More than 150 feet to
the nearest street
property line
One and one-half Sq. Ft.
per each linear foot of
occupancy frontage
100 Sq. Ft. 200 Sq. Ft. 250 Sq. Ft.
Major tenants having 100,000 square feet or more gross leasable area shall be eligible for additional on-building sign area under special approval by the Director. In such cases, the Director may increase the maximum allowable areas for major tenants set forth in Table 17.30-4 from 150 to 200 square feet where the building entrance setback is located less than or equal to 150 square feet from the nearest street property line; or from 200 to 300 square feet where the building entrance setback is located more than 150 feet from the nearest street property line; whichever applies. Without further increasing the allowed on-building sign area, the Director may allow major tenants to transfer, in whole or in part, the on-building sign area allowance from a side street frontage without a public entrance to a frontage with a public entrance. a. Area allowed for street frontages without public entrances. Each business occupying the end of a building, having a street frontage without a public entrance, shall be permitted one-half square foot of sign area for each one foot of leased occupancy frontage. The maximum area shall be limited to 30 square feet. 691
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61 b. Minimum sign area. Each commercial use which has direct pedestrian access through an exterior building wall which is visible from a public right-of-way shall be allowed at least 25 square feet of building sign area, regardless of building occupancy frontage. Commercial uses having a sole access from the interior of any building or from an enclosed lobby or court shall not be allowed the minimum building wall sign area referred to in this section.
c. Transfer of sign area. When approved by the Director, the sign area may be transferred in part or in whole from a frontage with a public entrance to one without a public entrance provided the signs on a given frontage do not exceed the allowable area, as computed in Table D of sub-section (E)(7). d. 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.
8. On-building signs, projecting double-faced signs, and under-marquee signs, shall comply with the following: [Source: 17.76.050.F.1, modified]
a. The height of any projecting sign shall not be less than eight feet or higher than ten feet above the area over which it is suspended. [Source: 17.76.050.F.1.a] b. The sign shall not extend closer than two feet from the curb line of the street and shall be mounted perpendicular to the building face. [Source: 17.76.050.F.1.b] c. The sign shall not exceed six square feet in the sign area. d. Such signs shall identify only a business name or professional location in a business center. Only one such sign shall be displayed per frontage with a public entrance.
F. Light Manufacturing (M-1) and heavy Manufacturing (M-2) Zones. These zones shall comply with the following sign standards.
1. On-site directional signage, one nameplate and address sign. [Source: 17.76.050.G.1, modified]
2. The design of signs shall be architecturally integrated with the design of the structure on the same parcel. [Source: 17.76.050.G.2]
3. Flashing, rotating, or animated signs (except time and temperature signs) are prohibited. [Source: 17.76.050.G.3, modified]
4. Freestanding signs shall not exceed the height of the structures on the parcel on which they are located. [Source: 17.76.050.G.4, modified]
5. One freestanding sign shall be allowed on each street frontage of a parcel not exceeding the areas and height set forth as follows; [Source: 17.76.050.G.5] 692
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62 a. Size and height: The sign area of each face and sign height shall be allowed as indicated in Table 17.30-5:
Table 17.30-5
Industrial Uses
Total Frontage of Industrial Use Height of Sign Face Area 0 - 75 10' 25 Sq. Ft.
76 - 100 14' 50 Sq. Ft.
101 - 150 16' 60 Sq. Ft.
151 - 200 18' 75 Sq. Ft.
201 - Greater 20' 100 Sq. Ft.
b. 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 a business center or with vehicular traffic or pedestrians. c. Number: The total face area may be utilized in one sign or, where specifically approved by the Director, the sign area may 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 frontage of the lot.
6. Industrial uses: on-building identification signs.
a. Area allowed. Each business frontage shall be allowed one square foot of sign area for each linear foot of building frontage up to a maximum of 300 square feet. b. Number allowed. The sign area of each business frontage may be utilized in one or more such signs provided the total sign area of all signs on a given frontage does not exceed the allowable.
c. On-building signs shall not extend above the wall, facade, parapet, or eaves of the structure on which they are located.
7. Grand opening signs. A business may apply for a temporary sign permit for grand a opening for a maximum display time of 30 days per business, with a written request approved by the Director.
8. The following signs are prohibited: changeable copy signs, projecting or fin signs, roof signs, and outdoor advertising structures (billboards). [Source: 17.76.050.G.6] 693
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63 17.30.080 Specific Use Signs
Certain uses, because of their special sign needs or their allowance in residential as well as business or industrial districts, have been specifically listed in this section. Where such uses are approved, the sign standards allowed for such uses shall be found in the special use table as follows:
Table 17.30-6
Specific Use Signs
Special Use Limitations And Special Conditions
Automobile/R.V. sales (new) Primary freestanding identification sign based upon the tables identified in section
17.30.070. One freestanding sign may be provided per separate new car showroom/sales facility. The minimum distance between freestanding signs shall be 300 feet, and a minimum distance to any adjacent property line shall be 50 feet. (a) Freestanding signs for ancillary used car sales shall be no higher than 14 feet nor contain more than 36 square feet of sign area. One used car freestanding sign shall be allowed per site. The minimum distance between freestanding signs shall be the same as for new car sales. This sign area may be combined with the main dealership sign (maximum 136 square feet).
(b) Signs in or on vehicles shall be limited to 2 sq. ft. per vehicle. (c) On-building signs at a rate not to exceed the area in the tables identified in section
17.30.070
(d) Window signs: temporary signs only.
Automobile/R.V. sales (used) (a) One freestanding identification sign based upon the tables identified in section
17.30.070. A minimum distance from other freestanding signs shall be 100 feet, and a minimum distance to any adjacent property line shall be 50 feet. (b) Signs in or on vehicles shall be limited to 2 sq. ft. per vehicle. (c) On-building signs at a rate not to exceed the area in the tables identified in section
17.30.070.
Cemetery One freestanding sign on each street frontage with a public entrance. Max. height 10 ft., max. area 30 sq. ft. Wall signs on the principal entrance not to exceed 12 sq. ft.
Changeable copy sign (a) Allowed only with the approval of a Administrative Use Permit. (b) One per business or business center.
(c) Limited to on-site commercial messages only.
(d) Not permitted within 2,000 feet of any other changeable copy sign. (e) When mounted on-building - all on-building signage (to include changeable copy sign) shall not exceed the total on-building signage allowed. (f) When mounted on freestanding sign - all freestanding signage (to include changeable copy sign) shall not to exceed total freestanding signage allowed.
Church (a) Not exceeding 12 sq. ft. for directory signs. (b) Not exceeding 32 sq. ft. in total sign area for freestanding signs per street frontage. One sign allowed per street frontage.
(c) On-building signs not to exceed one-quarter sq. ft. per foot of building frontage facing a street.
Day Care Facility (a) For uses conducted in single-family residential districts, no signage or indicia is allowed.
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Specific Use Signs
Special Use Limitations And Special Conditions
(b) For uses conducted in multifamily, no signage or indicia is allowed. (c) For uses in commercial districts, signage shall be consistent with the tables identified in section 17.30.070.
Drive-in/drive-up/ drive-through
uses
(a) Drive-in/drive-up/ drive-through will be subject to the following standards. (b) A formal sign review application shall be submitted and approved prior to installation of any signs.
(c) In addition to the sign area allowed under the applicable zone district regulations, drive-up restaurants shall be allowed one menu board per drive-up lane not to exceed 20 sq. ft. in area or six feet in height. Changeable copy is limited to the menu board. (d) Each drive-up lane shall be permitted one preview board in conjunction with the menu board. The preview board shall not exceed 20 sq. ft. in area and not exceed six feet in height.
(e) Drive-through uses shall have a minimum distance from the center of the menu board to the center of any proposed preview board shall not be less than 25 feet. (f) All menu boards and preview boards shall utilize low intensity illumination. (g) Menu and preview board shall not be visible from the street. Additional landscape areas or shrub plantings may be required to provide screening. (h) Walk-up menu boards shall be limited to six or less sq. ft. in area in locations as approved under the applicable planning permit. Carhop menu boards shall not exceed six square feet in area and shall be reviewed through the applicable planning permit. (i) Directional signs shall be textual in nature. Any branding and/or logos incorporated into the directional sign shall not exceed more than 50% of the size of the directional text. Directional signs shall be a maximum of one foot high by two feet wide by three feet tall.
Golf Courses One freestanding sign per street frontage with vehicular access. Max. height, 10 ft., max. area, for frontages under 200 ft., 16 sq. ft., for frontages 201 feet or greater, 32 sq. ft.
Group Care Facilities (a) For uses conducted in single-family residential districts, no signage or indicia is allowed.
(b) For uses conducted in multifamily or commercial districts, one wall mounted sign per street frontage, not to exceed one sq. ft. per 10 ft. of lot frontage with a max. of 24 sq. ft.
Hotels/Motels In addition to the signing allowed in the commercial districts, hotel/motel uses shall be entitled to one “vacancy-no vacancy” sign not to exceed five sq. ft. Said sign may be illuminated.
Marketing Window
(a) A formal sign review application shall be submitted and approved prior to installation of any signs.
(b) Approved signage shall only be located on the back/rear walls of the marketing window.
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65 Table 17.30-6
Specific Use Signs
Special Use Limitations And Special Conditions
(c) In all cases, marketing windows shall comply with the following dimensional criteria. Marketing windows shall be:
(1) At least three foot in depth.
(2) No greater than 50% of the width of the building elevation where they are located.
(3) No greater than 10 feet tall, and only on the ground floor of a building. (4) Never result in greater than 10 times the total allowed on-building signage for a business per the tables identified in section 17.30.070 or in excess of 1,000 square feet, whichever is less.
(d) In all cases, marketing windows shall comply with the following design criteria.
Marketing windows shall:
(1) Only be illuminated from the front. All illumination shall be shielded and located within the marketing window vestibule.
(2) Not be illuminated after 12:00 midnight, or when the business is closed, whichever is later.
(3) Only display graphical elements and/or photographs representative of the goods and/or services offered within.
(4) Not function as a display window.
(e) No temporary window signage as allowed in 17.30.060 shall be placed on or within the marketing window.
Movie Theaters (a) One sq. ft. of sign area per lineal foot of building facing a public street not to exceed 100 sq. ft. per frontage.
(b) One freestanding sign not to exceed 30 sq. ft. for each theater screen up to a max. area of 200 sq. ft. and a max. height of 20 feet.
(c) Changeable copy may be installed for movie listings as approved by the Director.
Outdoor Uses Temporary/ Seasonal (a) Temporary A-frame and I-frame signs may be used on private property only. (b) Maximum total sign area shall not exceed 40 sq. ft. (c) Individual signs shall be limited to 25 sq. ft. each with a maximum height of six feet, and shall not affect traffic or parking spaces. (d) Total number of signs per street frontage shall be limited to one, and shall be approved by the Director.
Outdoor Uses Other Than
Temporary or Seasonal
Not exceeding one-half sq. ft. per front of lot or area for the use to a max of 50 sq. ft. and shall be approved by the Director
Private Parking Lots (a) One freestanding sign at each street entrance not to exceed 16 sq. ft. in area or six feet in height.
(b) The freestanding sign(s) may be mounted on a parking lot attendant structure in lieu of the freestanding sign(s).
Private Schools To be determined under the applicable planning permit.
Public Uses As approved by City Council for city uses.
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Specific Use Signs
Special Use Limitations And Special Conditions
Service Stations (Gasoline Sales)
including: Mini-Market/Gas
Convenience Market With Gas CarWash/Gas Combinations (In addition to normal sign area, the
following special purpose signs may
be displayed)
(a) Portable Outside Merchandise Display Stands allowed only with an approved Conditional Use Permit.
(b) Gasoline Price Signs: One permanently mounted freestanding price sign per street frontage, with a maximum height of eight feet unless mounted on the freestanding business identification sign, in which case the height shall not exceed that specific to the permitted sign. Said sign(s) may be illuminated.
(c) In addition to the gasoline signs allowed under (b), one on-building gasoline price sign not to exceed 20 sq. ft may be displayed on one building frontage facing a street frontage.
Residential Subdivision
Identification (permanent)
(a) Residential. Freestanding signs shall be attached to a permanent structure designed for the purpose and located within the center island or on one side of the street at up to two entrances to a subdivision, subject to an approved encroachment permit when located within the public right-of-way.
(b) Sign(s) shall not exceed a height of six feet nor 32 sq. ft. in area per sign, nor more than one sign per entrance.
(c) Such signs shall be approved with the applicable planning permit Shopping Center (Major) (a) Major Shopping Center signage shall be approved through an Administrative Use Permit
(b) Such signage shall be consistent with the purpose and intent of this chapter.
Temporary Seasonal Sales
Conducted Outdoors (Fireworks,
Pumpkin, Christmas Tree,
Agricultural Sales)
(a) Maximum sign area shall not exceed 32 sq. ft. total. (b) Individual signs shall be limited to 25 sq. ft. each with a maximum height of six feet and shall not affect traffic or parking spaces. (c) Total number of signs per street frontage shall be limited to one and shall be approved by the Director.
17.30.090 Abandoned or Dilapidated Signs, Frames, Structural members, and Supporting Poles
A. Removal. Signs advertising an activity, business, product, or service no longer conducted on the premises on which the sign is located, or sign frames, structural members, or supporting poles remaining unused for six months or longer, or signs which are abandoned or dilapidated shall be removed from the site. Signs will be considered abandoned or dilapidated where the sign or element of it is excessively weathered, torn, broken, significantly damaged or structurally unsound or where the copy can no longer be seen or understood by a person with normal eyesight under normal viewing conditions.
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67 B. Continued use of abandoned signs. The owner of a sign, the purpose of which has been abandoned, who desires to make subsequent use of the structural portions of such sign in its present location, may, within six months after the abandonment, make an application to the Director for an extension of time. Where the sign conforms to all other requirements of the law, and where the owner submits reasonable evidence that he is endeavoring to secure use for the sign (a new tenant for the structure or the arrival of a new product line for the existing tenant), the Director may grant extensions of time. The Director may require the owner, as a condition of the granting of such extension, paint out, obscure, or remove some or all elements of the message or face portion of the sign in such a manner as to leave the remaining structure neat and unobtrusive in appearance in harmony with the structure to which it is attached, and that this be done within 30 days after the granting of such extension. Failure to do so shall void and nullify any such extension. Signs which are determined by the city to be structurally unsound and dangerous or hazardous to the public safety or welfare shall be removed immediately upon notification by the city. Removal shall be at the expense of the property owner on which the sign in question is located.
17.30.100 Master Sign Program
A. Upon determination of the Director, an approved master sign program may be required in conjunction with and as a part of another development entitlement application (discretionary or ministerial). The intent of a requirement for a master sign program is to provide for cohesive, complementary, and proportionate signage that satisfies the purpose and intent of this chapter.
B. In processing Master Sign Program applications, the submittal requirements of a sign permit shall be adhered to per Section 17.30.020. On-building signs within the Master Sign Program shall be subject to review and permitting by the Planning and Building Division separately.
C. In all cases, the Master Sign Program shall be at least as restrictive as the provisions and restrictions of this chapter.
17.30.110 Minor Deviations and Variances
A. The Director may grant a minor deviation in order to prevent unnecessary hardships which would result from a strict and literal interpretation and enforcement of certain regulations prescribed by this chapter. A practical difficulty or unnecessary hardship may result from 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, or from street locations or traffic conditions in the immediate vicinity which would affect the signing of such site or building. 698
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68 B. In all cases, consideration of a minor deviation must result from a practical difficulty or unnecessary hardship, and findings of said practical difficulty or unnecessary hardship shall accompany any application for minor deviation, to include justification of the nature of and need for the minor deviation.
C. The minor deviation process may be used where the applicant desires one or more adjustments from the requirements of this chapter provided the total amount of adjustments is limited to twenty percent of the allowed sign area. The Director may allow adjustments within the limits listed in this section. Appropriate findings consistent with the purpose and intent this chapter shall be made a part of the motion to grant an adjustment.
D. A minor deviation may not be used for relief from the provisions of Section 17.030.050 (Prohibited Signs). Relief from those regulations as specified in Section 17.030.050 shall be processed as a Variance.
E. A minor deviation may be used for:
1. Additional area to:
a. Overcome a disadvantage because of an exceptional setback between the street and the sign or orientation of the sign location;
b. Achieve an effect which is essentially architectural, sculptural, or graphic art and which, in the opinion of the Planning Director, enhances the sign and site’s development;
c. Permit more sign area in a single sign than is allowed, but less than the total allowed the site, where a more orderly and concise pattern of signing will result; d. Allow a sign compatible with other conforming signs in the vicinity; and e. Establish the allowable amount and location of signing when no street frontage exists or when, because of an unusual lot shape (for example, a panhandle lot), the street frontage is excessively narrow in proportion to the average width of the lot.
2. Alternative locations.
a. On site. To transfer from one wall to another wall or to a freestanding sign upon the finding that such alternative location is necessary to overcome a disadvantage caused by an unfavorable orientation of the front wall to the street or parking lot or an exceptional setback;
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69 b. Lots not fronting on any street. Sign review by the Director shall be required for all such signs. Under sign review, approval may be given for the placement of a sign on an access easement to a lot not having street frontage, at a point where viewable from the adjoining public street; and
c. Other. Additionally, alternative locations may be granted in order to further the intent and purpose of this chapter or where normal placement would conflict with the architectural design of a structure.
3. Alternative types of signs. To facilitate compatibility with the architecture of structures on the site and improve the overall appearance of the site. a. The procedure for a minor deviation shall be consistent with Chapter 17.90 (Minor Deviation Permit).
b. The Director’s decision shall be final unless appealed to the Planning Commission consistent with Chapter 17.114 (Appeals).
c. Any requests for a Variance from this chapter shall be processed consistent with Chapter 17.88 (Variance Permit).
17.30.120 Nonconforming Signs
A. Except for signs described in Subsection B, below, any sign which was erected legally prior to the effective date of the adoption of this Zoning Code shall be deemed a nonconforming use.
