E. Residential development projects with increased density or intensity standards may only be approved in compliance with State law (Government Code Section 65915 and Chapter 17.42 (Density Bonuses).
17.96.030 Building Permit Required
A. Before a Building Permit is issued for any building or structure that is subject to a Development Plan Review, the Director shall determine that the proposed structure conforms with the approved development plan.
B. The City Engineer shall determine that all required dedications have been recorded; a letter has been furnished by the applicant from all appropriate utilities that all necessary utilities will be installed in compliance with the City standards; and all off-site improvements (within the City rightof-way) have provided appropriate improvement security, the as a bond, cash deposit or instrument of credit.
C. Before a certificate of occupancy is issued, the Building Official shall determine if all the applicable conditions of the development plan have been complied with.
17.96.040 Application Filing and Contents
A. The applicant shall submit sets of prints of the development plan to the Division, as deemed necessary by the Director. The development plan review application materials shall include the following:
1. Site Plan drawn to scale with the following information:
a. Legal description and boundary survey map of the exterior boundaries of the parcel to be developed;
b. Plot plan of land to be developed, showing residential uses by type, number, and size; residential parcels by type, number and size; open space uses; streets, rightsof-way and easements; and proposed on-site and off-site improvements, including 354
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58 landscaping, walls and fences, street and sidewalk improvements, lighting and infrastructure;
2. A grading and drainage plan, showing elevations, directions of water flow and storm drainage improvements;
3. Concept plans that demonstrate the overall scope of the development including general arrangement of all open space and landscaping;
4. A preliminary utility plan;
5. Preliminary title report;
6. The anticipated timing of each development phase;
7. Elevation drawings and floor plan drawings of proposed structures in the development; and
8. Document requesting specific modifications to development standards and justification or information demonstrating how the proposed development is superior to traditional development of the recent past by increasing walkability and connectivity.
17.96.050 Action
A. Before setting a public hearing for the Commission on an application for a Development Plan Review Permit, the Director shall first review the application to determine if it is complete. A complete Development Plan Review Permit shall be noticed in compliance with Section 17.116.030 (Noticing Requirements for Permits), of the date, time, place, and project description. Before the public hearing, a staff report, environmental determination, and General Plan finding for the Development Plan Review Permit shall be made available to the Commission, interested agencies, and the public.
B. The Commission shall hold a public hearing on the proposed Development Plan Review Permit. At the public hearing, the Commission shall review and consider the testimony of the applicant, the public, representatives from other agencies, and city officials on the proposed Development Plan Review Permit.
C. The public hearing shall be conducted in compliance with the rules and procedures specified in Chapter 17.96 (Public Notices and Hearings).
D. The Commission may approve a Development Plan Review Permit as requested, or in a modified form, if, based on the application and the testimony submitted, the proposed development is demonstratively superior to the development that could occur under the standards applicable to the underlying base district, and will achieve superior community design, environmental 355
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59 preservation, and other substantial public benefit. In making this determination, the following factors should be considered:
1. Appropriateness of the use(s) at the proposed location;
2. The mix of uses, housing types, and housing price levels;
3. Provision of infrastructure improvements are adequate to meet the needs of the development;
4. Provision of open space. For example, a greater amount of open space or unique community amenities that would otherwise be provided under the strict application of this code.
5. Connectivity to public trails, schools;
6. Compatibility of uses within the development area;
7. Creativity in design and use of land;
8. Quality of design, and adequacy of light and air to the interior spaces of the buildings; and
9. Overall contribution to the enhancement of neighborhood character and to the built and natural environment of the City in the long term.
17.96.060 Resolution for Decision
The Commission, by resolution, may approve, approve with conditions, or deny without prejudice a Development Plan Review Permit application based on compliance with the provisions of this Chapter. The resolution shall describe the basis for the decision, including the findings contained in Section 17.96.060 (Action). The decision of the Commission shall be final unless appealed to the Council. The Commission shall cause a copy of its resolution to be mailed to the applicant within 10 days from the adoption.
17.96.070 Appeals
A. Appeals to the Commission’s decision shall be made to the Council in compliance with Chapter
17.114 (Appeals).
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60 B. Upon an appeal of the Commission’s action, the Council shall hold a new public hearing and notice such public hearing in compliance with Chapter 17.116 (Public Notices and Hearings). It shall review the proceedings held by the commission, and either affirm, deny, or modify the Commission’s decision. The decision of the Council shall be final.
17.96.080 Conditions of Approval
A. The Commission can approve a Development Plan Review Permit subject to conditions to protect the public’s health, safety, and welfare. Conditions may include, but are not limited to, requirements involving the following development features:
1. Architectural appearance, design, and materials;
2. Building setbacks, heights, and coverage;
3. Fences, walls, and hedges;
4. Parking requirements;
5. Location of service/common use areas;
6. Open space, landscaping, and irrigation;
7. Facilities, improvements, and utilities;
8. Vehicular ingress, egress, and internal circulation,
9. Grading, surfacing, and drainage improvements;
10. Regulation of signs;
11. Fire prevention equipment and measures;
12. Regulation of noise, vibration, odors, electrical discharge, or interference;
13. Regulation of lighting;
14. Easements, street dedication and improvements; and
15. Any other conditions deemed necessary to make development of the site conforming with the intent and purposes contained in this Title.
B. Conditions contained in a Development Plan Review Permit can only be required to achieve the objectives of this Title.
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61 17.96.090 Development Standards
The Commission shall designate the development standards for which a project is being considered under the Development Plan Review Permit. Whenever development standards are not designated by the Commission, such standards specified within Chapter 17.18 (Combining Zones) shall apply to all land and structures.
17.96.100 Lapse of Development Plan Review Permit
A. The Development Plan Review Permit shall lapse and become void 24 months from the date it became effective if the use is not utilized within that time unless a lesser or greater time was prescribed by the resolution granting the permit or unless, before the expiration, a Building Permit was issued by the Building Division and construction has commenced.
B. A Development Plan Review Permit may become null and void if, both the property owner and the benefactor submit in writing to the Director their intent to extinguish allowed development under the Development Plan Review Permit. The Development Plan Review Permit shall become null and void immediately without further notice.
17.96.110 Revocation or Modification
A Development Plan Review Permit may be revoked or modified in a manner specified in Chapter 17.94 (Permit Modification and Revocation).
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Chapter 17.98
California Environmental Quality
Act (CEQA) Procedures
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Chapter 17.98 California Environmental Quality Act (CEQA) Procedures 64 Chapter 17.98 California Environmental Quality Act
(CEQA) Procedures
17.98.010 Purpose
A. The purpose of this section is to comply with Public Resources Code, Section 21082 et seq. that mandates local agencies to adopt by ordinance, resolution, rule or regulation, objectives, criteria, and procedures for the evaluation of projects and the preparation of environmental impact reports, and negative declarations. As part of the review to determine whether an application for a development project is complete, the Director shall conduct a preliminary assessment of potential environmental issues.
B. The purpose of this review is to help the City decide if the project is subject to environmental review and, if so, which issues may require analysis. An application subject to environmental review pursuant to the California Environmental Quality Act (CEQA) shall not be considered complete until the applicant has submitted all studies and other documentation the Director has deemed necessary to make an environmental determination.
17.98.020 Applicability
The California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq., applies to all projects, activities, or actions as defined under Public Resources Code Section 21000 et seq.,.
17.98.030 Administration
The Director shall be charged with the responsibility of coordinating and directing the environmental review and preparation of environmental documents pursuant to the procedures established by the Public Resources Code Section 21000 et seq.
17.98.040 Exemptions
If the Director determines that a development application is subject to review under CEQA, within 30 days after determining that the application is complete, the Director shall determine if the project is exempt from environmental review pursuant to State law, CEQA Guidelines and any environmental guidelines that the City has adopted in compliance with CEQA.
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65 1. If the Director determines that a project is exempt from environmental review under CEQA, such determination shall be supported with necessary written findings and substantial evidence and included in any public notice required for the project. The notice shall include a citation to the applicable statute or CEQA Guideline section under which it is found to be exempt.
2. Following approval of a project that is exempt from CEQA review, the Director or the applicant may file a Notice of Exemption with the Fresno County Clerk and State Clearinghouse, or as may be required by statue. The applicant for a project shall be responsible for any fees required to file such notice.
17.98.050 Environmental Review
A. Initial Study. If a project is not exempt from environmental review, the Director shall prepare or cause the preparation of an Initial Study composed of applicable technical studies at the applicant's expense. The Director shall then determine whether to require preparation of an Environmental Impact Report (EIR), Negative Declaration or Mitigated Negative Declaration or whether the project is within the scope of a Master EIR, or other appropriate document authorized by CEQA.
B. Determination of Findings. Based on the Initial Study, the Director will make one of the following findings and prepare the appropriate environmental documentation in compliance with State law, CEQA Guidelines and any environmental guidelines that the City has adopted in compliance with CEQA.
1. The project will have "No Significant Impacts" on the environment, and a Negative Declaration will be prepared;
2. The project has been modified to mitigate potential environmental impacts to a level of insignificance and a Mitigated Negative Declaration will be prepared;
3. The project is within the scope of a Master EIR or other appropriate document authorized by CEQA, no additional significant environmental effect will result, and no additional mitigation measures or alternatives may be required; or
4. The proposed project will have, or may have, significant impact(s) and an EIR will be required.
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Chapter 17.98 California Environmental Quality Act (CEQA) Procedures 66 17.98.060 Review Authority for the CEQA Finding
A. Prior to approving a project, the decision-making body shall consider the proposed negative declaration, mitigated negative declaration, or Environmental Impact Report, together with any comments received during the public review process. The decision making body shall adopt the proposed negative declaration or mitigated negative declaration only if it finds on the basis of the whole record before it (including the initial study and any comments received), that there is no substantial evidence that the project will have a significant effect on the environment and that the negative declaration or mitigated negative declaration reflects the lead agency’s independent judgment and analysis [CCR Title 14, Section 15074].
B. When adopting a negative declaration or mitigated negative declaration, the lead agency shall specify the location and custodian of the documents of other material which constitute the record of proceedings upon which its decision is based.
C. When adopting a mitigated negative declaration, the lead agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to mitigate or avoid significant environmental effects.
17.98.070 Application and Payment of Fees
No review or request for review of an environmental determination shall be considered for a development application until the required fee set by resolution of the city council has been paid. 363
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17 – Zoning Code
Article 7 – Zoning Code
Administration
Table of Contents
CHAPTER 17.110 ADMINISTRATIVE RESPONSIBILITY .............................................................................. 2
17.110.010 Purpose...................................................................................................................................... 2
17.110.020 City Council................................................................................................................................ 2
17.110.030 Planning Commission ................................................................................................................ 2
17.110.040 Community Development Director........................................................................................... 3
17.110.050 Development Review Committee (DRC) ................................................................................... 3
17.110.060 Administrative Responsibility Overview.................................................................................... 4 CHAPTER 17.112 AMENDMENTS AND REZONES ..................................................................................... 6
17.112.010 Purpose...................................................................................................................................... 6
17.112.020 Initiation of Code Text Amendment and Rezones .................................................................... 6
17.112.030 Public Hearings.......................................................................................................................... 6
17.112.040 Commission’s Action ................................................................................................................. 7
17.112.050 Council Action............................................................................................................................ 7
17.112.060 New Application ........................................................................................................................ 7
17.112.070 Mapping .................................................................................................................................... 7
17.112.080 Urgency Zoning Ordinance Amendments................................................................................. 8 CHAPTER 17.114 APPEALS ...................................................................................................................... 10
17.114.010 Purpose.................................................................................................................................... 10
17.114.020 Applicability ............................................................................................................................. 10
17.114.030 Appeal Timeline....................................................................................................................... 10 364
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17.114.040 Effect of Filing Notice of Appeal.............................................................................................. 10
17.114.050 Contents of Notice................................................................................................................... 10
17.114.060 Actions..................................................................................................................................... 10
17.114.070 Director Appeal ....................................................................................................................... 11
17.114.080 Automatic Appeals.................................................................................................................. 11 CHAPTER 17.116 PUBLIC NOTICES AND HEARINGS ............................................................................... 14
17.116.010 Purpose.................................................................................................................................... 14
17.116.020 Noticing Requirements for Zoning Ordinance Amendments.................................................. 14
17.116.030 Noticing Requirements for Permits, Entitlements, and Development ................................... 14
17.116.040 Failure to Receive Notice......................................................................................................... 15
17.116.050 Notification of More than 1,000 Property Owners................................................................. 15
17.116.060 Notification of Public Agencies................................................................................................ 15 CHAPTER 17.118 ENFORCEMENT AND VIOLATIONS ............................................................................. 18
17.118.010 Purpose.................................................................................................................................... 18
17.118.020 Administrative Officials........................................................................................................... 18
17.118.030 Compliance with Code............................................................................................................. 18
17.118.040 Inspection................................................................................................................................ 18
17.118.050 Complaint Regarding Violation................................................................................................ 19
17.118.060 Penalty..................................................................................................................................... 19 365
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Administrative Responsiblity
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2 Chapter 17.110 Administrative Responsibility
17.110.010 Purpose
The persons and entities designated in this Chapter shall be responsible for the administration and implementation of this Zoning Code.
17.110.020 City Council
The powers and responsibilities of the City Council as the legislative body under this Zoning Code include, but are not limited to the following:
A. Adopt and amend the Zoning Map and the text of this Zoning Code following a public hearing and recommended action by the Commission.
B. Initiate new community and specific plans and updates to the general plan.
C. Initiate the rezoning of property.
D. Consider and make decisions on land use entitlements.
E. Hear and decide appeals from decisions of the Director or Commission on Conditional Use Permits, variances, and any other permits that can be appealed pursuant to this Zoning Code.
F. When decisions or interpretations of the Commission are appealed, the City Council is the final decision-making body.
17.110.030 Planning Commission
A. The Commission shall be the hearing body vested with the authority to approve, approve with conditions, modify, revoke, or deny a development application for a Planning Division permit, including Variance Permits, Development Plan, Conditional Use Permits, land divisions, and environmental studies and reports.
B. The Commission shall serve as an appellate body for all permit decisions made by the Director and for all interpretations of this Zoning Code made by the Director.
C. The Commission shall be the original hearing body to recommend approval or denial of the Zoning Code Text amendments and Zone Map amendments (rezones) to the Council. The Commission shall also regularly review development agreements and report their findings and recommendations to the Council.
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3 17.110.040 Community Development Director
The Director shall be the administrative head of the Planning Division. The Director is vested with the authority to approve or deny ministerial permits including: Administrative Use Permits, Temporary Use Permits, Home Occupation Permits, Site Plan Review Permits, Minor Deviation Permits, and Sign Permits; interpret the Zoning Code; enforce the provisions of the Zoning Code and other codes and statutes regarding the use of land and structures; prepare the application forms for planning permits and carry out other duties as directed by this Zoning Code or Council.
17.110.050 Development Review Committee (DRC)
A. Development Review Committee (DRC) Established. The City shall establish and maintain a Development Review Committee (DRC), an advisory body, to review and recommend actions and conditions on development applications when deemed necessary by the Director, for either discretionary or ministerial permits.
B. Composition and Number of Members. The DRC shall consist of any three or more members, as follows
1. Chief Building Official;
2. City Engineer;
3. Fire Marshal;
4. Public Works Director;
5. Parks, Recreation, and Community Services Director;
6. A representative from the Police Department; and
7. A representative from any other State Agency, School District, or Utility Service District.
C. Actions and Responsibilities. _____
1. The DRC shall review development applications for either discretionary or ministerial permits and provide the Director with a recommendation to modify or modify with conditions, of such applications for a permit.
2. The DRC shall be an advisory body with no decision making authority.
D. Rules and Procedures. The Director may adopt rules of procedure for the DRC. A quorum shall not be required for a DRC.
368
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4 17.110.060 Administrative Responsibility Overview
Table 17.90-1
Governing Authorities for Planning Division Permits and Entitlements Type of Action
Role of Authority
Director Commission Council
Minor Deviation Approves/Denies Appellate Body Appellate Body (Second Appeal)
Director Interpretation and
Classification of Use (see Chapter
17.04 – Interpretation of the
Zoning Code)
Approves/Denies Appellate Body Appellate Body
(Second Appeal)
Home Occupation Permit Approves/Denies Appellate Body Appellate Body (Second Appeal)
Site Plan Review Permit Approves/Denies Appellate Body Appellate Body (Second Appeal)
Conditional Use Permit Reviews and Makes
Recommendations
Approves/Denies Appellate Body
Administrative Use Permit Approves/Denies Appellate Body Appellate Body (Second Appeal)
Variance Permit Reviews and Makes
Recommendations
Approves/Denies Appellate Body
Development Plan Permit Reviews and Makes
Recommendations
Approves/Denies Appellate Body
Zoning Code Text Amendment Reviews and Makes
Recommendations
Reviews and Makes
Recommendations
Approves/Denies
Rezone (Zoning Map Amendment) Reviews and Makes
Recommendations
Reviews and Makes
Recommendations
Approves/Denies
Sign Permit Approves/Denies Appellate Body Appellate Body (Second Appeal)
General Plan Amendment Reviews and Makes
Recommendations
Reviews and Makes
Recommendations
Approves/Denies
369
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Amendments and Rezones
370
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Chapter 17.112 Amendments and Rezones
6 Chapter 17.112 Amendments and Rezones
17.112.010 Purpose
The purpose of this Chapter is to establish procedures for an amendment to the Zoning Code text and rezones of real property.
