Agenda packet — Kerman City Council, April 24, 2024 (part 1 of 4)

REVISED AGENDA

CITY COUNCIL REGULAR MEETING
Wednesday, April 24, 2024 at 6:00 PM
Kerman City Hall, 850 S. Madera Avenue, Kerman, CA 93630 LEVINE ACT DISCLOSURE. Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the City Council is required to disclose on the record any campaign contribution, including aggregated contributions, of more than $250 made by the party or the party’s agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well. The disclosure should be made when the agenda item is called and must include the name of the party, participant, or agent, and any other person making the contribution, the name of the recipient, the amount of the contribution, and the date the contribution was made. Council Members are also required to make such disclosures and recuse themselves.

CONFLICT OF INTEREST. City Council Members with a conflict of interest under the Political Reform Act are required to make disclosure of financial interest when the item is called and recuse themselves.

1. OPENING CEREMONIES
A. Welcome – Mayor
B. Call to Order
C. Roll Call
D. Invocation
At this time the Council wishes to provide anyone an opportunity to give a brief invocation or inspirational thought. In accordance with law, we would request this opportunity not be used to recruit converts, to advance anyone, or to disparage any other faith or belief. If no one steps forward, we will observe a moment of silence so that we may all focus our thoughts on how best to serve our community.

E. Pledge of Allegiance

2. AGENDA APPROVAL/ADDITIONS/DELETIONS
To accommodate members of the public or convenience in the order of presentation, items on the agenda may not be presented or acted upon in the order listed. 1 3. PRESENTATIONS/CEREMONIAL MATTERS
A. Proclamation - Building & Safety Month (JRO)
B. Kannami Presentation - Spring 2024 Delegation (TJ)

4. REQUEST TO ADDRESS COUNCIL
This portion of the meeting is reserved for members of the public to address the Council on items of interest that are not on the Agenda and are within the subject matter jurisdiction of the Council.

Speakers shall be limited to three minutes. It is requested that no comments be made during this period on items on the Agenda. Members of the public wishing to address the Council on items on the Agenda should notify the Mayor when that Agenda item is called, and the Mayor will recognize your discussion at that time. It should be noted that the Council is prohibited by law from taking any action on matters discussed that are not on the Agenda. Speakers are asked to please use the microphone, and provide their name and address.

5. CONSENT CALENDAR
Matters listed under the Consent Calendar are considered routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. If discussion is desired, a member of the audience or a Council Member may request an item be removed from the Consent Calendar and it will be considered separately.

A. SUBJECT: Minutes - April 10, 2024
RECOMMENDATION: Council approve minutes as presented.

B. SUBJECT: Warrants (JA)

1. Nos. 29065-29153 $336,409.70 ACH $60,847.59.

RECOMMENDATION: Council approve warrants and electronic bank transfers as presented. (Pursuant to Government Code 37208)
C. SUBJECT: Payroll (JA)
03/17/24 - 3/30/24: $211,854.35; Retro Pay & Other: $2,651.00; Overtime: $9,236.05; Standby: $1,702.17; Comp Time Earned: 38.63
RECOMMENDATION: Council approve payroll as presented.

D. SUBJECT: Monthly Investment Report
RECOMMENDATION: Council accept monthly investment report as presented. 2 E. SUBJECT: Annual Progress Report for the General Plan and Housing Element (JRO) RECOMMENDATION: Council by motion, adopt a resolution accepting the 2023 Annual Progress Report for the General Plan and Housing Element, and authorizing submittal to the State Department of Housing and Community Development and the Governor’s Office of Planning and Research including adopting a finding of a Categorical Exemption pursuant to Section 15306 of CEQA Guidelines.

F. SUBJECT: Resolution Accepting the Waste Water Treatment Plant Biolac Sludge Dredging/Hauling Project and Authorizing Filing of the Notice of Completion (MB) RECOMMENDATION: Council by motion adopt the resolution accepting the Waste Water Treatment Plant Biolac Sludge Dredging/Hauling Project and authorizing the City Staff to record the Notice of Completion.

G. SUBJECT: Approve the contribution of $3,200 towards the cost to replace two electronic scoreboards at Rotary Park and approval of budget amendment (TJ) RECOMMENDATION: Council by motion authorize $3,200 contribution to replace two electronic scoreboards at Rotary Park and adopt resolution approving a budget amendment to appropriate $1,000 towards the cost to replace two electronic scoreboards at Rotary Park.

6. PUBLIC HEARINGS
These hearings are scheduled at the time stated and will be heard by the Council as close to the time stated as possible.

A. SUBJECT: Public Hearing – Ordinance Text Amendment 2024-01 repealing Title 17 of the Kerman Municipal Code and addition of a new Title 17 to the Kerman Municipal Code (JRO) RECOMMENDATION: That the City Council conduct the Public Hearing and:

1. Find that no additional environmental documentation beyond an Addendum is necessary for the Zoning Code update and adopt an Addendum to Program Environmental Impact Report Prepared for the City of Kerman 2040 General Plan (SCH #2019049018); and

2. Waive full reading and introduce Ordinance Text Amendment 2024-01 repealing Title 17 of the Kerman Municipal Code and adding a new Title 17 to the Kerman Municipal Code as recommended by the Planning Commission with minor modifications recommended by staff and refer the ordinance with modifications to the Planning Commission for its report and recommendation; OR
Waive full reading, and introduce Ordinance Text Amendment 2024-01 repealing Title 17 of the Kerman Municipal Code and add a new Title 17 to the Kerman Municipal Code as recommended by the Planning Commission.
3 B. 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.

7. DEPARTMENT REPORTS
A. 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.

B. SUBJECT: Consideration of MOU with County of Fresno City Ordinance Relating to Infectious Materials (JAJ)
RECOMMENDATION: That the Council take action as follows:
(1) Adopt Resolution Approving Memorandum of Understanding (MOU) with County of Fresno to Authorize County to enforce Fresno County Infectious Materials Ordinance in the City of Kerman; and
(2) Waive full reading and Introduce Ordinance Adding Chapter 8.44 to Title 8 of the Kerman Municipal Code Relating to Infectious Materials.

C. SUBJECT: Annual Agreement with the Kerman Unified School District for School Resource Officers (SW)
RECOMMENDATION: Council by motion adopt resolution approving agreement with the Kerman Unified School District for School Resource Officers for FY 2024-2025.

8. CITY MANAGER/STAFF COMMUNICATIONS

9. MAYOR/COUNCIL REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS This portion of the meeting is reserved for the Mayor and Councilmembers (i) to make brief reports on boards, committees, and other public agencies, and at public events, (ii) to request updates, (iii) to initiate future agenda items at the request of any one Council Member, and (iv) to take action on matters initiated under this section of the agenda. (Under this section the Council may take action only on items specifically agendized and which meet other requirements for action.) 4 10. CLOSED SESSION
A. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9) Eric Antuna, Appellant v. City of Kerman, Respondent
Court of Appeal, Fifth Appellate District Case No. F086661

11. ADJOURNMENT
NOTICE OF AVAILABILITY OF AGENDA MATERIALS: Any writings or documents provided to a majority of the City Council within 72 hours of the meeting regarding any item on this agenda will be made available for public inspection at the City Clerk’s Office located at 850 S. Madera Ave., Kerman, CA 93630 and on the City website at www.cityofkerman.net.

ADA Compliance and Reasonable Accommodation. The Council has adopted a Reasonable Accommodation Policy, which is available on the City website at www.cityofkerman.net or upon request by emailing the City Clerk at [email protected] or calling (559) 846-9450. The Policy provides a procedure for receiving and resolving requests for accommodation to participate in this meeting. If you need assistance in order to attend this Council meeting or require auxiliary aids or services, e.g., hearing aids or signing services to make a presentation to the Council, please contact the City Clerk at (559) 846-9450 or email at [email protected] so such aids or services can be arranged. Accommodations should be requested as early as possible as additional time may be required in order to provide the requested accommodation. The meeting room is accessible to persons with physical disabilities.

AGENDA POSTING CERTIFICATION
I, Josie Camacho, Interim City Clerk for the City of Kerman, do hereby declare under penalty of perjury that I caused the above agenda to be posted at City of Kerman Council Chambers at 850 S. Madera Ave., Kerman, CA 93630 and on the City website at www.cityofkerman.net.

Date: April 19, 2024 /s/ Josie Camacho, Interim City Clerk 5 BUILDING SAFETY MONTH
WHEREAS, the City of Kerman is committed to recognizing that our growth and strength depends on the safety and essential role our homes, buildings and infrastructure play, both in everyday life and when disasters strike and;
WHEREAS, our confidence in the resilience of these buildings that make up our community is achieved through the devotion of vigilant guardians––building safety and fire prevention officials, architects, engineers, builders, tradespeople, design professionals, laborers, plumbers and others in the construction industry––who work year-round to ensure the safe construction of buildings; and WHEREAS, the City’s building safety guardians are dedicated members of the International Code Council, a nonprofit that brings together local, state, territorial, tribal and federal officials who are experts in the built environment to create and implement the highest-quality codes to protect us in the buildings where we live, learn, work and play; and
WHEREAS, modern building codes include safeguards to protect the public from hazards such as hurricanes, snowstorms, tornadoes, wildland fires, floods and earthquakes; and WHEREAS, Building Safety Month is sponsored by the International Code Council to remind the public about the critical role of our communities’ largely unknown protectors of public safety–our local code officials–who assure us of safe, sustainable and affordable buildings that are essential to our prosperity; and
WHEREAS, “Mission Possible,” the theme for Building Safety Month 2024, encourages us all to raise awareness about building safety on a personal, local and global scale; and WHEREAS, each year, in observance of Building Safety Month, people all over the world are asked to consider their commitment to improve building safety, resilience and economic investment at home and in the community, and to acknowledge the essential service provided to all of us by local and state building departments, fire prevention bureaus and federal agencies in protecting lives and property.

THEREFORE BE IT RESOLVED, that the City Council of Kerman, does hereby proclaim the month of May 2024 as Building Safety Month, and, encourage its residents to practice building safety awareness.

I have hereunto set my hand and caused the Official Seal of the City of Kerman to be affixed on this 24th day of April 2024.
________________________
Maria Pacheco
Mayor
6 Section 3, Item A.

CITY COUNCIL REGULAR MEETING MINUTES
Wednesday, April 10, 2024 at 6:00 PM
Kerman City Hall, 850 S. Madera Avenue, Kerman, CA 93630

1. OPENING CEREMONIES
A. Welcome – Mayor
B. Call to Order - 6:02 p.m.

C. Roll Call - All present except Council Member Coleman.

D. Invocation - A moment of silence was observed.

E. Pledge of Allegiance – Performed

2. AGENDA APPROVAL/ADDITIONS/DELETIONS
Motion made by Council Member Yep, Seconded by Council Member Herrera. Voting Yea: Yep, Herrera, Nijjer, Mayor Pacheco. Motion passes 4-0-1.

3. PRESENTATIONS/CEREMONIAL MATTERS

4. REQUEST TO ADDRESS COUNCIL
Harmeen Kaur, Kyle Savage, Phil Kerber

5. CONSENT CALENDAR
A. SUBJECT: Minutes - March 27, 2024
RECOMMENDATION: Council approve minutes as presented.

B. SUBJECT: Warrants (JA)

1. Nos. 28996-29064 $724,301.15 ACH $42,334.03.

RECOMMENDATION: Council approve warrants and electronic bank transfers as presented. (Pursuant to Government Code 37208)
C. SUBJECT: Payroll (JA)
7 Section 5, Item A.
03/03/24 - 3/16/24.65; $200,025.69; Retro Pay & Other: $3,494.72; Overtime: $14,034.72; Standby: $1,600.89; Comp Time Earned: 80.25
RECOMMENDATION: Council approve payroll as presented.

D. SUBJECT: Development Impact Fees Annual Report (AB1600) (JA) RECOMMENDATION: Council to review and approve the Development Impact Fee Annual Report for FY 2023. – Res. 24-25
E. SUBJECT: Ratifying the Consolidated Memorandum of Understanding between the City of Kerman and Kerman Peace Officers Association (JAJ)
RECOMMENDATION: Council by motion adopt a resolution to ratify the Consolidated Memorandum of Understanding by and between the City of Kerman and the Kerman Peace Officers Association. – Res. 24-26
Motion made by Council Member Yep, Seconded by Council Member Herrera. Voting Yea: Yep, Herrera, Nijjer, Mayor Pacheco. Motion passes 4-0-1.

6. PUBLIC HEARINGS - None.

7. DEPARTMENT REPORTS
A. SUBJECT: Well No. 17 Emergency Water Well Repair (MB) RECOMMENDATION: Council adopt Resolution ratifying award of contract to Zim Industries, Inc. for emergency repairs to Well No. 17 with Zim Industries in the amount of $37,167.00. – Res 24-27
Motion made by Council Member Herrera, Seconded by Council Member Nijjer. Voting Yea:

Herrera, Nijjer, Yep, Mayor Pacheco. Motion passes 4-0-1.

B. SUBJECT: Community Organization Grant Program Application – S.B.F. Kerman Portuguese Hall (TJ)
RECOMMENDATION: Council by motion adopt resolution approving up to $1,000 to the S.B.F.

Kerman Portuguese Hall to Defray City-Related Costs for the 2024 Portuguese Parade. – Res. 24-28
Motion made by Council Member Herrera, Seconded by Council Member Yep. Voting Yea:

Herrera, Yep, Nijjer, Mayor Pacheco. Motion passes 4-0-1.

C. SUBJECT: Approval of Independent Instructor Agreement with Luisa Aguirre to instruct feebased Zumba classes for the Parks, Recreation and Community Services Department (TJ) 8 Section 5, Item A.

RECOMMENDATION: Council by motion adopt resolution approving Independent Instructor Agreement with Luisa Aguirre to instruct fee-based Zumba classes and authorizing City Manager to execute contract. – Res. 24-29
Motion made by Council Member Herrera, Seconded by Council Member Yep. Voting Yea:

Herrera, Yep, Nijjer, Mayor Pacheco. Motion passes 4-0-1.

8. CITY MANAGER/STAFF COMMUNICATIONS

9. MAYOR/COUNCIL REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS

10. CLOSED SESSION - 6:56 p.m.

A. A. Pursuant to Government Code Section 54957.6

CONFERENCE WITH LABOR NEGOTIATORS
Agency Designated Representatives: City Manager
Employee Organization: Kerman Miscellaneous Employees Association B. A. Pursuant to Government Code Section 54957.6

CONFERENCE WITH LABOR NEGOTIATORS
Agency Designated Representatives: City Manager
Employee Organization: Kerman Peace Officers Association 8:14 p.m. reconvene from closed session with no reportable action. 4 members present.

11. ADJOURNMENT - 8:14 p.m.

MINUTES CERTIFICATION
I, Josie Camacho, Interim City Clerk for the City of Kerman, do hereby declare under penalty of perjury that the above minutes are a true depiction of all actions taken at the City Council meeting held on the first date written above at Kerman City Hall, 850 S. Madera Ave, Kerman, CA.

Date: April 11, 2024 /s/ Josie Camacho, Interim City Clerk 9 Section 5, Item A.

Accounts Payable
User:

Printed:
vsandoval
4/15/2024 1:54 PM
Checks by Date - Summary by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
29065 11387 LUISA AGUIRRE 04/04/2024 549.50
29066 10021 ALERT O LITE 04/04/2024 526.88
29067 10645 ALPHAGRAPHICS 04/04/2024 990.42
29068 12578 MARISSA ALVAREZ 04/04/2024 110.00
29069 12544 AMERICAN PAVING CO 04/04/2024 194,335.67
29070 12537 AMERITAS GROUP INSURANCE CORP- DENTAL CLAIMS 04/04/2024 3,091.76 29071 10035 AQUA NATURAL SOLUTIONS 04/04/2024 997.42
29072 11355 BADGER METER 04/04/2024 270.76
29073 12470 SANTOS CAMACHO 04/04/2024 150.00
29074 10103 COLONIAL LIFE 04/04/2024 603.26
29075 11498 COMCAST CABLE COMMUNICATIONS MANAGEMENT LLC 04/04/2024 728.31 29076 10114 CROWN SHORT LOAD CONCRETE 04/04/2024 657.12 29077 10128 DEPARTMENT OF JUSTICE 04/04/2024 210.00
29078 10458 RAUL HERRERA ECN POLYGRAPH AND INVESTIGATIONS 04/04/2024 250.00 29079 12019 ELITE UNIFORMS 04/04/2024 234.00
29080 10800 FRESNO OXYGEN #5 04/04/2024 149.70
29081 12379 GILL CHEVROLET 04/04/2024 308.33
29082 11358 GREAT AMERICA FINANCIAL SERVICES04/04/2024 411.17 29083 12485 HIGHLY ADDICTIVE CANDY 04/04/2024 48.00
29084 10514 ICAD INC 04/04/2024 1,220.00
29085 12482 MADERA QUEEN HONEY 04/04/2024 34.00
29086 10260 METRO UNIFORM & ACCESSORIES 04/04/2024 746.74 29087 10282 OFFICE DEPOT 04/04/2024 63.47
29088 10289 P.G.& E. 04/04/2024 5,597.49
29089 12523 PAMOIST PET HOSPITAL 04/04/2024 575.00
29090 10315 QUINN COMPANY 04/04/2024 715.14
29091 10316 R G EQUIPMENT OF FRESNO INC 04/04/2024 371.35 29092 12524 R&S ERECTION TRI-COUNTY INC 04/04/2024 3,735.00 29093 12524 R&S ERECTION TRI-COUNTY INC 04/04/2024 7,860.00 29094 10327 SAFETY KLEEN SYSTEMS INC 04/04/2024 417.69
29095 12503 SCHAAD FAMILY ALMONDS 04/04/2024 18.00
29096 10862 SIGNMAX 04/04/2024 100.87
29097 11650 SITEONE LANDSCAPE SUPPLY, LLC 04/04/2024 2,423.88 29098 12368 SPECIALTY HOSE EXPRESS LLC 04/04/2024 219.68 29099 10357 TAYLOR MADE IRRIGATION 04/04/2024 341.80
29100 12272 TEMPLO DE MISERICORDIA Y REPOSO04/04/2024 225.00 29101 11502 TIREHUB LLC 04/04/2024 782.67
29102 10382 UNITED RENTALS NORTH AMERICA INC04/04/2024 332.78 29103 12577 WARUNG MIE 04/04/2024 282.00
29104 10406 WEST HILLS OIL INC 04/04/2024 1,495.85
29105 12575 STEVE WILKINS 04/04/2024 95.00
29106 BP-CENT1 CENTURY COMMUNITIES 04/04/2024 96.03
29107 UB*01807 LUIS GARCIA 04/04/2024 146.01
29108 UB*01803 EDWARD GONZALEZ 04/04/2024 196.01
29109 UB*01802 JESUS GONZALEZ 04/04/2024 49.99
29110 UB*01804 MAJOR MANN 04/04/2024 228.29
29111 UB*01806 STANLEY L & ESTHER MERCER 04/04/2024 250.26 AP Checks by Date - Summary by Check Date (4/15/2024 1:54 PM) Page 1 10 Section 5, Item B.

Check No Vendor No Vendor Name Check Date Check Amount
29112 UB*01800 JESUS MIRANDA 04/04/2024 150.00
29113 UB*01801 BERTA REAGIN 04/04/2024 166.40
29114 UB*01799 JAQUELINE RUIZ 04/04/2024 130.19
Total for 4/4/2024: 233,688.89
ACH 10147 EMPLOYMENT DEVELOPMENT DEPARTMENT 04/05/2024 7,747.25 ACH 10517 FEDERAL TAXES PAYROLL 04/05/2024 50,298.69
ACH 10518 KERMAN POLICE OFFICERS ASSN 04/05/2024 769.75 ACH 10519 KERMAN MUNICIPAL EMPLOYEES ASSN04/05/2024 307.50 ACH 10520 ICMA-RC 04/05/2024 1,724.40
Total for 4/5/2024: 60,847.59
29115 10021 ALERT O LITE 04/11/2024 611.16
29116 12530 APOLLO HEALTH INC 04/11/2024 300.00
29117 10035 AQUA NATURAL SOLUTIONS 04/11/2024 1,994.84
29118 10056 BOGIE'S PUMP SYSTEMS 04/11/2024 625.00
29119 10617 C A REDING CO INC 04/11/2024 153.84
29120 10067 CALIFORNIA BUILDING STANDARDS 04/11/2024 124.20 29121 12579 CITY OF COALINGA 04/11/2024 1,787.06
29122 10108 COOKS COMMUNICATIONS CORP 04/11/2024 2,238.79 29123 10126 DEPARTMENT OF CONSERVATION 04/11/2024 241.95 29124 12521 EDIS 04/11/2024 30,672.99
29125 10144 ELBERT DISTRIBUTING INC 04/11/2024 1,766.20 29126 11832 EPIC BUSINESS ESSENTIALS LLC 04/11/2024 52.55 29127 10988 FRESNO COUNTY EDC 04/11/2024 1,500.00
29128 11550 FRESNO COUNTY SHERIFFS OFFICE - CIVIL UNIT 04/11/2024 137.00 29129 10162 FRESNO COUNTY TREASURER 04/11/2024 23,095.11 29130 10169 FRESNO PET CEMETERY 04/11/2024 267.20
29131 12379 GILL CHEVROLET 04/11/2024 579.97
29132 10233 KERMAN CHAMBER OF COMMERCE 04/11/2024 600.00 29133 10239 KERWEST INC 04/11/2024 242.00
29134 12112 LG ELECTRIC 04/11/2024 550.00
29135 11965 MISSION UNIFORM SERVICE 04/11/2024 2,386.75 29136 10282 OFFICE DEPOT 04/11/2024 712.09
29137 10289 P.G.& E. 04/11/2024 2,874.78
29138 10305 PITNEY BOWES BANK INC PURCHASE 04/11/2024 1,226.82 29139 10315 QUINN COMPANY 04/11/2024 1,238.80
29140 11714 ROD CARSEY 04/11/2024 1,084.48
29141 11506 SCA OF CA LLC 04/11/2024 10,031.50
29142 10332 SEBASTIAN 04/11/2024 3,248.00
29143 10862 SIGNMAX 04/11/2024 259.78
29144 10337 SLUMBERGER LUMBER 04/11/2024 1,768.90
29145 12054 SPARKLETTS 04/11/2024 235.71
29146 12368 SPECIALTY HOSE EXPRESS LLC 04/11/2024 334.58 29147 11907 SPRINGBROOK HOLDING COMPANY LLC04/11/2024 1,629.00 29148 12580 TEAMCALIFORNIA ECONOMIC DEVELPMENT CORPORATION 04/11/2024 625.00 29149 10374 TRI TECH FORENSICS INC 04/11/2024 47.90
29150 10168 UNITY IT 04/11/2024 5,355.48
29151 11370 VALLEY LUBE EQUIPMENT 04/11/2024 675.74
29152 12290 VERIZON 04/11/2024 1,364.40
29153 10401 WALLYS TIRE AND WHEEL 04/11/2024 81.24
Total for 4/11/2024: 102,720.81
AP Checks by Date - Summary by Check Date (4/15/2024 1:54 PM) Page 2 11 Section 5, Item B.

Check No Vendor No Vendor Name Check Date Check Amount
Report Total (94 checks): 397,257.29
AP Checks by Date - Summary by Check Date (4/15/2024 1:54 PM) Page 3 12 Section 5, Item B.

CITY OF KERMAN

PAYROLL REPORT

RETRO PAY GROSS COMP TIME
EMPLOYEE SALARY & Other HOURS AMOUNT HOURS AMOUNT HOURS AMOUNT SALARY EARNED

ADMINISTRATION
Alvarez, Josefina $ 3,748.31 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,748.31 0.00 Camacho, Josie $ 3,219.85 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,219.85 6.00 Cheema, Akayla $ 2,804.31 $ - 10.16 $ 531.42 0.00 $ - 0.00 $ - $ 3,335.72 0.00 Garcia, Alex $ 1,584.62 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,584.62 0.38 Gonzalez, Diana $ 3,730.97 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,730.97 0.00 Jansons, John $ 7,012.54 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 7,012.54 0.00 Leon, Ulysa $ 1,584.62 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,584.62 0.38 Linares, Vanessa $ 1,793.69 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,793.69 0.00 Lopez, Jacqueline $ 2,431.54 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,431.54 0.75 Mendoza Hernandez, Ariana 2,009.23$ -$ 8.50 312.25$ 0.00 -$ 0.00 -$ $ 2,321.48 0.00 Sandoval, Veronica 1,793.69$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 1,793.69 0.00 Santana Zamudio, Dalia 1,029.62$ -$ 3.00 110.21$ 0.00 -$ 0.00 -$ $ 1,139.82 0.00 TOTAL 32,742.97$ $ - $21.66 $ 953.88 $ - -$ $ - -$ $ 33,696.84 7.50$

REC/SOCIAL
Acosta-Parra, Melany 164.00$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 164.00 0.00 Aguilar, Corina -$ -$ 0.00 -$ 0.00 -$ 0.00 -$ -$ 0.00
Argumedo-Vargas, Frank -$ -$ 0.00 -$ 0.00 -$ 0.00 -$ -$ 0.00 Arredondo, Raquel 224.00$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 224.00 0.00 Bankston, Jacob 16.00$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 16.00 6.75 Barrett, Shannon 2,019.13$ 274.51$ 0.00 -$ 0.00 -$ 0.00 -$ $ 2,293.64 0.00 Beltran, Isabelle -$ -$ 0.00 -$ 0.00 -$ 0.00 -$ -$ 0.00 Brar, Manreet 176.00$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 176.00 0.00 Burdine-Slaven, Jeanna 2,332.15$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 2,332.15 0.00 Chouhan, Arnoop 136.00$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 136.00 0.00 Chouhan, Gurnoor 136.00$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 136.00 0.00 Cruz Paramo, Xitlali -$ -$ 0.00 -$ 0.00 -$ 0.00 -$ -$ 0.00 Escamilla, Paloma 184.00$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 184.00 0.00 Flores, Haley 1,979.54$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 1,979.54 0.00 Garcia, Anthony 1,778.31$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 1,778.31 0.00 Gonzalez Corrales, Aleena 64.00$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 64.00 0.00 Hurlbert, Ronald 388.00$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 388.00 0.00 Jauriqui, Jose 594.00$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 594.00 0.00 Johnson, Theresa 3,343.54$ $1,646.77 0.00 -$ 0.00 -$ 0.00 -$ $ 4,990.31 0.00 Leon Morales, Yesenia 592.00$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 592.00 0.00 Lemm, Kylie -$ -$ 0.00 -$ 0.00 -$ 0.00 -$ -$ 0.00
Lua, Daniela -$ -$ 0.00 -$ 0.00 -$ 0.00 -$ -$ 0.00
Lua, Joshua -$ -$ 0.00 -$ 0.00 -$ 0.00 -$ -$ 0.00
Lua, Miguelangel -$ -$ 0.00 -$ 0.00 -$ 0.00 -$ -$ 0.00
Lujan, Vanessa 408.00$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 408.00 0.00 Manriquez Valdovinos, Ema 1,663.08$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 1,663.08 0.00 Martinez, Aylah 639.38$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 639.38 0.00 Martinez, Jeness 48.00$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 48.00 0.00 Naranjo, Alexander -$ -$ 0.00 -$ 0.00 -$ 0.00 -$ -$ 0.00 Nazaroff, Rebekah -$ -$ 0.00 -$ 0.00 -$ 0.00 -$ -$ 0.00 Negrete, Dean 1,960.62$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 1,960.62 0.00 Pena, Alexis -$ -$ 0.00 -$ 0.00 -$ 0.00 -$ -$ 0.00
Pena, Mercedes -$ -$ 0.00 -$ 0.00 -$ 0.00 -$ -$ 0.00
Ruiz, Rosalba 627.00$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 627.00 0.00 Salvador, Mark 3,270.18$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 3,270.18 0.00 Sidhu, Nirmal 2,400.30$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 2,400.30 0.00 OVERTIME HOLIDAY at 1/2 STANDBY
PAY PERIOD: March 17, 2024 - March 30, 2024

Page 1 of 3 ends

Section 5, Item C.

CITY OF KERMAN

PAYROLL REPORT

RETRO PAY GROSS COMP TIME
EMPLOYEE SALARY & Other HOURS AMOUNT HOURS AMOUNT HOURS AMOUNT SALARY EARNED OVERTIME HOLIDAY at 1/2 STANDBY
PAY PERIOD: March 17, 2024 - March 30, 2024
Silva, Jessica 290.40$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 290.40 0.00 Tovar, Jessica 224.00$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 224.00 0.00 Villarreal, Arlene 2,500.62$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 2,500.62 2.63 TOTAL 28,158.24$ $1,921.28 0.00 -$ 0.00 -$ 0.00 -$ $ 30,079.51 9.38 POLICE
Antuna, Miguel 3,247.98$ -$ 7.50 435.00$ 0.00 -$ 0.00 -$ $ 3,682.97 0.00 Arciga, Jose 3,736.23$ -$ 9.00 596.45$ 0.00 -$ 8.00 88.36$ $ 4,421.04 0.00 Barbosa, Isaias 190.41$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 190.41 0.00 Barcoma, Wilbert 5,142.47$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 5,142.47 0.00 Barra, Brenden 2,648.15$ -$ 0.00 -$ 0.00 -$ 8.00 61.56$ $ 2,709.72 4.50 Barrera, Eduardo 2,662.95$ -$ 13.00 618.19$ 0.00 -$ 0.00 -$ $ 3,281.14 0.00 Belding, Jeff 4,458.61$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 4,458.61 0.00 Castro, Jaclynn 2,598.67$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 2,598.67 0.00 Chapman, Tom 4,558.52$ -$ 2.00 160.57$ 0.00 -$ 0.00 -$ $ 4,719.09 0.00 Clark, Patrick 3,064.81$ 729.72$ 7.50 410.47$ 0.00 -$ 0.00 -$ $ 4,204.99 0.00 Cubillos, Munique 2,402.04$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 2,402.04 0.00 Cubillos, Theresa 3,308.12$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 3,308.12 0.00 Farr, Jonathan 2,536.17$ -$ 14.50 656.69$ 0.00 -$ 0.00 -$ $ 3,192.85 0.00 Garcia, Andrew 2,598.00$ -$ 26.00 $1,206.21 0.00 -$ 0.00 -$ $ 3,804.21 0.00 Gempis, Danzel 2,356.62$ -$ 8.00 336.66$ 0.00 -$ 0.00 -$ $ 2,693.27 0.00 Gutierrez, Gloria 2,296.24$ -$ 0.50 14.20$ 0.00 -$ 0.00 -$ $ 2,310.44 0.00 Gutierrez, Luis 2,381.62$ -$ 0.50 14.03$ 0.00 -$ 0.00 -$ $ 2,395.64 0.00 Inthasone, Bryant 2,474.31$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 2,474.31 0.00 Irazoqui, Mario 1,704.66$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 1,704.66 0.00 Lim, Jim 1,602.32$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 1,602.32 2.25 Lopez, Matt 552.50$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 552.50 0.00 Lozano, Daniel 2,325.18$ -$ 3.00 174.39$ 0.00 -$ 0.00 -$ $ 2,499.56 0.00 Mendoza, Sandra 3,995.15$ -$ 1.50 106.34$ 0.00 -$ 0.00 -$ $ 4,101.50 0.00 Nery De La Cruz, Fabiana 2,244.46$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 2,244.46 0.00 Ramirez, Victoria 1,808.70$ -$ 1.00 33.91$ 0.00 -$ 0.00 -$ $ 1,842.61 0.00 Roth, Adriana 2,598.67$ -$ 16.00 905.77$ 0.00 -$ 0.00 -$ $ 3,504.44 0.00 Ruiz, Jose 2,478.03$ -$ 10.00 431.34$ 0.00 -$ 0.00 -$ $ 2,909.38 0.00 Vasquez, Francisco 2,440.53$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 2,440.53 0.00 Velez, Bernice 1,906.50$ -$ 5.00 178.73$ 0.00 -$ 0.00 -$ $ 2,085.23 0.00 Wilkins, Steve 5,312.82$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 5,312.82 0.00 TOTAL: 81,631.42$ 729.72$ 125.00 $6,278.95 0.00 -$ 16.00 149.93$ $ 88,790.01 6.75

PUBLIC WORKS
Arrellano, Antonio 2,216.46$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 2,216.46 0.00 Barajas, Michael 3,762.85$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 3,762.85 0.00 Camacho, Armando 2,216.46$ -$ 1.00 40.62$ 0.00 -$ 0.00 -$ $ 2,257.08 0.00 Castro, Joseph 3,778.55$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 3,778.55 0.00 Cervantes, Pedro 1,743.85$ -$ 15.00 518.74$ 0.00 -$ 32.00 677.54$ $ 2,940.13 0.00 Cruz Villalobos, Eulises 1,663.08$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 1,663.08 0.00 Garcia, Destiny 2,151.33$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 2,151.33 0.00 Garcia, Guadalupe 1,934.92$ -$ 2.00 70.68$ 0.00 -$ 0.00 -$ $ 2,005.61 0.00 Garcia Pina, Gilberto 1,663.08$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 1,663.08 0.00 Gastelum, Humberto 3,270.18$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 3,270.18 0.00 Guizar, Jesus - FINAL PAY 1,338.00$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 1,338.00 0.00 Gutierrez Olivarez, Norberto 1,867.38$ -$ 0.00 -$ 0.00 -$ 0.00 -$ $ 1,867.38 0.00

Page 2 of 3 ends

Section 5, Item C.

CITY OF KERMAN

PAYROLL REPORT

RETRO PAY GROSS COMP TIME
EMPLOYEE SALARY & Other HOURS AMOUNT HOURS AMOUNT HOURS AMOUNT SALARY EARNED OVERTIME HOLIDAY at 1/2 STANDBY
PAY PERIOD: March 17, 2024 - March 30, 2024
Hernandez, Julian $ 2,108.92 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,108.92 0.00 Isaak, Denise $ 2,500.62 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,500.62 0.00 Jimenez, Gabriela $ 1,828.31 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 1,828.31 0.00 Kaur, Harmeen $ 2,437.08 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,437.08 6.75 Lopez, Josue $ 2,029.08 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,029.08 0.00 Morales, Andres $ 2,359.08 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,359.08 0.00 Ortiz, Carlos $ 2,324.46 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,324.46 0.00 Perez, Ruben Lopez $ 2,166.46 $ - 1.00 $ 40.62 0.00 $ - 0.00 $ - $ 2,207.08 0.00 Ramirez, Manuel $ 3,137.68 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,137.68 0.00 Sanchez, Daniel $ 3,114.71 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,114.71 3.00 Sanchez, Joseph $ 970.05 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 970.05 0.00 Soto, Samuel $ 2,236.77 $ - 30.00 $1,332.56 0.00 $ - 32.00 $ 874.71 $ 4,444.04 0.00 Tinoco, Alfonso $ 2,713.54 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,713.54 0.00 Valdivia, Blanco $ 50.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 50.00 0.00 TOTAL $57,582.88 $ - 49.00 $2,003.23 0.00 $ - 64.00 $1,552.25 $ 61,138.36 9.75

PLANNING
Belmonte, Ruth $ 2,464.77 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,464.77 5.25 Campos, Manuel $ 2,622.15 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 2,622.15 0.00 Gomez, Juliana $ 816.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 816.00 0.00 Meza, Isela $ 256.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 256.00 0.00 Orozco, Jesus $ 3,763.92 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 3,763.92 0.00 Zamora, Karina $ 816.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 816.00 0.00 TOTAL $10,738.85 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 10,738.85 5.25

PLANNING COUNCIL
Bandy, R 75.00$ Yep, G $ 125.00
Molloy, Cory 75.00$ Herrera, I $ 125.00
Nehring, K 75.00$ Nijjer, B $ 125.00
Felker, R 75.00$ Coleman, J $ 125.00
Bishop, S 75.00$ Pacheco, M $ 125.00
Total 375.00$ Total $ 625.00
GRAND TOTAL: $211,854.35 $2,651.00 195.66 $9,236.05 0.00 $0.00 80.00 $1,702.17 $225,443.57 38.63

Page 3 of 3 ends

Section 5, Item C.

Golman Sachs BK NY 615-030525-245 2.30% 7/26/17 7/26/22 98,000.00 (98,000.00) - - - Citibank Sioux Falls SD 615-030525-245 3.15% 8/14/18 8/15/22 98,000.00 (98,000.00) - - - Sallie Mae Bank 615-030525-245 2.65% 2/8/18 2/8/23 51,000.00 (51,000.00) - - - Synchrony Draper UT 615-030525-245 3.00% 4/20/18 4/20/23 96,000.00 (96,000.00) - - - Morgan Stanley Bank 615-030525-245 3.30% 7/12/18 7/12/23 240,000.00 (240,000.00) - - 3,927.45 Citibank 615-030525-245 3.30% 8/3/18 8/3/23 97,000.00 (97,000.00) - - 1,587.35 UBS Bank Salt Lake 615-030525-245 3.35% 10/5/18 10/5/23 98,000.00 (98,000.00) - - 1,097.34 Goldman Sachs Bank NY 615-030525-245 3.15% 2/6/19 2/6/24 48,000.00 (48,000.00) - - 1,512.00 Beal Bank USA Las Vegas Nev CFT 615-030525-245 1.55% 3/9/22 3/6/24 248,000.00 (248,000.00) - - 3,822.94 Ally Bank Sandy Utah 615-030525-245 2.55% 4/28/22 4/29/24 205,000.00 205,000.00 204,505.95 2,620.91 American Express National Bank 615-030525-245 3.30% 6/29/22 7/1/24 245,000.00 245,000.00 243,689.25 4,053.58 Bank of America 615-030525-245 5.50% 11/8/24 5/8/25 243,000.00 243,000.00 244,074.06 - Bank of Wisonsin 615-030525-245 5.40% 9/27/23 4/2/25 248,000.00 248,000.00 248,753.92 5,576.93 Barclays Bank Del Retail 615-030525-245 2.85% 6/2/22 6/3/24 245,000.00 245,000.00 243,887.70 3,500.82 BMW Bank North Amer Salt Lake 615-030525-245 0.50% 9/25/20 9/25/25 249,000.00 249,000.00 233,088.90 1,248.41 Brookline Bank Mass 615-030525-245 5.30% 8/30/23 10/30/24 248,000.00 248,000.00 248,057.04 6,590.01 Capital One National Mclean 615-030525-245 3.30% 6/29/22 7/1/24 245,000.00 245,000.00 243,689.25 4,053.58 Capital One National National 615-030525-245 3.35% 6/29/22 6/30/25 245,000.00 245,000.00 240,026.50 4,114.99 Charles Schwab Bank 615-030525-245 5.20% 3/7/23 9/16/24 250,000.00 250,000.00 249,865.00 13,035.61 Customers Bank Phoenixville PA 615-030525-245 4.70% 2/16/23 8/16/24 250,000.00 250,000.00 249,327.50 11,750.00 Discover Bank Greenwood 615-030525-245 3.55% 9/20/22 9/22/25 245,000.00 245,000.00 240,063.25 8,721.33 Merrick Bank 615-030525-245 5.40% 9/27/23 4/4/25 248,000.00 248,000.00 248,761.36 5,576.93 Morgan Stanley Bank 615-030525-245 5.20% 8/30/23 3/3/25 243,000.00 243,000.00 243,216.27 6,335.31 Morgan Stanley Private National Bank 615-030525-245 4.80% 4/20/23 10/21/24 244,000.00 244,000.00 243,358.28 5,872.04 Pacific Member Bank Irvine 615-030525-245 5.00% 3/15/24 9/15/25 243,000.00 243,000.00 242,973.27 - State Bank of India 615-030525-245 1.10% 5/28/20 5/28/25 248,000.00 248,000.00 237,018.56 1,375.21 Synchrony Bank 615-030525-245 5.50% 11/3/23 5/5/25 243,000.00 243,000.00 244,095.93 - Wells Fargo Bank in Sioux Falls 615-030525-245 4.35% 10/14/22 10/15/24 249,000.00 249,000.00 247,722.63 8,131.06 Western Alliance Bank 615-030525-245 4.85% 4/13/23 10/21/24 244,000.00 244,000.00 243,329.00 5,933.21 US Government Bonds
Federal Home Loan Bank 615-030525-245 4.00% 9/23/22 9/23/24 500,000.00 500,000.00 496,965.00 20,000.00 Federal Home Loan Bank 615-030525-245 5.05% 1/30/23 1/28/25 500,000.00 500,000.00 497,950.00 25,109.72 Federal Home Loan Bank 615-030525-245 5.10% 1/30/23 1/28/26 500,000.00 500,000.00 498,980.00 25,358.33 United Security Bank CD
United Security Bank 1317802 4.75% 2/2/24 2/2/26 250,000.00 250,000.00 250,000.00 - Average Rate 4.19%
Total CD's 5,738,000.00 892,000.00 - 6,630,000.00 6,583,398.62 181,099.90 16 Section 5, Item D.

CITY OF KERMAN
CD/Securities Portfolio
As of March 31, 2024 6/30/2023 6/30/2024 FY to Date
Interest Rate/ Opening Maturity Book Additions/ Book Interest Institution Account Number Trans. Date Date Date Balance (Deletions) Cashed In Balance Fair Value Paid Securities America Sweep Program
Beginning Balance - -
Transfers In/(Out) 7/6/23 269.84 269.84
7/13/23 243,927.45 243,927.45
7/14/23 12.06 12.06
7/17/23 890.26 890.26
7/28/23 (220,006.56) (220,006.56)
7/31/23 (25,093.05) (25,093.05)
7/31/23 34.06 34.06
8/4/23 98,587.35 98,587.35
8/8/23 1,028.62 1,028.62
8/15/23 933.15 933.15
8/17/23 5,826.71 5,826.71
8/30/23 (106,409.89) (106,409.89)
8/31/23 26.81 26.81
9/1-9/26/23 24,703.61 24,703.61
9/26/23 (24,729.46) (24,729.46)
10/1-10/31 112,157.47 112,157.47
10/30/23 (112,140.28) (112,140.28)
11/1-11/30 246,219.90 246,219.90
11/3/24 (18.15) (18.15)
11/8/23 (243,000.00) (243,000.00)
11/29/23 (3,219.50) (3,219.50)
12/1-12/31 6,594.11 6,594.11
12/1/23 (0.40) (0.40)
12/27/23 (6,593.54) (6,593.54)
1/2-1/17 16,499.25 16,499.25
1/30/24 (15,383.48) (15,383.48)
2/1-2/27 (1,116.34) (1,116.34)
2/29/24 7,415.64 7,415.64
3/1-3/31 (7,421.70) (7,421.70)
- (6.06) - (6.06) (6.06) -
Local Agency Investment Fund
Beginning Balance 98-10-400 12,165,605.11 12,165,605.11 - Interest 3.15% 7/14/23 95,517.05 95,517.05 95,517.05

3.59% 10/13/23 110,565.87 110,565.87 110,565.87

4.00% 1/12/24 124,287.89 124,287.89 124,287.89
Transfers In/(Out) -
3/21/24 5,000,000.00 5,000,000.00
-
Total - LAIF 3.58% 12,165,605.11 5,330,370.81 - 17,495,975.92 17,495,975.92 330,370.81 17 Section 5, Item D.

0.08% -
8,640,558.56 (4,994,938.10) - 3,645,620.46 3,645,620.46 5,061.90 Subtotal All City Investments 2.62% 26,544,163.67 1,227,432.71 - 27,771,596.38 27,724,995.00 516,532.61 26,544,163.67 1,227,426.65 - 27,771,590.32 27,724,988.94 516,532.61 Market Value Adjustment (46,601.38)
1,227,426.65
1,227,426.65
(0.00)
Total Investments
18 Section 5, Item D.

STAFF REPORT
MEETING DATE: April 24, 2024
PRESENTER: Jesus R. Orozco, Community Development Director SUBJECT: Annual Progress Report for the General Plan and Housing Element (JRO) RECOMMENDATION: Council by motion, adopt a resolution accepting the 2023 Annual Progress Report for the General Plan and Housing Element, and authorizing submittal to the State Department of Housing and Community Development and the Governor’s Office of Planning and Research including adopting a finding of a Categorical Exemption pursuant to Section 15306 of CEQA Guidelines.

EXECUTIVE SUMMARY:

Staff has completed the annual progress report for the City of Kerman’s General Plan and Housing Element for the calendar year 2023. Pursuant to Government Code Section 65400, local planning agencies are required to provide an Annual Progress Report to the California Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR) by April 1st of each year on the implementation status of the City’s General Plan and Housing Element for the prior calendar year. However, due to the City’s ongoing Housing Element update and Zoning Code update, the review and submittal of the APR has been delayed. On April 8, 2024, the Planning Commission adopted a resolution (Attachment ‘B’) recommending City Council review and accept the 2023 Annual Progress Report for the Kerman 2040 General Plan and Housing Element and authorize staff to submit said report to the corresponding state agencies, including adopting a finding of a Categorical Exemption pursuant to Section 15306 of CEQA Guidelines.

BACKGROUND:

Staff has completed the annual progress report (APR) for the Kerman 2040 General Plan and Housing Element for the calendar year 2023 and is presenting the report to the Planning Commission for review and recommendation of findings to the City Council. The purpose of the report is to track the General Plan and Housing Element implementation during each year. The APR needs to be submitted to the California Department of Housing and Community Development (HCD) and Office of Planning and Research (OPR) and HCD by April 1st of each year.

The APR provides local legislative bodies and the public with information regarding the implementation of the General Plan for their respective city. The APR also informs the public of the progress in meeting the community’s goals.
19 Section 5, Item E.

