regulations.
C. Signs. Requirements for signs shall be consistent with the standards specified in Chapter 17.30 (Sign Regulations). [Source: 17.60.050]
D. Fences, Walls, and Hedges. IBA combining zones shall comply with the following standards.
1. Fences, walls, and hedges shall not be allowed in the front setback area of any parcel located in the IBA combining zone. Any fencing visible from Madera Avenue shall be of decorative wrought iron or block wall. [Source: 17.60.060]
2. Fences, walls, and hedges shall be consistent with the site distance provisions established in Section 17.20.030 (Clear Vision Triangle). [Source: 17.40.070.A, 17.60.060] 625
Section 6, Item A.
Chapter 17.18 Combining Zones
50 3. Fences, walls, and hedges shall not exceed seven feet in height in any rear or side yard. [Source: 17.40.070.B, 17.60.060]
E. Parking. Off-street parking and loading shall be consistent with the requirements of Chapter 17.28 (Parking, Loading, and Access). [Source: 17.60.070]
F. Processing Requirements. All development on the IBA combining zone district shall be subject to the Development Plan Review Permit as required in Chapter 17.96 (Development Plan Review Permit).
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17 – Zoning Code
Article 3 – Regulations Applicable to
all Zones
FINAL DRAFT
March 2024
Table of Contents
CHAPTER 17.20 GENERAL SITE PLANNING AND DEVELOPMENT STANDARDS ................................ 2
17.20.010 Purpose...................................................................................................................................... 2
17.20.020 Street Improvements ................................................................................................................ 2
17.20.030 Clear Vision Triangle.................................................................................................................. 2
17.20.040 Solid Waste and Recycling Enclosures....................................................................................... 3
17.20.050 Undergrounding of Utilities....................................................................................................... 4 CHAPTER 17.22 ACCESSORY STRUCTURES ........................................................................................ 6
17.22.010 Purpose...................................................................................................................................... 6
17.22.020 Prohibited Uses ......................................................................................................................... 6
17.22.030 Agricultural Accessory Structure Standards.............................................................................. 6
17.22.040 Commercial Accessory Structure Standards ............................................................................. 7
17.22.050 Industrial Accessory Structure Standards. ................................................................................ 7
17.22.060 Residential Accessory Structure Standards............................................................................... 8 CHAPTER 17.24 FENCES, WALLS, AND HEDGES ............................................................................... 11
17.24.010 Applicability ............................................................................................................................. 11
17.24.020 Height Limitations ................................................................................................................... 11 628
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ii
17.24.030 Fence Materials....................................................................................................................... 11
17.24.040 Required Walls ........................................................................................................................ 12 CHAPTER 17.26 LANDSCAPING ........................................................................................................ 15
17.26.010 Purpose.................................................................................................................................... 15
17.26.020 Applicability ............................................................................................................................. 15
17.26.030 Water Efficient Landscape Ordinance..................................................................................... 15
17.26.040 General Landscaping Standards.............................................................................................. 15
17.26.050 Landscape Area Requirements................................................................................................ 16
17.26.060 Artificial Turf............................................................................................................................ 16
17.26.070 Deferred Landscaping in Residential Zones ............................................................................ 18 CHAPTER 17.28 PARKING, LOADING, AND ACCESS ......................................................................... 21
17.28.010 Purpose and Applicability........................................................................................................ 21
17.28.020 Building Permit........................................................................................................................ 21
17.28.030 General Provisions................................................................................................................... 21
17.28.040 Number of Spaces Required.................................................................................................... 23
17.28.050 Compact Parking Spaces.......................................................................................................... 30
17.28.060 Accessible Parking Spaces. ...................................................................................................... 30
17.28.070 Reduction of Parking Requirements........................................................................................ 30
17.28.080 Recreational Vehicle Parking in Residential Zones.................................................................. 31
17.28.090 Off-Site Designated Parking .................................................................................................... 32
17.28.100 Parking Facility Design Standards............................................................................................ 32
17.28.110 Off-Street Loading Requirements ........................................................................................... 36 CHAPTER 17.30 SIGN REGULATIONS ............................................................................................... 39
17.30.010 Purpose and Applicability........................................................................................................ 39
17.30.020 Standards for Permitting Requirements ................................................................................. 46
17.30.030 Signs Subject to a Conditional Use Permit .............................................................................. 49
17.30.040 Exempt Signs ........................................................................................................................... 49
17.30.050 Prohibited Signs....................................................................................................................... 51 629
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iii
17.30.060 Temporary Signs...................................................................................................................... 53
17.30.070 Signs Allowed by Zone............................................................................................................. 55
17.30.080 Specific Use Signs .................................................................................................................... 63
17.30.090 Abandoned or Dilapidated Signs, Frames, Structural members, and Supporting Poles......... 66
17.30.100 Master Sign Program............................................................................................................... 67
17.30.110 Minor Deviations and Variances ............................................................................................. 67
17.30.120 Nonconforming Signs.............................................................................................................. 69 CHAPTER 17.32 HISTORIC PRESERVATION (RESERVED) .................................................................. 72
17.32.010 Reserved.................................................................................................................................. 72 630
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Chapter 17.20
General Site Planning and
Development Standards
w
632
Section 6, Item A.
Chapter 17.20 General Site Planning and Development Standards 2 Chapter 17.20 General Site Planning and Development
Standards
17.20.010 Purpose
The purpose of this Chapter is to establish reasonable and necessary standards for development in Kerman.
These standards are established to assure that Kerman develops in a manner that promotes efficient and orderly community growth. [Source: 17.78.010, modified]
17.20.020 Street Improvements
The following street improvements and dedications shall be completed prior to the issuance of a Building Permit unless stated otherwise in this Zoning Code. [Source: 17.78.020] A. Street and road dedications shall be made to the City in a manner prescribed by the City Engineer and consistent with the Circulation Element of the General Plan. [Source: 17.78.020.A] B. Curbs, gutters, and sidewalks shall be constructed as a condition of all development. Under certain circumstances, an exception may be granted by the City Engineer. [Source: 17.78.020.B, modified] C. Driveways and parking aprons shall be constructed in a manner consistent with the Kerman Standard Construction Details or as approved by the City Engineer. [Source: 17.78.020.C] D. All street improvements shall be constructed in a manner consistent with the Kerman Standard Construction Details or as approved by the City Engineer. [Source: 17.78.020.D]
17.20.030 Clear Vision Triangle
A. Purpose and Applicability. All new development proposed adjacent to any public or private street or alley intersection, shall be designed to provide a clear vision triangle for pedestrian and traffic safety. [Source: NEW]
B. Measurement of Clear Vision Triangle Area. A clear vision triangle shall be measured as follows:
1. Corner Parcels. On corner parcels, the clear vision triangle shall be formed by a 90-degree triangle with two sides measuring 25 feet along both the front and side curb lines, said length beginning at their intersection, and a third side connecting the two ends running diagonally across the property. See Figure 17.20-1 (Clear Vision Triangle). [Source:
17.78.070.b, modified]
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3 2. Parcels Containing or Abutting a Right-of-Way Easement, Private Drive, or Alley. On parcels containing or abutting a parcel containing a right-of-way easement, private drive, or alley, the clear vision triangle area shall be formed by a 90-degree triangle with two sides measuring 25 feet along each side of the right-of-way easement, private drive, or alley and the curb line abutting the roadway, said length beginning at their intersection, and a third side connecting the two ends running diagonally across the property. See Figure 17.20-1 (Clear Vision Triangle). [Source: NEW]
C. Obstructions and Height Limit in Clear Vision Triangle. It is unlawful to erect, install, or maintain any structure, fence, wall, hedge, sign, or obstruction higher than three feet above the nearest roadway curb level within the required clear vision triangle. [Source: NEW] Figure 17.20-1
Clear Vision Triangle
17.20.040 Solid Waste and Recycling Enclosures
In addition to Chapter 8.12 (Collection, Recycling, and Disposal of Solid Waste) of the Municipal Code, the following standards shall apply to all solid waste and recycling enclosures: [Source: NEW] A. All solid waste and recycling enclosures associated with new multi-unit residential dwellings, office, industrial, and commercial developments shall be constructed consistent with City Trash Enclosure Standard No. 5 and be screened with landscaping so that they are not visually obtrusive from any off-site location. All new enclosures shall be constructed with a slanted solid roof cover. [Source:
17.78.040.A, modified]
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Section 6, Item A.
Chapter 17.20 General Site Planning and Development Standards 4 B. The standards established in this Section shall not be imposed on properties with existing structures, nor to structures or uses other than as specified in this Section, except when new construction occurs thereon. This Section shall be the exclusive authority for requiring solid waste and recycling enclosures. New construction shall mean construction of a substantial nature of 50% or more of existing floor area and not minor repairs, minor additions, or minor demolitions to existing structures. [Source: 17.78.040.B, modified]
17.20.050 Undergrounding of Utilities
All utility services associated with new development (see definition for “development” in Article 8) shall be placed underground. [Source: 17.78.050]
635
Section 6, Item A.
Chapter 17.22
Accessory Structures
636
Section 6, Item A.
Chapter 17.22 Accessory Structures
6 Chapter 17.22 Accessory Structures
17.22.010 Purpose
The purpose of this Chapter is to regulate the types and location of accessory structures within each zone. [Source: 17.62.010]
17.22.020 Prohibited Uses
No accessory structure shall be constructed or moved on to a parcel prior to commencing construction of the primary structure. No accessory structures shall be used as sleeping quarters unless expressly allowed in the zone in which the structure is located. [Source: 17.62.030, modified]
17.22.030 Agricultural Accessory Structure Standards
A. Height. The maximum height of agricultural accessory structures shall be 40 feet. [Source:
17.62.040.C, modified]
B. Setbacks. Agricultural accessory structures shall comply with the following setback standards.
1. Front Setback. The front setback shall be the same as the front yard setback standard for the zone in which the agricultural accessory structures is being located. [Source:
17.62.040.D.1]
2. Rear Setback. The rear setback shall be the same as the rear setback standard for the zone in which the agricultural accessory structures is being located, except when the structure will not exceed six feet in height. For structures six feet or less in heigh, the rear setback shall be no less than five feet. [Source: 17.62.040.D.2]
3. Side Setbacks. The side setbacks shall be the same as the side setback standards for the zone in which the agricultural accessory structures is being located, except when the structure will not exceed six feet in height. For structures six feet or less in heigh, the rear setback shall be no less than five feet. [Source: 17.62.040.D.3] C. Distance Between Structures. The distance between a structure used for human habitation and a structure used for livestock shall be 30 feet. [Source: 17.62.040.E.2] 637
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Article 3 – Regulations Applicable to all Zones Chapter 17.22 Final Draft – March 2024
7 17.22.040 Commercial Accessory Structure Standards
A. Height. The maximum height of commercial accessory structures shall be the same as the height standard for the zone in which the accessory structure is being located, unless otherwise regulated in this Zoning Code. [Source: 17.62.060.C]
B. Setbacks. Commercial accessory structures shall comply with the following setback standards, unless otherwise permitted by this Zoning Code.