17.112.020 Initiation of Code Text Amendment and Rezones A. Types. ____
1. Code Text Amendment. A change to the text of the Zoning Code.
2. Rezone (Map Amendment). An application to change the zoning for a site from one zone district to another.
B. Initiation. An amendment to the Zoning Code may be initiated by any of the following actions:
1. Council Resolution. The filing of a resolution of initiation by the Council with the Commission.
2. Commission Resolution. The adoption of a resolution of initiation by the Commission.
3. Director Action. The written action of the Director filed in the Division.
C. Application. The filing with the Director of an application signed by one or more owners of record or the owner’s authorized agents, of which property is the subject of the proposed amendment or rezone. The names of all records owners of all land involved must be stated.
17.112.030 Public Hearings
A. Whenever a public hearing is required to be set, the Director shall set a date for a public hearing on the amendment. The public hearing shall comply with the provisions specified in Chapter 17.116 (Public Notices and Hearings).
B. City Council Hearing. Upon receipt of the recommendation of the Commission, the Council shall hold a public hearing consistent with the provisions specified in Chapter 17.116 (Public Notices and Hearings). If the proposed amendment changes property from one zone to another, and the Commission has recommended against the adoption of the amendment, the Council need not take any action, unless an interested party appeals the decision within five working days after the Commission action.
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7 17.112.040 Commission’s Action
A. After the close of the public hearing, the Commission shall act on the proposed amendment. The hearing may be continued by the majority of Commission members present. Before the conclusion of the meeting in which the proposed amendment is being considered, the presiding Commissioner shall announce the time and place to which the hearing is to be continued. No further public notice shall be required.
B. The Director shall transmit a resolution to the Council containing the Commission’s recommendation and findings. Findings outlined in the resolution shall refer to the project’s consistency with the General Plan, its impact on the health, safety and welfare of the community, and its potential impact on the environment.
C. If the Commission recommends denial of the amendment, the decision may be appealed to the Council in compliance with the provisions specified in Chapter 17.114 (Appeals). Failure to appeal the recommendation shall make the decision of the Commission final.
D. Within 10 working days of adopting a resolution on an amendment, the Commission shall transmit a copy of its resolution to the applicant.
17.112.050 Council Action
A. Following a public hearing, the Council may approve, modify, or deny the recommendation of the Commission.
B. Any significant modifications of the proposed amendment by the Council not previously considered by the Commission during its hearing, shall be referred back to the Commission for its review and recommendation. The Commission shall not be required to hold a public hearing on the referral.
Failure of the Commission to report within 40 working days after the referral shall cause the Council to proceed with the introduction of ordinance with modifications to be approved.
17.112.060 New Application
Following the denial of an amendment, no application for the same or substantially the same amendment shall be filed with the City within 12 months from the date a final decision was rendered, unless the denial action was without prejudice.
17.112.070 Mapping
Within 30 working days of a Rezone (Map Amendment) which reclassifies property from one zone to another, the Director shall indicate the change on the City’s official Zoning Map. 372
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Chapter 17.112 Amendments and Rezones
8 17.112.080 Urgency Zoning Ordinance Amendments
In accordance with Government Code Section 65858, as amended, without following the procedures otherwise required prior to the adoption of an amendment to the Zoning Code, the City Council may adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City Council, Planning Commission or the Director is considering or studying or intends to study within a reasonable time. The term, vote, public hearing, findings, extension, and report requirements under Government Code Section 65858 shall be followed.
373
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Chapter 17.114
Appeals
374
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10 Chapter 17.114 Appeals
17.114.010 Purpose
This Chapter establishes procedures for the appeal of determinations and decisions rendered by the Commission and Director.
17.114.020 Applicability
Any person aggrieved by the decision of the Director may appeal the decision to the Commission upon submittal of fee and appeal statement. Further, any person dissatisfied with a decision or interpretation of the Commission may appeal the decision to the Council upon submittal of fee and appeal statement.
17.114.030 Appeal Timeline
Director or Commission determinations may be appealed by filing a written notice of appeal with the City Clerk. All appeals must be made no later than 10 working days after the day on which the decision was made. Upon receipt of a notice of appeal in proper form, the City Clerk shall set a hearing date. A public hearing consistent with the requirements of Chapter 17.116 (Public Notices and Hearings) shall be held at appeal hearings of permits that require a public hearing before the original action.
17.114.040 Effect of Filing Notice of Appeal
The timely filing of an appeal shall stay all proceedings in the matter appealed including, but not limited to, the issuance of land use entitlements, development (construction) permits, and business licenses.
17.114.050 Contents of Notice
The notice of appeal shall state the decision being appealed, its identification number, and the identity of the appellant. Further, the appellant shall set forth the reasons for which the decision is unjustified or inappropriate.
17.114.060 Actions
The appellate body shall review the proceedings held by the Director or Commission in which a decision or interpretation was made. At the discretion of the appellate body, a hearing may be continued. 375
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11 17.114.070 Director Appeal
The Director may, at their discretion, appeal decisions of the Commission to the Council if any of the following occurs:
A. Where the action of the Commission constitutes new policies for the City; B. Where actions are contrary to established Council policy; C. Where actions have significant budget or financial impact for the City; D. Where actions are not in compliance with State law or in compliance with the Kerman Municipal Code.
17.114.080 Automatic Appeals
If the Commission is unable to take action because of disqualification or abstentions or failure of a quorum for two consecutive regular meetings, the Directorshall refer the matter to the Council for a public hearing.
Appeals made in compliance with this Section shall not be subject to any fees. The Council may make any decision it deems just and equitable, including the granting of any permit. 376
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Public Notices and Hearings
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14 Chapter 17.116 Public Notices and Hearings
17.116.010 Purpose
This Chapter provides procedures for noticing public hearings required by this Zoning Code. When advance notice is required and/or when a public hearing is required, the noticing and hearing shall be conducted in compliance with this Chapter.
17.116.020 Noticing Requirements for Zoning Ordinance Amendments Before the Commission or Council hearing on an amendment to or adoption of the ordinance, a notice of the public hearing shall be published one time, in at least one newspaper of general circulation within the jurisdiction of the City at least 10 days before the hearing. The notice shall include the information specified in Section 17.116.030 (Noticing Requirements for Permits, Entitlements, and Development). If the proposed amendment or adoption of the ordinance affects the uses of real property, notice shall be given in compliance with Section 17.116.030 (Noticing Requirements for Permits, Entitlements, and Development).
17.116.030 Noticing Requirements for Permits, Entitlements, and Development A. Before a hearing on a permit for which a public hearing is required, a single notice of hearing shall be given not less than 10 days before a hearing by publication in a newspaper of general circulation which is distributed in or near, the general area of the property which is affected by the proposed land use, permit, or entitlement. If there is no newspaper of general circulation, the notice shall be posted at least 10 days before the hearing in at least three public places within the City.
B. The newspaper publication and the mailed notices shall include information regarding the date, time and place of the public hearing, the planning body or officer who will consider the permit application and, a general description in text or by diagram, of the location of the real property that is the subject of the hearing. Surrounding properties shall be defined as those properties that fall within the outer property boundary of the proposed land use, permit, entitlement, or development as follows:
1. If the subject property is 20 acres or less, notices shall be given to all properties within 300 feet of the property line.
2. If the subject property is more than 20 acres, notice shall be given to all properties within 500 feet of the property line.
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15 17.116.040 Failure to Receive Notice
Failure of any person or entity to receive a notice given in compliance with Section 17.9116.030 (Noticing Requirements for Permits, Entitlements, and Development) shall not invalidate any proceedings for amendment to this Zoning Code nor any permits authorized by this Zoning Code.
17.116.050 Notification of More than 1,000 Property Owners If the number of property owners to whom notice would be mailed or delivered in compliance with Section
17.116.030 (Noticing Requirements for Permits, Entitlements, and Development), is greater than one thousand, the Director may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation, distributed in or near the general area of the property which is affected by the proposed development, permit, entitlement, or land use and posted on the City’s website at least 10 days before the hearing.
17.116.060 Notification of Public Agencies
In addition to providing written and/or published notice to affected property owners, a notice of the hearing shall be mailed or delivered at least 10 days before the hearing to each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services whose ability to provide those facilities and services may be significantly affected. 380
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Enforcement and Violations
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18 Chapter 17.118 Enforcement and Violations
17.118.010 Purpose
This Chapter establishes provisions that are intended to ensure compliance with the requirements of this Zoning Code and any conditions of Division permit approval, to promote the City's planning efforts, and for the protection of the public health, safety, and welfare of the City.
17.118.020 Administrative Officials
This Zoning Code shall be administered by the Director and other persons designated by the Director. The Director, Building Official, or Code Enforcement Officer (collectively referred to as “Enforcement Officers” shall be responsible for identifying structures and uses that exist or are conducted in a manner that violates this Zoning Code. If an Enforcement Officer finds that any provision of this Zoning Code is being violated, the Enforcement Officer shall notify, in writing, the responsible party indicating the nature of the violation and the action necessary to correct it consistent with the provisions of Chapter 1.18 (Code Enforcement Authority and Procedures).
17.118.030 Compliance with Code
A. All officials, Departments, Divisions, and employees of the City vested with the authority or duty to issue permits, certificates, or licenses shall comply with the provisions of this Zoning Code and shall not issue any permit, certificate, or license which conflicts with the provisions of this Zoning Code. Any permit, certificate, or license issued in conflict with the provisions of this Zoning Code shall be null and void.
B. No permits for the development of real property shall be issued until the Director determines whether the real property involved, and the proposed development are in compliance with the provisions of the Subdivision Map Act, the General Plan, Specific Plan, and this Zoning Code.
17.118.040 Inspection
In compliance with the provisions of Chapter 1.18 (Code Enforcement Authority and Procedures), an Enforcement Officer may, upon the presentation of credentials to the owner or, occupant, enter any premises or structure at any reasonable time for the purpose of determining if the site is being used in compliance with the provisions of this Zoning Code. If admission or entry is refused, the Director may apply for an inspection warrant consistent with the provision of the Kerman Municipal Code. 383
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19 17.118.050 Complaint Regarding Violation
Whenever a violation of this Zoning Code occurs or is alleged to have occurred, any person may file a written complaint with the Director, stating fully the causes and basis for the complaint. The Director shall record the complaint, investigate, and take action as provided by this Zoning Code and the City Municipal Code.
17.118.060 Penalty
A violation of the Zoning Code or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of Variances, Conditional Use Permits, or other development permits) may constitute an infraction or misdemeanor per Chapter 1.18 of the Municipal Code and shall constitute a public nuisance per Chapter 8.32.050 of the Municipal Code. A person shall be deemed guilty of a separate offense for each day a violation of this Zoning Code is committed or continued. The City may enforce pursuant to criminal citations, administrative citations, abatement, civil court action, a stop work order, and other remedies available by law. 384
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Table of Contents
CHAPTER 17.120 DEFINITIONS ............................................................................................................. 2
17.120.010 “A” Definitions........................................................................................................................... 2
17.120.020 “B” Definitions........................................................................................................................... 6
17.120.030 “C” Definitions........................................................................................................................... 8
17.120.040 “D” Definitions......................................................................................................................... 14
17.120.050 “E” Definitions......................................................................................................................... 16
17.120.060 “F” Definitions......................................................................................................................... 17
17.120.070 “G” Definitions......................................................................................................................... 19
17.120.080 “H” Definitions......................................................................................................................... 21
17.120.090 “I” Definitions.......................................................................................................................... 22
17.120.100 “J” Definitions.......................................................................................................................... 23
17.120.110 “K” Definitions......................................................................................................................... 24
17.120.120 “L” Definitions ......................................................................................................................... 24
17.120.130 “M” Definitions........................................................................................................................ 25
17.120.140 “N” Definitions ........................................................................................................................ 27
17.120.150 “O” Definitions ........................................................................................................................ 28
17.120.160 “P” Definitions......................................................................................................................... 29
17.120.170 “Q” Definitions ........................................................................................................................ 34
17.120.180 “R” Definitions......................................................................................................................... 35
17.120.190 “S” Definitions......................................................................................................................... 40
17.120.200 “T” Definitions......................................................................................................................... 35 386
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17.120.210 “U” Definitions ........................................................................................................................ 48
17.120.220 “V” Definitions......................................................................................................................... 48
17.120.230 “W” Definitions........................................................................................................................ 50
17.120.240 “X” Definitions......................................................................................................................... 51
17.120.250 “Y” Definitions......................................................................................................................... 51
17.120.260 “Z” Definitions......................................................................................................................... 51 387
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2 Chapter 17.120 Definitions
17.120.010 “A” Definitions
Abandonment. The cessation of the use of the property for a period of 12 months or more.
Abatement. Eliminating a zoning violation.
Abut. To physically touch or border upon; or to share a common property line.
Access. The place, means, or way by which pedestrians and vehicles shall have safe, adequate, and usable ingress and egress to a property, parcel or natural feature or use as required by this title.
Accessory Dwelling Unit (ADU).
Accessory Dwelling Unit (ADU). Attached or detached residential dwelling unit, on the same parcel as the principal dwelling, which provides complete independent living facility for one or more persons and includes permanent provisions for living, sleeping, eating, cooking, and sanitation as may be amended by the California Government Code.
Junior Accessory Dwelling Unit (JADU). An accessory dwelling unit that is located entirely within a detached single unit dwelling that shall meet the requirements in Article 4 (Standards for Specific Uses), as may be amended by the California Government Code.
Accessory Structure. A structure (i.e., carport, garage, storage shed, barns, workshop,) that is clearly incidental, related, secondary, and subordinate to a primary structure. The accessory structure shall contain no kitchen and shall not change the character of the primary structure. All accessory structures shall be constructed with, or after, the construction of the primary structure. For accessory dwelling unit, see “Accessory Dwelling Unit (ADU)”.
Accessory Use. A use that is clearly accessory, incidental, and secondary to the primary use of the land, or any use that is determined by the Director to customarily part of or related to the primary use of the land does not change the character of the primary use or primary structure. Does not include the storage of building materials and construction equipment. See “Contractor Storage Yard”.
Access Way. See “Access”.
Acre. A land area unit containing 43,560 square feet.
Addition. Any construction which increases the size of an existing building (i.e., porch, attached garage or carport, new room). An addition is a form of alteration.
Adjacent.Near, close, or abutting (i.e., an industrial zone across a street or highway from a residential zone).
Adjoin. See “Abut”.
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3 Adult Oriented Business. See Chapter 9.20, Adult Oriented Business, Section 9.20.040.
Advertising Structure. Any notice or advertisement, pictorial or otherwise, and all structures used as an outdoor display, regardless of size or shape, for the purpose of advertising property or the establishment or enterprise, including goods and services which are not located on the same property as the advertising structure.
Aesthetic. The perception of artistic elements, or elements in the natural or manmade environment which are pleasing to the eye.
Agriculture. The practice of farming, including tilling of soil, the raising of crops, horticulture, viticulture, aviculture, apiculture, livestock grazing, the raising of small animals and poultry, domestic livestock farming, dairying, and animal husbandry.
Agriculture, Animal Husbandry. The raising, breeding, and caring of farm animals (e.g., cattle, horses, goats, sheep, chickens, hogs, rabbits, birds) as a commercial agricultural venture or minor occupation.
Agriculture, Dairies. An agricultural establishment raising large animals for the primary purpose of milking, including cattle, goats, and sheep.
Agriculture, Horticulture. Agricultural crops, fruit trees, hay crops, nurseries for producing trees, vines and other horticultural stock, orchards, pasture crops, nut trees, row crops, vineyards, and other plant crops.
Horticulture activities exclude marijuana and hemp cultivation.
Agricultural Processing. A facility engaged in the refinement, treatment, or conversion of agricultural products. Illustrative examples of examples of agricultural processing include, packing sheds, fruit dehydrators, feed grain and flower mills, cold storage houses and hulling operations and the sorting, cleaning, packing, and storing of agricultural products preparatory to sale and/or shipment in their natural form when the products are produced on the premises, including all uses customarily incidental thereto, but not including a slaughter house, fertilizer works, commercial packing or processing plant for the reduction of animal matter or any other use which is similarly objectionable because of odor, smoke, dust, fumes, vibration or danger to life or property. This use is further categorized by size, as follows:
Agricultural Processing, Large. A processing facility exceeding 5,000 square feet.
Agricultural Processing, Small. A processing facility 5,000 square feet or less.
Agriculture Service Establishment. An agriculturally oriented establishment which provides support service to agricultural operations including the following: agricultural laboratory services, farm machinery and equipment repair (excluding trucks and other motor vehicles), irrigation equipment sales and repair, equestrian supplies, large animal veterinary practices, farm management offices, and similar support services as determined by the Director.