Maintenance of the sign shall be allowed but no alterations which could increase its nonconforming status are permitted. [Source: 17.76.080.A]
B. Nonconforming signs on a parcel where the use is discontinued for a period of 90 days or more shall be removed prior to occupancy of a new use. Any new signs erected by the new occupant shall comply with the sign standards for the zone in which the property is located. [Source:
17.76.080.B]
C. Every sign in existence upon adoption of this Chapter and which was prohibited or illegal at the time of installation, and which does not conform to the provisions of this chapter shall be an illegal sign. Such signs shall be removed immediately upon notification of illegality. Failure to remove such signs shall be a violation of this chapter. Signs which are not constructed, maintained, or displaced pursuant to the requirements of this chapter, and which are not legal, and which are nonconforming shall be illegal, except as follows:
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70 1. Any sign conforming to county laws at the time the property upon which it is displayed is annexed to the city and which is made non-conforming or illegal under the provisions of this chapter shall be removed or brought into conformance within five years after the date it became non-conforming. Any sign which has been declared non-conforming under county laws prior to annexation to the city shall be removed or brought into conformance with this chapter within the time period provided for under the county’s law provided the time period is less than five years;
2. Any sign of historical significance; where the sign display is within an area listed or eligible for listing on the National Register of Historical Places, or in an area registered as an historical landmark or point of interest, or in an area designated as an historical zone. 701
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Historic Preservation (reserved)
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72 Chapter 17.32 Historic Preservation (reserved)
17.32.010 Reserved
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Title 17 – Zoning Code
Article 4 – Standards for Specific
Land Uses
FINAL DRAFT
March 2024
Table of Contents
CHAPTER 17.40 STANDARDS FOR SPECIFIC LAND USES .................................................................... 2
17.40.010 Accessory Dwelling Unit (ADU) ................................................................................................. 2
17.40.020 Recycling Facilities................................................................................................................... 12
17.40.030 Emergency Shelter .................................................................................................................. 16
17.40.040 Home Occupation.................................................................................................................... 18
17.40.050 Mobile Home Park................................................................................................................... 22
17.40.060 Mobile and Temporary Office Structures................................................................................ 25
17.40.070 Wireless Telecommunication Tower, Antennas, and Structures............................................ 26 CHAPTER 17.42 DENSITY BONUSES ................................................................................................. 40
17.42.010 Purpose.................................................................................................................................... 40
17.42.020 Eligibility and Requirements.................................................................................................... 40
17.42.030 Amount of Density Bonus........................................................................................................ 43
17.42.040 Continued Affordability........................................................................................................... 47
17.42.050 Allowed Incentives and Concessions....................................................................................... 49
17.42.060 Standards for Affordable Units................................................................................................ 51
17.42.070 Donations of Land ................................................................................................................... 52 705
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ii
17.42.080 Waivers or Reductions of Development Standards................................................................ 53
17.42.090 Reduced Parking Requirements.............................................................................................. 54
17.42.100 Housing with Childcare Facilities............................................................................................. 55
17.42.110 Application and Review........................................................................................................... 57
17.42.120 Density Bonus Housing Agreement......................................................................................... 57 CHAPTER 17.44 MARIJUANA CULTIVATION AND DISPENSARIES ................................................... 64
17.44.010 Purpose and Intent.................................................................................................................. 64
17.44.020 Findings ................................................................................................................................... 64
17.44.030 Definitions............................................................................................................................... 67
17.44.040 Relationship to Other Laws..................................................................................................... 68
17.44.050 Prohibition of Marijuana Cultivation....................................................................................... 68
17.44.060 Consumption of Medical Marijuana........................................................................................ 68
17.44.070 Dispensary as a Prohibited Use............................................................................................... 68
17.44.080 Public Nuisance Declared........................................................................................................ 68
17.44.090 Violation and Penalty .............................................................................................................. 69
17.44.100 Severance ................................................................................................................................ 69 CHAPTER 17.46 MULTI-UNIT DWELLING OBJECTIVE DESIGN STANDARDS .................................... 72
17.46.010 Purpose and Intent.................................................................................................................. 72
17.46.020 Applicability ............................................................................................................................. 72
17.46.030 Approval Authority.................................................................................................................. 73
17.46.040 Site Planning and Design ......................................................................................................... 73
17.46.050 Architectural Design................................................................................................................ 79 CHAPTER 17.48 SINGLE-UNIT DWELLING DESIGN STANDARDS (RESERVED) ................................. 84
17.48.010 Reserved.................................................................................................................................. 84 CHAPTER 17.50 ALCOHOL BEVERAGE SALES USES .......................................................................... 86
17.50.010 Purpose.................................................................................................................................... 86
17.50.020 Applicability ............................................................................................................................. 86
17.50.030 Modifications to Existing Businesses....................................................................................... 87 706
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17.50.040 Location Standards for New Businesses.................................................................................. 87
17.50.050 Operational Standards ............................................................................................................ 88
17.50.060 Signs......................................................................................................................................... 90 707
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2 Chapter 17.40 Standards for Specific Land Uses
17.40.010 Accessory Dwelling Unit (ADU)
A. Purpose. The purpose of this Section is to provide regulations for the development of accessory dwelling units and junior accessory dwelling units through a ministerial process consistent with Government Code Sections 65852 and 65852.22. The standards in this Section minimize adverse impacts on the public health, safety, and general welfare that may be associated with accessory dwelling units and junior accessory dwelling units. The City recognizes that accessory dwelling units expand housing opportunities by increasing the number of housing units available within existing neighborhoods and provide housing generally at lower cost. Property owners who create accessory dwelling units benefit from added income, and an increased sense of security. Allowing accessory dwelling units in single-unit or multi-unit residential zones provides additional rental housing stock in California. Thus, accessory dwelling units are a residential use which is consistent with the general plan objectives and zoning regulations. [Source: 17.66.010, modified] B. Applicability. The regulations established in this Section shall apply to all accessory dwelling units and junior accessory dwelling units where allowed in compliance with Title 17, Article 2 (Zones, Allowable Uses, and Development Standards). Any construction, establishment, alteration, enlargement, or modification of an accessory dwelling unit shall comply with the requirements of this Section and the Building Code. An accessory dwelling unit or junior accessory dwelling unit that conforms to the standards of this Section shall not be: [Source: NEW]
1. Found inconsistent with the General Plan land use designation and/or zone for the parcel on which the accessory dwelling unit or junior accessory dwelling unit is located; [Source:
NEW]
2. Allowed to exceed the allowable density for the parcel on which the accessory dwelling unit or junior accessory dwelling unit is located; [Source: NEW]
3. Considered in the application of any City ordinance, policy, or program to limit residential growth; and [Source: NEW]
4. Required to correct a nonconforming zoning condition. This does not prevent the City from enforcing compliance with applicable building standards in compliance with Health and Safety Code Section 17980.12. [Source: NEW]
C. Where Allowed. Accessory dwelling units and junior accessory dwelling units are allowed on parcels zoned for single-unit or multi-unit dwellings where such parcels include a proposed or existing dwelling. [Source: 17.66.030, modified]
D. Types. An accessory dwelling unit(s) approved under this Section include:
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3 1. Attached. An accessory dwelling unit that is created in whole or in part from newly constructed space that is attached to the proposed or existing primary dwelling, such as through a shared wall, floor, or ceiling. [Source: 17.66.040.C, modified]
2. Detached. An accessory dwelling unit that is created in whole or in part from newly constructed space that is detached or separated from the proposed or existing primary dwelling, including an existing stand-alone garage converted into an accessory dwelling unit. The detached accessory dwelling unit shall be located on the same parcel as the proposed or existing primary dwelling. [Source: 17.66.040.C, modified]
3. Converted. Is entirely located within the proposed or existing primary dwelling or accessory structure, including but not limited to attached garages, storage areas, or similar uses; or an accessory structure including but not limited to studio, pool house, or other similar structure. Such conversion may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing structure if the expansion is for the sole purpose of accommodating ingress and egress to the converted structure. [Source:
17.66.040.C, modified]
4. Junior Accessory Dwelling Unit. A junior accessory dwelling unit is an attached accessory dwelling unit that meets all the following: [Source: NEW] a. Is entirely located within a single-unit detached primary dwelling and shall consist of the conversion existing single-unit dwelling, including attached garages, or a part of a proposed single-unit dwelling. [Source: NEW]
b. Is less than 500 square feet. [Source: NEW]
c. Has independent exterior access from the primary dwelling. [Source: NEW] d. Has sanitation facilities that are either shared with or separate from those of the primary dwelling. [Source: NEW]
e. Includes an efficiency kitchen, which includes a cooking facility with appliances, food preparation counter, and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. [Source: NEW] E. Location and Number of Units Allowed. Accessory dwelling units shall comply with the following:
1. Single-Unit Dwelling Zones. Accessory dwelling units and junior accessory dwelling units are allowed in single-unit dwelling zones as follows: [Source: NEW] a. Attached or Junior Accessory Dwelling Units. Only one attached accessory dwelling unit or junior accessory dwelling unit shall be allowed on a parcel with a proposed or existing single-unit dwelling on it, where the accessory dwelling unit or junior accessory dwelling unit: [Source: NEW]
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4 b. Detached. One detached new construction accessory dwelling unit shall be allowed on a parcel with a proposed or existing single-unit dwelling, in addition to a junior accessory dwelling unit, if it meets all the following requirements: [Source:
17.66.040.D, modified]
i. Is detached from the primary dwelling; [Source: NEW] ii. Does not exceed 50 percent of the square footage of the primary dwelling, up to a maximum of 1,200 square feet, whichever is less; [Source:
17.66.040.D, modified]
iii. Has a maximum height of one story; and [Source: 17.66.040.D, modified] iv. Has side and rear setbacks that comply with the applicable zone, but in no case shall have less than a four feet side and rear yard setback. [Source:
17.66.040.D, modified]
c. Types and Number of Units Allowed. In any single-unit dwelling zones, only the following combination of accessory dwelling units may be provided on a single parcel:
i. One detached accessory dwelling unit and one junior accessory dwelling unit; or
ii. One detached accessory dwelling unit and one attached accessory dwelling unit. [Source: 17.66.040.G]
2. Multi-Unit Dwelling Zones. Accessory dwelling units are allowed in multi-unit dwelling zones as follows: [Source: NEW]
a. Converted Spaces within a Multi-Unit Dwelling. ___
i. Within any multi-unit dwelling structure used exclusively for residential use, portions of such structures that are not used as livable space may be converted to accessory dwelling units, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that any such space converted to an accessory dwelling unit complies with minimum State building standards for dwellings. [Source:
NEW]
ii. At least one accessory dwelling unit shall be allowed within an existing multi-unit dwelling structure as long as the total number of accessory dwelling units within the structure does not exceed 25 percent of the existing units. [Source: NEW]
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5 b. Detached. Up to two detached accessory dwelling units shall be allowed on a parcel where a multi-unit dwelling structure exists if each of the detached accessory dwelling units meets all the following requirements: [Source: NEW] i. Has side and rear setbacks of at least four feet; and [Source: NEW] ii. Is 800 square feet or smaller in size. [Source: NEW] F. Standards Applicable to All Accessory Dwelling Units. The following standards apply to all accessory dwelling units and junior accessory dwelling units constructed on or moved to a new parcel and to the remodeling or rebuilding of existing single-unit dwelling or multi-unit dwelling structure to create an accessory dwelling unit. [Source: NEW]
1. Parcel Size and Width. No minimum parcel size or parcel width shall apply for the construction of an accessory dwelling unit. [Source: 17.66.040.D, modified]
2. Access. Every accessory dwelling unit shall have direct exterior access independent of the exterior access of the primary dwelling. [Source: 17.66.040.E, modified]
3. Fire Sprinklers. Fire sprinklers are required in an accessory dwelling unit if they are required in the primary dwelling. [Source: 17.66.040.D, modified]
4. Permanent Foundation. Accessory dwelling units shall be installed on and attached to a permanent foundation as follows.
a. All accessory dwelling units shall be permanently attached to a permanent foundation. [Source: NEW]
b. A recreational vehicle, commercial coach, trailer, motor home, camper, camping trailer, or boat shall not be used as an accessory dwelling unit. [Source: NEW]
5. Nonconforming Conditions. The correction of nonconforming zoning conditions is not required in order to establish an accessory dwelling unit or junior accessory dwelling unit, in compliance with Government Code Section 65852.2. [Source: NEW]
6. No Separate Conveyance. An accessory dwelling unit may be rented, but no accessory dwelling unit, unless otherwise permitted by state law, may be sold or otherwise conveyed separately from the parcel and the primary dwelling in the case of a single-unit dwelling parcel or from the parcel and all of the dwellings in the case of a multi-unit dwelling parcel. [Source: NEW]
7. Design. The color, material and texture of the roof, exterior walls and fenestration of an accessory dwelling unit shall be the same as the primary dwelling unit. [Source:
17.66.040.J.2]
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6 8. Rental Term. No accessory dwelling unit may be rented for a term that is shorter than 30 days, unless otherwise allowed by State law. [Source: NEW]
9. Impact Fees. No City-imposed impact fees shall be charged to an accessory dwelling unit that is less than 750 square feet in size. If, at a later time, an expansion to an accessory dwelling unit occurs, development impact fees shall apply. Any impact fee charged to an accessory dwelling unit 750 square feet or greater shall be charged proportionately in relation to the square footage of the primary dwelling unit (i.e., the floor area of the primary dwelling, divided by the floor area of the accessory dwelling unit, multiplied by the typical fee amount charged for a new dwelling). For the purposes of this Paragraph, impact fees do not include any connection fee or capacity charge for water or sewer service. [Source: 17.66.060, modified]
10. Address Numbers. Accessory dwelling units shall install address numbers in compliance with Section 505 of the California Fire Code. Address numbers shall contrast with their background and be a minimum of four inches high with a minimum stroke width of onehalf inch. If the address numbers for the accessory dwelling unit cannot be visible from the street, the address numbers can be placed on the primary dwelling unit, existing front yard fence or placard at the entrance to the site. [Source: 17.66.040.J.6, modified]
11. United State Postal Service. The applicant must coordinate and comply with the U.S. Postal Service requirements for delivery of mail to the accessory dwelling unit. [Source:
17.66.040.J.7]
G. Additional Standards Applicable to Attached and Detached Accessory Dwelling Units. The following standards shall apply only to attached and detached accessory dwelling units.
1. Size. Attached and detached accessory dwelling units shall comply with the following size standards.
a. Detached. May not exceed 850 square feet if it has fewer than two bedrooms or 1,000 square feet if it has two bedrooms. [Source: NEW] b. Attached. May not exceed 850 square feet if it has fewer than two bedrooms or 1,000 square feet if it has two bedrooms. An attached accessory dwelling unit shall not exceed 50 percent of the floor area of the primary dwelling. [Source: NEW]
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7 2. Height. __
a. The maximum height for a detached accessory dwelling unit on a parcel with an existing or proposed single-unit or multi-unit dwelling unit that is within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as defined in Section 21155 of the Public Resources Code shall be 18 feet. The maximum height may be increased by an additional two feet, to 20 feet, for the purpose of accommodating a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit; or b. The maximum height for a detached ADU on a lot with an existing or proposed multi-family, multi-story dwelling shall be eighteen (18) feet.
3. Passageways. No passageway, breezeway, or similar connection between structures on the parcel shall be required in conjunction with the construction of an accessory dwelling unit. [Source: NEW]
4. Parking. Attached and detached accessory dwelling units shall comply with the following parking standards.
a. One off-street parking space is required for each attached and detached accessory dwelling unit, unless otherwise specified below. The parking requirement for an attached or detached accessory dwelling unit shall be in addition to the parking requirement for the existing residence on the property. This space may be provided as tandem parking, including on an existing driveway. No parking shall be permitted in the front yard other than on the paved driveway. Parking spaces may also be provided through a mechanical vehicle parking lift. [Source: 17.66.040.F, modified]
b. Replacement Parking. __
i. When a garage, carport, or covered parking structure providing required parking for the primary residence or residences is demolished to allow for the construction of an accessory dwelling unit or is converted to an accessory dwelling unit, those parking spaces are not required to be replaced. This Paragraph shall not apply to attached garage conversions into a Junior Accessory Dwelling Unit. [Source: 17.66.040.F, modified] ii. When an attached garage, carport, or covered parking structure providing required parking for the primary residence or residences is converted to a junior accessory dwelling unit, those parking spaces are required to be replaced as usable covered parking consistent with the zone districts parking standards.
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8 c. Additional parking for the accessory dwelling unit is not required in the following instances: [Source: 17.66.040.F, modified]
i. The accessory dwelling unit is located within one-half mile walking distance of public transit, including transit stations and bus stations. ii. The accessory dwelling unit is located within an architecturally or historically significant historic district.
iii. The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
iv. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
v. When there is a designated car share vehicle parking space located within one block of the accessory dwelling unit. [Source: 17.66.040.F.1-6, modified]
vi. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this paragraph.
5. Permit Requirements. Attached and detached accessory dwelling units shall comply with the following permit requirements.
a. Ministerial Accessory Dwelling Unit Permit. Prior to constructing any attached or detached accessory dwelling unit, the property owner shall obtain a Building Permit. The City shall issue the permit within 60 working days from the date that the City received a completed application, unless: [Source: 17.66.050, modified] i. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay;
ii. The City requires corrections to the Building Permit application, in which case the 60-day time period is tolled until the applicant resubmits a corrected application; or
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9 iii. The Building Permit application is submitted with a permit application to create a new single-family or multi-family dwelling on the parcel, in which case the City may delay acting on the Building Permit application until the City has acted on the permit application to create the new single-family or multi-family dwelling, but the Building Permit application for the accessory dwelling unit will be issued in conjunction with the permit application approval.
b. Application and Processing Fees. The City Council shall establish a schedule of fees for the application and processing of a Building Permit for an accessory dwelling unit. [Source: NEW]
c. Demolition Permit. A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time. The applicant shall not be required to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district.
H. Additional Standards Applicable to Converted Accessory Dwelling Units. The following standards apply only to converted accessory dwelling units:
1. Setback. No setback is required for a legally existing structure that is converted to an accessory dwelling unit. [Source: NEW]
2. Parking. No additional off-street parking is required for the converted accessory dwelling unit, regardless of if a garage, carport, or covered parking structure is converted into an accessory dwelling unit. If replacement parking is provided, the replacement spaces shall be located in any configuration on the same parcel as the accessory dwelling unit and may include but is not limited to covered spaces, uncovered spaces, or tandem spaces.
Replacement parking may only occur on driveways leading to a required parking space or in rear yard on a paved surface, provided such paved area can be easily accessed via the driveway or an alley. No parking shall be permitted in the front yard other than on the paved driveway. [Source: NEW]
3. Building Permit. The property owner shall obtain a valid Building Permit for the converted accessory dwelling unit, subject to all the standard application and processing fees and procedures that apply to Building Permits generally. [Source: NEW]
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10 I. Additional Standards Applicable to Junior Accessory Dwelling Units. The following standards apply only to junior accessory dwelling units. [Source: NEW]
1. Size. The total area of floor space for a junior accessory dwelling unit shall not exceed 500 feet and shall not expand the size of an existing single-family dwelling by more than 150 square feet, provided such expansion is provided solely for the purpose of accommodating ingress and egress. [Source: NEW]
2. Efficiency Kitchen. A junior accessory dwelling unit shall include an efficiency kitchen, requiring and limited to the following components: [Source: NEW] a. A sink with a maximum waste line drain of one-and-on-half inches; b. A cooking facility with appliances which do not require electrical service greater than one 120 volts or natural or propane gas;
c. A food preparation counter or counters that total at least 15 square feet in area; and
d. Food storage cabinets that total at least 30 square feet of shelf space.
3. Parking. No additional off-street parking is required for the junior accessory dwelling unit, except when the junior accessory dwelling unit is a garage conversion. A junior accessory dwelling unit created in an attached garage shall provide usable replacement of covered parking consistent with the zone districts parking standards.
4. Permits. Junior accessory dwelling units shall comply with the following permit requirements.
a. Ministerial Junior Accessory Dwelling Unit Permit. The property owner shall obtain a valid Building Permit for the junior accessory dwelling unit, subject to all standard application and processing fees and procedures that apply to Building Permit generally. The City shall issue a ministerial permit within 60 days from the date that the City received a completed application, unless either: [Source: NEW] i. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay;
ii. The City requires corrections to the Building Permit application, in which case the 60-day time period is tolled until the applicant resubmits a corrected application; or
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11 iii. The application to create a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the parcel.
The City may delay acting on the permit application for the junior accessory dwelling unit until the City acts on the permit application to create the new single-family dwelling, but the application to create the junior accessory dwelling unit will still be considered ministerial without discretionary review or a hearing. [Source: NEW]
b. Application and Processing Fees. The Council shall establish a schedule of fees for the application and processing of a Building Permit for a junior accessory dwelling unit. [Source: NEW]
5. Owner Occupancy Requirement. A junior accessory dwelling unit application submitted before January 1, 2024, shall be subject to an owner-occupancy requirement. A person with legal or equitable title to the property shall reside on the property in either the primary dwelling or junior accessory dwelling unit as that person’s legal domicile and permanent residence. However, the owner-occupancy requirement of this paragraph does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization. [Source: NEW]
6. Deed Restriction. Junior accessory structures shall be required to file a deed restriction in compliance with the following.
a. Prior to issuance of a Building Permit for a junior accessory dwelling unit, a deed restriction shall be recorded against the title of the property in the County of Fresno Recorder’s office and a copy filed with the Director. The deed restriction shall run with the land and bind all future owners. The form of the deed restriction will be provided by the City and shall provide that:
i. The junior accessory dwelling unit shall not be sold separately from the primary dwelling, except as may otherwise be permitted by State law. ii. The junior accessory dwelling unit is restricted to the approved size and other attributes allowed by this Section.
iii. The deed restriction runs with the land and shall be enforced against future property owners.
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12 b. The deed restriction may be removed if the owner eliminates the junior accessory dwelling unit, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request to the Director, providing evidence that the junior accessory dwelling unit has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the junior accessory dwelling unit has been eliminated. Appeal may be taken from the Director’s determination consistent with Chapter 17.114 (Appeals).
If the junior accessory dwelling unit is not entirely physically removed but is only eliminated by virtue of having a necessary component of a junior accessory dwelling unit removed, the remaining structure and improvements shall otherwise comply with all applicable development and building standards. c. The deed restriction is enforceable by the Director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the accessory dwelling unit in violation of the recorded restrictions or abatement of the illegal unit.
J. Review Process for Structures Not Complying with Development Standards. An accessory dwelling unit that does not comply with standards in this Section may be allowed with an Administrative Use Permit at the discretion of the Director subject to the following findings: [Source: 17.66.070]
1. To deny an application or permit under this Section, the Director shall find that the accessory dwelling unit would be detrimental to the public health and safety or would introduce unreasonable privacy impacts to the immediate neighbors. [Source:
17.66.070.1, modified]
2. To approve an application or permit to waive required accessory dwelling unit parking, the Director shall find that additional or new on-site parking would be detrimental, and that granting the waiver will meet the purposes of this Section. [Source: 17.66.070.1, modified]
17.40.020 Recycling Facilities
A. Purpose. The purpose of this Section is to provide developmental and operational standards for various types and sizes of recycling processing facilities (i.e., reverse vending machine(s), collection facilities, processing facilities), in compliance with Article 2 (Zones, Allowable Uses, and Development Standards) shall be subject to the criteria and standards listed below. 720
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13 B. Development and Operational Standards. Applications for recycling processing facilities shall be processed and evaluated for propriety of location and consideration shall be given to application that comply with the following standards:
1. Reverse vending machine(s). Reverse vending machine(s) shall be allowed in any nonresidential zone district in compliance with all the following standards:
a. The machines shall be installed as an accessory use in compliance with the applicable provisions of Chapter 17.22 (Accessory Structures) and shall be processed consistent with Chapter 17.74 (Zoning Clearance). b. If located inside of a structure, the machines shall be within 30 feet of the entrance and shall not obstruct pedestrian circulation.
c. If located outside of a structure, the machines shall not occupy required parking spaces, obstruct required paths of travel, or be located within required setbacks and shall be constructed of durable waterproof and rustproof material(s). d. The machines shall not exceed a floor or ground area of 50 square feet for each installation, including any protective enclosure, nor eight feet in height. e. The machines shall have a maximum sign area of four-square feet for each machine, exclusive of operating instructions.
f. The machines shall have operating hours which are consistent with the operating hours of the main use.
g. The area in front of the machines shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn.
2. Small Collection Facilities. Small Collection Facilities shall be allowed, subject to approval of an Administrative Use Permit, in compliance with all of the following standards:
a. The facility shall not exceed a floor or ground area of 350 square feet nor three parking spaces, not including space that would be periodically needed for the removal of materials or exchange of containers.
b. The facility shall not use power-driven processing equipment, except for reverse vending machines.
c. The facility shall not be located within 50 feet of any parcel zoned or occupied for residential use, and shall be set back at least 50 feet from any non-collection facility permanent structure.
d. The facility shall be set back at least 10 feet from any public right-of-way, and not obstruct vehicular or pedestrian circulation.
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14 e. The facility shall accept only recyclable materials including glass, metal, or plastic containers, paper, and reusable items.
f. The facility shall use containers that are constructed with durable waterproof and rustproof material(s), secured from unauthorized removal of material, and shall be of a capacity sufficient to accommodate materials collected and the collection schedule.
g. Collection containers and site fencing shall be of a color and design that would be compatible and harmonious with the character of their location. h. Additional parking spaces shall not be required for customers of a small collection facility located in the established parking lot of the main use. i. Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present. j. Use of parking spaces by the patrons and the attendant shall not reduce available parking spaces below the minimum number required for the main use, unless the Director determines that existing capacity is not fully utilized during the time the recycling facility would be on the site.
k. All structures shall architecturally integrate with the main structures on the same lot. Cargo containers (storage containers, C-trains) shall not be used for structures unless treated to match the primary structure’s architecture, colors, and materials. l. Signs may be provided as follows:
i. Recycling facilities may have identification signs with a maximum area of 15 percent for each side of the structure or 12 square feet, whichever is greater. In the case of a wheeled facility, the side shall be measured from the ground to the top of the container.
ii. Signs shall be both compatible and harmonious with the character of their location.
iii. Directional signs without advertising messages may be installed with the approval of the Director.
3. Large Collection Facilities. Large Collection Facilities shall be allowed, subject to approval of a Conditional Use Permit and Site Plan Review, in compliance with all the following standards:
a. The facility shall not abut a parcel zoned or occupied for residential use. 722
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15 b. The facility shall be screened from public rights-of-way by a minimum six-foot solid masonry wall or located within an enclosed structure.
c. Structure setbacks and landscaping shall be provided as required for the applicable zoning district.
d. Exterior storage of material shall be in sturdy containers that are secured and maintained in good condition. Storage, excluding truck trailers, shall not be visible above the height of the required solid masonry walls.
e. The site shall be maintained clean, sanitary, and free of litter and any other undesirable materials, and shall be cleaned of loose debris on a daily basis. f. Containers provided for “after hours” donation of recyclable materials shall be permanently located at least 100 feet from any parcel zoned or occupied for residential use, constructed of sturdy, rustproof material(s), have sufficient capacity to accommodate materials collected, and be secured from unauthorized entry or removal of materials.
g. Dust, fumes, odor, smoke, or vibration, above ambient levels, shall not be detectable on adjoining parcels.
h. Any other conditions deemed necessary by the Commission to ensure facility screening, landscaping, circulation/parking, noise, odor, and sanitation control to assure compatibility with surrounding land uses.