1. Front Setback. The front setback shall be the same as the front setback standard for the zone in which a detached commercial accessory structure is being located, except in the case of attached uncovered patios, decks, porches, and breezeways. Attached structures shall have a front setback distance of 60 percent of the front setback standard for the zone in which the commercial accessory structure is being located. [Source: 17.62.060.D.1]
2. Rear Setback. The rear setback shall be the same as the rear setback standard for the zone in which the commercial accessory structure is being located. In cases where the structure is six feet or less in height and the setback distance for the primary structure is greater than five feet, the structure shall have a setback distance of no less than five feet. [Source:
17.62.060.D.2]
3. Side Setbacks. The side setbacks shall be the same as the side setback standards for the zone in which a detached commercial accessory structure is being located. The setback distance for attached uncovered patios, decks, porches, and breezeways shall be no less than five feet from an interior parcel line when the setback for the primary structure is greater than five feet. [Source: 17.62.060.D.3]
17.22.050 Industrial Accessory Structure Standards.
A. Height. The maximum height of industrial accessory structures shall be 45 feet in the M-1 District and 55 feet in the M-2 District. [Source: 17.62.070.C, modified] B. Setbacks. Industrial accessory structures shall comply with the following setback standards.
1. Front Setback. The front setback shall be the same as the front yard setback standard for the zone in which a detached industrial accessory structure is being located, except in the case of attached uncovered patios, decks, porches, and breezeways. Attached structures shall have a front setback distance of 60 percent of the front setback standard for the zone in which the industrial accessory structure is being located. [Source: 17.62.070.D.1] 638
Section 6, Item A.
Chapter 17.22 Accessory Structures
8 2. Rear Setback. The rear setback shall be the same as the rear setback standard for the zone in which a detached industrial accessory structure is being located. In cases where the structure is six feet or less in height and the setback distance for the primary structure is greater than five feet, the structure shall have a setback distance of no less than five feet. [Source: 17.62.070.D.2]
3. Side Setbacks. The side setbacks shall be the same as the side setback standards for the zone in which a detached industrial accessory structure is being located. The setback distance for uncovered patios, decks, porches, and breezeways shall be no less than five feet from an interior parcel line when the setback for the primary structure is greater than five feet. [Source: 17.62.070.D.3]
17.22.060 Residential Accessory Structure Standards
A. Height. The maximum height of residential accessory structures shall be twelve feet, unless otherwise regulated in this Zoning Code. [Source: 17.62.050.C, modified] B. Setbacks. Residential accessory structures shall comply with the following setback standards, unless otherwise permitted by this Zoning Code.
1. Front Setback. The front setback shall be the same as the front setback standard for the zone in which a detached residential accessory structure is being located, except in the case of attached uncovered patios, decks, porches, and breezeways. Attached structures shall have a minimum front setback distance of 15 feet. [Source: 17.62.050.D.1, modified]
2. Rear Setback. Detached residential accessory structures shall be the same as the rear setback standard for the zone in which a detached residential accessory structure is being located, except in the case when a structure is no greater than 120 square feet. Detached structures 120 square feet or less shall have a minimum rear setback distance of five feet.
Swimming pools shall have a minimum of five feet setback from any living quarters and adjoining property line. [Source: 17.62.050.D.2, modified]
3. Side Setbacks. Detached residential accessory structures shall be the same as the side setback standard for the zone in which a detached residential accessory structure is being located, except in the case when a structure is no greater than 120 square feet. Detached structures 120 square feet or less shall have a minimum side setback distance of five feet, except in those side yards that have a 10-foot or greater setback requirement as established in Chapter 17.10 (Residential Zones). [Source: 17.62.050.D.3, modified]
4. Space Between Structures. The minimum space between residential accessory structures is 10 feet. [Source: 17.62.050.D.4]
639
Section 6, Item A.
Article 3 – Regulations Applicable to all Zones Chapter 17.22 Final Draft – March 2024
9 640
Section 6, Item A.
Chapter 17.24
Fences, Walls, and Hedges
641
Section 6, Item A.
Article 3 – Regulations Applicable to all Zones Chapter 17.24 Final Draft – March 2024
11 Chapter 17.24 Fences, Walls, and Hedges
17.24.010 Applicability
New development shall conform to the following standards for fences, walls, and hedges. [Source:
17.78.070]
17.24.020 Height Limitations
A. Fences, walls, and hedges shall not exceed 42 inches in height in front setback area nor seven feet in height in any required rear and side setback areas. Wrought iron fences are allowed up to 42 inches in the front setback area, provided any support pilasters are a maximum 12 inches wide, do not exceed 42 inches in height, and are spaced a minimum of six feet apart. [Source:
17.78.070.A, modified]
B. In the RR, R-1, R-2, R-3, AND MU zones, in the case of two adjoining or contiguous parcels which have a difference in ground elevation, an additional fence height may be allowed between side or rear setback area for a total height of six feet at the highest finished grade, but in no case exceeding eight feet above the ground level of the lower parcel at the property line; provided that the portion of any fence permitted extending above six feet shall be designed as to permit adequate air circulation and be permitted by a Zoning Clearance. This provision shall not be construed to prevent or prohibit shrubs, trees, or other ornamental plantings which are primarily intended or designed for landscaping purposes. [Source: 17.78.070.A, modified] C. In the CG, CN, CS, PA, M-1, and M-2 zones, fences may be allowed in excess of seven feet in height, subject to the approval of a Conditional Use Permit in compliance with Chapter 17.84 (Conditional Use Permit). Said fence shall not exceed eight feet in height. [Source: 17.78.070.D, modified]
17.24.030 Fence Materials
A. Fences shall not be constructed of barbed wire or similar material unless an Administrative Use Permit is first obtained. An Administrative Use permit may be granted only upon the Director finding that extraordinary circumstances requiring the use of barbed wire or similar material apply to the property in question which do not generally apply to property within the city. In no event may an Administrative Use Permit be granted for the use of barbed wire or similar material within three feet of any public right-of-way. The Director may require conditions of approval such as appropriate warning signs upon the barbed wire or a similarly constructed fence. [Source:
17.78.070.C, modified]
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Section 6, Item A.
Chapter 17.24 Fences, Walls, and Hedges
12 B. Fences shall be constructed of original material. Fences in residential zones shall not be constructed of chain link, wire mesh, corrugated metal/plastic, or other repurposed material. Chain link fences with privacy slats may be constructed when the fence is not visible from the public right-of-way.
C. Electrified fences are prohibited in all zones. [Source: NEW]
17.24.040 Required Walls
A. A seven-foot solid block or masonry wall shall be constructed between residential and nonresidential zones, except when the MU zone abuts a residential zone on the rear or side property lines separating the two zones. A block wall between an MU zone and a residential zone may be required to mitigate noise impacts. [Source: 17.78.070.E] B. A greater height for a solid block or masonry wall may be constructed when deemed necessary by a mitigation measure under a CEQA Mitigation Monitoring Program, approved by the Planning Commission as part of a planning permit.
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Chapter 17.26
Landscaping
645
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Article 3 – Regulations Applicable to all Zones Chapter 17.26 Final Draft – March 2024
15 Chapter 17.26 Landscaping
17.26.010 Purpose
The purpose of this Chapter is to improve the appearance of the city by requiring permanently maintained landscaping and promote conservation and efficient use of water, in compliance with State law. [Source:
NEW]
17.26.020 Applicability
The standards established in this Chapter shall apply to all new development, existing development where new landscaping is installed, and new or expanded structures on existing development sites. [Source:17.78.060, modified]
17.26.030 Water Efficient Landscape Ordinance
All landscaped areas within the City and all the following standards and provisions in this Chapter shall comply with the water conserving landscape requirements established in Chapter 13.06 (Model Water Efficient Landscape Ordinance) of the Municipal Code. [Source: NEW]
17.26.040 General Landscaping Standards
A. Tree Plantings and Vegetation. Tree plantings and vegetation shall be consistent with the city’s regional climate, and landscape design shall be composed of water-efficient landscaping. Specific tree and vegetation species shall be determined at the plan check stage. [Source: 17.78.060.A, modified].
B. Plant Materials. Landscaping may consist of a combination of turf, groundcovers, mulch, shrubs, vines, and trees. [Source: New]
C. Minimum Replacement Tree Size. The minimum tree size container shall be 15-gallons. [Source:
17.78.060.A]
D. Replacement Tree Spacing. Replacement trees in compliance with Subsection C (Minimum Replacement Tree Size) shall be planted at a ratio of one tree for every 25 feet of frontage along a public right-of-way. [Source: 17.78.060.B, modified]
E. Landscape Planters. Landscaped planters shall be surrounded with a six-inch-high concrete curb or a similar type barrier to protect the landscaping from foot and automobile traffic. [Source:
17.78.060.D]
646
Section 6, Item A.
Chapter 17.26 Landscaping
16 17.26.050 Landscape Area Requirements
A. Minimum Landscape Area. Front and street-side yards of uses requiring site plan review shall have composed of turf to the extent necessary to comply with MWELO. The balance of the area can be composed of trees, shrubs, groundcover, or hardscape. Consideration should be given to the use of xerophytic (drought tolerant) plants and grasses. [Source: 17.78.060.E] B. Landscaping Location. The front yard setback area of all new development shall be landscaped with the exception of driveways. In addition, those side and rear yard setback areas, as determined by the Director, which are directly visible from public roads, and easements, and properties, shall also be landscaped. [Source: 17.78.060.F]
17.26.060 Artificial Turf
A. General. Artificial turf is allowed in all zones subject to the following standards and comply with the standards established by this Chapter. [Source: NEW]
B. Locations Allowed. Artificial turf is allowed in the following locations:
1. Rear and Interior Side Yard Setback Areas. Artificial turf is allowed in any zone within any rear and/or interior side setback areas. [Source: NEW]
2. Front and Street-Side Yard Setback Areas. In any zone, a maximum of 50 percent of the total area within the front or street-side setback area may be installed with artificial turf.