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4 Agricultural use. The tilling of soil, the raising of crops, horticulture, viticulture, aviculture, apiculture, livestock grazing, the raising of small animals and poultry, domestic livestock farming, dairying, and animal husbandry.
Airport. A complex of runways and buildings regulated by the Federal Aviation Administration for the takeoff, landing, and maintenance of civil aircraft, with facilities for passengers.
Aisle. The traveled way by which cars enter and depart parking spaces.
Alcohol Beverage Sales. Any retail activity which includes the sale or dispensing of alcoholic beverages for either on-site or off-site consumption. Alcoholic beverage sales shall include those beverages requiring licensing for sale or dispensing by the California State Department of Alcoholic Beverage Control.
Alley. A public or private thoroughfare which affords a secondary. of access to abutting property and not intended for general traffic circulation.
Alteration. See “Structural Alteration”.
Altered. See “Structural Alteration”.
Ambulance Service. A commercial facility where ambulances are stored, and from which ambulances and emergency personnel are dispatched to emergencies.
Ambulatory Person. A person who is able to walk about assisted; a patient who is not bedridden.
Amendment. A change in the working, context, or substance of this title, as addition or deletion, or a change in zone boundaries or classifications upon the Zoning Map which imposes any regulation not theretofore imposed or removes or modifies any regulation theretofore imposed.
Animal Hospital. See “Veterinary Clinic”.
Annexation. The incorporation of land into the city with a resulting change in the boundaries of the City.
Antenna. A device used in communication which transmits or receives radio signals. Common forms of antennas are panel arrays and whip antennas. Panel arrays are designed to concentrate a radio signal in a particular area and are typically flat and rectangular in design. Whip antennas transmit a signal three hundred sixty degrees and are cylindrical with an eighteen-foot height limit.
Antenna, Dish. A dish-like antenna used to link communication sites together by wireless transmission of voices or data. Also called microwave antenna or microwave dish antenna.
Antenna, Satellite. A dish-like antenna used to link communications sites together by wireless transmission of voice or data. Also called microwave antenna or microwave dish antenna.
Antenna, Telecommunication Facility. A land use facility supporting antennas and microwave dishes that sends and/or receives radio-frequency signals. Communication facilities include structures (e.g., monopoles, towers) and accessory structures.
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5 Antenna, Telecommunication Tower. A mast, pole, monopole or guyed or lattice, freestanding tower designed and primarily used to support antennas, to include dishes, arrays, or similar devices.
Antique. Items of furniture or furnishings, utensils, equipment, objects of art, objects having aesthetic value, ornamental objects, curios and like objects of personal value, all of which by reason of age, antiquity, obsolescence, or rarity, are valued items, as proposed to the utility value or purpose for which originally manufactured or produced. An antique shall have an age of at least 40 years.
Apartment. A room or suite of two or more rooms with a single kitchen in a multi-family dwelling, occupied or suitable for occupancy as a residence for one family.
Applicant. A person submitting an application for an entitlement or permit in compliance with this Title.
Arterial Street. A major street which provides for through traffic movement on a continuous route joining major traffic generators, other arterials, expressways, and freeways.
Assessor. The county assessor of the county of Fresno.
Assisted Living Facility. See “Community Care Facility”.
Association. A nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.
Athletic Club. Membership facility that provides indoor and outdoor recreation (i.e., outdoor pools, tennis courts), exercise classes and courses, and health and lifestyle training for members who belong to the organization.
Attached. Two structures which are structurally integrated with each other by supporting members.
Auction Establishment. Indoor or outdoor facilities devoted to the sale of property (i.e., merchandise, vehicles, etc.) to bidders under the supervision of an agent or entity.
Auto Mall. A group of 10 or more commercial land uses engaged in the sale and service of motor vehicles, planned and developed in a joint manner covering an area of 90 acres or more.
Automated Vending and Dispensing Machine. Computerized, self-service machines, and self-contained appliance, machine, or mechanical device located outside or in a non-enclosed space used to dispense a retail product or service. Examples of automated vending and dispensing machines include but are not limited to canned or bottled beverage dispensers, ice machines, filtered water dispensers, and/or ice machines, occupying an aggregate area of no more than 50 square feet.
Automobile Repairs, Major. See “Vehicle Repair and Service”.
Automobile Repairs, Minor. See “Vehicle Repair and Service”.
Automobile Sales. See “Vehicle Sales, New and Used”.
Automobile Service Station. See “Fueling Station”.
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6 Automobile Wrecking Yard. See “Industrial, Major”.
17.120.020 “B” Definitions
Bakery, Retail. See “Retail Sales, General”.
Bank and Financial Institution. Commercial establishment, including a federally chartered bank, savings and loan association, industrial loan company, or credit unions, that provides retail banking services to individuals and businesses. Excludes payday lending and/or check cashing businesses.
Banquet Hall. See “Place of Assembly”.
Bar. A commercial establishment or part of an establishment devoted to the sale and on-site consumption of alcoholic beverages. This establishment may be a singular use, or in combination with other allowable uses (e.g., a restaurant).
Barbed Wire. Wire for fences or barriers having sharp barbs or points of metal twisted into smooth wire at regular intervals.
Basement. A story partly or wholly underground. A basement shall be counted as a story for purpose of height measurement where more than one-half of its height is above the average level of the adjoining ground.
Beauty College. See “School, Technical and Vocational”.
Bed and Breakfast Establishment. A commercial use within a residential dwelling, where six or fewer rooms or suites located in the principal dwelling providing overnight sleeping and breakfast accommodations available to the public for hire on an overnight or limited term basis with a 30-day maximum stay. The use may also include a continental breakfast if limited to guests.
Beekeeping. The keeping and maintenance of a collection of hives or colonies of bees. Also known as “apiary.”
Bicycle Rack. A fixed or immovable device or series of devices which permit nonmotorized bicycles to be stood upright and secured from theft.
Bicycle Shop. See “Retail Sales, General”.
Billboard. See “Advertising Structure”.
Blacksmith. See “Industrial, Minor”.
Block. All property fronting on one side of a street between intersecting and intercepting streets, or between a street and a right-of-way, waterway, dead-end street, end of a cul-de-sac, or unsubdivided land.
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7 intercepts. Where the city-county boundary intersects or intercepts a street in a block, the block shall be considered to end at the city-county boundary.
Block Frontage. See “Block”.
Boarding House. A dwelling other than a hotel, motel, emergency shelter, group housing facility, rest home, or bed and breakfast inn, where lodging is provided with or without meals for three or more persons for compensation, but not more than 15 people.
Body Art. Body art includes the adornment of a physical body by means of tattooing, body piercing, or permanent cosmetics.
Bookstore. See “Retail Sales, General”.
Bookstore, Adult. See Chapter 9.20, Adult Oriented Business, Section 9.20.040.
Botanica. An establishment that sells herbal and other traditional remedies, together with charms, incense, candles, or other items used as alternative medicine, for religious or spiritual purposes. Establishment may also include palm and card readings and other forms of religious or spiritual services to include those described as restricted personal care.
Breezeway. A roofed passageway, open on at least two sides, connecting the main structure on a site with another main structure or accessory use on the same site.
Brewery, Distillery, Microbrewery, and Winery.
Brewery. Establishments where malt beverages are manufactured on the premises.
Distillery. Establishments where distilled spirits are manufactured on the premises.
Winery. A bonded establishment primarily used for the purpose of processing grapes or other fruit products. Processing includes, but is not limited to, crushing, fermenting, blending, aging, storage, bottling, and wholesale/retail sales of wine produced and bottled on the premises. Accessory uses include tasting rooms and incidental retail sales of wine related products, including but not limited to glasses, bottle openers, advertisements, and previously prepared packaged foods.
Broadcasting and Film Recording Studio. Commercial and public communication establishment that broadcasts or records radio, motion picture, film, television, and other digital productions entirely within a structure. Does not include transmission and receiving apparatus (i.e., antennas and towers), which are included under the definition of "Wireless Telecommunications Facilities." Buildable Area. Area of a parcel left for structures when all the development standards and setback requirements have been met.
Building. Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature, but 394
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8 shall not include temporary buildings as defined in Structure, Temporary. Mobile homes, travel trailers and other vehicles, even though permanently immobilized, shall not be deemed to be buildings. Temporary structures (e.g., tents) are not buildings, but houses, garages, factories, barns, etc., are.
Building, Accessory. See “Accessory Structure”.
Building, Main. A building or buildings within which is conducted the principal use of the parcel on which it is situated.
Building, Temporary. See “Structure, Temporary”.
Building Coverage. The relationship between the ground floor area of the building or buildings and the net area of the site. Swimming pools or any portion of a structure which is open on at least one side and is an extension of the exterior open space, shall not constitute a building for the purpose of this definition.
Building Height. The vertical distance of a building measured from the average elevation of the finished grade within 20 feet of the structure to the highest point of the roof, exclusive of chimneys and ventilators.
Building Setback Line. A development standard which establishes buildable and non-buildable areas. The building setback line will often be a specific distance from a natural feature (i.e., a creek or stream), property line or a right-of-way line on a parcel map, subdivision map, or follow a contour line on a topographic map. This line is used to separate conflicting uses, provide a buffer, or protect a resource.
Building Site. The ground area of a building together with all the open space required by this title. A building site may encompass more than one parcel.
Building Material Sales and Storage. Indoor and/or outdoor retail establishment selling hardware, tools, appliances, lumber and other building materials, plants, and other landscaping materials. May also include the rental of tools and equipment used in the building trades.
Bungalow Court. See “Multi-Unit Dwelling”.
Business. See “Commerce”.
Business, Retail. See “Retail Sales, General”.
Business, Wholesale. See “Warehousing and Distribution Facility”.
17.120.030 “C” Definitions
California Environmental Quality Act (CEQA). A State law which requires local and agencies to determine the potential environmental impacts of a proposed project.
Camper. A structure designed and constructed to be mounted on a vehicle with motive power to travel on the public thoroughfare, and to be used for temporary human habitation. 395
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9 Campground. A commercial establishment providing spaces and facilities for the temporary placement of tents, travel trailers, motor homes, and other recreational vehicles for recreational use and overnight lodging. May also include an on-site accessory retail establishment that directly serves the needs of guests.
Car Wash. A facility having the following definitions:
Drive-through. A facility that provides for washing of vehicles through a low noise fully automated car wash facility without vacuum cleaners unless located within a completely enclosed noise attenuated room, and where the customer drives the vehicle into the facility and remains in the car during the wash process. A drive-through car wash shall only be allowed in conjunction with and subordinated to a fueling station. It shall not be allowed as a sole or primary use of property in any zone.
Mechanical. A facility that provides for the washing of vehicles through the use of mechanical equipment (e.g., conveyor chains, blowers, steam guns, roller brushes, and high-pressure vacuum units). The customer exits the vehicle and waits for the attendant to complete the washing, cleaning, and driving of the vehicle.
This car wash has a waiting area for the customer and a designated finishing and/or detailing area to complete the car care service.
Self-service. A facility that provides vehicle washing to be done by the customer. There are no employees other than service people who check and maintain the equipment, open, and close the facility, and provide general supervision of the use of the facility. Equipment shall be limited to a water softener, water heater, soap mixing tank, low pressure vacuum units, and a one horsepower electric motor and pump for each stall or similar equipment which shall produce only a low volume of sound.
Card Room. A commercial establishment where legal gambling and/or gaming is conducted.
Caretaker’s Residence. A residence that is accessory to a nonresidential primary use and that is used for security, 24-hour care or supervision, or monitoring facilities, equipment, or other conditions on the site.
Carport. A permanent roofed structure, or a portion of a building, enclosed on not more than three sides primarily for the parking of vehicles belonging to the occupants of the property.
Cemetery. A facility dedicated to the burial of the dead, including crematoriums, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of the premises.
Certificate of Occupancy. A document issued by the Building Director allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with all the applicable municipal codes and ordinances.
Change of Use. Any use which substantially differs from the previous use of a building or land. The Director shall determine whether a change is substantial or not. Change of ownership shall not be considered a change of use.
Chapel. See “Place of Assembly”.
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10 Childcare Center. See “Day Care Center”.
Childcare Facilities. See “Day Care Center”.
Childcare Provider. A person who operates a day care center, large family day care home or small family day care home and who is licensed for operations by the State Department of Social Services.
Child Day Care Home. A single-unit dwelling used by the occupant to provide day care and supervision for up to 14 children in compliance with Health and Safety Code Section 1597.465. Children under the age of 10 years who reside in the home count as a part of the 14-child maximum.
Church. See “Place of Assembly”.
City. The city of Kerman.
City Manager. The City Manager of the City of Kerman or the designee or designees of the City Manager.
Clear Vision Triangle. See “Sight Distance Triangle”.
Clinic. See “Office, Medical”.
Clothes Cleaning and Dyeing Plant. See “Industrial, Minor”.
Club. An association of persons (whether or not incorporated) for a common purpose, but not including groups organized solely or primarily to render service carried on as a business for profit.
Cocktail Lounge. See “Bar”.
Coin-Operated Cleaning Service. Any premises with coin-operated dry cleaning machines with a capacity not to exceed eight pounds, using nonvolatile materials provide a retail service similar to that provided at a self-service Launderette.
College, Trade. See “School, Technical and Vocational”.
Columbarium. A structure of vaults lined with recesses for cinerary urns.
Commerce. The purchase, sale or other transaction involving the handling or disposition (other than that included in term Industry) of any article, substance or commodity for profit or a livelihood, including in addition, operation of automobile or trailer courts, tourists courts and motels, public garages, office buildings, offices of doctors and other professionals, outdoor advertising signs and structures, public stables, recreational and amusement enterprises conducted for profit, shops for the sale of personal services, places where commodities or services are sold or are offered for sale, either by direct handling of merchandise or by agreements to furnish them, but not including dumps and junkyards.
Commercial Office. See “Office”.
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11 Commercial Recreation and Entertainment Facility.
• Commercial Recreation and Entertainment Facility, Indoor. Indoor establishment where entertainment (participant or spectator) is provided for a fee (admission or membership) for the pleasure of the patrons, either independent of or in conjunction with another use. Does not include adult entertainment businesses or bars. Illustrative examples of commercial recreation and entertainment use include:
• Arcade • Indoor cinema and amphitheater
• Axe throwing or indoor archery • Indoor ice/roller skating rink • Bowling alley • Pool and billiard room
• Commercial Recreation and Entertainment Facility, Outdoor. Outdoor establishments where entertainment (participant or spectator) is provided for a fee (admission or membership) for the pleasure of the patrons, either independent of or in conjunction with another use. Does not include adult entertainment businesses or bars. Illustrative examples of commercial recreation and entertainment use include:
• Amusement Park • Outdoor ice/roller skating rinks
• Golf course and driving range • Paint ball course
• Miniature golf course • Sports stadium and arena
• Outdoor cinema and
amphitheater
• Tennis/racquetball court
Commission. The Planning Commission of the city of Kerman.
Communication Equipment Buildings. See “Utility Facility and Infrastructure”.
Community Care Facility. Any facility, place or building which is maintained and operated to provide nonmedical residential care, emergency shelters, adult day care, or home-finding agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, or incompetent persons. "Community care facility" shall include residential facility, residential care facility for the elderly, adult day care facility, home finding agency, and social rehabilitation facility, as defined in Section 1502 of the Health and Safety Code, and includes the following:
A. Adult Residential Facility. Provides twenty-four-hour-a-day nonmedical care and supervision to adults who are mentally disordered or otherwise handicapped except elderly persons, who are in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.
B. Residential Care Facility for the Elderly. A group housing arrangement chosen voluntarily by residents who are at least sixty-two years of age and who are provided varying levels of supportive services of care, as agreed upon at the time of admission, based upon their varying needs. 398
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12 C. Rehabilitation Facility. Provides twenty-four-hour-a-day nonmedical care and supervision in a group setting to adults and/or emancipated minors recovering from alcohol and/or drug misuse, who are currently or potentially capable of meeting their life support needs independently; but who temporarily need assistance, guidance, and counseling.
D. Foster Family Home. Any residential facility providing twenty-four-hour care for six or fewer foster children which is owned, leased or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed. Such placement may be by a public or private child placement agency or by a court order, or by voluntary placement by a parent, parents or guardian.
Adult Day Care Facility. Facility that provides care to persons 18 years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis.
Child Therapeutic Day Services Facility. Facility that provides care, counseling, educational or vocational support, or social rehabilitation services on less than a 24-hour basis to persons under 18 years of age who would otherwise be placed in foster care or who are returning to families from foster care.
Community Composting. Any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost onsite at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).
Community Treatment Facility. Facility that provides care and mental health treatment services to children in a group setting. Program components shall be subject to program standards developed by the State Department of Mental Health.
Foster Home. Facility that provides 24-hour care for foster children which is owned, leased, or rented and is the residence of the foster parent(s), including their family, in whose care the foster children have been placed.