The APR fulfills statutory requirements to report certain housing information, including; the local agency’s progress in meeting its share of regional housing needs (i.e., applications, entitlements, building permits, and certificates of occupancy), certain rezoning and general plan amendment activities, actions taken towards completion of Housing Element programs, and local efforts to remove governmental constraints to the development of housing.

The attached HCD standardized (Exhibit ‘A’) APR represents the City’s activity for the calendar year of 2023. Some things to consider that may have directly or indirectly impacted the City’s ability to attain or meet the General Plan and Housing Element’s goals and policies:
 Competitive homebuyers market
 Rising interest rates
 Prohibitive materials costs
 Shortage of buildable sites (new or infill projects)
The APR attached largely accounts for the construction of single-family residences (SFRs) approved as part of two subdivision projects during the 2019 (Tract 6302) and 2020 (Tract 6236) calendar years, in addition to several in-fill lots and accessory dwelling unit (ADU) developments. Overall, 59 new units were permitted and 49 units were issued a final occupancy. Of those 59 units, 51 were SFRs, 3 were MFR, and 5 were accessory dwelling units.

Of note, during the 2023 calendar year, the City received and accepted two development applications (Whispering Falls & Crown-Schaad) which included an Annexation, General Plan Amendment, Prezone, Tentative Subdivision Map, and Development Plan for an approximate total of 281 SFR and 56 MF units for a total of 337 new units. It is anticipated that the development of said projects will begin construction as early as July 2025. 5th Cycle Planning Period
The City’s RHNA Allocation for the 5th cycle planning period was 909 units. The City facilitated the development of 384 moderate-income units when 202 units were allocated; an excess of 180 units for said RHNA income category. The City remains 614 units short in the Very Low, Low, and Above Moderate income categories despite facilitating the development of a 477 total during the planning period. Despite being 432 units short of the 909 RHNA allocated total, the City continues to work with members of the development community to facilitate and streamline housing of all income levels. Examples of the City’s housing incentives include; the adoption of pre-approved ADU plans, pre-approved duplex site plans for multi-family infill lots, deferred Development Impact Fees for residential projects, and capital improvement projects in proximity to future developable land.

General Plan Land Use Goals & Policies
The City of Kerman went through a comprehensive General Plan update in July 2020. The Kerman 2040 General Plan focused on updates to the required elements including; Land Use, Circulation, Housing, Conservation, Open Space, Parks and Recreation, Public Health and Safety, and Public Facilities and Services. The 2040 General Plan also incorporated an optional 20 Section 5, Item E.

Economic Development element, to address the economic opportunities and viability of the City.

The City strives to implement all aspects of the General Plan at the earliest opportunity. In particular, the City made progress towards and continues to implement the following goals and policies specific to residential development.

Goal
Policy
No.

Policy Name Goal / Policy
LU-2.3 Neighborhood
Atmosphere
The City shall continue to actively preserve Kerman’s
single-family residential neighborhood.

LU-2.4 Architectural
Character
During the development review process, the City shall
encourage new projects to incorporate high-quality site, architectural, and landscape design.

LU-3.1 Strong Community
Edge
The City shall develop and maintain a strong community
edge that clearly separates urban and agricultural uses, including through the use of man-made or natural barriers such as streets, railroads, and canals.

LU-3.3 Prevent Sprawl
Development
The City shall direct new development to areas that are contiguous to existing or approved development and
prevent sprawl development.

LU-7.2 Implementation
Program Monitoring
The City shall maintain and annually review the General Plan Implementation Programs. As part of this process,
the City shall update the prioritization of programs based on applicability, relevance, the timing of initiation, and availability of funding.

LU-7.4 Housing Element
Updates
As directed by the California Department of Housing and Community Development (HCD), the City will update and
implement a Housing Element that provides policy and
programs to encourage the provision of safe, welldesigned, accessible, sanitary, and affordable residential areas where people of all ages can live, work and play. This includes equitable distribution of parks and public
facilities to all residential areas consistent with legal requirements.

COS-5.3 Sustainable Building
Practices
The City shall promote sustainable building practices that incorporate a “whole systems” approach to design and
construction that consumes less energy, water, and other non-renewable resources, such as facilitating passive
ventilation and effective use of daylight.

PH-4.3 Building Regulations
for Seismic Safety
The City shall require all new development to be
constructed in accordance with the current seismic safety design standards at the time of initial building plan
submittal.
21 Section 5, Item E.

Regional Housing Needs Assessment (RHNA) – 5
th Cycle Summary
Progress toward achieving the mandated RHNA allocation is a key component of the annual Housing Element APR submitted to HCD and OPR. The RHNA establishes exactly how many new homes–and at what affordability levels–a jurisdiction is required to plan for within an eightyear planning cycle to address regional and State housing needs. Through the RHNA allocation, each jurisdiction is assigned its “fair share” of housing production at specified affordability levels. The 2023 APR for Kerman, and all jurisdictions within the Fresno Council of Governments (FCOG) (inclusive of Fresno County and eleven other county cities), falls within the 5th RHNA cycle extending from 2015 through the calendar year 2023.

The City’s RHNA allocation and progress for 2015-2023, 5th planning cycle is shown in the summary table below, which is taken directly from “Table B” of the APR provided in Exhibit ‘A’.

As identified in the table, 59 net new housing units were issued building permits in 2023, to be counted towards the City’s 909 total allocations for the 5th planning cycle.

Income Level
RHNA
Allocation
by Income
Level
(2015-
2023)
2015
&
2016
2017 2018 2019 2020 2021 2022 2023
Total
Units
to Date
(all
years)
Total
Remainin
g g
RHNA
by Income
Level
Very
Low
Deed
Restricted
238
1 237
Non-Deed
Restricted 1
Low
Deed
Restricted
211 5 1 6
13 198
Non-Deed
Restricted 1
Mode
rate
Deed
Restricted
202 34 37 384 -
Non-Deed
Restricted 9 58 58 21 94 81 59
Above Moderate 258 12 79 79
Total Kerman
RHNA Allocation
909
subtotals 48 96 78 21 94 81 59 418 614
22 Section 5, Item E.

Housing Element
State Housing Element Law (Government Code Section 65580, et seq.) mandates that local governments adequately plan to meet the existing and projected housing needs of all economic segments of the community. The City’s current Housing Element, incorporated as part of the Fresno County Multi-Jurisdictional Housing Element, was adopted on April 6, 2016, and addresses housing needs for the 2015-2023 projection period. The recently updated seven sections within the 2040 General Plans address the goals, policies, and programs, extracted from the 2015-2023 Multi-Jurisdiction Housing Element, that apply to the City. The table below addresses the Implementation Programs of the Housing Element as adopted in the Kerman 2040 General Plan Update.

Implementation Program Report
Program
Description
Objective Time frame
in H.E.

Status of Program
Implementation
Program A Review Annexation
Standards in
Memorandum of
Understanding
End of 2025 Ongoing – The City will meet and
confirm with the County and
required by the MOU adopted in
2021, to ensure the feasibility and
viability of urban development as
part of the Annexation and Prezoning process.

Program B Rezone and Provision of
Adequate Sites
End of 2025 Ongoing – the City will work with
property owners and developers
to maximize the development
ability of land through the
rezoning process.

Program C Monitoring of Residential
Capacity (No Net Loss)
End of 2025 Completed - City adopted an
ordinance to increase minimum
density to 20 units per acre.

Rezoned property site zoned Rural
Residential (RR) in city limits to
Multi-Family Residential.

Program D Lot Consolidation and
Lot Splits
End of 2025 Ongoing - as development occurs,
City will encourage lot
consolidation or lot splitting to
promote the efficient use of land
for residential development
pursuant to the Subdivision Map
Act.

Program E Affordable Housing
Incentives
End of 2025 Ongoing – The City will continue
to work with housing developers
to expand affordable housing
opportunities in the community.
23 Section 5, Item E.

Program F Farmworker Housing End of 2025 Ongoing – The City in 2019 adopted ordinance 19-01, relating
to Farmworker/Employee
Housing. The City will continue to
support developments that
provide housing for farmworkers
and their families.

Program G Regional Collaboration
on Housing
Opportunities
End of 2025 Ongoing – City of Kerman
continues to actively participate
on the MJHE committee. By
participating with MJHE members,
the City can explore opportunities
for further collaboration, and
make the best use of limited
resources.

Program H Water and Wastewater
Service
End of 2025 Ongoing – City continues to work
to address water supply and
infrastructure capacity limits and
grant priority to affordable
housing units.

Program I Housing Choice Vouchers By 2025 Ongoing – The City will make Housing Choice Voucher
information accessible to
residents, via the website and in
person. Referrals are made to
Housing Authorities
Program J Encourage and Facilitate
Accessory Units (Second
Units)
End of 2025 Ongoing – In 2018, the City
adopted an ordinance to allow
second units in all residential zone
districts by right, and streamline
permit processing. The City will
work on making standard ADU
plans available for construction by
2023 using grant assistance
monies.

Program K Monitor CUP
Requirement for
Multifamily and Mixed
Use Developments
End of 2025 Ongoing – The City is monitoring
CUP requirements to ensure it
does not impact mixed or
multifamily uses
Program L Fresno County
Homebuyer Assistance
Program (HAP)
End of 2025 Ongoing - City staff participates
with Fresno County’s Homebuyer
Assistance Program (HAP).

Brochures available at the counter
and periodic Utility newsletter.

Refer all inquiries to Fresno
County.
24 Section 5, Item E.

Program M First‐Time Homebuyer
Resources
End of 2025 Ongoing - City staff participates
with Fresno County’s First-Time
Homebuyer Assistance Program.

Brochures are available at the
counter and periodic Utility
newsletter. Refer all inquiries to
Fresno County.

Program N Code Enforcement Ongoing Ongoing – The City continues to use code enforcement and
substandard abatement processes
to bring substandard housing
units into compliance.

Program O Housing Rehabilitation
Programs
Ongoing Ongoing – The City participates
with both Fresno County Housing
Assistance Rehabilitation Program
(HARP) and USDA Home Repair
home repair loans/grants- City has
loan/grant packages for USDA on
staff to assist and promote via the
utility newsletters, counter
brochures, website.

Program P Fresno County Rental
Rehabilitation Program
(RRP)
End of 2025 Ongoing – The City provides
rehabilitation program resources
via periodic Utility newsletters
counter brochures. Referrals are
made to Fresno Count.

Program Q Preservation of Assisted
Housing at Risk of
Converting to Market
Rate
End of 2025 Ongoing – The City will contact
property owners and send notices
to tenants of their rights and
eligibility to obtain special Section
8 vouchers reserved for tenants of
converted HUD properties.

Program R Zoning Code
Amendments
End of 2025 Ongoing – The City adopted
ordinances 2019-01 and 2021-02
to address Farmworker/Employee
Housing. The City is working with
a strong consultant to update Title
17 of the Kerman Municipal Code
to comply with all administrative
and legislative requirements of
the Department of Housing and
Community Development
Department.

Program S Monitoring of Planning
and Development Fees
Ongoing Ongoing - The City will monitor
fee charges for housing
development and consider
25 Section 5, Item E.
incentives to facilitate affordable
housing-City waived Development
Impact Fees for an affordable
housing apartment project in
2017-Gateway Villa Apartments
61 units.

Program T Fair Housing Ongoing Ongoing – the City will work on an informational fair housing
resources brochure for the
counter, and public library and has
City website resources listed.

Program U Energy Conservation Ongoing Ongoing – The City will work on providing and promoting energy
conservation resources for new
and rehabilitated developments,
via brochures and information on
the website.

Conclusion
The General Plan and Housing Element annual reports describe the progress of the City’s ongoing efforts to implement and assess identified goals, policies, and objectives in the General Plan and Housing Element. Demonstration of ongoing compliance with State-required reporting ensures that the City maintains eligibility and competitiveness for ongoing grant funding opportunities that may help to implement these goals and policies. City staff will continue its proactive efforts to assist developers, semi-quasi and community groups, and residents achieve project approvals and streamlining building permit issuance.

ENVIRONMENTAL REVIEW:

The Project has been determined to be categorically exempt under the California Environmental Quality Act (CEQA) guidelines, Section 15306 (Information Collection) as it consists of basic data collection which does not result in a serious or major disturbance to an environmental resource. The APR is strictly for information-gathering purposes as required by Government Code Section 65400. Furthermore, none of the exceptions set forth in CEQA Guidelines Section 15300.2 apply to this Project.

FISCAL IMPACT:

None.

ATTACHMENTS:

A. Resolution w/Exhibits
B. Planning Commission Resolution
26 Section 5, Item E.

Attachment ‘A’
RESOLUTION NO. 24-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN ACCEPTING THE 2023 ANNUAL

PROGRESS REPORT FOR THE KERMAN GENERAL PLAN AND HOUSING ELEMENT AND AUTHORIZE

SUBMITTAL TO THE STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT AND THE GOVERNOR’S OFFICE OF PLANNING AND RESEARCH
WHEREAS, Government Code Section 65400 requires the planning agency to provide an annual report to the City Council regarding the progress towards implementation of the General Plan and Housing Element and submit an annual progress report by April 1 of each year to the State Department of Housing and Community Development and the Governor’s Office of Planning and Research; and
WHEREAS, planning staff had prepared a staff report regarding the progress and implementation of the General Plan, Housing Element, and Annual Progress Report for the calendar year 2023, utilizing the prescribed forms and instructions provided by the State Department of Housing and Community Development attached as Exhibit ‘A’; and WHEREAS, the City Council has considered the efforts undertaken by the City of Kerman to implement the General Plan and Housing Element through both public and private efforts; and WHEREAS, the City Council finds that the 2023 Annual Progress Report, which includes the General Plan and Housing Element annual progress report, is categorically exempt from California Environmental Quality Act (CEQA), Section 15306, Information Collection; and NOW, THEREFORE, the City Council of the City of Kerman, herby resolves as follows:

Section 1. The above recitals are true and correct and incorporated herein by reference.

Section 2. The City Council has reviewed and accepted the 2023 Annual Progress Report for the Kerman 2040 General Plan and Housing Element.

Section 3. The City Council authorizes staff to submit said report attached as Exhibit ‘A’ to the State Department of Housing and Community Development and the Governor’s Office of Planning and Research pursuant to Government Code Section 65400.

Section 4. This resolution is effective upon its adoption. 27 Section 5, Item E.

The foregoing resolution was adopted by the Kerman City Council at the regulary scheduled meeting held on the 24th day of April 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

The foregoing resolution is hereby approved.
_________________________
Maria Pacheco
Mayor
ATTEST:
__________________________
Josie Camacho
Interim City Clerk
28 Section 5, Item E.

Jurisdiction Kerman
Reporting Year 2023
Housing Element Planning Period 5th Cycle
Current Year
Deed Restricted 0
Non-Deed
Restricted 0
Deed Restricted 0
Non-Deed
Restricted 0
Deed Restricted 0
Non-Deed
Restricted 59
0 59
Units by Structure Type Entitled Permitted Completed
Single-family Attached 0 0 0
Single-family Detached 0 51 48
2 to 4 units per structure 0 3 0
5+ units per structure 0 0 0
Accessory Dwelling Unit 0 5 1
Mobile/Manufactured Home 0 0 0
Total 0 59 49
Infill Housing Developments and Infill Units Permitted # of Projects Units 3 3
54 56
3 337
0 0
0 0
(Jan. 1 - Dec. 31)
12/31/2015 - 12/31/2023
Number of SB 35 Streamlining Applications Approved
Very Low
Low
Moderate
Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions - Applications
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of SB 35 Streamlining Applications
Above Moderate
Indicated as Infill
Not Indicated as Infill
Building Permits Issued by Affordability Summary
Income Level
Exhibit 'A'
29 Section 5, Item E.

Income Rental Ownership Total
Very Low #N/A #N/A #N/A
Low #N/A #N/A #N/A
Moderate #N/A #N/A #N/A
Above Moderate #N/A #N/A #N/A
Total #N/A #N/A #N/A
Streamlining Provisions Used - Permitted Units # of Projects Units SB 9 (2021) - Duplex in SF Zone #VALUE! #VALUE!
SB 9 (2021) - Residential Lot Split #VALUE! #VALUE!
AB 2011 (2022) #VALUE! #VALUE!
SB 6 (2022) #VALUE! #VALUE!
SB 35 (2017) #VALUE! #VALUE!
Ministerial and Discretionary Applications # of Applications Units Ministerial 0 0
Discretionary 3 337
Density Bonus Applications and Units Permitted
Number of Applications Submitted Requesting a Density Bonus 0 Number of Units in Applications Submitted Requesting a Density Bonus 0 Number of Projects Permitted with a Density Bonus 0
Number of Units in Projects Permitted with a Density Bonus 0 Housing Element Programs Implemented and Sites Rezoned Count 22 0
Programs Implemented
Sites Rezoned to Accommodate the RHNA
Units Constructed - SB 35 Streamlining Permits
30 Section 5, Item E.

Jurisdiction Kerman ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 12/31/2015 - 12/31/2023
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining
2 3 4 6 7 8 9
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted
(see
instructions)
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome
Non Deed
Restricted
Above
ModerateIncome
Total PROPOSED
Units by Project
Total

APPROVED
Units by project
Total

DISAPPROVED
Units by Project
Please select
streamlining
provision/s the
application was
submitted pursuant
to.

Did the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Summary Row: Start Data Entry Below 0 0 0 0 0 337 0 337 0 0 020-160-36S,
020-160-18S,
020-160-19S
870 S Modoc
Ave Whispering Falls
TSM 2023-01,
ANX 2023-01,
GPA 2023-01,
REZ 2023-01
SFD O
1/5/2023
118 118 NONE No
020-160-36S,
020-160-18S,
020-160-19S
870 S Modoc
Ave Whispering Falls
TSM 2023-01,
ANX 2023-01,
GPA 2023-01,
REZ 2023-01
2 to 4 R
1/5/2023
56 56 NONE No
020-140-23S,
020-140-22S none Crown/Schaad
TSM 2023-02,
ANX 2023-02,
REZ 2023-02
SFD O
3/15/2023
163 163 NONE No
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 Table A
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bo Applica
10 Housing Development Applications Submitted
31 Section 5, Item E.

Jurisdiction Kerman ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 12/31/2015 - 12/31/2023
1 Projection Period 3 4
RHNA Allocation by
Income Level 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date (all years) Total Remaining
RHNA by Income
Level
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - - - 1 - - - -
Deed Restricted - - - 5 - 6 - - - -
Non-Deed Restricted - - - - 1 1 - - - -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - 34 37 58 21 94 81 59
Above Moderate 258 - - - 9 58 12 - - - - 79 179
909
- - - 48 96 78 21 94 81 59 477 614
5 6 7
Extremely low-Income
Need 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date Total Units
Remaining
119 - - - - - 1 - - - 1 118
VLI Deed Restricted
VLI Non Deed Restricted
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].
-
1 This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
384 Moderate
238
211
202
Please contact HCD if your data is different than the material supplied here 13 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
237
198
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.

Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.

Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).

Please Note: Table B does not currently contain data from Table F or Table F2 for prior years. You may login to the APR system to see Table B that contains this data. 32 Section 5, Item E.

Jurisdiction Kerman
Reporting Year 2023 (Jan. 1 - Dec. 31)
Total Award Amount
Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Accessory Dwelling Unit Design $20,000.00 $20,000.00
Mixed Use Conceptual Design $20,000.00 $20,000.00
Multi-family Conceptual Design $25,000.00 $25,000.00
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Tab Deed Restricted
Non-Deed Restricted
Deed Restricted
Non-Deed Restricted
Deed Restricted
Non-Deed Restricted
Deed Restricted
Non-Deed Restricted

L
Please update the status of the proposed uses listed in the entity’s application for funding a or 50515.03, as applicable.
$
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
33 Section 5, Item E.

Deed Restricted
Non-Deed Restricted
Deed Restricted
Non-Deed Restricted
Deed Restricted
Non-Deed Restricted
Deed Restricted
Non-Deed Restricted
Deed Restricted
Non-Deed Restricted
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
Moderate
Above Moderate
Total Units
Low
34 Section 5, Item E.

Total award amount is auto-populated based on amounts entered in rows 15-26. ble A2)
Current Year
0 0
0 0
0 0
0 0
Current Year
0 0

ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Completed
and the corresponding impact on housing within the region or jurisdiction, as applicable, categori 65,000.00
Task Status
Completed
In Progress
35 Section 5, Item E.
0 0
0 59
0 59
Current Year
0 0
0 0
0 49
0 49
36 Section 5, Item E.

Other
Funding Notes
None
None Tentative Completion date June 2024
None
ized based on the eligible uses specified in Section 50515.02 37 Section 5, Item E.

Table A2
2 3 5 6
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Entitlement
Date Approved # of Units issued
Entitlements
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0
023-431-31 543 ALMOND CT ResAddAlt 23-RES-0204 ADU O 0
023-112-03 390 S 2ND ST ResAddAlt 22-RES-0561 ADU O 0
023-343-35 605-615 S DEL NORTE AVE ResAddAlt 22-RES-0538 ADU O 0 023-232-05, 023-23215060 W D ST MFMultFamApt3bld 23-RES-0080 2 to 4 R 0 023--173-02B 15129 W E ST ResAddAlt 22-RES-0344 ADU O 0 020--382-02S 15790 W REGAL AVE SFTRACT6236 23-RES-0011 SFD O 0 020--381-04S 15816 W CRIMSON AVE SFTRACT6236 23-RES-0002 SFD O 0 023--145-01B 15371 W F ST ResAddAlt 22-RES-0547 SFD O 0 023-750-07S 14315 W SAN JOAQUIN AVE SFTRACT6302 23-RES-0180 SFD O 0 023-750-44S 193 S 16TH ST SFTRACT6302 23-RES-0229 SFD O 0 020--391-10S 108 N WALNUT AVE SFTRACT6236 23-RES-0004 SFD O 0 020--381-13S 15783 W REGAL AVE SFTRACT6236 23-RES-0009 SFD O 0 023-760-52S 164 S 16TH ST SFTRACT6302 23-RES-0123 SFD O 0 023-750-45S 183 S 16TH ST SFTRACT6302 23-RES-0219 SFD O 0 020--382-23S 15897 W ISABELLA AVE SFTRACT6236 23-RES-0282 SFD O 0 020--391-12S 130 N WALNUT AVE SFTRACT6236 23-RES-0006 SFD O 0 020--382-22S 15911 W ISABELLA AVE SFTRACT6236 23-RES-0279 SFD O 0 023-750-04S 14285 W SAN JOAQUIN AVE SFTRACT6302 23-RES-0228 SFD O 0 023-750-39S 14310 W SAN JOAQUIN AVE SFTRACT6302 23-RES-0134 SFD O 0 023-760-51S 154 S 16TH ST SFTRACT6302 23-RES-0124 SFD O 0 020--386-04S 241 N LUM AVE SFTRACT6236 23-RES-0281 SFD O 0 023-750-40S 14300 W SAN JOAQUIN AVE SFTRACT6302 23-RES-0133 SFD O 0 020--382-24S 15885 W ISABELLA AVE SFTRACT6236 23-RES-0278 SFD O 0 020--381-08S 174 N WALNUT AVE SFTRACT6236 23-RES-0031 SFD O 0 020--391-01S 15817 W CRIMSON AVE SFTRACT6236 23-RES-0001 SFD O 0 023-750-08S 14323 W SAN JOAQUIN AVE SFTRACT6302 23-RES-0188 SFD O 0 020--391-04S 15783 W CRIMSON AVE SFTRACT6236 23-RES-0273 SFD O 0 023-750-40S 14292 W SAN JOAQUIN AVE SFTRACT6302 23-RES-0194 SFD O 0 020--381-10S 15817 W REGAL AVE SFTRACT6236 23-RES-0032 SFD O 0 023-750-05S 14295 W SAN JOAQUIN AVE SFTRACT6302 23-RES-0220 SFD O 0 020--382-04S 15810 W REGAL AVE SFTRACT6236 23-RES-0013 SFD O 0 023-760-55S 194 S 16TH ST SFTRACT6302 23-RES-0231 SFD O 0 020--381-09S 184 N WALNUT AVE SFTRACT6236 23-RES-0286 SFD O 0 023-750-09S 14333 W SAN JOAQUIN AVE SFTRACT6302 23-RES-0135 SFD O 0 023-750-43S 14272 W SAN JOAQUIN AVE SFTRACT6302 23-RES-0230 SFD O 0 020--386-03S 229 N LUM AVE SFTRACT6236 23-RES-0285 SFD O 0 020--391-09S 96 N WALNUT AVE SFTRACT6236 23-RES-0003 SFD O 0 023-750-07S 14305 W SAN JOAQUIN AVE SFTRACT6302 23-RES-0218 SFD O 0 023-760-31S 245 S MCKENNA AVE SFTRACT6302 23-RES-0144 SFD O 0 020--382-21S 15923 W ISABELLA AVE SFTRACT6236 23-RES-0250 SFD O 0 020--382-01S 15780 W REGAL AVE SFTRACT6236 23-RES-0010 SFD O 0 023-750-38S 14320 W SAN JOAQUIN AVE SFTRACT6302 23-RES-0136 SFD O 0 020--386-01S 205 N LUM AVE SFTRACT6236 23-RES-0275 SFD O 0 023-760-53S 174 S 16TH ST SFTRACT6302 23-RES-0131 SFD O 0 020--381-07S 162 N WALNUT AVE SFTRACT6236 23-RES-0008 SFD O 0 020--382-19S 15949 W ISABELLA AVE SFTRACT6236 23-RES-0274 SFD O 0 020--391-11S 118 N WALNUT AVE SFTRACT6236 23-RES-0005 SFD O 0 023-760-54S 184 S 16TH ST SFTRACT6302 23-RES-0132 SFD O 0 020--382-18S 15948 W REGAL AVE SFTRACT6236 23-RES-0014 SFD O 0 020--381-01S 15782 W CRIMSON AVE SFTRACT6236 23-RES-0280 SFD O 0 020--383-06S 170 N ALMOND AVE SFTRACT6236 23-RES-0283 SFD O 0 023-750-42S 14282 W SAN JOAQUIN AVE SFTRACT6302 23-RES-0195 SFD O 0 020--382-26S 15859 W ISABELLA AVE SFTRACT6236 23-RES-0277 SFD O 0 020--382-03S 15800 W REGAL AVE SFTRACT6236 23-RES-0012 SFD O 0 023-203-11 872 S 3RD ST ResAddAlt 23-RES-0082 ADU O 0
023-750-02S 14257 W SAN JOAQUIN AVE SFTRACT6302 23-RES-0217 SFD O 0 020--381-06S 152 N WALNUT AVE SFTRACT6236 23-RES-0007 SFD O 0 0 0
1 4
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Project Identifier Unit Types Affordability by Household Incomes - Completed Entitlement 38 Section 5, Item E.

Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 8 9
Current APN Street Address Project Name+
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Building Permits
Date Issued
# of Units Issued
Building Permits
0 0 0 0 0 59 0 59
023-431-31 543 ALMOND CT ResAddAlt 1 7/31/2023 1
023-112-03 390 S 2ND ST ResAddAlt 1 5/31/2023 1
023-343-35 605-615 S DEL NORTE AVE ResAddAlt 1 3/30/2023 1 023-232-05, 023-23215060 W D ST MFMultFamApt3bld 3 3/7/2023 3 023--173-02B 15129 W E ST ResAddAlt 1 1/27/2023 1
020--382-02S 15790 W REGAL AVE SFTRACT6236 1 1/5/2023 1 020--381-04S 15816 W CRIMSON AVE SFTRACT6236 1 1/5/2023 1 023--145-01B 15371 W F ST ResAddAlt 1 5/24/2023 1
023-750-07S 14315 W SAN JOAQUIN AVE SFTRACT6302 1 4/27/2023 1 023-750-44S 193 S 16TH ST SFTRACT6302 1 5/23/2023 1
020--391-10S 108 N WALNUT AVE SFTRACT6236 1 1/5/2023 1
020--381-13S 15783 W REGAL AVE SFTRACT6236 1 1/5/2023 1 023-760-52S 164 S 16TH ST SFTRACT6302 1 3/30/2023 1
023-750-45S 183 S 16TH ST SFTRACT6302 1 6/6/2023 1
020--382-23S 15897 W ISABELLA AVE SFTRACT6236 1 6/19/2023 1 020--391-12S 130 N WALNUT AVE SFTRACT6236 1 1/5/2023 1
020--382-22S 15911 W ISABELLA AVE SFTRACT6236 1 6/19/2023 1 023-750-04S 14285 W SAN JOAQUIN AVE SFTRACT6302 1 6/5/2023 1 023-750-39S 14310 W SAN JOAQUIN AVE SFTRACT6302 1 4/4/2023 1 023-760-51S 154 S 16TH ST SFTRACT6302 1 3/30/2023 1
020--386-04S 241 N LUM AVE SFTRACT6236 1 6/19/2023 1
023-750-40S 14300 W SAN JOAQUIN AVE SFTRACT6302 1 4/4/2023 1 020--382-24S 15885 W ISABELLA AVE SFTRACT6236 1 6/19/2023 1 020--381-08S 174 N WALNUT AVE SFTRACT6236 1 1/31/2023 1 020--391-01S 15817 W CRIMSON AVE SFTRACT6236 1 1/5/2023 1 023-750-08S 14323 W SAN JOAQUIN AVE SFTRACT6302 1 5/12/2023 1 020--391-04S 15783 W CRIMSON AVE SFTRACT6236 1 6/19/2023 1 023-750-40S 14292 W SAN JOAQUIN AVE SFTRACT6302 1 5/9/2023 1 020--381-10S 15817 W REGAL AVE SFTRACT6236 1 1/31/2023 1 023-750-05S 14295 W SAN JOAQUIN AVE SFTRACT6302 1 6/6/2023 1 020--382-04S 15810 W REGAL AVE SFTRACT6236 1 1/5/2023 1 023-760-55S 194 S 16TH ST SFTRACT6302 1 6/5/2023 1
020--381-09S 184 N WALNUT AVE SFTRACT6236 1 6/19/2023 1 023-750-09S 14333 W SAN JOAQUIN AVE SFTRACT6302 1 4/4/2023 1 023-750-43S 14272 W SAN JOAQUIN AVE SFTRACT6302 1 6/5/2023 1 020--386-03S 229 N LUM AVE SFTRACT6236 1 6/19/2023 1
020--391-09S 96 N WALNUT AVE SFTRACT6236 1 1/5/2023 1
023-750-07S 14305 W SAN JOAQUIN AVE SFTRACT6302 1 6/6/2023 1 023-760-31S 245 S MCKENNA AVE SFTRACT6302 1 4/4/2023 1
020--382-21S 15923 W ISABELLA AVE SFTRACT6236 1 6/19/2023 1 020--382-01S 15780 W REGAL AVE SFTRACT6236 1 1/5/2023 1 023-750-38S 14320 W SAN JOAQUIN AVE SFTRACT6302 1 4/4/2023 1 020--386-01S 205 N LUM AVE SFTRACT6236 1 6/19/2023 1
023-760-53S 174 S 16TH ST SFTRACT6302 1 4/4/2023 1
020--381-07S 162 N WALNUT AVE SFTRACT6236 1 1/5/2023 1
020--382-19S 15949 W ISABELLA AVE SFTRACT6236 1 6/19/2023 1 7 Project Identifier Affordability by Household Incomes - Building Permits 39 Section 5, Item E.
020--391-11S 118 N WALNUT AVE SFTRACT6236 1 1/5/2023 1
023-760-54S 184 S 16TH ST SFTRACT6302 1 4/4/2023 1
020--382-18S 15948 W REGAL AVE SFTRACT6236 1 1/5/2023 1 020--381-01S 15782 W CRIMSON AVE SFTRACT6236 1 6/19/2023 1 020--383-06S 170 N ALMOND AVE SFTRACT6236 1 6/19/2023 1 023-750-42S 14282 W SAN JOAQUIN AVE SFTRACT6302 1 5/9/2023 1 020--382-26S 15859 W ISABELLA AVE SFTRACT6236 1 6/19/2023 1 020--382-03S 15800 W REGAL AVE SFTRACT6236 1 1/5/2023 1 023-203-11 872 S 3RD ST ResAddAlt 1 5/25/2023 1
023-750-02S 14257 W SAN JOAQUIN AVE SFTRACT6302 1 6/5/2023 1 020--381-06S 152 N WALNUT AVE SFTRACT6236 1 1/5/2023 1
0 0
40 Section 5, Item E.
020--382-19S 15949 W ISABELLA AVE SFTRACT6236 1 11/27/2023 1 020--391-11S 118 N WALNUT AVE SFTRACT6236 1 5/24/2023 1 023-760-54S 184 S 16TH ST SFTRACT6302 1 9/15/2023 1
020--382-18S 15948 W REGAL AVE SFTRACT6236 1 6/16/2023 1 020--381-01S 15782 W CRIMSON AVE SFTRACT6236 1 11/27/2023 1 020--383-06S 170 N ALMOND AVE SFTRACT6236 1 11/27/2023 1 023-750-42S 14282 W SAN JOAQUIN AVE SFTRACT6302 1 10/11/2023 1 020--382-26S 15859 W ISABELLA AVE SFTRACT6236 1 12/29/2023 1 020--382-03S 15800 W REGAL AVE SFTRACT6236 1 6/7/2023 1 023-203-11 872 S 3RD ST ResAddAlt 1 12/20/2023 1
023-750-02S 14257 W SAN JOAQUIN AVE SFTRACT6302 1 11/17/2023 1 020--381-06S 152 N WALNUT AVE SFTRACT6236 1 5/26/2023 1 0 0
41 Section 5, Item E.

Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 11 12
Current APN Street Address Project Name+
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
0 0 0 0 0 49 0 49
023-431-31 543 ALMOND CT ResAddAlt 0
023-112-03 390 S 2ND ST ResAddAlt 0
023-343-35 605-615 S DEL NORTE AVE ResAddAlt 0
023-232-05, 023-23215060 W D ST MFMultFamApt3bld 0
023--173-02B 15129 W E ST ResAddAlt 0
020--382-02S 15790 W REGAL AVE SFTRACT6236 0
020--381-04S 15816 W CRIMSON AVE SFTRACT6236 0
023--145-01B 15371 W F ST ResAddAlt 0
023-750-07S 14315 W SAN JOAQUIN AVE SFTRACT6302 1 10/4/2023 1 023-750-44S 193 S 16TH ST SFTRACT6302 1 11/17/2023 1
020--391-10S 108 N WALNUT AVE SFTRACT6236 1 5/24/2023 1 020--381-13S 15783 W REGAL AVE SFTRACT6236 1 6/2/2023 1 023-760-52S 164 S 16TH ST SFTRACT6302 1 8/9/2023 1
023-750-45S 183 S 16TH ST SFTRACT6302 1 11/17/2023 1
020--382-23S 15897 W ISABELLA AVE SFTRACT6236 1 12/1/2023 1 020--391-12S 130 N WALNUT AVE SFTRACT6236 1 5/19/2023 1 020--382-22S 15911 W ISABELLA AVE SFTRACT6236 1 12/1/2023 1 023-750-04S 14285 W SAN JOAQUIN AVE SFTRACT6302 1 10/28/2023 1 023-750-39S 14310 W SAN JOAQUIN AVE SFTRACT6302 1 8/28/2023 1 023-760-51S 154 S 16TH ST SFTRACT6302 1 8/9/2023 1
020--386-04S 241 N LUM AVE SFTRACT6236 1 12/1/2023 1
023-750-40S 14300 W SAN JOAQUIN AVE SFTRACT6302 1 8/30/2023 1 020--382-24S 15885 W ISABELLA AVE SFTRACT6236 1 12/1/2023 1 020--381-08S 174 N WALNUT AVE SFTRACT6236 1 5/7/2023 1
020--391-01S 15817 W CRIMSON AVE SFTRACT6236 1 6/19/2023 1 023-750-08S 14323 W SAN JOAQUIN AVE SFTRACT6302 1 9/1/2023 1 020--391-04S 15783 W CRIMSON AVE SFTRACT6236 1 11/27/2023 1 023-750-40S 14292 W SAN JOAQUIN AVE SFTRACT6302 1 10/6/2023 1 020--381-10S 15817 W REGAL AVE SFTRACT6236 1 6/2/2023 1 023-750-05S 14295 W SAN JOAQUIN AVE SFTRACT6302 1 10/23/2023 1 020--382-04S 15810 W REGAL AVE SFTRACT6236 1 6/7/2023 1 023-760-55S 194 S 16TH ST SFTRACT6302 1 11/17/2023 1
020--381-09S 184 N WALNUT AVE SFTRACT6236 1 12/1/2023 1 023-750-09S 14333 W SAN JOAQUIN AVE SFTRACT6302 1 8/28/2023 1 023-750-43S 14272 W SAN JOAQUIN AVE SFTRACT6302 1 11/17/2023 1 020--386-03S 229 N LUM AVE SFTRACT6236 1 12/1/2023 1
020--391-09S 96 N WALNUT AVE SFTRACT6236 1 5/19/2023 1
023-750-07S 14305 W SAN JOAQUIN AVE SFTRACT6302 1 10/23/2023 1 023-760-31S 245 S MCKENNA AVE SFTRACT6302 1 7/28/2023 1 020--382-21S 15923 W ISABELLA AVE SFTRACT6236 1 11/27/2023 1 020--382-01S 15780 W REGAL AVE SFTRACT6236 1 6/2/2023 1 023-750-38S 14320 W SAN JOAQUIN AVE SFTRACT6302 1 8/28/2023 1 020--386-01S 205 N LUM AVE SFTRACT6236 1 12/1/2023 1
023-760-53S 174 S 16TH ST SFTRACT6302 1 8/11/2023 1
020--381-07S 162 N WALNUT AVE SFTRACT6236 1 5/26/2023 1 Affordability by Household Incomes - Certificates of Occupancy 10 Project Identifier
42 Section 5, Item E.
020--391-11S 118 N WALNUT AVE SFTRACT6236 NONE N 149329 023-760-54S 184 S 16TH ST SFTRACT6302 NONE N 225752
020--382-18S 15948 W REGAL AVE SFTRACT6236 NONE N 149329 020--381-01S 15782 W CRIMSON AVE SFTRACT6236 NONE N 215727.94 020--383-06S 170 N ALMOND AVE SFTRACT6236 NONE N 225727.94 023-750-42S 14282 W SAN JOAQUIN AVE SFTRACT6302 NONE N 208977 020--382-26S 15859 W ISABELLA AVE SFTRACT6236 NONE N 225727.94 020--382-03S 15800 W REGAL AVE SFTRACT6236 NONE N 149329 023-203-11 872 S 3RD ST ResAddAlt NONE N 35000
023-750-02S 14257 W SAN JOAQUIN AVE SFTRACT6302 NONE N 227132 020--381-06S 152 N WALNUT AVE SFTRACT6236 NONE N 161329 43 Section 5, Item E.

Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction
13 14 15 16 17 18 19
Current APN Street Address Project Name+
How many of the
units were
Extremely Low
Income?
Please select the
streamlining
provision the project
was APPROVED
pursuant to. (may
select multiple)
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple -
see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
0 023-431-31 543 ALMOND CT ResAddAlt NONE N 40000
023-112-03 390 S 2ND ST ResAddAlt NONE Y 120000
023-343-35 605-615 S DEL NORTE AVE ResAddAlt NONE N 40000 023-232-05, 023-23215060 W D ST MFMultFamApt3bld NONE N 400000 023--173-02B 15129 W E ST ResAddAlt NONE Y 85000
020--382-02S 15790 W REGAL AVE SFTRACT6236 NONE N 178608 020--381-04S 15816 W CRIMSON AVE SFTRACT6236 NONE N 149329 023--145-01B 15371 W F ST ResAddAlt NONE Y 190000
023-750-07S 14315 W SAN JOAQUIN AVE SFTRACT6302 NONE N 206870 023-750-44S 193 S 16TH ST SFTRACT6302 NONE N 163336
020--391-10S 108 N WALNUT AVE SFTRACT6236 NONE N 161329 020--381-13S 15783 W REGAL AVE SFTRACT6236 NONE N 178608.08 023-760-52S 164 S 16TH ST SFTRACT6302 NONE N 187272
023-750-45S 183 S 16TH ST SFTRACT6302 NONE N 166365
020--382-23S 15897 W ISABELLA AVE SFTRACT6236 NONE N 225727.94 020--391-12S 130 N WALNUT AVE SFTRACT6236 NONE N 161329 020--382-22S 15911 W ISABELLA AVE SFTRACT6236 NONE N 225727.94 023-750-04S 14285 W SAN JOAQUIN AVE SFTRACT6302 NONE N 166365 023-750-39S 14310 W SAN JOAQUIN AVE SFTRACT6302 NONE N 153669 023-760-51S 154 S 16TH ST SFTRACT6302 NONE N 221336
020--386-04S 241 N LUM AVE SFTRACT6236 NONE N 147596.31 023-750-40S 14300 W SAN JOAQUIN AVE SFTRACT6302 NONE N 128573 020--382-24S 15885 W ISABELLA AVE SFTRACT6236 NONE N 209461.68 020--381-08S 174 N WALNUT AVE SFTRACT6236 NONE N 188608.08 020--391-01S 15817 W CRIMSON AVE SFTRACT6236 NONE N 149329 023-750-08S 14323 W SAN JOAQUIN AVE SFTRACT6302 NONE N 129115 020--391-04S 15783 W CRIMSON AVE SFTRACT6236 NONE N 215727.94 023-750-40S 14292 W SAN JOAQUIN AVE SFTRACT6302 NONE N 208977 020--381-10S 15817 W REGAL AVE SFTRACT6236 NONE N 178608.08 023-750-05S 14295 W SAN JOAQUIN AVE SFTRACT6302 NONE N 188616 020--382-04S 15810 W REGAL AVE SFTRACT6236 NONE N 149329 023-760-55S 194 S 16TH ST SFTRACT6302 NONE N 128573
020--381-09S 184 N WALNUT AVE SFTRACT6236 NONE N 215727.94 023-750-09S 14333 W SAN JOAQUIN AVE SFTRACT6302 NONE N 128597 023-750-43S 14272 W SAN JOAQUIN AVE SFTRACT6302 NONE N 144195 020--386-03S 229 N LUM AVE SFTRACT6236 NONE N 199461.68 020--391-09S 96 N WALNUT AVE SFTRACT6236 NONE N 178608.08 023-750-07S 14305 W SAN JOAQUIN AVE SFTRACT6302 NONE N 166365 023-760-31S 245 S MCKENNA AVE SFTRACT6302 NONE N 165981 020--382-21S 15923 W ISABELLA AVE SFTRACT6236 NONE N 225727.94 020--382-01S 15780 W REGAL AVE SFTRACT6236 NONE N 149329 023-750-38S 14320 W SAN JOAQUIN AVE SFTRACT6302 NONE N 153669 020--386-01S 205 N LUM AVE SFTRACT6236 NONE N 147596.31 023-760-53S 174 S 16TH ST SFTRACT6302 NONE N 206870
020--381-07S 162 N WALNUT AVE SFTRACT6236 NONE N 149329 020--382-19S 15949 W ISABELLA AVE SFTRACT6236 NONE N 215727.94 Housing with Financial Assistance
and/or Deed Restrictions Project Identifier
44 Section 5, Item E.
45 Section 5, Item E.
46 Section 5, Item E.

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

APPROVED
Units by project
Total

DISAPPROVED
Units by Project
Please select
streamlining
provision/s the
application was
submitted pursuant
to.

Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).

Please Note: Table B does not currently contain data from Table F or Table F2 for prior years. You may login to the APR system to see Table B that contains this data. 50 Section 5, Item E.

Total award amount is auto-populated based on amounts entered in rows 15-26. ble A2)
Current Year
0 0
0 0
0 0
0 0
Current Year
0 0

ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Completed
and the corresponding impact on housing within the region or jurisdiction, as applicable, categori 65,000.00
Task Status
Completed
In Progress
53 Section 5, Item E.
0 0
0 59
0 59
Current Year
0 0
0 0
0 49
0 49
54 Section 5, Item E.

Other
Funding Notes
None
None Tentative Completion date June 2024
None
ized based on the eligible uses specified in Section 50515.02 55 Section 5, Item E.

Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 8 9
Current APN Street Address Project Name+
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Building Permits
Date Issued
# of Units Issued
Building Permits
0 0 0 0 0 59 0 59
023-431-31 543 ALMOND CT ResAddAlt 1 7/31/2023 1
023-112-03 390 S 2ND ST ResAddAlt 1 5/31/2023 1
023-343-35 605-615 S DEL NORTE AVE ResAddAlt 1 3/30/2023 1 023-232-05, 023-23215060 W D ST MFMultFamApt3bld 3 3/7/2023 3 023--173-02B 15129 W E ST ResAddAlt 1 1/27/2023 1
020--382-02S 15790 W REGAL AVE SFTRACT6236 1 1/5/2023 1 020--381-04S 15816 W CRIMSON AVE SFTRACT6236 1 1/5/2023 1 023--145-01B 15371 W F ST ResAddAlt 1 5/24/2023 1
023-750-07S 14315 W SAN JOAQUIN AVE SFTRACT6302 1 4/27/2023 1 023-750-44S 193 S 16TH ST SFTRACT6302 1 5/23/2023 1
020--391-10S 108 N WALNUT AVE SFTRACT6236 1 1/5/2023 1
020--381-13S 15783 W REGAL AVE SFTRACT6236 1 1/5/2023 1 023-760-52S 164 S 16TH ST SFTRACT6302 1 3/30/2023 1
023-750-45S 183 S 16TH ST SFTRACT6302 1 6/6/2023 1
020--382-23S 15897 W ISABELLA AVE SFTRACT6236 1 6/19/2023 1 020--391-12S 130 N WALNUT AVE SFTRACT6236 1 1/5/2023 1
020--382-22S 15911 W ISABELLA AVE SFTRACT6236 1 6/19/2023 1 023-750-04S 14285 W SAN JOAQUIN AVE SFTRACT6302 1 6/5/2023 1 023-750-39S 14310 W SAN JOAQUIN AVE SFTRACT6302 1 4/4/2023 1 023-760-51S 154 S 16TH ST SFTRACT6302 1 3/30/2023 1
020--386-04S 241 N LUM AVE SFTRACT6236 1 6/19/2023 1
023-750-40S 14300 W SAN JOAQUIN AVE SFTRACT6302 1 4/4/2023 1 020--382-24S 15885 W ISABELLA AVE SFTRACT6236 1 6/19/2023 1 020--381-08S 174 N WALNUT AVE SFTRACT6236 1 1/31/2023 1 020--391-01S 15817 W CRIMSON AVE SFTRACT6236 1 1/5/2023 1 023-750-08S 14323 W SAN JOAQUIN AVE SFTRACT6302 1 5/12/2023 1 020--391-04S 15783 W CRIMSON AVE SFTRACT6236 1 6/19/2023 1 023-750-40S 14292 W SAN JOAQUIN AVE SFTRACT6302 1 5/9/2023 1 020--381-10S 15817 W REGAL AVE SFTRACT6236 1 1/31/2023 1 023-750-05S 14295 W SAN JOAQUIN AVE SFTRACT6302 1 6/6/2023 1 020--382-04S 15810 W REGAL AVE SFTRACT6236 1 1/5/2023 1 023-760-55S 194 S 16TH ST SFTRACT6302 1 6/5/2023 1
020--381-09S 184 N WALNUT AVE SFTRACT6236 1 6/19/2023 1 023-750-09S 14333 W SAN JOAQUIN AVE SFTRACT6302 1 4/4/2023 1 023-750-43S 14272 W SAN JOAQUIN AVE SFTRACT6302 1 6/5/2023 1 020--386-03S 229 N LUM AVE SFTRACT6236 1 6/19/2023 1
020--391-09S 96 N WALNUT AVE SFTRACT6236 1 1/5/2023 1
023-750-07S 14305 W SAN JOAQUIN AVE SFTRACT6302 1 6/6/2023 1 023-760-31S 245 S MCKENNA AVE SFTRACT6302 1 4/4/2023 1
020--382-21S 15923 W ISABELLA AVE SFTRACT6236 1 6/19/2023 1 020--382-01S 15780 W REGAL AVE SFTRACT6236 1 1/5/2023 1 023-750-38S 14320 W SAN JOAQUIN AVE SFTRACT6302 1 4/4/2023 1 020--386-01S 205 N LUM AVE SFTRACT6236 1 6/19/2023 1
023-760-53S 174 S 16TH ST SFTRACT6302 1 4/4/2023 1
020--381-07S 162 N WALNUT AVE SFTRACT6236 1 1/5/2023 1
020--382-19S 15949 W ISABELLA AVE SFTRACT6236 1 6/19/2023 1 7 Project Identifier Affordability by Household Incomes - Building Permits 57 Section 5, Item E.
020--391-11S 118 N WALNUT AVE SFTRACT6236 1 1/5/2023 1
023-760-54S 184 S 16TH ST SFTRACT6302 1 4/4/2023 1
020--382-18S 15948 W REGAL AVE SFTRACT6236 1 1/5/2023 1 020--381-01S 15782 W CRIMSON AVE SFTRACT6236 1 6/19/2023 1 020--383-06S 170 N ALMOND AVE SFTRACT6236 1 6/19/2023 1 023-750-42S 14282 W SAN JOAQUIN AVE SFTRACT6302 1 5/9/2023 1 020--382-26S 15859 W ISABELLA AVE SFTRACT6236 1 6/19/2023 1 020--382-03S 15800 W REGAL AVE SFTRACT6236 1 1/5/2023 1 023-203-11 872 S 3RD ST ResAddAlt 1 5/25/2023 1
023-750-02S 14257 W SAN JOAQUIN AVE SFTRACT6302 1 6/5/2023 1 020--381-06S 152 N WALNUT AVE SFTRACT6236 1 1/5/2023 1
0 0
58 Section 5, Item E.
020--382-19S 15949 W ISABELLA AVE SFTRACT6236 1 11/27/2023 1 020--391-11S 118 N WALNUT AVE SFTRACT6236 1 5/24/2023 1 023-760-54S 184 S 16TH ST SFTRACT6302 1 9/15/2023 1
020--382-18S 15948 W REGAL AVE SFTRACT6236 1 6/16/2023 1 020--381-01S 15782 W CRIMSON AVE SFTRACT6236 1 11/27/2023 1 020--383-06S 170 N ALMOND AVE SFTRACT6236 1 11/27/2023 1 023-750-42S 14282 W SAN JOAQUIN AVE SFTRACT6302 1 10/11/2023 1 020--382-26S 15859 W ISABELLA AVE SFTRACT6236 1 12/29/2023 1 020--382-03S 15800 W REGAL AVE SFTRACT6236 1 6/7/2023 1 023-203-11 872 S 3RD ST ResAddAlt 1 12/20/2023 1
023-750-02S 14257 W SAN JOAQUIN AVE SFTRACT6302 1 11/17/2023 1 020--381-06S 152 N WALNUT AVE SFTRACT6236 1 5/26/2023 1 0 0
59 Section 5, Item E.

Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 11 12
Current APN Street Address Project Name+
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
0 0 0 0 0 49 0 49
023-431-31 543 ALMOND CT ResAddAlt 0
023-112-03 390 S 2ND ST ResAddAlt 0
023-343-35 605-615 S DEL NORTE AVE ResAddAlt 0
023-232-05, 023-23215060 W D ST MFMultFamApt3bld 0
023--173-02B 15129 W E ST ResAddAlt 0
020--382-02S 15790 W REGAL AVE SFTRACT6236 0
020--381-04S 15816 W CRIMSON AVE SFTRACT6236 0
023--145-01B 15371 W F ST ResAddAlt 0
023-750-07S 14315 W SAN JOAQUIN AVE SFTRACT6302 1 10/4/2023 1 023-750-44S 193 S 16TH ST SFTRACT6302 1 11/17/2023 1
020--391-10S 108 N WALNUT AVE SFTRACT6236 1 5/24/2023 1 020--381-13S 15783 W REGAL AVE SFTRACT6236 1 6/2/2023 1 023-760-52S 164 S 16TH ST SFTRACT6302 1 8/9/2023 1
023-750-45S 183 S 16TH ST SFTRACT6302 1 11/17/2023 1
020--382-23S 15897 W ISABELLA AVE SFTRACT6236 1 12/1/2023 1 020--391-12S 130 N WALNUT AVE SFTRACT6236 1 5/19/2023 1 020--382-22S 15911 W ISABELLA AVE SFTRACT6236 1 12/1/2023 1 023-750-04S 14285 W SAN JOAQUIN AVE SFTRACT6302 1 10/28/2023 1 023-750-39S 14310 W SAN JOAQUIN AVE SFTRACT6302 1 8/28/2023 1 023-760-51S 154 S 16TH ST SFTRACT6302 1 8/9/2023 1
020--386-04S 241 N LUM AVE SFTRACT6236 1 12/1/2023 1
023-750-40S 14300 W SAN JOAQUIN AVE SFTRACT6302 1 8/30/2023 1 020--382-24S 15885 W ISABELLA AVE SFTRACT6236 1 12/1/2023 1 020--381-08S 174 N WALNUT AVE SFTRACT6236 1 5/7/2023 1
020--391-01S 15817 W CRIMSON AVE SFTRACT6236 1 6/19/2023 1 023-750-08S 14323 W SAN JOAQUIN AVE SFTRACT6302 1 9/1/2023 1 020--391-04S 15783 W CRIMSON AVE SFTRACT6236 1 11/27/2023 1 023-750-40S 14292 W SAN JOAQUIN AVE SFTRACT6302 1 10/6/2023 1 020--381-10S 15817 W REGAL AVE SFTRACT6236 1 6/2/2023 1 023-750-05S 14295 W SAN JOAQUIN AVE SFTRACT6302 1 10/23/2023 1 020--382-04S 15810 W REGAL AVE SFTRACT6236 1 6/7/2023 1 023-760-55S 194 S 16TH ST SFTRACT6302 1 11/17/2023 1
020--381-09S 184 N WALNUT AVE SFTRACT6236 1 12/1/2023 1 023-750-09S 14333 W SAN JOAQUIN AVE SFTRACT6302 1 8/28/2023 1 023-750-43S 14272 W SAN JOAQUIN AVE SFTRACT6302 1 11/17/2023 1 020--386-03S 229 N LUM AVE SFTRACT6236 1 12/1/2023 1
020--391-09S 96 N WALNUT AVE SFTRACT6236 1 5/19/2023 1
023-750-07S 14305 W SAN JOAQUIN AVE SFTRACT6302 1 10/23/2023 1 023-760-31S 245 S MCKENNA AVE SFTRACT6302 1 7/28/2023 1 020--382-21S 15923 W ISABELLA AVE SFTRACT6236 1 11/27/2023 1 020--382-01S 15780 W REGAL AVE SFTRACT6236 1 6/2/2023 1 023-750-38S 14320 W SAN JOAQUIN AVE SFTRACT6302 1 8/28/2023 1 020--386-01S 205 N LUM AVE SFTRACT6236 1 12/1/2023 1
023-760-53S 174 S 16TH ST SFTRACT6302 1 8/11/2023 1
020--381-07S 162 N WALNUT AVE SFTRACT6236 1 5/26/2023 1 Affordability by Household Incomes - Certificates of Occupancy 10 Project Identifier
60 Section 5, Item E.
020--391-11S 118 N WALNUT AVE SFTRACT6236 NONE N 149329 023-760-54S 184 S 16TH ST SFTRACT6302 NONE N 225752
020--382-18S 15948 W REGAL AVE SFTRACT6236 NONE N 149329 020--381-01S 15782 W CRIMSON AVE SFTRACT6236 NONE N 215727.94 020--383-06S 170 N ALMOND AVE SFTRACT6236 NONE N 225727.94 023-750-42S 14282 W SAN JOAQUIN AVE SFTRACT6302 NONE N 208977 020--382-26S 15859 W ISABELLA AVE SFTRACT6236 NONE N 225727.94 020--382-03S 15800 W REGAL AVE SFTRACT6236 NONE N 149329 023-203-11 872 S 3RD ST ResAddAlt NONE N 35000
023-750-02S 14257 W SAN JOAQUIN AVE SFTRACT6302 NONE N 227132 020--381-06S 152 N WALNUT AVE SFTRACT6236 NONE N 161329 61 Section 5, Item E.

STAFF REPORT
MEETING DATE: April 24, 2024
PRESENTER: Michael Barajas, Public Works Director
SUBJECT: Resolution Accepting the Waste Water Treatment Plant Biolac Sludge Dredging/Hauling Project and Authorizing Filing of the Notice of Completion (MB) RECOMMENDATION: Council by motion adopt the resolution accepting the Waste Water Treatment Plant Biolac Sludge Dredging/Hauling Project and authorizing the City Staff to record the Notice of Completion.

EXECUTIVE SUMMARY:

The contractor, Mid-Cal Dredging, Inc., has satisfactorily completed the work required for the Waste Water Treatment Plant Biolac Sludge Dredging/Hauling Project. The project consisted of dredging solids out of the Biolac Pond to an average of five to six feet from the bottom of the pond. In order to close out the Project, City Council must accept the improvements and authorize the recording of a Notice of Completion.

The Project was advertised for bid and the construction contract was awarded to Mid-Cal Dredging, Inc. on October 25, 2023. The Contractor began construction on February 12, 2024 and completed the Project on March 8, 2024. The Waste Water Treatment Plant Biolac Sludge Dredging and Hauling was completed within the specified contract time.

FISCAL IMPACT:

The City budgeted $220,200 for the Project. The estimated final Project cost is $231,000 including design, construction management, inspection, and contingency. The Project isfunded with Sewer Facilities Construction Funds.

ATTACHMENTS:

A. Resolution
B. Notice of Acceptance
63 Section 5, Item F.

Attachment ‘A’
RESOLUTION NO. 24-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN

ACCEPTING IMPROVEMENTS AND AUTHORIZING FILING OF THE NOTICE OF COMPLETION

FOR THE WASTE WATER TREATMENT PLANT BIOLAC SLUDGE DREDGING/HAULING PROJECT WHEREAS, Mid-Cal Dredging, Inc., has completed the work for Waste Water Treatment Plant Biolac Sludge Dredging/Hauling; and
WHEREAS, the City Contracted Waste Water CPO has inspected the improvements required by the City and all improvements required by the City have been completed; and WHEREAS, the Public Works Director recommends acceptance of the Waste Water Treatment Plant Biolac Sludge Dredging/Hauling Project and requests Council to authorize the Public Work Director to record the Notice of Completion for the Project.

NOW, THEREFORE, the City Council of the City of Kerman does resolve as follows:

SECTION 1. The foregoing recitals are incorporated by reference.

SECTION 2. The Council accepts the Waste Water Treatment Plant Biolac Sludge Dredging/Hauling Project and authorizes the Public Works Director to record the Notice of Completion.

SECTION 3. This resolution is effective on adoption.

The foregoing resolution was adopted by the Kerman City Council at a regularly scheduled meeting held on the 24th day of April 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

The foregoing resolution is hereby approved.

Maria Pacheco
Mayor
ATTEST:

Josie Camacho
Interim City Clerk
64 Section 5, Item F.

Attachment ‘B’
WHEN RECORDED RETURN TO:

AND RECORDING REQUESTED BY:

City of Kerman
850 S. Madera Avenue
Kerman, CA 93630
No Fee – Gov’t. Code Sections 6103 & 27383

NOTICE OF ACCEPTANCE

OF COMPLETION OF PUBLIC WORK

BY CITY OF KERMAN
Waste Water Treatment Plant Biolac Sludge Dredging/Hauling Project The City of Kerman, a municipal corporation, hereby gives notice that certain work of improvement was completed on March 8, 2024, and accepted by the City Council of the City of Kerman on April 24, 2024, and that said work consisted of the following:

Dredging solids out of the Biolac Pond at the Waste Water Treatment Plant to an average of five to six feet from the bottom of the pond, including removing and reinstalling air lines. The work was performed within the City of Kerman, within the County of Fresno. The contractor that completed said work is Mid-Cal Dredging, Inc. and the name of the surety companies are Scottsdale Insurance Company, State Compensation Insurance Fund, and Clear Blue Insurance Company.

CITY OF KERMAN, a municipal corporation
_______________________________
Michael Barajas, Public Works Director
Verification
Michael Barajas, being duly sworn, deposes and says: That he is the Public Works Director of the City of Kerman, and makes this verification for and on behalf of said City; that he has read the foregoing notice and knows the contents thereof and the facts thereon stated are true.
________________________________
Michael Barajas
65 Section 5, Item F.

STAFF REPORT
MEETING DATE: April 24, 2024
PRESENTER: Theresa Johnson, Community Services Director SUBJECT: Approve the contribution of $3,200 towards the cost to replace two electronic scoreboards at Rotary Park and approval of budget amendment (TJ) RECOMMENDATION: Council by motion authorize $3,200 contribution to replace two electronic scoreboards at Rotary Park and adopt resolution approving a budget amendment to appropriate $1,000 towards the cost to replace two electronic scoreboards at Rotary Park.

EXECUTIVE SUMMARY:

Rotary Park is a joint-use facility maintained and operated by the City of Kerman and Kerman Unified School District. Kerman Cal Ripken baseball league is the approved youth sports group user of the baseball fields each year beginning February 1 through June 30. The league hosts both practices and games at Rotary Park during the season. In 2023 Cal Ripken presented the City with cost estimates and a plan to replace the existing scoreboards that are currently inoperable. They secured a commitment from the Rotary Club of Kerman to raise the funds for the purchase and a donation of labor to install the new scoreboards from Sebastian.

In March of this year, staff was contacted by Pablo Vasquez, a Rotary Club member requesting assistance with the remaining balance to purchase the scoreboards. The total cost for two scoreboards is $14,000 of which the Club has raised $8,000 and Kerman Cal Ripken has agreed to contribute $2,800, leaving a balance of $3,200. Kerman Unified School District will secure all permits and coordinate installation with Sebastian.

The Parks, Recreation and Community Services Department has allocated $2,200 dollars from the Parks, Facilities and Equipment capital budget with the remaining $1,000 dollars coming from the Community, Employee and Public Relations line item in the City Council budget.

FISCAL IMPACT:

Approximately $1,000.00 from the Community, Employee and Public Relations line item and $2,200 from the Parks and Facilities capital budget.

ATTACHMENTS:

A. Resolution
66 Section 5, Item G.

Attachment ‘A’
RESOLUTION NO. 24-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN
AUTHORIZING $3,200 CONTRIBUTION FOR THE REPLACEMENT OF TWO SCOREBOARDS

AT ROTARY PARK AND APPROVING BUDGET AMENDMENT TO APPROPRIATE FUNDS

FOR THE REPLACEMENT OF TWO SCOREBOARDS AT ROTARY PARK
WHEREAS, the City Council approved the Fiscal Year 2023-24 Budget by Resolution 23-44 dated June 14, 2023; and
WHEREAS, staff has recommended the contribution of $3,200.00 for the replacement of two scoreboards at Rotary Park with an allocation of $2,200 dollars from the Parks, Facilities and Equipment capital budget and the remaining $1,000 dollars coming from the Community, Employee and Public Relations line item in the City Council budget; and WHEREAS, amendments are requested for the Fiscal Year 2023-24 budget for one-time projects; and
WHEREAS, the Fiscal Year 2023-24 Budget amendment request is a total of $1,000.

NOW, THEREFORE, the City Council of the City of Kerman Hereby Resolves as follows:

1. The foregoing recitals are true and correct and incorporated by reference.

2. The Council approves the $3,200.00 contribution for the two scoreboards at Rotary Park.

3. The Council approves amendment to expenditures for the Fiscal Year 2023-24 budget in the General Fund from the Community, Employee, and Public Relations line item for the Replacement of two scorebaords at Rotary Park.

4. This resolution is effective upon adoption.

The foregoing resolution was adopted by the Kerman City Council at the regulary scheduled meeting held on the 24th day of April 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

The foregoing resolution is hereby approved.
_________________________
Maria Pacheco
Mayor
ATTEST:
__________________________
Josie Camacho
Interim City Clerk
67 Section 5, Item G.

STAFF REPORT
MEETING DATE: April 24, 2024
PRESENTER: Jesus R. Orozco, Community Development Director SUBJECT: Public Hearing – Ordinance Text Amendment 2024-01 repealing Title 17 of the Kerman Municipal Code and addition of a new Title 17 to the Kerman Municipal Code (JRO) RECOMMENDATION: That the City Council conduct the Public Hearing and:

EXECUTIVE SUMMARY:

The City of Kerman (City) applied for and was awarded funding under the SB2 housing grant from the State’s Housing and Community Development (HCD) Department in April 2020. The City has contracted with Mintier Harnish, a professional planning consultant, to update Title 17 (the Zoning Code) to be consistent with current HCD housing legislation, provide consistency with the 2040 General Plan Update, and serve as a technical update to zoning and land use sections of the Zoning Code. Procedurally, Ordinance Text Amendment 2024-01 will repeal Title 17 of the Kerman Municipal Code and add a new Title 17 to the Kerman Municipal Code.

ANALYSIS:

Update and Community Outreach
The update to the Zoning Code has been ongoing since the spring of 2021. Throughout the update process City staff and the consultant team have conducted interviews with local developers, architects, and members of the community. City staff and the consultant team have facilitated two joint City Council and Planning Commission workshops on July 7, 2021, and September 27, 2023. Additionally, members of the public have been invited to provide comments on two 30-day review periods of the draft public review Zoning Code made available 68 Section 6, Item A.
on the City’s website on November 9, 2023, and February 9, 2024. Comments and suggestions from City departments, developers, and members of the public have been considered and where appropriate have been incorporated into the updated Zoning Code.

Planning Commission Action
The Planning Commission (Commission) held a public hearing at a special meeting on Monday, March 18, 2024, to consider OTA 2024-01 regarding the Zoning Code. The Commission heard a presentation from staff and unanimously voted to recommend the approval of OTA 2024-01 to the City Council subject to minor editorial changes per staff’s request. Changes are as follows:

SECTION PAGE MODIFIED FROM MODIFIED TO

17.120.130 28 TERM MOD.| Minor Deviation: a
variance of 10%
a variance of 20%

17.120.180 42 FORMATTING MOD.|Retail
Sales, Restricted
Retail Sales, Restricted (sub-terms in
bullet points)

17.120.190 48 TERM MOD.| Specialty
Marketplace
Specialty Shop
Changes have been redlined and incorporated into the Zoning Code within Exhibit ‘A-1’ of this report.

Post Planning Commission Action Staff-Recommended Modifications Subsequent to the Commission public hearing, staff identified additional modifications.

Modifications listed below were identified as part of recent inquiries by prospective business owners, project applicants, and Housing Element Update program requirements. Modifications are textual in nature and do not require any subsequent CEQA analysis already prepared for the project. Staff requests that Council consider the modifications listed below and/or any others proposed by Council and proceed to introduce the Ordinance with modifications. The modifications will be referred back to the Commission for its report and recommendation consistent with 17.26.060 of the KMC. The Commission will have 45 days to submit its report on the modifications to the Council. At that time, the Council will then be able to proceed with adoption of the Ordinance. The listed modifications have been redlined and incorporated into the Zoning Code within Exhibit ‘A-1’ of this report.

SECTION PAGE MODIFIED FROM MODIFIED TO

17.10.020 3 TERM MOD. (Table17.10-1)|
(Dwelling, Multi-Unit (Up to 40
units)
Dwelling, Multi-Unit (three or more units)

17.10.020 3 TABLE MOD. (Table17.10-
1)|remove; Dwelling, Multi-Unit
(41 or more units)
Remove Use

17.10.020 3 TABLE MOD. (Table17.10-
1)|remove; Dwelling, Multi-Unit
(20%)
Remove Use

17.12.030 18 TABLE MOD. (Table17.10-
1)|remove; Retail Sales,
Secondhand
Remove Use
69 Section 6, Item A.

17.12.060
(A)
20 TEXT MOD.| Fences, walls, and
hedges shall be consistent with
the requirements for residential
zones as established in Chapter

17.24 (Fences, Walls, and
Hedges).

Fences, walls, and hedges shall be
consistent with the requirements for the
zone as established in Chapter 17.24
(Fences, Walls, and Hedges).

17.14.020 26 TERM MOD. (Table17.14-
1)|Infectios Disease Laboratory
Infectious Nonclinical Laboratory

17.14.020 27 TERM MOD. (Table17.14-
1)|Wireless Telecommunication
Facility, Tower
Remove duplicate text

17.18.020
(G) (3)
42 TEXT MOD. | 36 inches 42 inches

17.18.020
(A) (2)
39 TEXT MOD.| Existing uses in PD
combining zones shall continue
to be governed by this Section,
but no additional PD combining
zones shall be established.

Modifications, expansions, or
changes of use within existing PD
zones shall require rezoning to
be compatible with adjacent
uses, and may be, but is not
required to be, rezoned to the SD
combining zone as specified in
Section 17.18.030 (Smart
Development combining Zone).

Existing uses in PD combining zones shall
continue to be governed by this Section,
but no additional PD combining zones
shall be established. Modifications or
expansions to an existing use within an
existing PD zone shall require an
amendment to the Development Plan
Permit approved for the use and any
other applicable planning permit. New
uses within an existing PD zone may be
allowed as permitted by Subsection

17.18.020 (B) (PD Combining Zone Land
Use Regulations.

17.18.020 (I) 42 TEXT MOD.| Delete subsection

17.40.040(C)
(2)
18 TEXT MOD.|There shall be no
employment 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.

The home occupation business may
employ help. Employees not residing
within the home occupation residence
shall not be allowed to physically report
to the home occupation residence for
business activities.

17.40.040(C)
(7)
19 TEXT MOD.| 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.

Large vehicles, trailers, and other forms
of commercial vehicles used to conduct
the home occupation may be required to
be stored at an off-site location.

17.120.090 25 TEXT MOD.| Infectious Disease
Laboratory
Infectious Nonclinical Laboratory

17.120.160 34 Remove Text: Parking Space Remove text

17.120.160 34 TERM MOD.| Pawn Shop: see
“Retail Sales, General”
Pawn Shop: see Retail Sales, Restricted

17.120.180 42 TERM MOD.| Thrift store Thrift Store / Secondhand retail sales 70 Section 6, Item A.

17.120.180 42 TEXT MOD.| Retail sales,
Secondhand
Includes secondhand clothing and
antique stores, but not pawn shops.

17.120.200 51 TERM MOD.| Thrift Shop Thrift Store

17.120.200 51 TEXT MOD.|See “Retail Sales,
General”
A commercial establishment typically
operated by and in benefit of a non-profit
or charitable organization, engaged in
the sale of used articles such as clothes,
furniture, kitchen utensils and other used
home goods, primarily sourced from
donations.

General Plan Consistency
The zoning code update will bring the City’s Zoning Code into compliance with California Government Code Section 65860(a), which requires that a jurisdiction’s zoning regulations be consistent with its General Plan and subsequent updates to its General Plan. The City is proposing to amend its existing Zoning Code to ensure (1) compatibility with its adopted 2040 General Plan (adopted July 2020); (2) create consistency with State housing law and reduce regulatory barriers to the construction of housing; and (3) reflect changes in State law. The City’s updated Zoning Code would therefore implement the goals, policies, and programs of the General Plan by regulating the use of land and structures within the City. Below is an excerpt from the General Plan that is germane to OTA 2024-01:

Policies
LU-1.2: Location of Neighborhood Commercial Sites. The City shall designate neighborhood commercial sites in proper locations so that they meet the needs of the neighborhood and do not negatively impact adjacent residential uses.

LU-1.3: Mixed Use Development. The City shall provide for the establishment of offices in existing residential structures, adjacent to Madera Avenue in the original historic townsite.

LU-1.5: High Density Residential Development Near Goods and Services. The City shall encourage the development of high-density residential uses near commercial uses, parks, and schools.

LU-3.5: Increase Density and Intensity within City Limits. The City shall prioritize increasing overall residential densities and building intensities within current City limits to prevent development on surrounding agricultural lands.

LU-3.6: Infill and Renovation. The City shall encourage infill of vacant commercial properties and renovation of existing commercial structures to reduce the rate at which surrounding agricultural land is urbanized and to provide for a more efficient use of existing infrastructure.

LU-4.1: Agricultural Land Preservation. The City shall preserve and protect agricultural lands by directing development to areas within City limits that are designated for urban-level development, and away from agriculturally designated land to preserve open space and agricultural areas.
71 Section 6, Item A.

LU-5.4 New Incompatible Land Uses. The City shall prohibit the introduction of new incompatible land uses and environmental hazards into existing residential areas.

Programs
Land Use Element Program A, Zoning [Code] Consistency. The City shall update the Zoning [Code] to ensure consistency with the General Plan Land Use Map and the policies in the General Plan.

Public Safety Element Program G, Zoning Code Update. The City shall update the Zoning Code to include standards that mitigate noise through site and building design features, such as building location and orientation, setbacks, natural barriers and vegetation, and building construction.

OTA 2024-01: ZONING CODE UPDATE ANALYSIS
The Zoning Code format has been modified from the existing Title, Chapter, and Section format into a Title, Article, Chapter, and Section format. Specific modifications to the Zoning Code are described by Article to include but may not be limited to as follows:

Article 1 – Enactment and Applicability
General
 Implemented new Zoning Code template and format style.  Updated all in-text cross references throughout the Article.  Reorganized and restructured Article 1 consistent with the approved Master Table of Contents.
 In text amendment and resolution references were removed since the Code will be adopted in its entirety.

Zoning Code Enactment and Applicability
 New language further clarifying the applicability of the Zoning Code.  New language clarifying the relationship between the Zoning Code and General Plan, and their hierarchy. In the event of any inconsistencies, the General Plan shall control.  Updated language from existing Section 17.02.010 (Adoption of the Zoning Ordinance) to better specify the City’s authority in adopting the revised Zoning Code.  New language expressing the City’s intent for all provisions established in the Zoning Code to be consistent with the City’s General Plan.
 Included new provision establishing severability and partial invalidation of Zoning Code in cases where portions of the Code are found to be unenforceable.  Created a new process in which the Community Development Director can make determinations on the classification of land uses that are not classified and/or defined in the Zoning Code. In the event the Community Development Director makes a determination, that determination is to be considered final and official unless appealed to the Planning Commission.
72 Section 6, Item A.
 Clarified the City’s Uncertainty of Boundary process to be consistent with current City staff procedures.
 Added a provision describing the purpose and intent of the headings and illustrations provided in the Zoning Code. Illustrations are inserted as a matter of convenience and are for illustrative purposes only and in no way define, limit, or enlarge the scope or meaning of the Zoning Code or its provisions. Should a conflict arise between the Zoning Code text and any diagram, illustration, or image contained in the Zoning Code, the text shall govern.
 Revised the zone classifications table accordingly:
o Updated the Zoning Map symbols based on changes to zoning districts. o Updated the names of zoning districts based on General Plan direction. o Updated minimum and maximum density and nonresidential intensity standards in compliance with the General Plan.
o Updated the list of corresponding General Plan land use designations.  Created new language that adopts the Zoning Map.

Article 2 – Zones, Allowable Uses, and Development Standard General
 Implemented new Zoning Code template and format style.  Updated all in-text cross references throughout the entire Article.  In text amendment and resolution references were removed since the Code will be adopted in its entirety.
 Reorganized and restructured Article consistent with the approved Master Table of Contents.
 Updated the allowed density range for every zoning district where applicable per the 2040 General Plan.
 Updated the purpose statements for all zoning districts to include the maximum density and intensity standards established in the 2040 General Plan.  Created a tabular list of allowable land uses and associated permit requirements.  Above ground fuel tanks require a Conditional Use Permit in all zone districts.

Residential Zone Districts
 Deleted agriculture as an allowed land use in the RR zone.  Eliminated R-1 as a standalone zone.
 Single-unit dwellings now require the approval of a Conditional Use Permit in the R-2 and R-3 zone districts.
 Removed the 7-foot wall requirements when R-2 and R-3 projects are adjacent to alleyways.
 Created a new Rural Residential (RR) Zone to be consistent with the General Plan’s RR land use designation.
73 Section 6, Item A.
 Modified permit requirements to eliminate constraints to housing development.  Added new housing types to encourage missing middle housing.  Included new State mandated land uses and established permit requirements consistent with State law:
o Accessory dwelling units
o Junior accessory dwelling units
o Employee housing
o Agricultural employee housing
o Community care facilities
o Emergency shelters
o Low barrier navigation centers
o Supportive and transitional housing
o Single-room occupancy
o Facades
 Relocated the Smart Residential Development Combining District development standards with other residential zoning districts.
 Updated the R-2 zone density from one unit per 3,500 sq. ft. to one unit per every 2,250 sq. ft.
 Eliminated the required space between buildings development standard, allowing the California Building Code to govern the separation.

Commercial, Office, and Mixed-Use Zones
 Combined Chapters 17.48, 17.46, 17.50, 17.44, and 17.45.  Removed “lumber yards” from the feed and fuel stores, lumber yards, garden supply stores, and nurseries; section of CS zone allowed uses.  Added a requirement for a Conditional Use Permit for twenty-four hour uses next to, or within 200 feet of residential uses.
 Added a requirement for a Conditional Use Permit for drive-thru land uses in all commercial zones.
 Twenty-four-hour drive-thru land uses are prohibited adjacent to residential uses.  Commercial zone setbacks are now measured from property line after any dedications, not a distance from the centerline of the street.
 Removed the Commercial Specific Plan requirement.
 Added a requirement for a Conditional Use Permit for self-wash car washes.  Eliminated “All required yards may be used for parking, loading or access driveways.”  Created a standard 10-foot front setback for all Commercial General parcels. Exceptions for parcels along Madera and Whitesbridge Roads remain.  Removed the allowance for parking, loading, and driveways in all yard areas.

Industrial Zones
 Eliminated automotive repair land uses as allowed in the Light Industry zone. 74 Section 6, Item A.
 Added a requirement for a Conditional Use Permit for twenty-four hour uses within 300 feet of residential zones or land uses.
 Add a Site Plan Review requirement for new uses proposed for a site that does not have adequate parking or site improvements or which will increase in occupancy intensity.  Renamed the zones to be consistent with Zoning Map. The current Zoning Code refers to the M-1 as the Light Industry District, and the M-2 as the General Industry District.  Removed the existing allowable land use classification system for the General Industry Zone which uses the Executive Office of the President’s Standard Industrial Classification Manual.

Public and Quasi-Public Zones
 Combined Chapters 17.32 and 17.34.
 Added “Community Composting” as allowed with a Conditional Use Permit in the O and UR zones per State law and Ordinance No. 22-01. This use was also added to the land use definitions list.

Article 3 – Regulations Applicable to All Zones
General
 Implemented new Zoning Code template and format style.  Updated all in-text cross references throughout the Article.  Reorganized and restructured the Article consistent with the approved Master Table of Contents.
 In text amendment and resolution references were removed since the Code will be adopted in its entirety.

General Development Standards
 Created new clear vision triangle safety standards for parcels containing or abutting a right-of-way easement, intersection, private drive, or alley. Structures, signs, objects, and landscaping are limited to three feet in height when located in a clear vision triangle.  Removed Section 17.62.020 (Definitions) and prepared new Article 8, Definitions.  Moved Section 17.62.080 (Satellite Dish Antenna) to Article 4 under the wireless telecommunications section.
 Specified that attached garages and carports shall comply with zone development standards and are not considered an accessory use.
 Added a requirement for a Conditional Use Permit for fences in excess of seven feet in height.
 Seven-foot block walls may be required by the Community Development Director between a MU zone and a residential zone or use to mitigate noise impacts.

Landscaping Provisions
 Created provisions for the use of artificial turf, including:
o Locations allowed
o Materials and style
o Installation requirements
75 Section 6, Item A.
o Appearance and maintenance
 Referenced the Model Water Efficient Landscape Ordinance Municipal Code Section and specified the provisions of this Chapter are in addition to the requirements in the Model Water Efficient Landscape Ordinance.
 Specified that applicants may be required to pay additional fees for deferred landscaping in the R1 district at the Community Development Director’s discretion upon making findings.

Parking Provisions
 Combined the provisions in Chapter 17.74 (Parking) and Section 17.78.030 (off-Street Parking).
 Updated the list of allowed land uses to reflect the uses established in the land use definitions and Article 2.
 Clarifying language requiring all off-street parking to be provided on the same site as the land use for which the parking is being provided unless otherwise allowed by an exception approved by the Community Development Director.
 Reduced the number of employee parking spaces to one for each employee for any given shift, as opposed to one space for every employee, for the following land uses:
o Childcare facilities
o Day care centers
o General industrial and processing uses
o Warehousing and distribution
o Commercial stables
o Outdoor sales
 New language requiring applicants to provide accessible parking in compliance with Title 24 of the California Building Code.
 Create additional development standards regarding the allowance of common parking facilities for accessible parking spaces.
 New restriction on RV parking:
o Recreational vehicles shall not be connected, either on a permanent or temporary basis, to any utility services, such as electrical (including extension cords), water, or sewer connections for the purposes of living or sleeping for any period of time, unless explicitly permitted by the City.
o Recreational vehicles shall not be stored on any property that does not have a legal residential structure.
o Reformatted all parking requirements into a tabular format for ease of use and updating.

Sign Standards
 Updated all sign regulations to remove restrictions on sign copy in compliance with State and Federal law.
 Added a requirement for a Conditional Use Permit for electronic reader board signs. 76 Section 6, Item A.
 Vehicle fueling station signs required to be posted at fuel stations pursuant to California Business and Professions Code Sections 13530 et seq.
 Added a requirement that freestanding vehicle service station price signs shall not exceed six feet in height and shall have a maximum sign area of 30 square feet per side.  On-structure identification signs shall be allowed for frontages with public entrances.

Each business frontage having a public entrance shall be permitted on-building identification signs.
 Created a tabular format for specific use signs for ease of use and readability.  Created new regulations regulating projecting signs and specified that such signs shall not project into the property line or public sidewalk over two feet.

Article 4 – Standards for Specific Land Uses
General
 Implemented new Zoning Code template and format style.  Updated all in-text cross references throughout the Article.  Reorganized and restructured the Article consistent with the approved Master Table of Contents.
 In text amendment and resolution references were removed since the Code will be adopted in its entirety.

Standards for Specific Land Uses
 Overhauled the accessory dwelling unit and junior accessory dwelling unit provisions to ensure compliance with State housing law.
 Added new provisions and operational standards for recycling facilities, including:
o Reverse vending machines
o Small collection facilities
o Large collection facilities
o Recycling processing facilities
 Updated emergency shelter development and operations standards to ensure compliance with State law.
 Clarified that any public or private improvement within a mobile home park shall comply with State law and City of Kerman engineering standards.  Eliminated landscaping requirements for mobile office structures.  Rescinded the Interim Agricultural Ordinance.
 Overhauled the wireless telecommunication standards in compliance with Federal regulations and co-location requirements.
 Updated the density bonus provisions in compliance with State law.  Created comprehensive objective residential design standards for qualifying mixed-use and multi-unit dwelling projects. Design standards include:
77 Section 6, Item A.
o Structure orientation and location (e.g., vehicular entries, staggered setbacks, separation between structures)
o Entries and stairwells (e.g., entryway design, exterior stairwells, entry connections)
o Parking and circulation (e.g., vehicular circulation, parking facility screening, carports, parking are landscaping)
o Lighting (e.g., type and color, shielding and spill, fixture height) o Utility and service areas (e.g., screening, refuse enclosures) o Open space (i.e., amount required, passive amenities, active amenities) o Massing and articulation (e.g., façade design, blank walls) o Colors and materials
o Windows and door design
o Fences and walls
Article 5 – Nonconformities
General
 Implemented new Zoning Code template and format style.  Updated all in-text cross references throughout the Article.  Reorganized and restructured the Article consistent with the approved Master Table of Contents.
 In text amendment and resolution references were removed since the Code will be adopted in its entirety.

Nonconforming Procedures
 Clarified and refined the purpose and intent statements.  Added an applicability statement that specifies to what parcels, structures, and uses the nonconforming use provisions apply.
 Added new provisions for the establishment and determination of nonconformities.  Specified the Community Development Director makes the determination of nonconforming status that can be appealed to the Planning Commission.  Increased the discontinuance period for legal nonconforming parcels from 90 days to 12 months.
 Clarified and created new standards for nonconforming parcels.  Added new procedures for the continuation and maintenance of legal nonconforming land uses (e.g., determination process, time frames, types of activities allowed).

Article 6 – Permit Processing Procedures
General
 Implemented new Zoning Code template and format style.  Updated all in-text cross references throughout the Article. 78 Section 6, Item A.
 Reorganized and restructured the Article consistent with the approved Master Table of Contents.
 In text amendment and resolution references were removed since the Code will be adopted in its entirety.

Zoning Code Administration.
 Added a new ministerial entitlement: Administrative Use Permit (AUP). The AUP entitlement allows certain projects to be reviewed and approved by City staff, resulting in a more time and cost-efficient development process.
 Added new reasonable accommodations standards to ensure compliance with State law.  Added new permit processing procedures for Development Plan Review Permits.  Temporary Use Permits (TUP) are now allowed up to six months.  Added new Temporary Use Permit standards, allowed at the discretion of the Community Development Director, including:
o Limit to four times per year.
o Limited to private property.
 Temporary uses located in the public right-of-way shall also require the approval an Encroachment Permit.

Article 7 – Zoning Code Administration
General
 Implemented new Zoning Code template and format style.  Updated all in-text cross references throughout the Article.  Reorganized and restructured the Article consistent with the approved Master Table of Contents.
 In text amendment and resolution references were removed since the Code will be adopted in its entirety.

Administrative Responsibilities
 Clarified the role of the Development Review Committee (DRC) o Establishment
o Composition and number of members
o Actions and responsibilities
o Rules and procedures
 Clarified that a Zone Amendment by application may only be submitted for the purpose of a zone change on real property, and not for an amendment to the language of the Zoning Code.

Article 8 – Definitions
General
 Implemented new Zoning Code template and format style. 79 Section 6, Item A.
 Updated all in-text cross references throughout the Article.  Reorganized and restructured the Article consistent with the approved Master Table of Contents.
 In text amendment and resolution references were removed since the Code will be adopted in its entirety.

New Definitions
Accessory dwelling unit Commercial Recreation and
Entertainment Facility,
Indoor
Office
Accessory dwelling unit,
junior
Commercial Recreation and
Entertainment Facility,
Outdoor
Outdoor dining and sales
Accessory structure Community care facility Parcel line Agriculture, Animal
Husbandry
Community composting Personal service, general and
restricted
Agriculture, Dairies Community treatment
facility
Place of assembly
Agriculture, Horticulture Cottage food operation Printing shop Agricultural Processing Day care center Produce stand
Agriculture Service
Establishment
Drive-through sales and
service
Public and quasi-public uses
Airport Electric Vehicle Charging
Station or Charging Station
Recycling collection facility
Alcohol beverage sales Electronic Submittal Retail sales, general and restricted
Ambulance service Equipment Sales and Rental
Facility
Retail Sales, Grocery or
Supermarket
Animal hospital Farmers Market Retail Sales, Neighborhood Market
Assisted living facility Food Commissary Retail Sales, Nursery and Garden Supply
Association Frontage Street Retail Sales, Secondhand
Athletic club Fueling Station Retail Sales, Wholesale.

Auction establishment Hospital School
Automated Vending and
Dispensing Machine
Hotel/Motel Sight Distance Triangle
Bank and financial institution Industrial, Major Single Room Occupancy (SRO)
Beekeeping Industrial, Minor Single-Unit Dwelling
Brewery, Distillery,
Microbrewery, and Winery
Interim agriculture Solar Energy Generation
Facility
Broadcasting and Film
Recording Studio
Kennel Storage facility
Building Material Sales and
Storage
Low-barrier navigation
center
Transitional Housing
80 Section 6, Item A.

Bungalow Court Manufactured Home Sales
and Repair
Vehicle Rental Facilities
Business Mobile food vendor Vehicle Repair and Service
Campground Mobilehome park Veterinary Clinic.

Caretaker’s residence Multi-Unit Dwelling Warehousing and Distribution
Child day care home Nonconforming Status,
Illegal
Existing Definitions which were revised:

Abandonment Commerce Minor Modification
Adjacent Community plan Nonconforming Parcel
Agriculture Conflict of interest Parcel
Alcohol use Contractor storage yard Parcel coverage
Annexation Court Power generation
Antique Density Recycling unit
Apartment Development standard Reverse Vending
Machine(s)
Auto mall Front wall Senior Citizen
Bar Furrier Significant Buildings
Bed and breakfast Garage sales Sorority
Boarding house Government agency Specialty Marketplace
Buildable area Grade Street
Building Gross area Subdivision Sales Office
Building height Group home Temporary Dwelling
Car wash Height, maximum Trailer Coach
Cemetery Home occupation Trailer Park
Certificate of occupancy Homeowner’s association Unique natural feature Change of use Industrial park Uses, Permitted.

Coin operated cleaning
service
Island Wall
College, trade Landscape mound
ENVIRONMENTAL REVIEW:

The City prepared a Program Environmental Impact Report (PEIR) (SCH #2019049018) for the 2040 General Plan to assess the potential significant environmental impacts that could result from the implementation of the 2040 General Plan. The PEIR identified that implementation of the General Plan would require a subsequent update of the City’s zoning code to implement the General Plan, which was also contemplated by the PEIR prepared for the General Plan.

Under CEQA Guidelines Section 15168(c), the zoning code update may rely on the PEIR as it is furtherance of the plans and other general criteria established by the General Plan. Based on 81 Section 6, Item A.
an examination of the zoning code update in light of the PEIR, the City may find that no additional environmental documentation beyond an Addendum to the same is required to be prepared for the zoning code update as none of the criteria of CEQA Guidelines Section 15168(c) have been met in that: i) the update would not have an effect that was not examined in the PEIR; ii) under CEQA Guidelines sections 15162 and 15164, none of the findings for a subsequent EIR would be required; iii) any feasible mitigation developed in the PEIR were incorporated in the zoning code update, or there was no applicable mitigation; iv) the zoning code update does not involve site-specific operations for which evaluation of a checklist would be warranted, as the zoning code is of City-wide effect; and v) the update of the zoning code was a specifically planned activity to implement in the General Plan. With regard to CEQA Guidelines section 15162, the City may further find that: i) no subsequent review is required given that since that time no substantial changes have been proposed in the project which will require major revisions of the previously approved PEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; ii) no substantial changes have occurred since that time with respect to the circumstances under which the zoning code update is undertaken which will require major revisions of the PEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and iii) there is no new information, which was not known and could not have been known at the time of the PEIR was prepared that the zoning code update will have significant effect not discussed in the PEIR. As such, the City may adopt the Addendum prepared for the PEIR and find that the zoning code update has already been fully assessed in accordance with CEQA, no subsequent review is required under CEQA Guidelines sections 15162, 15162, and 15168, and no further action or review is required under CEQA.