4. Recycling Processing Facilities. A Recycling Processing Facility shall be allowed, subject to approval of a Conditional Use Permit and Site Plan Review, in compliance with all the following standards:
a. The facility shall not abut a parcel zoned or occupied for residential use. b. Light recycling processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shredding, and sorting of source-separated recyclable materials and repairing of reusable materials.
c. A light recycling processing facility shall not exceed 4,500 square feet of gross floor or ground area, may have up to an average of two outbound truck shipments of material each day, and shall not bale, compact, or shred ferrous metals, other than beverage and food containers.
d. A heavy recycling processing facility may exceed 4,500 square feet of gross floor or ground area and two outbound truck shipments each day and may perform those functions not allowed at light processing facilities. 723
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16 e. The facility shall be screened from public rights-of-way by a minimum six-foot solid masonry wall or located within an enclosed structure.
f. Exterior storage of material shall be in sturdy containers or enclosures that are secured and maintained in good condition. Storage, excluding truck trailers, shall not be visible above the height of the required solid masonry walls. g. Containers provided for “after hours” donation of recyclable materials shall be permanently located at least 100 feet from any parcel zoned or occupied for residential use, constructed of sturdy, rustproof material(s), have sufficient capacity to accommodate materials collected, and be secured from unauthorized entry or removal of the materials.
h. Dust, fumes, odor, smoke, or vibration, above ambient levels, shall not be detectable on adjoining parcels.
i. Any other conditions deemed necessary by the Commission to ensure facility screening, landscaping, circulation/parking, noise, odor, and sanitation control to assure compatibility with surrounding land uses.
17.40.030 Emergency Shelter
A. General. An emergency shelter for displaced persons shall be an allowed by-right use on any parcel in zones as allowed in Article 2 (Zones, Allowable Uses, and Development Standards). Each facility shall comply with all of the required development and operational standards of the zone in which it is located. [Source: 17.92.010]
B. Standards. In addition to the development standards in the underlying zone, emergency shelters shall comply with the standards established in this Section. In the event of conflict between these standards and the underlying zone regulations, the provisions of this Section shall apply. [Source:
17.92.020, modified]
1. Facility Compliance. Federal, State, and local licensing as required for any program incidental to the emergency shelter. [Source: 17.92.020.A]
2. Physical Characteristics. Emergency shelters shall comply with the following standards. a. Compliance with applicable state and local uniform housing and building code requirements.
b. Facilities shall have on-site security during all hours when the shelter is open. 724
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17 c. Facilities shall provide exterior lighting on pedestrian pathways and parking lot areas on the property. Lighting shall reflect away from residential areas and public streets.
d. Facilities shall provide secure areas for personal property. [Source: 17.92.020.B.1- 4]
3. Occupancy. A maximum of 30 beds or persons may be served nightly, with associated support services not open to the public. [Source: 17.92.020.C]
4. Length of Stay. The length of stay of an individual client shall not exceed six months within a 12-month period; days of stay need not be consecutive. [Source: 17.92.020.D]
5. Waiting and Intake Area. A client waiting area shall be provided that is sufficient in size to accommodate all persons waiting to enter the facility and shall contain a minimum of 10 square feet per bed provided at the facility. [Source: 17.92.020.F]
6. Support Services. Emergency shelters that provide support services shall allocate sufficient areas on site, and properly enclosed within the structure. Support services include, but are not limited to, the following:
a. Food preparation and dining areas.
b. Laundry facilities.
c. Restrooms and showers.
d. Areas to secure and store client belongings. [Source: 17.92.020.G.1-2]
7. Management and Operations Plan. The applicant or operator shall submit a management and operation plan for the emergency shelter for review and approval by the Director in consultation with the Chief of Police in conjunction with the site plan review application and/or prior to the issuance of permits. The plan shall include a floor plan that demonstrates compliance with the physical standards of identified in Subsection B.2. The plan shall remain active throughout the life of the facility, with any changes subject to review and approval by the Director in consultation with the Chief of Police. The plan shall be based on "best practices" and include, but not be limited to, a security plan, procedures list, list of services, staff training, "good neighbor" communication plan, client transportation, ratio of staff to clients, eligibility and intake and check out process, detailed hours of operation, ongoing outreach plan to the displaced population, and participation in data collection for the Fresno Madera Counties Continuum of Care Point-in-Time Report.
The City may inspect the facility at any time for compliance with the facility’s management and operation plan and other applicable laws and standards. [Source: 17.92.020.H] 725
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18 8. Permit Fee. The Council may establish a fee by resolution to cover the administrative cost of review of the required management and operation plan. [Source: 17.92.020.I] C. Constitutionality. Should any subsection, paragraph, clause, or phrase of this Section for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Section. [Source: 17.92.040]
17.40.040 Home Occupation
A. Purpose and Intent. It is the intent of this Section to allow for home occupations if their effects on residential neighborhoods are undetectable from normal and usual residential activity and that such activities are not detrimental to the residential character of the neighborhood in which they are located. [Source: 17.18.010]
B. Home Occupation Permit Application. A Home Occupation Permit is required to engage in a home occupation. See Chapter 17.78 (Home Occupation Permit) for Occupation Permit application and processing procedures. The Home Occupation Permit shall be issued by the Director who may establish reasonable conditions to prevent potential adverse impacts. An application for a Home Occupation Permit shall be in a form prescribed by and filed with the Department. 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 Director. [Source: 17.18.020, modified] C. Operating Standards. Home occupations shall comply with the following:
1. Business License. The home occupation shall be conditionally approved until the applicant submits to the Department evidence of a valid Business License for the home occupation pursuant to Section 5.04.020 (License – Required – Compliance) of the Municipal Code.
The applicant shall comply with this condition within five days after approval of the Home Occupation Permit as herein provided for. Failure to do so will result in the automatic revocation or termination of the Home Occupation Permit. Possession of a State Board of Equalization resale permit indicating an address in a residential zone shall be deemed constructive notice of the existence of a business, thus subjecting it to Home Occupation Permit regulations. [Source: 17.18.030.A]
2. Employees. There shall be no employment of help. Permanent residents of the dwelling are the only persons permitted to engage or be employed in the home occupation at the residence. Workers shall not be allowed to physically report for activities such as dispatching or assignment to off-site locations. [Source: 17.18.030.B]
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19 3. Equipment. There shall be no use of materials or mechanical equipment not recognized as an incidental domestic use which creates objectionable noise, dust, odor, vibration, or other effects, which can be detected at the property line. The operation of the facility must comply with residential noise standards contained in Chapter 9.26, (Prohibition of Unreasonably Loud and Unnecessary Noise) and the Noise Element of the General Plan.
Power tools not exceeding two horsepower are permitted. Commercial kitchens are prohibited. [Source: 17.18.030.C]
4. Client Visitation. The use shall not generate pedestrian or vehicular traffic or parking demand more than that customarily associated with the residential zone in which it is located. [Source: 17.18.030.D]
5. Deliveries and traffic generation. When the person conducting the home occupation serves as an agent or intermediary between outside suppliers and outside customers, all articles, except for samples, shall be sold directly to customers at an off-site premises location.
Deliveries to and pick-ups from the home occupation to customers is prohibited. Deliveries to and pick-ups by commercial vehicles as well as mail carriers (i.e., USPS, FedEx, UPS) are permissible; however, they shall not be excessive, as to cause a traffic nuisance for surrounding uses. [Source: 17.18.030.E]
6. Outdoor Display and Storage. There shall be no excessive or unsightly storage of materials or supplies, indoor or outdoor, for purposes other than those permitted in the zone. [Source: 17.18.030.F]
7. Parking. Existing garages that are required for off-street parking spaces shall not be modified or used to preclude the normal parking and storage of family vehicles. Home occupations shall provide off-street parking for all vehicles owned by or registered to the business. Vehicles used to transport goods for the home occupation shall be parked onsite. Vehicles used to conduct the home occupation, such as tow trucks or other maintenance vehicles, shall be stored in a fully enclosed garage or behind a six-foot wall. [Source: 17.18.030.G, modified]
8. Signs and Advertising. Home occupations shall not involve the use of signs or structures to advertise the business or service(s) other than those permitted in the district of which it is a part. Except as allowed by these standards there shall be no delivery, display, distribution, sale, or storage of merchandise, or advertising signs on or off the premises. [Source: 17.18.030.H]
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20 9. Dwelling Appearance. The home occupation shall not alter the appearance of the dwelling unit or the conduct of the occupation within to conduct, operate or maintain the business either by color, materials or construction, lighting, signs, sounds, noises, or vibrations, which tend to diminish the residential character of the residence. [Source: 17.18.030.I, HOP Memorandum]
10. Allowable Area. The total area of the main residence structure used for the operation and conduct of the business shall not exceed 250 square feet or 15 percent of the total floor area of the residence, whichever is smaller. The home occupation shall be conducted entirely within the primary structure.
11. Business Operation. No part of the conduct, maintenance, or operation of the business or the storage of materials or equipment therefor shall be in open areas visible to the neighbors or public. [Source: 17.18.030.J]
12. Rental Property. If the home occupation is to be conducted on rental property, property owner authorization for the proposed use shall be obtained prior to the issuance of a Home Occupation Permit. [Source: 17.18.030.K]
13. Safety. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises nor use utility services in amounts greater than normally provided for the residential use. [Source: 17.18.030.L, HOP Memorandum]
14. Nuisance. The use shall not create or cause dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials, or vibrations that can or may be considered a hazard or nuisance. The home occupation shall not generate quantities or types of refuse or trash not normally associated with residential use. [Source: 17.18.030.M, HOP Memorandum]
D. Allowed Uses. The following types of home occupations shall be allowed in zones where residential uses are allowed, such as, but not limited to:
1. Consultative professional occupations, whose function is one of rendering a service and does not involve the dispensing of goods and/or products. [Source: 17.18.040.A]
2. Specialty/Trade contractors, including electrician, general contractor, landscaper, janitorial cleaning, painter, plumber, and home/commercial maintenance service provider. [Source:
HOP Memorandum]
3. Commercial truck driver, tow truck driver, or other similar transportation trade. [Source:
HOP Memorandum]
4. Event planner and party equipment rental. [Source: HOP Memorandum] 728
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21 5. Internet based business, where all components and services are conducted online via the internet.
6. Personal care services, including athletic trainer, dietician, and life coach. [Source: HOP Memorandum]
7. Cottage food operation or other food uses that are exempt from an Environmental Health permit. [Source: HOP Memorandum]
8. Secondary business offices, where said business has its principal office, staff and equipment located elsewhere. [Source: 17.18.040.B]
9. Farm management offices, where an agricultural operation on the premises requires such offices. [Source: 17.18.040.C]
10. The giving of music lessons and similar occupations for no more than one person at a time. [Source: 17.18.040.D]
11. Salesperson/sales office, when all sales are done by written order with no commodities or displays on the premises. [Source: 17.18.040.E]
12. Drafting, designing and the like, using only the normal drafting equipment. [Source:
17.18.040.F]
E. Prohibited Uses. The following types of home occupations shall not be allowed in a residential zone, such as, but not limited to:
1. Gun and/or ammunition sales; [Source: 17.18.050.A]
2. Barber, beauty shops, body art, and other similar cosmetic care services; [Source:
17.18.050.B]
3. Businesses which involve the handling, training, breeding, raising or grooming of cats, dogs, or other animals on the premises; [Source: 17.18.050.C]
4. Carpentry and cabinet making; [Source: 17.18.050.D]
5. Medical and dental offices, clinics, laboratories, and other similar para-professional services; [Source: 17.18.050.E]
6. Repair, fix-it or plumbing shops; [Source: 17.18.050.F]
7. Storage of equipment, materials and other accessories to the construction or service trades; [Source: 17.18.050.G]
8. Motor vehicles repair (body or mechanical), upholstery, detailing, painting; [Source:
17.18.050.H]
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22 9. On- or off-site vehicle detailing services, including mobile car wash, detailing, and window tinting; [Source: HOP Memorandum]
10. Screen printing; [Source: HOP Memorandum]
11. Microenterprise home kitchen operations; [Source: HOP Memorandum]
12. Welding or machining; [Source: 17.18.050.I]
13. Kennel or cattery; and [Source: 17.18.050.J]
14. Other uses which in the opinion of the Director conflict with the purpose of this Section. [Source: 17.18.050.K]
17.40.050 Mobile Home Park
A. Purpose. The purpose of this Section is to promote housing opportunities for residents by establishing policies and development standards for mobile home parks. The development standards for the mobile home parks will further encourage the creation of stable and attractive parks which will benefit the residents of the park and the community. [Source: 17.68.010] B. General Provisions and Exceptions. Mobile home parks shall comply with the following standards.
1. The provisions of this Section shall be considered supplemental to all applicable State regulations and to other pertinent City ordinances. [Source: 17.68.020.A]
2. Mobile home parks may be constructed on any land planned and zoned for residential development, as identified in Article 2 (Zones, Allowable Uses, and Development Standards). [Source: 17.68.020.B]
C. Allowed Uses. Allowed uses within a mobile home park include: [Source: 17.68.030, modified]
1. Single-unit dwelling mobile/manufactured home;
2. Common recreational facilities and structures;
3. Administration offices for mobile home park use only; and
4. Accessory uses incidental to single-unit dwelling and/or mobile homes parks. [Source:
17.68.030.A-D]]
D. Uses Allowed with a Conditional Use Permit. All mobile home parks shall require a Conditional Use Permit. Applications for a Conditional Use Permit shall be consistent with Chapter 17.84 (Conditional Use Permit). In addition, the following information shall be provided. [Source:
17.68.040]
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23 1. A complete storm drainage plan providing for the ultimate disposal of stormwater showing on-site facilities and off-site storm lines;
2. A wastewater plan which identifies the location and size of sewer lines within the mobile home park;
3. A complete water source and distribution plan for the entire mobile park. [Source:
17.68.040.A-C]
E. Prohibited Uses. The following uses and activities are prohibited in a mobile home park:
1. Travel trailers and other recreational vehicles shall not be located or occupied in mobile home parks except as specified elsewhere in this Title.
2. Commercial activities, except the sale of a mobile home by the owner or by a real estate company.
3. No more than one mobile home shall be allowed on each mobile home lot. [Source:
17.68.050.A-C]
F. Development Standards. Mobile home parks shall comply with the following development standards.
1. Minimum and Maximum Size. The minimum parcel size for a mobile home park shall be 2.5 acres. The maximum size of a mobile home park shall be 20 acres. [Source: 17.68.060.A, modified]
2. Density. The density of the mobile home park shall not exceed the allowable density permitted by the underlying land use designation in the General Plan. [Source:
17.68.060.B]
3. Minimum Mobile Home Space Size. The minimum size of a mobile home space shall be:
a. Single Wide. Each lot planned for a single wide mobile home shall have a minimum lot size of 2,800 square feet.
b. Double Wide. Each lot planned for a double wide mobile home shall have a minimum lot size of 4,500 square feet. [Source: 17.68.060.C.1-2]
4. Setback Requirements. Mobile home parks shall comply with the following setback requirements.
a. Mobile Home Park. Parks shall comply with the following:
i. Front Setback: 20 feet
ii. Side Setback: None, except when the side yard area is adjacent to a street in which case the yard shall be a minimum of 10 feet.
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24 iii. Rear Setback: None, except when the rear yard area is adjacent to a street in which case the yard shall be 10 feet. [Source: 17.68.060.D.1.a-c] b. Individual Mobile Home Lot. Individual spaces/lots shall comply with the following. i. Front Setback: 15 feet.
ii. Side Setback: Eight feet.
iii. Rear Setback: 10 feet. [Source: 17.68.060.D.2.a-c] c. Accessory Structures. Accessory structures (i.e., patio covers, storage structures, carports, greenhouses) can be located within three feet of a side or rear property line. [Source: 17.68.060.D.3]
5. Parcel Coverage. No more than 60 percent of the mobile home lot area shall be covered with structures, including accessory structures. [Source: 17.68.060.E] G. Signs. Signs shall comply with the standards established in Chapter 17.30 (Sign Regulations). [Source: 17.68.070]
H. Fences, Walls, and Hedges. A seven-foot masonry wall shall be constructed around the rear and side yards of the mobile home park. The wall shall be consistent with the setback requirements of Subparagraph 17.40.050.F (Development Standards), above. [Source: 17.68.080] I. Parking. Parking for mobile home parks shall be consistent with the parking regulations established in Chapter 17.28 (Parking, Loading, and Access). [Source: 17.68.090, modified] J. Improvement Standards. Mobile home parks shall comply with the following improvement standards.
1. Streets. In addition to all applicable street development requirements, mobile home parks shall provide the following improvements:
a. Streets within the mobile home park that provide access to 20 mobile home lots or more shall not have a pavement width less than 36 feet. b. Streets within the mobile home park that provide access to fewer than 20 mobile home lots shall not have a pavement width less than 30 feet. c. The maximum length of a cul-de-sac shall be 3,000 feet. The turnaround shall not have a diameter of less than 70 feet.
d. Street name signs and address directories shall be provided and maintained at each street intersection and at each entrance to a public street.
2. Undergrounding. All public utilities shall be installed underground, including electrical supply, telephone, and cable TV. [Source: 17.68.100.B]
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25 3. Skirting. All mobile homes shall be fitted with skirting which extends from the floor level of the mobile home to the ground. [Source: 17.68.100.C]
4. Landscaping. Mobile home parks shall comply with the following. a. All exterior yard areas shall be landscaped with turf and a combination of shrubs and trees. At least one 15-gallon tree shall be planted for every 25 lineal feet that fronts onto a street.
b. All landscaped areas shall be provided with an irrigation system. These areas shall be well maintained free of weeds and litter, well irrigated, mowed and trimmed. [Source: 17.68.100.D.1-2]
5. Permits. Unless otherwise governed by State law, any public or private improvements shall be subject to City plan review and permits.
a. The applicant shall file with the City Engineer an application for plan review of improvement plans and specifications of design and construction or alteration of the mobile home park together with a statement describing the water supply, ground drainage and method of sewage and garbage disposal therefor. Said plan review and permit shall be subject to fees establish by resolution of the City Council. [Source: 15.28.020]
b. All construction and operation procedures within the property lines of the premises of a mobile home park shall be in accordance with the provisions of the most recent edition of:
i. California Health and Safety Code, Division 13 (entitled “Housing”), Part 2 (entitled “Mobile Homes – Manufactured Housing), Section 18000 et seq. ii. California Code of Regulations, Title 25, Division 1, Chapter 3, Subchapter 2 (entitled “Mobile Homes, Recreational Vehicles and Commercial Coaches), Section 4000 et seq.
c. An application for a permit shall be subject to applicable plan review and permits fees as established by City Council resolution.
17.40.060 Mobile and Temporary Office Structures
A. Purpose and Intent. This Section regulates the use of mobile office structures used for commercial and institutional purposes. [Source: 17.78.090]
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26 B. Screen Stands, Pads, and Undercarriage Equipment. Mobile office structures shall be fitted with appropriate skirts to screen stands, pads and undercarriage equipment. The skirting shall be architecturally compatible with the structure. [Source: 17.78.090.A] C. Design. Roof material, roof overhangs, roof pitch, and exterior siding which shall extend to the ground, shall be compatible with other structures existing within the surrounding area. At the time of permit application, the Director shall review the architectural features and treatment of the proposed mobile office structure and shall determine the architectural compatibility of the proposed structure with surrounding existing structures. The Director may require improvements to the proposed structure to ensure architectural compatibility. [Source: 17.78.090.C] D. Tow Bars. Any tow bars shall be removed when the vehicle is installed. [Source: 17.78.090.D] E. Development Standards. Mobile office structures shall comply with all other applicable standards of the zone in which they are placed. [Source: 17.78.090.E] F. Permanent Foundation. Except for temporary mobile office structures, mobile office structures shall include a permanent foundation, approved by the Building Official.
17.40.070 Wireless Telecommunication Tower, Antennas, and Structures A. Purpose. The purpose of this Section is to provide standards for the development of wireless telecommunications facilities, antennas, and structures. The established standards are to provide a uniform set of aesthetic qualities standards and ensure the orderly development of wireless telecommunications facilities, antennas, and structures on non-public right-of-way areas consistent with Federal standards and with the objectives of the General Plan. Standards and procedures found herein shall apply to all applicable wireless telecommunications facilities and antennas. [Source: NEW]
B. Applicability. This Section shall apply to any wireless telecommunications facilities, antennas, and structures for which land use approval is required.
1. Pre-existing Towers, Antennas, and Structures. Telecommunications facilities, antennas, and structures legally permitted and existing at the time the ordinance codified in this section becomes effective shall be subject only to federal and state requirements plus local building and safety codes. Once a pre-existing facility applies for any modification or expansion, said facility shall be subject to compliance with all current applicable codes, including but not limited to this Code and this Chapter. [Source: NEW]
2. New Facilities. All new telecommunications facilities, antennas, and structures requesting a Building Permit. [Source: NEW]
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27 3. District Height Limitations. The requirements set forth in this section shall govern all antennas and towers proposed for installation in the City of Kerman. Special provisions are created to regulate the location of towers that exceed, and antennas that are installed at a height in excess of the height limitations specified for each zoning district. The height limitations applicable to buildings and structures shall apply to towers and support structures but shall not apply to antennas attached to existing towers. [Source: NEW]
4. Public Property. Telecommunications facilities located on property owned, leased, or otherwise controlled by the City shall be allowed as provided herein, subject to the provisions of this section. [Source: NEW]
5. Amateur Radio Receive-only Antennas. This section shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
6. This section shall also be inapplicable to a satellite dish antenna with a height not exceeding 15 feet, or a ground or building mounted residential receive-only radio or television antenna less than 35 feet high, or a citizens band radio antenna if the height does not exceed 20 feet above the building on which it is mounted or 60 feet above the ground.
7. This section also does not apply to the installation of a ground or building mounted receive only radio or television satellite dish antenna which does not exceed 36 inches in diameter for the sole use of the resident occupying a residential parcel on which the satellite dish is located.
C. Permits Required. Telecommunications facilities, antennas, and structures shall obtain the following permits in compliance with the following.
1. Conditional Use Permit. All telecommunications facilities and antennas shall require a Conditional Use Permit in compliance with Chapter 17.84 (Conditional Use Permits). [Source: 17.62.080.H.1]
2. Site Plan Review. Any telecommunications facility, antenna, ground-mounted equipment, and structures shall be required a Site Plan Review in compliance with Chapter 17.80 (Site Plan Review Permit). [Source: NEW]
3. Building Permit. A Building Permit shall be required prior to the installation of telecommunications facilities, antennas, and structures. [Source: 17.62.080.C] D. Findings for Approval. In considering whether to grant a Conditional Use Permit, the Commission shall find that the following will be met: [Source: 17.62.080.H.2] 735
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28 1. The aesthetic appearance of the community can be maintained using alternative tower structures, landscaping, setbacks, restrictions on placement, or a combination of the above methods; and [Source: 17.62.080.H.2.a MODIFIED]
2. The conditions to be imposed protect the applicant’s right to receive reasonably good signal reception without limitations or expenses which are reasonable considering the purchase and installation cost of telecommunications facilities, antennas, and structures. [Source: 7.62.080.H.2.b]
The telecommunications facility or antenna meets or exceed current standards and regulations of the FAA, the FCC, the California Public Utilities Commission and any other agency of the federal or state government with the authority to regulate towers and antennas.
3. The installation of the telecommunications facility or antenna will provide a geographic area with a needed service that is otherwise not available.
E. General Requirements and Standards. The general requirements and standards set forth in this subsection shall govern the installation, submittal, and aesthetics requirements of all telecommunications facilities, antennas, and structures governed by this Section.