Artificial turf shall not be installed within 10 feet of a sidewalk or within 20 feet from the curb if there is no sidewalk. [Source: NEW]
3. Not Allowed in Parkway. Artificial turf is not allowed within any parkway areas. [Source:
NEW]
C. Minimum Standards. To be used in the front and street-side setback areas, artificial turf shall comply with the minimum standards for materials, installation, and maintenance. [Source: NEW]
1. Materials and Style. Artificial turf shall comply with the following material standards. a. Cut-Pile Fill. Artificial turf shall be of a type known as cut pile infill and shall be composed of polypropylene, polyethylene, or a blend of polypropylene and polyethylene fibers stitched onto a polypropylene or polyurethane meshed or hole-punched backing. Hole-punched backings shall have holes spaced in a uniform grid pattern with spacing not to exceed four inches by six inches on center. [Source: NEW]
b. Prohibited Materials. Nylon-based, plastic, or petroleum-based grass blades are not allowed. [Source: NEW]
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Article 3 – Regulations Applicable to all Zones Chapter 17.26 Final Draft – March 2024
17 c. Color. A minimum blend of three colors, predominately green. [Source: NEW] d. Blade Length. A minimum blade length of 1.5 inches, with spines and uneven tops. [Source: NEW]
e. Infill Medium. Infill medium must be a natural material, such as coconut fiber, cork, and sand. Rubber infill medium is prohibited. [Source: NEW] f. Warranty and Fire Resistance. The product must have a minimum eight-year warranty and be fire resistant. [Source: NEW]
2. Installation. Artificial turf shall be installed in compliance with the following procedures and standards.
a. Maximum Slope. Artificial turf shall only be allowed on sloped areas less than 25 percent. [Source: NEW]
b. Existing Sprinkler Systems. Prior to installation of artificial turf, all existing sprinkler systems (i.e., piping, valves, sprinkler heads) no longer in use shall be capped or removed. [Source: NEW]
c. Ground Preparation. Prior to installation of artificial turf, all existing landscaping and plant material shall be removed where the artificial turf will be located and a minimum of three inches of soil excavated. [Source: NEW] d. Ground Leveling. The turf area shall be leveled, with a crushed stone subbase (i.e., decomposed granite) added to establish a foundation and facilitate drainage for the turf. The stone subbase shall be a minimum of three inches in depth. [Source:
NEW]
e. Drainage. Artificial turf areas shall be sufficiently drained to a permeable area or live landscaped area to prevent excessive pooling, runoff, or flooding. [Source:
NEW]
f. Barrier Buffer Required. A solid barrier buffer, such as a concrete mow strip, bender board, or similar material, shall be installed between the artificial turf and live plant material or soil to prevent mixing of natural plant materials and artificial turf. [Source: NEW]
g. Weed Barrier. A permeable geotextile (weed barrier) shall be installed to prohibit the growth of weeds. This barrier may either be incorporated into the synthetic turf or be installed as a separate layer on top the subbase. [Source: NEW] 648
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18 h. Fastening and Anchoring. Artificial turf must be permanently anchored with nails/spikes/staples and glue, and all seams must be nailed/spiked/stapled, or sewn, and glued, with the grain pointing in a single direction. [Source: NEW]
3. Appearance and Maintenance. Artificial turf shall comply with the following appearance and maintenance standards.
a. Maintenance. Artificial turf shall be installed and maintained to effectively simulate the appearance of a well-maintained, natural turf lawn. Synthetic turf must be maintained in a green, fadeless condition, free of weeds, stains, debris, tears, holes, depressions, ruts, odors, and looseness at edges and seams. No edges shall be exposed. [Source: NEW]
b. Replacement of Damaged and Worn Areas. Damaged or worn areas in artificial turf surface shall be repaired, or removed and replaced, in a manner that results in the consistent appearance with the existing artificial turf. Artificial turf shall be removed and replaced once it is unable to be maintained as required. [Source:
NEW]
c. Parking Prohibited. Vehicle parking on artificial turf is prohibited. [Source: NEW]
17.26.070 Deferred Landscaping in Residential Zones
In residential zones, compliance with the landscaping standards of this Chapter may be deferred for a period of not more than six months if all the following conditions are satisfied. [Source: 17.78.060.G] A. The use is an allowed us as specified in Chapter 17.10 (Residential Zones); [Source: 17.78.060.G.1, modified]
B. The deferment is applied for prior to the issuance of a certificate of occupancy by an owner-builder with the intent of personally occupying the residence; [Source: 17.78.060.G.2] C. The owner(s) deposits with the City a security deposit of $500 or as may be established by Subsection (D) below; and [Source: 17.78.060.G.4]
D. The owner(s) pays the deferred landscape agreement fee set pursuant to Section 17.72.030 (Fees); [Source: 17.78.060.G.3]
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Parking, Loading, and Access
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21 Chapter 17.28 Parking, Loading, and Access
17.28.010 Purpose and Applicability
A. Purpose and Applicability. To prevent traffic congestion and shortage of on-street parking spaces, off-street parking facilities shall be provided incidental to any new structures and intensifications or enlargements of existing uses. Off-street parking facilities shall be laid out in such a manner that they will protect the public safety and insulate surrounding land uses from their impact. [Source:
17.74.010, modified]
B. Minimum Parking Standards. This Chapter shall not be construed to prohibit the installation and maintenance of more parking spaces than the minimum number required. [Source: 17.74.080. modified]
17.28.020 Building Permit.
An application submitted for a Building Permit which includes the construction of parking areas for public or private use shall include the design of the required parking area drawn to scale. Such plans shall include all parking spaces and maneuvering areas, curb cuts, landscaping, and other improvements. The Building Permit shall not be issued until a Zoning Clearance has been approved in compliance with Chapter 17.74 (Zoning Clearance), and no final completion inspection approved until the parking spaces and required landscaping are installed. No business license shall be issued until a final completion inspection has been conducted. [Source: 17.74.100, modified]
17.28.030 General Provisions
Off-street parking areas shall be provided and maintained in compliance with this Chapter.
A. Uses Not Listed. Where the parking requirements for a land use are not specifically listed in Section
17.28.040 (Number of Spaces Required), below, the parking requirements for the use shall be determined by the Director. The Director shall establish a parking standard based on the operational similarity and parking demand of permitted uses in the zone district. [Source: NEW] B. Combination of Uses. Where there is a combination of principal uses in any one facility, the sum of the parking requirements calculated separately for each of these uses shall be provided unless otherwise indicated. [Source: 17.74.080. modified]
C. Fractional Spaces. If the calculation of parking needs results in the requirement for a fraction of a parking space, such a parking space need not be provided unless the fraction exceeds 50 percent. [Source: 17.74.080. modified]
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22 D. Seats or Seating Capacity. Where the standards for parking set forth in this Chapter are based upon seating capacity, the capacity shall be determined by the actual seating capacity. Where pews or benches will be used, seating capacity will be based on the following: one seat per 18 inches of pew or bench length and one seat per 30 inches of booth length for dining. [Source: 17.74.090] E. Parking Required On-Site. All required parking shall be located on the same parcel or development site as the uses served, except for parking located off-site in compliance with Section 17.28.090 (Off-Site Designated Parking). [Source: NEW]
F. Change of Occupancy. For a change of occupancy where the parking demand is increased and where no new construction requiring a Building Permit is anticipated, but a new Business License is required, the Director shall review the parking requirements of the proposed use and shall require a Parking Plan, consisting of a scaled site plan showing parking stalls, landscape islands, drainage if applicable, ingress, egress drawn to scale consistent with City parking stall standards, for the Director’s review and approval. No new Business License shall be issued until the Director has approved the Parking Plan. Copies of the Parking Plan drawn to scale shall be submitted in digital format to the Director for approval. The Parking Plan shall show the whole property in question and the means of ingress and egress, location of structures, parking spaces, landscaping, and any other proposed facilities. A Business License shall be issued once the Director finds the Parking Plan complies with the provisions established in this Chapter. If the site is unable to accommodate the necessary parking, the Finance Director shall deny the Business License. [Source:
17.74.120, modified]
G. Existing and Nonconforming Parking Facilities. Any structure or use for which parking facilities become substandard by the adoption of this Chapter shall be considered a nonconforming use.
Such nonconforming use may continue, but no enlargement or expansion of seating capacity or square footage shall be made in such use or structure, unless the required number of parking spaces or parking area as designated by this Chapter is provided in addition to all other applicable development standards. Any change of use in an existing structure or parcel that requires more parking space shall provide the additional parking areas required in this Chapter. [Source:
17.74.150. modified]
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23 17.28.040 Number of Spaces Required
Table 17.28-1
Minimum Number of Spaces Required by Use
Land Use Spaces Required
Human Services Uses
Cemetery.
• Crematories
• Mausoleums
• Columbariums
• Funeral establishments
1 space for every 2 seats in the main assembly room plus 1 parking space for each regular employee and 1 parking space for each vehicle operated on the grounds by the proprietary institution. [Source: 17.74.050.F.]
Child Day Care Home Parking spaces shall be provided as established for Single-Unit Dwelling, Two-Unit Dwelling, and Mobile Home on Individual Parcels). [Source: 17.74.020.F, modified]
Community Care Facility, Large 1.5 parking spaces for every 6 adults receiving care in the home in addition to the number of spaces required for the home.
Community Care Facility, Small Parking spaces shall be provided as established for Single-Unit Dwelling, Two-Unit Dwelling, and Mobile Home on Individual Parcels). [Source: 17.74.020.E, modified]
Day Care Center 1 parking space for each employee on any given shift plus 1 passenger loading space for every 8 children licensed by the County or State [Source: 17.74.020.G, modified]
Emergency Shelter 1 space per facility for staff plus 1 space per 6 occupants or beds allowed at the maximum occupancy. A covered and secured area for bicycle parking shall be provided for use by staff and clients, commensurate with demonstrated need, but no less than a minimum of 8 bike parking spaces. [Source: 17.92.020.E]
Hospital 2 parking spaces for each bed licensed by the State and 1 space per every 500 square feet of office, clinic, or lab area. Any outpatient facilities shall provide additional parking as required for a medical office. Nursing homes and convalescent hospitals shall provide at least 1 space for every 4 beds licensed by the County or State. [Source: 17.74.050.C and D, modified]
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24 Table 17.28-1
Minimum Number of Spaces Required by Use
Land Use Spaces Required
Industrial Uses
General Industrial and Processing Uses 1 parking space for each employee on any given shift and each company-operated vehicle; [Source: 17.74.060.A.1]
1 parking space for every 1,500 square feet of gross floor area and each company-operated vehicle.
Manufacturing or repair plants maintaining more than one shift of workers shall provide 2 parking spaces for every 3 employees on each of the 2 larger shifts plus 1 parking space for each company-operated vehicle. [Source: 17.74.060.A.2]
Utility Facility and Infrastructure 1 parking space for every 2 employees on the premises at any 1 time including overlaps in shifts [Source: 17.74.050.G, modified]
Warehouse or Distribution Facility 1 parking space for each employee on any given shift plus 1 parking space for each company-operated vehicle, or 1 parking space for every 2,000 square feet of gross floor area, whichever is greater. [Source: 17.74.060.B]
Recreation, Education, and Public Assembly Uses
Athletic Club 1 parking space for every 250 square feet of gross floor area. [Source: 17.74.070.A, modified]
Bowling Center 4 parking spaces for each lane. Other principal uses with the bowling center such as restaurants, pool halls, cocktail lounges, and other uses shall provide additional parking spaces as required by the provisions of this Chapter for each use. [Source:
17.74.070.B]
Card Rooms 1 parking space per 2 seats. [Source: 17.74.070.N] Commercial Stable 1 space for each employee on any given shift and 1 space for every 5 stalls. [Source: 17.74.070.J]
Driving range 1.5 spaces for each tee or station [Source: 17.74.070.H] Golf Course As determined by the Director based upon the specific uses and improvements proposed. [Source: 17.74.070.G, modified]
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25 Table 17.28-1
Minimum Number of Spaces Required by Use
Land Use Spaces Required
Miniature Golf Course 1.5 spaces for each hole. [Source: 17.74.070.I] Park Public parks over ten acres in size shall provide at least five percent of the total area for off-street parking facilities.