ALTERNATIVE ACTION:

Council may move to continue the public hearing on OTA 2024-01 to a later meeting with direction to Staff.

FISCAL IMPACT:

Preparation of the comprehensive Zoning Code update has been paid for by State funding made available under the SB 2 Planning Grant Program.

ATTACHMENTS:

A. Ordinance for OTA 2024-01 w/Exhibit ‘A-1’ (Zoning Code) B. Addendum to Program Environmental Impact Report
C. Planning Commission Resolution
82 Section 6, Item A.
1 Attachment ‘A’
ORDINANCE NO. 24-_______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KERMAN REPEALING TITLE 17 OF THE KERMAN MUNICIPAL CODE AND ADDING A NEW TITLE 17 TO THE

KERMAN MUNICIPAL CODE RELATING TO CITY OF KERMAN ZONING CODE WHEREAS, the City of Kerman was awarded $160,000 under the SB 2 Planning Grants Program to promote development consistent with the State’s planning priorities; and WHEREAS, the City, with the assistance of a professional services consultant prepared a comprehensive update to Title 17 of the Kerman Municipal Code (the City’s Zoning Code); and WHEREAS, after a public review period of thirty days, on March 18, 2024, the City of Kerman Planning Commission conducted a duly noticed public hearing on the proposed Ordinance Text Amendment repealing Title 17 of the Kerman Municipal Code and adding a new Title 17 to the Kerman Municipal Code relating to the Zoning Code, and all interested persons were given an opportunity to be heard; and
WHEREAS, at the public hearing, the Planning Commission received and considered the staff report and all the information, evidence, and testimony presented in connection with the proposed Ordinance Text Amendment; and
WHEREAS, the Planning Commission adopted Resolution 2024-07 recommending that the Council adopt an Ordinance Text Amendment repealing Title 17 of the Kerman Municipal Code and adding a new Title 17 to the Kerman Municipal Code relating to the Zoning Code and adopt an Addendum to Program Environmental Impact Report Prepared for the City of Kerman 2040 General Plan (SCH #2019049018) as authorized by the California Environmental Quality Act; and WHEREAS, the City Council subsequently conducted a duly noticed public hearing on April 24, 2024, to consider an Ordinance Text Amendment repealing Title 17 of the Kerman Municipal Code and adding a new Title 17 to the Kerman Municipal Code and Addendum to Program Environmental Impact Report Prepared for the City of Kerman 2040 General Plan (SCH #2019049018) as recommended by the Planning Commission; and WHEREAS, the City Council finds that all legal pre-requisites required under Chapter 17.26 of the Kerman Municipal Code for consideration of the Ordinance Text Amendment recommended by the Planning Commission have occurred, including notice as required by law; and WHEREAS, after due consideration, the City Council now desires to adopt an Ordinance Text Amendment repealing Title 17 of the Kerman Municipal Code and adding a new Title 17 to the Kerman Municipal Code relating to the Zoning Code and adopt an Addendum to Program 83 Section 6, Item A.
2 Environmental Impact Report Prepared for the City of Kerman 2040 General Plan (SCH #2019049018) pursuant to the California Environmental Quality Act.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KERMAN DOES ORDAIN AS FOLLOWS:

SECTION 1. Title 17 of the Kerman Municipal Code is hereby repealed.

SECTION 2. A new Title 17 with the Title “Zoning Code” is hereby added to the Kerman Municipal Code to read, in its entirety, as set forth in the attached Exhibit ‘A-1’ which is incorporated in full by reference.

SECTION 3. All ordinances, and parts thereof, of the City of Kerman in effect that are in conflict at the time of adoption of this Ordinance are hereby repealed.

SECTION 4. CEQA. The City Council finds that the City prepared a Program Environmental Impact Report (PEIR) (SCH #2019049018) for the 2040 General Plan to assess the potential significant environmental impacts that could result from the implementation of the 2040 General Plan. The PEIR identified that implementation of the General Plan would require a subsequent update of the City’s zoning code to implement the General Plan, which was also contemplated by the PEIR prepared for the General Plan. Under CEQA Guidelines Section 15168(c), the zoning code update may rely on the PEIR as it is a furtherance of the plans and other general criteria established by the General Plan. Based on an examination of the zoning code update in light of the PEIR, the City Council finds that no additional environmental documentation beyond an Addendum to the same is required to be prepared for the zoning code update as none of the criteria of CEQA Guidelines Section 15168(c) have been met in that: i) the update would not have an effect that were not examined in the PEIR; ii) under CEQA Guidelines sections 15162 and 15164, none of the findings for a subsequent EIR would be required; iii) any feasible mitigation developed in the PEIR were incorporated in the zoning code update, or there was no applicable mitigation; iv) the zoning code update does not involve site-specific operations for which evaluation of a checklist would be warranted, as the zoning code is of City-wide effect; and v) the update of the zoning code was a specifically planned activity to implement in the General Plan.

With regard to CEQA Guidelines section 15162, the City Council further finds that: i) no subsequent review is required given that since that time no substantial changes have been proposed in the project which will require major revisions of the previously approved PEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; ii) no substantial changes have occurred since that time with respect to the circumstances under which the zoning code update is undertaken which will require major revisions of the PEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and iii) there is no new information, which was not known and could not have been known at the time of the PEIR was prepared that the zoning code update will have significant effect not discussed in the PEIR. As such, the City Council adopts the Addendum to Program 84 Section 6, Item A.
3 Environmental Impact Report Prepared for the City of Kerman 2040 General Plan (SCH #2019049018) and finds that the zoning code update has already been fully assessed in accordance with CEQA, no subsequent review is required under CEQA Guidelines sections 15162, 15162, and 15168, and no further action or review is required under CEQA.

SECTION 5. General Plan Consistency. The City Council finds that the Zoning Code is consistent with the goals, policies, and programs of the City of Kerman 2040 General Plan.

SECTION 6. Severability. If any provision(s) of this Ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end, the provisions of this ordinance are declared to be severable. The City Council hereby declares that they would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part, or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts, or portions thereof be declared invalid or unconstitutional.

SECTION 7. Publication. This Ordinance shall be published in accordance with the provisions of Government Code Section 36933.

SECTION 8. Effective Date. This ordinance shall become effective thirty (30) days after the date of adoption.

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
85 Section 6, Item A.

TITLE 17 -
ZONING
CODE
City of Kerman
Community Development Department
850 South Madera Avenue
Kerman, CA 93630

FINAL DRAFT
March 2024

CITY OF KERMAN
ORDINANCE NO. 24-___
EXHIBIT 'A-1'
86 Section 6, Item A.

PREPARED BY:
87 Section 6, Item A.

City of Kerman
Title 17 – Zoning Code
Master Table of Contents

FINAL DRAFT
March 2024
ARTICLE 1 ENACTMENT AND APPLICABILITY
CHAPTER 17.02 – PURPOSE AND APPLICABILITY OF THE ZONING CODE

17.02.010 Title [Source: NEW]

17.02.020 Purpose and Authority [Source: 17.02.020, NEW]

17.02.030 Applicability [Source: 17.02.040]

17.02.040 Relationship to Prior Code [Source: NEW]

17.02.050 Relationship to General Plan [Source: NEW]

17.02.060 Severability, Partial Invalidation of Zoning Code [Source: NEW] CHAPTER 17.04 – INTERPRETATION OF THE ZONING CODE

17.04.010 Purpose [Source: NEW]

17.04.020 Rules of Interpretation [Source: 17.06.010, 020, 060]

17.04.030 Uses Not Classified [Source: 17.06.050, 060]

17.04.040 Conflicting Uses and Requirements [Source: NEW]

17.04.050 Headings and Illustrations [Source: NEW]
CHAPTER 17.06 – ZONES AND ZONING MAP

17.06.010 Purpose and Intent [Source: 17.30.010, NEW]

17.06.020 Establishment of Zones [Source: 17.30.030, NEW]

17.06.030 Zoning Map [Source: NEW]

17.06.040 Determination of Boundaries [Source: 17.30.050]

17.06.050 Uncertainty of Boundaries [Source: 17.06.030] 88 Section 6, Item A.

Title 17 Zoning Code
2 ARTICLE 2 ZONES, ALLOWABLE USES, AND DEVELOPMENT

STANDARDS
CHAPTER 17.10 – RESIDENTIAL ZONES

17.10.010 Purpose and Intent of Residential Zones [Source: 17.36.010, 40.010, 42.010]

17.10.020 Residential Zones and Land Use Regulations [Source: 17.36.020-030, 40.020-030, 42.020-030]

17.10.030 Residential Zones Development Standards [Source: 17.36.040, 40.040, 42.040]

17.10.040 Accessory Structures

17.10.050 Signs

17.10.060 Fences, Walls, and Hedges

17.10.070 Parking

17.10.080 Recreation and Open Space

17.10.090 Site Plan Review

17.10.100 Architectural Standards: R-1, R-1-7, and R-1-12 Zones CHAPTER 17.12 – COMMERCIAL, OFFICE, AND MIXED-USE ZONES [SOURCE: 17.44, 17.45,

17.46, 17.48, 17.50]

17.12.010 Purpose and Intent of Commercial, Office, and Mixed-Use Zones

17.12.020 Commercial, Office, and Mixed-Use Zones Land Use Regulations

17.12.030 Commercial, Office, and Mixed-Use Zones Development Standards

17.12.040 Accessory Structures

17.12.050 Signs

17.12.060 Fences, Walls, and Hedges

17.12.070 Parking

17.12.080 Site Plan Review
CHAPTER 17.14 – INDUSTRIAL ZONES [SOURCE: 17.52, 17.54]

17.14.010 Purpose and Intent of Industrial Zones

17.14.020 Industrial Zones Land Use Regulations

17.14.030 Industrial Zones Development Standards

17.14.040 Accessory Structures

17.14.050 Signs

17.14.060 Fences, Walls, and Hedges

17.14.070 Parking

17.14.080 Site Plan Review
CHAPTER 17.16 – PUBLIC AND QUASI-PUBLIC ZONES [SOURCE: 17.32, 17.34]

17.16.010 Purpose and Intent of Public and Quasi-Public Zones

17.16.020 Public and Quasi-Public Zones Land Use Regulations

17.16.030 Public and Quasi-Public Zones Development Standard

17.16.040 Signs

17.16.050 Fences, Walls, and Hedges
89 Section 6, Item A.

Table of Contents
3 City of Kerman
Final Draft – March 2024

17.16.060 Parking
CHAPTER 17.18 – COMBINING ZONES

17.18.010 Purpose and Intent of Combining Zones [Source: 17.60.010, 56.010]

17.18.020 Planned Development Combining Zone (-PD) [Source: 17.56]

17.18.030 Smart Development Combining Zone (-SD) [Source: 17.58]

17.18.040 Industrial Corridor Combining Zone (-IBA) [Source: 17.60] ARTICLE 3 REGULATIONS APPLICABLE TO ALL ZONES
CHAPTER 17.20 – GENERAL SITE PLANNING AND DEVELOPMENT STANDARDS

17.20.010 Purpose [Source: 17.78.010]

17.20.020 Street Improvements [Source: 17.78.020]

17.20.030 Clear Vision Triangle [Source: See definition for “clear vision standards”]

17.20.040 Solid Waste and Recycling Enclosures [Source: 17.78.040]

17.20.050 Undergrounding of Utilities [Source: 17.78.050] CHAPTER 17.22 – ACCESSORY STRUCTURES

17.22.010 Purpose [Source: 17.62.010]

17.22.020 Prohibited Uses [Source: 17.62.030]

17.22.030 Agricultural Accessory Structures [Source: 17.62.040]

17.22.040 Commercial Accessory Structures [Source: 17.62.060]

17.22.050 Industrial Accessory Structures [Source: 17.62.070]

17.22.060 Residential Accessory Structures [Source: 17.62.050] CHAPTER 17.24 – FENCES, WALLS, AND HEDGES [SOURCE: 17.78.070]

17.24.010 Applicability

17.24.020 Height Limitations

17.24.030 Fence Materials

17.24.040 Required Walls
CHAPTER 17.26 – LANDSCAPING [SOURCE: 17.78.060]

17.26.010 Purpose

17.26.020 Applicability

17.26.030 Water Efficient Landscape Ordinance

17.26.040 General Landscaping Standards

17.26.050 Landscape Area Requirements

17.26.060 Artificial Turf

17.26.070 Deferred Landscaping in the R1 Zones
CHAPTER 17.28 – PARKING, LOADING, AND ACCESS

17.28.010 Purpose and Applicability [Source: 17.74.010, 080]

17.28.020 Building Permit [Source: 17.74.100]
90 Section 6, Item A.

Title 17 Zoning Code
4 17.28.030 General Provisions [Source: 17.74.080, 90, 120, 150]

17.28.040 Number of Spaces Required [Source: 17.74.020, 030, 040, 050, 060, 070]

17.28.050 Compact Parking Spaces [Source: 17.74.160, 17.78.030.F]

17.28.060 Accessible Parking Spaces

17.28.070 Reduction of Parking Requirements [Source: 17.74.130]

17.28.080 Recreational Vehicle Parking in Residential Zones [Source: 17.78.080]

17.28.090 Off-Site Designated Parking [Source: 17.74.140]

17.28.100 Parking Facility Design Standards [Source: 17.78.030]

17.28.110 Off-Street Loading Requirements [Source: 17.74.180] CHAPTER 17.30 – SIGN REGULATIONS

17.30.010 Purpose and Applicability [Source: 17.76.010, 020]

17.30.020 Standards for Permitting Requirements

17.30.030 Signs Subject to a Conditional Use Permit

17.30.040 Exempt Signs [Source: 17.76.030]

17.30.050 Prohibited Signs [Source: 17.76.040]

17.30.060 Temporary Signs

17.30.070 Signs Allowed by Zone

17.30.080 Specific Use Signs

17.30.090 Abandoned or Dilapidated Signs, Frames, Structural members, and Supporting Poles

17.30.100 Master Sign Program

17.30.110 Minor Deviations and Variances

17.30.120 Nonconforming signs
CHAPTER 17.32 – HISTORIC PRESERVATION (RESERVED) [SOURCE: NEW]

17.32.010 TBD

17.32.020 TBD

17.32.030 TBD

17.32.040 TBD

17.32.050 TBD

17.32.060 TBD

17.32.070 TBD
ARTICLE 4 STANDARDS FOR SPECIFIC LAND USES
CHAPTER 17.40 – STANDARDS FOR SPECIFIC LAND USES

17.40.010 Accessory Dwelling Unit (ADU)

17.40.020 Recycling Facilities

17.40.030 Emergency Shelter

17.40.040 Home Occupation

17.40.050 Mobile Home Park

17.40.060 Mobile and Temporary Office Structures

17.40.070 Wireless Telecommunication Facilities
91 Section 6, Item A.

City of Kerman Table of Contents
Final Draft – March 2024
5 CHAPTER 17.42 – DENSITY BONUSES [SOURCE: 17.70]

17.42.010 Purpose

17.42.020 Eligibility and Requirements

17.42.030 Amount of Density Bonus

17.42.040 Continued Affordability

17.42.050 Allowed Incentives and Concessions

17.42.060 Standards for Affordable Units

17.42.070 Donations of Land

17.42.080 Waivers or Reductions of Development Standards

17.42.090 Reduced Parking Requirements

17.42.100 Housing with Childcare Facilities

17.42.110 Application and Review

17.42.120 Density Bonus Housing Agreement
CHAPTER 17.44 – MARIJUANA CULTIVATION AND DISPENSARIES

17.44.010 Purpose and Intent [Source: 17.96.010]

17.44.020 Findings [Source: 17.96.020]

17.44.030 Definitions [Source: 17.96.040]

17.44.040 Relationship to Other Laws [Source: 17.96.030]

17.44.050 Prohibition of Marijuana Cultivation [Source: 17.96.050]

17.44.060 Consumption of Medical Marijuana [Source: 17.96.060]

17.44.070 Dispensary as a Prohibited Use [Source: 17.96.070]

17.44.080 Public Nuisance Declared [Source: 17.96.080]

17.44.090 Violation and Penalty [Source: 17.96.090]

17.44.100 Severance [Source: 17.96.100]
CHAPTER 17.46 – MULTI-UNIT DWELLING OBJECTIVE DESIGN STANDARDS [SOURCE:

17.42.0823, NEW]

17.46.010 Purpose and Intent

17.46.020 Applicability

17.46.030 Approval Authority

17.46.040 Site Planning and Design

17.46.050 Architectural Design
CHAPTER 17.48 – SINGLE-UNIT DWELLING DESIGN STANDARDS (RESERVED)

17.48.010 Reserved
CHAPTER 17.50 – ALCOHOL BEVERAGE SALES USES

17.50.010 Purpose

17.50.020 Applicability

17.50.030 Modifications to Existing Businesses

17.50.040 Location Standards for New Businesses

17.50.050 Operational Standards
92 Section 6, Item A.

Title 17 Zoning Code
6 17.50.060 Signs
ARTICLE 5 NONCONFORMITIES
CHAPTER 17.60 – GENERAL NONCONFORMING PROVISIONS [SOURCE: 17.64]

17.60.010 Purpose and Intent

17.60.020 Applicability

17.60.030 Determination, Establishment, and Proof of Legal Nonconforming Status

17.60.040 Continuation, Maintenance, and Repair

17.60.050 Termination of Nonconformities
CHAPTER 17.62 – NONCONFORMING PARCELS [SOURCE: 17.64]

17.62.010 Use of Legal Nonconforming Parcels

17.62.020 Expansion and Continuance

17.62.030 Subdivision of Legal Nonconforming Parcels

17.62.040 Merger of Nonconforming Parcels
CHAPTER 17.64 – NONCONFORMING USES [SOURCE: 17.64]

17.64.010 Continuation of Legal Nonconforming Uses

17.64.020 Expansion or Modification of Legal Nonconforming Uses ARTICLE 6 PERMIT PROCESSING PROCEDURES
CHAPTER 17.70 – GENERAL PROVISIONS

17.70.010 Purpose and Intent [Source: NEW]

17.70.020 Permits, Procedures, and Actions [Source:17.08.010 through 17.08.060]

17.70.030 Additional Permits May Be Required [Source: NEW] CHAPTER 17.72 – APPLICATION PROCESSING PROCEDURES

17.72.010 Application [Source: 17.08.070]

17.72.020 Additional Information [Source: 17.08.080]

17.72.030 Fees [Source: 17.08.100]
CHAPTER 17.74 – ZONING CLEARANCE

17.74.010 Purpose [Source: NEW]

17.74.020 Applicability [Source: 17.08.010]

17.74.030 Review and Decision [Source: 17.08.010]
CHAPTER 17.76 – REASONABLE ACCOMMODATION [SOURCE: NEW]

17.76.010 Purpose

17.76.020 Applicability

17.76.030 Application Filing, Processing, and Review

17.76.040 Findings and Decision
93 Section 6, Item A.

Table of Contents
7 City of Kerman
Final Draft – March 2024

17.76.050 Conditions of Approval

17.76.060 Revocation of Approval and Discontinuance
CHAPTER 17.78 – HOME OCCUPATION PERMIT

17.78.010 Purpose [Source: 17.18.010]

17.78.020 Application [Source: 17.18.020]

17.78.030 Actions by Director [Source: 17.18.060]

17.78.040 Appeals [Source: 17.18.070 and 17.18.080]

17.78.050 Conditions of Approval [Source: 17.18.090]

17.78.060 Revocation and Modification [Source: 17.18.100] CHAPTER 17.80 – SITE PLAN REVIEW PERMIT [SOURCE: 17.14]

17.80.010 Purpose [Source: 17.14.010]

17.80.020 Applicability [Source: 17.14.020]

17.80.030 Building Permit Required [Source: 17.14.080]

17.80.040 Application Filing and Contents [Source: 17.14.030]

17.80.050 Findings and Decision [Source: 17.14.040 and 17.14.050]

17.80.060 Appeals [Source: 17.14.060 and 17.14.070]

17.80.070 Site Plan Agreement [Source: 17.14.090]
CHAPTER 17.82 – ADMINISTRATIVE USE PERMIT [SOURCE: NEW]

17.72.010 Purpose and Intent [Source: NEW]

17.72.020 Applicability [Source: NEW]

17.72.030 Review Authority [Source: NEW]

17.72.040 Application Filing, Processing, and Review [Source: NEW]

17.72.050 Findings and Decision [Source: NEW]

17.72.060 Conditions of Approval [Source: NEW]

17.72.070 Noticing and Public Hearing [Source: NEW]

17.72.080 Appeal Procedures [Source: NEW]

17.72.090 Permit to Run with the Land [Source: NEW]

17.72.100 Modifications to an Approved Permit [Source: NEW] CHAPTER 17.84 – CONDITIONAL USE PERMIT

17.84.010 Purpose [Source: 17.12.010]

17.84.020 Application [Source: 17.12.020]

17.84.030 Actions [Source: 17.12.030 and 17.12.040]

17.84.040 Decision [Source: 17.12.050]

17.84.050 Appeals [Source: 17.12.060 and 17.12.070]

17.84.060 Conditions of Approval [Source: 17.12.080]

17.84.070 Lapse of Conditional Use Permit [Source: 17.12.090]

17.84.080 Renewal of Conditional Use Permit [Source: 17.12.100]

17.74.090 Revocation or Modification [Source: 17.12.120] 94 Section 6, Item A.

Title 17 Zoning Code
8 CHAPTER 17.86 – TEMPORARY USE PERMIT [SOURCE: 17.12.110]

17.86.010 Purpose

17.86.020 Applicability

17.86.030 Application

17.86.040 Uses and Activities

17.86.050 Ineligible Temporary Uses

17.86.060 Revocation and Modification

17.86.070 Permit Renewal
CHAPTER 17.88 – VARIANCE PERMIT

17.88.010 Purpose [Source: 17.16.010]

17.88.020 Application Filing [Source: 17.16.020]

17.88.030 Action by the Commission [Source: 17.16.030]

17.88.040 Action

17.88.050 Appeals [Source: 17.16.050 and 17.16.060]

17.88.060 Conditions of Approval [Source: 17.16.070]
CHAPTER 17.90 – MINOR MODIFICATION PERMIT [SOURCE: 17.16.090]

17.90.010 Application

17.90.020 Review and Action
CHAPTER 17.92 – DEVELOPMENT AGREEMENTS [SOURCE: 17.72]

17.92.010 Purpose and Intent [Source: 17.72.010]

17.92.020 Authority [Source: 17.72.020]

17.92.030 General Plan Consistency [Source: 17.72.030]

17.92.040 Application [Source: 17.72.040]

17.92.050 Review and Approval [Source: 17.72.050]

17.92.060 Commission Hearing [Source: 17.72.060]

17.92.070 Council Hearing [Source: 17.72.070]

17.92.080 Initiation of Amendment or Cancellation [Source: 17.72.080]

17.92.090 Recordation of Agreement [Source: 17.72.090]

17.92.100 Review of Agreement [Source: 17.72.100]
CHAPTER 17.94 – PERMIT MODIFICATION AND REVOCATION [SOURCE: 17.24]

17.94.010 Amendments to Approved Permits

17.94.020 Grounds for Revocation or Modification [Source: 17.24.010]

17.94.030 Modification of Permits [Source: 17.24.020]

17.94.040 Initiation

17.94.050 Public Hearing Requirements [Source: 17.24.040]

17.94.060 Hearings

17.94.070 Appeal [Source: 17.24.060]

17.94.080 Hearing by Council [Source: 17.24.070]
95 Section 6, Item A.

City of Kerman Table of Contents
Final Draft – March 2024
9 CHAPTER 17.96 – DEVELOPMENT PLAN REVIEW PERMIT

17.96.010 Purpose

17.96.020 Applicability

17.96.030 Building Permit Required

17.96.040 Application Filing and Contents

17.96.050 Action

17.96.060 Resolution for Decision

17.96.070 Appeals

17.96.080 Conditions of Approval

17.96.090 Development Standards

17.96.100 Lapse of Development Plan Permit

17.96.110 Revocation or Modification
CHAPTER 17.98 – CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PROCEDURES

17.98.010 Purpose

17.98.020 Applicability

17.98.030 Administration

17.98.040 Exemptions

17.98.050 Environmental Review

17.98.060 Review Authority for the CEQA Finding

17.98.070 Application and Payment of Fees
ARTICLE 7 ZONING CODE ADMINISTRATION
CHAPTER 17.110 – ADMINISTRATIVE RESPONSIBILITY

17.110.010 Purpose [Source: 17.04.010]

17.110.020 City Council [Source: 17.04.020]

17.110.030 Planning Commission [Source: 17.04.030]

17.110.040 Community Development Director

17.110.050 Development Review Committee (DRC)

17.110.060 Administrative Responsibility Overview [Source: Table 17.04-1] CHAPTER 17.112 – AMENDMENTS

17.112.010 Purpose [Source: 17.26.010]

17.112.020 Initiation of Amendment [Source: 17.26.020]

17.112.030 Public Hearings [Source: 17.26.030]

17.112.040 Commission’s Action [Source: 17.26.040]

17.112.050 Council Action [Source: 17.26.050]

17.112.060 New Application [Source: 17.26.060]

17.112.070 Mapping [Source: 17.26.080]

17.112.080 Urgency Zoning Code Amendments [Source: 17.26.090] 96 Section 6, Item A.

Title 17 Zoning Code
10 CHAPTER 17.114 – APPEALS

17.114.010 Purpose [Source: NEW]

17.114.020 Applicability [Source: 17.22.010]

17.114.030 Appeal Timeline

17.114.040 Effect of Filing Notice of Appeal [Source: 17.26.030]

17.114.050 Contents of Notice [Source: 17.26.040]

17.114.060 Actions [Source: 17.26.060]

17.114.070 Director Appeal [Source: 17.26.070]

17.114.080 Automatic Appeals [Source: 17.26.080]
CHAPTER 17.116 – PUBLIC NOTICES AND HEARINGS

17.116.010 Purpose [Source: NEW]

17.116.020 Noticing Requirements for Zoning Code Amendments [17.10.010]

17.116.030 Noticing Requirements for Permits [Source: 17.10.020]

17.116.040 Failure to Receive Notice [Source: 17.10.030]

17.116.050 Notification of More than 1,000 Property Owners [Source: 17.10.040]

17.116.060 Notification of Public Agencies [Source: 17.10.050] CHAPTER 17.118 – ENFORCEMENT AND VIOLATIONS

17.118.010 Purpose [Source: NEW]

17.118.020 Administrative Officials [Source: 17.28.010]

17.118.030 Compliance with Code [Source: 17.28.020

17.118.040 Inspection [Source: 17.28.030

17.118.050 Compliant Regarding Violation [Source: 17.28.040]

17.118.060 Penalty [Source: 17.28.050]
ARTICLE 8 DEFINITIONS
CHAPTER 17.120 – DEFINITIONS [SOURCE: 17.90]

17.130.010 “A” Definitions

17.130.020 “B” Definitions

17.130.030 “C” Definitions

17.130.040 “D” Definitions

17.130.050 “E” Definitions

17.130.060 “F” Definitions

17.130.070 “G” Definitions

17.130.080 “H” Definitions

17.130.090 “I” Definitions

17.130.100 “J” Definitions

17.130.110 “K” Definitions

17.130.120 “L” Definitions

17.130.130 “M” Definitions

17.130.140 “N” Definitions
97 Section 6, Item A.

Table of Contents
11 City of Kerman
Final Draft – March 2024

17.130.150 “O” Definitions

17.130.160 “P” Definitions

17.130.170 “Q” Definitions

17.130.180 “R” Definitions

17.130.190 “S” Definitions

17.130.200 “T” Definitions

17.130.210 “U” Definitions

17.130.220 “V” Definitions

17.130.230 “W” Definitions

17.130.240 “X” Definitions

17.130.250 “Y” Definitions

17.130.260 “Z” Definitions
98 Section 6, Item A.

Title 17 – Zoning Code
Article 1 – Enactment and
Applicability

FINAL DRAFT
March 2024
Table of Contents
CHAPTER 17.02 TITLE, PURPOSE, AND APPLICABILITY OF THE ZONING CODE ................................ 2

17.02.010 Title............................................................................................................................................ 2

17.02.020 Purpose and Authority .............................................................................................................. 2

17.02.030 Applicability ............................................................................................................................... 3

17.02.040 Relationship to Prior Code ........................................................................................................ 3

17.02.050 Relationship to General Plan..................................................................................................... 3

17.02.060 Severability, Partial Invalidation of Zoning Code ...................................................................... 4 CHAPTER 17.04 INTERPRETATION OF THE ZONING CODE ................................................................ 6

17.04.010 Purpose...................................................................................................................................... 6

17.04.020 Rules of Interpretation.............................................................................................................. 6

17.04.030 Uses Not Classified .................................................................................................................... 7

17.04.040 Conflicting Uses and Requirements .......................................................................................... 7

17.04.050 Heading and Illustrations .......................................................................................................... 8 CHAPTER 17.06 ZONES AND ZONING MAP ..................................................................................... 10

17.06.010 Purpose and Intent.................................................................................................................. 10

17.06.020 Establishment of Zones........................................................................................................... 10 99 Section 6, Item A.

Article 1 – Enactment and Applicability City of Kerman Zoning Code Final Draft – March 2024
ii

17.06.030 Zoning Map.............................................................................................................................. 13

17.06.040 Determination of Boundaries.................................................................................................. 13

17.06.050 Classification of Annexed Lands.............................................................................................. 14 100
Section 6, Item A.

Article 1 – Enactment and Applicability City of Kerman Zoning Code Final Draft – March 2024
iii
This page intentionally left blank.
101
Section 6, Item A.
102
Section 6, Item A.

Chapter 17.02
Title, Purpose, and Applicability
of the Zoning Code
103
Section 6, Item A.

Chapter 17.02 Title, Purpose, and Applicability of the Zoning Code 2 Chapter 17.02 Title, Purpose, and Applicability of the Zoning Code

17.02.010 Title
Title 17 of the City of Kerman Municipal Code, containing the City’s zoning regulations, shall be known as the “City of Kerman Zoning Code”, and referred to as the “Zoning Code.” [Source: NEW]

17.02.020 Purpose and Authority
A. Purpose of the Zoning Code. The purpose of the Zoning Code is to preserve and promote the public health, safety, and welfare of the City, and to facilitate growth and expansion of the City in a precise and orderly manner. More specifically, this Zoning Code is adopted to achieve the following objectives: [Source: 17.02.020]

1. Assure that the public and private lands are ultimately used for purposes which are appropriate and most beneficial for the City;

2. Implement the goals, policies, implementation programs, and Land Use Map of the General Plan;

3. Assure the appropriate location of community facilities;

4. Promote a safe, effective traffic circulation system;

5. Require adequate off-street parking and loading areas;

6. Prevent the overbuilding of land by development through the regulation of parcel coverage, setbacks, height, and parcel density and dimensions;

7. Promote a well-designed City through the regulation of signs, landscaping, structure design, and other improvement standards associated with development;

8. Promote and protect commercial and industrial development within the City, in order to strengthen its economic base; and

9. To conserve the City’s natural resources and community assets.

B. Authority. This Zoning Code is enacted based on the authority vested in the City by the State of California, including but not limited to the State Constitution; the Planning and Zoning Law (Government Code Sections 65000 et seq.); and the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.). [Source: NEW]
104
Section 6, Item A.

Article 1 – Enactment and Applicability Chapter 17.02
Final Draft – March 2024
3 17.02.030 Applicability
This Zoning Code applies to all areas within the municipal boundaries of the City of Kerman whether owned, leased, or operated by private persons, farms, corporations, or organizations. Additionally, any property owned, leased, or operated by the United States; the State of California; the County of Fresno; or, any other public or governmental body or agency shall be governed by the provisions of this Zoning Code, as follows:
[Source: 17.02.040]
A. Where such public or governmental uses are specifically listed, they shall be governed as indicated.

B. Where such public or governmental uses are not specifically listed, they shall be permitted only in zones allowing private uses of a substantially similar nature as provided in Subsection 17.04.030.B (Classification of Uses).

C. Property owned by the United States; the State of California; the County of Fresno; or any other governmental agency shall be exempt from the provisions of this Zoning Code only to the extent that their property may not be lawfully regulated by the City.

17.02.040 Relationship to Prior Code
The provisions of this Zoning Code, as it existed before the effective date of Ordinance No. (insert ordinance number to adopt this update), are repealed and superseded as provided in the ordinance enacting this Title.

No provision of this Zoning Code shall validate or legalize any land use, structure, or subdivision constructed, created, established, or maintained in violation of the City as they existed before repeal by the ordinance enacting this Zoning Code, except as addressed by nonconformities created by this Zoning Code, in compliance with Article 5 (Nonconformities). [Source: NEW]

17.02.050 Relationship to General Plan
A. Zoning Code is the Primary Tool. Nothing in this Zoning Code eliminates the need for obtaining any other permits or entitlements required by the City, or any permit, approval, or entitlement required by the regulations of any regional, State, or Federal agency. [Source: NEW]

1. General Plan. The General Plan is a comprehensive, long-range, general policy statement for the entire community. The General Plan designates appropriate locations and densities for residential, commercial, mixed use, industrial, office, public, and open space uses.

2. Zoning Code. This Zoning Code is a specific statement of allowable uses of land and related development standards by zone designed to control the use, type, bulk, height, space, and location of structures and land. This Zoning Code is intended to be applied to the City based on land use designations established in the General Plan. 105
Section 6, Item A.

Chapter 17.02 Title, Purpose, and Applicability of the Zoning Code 4 B. General Plan Consistency. The Council intends that this Zoning Code be consistent with the General Plan and any applicable specific plan to the maximum extent practicable, and that any development, land use, or subdivision approved in compliance with this Zoning Code shall also be consistent with the General Plan and any applicable specific plan to the maximum extent practicable. [Source: NEW]
C. Inconsistencies Between the General Plan and Zoning Code. Where inconsistencies are found to exist between the General Plan and this Zoning Code, the General Plan shall control the use and development of the land until the Council adopts an amendment(s) to achieve consistency with the existing or current General Plan. [Source: NEW]

17.02.060 Severability, Partial Invalidation of Zoning Code If any portion of this Zoning Code is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, the determination shall not affect the validity of the remaining portions of this Zoning Code. The Council hereby declares that this Zoning Code and each article, chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase, and portion thereof is adopted without regard to the fact that one or more portions of this Zoning Code may be declared invalid, unconstitutional, or unenforceable. [Source: NEW]
106
Section 6, Item A.

Chapter 17.04
Interpretation of the Zoning
Code
107
Section 6, Item A.

Chapter 17.04 Interpretation of the Zoning Code
6 Chapter 17.04 Interpretation of the Zoning Code

17.04.010 Purpose
The purpose of this Chapter is to specify the authority and procedures for clarifying any ambiguity in this Zoning Code, and to ensure its consistent interpretation and application. [Source: NEW]

17.04.020 Rules of Interpretation
A. Authority. The Director shall decide any questions involving the interpretation or application of any provision of this Zoning Code. However, any interpretation of the Director may be appealed to the Commission and the interpretation of the Commission may be appealed to the Council. [Source:

17.06.010]
B. Language.

1. When used in this Zoning Code, the word "shall" is always mandatory and not discretionary. The word “should” is not mandatory but is strongly recommended. The word "may" is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural, and the plural the singular, unless the natural construction of the word indicates otherwise. The words "includes" and “including” shall not limit a term to the specific examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character. [Source: 17.06.040, modified]

2. The word "City" shall mean the City of Kerman.

3. The word "Council" shall mean the City Council of the City of Kerman. The word "Commission" shall mean the Planning Commission of the City of Kerman. [Source: 17.06.040, modified]

4. The word “Director” shall mean the Community Development Director of the City of Kerman or their designee. In the event that position title is modified, the word “Director” shall refer to that position title and to the position responsible for implementing and enforcing this Zoning Code. [Source: NEW]
C. Time Limits. Whenever a number of days is specified in this Zoning Code, or in any permit, condition of approval, or notice provided in compliance with this Zoning Code, the number of days shall be construed as calendar days. A time limit shall extend to the following working day where the last of the specified number of days falls on a Saturday, Sunday, or City recognized holiday. [Source: NEW] D. Zoning Map Boundaries. See Section 17.06.050 (Uncertainty of Boundaries). [Source: 17.06.030] 108
Section 6, Item A.

Article 1 – Enactment and Applicability Chapter 17.04
Final Draft – March 2024
7 E. Allowable Uses of Land. See Article 2 (Zones, Allowable Uses and Development Standards). [Source:

NEW]
F. State Law Requirements. Where this Zoning Code references applicable provisions of State law (for example, the California Government Code, Subdivision Map Act, or Public Resources Code), the reference shall be interpreted to be to the applicable State law provisions as they may be amended from time to time. [Source: NEW]

17.04.030 Uses Not Classified
A. Uses Not Listed are Not Allowed. Since the language used in this Zoning Code is deemed permissive, if a proposed use of land is not specifically listed in Article 2 (Zones, Allowable Uses, and Development Standards), the use shall not be allowed, except as provided in Subsection B, below. [Source: NEW]
B. Classification of Uses. The Council authorizes the Director to make written findings on requests for a classification of use. In determining the use classification, the Director must find that the use is substantially similar in character, intensity, and compatibility to a use or uses within the zone applicable to the property. [Source: 17.06.060]
C. Applicable Standards and Permit Requirements. Based on this finding, the use shall be processed in the same manner as the similar use and shall be subject to the same standards and regulations. In such instances, the Director may also initiate proceedings to update the Zoning Code to add the specific use under consideration. [Source: 17.06.060]
D. Director Determination. By written determination, the Director may approve, modify, or deny a classification of use. The decision of the Director shall be final unless appealed to the Commission.

Said appeal shall be filed and processed in compliance with Chapter 17.114 (Appeals). [Source:

17.06.060]

17.04.040 Conflicting Uses and Requirements
A. Differences in Meaning. In case of difference of meaning or implication between the text of this Zoning Code and any other ordinance now in effect or hereafter adopted, or any caption within this Zoning Code, the text of this Zoning Code shall prevail. [Source: 17.06.050, modified] B. Easements, Covenants, and Private Agreements. It is not the intention of this Zoning Code to interfere with or abrogate or annul any easements, covenants, or other agreements between parties. However, where this Zoning Code imposes a greater restriction upon the use of structures or parcels, or upon the height of buildings, or requires larger parcel areas than are required by other ordinances, rules, regulations or by easements, covenants or agreements, the regulations of this Zoning Code shall prevail. [Source: 17.06.020]
109
Section 6, Item A.

Chapter 17.04 Interpretation of the Zoning Code
8 17.04.050 Heading and Illustrations
A. Headings. The headings of the article, chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase, and portion thereof of this Zoning Code, together with the accompanying illustrations, examples, and explanatory notes, are inserted as a matter of convenience and illustrative purposes only and in no way define, limit, or enlarge the scope or meaning of this Zoning Code or its provisions. [Source: NEW]
B. Illustrations and Diagrams. In case of a conflict between the Zoning Code text and any diagram, illustration, or image contained in this Code, the text of this Zoning Code shall prevail. [Source: NEW] 110
Section 6, Item A.

Chapter 17.06
Zones and Zoning Map
111
Section 6, Item A.

Chapter 17.06 Zones and Zoning Map
10 Chapter 17.06 Zones and Zoning Map

17.06.010 Purpose and Intent
A. Purpose. This Chapter establishes the zones applied to property within the City and adopts the City's Zoning Map. [Source: NEW]
B. Intent. The intent of this Chapter is to promote development in the City which is consistent with the goals, polices, and implementation programs of the General Plan. [Source: 17.30.010]

17.06.020 Establishment of Zones
A. General. The City shall be divided into zones which implement the General Plan. The zones shown in Table 17.06-1 (Zone Classifications) are hereby established and shall be shown on the Zoning Map. [Source: NEW]
B. Base Zones. Every parcel shall have a base zone that establishes the primary type and intensity of land use allowed, along with development standards for that particular type and intensity of land use. [Source: 17.30.030, modified]
C. Combining Zones. A combining zone supplements the base zone for the purpose of establishing special land use allowances or limitations or development standards and regulations for a particular area in addition to the provisions of the underlying base zone. In the event of conflict between the base zone regulations and the combining zone regulations, the Director shall determine which regulation(s) apply. When a combining zone is attached to a base zone additional governmental review may be required. [Source: 17.30.030, modified]
Table 17.06-1
Zone Classifications
Zoning Map
Symbol Zone Name
Density
NonResidential
FAR Corresponding General Plan
Land Use Designation(s)
(maximum unless otherwise
specified)
Residential Zones
RR Rural Residential
2 du/ac - Very Low Density Residential (VLDR)
- - Quasi-Public (QP)
- - Schools (S)
RR-43 Rural Residential (43,000 sq. ft. min.)
2 du/ac - Very Low Density Residential (VLDR)
- - Quasi-Public (QP)
- - Schools (S)
112
Section 6, Item A.

Article 1 – Enactment and Applicability Chapter 17.06
Final Draft – March 2024
11 Table 17.06-1
Zone Classifications
Zoning Map
Symbol Zone Name
Density
NonResidential
FAR Corresponding General Plan
Land Use Designation(s)
(maximum unless otherwise
specified)
RR-100 Rural Residential (100,000 sq. ft. min.)
2 du/ac - Very Low Density Residential (VLDR)
- - Quasi-Public (QP)
- - Schools (S)
R-1-7 Single-Family Residential (7,000 sq. ft. min.)
9 du/ac - Low Density Residential (LDR)
12 du/ac - Medium Density Residential (MDR)
- - Quasi-Public (QP)
- - Schools (S)
R-1-12 Single-Family Residential (12,000 sq. ft. min.)
9 du/ac - Low Density Residential (LDR)
12 du/ac - Medium Density Residential (MDR)
- - Quasi-Public (QP)
- - Schools (S)
R-2 Two-Family Residential
12 du/ac - Medium Density Residential (MDR)
- - Quasi-Public (QP)
- - Schools (S)
R-3 Multi-Family Residential
20 du/ac
(min.) - High Density Residential (HDR) 24 du/ac
(max.)
- - Quasi-Public (QP)
- - Schools (S)
Residential Zones - Smart Development (SD) Combining
SD-R-2.5 SD Residential (2,500 sq. ft. min.)
20 du/ac
(min.) - High Density Residential (HDR) 24 du/ac
(max.)
12 du/ac - Medium Density Residential (MDR)
- - Quasi-Public (QP)
- - Schools (S)
SD-R-3.5 SD Residential (3,500 sq. ft. min.)
12 du/ac - Medium Density Residential (MDR)
- - Quasi-Public (QP)
- - Schools (S)
SD-R-4.5 SD Residential (4,500 sq. ft. min.)
9 du/ac - Low Density Residential (LDR)
12 du/ac - Medium Density Residential (MDR)
- - Quasi-Public (QP)
- - Schools (S)
113
Section 6, Item A.

Chapter 17.06 Zones and Zoning Map
12 Table 17.06-1
Zone Classifications
Zoning Map
Symbol Zone Name
Density
NonResidential
FAR Corresponding General Plan
Land Use Designation(s)
(maximum unless otherwise
specified)
SD-R-5.0 SD Residential (5,000 sq. ft. min.)
9 du/ac - Low Density Residential (LDR)
12 du/ac - Medium Density Residential (MDR)
- - Quasi-Public (QP)
- - Schools (S)
Residential Zones - Planned Development (PD) Combining
PD-R-1 PD Single-Family Residential
9 du/ac - Low Density Residential (LDR)
- - Quasi-Public (QP)
- - Schools (S)
PD-R-1-7 PD Single-Family Residential (7,000 sq. ft. min.) 9 du/ac - Low Density Residential (LDR)
12 du/ac - Medium Density Residential (MDR)
- - Quasi-Public (QP)
- - Schools (S)
PD-R-1-12 PD Single-Family Residential (12,000 sq. ft. min.) 9 du/ac - Low Density Residential (LDR)
12 du/ac - Medium Density Residential (MDR)
- - Quasi-Public (QP)
- - Schools (S)
Commercial and Office Zones
CG General Commercial
- 0.3 General Commercial (GC)
- 0.3 Regional Commercial (RC)
- 1.0 Office (O)
CN Neighborhood Commercial - 0.5 Neighborhood Commercial (NC) CS Service Commercial
- 0.3 General Commercial (GC)
- 0.3 Service Commercial (SC)
- 0.3 Regional Commercial (RC)
PA Professional and Administrative Office - 1.0 Office (O) Mixed-Use Zone
MU Mixed-Use 20 du/ac 1.0 Mixed-Use (MU)
Industrial Zones
M-1 Light Industry - 0.3 Industrial (I)
M-2 Heavy Industry - 0.3 Industrial (I)
-IBA Industrial Boulevard Area Combining - 0.3 Industrial (I) Public and Quasi-Public Zones
O Open Space, Recreation, & Public Facilities - - Public/Quasi-Public (PUB) 114
Section 6, Item A.