Residential Care Facility. Group care facility for 24-hour care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. Includes residential care facilities for the elderly assisted living establishments, and memory care for both short- and long-term care.
Social Rehabilitation Facility. Residential facility which provides social rehabilitation services for no longer than 18 months in a group setting to adults recovering from mental illness who temporarily need assistance, guidance, or counseling.
Community Plan. A refinement of the General Plan for a component geographic area of the General Plan.
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13 shall contain goals, policies, maps, and standards that implement the recommendations of the General Plan. A community plan shall contain those plan elements which are essential to the implementation of the General Plan and may contain additional components, including specific plans, which are necessary to the development of the goals, policies, and standards for the community plan area. A community plan shall be adopted, amended, or repealed by resolution of the Council upon the recommendation of the commission.
Community Sewer System. See “Public Sewer System”.
Concertina Wire. Any barbed physical barrier or obstacle that is manufactured from steel strip or tape and converted from a helical pattern by attaching alternate adjacent loops at multiple points around the circumference, so that when the coil is extended, instead of a simple helix, a series of diamond shape openings are present.
Condominium. See “Multi-Unit Dwellings”.
Conflict of Interest. A situation when the personal interest of a public official places them in a position where he or she cannot execute their public duties without affecting their private interests, thus denying the public the fair, impartial, and objective judgment to which it is entitled.
Conservatory. A school specializing in one of the fine arts.
Contiguous. See “Abut”.
Contractor Storage Yard. A facility which provides storage for a contractor licensed by the State for large equipment, vehicles, or other materials commonly used in the individual contractor’s type of business; storage of scrap materials used for repair and maintenance of contractor’s own equipment; and buildings or structures for uses, including but not limited to, offices and repair facilities. Excludes junk yard.
Convalescent Home. See “Community Care Facility”.
Convenience Store. See “Retail Sales, General”.
Conversion. A change in the use of land, structure, or activity.
Conviction. A finding of guilty by a jury or court, or a plea of guilty or nolo contendere.
Cottage Food Operation. As defined in California Health and Safety Code Section 113758(a).
Corner Cut-Off. See “Sight Distance Triangle”.
Council. The City Council of the city of Kerman.
Country Club. Any occupancy by an association of persons (whether or not incorporated) with a permanently located building primarily for social activities and a combination of recreational facilities (e.g., a golf course, or swimming pool, or tennis court), and commercial or noncommercial incidental or accessory uses.
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14 County. The county of Fresno.
County Recorder. The county recorder of the county of Fresno.
Court. An open, unoccupied space, other than a yard, on the same parcel with a building or buildings and bounded on two or more sides by buildings.
Court, Enclosed. A court surrounded on all sides by exterior walls of a building and parcel lines on which fences, hedges and walls are allowed.
Court, Inner. A court enclosed on all sides by the exterior walls of a building or buildings.
Coverage. See “Parcel coverage”.
Cul-De-Sac. See “Parcel, Cul-de-Sac”.
Curb Level. The level of the established curb at the center or the front of the building. Where no curb level has been established, the city engineer shall establish a curb level or its equivalent for the purpose of this title.
17.120.040 “D” Definitions
Day Care Center. Commercial facility that provides nonmedical care and supervision of minor children for periods of less than 24 hours; including the following subtypes, all of which are required to be licensed by the State Department of Social Services:
Day Care Center, Accessory Use. A day care facility that is operated in conjunction with a business, school, housing development, or religious facility. Includes infant centers, preschools, and extended child day care facility.
Day Care Center, Primary Use. A standalone day care facility not operated as a child day care home or accessory day care center. Includes infant centers, preschools, and extended child day care facility.
Day Care, Large. See “Child Day Care Home”.
Day Care, Small. See “Child Day Care Home”.
Day Spa and Salon. See “Personal Service, General” and “Personal Service, Restricted”.
Dedication. A gift or donation of property by the owner to another party.
Density. The maximum number of dwelling units allowed per a specified area of land.
Density Bonus. A density increase over the otherwise maximum allowable gross residential density as of the date of application by the applicant to the city, county, or city and county, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density. 401
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15 Developer. The legal or beneficial owner or owners of a parcel or of any land included in a proposed development including the holder of an option or contract to purchase, or other persons having enforceable proprietary interests in the land.
Development. Any change to unimproved or improved real property including, but not limited to, the placement, construction, reconstruction, conversion, structural alteration or enlargement of any structure; any mining, excavation, landfill or land disturbance. Agriculture is not defined as development within this title.
Development Plan. (A) a site plan depicting building locations, internal circulation including pedestrian and bicycle pathways, parking, required public dedications and improvements, signs and advertising structures, and all proposed public amenities outside of buildings; (B) elevations of all sides of all proposed buildings including materials and colors to be used on all facades; (C) floor plans for every building stating all proposed uses and their square footages; and (D) a landscape plan depicting species, size at time of planting, and location of all plants and trees.
Development Standard. Those development requirements of each zone or overlays which apply to allowable uses by setting forth minimum requirements or specifications for parcel dimensions, setbacks, and height limits; amount of land covered by buildings and structures; animal densities; parking and signs.
A development standard can only be modified by a variance or zoning ordinance amendment.
Director. The director of planning and development services of the city of Kerman.
District. See “Zone.”
Division. Refers to the operating divisions within the Department e.g. Planning, Building, and Engineering Division.
Dormitory. A building intended or used principally for sleeping accommodations, where the building is related to an educational or public institution, including places of assembly, fraternities, and sororities.
Drainage Channel. See “Drainageway”.
Drainageway. Any natural or artificial watercourse, trench, ditch, swale, or similar depression into which surface water flows.
Department Store. See “Retail Sales, General”.
Detached. Not sharing a common wall or roof.
Drive-Through Sales and Service. Facilities where products and services are purchased by or distributed to patrons without leaving their vehicles. These facilities include, but are not limited to, pharmacies, ATMS, banks, photo stores, and other retail or service commercial uses.
Driveway. Any vehicular access to an off-street parking or loading facility. 402
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16 Drug Store. See “Retail Sales, General”.
Drug Store, Super. See “Retail Sales, General”.
Dump. A place used for the disposal, abandonment or discarding by burial, incineration, or by any other means, of any garbage, sewage, trash, refuse, rubble, waste material, offal, or dead animals. Dumps shall not involve any industrial or commercial process.
Duplex. See “Two-Unit Dwelling”.
Dwelling. See “Multi-Unit Dwelling” and/or “Single-Unit Dwelling”.
Dwelling Group. See “Multi-Unit Dwelling” and/or “Single-Unit Dwelling”.
17.120.050 “E” Definitions
Easement. A grant of one or more property rights by the property owner to and/or for the use by the public, a corporation, or another person or entity.
Eave. The projecting lower edges of a roof overhanging the wall of a building.
Educational Institution. See “School”.
Egress. A point of vehicle exit from a parking area, parcel, garage or driveway.
Electrical Distribution and Transmission Substation. See “Utility Facility and Infrastructure”.
Electric Vehicle Charging Station or Charging Station. An electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this Chapter and delivers electricity from a source outside an electric vehicle into a plugin electric vehicle.
Electronic Submittal. The submittal of the application utilizing electronic mail, the internet, or facsimile.
Emergency Shelter. Temporary housing, including interim intervention facilities, with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person, where no individual or household may be denied emergency shelter because of an inability to pay as defined and used in Section 508019 of the California Health and Safety Code.
Eminent Domain. The right of a government unit to take private property for public use with appropriate compensation to the owner.
Employee Housing. Housing for six or fewer employees in a single unit dwelling in zones where single unit dwellings are allowed. Employee housing shall not be included within the definition of a boarding house, rooming house, hotel, dormitory, or other similar term that implies the employee housing differs in any way from a dwelling and shall not constitute a change in occupancy for purposes of local building codes. 403
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17 Additionally, employee housing shall not be subject to any fees to which other dwellings of the same type in the same zone are not likewise subject.
Essential Service. The erection, construction, alteration, or maintenance by public utilities or municipal departments or commissions of underground, surface, or overhead electrical, gas, steam, water transmission or distribution systems, collection, communication, supplying, or disposal systems including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith, but not including buildings reasonably necessary for the furnishing of adequate service by public utilities or municipal governments or commissions, or for the public health or safety or general welfare.
Equipment Sales and Rental Facility. Service establishment with or without outdoor storage/rental yards, which offer a wide variety of equipment types, including construction equipment.
Event Venue. A building used for the hosting of weddings, conferences, galas, and other similar celebratory events. An event venue may include outdoor use of an area including decks or patios. Such use may include an area for catering preparation and storage but may not contain a commercial kitchen for cooking.
Expressway. See “Freeway”.
17.120.060 “F” Definitions
Fabrication. The manufacturing from standardized parts of a distinct object differing from the individual components.
Factory. A building in which semi-finished or finished materials are converted to a different form or state or where goods are manufactured, assembled, treated, or processed.
Factory Built Housing. See “Mobile/Manufactured Home”.
Family. Family. one or more persons occupying a premises and living as a single housekeeping unit as distinguished from a group occupying a hotel, club, fraternity, or sorority house. The family shall be deemed to include necessary servants.
Family Care Home. See “Community Care Facility”.
Farm Labor Quarters. See “Employee Housing”.
Farmers Market. A temporary commercial use at which small commodities and food items are sold by persons who typically grow, harvest, or process products offered for sale directly on their farm or agricultural operation.
Farmworker Housing. See “Employee Housing”.
Federal. The government of the United States of America. 404
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18 Feed Lot. A parcel, or portion of a parcel, used for the enclosing and fattening of livestock for market, and not operated in connection with a bona fide farm.
Feed Yard. See “Feed Lot”.
Fence. See “Wall”.
Filling Station. See “Fueling Station”.
Firearm. A weapon, especially a pistol or rifle, capable of firing a projectile and using an explosive charge as a propellant.
Fishery. Any premises upon which breeding, hatching, or fish rearing facilities are situated when the premises are required to have a license by the State Fish and Game Code, including ponds for commercial use.
Floodplain. The relatively flat area adjoining the channel of a natural stream or river which has been or may be covered by floodwater.
Floodplain, Primary. The area within the designated floodway.
Floodplain, Secondary. The area of the floodplain outside of the primary flood-plain, that on the average is likely to be flooded once every 100 years (i.e., that has a one percent chance of flood occurrence in any one year).
Floodway, Designated. A stream, channel and portions of the adjacent floodplain as reasonably required to efficiently carry the flood of the stream; and on which properties special regulations are necessary for minimum protection of the public health, safety, and of property and improvements from hazards and damage resulting from floodwaters.
Floor Area, Gross. A development standard defined as the total area of all floors of a building as measured to the surfaces of exterior walls and including corridors, stairways, elevator shafts, attached garages, porches, balconies, basements, and offices.
Floor Area, Net. A development standard defined as the gross floor area excluding vents, shafts, stairs, corridors, attics, equipment rooms, garages, and unenclosed porches and balconies.
Floor Area Ratio (FAR). The ratio of gross building floor area to total parcel area. Example: two square feet of gross floor area for each three square feet of total parcel area would result in a floor area ratio of 2:3.
Foot-Candle. A measurement unit used in determining lighting levels.
Food Commissary. An establishment where food is stored, prepared, portioned, and/or packaged, where the food is intended for consumption at another establishment or place.
Foster Family Home. See “Community Care Facility”.
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19 Fowl. A bird of any kind, cock, hen of the domestic or domesticated or wild gallinaceous bird (turkey, pheasant, and grouse).
Freeway. A divided arterial highway for through traffic with full or partial control access and generally with grade separations at intersections. For the purposes of this title, the word freeway shall include expressway.
Frontage Street. Roads which parallel freeways, expressways, or important highways, providing for access to abutting property or for circulation, and being separated from the highway by a dividing strip.
Front wall. The wall of a building or structure nearest the street which the building fronts, but excluding certain architectural features, as cornices, canopies, eaves or embellishments.
Fueling Station. A commercial facility that sells gasoline, diesel, or alternative fuel for the on-site fueling of individual motor vehicles. May include incidental “minor” maintenance and repair (i.e., battery charging and tire changing and repair) of automobiles and light duty trucks, vans, or similar size motor vehicles. May also include a convenience store operated by the service station owner.
Funeral Home. See “Mortuary”.
Furrier. The retail sales of fur garments and the provision of related services. The use may include the retail sales of related merchandise, including but not limited to garments and accessories comprised of materials other than fur; provided, that the display of the related merchandise shall not exceed twenty-five percent of the sales floor area. Related services provided by furriers are designed to provide support to the customers of the retail sales and may include, but are not limited to, custom alterations, repairs, cleaning and storing of fur garments.
17.120.070 “G” Definitions
Game Rooms/Amusement Arcades. See “Commercial Recreation and Entertainment Facility, Indoor”.
Garage, Private. A detached accessory building or a portion of a main building on the same parcel for the parking or temporary storage of vehicles of the occupants of the premises.
Garage, Public. Any garage other than a private garage.
Garage, Repair. See “Vehicle Repair and Service”.
Garage, Residential. An accessible and usable covered and completely enclosed space of not less than 10 by 20 feet per vehicle for storage of automobiles.
Garage, Storage. Any premises, used exclusively for the storage of vehicles.
Garage Sale. Any sale, conducted on premises within a residential zone upon which is located a dwelling, by any occupant of the dwelling, of any personal property which is owned and has been used by the occupant. May not last more than three consecutive days and may not exceed a total of six days per 406
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20 calendar year. The term garage sale does not include a sale of one or two items of personal property which is not part of a general sale of items of personal property.
General Plan. An integrated, internally consistent, comprehensive, and long-range set of goals and policies for the general physical development of the city and any land outside the city’s boundaries which bears relation to the city’s planning. The General Plan shall include maps that recommend the general locations and types of land uses that are consistent with the goals and policies of the plan. The General Plan and its recommendations shall address physical, social, economic, environmental, design, and public service delivery system issues that have a bearing on the growth and change of the city. The General Plan shall contain the mandatory elements prescribed by the State Planning and Zoning Law (Title 7, Division 1, commencing with Section 6500, of the California Government Code), which may be combined when appropriate. The General Plan may also include other elements or address any other subject which, in the judgment of the Council, is needed for appropriate physical development of the city. The General Plan shall be adopted or amended by resolution of the Council.
Glare. A harsh dazzling light.
Golf Course. See “Commercial Recreation and Entertainment Facility, Outdoor”.
Government Agency. Any department, commission, independent agency or instrumentality of the United States, the state of California, the county of Fresno, the City, or any special district, authority, or other governmental agency which may have jurisdiction or provide services to the city of Kerman.
Grade. The gradient, the rate of incline or decline expressed as a percent. E.g., a rise of twenty-five feet in a horizontal distance of one hundred feet would be expressed as a grade of twenty-five percent. (See also “Slope”)
Green Building. The practice of increasing the efficiency with which buildings use resources — energy, water, and materials — while reducing building impacts on human health and the environment during the building’s life cycle, through better siting, design, construction, operation, maintenance, and removal.
Green buildings are designed to reduce the overall impact of the built environment on human health and the natural environment.
Greenhouse. See “Accessory Use and Structure”.
Gross Area. The total horizontal area within the parcel lines of a parcel of land before public streets, or other areas to be dedicated or reserved for public use are deducted from the parcel.
Group Home. A facility which provides 24-hour care and supervision to children, provides services specified in this chapter to a specific client group, and maintains a structured environment, with such services provided at least in part by staff employed by the licensee. The care and supervision provided by a group home shall be nonmedical except as permitted by Welfare and Institutions Code Section 17736(b). Since 407
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21 small family and foster family homes, by definition, care for six or fewer children only, any facility providing 24-hour care for seven or more children must be licensed as a group home.
Guest. Any transient person who occupies a room for sleeping purposes.
Guest House. A detached living quarters of a permanent type of construction without kitchen or cooking facilities of any kind, intended and used primarily for temporary guests of the occupants of the main building on the parcel on which the guest house is located, and not rented or otherwise used as a separate dwelling. Guest houses shall not have a net floor area greater than 640 square feet.
Guest Room. A room which is designed to be occupied by one or more guests for sleeping purposes, not including dormitories.
Group Housing Facility. See “Group Home.”
Gunsmith. See “Retail Sales, Restricted”.
17.120.080 “H” Definitions
High-Rise Buildings. a building or structure which exceeds seventy-five feet in height above the lowest level of Fire Department vehicle access.
Height, Maximum. See “Maximum Height”.
Heliport. Any area of land, water or a structure which is used or intended for use for the landing and taking off of helicopters.
Home for the Aged. See “Rest Home”.
Home Improvement Center. See “Retail Sales, General”.
Home Occupation. An accessory use of a dwelling unit conducted entirely within the dwelling unit, and carried on by one or more persons, all of whom reside within the dwelling unit. The use is clearly incidental and secondary to the use of the dwelling and does not change the dwelling unit’s character or adversely affect the uses allowed in the residential zone of which it is part.
Homeowners Association (HOA). A community association which is organized in a development, in which individual owners share common interests in open space or facilities.