Parking requirements for public parks less than 10 acres shall be determined by the Director. [Source: 17.74.070.K, Online Code]
Pool and Billiard Room 2 spaces for each table. [Source: 17.74.070.M] Recreational Vehicle (RV) Park 1.5 spaces per RV site [Source: 17.74.020.I] School Elementary and Junior High School. 1 space for each employee or 1 space for every 3 seats in the auditorium or multipurpose room, whichever is greater, plus off-street loading space for at least
2 school buses. [Source: 17.74.050.A, modified]
High schools shall provide the greater of the following:
1 space for each employee and 1 parking space for every 3 students in the 11th and 12th grades, or [Source:
17.74.050.A.1]
1 space for every 3 seats in the main auditorium or stadium, whichever is the greater. [Source: 17.74.050.A.2]
College. 1 space for each employee and 1 parking space for every 2 students, or at least 1 parking space for every 3 seats in the main auditorium or stadium, whichever is the greater. [Source: 17.74.050.B]
Skating Rink 1 space for every 100 square feet of skating area. Other users within the skating center such as seating for observation, game rooms, and other uses shall provide additional parking spaces required by the provisions of this chapter for each use. [Source:
17.74.070.C]
Stadiums and Similar Uses 1 space for every 4 seats for stadiums, ball parks, and other outdoor sports areas with fixed seating. [Source: 17.74.070.L] Swimming and Tennis Club Swimming and tennis clubs, cabana clubs, public neighborhood pools and similar recreational clubs or facilities shall provide at least the number of parking spaces or amount of parking area 656
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26 Table 17.28-1
Minimum Number of Spaces Required by Use
Land Use Spaces Required
required by the use requiring the greatest parking area plus 50 percent of the parking required by the sum of other uses, as specified in this chapter. [Source: 17.74.070.F]
Tennis and Other Court Games 2 spaces for each court. [Source: 17.74.070.D] Residential Uses
Boarding House 1 space for every 2 occupants based upon the maximum occupant load of the sleeping or dining area, whichever is greater. [Source: 17.74.020.D, modified]
Mobile Home Park 1 covered space for each mobile home site and 1 space for every 5 mobile homes for guest parking.
Supplemental parking for boats, travel trailers, and other vehicles shall be provided at a ratio of 1 space for every 5 mobile home sites. Parking Spaces shall be allowed on only one side of the interior streets. [Source: 17.68.090.A-D, modified] Multi-Unit Dwelling and Cluster Development 1.5 spaces for each studio or 1 bedroom unit and 2 spaces for each unit 2 bedrooms or larger. Any room which could be converted into a bedroom (such as a den) shall be considered a bedroom when computing required parking. 1 of the required parking spaces per unit shall be covered.
Developments which contain 6 or more units shall supply guest parking spaces at a ratio of at least 0.5 parking spaces per unit.
Developments which contain less than 4 units are not required to provide guest parking spaces. [Source: 17.74.020.B,
modified]
Single-Unit Dwelling, Two-Unit Dwelling, and Mobile Home on Individual Parcels
2 covered parking spaces shall be provided for each dwelling unit within the buildable portion of the parcel. The required parking spaces may be provided within a garage, a carport, or any combination thereof. Each parking space shall be at least 9 feet in width and 19 feet in length. All carports and garages shall have a driveway length of at least 20 feet free and clear from the back edge of the sidewalk which is for the temporary parking of vehicles. Driveways and parking aprons shall, at a minimum, have a chip and seal surface. [Source: 17.74.020.A] Retail, Service, and Office Uses
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Minimum Number of Spaces Required by Use
Land Use Spaces Required
Appliance Repair 1 parking space for every 600 square feet of gross floor area and one parking space per 2 employees. If located within a shopping center with other mixed-use development, which is predominantly retail, the appropriate shopping center
requirement applies, provided that there are mutual parking agreements, and the total cumulative gross floor area of this use does not exceed 10 percent of the gross floor area of the shopping center. [Source: 17.74.030. H]
Bank and Financial Institution 1 space per 200 square feet of gross floor area. If located within a shopping center or other mixed-use development which is predominately retail, the appropriate shopping center
requirement applies, provided that there are mutual parking agreements, and the total cumulative gross floor area of this use does not exceed 10 percent of the gross floor area of the shopping center. [Source: 17.74.040.C]
Bar 1 space for every four seats and 1 space for every 150 square feet of standing room area based upon the capacity of the fixed and movable seating area as determined under the Uniform Building Code. [Source: 17.74.030.B, modified]
Building Materials and Lumber sales 4.5 spaces for every 1,000 square feet of gross floor area in the main retail structure, plus any additional parking is required for Outdoor Sales establishments to the balance of the sales area that is not within the main structure. [Source: 17.74.030.D, modified]
Event Venues 1 space for every 3 seats, based upon the capacity of the fixed and movable seating area as determined under the Uniform Building Code but not less than one space per 50 square feet of dance floor for dancehalls, ballrooms, discos, and similar event venues where dancing is the principal use of the premises.
Restaurants, bars, and other recreational uses with incidental dancing shall provide parking according to the standards specified above based upon the area of that portion of the premises oriented to the dance floor. The parking required for the portion of the premises not oriented to the dance floor shall be based upon the standards specified in this title for the principal use of the premises. The Chief Building Inspector shall 658
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28 Table 17.28-1
Minimum Number of Spaces Required by Use
Land Use Spaces Required
determine which portions of the premises are oriented to the various uses. [Source: 17.74.030.G]
Hotel and Motel 1 space for each sleeping room, suite of rooms or housekeeping unit. Where other primary uses are located on the premises such as restaurants, bars, and meeting rooms, 100 percent of the requirement specified in this Chapter for the primary use requiring the greatest amount of parking shall be provided, and 70 percent of the requirement specified in this Chapter for the other uses shall be provided in addition. [Source: 17.74.020.C, modified]
Office Professional Office. 1 space per 400 square feet of gross floor area. Interior hallways used for access to office suites need not be counted in determining gross floor area. [Source:
17.74.040.A, modified]
Medical and Dental Office. 1 space per 200 square feet of gross floor area. If located within a shopping center or other mixeduse development which is predominantly retail, the appropriate shopping center requirement applies, provided that there are mutual parking agreements, and the total cumulative gross floor area of this use does not exceed 10 percent of the gross floor area of the shopping center. [Source: 17.74.040.B, modified]
Outdoor Sales. For outdoor sales areas (i.e., uncovered automobile or boat sales areas, building material and lumber yards, plant nurseries)
5 customer parking spaces for the first 5,000 square feet of uncovered sales area regardless of the actual area covered. In addition, one customer parking space for each additional 1,000 square feet of uncovered sales area to a required maximum of 20 customer parking spaces shall be provided. There shall also be at least one parking space for each employee on any given shift. [Source: 17.74.030.C, modified]
Personal Service 2 spaces for each established workstation or 1 parking space for every 150 square feet of gross floor area, whichever is deemed most feasible and necessary by the
Director, shall be provided. If located within a shopping center or mixed-use development which is predominantly retail, the appropriate shopping center requirement applies, provided that there are mutual parking agreements, and the total cumulative gross floor area of this use does not exceed 10 659
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Minimum Number of Spaces Required by Use
Land Use Spaces Required
percent of the gross floor area of the shopping center. [Source:
17.74.030.F, modified]
Restaurant 1 space for every 4 seats based upon the capacity of the fixed and movable seating area as determined under the Uniform Building Code. There shall also be 1 parking space for every 2 employees on any given shift. [Source: 17.74.030.B, modified] Retail Sales For general retail activities, including neighborhood markets, secondhand stores, wholesalers, restricted retail sales, and other mixed-use developments which are predominantly retail and utilize a common parking area through mutual parking agreements, parking shall be provided at a ratio of at least
4.5 spaces for every 1,000 square feet of gross floor area. [Source 17.74.030.A, modified]
For uses such as retail stores principally displaying and selling furniture, floor coverings, pianos and organs, and large appliances, parking shall be provided at a ratio of at least one space per 600 square feet of floor area. If located within a shopping center or other mixed-use development which is predominantly retail, the appropriate shopping center
requirement applies, provided that there are mutual parking agreements, and the total cumulative gross floor area of this use does not exceed 10 percent of the gross floor area of the shopping center. [Source: 17.74.030.E, modified]
Vehicle, Boat, and Trailor Sales 1 space for each 400 square feet of gross floor area, plus 1 space for each 2 employees, plus any additional parking required for Outdoor Sales. [Source: 17.74.030.J, modified] Vehicle Repair and Service 3 spaces for every 1,000 square feet of gross floor area. If located within a shopping center or other mixed-use
development which is predominantly retail, the appropriate shopping center requirement applies, provided that there are mutual parking agreements, and the total cumulative gross floor area of this use does not exceed 10 percent of the gross floor area of the shopping center. [Source: 17.74.030.I] 660
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30 17.28.050 Compact Parking Spaces.
Up to 20 percent of the spaces in a parking facility with ten or more spaces may be designed and designated for compact cars. All compact parking spaces shall be clearly marked with white lettering stating "Compact.” Compact vehicle space dimensions shall comply with Section 17.28.050 (Compact Parking Spaces). [Source:
17.74.160, 17.78.030.F]
17.28.060 Accessible Parking Spaces.
Accessible parking spaces shall be provided and designed in accordance with the requirements of Title 24 of the California Building Code and Federal ADA standards and requirements. [Source: 17.74.170, modified] A. Common parking facilities may be provided in place of the individual requirements specified in this Chapter and shared between the uses they serve provided the total number of off-street parking spaces, when used together, shall not be less than the sum of the various uses computed separately taking into consideration allowable reductions of parking requirements established in Section
17.28.070 (Reduction of Parking Requirements), below. [Source: NEW] B. When any common parking facility is to occupy a site of 10,000 square feet or more, then the parking requirements as specified in this Section for each two or more participating structures or uses may be reduced by not more than 10 percent of the total area of the common parking facilities required upon approval of development plans through the Site Plan Review Permit. [Source: NEW]
17.28.070 Reduction of Parking Requirements
Non-residential uses may provide alternative facilities or programs which serve to reduce parking demand in return for a reduction in vehicle parking requirements. Vehicle parking requirements may be reduced in accordance with the following provisions: [Source: 17.74.130] A. Shower/Locker Facilities. Developments with 100 or more employees may reduce their parking requirement by providing shower and clothing locker facilities for bicycle commuting employees.
Maximum reduction: two percent of required parking or five spaces, whichever is greater. [Source:
17.74.130.A]
B. Preferred Carpool/Vanpool Parking Spaces. Office or industrial developments which guarantee preferred parking spaces (i.e., covered, shaded, near building entrance) to employees who participate regularly in a carpool or vanpool may reduce their parking requirement by one vehicle space for every one space which is marked and reserved for carpools/vanpools at a preferred location. Maximum reduction: two percent of required parking. [Source: 17.74.130.B] 661
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31 C. Request For Special Review of Parking. Parking reductions exceeding the maximums specified in Subsections A or B above, or modifications of improvement requirements, may be granted whenever such reduction or modification is considered in conjunction with a review of a permit authorized by this Zoning Code. The project proponent shall submit with a parking plan and other documentation necessary to demonstrate that unusual conditions warrant a parking reduction, such as the multiple use of a parking area by uses having peak parking demands which occur at different times; floor plans which indicate that the floor area devoted to customer or employee use is less than typical for the size building proposed; or that other programs will be implemented by the developer or tenant(s) which will result in a demand for less parking at the site. The appropriate authority may require the recordation of agreements with the County Recorder, prior to issuance of a Building Permit, which assure that appropriate programs are implemented for the duration of the parking reduction. [Source: 17.74.130.C
17.28.080 Recreational Vehicle Parking in Residential Zones This Section regulates the parking and storage of recreational vehicles, boats, and boat trailers in residential zones. As further defined in Article 8 (definitions), recreational vehicles shall include any type of motor home, travel trailer, truck/camper, camping trailer, or camper (not mounted on a truck). [Source: 17.78.080, modified]
A. Recreational vehicles, boats, and boat trailers shall not be stored within the required front yard of any parcel within a residential zone. [Source: 17.78.080.A, modified] B. Recreational vehicles exceeding 12 feet in height shall not be parked or stored on a residentially zoned parcel. [Source: 17.78.080.B]
C. Recreational vehicles may be stored within a required rear or side yard subject to the following conditions: [Source: 17.78.080.C]
1. No such vehicle shall be parked or stored within five feet of a rear property line. [Source:
17.78.080.C.1]
2. No such vehicle shall be parked or stored within the required side yard on the street side of a corner parcel. [Source: 17.78.080.C.2]
3. A solid fence or hedge at least seven feet in height shall be constructed to screen recreational vehicle storage areas located within a required side or rear yard. [Source:
17.78.080.D]
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32 D. Recreational vehicles shall not be connected, either on a permanent or temporary basis, to any utility services, such as electrical (including extension cords), water, or sewer connections for the purposes of living or sleeping for any period of time, unless explicitly permitted by a planning permit.