Article 1 – Enactment and Applicability Chapter 17.06
Final Draft – March 2024
13 Table 17.06-1
Zone Classifications
Zoning Map
Symbol Zone Name
Density
NonResidential
FAR Corresponding General Plan
Land Use Designation(s)
(maximum unless otherwise
specified)
- - Parks (P)
- - Ponding Basins (PB)
UR Urban Reserve - - Urban Reserve

17.06.030 Zoning Map
A. Adoption. The Council hereby ratifies the City of Kerman Zoning Map (hereafter referred to as the "Zoning Map"), which is on file with the Community Development Department. Such ratification is deemed adoption of the Zoning Map. This Zoning Code, together with the Zoning Map, is adopted in compliance with current State planning, zoning, and development laws. The Zoning Map is hereby incorporated into this Zoning Code by reference as though it were fully included here. Any additional maps (e.g., setback map, height map) adopted shall also be a part of this Zoning Code by reference. [Source: NEW]
B. Zoning Map Contents. The boundaries, designations, and locations of the zones established by this Zoning Code shall be shown upon the Zoning Map. [Source: NEW] C. Zoning Map Amendments. Amendments to the existing zone boundaries of any identified zones shall be made by ordinance (rezone) in compliance with Chapter 17.112 (Amendments). [Source:

NEW]

17.06.040 Determination of Boundaries
A. General. In the event of a difference or conflict between the text of this Zoning Code and the zones shown on the Zoning Map, the designation(s) on the Zoning Map shall prevail. [Source: 17.06.030] B. Uncertainty of Boundaries. Where uncertainty exists with respect to the boundaries of the various zones as shown on the official Zoning Map, the following rules shall apply: [Source: 17.06.030, 17.30.050, modified by staff on 8/12/21]
115
Section 6, Item A.

Chapter 17.06 Zones and Zoning Map
14 1. Where a boundary is indicated as a street, alley, railroad right-of-way, canal, or other watercourse, the centerline of such shall be considered to be the boundary line. In the event of abandonment, the property shall immediately become classified in the same zone as the property adjoining the former street, alley, railroad right-of-way, canal or watercourse.

2. Where doubt exists as to the location of a zone boundary in the interior of a block, the boundary shall be the nearest interior parcel line existing at the effective date of the ordinance codified in this Zoning Code or at the date when the property may have been subsequently rezoned.

3. Where the street layout on the ground or the parcel lines differ from such layout or lines shown on the Zoning Map, the matter shall be referred to the Director to determine the exact boundary and the map shall be amended to conform to the layout on the ground.

17.06.050 Classification of Annexed Lands
A. Where property annexed to the City has been classified by the City pursuant to pre-zoning provisions, such pre-zoning classification becomes effective at the same time the annexation becomes effective. The method of accomplishing pre-zoning, determining the zone that will apply to such property in the event of sub-annexation to the City, shall be the same as that specified for change amendments in compliance with Chapter 17.112 (Amendments). [Source: 17.30.060.A] B. When property is annexed to the City it shall be pre-zoned to a zone that is consistent with the General Plan. If a General Plan land use designation has not been placed upon the property, the land shall be pre-zoned concurrent with a General Plan amendment. [Source: 17.30.060.B] 116
Section 6, Item A.

This page intentionally left blank.
117
Section 6, Item A.

17 – Zoning Code
Article 2 – Zones, Allowable Uses,
and Development Standards

FINAL DRAFT
April 2024
Table of Contents
CHAPTER 17.10 RESIDENTIAL ZONES ................................................................................................. 2

17.10.010 Purpose and Intent of Residential Zones .................................................................................. 2

17.10.020 Residential Zones Land Use Regulations................................................................................... 2

17.10.030 Residential Zones Development Standards............................................................................... 4

17.10.040 Accessory Structures............................................................................................................... 10

17.10.050 Signs......................................................................................................................................... 10

17.10.060 Fences, Walls, and Hedges...................................................................................................... 10

17.10.070 Parking..................................................................................................................................... 11

17.10.080 Recreation and Open Space. ................................................................................................... 11

17.10.090 Site Plan Review ...................................................................................................................... 11

17.10.100 Architectural Standards: R-1, R-1-7, and R-1-12 Zones........................................................... 11 CHAPTER 17.12 COMMERCIAL, OFFICE, AND MIXED-USE ZONES .................................................. 14

17.12.010 Purpose and Intent of Commercial, Office, and Mixed-Use Zones......................................... 14

17.12.020 Commercial, Office, and Mixed-Use Zones Land Use Regulations.......................................... 15

17.12.030 Commercial, Office, and Mixed-Use Zones Development Standards..................................... 18

17.12.040 Accessory Structures............................................................................................................... 20 118
Section 6, Item A.

Article 2 – Zones, Allowable Uses, and Development Standards City of Kerman Zoning Code Final Draft – April 2024
ii

17.12.050 Signs......................................................................................................................................... 20

17.12.060 Fences, Walls, and Hedges...................................................................................................... 20

17.12.070 Parking..................................................................................................................................... 20

17.12.080 Site Plan Review ...................................................................................................................... 21 CHAPTER 17.14 INDUSTRIAL ZONES ................................................................................................ 24

17.14.010 Purpose and Intent of Industrial Zones................................................................................... 24

17.14.020 Industrial Zones Land Use Regulations.................................................................................... 24

17.14.030 Industrial Zones Development Standards............................................................................... 27

17.14.040 Accessory Structures............................................................................................................... 28

17.14.050 Signs......................................................................................................................................... 28

17.14.060 Fences, Walls, and Hedges...................................................................................................... 28

17.14.070 Parking..................................................................................................................................... 29

17.14.080 Site Plan Review ...................................................................................................................... 29 CHAPTER 17.16 PUBLIC AND QUASI-PUBLIC ZONES ....................................................................... 32

17.16.010 Purpose and Intent of Public and Quasi-Public Zones ............................................................ 32

17.16.020 Public and Quasi-Public Zones Land Use Regulations............................................................. 32

17.16.030 Public and Quasi-Public Zones Development Standards......................................................... 34

17.16.040 Signs......................................................................................................................................... 35

17.16.050 Fences, Walls, and Hedges...................................................................................................... 35

17.16.060 Parking..................................................................................................................................... 36 CHAPTER 17.18 COMBINING ZONES ................................................................................................ 38

17.18.010 Purpose and Intent of Combining Zones................................................................................. 38

17.18.020 Planned Development Combining Zone (PD) Standards and Regulations.............................. 39

17.18.030 Smart Residential Development Combining Zone (SD) Standards and Regulations............... 43

17.18.040 Industrial Boulevard Area Combining Zone (IBA) Standards and Regulations........................ 48 119
Section 6, Item A.

Article 2 – Zones, Allowable Uses, and Development Standards City of Kerman Zoning Code Final Draft – April 2024
iii
This page intentionally left blank.
120
Section 6, Item A.
121
Section 6, Item A.

Chapter 17.10
Residential Zones
122
Section 6, Item A.

Chapter 17.10 Residential Zones
2 Chapter 17.10 Residential Zones

17.10.010 Purpose and Intent of Residential Zones
The purposes and intent of the residential zones are as follows:

A. RR, RR-43, RR-100 – Rural Residential Zones. The purpose of the rural residential zones are to preserve the rural character of the City by providing for areas that allow low density residential development on large lots. These zones are intended to serve as transition areas between urbanizing lands and existing agriculture operations. The rural residential zones are categorized by minimum parcel size as follows: 0.5 acre for RR, 1-acre, or 43,000 square feet for RR-43, and 2.5- acres or 100,000 square feet for RR-100. The rural residential zones implement the Very Low Density Residential (VLDR), Quasi-Public (QP), and Schools (S) land use designations in the General Plan. [Source: 17.36.010, modified]
B. R-1-7, R-1-12 – Single-Unit Residential Zones. The purpose of the single-unit residential zones are to provide areas in the City that allow low and medium density residential development and other compatible uses. These zones are intended to promote an environment which is free of traffic and parking congestion, significant noise levels, and uses which are not complementary to residential neighborhoods. The R-1 residential zones are categorized by minimum parcel size as follows: 7,000 square feet for R-1-7, and 12,000 square feet for R-1-12. The single-unit residential zones implement the Low Density Residential (LDR), Medium Density Residential (MDR), Quasi-Public (QP), and Schools (S) land use designations in the General Plan. [Source: 17.40.010, modified] C. R-2, R-3 – Multi-Unit Residential Zones. The purpose of the multi-unit residential zones are to provide areas in the City that allow a range of medium and high density residential development and other compatible uses. Development in these zones is to be designed in a manner which does not conflict with surrounding land uses and does not over burden local streets. The multi-unit residential zones are categorized by maximum density as follows: R-2 and R-3. The multi-unit zones implement the Medium Density Residential (MDR), High Density Residential (HDR), Quasi-Public (QP), and Schools (S) land use designations in the General Plan. [Source: 17.42.040, modified]

17.10.020 Residential Zones Land Use Regulations
A. Table 17.10-1 Land Use Regulations – Residential Zones. Table 17.10-1 (Land Use Regulations – Residential Zones) establishes the uses allowed within each residential zone and any permits required to establish the use. [Source: NEW]
B. Uses Not Listed. Land uses not listed in Table 17.10-1 (Land Use Regulations – Residential Zones) are not allowed, in compliance with Section 17.04.030 (Uses Not Classified).[Source: NEW] 123
Section 6, Item A.

Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.10 Final Draft – April 2024
3 C. Additional Regulations. The right-hand column in Table 17.10-1 (Land Use Regulations – Residential Zones) indicates additional regulations that may apply to the use. Provisions in other sections of this Zoning Code may also apply. [Source: NEW]
Table 17.10-1
Land Use Regulations – Residential Zones
Key: P = Allowed by Right; AUP = Administrative Use Permit; (−) = Not Allowed CUP = Conditional Use Permit
Land Use
(see Article 8 for land
use definitions)
Permit Requirement by Zone
Additional
Regulations R
R
R
R-43
RR-100
R-1-7
R-1-12
R-2R-3
Agriculture, Resource, & Open Space Uses`
Accessory Structure,
Agricultural P P P - - -
Chapter 17.22 (Accessory
Structures)
Human Services Uses
Cemetery CUP CUP CUP CUP CUP - -
Child Day Care Home P P P P P P P
Community Care Facility,
Large P P P P P P P
Community Care Facility,
Small P P P P P P P
Day Care Center CUP CUP CUP CUP CUP CUP CUP
Emergency Shelter - - - - - - P Section 17.40.030
Recreation, Education, and Public Assembly Uses
Place of Assembly - - - CUP CUP CUP CUP
School, Private and
Vocational CUP CUP CUP - - CUP CUP
Residential Uses
Accessory Structure,
Residential P P P P P P P
Chapter 17.22 (Accessory
Structures)
Boarding House - - - - - CUP CUP
Cottage Food Operation P P P P P P P
Dwelling, Accessory
Dwelling Unit (ADU) P P P P P P P
Section 17.40.010
(Accessory Dwelling Unit)
Dwelling, Multi-Unit
(three or more (Up to 40
units)
- - - - - P P
Chapter 17.46 (Multi-Unit
Dwelling Objective Design
Standards)
Dwelling, Multi-Unit (41
or more units) - - - - - CUP CUP
Dwelling, Multi-Unit
(20% units affordable to
lower-income)
- - - - - P P
Dwelling, Single-Unit P P P P P CUP CUP
Section 17.10.100
(Architectural Standards:

R-1-7 and R-1-12 Zones)
Dwelling, Two-Unit - - - CUP CUP P P
Employee Housing P P P P P P P
124
Section 6, Item A.

Chapter 17.10 Residential Zones
4 17.10.030 Residential Zones Development Standards
Table 17.10-2 Development Standards – Residential Zones. Table 17.10-2 (Development Standards – Residential Zones) establishes parcel and structure standards that apply to all development in the specified zone. Provisions in other sections of this Zoning Code may also apply. [Source: 17.36.040, modified] Home Occupation P P P P P P P
Section 17.40.040 (Home
Occupation)
Mobile Home Park CUP CUP CUP - - CUP CUP
Section 17.40.050 (Mobile
Home Park) Section

17.10.100 (Architectural
Standards: R-1-7 and R-1-
12 Zones)
Single Room Occupancy
Housing - - - CUP CUP P P
Supportive/Transitional
Housing P P P P P P P
Retail, Service, and Office Uses
Kennel CUP CUP CUP - - - -
Subdivision Sales Office P P P P P P P
Veterinary Clinic, Large CUP CUP CUP - - - -
Veterinary Clinic, Small CUP CUP CUP - - - -
Public, Utility, Transportation, and Communication Uses Public and Quasi-Public
Use CUP CUP CUP CUP CUP CUP CUP
Utility Facility and
Infrastructure CUP CUP CUP CUP CUP CUP CUP
Wireless
Telecommunication
Facility, Small Cell

CUP CUP CUP CUP CUP CUP CUP
Wireless
Telecommunication
Facility, Tower
CUP CUP CUP CUP CUP CUP CUP See Section 17.40.070
125
Section 6, Item A.

Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.10 Final Draft – April 2024
5 Table 17.10-2
Development Standards – Residential Zones
Development
Feature
(minimum unless
otherwise specified)
Zone
RR RR-43 RR-100 R-1-7 R-1-12 R-2 R-3
General
Density (max. du/ac) 2 2 2 9-12 9-12 12 20-24
Structure Coverage
(max. percentage of
total parcel area)
40 40 40 40 40 50 50
Parcel Size 0.5 acres 1.0 acres 2.5 acres 7,000 sq.
ft.
12,000 sq.
ft.
7,000 sq.
ft.
7,000 sq.
ft.

Height (max. ft.)
Main Structure 35 35 35 35 35 35 45
5 Accessory Structure 45 45 45 121,7 121,7 121 121
Parcel Dimensions
Depth to Width Ratio
(max.)
3:1 3:1 3:1 n/a n/a n/a n/a
Depth (ft.) n/a n/a n/a 100 100 n/a n/a
Width (ft.)
Interior Parcels 120 120 120 70 120 70 70
Cul-de-sac Parcels 60 60 60 40 65 40 40
Corner Parcels 120 120 120 75 120 75 75
Reverse Corner
Parcels n/a n/a n/a 70 120 70 70
Yards (ft.)2
Front 35 35 35 20
4,6 206 156 156
Rear 25 25 25 153 153 10
3 103
Side
Interior Parcels 15 15 15 5 5 5 5
Corner Parcel: Street
Side 35 35 35 108 108 5 5
Specific Standards
1 Garages and carports are allowed a maximum height of 15 feet. [Source: 17.40.040.D.2] 2 All required yards shall extend the full width or depth of the parcel and shall be open from the ground to the sky, with the following exceptions:

A. Belt courses, cornices, eaves, sills, fireplace chimneys and other similar architectural features may extend or project into a required side yard not more than seven inches for each one foot of the width of such required side yard and may extend or project into a front or rear yard not more than thirty-six inches.

B. Uncovered, unenclosed porches, platforms, or landing places which do not extend above the level of the first floor of the building may extend into any front yard not more than six feet and may extend into any side or rear yard not more than three feet.

C. Open, unenclosed stairways or balconies not covered by a roof or canopy may extend or project into a required front yard not more than thirty-six inches. [Source: 17.36.040.E, 17.42.040.F.4] 126
Section 6, Item A.

Chapter 17.10 Residential Zones
6 Table 17.10-2
Development Standards – Residential Zones
Development
Feature
(minimum unless
otherwise specified)
Zone
RR RR-43 RR-100 R-1-7 R-1-12 R-2 R-3
3 Covered patios are allowed to encroach up to five feet from the rear property line subject to approval of a minor deviation if they meet the following:

A. The lot must meet the structure coverage requirement; B. Patio cannot be enclosed;
C. Must maintain a minimum five-foot setback-clear to the sky; D. The patio roof cannot exceed 12 feet in height with a maximum pitch of 2 to 12; and E. The applicant shall submit a plot plan for a Building Permit in addition to the structural renderings. [Source:

17.40.040,E.4.d, modified]
4 Cul-de-sac and curved parcels within the R-1-7 zone shall have a front yard setback distance of 15 feet. A curved parcel is a parcel that has frontage of 50 percent or more along a curved street with a curve radius of 100 feet or less. [Source:

17.40.040.E.1.a, modified]
5 The structure height in the R-3 zone shall be limited to a single-story within 75 feet of either an R-1-7 or R-1-12 zone. [Source: 17.42.040.E.1]
6 Building additions or expansions are allowed to encroach up to five feet from the standard front setback subject to the approval of minor deviation.
7 The maximum height of flagpoles, antennas, and the similar features shall have a maximum height of 80 feet. [Source:
8 Street side setback standards for corner parcels shall apply to both structures and fences. NEW] 127
Section 6, Item A.

Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.10 Final Draft – April 2024
7 Figure 17.10-1
Minimum Parcel Dimensions: R-1, R-1-7, R-1-12 Zones

128
Section 6, Item A.

Chapter 17.10 Residential Zones
8 Figure 17.10-2
Minimum Parcel Dimensions: R-2, R-3 Zones

129
Section 6, Item A.

Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.10 Final Draft – April 2024
9 Figure 17.10-3
Yard Requirements: R-1, R-1-7, R-1-12 Zones

Figure 17.10-4
Yard Requirements: R-2, R-3 Zones

130
Section 6, Item A.

Chapter 17.10 Residential Zones
10 17.10.040 Accessory Structures
Construction of accessory structures shall be consistent with the standards established in Chapter 17.22 (Accessory Structures). [Source: 17.40.050]

17.10.050 Signs
Signs shall be consistent with the requirements of Chapter 17.30 (Sign Regulations). [Source: 17.36.050,

17.40.060, 17.42.050]

17.10.060 Fences, Walls, and Hedges
A. Fences, walls, and hedges shall be consistent with the clear vision triangle provisions established in Section 17.20.030 (Clear Vision Triangle). [Source: 17.36.060.A, 17.40.070.A, 17.42.060.A] B. Fences, walls, and hedges shall not exceed seven feet in height in any rear or side yard, except where a six feet block wall are required. [Source: 17.36.060.B, 17.40.070.B, 17.42.060.B] C. Fences, walls, and hedges shall not exceed 42 inches in height in any required front yard area, in compliance with Chapter 17.24 (Fences, Walls, and Hedges). [Source: 17.36.060.C, 17.40.070.D,

17.42.060.C, 17.42.060.D, modified]
D. Swimming pools shall be entirely enclosed by a wall or fence at least five feet in height and be selfclosing, or as required by California Building Code. [Source: 17.36.060.D, 17.40.070.E, 17.42.060.E] E. Fences or structures exceeding seven feet in height, to enclose tennis courts or other game areas, located within the rear half of a lot shall be composed of wire mesh capable of admitting at least 90 percent of light as measured on a calibrated light meter. [Source: 17.36.060.E, 17.40.070.F,

17.42.060.F]
F. All fence posts to be placed in the ground shall be treated prior to installation to prevent rot or insect damage. [Source: 17.36.060.F]
G. On property developed with four or more dwelling units, all property lines that adjoin a single-unit residential zone shall construct a seven-foot solid masonry wall along the adjoining property lines.

For the purpose of this Subsection, when properties are separated by an alley, they are considered to adjoin and a wall shall be constructed along the side of the alley which is in the R-2 or R-3 zones. [Source: 17.42.060.G]
131
Section 6, Item A.

Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.10 Final Draft – April 2024
11 17.10.070 Parking
A. Off-street parking and loading shall be consistent with the requirements of Chapter 17.28 (Parking, Loading, and Access). [Source: 17.36.070, 17.40.080, 17.42.070] B. No more than fourty percent of any front, side,street side, or rear yard area shall be used for excess parking, beyond what is required by subsection (A) above.

C. A Zoning Clearance shall be required for any excess parking proposed beyond what is permitted by subsection (B) above.

D. Public Utility Easements shall not be hardscaped, unless permitted by the governing planning permit.

17.10.080 Recreation and Open Space.

A. Single-Family Dwelling zones. A minimum of 50 percent of the front yard area shall be landscaped with a combination of trees, turf, or shrubbery. Hybrid Bermuda or other grass that requires a minimum of water shall be encouraged. All landscaped areas shall be provided with an automatic irrigation system.

B. Multi-Family Dwelling zones. On each building site where there are more than 10 multi-unit dwellings proposed, there shall be provided landscaped and usable recreational and open space areas equaling at least five percent of the net parcel area or 400 square feet for each dwelling unit, whichever is deemed most feasible by the Director. Usable open space shall mean the area within the project site which is suitable for use by the residents of the residential development, not including parking areas, private patios, required building separations, storage areas, parking access, and/or front and side yards. [Source: 17.42.080]

17.10.090 Site Plan Review
A site plan for new construction of multi-unit dwellings or construction that increases the square footage or the number of units within the R-2 and R-3 zones shall be submitted to the Planning Division. [Source:

17.42.090, modified]

17.10.100 Architectural Standards: R-1-7, and R-1-12 Zones In addition to the standards established in Chapter 17.48 (Single-Unit Dwelling Design Standards), the following architectural standards shall apply to all single-unit dwellings, including mobile homes, in the R1-7 and R-1-12 zones. Design standards for multi-unit dwelling development is established in Chapter 17.46 (Multi-Unit Dwelling Design Standards).[Source: 17.40.090] 132
Section 6, Item A.

Chapter 17.10 Residential Zones
12 A. The minimum width of a primary single-unit dwelling or mobile home shall be twenty feet. [Source:

17.40.090.A]
B. Mobile homes must be certified under the National Manufactured Home Construction and Safety Standards Act of 1974. [Source: 17.40.090.B]
C. All dwelling units shall be attached to a permanent foundation, pursuant to the State Health and Safety Code, Section 18551. [Source: 17.40.090.C]
D. Roofing material shall be composed of composition shingles, ceramic or concrete tile. [Source:

17.40.090.D]
E. Exterior siding material shall be composed of, or look like, wood, masonry, or plaster. [Source:

17.40.090.E]
F. Siding shall extend to the ground, except when a solid concrete or masonry perimeter foundation or retaining wall is used, in which case, the material need only extend to the top of the foundation or wall. [Source: 17.40.090.F]
G. The roof pitch shall not be less than three inches of vertical rise for every 12 inches of horizontal run, or as deemed necessary by the Building Official. [Source: 17.40.090.G] 133
Section 6, Item A.

Chapter 17.12
Commercial, Office, and MixedUse Zones
134
Section 6, Item A.

Chapter 17.12 Commercial, Office, and Mixed-Use Zones
14 Chapter 17.12 Commercial, Office, and Mixed-Use Zones

17.12.010 Purpose and Intent of Commercial, Office, and Mixed-Use Zones The purpose and intent of the commercial, office, and mixed-use zones are as follows:

A. CG – General Commercial Zone. The purpose of the General Commercial (CG) zone is to provide areas of the City that allow a wide range of commercial, and office uses which are diverse, visually pleasing, convenient in terms of parking and access, attractive, and used by citizens and visitors.

The CG zone implements the General Commercial (GC), Regional Commercial (RC), and Office (O) land use designations in the General Plan. [Source: 17.48.010, modified] B. CN – Neighborhood Commercial Zone. The purpose of the Neighborhood Commercial (CN) zone is to provide areas of the City for limited types of commercial centers adjacent to or within residential neighborhoods. These commercial centers shall provide shopping goods for residents of the neighborhood which are typically needed on a weekly basis. This type of commercial center should be designed in a manner which minimizes the impact to the adjacent neighborhood in terms of noise, traffic, and light. The appearance of the center shall be compatible with the aesthetic quality and character of the adjacent neighborhood. The CN zone implements the Neighborhood Commercial (NC) land use designation in the General Plan. [Source: 17.46.010, modified] C. CS – Service Commercial Zone. The purpose of the Service Commercial (CS) zone is to provide areas in the City that allow for wholesale and heavy commercial uses and services which are not suited for other commercial zones. The CS also provides areas for light industrial uses which manufacture, assemble, or package products within a structure and do not emit fumes, odor, dust, smoke, or gas beyond the confines of the structure. The CS zone implements the General Commercial (GC), Service Commercial (SC), and Regional Commercial (RC) land use designations in the General Plan. [Source: 17.50.010, modified]
D. MU – Mixed-Use Zone. The purpose of the Mixed-Use (MU) zone is to provide areas of the City that allow for a combination of residential, office, and essential commercial uses e.g. pharmacies, laundromats, grocery stores. The MU zone does not authorize uses of a service or industrial nature or those generating high volumes of vehicle traffic. All project proponents shall also submit a site plan review for the entire developable area as required in Chapter 17.80 (Site Plan Review Permit).

The MU zone implements the Mixed-Use land use designation in the General Plan. [Source:

17.45.010, modified]
135
Section 6, Item A.

Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.12 Final Draft – April 2024
15 E. PA – Professional and Administrative Office Zone. The purpose of the Professional and Administrative Office (PA) zone is to provide areas in the City which are appropriate for office development and identify residential sites which, due to their location, are appropriate for transition to office use. The PA zone implements the Office (O) land use designation in the General Plan. [Source: 17.44.010, modified]

17.12.020 Commercial, Office, and Mixed-Use Zones Land Use Regulations A. Table 17.12-1 Land Use Regulations – Commercial, Office, and Mixed-Use Zones. Table 17.12-1 (Land Use Regulations – Commercial, Office, and Mixed-Use Zones) establishes the uses allowed within the commercial, office, and mixed-use zones and any permits required to establish the use [Source:

NEW]
B. Uses Not Listed. Land uses not listed in Table 17.12-1 (Land Use Regulations – Commercial, Office, and Mixed-Use Zones) are not allowed, in compliance with Section 17.04.030 (Uses Not Classified). [Source: NEW]
C. Additional Regulations. The right-hand column in Table 17.12-1 (Land Use Regulations – Commercial, Office, and Mixed-Use Zones) indicates additional regulations that may apply to the use. Provisions in other sections of this Zoning Code may also apply. [Source: NEW] D. Twenty-Four-Hour Uses. Any use established in Table 17.12-1 (Land Use Regulations – Commercial, Office, and Mixed-Use Zones) that is proposed to operate 24-hours a day shall require the approval of a Conditional Use Permit. [Source: NEW]
Table 17.12-1
Land Use Regulations – Commercial, Office, and Mixed-Use Zones Key: P = Allowed by Right; AUP = Administrative Use Permit; (−) = Not Allowed CUP = Conditional Use Permit
Land Use
(see Article 8 for land use
definitions)
Permit Requirement by Zone
Additional Regulations

CG CN CS MU PA
Industrial, Manufacturing, & Processing Uses2
Accessory Structure, Industrial - - P - -
Breweries, Distilleries, Wineries - - CUP - -
Community Composting - - CUP - -
Contractor Storage Yard - - AUP - -
Industrial, Minor - - CUP - -
Outdoor Storage AUP CUP AUP AUP -
Recycling Processing Facility - - CUP - -
Storage Facility, Personal - AUP AUP - -
136
Section 6, Item A.

Chapter 17.12 Commercial, Office, and Mixed-Use Zones
16 Table 17.12-1
Land Use Regulations – Commercial, Office, and Mixed-Use Zones Key: P = Allowed by Right; AUP = Administrative Use Permit; (−) = Not Allowed CUP = Conditional Use Permit
Land Use
(see Article 8 for land use
definitions)
Permit Requirement by Zone
Additional Regulations

CG CN CS MU PA
Warehousing and Distribution
Facility - - CUP - -
Wholesale CUP
Human Services Uses
Ambulance Service CUP - CUP - -
Community Care Facility, Large - - - CUP -
Community Care Facility, Small - - - P -
Day Care Center - CUP CUP CUP CUP
Emergency Shelter - - P - - Section 17.40.030
Hospital CUP - CUP - CUP
Low Barrier Navigation Center - - - P -
Mortuary or Funeral Home CUP - P - -
Recreation, Education, and Public Assembly Uses
Athletic Club CUP - CUP CUP -
Card Room CUP - CUP - -
Commercial Recreation and
Entertainment Facility, Indoor CUP - CUP CUP -
Commercial Recreational and
Entertainment Facility, Outdoor - - CUP CUP -
Event Venue CUP - CUP - CUP
Place of Assembly CUP - CUP - -
Recreational Vehicle Park - - CUP - -
School, Private and Vocational CUP - CUP CUP CUP
Residential Uses
Accessory Structure, Residential - - - P - Chapter 17.22 (Accessory Structures) Boarding House - - - CUP -
Caretaker's Residence P P P P P
Cottage Food Operation P - - P -
Dwelling, Accessory Dwelling Unit
(ADU) P - - P -
Section 17.40.010 (Accessory
Dwelling Unit)
Dwelling, Multi-Unit (Up to 40
units) P - - P -
Chapter 17.46 (Multi-Unit Dwelling
Objective Design Standards)
Dwelling, Multi-Unit (41 or more
units) CUP - - CUP -
Employee Housing P - - P P
Group Home - - - P P
Home Occupation P - - P -
Section 17.40.040 (Home
Occupation)
Mobile Home Park - - CUP - -
Section 17.40.050 (Mobile Home
Park)
137
Section 6, Item A.

Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.12 Final Draft – April 2024
17 Table 17.12-1
Land Use Regulations – Commercial, Office, and Mixed-Use Zones Key: P = Allowed by Right; AUP = Administrative Use Permit; (−) = Not Allowed CUP = Conditional Use Permit
Land Use
(see Article 8 for land use
definitions)
Permit Requirement by Zone
Additional Regulations

CG CN CS MU PA
Transitional/Supportive Housing P - - P -
Single Room Occupancy Housing - - - CUP -
Retail, Service, and Office Uses
Accessory Structure, Commercial P P P P P Chapter 17.22 (Accessory Structures) Agricultural Service Establishment - - AUP - -
Alcohol Beverage Sales CUP CUP CUP - -
Auction Establishment - - CUP - -
Automated Vending and
Dispensing Machine P P P P P
Bank and Financial Institution P P P P P
Bar CUP - CUP - -
Broadcasting and Film Recording
Studio CUP - CUP - CUP
Building Materials and Lumber
Sales AUP - AUP - -
Carwash CUP CUP CUP CUP -
Drive-Through Sales and Service CUP - CUP CUP -
Equipment Sales and Rental
Facility CUP - P - -
Food Commissary - - AUP - -
Hotel/Motel CUP - CUP CUP -
Kennel - - CUP - -
Manufactured Home Sales and
Repair - - AUP - -
Mobile Food Vendor P P P P P Section 8.40 (Mobile Food Vendors) Office P P P P P
Office, Accessory P P P P P
Outdoor Dining AUP AUP AUP AUP -
Outdoor Sales AUP AUP AUP AUP -
Personal Service, General P P P P AUP
Personal Service, Restricted CUP - CUP - -
See section 9.27 (Massage
Establishments and Therapists)
Printing Shop P P P P P
Restaurant P AUP P P -
Restaurant, Drive-Through1 CUP - CUP CUP -
Retail Sales, General P P P P -
Retail Sales, Grocery or
Supermarket P P P P -
138
Section 6, Item A.

Chapter 17.12 Commercial, Office, and Mixed-Use Zones
18 Table 17.12-1
Land Use Regulations – Commercial, Office, and Mixed-Use Zones Key: P = Allowed by Right; AUP = Administrative Use Permit; (−) = Not Allowed CUP = Conditional Use Permit
Land Use
(see Article 8 for land use
definitions)
Permit Requirement by Zone
Additional Regulations

CG CN CS MU PA
Retail Sales, Neighborhood
Market P P P P -
Retail Sales, Nursery and Garden
Supply (less than 5,000 sq. ft.) CUP - AUP - -
Retail Sales, Restricted CUP - CUP - -
Retail Sales, Secondhand AUP AUP AUP AUP -
Retail Sales, Wholesale - - P - -
Veterinary Clinic, Large CUP - P - -
Veterinary Clinic, Small AUP CUP P - -
Public, Utility, Transportation, and Communication Uses Parking Area CUP - CUP - -
Public and Quasi-Public Use CUP CUP CUP CUP CUP
Transit Station and Terminal CUP CUP CUP CUP CUP
Truck Storage and Parking Yard - - CUP - -
Utility Facility and Infrastructure CUP CUP CUP CUP CUP Wireless Telecommunication
Facility, Small Cell CUP - CUP - -
Wireless Telecommunication
Facility, Tower CUP CUP CUP CUP CUP See Section 17.40.070 Vehicle Oriented Uses
Truck Service Station - - CUP - -
Vehicle, Boat, and Trailer Sales,
New and Used CUP - CUP - -
Vehicle Fueling Station2 CUP CUP CUP - -
Vehicle Rental Facility CUP - CUP - -
Vehicle Repair and Service, Major - - AUP - -
Vehicle Repair and Service, Minor CUP - AUP - -
Specific Standards
1 Twenty-four-hour drive-through establishments are prohibited when the subject parcel is abuts a residential zone. [Source: NEW] 2 Above ground fuel storage tanks shall require the approval of a Conditional Use Permit. [Source: NEW]

17.12.030 Commercial, Office, and Mixed-Use Zones Development Standards Table 17.12-2 Development Standards – Commercial, Office, and Mixed-Use Zones. Table 17.12-2 (Development Standards – Commercial, Office, and Mixed-Use Zones) establishes parcel and structure standards that apply to all development in the specified zone. Provisions in other sections of this Zoning Code may also apply. [Source: NEW]
139
Section 6, Item A.

Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.12 Final Draft – April 2024
19 Table 17.12-2
Development Standards – Commercial, Office, and Mixed-Use Zones Development Feature
(minimum unless otherwise
specified)
Zone

CG CN CS MU PA
General
Density (max. du/ac) n/a n/a n/a 20 n/a
Floor Area Ratio (FAR) 0.3-1.09 0.5 0.3 1.09 1.0
Parcel Size 6,000 sq. ft.1 Min: 1 acre 6,000 sq. ft. 7,000 sq. ft. None Max: 5 acres
Height (max. ft.) 355 35 355 355 35
Yards (ft.)2
Front 108
106, 8 1031085
7 Rear
Adjacent to Nonresidential
Zone None None 5 None None
Adjacent to Residential Zone 10 10 15 104 10
Side
Adjacent to Nonresidential
Zone 10 10 10 10 10
Adjacent to Residential Zone 20 20 20 10 10
Specific Standards
1 The minimum parcel size for newly created parcels that are without existing structures shall be 6,000 square feet. There shall be no minimum parcel size for parcels which contain existing structures. [Source: 17.48.040.A] 2 Required yard areas shall not be used for parking or loading activities. [Source: 17.48.040.C.4, modified] 3 Parcels in the CS zone shall have a 10-foot yard area, except those parcels fronting Whitesbridge Road shall have a front yard setback of 20 feet, as measured from the front property line. To the maximum extent possible, this yard area shall be landscaped. [Source: 17.50.040.C.1]
4 A development within the MU zone that abut residential uses also within the MU zone shall not be subject to this standard. The setback for the use in the MU zone shall be the same as the setback in the adjoining property. [Source:

17.45.030.C.3]
5 Structures up to 60 feet in height may be allowed with the approval of a Conditional Use Permit. [Source: 17.48.040.B] 6 Parcels in the CN zone shall have a 10-foot rear yard setback except when the site is adjacent to residential uses, in which case the setback shall be equal to the setback of the adjacent residential use. [Source: 17.46.040.C] 7 Parcels in the PA zone shall have five-foot rear yard setback except when the lot abuts a residential dwelling in which case the setback distance shall be the same as the adjoining residential units. If there are residential units on both sides of the subject parcel with differing yard area, the yard area shall be within the range of the setbacks of the adjoining units.

Parcels fronting Whitesbridge Road shall have a front yard setback of 20 feet, as measured from the front property line.

To the maximum extent possible, this yard area shall be landscaped. [Source: 17.44.40.D.1, modified] 8 Parcels in these zones and those properties along Whitesbridge Road shall have a 20-foot front yard setback, except for the following situations:

A. Parcels fronting Madera Avenue north of Kearney Boulevard shall have a front yard setback of 10 feet as measured from the front property line. Parcels fronting Whitesbridge Road shall have a front yard setback of 20 feet, as measured from the front property line. To the maximum extent possible, this area shall be landscaped. 140
Section 6, Item A.

Chapter 17.12 Commercial, Office, and Mixed-Use Zones
20 Table 17.12-2
Development Standards – Commercial, Office, and Mixed-Use Zones Development Feature
(minimum unless otherwise
specified)
Zone

CG CN CS MU PA
B. Parcels fronting Madera Avenue between California Avenue and Kearney Boulevard shall be set so that at least onehalf of the front property line coincides with a building wall to the maximum extent possible. [Source:

17.48.040.C.1, modified]
9 Floor Area Ration (FAR) shall apply to non-residential uses only.

17.12.040 Accessory Structures
Construction of accessory structures shall be consistent with the standards established in Chapter 17.22 (Accessory Structures). [Source: 17.48.080, 17.46.080, 17.50.080, 17.45.070, 17.44.080]

17.12.050 Signs
Signs shall be consistent with the requirements of Chapter 17.30 (Sign Regulations). [Source: 17.48.050,

17.46.050, 17.50.050, 17.45.040, 17.44.050]

17.12.060 Fences, Walls, and Hedges
A. Fences, walls, and hedges shall be consistent with the requirements for residential the zones as established in Chapter 17.24 (Fences, Walls, and Hedges). [Source: 17.48.060, 17.46.060,

17.50.060, 17.45.050, 17.44.060]
B. A solid masonry wall not less than seven feet in height shall be constructed along the property line which separates this district from a residential district. Developments within the M-U district that abut residential uses also located within the M-U district shall not be subject to this requirement.

The requirement for a masonry wall may also be waived when an alley separates this district from a residential district. [Source: 17.45.050]

17.12.070 Parking
A. Parking in all Commercial, Office, and Mixed-Use Zones. Off-street parking and loading standards shall be consistent with the requirements of Chapter 17.28 (Parking, Loading, and Access). [Source:

17.48.070, 17.46.070, 17.50.070, 17.45.060, 17.44.070]

141
Section 6, Item A.

Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.12 Final Draft – April 2024
21 B. General Commercial (CG) Zone Parking. Parking lots on parcels in the CG zone that front Madera Avenue between California Avenue and Kearney Boulevard, to the extent possible, shall be located to the rear of structures. To the extent possible, access to the parking lots shall be from the alley. [Source: 17.48.070, modified]
C. Mixed-Use (MU) Zone Parking. To the extent possible, parking lots in the MU zone, shall be located to the side or rear of the parcel. [Source: 17.45.060, modified]

17.12.080 Site Plan Review
A site plan shall be submitted to the Planning Division for approval before any new structure is constructed, use established, or parking facilities are installed on parcel within the mixed use, commercial, and office zones. This provision shall also apply to all uses proposing to occupy a parcel which does not have adequate parking or related parcel improvements for the use or increase in occupancy intensity. [Source: 17.48.090,

17.48.090, 17.50.100, 17.44.090, modified]
142
Section 6, Item A.

Chapter 17.12 Commercial, Office, and Mixed-Use Zones
22 This page intentionally left blank.
143
Section 6, Item A.

Chapter 17.14
Industrial Zones
144
Section 6, Item A.

Chapter 17.14 Industrial Zones
24 Chapter 17.14 Industrial Zones

17.14.010 Purpose and Intent of Industrial Zones
The purpose and intent of the industrial zones are as follows:

A. M-1 – Light Manufacturing Zone. The purpose of the Light Manufacturing (M-1) zone is to provide areas in the City that allow for light industrial and heavy commercial types of activities; protect industrial areas from the intrusion of incompatible types of land uses; adhere to performance standards provided for the protection of City residents and the environment; and accommodate industrial employment opportunities for residents. The M-1 zone implements the Industrial (I) land use designation in the General Plan. [Source: 17.52.010, modified] B. M-2 – Heavy Manufacturing. The purpose of the Heavy Manufacturing (M-2) zone is to provide for the development of a full range of compatible industrial uses and to provide for the design and operation of these uses in a manner which is physically attractive, does not conflict with other uses in or surrounding the district, and is compatible with the physical environment of the district. The M-2 zone implements the Industrial (I) land use designation in the General Plan. [Source:

17.54.010, modified]

17.14.020 Industrial Zones Land Use Regulations
A. Table 17.14-1 Land Use Regulations – Industrial Zones. Table 17.14-1 (Land Use Regulations – Industrial Zones) establishes the uses allowed within each industrialzone and any permits required to establish the use [Source: NEW]
B. Uses Not Listed. Land uses not listed in Table 17.14-1 (Land Use Regulations – Industrial Zones) are not allowed, in compliance with Section 17.04.030 (Uses Not Classified). [Source: NEW] C. Additional Regulations. The right-hand column in Table 17.14-1 (Land Use Regulations – Industrial Zones) indicates additional regulations that may apply to the use. Provisions in other sections of this Zoning Code may also apply. [Source: NEW]
D. Allowed Uses. The allowed uses established in Table 17.14-1 (Land Use Regulations – Industrial Zones) shall be allowed in the subject zones to the extent that the following conditions are not associated with the use:

1. The use does not involve the disposal of wastewater which, due to its content or flow, will have a significant impact on the City wastewater treatment plant; and 145
Section 6, Item A.

Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.14 Final Draft – April 2024
25 2. The use would place a significant demand on the City’s water system. The term "significant" shall be determined by the City Engineer after a review of the use’s water demand and wastewater treatment requirements. [Source: 17.52.020, modified] E. Twenty-Four-Hour Uses. Any nonresidential use established in Table 17.14-1 (Land Use Regulations – Industrial Zones) that is proposed to operate 24-hours a day and is located within 300 feet of a residential zone boundary line, shall require the approval of a Conditional Use Permit. For the purpose of this Subsection, this distance shall be measured in a straight line from the property line of the parcel in which the 24-hour use is to be proposed, to the nearest point on the adjacent residential zone boundary line. [Source: NEW]
F. Above Ground Fuel and Gas Tanks. Above ground fuel and gas storage tanks shall require the approval of a Conditional Use Permit. [Source: NEW]
Table 17.14-1
Land Use Regulations – Industrial Zones
Key: P = Allowed by Right; AUP = Administrative Use Permit; (−) = Not Allowed CUP = Conditional Use Permit
Land Use
(see Article 8 for land use
definitions)
Permit Requirement by Zone
Additional
M-1 M-2 Regulations
Agriculture, Resource, & Open Space Uses
Agricultural Processing, Large AUP P
Agricultural Processing, Small P P
Agriculture, Horticulture - CUP
Industrial, Manufacturing, & Processing Uses
Accessory Structure, Industrial P P
Chapter 17.22 (Accessory
Structures)
Breweries, Distilleries, Wineries CUP CUP
Community Composting CUP -
Contractor Storage Yard P P
Industrial, Major AUP P
Industrial, Minor P P
Outdoor Storage AUP AUP
Recycling Processing Facility CUP CUP
Storage Facility, Personal AUP -
Storage Facility, Restricted CUP CUP
Warehousing and Distribution
Facility P P
Human Services Uses
Ambulance Service AUP -
Emergency Shelter P - Section 17.40.030
Residential Uses
146
Section 6, Item A.

Chapter 17.14 Industrial Zones
26 Table 17.14-1
Land Use Regulations – Industrial Zones
Key: P = Allowed by Right; AUP = Administrative Use Permit; (−) = Not Allowed CUP = Conditional Use Permit
Land Use
(see Article 8 for land use
definitions)
Permit Requirement by Zone
Additional
M-1 M-2 Regulations
Accessory Structure, Residential P P
Chapter 17.22 (Accessory
Structures)
Caretaker's Residence P P
Employee Housing AUP AUP
Group Home CUP CUP
Retail, Service, and Office Uses
Agricultural Service Establishment P P
Alcohol Beverage Sales CUP CUP
Athletic Club CUP -
Auction Establishment CUP -
Building Materials and Lumber
Sales P -
Equipment Sales and Rental Facility P -
Food Commissary AUP -
Kennel CUP -
Infectious Disease Nonclinical
Laboratory - CUP See Chapter 8.44
Manufactured Home Sales and
Repair AUP -
Office AUP AUP
Office, Accessory P P
Outdoor Sales CUP -
Retail Sales, Nursery and Garden
Supply CUP -
Retail Sales, Wholesale AUP -
Tasting Room CUP CUP
Veterinary Clinic, Large CUP -
Veterinary Clinic, Small AUP -
Public, Utility, Transportation, and Communication Uses Airport - CUP
Private Parking Facility AUP -
Public and Quasi-Public Use CUP CUP
Solar Energy Generation Facility,
Major - CUP
Solar Energy Generation Facility,
Minor - AUP
Transit Station and Terminal P P
Truck Storage and Parking Yard AUP AUP
Utility Facility and Infrastructure P P
Wireless Telecommunication
Facility, Tower CUP CUP See Section 17.40.070
147
Section 6, Item A.

Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.14 Final Draft – April 2024
27 Table 17.14-1
Land Use Regulations – Industrial Zones
Key: P = Allowed by Right; AUP = Administrative Use Permit; (−) = Not Allowed CUP = Conditional Use Permit
Land Use
(see Article 8 for land use
definitions)
Permit Requirement by Zone
Additional
M-1 M-2 Regulations
Wireless Telecommunication
Facility, Tower CUP CUP
Vehicle Oriented Uses
Truck Service Station P P
Vehicle, Boat, and Trailer Sales,
New and Used CUP -
Vehicle Repair and Service, Major CUP -
Vehicle Repair and Service, Minor AUP -
Vehicle Salvage and Dismantling
Facility - CUP

17.14.030 Industrial Zones Development Standards
Table 17.14-2 Development Standards – Industrial Zones. Table 17.14-2 (Development Standards – Industrial Zones) establishes parcel and structure standards that apply to all development in the specified zone.

Provisions in other sections of this Zoning Code may also apply. [Source: NEW] Table 17.14-2
Development Standards – Industrial Zones
Development Feature
(minimum unless otherwise specified)
Zone
M-1 M-2
General
Floor Area Ratio (FAR) 0.3 0.3
Parcel Size 6,000 sq. ft. 0.5 acre
Height (max. ft.) 55 55
Yards (ft.)
Front 102 25
Rear1
Adjacent to Nonresidential Zone None None
Adjacent to Residential Zone 50 50
148
Section 6, Item A.