Hospital. Facility providing medical, physical, psychiatric, or surgical services on a 24-hour basis for sick or injured persons primarily on an in-patient basis and including ancillary facilities for out-patient and emergency treatment, diagnostic services, training, research, administration, and ancillary services to patients, employees, or visitors (i.e., cafeteria, gift/flower shop, waiting rooms, etc.).
Hotel/Motel. Facility with guest rooms or suites, provided with or without kitchen facilities, rented to the public for transient lodging for up to one month, excluding hourly lodging. A hotel typically provides access 408
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22 to most guest rooms from an interior walkway, and typically include a variety of services in addition to lodging, including meeting facilities, personal services, meeting/banquet rooms, and restaurants. A motel typically provides access to guest rooms from an exterior walkway and may include accessory guest facilities (e.g., accessory retail uses, indoor athletic facilities, and swimming pools). Does not include group housing facilities, emergency shelters, community care facilities, or rooming or boarding facilities.
Household Pet. Animals, birds, or fowl ordinarily allowed in a dwelling and kept only for the pleasure and enjoyment of the occupants, not being kept or raised for meat, eggs, milk, hides, fur, fiber, or feathers.
Household pets shall not include horses, cows, goats, sheep, nor other equine, bovine, ovine or ruminant animals; predatory wild animals; chickens, roosters, ducks, geese, turkeys, game birds or fowl which normally constitute an agricultural use; nor pigs, except for potbellied pigs. The keeping of household pets or other animals is lawful only in those zones where the use is listed as an allowed use. Not more than four household pets are allowed per dwelling unit.
17.120.090 “I” Definitions
Incidental. Secondary, accessory and subordinate to another use, structure or activity.
Industrial. Establishment engaged in the manufacturing of finished parts or products either from raw materials or previously prepared materials, within an enclosed structure. Includes processing, fabrication, assembly, treatment, testing (e.g., laboratories), packaging, storage/warehousing, incidental office space, sales, and distribution of the parts or products. Excludes vehicle/equipment rentals, vehicle repair and service, vehicle sales.
Industrial, Major. The manufacturing, processing, storing, and/or testing of goods using large quantities of raw materials, and generally requiring high capitalization and production of large quantities of output.
Major industrial uses often sell products to other businesses rather than consumers. Characteristics of major industrial uses include, but are not limited to, heavy trucking activity, noise, emissions requiring Federal or State environmental permits, use of large quantities of raw materials. Examples of major industrial uses include chemical manufacturing, automotive dismantling, sheet metal fabrication, glass product manufacturing, paving and roofing materials manufacturing, plastics, other synthetics and rubber product manufacturing, primary metals industries, pulp and pulp paper product manufacturing, textile and leather product manufacturing, metal processing, and assembly and manufacturing of vehicle and/or vessels.
Industrial, Minor. The manufacturing, processing, storing, and/or testing of consumer-oriented goods in a manner that does not produce noticeable odors, air emissions, noise, or other environmental effects, and that has limited associated trucking activity. Minor industries generally require limited amounts of raw materials to produce goods. Examples of minor industrial uses include artisan/craft product manufacturing, bottling plant, clothing and fabric product manufacturing, electronics, equipment and 409
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23 appliance manufacturing, handcraft industries, small-scale manufacturing, clothes cleaning and dyeing plant, paper product manufacturing, machine shop, cabinet shop, and assembly of small electronics and medical equipment.
Industrial Park. See “Planned Industrial Park”.
Industry. The manufacture, fabrication, processing, reduction and/or destruction of any article, substance or commodity, including storage elevators, truck storage yards, warehouses, wholesale storage and other similar types of enterprise.
Infectious Nonclinical Laboratory. Any laboratory facility other than a Clinical Laboratory Improvement Amendments (CLIA) as defined by 42 USC § 263(a) and not subject to 42 CFR 493 CLIA regulations, engaging in the research, examination, or handling of infectious biological agents, substances, or vectors as defined by 42 CFR 71.54.
Infill. Development or redevelopment of land that has been bypassed, remained vacant, and/or is underused as a result of the continuing urban development process.
Infrastructure. Facilities and services needed to sustain industry, residential, commercial activities and all other land use activities, including water, sewer lines, and other utilities, streets and roads, communications, and public facilities (e.g., fire stations, parks, schools).
Ingress. a point of vehicle entrance to a parking area, parcel, garage or driveway.
Interior Court, Residential. Residential interior court. the open area between residential structures.
Interior Lot. See “Parcel, Interior”.
Interim Agriculture. The tilling of the soil for the raising of grains, crops, orchards, horticulture and/or viticulture. Interim agriculture shall not include small livestock farming, dairying and/or animal husbandry, nor any other uses customarily incidental thereto such as slaughter houses, fertilizer yards, or rendering plants.
Island. built-up structures, usually curbed, placed at the end of parking rows as a guide to traffic and also used for landscaping, signs, or lighting.
17.120.100 “J” Definitions
Junk. Any worn out, cast-off or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use. Any article or material which is unaltered or unchanged and, without further reconditioning, can be used for its original purpose as readily as when new, shall not be considered junk.
Junkyard. See “Scrap and Dismantling Yard”.
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24 17.120.110 “K” Definitions
Kennel. Commercial facility where dogs, cats, or other small, domesticated animals are kept, whether keeping is for profit, breeding, or exhibiting, including places where the animals are boarded, kept for sale or hire. May also include daytime boarding and activity for animals (e.g., “doggie daycare”) and ancillary grooming facility.
Kitchen. Any room in a building or dwelling unit which is used for cooking or preparation of food.
17.120.120 “L” Definitions
Labor Camp, Farm. See “Employee Housing”.
Landscape Mound. Any location on a parcel of land where dirt, soil, topsoil, or pile of earth is placed, or otherwise elevated, above grade of surrounding land for any decorative architectural purpose.
Landscaping. The planting and continued maintenance of suitable plant materials or a combination of plant materials within minimum areas of paving, gravel, otherwise dust-free. An adequate irrigation system is required.
Landscaping, Screen. Screen landscaping. the planting and continued maintenance of a compact screen of evergreen shrubbery forming a physical barrier or enclosure not less than six feet in height, composed of materials selected from the city’s list of acceptable screen landscaping plant materials. The minimum size of materials planted shall be specified on the city list. An adequate irrigation system is required.
Launderette. A business premises equipped with individual clothes washing and drying machines either coin-operated or attendant operated for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment house or an apartment hotel.
Laundromat. See “Personal Service, General”.
Loading. The removal or placement of any commodity in, on, or from a vehicle of any type.
Loading Space. An off-street space or berth on the same parcel with a main building, or contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or unloading, and which has access from a street, alley or other permanent. of ingress and egress.
Lot. See “Parcel”.
Lot Area. See “Parcel Area”.
Lot Coverage. See “Parcel Coverage”.
Lot Depth. See “Parcel Depth”.
Lot Line. See “Parcel Line”.
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25 Lot Width. See “Parcel Width”.
Low Barrier Navigation Center. Housing or shelter in which a resident who is homeless or at risk of homelessness may live temporarily while waiting to move into permanent housing.
Low Income Housing. Housing that is economically feasible for families whose income level is categorized as low within the standards promulgated by the California Department of Housing and Community Development (HCD).
17.120.130 “M” Definitions
Manufactured Home Sales and Repair. A commercial establishment that sells mainly manufactured and mobile homes and structures. May include incidental maintenance and limited on-site construction activities directly related to the sale of units.
Marquee. A roofed structure or awning or canopy attached to the building.
Massage or Body Work. The application of various techniques to the muscular structure and soft tissues of the human body as defined in Business and Professions Code Section 4601(e). Application of massage and bodywork techniques may include, but is not limited to, stroking, kneading, tapping, compression, vibration, rocking, friction, pressure, and similar techniques. Examples of massage include Swedish massage, sports massage, shiatsu, polarity therapy, rolfing, hellerwork and reflexology. "Massage" and "bodywork" have the same meaning.
Maximum Height. A development standard which limits the height of buildings and structures.
Maximum Parcel Coverage. The amount of parcel area coverage allowed for buildings and structures.
Meat Jobber. The wholesaling of meat, conducted wholly within an enclosed building, shall include portion control and the packaging of ground or chopped meat, but shall not include slaughtering, skinning, packing, smoking, or sausage manufacture.
Medical Office. Any building or portion of a building used or intended to be used as an office for the practice of any type of medicine including chiropractic, dentistry, or optometry. It shall also include clinics of a medical or dental nature.
Microbrewery. A small-scale brewery operating with a Type 23 Small Beer Manufacturer’s License as defined by the California Department of Alcohol and Beverage Control which produces 15,000 barrels or less per year on the premises.
Microenterprise Home Kitchen. A food facility that is operated by a resident in a private home where food is stored, handled, and prepared for, and may be served to consumers.
Minimum Parcel Size. A development standard which is the smallest area a parcel may be divided into. 412
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26 Mining. The removal of minerals, rock, or sand and gravel from the earth by extraction.
Mini-Warehouse. See “Storage Facility, Personal”.
Minor Deviation. See “Minor Modification”.
Minor Modification. A Variance of 20 percent or less from zone standards specified in this Title, including parcel area, parcel dimensions, setback distances, parcel coverage, height limitations, parking requirements, or other zone standard requirements.
Mixed Use Development. A parcel, or a series of adjacent parcels, developed as a unit containing more than one land use type.
Mobile Food Vendor. Licensed motorized or nonmotorized vehicles used for the preparation, sales, and/or distribution of food and beverages to the general public.
Mobile Home Park. Improved area that provides spaces and utilities for mobile and manufactured homes to be used for residential purposes. Does not include temporary lodging sites for travel trailers or other recreation vehicles (see “Camping”).
Mobile Home Space. A plot of land for placement of a single mobile home within a mobile home park.
Mobile Office Structure. A structure, including trailers, mobile homes and modular trailers, which is fabricated off-site in whole or modules, in conformance with the Uniform Building Code, that is designed to be transported to a site and which can be readily relocated to another site.
Mobile/Manufactured Home. A structure intended for human habitation manufactured or constructed under authority of 42 U.S.C. Sec 5403, Federal Manufactured Home Construction and Safety Standards, or California law (Health and Safety Code Sections 18007 and 18008). The structure is typically manufactured either in whole or in substantial part at an off-site location, transported to and assembled on-site, and placed on a permanent foundation.
Moderate Income Housing. Housing that is economically feasible for families whose income level is categorized as moderate within the standards promulgated by the California Department of Housing and Community Development.
Mortuary. Facility where deceased persons are prepared for burial or cremation, and funeral services are conducted.
Motel. See “Hotel/Motel”.
Motion Picture Theater. See “Commercial Recreation and Entertainment Facility, Indoor”.
Motion Picture Theatre, Adult. See Chapter 9.20, Adult Oriented Business, Section 9.20.040.
Motorized Home. A structure designed as an integral part of a self-propelled vehicle to be used as a temporary dwelling for travel, recreation and vacation uses. 413
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27 Multi-Family Dwelling. A residential structure containing three or more residential dwelling units, each of which is for the occupancy by one or more persons living as a single housekeeping unit, including triplexes, fourplexes, apartments, and townhouses, but not including trailer courts, mobile home parks or camps, motels, or hotels.
17.120.140 “N” Definitions
Net Parcel Area. The gross parcel area minus any ultimate street rights-of-way, areas within fifteen feet of a stream bank, areas within the designated floodway, and all easements, except open space easements, that prohibit the surface use of the parcel in question by persons other than the easement holder.
Nonconforming Building or Structure. A structure which was lawfully established and maintained before the adoption of the ordinance codified in this Title, but under this Title does not conform with the development standards, including parcel coverage, height, setback, etc., of the zone in which it is located.
Nonconforming Parcel. A parcel, the area dimensions or location of which were lawful before the adoption of the ordinance codified in this title or any amendments hereto, or previously adopted City ordinances, and which does not conform to the present regulations of the zone or overlays in which it is situated.
Nonconforming Sign. Any sign lawfully existing on the effective date of the ordinance codified in this title or an amendment thereto, which renders a sign nonconforming because it does not conform to all the standards and regulations of the adopted or amended ordinance.
Nonconforming Status, Illegal. A parcel, structure, or use that was not legally established under the provisions of any adopted policy or regulation at the time of establishment or has not remained in substantial compliance with any conditions imposed on the parcel, structure, or use at the time of establishment but does currently not comply with the provisions of this Zoning Code.
Nonconforming Status, Legal. A parcel, structure, or use that was legally established under the provisions of any adopted policy or regulation at the time of establishment and has remained in substantial compliance with any conditions imposed on the parcel, structure, or use at the time of establishment but does currently not comply with the provisions of this Zoning Code.
Nonconforming Use. A use which was lawfully established and maintained before the adoption of the ordinance codified in this title, but under this title does not conform with the development standards, including parcel coverage, height, setback, etc., of the zone in which it is located.
Notice Of Appeal. A document which indicates that an applicant for a permit or zoning amendment, or an affected party, wishes to appeal a decision of a planning officer or body of the City.
Nursery School. See “Day Care Center”.
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28 17.120.150 “O” Definitions
Off Sale Liquor. See “Alcohol Beverage Sales”.
Off-Street Parking. An approved vehicle parking area, whether covered or uncovered, which is not located on a dedicated street right-of-way.
Office. Facility or business that predominantly offers medical, professional, or business services.
Office, Accessory. Office that is incidental to and a part of another business, manufacturing, or sales activity that is the primary use.
Office, Medical. Facility primarily providing outpatient medical, mental health, minor surgical, and other similar personal health services, but which is separate from a hospital, including: medical, dental, and psychiatric offices, outpatient care facilities, acupuncture, and other allied health services.
Office, Professional. Facility and business that predominantly offers professional and/or business services including architects, attorneys, accountants, advertising, computer support, land use planners, and other similar professional services and uses.
On Sale Liquor. See “Bar”.
Open Space, Common. Areas in a development reserved for the use of the residents or guests of a development (e.g., tennis courts, swimming pools, playgrounds, community gardens, landscaped areas for common use), or other open areas of the site needed for the protection of the habitat, archaeological, scenic, or other resources.
Open Space, Private. Usable open space intended for use of occupants of one dwelling unit, normally including yards, decks, and balconies.
Open Space, Usable. One or more open areas adjacent to residential uses designed for outdoor living and recreation, and which is located at, below, or above grade.
Open Storage. The storage of supplies, materials, products, motor vehicles or other appurtenances which is open or viewable by the public. Open storage is a form of outdoor storage.
Open To The Public. A term applied to commercial uses which are available for use by persons other than employees.
Outdoor Advertising. See “Advertising Structure”.
Outdoor Dining. An area located entirely outside the walls of a contiguous structure or enclosed on one or two sides by the walls of the structure, set up with tables, chairs, and other furnishings associated with and in the immediate vicinity of a restaurant, cafe, or other allowed establishment that serves food or drinks for on-site consumption.
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29 Outdoor Sales. Either permanent or temporary outdoor display of merchandise incidental and ancillary to an adjacent indoor retail use, and certain independent outdoor retail sales facilities (e.g., auction yards, flea markets, lumber, and other material sales yards). Includes news and flower stands, and barbeque and rotisserie pits. Does not include the sale of motor vehicles, boats, and recreational vehicles ("Vehicle, Boat, and Trailer Sales, New and Used"), or the rental of vehicles ("Vehicle Rental Facility”).
Outdoor Storage. The storage of supplies, materials, products, motor vehicles or other appurtenances which is outside of an enclosed building, open or viewable by the public. Open storage is a form of outdoor storage.
Outer Highway. See “Frontage Street”.
Owner. An individual, firm, association, syndicate, partnership, or corporation having sufficient proprietary interest to seek development of a given parcel of land.
17.120.160 “P” Definitions
Parcel. Defined as fulfilling both: (A) Real property with a separate and distinct number of other designations shown on a plat recorded in the office of the county recorder. (B) Real property delineated on an approved record of survey, parcel map or subdivision map, in conformance with applicable state and local subdivision laws in effect at the time of its creation, as filed in the office of the county recorder or in the office of the Division, and abutting at least one public street or right-of-way, or easement determined by the commission to be adequate for the purpose of access.
Parcel, Corner. A parcel abutting upon two or more streets at their intersections.
Parcel, Cul-de-Sac. A parcel fronting on, or with more than one-half of its parcel width fronting on, the turnaround of a cul-de-sac street.
Parcel, Curve. A parcel fronting on the outside curve of the right-of-way of a curved street with a centerline radius of one hundred feet or less.
Parcel, Flag. A parcel so shaped and designed that the main building site area is set back from the street on which it fronts and includes an access strip to the frontage street. The access strip of each parcel shall not be considered in calculating the minimum parcel area and dimension requirements of subject parcel.
Parcel, Interior. A parcel whose front setback abuts a street.
Parcel, Reverse Corner. A corner parcel, the side line of which is substantially a continuation of the front parcel lines of the parcels to its rear, whether across an alley or not.
Parcel, Through. A parcel having frontage on two parallel streets.