1. Principal or accessory uses. Antennas and towers may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For purposes of determining whether the installation of a tower or antenna complies with zoning district standards and regulations, the evaluation shall include, but not be limited to, set-back, lot-coverage, and other such requirements. The dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this section shall not be deemed to constitute the expansion of a non-conforming use or structure.
2. Submittal requirements. Each applicant requesting a land use approval under this section shall submit a scaled site plan and a scaled elevation view, a series of computer generated simulated photographs portraying the appearance of the proposed tower from critical points of view, and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information deemed by the Director or Planning Commission to be necessary to assess compliance with this section. Any information of an 736
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29 engineering nature that the applicant submits, whether civil, mechanical, or electrical shall be certified by a licensed professional engineer.
3. Inventory of existing sites. Each applicant for an antenna and or tower shall provide to the Planning Division a grid map depicting an inventory of all existing towers, as well as all of its planned towers, that are either within the jurisdiction of the city or within one mile of the border thereof, including specific information about the (proposed) location, height, and design of each tower. The Planning Division may share such information with other applicants applying for administrative approvals or conditional use permits under this section or other organizations seeking to locate antennas within the jurisdiction of the city for purposes of encouraging co-location where such policy is found consistent with a pleasing appearance in the community, provided, however, that the Planning Division is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
4. Co-location. It is the purpose of this section, except where inconsistent with the goal of maintaining an aesthetically pleasing community, to:
a. Encourage strongly the co-location of antennas and antenna arrays at new and existing tower sites in order to limit or reduce the number of towers within the community. Based on the required inventory of sites, and inventories previously filed with the Community Development Department, the applicant is required to justify why other existing sites are not suitable for co-location, or provide documentation that a tower which might serve as an alternative site is either not available for co-location or not structurally capable of sustaining any co-location. b. The intention of this analysis is to present alternative strategies which would minimize the number, size, and adverse environmental impacts of facilities necessary to provide the needed services to the city and surrounding areas. The analysis shall address the potential for co-location at an existing or a new site and the potential to locate facilities as close as possible to the intended service area. It shall explain the rationale for selection of the proposed site in view of the relative merits of any of the feasible alternatives. The encouragement of co-location shall not extend to towers or other structures which would present a clearly unattractive appearance in the judgment of the Director if such co-location were carried out.
5. Aesthetics and lighting. The guidelines set forth in this subsection shall govern the aesthetics and lighting of all tower antennas governed by this section; provided, however, that the Commission may waive or modify these requirements if it determines that the goals of this subsection are better served thereby.
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30 a. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, to reduce visual obtrusiveness. b. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment. c. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure to make the antenna and related equipment as visually unobtrusive as possible. d. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the Commission may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.
6. Satellite Dish Antennas. The following shall apply to satellite dish antennas located on residential zone districts.
a. Maximum Size. Satellite dish antennas shall be limited to a maximum diameter of 12 feet. [Source: 17.62.080.D]
b. Height. The maximum height of a freestanding satellite dish antenna shall be 15 feet. Edge-mounted antennas, which are mounted in the ground and attached to the eave of a residential dwelling or garage, shall have a maximum height of 18 feet. [Source: 17.62.080.E]
c. Number Allowed. Only one satellite dish antenna shall be allowed per parcel. [Source: 17.62.080.F]
d. Setback Standards. Satellite dish antennas shall comply with the setback standards for the zone in which the satellite dish is to be located. Satellite dish antennas shall be prohibited in front yard setback areas. [Source: 17.62.080.G] F. Exceptions. The Commission may waive or modify standards contained in subsection (E)(5) , when, in the opinion of the Commission, the requirements are determined to be infeasible and/or would not be in the interest of the property, surrounding property, or the community. 738
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31 G. Required Approvals.
1. Administrative Approvals. The addition of a tower or antenna may be permitted through the building permit process in accordance with this section provided the project is considered to be a minor expansion or an accessory use allowed in the zone in which the project is located, and further provided that the total height of the antenna and the structure to which it is attached does not exceed the height or setback restrictions for the zone in which it is located. All such structures shall comply with subsection (E)(5) of this section, unless a modification is granted, and all other applicable provisions of the Municipal Code.
a. Installing an antenna on an existing structure other than a tower (such as a building, sign, light pole, water tower, or other free standing nonresidential structure) that is less than 50 feet in height, so long as such addition does not add more than 20 feet to the height of the existing structure; b. Installing an antenna on any existing tower of any height, so long as the addition of said antenna adds no more than 20 feet to the height of said existing tower and said tower is not a pre-existing tower; provided, however, that such specific permitted use shall not include the placement of additional buildings or other supporting equipment used in connection with said antenna.
2. Site Plan Review Approval. The Director may approve the uses listed in subsections (a), (b) and (c) below. Each application shall be processed in accordance with the provisions of Chapter 17.80 (Site Plan Review Permit) et seq. of this chapter. In connection with any such site plan review approval, the Director may, in order to encourage shared use or use of alternative tower structures, administratively waive any zoning district setback requirements by up to fifty percent and may administratively waive any zoning district height restriction by an amount not to exceed 25 feet. The following uses may be approved by the Director after conducting a site plan review:
a. Locating a tower, including the placement of additional buildings or other supporting equipment used in connection with said tower, in any industrial or commercial zoning district; provided, however, that such tower shall be subject to the height limitations for the zoning district in which the project is proposed, except as waived in Section (G)(2), immediately above.
b. Installing an antenna on an existing structure other than a tower (such as a building, sign, light pole, water tower or other free-standing nonresidential structure) that is 50 feet in height or greater, so long as said additional antenna adds no more than 20 feet to the height of said existing structure. 739
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32 c. Installing an antenna on an existing tower of any height, including a pre-existing tower and further including the placement of additional buildings or other supporting equipment used in connection with said antenna, so long as the addition of said antenna adds no more than 20 feet to the height of said existing tower.
d. Locating any alternative tower structure in any zoning district that in the judgment of the Director is in conformity with the requirements set forth in subsection (E) of this section; provided, however, that such tower shall be subject to the height limits of the zoning district in which the tower is proposed. e. Installing a ground or building-mounted receiver for radio or television satellite dish only, with a diameter exceeding 36 inches but less than eight feet in diameter, and a height in excess of 15 feet, subject to the following restrictions:
i. In a residential zone, the antenna must be for the sole use of the resident occupying a residential parcel on which the satellite dish is located. ii. In a residential zone, no more than one antenna or satellite dish may be permitted, which must conform to residential height restrictions and setbacks, and must have a rear yard or rear- of-house orientation unless these options preclude a usable satellite signal.
iii. In a non-residential zone, no more than three antennas or satellite dishes may be permitted where adequate screening is provided and which are solely for the use of the project site tenants.
iv. The antenna or satellite dish cannot be located in any required yard setback area of the zoning district in which it is located with the exception of possible encroachment of the antenna array into airspace over said setback.
v. Satellite dishes and parabolic antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their function.
3. Conditional Use Permit. Telecommunications facilities and antennas not permitted pursuant to subsections (1) and (2) shall be subject to approval of a use permit in accordance with Chapter 17.84 (Conditional Use Permits) et seq. of this Section. 740
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33 a. In granting a conditional use permit, the Commission may impose conditions to the extent it concludes such conditions are necessary to minimize any adverse effect of the proposed telecommunications facility, antenna, or structures on adjoining properties. The Commission shall consider the following factors in determining whether to approve a conditional use permit. i. Height of the proposed tower;
ii. Exact location of the tower in relation to the distance of the tower from residential structures and residential district boundaries; iii. Nature of uses on adjacent and nearby properties;
iv. Surrounding topography;
v. Surrounding tree coverage and foliage;
vi. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; vii. Proposed ingress and egress;
viii. Site improvement; and
ix. Availability of suitable existing towers and other structures as discussed in the following subsection.
b. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Commission that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:
i. No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements.
ii. Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.
iii. Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment. iv. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antennae.
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34 v. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
vi. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
c. The following setbacks and separation requirements shall apply to all towers and antennas for which a use permit is required; provided, however, that the Planning Commission may reduce the standard setbacks and separation requirements if the goals of this section would be better served thereby.
i. Towers must be set back a distance equal to the height of the tower, including antennas, plus 20 feet from any off-site residential structure. ii. Towers, guys, and accessory facilities must satisfy the minimum zoning district setback requirements.
iii. In zoning districts other than industrial or heavy commercial zoning districts, towers over 90 feet in height shall not be located within onequarter of a mile from any existing tower that is over 90 feet in height. d. All towers and telecommunication facilities, with the exception of slimline monopole structures, shall be designed to promote facility and site sharing. To this end, towers and necessary appurtenances, including but not limited to parking areas, access roads, utilities, and equipment buildings shall be designed to allow for potential shared use by other telecommunication services. The facility shall make available unutilized space for co-location of telecommunication facilities, including space for those entities providing similar, competing services. A good faith effort in achieving co-location shall be required. Request for utilization of facility space and responses to such requests shall be made in a timely manner and in writing with copies provided to the City.
e. Towers, equipment shelters, and any guy wires, either completely or individually, shall be enclosed by security fencing not less than eight feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the Planning Commission may waive or modify such requirements, as it deems appropriate. "No Trespassing" signs shall be posted around the facility with a telephone number of who to contact in the event of an emergency on a 24-hour basis.
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35 f. The following requirements shall govern the landscaping surrounding towers for which a use permit is required; provided, however, that the Planning Commission may waive such requirements if the goals of this section would be better served thereby.
i. The applicant shall enter into an indemnification agreement with the city to defend, indemnify, and hold harmless the city and its officers or employees from any claim, action, or proceeding against the city as a result of the action or inaction of the city and its officers or employees in approving an application pursuant to this section.
ii. Tower facilities shall be landscaped with a buffer of plant materials which effectively screen the view of the tower compound from adjacent residential property. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound. iii. In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived altogether. iv. Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
H. Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove same within 90 days of receipt of notice from the Director notifying the owner of such abandonment. If such antenna or tower is not removed within said 90 days, the Director may remove such antenna or tower at the owner's expense. The Commission declares that such abandoned towers are a public nuisance and may be summarily abated as provided in this Section and as may be provided under the applicable laws of the state, and the expenses of such abatement shall constitute a lien against the underlying property upon which the tower is located and a personal obligation against the owner of such underlying property. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
I. Definitions. For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Alternative tower structure. Man-made trees, clock towers, bell steeples, light poles, slim-line monopole, stealth and similar alternative antenna mounting structures that camouflage or conceal the presence of antennas or towers.
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36 Antenna. Any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves. This includes antennas relating to personal wireless services. Antennas include microwave dishes, satellite dishes, whips, and panels.
Array. A set of antennas for one carrier or service that are placed on a mount at a given height and spaced so as to avoid internal interference. An array is usually sectored into three directions and separated vertically from another carrier's array co-located on the same mount.
Co-location. The use of a single mount on the ground by more than one carrier, or by several mounts on an existing building or structure by more than one carrier.
Faa. The Federal Aviation Administration.
FCC. The Federal Communications Commission.
Guyed tower. A tower that is tied to the ground or other surface by diagonal cables.
Height. When referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna.
Attice tower. A type of mount that is self-supporting with multiple legs and cross-bracing of structural steel.
Monopole. A type of mount that is self-supporting with a single shaft of wood, steel, or concrete and a platform (or racks) for panel antennas arrayed at the top. Vertical co-locations often have arrays at intermediate positions on the monopole.
Mounts. The structure or surface upon which antennas are mounted, and include monopoles, lattice towers, guyed towers, and buildings.
Omnidirectional (whip) antenna. A thin rod that beams and receives a signal in all directions.
Panel antenna. A flat surface antenna usually developed in multiples covering three sectors of 120 degrees each.
Personal wireless services. Commercial mobile radio services, unlicensed wireless services, and common carrier wireless exchange access services. Commercial mobile radios services include cellular services, personal communication services, enhanced specialized mobile radio services, and paging services.
Personal wireless service facility. A facility for the provision of personal wireless services, as defined by the Telecommunications Act. A personal wireless service facility is the appropriate term for "cell site".
Pre-existing towers and antennas. Any existing tower or antenna for which a permit has been properly issued prior to the effective date of this section. Any such towers or antennas shall be referred to in this section as "pre-existing towers" or "pre-existing antennas" and shall not be required to meet the requirements of this section.
Stealthing. See “alternative tower structure.”
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37 Slimline monopole antenna. A structure not exceeding 70 feet in height, 18 inches in diameter at the base, and ten inches in diameter at the top, upon which are mounted not more than three vertical panel antennas not exceeding one foot in width or seven inches in depth.
Telecommunication facility. A facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes, horns, and other types of equipment for the transmission or receipt of such signals, telecommunication towers or similar structures supporting said equipment, equipment building, parking area, or other accessory development.
Tower. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like.
Vertical antenna. A flat panel or vertical pole or whip type antenna. 745
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Chapter 17.42
Density Bonuses
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40 Chapter 17.42 Density Bonuses
17.42.010 Purpose
A. Purpose. This Chapter implements Government Code Section 65915, which requires the City to provide incentives for affordable housing, senior housing, and childcare facilities. [Source:
17.70.010, modified]
B. Conflicts. In the event of any conflict between this Chapter and Government Code Section 65915, the provisions of the Government Code shall apply. [Source: NEW]
17.42.020 Eligibility and Requirements
To be eligible for a density bonus, reduced parking ratios, and other incentives or concessions as provided by this Chapter, a proposed housing development shall comply with the following requirements and shall satisfy all other applicable provisions of this Zoning Code, except as provide by Section 17.42.050 (Allowed Incentives or Concessions), Section 17.42.090 (Reduced Parking Requirements), and Section 17.42.100 (Housing with Childcare Facilities). [Source: NEW]
If any portion of this chapter conflicts with any state density bonus law or other applicable state law, state law shall supersede this chapter. Any ambiguities in this chapter shall be interpreted to be consistent with state density bonus laws.
A. Projects Entitled to a Density Bonus. Excluding any units allowed by the density bonus, the City shall grant one density bonus, the amount of which shall be specified in Section 17.42.050 (Allowed Incentives and Concessions), when an applicant for a housing development, includes within that development at least any one of the following: [Source: NEW]
1. At least five percent of the dwelling units are for very low-income households; [Source:
NEW]
2. At least 10 percent of the dwelling units are for lower-income households; [Source: NEW]
3. At least 10 percent of the dwelling units in a common interest development as defined in Civil Code Section 4100 are for persons and families of moderate-income, as defined in Health and Safety Code Section 50093, provided that all units in the development are offered to the public for purchase; [Source: NEW]
4. The project is a senior citizen housing development as defined in Civil Code Sections 51.3 and 51.12, or is a mobile home park that limits residency based on age requirements for housing older persons in compliance with Civil Code Sections 798.76 or 799.5; [Source:
NEW]
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41 5. At least 20 percent of the dwelling units in a student housing development for lower income students that meets the requirements of Government Code Section 65915; [Source: NEW]
6. One hundred percent of all the dwelling units in the housing development, including total units and density bonus units, but exclusive of a manager’s unit(s), are for lower-income households, as defined in Health and Safety Code Section 50079.5, except that 20 percent of the units in the development, including total units and density bonus units, may be for moderate-income house; or [Source: NEW]
7. At least 10 percent of the dwelling units in a housing development for transitional foster youth, as defined in Education Code Section 66025.9; disabled veterans, as defined in Section 18541; or homeless persons, as defined in the Federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). [Source: NEW]
8. The Project donates at least one acre of land to the city for very low-income units and the land has the appropriate general plan designation, zoning, permits, and approvals, and access to public facilities needed for such housing.
B. Density Bonus Selection. For purposes of calculating the amount of the density bonus in compliance with Section 17.42.030 (Amount of Density Bonus) below, the applicant who requests a density bonus shall elect whether the bonus shall be awarded based on Paragraphs (A), above. [Source:
NEW]
C. Bonus Units Shall Not Qualify. A density bonus granted in compliance with Section 17.42.050 (Allowed Incentives and Concessions) below, shall not be included when determining the number of dwelling units that are required by Subsection A, above. [Source: NEW] D. Minimum Project Size. The density bonus provided by this Chapter shall be available only to a housing development of five or more dwelling units, including mixed-use developments. [Source:
NEW]
E. Condominium Conversion Projects. A condominium conversion project for which a density bonus is requested shall comply with the eligibility and other requirements specified in Government Code Section 65915.5. [Source: NEW]
F. Commercial development. When an applicant for approval of a commercial development has entered into an agreement for partnered housing to contribute affordable housing through a joint project or two separate projects encompassing affordable housing, the Director shall grant to the commercial developer a development bonus, in compliance with the following: [Source: NEW]
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42 1. Agreement for Partnered Housing. The agreement for partnered housing shall be between the commercial developer and the housing developer, shall identify how the commercial developer will contribute affordable housing, and shall be approved by the City. Affordable housing may be contributed by the commercial developer in one of the following manners:
[Source: NEW]
a. The commercial developer may directly build the dwelling units; [Source: NEW] b. The commercial developer may donate a portion of the parcel or property elsewhere to the affordable housing developer for use as a site for affordable housing; or [Source: NEW]
c. The commercial developer may make a cash payment to the affordable housing developer that shall be used towards the costs of constructing the affordable housing project. [Source: NEW]
2. Affordability Requirements. To qualify for a development bonus under this Subsection, a commercial developer shall partner with a housing developer that provides at least 30 percent of the dwelling units for low-income households or at least 15 percent of the dwelling units for very low-income households. [Source: NEW]
3. Location of Affordable Housing. The housing shall be constructed on the site of the commercial development or on a site that complies with the following: [Source: NEW] a. Within the incorporated City; [Source: NEW]
b. Close to public facilities and services, including schools and employment centers; and [Source: NEW]
c. Within one-half mile of a major transit stop, as defined in Public Resources Code Section 21155(b). [Source: NEW]
4. Type of Development Bonus. The development bonus granted to the commercial developer shall mean incentives, mutually agreed upon by the developer and the City, that may include, but are not limited to, any of the following: [Source: NEW] a. Up to a 20 percent increase in maximum allowable intensity in the General Plan; b. Up to a 20 percent increase in maximum allowable floor area ratio; c. Up to a 20 percent increase in maximum height requirements; d. Up to a 20 percent reduction in minimum parking requirements; e. Use of a limited-use/limited-application elevator for upper floor accessibility; and/or
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43 f. An exception to the standards established in this Zoning Code or other land use regulation.
5. Affordable Housing Fee. A development bonus pursuant to this Section shall not include a reduction or waiver of the requirements within an ordinance that requires the payment of a fee by a commercial developer for the promotion or provision of affordable housing. [Source: NEW]
6. Timing of Construction. If the developer of the affordable dwelling units does not commence with construction of those units in accordance with timelines ascribed by the agreement described in Paragraph 1 above, the City may withhold certificates of occupancy for the commercial development under construction until the developer has completed construction of the affordable units. [Source: NEW]
17.42.030 Amount of Density Bonus
If requested by the applicant, the City shall grant density bonuses in the amounts established in this Section.
A. Density Bonus. A housing development that complies with the eligibility requirements established in Section 17.42.020 (Eligibility and Requirements), shall be entitles to density bonuses as follows, unless a lesser percentage is proposed by the applicant. [Source: NEW]
1. Very-Low Income Density Bonus. A housing development that is eligible for a bonus in compliance with the criteria established in Paragraph 17.42.020.A (Projects Entitled to a Density Bonus)shall be entitled to a density bonus in accordance with Table 17.42-1 (Bonus for Very Low-Income Household Units). [Source: NEW]
Table 17.42-1
Bonus for Very Low-Income Household Units
Percentage of Very Low-Income Units Proposed Percentage Density Bonus 5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
12 38.75
13 42.5
14 46.25
15-44 50
100* 80
* Applies when 100 percent off the total units, excluding manager’s units, are restricted to very low-, lower-, and moderate-income (maximum 20 percent moderate).
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44 2. Low-Income Density Bonus. A housing development that is eligible for a bonus in compliance with the criteria established in Paragraph 17.42.020.A (Projects Entitled to a Density Bonus) shall be entitled to a density bonus calculated in accordance with Table
17.42-2 (Bonus for Low-Income Household Units). [Source: NEW] Table 17.42-2
Bonus for Low-Income Household Units
Percentage of Low-Income Units Proposed Percentage Density Bonus 10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
16 29
17 30.5
18 32
19 33.5
20 35
21 38.75
22 42.5
23 46.25
24-44 50
100* 80
* Applies when 100 percent off the total units, excluding manager’s units, are restricted to very low-, lower-, and moderate-income (maximum 20 percent moderate).
3. Moderate-Income Density Bonus. A common interest housing development that is eligible for a bonus in compliance with the criteria established in Paragraph 17.42.020.A (Projects Entitled to a Density Bonus) shall be entitled to a density bonus calculated in accordance with Table 17.42-3 (Bonus for Moderate-Income Household Units). [Source: NEW] Table 17.42-3
Bonus for Moderate-Income Household Units
Percentage of Moderate-Income Units Proposed Percentage Density Bonus 10 5
11 6
12 7
13 8
14 9
15 10
16 11
17 12
18 13
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45 Table 17.42-3
Bonus for Moderate-Income Household Units
Percentage of Moderate-Income Units Proposed Percentage Density Bonus 19 14
20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 33
39 34
40 35
41 38.75
42 42.5
43 46.25
44 50
100* 80
* Applies when 100 percent off the total units, excluding manager’s units, are restricted to very low-, lower-, and moderate-income (maximum 20 percent moderate).