Chapter 17.14 Industrial Zones
28 Table 17.14-2
Development Standards – Industrial Zones
Development Feature
(minimum unless otherwise specified)
Zone
M-1 M-2
Side1
Adjacent to Nonresidential Zone None None
Adjacent to Residential Zone 50 50
Specific Standards
1 The rear and side yard area can be used for parking and storage. Where the yard is adjacent to a residential district, material and equipment shall not be stacked higher than six feet. [Source: 17.52.040, 17.54.040.D] 2 Parcels fronting Whitesbridge Road shall have a front yard setback of 60 feet, as measured from the front property line.

17.14.040 Accessory Structures
Construction of accessory structures shall be consistent with the standards established in Chapter 17.22 (Accessory Structures). [Source: 17.52.050, 17.54.050]

17.14.050 Signs
Signs shall be consistent with the requirements of Chapter 17.30 (Sign Regulations). [Source: 17.52.060,

17.54.060]

17.14.060 Fences, Walls, and Hedges
A. The maximum height of fences, walls, and hedges shall be seven feet. Where a parcel abuts a residential zone a seven-foot solid block, masonry or brick wall shall be erected on the property line between the two zones. [Source: 17.52.070.A, 17.54.070.A] B. Construction of fences more than seven feet, but not to exceed nine feet, when deemed necessary to protect the public health and safety of surrounding uses may be approved through a Conditional Use Permit. [Source: 17.52.070.A.1, 17.54.070.A.1, modified] C. Chain-linked fences shall include privacy slats, except where the zone abuts a residential zone.

Fences abutting a residential zone shall be of CMU block, seven feet in height. [Source: 17.52.070.B,

17.54.070.B]
D. Any fence requiring barbed wire or any other form of non-electrical privacy or security measure shall be subject to a Conditional Use Permit.
149
Section 6, Item A.

Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.14 Final Draft – April 2024
29 17.14.070 Parking
A. Parking in all Commercial, Office, and Mixed-Use Zones. Off-street parking and loading standards shall be consistent with the requirements of Chapter 17.28 (Parking, Loading, and Access). [Source:

17.52.080, 17.54.080]
B. Industrial and Manufacturing Uses Not Listed. Industrial and manufacturing uses not specifically identified in Chapter 17.28 (Parking, Loading, and Access) parking shall be provided at a ratio of at least one space for every permanent employee on the maximum work shift, one space for each truck operated by the concern and one space for each sales person permanently employed. [Source: 17.52.080, 17.54.080]

17.14.080 Site Plan Review
A site plan shall be submitted to the Planning Division for approval before any new structure is constructed, use established, or parking facilities are installed on parcel within the industrial zones. This provision shall also apply to all uses proposing to occupy a parcel which does not have adequate parking or related parcel improvements for the use or increase in occupancy intensity. [Source: 17.52.100, 17.54.100, modified] 150
Section 6, Item A.

Chapter 17.14 Industrial Zones
30 This page intentionally left blank.
151
Section 6, Item A.

Chapter 17.16
Public and Quasi-Public Zones
152
Section 6, Item A.

Chapter 17.16 Public and Quasi-Public Zones
32 Chapter 17.16 Public and Quasi-Public Zones

17.16.010 Purpose and Intent of Public and Quasi-Public Zones The purpose and intent of the public and quasi-public zones are as follows:

A. O – Open Space, Recreation, and Public Facilities Zone. The purpose of the Open Space, Recreation, and Public Facilities (O) zone is to provide for sufficient space to accommodate the community’s need for a wide range of public uses, such as parks, playgrounds, cultural and educational facilities, and infrastructure systems; to protect lands whose primary purpose is to remain in open space such as wildlife sanctuaries, wetlands, reservoirs, and agriculture; and, to prevent development of areas which are environmentally sensitive, such as floodplains, and geologically hazardous sites.

The O zone implements the Public (PUB), Parks (P), and Ponding Basin (PB) land use designations in the General Plan. [Source: 17.34.010, modified]
B. UR – Urban Reserve Zone. The purpose of the Urban Reserve (UR) zone is to is to preserve land for agriculture; serve as a holding zone for future urban development; and prevent the encroachment of urban uses or incompatible agriculturally-related uses. The UR zone implements the Urban Reserve (UR) land use designation in the General Plan. [Source: 17.32.010, modified]

17.16.020 Public and Quasi-Public Zones Land Use Regulations A. Table 17.16-1 Land Use Regulations – Public and Quasi-Public Zones. Table 17.16-1 (Land Use Regulations – Public and Quasi-Public Zones) establishes the uses allowed within the public and quasi-public zones and any permits required to establish the use [Source: NEW] B. Uses Not Listed. Land uses not listed in Table 17.16-1 (Land Use Regulations – Public and QuasiPublic Zones) are not allowed, in compliance with Section 17.04.030 (Uses Not Classified). [Source:

NEW]
C. Additional Regulations. The right-hand column in Table 17.16-1 (Land Use Regulations – Public and Quasi-Public Zones) indicates additional regulations that may apply to the use. Provisions in other sections of this Zoning Code may also apply. [Source: NEW] 153
Section 6, Item A.

Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.16 Final Draft – April 2024
33 Table 17.16-1
Land Use Regulations – Public and Quasi-Public Zones
Key: P = Allowed by Right; AUP = Administrative Use Permit; (−) = Not Allowed CUP = Conditional Use Permit
Land Use
(see Article 8 for land use
definitions)
Permit Requirement by Zone
Additional
O UR Regulations
Agriculture, Resource, & Open Space Uses
Accessory Structure, Agriculture P P
Chapter 17.22 (Accessory
Structures)
Agricultural Processing, Large - CUP
Agricultural Processing, Small - P
Agriculture, Animal Husbandry - P
Agriculture, Dairies CUP CUP
Agriculture, Horticulture P P
Beekeeping P P
Industrial, Manufacturing, & Processing Uses
Breweries, Distilleries, Wineries - CUP
Community Composting CUP CUP
Human Services Uses
Cemetery CUP CUP
Mortuary or Funeral Home CUP -
Recreation, Education, and Public Assembly Uses
Campground P CUP
Commercial Recreational and
Entertainment Facility, Outdoor CUP CUP
Place of Assembly - CUP
Recreational Vehicle Park - CUP
School, Private and Vocational CUP CUP
Residential Uses
Accessory Structure, Residential P P
Chapter 17.22 (Accessory
Structures)
Caretaker's Residence P P
Cottage Food Operation - P
Dwelling, Accessory Dwelling Unit
(ADU) - P
Section 17.40.010 (Accessory
Dwelling Unit)
Dwelling, Single-Unit P P
Chapter 17.48 (Single-Unit
Dwelling Design Standards)
Employee Housing P P
Group Homes P P
Home Occupation P P
Section 17.40.040 (Home
Occupation)
Mobile Home Park - CUP Section 17.40.050 (Mobile
Home Park)
Retail, Service, and Office Uses
Agricultural Service Establishment - P
Produce Stand - P
154
Section 6, Item A.

Chapter 17.16 Public and Quasi-Public Zones
34 Table 17.16-1
Land Use Regulations – Public and Quasi-Public Zones
Key: P = Allowed by Right; AUP = Administrative Use Permit; (−) = Not Allowed CUP = Conditional Use Permit
Land Use
(see Article 8 for land use
definitions)
Permit Requirement by Zone
Additional
O UR Regulations
Tasting Room - CUP
Public, Utility, and Communication Uses
Airport - CUP
Private Parking Facility CUP -
Public and Quasi-Public Use CUP CUP
Solar Energy Generation Facility,
Major CUP -
Solar Energy Generation Facility,
Minor AUP -
Utility Facility and Infrastructure CUP CUP
Wireless Telecommunication
Facility, Small Cell CUP CUP
Wireless Telecommunication
Facility, Tower CUP CUP

17.16.030 Public and Quasi-Public Zones Development Standards Table 17.16-2 Development Standards – Industrial Zones. Table 17.16-2 (Development Standards – Public and Quasi-Public Zones) establishes parcel and structure standards that apply to all development in the specified zone. Provisions in other sections of this Zoning Code may also apply. [Source: NEW] Table 17.16-2
Development Standards – Public and Quasi-Public Zones
Development Feature
(minimum unless otherwise specified)
Zone
O UR
General
Density (max.) 1 dwelling unit per 5 acres n/a
Parcel Size (acres) 5 5
Distance Between Structures (ft.) n/a 30
Height (max. ft.)
Main Structure 35 35
Accessory Structure 45 801
155
Section 6, Item A.

Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.16 Final Draft – April 2024
35 Table 17.16-2
Development Standards – Public and Quasi-Public Zones
Development Feature
(minimum unless otherwise specified)
Zone
O UR
Yards (ft.)
Front 35 35
Rear 20 20
Side
Interior Parcels 15 15
Corner Parcel: Street Side 30 30
Corner Parcel: Interior Side 15 15
Reverse Corner Parcel 15 15
Specific Standards
1 The maximum height of a structure in this zone shall be 35 feet unless the structure is a water tank, silo, granary, wind machine, or other agricultural accessory building. These accessory structures can extend to a height of 80 feet. [Source:

17.32.050]

17.16.040 Signs
Signs shall be consistent with the requirements of Chapter 17.30 (Sign Regulations). [Source: 17.34.080,

17.32.080]

17.16.050 Fences, Walls, and Hedges
A. Fences, walls, and hedges shall be consistent with the site distance provisions established in Section

17.20.030 (Clear Vision Triangle). [Source: 17.34.090, c modified] B. Fences, walls, and hedges shall not exceed seven feet in height in any rear or side yard. [Source:

17.34.090, 17.32.090.B, modified]
C. Fences, walls, and hedges shall not exceed 36 inches in height in any required yard area. [Source:

17.34.090, 17.32.090.C, modified]
D. Swimming pools shall be entirely enclosed by a wall or fence at least five feet in height. The wall or fence shall be equipped with self-latching gates, the latching mechanism being located not less than four feet above the ground. The fence or wall must be installed and approved by the Building Division prior to the pool being filled with water, or as required by California Building Code. [Source:

17.34.090, 17.32.090.D, modified]
156
Section 6, Item A.

Chapter 17.16 Public and Quasi-Public Zones
36 E. Fences or structures exceeding seven feet in height, to enclose tennis courts or other game areas, located within the rear half of a lot shall be composed of wire mesh capable of admitting at least 90 percent of light as measured on a calibrated light meter. [Source: 17.34.090, 17.32.090.D, modified]

17.16.060 Parking
Off-street parking and loading shall be consistent with the requirements of Chapter 17.28 (Parking, Loading, and Access). [Source: 17.34.100, 17.32.100]
157
Section 6, Item A.

Chapter 17.18
Combining Zones
158
Section 6, Item A.

Chapter 17.18 Combining Zones
38 Chapter 17.18 Combining Zones

17.18.010 Purpose and Intent of Combining Zones
The purposes and intent of the combining zones are as follows:

A. PD – Planned Development Combining Zone. The purpose of the Planned Development (PD) combining zone is to promote cluster development, provide for design flexibility, encourage the creation of open space areas, meet the changes in development technology, and be responsive to changes in market demand. The PD combining zone is designed to meet a higher standard of development through enhanced designed and amenities by providing flexibility in development standards than would otherwise be allowed through traditional development identified in this Article. The PD combining zone implements the Low Density Residential (LDR), Medium Density Residential (MDR), Quasi-Public (QP), and Schools (S). [Source: 17.56.010, modified] B. SD – Smart Residential Development Combining Zone. The purpose of the Smart Residential Development (SD) combining zone is to promote development designs that respond to significant planning-related issues facing the San Joaquin Valley, including urbanization of agricultural land, air pollution, housing affordability, traffic, aesthetics, and neighborhood deterioration. This new approach to development design has been popularized by the term "smart growth" and its purpose is to achieve the average density goals set forth by each zone.

The SD combining zone is structured to encourage a comprehensive development that is superior to traditional development of the recent past by increasing walkability and connectivity while achieving the higher net density and preservation of open space goals set forth by the General Plan.

To the greatest extent possible, attention shall be given to greater design details and the average density set forth by each individual zone shall be achieved through a mix of residential housing types and sizes. The SD combining zone implements the Low Density Residential (LDR), Medium Density Residential (MDR), High Density Residential (HDR), Quasi-Public (QP), and Schools (S) land use designations in the General Plan. [Source: 17.58.010, modified] C. IBA – Industrial Boulevard Area Combining Zone. The purpose of the Industrial Boulevard Area (IBA) combining zone is to provide special land development standards for property located along that portion of Madera Avenue, south of California Street, that is zoned for industrial uses. All regulations contained in this combining zone are deemed to be necessary for the protection of the health, safety, and general welfare of the City and of owners and users of property along this corridor. The IBA combining zone implements the Industrial (I) land use designation in the General Plan. [Source: 17.58.010, modified]
159
Section 6, Item A.

Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.18 Final Draft – April 2024
39 17.18.020 Planned Development Combining Zone (PD) Standards and Regulations A. Application of the PD Combining Zone. PD combining zones shall comply with the following.

1. The PD combining zone may be combined with any of the residential, office, commercial, or industrial zones established in this Article. For purposes of identification, all established PD combining zones shall be suffixed by the zoning notation of the zone with which it is combined with. (i.e., PD-R-1, PD-R-3). [Source: 17.56.020.A, modified]

2. Existing uses in PD combining zones shall continue to be governed by this Section, but no additional PD combining zones shall be established. Modifications, or expansions, or changes of to an existing use within existing PD zones shall require an amendment to the Development Plan Permit approved for the use and approval of any other applicable planning permit. New uses within an existing PD zone may be allowed as permitted by Subsection 17.18.020 (B) (PD Combining Zone Land Use Regulations). rezoning to be compatible with adjacent uses, and may be, but is not required to be, rezoned to the SD combining zone as specified in Section 17.18.030 (Smart Development combining Zone). [Source: 17.56.020.B, modified]
B. PD Combining Zone Land Use Regulations. PD combining zones shall comply with the following.

1. Uses Allowed by Right. All uses identified as an allowed by right use (P) in the R-1, R-2, and R-3 zones in Table 17.10-1 (Land Use Regulations – Residential Zones), or those uses designated by the Land Use Element of the General Plan, shall be allowed. [Source:

17.56.030, modified]

2. Uses Requiring a Conditional Use Permit. All uses identified as requiring a Conditional Use Permit (CUP) in the R-1, R-2, and R-3 in Table 17.10-1 (Land Use Regulations – Residential Zones), shall also require the approval of a Conditional Use Permit. [Source: 17.56.040, modified]
C. PD Combining Zone Development Standards. The following development standards together with other applicable standards specified in this Zoning Code shall apply to all land and structures within the PD combining zone : [Source: 17.56.060]

1. Minimum Parcel Area. The minimum parcel size for a PD combining zone parcel is two acres. [Source: 17.56.060.A]

2. Density. The average number of dwelling units per net area shall not exceed the density allowed by the base zone, unless the applicant can demonstrate that additional usable common open space beyond the five percent requirement can be achieved. If so, the Commission or Council may grant a density bonus. This density bonus shall be based on the following standards:
160
Section 6, Item A.

Chapter 17.18 Combining Zones
40 a. Net Useable Open Space. PD combining zones shall provide the following. i. Six to 10 percent: Six percent density bonus;
ii. Eleven to 25 percent: 10 percent density bonus;
iii. Over 35 percent: 220 percent density bonus.
b. Useable common open space is those portions of the project site which are suitable for common use by the residents of the development. This open space shall not include parking areas, private patios, building separations, or storage areas. [Source: 17.56.060.B]

3. Height. The maximum height of a structure shall be consistent with the base zone requirements. [Source: 17.56.060.C]

4. Average Parcel Size. The average parcel size of a single-unit residential subdivision that is processed under the PD combining zone shall be that of the minimum parcel size of the base zone (i.e., the R-1-7 zone has a minimum parcel size of 7,000 square feet therefore the average parcel size shall be 7,000 square feet). Average parcel size shall be calculated by adding the square footage of all parcels designated for single-unit dwelling use and dividing that number by the number of single-unit dwelling parcels. [Source: 17.56.060.D, modified]

5. Percentage of Lots Below Minimum Parcel Size of Base Zone. The percentage of parcels designated for single-unit dwellings that are below the minimum parcel size of the base zone shall not be more than thirty-three percent of the total lots designated for single-unit dwelling uses. [Source: 17.56.060.E]

6. Parcel Width. The minimum parcel width of a single-unit dwelling lot that has a R-1-7 base zone shall not be less than 65 feet, 100 feet for the R-1-12 zone, and 120 feet for the RR zone. Not more than 33 percent of the single-unit dwelling parcels shall have a parcel width less than the base zone standard. [Source: 17.56.060.F, modified]

7. Parcel Depth. The minimum parcel depth of a single-unit dwelling parcel that has a R-1-7 base zone shall be 100 feet; 120 feet for the R-1-12 and RR zone districts. [Source:

17.56.060.G]

8. Side Yard Setback. Not more than 25 percent of the parcels in a single-unit dwelling subdivision shall deviate from the side yard setback standard of the base zone nor shall any of these parcels have a side yard setback that is less than five feet on interior parcels, 10 feet of street side parcels, or 15 feet on reverse corner parcels. [Source: 17.56.060.H] 161
Section 6, Item A.

Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.18 Final Draft – April 2024
41 9. Duplex Locations. All duplexes shall be located on corner parcels. The front door of each dwelling unit in a duplex shall face a different street. The City may require one duplex for every 20 single-unit dwelling parcels contained in a subdivision. Duplex units shall have the same setback requirements as adjacent single-unit dwellings, except in the case of the side yard between a duplex and single-unit dwelling. This side yard shall be 12 feet. [Source: 17.56.060.I, modified]

10. Street Width. Single-unit dwelling subdivisions may have local streets that have a minimum right-of-way width of 56 feet, 5536 paved width; cul-de-sac streets shall have a minimum right-of-way width of 52 feet, 32 feet paved width. [Source: 17.56.060.J]

11. Subdivision Parks. In consideration of the greater need for public recreational space in higher density residential zones, the City requires that certain improvements will be made to the City’s park system. This may be accomplished in one of two methods as selected by the Commission and subject to the Council’s approval, based upon the needs of the park system and the impact of the proposed development. The value of these improvements shall be based upon the cost and park development of one average size parcel for every 30 lots within a subdivision. The Commission and Council shall determine whether property dedication and development or the payment of an in-lieu fee for acquisition or development of nearby recreational facilities would best serve the recreational needs of residents. The amount of any in-lieu fee shall be based upon the value of the parcel dedication and development costs referenced above as determined by the City Engineer provisions for dedication and development or payment shall be made in a subdivision agreement. [Source: 17.56.060.K, modified]
D. Processing Requirements. All development on the PD combining zone district shall be subject to the Development Plan Review Permit as required in Chapter 17.96 (Development Plan Review Permit).

E. Accessory Structures. Construction of accessory structures shall be consistent with the standards established in Chapter 17.22 (Accessory Structures). [Source: NEW] F. Signs. Signs shall be consistent with the requirements of Chapter 17.30 (Sign Regulations). [Source;

17.56.070]
G. Fences, Walls, and Hedges. PD combining zones shall comply with the following standards.

1. Fences, walls, and hedges shall be consistent with the site distance provisions established in Section 17.20.030 (Clear Sight Triangle). [Source: 17.56.080, 17.40.070.A]

2. Fences, walls, and hedges shall not exceed seven feet in height in any rear or side yard. [Source: 17.56.080, 17.40.070.B]
162
Section 6, Item A.

Chapter 17.18 Combining Zones
42 3. Fences, walls, and hedges shall not exceed 36 42 inches in height in any required yard area. [Source: 17.56.080, 17.40.070.]

4. Swimming pools shall be entirely enclosed by a wall or fence at least five feet in height.

The wall or fence shall be equipped with self-latching gates, the latching mechanism being located not less than four feet above the ground. The fence or wall must be installed and approved by the Building Division prior to the pool being filled with water, or as required by California Building Code. [Source: 17.56.080, 17.40.070.E]

5. Fences or structures exceeding seven feet in height, to enclose tennis courts or other game areas, located within the rear half of a lot shall be composed of wire mesh capable of admitting at least 90 percent of light as measured on a calibrated light meter. [Source:

17.56,080, 17.40.070.F]
H. Parking. PD combining zones shall comply with the following standards.

1. Off-street parking and loading shall be consistent with the requirements of Chapter 17.28 (Parking, Loading, and Access). [Source: 17.56.090]

2. All parking for residential uses shall be screening from adjacent public rights-of-way. Such screening may include dense plantings, fences, hedges, or grade separation. [Source:

17.56.090]
I. Site Plan. A site plan for new construction of a PD combining zone or construction that increases the square footage or the number of units within a PD combining zone, shall be submitted to the Planning Department in accordance with Chapter 17.80 (Site Plan Review Permit). [Source:

17.56.100, modified]
Figure 17.18-1
Example of Planned Development
163
Section 6, Item A.

Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.18 Final Draft – April 2024
43 J. Required Findings. The Commission may combine the PD combining zone with a base district if all the following findings are made:

1. The proposed project is consistent with the General Plan;

2. The standards of density, parcel area and dimensions, structure coverage, yard spaces, height of structures, off-street parking, and landscaped areas are consistent with the objectives of this Zoning Code;

3. A homeowners association or maintenance district has been formed to maintain the common area of the residential development;

4. The development will not generate more traffic than the streets in the vicinity can carry without congestion and the local infrastructural systems and utilities are not overloaded;

5. Any unique features of a site are considered in the overall design of the planned development; and

6. Development in this zone is demonstratively superior to the development that could occur under the base zone regulations. [Source: 17.56.110]

17.18.030 Smart Residential Development Combining Zone (SD) Standards and Regulations A. Application of the SD Combining Zone. The SD combining zone allows both single-unit and multiunit residential dwelling development. The SD combining zone designation shall be suffixed with the zoning notation of the minimum parcel size permitted by that specific zone (i.e., SD-R-5, SD-R4.5, SD-R-3.5, SD-R-2.5). [Source: 17.58.020, modified] 164
Section 6, Item A.

Chapter 17.18 Combining Zones
44 B. SD Combining Zone Land Use Regulations. SD combining zones shall comply with the following land use regulation standards.

1. Uses Allowed by Right. If a land use is permitted by-right in the base zone, than it shall be permitted by-right in the SD zone [Source: 17.58.030, modified]

2. Uses Required a Conditional Use Permit. If a land use requires a Conditional Use Permit in the base zone, than it shall also require a Conditional Use Permit in the SD zone. [Source:

17.58.040, modified]
C. SD Combining Zones Development Standards. SD combining zones shall comply with the following development standards unless otherwise specified differently by the Development Plan Review Permit (see Chapter 17.96).

1. Table 17.18-1 Development Standards – Smart Residential Development Combining Zones.

Table 17.18-1 (Development Standards – Smart Residential Development Combining Zones) establishes parcel and structure standards that apply to all development in the specified SD combining zones. Provisions in other sections of this Zoning Code may also apply. [Source: NEW]
Table 17.18-1
Development Standards – Smart Residential Development Combining Zones Development Feature
(minimum unless otherwise
specified)
Combining Zone
SD-R-5 SD-R-4.5 SD-R-3.5 SD-R-2.5
General
Average Parcel Size (sq. ft.) 5,000 4,500 3,500 2,500
Height (max. ft.) 35 35 35 45
Structure Coverage (max.
percentage of total parcel
area)
50 50 60 `70
Density*
Minimum (max. du/ac)1 n/a n/a n/a 20
Maximum (max. du/ac)1 12 12 12 24
Yards (ft.)2
Front 20 20 10 10
Rear 10 10 7 7
Interior Side3 5 5 5 5
Street Side 5 5 5 5
Street Side (Reverse Corner lot
including fencing) 15 15 15 15
Yard Area (sq. ft.)4 800 700 500 250
165
Section 6, Item A.

Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.18 Final Draft – April 2024
45 Table 17.18-1
Development Standards – Smart Residential Development Combining Zones Development Feature
(minimum unless otherwise
specified)
Combining Zone
SD-R-5 SD-R-4.5 SD-R-3.5 SD-R-2.5
Specific Standards
* Density calculations do not include park or open space amenities. [Source: 17.58.060.A.2] 1 The number of residential dwelling units per acre shall meet the minimum average density and not exceed the maximum average density set forth by each district. To the greatest extent possible, the density set forth by each district shall be achieved through a variety of housing types and sizes. [Source: 17.58.060.A.2] 2 Minimum yard standards shall be approved by the Planning Commission. When yard standards are not determined by the Planning Commission, the yard standards identified in Table 17.18-1 of this Chapter shall apply. 3 Residential dwelling unit(s) is/are allowed to be built on a property line (i.e., zero lot line design) if there is a minimum distance on one side or the other of 10 feet between said unit and the structure on the abutting parcel. [Source:

17.58.060.A.7]
4 Each yard satisfying the minimum size requirement shall have a minimum depth and width of 10 feet and shall have direct access from at least one of the enclosed living areas (i.e., family room, living room, or kitchen area) of the dwelling. [Source: 17.58.060.A.10]

2. Architectural Style. The elevation drawings of Structures to be constructed in the SD combining zones shall be submitted as part of the Development Plan Review Permit, to be approved by the Commission. [Source: 17.58.060.A.11, modified]

3. Public Streets and Alleys. SD combining zones shall comply with the following standards. a. Street Width. Residential subdivisions may have local streets that have a paved minimum width of 32 feet (curb to curb) and include additional on-street parking within the right-of-way. One-way streets shall have a minimum width of 20 feet and the left travel lane shall be marked as a fire lane with no parking allowed. [Source: 17.58.060.B.1]
b. Parkways. Tree-lined parkways shall be installed with a minimum width of seven feet and a sidewalk with a minimum width of five feet. Sidewalks may be in or partially in an access easement outside the right-of-way. [Source: 17.58.060.B.2] c. Connectivity. All streets and public walks shall be designed to maximize connections of both street and walkways to surrounding collector and arterial streets to provide maximum walkability within neighborhoods and help dilute traffic congestion and speed. Cul-de-sacs are generally discouraged and should be used only where necessitated by shape of the overall property being subdivided. [Source: 17.58.060.B.3]
166
Section 6, Item A.

Chapter 17.18 Combining Zones
46 d. Alleys. Alleys shall have a paved width of 20 feet. Connecting driveways shall be provided with adequate sight-distance on either side of the driveway. [Source:

17.58.060.B.4]
e. Traffic Calming Devices. Traffic calming devices such as bulb-outs are encouraged at all intersections and roundabouts are encouraged where appropriate as an alternative to a four-way stop. [Source: 17.58.060.B.5] i. "Bulb-outs" refers to curb extensions that serve to narrow roadways to slow traffic, shorten the exposed distance pedestrians must walk to cross intersections, create parking pockets and discourage parking on street corners. [Source: 17.58.060.B.5, modified]
ii. "Roundabouts" refers to a type of road junction where traffic yields upon entering traffic that streams circularly around a central island-statistically safer than traditional intersections, roundabouts also eliminate excessive stopping and idling which has been proven to be a major contributor to air pollution. [Source: 17.58.060.B.5, modified]

4. Private Streets and Alleys. Where a project uses private streets, the requirements for sidewalks and parkways adjacent to the private street may be waived by a majority vote of the Commission as a whole. [Source: 17.588.060.C.1]

5. Open Space/Parks. In the SD combining zones, common open space shall be provided on site at a ratio of four acres per 1,000 residents. Where the Parks and Community Services Director finds that a neighborhood park is not necessary because of proximity to the location of a community park, an in lieu fee shall be paid. The amount of said fee shall be determined by the Master Fee Schedule and shall be identified in a subdivision agreement. [Source: 17.588.060.D.1]

6. Residential Unit Design. SD combining zones shall comply with the following standards. a. Garages. The elevation of a garage nearest a street shall be set back to the extent necessary to be practical and safe. [Source: 17.588.060.E.1, modified] b. Corner Parcels. Residential dwelling units situated on corner parcels should encourage a design that orients the garage and the front door to face different streets, except for duplexes. In the case of a corner parcel home with an alley, the garage may be accessed from the alley. [Source: 17.588.060.E.2]

7. Landscaping and Open Space. SD combining zones shall comply with the following standards.
167
Section 6, Item A.

Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.18 Final Draft – April 2024
47 a. A minimum of 40 percent of the front yard area shall be landscaped with a combination of trees, turf, or shrubbery. Hybrid Bermuda or other grass that requires a minimum of water shall be encouraged. Plant material shall be varied in size, shrubs from one to five gallons, and trees from 15 to 24-inch boxes. [Source: 17.588.060.F.1]
b. All landscaped areas shall be provided with an automatic irrigation system. [Source: 17.588.060.F.2]
c. At least two parkway trees shall be required on both the front and side street frontage of each parcel with a maximum spacing of one 15-gallon tree per 40 feet. [Source: 17.588.060.F.3]
d. Deciduous trees shall be planted along the south and west facing structure walls to allow solar access during the winter. [Source: 17.588.060.F.4] e. Trees should be located where they will screen views by residents of parking lots, back yards and patios. [Source: 17.588.060.F.5]
f. On-site common open space shall be centrally located to promote visibility from surrounding units. Benches, shading, waste receptacles, lighting, and a drinking fountain should be incorporated into this open space feature. [Source:

17.588.060.F.6]
g. Deviation from the above landscaping requirements may be considered by the Commission in order to meet State MWELO requirements or other State governing mandates necessary to preserve water usage.

8. Fences, Walls, and Hedges. SD combining zones shall comply with the following standards. a. All fencing visible from the street shall contain pilasters, columns, or posts. These pilasters shall generally be placed as follows: where two fences intersect, where a fence and a gate intersect or at the corner of a parcel. Fencing that does not conform to this requirement must first be approved by the Commission. [Source:

17.588.060.G.1]
b. Fences or walls that surround a parking lot shall be landscaped with plant material, such as vines and shrubs that mask these hard surfaces. [Source: 17.588.060.G.2] c. Decorative wrought-iron fencing is encouraged, especially between on-street parking and the living units. [Source: 17.588.060.G.3]
d. Gates and pedestrian opening(s) into the project shall be accentuated with pilasters, landscaping, trellises, lighting, and/or entry identification signs. [Source:

17.588.060.G.4]
168
Section 6, Item A.

Chapter 17.18 Combining Zones
48 9. Trash Enclosures – Multi-Unit Dwelling Developments. SD combining zones shall comply with the following standards.
a. Trash enclosures shall be constructed of solid masonry material or other material(s) and designed as approved by the Planning Commission. They shall be designed so that walk-in access is permitted by tenants without having to open the gates. [Source: 17.588.060.H.1]
b. Trash enclosure(s) shall have decorative heavy gauge metal gates and be designed to hide or screen refuse containers. A concrete apron shall be constructed from the trash enclosure to a point of dumpster pickup by the waste removal truck. [Source: 17.588.060.H.2]
c. Landscaping shall be provided to screen and to visually "soften" trash enclosures. [Source: 17.588.060.H.3]
d. The dimensions of the trash enclosure shall be consistent with City’s improvement standards and have provisions for recyclable waste. [Source: 17.588.060.H.4]

10. Parking. SD combining zones shall comply with the following standards. a. Off-street parking and loading shall be consistent with the requirements of Chapter 17.28 (Parking, Loading, and Access).
b. No more than fourty percent of any front, side, street side, or rear yard area shall be used for excess parking, beyond what is required by subsection (a) above. c. A Zoning Clearance shall be required for any proposed excess parking. d. Public Utility Easements shall not be hardscaped, unless permitted by the governing planning permit.

11. Processing Requirements. All development on the SD combining zone district shall be subject to the Development Plan Review Permit as required in Chapter 17.96 (Development Plan Review Permit).

17.18.040 Industrial Boulevard Area Combining Zone (IBA) Standards and Regulations A. IBA Combining Zone Land Use Regulations. IBA combining zones shall comply with the following standards.

1. Uses Allowed by Right. Uses allowed by right (P) in the IBA combining zone shall be determined by the underlying M-2 base zone. [Source: 17.60.020, modified] 169
Section 6, Item A.

Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.18 Final Draft – April 2024
49 2. Uses Requiring an Administrative Use Permit. Uses requiring an Administrative Use Permit (AUP) in the IBA combining zone shall be determined by the underlying M-2 base zone. [Source: NEW]

3. Uses Requiring a Conditional Use Permit. Uses requiring a Conditional Use Permit (CUP) in the IBA combining zone shall be determined by the underlying M-2 base zone. [Source:

17.60.030, modified]
B. IBA Combining Zone Development Standards. The following development standards together with applicable standards specified in the base M-2 zone shall apply to all land and structures in the IBA combining zone. [Source: 17.60.040]

1. Minimum Parcel Size. A parcel of land abutting Madera Avenue shall have a minimum area of two acres. [Source: 17.60.040.A]

2. Height. The maximum height of any structure shall be determined by the base zone. [Source: 17.60.040.B]

3. Yard Setback Areas.
a. Front Yard: 50 feet.
b. Rear Yard: Determined by base zone.
c. Side Yard: Determined by base zone. [Source: 17.60.040.C]

4. Structure Coverage. No requirement. [Source: 17.60.040.D]

5. Parcel Dimensions. That portion of a parcel fronting onto Madera Avenue shall have a minimum width of 265 feet. [Source: 17.60.040.E]

6. Landscaping. The first 10 feet from Madera Avenue towards the front yard setback line shall be landscaped, provided with irrigation and maintained in a neat and orderly fashion.

Sixty-five percent of the landscaped area shall be composed of turf or groundcover as deemed acceptable by State adopted regulations.

C. Signs. Requirements for signs shall be consistent with the standards specified in Chapter 17.30 (Sign Regulations). [Source: 17.60.050]
D. Fences, Walls, and Hedges. IBA combining zones shall comply with the following standards.

1. Fences, walls, and hedges shall not be allowed in the front setback area of any parcel located in the IBA combining zone. Any fencing visible from Madera Avenue shall be of decorative wrought iron or block wall. [Source: 17.60.060]

2. Fences, walls, and hedges shall be consistent with the site distance provisions established in Section 17.20.030 (Clear Vision Triangle). [Source: 17.40.070.A, 17.60.060] 170
Section 6, Item A.

Chapter 17.18 Combining Zones
50 3. Fences, walls, and hedges shall not exceed seven feet in height in any rear or side yard. [Source: 17.40.070.B, 17.60.060]
E. Parking. Off-street parking and loading shall be consistent with the requirements of Chapter 17.28 (Parking, Loading, and Access). [Source: 17.60.070]
F. Processing Requirements. All development on the IBA combining zone district shall be subject to the Development Plan Review Permit as required in Chapter 17.96 (Development Plan Review Permit).
171
Section 6, Item A.

This page intentionally left blank.
172
Section 6, Item A.

17 – Zoning Code
Article 3 – Regulations Applicable to
all Zones

FINAL DRAFT
April 2024
Table of Contents
CHAPTER 17.20 GENERAL SITE PLANNING AND DEVELOPMENT STANDARDS ................................ 2

17.20.010 Purpose...................................................................................................................................... 2

17.20.020 Street Improvements ................................................................................................................ 2

17.20.030 Clear Vision Triangle.................................................................................................................. 2

17.20.040 Solid Waste and Recycling Enclosures....................................................................................... 3

17.20.050 Undergrounding of Utilities....................................................................................................... 4 CHAPTER 17.22 ACCESSORY STRUCTURES ........................................................................................ 6

17.22.010 Purpose...................................................................................................................................... 6

17.22.020 Prohibited Uses ......................................................................................................................... 6

17.22.030 Agricultural Accessory Structure Standards.............................................................................. 6

17.22.040 Commercial Accessory Structure Standards ............................................................................. 7

17.22.050 Industrial Accessory Structure Standards. ................................................................................ 7

17.22.060 Residential Accessory Structure Standards............................................................................... 8 CHAPTER 17.24 FENCES, WALLS, AND HEDGES ............................................................................... 11

17.24.010 Applicability ............................................................................................................................. 11

17.24.020 Height Limitations ................................................................................................................... 11 173
Section 6, Item A.

Article 3 – Regulations Applicable to all Zones City of Kerman Zoning Code Final Draft – April 2024
ii

17.24.030 Fence Materials....................................................................................................................... 11

17.24.040 Required Walls ........................................................................................................................ 12 CHAPTER 17.26 LANDSCAPING ........................................................................................................ 15

17.26.010 Purpose.................................................................................................................................... 15

17.26.020 Applicability ............................................................................................................................. 15

17.26.030 Water Efficient Landscape Ordinance..................................................................................... 15

17.26.040 General Landscaping Standards.............................................................................................. 15

17.26.050 Landscape Area Requirements................................................................................................ 16

17.26.060 Artificial Turf............................................................................................................................ 16

17.26.070 Deferred Landscaping in Residential Zones ............................................................................ 18 CHAPTER 17.28 PARKING, LOADING, AND ACCESS ......................................................................... 21

17.28.010 Purpose and Applicability........................................................................................................ 21

17.28.020 Building Permit........................................................................................................................ 21

17.28.030 General Provisions................................................................................................................... 21

17.28.040 Number of Spaces Required.................................................................................................... 23

17.28.050 Compact Parking Spaces.......................................................................................................... 30

17.28.060 Accessible Parking Spaces. ...................................................................................................... 30

17.28.070 Reduction of Parking Requirements........................................................................................ 30

17.28.080 Recreational Vehicle Parking in Residential Zones.................................................................. 31

17.28.090 Off-Site Designated Parking .................................................................................................... 32

17.28.100 Parking Facility Design Standards............................................................................................ 32

17.28.110 Off-Street Loading Requirements ........................................................................................... 36 CHAPTER 17.30 SIGN REGULATIONS ............................................................................................... 39

17.30.010 Purpose and Applicability........................................................................................................ 39

17.30.020 Standards for Permitting Requirements ................................................................................. 46

17.30.030 Signs Subject to a Conditional Use Permit .............................................................................. 49

17.30.040 Exempt Signs ........................................................................................................................... 49

17.30.050 Prohibited Signs....................................................................................................................... 51 174
Section 6, Item A.

Article 3 – Regulations Applicable to all Zones City of Kerman Zoning Code Final Draft – April 2024
iii

17.30.060 Temporary Signs...................................................................................................................... 53

17.30.070 Signs Allowed by Zone............................................................................................................. 55

17.30.080 Specific Use Signs .................................................................................................................... 63

17.30.090 Abandoned or Dilapidated Signs, Frames, Structural members, and Supporting Poles......... 66

17.30.100 Master Sign Program............................................................................................................... 67

17.30.110 Minor Deviations and Variances ............................................................................................. 67

17.30.120 Nonconforming Signs.............................................................................................................. 69 CHAPTER 17.32 HISTORIC PRESERVATION (RESERVED) .................................................................. 72

17.32.010 Reserved.................................................................................................................................. 72 175
Section 6, Item A.

Article 3 – Regulations Applicable to all Zones City of Kerman Zoning Code Final Draft – April 2024
iv
This page intentionally left blank.
176
Section 6, Item A.

Chapter 17.20
General Site Planning and
Development Standards
w
177
Section 6, Item A.

Chapter 17.20 General Site Planning and Development Standards 2 Chapter 17.20 General Site Planning and Development
Standards

17.20.010 Purpose
The purpose of this Chapter is to establish reasonable and necessary standards for development in Kerman.

These standards are established to assure that Kerman develops in a manner that promotes efficient and orderly community growth. [Source: 17.78.010, modified]

17.20.020 Street Improvements
The following street improvements and dedications shall be completed prior to the issuance of a Building Permit unless stated otherwise in this Zoning Code. [Source: 17.78.020] A. Street and road dedications shall be made to the City in a manner prescribed by the City Engineer and consistent with the Circulation Element of the General Plan. [Source: 17.78.020.A] B. Curbs, gutters, and sidewalks shall be constructed as a condition of all development. Under certain circumstances, an exception may be granted by the City Engineer. [Source: 17.78.020.B, modified] C. Driveways and parking aprons shall be constructed in a manner consistent with the Kerman Standard Construction Details or as approved by the City Engineer. [Source: 17.78.020.C] D. All street improvements shall be constructed in a manner consistent with the Kerman Standard Construction Details or as approved by the City Engineer. [Source: 17.78.020.D]

17.20.030 Clear Vision Triangle
A. Purpose and Applicability. All new development proposed adjacent to any public or private street or alley intersection, shall be designed to provide a clear vision triangle for pedestrian and traffic safety. [Source: NEW]
B. Measurement of Clear Vision Triangle Area. A clear vision triangle shall be measured as follows:

1. Corner Parcels. On corner parcels, the clear vision triangle shall be formed by a 90-degree triangle with two sides measuring 25 feet along both the front and side curb lines, said length beginning at their intersection, and a third side connecting the two ends running diagonally across the property. See Figure 17.20-1 (Clear Vision Triangle). [Source:

17.78.070.b, modified]
178
Section 6, Item A.

Article 3 – Regulations Applicable to all Zones Chapter 17.20 Final Draft – April 2024
3 2. Parcels Containing or Abutting a Right-of-Way Easement, Private Drive, or Alley. On parcels containing or abutting a parcel containing a right-of-way easement, private drive, or alley, the clear vision triangle area shall be formed by a 90-degree triangle with two sides measuring 25 feet along each side of the right-of-way easement, private drive, or alley and the curb line abutting the roadway, said length beginning at their intersection, and a third side connecting the two ends running diagonally across the property. See Figure 17.20-1 (Clear Vision Triangle). [Source: NEW]
C. Obstructions and Height Limit in Clear Vision Triangle. It is unlawful to erect, install, or maintain any structure, fence, wall, hedge, sign, or obstruction higher than three feet above the nearest roadway curb level within the required clear vision triangle. [Source: NEW] Figure 17.20-1
Clear Vision Triangle

17.20.040 Solid Waste and Recycling Enclosures
In addition to Chapter 8.12 (Collection, Recycling, and Disposal of Solid Waste) of the Municipal Code, the following standards shall apply to all solid waste and recycling enclosures: [Source: NEW] A. All solid waste and recycling enclosures associated with new multi-unit residential dwellings, office, industrial, and commercial developments shall be constructed consistent with City Trash Enclosure Standard No. 5 and be screened with landscaping so that they are not visually obtrusive from any off-site location. All new enclosures shall be constructed with a slanted solid roof cover. [Source:

17.78.040.A, modified]
179
Section 6, Item A.

Chapter 17.20 General Site Planning and Development Standards 4 B. The standards established in this Section shall not be imposed on properties with existing structures, nor to structures or uses other than as specified in this Section, except when new construction occurs thereon. This Section shall be the exclusive authority for requiring solid waste and recycling enclosures. New construction shall mean construction of a substantial nature of 50% or more of existing floor area and not minor repairs, minor additions, or minor demolitions to existing structures. [Source: 17.78.040.B, modified]

17.20.050 Undergrounding of Utilities
All utility services associated with new development (see definition for “development” in Article 8) shall be placed underground. [Source: 17.78.050]
180
Section 6, Item A.

Chapter 17.22
Accessory Structures
181
Section 6, Item A.

Chapter 17.22 Accessory Structures
6 Chapter 17.22 Accessory Structures

17.22.010 Purpose
The purpose of this Chapter is to regulate the types and location of accessory structures within each zone. [Source: 17.62.010]

17.22.020 Prohibited Uses
No accessory structure shall be constructed or moved on to a parcel prior to commencing construction of the primary structure. No accessory structures shall be used as sleeping quarters unless expressly allowed in the zone in which the structure is located. [Source: 17.62.030, modified]

17.22.030 Agricultural Accessory Structure Standards
A. Height. The maximum height of agricultural accessory structures shall be 40 feet. [Source:

17.62.040.C, modified]
B. Setbacks. Agricultural accessory structures shall comply with the following setback standards.

1. Front Setback. The front setback shall be the same as the front yard setback standard for the zone in which the agricultural accessory structures is being located. [Source:

17.62.040.D.1]

2. Rear Setback. The rear setback shall be the same as the rear setback standard for the zone in which the agricultural accessory structures is being located, except when the structure will not exceed six feet in height. For structures six feet or less in height, the rear setback shall be no less than five feet. [Source: 17.62.040.D.2]

3. Side Setbacks. The side setbacks shall be the same as the side setback standards for the zone in which the agricultural accessory structures is being located, except when the structure will not exceed six feet in height. For structures six feet or less in height, the rear setback shall be no less than five feet. [Source: 17.62.040.D.3] C. Distance Between Structures. The distance between a structure used for human habitation and a structure used for livestock shall be 30 feet. [Source: 17.62.040.E.2] 182
Section 6, Item A.

Article 3 – Regulations Applicable to all Zones Chapter 17.22 Final Draft – April 2024
7 17.22.040 Commercial Accessory Structure Standards
A. Height. The maximum height of commercial accessory structures shall be the same as the height standard for the zone in which the accessory structure is being located, unless otherwise regulated in this Zoning Code. [Source: 17.62.060.C]
B. Setbacks. Commercial accessory structures shall comply with the following setback standards, unless otherwise permitted by this Zoning Code.

1. Front Setback. The front setback shall be the same as the front setback standard for the zone in which a detached commercial accessory structure is being located, except in the case of attached uncovered patios, decks, porches, and breezeways. Attached structures shall have a front setback distance of 60 percent of the front setback standard for the zone in which the commercial accessory structure is being located. [Source: 17.62.060.D.1]

2. Rear Setback. The rear setback shall be the same as the rear setback standard for the zone in which the commercial accessory structure is being located. In cases where the structure is six feet or less in height and the setback distance for the primary structure is greater than five feet, the structure shall have a setback distance of no less than five feet. [Source:

17.62.060.D.2]

3. Side Setbacks. The side setbacks shall be the same as the side setback standards for the zone in which a detached commercial accessory structure is being located. The setback distance for attached uncovered patios, decks, porches, and breezeways shall be no less than five feet from an interior parcel line when the setback for the primary structure is greater than five feet. [Source: 17.62.060.D.3]

17.22.050 Industrial Accessory Structure Standards.

A. Height. The maximum height of industrial accessory structures shall be 45 feet in the M-1 District and 55 feet in the M-2 District. [Source: 17.62.070.C, modified] B. Setbacks. Industrial accessory structures shall comply with the following setback standards.