Parcel Area. The total area within the parcel lines, excluding any street right-of-way. 416
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30 Parcel Coverage. The portion of a parcel that is covered by buildings and structures.
Parcel Depth. The horizontal distance between the front and rear parcel-lines measured in the mean direction of the side parcel lines.
Parcel Width. A development standard defined as the horizontal distance between the side parcel lines, measured at right angles.
Parcel Line. A line of record bounding a parcel, which divides one parcel from another parcel, from a public or private street, or any other public space.
Parcel Line, Front. On an interior parcel, the front parcel line is the property line abutting the street except in those cases where the latest tract deed restrictions specify another line as the front line. On a corner or reversed corner parcel, the front parcel line is the shorter property line abutting a street. On a through parcel or parcel with three or more sides abutting a street or a corner or reversed corner parcel with parcel lines of equal length, the Director shall determine which property line shall be the front parcel line, for purposes of compliance with setback provisions of this title.
Parcel Line, Rear. A parcel line not abutting a street which is opposite and most distant from the front parcel line. In the case of an irregular, triangular or gore shaped parcel, a line within the parcel, parallel to the and at maximum distance from the front parcel line, having a length of not less than 10 feet; a parcel which is bound on all sides by streets may have no rear parcel line.
Parcel Line, Side. Any parcel line that is not a front parcel line or rear parcel line.
Parcel Line, Side Front. Any parcel line that is not a front parcel line or a rear parcel line which abuts a street.
Parcel Line, Zone Boundaries. Where the zone boundaries are not shown to be streets or alleys and where the property has been or may hereafter be divided into blocks or parcels, the zoning boundaries shall be construed to be parcel lines; and where the indicated boundaries on the Zoning Map are approximate parcel lines, exact parcel lines shall be construed to be the boundaries of identified zones, unless the boundaries are otherwise indicted on the map. Where a zone boundary, as shown on the Zoning Map, divides a parcel in single ownership at the time of passage of the ordinance codified in this title, the use, height and area regulations of the less restrictive portion of the identified parcel shall be construed as extending to the entire parcel; provided the parcel does not extend more than 50 feet beyond the accepted boundary line.
Parking Area. An accessible and usable area on the building site located off the street with access for the parking of automobiles. See Off-street parking.
Parking Area, Private. An area, other than a street, restricted from general public use and used for the parking of automotive vehicles capable of moving under their own power. 417
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31 Parking Area, Public. An area, other than a private parking area or street, used for the parking of vehicles capable of moving under their own power, either free or for remuneration.
Parking Area, Residential. An area, other than a street, located on the subject parcel for the parking of vehicles owned by the residents of the parcel.
Parking, Covered. An accessible and usable parking space within a carport or garage.
Parking Space, Automobile. A clearly marked space for the parking of a motor vehicle within a public or private parking area.
Parking Space, Bicycle. An area, other than a street, alley, pedestrian way, or automotive parking space, reserved and improved for the parking and securing of a bicycle, plus additional area as is necessary to afford adequate access and protection for bicycles.
Parkway. An arterial highway with full or partial control of access, and located within a park or ribbon of park-like development.
Patio, Covered. See “Structure”.
Pawn Shop. See “Retail Sales, Restricted”.
Performance Standard. A minimum requirement or maximum allowable limit on the effects or characteristics of a use and used to define compatibility.
Permit. Written governmental permission issued by an authorized official, empowering the holder to do some act not forbidden by law, but not allowed without explicit authorization.
Permit, Discretionary Projects. Projects that would require one or more of the following entitlements or approvals: Rezone, Tentative Subdivision Map, Conditional Use Permit, Variance, Exception, Development Plan Review, Special Development Permit, or some public works projects that require design review.
Permit, Nondiscretionary Projects. Projects that are consistent with the applicable zone in planned use and development standards and propose new construction, exterior remodeling or additions (e.g., requires Building Permit only).
Person. Any individual, firm, co-partnership, joint venture, corporation, company, association, joint association, or body politic, including any trustee, receiver, syndicate, assignee or other similar representative.
Personal Service, General. Commercial establishment that provides personal services. May also include accessory retail sales of products related to the personal services. General personal services include:
• Alterations • Laundromat (self-service laundry)
• Barber and beauty shop • Locksmith
• Clothing rental shop • Nail salon
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32 • Dry-cleaning • Shoe repair
• Hair Salon
Personal Service, Restricted. Commercial establishments that may tend to have a blighting and/or deteriorating effect upon surrounding areas/uses and that may need to be dispersed from other similar uses to minimize adverse impacts. These uses may also include accessory retail sales of products related to the personal services provided. Restricted personal services include:
• Internet cafe
• Massage Establishment
• Palm and card reader
• Tattoo and body piercing
• Permanent makeup
Place of Assembly. Facility intended for public or private assembly and meetings, including civic and private auditoriums, banquet halls, community centers, conference, and convention facilities, meeting halls for clubs and other membership organizations, and places of worship.
Planned Development. A large, integrated residential development located on a single building site, or on two or more building sites. The land and structures on the site shall be planned and developed as a whole in a single development operation or a series of developments in compliance with a master plan.
Population Density. The number of residential dwelling units on a site. The maximum permissible density shall be the number of dwelling units on a parcel or per parcel area as specified for the applicable zone, exclusive of any area utilized or required to be utilized or dedicated for public street purposes.
Poultry. Domesticated birds reared for egg or meat production.
Power Generation. Any electrical generating facility using thermal, wind, or water energy but not limited to, biomass plants, wind farms, coal-fired plants, or thermal power plants with a generating capacity of less than 50 megawatts.
Premises. A parcel or tract together with the buildings and structures thereon.
Principal Structure. A structure in which is conducted the principal use of the parcel on which it is situated, except for agricultural uses. In any residential zone, any dwelling shall be deemed to be the principal structure on the parcel on which it is situated.
Principal Use. The primary, predominate, or initial use of any parcel. For guidance, in an agricultural zone, the principal use of the land would be farming or ranching. An accessory use would be the farm house.
Printing Shop. A commercial establishment that provides duplicating services using photocopy, blueprint, and/or offset printing equipment, including collating of booklets and reports, for individual orders from a business, profession, service, industry, or government organization. Also referred to as “Copy Shop”. 419
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33 Private Utility. Any utility which is not a public utility.
Produce Stand. Temporary commercial establishment, operated for a specific time period, selling unprocessed fruits, vegetables, nuts, and other agricultural products in a raw or natural state, grown or produced on-site, and that is accessory to an on-site or adjacent agricultural operation.
Professional Office. See “Office”.
Property Development Standards. Any definitive measurable characteristic or aspect of a development, specified by this title, including but not limited to setbacks, parking, building height, space between buildings, parcel area and dimensions, defined linear distances for signs, spacing requirements, and size of districts.
Property line. See “Lot Line”.
Provisions. All regulations and requirements referred to in the text of this title.
Public Art Work.
Public art work for purposes of inclusion in the development process shall be defined as follows:
1. Sculptures: freestanding, wall supported or suspended; kinetic, electronic; in any appropriate material or combination of materials.
2. Murals or portable paintings: in any appropriate material or variety of materials, with or without collage or the addition of nontraditional materials or means.
3. Photography, original works of graphic art, limited edition prints, works on/of paper, original paintings.
4. Earthwork, fiber works, waterworks, neon, glass, mosaics, or any combination or forms of media including sound, literary elements, holographic images, or hybrids of media and new genres.
5. Furnishings or fixtures, including but not limited to, gates, railings, streetlights or seating, if created by artists as unique elements.
6. Artistic or aesthetic elements of overall architecture or landscape design if created by a professional artist or a design team that includes a professional visual artist.
The following items shall not be eligible for inclusion as public art work:
7. Directional elements (e.g., supergraphics, signs or color coding) except where these elements are integral parts of an overall design created by a professional visual artist. Art objects which are mass produced or of standard manufacture (e.g., playground equipment, fountains or statuary elements) unless incorporated into an art work by a project artist.
8. Mass-produced reproductions by mechanical or other means, of original works of art. 420
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34 9. Decorative, ornamental, architectural or functional elements which are designed by the building architect, as opposed to elements created by an artist commissioned for that purpose.
Publicly Maintained Road. Any road in the city maintained by public funds.
Public Notice. The announcement of a public hearing in a letter or newspaper of general circulation in the area, indicating the time, place and nature of the public hearing.
Public and Quasi-Public Use.
Library. Public facility that provides the use, but not sale, of literary, musical, artistic, or reference materials.
Public Building. Structure used (either owned and rented) by public agencies, including city, county, State, and Federal administration buildings; fire stations, and other fire prevention and firefighting facilities; police and sheriff substations and headquarters, including interim incarceration facilities, and post offices.
Does not include facilities specifically identified under another land use category, including schools.
Public Park and Recreation Area. Noncommercial outdoor recreation facility that provides a variety of recreational opportunities including playground equipment, open space areas for active and passive recreation and picnicking, and sport and active recreational facilities. May also include enclosed structures providing for recreational opportunities and community gardens.
Publicly Maintained Road. Any road in the city maintained by public funds.
Public Notice. The announcement of a public hearing in a letter or newspaper of general circulation in the area, indicating the time, place and nature of the public hearing.
Public Sewer System. Any sewage disposal system of one hundred or more connections operated and maintained by any municipality, special district, public or private corporation, organized and existing under and by virtue of the laws of the State.
Public Utility. Production, storage, transmission, switching and recovery facilities for water, sewerage, energy, communications and other similar utilities owned or operated by a business organization and subject to the jurisdiction of the public utilities commission.
Public Water System. Any water system, other than an individual well, spring, or mutual water system that is operated by a municipality, governmental agency, or a public utility for the furnishing of potable water.
17.120.170 “Q” Definitions
Quarry. A surface mining operation from which rock, sand, gravel and similar resources are being removed or are intended to be removed.
Quasi-Public. See “Public and Quasi-Public Use”.
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35 17.120.180 “R” Definitions
Radio Transmitter. The same as a radio tower, including broadcasting studio facilities and any other equipment necessary in the operation of a radio station.
Ramada. A roofed area open on all sides; arbor or pergola-like structure.
Reasonable Accommodation. Providing individuals with disabilities, or developers of housing for individuals with disabilities, flexibility in the application of land use, zoning and building regulations, policies, practices and procedures or waiving enforcement, if necessary, to ensure equal access to housing for individuals with disabilities in compliance with State and Federal fair housing laws; provided, however, that the requested accommodation does not impose an undue financial or administrative burden on the city and does not require a fundamental alteration in the nature of any city plan, policy, rule, regulation, or code.
Recreation, Active. Leisure time activities, usually of a more formal nature and performed with others, often requiring equipment and taking place at a prescribed place, site, or field.
Recreation, Passive. Leisure time activities of a less formal nature (e.g., bicycle riding, hiking, or picnicking) and not requiring a prescribed place, site, or field.
Recreational Facilities, Commercial. See “Commercial Recreation and Entertainment Facility”.
Recreational Vehicle (RV). Any of, but not limited to, the following: motor home, mini-motor home, camper/truck combination, house trailer, camp trailer, boat, boat trailer, all-terrain vehicle or dune buggy.
Recreational Vehicle Park. Any area or tract of land, where one or more parcels are rented or leased or offered for rent, or leased to owners or users of recreational vehicles or tents and which is occupied for temporary purposes.
Recyclable Material. Reusable material including but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufactured or reconstitution for the purpose of using the altered form.
Recyclable Material does not include refuse or hazardous materials. Recyclable Material may include used motor oil collected and transported in accordance with California. Health and Safety Code.
Recycling Collection Facility. A center for the acceptance by donation, purchase, or redemption of recyclable materials from the public, which may include the following:
Small Collection Facilities. Occupy an area of 350 square feet or less and may include:
• A mobile unit;
• Bulk reverse vending machines or grouping of reverse vending machines occupying an aggregate area of more than 50 square feet but no more than 350 square feet; • Kiosk-type units which may include permanent structures. 422
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36 Large Collection Facilities. Occupy an area of more than 350 square feet and may include permanent structures.
Recycling Processing Facility. A building or enclosed space used for the collection and processing of recyclable materials. "Processing" means the preparation of material for efficient shipment or to an end user’s specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing. Processing facilities include the following:
Recycling Processing Facility, Heavy. Any processing facility that occupies an area greater than 4,500 square feet not specifically defined as a light processing facility.
Recycling Processing Facility, Light. A facility that occupies an area of 4,500 square feet gross collection, processing and storage area and has up to an average of two outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding, and sorting of source separated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers.
Scrap and Dismantling Yards. Outdoor establishments primarily engaged in disassembling, breaking up, sorting, and the temporary storage and distribution of recyclable or reusable scrap and waste materials, including motor vehicle wreckers engaged in dismantling vehicles for scrap, and the incidental wholesale or retail sales of parts from those vehicles.
Recycling Unit, Mobile. An automobile, truck, trailer or van, licensed by the Department of Motor Vehicles which is used for the collection of recyclable materials. A mobile recycling unit also. the bins, boxes or containers transported by trucks, vans, or trailers, and used for the collection of recyclable materials.
Rental Unit. Any property or portion of property leased to a tenant for any period more than one month with a room, bath, and an entrance to a public space or access hallway.
Reservation. A provision in a deed or other real estate conveyance which preserves a right for the existing owner even if other property rights are transferred.
Residence. A building used, designed, or intended to be used as a home or dwelling place for one or more families.
Restaurant. Retail establishment (i.e., cafes, coffee houses, diners, food services) selling/serving food and beverages prepared for both on-site and off-site, sit-down consumption and service.
Cafeteria. A restaurant where food primarily is preprepared (not cooked to order) and served to the customer by direct visible selection, for consumption principally (but not necessarily) upon the premises.
Coffee shop. A restaurant where food, generally cooked to order, is served to the customer seated at a table or counters for consumption principally (but not necessarily exclusively) upon the premises, the 423
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37 establishment being open for all three meals of the day, and sometimes on a twenty-four-hour basis.
Dinner House. A restaurant where meals are generally cooked to order and served to the customers seated at tables or counters for consumption on the premises, and the establishment is open for service of the dinner meal only, although it may also open for service of the midday meal.
Restaurant, Drive-Through. Restaurant facility which serves patrons in vehicles from a window adjacent to a drive aisle or lane operated in conjunction with a restaurant or a food and beverage sales business.
Includes, but not limited to, fast-food restaurants, coffee shops, dairy products.
Restaurant, Fast Food. A restaurant where food not displayed for selection as in a cafeteria, and which food may or may not be cooked to order or be preprepared, is served to the customer at a window or over a counter for consumption elsewhere on the premises or away from the premises as the customer prefers.
Convenience Food and Beverage Service. The same as a fast-food service establishment except that the preparation of food shall not require a full kitchen or a grease trap.
Rest Home. Premises used for the housing of and caring for the ambulatory, aged, or infirm, which premises require a license from the State or County.
Restriction. A limitation on property which may be created in a property deed, lease, mortgage, through certain zoning or subdivision regulations, or as a condition of approval of an application for development.
Retail Sales, General. Commercial establishment within a structure, engaged in selling goods or merchandise to the public for profit. Examples of these establishments and types of merchandise include but not limited to:
• Appliances • Kitchen utensils
• Art studio and gallery • Luggage and leather goods
• Artists' supplies • Medical supplies and equipment
• Bakeries (retail only) • Motor vehicle parts and accessories • Bicycle sales and rentals • Musical instruments
• Books • Newsstands
• Cameras and photographic supplies • Office supplies
• Carpeting and floor covering • Orthopedic supplies
• Clothing and accessories • Paint and wallpaper
• Convenience market • Pet supplies and grooming
• Drug and discount stores • Pharmacies
• Electronic equipment • Religious goods
• Fabrics and sewing supplies • Shoe stores
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38 • Florists and houseplant stores (indoor sales
only)
• Small wares
• Gift shops • Specialty shops
• Handcrafted items • Sporting goods and equipment
• Hardware • Stationery
• Hobby materials • Toys and games
• Jewelry • Travel services
• Thrift Store / Secondhand retail sales
Retail Sales, Grocery or Supermarket. Commercial establishment offering for sale fresh and prepackaged food products, household items, and similar products, and having a gross floor area of 6,000 square feet or more. Includes ancillary delicatessens, bakeries, optical, financial services (e.g., banks tellers or automated teller machines), and other retail related sales
Retail Sales, Neighborhood Market. Pedestrian-oriented commercial establishment with a gross floor area of less than 6,000 square feet offering for sale a variety of fresh and prepackaged food and beverages products, ethnic, specialty or imported items, consistent with the needs of the surrounding neighborhood it is intended to serve.
Retail Sales, Nursery and Garden Supply. Commercial agricultural establishment engaged in the production of ornamental plants and other nursery products, grown under cover or outdoors. Includes stores selling nursery stock, lawn and garden supplies, and commercial scale greenhouses. The sale of house plants or other nursery products entirely within a building is also included under “Retail Sales, General.” Home greenhouses are included under "Accessory Structure."