4. Land Donation Density Bonus. When an applicant for a tentative map, parcel map, or other residential development approval donates land to the City in compliance with this Subsection, the applicant shall be entitled to a density bonus for the entire development, in accordance with Table 17.42-4 (Bonus for Land Donation); provided, that nothing in this Subsection shall be construed to affect the authority of the City to require a developer to donate land as a condition of development approval. See Section 17.42.070 (Donations of Land) for additional land donation requirements. [Source: NEW] 753
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46 Table 17.42-4
Bonus for Land Donation
Percentage of Very Low-Income Units Proposed Percentage Density Bonus 10 15
11 16
12 17
13 18
14 19
15 20
16 21
17 22
18 23
19 24
20 25
21 26
22 27
23 28
24 29
25 30
26 31
27 32
28 33
29 34
30 35
5. Senior Housing Density Bonus. A housing development that is eligible for a bonus in compliance with the criteria established in Paragraph 17.42.020.A (Projects Entitled to a Density Bonus) shall be entitled to a density bonus of 20 percent of the number of senior housing units. No affordable units are required to qualify for this bonus. [Source: NEW]
6. Student Housing Density Bonus. A housing development that is eligible for a bonus in compliance with the criteria established in Paragraph 17.42.020.A (Projects Entitled to a Density Bonus) and Government Code Section 65915, shall be entitled to a density bonus of 35 percent of the student housing units. The term "unit", as used in this Paragraph, means one rental bed and its pro rata share of associated common area facilities. [Source:
NEW]
7. Transitional Foster Youth, Disabled Veteran, or Homeless Persons Housing Density Bonus. A housing development that is eligible for a bonus in compliance with the criteria established in Paragraph 17.42.020.A (Projects Entitled to a Density Bonus) shall be entitled to a density bonus of 20 percent of the total number of dwelling units for transitional foster youth, disabled veterans, or homeless persons. [Source: NEW]
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47 B. Greater or Lesser Bonuses. The City may choose to grant a density bonus greater than provided by this Section for a development that meets the requirements of this Section or grant a proportionately lower-density bonus for a development that does not fully comply with the requirements of this Section. [Source: NEW]
C. Density Bonus Calculations. For the purpose of density bonus calculations:
1. Fractional units shall be rounded up to the next whole number, in compliance in State law. [Source: NEW]
2. The residential units do not have to be based upon individual subdivision maps or parcels. [Source: NEW]
3. The residential units shall be on contiguous parcels that are the subject of one development application. [Source: NEW]
4. The density bonus shall be permitted in the geographic area of the housing development other than the areas where the units for the lower-income household are located. [Source:
NEW]
5. Affordable housing projects shall choose a density bonus from only one affordability category (e.g., very low-income) and may not combine categories. [Source: NEW]
6. A density bonus for a senior housing project may not be combined with a density bonus for an affordable housing project. [Source: NEW]
7. A density bonus for the donation of land may be combined with density bonuses for affordable and senior housing. However, in no case may a total density bonus exceed 35 percent. [Source: NEW]
D. Requirements for Amendments or Discretionary Approval. The granting of a density bonus shall not be interpreted, in and of itself, to require a General Plan amendment, Rezone, or other discretionary approval. The granting of a density bonus shall not require or be interpreted to require the waiver of a local ordinance or provisions of a local ordinance unrelated to development standards. [Source: NEW]
17.42.040 Continued Affordability
The applicant shall agree to, and the City shall ensure, the continued affordability of the units that qualified the housing development for a density bonus and other incentives and concessions shall continue to be available as affordable dwelling units in compliance with the following requirements, as required by Government Code Section 65915(c). [Source: NEW]
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48 A. Duration of Affordability. The applicant shall agree to, and the City shall ensure, the continued availability of the dwelling units that qualified the housing development for a density bonus and other incentives and concessions, as follows. [Source: NEW]
1. Very Low- and Low-income Dwelling Units. The continued affordability of all very low- and low-income-qualifying dwelling units shall be maintained for 55 years, or a longer time if required by the construction or mortgage financing assistance program, mortgage insurance program, rental subsidy program, or by City policy or ordinance. [Source: NEW]
2. Moderate-Income Dwelling Units in Common Interest Development. The continued availability of moderate-income dwelling units in a common interest development shall be maintained for a minimum of 10 years, or a longer time if required by City policy or ordinance. [Source: NEW]
3. Dwelling Units for Transitional Foster Youth, Disabled Veterans, or Homeless Persons.
Dwelling units for transitional foster youth, disabled veterans, or homeless persons shall be subject to a recorded affordability restriction of 55 years and shall be provided at the same affordability level as very low-income units. [Source: NEW]
4. Lower-Income Students in Student Housing Developments. The continued affordability of dwelling units for lower-income students in a student housing development shall be subject to a recorded affordability restriction of 55 years. [Source: NEW] B. Dwelling Unit Cost Requirements. The rents and owner-occupied costs charged for the dwelling units in the development that qualify the project for a density bonus and other incentives and concessions, shall not exceed the following amounts during the period of continued availability required by this Subsection: [Source: NEW]
1. Lower-Income Dwelling Units. Rents for the lower-income density bonus dwelling units shall be set at an affordable rent as defined in Health and Safety Code Section 50053; and [Source: NEW]
2. Owner-Occupied Dwelling Units. Owner-occupied dwelling units shall be available at an affordable housing cost as defined in Health and Safety Code Section 50052.5 [Source:
NEW]
C. Occupancy and Resale of Moderate Income for Sale Dwelling Units. An applicant shall agree to, and the City shall ensure that, the initial occupant of all for-sale dwelling units that qualified the applicant for the award of the density bonus are persons and families of very low-, low-, or moderate-income, as required, and that the dwelling units offered at an affordable housing cost, as that cost is defined in Health and Public Safety Code Section 50052.5 . The City shall enforce an equity sharing agreement unlessit conflicts with the requirements of another public funding source or law. The following requirements apply to the equity sharing agreement. [Source: NEW] 756
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49 1. Upon resale, the seller of the dwelling unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. [Source: NEW]
2. The City shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within five years for any of the purposes described in Health and Safety Code Section 33334.2(e) that promote home ownership. For the purposes of this Section: [Source: NEW]
a. The City's initial subsidy shall be equal to the fair market value of the home at the time of initial sale, minus the initial sale price to the moderate-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value; and [Source: NEW] b. The City's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of initial sale. [Source: NEW]
17.42.050 Allowed Incentives and Concessions
A. Applicant Request and City Approval. Applicant’s may request incentives and concessions as follows:
1. In compliance with this Section, an applicant for a density bonus in compliance with this Chapter and Government Code Section 65915(d) may submit a request for the specific incentives or concessions listed in Subsection D (Type of incentives), below, and may request a meeting with the Director. [Source: 27.22.030.E.1, modified]
2. The applicant may file a request for incentives or concessions either before filing an application for City approval of a proposed project or concurrently with an application for project approval. [Source: NEW]
B. Consideration of Requested Incentive or Concession. The City shall grant the incentive or concession requested by the applicant unless the Council makes a written finding, based on substantial evidence, of any the following: [Source: NEW]
1. The incentive or concession does not result in identifiable and actual cost reductions, consistent with Government Code Section 65915(k), to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in Government Code Section 65915(c). [Source: NEW] 757
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50 2. The incentive or concession would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon the public health or safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households. [Source: NEW]
3. The incentive or concession would be contrary to State or Federal law. [Source: NEW] C. Number of Incentives or Concessions. In compliance with Table 17.42-5 (Number of Incentives and Concession), the applicant shall receive the number of incentives or concessions based on the percentage of affordable units in the proposed project. [Source: NEW] Table 17.42-5
Number of Incentives and Concessions
Number of
Incentives/Concessions
Very Low-Income
Percentage
Lower-Income
Percentage
Moderate-Income
Percentage
1 5 10 10
2 10 17 20
3 15 24 30
4 100 (very low, low, moderate*) 100 (very low, low, moderate*) 100 (very low, low, moderate*) * Maximum 20 percent moderate dwelling units.
D. Types of Incentives. For the purposes of this Chapter, concession or incentive means any of the following: [Source: NEW]
1. A reduction in the site development standards of this Zoning Code (e.g., parcel coverage limitations, setbacks, on-site open space requirements, reduced parcel sizes, and/or parking requirements) (also see Section 17.42.090 (Reduced Parking Requirements), or a modification of architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission in compliance with Health and Safety Code Section 18901 et seq., that would otherwise be required, that results in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Health and Safety Code Section 5002.5, or for rents for the targeted units to be set as identified in Section 17.42.040 (Continued Availability); [Source: NEW]
2. Approval of mixed-use land uses not otherwise allowed by this Zoning Code in conjunction with the housing development, if nonresidential land uses will reduce the cost of the housing development, and the nonresidential land uses are compatible with the housing project and the existing or planned development in the area where the project will be located; [Source: NEW]
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51 3. Other regulatory incentives proposed by the applicant or the City that will result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in Section 17.42.040 (Continued Availability); and/or [Source: NEW]
4. In its sole and absolute discretion, a direct financial contribution granted by the Council, including writing-down land cots, subsidizing the cost of construction, or participating in the cost of infrastructure. [Source: NEW]
E. Effect of Incentive or Concession. The granting of a concession or incentive shall not be interpreted to require a General Plan amendment, zoning amendment, study, or discretionary approval. [Source: NEW]
17.42.060 Standards for Affordable Units
All affordable units built under the provisions of this Chapter shall meet the following requirements:
A. Concurrency. Affordable units shall be built concurrently with market rate units unless the City and the applicant agree within the density bonus housing agreement to an alternative schedule for development. [Source: NEW]
B. Location. Affordable units shall be built on-site wherever possible and, where practical, shall be dispersed within the housing development. [Source: NEW] C. Unit Size. The average number of bedrooms of the affordable units shall be equivalent or greater to the bedroom mix of the housing development's other units. [Source: NEW] D. Design. The design and appearance of the affordable units shall be compatible with the design of the housing development. [Source: NEW]
E. Development Standards. Housing developments shall comply with all applicable development standards, except those that may be modified as permitted by this Chapter. [Source: NEW] F. Linked Sites. Circumstances may arise in which the public interest would be served by allowing some or all the affordable units associated with one housing development to be produced and operated at an alternative development site. If the developer and the City agree to allow the production and operation of affordable units at an alternative site, the resulting linked developments shall be considered a single housing development for the purposes of this Chapter. [Source: NEW]
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52 17.42.070 Donations of Land
An applicant shall be eligible for the increased density bonus for land donation provided all the following conditions established in this Section are met.
A. Date of Transfer. The applicant shall donate and transfer the land no later than the date of approval of the final subdivision map, parcel map, or residential development application; [Source: NEW] B. Developable Acreage. The developable acreage of the land being transferred shall be sufficient to permit construction of units affordable to very low-income households in an amount not less than 10 percent of the number of residential units in the proposed development; [Source: NEW] C. Minimum Size. The transferred land shall have an area sufficient to permit development of at least 40 units; [Source: NEW]
D. Appropriate Regulations and Infrastructure. The transferred land shall have the appropriate General Plan land use designation, zoning and development standards to make the development of affordable units feasible, and it shall have existing or planned public facilities, and infrastructure that are adequate to support the development; [Source: NEW] E. Entitlements. No later than the date of approval of the final subdivision map, parcel map, or residential development application, the transferred land shall have all the permits and approvals, other than Building Permits, necessary for the development of the very low-income housing units on the transferred land; [Source: NEW]
F. Deed Restriction. The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units, in compliance with Section 17.42.040 (Continued Affordability). The restriction shall be recorded on the property at the time of dedication; [Source:
NEW]
G. Recipient. The land shall be transferred to the City or to a housing developer approved by the City.
The City may require the applicant to identify and transfer the land to the developer; [Source: NEW] H. Location. The transferred land shall be within the boundary of the proposed development or, if the City agrees, within one-quarter mile of the boundary of the proposed development; and [Source:
NEW]
I. Funding. A proposed source of funding for the very low-income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application. [Source: NEW]
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53 17.42.080 Waivers or Reductions of Development Standards A. Eligibility. An applicant who applies for a density bonus may also request a waiver or reduction of any development standard that would physically prevent the construction of the development project. [Source: NEW]
B. Development Standards Defined. Development standards shall include the following:
1. Development standards include any adopted City standard or regulation related to the physical location or type of construction, including but not limited to, structure height, setbacks, parking, floor area ratio, and the placement of public works improvements. [Source: NEW]
2. As defined in this Section, development standards do not include land use regulations, permitting procedures, inclusionary housing requirements, or development impact fees. [Source: NEW]
C. Number of Waivers or Reductions. Requested waivers and reductions shall comply with the following:
1. There shall be no limit to the number of waivers or reductions available to an applicant. [Source: NEW]
2. The approval of waivers or reductions shall neither reduce nor increase the number of incentives available to a project established in Section 17.42.050 (Allowed Incentives and Concessions). [Source: NEW]
D. Justification of Approval. The City shall approve the requested waiver or reduction if the applicant can demonstrate that it is physically impossible to construct the project without the waiver or reduction. [Source: NEW]
E. Provisions of Waivers or Reductions. The City shall approve the requested waiver or reduction, unless the City makes a written finding, based upon substantial evidence, of either of the following:
[Source: NEW]
1. The waiver or reduction would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment, or on any real property that is listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low-income and moderate-income households. [Source: NEW]
2. The waiver or reduction is contrary to State or Federal law. [Source: NEW] 761
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54 17.42.090 Reduced Parking Requirements
A. Applicability. This Section applies to a development that meets the requirements of Section
17.42.020 (Eligibility and Requirements), and Section 17.42.040 (Continued Affordability), but only at the request of the applicant. An applicant may request additional parking incentives or concessions beyond those provided in this Section in compliance with Section 17.42.050 (Allowed Concessions and Incentives) above through either a modification, variance, or other modification process approved by the Director. A request in compliance with this Section shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled as established in Section 17.42.050 (Allowed Concessions or Incentives). [Source: NEW] B. Maximum Parking Requirements. At the request of the applicant, the City shall not require more than the parking ratios established in Table 17.42-6 (Maximum Parking Requirements) for a density bonus project, inclusive of parking for persons with disabilities and guest parking. [Source: NEW] Table 17.42-6
Maximum Parking Requirements
Dwelling Type/Number of Bedrooms Parking Spaces
Studio 1
1 Bedroom 1
2 Bedroom 1.5
3 Bedroom 1.5
4+ Bedroom 2.5
C. Special Parking Requirements. At the request of the applicant, the City shall allow reduced parking ratios (inclusive of parking for persons with disabilities and guest parking) for the project types established in Table 17.42-7 (Special Parking Requirements). [Source: NEW] Table 17.42-7
Special Parking Requirements
Project Type Parking Spaces
(spaces per unit)
Rental/for sale projects with at least 11 percent very low-income or 20 percent lower-income units, within 1/2 mile of accessible(1) major transit stop.
0.5 Rental projects 100 percent affordable to lower-income, within 1/2 mile of accessible(1) major transit stop.
0 Rental senior(3) projects 100 percent affordable to lower-income, either with paratransit service or within 1/2-half mile of an accessible(1) bus route(2).
0 Rental special needs projects 100 percent affordable to lower-income households, either with paratransit service or within 1/2-half mile of accessible(1) bus route(2). 0 Rental supportive housing developments 100 percent affordable to lower income households 0 (1) Access to major transit stops shall be unobstructed and without natural or constructed impediments. In compliance with Government Code Section 65915, “natural or constructed impediments” includes, but is not limited to, freeways, rivers, mountains, and bodies of water, but does not include residential structures, shopping centers, parking lots, or rails used for transit. (2) Bus routes shall be fixed and operate at least eight times per day. (3) 62 years of age or older in compliance in Civil Code Sections 51.2 and 51.3. 762
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55 D. Parking Study. If the City, or an independent consultant, has conducted an area-wide or citywide parking study in the last seven years, then the City may impose a higher vehicular parking ratio based upon substantial evidence found in the parking study, that includes, but is not limited to, an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market-rate and subsidized developments, and the lower rates of car ownership for low-income and very lowincome individuals, including seniors and special needs individuals. The City shall pay the costs of any new study. The City shall make findings, based on a parking study completed in conformity with this Subsection, supporting the need for the higher parking ratio. [Source: NEW] E. Location of Parking. For purposes of this Section, a development may provide on-site parking through tandem parking or uncovered parking, but not through on-street parking. [Source: NEW] F. Parking Space Calculation. If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. [Source: NEW]
17.42.100 Housing with Childcare Facilities
A. Housing Developments Childcare Facilities. When an applicant proposes to construct a housing development that complies with the resident and project size requirements of Section 18.42.020 (Eligibility and Requirements) of this Chapter and includes as part of that development a childcare facility that will be located on the site of, as part of, or adjacent to the housing development, the City shall grant either an additional density bonus or an additional incentive or concession. [Source:
17.70.070, modified]
1. Bonuses and Incentives. The City shall grant a housing development that includes a childcare facility in compliance with this Section one of the following: [Source: NEW] a. An additional density bonus that is an amount of floor area in square feet of residential space that is equal to or greater than the floor area of the childcare facility; or [Source: NEW]
b. An additional incentive or concession that contributes significantly to the economic feasibility of the construction of the childcare facility. [Source: NEW]
2. Determination of Adequate Childcare Facilities. The City shall not be required to provide a density bonus or concession for a childcare facility in compliance with this Section if it finds, based upon substantial evidence, that the community has adequate childcare facilities. [Source: NEW]
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56 B. Commercial Developments Childcare Facilities. An applicant for a commercial development project, containing at least 50,000 square feet of floor area, may be granted a density bonus when that applicant agrees to set aside at least 2,000 square feet of interior floor area and 3,000 outdoor square footage to be used for a childcare facility, in compliance with Government Code Section 65917.5. [Source: NEW]
1. Bonuses and Incentives. The City shall grant a commercial development that includes a childcare facility in compliance with this Section one of the following: [Source: NEW] a. A maximum of five square feet of floor area for each one square foot of floor area contained in the childcare facility located in an existing childcare facility; or [Source: NEW]
b. A maximum of 10 square feet of floor area for each one square foot of floor area contained in the childcare facility located in a new childcare facility. [Source: NEW]
2. Qualifications Requirements. Childcare facilities shall be subject to the following. a. For purposes of calculating the allowable density bonus under this Subsection, both the total area contained within the exterior walls of the childcare facility and all outdoor areas devoted to the use of the facility in compliance with applicable State childcare licensing requirements shall be considered. [Source: NEW] b. The childcare facility shall be of a sufficient size to comply with all applicable State licensing requirements to accommodate at least 40 children. [Source: NEW] c. This facility may be located either on the project site or may be located off-site as agreed upon by the applicant and the City. [Source: NEW] d. If the childcare facility is not located on the site of the development project, the City shall determine whether the location of the facility is appropriate and whether it complies with the purpose and intent of this Section. [Source: NEW] e. The granting of a density bonus shall not preclude the City from imposing necessary conditions on the development project or on the additional square footage in compliance with Government Code Section 65917.5. [Source: NEW] 764
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57 17.42.110 Application and Review
A. Application. An application for a density bonus or donation of land for housing shall be filed and processed in compliance with this Chapter as part of entitlement application. Approval of density bonus shall be determined by the Planning Commission consistent with noticing and review process. If desired, a request for specific incentives or concessions, listed in Section 17.42.050 (Allowed Incentives or Concessions), may be filed in compliance with Government Code Section 65915. [Source: NEW]
B. Determination. Within 30 days of filing the application, the Director shall notify the applicant in writing whether the application is complete and provide the applicant a determination as to:
[Source: NEW]
1. The amount of the density bonus for which the project is eligible;
2. The parking ratio for which the project is eligible, if requested; and
3. Whether the applicant has provided enough information for the City to make a determination as to the requested incentives or concessions, if incentives or concessions are requested.
17.42.120 Density Bonus Housing Agreement
A. Agreement Required. An applicant requesting a density bonus shall agree to enter into a density bonus agreement (referred to as the "agreement") with the City in the City's standard form of agreement. [Source: NEW]
B. Agreement Provisions. Density bonus request shall comply with the following agreement provisions.
1. Project Information. The agreement shall include at least the following information about the project: [Source: NEW]
a. The total number of dwelling units approved for the housing development, including the number of designated dwelling units; [Source: NEW] b. A description of the household income group to be accommodated by the housing development, and the standards and methodology for determining the corresponding affordable rent or affordable sales price and housing cost consistent with the United States Department of Housing and Urban Development Guidelines; [Source: NEW]
c. The marketing plan for the affordable dwelling units; [Source: NEW] 765
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58 d. The location, size (square feet), and number of bedrooms of the designated dwelling units; [Source: NEW]
e. Tenure of the use restrictions for designated dwelling units of the time periods required by Section 17.42.040 (Continued Affordability); [Source: NEW] f. A schedule for completion and occupancy of the designated dwelling units; [Source: NEW]
g. A description of the additional incentives and concessions being provided by the City; [Source: NEW]
h. A description of the remedies for breach of the agreement by the owners, developers, and/or successors-in-interest of the project; and [Source: NEW] i. Other provisions to ensure successful implementation and compliance with this Chapter. [Source: NEW]
2. Minimum Requirements. The agreement shall provide, at minimum, that: [Source: NEW] a. The developer shall give the City the continuing right-of-first-refusal to lease or purchase any or all the designated dwelling units at the appraised value; [Source:
NEW]
b. The deeds to the designated dwelling units shall contain a covenant stating that the developer or successors-in-interest shall not assign, lease, rent, sell, sublet, or otherwise transfer any interests for designated units without the written approval of the City; [Source: NEW]
c. When providing the written approval, the City shall confirm that the price (rent or sale) of the designated dwelling unit is consistent with the limits established for low- and very low-income households, as published by the United States Department of Housing and Urban Development; [Source: NEW] d. The City shall have the authority to enter into other agreements with the developer, or purchasers of the designated dwelling units, to ensure that the required dwelling units are continuously occupied by eligible households; [Source:
NEW]
e. Applicable deed restrictions, in a form satisfactory to the City Attorney, shall contain provisions for the enforcement of owner or developer compliance. Any default or failure to comply may result in foreclosure, specific performance, or withdrawal of the Certificate of Occupancy; [Source: NEW] 766
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59 f. In any action taken to enforce compliance with the deed restrictions, the City Attorney shall, if compliance is ordered by a court of competent jurisdiction, take all action that may be allowed by law to recover all the City's costs of action including legal services; and [Source: NEW]
g. Compliance with the agreement will be monitored and enforced in compliance with the measures included in the agreement. [Source: NEW] C. Conditions by Project Type. Conditions for density bonus request shall comply with the following.