E. Recreational vehicles shall not be stored on any property that does not have a legally permitted residential structure.
17.28.090 Off-Site Designated Parking
Commercial uses open to the public that require more than 30 parking spaces may be located on the premises, within 300 feet of the premises, or a combination of both, subject to the approval of an Administrative Use Permit. The off-site spaces to be included in the total parking requirement shall be located off-street and shall meet the all applicable development standards for off-street parking established in Section 17.28.040 (Number of Spaces Required). [Source: 17.74.140]
17.28.100 Parking Facility Design Standards
All new off-street parking facilities shall comply with the following standards. These standards shall not apply to single-unit dwellings. [Source: 17.78.030]
A. Off-street parking spaces shall be designed so that vehicles do not back out into an arterial or collector street. [Source: 17.74.080, modified]
B. The parking access area shall provide parking and maneuvering room for motor vehicles and structure or area of land or water. [Source: 17.74.080, modified] C. All parking areas, aisles and access drives shall be surfaced with a minimum of two inches of asphalt concrete surface over a four-inch untreated rock base. The subgrade shall be compacted to a minimum compaction rate of 90 percent. [Source: 17.78.030.A] D. Asphalt parking facilities shall have a two percent slope (24 inches per 100 feet) for drainage and shall have concrete drainage gutters. [Source: 17.78.030.B] E. All landscaped areas that abut a parking facility shall be separated by a concrete curb that is six inches in width and height. [Source: 17.78.030.C]
F. All parking stalls shall be delineated by stripping that is white and has a line width of four inches. [Source: 17.78.030D.]
G. Parking stall dimensions shall be as follows:
1. 90 Degree Parking. 90 degree parking stalls shall comply with the following dimensional standards.
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33 a. Stall Width: nine feet
b. Stall Length: 19 feet
c. Aisle Width: 25 feet
2. 60 Degree Parking. 60 degree parking stalls shall comply with the following dimensional standards.
a. Stall Width: nine feet
b. Stall Length: 21 feet
c. Aisle Width: 18.5 feet
3. 45 Degree Parking. 45 degree parking stalls shall comply with the following dimensional standards.
a. Stall Width: nine feet
b. Stall Length: 21 feet
c. Aisle Width: 13.5 feet
4. Parallel Parking. Parallel parking stalls shall comply with the following dimensional standards.
a. Stall Width: nine feet,
b. Stall Length: 24 feet;
5. Compact Space Parking. Compact parking stalls shall comply with the following dimensional standards.
a. Stall Width: eight feet
b. Stall Length: 16 feet
c. Aisle Width: 25 feet
H. Parking facilities which are adjacent to sidewalks shall install wheel stops in each parking stall, to prevent encroachment into the sidewalk space. Parking spaces adjacent to landscaped planters may be shortened by two feet provided that the planter is at least five feet wide for each parking aisle and the planter is landscaped in a manner that provides clearance for automobile bumpers.
Wheel stops shall not be required in these spaces. [Source:17.78.030.H and H.1] I. All parking facilities of 10 spaces or more shall have landscaped planters. One 15-gallon tree shall be planted for every five parking spaces. All landscaped planters shall be provided with an irrigation system and comply with Chapter 17.26 (Landscaping). [Source: 17.78.030.I, modified] 664
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34 J. No more than 40 percent of the street frontage shall be dedicated for parking facilities. [Source:
17.78.030.J, modified]
K. Parking facilities adjacent to residentially zoned properties shall construct a seven-foot solid masonry wall on the property line separating the two properties. A landscaped berm at least four feet tall and not exceeding a slope of 30 percent may be substituted for a masonry wall. When an alley separates a parking facility from a residentially zoned property a wall shall not be required. [Source: 17.78.030.K]
L. Parking facilities for offices that are converted residential dwellings shall be located to the rear of the office when access from the alley is available. [Source: 17.78.030.L] 665
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35 Figure 17.28-1
Parking Design Standards
666
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36 Figure 17.28-2
Parking Terms
17.28.110 Off-Street Loading Requirements
For every structure or facility occupied by manufacturing, storage, warehouse, wholesale, retail store, market, passenger terminal, theater, hotel, motel, restaurant, hospital, laundry, dry-cleaning plant, or other similar use requiring the receipt or distribution of vehicles or merchandise, adequate space for standing, loading, and unloading shall be provided and maintained on the same site in addition to the parking requirements of this Chapter. The adequacy of off-street loading space shall be determined by the Director. [Source: 17.74.180]
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39 Chapter 17.30 Sign Regulations
17.30.010 Purpose and Applicability
A. Purpose. The purpose of this Chapter is to regulate the size, height, design, location, number, and quality of signs in the City in order to protect the character of neighborhoods; provide a form of communication for businesses; and protect public safety and welfare by precluding signs that are visual obstructions to motorists and/or pedestrians. This chapter shall prevent the degradation of the visual quality of the city which can result from the proliferation of excessive amounts of signage, poorly designed signage, inappropriately located signage, and/or signage maintained in a hazardous or unsightly fashion. The intent of this chapter is to:
1. Advance the economic vitality of the city;
2. Improve the character and natural beauty of the community and its various neighborhoods and districts;
3. Promote the visibility of businesses through signage;
4. Enhance the public’s ability to identify uses and premises without confusion;
5. Prevent the proliferation of sign clutter;
6. Ensure the safety of pedestrian and vehicular traffic;
7. Provide specific instruction for the permitting of signage within the city; and
8. Implement objective sign design standards as may be adopted by the Council.
B. Signs in the city shall: __
1. Be of sufficient quality as to enhance rather than detract from the aesthetic value of structures and places;
2. Be proportionate to the scale of architecture;
3. Be compatible to the environment in which the signage is proposed to be located;
4. Be sensibly sized for public view;
5. Be commensurate with the purpose of the zone district in which the signage is proposed to be located;
6. Provide clear information for the purpose it is intended for. e; and
7. Should never compromise the safety of the public. [Source: 17.76.010, modified] 670
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40 C. Applicability. The standards of this Chapter apply to signs in all zoning districts. Only the signs authorized by this Chapter shall be allowed. [Source: NEW] D. Definitions. The following definitions shall apply to this Chapter:
A-Frame Sign. A portable sign with text and or images displayed on one or two surfaces with two edges connected with the other two edges spread so that the two faces read from different directions.
Advertising. Any written, electronic, or printed communication published, disseminated, circulated, or placed directly before the public, for the purpose of creating an interest in or inducing a person to procure a service, article, or attend or participate in an event or program.
Advertising Structure. All structures used as outdoor advertisement, regardless of size and shape, for the purposes of advertising anything, the origin or place of sale or service of which is not on the property with such advertising structure.
Animated Sign. Any sign which uses mechanical or electrical movement or change of lighting, either natural or artificial, to depict action or to create visual motion or the appearance thereof.
Apartment/Multifamily Identification Sign. A sign identifying an apartment or multifamily building or an apartment or multifamily complex.
Banner. Any cloth, bunting, plastic, paper, or similar non-rigid material attached to, or appended on or from, any structure, staff, pole, line, or framing upon which there is an advertising message, or which is intended for promotion.
Barber Pole. Rotating or stationery cylindrical pole of the traditional red, white, and blue spiral striped design, identifying the premises as a barber shop.
Base of the Sign Structure. The structural component of a freestanding sign located below the sign face.
Billboard. An Advertising Structure. See definition of “Advertising Structure”.
Business Center. A group of contiguous businesses which utilize common access, off-street parking, and/or the center name.
Business Sign. A sign which directs attention to a business, major category of products, services, industry, or other activity which is sold, offered, or conducted on the premises upon which such sign is located.
Changeable Copy Sign. A permanent sign, or portion of a sign, with a face panel having detachable, interchangeable individual lettering, which allows the lettering to be removed, altered, and replaced. Such signs shall not be changed more often than once every 24 hours. A sign on which the message changes more than once per 24-hour period shall be considered an animated sign and not a changeable copy sign for purposes of this chapter.
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41 Changeable Panel Sign. A permanent sign that allows the face panel, having fixed lettering, to be removed and replaced. Such signs shall not be changed more often than once every 24 hours. A sign on which the panel changes more than once per 24-hour period shall be considered an animated sign and not a changeable copy sign for purposes of this chapter.
Copy. The design of a sign face consisting of letters, colors, patterns, images, and/or similar content.
Electronic Reader Board. Sometimes called electronic signage, refers to display technologies like LED walls (or video walls), projection and LCD monitors to vividly display rotating text, webpages, videos, directions, restaurant menus, marketing messages or other digital images.
Directional Or Informational Sign. A sign giving only information and direction to the viewer and containing no advertising message.
Directory Sign. A sign or set of similarly designed individual signs, placed or displayed in sequence, to list all or a part of the businesses within a building, business center, or shopping center.
Display Window. A window area, typically located along the front elevation of a business, and/or in conjunction with a public entrance into the business, which displays merchandise available for purchase within. Display Windows may or may not include decoration, including seasonal decor, as well as textual elements such as prices and promotional verbiage. A display window shall not function as a marketing window.
Exempt Sign. A sign which is not subject to a sign permit.
Excessively Weathered shall mean, including but not limited to, signs where the condition of the paint or structural material has become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, fading, dry rot or warping. Removal shall be at the expense of the property owner on which the sign in question is located.
Flag. Any fabric, banner, or bunting containing distinctive colors, patterns, or design that displays the symbol(s) of a nation, state, local government, company, organization, belief system, idea, or other meaning.
Flashing Sign. Any sign which is perceived as an intermittent light, flashing light, or changing of color intensity light.
Freestanding Sign. A sign installed upon, or mounted on top of the ground, in a permanent fashion, which sign is self-supporting, not attached to a building. Signs mounted on architecturally integrated extensions of buildings shall not be considered freestanding.
Freeway Sign. An on-site and privately maintained sign that is building mounted or freestanding and is intended to be viewed from a freeway.
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42 Frontage, Occupancy. A single lineal dimension measured horizontally along the front of a building which defines the limits of a particular business or use at that location and which has direct public pedestrian access through an exterior wall.
Frontage, Site. The length of a site along the street or other principal public thoroughfare, but not including such a length along an alley, watercourse, railroad, or freeway.