Retail Sales, Secondhand. Commercial establishment principally engaged in the buying, selling, or accepting on consignment, secondhand tangible personal property and other activities as defined in California Business and Professions Code Sections 21626 and 21626.5, and in which at least 50 percent of the gross sales are from the sale of a secondhand property. Includes secondhand clothing and antique stores, but not pawn shops.
Retail Sales, Restricted. Commercial establishment within a structure, engaged in selling goods or merchandise to the general public for profit that are subject to heighten public regulation due to the nature of the product. Examples of these establishments and lines of merchandise include:
• Firearms Sales. Retail establishments selling firearms, ammunition, and related accessories and equipment under Federal laws governed by the Bureau of Alcohol, Tobacco, and Firearms. • Tobacco and Nicotine Sales. Establishments that either: (1) devote more than 15 percent of their total floor space to smoking or tobacco paraphernalia, or (2) devote more than a two foot by four-foot (two feet in depth maximum) section of shelf space for display for sale and sale of 425
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39 smoking and/or tobacco paraphernalia. Smoking and/or paraphernalia include, but are not limited to, the follow:
1. Kits intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of tobacco plant.
2. Kits intended for use or designed for use in manufacturing, compounding, converting, producing, processing, or preparing tobacco.
3. Isomerization devices intended for use or designed for use in increasing the potency of any species of tobacco plant. Testing equipment intended for use or designed for use in identifying, or in analyzing the strength, effectiveness or purity of tobacco.
4. for use or designed for use in weighing or measuring tobacco. Separation gins and sifters intended for use or designed for use in removing twigs, stems, seeds, or other foreign material from, or in otherwise cleaning or refining, tobacco.
5. Blenders, bowls, containers, spoons, and mixing devices intended for use or designed for use in compounding tobacco substances.
6. Envelopes, pouches, capsules, balloons, and other containers intended for use or designed for use in packaging small quantities of tobacco.
7. Containers and other objects intended for use or designed for use in storing or concealing tobacco.
8. Objects intended for use or designed for use in ingesting, inhaling, or otherwise introducing tobacco into the human body, including, but not limited to:
a. Metal, wood, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, or punctured metal bowls.
b. Water pipes.
c. Carburetion tubes and devices.
d. Smoking and carburetion masks.
e. Clips or other devices intended to hold burning materials (e.g., marijuana or a cigarette) that has become too small or too short to be held in the hand. f. Miniature cocaine spoons, and cocaine vials.
g. Chamber pipes, carburetor pipes, electric pipes, air-driven pipes, chillums, bongs, ice pipes or chillers.
• Pawn Shop. Commercial establishment engages in retail sales of new or second hand merchandise and offering loans secured by personal property, and as further defined in California Financial Code 426
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40 Section 21000. For secondhand sales which do not involved the offering and acceptance of loans, see ”Retail Sales, Secondhand.”
Retail Sales, Wholesale. A commercial establishment engaged in selling wholesale merchandise to retailers; to industrial, commercial, institutional, agricultural, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to persons or companies.
Reverse Vending Machine(s). An automated mechanical device which accepts at least one or more types of recyclable materials including, but not limited to, aluminum cans, electronics, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container’s redemption value as determined by the State. A reverse vending machine may sort and process containers mechanically; provided, that the entire process is enclosed within the machine. In order to accept and temporarily store all three containers types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary.
Rezoning. See Zone, Change Of.
Right-Of-Way. A strip of land acquired by reservation, dedication, forced dedication, prescription, or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer and other similar uses.
Room. An unsubdivided portion of the interior of a dwelling unit, excluding bathroom, kitchen, closets, hallways and service porches.
Rummage Sale. See “Garage Sale”.
Run With the Land. A covenant or restriction to the use of land contained in a deed and binding on the present and all future owners of the property.
17.120.190 “S” Definitions
Sanitarium. See “Hospital”.
Sanitary Landfill. A site for solid waste disposal in which the solid waste is spread in thin layers, compacted to the smallest practical volume, and covered with soil at the end of each working day.
Satellite Dish Antenna. Any accessory structure capable of receiving, for the sole benefit of the principal use, radio or television signals from a transmitter or transmitter relay located in planetary orbit.
Scenic Area. An open area, the natural features of which are visually significant or geologically or botanically unique.
School. Educational institution, including elementary, middle, junior high, and high schools, serving transitional kindergarten through 12th grade students, offering general academic instruction equivalent to 427
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41 the standards prescribed by the State Board of Education, and including denominational and sectarian, boarding schools, charter schools, and military academies. Also includes community colleges, public or private colleges, universities, and professional schools granting associate arts degrees, certificates, undergraduate and graduate degrees, and requiring for admission at least a high school diploma or equivalent general academic training.
School, Private. Privately owned and operated elementary, middle, secondary, or high school, or other institution providing academic instruction for students from kindergarten through 12th grade in compliance with the California Education Code. Includes special education and alternative learning schools.
School, Private/Public College, and University. A post-secondary institution for higher learning that grants associate or bachelor’s degrees and may also have research facility and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor’s degrees or certificates of completion in business or technical fields. These institutions require at least a high school diploma or equivalent general academic training for admission. Includes community colleges, public or private colleges and universities, and technical schools.
School, Technical and Vocational. A public or private post-secondary school providing occupational, job training, or recreational activities. Recreational activities include music, dance, or martial arts, or art lessons.
Secondhand Store. A commercial establishment which sells used merchandise.
Second Residential Unit. See “Accessory Dwelling Unit”.
Senior Citizen. Defined under the Unruh Civil Rights Act of California Civil Code Section 51.3(b), as may be amended from time to time and not inconsistent with the Federal Fair Housing Act (42 U.S.C.
Sections 3601 through 3631) as may be amended from time to time.
Senior Citizen Housing. Any residential accommodation other than a mobile home developed, substantially rehabilitated, or substantially renovated for senior citizens.
Service (Gasoline) Station. See “Fueling Station”.
Service Road. See “Frontage Street”.
Setback. Any open space on the same parcel with a building or dwelling group, which open space is unoccupied and unobstructed except for the projections allowed by this title.
Setback, Front. A space extending the full width of a parcel between a building and the front parcel line and measured perpendicular to the building at the closest point to the front parcel line.
Setback, Rear. A space extending across the full width of a parcel between the principal building and the rear parcel line and measured perpendicular to the building at the closest point to the rear parcel line. 428
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42 Setback, Required. The open space between the parcel line and the buildable area within which no structure shall be located except as provided in this title.
Setback, Side. A space between the sideline of a parcel and the nearest line of the principal building, extending from the front setback to the rear setback.
Setback, Side. A space extending from the front setback, or from the front parcel line where no front setback is required by this title, to the rear setback, or rear parcel line, between a side parcel line and the side setback line.
Shopping Center. See “Retail Sales, General”.
Shopping Center, Regional. See “Retail Sales, General”.
Short-term Transient. See “Transient, Short-Term”.
Shrub Border. A thick, continuous, strip-planting of shrubs along a boundary or division lines which create an enclosure, barrier, or screen.
Sidewalk Café. See “Restaurant”.
Sight Distance Triangle. The area created by drawing an imaginary line between points 30 feet back from where the curb lines of the intersection quadrant meet. Provides area for and maintenance of adequate and safe visibility for vehicular and pedestrian traffic at all intersections of streets, alleys, or private driveways.
Sign. See Chapter 17.30 (Sign Regulations).
Significant Buildings. A building which has special historic, cultural, or aesthetic interest, and by virtue of that may have significant value to the community. A significant building shall be characterized by one or more of the following: (A) a building at least 50 years old; or (B) a building listed on the National Register of Historic Places or California Register of Historic Places; or (C) a building determined by the Council to be notably associated with one or more historic persons or events, or with the broad architectural, cultural, political, economic or social history of Kerman.
Single-Family Dwelling. See “Single-Unit Dwelling”.
Single Room Occupancy (SRO). Any residential structure containing more than five units intended or designed to be used, rented, or hired out to be occupied for sleeping purposes, generally for one person per unit. Individual units typically share communal features, (e.g., kitchen, bathroom, or entertainment area).
Single-Unit Dwelling. Residential structure containing one dwelling unit located on a single parcel of land for occupancy by one single household, including manufactured housing and mobile homes, when placed on a permanent foundation system.
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43 Site. Any parcel of land or combination of contiguous parcels of land.
Site Distance Area. The provision for and maintenance of adequate and safe visibility for vehicular and pedestrian traffic at all intersections of, streets, alleys, or private driveways.
Site Plan. A plan, prepared to scale, showing proposed uses and structures for a parcel of land, including details necessary to illustrate the final proposed use and development.
Site Plan Review. A permit process that establishes criteria for the layout, scale, appearance, safety, and environmental impacts of a proposed development to ensure conformance to city standards and criteria.
Smart Growth. An approach to land use planning and growth management that recognizes connections between development and quality of life. Smart growth stresses guidelines and incentives for growth instead of regulations, to encourage development that is sensitive to quality of life factors.
Smoke Shop. See “Tobacco and Nicotine Sales”.
Solar Energy Generation Facility. Commercial energy generation facility that generates electricity from the via photovoltaic arrays, solar thermal systems, or concentrated solar power facilities.
Major Energy Generation Facility, Major. A facility that is 2,001 sq. ft. or larger in size.
Solar Energy Generation Facility, Minor. A facility that is 2,000 sq. ft. or less in size.
Solid Waste Disposal Facility. Any location or facility or dump used for the disposal of solid, semi-solid and liquid wastes including, but not limited to, garbage, trash, refuse, paper, rubbish, ashes, industrial waste, demolition and construction wastes, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid wastes and other discarded and semisolid wastes and including solid waste processing facilities as a secondary activity in conjunction with a disposal operation.
Solid Waste Transfer Station. A facility for receiving and temporarily holding solid wastes for transfer to a solid waste disposal facility or waste-to-energy plant. A solid waste transfer station may include scales, compactors, wash racks, facilities for the transfer of solid from small to larger containers or vehicles for transport, and facilities for incidental separation of recoverable resources.
Spa. A facility which provides an integrated combination of fitness, beauty, rejuvenation, and relaxation programs. A primary use spa is one where the minimum facilities provided shall be beauty salon, and steam room and/or sauna, showers and therapy pool, and sequestered rooms for massage and body treatments. An accessory spa use is one where the focus is relaxation and therapeutic programs rather than fitness and beauty. If a facility is an accessory use spa, the provisions for minimum facilities are not required.
Spandrel. The area located between the top window or architectural feature of a floor or story and the window or architectural feature on the next higher floor in buildings of more than one story. 430
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Chapter 17.120 Definitions
44 Specialty Shop. The use, rental or lease of stalls or areas inside of an enclosed building by vendors offering new goods or materials, or antiques, for sale. Where allowed, the goods or materials offered for sale shall be those ordinarily offered for sale by the allowed use in the zone in which the specialty shop is located.
Specific Adverse Impact. A significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
Sprawl. A low-density land use pattern that is automobile dependent, energy and land consumptive, and requires a very high ratio of road surface to development served.
Stable, Commercial. A stable for horses, mules or ponies which are let, hired, used or boarded on a commercial basis and for compensation.
Stable, Private. A detached accessory building for the keeping of horses, mules or ponies owned by the occupants of the premises and not kept for remuneration, hire or sale.
State. The state of California.
Storage Facility, Personal. Facility with structures generally containing small individual compartmentalized areas or lockers rented as individual storage spaces or outdoor storage for recreational vehicles and boats.
Also referred to as “mini storage” or “self-storage”.
Storage Facility, Restricted. Facility used for storage and distribution of generally dangerous and hazardous materials, including, but not limited to, chemicals, gasoline, propane, explosives, and fireworks.
Story. The portion of a building including between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and ceiling next above it.
Street. A public thoroughfare or right-of-way dedicated, deeded, or condemned for use as access, or approved private thoroughfare or right-of-way, other than an alley, which affords the principal method of access to abutting property including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfares, except as excluded in this title. The word street shall include all major and secondary thoroughfares, collector streets, and local streets.
Street Centerline. The centerline of a street right-of-way as established by official survey.
Street, Local. Any designated street serving as the principal route to access property, which is not shown as a freeway, major or secondary thoroughfare or collector on the General Plan for the city.
Street, Private. A right-of-way or easement used for vehicular, equestrian and/or pedestrian traffic that is privately owned and maintained.
Street, Public. See “Publicly Maintained Road”.
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Article 8 – Definitions Chapter 17.120
45 Street, Side. The street bounding a corner or reversed corner parcel and which extends in the same general direction as the line determining the depth of the parcel.
Structural Alteration. Any change in or alteration to the structure of a building involving a bearing wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, foundations, piles, retaining walls, or similar components.
Structural Wall. Any bearing wall of a building.
Structure. Anything constructed or erected, the use of which requires location on the ground or the attachment to something having location on the ground including awnings, gas storage containers and patio covers, but excluding walls and fences six feet in height or less, and outdoor areas (e.g., uncovered paved areas, patios, walks, tennis courts, and swimming pools).
Structure, Advertising. See “Advertising Structure”.
Structure, Temporary. A structure which is readily movable and used or intended to be used for a period not to exceed 90 consecutive days. The structure shall be subject to all applicable property development standards for the zone in which it is located.
Subdivision Sales Office. A temporary office use located within a subdivision used to facilitate the sale and showing of dwellings and/or parcels.
Supportive/Transitional Housing. Housing with no limit on length of stay, that is occupied by persons with disabilities or those experiencing homeless, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live, and when possible, work in the community. Supportive housing units are residential uses allowed in any zone allowing residential uses, subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone.
Sustainable Development. Development that maintains or enhances economic opportunity and community well-being while protecting and restoring the natural environment upon which people and economies depend. Sustainable development meets the needs of the present without compromising the ability of future generations to meet their own needs.
Swap Meet. The use, rental or lease of stalls or areas outside of an enclosed building by vendors offering goods or materials for sale or exchange, not including public fairs, art exhibits or farmer’s markets.
Swimming Pool. Any permanent structure containing a body of water, having a depth of at least eighteen inches, intended for recreational uses, and shall include wading pools.
Swimming Pool, Private. Includes all pools which are used or intended to be used in connection with a single-family residence, and available only to the family or householder and their private guests.
Swimming Pool, Public or Semi-Public. Any pool other than a private swimming pool. 432
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Chapter 17.120 Definitions
46 17.120.200 “T” Definitions
Target Populations. Persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided in compliance with the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
Tasting Room. A commercial establishment that is operated in conjunction with a separate alcoholic beverage production facility licensed under a Type 02 license issued by the California Department of Alcoholic Beverage Control, which facilitates the sampling and sale of alcoholic beverages and is located on a different parcel of land than the production facility.
Temporary Dwelling. A travel trailer or motor home which serves as a dwelling unit for the owner/builder for one year while building the principal dwelling unit.
Temporary Job Site Office. A temporary job site office which serves as commercial office for one year while the principal structure is being built.
Temporary Tract Office. See “Subdivision Sales Office”.
Temporary Use. Use established for a specified period of time, typically less than one to seven days for outdoor special events, and three months to one year for other uses/activities, with the intent to discontinue the use at the end of the designated time period.
Tenant. An occupant of land or premises who occupies, uses, and enjoys real property for a fixed time, usually through a lease arrangement with the property owner and with the owner’s consent.
Term, Long. A time frame without the intent to be permanent, may occur for an unknown measurable period of time, and may not have a set end date.
Term, Short. A time frame without the intent to be permanent, occurring for a portion of measurable period of time e.g. day, week, month, year, and with a set end date.
Thrift Store. 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.
Tobacco Store. See “Retail Sales, Restricted”.
Townhouse. See “Multi-Family Dwelling”.
Traffic Calming. A concept fundamentally concerned with reducing the adverse impact of motor vehicles on built-up areas. Usually involves reducing vehicle speeds, providing more space for pedestrians and cyclists, and improving the local environment.
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Article 8 – Definitions Chapter 17.120
47 Trailer. A vehicle without motive power, designed and constructed to travel on the public thoroughfares in compliance with the provisions of the State Vehicle Code, and to be used for human habitation or for carrying property, including a trailer coach.
Trailer Coach. A recreational vehicle designed or used for human habitation, including travel trailers, motor homes, house cars and campers, with a maximum gross occupied ground area of less than 320 square feet.
Trailer Court. See “Trailer Park”.
Trailer Park. Land or premises used or intended to be used for one or more trailer coaches on the basis of lease, rental or other consideration.
Transient. A person who is receiving accommodations for a price, with our without meals, for a period of not more than one hundred eighty continuous days in any one year.
Transient, Short-Term. A person who is receiving accommodations for a price, with or without meals, for a period of not more than twenty-nine continuous days in any one year.
Transit Stations and Terminal. Facility where buses, trains, and other rail mass transit options regularly stop to load and unload passengers and goods.
Transportation Corridor. A combination of discrete, adjacent surface transportation networks (e.g., freeway, arterial roads, rail networks) that link the same major origins and destinations.
Transportation Plan. A document that provides the rationale, goals, objectives, strategies, and standards for the implementation of transportation improvements.