1. For-Sale Housing. In the case of a for-sale housing development, the agreement shall provide for the following conditions governing the initial sale and use of designated dwelling units during the applicable restriction period: [Source: NEW] a. Designated dwelling units shall be owner-occupied by eligible households, or by qualified residents in the case of senior housing; and [Source: NEW] b. The initial purchaser of each designated dwelling unit shall execute an instrument or agreement approved by the City which: [Source: NEW]
i. Restricts the sale of the unit in compliance with this Chapter, or other applicable City policy or ordinance, during the applicable use restriction period; [Source: NEW]
ii. Contains provisions as the City may require ensuring continued compliance with this Chapter and State law; and [Source: NEW] iii. Shall be recorded against the parcel containing the designated dwelling unit. [Source: NEW]
2. Rental Housing. In the case of a rental housing development, the agreement shall provide for the following conditions governing the use of designated dwelling units during the applicable restriction period: [Source: NEW]
a. The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining the designated dwelling units for qualified tenants; [Source: NEW]
b. Provisions requiring owners to annually verify tenant incomes and maintain books and records to demonstrate compliance with this Chapter; [Source: NEW] c. Provisions requiring owners to submit an annual report to the City, which includes the name, address, and income of each person occupying the designated dwelling units, and which identifies the bedroom size and monthly rent or cost of each unit; and [Source: NEW]
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60 d. The applicable use restriction period shall comply with the time limits for continued availability in Section 17.42.040 (Continued Affordability). [Source:
NEW]
3. Moderate-Income Housing. In the case of affordable units for moderate-income households, the density bonus housing agreement shall provide for the following requirements: [Source: NEW]
a. The initial sale of each affordable unit shall be to a household that meets the income requirement for the affordable unit. [Source: NEW] b. When the initial purchaser sells the unit, the initial purchaser shall retain the value of any improvements, the down payment, and the value of the unit's appreciation, less the City's share of the appreciation. [Source: NEW] c. When the initial purchaser sells the unit, the City shall receive a share of the unit's appreciation equal to the percentage by which the initial sale price to the moderate-income household was less than the fair market value of the home at the time of initial sale. The City shall use this share of appreciation for any of the purposes established in Health and Safety Code Section 33334.2(e). [Source: NEW]
4. Childcare Facility. In the case of childcare facilities for which a density bonus or additional incentive is being granted, the density bonus housing agreement shall provide for the following requirements: [Source: NEW]
a. Operating duration requirements for the childcare facility, such that the childcare facility shall remain in operation for as long as or longer than the period during which the density bonus units are required to remain affordable. [Source: NEW] b. Provisions requiring that for children who attend the childcare facility, the percentage of children from the income group associated with the development's affordable units shall be equal to or greater than the minimum percentage of affordable units that shall be provided for that income group to receive a density to the requirements of this section. [Source: NEW]
D. Agreement Execution. Agreements shall be executed as follows.
1. Following the Council’s approval of the agreement, and execution of the agreement by all parties, the City shall record the completed agreement on the parcels designated for the construction of designated dwelling units. [Source: NEW]
2. The approval of the agreement shall take place at the same time as the approval of any required final map or, where a map is not being processed before the issuance of Building Permits for the project. Recordation of the agreement shall take place as soon as possible 768
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61 after the approval of any required final map or, where a map is not being processed before the issuance of any Building Permit for the project. [Source: NEW]
3. The agreement shall be binding on all future owners, developers, and/or successors-ininterest. [Source: NEW] 769
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64 Chapter 17.44 Marijuana Cultivation and Dispensaries
17.44.010 Purpose and Intent
The purpose of this Chapter is to expressly prohibit the cultivation of marijuana and marijuana dispensaries in all zones to protect the public peace, health, safety, and general welfare of the City’s citizens except as authorized under Chapter 8.28. [Source: 17.96.010, modified]
17.44.020 Findings
A. The Council hereby finds that the cultivation of marijuana significantly impacts, or has the potential to significantly impact, the City. These impacts include damage to structures in which cultivation occurs, including improper and dangerous electrical alterations and use, inadequate ventilation, increased occurrences of home-invasion robberies, and similar crimes and nuisance impacts to neighboring properties from the strong and potentially noxious odors from the plants, and increased crime. [Source: 17.96.020.A]
B. According to the Chief of Police, marijuana grows have been operating in the surrounding cities and the County of Fresno for several years and have been the subject of armed robberies with shots fired, incidents with juveniles and young adults, trespass, theft, and arrests for violation of both State and Federal laws, including seizure of illegal firearms. There has been some cultivation within the City and cultivation is likely to increase as surrounding cities and the County of Fresno have banned or are banning cultivation. Marijuana cultivation attracts crime and associated violence and is harmful to the safety and welfare of the City and its residents and constitutes a public nuisance. [Source: 17.96.020.B]
C. Marijuana cultivation in the City poses a threat to the public peace, health and safety. Many marijuana grows have emerged in the City which are very visible to the public, and easily accessible to the public, including children and youths. There is a threat of violent crime due to the size, location, and monetary value of these mature marijuana grows. [Source: 17.96.020.C] D. It is acknowledged that the voters of the state of California have provided a limited criminal defense to the cultivation, possession, and use of marijuana for medical purposes through the adoption of the Compassionate Use Act in 1996 in compliance with Proposition 215 and codified as Health and Safety Code Section 11362.5. The Compassionate Use Act (CUA) does not address the land use or other impacts that are caused by the cultivation of marijuana. [Source: 17.96.020.D] 772
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65 E. The CUA is limited in scope, in that it only provides a defense from criminal prosecution for possession and cultivation of marijuana to qualified patients and their primary caregivers. The scope of the Medical Marijuana Program Act (MMPA), commencing with Health and Safety Code Section 11362.7, is also limited in that it establishes a statewide identification program and affords qualified patients, persons with identification cards and their primary caregivers, an affirmative defense to certain enumerated criminal sanctions that would otherwise apply to transporting, processing, administering, or distributing marijuana. [Source: 17.96.020.E] F. Neither the CUA and MMPA nor the California Constitution creates a right to cultivate medical marijuana. [Source: 17.96.020.F]
It is critical to note the CUA and MMPA do not abrogate the City to regulate for public health, safety, and welfare. Health and Safety Code Section 11362.5(b)(2) provides that the CUA does not supersede any legislation intended to prohibit conduct that endangers others. In addition, Health and Safety Code Section 11352.83 authorizes cities and counties to adopt and enforce rules and regulations consistent with MMPA. [Source: 17.96.020.G]
G. The Council finds that neither the CUA nor the MMPA preempts the City’s exercise of its traditional police powers in enacting land use and zoning regulations, as well as legislation for preservation of public health, safety, and welfare, such as this Zoning Code prohibiting marijuana cultivation and dispensaries in all zones. [Source: 17.96.020.H]
H. Marijuana remains an illegal substance under the Federal Controlled Substances Act, 21 U.S.C. 801 et seq., and is classified as a "Schedule I Drug," which is defined as a drug or other substance that has a high potential for abuse, that has no currently accepted medical use in treatment in the United States, and that has not been accepted as safe for its use under medical supervision.
Furthermore, the Federal Controlled Substances Act makes it unlawful for any person to cultivate, manufacture, distribute, dispense, or possess with intent to manufacture, distribute, or dispense marijuana. The Controlled Substances Act contains no statutory exemption for the possession of marijuana for medical purposes. The City does not wish to be in violation of Federal law. [Source:
17.96.020.I]
I. In 2013, the California Supreme Court confirmed that cities have the authority to ban medical marijuana land uses (City of Riverside v. Inland Empire Patients Health and Wellness Center (2013) 56 Cal. 4th 729). [Source: 17.96.020.J]
J. Under the Federal Controlled Substances Act, codified in 21 U.S.C. Section 801 et seq., the use, possession, and cultivation of marijuana are unlawful and subject to Federal prosecution without regard to a claimed medical need. [Source: 17.96.020.K] 773
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66 K. On October 9, 2015, Governor Jerry Brown signed into law three bills--AB 243, AB 266 and SB 643- -which together form the Medical Marijuana Regulation and Safety Act ("MMRSA"). The MMRSA, which became effective January 1, 2016, creates a comprehensive State licensing system for the commercial cultivation, manufacture, retail sale, transport, distribution, delivery, and testing of medical cannabis. [Source: 17.96.020.L]
L. In addition to creating these State controls, the MMRSA preserves the City’s authority to prohibit, regulate and/or license medicinal marijuana uses within its jurisdiction, as it expressly provides in the MMRSA. (Business and Professions Code Sections 19315(a), 19316, and 19316(c).) [Source:
17.96.020.M]
M. The MMRSA further expressly allows local governments to enact ordinances expressing their intent to prohibit the cultivation of marijuana and their intent not to administer a conditional permit program pursuant to Health and Safety Code Section 11362.777 for the cultivation of marijuana (Health and Safety Code Section 11362.777(c)(4)). [Source: 17.96.020.N] N. The MMRSA requires a local government that wishes to prevent marijuana delivery activity, as defined in Business and Professions Code Section 19300.5(m), from operating within the local government’s boundaries to enact an ordinance affirmatively banning such delivery activity (Business and Professions Code Section 19340(a)). [Source: 17.96.020.O] O. Under the dual licensing system created by the Act, before any kind of medical marijuana license is issued by the State, the applicant must have obtained the necessary local license and/or permit for the requested marijuana-related use. [Source: 17.96.020.P] P. In compliance with the statutes created by the Act, local jurisdictions that adopt a ban on medicinal marijuana dispensaries and/or cultivation will effectively have a veto over whether a State license for the locally regulated activities can be issued (Business and Professions Code Sections 19312 and 19320(b); Health and Safety Code Section 11362.777(b)(1)). [Source: 17.96.020.Q] Q. The City hereby reaffirms and confirms that the City’s Zoning Code is adopted and operates under the principles of permissive zoning, meaning that any land use not specifically authorized or identified in the Zoning Code is prohibited. California Health and Safety Code Section 11362.777(b)(3) expressly provides that the Department of Food and Agriculture may not issue a State license to cultivate medical marijuana within a City that prohibits cultivation under the principles of permissive zoning. Notwithstanding this, and without waiving any rights pursuant to its permissive zoning, the adoption of prohibitions of marijuana cultivation and dispensaries is in the interest of the City. [Source: 17.96.020.R]
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67 R. Several California cities have reported negative impacts of marijuana cultivation, processing, and delivery and/or distribution activities, including but not limited to offensive odors, the illegal sale and distribution of marijuana, and public health concerns including fire hazards and problems associated with mold, fungus, and pests. [Source: 17.96.020.S] S. Due to the value of marijuana plants and their strong smell (which alerts others to their locations), marijuana cultivation creates an increased risk to public safety and/or an "attractive nuisance." [Source: 17.96.020.T]
T. The indoor cultivation of marijuana has potential adverse effects to the structural integrity of the structures in which it is cultivated, and the use of high wattage grow lights and excessive use of electricity increases the risk of fire, which presents a clear and present danger to the structure and its occupants. [Source: 17.96.020.U]
U. The Attorney General’s August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use recognizes that the cultivation or other concentration of marijuana in any location or premises without adequate security increases the risk that nearby homes or businesses may be negatively impacted by nuisance activity such as loitering or crime. [Source: 17.96.020.V] V. Based on the experiences of other cities, the foregoing negative effects on the public health, safety, and welfare would be likely to occur in the City due to marijuana cultivation and dispensaries and their associated activities. [Source: 17.96.020.W]
W. The council held a public hearing on February 17, 2016, and duly considered staff reports, Commission recommendations, and public comments. [Source: 17.96.020.X] X. The City has a compelling interest in protecting the public health, safety, and welfare of its residents and businesses and in preserving the peace and quiet of the neighborhoods in which marijuana is currently grown. [Source: 17.96.020.Y]
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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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
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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]
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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] 790
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17.48.010 Reserved
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Chapter 17.50
Alcohol Beverage Sales Uses
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Chapter 17.50 Alcohol Beverage Sales Uses
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. 796
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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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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...................................................... 10 800
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General Nonconforming
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Chapter 17.60 General Nonconforming Provisions
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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Final Draft – March 2024
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] 806
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Nonconforming Parcels
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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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Legal Nonconforming Uses
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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] 811
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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 ............................................................................. 13 813
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ii
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 ................................................................................................... 30 814
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iii
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............................................................................................................................... 46 815
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iv
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 ........................................................................................................... 59 816
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v
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............................................................................................ 66 817
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General Provisions
819
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2 Chapter 17.70 General Provisions
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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Final Draft – March 2024
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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Chapter 17.72
Application Processing
Procedures
823
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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. 824
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Final Draft – March 2024
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
827
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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]
828
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Chapter 17.76
Reasonable Accommodation
829
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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] 830
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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] 831
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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] 832
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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] 833
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Chapter 17.78
Home Occupation Permit
835
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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] 836
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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] 837
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Section 6, Item A.
Chapter 17.80
Site Plan Review Permit
839
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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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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] 841
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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. 842
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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] 843
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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]
844
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Administrative Use Permit
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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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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] 847
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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] 848
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Chapter 17.84
Conditional Use Permit
849
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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] 851
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] 853
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Section 6, Item A.
Chapter 17.86
Temporary Use Permit
855
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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]
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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] 857
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]
858
Section 6, Item A.
Chapter 17.88
Variance Permit
859
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] 860
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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] 861
Section 6, Item A.
Chapter 17.88 Variance Permit
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862
Section 6, Item A.
Chapter 17.90
Minor Deviation Permit
863
Section 6, Item A.
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]
864
Section 6, Item A.
Chapter 17.92
Development Agreements
865
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,
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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] 867
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]
868
Section 6, Item A.
Chapter 17.94
Permit Amendment, Modification,
and Revocation
869
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] 871
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] 872
Section 6, Item A.
Chapter 17.96
Development Plan Review
Permit
873
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] 874
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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]
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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] 876
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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]
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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]
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Chapter 17.96 Development Plan Review Permit
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Section 6, Item A.
Chapter 17.98
California Environmental Quality
Act (CEQA) Procedures
881
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.
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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.
883
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. 884
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................................................................................. 8 885
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..................................................................................................................................... 19 886
Section 6, Item A.
Chapter 17.110
Administrative Responsiblity
887
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] 888
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]
889
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
890
Section 6, Item A.
Chapter 17.112
Amendments and Rezones
891
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]
892
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] 893
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]
894
Section 6, Item A.
Chapter 17.114
Appeals
895
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.
896
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] 897
Section 6, Item A.
Chapter 17.114 Appeals
12 This page intentionally left blank.
898
Section 6, Item A.
Chapter 17.116
Public Notices and Hearings
899
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] 900
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] 901
Section 6, Item A.
Chapter 17.116 Public Notices and Hearings
16 This page intentionally left blank.
902
Section 6, Item A.
Chapter 17.118
Enforcement and Violations
903
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]
904
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] 905
Section 6, Item A.
This page intentionally left blank.
906
Section 6, Item A.
17 – Zoning Code
Article 8 – Definitions
FINAL DRAFT
March 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......................................................................................................................... 32 907
Section 6, Item A.
Article 8 – Definitions City of Kerman Zoning Code
Final Draft – March 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......................................................................................................................... 50
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......................................................................................................................... 56 908
Section 6, Item A.
Chapter 17.120
Definitions
909
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] 910
Section 6, Item A.
Article 8 – Definitions Chapter 17.120
Final Draft – March 2024
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. 911
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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 916
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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] 917
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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] 919
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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] 923
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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] 924
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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. 926
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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] 927
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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] 928
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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] 929
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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] 930
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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] 931
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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 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.
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] 935
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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 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, 937
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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] 938
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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] 939
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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] 941
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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, 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. 948
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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
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42 • Hardware • Stationery
• Hobby materials • Toys and games
• Jewelry • Travel services
• Thrift Store
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.
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.
2. Kits intended for use or designed for use in manufacturing, compounding, converting, producing, processing, or preparing tobacco.
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43 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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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] 954
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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, 955
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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. 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 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] 958
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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 Shop. See “Retail Sales, General”. [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] 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] 959
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52 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]
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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]
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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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Section 6, Item A.
STAFF REPORT
MEETING DATE: April 24, 2024
PRESENTER: Jesus R. Orozco, Community Development Director SUBJECT: Public Hearing – Ordinance Text Amendment 2024-02 repealing Chapters 15.28 and
15.32 from Title 15 of the Kerman Municipal Code (JRO)
RECOMMENDATION: City Council conduct a public hearing, waive full reading, and introduce Ordinance Text Amendment 2024-02 repealing Chapter 15.28 relating to Mobile Home Parks and Chapter 15.32 relating to Environmental Quality Protection Procedures from Title 15 of the Kerman Municipal Code.
EXECUTIVE SUMMARY:
Ordinance Text Amendment 2024-02 will repeal Chapters 15.28 and 15.32 from Title 15 of the Kerman Municipal Code. Said chapters have been revised and incorporated into the appropriate chapters of the new Zoning Code.
Chapter 15.28: Mobile Home Parks
Chapter 15.28 relating to Mobile Homes Parks has been revised and incorporated into Section
17.40.050 of the new Zoning Code. Physical construction of mobile home parks is regulated by the State of California and therefore any building permit provisions for mobile homes within Title 15 no longer apply. The provisions within the new Zoning Code are specific to land use and development of mobile home parks consistent with State housing law. As a result of the aforementioned, Chapter 15.28 is obsolete and must be repealed.
Chapter 15.32: Environmental Quality Protection Procedures Chapter 15.32 relating to Environmental Quality Protection Procedures has been revised and incorporated into Chapter 17.98 of the new Zoning Code. Environmental procedures commonly referred to as the California Environmental Quality Act or “CEQA” are specific to land use and development. As a result of the aforementioned, Chapter 15.32 is obsolete and must be repealed.
ENVIRONMENTAL REVIEW:
A preliminary environmental assessment has been performed for this project (OTA 2024-02) pursuant to the California Environmental and Quality Act (CEQA). There are findings to determine with certainty that, pursuant to CEQA Guidelines Section 15061(b) (3), there is no possibility that this project may have a significant, adverse, impact on the environment. This is because this project involves purely procedural policies with no impact on the environment.
Therefore, this project is not subject to CEQA.
965
Section 6, Item B.
ALTERNATIVE ACTION:
Council may move to continue the public hearing on OTA 2024-02 to a later meeting with direction to Staff.
FISCAL IMPACT:
Costs associated with publication and public hearing notices have been accounted for as part of the Department’s annual budget.
ATTACHMENTS:
A. Ordinance for OTA 2024-02
966
Section 6, Item B.
Attachment ‘A’
ORDINANCE NO. 24-_______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KERMAN REPEALING CHAPTER 15.28 RELATING TO MOBILE HOME PARKS AND CHAPTER 15.32
RELATING TO ENVIRONMENTAL QUALITY PROTECTION PROCEDURES FROM TITLE 15 OF THE KERMAN MUNICIPAL CODE
The City Council of the City of Kerman does ordain as follows:
SECTION 1. Chapter 15.28 of Title 15 of the Kerman Municipal Code relating to Mobile Home Parks is hereby repealed.
SECTION 2. Chapter 15.32 of Title 15 of the Kerman Municipal Code relating to Environmental Quality Protection Procedures is hereby repealed.
SECTION 3. CEQA. A preliminary environmental assessment has been performed for this project pursuant the California Environmental and Quality Act (CEQA). The City Council finds and determines with certainty that, pursuant to CEQA Guidelines Section 15061(b)(3), there is no possibility that this project may have a significant, adverse, impact on the environment. This is because this project involves purely procedural policies with no impacts on the environment.
Therefore, this project is not subject to CEQA.
SECTION 4. Severability. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.
SECTION 5. Publication. This ordinance shall be published in accordance with the provisions of Government Code Section 36933.
SECTION 6. Effective Date. This ordinance shall become effective thirty (30) days after the date of adoption.
**********
967
Section 6, Item B.
The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Kerman on the 24th day of April 2024, and was passed and adopted at a regular meeting of the City Council of the City of Kerman on the ____ day of ______2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
The foregoing ordinance is hereby approved.
Maria Pacheco
Mayor
Attest:
___________________
Josie Camacho
Interim City Clerk
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Section 6, Item B.
STAFF REPORT
MEETING DATE: April 28, 2024
PRESENTER: Josefina Alvarez, Finance Director
SUBJECT: Presentation of the City of Kerman 2022/2023 Auditor’s Report and Financial Statements (JA)
RECOMMENDATION: Council accept the City of Kerman 2022/2023 Auditor’s Report and Financial Statements as presented.
EXECUTIVE SUMMARY:
The City’s independent auditor, Bryant L. Jolley, CPA has completed and submitted the audited financial statements for the year ended June 30, 2023. The purpose of the audit is to determine that the financial statements are free of material misstatement and are fairly presented in accordance with the Generally Accepted Accounting Principles (GAAP) in the United States. A copy of the audited financial statements was enclosed with your agenda. Ryan P. Jolley will present the audited financial statements to the City Council.
Staff is pleased to report that the audited financial statements do not contain any negative notes or audit findings raised by the auditors. Below are some highlights, additional information can be found on page 4 through 12 of the audited financial statements.
Government-wide the City’s net position increased by $11,100,976 over Fiscal Year ending June 30, 2022.
Government Wide (Government and Proprietary Funds) Statement of Revenues, Expenses and Changes in Net Position
2022 2023
Operating Revenues $ 22,593,937 $ 28,940,036
Operating Expenses 15,179,941 17,839,060
Increase in Net Position 7,413,996 11,100,976
Net Position, Beginning of Year 56,607,084 64,021,080
Net Position, End of Year $ 64,021,080 $ 75,122,056
Government-wide operating revenues for 2023 increased by $6,346,099 and operating expenses increased by $2,659,119 for a change in Net Position of $11,100,976 for Fiscal Year ending 2023 (page 5).
969
Section 7, Item A.
Governemnt-wide cash and investments is $32,107,199, which is an increase of $9,395,573 compared to June 30, 2022 (page 22).
The General Fund has a Reserve Balance of $13,901,779 as of June 30, 2023. This is an increase of $3,705,542 or 26.66%.
The chart below illustrates the General Fund Growth Reserves for five fiscal years.
The City Council adopted a reserve policy by resolution on September 17, 2014, for the purpose of establishing a target and minimum level of unreserved fund balance in the General Fund to protect against unanticipated circumstances and events resulting in revenue shortfalls or unexpected expenditures.
Reserve Category Purpose Minimum Reserve
Emergency Reserve Cover an emergency, unanticipated
expense or cash flow needs
22% of operating expenditures or
$1,897,652
Revenue Stability Reserve Cover any unanticipated drop in sales or property tax revenues
13% of operating expenditures or
$1,138,591
Major Asset Repair and
Replacement Reserve
Cover any repairs and replacement
of major facilities and equipment
13% for repairs and 9% for
replacement of operating
expenditures or $1,138,591
Undesignated Reserve Cover any discretionary
expenditures approved by the
Council
Any amount remaining after
meeting minimum reserves or
$9,726,945
The Change in Fund Net Position for the Proprietary Funds increased a net of $4,442,001 (before transfers) with water at $3,986,950, sewer at $334,379, disposal at $185,537 and storm drain at (minus) -$64,865 and $4,380,851 (with transfers) with water at $4,135,606, sewer at $235,549, disposal at $93,144 and storm drain at (minus) -$83,448 (page 11). 619,343.00
2,234,316.00
1,749,550.00
1,785,768.00
3,705,542.00
2019 2020 2021 2022 2023
General Fund Growth/Decrease for 5
Fiscal Years
970
Section 7, Item A.
FISCAL IMPACT:
The presentation of the City of Kerman 2022/2023 Audited Financial Statements does not have a financial impact on the City, but it does report the results from operations in the Fiscal Year 2022/2023, with an increase of $3,705,542 or 26.66% of General Fund Reserves.
ATTACHMENTS:
A. Auditor’s Report and Financial Statements
B. Management Report
971
Section 7, Item A.
CITY OF KERMAN
INDEPENDENT AUDITOR’S REPORT
AND
FINANCIAL STATEMENTS
JUNE 30, 2023
'ATTACHMENT A'
972
Section 7, Item A.
TABLE OF CONTENTS
Page
INDEPENDENT AUDITOR’S REPORT 1 – 3
BASIC FINANCIAL STATEMENTS:
Government-Wide Financial Statements
Statement of Net Position 4
Statement of Activities 5
Fund Financial Statements
Balance Sheet – Governmental Funds 6
Reconciliation of Total Governmental Fund Balance to
Net Position of Governmental Activities 7
Statement of Revenue, Expenditures and Changes in
Fund Balance – Governmental Funds 8
Reconciliation of Statement of Revenue, Expenditures
and Changes in Fund Balance of Governmental Funds
to the Statement of Activities 9
Statement of Net Position – Proprietary Funds 10
Statement of Revenue, Expenses and Changes in Fund Net
Position - Proprietary Funds 11
Statement of Cash Flows – Proprietary Funds 12
Statement of Fiduciary Net Position 13
Statement of Changes to Fiduciary Net Position 14
Notes to Basic Financial Statements 15 – 41
973
Section 7, Item A.