Gasoline Price Sign. An on-premises sign identifying the brand, and/or type, and price of gasoline sold.
Governmental Or Other Signs Required by Law. A sign placed in any area of the city by a governmental entity or private individual or business as required by federal, state, or local laws.
Graphics. All lettering, logos, pictures, symbols, patterns, and depictions, including color, on a sign.
Ground Sign. A freestanding sign. See definition of “Freestanding Sign”.
Height. The distance from the sidewalk or roadbed grade nearest the base of the sign to the top of the highest element of the sign. When there is no sidewalk, the grade of roadbed nearest the sign shall be used.
Identification Sign. A sign which serves to tell only the name, address, and lawful use of the occupant or building upon which the sign is located.
Illuminated Sign. A sign in which an artificial source of light is used in order to make the message readable.
This definition shall include internally and externally lighted signs and reflectorized, glowing, or radiating signs.
Institutional Sign. A sign identifying the premises of, or announcing the activities conducted by, a church, school, hospital, rest home, or similar institutional facility.
Legal Nonconforming Sign. Any sign which was lawfully permitted, erected, and maintained that does not conform to existing standards.
Logo. The name, symbol, emblem, insignia, or trademark of a company or organization.
Major Tenant. A tenant in a business center having three or more leasable spaces, leasing a large portion of the leasable space in such center. The minimum size of a major tenant shall be 10,000 square feet.
Manager or Office of Manager Sign. A sign which identifies the location of the manager or the office of the manager of property.
Mansard Roof. A roof having an almost vertical facing on three or more sides on the exterior portion of the roof and an almost horizontally flat roof on the interior portion of the roof.
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43 Marketing Window. Floor space constructed within a structure that is designed and built to be exclusively used for promotional graphics to be viewed from the exterior of the structure. The space is designed only to provide an interior vestibule from which additional promotional graphics can be employed to attract attention and no access to the space is available to the general public.
Marquee Sign. Any sign which is on top, attached to the face, or suspended below a marquee, canopy, cantilevered covered walkway, or arcade, whether parallel to or at right angles to the face of the building.
Master Sign Program. A coordinated program of one or more signs for an individual business establishment, business center, or shopping center.
Monument Style Sign. A freestanding sign where the height of the sign is equal to or less than the length of the base of the sign and having a maximum height of ten feet. The area below the sign copy shall be solid from the ground to the lower edge of the copy area.
Mural. An original work of art hand-painted on a structural wall surface, not intended to advertise, but instead to aesthetically entertain.
Off-Premises Sign. The same as advertising structure. See definition of “Advertising Structure”.
On-Building Sign. A sign attached to, and wholly supported by, the wall of a building.
On-Site Sign. A sign specifically related in its subject matter to the premises on which it is located.
Pennant. Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, attached to a rope, wire, or string, usually in a series, designed to move in the wind and attract attention.
Parking Facility Sign. A sign placed or displayed in a parking lot to supply information to people using such lot, including information with respect to liability.
Placed or Displayed. Erected, constructed, posted, painted, printed, tacked, glued, carved, or otherwise fastened, fixed, or made visible in any manner whatsoever.
Plaque. An ornamental tablet, typically of metal, porcelain, or wood, that is fixed to a wall or other surface in commemoration of a person or event.
Political Sign. A sign which advertises, solicits votes, or elicits support for a candidate or candidates for public elective office, or a political party, or a sign urging a particular vote on a public issue decided by an official election.
Portable Sign. Any sign or advertising device that is not permanently embedded in the ground or affixed to a building or other structure, including any sign that rests upon the ground, a frame, a building, or other structure or item.
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44 Projecting Sign. A sign characterized by its attachment at an angle or perpendicular to the face of a building as opposed to being mounted flat on the surface of such building. Any sign which extends 12 inches or more from a building surface shall be considered a projecting sign.
Public Entrance. An entrance into a building recognized as a main or principal entrance. Fire exit only doorways and/or employee only entrances shall not be included as public entrances.
Public Place. Any and all public streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings, held and possessed within the public trust.
Reader Board Sign. The same as a changeable copy sign. See definition of “Changeable Copy Sign”.
Real Estate Sign. A sign offering developed or undeveloped real property for sale, lease, or rent.
Roof Line. A horizontal plane projected parallel to the plane of the roof fascia line or top of a parapet wall or an angular plane projected parallel to the verge rafter of a gable roof.
Roof Sign. Any sign erected upon or above the roof line of a building or placed above the apparent flat roof or eaves of a building.
Shopping Center. For the purposes of this Chapter, “shopping Center” means a group of commercial establishments planned, generally constructed, and managed as a total entity with employee and customer parking provided on the site under common control or shared under a reciprocal agreement. Shopping Center is further defined as “major” (50 or more acres or 300,000 square feet or more of total floor area), “community” (10 to 50 acres), and “neighborhood” (up to 15 acres). For the purposes of this chapter, commercial developments shall be classified as shopping centers, rather than business centers, when they are comprised of at least ten businesses/tenants and have a minimum of 50,000 square feet.
Sign. Any figure, character, outline, delineation, announcement, declaration, demonstration, illustration, emblem, words, numerals, or letters of an attention-attracting display or device painted, illuminated, posted, or affixed on any surface or in a manner used to attract attention to the premises or to advertise or promote the interest of any person, activity, business, or enterprise when the same is placed so that it is clearly visible to the general public from an out-of-doors position; provided, however, noncommercial natural floral and plant displays shall not be considered signs in computing the number or area of signs permitted.
Sign Area. The area of a sign encompassed by a maximum of eight connected straight line segments drawn around the extremities of the sign frame or can (if a frame or can is used to support or define the copy background area), or the sign copy background area (if no sign, frame, or can is used), or the sign copy (if no copy background area or frame or can is used).
Sign Clearance. The vertical distance between the bottom of a sign and the sidewalk or roadbed grade nearest the base of the sign.
Sign Face. The same as sign area. See definition of “Sign Area”. 675
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45 Sign Structure. Any structure which supports or is capable of supporting any sign. A Sign Structure. may or may not be an integral part of a building. For the purpose of a freestanding sign, the sign structure shall include the aggregate area of the sign, including the sign copy and all structural elements of the sign.
Site. An individual parcel or the area within the extreme boundaries of a multiple business or shopping center without regard to the individual lease lines or parcels within such center.
Subdivision Directional Sign. An off-premise sign providing information on the location of a subdivision whose lots, parcels, or units are being offered for sale, lease, or rent.
Subdivision Identification Sign. An on-premise sign advertising developed or undeveloped real property which has been divided into five or more lots, parcels, or units for sale, lease, or rent. (Signs advertising fewer than five such lots shall be treated as “real estate signs.”) Temporary Identification Sign. A sign used in place of a permanent identification sign until such time as the permanent sign can be installed.
Temporary Freestanding Sign. A sign, temporary in nature, which neither satisfies the definition of a freestanding sign or on-building sign, to include, but not limited to, A-frame signs, I-frame signs, stabbers, feathers, waivers, and vehicle signs.
Temporary Sign. A sign to be displayed for a period not to exceed 14 days (except temporary identification signs).
Under-Canopy Sign. A sign under a canopy or awning of a building which sign identifies a business, profession, or industry conducted on the premises by name only.
Vehicle Sign. A sign on a vehicle used for the purpose of advertising a business location, a special sale, or the like by any means.
Waver Sign. An individual or apparatus which is used for the purpose of advertising a business location, a special sale, or the like by any means, with or without a sign, with or without a costume.
Wall Sign. Any sign painted on or attached parallel to the wall facing of a building and projecting not more than 12 inches from the building face. See definition of “On-Building Sign”.
Window Sign. A sign attached to, suspended behind, placed, or painted upon the window or glass door of a building and intended for viewing from the exterior of such building. This definition does not include merchandise offered for sale on site, when on display in a window.
Windblown Device. A manmade device which visibly moves when blown by the wind, other than flags or banners.
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46 17.30.020 Standards for Permitting Requirements
A. Approval requirements. Except as otherwise noted in this Chapter, it is unlawful for any person to erect, construct, or relocate any sign in the City without first obtaining approval from both the Planning and Building Divisions. A Building Permit shall be required for the construction of any sign except those not required under Title 24 of the California Building Code.
B. Application requirements. In order to file an application for any action under this chapter, the applicant shall have a certain legal interest in the real property, which is the subject of the application, which legal interest e.g. owner, seller or purchaser under contract, or lessee may submit an application to the Planning Division for processing as follows:
1. The application shall be in the number of copies and in the format designated by the Director. All sign review applications shall include the following:
a. Completed application form to include all required signatures; b. Payment of the required fee, as set by resolution of the City Council; c. Scaled drawings in the format and amount determined by the Director to include:
scaled plot plan of the subject property, identifying the location of all proposed signs; ii. scaled drawings of all proposed signage with sign size(s) calculated; iii. scaled drawings of all building elevationsto include all existing and proposed signs; and
d. All exhibits shall include a legend, and a color scheme, and show the type of illumination, method of attachment, material composition, disconnect switch wherever applicable, letter, words, symbols, and graphics to be depicted, and other information which may be needed to determine that the provisions of this chapter have been satisfied.
2. In processing sign applications, the following criteria shall be used to approve, conditionally approve, or disapprove:
a. The sign shall be consistent with the applicable standards, exceptions, and prohibitions set forth in this chapter; and
b. The sign’s location and copy shall not cause a visual or safety public nuisance for the site or surrounding uses.
c. The sign meets applicable approved master sign program standards.
3. The Director shall review all sign review permit applications and shall either approve, approve with modifications, or deny an application in accordance with the requirements of this chapter and any other applicable requirements of federal, state, or local laws. 677
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47 4. In the event of denial, the Director shall provide written notice of a denial to the applicant within five working days after a decision is rendered. The applicant may only appeal a denial decision of the Director to the Planning Commission pursuant to the provisions of Chapter 17.114 (Appeals).
C. Compliance with other codes. The erection or placement of all signs shall meet the requirements of the Public Utilities Commission of the state, the Uniform Building Code as adopted by the City, and all other relevant federal, state, and local laws and regulations.
D. Shopping center signs. The sign program for shopping centers shall be subject to the Director’s approval. The design criteria for all signs to be located within a shopping center or a mall-type development shall be approved before any individual sign permit application for the development is processed. Such review is to ensure that signs located within a shopping center are harmonious and of compatible design.
E. Lighting for exterior illuminated signs. Lighting for exterior illuminated signs shall be so arranged that it does not create a hazardous glare for pedestrians or vehicles, either on a public street or on any private premises. Each sign shall be designed so that illumination does not exceed 10 candlepower at a distance of ten feet from the sign.
F. Lighting. No artificial light of whatever type or nature used in conjunction with, or for the purpose of, lighting any sign shall be so located or constructed, nor shall any substance or material be used capable of reflecting light on or into any adjoining or nearby lot, structure, or public right-of-way.
When spotlights or floodlights are used to illuminate a sign, the reflector shall be provided with proper shields or glass lenses concentrating the illumination upon the area of the sign so as to prevent glare upon the street or adjacent property.