1. Front Setback. The front setback shall be the same as the front yard setback standard for the zone in which a detached industrial accessory structure is being located, except in the case of attached uncovered patios, decks, porches, and breezeways. Attached structures shall have a front setback distance of 60 percent of the front setback standard for the zone in which the industrial accessory structure is being located. [Source: 17.62.070.D.1] 183
Section 6, Item A.

Chapter 17.22 Accessory Structures
8 2. Rear Setback. The rear setback shall be the same as the rear setback standard for the zone in which a detached industrial accessory structure is being located. In cases where the structure is six feet or less in height and the setback distance for the primary structure is greater than five feet, the structure shall have a setback distance of no less than five feet. [Source: 17.62.070.D.2]

3. Side Setbacks. The side setbacks shall be the same as the side setback standards for the zone in which a detached industrial accessory structure is being located. The setback distance for uncovered patios, decks, porches, and breezeways shall be no less than five feet from an interior parcel line when the setback for the primary structure is greater than five feet. [Source: 17.62.070.D.3]

17.22.060 Residential Accessory Structure Standards
A. Height. The maximum height of residential accessory structures shall be twelve feet, unless otherwise regulated in this Zoning Code. [Source: 17.62.050.C, modified] B. Setbacks. Residential accessory structures shall comply with the following setback standards, unless otherwise permitted by this Zoning Code.

1. Front Setback. The front setback shall be the same as the front setback standard for the zone in which a detached residential accessory structure is being located, except in the case of attached uncovered patios, decks, porches, and breezeways. Attached structures shall have a minimum front setback distance of 15 feet. [Source: 17.62.050.D.1, modified]

2. Rear Setback. Detached residential accessory structures shall be the same as the rear setback standard for the zone in which a detached residential accessory structure is being located, except in the case when a structure is no greater than 120 square feet. Detached structures 120 square feet or less shall have a minimum rear setback distance of five feet.

Swimming pools shall have a minimum of five feet setback from any living quarters and adjoining property line. [Source: 17.62.050.D.2, modified]

3. Side Setbacks. Detached residential accessory structures shall be the same as the side setback standard for the zone in which a detached residential accessory structure is being located, except in the case when a structure is no greater than 120 square feet. Detached structures 120 square feet or less shall have a minimum side setback distance of five feet, except in those side yards that have a 10-foot or greater setback requirement as established in Chapter 17.10 (Residential Zones). [Source: 17.62.050.D.3, modified]

4. Space Between Structures. The minimum space between residential accessory structures is 10 feet. [Source: 17.62.050.D.4]
184
Section 6, Item A.

Article 3 – Regulations Applicable to all Zones Chapter 17.22 Final Draft – April 2024
9 185
Section 6, Item A.

Chapter 17.24
Fences, Walls, and Hedges
186
Section 6, Item A.

Article 3 – Regulations Applicable to all Zones Chapter 17.24 Final Draft – April 2024
11 Chapter 17.24 Fences, Walls, and Hedges

17.24.010 Applicability
New development shall conform to the following standards for fences, walls, and hedges. [Source:

17.78.070]

17.24.020 Height Limitations
A. Fences, walls, and hedges shall not exceed 42 inches in height in front setback area nor seven feet in height in any required rear and side setback areas. Wrought iron fences are allowed up to 42 inches in the front setback area, provided any support pilasters are a maximum 12 inches wide, do not exceed 42 inches in height, and are spaced a minimum of six feet apart. [Source:

17.78.070.A, modified]
B. In the RR, R-1, R-2, R-3, AND MU zones, in the case of two adjoining or contiguous parcels which have a difference in ground elevation, an additional fence height may be allowed between side or rear setback area for a total height of six feet at the highest finished grade, but in no case exceeding eight feet above the ground level of the lower parcel at the property line; provided that the portion of any fence permitted extending above six feet shall be designed as to permit adequate air circulation and be permitted by a Zoning Clearance. This provision shall not be construed to prevent or prohibit shrubs, trees, or other ornamental plantings which are primarily intended or designed for landscaping purposes. [Source: 17.78.070.A, modified] C. In the CG, CN, CS, PA, M-1, and M-2 zones, fences may be allowed in excess of seven feet in height, subject to the approval of a Conditional Use Permit in compliance with Chapter 17.84 (Conditional Use Permit). Said fence shall not exceed eight feet in height. [Source: 17.78.070.D, modified]

17.24.030 Fence Materials
A. Fences shall not be constructed of barbed wire or similar material unless an Administrative Use Permit is first obtained. An Administrative Use permit may be granted only upon the Director finding that extraordinary circumstances requiring the use of barbed wire or similar material apply to the property in question which do not generally apply to property within the city. In no event may an Administrative Use Permit be granted for the use of barbed wire or similar material within three feet of any public right-of-way. The Director may require conditions of approval such as appropriate warning signs upon the barbed wire or a similarly constructed fence. [Source:

17.78.070.C, modified]
187
Section 6, Item A.

Chapter 17.24 Fences, Walls, and Hedges
12 B. Fences shall be constructed of original material. Fences in residential zones shall not be constructed of chain link, wire mesh, corrugated metal/plastic, or other repurposed material. Chain link fences with privacy slats may be constructed when the fence is not visible from the public right-of-way.

C. Electrified fences are prohibited in all zones. [Source: NEW]

17.24.040 Required Walls
A. A seven-foot solid block or masonry wall shall be constructed between residential and nonresidential zones, except when the MU zone abuts a residential zone on the rear or side property lines separating the two zones. A block wall between an MU zone and a residential zone may be required to mitigate noise impacts. [Source: 17.78.070.E] B. A greater height for a solid block or masonry wall may be constructed when deemed necessary by a mitigation measure under a CEQA Mitigation Monitoring Program, approved by the Planning Commission as part of a planning permit.
188
Section 6, Item A.

Article 3 – Regulations Applicable to all Zones Chapter 17.24 Final Draft – April 2024
13 This page intentionally left blank.
189
Section 6, Item A.

Chapter 17.26
Landscaping
190
Section 6, Item A.

Article 3 – Regulations Applicable to all Zones Chapter 17.26 Final Draft – April 2024
15 Chapter 17.26 Landscaping

17.26.010 Purpose
The purpose of this Chapter is to improve the appearance of the city by requiring permanently maintained landscaping and promote conservation and efficient use of water, in compliance with State law. [Source:

NEW]

17.26.020 Applicability
The standards established in this Chapter shall apply to all new development, existing development where new landscaping is installed, and new or expanded structures on existing development sites. [Source:17.78.060, modified]

17.26.030 Water Efficient Landscape Ordinance
All landscaped areas within the City and all the following standards and provisions in this Chapter shall comply with the water conserving landscape requirements established in Chapter 13.06 (Model Water Efficient Landscape Ordinance) of the Municipal Code. [Source: NEW]

17.26.040 General Landscaping Standards
A. Tree Plantings and Vegetation. Tree plantings and vegetation shall be consistent with the city’s regional climate, and landscape design shall be composed of water-efficient landscaping. Specific tree and vegetation species shall be determined at the plan check stage. [Source: 17.78.060.A, modified].

B. Plant Materials. Landscaping may consist of a combination of turf, groundcovers, mulch, shrubs, vines, and trees. [Source: New]
C. Minimum Replacement Tree Size. The minimum tree size container shall be 15-gallons. [Source:

17.78.060.A]
D. Replacement Tree Spacing. Replacement trees in compliance with Subsection C (Minimum Replacement Tree Size) shall be planted at a ratio of one tree for every 25 feet of frontage along a public right-of-way. [Source: 17.78.060.B, modified]
E. Landscape Planters. Landscaped planters shall be surrounded with a six-inch-high concrete curb or a similar type barrier to protect the landscaping from foot and automobile traffic. [Source:

17.78.060.D]
191
Section 6, Item A.

Chapter 17.26 Landscaping
16 17.26.050 Landscape Area Requirements
A. Minimum Landscape Area. Front and street-side yards of uses requiring site plan review shall have composed of turf to the extent necessary to comply with MWELO. The balance of the area can be composed of trees, shrubs, groundcover, or hardscape. Consideration should be given to the use of xerophytic (drought tolerant) plants and grasses. [Source: 17.78.060.E] B. Landscaping Location. The front yard setback area of all new development shall be landscaped with the exception of driveways. In addition, those side and rear yard setback areas, as determined by the Director, which are directly visible from public roads, and easements, and properties, shall also be landscaped. [Source: 17.78.060.F]

17.26.060 Artificial Turf
A. General. Artificial turf is allowed in all zones subject to the following standards and comply with the standards established by this Chapter. [Source: NEW]
B. Locations Allowed. Artificial turf is allowed in the following locations:

1. Rear and Interior Side Yard Setback Areas. Artificial turf is allowed in any zone within any rear and/or interior side setback areas. [Source: NEW]

2. Front and Street-Side Yard Setback Areas. In any zone, a maximum of 50 percent of the total area within the front or street-side setback area may be installed with artificial turf.

Artificial turf shall not be installed within 10 feet of a sidewalk or within 20 feet from the curb if there is no sidewalk. [Source: NEW]

3. Not Allowed in Parkway. Artificial turf is not allowed within any parkway areas. [Source:

NEW]
C. Minimum Standards. To be used in the front and street-side setback areas, artificial turf shall comply with the minimum standards for materials, installation, and maintenance. [Source: NEW]

1. Materials and Style. Artificial turf shall comply with the following material standards. a. Cut-Pile Fill. Artificial turf shall be of a type known as cut pile infill and shall be composed of polypropylene, polyethylene, or a blend of polypropylene and polyethylene fibers stitched onto a polypropylene or polyurethane meshed or hole-punched backing. Hole-punched backings shall have holes spaced in a uniform grid pattern with spacing not to exceed four inches by six inches on center. [Source: NEW]
b. Prohibited Materials. Nylon-based, plastic, or petroleum-based grass blades are not allowed. [Source: NEW]
192
Section 6, Item A.

Article 3 – Regulations Applicable to all Zones Chapter 17.26 Final Draft – April 2024
17 c. Color. A minimum blend of three colors, predominately green. [Source: NEW] d. Blade Length. A minimum blade length of 1.5 inches, with spines and uneven tops. [Source: NEW]
e. Infill Medium. Infill medium must be a natural material, such as coconut fiber, cork, and sand. Rubber infill medium is prohibited. [Source: NEW] f. Warranty and Fire Resistance. The product must have a minimum eight-year warranty and be fire resistant. [Source: NEW]

2. Installation. Artificial turf shall be installed in compliance with the following procedures and standards.
a. Maximum Slope. Artificial turf shall only be allowed on sloped areas less than 25 percent. [Source: NEW]
b. Existing Sprinkler Systems. Prior to installation of artificial turf, all existing sprinkler systems (i.e., piping, valves, sprinkler heads) no longer in use shall be capped or removed. [Source: NEW]
c. Ground Preparation. Prior to installation of artificial turf, all existing landscaping and plant material shall be removed where the artificial turf will be located and a minimum of three inches of soil excavated. [Source: NEW] d. Ground Leveling. The turf area shall be leveled, with a crushed stone subbase (i.e., decomposed granite) added to establish a foundation and facilitate drainage for the turf. The stone subbase shall be a minimum of three inches in depth. [Source:

NEW]
e. Drainage. Artificial turf areas shall be sufficiently drained to a permeable area or live landscaped area to prevent excessive pooling, runoff, or flooding. [Source:

NEW]
f. Barrier Buffer Required. A solid barrier buffer, such as a concrete mow strip, bender board, or similar material, shall be installed between the artificial turf and live plant material or soil to prevent mixing of natural plant materials and artificial turf. [Source: NEW]
g. Weed Barrier. A permeable geotextile (weed barrier) shall be installed to prohibit the growth of weeds. This barrier may either be incorporated into the synthetic turf or be installed as a separate layer on top the subbase. [Source: NEW] 193
Section 6, Item A.

Chapter 17.26 Landscaping
18 h. Fastening and Anchoring. Artificial turf must be permanently anchored with nails/spikes/staples and glue, and all seams must be nailed/spiked/stapled, or sewn, and glued, with the grain pointing in a single direction. [Source: NEW]

3. Appearance and Maintenance. Artificial turf shall comply with the following appearance and maintenance standards.
a. Maintenance. Artificial turf shall be installed and maintained to effectively simulate the appearance of a well-maintained, natural turf lawn. Synthetic turf must be maintained in a green, fadeless condition, free of weeds, stains, debris, tears, holes, depressions, ruts, odors, and looseness at edges and seams. No edges shall be exposed. [Source: NEW]
b. Replacement of Damaged and Worn Areas. Damaged or worn areas in artificial turf surface shall be repaired, or removed and replaced, in a manner that results in the consistent appearance with the existing artificial turf. Artificial turf shall be removed and replaced once it is unable to be maintained as required. [Source:

NEW]
c. Parking Prohibited. Vehicle parking on artificial turf is prohibited. [Source: NEW]

17.26.070 Deferred Landscaping in Residential Zones
In residential zones, compliance with the landscaping standards of this Chapter may be deferred for a period of not more than six months if all the following conditions are satisfied. [Source: 17.78.060.G] A. The use is an allowed us as specified in Chapter 17.10 (Residential Zones); [Source: 17.78.060.G.1, modified]
B. The deferment is applied for prior to the issuance of a certificate of occupancy by an owner-builder with the intent of personally occupying the residence; [Source: 17.78.060.G.2] C. The owner(s) deposits with the City a security deposit of $500 or as may be established by Subsection (D) below; and [Source: 17.78.060.G.4]
D. The owner(s) pays the deferred landscape agreement fee set pursuant to Section 17.72.030 (Fees); [Source: 17.78.060.G.3]
194
Section 6, Item A.

Article 3 – Regulations Applicable to all Zones Chapter 17.26 Final Draft – April 2024
19 This page intentionally left blank.
195
Section 6, Item A.

Chapter 17.28
Parking, Loading, and Access
196
Section 6, Item A.

Article 3 – Regulations Applicable to all Zones Chapter 17.28 Final Draft – April 2024
21 Chapter 17.28 Parking, Loading, and Access

17.28.010 Purpose and Applicability
A. Purpose and Applicability. To prevent traffic congestion and shortage of on-street parking spaces, off-street parking facilities shall be provided incidental to any new structures and intensifications or enlargements of existing uses. Off-street parking facilities shall be laid out in such a manner that they will protect the public safety and insulate surrounding land uses from their impact. [Source:

17.74.010, modified]
B. Minimum Parking Standards. This Chapter shall not be construed to prohibit the installation and maintenance of more parking spaces than the minimum number required. [Source: 17.74.080. modified]

17.28.020 Building Permit.

An application submitted for a Building Permit which includes the construction of parking areas for public or private use shall include the design of the required parking area drawn to scale. Such plans shall include all parking spaces and maneuvering areas, curb cuts, landscaping, and other improvements. The Building Permit shall not be issued until a Zoning Clearance has been approved in compliance with Chapter 17.74 (Zoning Clearance), and no final completion inspection approved until the parking spaces and required landscaping are installed. No business license shall be issued until a final completion inspection has been conducted. [Source: 17.74.100, modified]

17.28.030 General Provisions
Off-street parking areas shall be provided and maintained in compliance with this Chapter.

A. Uses Not Listed. Where the parking requirements for a land use are not specifically listed in Section

17.28.040 (Number of Spaces Required), below, the parking requirements for the use shall be determined by the Director. The Director shall establish a parking standard based on the operational similarity and parking demand of permitted uses in the zone district. [Source: NEW] B. Combination of Uses. Where there is a combination of principal uses in any one facility, the sum of the parking requirements calculated separately for each of these uses shall be provided unless otherwise indicated. [Source: 17.74.080. modified]
C. Fractional Spaces. If the calculation of parking needs results in the requirement for a fraction of a parking space, such a parking space need not be provided unless the fraction exceeds 50 percent. [Source: 17.74.080. modified]
197
Section 6, Item A.

Chapter 17.28 Parking, Loading, and Access
22 D. Seats or Seating Capacity. Where the standards for parking set forth in this Chapter are based upon seating capacity, the capacity shall be determined by the actual seating capacity. Where pews or benches will be used, seating capacity will be based on the following: one seat per 18 inches of pew or bench length and one seat per 30 inches of booth length for dining. [Source: 17.74.090] E. Parking Required On-Site. All required parking shall be located on the same parcel or development site as the uses served, except for parking located off-site in compliance with Section 17.28.090 (Off-Site Designated Parking). [Source: NEW]
F. Change of Occupancy. For a change of occupancy where the parking demand is increased and where no new construction requiring a Building Permit is anticipated, but a new Business License is required, the Director shall review the parking requirements of the proposed use and shall require a Parking Plan, consisting of a scaled site plan showing parking stalls, landscape islands, drainage if applicable, ingress, egress drawn to scale consistent with City parking stall standards, for the Director’s review and approval. No new Business License shall be issued until the Director has approved the Parking Plan. Copies of the Parking Plan drawn to scale shall be submitted in digital format to the Director for approval. The Parking Plan shall show the whole property in question and the means of ingress and egress, location of structures, parking spaces, landscaping, and any other proposed facilities. A Business License shall be issued once the Director finds the Parking Plan complies with the provisions established in this Chapter. If the site is unable to accommodate the necessary parking, the Finance Director shall deny the Business License. [Source:

17.74.120, modified]
G. Existing and Nonconforming Parking Facilities. Any structure or use for which parking facilities become substandard by the adoption of this Chapter shall be considered a nonconforming use.

Such nonconforming use may continue, but no enlargement or expansion of seating capacity or square footage shall be made in such use or structure, unless the required number of parking spaces or parking area as designated by this Chapter is provided in addition to all other applicable development standards. Any change of use in an existing structure or parcel that requires more parking space shall provide the additional parking areas required in this Chapter. [Source:

17.74.150. modified]
198
Section 6, Item A.

Article 3 – Regulations Applicable to all Zones Chapter 17.28 Final Draft – April 2024
23 17.28.040 Number of Spaces Required
Table 17.28-1
Minimum Number of Spaces Required by Use
Land Use Spaces Required
Human Services Uses
Cemetery.
• Crematories
• Mausoleums
• Columbariums
• Funeral establishments
1 space for every 2 seats in the main assembly room plus 1 parking space for each regular employee and 1 parking space for each vehicle operated on the grounds by the proprietary institution. [Source: 17.74.050.F.]
Child Day Care Home Parking spaces shall be provided as established for Single-Unit Dwelling, Two-Unit Dwelling, and Mobile Home on Individual Parcels). [Source: 17.74.020.F, modified]
Community Care Facility, Large 1.5 parking spaces for every 6 adults receiving care in the home in addition to the number of spaces required for the home.

Community Care Facility, Small Parking spaces shall be provided as established for Single-Unit Dwelling, Two-Unit Dwelling, and Mobile Home on Individual Parcels). [Source: 17.74.020.E, modified]
Day Care Center 1 parking space for each employee on any given shift plus 1 passenger loading space for every 8 children licensed by the County or State [Source: 17.74.020.G, modified]
Emergency Shelter 1 space per facility for staff plus 1 space per 6 occupants or beds allowed at the maximum occupancy. A covered and secured area for bicycle parking shall be provided for use by staff and clients, commensurate with demonstrated need, but no less than a minimum of 8 bike parking spaces. [Source: 17.92.020.E]
Hospital 2 parking spaces for each bed licensed by the State and 1 space per every 500 square feet of office, clinic, or lab area. Any outpatient facilities shall provide additional parking as required for a medical office. Nursing homes and convalescent hospitals shall provide at least 1 space for every 4 beds licensed by the County or State. [Source: 17.74.050.C and D, modified]
199
Section 6, Item A.

Chapter 17.28 Parking, Loading, and Access
24 Table 17.28-1
Minimum Number of Spaces Required by Use
Land Use Spaces Required
Industrial Uses
General Industrial and Processing Uses 1 parking space for each employee on any given shift and each company-operated vehicle; [Source: 17.74.060.A.1]
1 parking space for every 1,500 square feet of gross floor area and each company-operated vehicle.

Manufacturing or repair plants maintaining more than one shift of workers shall provide 2 parking spaces for every 3 employees on each of the 2 larger shifts plus 1 parking space for each company-operated vehicle. [Source: 17.74.060.A.2]
Utility Facility and Infrastructure 1 parking space for every 2 employees on the premises at any 1 time including overlaps in shifts [Source: 17.74.050.G, modified]
Warehouse or Distribution Facility 1 parking space for each employee on any given shift plus 1 parking space for each company-operated vehicle, or 1 parking space for every 2,000 square feet of gross floor area, whichever is greater. [Source: 17.74.060.B]
Recreation, Education, and Public Assembly Uses
Athletic Club 1 parking space for every 250 square feet of gross floor area. [Source: 17.74.070.A, modified]
Bowling Center 4 parking spaces for each lane. Other principal uses with the bowling center such as restaurants, pool halls, cocktail lounges, and other uses shall provide additional parking spaces as required by the provisions of this Chapter for each use. [Source:

17.74.070.B]
Card Rooms 1 parking space per 2 seats. [Source: 17.74.070.N] Commercial Stable 1 space for each employee on any given shift and 1 space for every 5 stalls. [Source: 17.74.070.J]
Driving range 1.5 spaces for each tee or station [Source: 17.74.070.H] Golf Course As determined by the Director based upon the specific uses and improvements proposed. [Source: 17.74.070.G, modified]
200
Section 6, Item A.

Article 3 – Regulations Applicable to all Zones Chapter 17.28 Final Draft – April 2024
25 Table 17.28-1
Minimum Number of Spaces Required by Use
Land Use Spaces Required
Miniature Golf Course 1.5 spaces for each hole. [Source: 17.74.070.I] Park Public parks over ten acres in size shall provide at least five percent of the total area for off-street parking facilities.

Parking requirements for public parks less than 10 acres shall be determined by the Director. [Source: 17.74.070.K, Online Code]
Pool and Billiard Room 2 spaces for each table. [Source: 17.74.070.M] Recreational Vehicle (RV) Park 1.5 spaces per RV site [Source: 17.74.020.I] School Elementary and Junior High School. 1 space for each employee or 1 space for every 3 seats in the auditorium or multipurpose room, whichever is greater, plus off-street loading space for at least
2 school buses. [Source: 17.74.050.A, modified]
High schools shall provide the greater of the following:
1 space for each employee and 1 parking space for every 3 students in the 11th and 12th grades, or [Source:

17.74.050.A.1]
1 space for every 3 seats in the main auditorium or stadium, whichever is the greater. [Source: 17.74.050.A.2]
College. 1 space for each employee and 1 parking space for every 2 students, or at least 1 parking space for every 3 seats in the main auditorium or stadium, whichever is the greater. [Source: 17.74.050.B]
Skating Rink 1 space for every 100 square feet of skating area. Other users within the skating center such as seating for observation, game rooms, and other uses shall provide additional parking spaces required by the provisions of this chapter for each use. [Source:

17.74.070.C]
Stadiums and Similar Uses 1 space for every 4 seats for stadiums, ball parks, and other outdoor sports areas with fixed seating. [Source: 17.74.070.L] Swimming and Tennis Club Swimming and tennis clubs, cabana clubs, public neighborhood pools and similar recreational clubs or facilities shall provide at least the number of parking spaces or amount of parking area 201
Section 6, Item A.

Chapter 17.28 Parking, Loading, and Access
26 Table 17.28-1
Minimum Number of Spaces Required by Use
Land Use Spaces Required
required by the use requiring the greatest parking area plus 50 percent of the parking required by the sum of other uses, as specified in this chapter. [Source: 17.74.070.F]
Tennis and Other Court Games 2 spaces for each court. [Source: 17.74.070.D] Residential Uses
Boarding House 1 space for every 2 occupants based upon the maximum occupant load of the sleeping or dining area, whichever is greater. [Source: 17.74.020.D, modified]
Mobile Home Park 1 covered space for each mobile home site and 1 space for every 5 mobile homes for guest parking.

Supplemental parking for boats, travel trailers, and other vehicles shall be provided at a ratio of 1 space for every 5 mobile home sites. Parking Spaces shall be allowed on only one side of the interior streets. [Source: 17.68.090.A-D, modified] Multi-Unit Dwelling and Cluster Development 1.5 spaces for each studio or 1 bedroom unit and 2 spaces for each unit 2 bedrooms or larger. Any room which could be converted into a bedroom (such as a den) shall be considered a bedroom when computing required parking. 1 of the required parking spaces per unit shall be covered.

Developments which contain 6 or more units shall supply guest parking spaces at a ratio of at least 0.5 parking spaces per unit.

Developments which contain less than 4 units are not required to provide guest parking spaces. [Source: 17.74.020.B,
modified]
Single-Unit Dwelling, Two-Unit Dwelling, and Mobile Home on Individual Parcels
2 covered parking spaces shall be provided for each dwelling unit within the buildable portion of the parcel. The required parking spaces may be provided within a garage, a carport, or any combination thereof. Each parking space shall be at least 9 feet in width and 19 feet in length. All carports and garages shall have a driveway length of at least 20 feet free and clear from the back edge of the sidewalk which is for the temporary parking of vehicles. Driveways and parking aprons shall, at a minimum, have a chip and seal surface. [Source: 17.74.020.A] Retail, Service, and Office Uses
202
Section 6, Item A.

Article 3 – Regulations Applicable to all Zones Chapter 17.28 Final Draft – April 2024
27 Table 17.28-1
Minimum Number of Spaces Required by Use
Land Use Spaces Required
Appliance Repair 1 parking space for every 600 square feet of gross floor area and one parking space per 2 employees. If located within a shopping center with other mixed-use development, which is predominantly retail, the appropriate shopping center
requirement applies, provided that there are mutual parking agreements, and the total cumulative gross floor area of this use does not exceed 10 percent of the gross floor area of the shopping center. [Source: 17.74.030. H]
Bank and Financial Institution 1 space per 200 square feet of gross floor area. If located within a shopping center or other mixed-use development which is predominately retail, the appropriate shopping center
requirement applies, provided that there are mutual parking agreements, and the total cumulative gross floor area of this use does not exceed 10 percent of the gross floor area of the shopping center. [Source: 17.74.040.C]
Bar 1 space for every four seats and 1 space for every 150 square feet of standing room area based upon the capacity of the fixed and movable seating area as determined under the Uniform Building Code. [Source: 17.74.030.B, modified]
Building Materials and Lumber sales 4.5 spaces for every 1,000 square feet of gross floor area in the main retail structure, plus any additional parking is required for Outdoor Sales establishments to the balance of the sales area that is not within the main structure. [Source: 17.74.030.D, modified]
Event Venues 1 space for every 3 seats, based upon the capacity of the fixed and movable seating area as determined under the Uniform Building Code but not less than one space per 50 square feet of dance floor for dancehalls, ballrooms, discos, and similar event venues where dancing is the principal use of the premises.

Restaurants, bars, and other recreational uses with incidental dancing shall provide parking according to the standards specified above based upon the area of that portion of the premises oriented to the dance floor. The parking required for the portion of the premises not oriented to the dance floor shall be based upon the standards specified in this title for the principal use of the premises. The Chief Building Inspector shall 203
Section 6, Item A.

Chapter 17.28 Parking, Loading, and Access
28 Table 17.28-1
Minimum Number of Spaces Required by Use
Land Use Spaces Required
determine which portions of the premises are oriented to the various uses. [Source: 17.74.030.G]
Hotel and Motel 1 space for each sleeping room, suite of rooms or housekeeping unit. Where other primary uses are located on the premises such as restaurants, bars, and meeting rooms, 100 percent of the requirement specified in this Chapter for the primary use requiring the greatest amount of parking shall be provided, and 70 percent of the requirement specified in this Chapter for the other uses shall be provided in addition. [Source: 17.74.020.C, modified]
Office Professional Office. 1 space per 400 square feet of gross floor area. Interior hallways used for access to office suites need not be counted in determining gross floor area. [Source:

17.74.040.A, modified]
Medical and Dental Office. 1 space per 200 square feet of gross floor area. If located within a shopping center or other mixeduse development which is predominantly retail, the appropriate shopping center requirement applies, provided that there are mutual parking agreements, and the total cumulative gross floor area of this use does not exceed 10 percent of the gross floor area of the shopping center. [Source: 17.74.040.B, modified]
Outdoor Sales. For outdoor sales areas (i.e., uncovered automobile or boat sales areas, building material and lumber yards, plant nurseries)
5 customer parking spaces for the first 5,000 square feet of uncovered sales area regardless of the actual area covered. In addition, one customer parking space for each additional 1,000 square feet of uncovered sales area to a required maximum of 20 customer parking spaces shall be provided. There shall also be at least one parking space for each employee on any given shift. [Source: 17.74.030.C, modified]
Personal Service 2 spaces for each established workstation or 1 parking space for every 150 square feet of gross floor area, whichever is deemed most feasible and necessary by the
Director, shall be provided. If located within a shopping center or mixed-use development which is predominantly retail, the appropriate shopping center requirement applies, provided that there are mutual parking agreements, and the total cumulative gross floor area of this use does not exceed 10 204
Section 6, Item A.

Article 3 – Regulations Applicable to all Zones Chapter 17.28 Final Draft – April 2024
29 Table 17.28-1
Minimum Number of Spaces Required by Use
Land Use Spaces Required
percent of the gross floor area of the shopping center. [Source:

17.74.030.F, modified]
Restaurant 1 space for every 4 seats based upon the capacity of the fixed and movable seating area as determined under the Uniform Building Code. There shall also be 1 parking space for every 2 employees on any given shift. [Source: 17.74.030.B, modified] Retail Sales For general retail activities, including neighborhood markets, secondhand stores, wholesalers, restricted retail sales, and other mixed-use developments which are predominantly retail and utilize a common parking area through mutual parking agreements, parking shall be provided at a ratio of at least

4.5 spaces for every 1,000 square feet of gross floor area. [Source 17.74.030.A, modified]
For uses such as retail stores principally displaying and selling furniture, floor coverings, pianos and organs, and large appliances, parking shall be provided at a ratio of at least one space per 600 square feet of floor area. If located within a shopping center or other mixed-use development which is predominantly retail, the appropriate shopping center
requirement applies, provided that there are mutual parking agreements, and the total cumulative gross floor area of this use does not exceed 10 percent of the gross floor area of the shopping center. [Source: 17.74.030.E, modified]
Vehicle, Boat, and Trailor Sales 1 space for each 400 square feet of gross floor area, plus 1 space for each 2 employees, plus any additional parking required for Outdoor Sales. [Source: 17.74.030.J, modified] Vehicle Repair and Service 3 spaces for every 1,000 square feet of gross floor area. If located within a shopping center or other mixed-use
development which is predominantly retail, the appropriate shopping center requirement applies, provided that there are mutual parking agreements, and the total cumulative gross floor area of this use does not exceed 10 percent of the gross floor area of the shopping center. [Source: 17.74.030.I] 205
Section 6, Item A.

Chapter 17.28 Parking, Loading, and Access
30 17.28.050 Compact Parking Spaces.

Up to 20 percent of the spaces in a parking facility with ten or more spaces may be designed and designated for compact cars. All compact parking spaces shall be clearly marked with white lettering stating "Compact.” Compact vehicle space dimensions shall comply with Section 17.28.050 (Compact Parking Spaces). [Source:

17.74.160, 17.78.030.F]

17.28.060 Accessible Parking Spaces.

Accessible parking spaces shall be provided and designed in accordance with the requirements of Title 24 of the California Building Code and Federal ADA standards and requirements. [Source: 17.74.170, modified] A. Common parking facilities may be provided in place of the individual requirements specified in this Chapter and shared between the uses they serve provided the total number of off-street parking spaces, when used together, shall not be less than the sum of the various uses computed separately taking into consideration allowable reductions of parking requirements established in Section

17.28.070 (Reduction of Parking Requirements), below. [Source: NEW] B. When any common parking facility is to occupy a site of 10,000 square feet or more, then the parking requirements as specified in this Section for each two or more participating structures or uses may be reduced by not more than 10 percent of the total area of the common parking facilities required upon approval of development plans through the Site Plan Review Permit. [Source: NEW]

17.28.070 Reduction of Parking Requirements
Non-residential uses may provide alternative facilities or programs which serve to reduce parking demand in return for a reduction in vehicle parking requirements. Vehicle parking requirements may be reduced in accordance with the following provisions: [Source: 17.74.130] A. Shower/Locker Facilities. Developments with 100 or more employees may reduce their parking requirement by providing shower and clothing locker facilities for bicycle commuting employees.

Maximum reduction: two percent of required parking or five spaces, whichever is greater. [Source:

17.74.130.A]
B. Preferred Carpool/Vanpool Parking Spaces. Office or industrial developments which guarantee preferred parking spaces (i.e., covered, shaded, near building entrance) to employees who participate regularly in a carpool or vanpool may reduce their parking requirement by one vehicle space for every one space which is marked and reserved for carpools/vanpools at a preferred location. Maximum reduction: two percent of required parking. [Source: 17.74.130.B] 206
Section 6, Item A.

Article 3 – Regulations Applicable to all Zones Chapter 17.28 Final Draft – April 2024
31 C. Request For Special Review of Parking. Parking reductions exceeding the maximums specified in Subsections A or B above, or modifications of improvement requirements, may be granted whenever such reduction or modification is considered in conjunction with a review of a permit authorized by this Zoning Code. The project proponent shall submit with a parking plan and other documentation necessary to demonstrate that unusual conditions warrant a parking reduction, such as the multiple use of a parking area by uses having peak parking demands which occur at different times; floor plans which indicate that the floor area devoted to customer or employee use is less than typical for the size building proposed; or that other programs will be implemented by the developer or tenant(s) which will result in a demand for less parking at the site. The appropriate authority may require the recordation of agreements with the County Recorder, prior to issuance of a Building Permit, which assure that appropriate programs are implemented for the duration of the parking reduction. [Source: 17.74.130.C

17.28.080 Recreational Vehicle Parking in Residential Zones This Section regulates the parking and storage of recreational vehicles, boats, and boat trailers in residential zones. As further defined in Article 8 (definitions), recreational vehicles shall include any type of motor home, travel trailer, truck/camper, camping trailer, or camper (not mounted on a truck). [Source: 17.78.080, modified]
A. Recreational vehicles, boats, and boat trailers shall not be stored within the required front yard of any parcel within a residential zone. [Source: 17.78.080.A, modified] B. Recreational vehicles exceeding 12 feet in height shall not be parked or stored on a residentially zoned parcel. [Source: 17.78.080.B]
C. Recreational vehicles may be stored within a required rear or side yard subject to the following conditions: [Source: 17.78.080.C]

1. No such vehicle shall be parked or stored within five feet of a rear property line. [Source:

17.78.080.C.1]

2. No such vehicle shall be parked or stored within the required side yard on the street side of a corner parcel. [Source: 17.78.080.C.2]

3. A solid fence or hedge at least seven feet in height shall be constructed to screen recreational vehicle storage areas located within a required side or rear yard. [Source:

17.78.080.D]
207
Section 6, Item A.

Chapter 17.28 Parking, Loading, and Access
32 D. Recreational vehicles shall not be connected, either on a permanent or temporary basis, to any utility services, such as electrical (including extension cords), water, or sewer connections for the purposes of living or sleeping for any period of time, unless explicitly permitted by a planning permit.

E. Recreational vehicles shall not be stored on any property that does not have a legally permitted residential structure.

17.28.090 Off-Site Designated Parking
Commercial uses open to the public that require more than 30 parking spaces may be located on the premises, within 300 feet of the premises, or a combination of both, subject to the approval of an Administrative Use Permit. The off-site spaces to be included in the total parking requirement shall be located off-street and shall meet the all applicable development standards for off-street parking established in Section 17.28.040 (Number of Spaces Required). [Source: 17.74.140]

17.28.100 Parking Facility Design Standards
All new off-street parking facilities shall comply with the following standards. These standards shall not apply to single-unit dwellings. [Source: 17.78.030]
A. Off-street parking spaces shall be designed so that vehicles do not back out into an arterial or collector street. [Source: 17.74.080, modified]
B. The parking access area shall provide parking and maneuvering room for motor vehicles and structure or area of land or water. [Source: 17.74.080, modified] C. All parking areas, aisles and access drives shall be surfaced with a minimum of two inches of asphalt concrete surface over a four-inch untreated rock base. The subgrade shall be compacted to a minimum compaction rate of 90 percent. [Source: 17.78.030.A] D. Asphalt parking facilities shall have a two percent slope (24 inches per 100 feet) for drainage and shall have concrete drainage gutters. [Source: 17.78.030.B] E. All landscaped areas that abut a parking facility shall be separated by a concrete curb that is six inches in width and height. [Source: 17.78.030.C]
F. All parking stalls shall be delineated by stripping that is white and has a line width of four inches. [Source: 17.78.030D.]
G. Parking stall dimensions shall be as follows:

1. 90 Degree Parking. 90 degree parking stalls shall comply with the following dimensional standards.
208
Section 6, Item A.

Article 3 – Regulations Applicable to all Zones Chapter 17.28 Final Draft – April 2024
33 a. Stall Width: nine feet
b. Stall Length: 19 feet
c. Aisle Width: 25 feet

2. 60 Degree Parking. 60 degree parking stalls shall comply with the following dimensional standards.
a. Stall Width: nine feet
b. Stall Length: 21 feet
c. Aisle Width: 18.5 feet

3. 45 Degree Parking. 45 degree parking stalls shall comply with the following dimensional standards.
a. Stall Width: nine feet
b. Stall Length: 21 feet
c. Aisle Width: 13.5 feet

4. Parallel Parking. Parallel parking stalls shall comply with the following dimensional standards.
a. Stall Width: nine feet,
b. Stall Length: 24 feet;

5. Compact Space Parking. Compact parking stalls shall comply with the following dimensional standards.
a. Stall Width: eight feet
b. Stall Length: 16 feet
c. Aisle Width: 25 feet
H. Parking facilities which are adjacent to sidewalks shall install wheel stops in each parking stall, to prevent encroachment into the sidewalk space. Parking spaces adjacent to landscaped planters may be shortened by two feet provided that the planter is at least five feet wide for each parking aisle and the planter is landscaped in a manner that provides clearance for automobile bumpers.

Wheel stops shall not be required in these spaces. [Source:17.78.030.H and H.1] I. All parking facilities of 10 spaces or more shall have landscaped planters. One 15-gallon tree shall be planted for every five parking spaces. All landscaped planters shall be provided with an irrigation system and comply with Chapter 17.26 (Landscaping). [Source: 17.78.030.I, modified] 209
Section 6, Item A.

Chapter 17.28 Parking, Loading, and Access
34 J. No more than 40 percent of the street frontage shall be dedicated for parking facilities. [Source:

17.78.030.J, modified]
K. Parking facilities adjacent to residentially zoned properties shall construct a seven-foot solid masonry wall on the property line separating the two properties. A landscaped berm at least four feet tall and not exceeding a slope of 30 percent may be substituted for a masonry wall. When an alley separates a parking facility from a residentially zoned property a wall shall not be required. [Source: 17.78.030.K]
L. Parking facilities for offices that are converted residential dwellings shall be located to the rear of the office when access from the alley is available. [Source: 17.78.030.L] 210
Section 6, Item A.

Article 3 – Regulations Applicable to all Zones Chapter 17.28 Final Draft – April 2024
35 Figure 17.28-1
Parking Design Standards

211
Section 6, Item A.

Chapter 17.28 Parking, Loading, and Access
36 Figure 17.28-2
Parking Terms

17.28.110 Off-Street Loading Requirements
For every structure or facility occupied by manufacturing, storage, warehouse, wholesale, retail store, market, passenger terminal, theater, hotel, motel, restaurant, hospital, laundry, dry-cleaning plant, or other similar use requiring the receipt or distribution of vehicles or merchandise, adequate space for standing, loading, and unloading shall be provided and maintained on the same site in addition to the parking requirements of this Chapter. The adequacy of off-street loading space shall be determined by the Director. [Source: 17.74.180]
212
Section 6, Item A.

Article 3 – Regulations Applicable to all Zones Chapter 17.28 Final Draft – April 2024
37 This page intentionally left blank.
213
Section 6, Item A.

Chapter 17.30
Sign Regulations
214
Section 6, Item A.

Article 3 – Regulations Applicable to all Zones Chapter 17.30 Final Draft – April 2024
39 Chapter 17.30 Sign Regulations

17.30.010 Purpose and Applicability
A. Purpose. The purpose of this Chapter is to regulate the size, height, design, location, number, and quality of signs in the City in order to protect the character of neighborhoods; provide a form of communication for businesses; and protect public safety and welfare by precluding signs that are visual obstructions to motorists and/or pedestrians. This chapter shall prevent the degradation of the visual quality of the city which can result from the proliferation of excessive amounts of signage, poorly designed signage, inappropriately located signage, and/or signage maintained in a hazardous or unsightly fashion. The intent of this chapter is to:

1. Advance the economic vitality of the city;

2. Improve the character and natural beauty of the community and its various neighborhoods and districts;

3. Promote the visibility of businesses through signage;

4. Enhance the public’s ability to identify uses and premises without confusion;

5. Prevent the proliferation of sign clutter;

6. Ensure the safety of pedestrian and vehicular traffic;

7. Provide specific instruction for the permitting of signage within the city; and

8. Implement objective sign design standards as may be adopted by the Council.

B. Signs in the city shall: __

1. Be of sufficient quality as to enhance rather than detract from the aesthetic value of structures and places;

2. Be proportionate to the scale of architecture;

3. Be compatible to the environment in which the signage is proposed to be located;

4. Be sensibly sized for public view;

5. Be commensurate with the purpose of the zone district in which the signage is proposed to be located;

6. Provide clear information for the purpose it is intended for. e; and

7. Should never compromise the safety of the public. [Source: 17.76.010, modified] 215
Section 6, Item A.

Chapter 17.30 Sign Regulations
40 C. Applicability. The standards of this Chapter apply to signs in all zoning districts. Only the signs authorized by this Chapter shall be allowed. [Source: NEW] D. Definitions. The following definitions shall apply to this Chapter:

A-Frame Sign. A portable sign with text and or images displayed on one or two surfaces with two edges connected with the other two edges spread so that the two faces read from different directions.

Advertising. Any written, electronic, or printed communication published, disseminated, circulated, or placed directly before the public, for the purpose of creating an interest in or inducing a person to procure a service, article, or attend or participate in an event or program.

Advertising Structure. All structures used as outdoor advertisement, regardless of size and shape, for the purposes of advertising anything, the origin or place of sale or service of which is not on the property with such advertising structure.

Animated Sign. Any sign which uses mechanical or electrical movement or change of lighting, either natural or artificial, to depict action or to create visual motion or the appearance thereof.

Apartment/Multifamily Identification Sign. A sign identifying an apartment or multifamily building or an apartment or multifamily complex.

Banner. Any cloth, bunting, plastic, paper, or similar non-rigid material attached to, or appended on or from, any structure, staff, pole, line, or framing upon which there is an advertising message, or which is intended for promotion.

Barber Pole. Rotating or stationery cylindrical pole of the traditional red, white, and blue spiral striped design, identifying the premises as a barber shop.

Base of the Sign Structure. The structural component of a freestanding sign located below the sign face.

Billboard. An Advertising Structure. See definition of “Advertising Structure”.

Business Center. A group of contiguous businesses which utilize common access, off-street parking, and/or the center name.

Business Sign. A sign which directs attention to a business, major category of products, services, industry, or other activity which is sold, offered, or conducted on the premises upon which such sign is located.

Changeable Copy Sign. A permanent sign, or portion of a sign, with a face panel having detachable, interchangeable individual lettering, which allows the lettering to be removed, altered, and replaced. Such signs shall not be changed more often than once every 24 hours. A sign on which the message changes more than once per 24-hour period shall be considered an animated sign and not a changeable copy sign for purposes of this chapter.

216
Section 6, Item A.

Article 3 – Regulations Applicable to all Zones Chapter 17.30 Final Draft – April 2024
41 Changeable Panel Sign. A permanent sign that allows the face panel, having fixed lettering, to be removed and replaced. Such signs shall not be changed more often than once every 24 hours. A sign on which the panel changes more than once per 24-hour period shall be considered an animated sign and not a changeable copy sign for purposes of this chapter.

Copy. The design of a sign face consisting of letters, colors, patterns, images, and/or similar content.

Electronic Reader Board. Sometimes called electronic signage, refers to display technologies like LED walls (or video walls), projection and LCD monitors to vividly display rotating text, webpages, videos, directions, restaurant menus, marketing messages or other digital images.

Directional Or Informational Sign. A sign giving only information and direction to the viewer and containing no advertising message.

Directory Sign. A sign or set of similarly designed individual signs, placed or displayed in sequence, to list all or a part of the businesses within a building, business center, or shopping center.

Display Window. A window area, typically located along the front elevation of a business, and/or in conjunction with a public entrance into the business, which displays merchandise available for purchase within. Display Windows may or may not include decoration, including seasonal decor, as well as textual elements such as prices and promotional verbiage. A display window shall not function as a marketing window.

Exempt Sign. A sign which is not subject to a sign permit.

Excessively Weathered shall mean, including but not limited to, signs where the condition of the paint or structural material has become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, fading, dry rot or warping. Removal shall be at the expense of the property owner on which the sign in question is located.