TABLE OF CONTENTS (Continued)
Page
Required Supplementary Information
Budgetary Comparison Schedule – General Fund 42
Budgetary Comparison Schedule – Street Maintenance and Construction Fund 43 Budgetary Comparison Schedule – Street Projects & Development Fund 44 Schedule of the City’s Proportionate Share of Net Pension Liability 45 Schedule of Contributions 46
Supplemental Only Information
Combining Balance Sheet – Nonmajor Governmental Funds 47 – 49 Combining Statement of Revenue, Expenditures and
Changes in Fund Balance – Nonmajor Governmental Funds 50 – 52 INDEPENDENT AUDITOR’S REPORT ON INTERNAL CONTROL
OVER FINANCIAL REPORTING AND ON COMPLIANCE AND
OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS 53 – 54 INDEPENDENT AUDITOR’S REPORT ON COMPLIANCE FOR
EACH MAJOR PROGRAM AND ON INTERNAL CONTROL OVER
COMPLIANCE REQUIRED BY UNIFORM GUIDANCE 55 – 57
Schedule of Expenditures of Federal Awards 58 57
Notes to Schedule of Expenditures of Federal Awards 59
Schedule of Findings and Questioned Costs 60
Summary Schedule of Prior Audit Findings 61
974
Section 7, Item A.
BRYANT L. JOLLEY
CERTIFIED PUBLIC ACCOUNTANTS Bryant L. Jolley, C.P.A.
Ryan P. Jolley C.P.A.
Darryl L. Smith C.P.A.
Luis A. Perez C.P.A.
Lan T. Kimoto
INDEPENDENT AUDITOR’S REPORT
To the Honorable Mayor and City Council
City of Kerman, California
Report on the Audit of the Financial Statements
Opinions
We have audited the accompanying financial statements of the governmental activities, the business-type activities, , each major fund, and the aggregate remaining fund information of the City of Kerman (the “City”), California as of and for the year ended June 30, 2023, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements as listed in the table of contents.
In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City, as of June 30, 2023, and the respective changes in financial position, and, where applicable, cash flows thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America.
Basis for Opinions
We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Our responsibilities under those standards are further described in the Auditor’s Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions.
Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.
In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the City’s ability to continue as a going concern for twelve months beyond the financial statement date, including any currently known information that may raise substantial doubt shortly thereafter.
Auditor’s Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinions. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards and Government Auditing Standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements. 975
Section 7, Item A.
2 In performing an audit in accordance with generally accepted auditing standards and Government Auditing Standards, we:
Exercise professional judgment and maintain professional skepticism throughout the audit. Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, no such opinion is expressed. Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements.
Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about the City’s ability to continue as a going concern for a reasonable period of time.
We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control-related matters that we identified during the audit.
Required Supplementary Information
Management has omitted management’s discussion and analysis that accounting principles generally accepted in the United States of America require to be presented to supplement the basic financial statements. Such missing information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. Our opinions on the basic financial statements are not affected by this missing information.
Accounting principles generally accepted in the United States of America require that the budgetary comparison information on pages 42-44, the schedule of the City’s proportionate share of net pension liability on page 45, and the schedule of contributions on pages 46 be presented to supplement the basic financial statements. Such information is the responsibility of management and, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance.
Supplementary Information
Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City’s basic financial statements. The combining and individual nonmajor fund financial statements and schedule of expenditures of federal awards, as required by Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, are presented for purposes of additional analysis and are not a required part of the basic 976
Section 7, Item A.
3 financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. The information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the combining and individual nonmajor fund financial statements and the schedule of expenditures of federal awards are fairly stated, in all material respects, in relation to the basic financial statements as a whole.
Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated March 25, 2024 on our consideration of the City’s internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City’s internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering City’s internal control over financial reporting and compliance.
March 25, 2024
977
Section 7, Item A.
See accompanying notes. 4
CITY OF KERMAN
STATEMENT OF NET POSITION
JUNE 30, 2023
Governmental Business-Type
Activities Activities Total
ASSETS
Cash and investments 19,870,398 $ 11,704,751 $ 31,575,149 $ Accounts receivable, net 157,675 592,075 749,750
Taxes receivable 1,774,305 - 1,774,305
Due from other governments 1,948,590 - 1,948,590
Interest receivable 107,673 - 107,673
Lease receivable 653,761 - 653,761
Internal balances (199,704) 199,704 -
Capital assets, net of allowance
for depreciation 34,012,933 16,672,263 50,685,196
Total assets 29,168,793 58,325,631 87,494,424
DEFERRED OUTFLOWS OF RESOURCES 413,449 2,508,893 2,922,342 Total deferred outflows of resources 413,449 2,508,893 2,922,342
LIABILITIES
Accounts payable and accrued expense 1,566,213 620,054 2,186,267 Accrued interest payable 17,377 17,779 35,156
Deposits payable 12,400 132,620 145,020
Unearned revenues 3,378 - 3,378
Long-term liabilities
Due within one year 173,000 418,037 591,037
Due in more than one year 2,836,000 2,777,541 5,613,541 Compensated absences 484,525 129,145 613,670
Net pension liability 754,257 4,348,354 5,102,611
Total liabilities 4,849,433 9,441,247 14,290,680
DEFERRED INFLOWS OF RESOURCES 63,047 940,983 1,004,030
Total deferred inflows of resources 63,047 940,983 1,004,030
NET POSITION
Net investment in capital assets 31,003,933 13,476,685 44,480,618 Restricted for specific projects and programs 8,890,698 - 8,890,698 Restricted for capital improvements - 3,597,088 3,597,088 Unrestricted 10,557,663 7,595,989 18,153,652
Total net position $ 24,669,762 50,452,294 $ 75,122,056 $ 978
Section 7, Item A.
See accompanying notes. 5
CITY OF KERMANSTATEMENT OF ACTIVITIES YEAR ENDED JUNE 30, 2023 Operating Capital
Charges for Grants and Grants and Governmental Business-Type Expense Services Contributions Contributions Activities Activities Total Primary Government
Governmental activities
General government 2,166,126 $ - $ 143,388 $ - $ (2,022,738) $ - $ (2,022,738) $ Public works 2,909,447 - 1,961,381 263,142 (684,924) - (684,924) Community development 737,750 605,738 10,800 1,570,214 1,449,002 - 1,449,002 Social services 1,010,349 40,802 76,249 - (893,298) - (893,298) Public safety 4,510,739 257,081 2,221,718 - (2,031,940) - (2,031,940) Debt Service
Interest and fiscal charges - 56,216 - - (56,216) - (56,216) Total governmental activities 903,621 11,390,627 4,413,536 1,833,356 (4,240,114) - (4,240,114) Business-type activities
Water 2,066,040 2,849,343 - 397,774 - 1,181,077 1,181,077Sewer 2,207,161 1,989,484 - 504,331 - 286,654 286,654Disposal 1,955,210 2,084,661 5,000 - - 134,451 134,451Storm Drain 84,638 220,022 - 64,063 - (71,321) (71,321) Total business-type activities 7,008,126 6,448,433 5,000 966,168 - 1,530,861 1,530,861 Total primary government $ 7,911,747 17,839,060 $ 4,418,536 $ 2,799,524 $ (4,240,114) 1,530,861 (2,709,253) General Revenue
Property taxes - 3,331,004 3,331,004Special assessments - 355,159 355,159Sales taxes - 6,102,938 6,102,938Franchise and other taxes - 177,341 177,341Business licenses - 93,766 93,766Rents 6,567 344,623 351,190Interest income/(unrealized gain on investments) 134,623 168,185 302,808Other 2,819,532 276,491 3,096,023Transfers (61,150) 61,150 - Total general revenue and transfers 10,910,657 2,899,572 13,810,229 Change in Net Position 4,430,433 6,670,543 11,100,976Net Position Beginning of year 20,239,329 43,781,751 64,021,080End of year $ 24,669,762 50,452,294 $ 75,122,056 $ Functions/Programs
Net Revenue/(Expense) and
Program Revenue Changes in Net Position
979
Section 7, Item A.
See accompanying notes. 6
CITY OF KERMAN
BALANCE SHEET – GOVERNMENTAL FUNDS
JUNE 30, 2023
Street Other Total
Maintenance and Street Projects Governmental Governmental General Construction & Development Funds Funds
ASSETS
Cash and investments 11,168,887 $ $ 458,319 3,139,405 $ $ 19,870,398 5,103,787 $ Accounts receivable 21,076 - - - 21,076
Taxes receivable 1,774,305 - - - 1,774,305
Lease receivable 653,761 - - - 653,761
Due from other governments 139,978 - 860,535 1,948,590 948,077 Interest receivable 107,673 - - - 107,673
Due from other funds - 1,173,703 - - 1,173,703
Total assets 3,999,940 15,039,383 458,319 6,051,864 25,549,506
LIABILITIES
Accounts payable and accrued expense 506,464 $ 387,505 344,160 $ 1,518,926 280,797 Due to other funds - - - 628,405 628,405
Deposits and other liabilities - 12,400 - - 12,400
Total liabilities 344,160 522,242 387,505 909,202 2,163,109
DEFERRED INFLOWS OF RESOURCES
Deferred right to use lease revenue - 615,362 - - 615,362 Total deferred inflows of resources - 615,362 - - 615,362
FUND BALANCE
Restricted
Circulation improvements - 3,655,780 - 4,186,335 7,842,115 Development activities - - 70,814 977,769 1,048,583
Committed
Unfunded liability 100,000 - - - 100,000
Emergency reserve 1,897,652 - - - 1,897,652
Revenue stability reserve 1,138,591 - - - 1,138,591
Major asset repair and replacement reserve 1,138,591 - - - 1,138,591 Unassigned - 9,626,945 - (21,442) 9,605,503
Total fund balance 13,901,779 3,655,780 70,814 5,142,662 22,771,035 Total liabilities, deferred inflows of
resources and fund balance 15,039,383 $ 3,999,940 $ 458,319 $ 6,051,864 $ 25,549,506 $ 980
Section 7, Item A.
See accompanying notes. 7
CITY OF KERMAN
RECONCILIATION OF TOTAL GOVERNMENTAL FUND BALANCE TO NET POSITION
OF GOVERNMENTAL ACTIVITIES
JUNE 30, 2023
Total governmental fund balance 22,771,035 $
Amounts reported for governmental activities in the Statement of Net Position are different because:
Capital assets used in governmental activities are not financial resources and, therefore, are not reported in the funds 33,028,369 Net pension liability applicable to governmental activities are not due and payable in the current period and accordingly is not reported in the funds (4,348,354)
Deferred outflows of resources related to net pension liability, represent an consumption of net position or fund balance that applies to a future period(s) and so will not be recognized as an outflow of resources (expense) until that time 2,508,893 Deferred inflows of resources related to net pension liability and lease income, represent an acquisition of net position or fund balance that applies to a future period(s) and so will not be recognized as an inflow of resources (revenue) until that time (325,621) Governmental long-term liabilities are not due and payable in the current period and, therefore, are not reported in the funds (3,009,000) Compensated absences are not due and payable in the current period and therefore are not reported in the funds (484,525) Interest on long-term debt is reported as an expenditure of the Governmental Funds when paid because it requires the use of current financial resources. However, accrued interest must be recorded when incurred (17,377) Internal service funds are used by management to charge the costs of fleet maintenance and computer services to individual funds. The assets and liabilities of the internal service fund are included in governmental activities in the Statement of Net Position. 328,874 Net position of governmental activities $ 50,452,294
981
Section 7, Item A.
See accompanying notes. 8
CITY OF KERMAN
STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE –
GOVERNMENTAL FUNDS
YEAR ENDED JUNE 30, 2023
Street Other Total
Maintenance and Streets Projects Governmental Governmental General Construction & Development Funds Funds
Revenue
Taxes 9,218,980 $ - $ - $ 726,500 $ 9,945,480 $
Licenses, permits and impact fees 798,919 - 153,138 1,463,406 511,349 Intergovernmental 652,435 2,689,721 - 2,248,932 5,591,088 Charges for services 246,419 - - 2,094 248,513
Fines and forfeitures 21,548 - - - 21,548
Rents 100,926 - - 101,878 202,804
Investment earning, net of unrealized gain/(loss) 87,490 - 5,967 162,055 68,598 Other - 216,175 - 1,000 217,175
Total revenue 2,689,721 11,342,892 159,105 3,660,351 17,852,069 Expenditures
Current
General government 1,092,891 - - - 1,092,891
Public works 1,048,214 - 211,365 2,413,892 1,154,313
Community development 467,290 - 236,214 724,916 21,412
Social services 667,896 - - 151,131 819,027
Public safety 4,013,978 - - - 4,013,978
Capital outlay 400,339 858,474 - 647,892 1,906,705
Debt Service
Principal - - - 32,000 32,000
Interest and fiscal charges - - - 69,878 69,878
Total expenditures 858,474 7,690,608 447,579 2,076,626 11,073,287 Revenue over/(under) expenditures 3,652,284 1,831,247 (288,474) 1,583,725 6,778,782 Other Financing Sources/(Uses)
Lease revenues 147,947 - - - 147,947
Transfers in/(out) - net (94,689) - (3,357) (521,660) (619,706) (3,357) 53,258 - (521,660) (471,759)
Change in Fund Balance 1,827,890 3,705,542 (288,474) 1,062,065 6,307,023 Fund Balance
Beginning of year 1,827,890 10,196,237 359,288 16,464,012 4,080,597 End of year $ 3,655,780 13,901,779 $ 70,814 $ 5,142,662 $ 22,771,035 $ 982
Section 7, Item A.
See accompanying notes. 9
CITY OF KERMAN
RECONCILIATION OF STATEMENT OF REVENUE, EXPENDITURES, AND CHANGES IN
FUND BALANCE OF GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES YEAR ENDED JUNE 30, 2023
Net change in fund balance - total governmental funds 6,307,023 $ Amounts reported for governmental activities in the Statement of Activities are different because:
Governmental funds report capital outlays as expenditures. However, in the Statement of Activities the cost of those assets is capitalized and allocated over their estimated lives and reported as depreciation expense Capital outlay expenditures are therefore added back to fund balances 1,906,705 Depreciation expense not reported in governmental funds (844,936) 1,061,769
Repayment of long-term debt is an expenditure in governmental funds, but the repayment reduces long-term liabilities in the statement of net position. Proceeds of long-term debt produces the opposite effect 32,000 Pension expenses reported in the Statement of Activities do not require the use of current financial resources an, therefore are not reported as expenditures in the Governmental Funds (433,385)
Internal service funds are used by management to charge the costs of fleet maintenance and computer services to individual funds. The net revenue (loss) of certain activities of internal service funds is reported with governmental activities (237,750)
In the Statement of Activities interest is accrued on long-term debt, whereas, in governmental funds interest expenditure is reported when due 13,662
Compensated absence costs in the Statement of Activities does not require the use of current financial resources and, therefore, is not reported as expenditures in Governmental Funds (72,776) Change in net position of governmental activities 6,670,543 $ 983
Section 7, Item A.
See accompanying notes. 10
CITY OF KERMAN STATEMENT OF NET POSITION – PROPRIETARY FUNDS JUNE 30, 2023 Governmental
Total Activities
Proprietary Internal
Water Sewer Disposal Storm Drain Funds Service Fund
ASSETSCurrent assets
Cash and investments 8,020,803 $ 2,715,842 $ 555,242 $ 412,864 $ 11,704,751 $ - $ Accounts receivable, net 204,848 181,886 188,125 17,216 592,075 136,599 Prepaids - - - - - -
Total current assets 2,897,728 8,225,651 743,367 430,080 12,296,826 136,599 Non-current assets
Property, plant and equipment,
net of allowance for depreciation 8,782,329 6,858,482 5,745 1,025,707 16,672,263 984,564 Total assets 11,680,057 15,084,133 749,112 1,455,787 28,969,089 1,121,163 DEFERRED OUTFLOWS OF RESOURCES 156,264 195,358 50,951 10,876 413,449 - LIABILITIESCurrent liabilities
Accounts payable and accrued expenses 278,643 61,950 141,139 138,322 620,054 47,287 Accrued interest payable - 17,779 - - 17,779 -
Due to other funds - - - - 545,298
Deposits 132,620 - - - 132,620 -
Current portion of long-term debt - 418,037 - - 418,037 - Total current liabilities 79,729 829,300 141,139 138,322 1,188,490 592,585 Non-current liabilities
Long-term debt 406,962 2,370,579 - - 2,777,541 -
Compensated absences 57,251 48,358 23,536 - 129,145 -
Net pension liability 285,074 356,395 92,952 19,836 754,257 - Total noncurrent liabilities 2,704,011 820,608 116,488 19,836 3,660,943 - Total liabilities 2,783,740 1,649,908 257,627 158,158 4,849,433 592,585 DEFERRED INFLOWS OF RESOURCES 29,791 23,829 7,769 1,658 63,047 -
NET POSITION
Net investment in capital assets 6,033,483 6,411,750 5,745 1,025,707 13,476,685 984,564 Restricted for capital improvements 2,473,419 824,133 - 299,536 3,597,088 - Unrestricted/(deficit) 1,792,869 5,092,890 528,922 (18,396) 7,396,285 (455,986) Total net position $ 9,028,752 13,599,792 $ 534,667 $ 1,306,847 $ 24,470,058 528,578 $ Adjustments to reflect the consolidation of internal service funds activities related to enterprise funds 199,704 Net position of business-type activities $ 24,669,762
Business-Type Activities - Enterprise Funds
984
Section 7, Item A.
See accompanying notes. 11
CITY OF KERMAN STATEMENT OF REVENUE, EXPENSES, AND CHANGES IN FUND NET POSITION – PROPRIETARY FUNDS YEAR ENDED JUNE 30, 2023 Governmental
Total Activities
Proprietary Internal
Water Sewer Disposal Storm Drain Funds Service Fund
Operating Revenue
Charges for services 2,747,778 $ 1,971,283 $ 2,084,660 $ 84,638 $ 6,888,359 $ - $ Other revenues 2,843,796 54,921 45,528 1,621 2,945,866 59,380 Total operating income 2,026,204 5,591,574 2,130,188 86,259 9,834,225 59,380 Operating Expense
Contractual services and utilities 667,671 595,935 1,620,335 2,417 2,886,358 66,965Personnel 823,995 734,825 293,766 61,049 1,913,635 211,381Supplies and materials 261,612 270,947 42,423 141,326 716,308 468,648Depreciation 606,250 336,201 682 16,110 959,243 241,576 Total operating expense 2,207,957 2,089,479 1,957,206 220,902 6,475,544 988,570 Operating income/(loss) (181,753) 3,502,095 172,982 (134,643) 3,358,681 (929,190) Nonoperating Revenue/(Expense)
Intergovernmental - - 5,000 - 5,000 60,000Development impact fees 397,774 504,331 - 64,063 966,168 -Interest income 87,081 34,272 7,555 5,715 134,623 166Interest expense (22,471) - - - (22,471) - Total nonoperating revenue/(expense) 516,132 484,855 12,555 69,778 1,083,320 60,166 Net income/(loss) before transfers 3,986,950 334,379 185,537 (64,865) 4,442,001 (869,024) Operating Transfers In/(Out) (98,830) 148,656 (92,393) (18,583) (61,150) 680,856 Change in Net Position 235,549 4,135,606 93,144 (83,448) 4,380,851 (188,168) Net Position
Beginning of year 8,793,203 9,464,186 441,523 1,390,295 20,089,207 716,746 End of year $ 9,028,752 13,599,792 $ 534,667 $ 1,306,847 $ 24,470,058 $ 528,578 $ Adjustments to reflect the consolidation of internal service fund activities related to enterprise funds $ 49,582 Change in net position of business-type activities (Page 5) $ 4,430,433 Business-Type Activities - Enterprise Funds
985
Section 7, Item A.
See accompanying notes. 12
CITY OF KERMANSTATEMENT OF CASH FLOW - PROPRIETARY FUNDS YEAR ENDED JUNE 30, 2023 Governmental
Total Activities
Business-Type Internal
Water Sewer Disposal Storm Drain Funds Service Fund
Operating Activities
Receipts from customers and users 5,518,526 $ 1,935,106 $ 2,040,597 $ 74,891 $ 9,569,120 $ (17,219) $ Payments for contractual services and utilities (652,722) (592,367) (1,614,063) 117,003 (2,742,149) (56,203) Payments to employees (815,172) (726,461) (285,082) (60,169) (1,886,884) (211,381) Payment to suppliers (270,947) (261,612) (42,423) (141,326) (716,308) (468,648) Net cash provided by (used) in operating activities 345,331 3,789,020 99,029 (9,601) 4,223,779 (753,451) Non-capital Financial Activities
Payments from other governments - - 5,000 - 5,000 60,000 Payments (to)/from developers 397,774 504,331 - 64,063 966,168 - Transfers (to)/from other funds (98,830) 148,656 (92,393) (18,583) (61,150) 1,049,815 Net cash provided by (used) in
noncapital financing activities 405,501 546,430 (87,393) 45,480 910,018 1,109,815 Capital and Related Financing Activities
Purchase of property, plant and equipment (649,910) (277,381) (2,140) (1,711) (931,142) (356,530) Principal paid on long-term debt (165,000) (250,531) - - (415,531) - Interest paid on long-term debt (26,211) - - - (26,211) - Net cash provided by (used) in capital
and related financing activities (554,123) (814,910) (2,140) (1,711) (1,372,884) (356,530) Investing Activities
Interest received 34,272 87,081 7,555 5,715 134,623 166 Net cash provided by (used) in
investing activities 34,272 87,081 7,555 5,715 134,623 166 Net Increase (Decrease) in Cash 230,981 3,607,621 17,051 39,883 3,895,536 - Cash
Beginning of year 2,484,861 4,413,182 538,191 372,981 7,809,215 - End of year $ 2,715,842 8,020,803 $ 555,242 $ 412,864 $ 11,704,751 $ - $ Cash Flows from Operating Activities
Operating income (loss) 3,502,095 $ (181,753) $ 172,982 $ (134,643) $ 3,358,681 $ (929,190) $ Adjustments to reconcile operating income (loss)
to net cash provided (used) by operating activities:
Depreciation 336,201 606,250 682 16,110 959,243 241,576 (Increase) Decrease in Accounts Receivable (83,879) (91,098) (89,591) (11,368) (275,936) (76,599) (Increase) Decrease in Deferred Outflows of Resources (116,662) (93,316) (30,427) (6,493) (246,898) - Increase (Decrease) in Accounts Payable
and Accrued Liabilities 14,949 3,568 6,272 119,420 144,209 10,762 Increase (Decrease) in Deposits 10,831 - - - 10,831 -
Increase (Decrease) in Deferred Inflows of Resources (98,698) (78,946) (25,742) (5,493) (208,879) - Increase (Decrease) in Net Pension Liability 231,177 184,915 60,294 12,866 489,252 - Increase (Decrease) in Compensated Absences (6,994) (4,289) 4,559 - (6,724) - Net Cash Provided by (Used) in Operating Activities $ 345,331 3,789,020 $ 99,029 $ (9,601) $ 4,223,779 $ (753,451) $ Business-Type Activities - Enterprise Funds
986
Section 7, Item A.