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48 G. Screening light sources. Whenever an illuminated sign is permitted, every part of its light source shall be concealed from view, and the light shall not travel from such light sources straight to the viewer’s eye, but instead shall be visible only from a reflecting or diffusing surface. Exempt from this requirement shall be neon tubing which conforms to division (E) of this section (lighting for exterior illuminated signs) and is included in the calculation of the total permanent sign area. As used in this section, “light source” shall mean a bulb or tube from which light is emitted when the bulb or tube is activated (electronically or otherwise), including, but not limited to, incandescent filament bulbs, electric discharge bulbs, and fluorescent tubes.
H. Measurement of Sign Area. __
1. Wall signs consisting of one or two lines of copy. Wall signs consisting of one or two lines of copy painted on or attached to a building wall where the portion of the wall behind the sign is the same color as the rest of the wall and does not serve as a frame area shall be measured by the smallest regular geometric shape not exceeding eight sides which encompasses each word, emblem, and/or symbol composing the sign. Areas between words in a line and between lines shall not be measured as long as they are reasonably spaced.
2. Other wall signs. Three lines or more of copy or nonlinear arrangement shall be measured as that area which can be enclosed within the smallest regular geometric shape not exceeding eight sides which encompasses the total message, including the open space between cutout letters, panels, figures, symbols, and/or objects.
3. Signs which are framed or have distinguishing color background. Signs which are framed or have distinguishing color background shall be measured by taking the entire area of the sign and background, including the framing surface.
4. Multiple face signs. The area of all faces shall be added together to determine the total sign area. However, double-faced signs may be erected having the allowed sign area on each side of the sign provided that the two faces shall not be positioned at greater than 45- degrees to one another. When the two faces of a sign are positioned at greater than 45- degrees to one another, faces of each side shall be counted individually in determining the total sign area.
5. Neon tube lighting. Illuminated neon tubing when outlining portions of buildings or windows shall be deemed to have a minimum width of at least six inches in the calculation of sign area. Where an area bordered by such lighting is substantially a closed geometric shape, all the area enclosed shall be considered the sign area. 679
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49 17.30.030 Signs Subject to a Conditional Use Permit
The following signs shall require a Conditional Use Permit:
A. Murals on privately owned property. [Source: 17.76.060.A] B. Electronic Reader Board [Source: New]
C. Specific Use Signs as required under Section 17.30.080.
17.30.040 Exempt Signs
The following types of signs shall be exempt from the requirements of this Chapter:
A. Construction Site and Subdivision Signs. Temporary construction signs that identify the architects, engineers, contractors, or other individuals or firms that are involved with a construction project.
There shall be no more than two signs on the site. These signs shall not exceed 32 square feet in area and shall be removed when construction is completed. [Source: 17.76.030.A and C, modified] B. Temporary Signs on Property Offered for Sale, Rental, or Lease. Temporary signs are allowed on private property in any zoning district being offered for sale, rental, or lease subject to the following limitations. These signs shall not exceed eight square feet. These signs shall not be erected for more than four days during any one-month period The sign shall remain only as long as some portion of the property advertised for sale remains unsold, unleased or not rented, or for a period of two years, whichever period is shorter. [Source: 17.76.030.B and D, modified.] C. Temporary Off-Site Signs. Temporary off-site subdivision and/or signs which advertise the sale, lease, or rental of another property may be erected to direct prospective purchasers to a subdivision that have parcels or homes for sale. These signs shall not be erected for more than four days during any one-month period. Said signs shall not exceed eight square feet. [Source:
17.76.030.D]
D. Window signs. Temporary window signs (non-internally illuminated) announcing special sales, a change in management, individual product and/or price signs, or similar information and designed to be viewed from adjacent streets, sidewalks, public right-of-way, or parking for a period not exceeding 30 days. This section is not intended to allow additional permanent signs. Window signs which are painted on, or temporarily affixed to the window surface shall not cover more than 60 percent of any single window or series of windows, nor more than 30 percent of the entire surface area of available windows, and shall not be affixed as to block clear view of exits or entrances or to create a safety hazard to persons exiting or entering. The total area of window signs shall not be greater than the permanent on-building sign area allowed for the business/use.
Window signs which are not covered by the temporary sign provisions, shall only be allowed as permanent signs with the approval of the required sign permit. 680
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50 E. Credit cards, debit cards, ATM, and association membership. Credit cards accepted, debit cards accepted, ATM availability, and association membership signs when not exceeding one-half square foot per window sign and one and one-half square feet per hanging sign and a total of four in number.
F. Directional signs. Signs bearing no advertising message or logo and are located on the site may be erected when necessary to facilitate circulation within the site or facilitate egress and ingress. Such signs shall not be counted against the site’s allowed sign area. The size, number, and placement of directional signs may be limited by the Director.
G. Informational signs for the safety and convenience of the public. Signs such as “open/closed,” “rest rooms,” “telephone,” “danger,” “impaired clearance,” “no smoking,” and other signs of a similar nature (“parking in rear,” “drive-in window,” and parking facility signs) may be allowed up to four square feet in area under this section.
H. Official signs. Official signs posted pursuant to, and in the discharge of, any governmental function by public officials in the performance of their duties (including traffic and street name signs, as well as notices, emblems, or other forms of identification and signs required by law).
I. Signs required by law. Signs displayed by private individuals when required by law or regulations of any governmental agency or law.
J. Political Sign. Political and campaign signs which announce a candidate or political issue shall not exceed 32 square feet, or as governed by other applicable State or Federal law. Removal shall take place two weeks after the election. [Source: 17.76.030.F] K. Vehicle Fueling Station Signs. Signs required to be posted at fuel stations pursuant to California Business and Professions Code Sections 13530 et seq. [Source: NEW] L. Nameplate and Address Signs. The following signs are intended to assist emergency response personnel in locating a site. [Source: 17.76.030.J and L, modified]
1. Residential. Occupant name, street number, and street name signs not exceeding two square feet in area per single-unit or multi-unit unit. [Source: NEW]
2. Nonresidential. Signs for commercial, office, and industrial uses not exceeding two square feet, with copy limited to business identification, hours of operation, address, and emergency information [Source: 17.76.030.L, modified]
M. Internal Signs. Signs within structures that are not visible from any point on the boundary of the premises. [Source: 17.76.030.M, modified]
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51 N. Public and Institutional Signs. Signs erected and maintained by any federal, state, or local governmental agency or that are required to be erected and maintained by any federal, state, or local governmental agency or court or by any federal, state or local law, ordinance or other governmental regulation, including but not limited to, signs erected by a public utility. [Source:
17.76.030.H, modified]
O. Flags, Plaques, and Banners. __[Source: 17.76.030.I] P. Integral signs. Signs which have been built into a structure when the sign has been carved into stone or fixed to the structure using a metal plaque. [Source: 17.76.030.K] Q. Garage Sale Signs. The signs on private property shall be removed within 24 hours following the sale date. [Source: 17.76.030.N]
R. Seasonal Decorations. Holiday greetings, decorations, and displays, such as relate to Christmas, Thanksgiving, the Fourth of July, and the like, such that said seasonal decorations are removed within 14 days after the appurtenant holiday event and excluding advertising signs disguised as seasonal decorations.
17.30.050 Prohibited Signs
The following signs are prohibited from being erected in the City: [Source: 17.76.040] A. Signs which may imitate an official traffic sign or signal; [Source: 17.76.040.A] B. Signs which may hide from view any traffic or street sign or signal; [Source: 17.76.040.B] C. Portable signs which are portable, A-frame, I-frame signs, “feathers,” and “stabbers”, to include “waver” signs on public right-of-way, except as permitted under the provisions of this Chapter, on private property for seasonal or temporary use.; [Source: 17.76.040C] D. Off-premises signs, except as permitted under the provisions of this Chapter.; E. Signs which project over a sidewalk less than 8 feet above the surface of the sidewalk.; [Source:
17.76.040.D]
F. Signs which project over an alley and are less than 15 feet high; [Source: 17.76.040.F] G. Flashing or rotating signs; [Source: 17.76.040.G]
H. Roof-mounted signs; [Source: 17.76.040.H]
I. Signs on telephone poles, utility poles, trees within the public right-of-way, street light, and street signs; and [Source: 17.76.040.I]
J. Billboards. [Source: 17.76.040.J]
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52 K. Signs having one or a combination of the following characteristics:
1. Obscene or offensive to morals. Containing statements, words, or pictures of an obscene, indecent, or immoral character which, taken as a whole, appeal to the prurient interest in sex, and which signs are patently offensive and, when taken as a whole, do not have serious literary, artistic, political, or scientific value;
2. Imitative of official signs. Signs (other than when used for traffic direction) which contain or are an imitation of an official traffic sign or signal, or contain the words stop, go, slow, caution, danger, warning, or similar words, or signs which imitate or may be construed as other public notices, such as zoning violations, building permits, business licenses, and the like; and
3. Fluorescent colors. Any permanent signs containing florescent colors as all or part of their copy; and
4. Natural despoliation. Signs which are cut, burned, limed, painted, or otherwise marked on a field, tree, rock, or other natural item.
L. Moving signs having one or a combination of the following characteristics:
1. Flashing of lights, blinking of lights, or changing of color intensity, except those permitted as part of seasonal decorations;
2. Animation (such as by mechanical movement of parts of the sign, projections on or within the sign, or changes on the shape or content of the sign face), to exclude “time and temperature” devices. This shall include, but is not limited to, flashing, blinking, flickering, moving textual messages, moving, rotating signs, and frames which appear to rotate, except those permitted as part of seasonal decorations;
3. Windblown devices and/or inflatable signs, whose movement is designed to attract attention, such as pennants, flags, balloons, or other inflated objects, or reflective attachments to sign faces, except those specifically permitted (as temporary signs in Section 17.30.040, and except those permitted as part of seasonal decorations, or flags which are specifically exempted by Section 17.30.040 of this Chapter);
4. Banners, with the exception of those which are specifically exempted by Section 17.30.040 of this Chapter; and
5. Where there is any production of smoke, fog, sound, light, or other substance or matter.
M. Obstructive to use or visibility, hazardous locations. No sign shall be erected in any manner which, in whole or in part, would create a hazardous condition to pedestrians or traffic alike, either by obstructing the free use of exits, building or site, or by creating visual distraction, being color, sound, or glare, or representing a traffic control device. 683
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53 N. Obstructive visibility to public safety. Blocking or covering more than 33% of any window or door with any permanent material shall be prohibited unless specifically permitted by this code. Any application of window film or similar material on any part of a window or door shall allow no less than 40% visible light transmission.
O. Within public places. Within any public street, sidewalk, any publicly accessible parking lot, or rightof-way, or other publicly owned facility, unless they shall maintain a minimum clearance of 15 feet above the adjoining grade level and after acquiring an encroachment permit from the City, except marquee signs as defined by this Chapter, unless specifically provided for in this Chapter.
P. Vehicle signs where the primary purpose of the vehicle is to serve as a billboard or sign. No vehicle or trailer may be used as a platform or substitute for a billboard, freestanding sign, or movable sign, whether parked on public or private property or found in the public right-of-way. This is specifically intended to include the use of vehicles as a freestanding or off-premises sign and does not apply to signs maintained on vehicles when such advertising is incidental to the primary purpose for which the vehicle is being used (such as delivery service).
Q. Miscellaneous temporary signs and posters. The tacking, posting, or otherwise affixing of signs of a miscellaneous character, visible from a public way, located on the walls of buildings, barns, or sheds or on trees, poles, posts, fences, or other structures shall be prohibited, unless specifically permitted by this chapter.