Flag. Any fabric, banner, or bunting containing distinctive colors, patterns, or design that displays the symbol(s) of a nation, state, local government, company, organization, belief system, idea, or other meaning.

Flashing Sign. Any sign which is perceived as an intermittent light, flashing light, or changing of color intensity light.

Freestanding Sign. A sign installed upon, or mounted on top of the ground, in a permanent fashion, which sign is self-supporting, not attached to a building. Signs mounted on architecturally integrated extensions of buildings shall not be considered freestanding.

Freeway Sign. An on-site and privately maintained sign that is building mounted or freestanding and is intended to be viewed from a freeway.
217
Section 6, Item A.

Chapter 17.30 Sign Regulations
42 Frontage, Occupancy. A single lineal dimension measured horizontally along the front of a building which defines the limits of a particular business or use at that location and which has direct public pedestrian access through an exterior wall.

Frontage, Site. The length of a site along the street or other principal public thoroughfare, but not including such a length along an alley, watercourse, railroad, or freeway.

Gasoline Price Sign. An on-premises sign identifying the brand, and/or type, and price of gasoline sold.

Governmental Or Other Signs Required by Law. A sign placed in any area of the city by a governmental entity or private individual or business as required by federal, state, or local laws.

Graphics. All lettering, logos, pictures, symbols, patterns, and depictions, including color, on a sign.

Ground Sign. A freestanding sign. See definition of “Freestanding Sign”.

Height. The distance from the sidewalk or roadbed grade nearest the base of the sign to the top of the highest element of the sign. When there is no sidewalk, the grade of roadbed nearest the sign shall be used.

Identification Sign. A sign which serves to tell only the name, address, and lawful use of the occupant or building upon which the sign is located.

Illuminated Sign. A sign in which an artificial source of light is used in order to make the message readable.

This definition shall include internally and externally lighted signs and reflectorized, glowing, or radiating signs.

Institutional Sign. A sign identifying the premises of, or announcing the activities conducted by, a church, school, hospital, rest home, or similar institutional facility.

Legal Nonconforming Sign. Any sign which was lawfully permitted, erected, and maintained that does not conform to existing standards.

Logo. The name, symbol, emblem, insignia, or trademark of a company or organization.

Major Tenant. A tenant in a business center having three or more leasable spaces, leasing a large portion of the leasable space in such center. The minimum size of a major tenant shall be 10,000 square feet.

Manager or Office of Manager Sign. A sign which identifies the location of the manager or the office of the manager of property.

Mansard Roof. A roof having an almost vertical facing on three or more sides on the exterior portion of the roof and an almost horizontally flat roof on the interior portion of the roof.

218
Section 6, Item A.

Article 3 – Regulations Applicable to all Zones Chapter 17.30 Final Draft – April 2024
43 Marketing Window. Floor space constructed within a structure that is designed and built to be exclusively used for promotional graphics to be viewed from the exterior of the structure. The space is designed only to provide an interior vestibule from which additional promotional graphics can be employed to attract attention and no access to the space is available to the general public.

Marquee Sign. Any sign which is on top, attached to the face, or suspended below a marquee, canopy, cantilevered covered walkway, or arcade, whether parallel to or at right angles to the face of the building.

Master Sign Program. A coordinated program of one or more signs for an individual business establishment, business center, or shopping center.

Monument Style Sign. A freestanding sign where the height of the sign is equal to or less than the length of the base of the sign and having a maximum height of ten feet. The area below the sign copy shall be solid from the ground to the lower edge of the copy area.

Mural. An original work of art hand-painted on a structural wall surface, not intended to advertise, but instead to aesthetically entertain.

Off-Premises Sign. The same as advertising structure. See definition of “Advertising Structure”.

On-Building Sign. A sign attached to, and wholly supported by, the wall of a building.

On-Site Sign. A sign specifically related in its subject matter to the premises on which it is located.

Pennant. Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, attached to a rope, wire, or string, usually in a series, designed to move in the wind and attract attention.

Parking Facility Sign. A sign placed or displayed in a parking lot to supply information to people using such lot, including information with respect to liability.

Placed or Displayed. Erected, constructed, posted, painted, printed, tacked, glued, carved, or otherwise fastened, fixed, or made visible in any manner whatsoever.

Plaque. An ornamental tablet, typically of metal, porcelain, or wood, that is fixed to a wall or other surface in commemoration of a person or event.

Political Sign. A sign which advertises, solicits votes, or elicits support for a candidate or candidates for public elective office, or a political party, or a sign urging a particular vote on a public issue decided by an official election.

Portable Sign. Any sign or advertising device that is not permanently embedded in the ground or affixed to a building or other structure, including any sign that rests upon the ground, a frame, a building, or other structure or item.
219
Section 6, Item A.

Chapter 17.30 Sign Regulations
44 Projecting Sign. A sign characterized by its attachment at an angle or perpendicular to the face of a building as opposed to being mounted flat on the surface of such building. Any sign which extends 12 inches or more from a building surface shall be considered a projecting sign.

Public Entrance. An entrance into a building recognized as a main or principal entrance. Fire exit only doorways and/or employee only entrances shall not be included as public entrances.

Public Place. Any and all public streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings, held and possessed within the public trust.

Reader Board Sign. The same as a changeable copy sign. See definition of “Changeable Copy Sign”.

Real Estate Sign. A sign offering developed or undeveloped real property for sale, lease, or rent.

Roof Line. A horizontal plane projected parallel to the plane of the roof fascia line or top of a parapet wall or an angular plane projected parallel to the verge rafter of a gable roof.

Roof Sign. Any sign erected upon or above the roof line of a building or placed above the apparent flat roof or eaves of a building.

Shopping Center. For the purposes of this Chapter, “shopping Center” means a group of commercial establishments planned, generally constructed, and managed as a total entity with employee and customer parking provided on the site under common control or shared under a reciprocal agreement. Shopping Center is further defined as “major” (50 or more acres or 300,000 square feet or more of total floor area), “community” (10 to 50 acres), and “neighborhood” (up to 15 acres). For the purposes of this chapter, commercial developments shall be classified as shopping centers, rather than business centers, when they are comprised of at least ten businesses/tenants and have a minimum of 50,000 square feet.

Sign. Any figure, character, outline, delineation, announcement, declaration, demonstration, illustration, emblem, words, numerals, or letters of an attention-attracting display or device painted, illuminated, posted, or affixed on any surface or in a manner used to attract attention to the premises or to advertise or promote the interest of any person, activity, business, or enterprise when the same is placed so that it is clearly visible to the general public from an out-of-doors position; provided, however, noncommercial natural floral and plant displays shall not be considered signs in computing the number or area of signs permitted.

Sign Area. The area of a sign encompassed by a maximum of eight connected straight line segments drawn around the extremities of the sign frame or can (if a frame or can is used to support or define the copy background area), or the sign copy background area (if no sign, frame, or can is used), or the sign copy (if no copy background area or frame or can is used).

Sign Clearance. The vertical distance between the bottom of a sign and the sidewalk or roadbed grade nearest the base of the sign.

Sign Face. The same as sign area. See definition of “Sign Area”. 220
Section 6, Item A.

Article 3 – Regulations Applicable to all Zones Chapter 17.30 Final Draft – April 2024
45 Sign Structure. Any structure which supports or is capable of supporting any sign. A Sign Structure. may or may not be an integral part of a building. For the purpose of a freestanding sign, the sign structure shall include the aggregate area of the sign, including the sign copy and all structural elements of the sign.

Site. An individual parcel or the area within the extreme boundaries of a multiple business or shopping center without regard to the individual lease lines or parcels within such center.

Subdivision Directional Sign. An off-premise sign providing information on the location of a subdivision whose lots, parcels, or units are being offered for sale, lease, or rent.

Subdivision Identification Sign. An on-premise sign advertising developed or undeveloped real property which has been divided into five or more lots, parcels, or units for sale, lease, or rent. (Signs advertising fewer than five such lots shall be treated as “real estate signs.”) Temporary Identification Sign. A sign used in place of a permanent identification sign until such time as the permanent sign can be installed.

Temporary Freestanding Sign. A sign, temporary in nature, which neither satisfies the definition of a freestanding sign or on-building sign, to include, but not limited to, A-frame signs, I-frame signs, stabbers, feathers, waivers, and vehicle signs.

Temporary Sign. A sign to be displayed for a period not to exceed 14 days (except temporary identification signs).

Under-Canopy Sign. A sign under a canopy or awning of a building which sign identifies a business, profession, or industry conducted on the premises by name only.

Vehicle Sign. A sign on a vehicle used for the purpose of advertising a business location, a special sale, or the like by any means.

Waver Sign. An individual or apparatus which is used for the purpose of advertising a business location, a special sale, or the like by any means, with or without a sign, with or without a costume.

Wall Sign. Any sign painted on or attached parallel to the wall facing of a building and projecting not more than 12 inches from the building face. See definition of “On-Building Sign”.

Window Sign. A sign attached to, suspended behind, placed, or painted upon the window or glass door of a building and intended for viewing from the exterior of such building. This definition does not include merchandise offered for sale on site, when on display in a window.

Windblown Device. A manmade device which visibly moves when blown by the wind, other than flags or banners.
221
Section 6, Item A.

Chapter 17.30 Sign Regulations
46 17.30.020 Standards for Permitting Requirements
A. Approval requirements. Except as otherwise noted in this Chapter, it is unlawful for any person to erect, construct, or relocate any sign in the City without first obtaining approval from both the Planning and Building Divisions. A Building Permit shall be required for the construction of any sign except those not required under Title 24 of the California Building Code.

B. Application requirements. In order to file an application for any action under this chapter, the applicant shall have a certain legal interest in the real property, which is the subject of the application, which legal interest e.g. owner, seller or purchaser under contract, or lessee may submit an application to the Planning Division for processing as follows:

1. The application shall be in the number of copies and in the format designated by the Director. All sign review applications shall include the following:
a. Completed application form to include all required signatures; b. Payment of the required fee, as set by resolution of the City Council; c. Scaled drawings in the format and amount determined by the Director to include:
scaled plot plan of the subject property, identifying the location of all proposed signs; ii. scaled drawings of all proposed signage with sign size(s) calculated; iii. scaled drawings of all building elevations to include all existing and proposed signs; and
d. All exhibits shall include a legend, and a color scheme, and show the type of illumination, method of attachment, material composition, disconnect switch wherever applicable, letter, words, symbols, and graphics to be depicted, and other information which may be needed to determine that the provisions of this chapter have been satisfied.

2. In processing sign applications, the following criteria shall be used to approve, conditionally approve, or disapprove:
a. The sign shall be consistent with the applicable standards, exceptions, and prohibitions set forth in this chapter; and
b. The sign’s location and copy shall not cause a visual or safety public nuisance for the site or surrounding uses.
c. The sign meets applicable approved master sign program standards.

3. The Director shall review all sign review permit applications and shall either approve, approve with modifications, or deny an application in accordance with the requirements of this chapter and any other applicable requirements of federal, state, or local laws. 222
Section 6, Item A.

Article 3 – Regulations Applicable to all Zones Chapter 17.30 Final Draft – April 2024
47 4. In the event of denial, the Director shall provide written notice of a denial to the applicant within five working days after a decision is rendered. The applicant may only appeal a denial decision of the Director to the Planning Commission pursuant to the provisions of Chapter 17.114 (Appeals).

C. Compliance with other codes. The erection or placement of all signs shall meet the requirements of the Public Utilities Commission of the state, the Uniform Building Code as adopted by the City, and all other relevant federal, state, and local laws and regulations.

D. Shopping center signs. The sign program for shopping centers shall be subject to the Director’s approval. The design criteria for all signs to be located within a shopping center or a mall-type development shall be approved before any individual sign permit application for the development is processed. Such review is to ensure that signs located within a shopping center are harmonious and of compatible design.

E. Lighting for exterior illuminated signs. Lighting for exterior illuminated signs shall be so arranged that it does not create a hazardous glare for pedestrians or vehicles, either on a public street or on any private premises. Each sign shall be designed so that illumination does not exceed 10 candlepower at a distance of ten feet from the sign.

F. Lighting. No artificial light of whatever type or nature used in conjunction with, or for the purpose of, lighting any sign shall be so located or constructed, nor shall any substance or material be used capable of reflecting light on or into any adjoining or nearby lot, structure, or public right-of-way.

When spotlights or floodlights are used to illuminate a sign, the reflector shall be provided with proper shields or glass lenses concentrating the illumination upon the area of the sign so as to prevent glare upon the street or adjacent property.

223
Section 6, Item A.

Chapter 17.30 Sign Regulations
48 G. Screening light sources. Whenever an illuminated sign is permitted, every part of its light source shall be concealed from view, and the light shall not travel from such light sources straight to the viewer’s eye, but instead shall be visible only from a reflecting or diffusing surface. Exempt from this requirement shall be neon tubing which conforms to division (E) of this section (lighting for exterior illuminated signs) and is included in the calculation of the total permanent sign area. As used in this section, “light source” shall mean a bulb or tube from which light is emitted when the bulb or tube is activated (electronically or otherwise), including, but not limited to, incandescent filament bulbs, electric discharge bulbs, and fluorescent tubes.

H. Measurement of Sign Area. __

1. Wall signs consisting of one or two lines of copy. Wall signs consisting of one or two lines of copy painted on or attached to a building wall where the portion of the wall behind the sign is the same color as the rest of the wall and does not serve as a frame area shall be measured by the smallest regular geometric shape not exceeding eight sides which encompasses each word, emblem, and/or symbol composing the sign. Areas between words in a line and between lines shall not be measured as long as they are reasonably spaced.

2. Other wall signs. Three lines or more of copy or nonlinear arrangement shall be measured as that area which can be enclosed within the smallest regular geometric shape not exceeding eight sides which encompasses the total message, including the open space between cutout letters, panels, figures, symbols, and/or objects.

3. Signs which are framed or have distinguishing color background. Signs which are framed or have distinguishing color background shall be measured by taking the entire area of the sign and background, including the framing surface.

4. Multiple face signs. The area of all faces shall be added together to determine the total sign area. However, double-faced signs may be erected having the allowed sign area on each side of the sign provided that the two faces shall not be positioned at greater than 45- degrees to one another. When the two faces of a sign are positioned at greater than 45- degrees to one another, faces of each side shall be counted individually in determining the total sign area.

5. Neon tube lighting. Illuminated neon tubing when outlining portions of buildings or windows shall be deemed to have a minimum width of at least six inches in the calculation of sign area. Where an area bordered by such lighting is substantially a closed geometric shape, all the area enclosed shall be considered the sign area. 224
Section 6, Item A.

Article 3 – Regulations Applicable to all Zones Chapter 17.30 Final Draft – April 2024
49 17.30.030 Signs Subject to a Conditional Use Permit
The following signs shall require a Conditional Use Permit:

A. Murals on privately owned property. [Source: 17.76.060.A] B. Electronic Reader Board [Source: New]
C. Specific Use Signs as required under Section 17.30.080.

17.30.040 Exempt Signs
The following types of signs shall be exempt from the requirements of this Chapter:

A. Construction Site and Subdivision Signs. Temporary construction signs that identify the architects, engineers, contractors, or other individuals or firms that are involved with a construction project.

There shall be no more than two signs on the site. These signs shall not exceed 32 square feet in area and shall be removed when construction is completed. [Source: 17.76.030.A and C, modified] B. Temporary Signs on Property Offered for Sale, Rental, or Lease. Temporary signs are allowed on private property in any zoning district being offered for sale, rental, or lease subject to the following limitations. These signs shall not exceed eight square feet. These signs shall not be erected for more than four days during any one-month period The sign shall remain only as long as some portion of the property advertised for sale remains unsold, unleased or not rented, or for a period of two years, whichever period is shorter. [Source: 17.76.030.B and D, modified.] C. Temporary Off-Site Signs. Temporary off-site subdivision and/or signs which advertise the sale, lease, or rental of another property may be erected to direct prospective purchasers to a subdivision that have parcels or homes for sale. These signs shall not be erected for more than four days during any one-month period. Said signs shall not exceed eight square feet. [Source:

17.76.030.D]
D. Window signs. Temporary window signs (non-internally illuminated) announcing special sales, a change in management, individual product and/or price signs, or similar information and designed to be viewed from adjacent streets, sidewalks, public right-of-way, or parking for a period not exceeding 30 days. This section is not intended to allow additional permanent signs. Window signs which are painted on, or temporarily affixed to the window surface shall not cover more than 60 percent of any single window or series of windows, nor more than 30 percent of the entire surface area of available windows, and shall not be affixed as to block clear view of exits or entrances or to create a safety hazard to persons exiting or entering. The total area of window signs shall not be greater than the permanent on-building sign area allowed for the business/use.

Window signs which are not covered by the temporary sign provisions, shall only be allowed as permanent signs with the approval of the required sign permit. 225
Section 6, Item A.

Chapter 17.30 Sign Regulations
50 E. Credit cards, debit cards, ATM, and association membership. Credit cards accepted, debit cards accepted, ATM availability, and association membership signs when not exceeding one-half square foot per window sign and one and one-half square feet per hanging sign and a total of four in number.

F. Directional signs. Signs bearing no advertising message or logo and are located on the site may be erected when necessary to facilitate circulation within the site or facilitate egress and ingress. Such signs shall not be counted against the site’s allowed sign area. The size, number, and placement of directional signs may be limited by the Director.

G. Informational signs for the safety and convenience of the public. Signs such as “open/closed,” “rest rooms,” “telephone,” “danger,” “impaired clearance,” “no smoking,” and other signs of a similar nature (“parking in rear,” “drive-in window,” and parking facility signs) may be allowed up to four square feet in area under this section.

H. Official signs. Official signs posted pursuant to, and in the discharge of, any governmental function by public officials in the performance of their duties (including traffic and street name signs, as well as notices, emblems, or other forms of identification and signs required by law).

I. Signs required by law. Signs displayed by private individuals when required by law or regulations of any governmental agency or law.

J. Political Sign. Political and campaign signs which announce a candidate or political issue shall not exceed 32 square feet, or as governed by other applicable State or Federal law. Removal shall take place two weeks after the election. [Source: 17.76.030.F] K. Vehicle Fueling Station Signs. Signs required to be posted at fuel stations pursuant to California Business and Professions Code Sections 13530 et seq. [Source: NEW] L. Nameplate and Address Signs. The following signs are intended to assist emergency response personnel in locating a site. [Source: 17.76.030.J and L, modified]

1. Residential. Occupant name, street number, and street name signs not exceeding two square feet in area per single-unit or multi-unit unit. [Source: NEW]

2. Nonresidential. Signs for commercial, office, and industrial uses not exceeding two square feet, with copy limited to business identification, hours of operation, address, and emergency information [Source: 17.76.030.L, modified]
M. Internal Signs. Signs within structures that are not visible from any point on the boundary of the premises. [Source: 17.76.030.M, modified]

226
Section 6, Item A.

Article 3 – Regulations Applicable to all Zones Chapter 17.30 Final Draft – April 2024
51 N. Public and Institutional Signs. Signs erected and maintained by any federal, state, or local governmental agency or that are required to be erected and maintained by any federal, state, or local governmental agency or court or by any federal, state or local law, ordinance or other governmental regulation, including but not limited to, signs erected by a public utility. [Source:

17.76.030.H, modified]
O. Flags, Plaques, and Banners. __[Source: 17.76.030.I] P. Integral signs. Signs which have been built into a structure when the sign has been carved into stone or fixed to the structure using a metal plaque. [Source: 17.76.030.K] Q. Garage Sale Signs. The signs on private property shall be removed within 24 hours following the sale date. [Source: 17.76.030.N]
R. Seasonal Decorations. Holiday greetings, decorations, and displays, such as relate to Christmas, Thanksgiving, the Fourth of July, and the like, such that said seasonal decorations are removed within 14 days after the appurtenant holiday event and excluding advertising signs disguised as seasonal decorations.

17.30.050 Prohibited Signs
The following signs are prohibited from being erected in the City: [Source: 17.76.040] A. Signs which may imitate an official traffic sign or signal; [Source: 17.76.040.A] B. Signs which may hide from view any traffic or street sign or signal; [Source: 17.76.040.B] C. Portable signs which are portable, A-frame, I-frame signs, “feathers,” and “stabbers”, to include “waver” signs on public right-of-way, except as permitted under the provisions of this Chapter, on private property for seasonal or temporary use.; [Source: 17.76.040C] D. Off-premises signs, except as permitted under the provisions of this Chapter.; E. Signs which project over a sidewalk less than 8 feet above the surface of the sidewalk.; [Source:

17.76.040.D]
F. Signs which project over an alley and are less than 15 feet high; [Source: 17.76.040.F] G. Flashing or rotating signs; [Source: 17.76.040.G]
H. Roof-mounted signs; [Source: 17.76.040.H]
I. Signs on telephone poles, utility poles, trees within the public right-of-way, street light, and street signs; and [Source: 17.76.040.I]
J. Billboards. [Source: 17.76.040.J]
227
Section 6, Item A.

Chapter 17.30 Sign Regulations
52 K. Signs having one or a combination of the following characteristics:

1. Obscene or offensive to morals. Containing statements, words, or pictures of an obscene, indecent, or immoral character which, taken as a whole, appeal to the prurient interest in sex, and which signs are patently offensive and, when taken as a whole, do not have serious literary, artistic, political, or scientific value;

2. Imitative of official signs. Signs (other than when used for traffic direction) which contain or are an imitation of an official traffic sign or signal, or contain the words stop, go, slow, caution, danger, warning, or similar words, or signs which imitate or may be construed as other public notices, such as zoning violations, building permits, business licenses, and the like; and

3. Fluorescent colors. Any permanent signs containing florescent colors as all or part of their copy; and

4. Natural despoliation. Signs which are cut, burned, limed, painted, or otherwise marked on a field, tree, rock, or other natural item.

L. Moving signs having one or a combination of the following characteristics:

1. Flashing of lights, blinking of lights, or changing of color intensity, except those permitted as part of seasonal decorations;

2. Animation (such as by mechanical movement of parts of the sign, projections on or within the sign, or changes on the shape or content of the sign face), to exclude “time and temperature” devices. This shall include, but is not limited to, flashing, blinking, flickering, moving textual messages, moving, rotating signs, and frames which appear to rotate, except those permitted as part of seasonal decorations;

3. Windblown devices and/or inflatable signs, whose movement is designed to attract attention, such as pennants, flags, balloons, or other inflated objects, or reflective attachments to sign faces, except those specifically permitted (as temporary signs in Section 17.30.040, and except those permitted as part of seasonal decorations, or flags which are specifically exempted by Section 17.30.040 of this Chapter);

4. Banners, with the exception of those which are specifically exempted by Section 17.30.040 of this Chapter; and

5. Where there is any production of smoke, fog, sound, light, or other substance or matter.

M. Obstructive to use or visibility, hazardous locations. No sign shall be erected in any manner which, in whole or in part, would create a hazardous condition to pedestrians or traffic alike, either by obstructing the free use of exits, building or site, or by creating visual distraction, being color, sound, or glare, or representing a traffic control device. 228
Section 6, Item A.

Article 3 – Regulations Applicable to all Zones Chapter 17.30 Final Draft – April 2024
53 N. Obstructive visibility to public safety. Blocking or covering more than 33% of any window or door with any permanent material shall be prohibited unless specifically permitted by this code. Any application of window film or similar material on any part of a window or door shall allow no less than 40% visible light transmission.

O. Within public places. Within any public street, sidewalk, any publicly accessible parking lot, or rightof-way, or other publicly owned facility, unless they shall maintain a minimum clearance of 15 feet above the adjoining grade level and after acquiring an encroachment permit from the City, except marquee signs as defined by this Chapter, unless specifically provided for in this Chapter.

P. Vehicle signs where the primary purpose of the vehicle is to serve as a billboard or sign. No vehicle or trailer may be used as a platform or substitute for a billboard, freestanding sign, or movable sign, whether parked on public or private property or found in the public right-of-way. This is specifically intended to include the use of vehicles as a freestanding or off-premises sign and does not apply to signs maintained on vehicles when such advertising is incidental to the primary purpose for which the vehicle is being used (such as delivery service).

Q. Miscellaneous temporary signs and posters. The tacking, posting, or otherwise affixing of signs of a miscellaneous character, visible from a public way, located on the walls of buildings, barns, or sheds or on trees, poles, posts, fences, or other structures shall be prohibited, unless specifically permitted by this chapter.

R. Distribution of handbills and flyers. The distribution or circulation of any advertising samples, handbills, circulars, booklets, or other notices of commercial advertising on vehicles or public facilities shall be prohibited.

Figure 17.30-1
Examples of Prohibited Signs

17.30.060 Temporary Signs
A. Temporary signs shall be allowed at the following times:
229
Section 6, Item A.

Chapter 17.30 Sign Regulations
54 1. Holiday promotion periods. Within identified holiday periods, temporary promotion signs shall be limited to banners, painted window signs, and/or pennants, not to exceed in size the total allowable on building sign area for the business/use. Such signs may be displayed without a sign permit or prior approval by the city. The allowed holiday promotional display periods are as follows:
a. Valentine's Day, and the preceding six days.
b. Easter Sunday, and the preceding six days.
c. Mother's Day, and the preceding four days.
d. Independence Day, and the week (Monday - Sunday) thereof. e. Almond / Harvest Festival day, and the week (Monday - Sunday) thereof. f. Halloween, and the preceding six days.
g. Thanksgiving, the preceding 10 days and the following three days. h. Christmas/New Year’s Holiday season (December 1st to December 31st).

2. Additional promotion periods. In addition to the holiday promotional periods listed above, a business may display banners, painted window signs, pennants, and/or windblown devices/inflatable signs not to exceed in size the total allowable on building sign area for the business/use, during two additional 14-day periods each calendar year. The additional two-week (14 day) periods may be at the discretion of the business owner per the approval of the Planning Division. To display special promotion temporary signs, a business must obtain an approved Temporary Sign Permit from the Planning Division of the city. The application shall indicate the time period and type of display. Such signs may be used in conjunction with an event or sale and may be displayed for 14 days maximum. Such promotional displays shall not list individual product prices. Special promotion periods may be used in place of a holiday promotion period (overlaid), as long as they do not extend the 14-day maximum period.

3. Grand opening signs. A business may apply to the Planning Division for a temporary sign permit for grand opening signage. A-frame signs, I-frame signs and portable changeable copy signs shall be limited to only one grand opening and a maximum display time of 30 days per business, with a written request approved by the Director.

4. Going out of business. A business may apply to the Planning Division for a temporary sign permit in order to facilitate the liquidation of inventory for a closing business for a period not to exceed 90 calendar days. Such a permit will be allowed only once for any business, with a written request approved by the Director. Change of ownership, change of management, business remodel, or business renovation events are not valid. 230
Section 6, Item A.

Article 3 – Regulations Applicable to all Zones Chapter 17.30 Final Draft – April 2024
55 B. Approval Requirements. An application for a Temporary Sign Permit shall be submitted for review and approval no less than five business days prior to the proposed installation date of the temporary signs. The application shall include a site plan identifying location of signs and scaled drawings of the temporary signs.

17.30.070 Signs Allowed by Zone
Signs located in the following zones and that are consistent with the following provisions shall be allowed.

The standards contained within this section apply to one side of the sign. In no case shall the sign area exceed 10 percent of the wall face on which it is located. [Source: 17.76.050] A. Urban Reserve (UR), Open Space, Recreation and Public Facilities (O), and Rural Residential (RR) Zones. These zones shall comply with the following sign standards.

1. One address sign not to exceed two square feet. [Source: 17.76.050A.1, modified]

2. One advertising structure in which the total surface area shall not exceed 32 square feet. [Source: 17.76.050A.2]

3. One temporary sign advertising the property for sale, rent, or lease. This sign shall not exceed 32 square feet. [Source: 17.76.050.A.3]
B. Single-Unit Residential and Multi-Unit Residential Zones. These zones shall comply with the following sign standards.

1. One address sign not to exceed two square feet per single-unit residence and multi-unit dwelling structure. [Source: 17.76.050.B.1, modified]

2. One subdivision or multi-unit dwelling sign shall be allowed per entrance. This sign shall not exceed 32 square feet. If ground-mounted, the top of the sign shall not exceed five feet in height. [Source: 17.76.050.B.2]
C. Professional and Administrative Office Zone (PA). This zone shall comply with the following sign standards.

1. On- building signs shall be allowed as follows: __[Source: 17.76.050.C.1] a. Size. Each business frontage having a public entrance and set back from the street less than 150 feet shall be allowed on-building identification signs having an area of one-half square foot per front foot of building lease area, up to 30 square feet of maximum area. Buildings set back 150 feet or more from the street shall be permitted one square foot of sign area per front foot of building lease area, up to 50 square feet.
231
Section 6, Item A.

Chapter 17.30 Sign Regulations
56 b. Location. When approved by the Director, the sign area may be transferred from a frontage with a public entrance to one without a public entrance provided the ratio of signing per lineal foot is not exceeded on any one elevation. c. Placement. On-building signs and projecting double-signs shall not extend above the wall, facade, parapet, or eaves of the structure on which they are located.

2. Office. developments may use one of two optional freestanding sign programs: a single freestanding sign listing the name and address of the office center, or the business in the case of a single business development. The sign area and the sign height shall not exceed those listed in Table 17.30-1 (Profession and Administrative Development Signs): [Source:

17.76.050.C.2]
Table 17.30-1
Professional and Administrative Development Signs
Each Street Frontage Height Face Area
0 - 50 4' 12 Sq. Ft.
51 - 100 6' 18 Sq. Ft.
101 - 200 8' 24 Sq. Ft.
201 - 400 10'* 32 Sq. Ft.
401 - Plus 12'* 48 Sq. Ft.
* A minor deviation to increase the height or surface area of the sign may be granted by the Director where the Director determines a taller sign “structure” shall enhance the design of the development.

3. Location. The location of freestanding signs shall not be less than three feet inside the property line and shall not interfere with the safety of vehicular traffic entering into or exiting from an office development property or with vehicular traffic or pedestrians. [Source: 17.76.050.C.3]

4. Number. The allowable number of freestanding signs shall be as follows:
a. The total face area may be utilized in one sign or be divided among one sign per street frontage, with a maximum height of eight feet and provided a minimum distance of one-half of the width of the lot is maintained between each sign and the street corner of the lot. This provision shall be for frontages having 201 feet or greater of the total street frontage and shall be approved by the Director. b. When an office building has more than one tenant, individual low-profile freestanding signs for each tenant may be permitted in lieu of a single freestanding sign for the site, as permitted by subsection (a) of this section. Such low-profile signs shall be uniform in construction (except for copy) and shall not exceed four 232
Section 6, Item A.

Article 3 – Regulations Applicable to all Zones Chapter 17.30 Final Draft – April 2024
57 feet in height, eight feet in length, and two feet in width per business. Such low profile signs shall be limited to copy on one side and placed parallel to the street.

233
Section 6, Item A.

Chapter 17.30 Sign Regulations
58 D. Neighborhood Commercial Zone (CN). This shall comply with the following sign standards.

1. One and one-half square feet of sign area for each two square feet of linear structure frontage not to exceed 45 square feet unless the use is located on a corner parcel in which case the sign area shall not exceed 60 square feet. Where the frontage is on more than one street, only the signs computed using the frontage of that street shall face that street. [Source: 17.76.050.D.1]

2. These signs may be ground- or wall-mounted, or a combination of both. Ground-mounted signs shall not exceed six feet in height. [Source: 17.76.050.D.2]

3. Each retail structure is allowed to have two square feet of sign area for each foot of structure frontage not to exceed a maximum of 50 square feet. These signs shall be fixed flush with the structure. [Source: 17.76.050.D.3]

4. Pole signs are prohibited in the CN zone. [Source: 17.76.050.D.4] E. General Commercial (CG) and Service Commercial (CS) Zones. The CG and CS zones are allowed freestanding signs, subject to the following provisions: [Source: 17.76.050.E, modified]

1. One freestanding sign shall be allowed for each parcel of land. Each freestanding sign shall be allowed as indicated in Tables 17.30-2 and 3, except as provided for in Paragraph (E)(4) of this section, below. [Source: 17.76.050.E.2, modified] Table 17.30-2
Single Tenant Development on a Parcel
Building Street Frontage Height Face Area
0 - 50 6' 20 Sq. Ft.
51 - 100 8' 30 Sq. Ft.
101 - 150 10' 40 Sq. Ft.
151 - 200 12' 50 Sq. Ft.
201 - 400 14' 60 Sq. Ft.
401 - Plus 20' 100 Sq. Ft.
234
Section 6, Item A.

Article 3 – Regulations Applicable to all Zones Chapter 17.30 Final Draft – April 2024
59 Table 17.30-3
Multi-Tenant Development on a Parcel
Building Street Frontage of Development Height Face Area 0 - 50 6' 40 Sq. Ft.
51 - 100 8' 50 Sq. Ft.
101 - 150 10' 60 Sq. Ft.
151 - 200 12' 80 Sq. Ft.
201 – 400 16' 100 Sq. Ft.
401 - Plus 25' 120 Sq. Ft.

2. In addition to the allowable freestanding sign allowance, shopping centers with a street frontage of 700 linear feet or greater shall be allowed secondary tenant freestanding identification signs. The number of secondary signs shall not exceed one per main drive approach for a maximum of two. Sign area shall not exceed 100 square feet of sign area per sign, with individual panels of no more than ten square feet. Identification signs shall have a maximum height of 20 feet. Such signs shall be granted for minor tenants within the center, located more than 150 feet from the street the business intends to serve. The design and location of each shopping center sign shall be reviewed and approved by the Director. [Source: 17.76.050.E.4]

3. Location: The location of such signs shall not be less than three feet inside the property line and shall not interfere with the safety of vehicular traffic entering into or exiting from the business center or with vehicular street traffic or pedestrians. On corner lots, it is the intent of this section that signs are not placed at the corner of one street frontage to be viewed from another street frontage. Generally, multiple freestanding signs for independent businesses and business centers shall be centered on the street frontage on which they are placed.

4. Number: Only one freestanding sign shall be allowed for and upon each street frontage.

Without increasing the total freestanding sign allowance for corner parcels, the Director may allow the linear footage of two or more connecting street frontages to be combined for corner parcels in order to obtain a greater face area for a freestanding sign along a particular frontage than would otherwise normally be permitted, subject to the following restrictions:
a. The height of the freestanding sign does not exceed that otherwise permitted for the street frontage on which the sign is placed, based on values denoted for the linear footage on that street; and
235
Section 6, Item A.

Chapter 17.30 Sign Regulations
60 b. The combined face area of the freestanding sign does not exceed that otherwise permitted for the street frontage on which the sign is placed by more than 25 percent.

5. Minor tenant directional signs: Shopping centers shall be allowed on-site directional signage for minor tenant identification. The number of directional signs shall not exceed one per main drive. Signs shall not exceed ten square feet of sign area per sign, with individual panels of no more than three square feet. Minor tenant directional signs shall have a maximum height of six feet and should architecturally integrate with the shopping center site. Signs shall be located a minimum of 40 feet from the nearest street property line, and the location shall be subject to approval by the Director. It is not the intent of this section to create additional signs to be viewed from a public right-of-way.

6. Freestanding vehicle service station price signs shall be allowed in accordance with Table

17.30-6 of this Section. [Source: NEW]

7. On-structure identification signs shall be allowed for frontages with public entrances. Each business frontage having a public entrance shall be permitted on-building identification signs with the allowable area computed in accordance with Table 17.30-4 as follows:
[Source: NEW]
Table 17.30-4
On-Structure Identification Signs
Building Entrance
Setback from
Property Line
Allowable Sign Area
Formula
Minor Tenants
Max. Allowable
Sign Area
Major Tenants
Max. Allowable
Sign Area*
Major Tenant
Greater Than
Two Stories Tall
Less than or equal to
150 feet to the nearest
street property line
One Sq. Ft. per each
linear foot of occupancy
frontage
75 Sq. Ft. 150 Sq. Ft. 200 Sq. Ft.

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. 236
Section 6, Item A.

Article 3 – Regulations Applicable to all Zones Chapter 17.30 Final Draft – April 2024
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] 237
Section 6, Item A.

Chapter 17.30 Sign Regulations
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] 238
Section 6, Item A.

Article 3 – Regulations Applicable to all Zones Chapter 17.30 Final Draft – April 2024
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.
239
Section 6, Item A.

Chapter 17.30 Sign Regulations
64 Table 17.30-6
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.
240
Section 6, Item A.

Article 3 – Regulations Applicable to all Zones Chapter 17.30 Final Draft – April 2024
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.
241
Section 6, Item A.

Chapter 17.30 Sign Regulations
66 Table 17.30-6
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.

242
Section 6, Item A.

Article 3 – Regulations Applicable to all Zones Chapter 17.30 Final Draft – April 2024
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. 243
Section 6, Item A.

Chapter 17.30 Sign Regulations
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;
244
Section 6, Item A.

Article 3 – Regulations Applicable to all Zones Chapter 17.30 Final Draft – April 2024
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:
245
Section 6, Item A.

Chapter 17.30 Sign Regulations
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. 246
Section 6, Item A.

Chapter 17.32
Historic Preservation (reserved)
247
Section 6, Item A.

Chapter 17.32 Historic Preservation (reserved)
72 Chapter 17.32 Historic Preservation (reserved)

17.32.010 Reserved
248
Section 6, Item A.

This page intentionally left blank.
249
Section 6, Item A.

Title 17 – Zoning Code
Article 4 – Standards for Specific
Land Uses

FINAL DRAFT
April 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 ................................................................................................................... 52 250
Section 6, Item A.

Article 4 – Standards for Specific Land Uses City of Kerman Zoning Code Final Draft – April 2024
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....................................................................................... 87 251
Section 6, Item A.

Article 4 – Standards for Specific Land Uses City of Kerman Zoning Code Final Draft – April 2024
iii

17.50.040 Location Standards for New Businesses.................................................................................. 87

17.50.050 Operational Standards ............................................................................................................ 88

17.50.060 Signs......................................................................................................................................... 90 252
Section 6, Item A.
253
Section 6, Item A.

Chapter 17.40
Standards for Specific Land
Uses
254
Section 6, Item A.

Chapter 17.40 Standards for Specific Land Uses
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:
255
Section 6, Item A.

Article 4 – Standards for Specific Land Uses Chapter 17.40 Final Draft – April 2024
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]
256
Section 6, Item A.

Chapter 17.40 Standards for Specific Land Uses
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]
257
Section 6, Item A.

Article 4 – Standards for Specific Land Uses Chapter 17.40 Final Draft – April 2024
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]
258
Section 6, Item A.

Chapter 17.40 Standards for Specific Land Uses
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]

259
Section 6, Item A.

Article 4 – Standards for Specific Land Uses Chapter 17.40 Final Draft – April 2024
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.
260
Section 6, Item A.

Chapter 17.40 Standards for Specific Land Uses
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
261
Section 6, Item A.

Article 4 – Standards for Specific Land Uses Chapter 17.40 Final Draft – April 2024
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]

262
Section 6, Item A.

Chapter 17.40 Standards for Specific Land Uses
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
263
Section 6, Item A.

Article 4 – Standards for Specific Land Uses Chapter 17.40 Final Draft – April 2024
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.
264
Section 6, Item A.

Chapter 17.40 Standards for Specific Land Uses
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. 265
Section 6, Item A.

Article 4 – Standards for Specific Land Uses Chapter 17.40 Final Draft – April 2024
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.
266
Section 6, Item A.

Chapter 17.40 Standards for Specific Land Uses
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. 267
Section 6, Item A.

Article 4 – Standards for Specific Land Uses Chapter 17.40 Final Draft – April 2024
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. 268
Section 6, Item A.

Chapter 17.40 Standards for Specific Land Uses
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. 269
Section 6, Item A.

Article 4 – Standards for Specific Land Uses Chapter 17.40 Final Draft – April 2024
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] 270
Section 6, Item A.

Chapter 17.40 Standards for Specific Land Uses
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. The home occupation business may employ help. Employees not residing within the home occupation residence shall not be allowed to physically report to the home occupation residence for business activities. There shall be no employment 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]
271
Section 6, Item A.

Article 4 – Standards for Specific Land Uses Chapter 17.40 Final Draft – April 2024
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. Large vehicles, trailers, and other forms of commercial vehicles used to conduct the home occupation may be required to be stored at an off-site location. such as tow trucks or other maintenance vehicles, shall be stored in a fully enclosed garage or behind a sixfoot 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]

272
Section 6, Item A.

Chapter 17.40 Standards for Specific Land Uses
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] 273
Section 6, Item A.

Article 4 – Standards for Specific Land Uses Chapter 17.40 Final Draft – April 2024
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]
274
Section 6, Item A.

Chapter 17.40 Standards for Specific Land Uses
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]
275
Section 6, Item A.

Article 4 – Standards for Specific Land Uses Chapter 17.40 Final Draft – April 2024
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.
276
Section 6, Item A.

Chapter 17.40 Standards for Specific Land Uses
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]
277
Section 6, Item A.

Article 4 – Standards for Specific Land Uses Chapter 17.40 Final Draft – April 2024
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]
278
Section 6, Item A.

Chapter 17.40 Standards for Specific Land Uses
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]
279
Section 6, Item A.

Article 4 – Standards for Specific Land Uses Chapter 17.40 Final Draft – April 2024
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] 280
Section 6, Item A.

Chapter 17.40 Standards for Specific Land Uses
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 281
Section 6, Item A.

Article 4 – Standards for Specific Land Uses Chapter 17.40 Final Draft – April 2024
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.
282
Section 6, Item A.

Chapter 17.40 Standards for Specific Land Uses
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. 283
Section 6, Item A.

Article 4 – Standards for Specific Land Uses Chapter 17.40 Final Draft – April 2024
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. 284
Section 6, Item A.

Chapter 17.40 Standards for Specific Land Uses
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. 285
Section 6, Item A.

Article 4 – Standards for Specific Land Uses Chapter 17.40 Final Draft – April 2024
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.
286
Section 6, Item A.

Chapter 17.40 Standards for Specific Land Uses
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.
287
Section 6, Item A.

Article 4 – Standards for Specific Land Uses Chapter 17.40 Final Draft – April 2024
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.
288
Section 6, Item A.

Chapter 17.40 Standards for Specific Land Uses
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.”
289
Section 6, Item A.

Article 4 – Standards for Specific Land Uses Chapter 17.40 Final Draft – April 2024
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. 290
Section 6, Item A.

Chapter 17.40 Standards for Specific Land Uses
38 This page intentionally left blank.
291
Section 6, Item A.

Chapter 17.42
Density Bonuses
292
Section 6, Item A.

Chapter 17.42 Density Bonuses
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]
293
Section 6, Item A.

Article 4 – Standards for Specific Land Uses Chapter 17.42 Final Draft – April 2024
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]

294
Section 6, Item A.

Chapter 17.42 Density Bonuses
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
295
Section 6, Item A.

Article 4 – Standards for Specific Land Uses Chapter 17.42 Final Draft – April 2024
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).
296
Section 6, Item A.

Chapter 17.42 Density Bonuses
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
297
Section 6, Item A.

Article 4 – Standards for Specific Land Uses Chapter 17.42 Final Draft – April 2024
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] 298
Section 6, Item A.

Chapter 17.42 Density Bonuses
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]

299
Section 6, Item A.

Article 4 – Standards for Specific Land Uses Chapter 17.42 Final Draft – April 2024
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]
300
Section 6, Item A.

Chapter 17.42 Density Bonuses
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] 301
Section 6, Item A.

Article 4 – Standards for Specific Land Uses Chapter 17.42 Final Draft – April 2024
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] 302
Section 6, Item A.

Chapter 17.42 Density Bonuses
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]
303
Section 6, Item A.

Article 4 – Standards for Specific Land Uses Chapter 17.42 Final Draft – April 2024
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]
304
Section 6, Item A.

Chapter 17.42 Density Bonuses
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]
305
Section 6, Item A.

Article 4 – Standards for Specific Land Uses Chapter 17.42 Final Draft – April 2024
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] 306
Section 6, Item A.

Chapter 17.42 Density Bonuses
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. 307
Section 6, Item A.

Article 4 – Standards for Specific Land Uses Chapter 17.42 Final Draft – April 2024
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]

308
Section 6, Item A.

Chapter 17.42 Density Bonuses
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] 309
Section 6, Item A.

Article 4 – Standards for Specific Land Uses Chapter 17.42 Final Draft – April 2024
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] 310
Section 6, Item A.

Chapter 17.42 Density Bonuses
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] 311
Section 6, Item A.

Article 4 – Standards for Specific Land Uses Chapter 17.42 Final Draft – April 2024
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]
312
Section 6, Item A.

Chapter 17.42 Density Bonuses
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 313
Section 6, Item A.

Article 4 – Standards for Specific Land Uses Chapter 17.42 Final Draft – April 2024
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] 314
Section 6, Item A.

Chapter 17.42 Density Bonuses
62 This page intentionally left blank.
315
Section 6, Item A.

Chapter 17.44
Marijuana Cultivation and
Dispensaries
316
Section 6, Item A.

Chapter 17.44 Marijuana Cultivation and Dispensaries
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] 317
Section 6, Item A.

Article 4 – Standards for Specific Uses Chapter 17.44
Final Draft – April 2024
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] 318
Section 6, Item A.

Chapter 17.44 Marijuana Cultivation and Dispensaries
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]
319
Section 6, Item A.

Article 4 – Standards for Specific Uses Chapter 17.44
Final Draft – April 2024
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]

Kerman City CouncilApril 24, 2024

Kerman City Council
April 24, 2024