13 CITY OF KERMAN
STATEMENT OF FIDUCIARY NET POSITION
JUNE 30, 2023
Custodial
Funds
ASSETS
Cash and investments $ 532,050
Total assets 532,050
LIABILITIES
Accounts payable 3,631
Total liabilities 3,631
NET POSITION
Restricted for
Individuals, organizations, and other governments 528,419 Total Net Position 528,419 $
987
Section 7, Item A.
14 CITY OF KERMAN
STATEMENT OF CHANGES IN FIDUCIARY NET POSITION
JUNE 30, 2023
Additions
Fees $ 35,736
Deposits 29,943
Special events 1,260
Total additions 66,939
Deductions
Payments to other entities 22,011
Total deductions 22,011
Change In Net Position 44,928
Net Position
Beginning of year 483,491
End of year 528,419 $
988
Section 7, Item A.
15 CITY OF KERMAN
NOTES TO FINANCIAL STATEMENTS
YEAR ENDED JUNE 30, 2023
Note 1 – Summary of Significant Accounting Policies
The financial statements of the City of Kerman (the City) have been prepared in conformity with Accounting Principles Generally Accepted in the United States of America (GAAP) as applicable to governmental entities. The Governmental Accounting Standards Board (GASB) is the accepted standard setting body for establishing governmental accounting and financial reporting principles.
These financial statements present the government and its component units, entities for which the City is considered to be financially accountable. Blended component units, although legally separate entities are, in substance, part of the government’s operations and data from these units are combined with data of the primary government. Each blended component unit has a June 30 fiscal year end. There are no discretely presented component units included in these financial statements. The following sections further describe the significant accounting policies of the City.
Reporting Entity
The City was incorporated as a general law city in 1946. The City operates under a Council-Manager form of government. The City's major operations include public safety; highways and streets; water, sewer, and refuse collection; parks and recreation; building inspection; public improvements; planning and zoning, and general administrative services.
Also included in this report is the Kerman Public Financing Authority (KPFA). The KPFA was established in 2007 through a Joint Exercise of Powers Agreement between the City and the Agency. The formation of the joint powers authority was approved by the City Council who is also designated as the Board of Directors for the KPFA. The City Manager is appointed Secretary with the City staff providing all support services. The purpose of the KPFA is solely to provide funds from the sale of revenue bonds to finance or refinance the costs of various projects for the City. The City set up the KPFA to act as a financing/lending type institution only. The KPFA/City legislative meetings are held concurrently. No separate annual financial statements are prepared for the KPFA.
Basis of Presentation – Fund Accounting
Government-Wide Financial Statements - The Government-Wide Financial Statements (the Statement of Net Position and the Statement of Activities) report information of all of the nonfiduciary activities of the primary government and its component units. Eliminations have been made to minimize the double counting of internal activities. These statements distinguish between the governmental and business-type activities of the City. Governmental activities, which normally are supported by taxes and inter-governmental revenues, are reported separately from business-type activities, which rely significantly on fees charged to external parties.
The Statement of Activities presents a comparison between direct expenses and program revenues for each segment of the business-type activities of the City and for each function of the City’s governmental activities.
Direct expenses are those that are specifically associated with a program or function and are clearly identifiable to a particular function. Program revenues include 1) charges paid by the recipients of goods or services offered by the programs and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular program. Revenues that are not classified as program revenues, including all taxes, are presented as general revenues. 989
Section 7, Item A.
16 CITY OF KERMAN
NOTES TO FINANCIAL STATEMENTS
YEAR ENDED JUNE 30, 2023
Note 1 – Summary of Significant Accounting Policies (Continued) Net position is restricted when constraints placed on them are either externally imposed or are imposed by constitutional provisions or enabling legislation. Internally imposed designations of resources are not presented as restricted net position. When both restricted and unrestricted resources are available for use, generally, it is the City’s policy to use restricted resources first, then unrestricted resources as they are needed.
Governmental Fund Financial Statements - The Governmental Fund Financial Statements provide information about the City’s funds, including fiduciary funds and the blended component unit. Separate statements for each fund category - governmental, proprietary and fiduciary - are presented. The emphasis of fund financial statements is on major governmental and enterprise funds, each displayed in a separate column.
All remaining governmental funds are separately aggregated and reported as non-major funds.
Proprietary fund operating revenues, such as charges for services, result from exchange transactions associated with the principal activity of the fund. Exchange transactions are those in which each party receives and gives up essentially equal values. Non-operating revenues, such as subsidies and investment earnings, result from non-exchange transactions or ancillary activities.
The City reports the following major governmental funds:
General Fund – The General Fund is the general operating fund of the City. It is used for all financial resources except those required legally, or by sound financial management to be accounted for in another fund.
Generally, the General Fund is used to account for those traditional governmental services of the City, such as police, community services, planning and general administrative services.
Street Maintenance & Construction – The Street Maintenance and Construction Fund accounts for all capital street and improvement projects.
Street Projects & Development – The Street Projects & Development Fund accounts for all grant related capital street and improvement projects.
The City reports the following major enterprise funds:
Water Fund – The Water Fund accounts for the operation and maintenance of the City’s water treatment and water transmission and distribution systems.
Sewer Fund – The Sewer Fund accounts for the operation and maintenance of the City’s sewer system.
Disposal Fund – The Disposal Fund accounts for the operation and maintenance of the City’s sanitation system.
Storm Drain Fund – The Storm Drain Fund accounts for the operation and maintenance of the City’s storm drain system.
The City reports the following additional fund types:
Internal Service Fund – The Internal Service Fund accounts for fleet management and computer services provided to other departments or agencies of the government, on a cost reimbursement basis. 990
Section 7, Item A.
17 CITY OF KERMAN
NOTES TO FINANCIAL STATEMENTS
YEAR ENDED JUNE 30, 2023
Note 1 – Summary of Significant Accounting Policies (Continued) Fiduciary Funds - The Fiduciary Funds account for assets held by the City as an agent for various local governments or other entities. These funds are custodial in nature (assets equal liabilities) and do not involve measurement of results of operations.
Basis of Accounting
The Government-Wide and Proprietary Fund Financial Statements are reported using the economic resources measurement focus and the accrual basis of accounting. Revenues are recorded when earned and expenses are recorded at the time liabilities are incurred, regardless of when the related cash flows take place. Nonexchange transactions, in which the City gives (or receives) value without directly receiving (or giving) equal value in exchange, include property and sales taxes, grants, entitlements and donations. On an accrual basis, revenue from property taxes is recognized in the fiscal year for which the taxes are levied. Revenues from sales tax are recognized when the underlying transactions take place. Revenues from grants and donations are recognized in the fiscal year in which all eligible requirements have been satisfied.
Governmental Funds are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Under this method, revenues are recognized when measurable and available.
Property and sales taxes, interest, certain state and federal grants and charges for services are accrued when their receipt occurs within sixty days after the end of the accounting period so as to be both measurable and available. Expenditures are generally recorded when a liability is incurred, as under accrual accounting.
However, debt service expenditures, as well as expenditures related to compensated absences, claims and judgments are recorded only when payment is due. General capital asset acquisitions are reported as expenditures in governmental funds. Proceeds of general long-term debt and capital leases are reported as other financing sources.
Proprietary Funds distinguish operating revenues and expenses from non-operating items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with a Proprietary Fund’s principal ongoing operations. Revenues and expenses not meeting this definition are reported as non-operating.
Financial Statement Amounts
Cash and Cash Equivalents - Cash and cash equivalents represent the City's cash bank accounts including, but not limited to, certificates of deposit, money market funds and cash management pools for reporting purposes in the Statement of Cash Flows. Additionally, investments with maturities of three months or less when purchased are included as cash equivalents in the Statement of Cash Flows.
The City maintains a cash and investment pool that is available for use by all funds. Interest earnings as a result of this pooling are distributed to the appropriate funds based on quarterly ending cash balances in each fund.
Investments of the pool include only those investments authorized by the California Government Code such as, United States Treasury securities, agencies guaranteed by the United States Government, registered state warrants, and other investments. Investments primarily consist of deposits in money market accounts and certificates of deposit. Investments are stated at fair value. 991
Section 7, Item A.
18 CITY OF KERMAN
NOTES TO FINANCIAL STATEMENTS
YEAR ENDED JUNE 30, 2023
Note 1 – Summary of Significant Accounting Policies (Continued) Accounts Receivable – Billed, but unpaid, services provided to individuals or non-governmental entities are recorded as accounts receivable. The Proprietary Funds include a year end accrual for services through the end of the fiscal year which have not yet been billed. Accounts receivable are reported net of an allowance for uncollectible.
Fresno County is responsible for the assessment, collection and apportionment of property taxes for all taxing jurisdictions. Property taxes are levied in equal installments on November 1 and February 1. They become delinquent on December 10 and April 10, respectively. The lien date is January 1 of each year. Property taxes are accounted for in the General Fund. Property tax revenues are recognized when they become measurable and available to finance current liabilities. The City considers property taxes as available if they are collected within 60 days after year end. Property tax on the unsecured roll are due on the January 1 lien date and become delinquent if unpaid on August 31. However, unsecured property taxes are not susceptible to year end accrual.
The City is permitted by Article XIIIA of the State of California Constitution (known as Proposition 13) to levy a maximum tax of $1.00 per $100 of full cash value.
Interfund Receivables/Payables - Items classified as interfund receivable/payable represent short-term lending/borrowing transactions between funds. This classification also includes the current portion of an advance to or from another fund.
Advances To/From Other Funds - This classification represents non-current portions of any long-term lending/borrowing transactions between funds. This amount will be equally offset by a reserve of fund balance which indicates that it does not represent available financial resources and therefore, is not available for appropriation. The current portion of any interfund long-term loan (advance) is included as an interfund receivable/payable.
Capital Assets - Capital outlays are recorded as expenditures of the General, Special Revenue, and Capital Projects Funds and as assets in the Government-Wide Financial Statements to the extent the City’s capitalization threshold is met.
Capital assets, which include property, plant, equipment, and infrastructure assets (e.g., roads, bridges, sidewalks, and similar items), are reported in the applicable governmental or business-type activities column in the Government-Wide Financial Statements. Capital assets are defined by the government as assets with an initial individual cost of more than $10,000 for roadways and $5,000 for all other assets, and an estimated useful life of at least three years. Such assets are recorded at historical cost or estimated historical cost if purchased or constructed. Donated capital assets are recorded at estimated fair market value at the date of donation.
The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend assets lives are not capitalized. Betterments and major improvements which significantly increase values, change capacities or extend useful lives are capitalized. Upon sale or retirement of fixed assets, the cost and related accumulated depreciation are removed from the respective accounts and any resulting gain or loss is included in the results of operations.
992
Section 7, Item A.
19 CITY OF KERMAN
NOTES TO FINANCIAL STATEMENTS
YEAR ENDED JUNE 30, 2023
Note 1 – Summary of Significant Accounting Policies (Continued) Major outlays for capital assets and improvements are capitalized as projects are constructed. Interest incurred during the construction phase of capital assets of business-type activities are included as part of the capitalized value of the assets constructed.
Property, plant, and equipment of the primary government, as well as the component units, are depreciated using the straight line method over the following estimated useful lives:
Years
Infrastructure 50
Buildings 20 - 40
Improvements 30 - 50
Equipment 5 - 10
Leases - Lessor: The City recognizes a lease receivable and a deferred inflow of resources in the governmentwide and governmental fund financial statements.
At the commencement of a lease, the City initially measures the lease receivable at the present value of payments expected to be received during the lease term. Subsequently, the lease receivable is reduced by the principal portion of lease payments received. The deferred inflow of resources is initially measured as the initial amount of the lease receivable, adjusted for lease payments received at or before the lease commencement date. Subsequently, the deferred inflow of resources is recognized as revenue over the life of the lease term.
Key estimates and judgments include how the City determines (1) the discount rate it uses to discount the expected lease receipts to present value, (2) lease term, and (3) lease receipts. The City uses the interest rate charged to the lessees as the discount rate. When the interest rate charged to the lessees is not provided, the City generally uses the implied rate of return as the discount rate for leases. When the implied rate of return has not been determined, the City uses its estimated incremental borrowing rate which it has determined is the prime rate at the inception of the lease. The lease term includes the non-cancellable period of the lease. Lease receipts included in the measurement of the lease receivable are composed of fixed payments from the lessee.
The City monitors changes in circumstances that would require a remeasurement of its lease, and will remeasure the lease receivable and deferred inflows of resources if certain changes occur that are expected to significantly affect the amount of the lease receivable.
Compensated Absences - It is the City's policy to permit all employees to accumulate earned but unused vacation, sick pay and compensatory time benefits within limits outlined in Memorandums of Understanding (MOU).
Vested or accumulated vacation and sick leave along with any compensation time that is expected to be paid with expendable available financial resources is reported as an expenditure in the fund financial statements of the Governmental Fund that will pay for it. Amounts not expected to be liquidated with expendable available financial resources are reported in the Government-Wide Financial Statements. 993
Section 7, Item A.
20 CITY OF KERMAN
NOTES TO FINANCIAL STATEMENTS
YEAR ENDED JUNE 30, 2023
Note 1 – Summary of Significant Accounting Policies (Continued) Vested leave of Proprietary Funds are recorded as an expense and liability as the benefits accrue.
Pension – For purposes of measuring the net pension liability and deferred outflows/inflows of resources related to pensions, and pension expense, information about the fiduciary net position of the City’s California Public Employee Retirement System (CalPERS) plan and additions to/deduction from the Plan’s fiduciary net position have been determined on the same basis as they are reported by CalPERS. For this purpose, benefit payments (including refunds of employee contributions) are recognized when due and payable in accordance with the benefit terms. Investments are reported at fair value.
Long-Term Obligations - In the Government-Wide Financial Statements and in the Proprietary Fund types in the fund financial statements, long-term debt and other long-term obligations are reported as liabilities in the applicable governmental activities, business-type activities, or Proprietary Fund Type Statement of Net Position. Debt principal payments of both government and business-type activities are reported as decreases in the balance of the liability on the Statement of Net Position. Bond premiums and discounts are deferred and amortized over the life of the bonds using the effective interest method. Bonds payable are reported net of the applicable bond premium or discount.
In the fund financial statements, however, debt principal payments of Governmental Funds are recognized as expenditures when paid. Governmental Fund types recognize bond premiums and discounts during the current period. The face amount of debt issued is reported as other financing sources. Premiums received on debt issuances are reported as other financing sources while discounts on debt issuances are reported as other financing uses. Issuance costs, whether or not withheld from the actual debt proceeds received, are reported as debt service expenditures.
Non-Current Governmental Assets/Liabilities - GASB Statement No. 34 eliminates the presentation of account groups, but provides for these records to be maintained and incorporates the information into the Governmental Activities column in the Government-Wide Statement of Net Position.
Net Position - The government-wide and business-type activities financial statements utilize a net position presentation. Net position are categorized as net investment in capital assets, restricted and unrestricted. Net Investment in Capital Assets - This category groups all capital assets, including infrastructure, into one component of net position. Accumulated depreciation and the outstanding balances of debt that are attributable to the acquisition, construction or improvement of these assets reduce the balance in this category.
Restricted Net Position - This category presents external restrictions on net position imposed by creditors, grantors, contributors, laws or regulations of other governments and restrictions imposed by law through constitutional provisions or enabling legislation. Unrestricted Net Position - This category represents net position of the City not restricted for any project or other purpose.
994
Section 7, Item A.
21 CITY OF KERMAN
NOTES TO FINANCIAL STATEMENTS
YEAR ENDED JUNE 30, 2023
Note 1 – Summary of Significant Accounting Policies (Continued) Fund Balance – In the fund financial statements, governmental fund balance is made up of the following components:
Nonspendable fund balance typically includes inventories, prepaid items, and other items that must be maintained intact pursuant to legal or contractual requirements, such as endowments. Restricted fund balance category includes amounts that can be spent only for specific purposes imposed by creditors, grantors, contributors, or laws or regulations of other governments or through enabling legislations.
Committed fund balance classification includes amounts that can be used only for the specific purposes determined by a formal action of the City Council. The City Council has the authority to establish, modify, or rescind a fund balance commitment.
Assigned fund balance are amounts designated by the City Council for specific purposes and do not meet the criteria to be classified as restricted or committed. Unassigned fund balance is the residual classification that includes all spendable amounts in the General Fund not contained in other classifications.
When expenditures are incurred for purposes for which both restricted and unrestricted (committed, assigned, or unassigned) fund balances are available, the City’s policy is to apply restricted first. When expenditures are incurred for purposes for which committed, assigned, or unassigned fund balances are available, the City’s policy is to apply committed fund balance first, then assigned fund balance, and finally unassigned fund balance.
Use of Estimates - The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenditures/expenses during the reporting period. Actual results could differ from those estimates.
Note 2 – Stewardship, Compliance and Accountability
California law authorizes the City to invest in obligations of the United States Treasury, agencies and instrumentalities, certificates of deposit or time deposits in banks and savings and loan associations which are insured by the Federal Deposit Insurance Corporation.
995
Section 7, Item A.
22 CITY OF KERMAN
NOTES TO FINANCIAL STATEMENTS
YEAR ENDED JUNE 30, 2023
Note 2 – Stewardship, Compliance and Accountability (continued) In accordance with applicable sections of the California Government Code and the Kerman Municipal Code, the City prepares and legally adopts an annual balanced budget on a basis consistent with accounting principles generally accepted in the United States of America. Annual appropriated budgets are adopted for the General Fund, specific Special Revenue Funds, and specific Capital Projects Funds. Budget plans are adopted for Proprietary Funds. A proposed budget is presented to the City Council during June of each year for review.
The Council holds public hearings and may add to, subtract from, or change appropriations within the revenues and reserves estimated as available. Expenditures may not legally exceed budgeted appropriations at the fund level. Supplementary appropriations which alter the total expenditures of any fund, or expenditures in excess of total budgeted fund appropriations, must be approved by the City Council.
All annual appropriations lapse at fiscal year end to the extent they have not been expended or encumbered.
Note 3 – Cash and Investments
The City pools all of its cash and investments except those funds required to be held by outside fiscal agents under the provisions of bond indentures. Interest income earned on pooled cash is allocated to the various funds on average cash balances. Interest income from cash investments held with fiscal agents is credited directly to the related funds.
Cash and investments as of June 30, 2023 are classified in the accompanying financial statements as follows:
Statement of Net Position:
Cash and Investments 31,575,149 $
Fiduciary Funds:
Cash and Investments 532,050
Total Cash and Investments $ 32,107,199
Cash and investments as of June 30, 2023 consist of the following:
Cash on hand 1,250 $
Deposits with Financial Institutions 26,833,626
Certificates of deposit 5,272,323
Total Cash and Investments $ 32,107,199
Fair Value Measurements
The framework for measuring fair value provides a fair value hierarchy that categorizes the inputs to valuation techniques used to measure fair value into three levels. The fair value hierarchy gives the highest priority to unadjusted quoted prices in active markets for identical assets or liabilities (Level 1) and lowest priority to unobservable inputs (Level 3). The three levels of the fair value hierarchy are described as follows:
Level 1: Inputs to the valuation methodology are quoted prices (unadjusted) for identical assets or liabilities in active markets that a government can access at the measurement date. 996
Section 7, Item A.
23 CITY OF KERMAN
NOTES TO FINANCIAL STATEMENTS
YEAR ENDED JUNE 30, 2023
Note 3 – Cash and Investments (Continued)
Level 2: Inputs to valuation methodology include inputs – other than quoted prices included within Level 1 – that are observable for an asset or liability, either directly or indirectly.
Level 3: Inputs to the valuation methodology are unobservable and significant to the fair value measurement.
The asset’s or liability’s fair value measurement level within a fair value hierarchy is based on the lowest level of any input that is significant to the fair value measurement. Valuation techniques used need to maximize the use of observable inputs and minimize the use of unobservable inputs.
Investments Authorized by the California Government Code and the City’s Investment Policy The table below identifies the investment types that are authorized for the City by the California Government Code (or the City’s investment policy, where more restrictive). The table also identifies certain provisions of the California Government Code (or the City’s investment policy, where more restrictive) that address interest rate risk, credit risk, and concentration of credit risk. The City’s investment policy does not contain any specific provisions intended to limit the City’s exposure to interest rate risk, credit risk, and concentration of credit risk. This table does not address investments of debt proceeds held by bond trustee that are governed by the provisions of debt agreements of the City, rather than the general provisions of the California Government Code or the City’s investment policy.
Maximum Maximum
Maximum Percentage Investment
Maturity of Portfolio In One Issuer
Local Agency Bonds 5 years None None
U.S. Treasury Obligations 5 years None None
U.S. Agency Securities 5 years None None
Banker's Acceptances 180 days 40% 30%
Commercial Paper 270 days 25% 10%
Negotiable Certificates of Deposit 5 years 30% None
Repurchase Agreements 1 year None None
Reverse Repurchase Agreements 92 days 20% None
Medium-Term Notes 5 years 30% None
Mutual Funds N/A 20% 10%
Money Market Mutual Funds N/A 20% 10%
Mortgage Pass-Through Securities 5 years 20% None
County Pooled Investment Funds N/A None None
Local Agency Investment Fund (LAIF) N/A None None
JPA Pools (other investment pools) N/A None None
Authorized Investment Type
997
Section 7, Item A.
24 CITY OF KERMAN
NOTES TO FINANCIAL STATEMENTS
YEAR ENDED JUNE 30, 2023
Note 3 – Cash and Investments (Continued)
Investments Authorized by Debt Agreements
Investments of debt proceeds held by bond trustee are governed by provisions of the debt agreements, rather than the general provisions of the California Government Code or the City’s investment policy. The table below identifies the investment types that are authorized for investments held by the bond trustee. The table also identifies certain provisions of these debt agreements that address interest rate risk, credit risk, and concentration of credit risk.
Maximum Maximum
Maximum Percentage Investment
Maturity of Portfolio In One Issuer
U.S. Treasury Obligations None None None
U.S. Agency Securities None None None
Banker's Acceptances 180 days None None
Commercial Paper 270 days None None
Money Market Mutual Funds N/A None None
Investment Contracts None None None
Certificates of Deposits 1 year None None
Repurchase Agreements 30 days None None
Local Agency Investment Fund (LAIF) N/A None None
Municipal Bonds None None None
Authorized Investment Type
Disclosures Relating to Interest Rate Risk
Interest rate risk is the risk that changes in market interest rates will adversely affect the fair value of an investment. Generally, the longer the maturity of an investment, the greater the sensitivity of its fair value to changes in market interest rates. One of the ways that the City of Kerman manages its exposure to interest rate risk is through the purchase of a combination of shorter term and longer term investments and by timing cash flows from maturities so that a portion of the portfolio is maturing or coming close to maturity evenly over time as necessary to provide the cash flow and liquidity needed for operations. 12 Months 13 to 24 25 to 60
Fair Value or Less Months Months
Certificates of deposit $ 1,162,784 5,272,323 $ 3,156,237 $ 953,302 $ Total $ 5,272,323 1,162,784 $ 3,156,237 $ 953,302 $
Investment Type
Remaining Maturity (in months)
998
Section 7, Item A.
25 CITY OF KERMAN