R. Distribution of handbills and flyers. The distribution or circulation of any advertising samples, handbills, circulars, booklets, or other notices of commercial advertising on vehicles or public facilities shall be prohibited.
Figure 17.30-1
Examples of Prohibited Signs
17.30.060 Temporary Signs
A. Temporary signs shall be allowed at the following times:
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54 1. Holiday promotion periods. Within identified holiday periods, temporary promotion signs shall be limited to banners, painted window signs, and/or pennants, not to exceed in size the total allowable on building sign area for the business/use. Such signs may be displayed without a sign permit or prior approval by the city. The allowed holiday promotional display periods are as follows:
a. Valentine's Day, and the preceding six days.
b. Easter Sunday, and the preceding six days.
c. Mother's Day, and the preceding four days.
d. Independence Day, and the week (Monday - Sunday) thereof. e. Almond / Harvest Festival day, and the week (Monday - Sunday) thereof. f. Halloween, and the preceding six days.
g. Thanksgiving, the preceding 10 days and the following three days. h. Christmas/New Year’s Holiday season (December 1st to December 31st).
2. Additional promotion periods. In addition to the holiday promotional periods listed above, a business may display banners, painted window signs, pennants, and/or windblown devices/inflatable signs not to exceed in size the total allowable on building sign area for the business/use, during two additional 14-day periods each calendar year. The additional two-week (14 day) periods may be at the discretion of the business owner per the approval of the Planning Division. To display special promotion temporary signs, a business must obtain an approved Temporary Sign Permit from the Planning Division of the city. The application shall indicate the time period and type of display. Such signs may be used in conjunction with an event or sale and may be displayed for 14 days maximum. Such promotional displays shall not list individual product prices. Special promotion periods may be used in place of a holiday promotion period (overlaid), as long as they do not extend the 14-day maximum period.
3. Grand opening signs. A business may apply to the Planning Division for a temporary sign permit for grand opening signage. A-frame signs, I-frame signs and portable changeable copy signs shall be limited to only one grand opening and a maximum display time of 30 days per business, with a written request approved by the Director.
4. Going out of business. A business may apply to the Planning Division for a temporary sign permit in order to facilitate the liquidation of inventory for a closing business for a period not to exceed 90 calendar days. Such a permit will be allowed only once for any business, with a written request approved by the Director. Change of ownership, change of management, business remodel, or business renovation events are not valid. 685
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55 B. Approval Requirements. An application for a Temporary Sign Permit shall be submitted for review and approval no less than five business days prior to the proposed installation date of the temporary signs. The application shall include a site plan identifying location of signs and scaled drawings of the temporary signs.
17.30.070 Signs Allowed by Zone
Signs located in the following zones and that are consistent with the following provisions shall be allowed.
The standards contained within this section apply to one side of the sign. In no case shall the sign area exceed 10 percent of the wall face on which it is located. [Source: 17.76.050] A. Urban Reserve (UR), Open Space, Recreation and Public Facilities (O), and Rural Residential (RR) Zones. These zones shall comply with the following sign standards.
1. One address sign not to exceed two square feet. [Source: 17.76.050A.1, modified]
2. One advertising structure in which the total surface area shall not exceed 32 square feet. [Source: 17.76.050A.2]
3. One temporary sign advertising the property for sale, rent, or lease. This sign shall not exceed 32 square feet. [Source: 17.76.050.A.3]
B. Single-Unit Residential and Multi-Unit Residential Zones. These zones shall comply with the following sign standards.
1. One address sign not to exceed two square feet per single-unit residence and multi-unit dwelling structure. [Source: 17.76.050.B.1, modified]
2. One subdivision or multi-unit dwelling sign shall be allowed per entrance. This sign shall not exceed 32 square feet. If ground-mounted, the top of the sign shall not exceed five feet in height. [Source: 17.76.050.B.2]
C. Professional and Administrative Office Zone (PA). This zone shall comply with the following sign standards.
1. On- building signs shall be allowed as follows: __[Source: 17.76.050.C.1] a. Size. Each business frontage having a public entrance and set back from the street less than 150 feet shall be allowed on-building identification signs having an area of one-half square foot per front foot of building lease area, up to 30 square feet of maximum area. Buildings set back 150 feet or more from the street shall be permitted one square foot of sign area per front foot of building lease area, up to 50 square feet.
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56 b. Location. When approved by the Director, the sign area may be transferred from a frontage with a public entrance to one without a public entrance provided the ratio of signing per lineal foot is not exceeded on any one elevation. c. Placement. On-building signs and projecting double-signs shall not extend above the wall, facade, parapet, or eaves of the structure on which they are located.
2. Office. developments may use one of two optional freestanding sign programs: a single freestanding sign listing the name and address of the office center, or the business in the case of a single business development. The sign area and the sign height shall not exceed those listed in Table 17.30-1 (Profession and Administrative Development Signs): [Source:
17.76.050.C.2]
Table 17.30-1
Professional and Administrative Development Signs
Each Street Frontage Height Face Area
0 - 50 4' 12 Sq. Ft.
51 - 100 6' 18 Sq. Ft.
101 - 200 8' 24 Sq. Ft.
201 - 400 10'* 32 Sq. Ft.
401 - Plus 12'* 48 Sq. Ft.
* A minor deviation to increase the height or surface area of the sign may be granted by the Director where the Director determines a taller sign “structure” shall enhance the design of the development.
3. Location. The location of freestanding signs shall not be less than three feet inside the property line and shall not interfere with the safety of vehicular traffic entering into or exiting from an office development property or with vehicular traffic or pedestrians. [Source: 17.76.050.C.3]
4. Number. The allowable number of freestanding signs shall be as follows:
a. The total face area may be utilized in one sign or be divided among one sign per street frontage, with a maximum height of eight feet and provided a minimum distance of one-half of the width of the lot is maintained between each sign and the street corner of the lot. This provision shall be for frontages having 201 feet or greater of the total street frontage and shall be approved by the Director. b. When an office building has more than one tenant, individual low-profile freestanding signs for each tenant may be permitted in lieu of a single freestanding sign for the site, as permitted by subsection (a) of this section. Such low-profile signs shall be uniform in construction (except for copy) and shall not exceed four 687
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57 feet in height, eight feet in length, and two feet in width per business. Such low profile signs shall be limited to copy on one side and placed parallel to the street.
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58 D. Neighborhood Commercial Zone (CN). This shall comply with the following sign standards.
1. One and one-half square feet of sign area for each two square feet of linear structure frontage not to exceed 45 square feet unless the use is located on a corner parcel in which case the sign area shall not exceed 60 square feet. Where the frontage is on more than one street, only the signs computed using the frontage of that street shall face that street. [Source: 17.76.050.D.1]
2. These signs may be ground- or wall-mounted, or a combination of both. Ground-mounted signs shall not exceed six feet in height. [Source: 17.76.050.D.2]
3. Each retail structure is allowed to have two square feet of sign area for each foot of structure frontage not to exceed a maximum of 50 square feet. These signs shall be fixed flush with the structure. [Source: 17.76.050.D.3]
4. Pole signs are prohibited in the CN zone. [Source: 17.76.050.D.4] E. General Commercial (CG) and Service Commercial (CS) Zones. The CG and CS zones are allowed freestanding signs, subject to the following provisions: [Source: 17.76.050.E, modified]
1. One freestanding sign shall be allowed for each parcel of land. Each freestanding sign shall be allowed as indicated in Tables 17.30-2 and 3, except as provided for in Paragraph (E)(4) of this section, below. [Source: 17.76.050.E.2, modified] Table 17.30-2
Single Tenant Development on a Parcel
Building Street Frontage Height Face Area
0 - 50 6' 20 Sq. Ft.
51 - 100 8' 30 Sq. Ft.
101 - 150 10' 40 Sq. Ft.
151 - 200 12' 50 Sq. Ft.
201 - 400 14' 60 Sq. Ft.
401 - Plus 20' 100 Sq. Ft.
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59 Table 17.30-3
Multi-Tenant Development on a Parcel
Building Street Frontage of Development Height Face Area 0 - 50 6' 40 Sq. Ft.
51 - 100 8' 50 Sq. Ft.
101 - 150 10' 60 Sq. Ft.
151 - 200 12' 80 Sq. Ft.
201 – 400 16' 100 Sq. Ft.
401 - Plus 25' 120 Sq. Ft.
2. In addition to the allowable freestanding sign allowance, shopping centers with a street frontage of 700 linear feet or greater shall be allowed secondary tenant freestanding identification signs. The number of secondary signs shall not exceed one per main drive approach for a maximum of two. Sign area shall not exceed 100 square feet of sign area per sign, with individual panels of no more than ten square feet. Identification signs shall have a maximum height of 20 feet. Such signs shall be granted for minor tenants within the center, located more than 150 feet from the street the business intends to serve. The design and location of each shopping center sign shall be reviewed and approved by the Director. [Source: 17.76.050.E.4]
3. Location: The location of such signs shall not be less than three feet inside the property line and shall not interfere with the safety of vehicular traffic entering into or exiting from the business center or with vehicular street traffic or pedestrians. On corner lots, it is the intent of this section that signs are not placed at the corner of one street frontage to be viewed from another street frontage. Generally, multiple freestanding signs for independent businesses and business centers shall be centered on the street frontage on which they are placed.
4. Number: Only one freestanding sign shall be allowed for and upon each street frontage.
Without increasing the total freestanding sign allowance for corner parcels, the Director may allow the linear footage of two or more connecting street frontages to be combined for corner parcels in order to obtain a greater face area for a freestanding sign along a particular frontage than would otherwise normally be permitted, subject to the following restrictions:
a. The height of the freestanding sign does not exceed that otherwise permitted for the street frontage on which the sign is placed, based on values denoted for the linear footage on that street; and
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60 b. The combined face area of the freestanding sign does not exceed that otherwise permitted for the street frontage on which the sign is placed by more than 25 percent.
5. Minor tenant directional signs: Shopping centers shall be allowed on-site directional signage for minor tenant identification. The number of directional signs shall not exceed one per main drive. Signs shall not exceed ten square feet of sign area per sign, with individual panels of no more than three square feet. Minor tenant directional signs shall have a maximum height of six feet and should architecturally integrate with the shopping center site. Signs shall be located a minimum of 40 feet from the nearest street property line, and the location shall be subject to approval by the Director. It is not the intent of this section to create additional signs to be viewed from a public right-of-way.
6. Freestanding vehicle service station price signs shall be allowed in accordance with Table
17.30-6 of this Section. [Source: NEW]
7. On-structure identification signs shall be allowed for frontages with public entrances. Each business frontage having a public entrance shall be permitted on-building identification signs with the allowable area computed in accordance with Table 17.30-4 as follows:
[Source: NEW]
Table 17.30-4
On-Structure Identification Signs
Building Entrance
Setback from
Property Line
Allowable Sign Area
Formula
Minor Tenants
Max. Allowable
Sign Area
Major Tenants
Max. Allowable
Sign Area*
Major Tenant
Greater Than
Two Stories Tall
Less than or equal to
150 feet to the nearest
street property line
One Sq. Ft. per each
linear foot of occupancy
frontage
75 Sq. Ft. 150 Sq. Ft. 200 Sq. Ft.