Travel Trailer. A recreational vehicle without motor power designed for human habitation for residential, recreational, industrial, professional, or commercial purposes, but shall not include camper, truck camper, or mobile home.
Truck And Trailer Sales Lot. An open area where trucks or trailers are sold, leased or rented, and where no repairs, painting or remodeling is done.
Truck Service Station. An establishment which provides services specifically for trucks, with incidental operations.
Truck Stop. A place of business primarily engaged in providing service station facilities for cargo vehicles or trailer trucks. Truck stops may include accessory food services.
Truck Storage and Parking Yard. An area used as a staging and point of operation for trucking operations and their accessory equipment. Truck means a vehicle or combination of vehicles with a gross vehicle weight rating of ten thousand pounds or more, but shall not include recreational vehicles.
Two-Unit Dwelling. A single detached dwelling designed for and occupied by two families alone and having but two kitchens.
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Chapter 17.120 Definitions
48 17.120.210 “U” Definitions
Unique natural feature. A part of the natural environment which is rare or not duplicated in the community or region.
Use. the purpose or activity for which land or buildings are designed, arranged, or intended or for which it is occupied or maintained.
Use, Accessory. See “Accessory Use”.
Use, Conditional. Conditional use is a use which is listed as a conditional use in any given zone in this title. Conditional uses may be required to meet certain requirements as a condition precedent to the granting of a Use Permit which will allow the establishing of a conditional use in any given zone.
Use Permit, Conditional or Temporary. Conditional or Temporary Use Permit. a discretionary permit authorizing a particular use often for a specified period of time and often including conditions of approval which run with the land, regardless of ownership.
Use Area. A measured area occupied by principal and accessory buildings, structures, and appurtenant uses. For guidance, the use area of an agricultural processing facility would include measurements of the gross floor area of all buildings and structures plus the area, in square feet, occupied by all outdoor storage areas, all parking areas, and any other area of ground affected by the processing of agricultural products.
Uses, Permitted. A use which is listed as a permitted use in any given zone in this title. Permitted uses need not meet special requirements as a condition precedent to be allowed in a given zone subject to the restrictions applicable to that zone. Also known as an allowable or allowed use.
Utility Facility and Infrastructure. Facility supporting electric and telecommunication services.
17.120.220 “V” Definitions
Variance. Permission to depart from the literal requirements of this title.
Vehicle, Boat, and Trailer Sales, New and Used. A commercial establishment that sells automobiles, boats, motorcycles, recreational vehicles, trailers, trucks, and similar vehicles and equipment, including display, and storage. May include incidental minor maintenance (e.g., oil changes, fluid flushes). All incidental minor maintenance activities shall be conducted within a fully enclosed structure. Vehicle repairs, including, but not limited to engine repairs, transmission services, brake replacement, wheel and tire alignment, and electrical installation, are not allowed (see “Vehicle Repair and Service”).
Vehicle Rental Facility, General. Commercial establishment that rents automobiles, construction equipment, motorcycles, recreational vehicles, trucks, trailers, and similar vehicles and equipment, including on-site storage and incidental maintenance that does not require pneumatic lifts, and only when conducted within a fully enclosed structure.
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Article 8 – Definitions Chapter 17.120
49 Vehicle Rental Facility, Limited. Commercial establishment that rents small vehicles, including, bicycles, mopeds, scooters, and Segway’s), and similar sized vehicles with electric power, engines less than 100cc, or are human powered. May also include the maintenance, minor repair, and on-site storage of the equipment offered for rent, and only when conducted within fully enclosed structure.
Vehicle Rental Facility, Office Only. Commercial establishment that rents automobiles, motorcycles, recreational vehicles, trucks, and other types of transportation vehicles that are not stored on-site.
Vehicle Repair and Service. The repair, servicing, alteration, restoration, towing, painting, cleaning, or finishing of automobiles, trucks, recreational vehicles, water vessels, golf carts, and other motor vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This includes the following categories:
Vehicle Repair and Service, Major. Major repair of automobiles, motorcycles, recreational vehicles, or trucks including light duty trucks (i.e., gross vehicle weight of less than 10,000 pounds) and heavy-duty trucks (i.e., gross vehicle weights more than 10,000 pounds). Examples of uses include full-service motor vehicle repair garages; body and fender shops; brake shops; machine shops; paint shops; and transmission shops.
Vehicle Repair and Service, Minor. Minor repair of automobiles, motorcycles, recreational vehicles, or light duty trucks, vans, or similar size motor vehicles (i.e., vehicles that have gross vehicle weights less than 10,000 pounds) including detailing services; installation of electronic equipment (e.g., alarms, stereos, etc.); servicing of cooling, electrical, fuel and exhaust systems; brake adjustments; relining and repairs; oil and lube shops; smog shops, tire and battery sales and installation (not including recapping); and wheel alignment and balancing. Does not include any type of car washing service.
Vehicle Salvage and Dismantling Facility. See “Scrap and Dismantling Yard”.
Vehicle Repair and Service. The repair, servicing, alteration, restoration, towing, painting, cleaning, or finishing of automobiles, trucks, recreational vehicles, water vessels, golf carts, and other motor vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This includes the following categories:
Vehicle Sales, New and Used. A commercial establishment that sells new or used automobiles, motorcycles, recreational vehicles, trucks, boats, and similar vehicles and equipment, including display, and storage.
May include incidental minor maintenance (e.g., oil changes, fluid flushes), and accessory retail sales. All incidental minor maintenance activities and accessory retail sales shall be conducted within a fully enclosed structure. Vehicle repairs, including, but not limited to engine repairs, transmission services, brake replacement, wheel and tire alignment, and electrical installation, are not permitted (see “Vehicle Repair and Service”). Does not include: the sale of auto parts/accessories separate from a vehicle sales establishment (see “Retail Sales, General”), or commercial establishments dealing exclusively in used parts (see “Vehicle Salvage and Dismantling Facility”).
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Chapter 17.120 Definitions
50 Veterinary Clinic, Large. A commercial establishment providing medical care and treatment of large domestic animals including horses, cattle, goats, sheep, and similar animals with all medical operations being conducted wholly within a building, except for holding pens or corrals used to house animals while they are under care of the veterinarian.
Veterinary Clinic, Small. A commercial establishment providing medical care or surgical treatment to domestic animals or household pets. Use as a kennel shall be limited to short time boarding incidental to medical care. For standalone long-term boarding facilities, see “Kennel”.
Video Game Arcade. See “Commercial Recreation and Entertainment Facility, Indoor”.
17.120.230 “W” Definitions
Wall. Any structure or device, not including landscape features, forming a physical barrier. This shall include concrete, concrete block, wood, metal, or other materials that are so assembled as to form a barrier. Where a solid wall is specified, one hundred percent of the vertical service shall be closed, except for approved gates or other access ways. Where a masonry wall is specified, the wall shall be concrete block, brick, stone or other masonry material and one hundred percent of the vertical surface shall be closed, except for approved gates or other access ways.
Warehousing and Distribution. Facility for the storage of furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include warehouse, storage or personal storage facilities offered for rent or lease to the public (see "Storage Facility, Personal").
Watercourse. Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows in a definite direction or course, either continuously or intermittently, and has a definite channel, bed and banks, and includes any area adjacent thereto subject to inundation by reason of overflow or floodwater.
Wholesale. The selling of any type of good for purpose of resale, including incidental storage and distribution.
Wireless Telecommunication Facility. Facility that includes equipment which supports the transmission and/or receipt of electromagnetic/radio signals. Telecommunication facilities include cellular radiotelephone service facilities, personal communications service facilities (including wireless internet), specialized mobile radio service facilities, and commercial paging service facilities. Components of these types of facilities can consist of the following: antennas, repeaters, microwave dishes, horns, and other types of equipment for the transmission or receipt of the signals, telecommunication towers or similar structures supporting the equipment, equipment structures, parking area, and other necessary development.
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Article 8 – Definitions Chapter 17.120
51 17.120.240 “X” Definitions
No terms defined.
17.120.250 “Y” Definitions
Yard Sale. See “Garage Sale.”
17.120.260 “Z” Definitions
Zero Lot Line. The location of a structure on a parcel where one or more of the structure’ssides rest directly on a parcel line.
Zone. A specifically delineated area or zone in a municipality within which regulations and requirements uniformly govern the use, placement, spacing and size of land and buildings.
Zone, Change of. The legislative act of removing one or more parcels of land from one zone and placing them in another zone on the official zone map of the city.
Zone Map. See “Zoning Map”.
Zoning Map. The Official Zoning Map of the City of Kerman, which is a part of the ordinance codified in this title.
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Attachment 'B'
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Attachment ‘C’
OTA Analysis
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.
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
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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.
Clarified the City’s Uncertainty of Boundary process to be consistent with current City staff procedures.
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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.
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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
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Eliminated automotive repair land uses as allowed in the Light Industry zone. 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
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Created provisions for the use of artificial turf, including:
o Locations allowed
o Materials and style
o Installation requirements
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.
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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. 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. 449
Section 5, Item E.
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:
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. 450
Section 5, Item E.
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. 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
451
Section 5, Item E.
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. 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
452
Section 5, Item E.
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
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
453
Section 5, Item E.
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
454
Section 5, Item E.
Attachment 'D'
455
Section 5, Item E.
456
Section 5, Item E.
457
Section 5, Item E.
458
Section 5, Item E.
459
Section 5, Item E.
460
Section 5, Item E.
461
Section 5, Item E.
462
Section 5, Item E.
463
Section 5, Item E.
464
Section 5, Item E.
465
Section 5, Item E.
466
Section 5, Item E.
467
Section 5, Item E.
468
Section 5, Item E.
469
Section 5, Item E.
470
Section 5, Item E.
471
Section 5, Item E.
472
Section 5, Item E.
473
Section 5, Item E.
474
Section 5, Item E.
475
Section 5, Item E.
476
Section 5, Item E.
477
Section 5, Item E.
478
Section 5, Item E.
479
Section 5, Item E.
STAFF REPORT
MEETING DATE: May 22, 2024
PRESENTER: Jesus R. Orozco, Community Development Director SUBJECT: Second Reading and Adoption of Ordinance Text Amendment 2024-02 repealing Chapters 15.28 and 15.32 from Title 15 of the Kerman Municipal Code (JRO) RECOMMENDATION: Council waive full reading and adopt Ordinance Text Amendment 2024- 02 repealing Chapter 15.28 relating to Mobile Home Parks and Chapter 15.32 relating to Environmental Quality Protection Procedures from Title 15 of the Kerman Municipal Code.
EXECUTIVE SUMMARY:
At the April 24, 2024 meeting, the Council held a public hearing and introduced 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. Said chapters have been revised and incorporated into the appropriate chapters of the new Zoning Code being considered as part of OTA 2024-01.
Chapter 15.28: Mobile Home Parks
Chapter 15.28 relating to Mobile Homes Parks has been revised and incorporated into Section
17.40.050 of the new Zoning Code. Physical construction of mobile home parks is regulated by the State of California and therefore any building permit provisions for mobile homes within Title 15 no longer apply. The provisions within the new Zoning Code are specific to land use and development of mobile home parks consistent with State housing law. As a result of the aforementioned, Chapter 15.28 is obsolete and must be repealed.
Chapter 15.32: Environmental Quality Protection Procedures Chapter 15.32 relating to Environmental Quality Protection Procedures has been revised and incorporated into Chapter 17.98 of the new Zoning Code. Environmental procedures commonly referred to as the California Environmental Quality Act or “CEQA” are specific to land use and development. As a result of the aforementioned, Chapter 15.32 is obsolete and must be repealed.
ENVIRONMENTAL REVIEW:
A preliminary environmental assessment has been performed for this project (OTA 2024-02) pursuant to the California Environmental and Quality Act (CEQA). There are findings to determine with certainty that, pursuant to CEQA Guidelines Section 15061(b) (3), there is no possibility that this project may have a significant, adverse, impact on the environment. This is 480
Section 5, Item F.
because this project involves purely procedural policies with no impact on the environment.
Therefore, this project is not subject to CEQA.
FISCAL IMPACT:
Costs associated with publication and public hearing notices have been accounted for as part of the Department’s annual budget.
ATTACHMENTS:
A. Ordinance for OTA 2024-02
481
Section 5, Item F.
Attachment ‘A’
ORDINANCE NO. 24-___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KERMAN REPEALING CHAPTER 15.28 RELATING TO MOBILE HOME PARKS AND CHAPTER 15.32
RELATING TO ENVIRONMENTAL QUALITY PROTECTION PROCEDURES FROM TITLE 15 OF THE KERMAN MUNICIPAL CODE
The City Council of the City of Kerman does ordain as follows:
SECTION 1. Chapter 15.28 of Title 15 of the Kerman Municipal Code relating to Mobile Home Parks is hereby repealed.
SECTION 2. Chapter 15.32 of Title 15 of the Kerman Municipal Code relating to Environmental Quality Protection Procedures is hereby repealed.
SECTION 3. CEQA. A preliminary environmental assessment has been performed for this project pursuant the California Environmental and Quality Act (CEQA). The City Council finds and determines with certainty that, pursuant to CEQA Guidelines Section 15061(b)(3), there is no possibility that this project may have a significant, adverse, impact on the environment. This is because this project involves purely procedural policies with no impacts on the environment.
Therefore, this project is not subject to CEQA.
SECTION 4. Severability. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.
SECTION 5. Publication. This ordinance shall be published in accordance with the provisions of Government Code Section 36933.
SECTION 6. Effective Date. This ordinance shall become effective thirty (30) days after the date of adoption.
**********
482
Section 5, Item F.
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 22nd day of May 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
The foregoing ordinance is hereby approved.
Maria Pacheco
Mayor
Attest:
___________________
Josie Camacho
Interim City Clerk
483
Section 5, Item F.
STAFF REPORT
MEETING DATE: May 22, 2024
PRESENTER: Jesus A. Gonzalez, City Engineer
SUBJECT: Approval of Contract Change Order No. 1 for the Well 33 Pilot Hole Project (JG) RECOMMENDATION: Council by motion adopt the resolution:
1. Approving contract change order no. 1 for the Well 33 Pilot Hole Project to South Valley Companies Inc. in the amount of $225,000 and;
2. Authorizing an additional construction contingency in the amount of $38,700.00 (10% of original construction contract) and;
3. Authorizing the City Manager to sign the change order and subsequent change orders, up to the additional contingency amount, on behalf of the City.
EXECUTIVE SUMMARY:
On August 06, 2021, the State Water Resources Control Board Division of Drinking Water (DDW) issued the City a compliance order for exceeding the 1,2,3-TCP Maximum Contaminant Level (MCL) at Well 12. Subsequently on August 25, 2022, the DDW issued the City a compliance order for exceeding the Uranium MCL at Well 12. The second order caused the City to reevaluate improvements to Well 12 with a decision ultimately made for its replacement with Well 33 on the northside of Kearney Boulevard at its intersection with Kenneth Avenue.
On February 14, 2024, following a public bids procurement process, the Well 33 Pilot Hole Project (Project) was awarded by City Council to South Valley Companies Inc. The Project is the first step in the well’s development process, consisting of a hydrogeological investigation including well drilling and water testing activities, to a depth of 950 feet, for assessing water quality and production capacity at the proposed Well 13 site.
On February 26, 2024, a construction Notice to Proceed was issued to South Valley Companies Inc. Results from the water sampling activities indicated the presence of Hexavalent Chromium in excess of recent State established MCL levels. Hexavalent Chromium being an expensive contaminant to mitigate, as a result of continuous off-hauling operational costs, there is now a need to perform hydrogeological investigations at a depth of 1,200 feet. Based on other City wells testing results, it is anticipated that the groundwater at the deeper elevation will be less than the established MCL for Hexavalent Chromium.
484
Section 7, Item A.
The additional cost for the hydrogeological investigation to a depth of 1,200, inclusive of contractor re-mobilization, drilling, water sampling, and pilot hole abandoning is in the amount of $225,000.
FISCAL IMPACT:
The funding to cover the necessary cost will be through the proceeds received from litigation against the Dow Chemical Co, et al. There are sufficient accounts funds in the FY 23/24 Budget to cover the expense. If the Project does not move forward at this time, the City will be unable to meet the hydrogeological investigation timeline approved by the DDW for replacing Well 12.
Additionally, DDW could impose administrative penalties including a drastic revocation of water permit.
ATTACHMENTS:
A. Resolution
B. Change Order No. 1
485
Section 7, Item A.
Attachment ‘A’
RESOLUTION NO. 24-___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN
APPROVING CONTRACT CHANGE ORDER NO. 1 FOR THE WELL 33 PILOT HOLE PROJECT TO SOUTH VALLEY COMPANIES INC.
WHEREAS, the Project consists of a hydrogeological investigation including well drilling and water testing activities, to a depth of 950 feet, for assessing water quality and production capacity at the proposed Well 13 site; and
WHEREAS, on February 14, 2024, following a public bids procurement process, the Project was awarded by the City Council to South Valley Companies Inc.; and WHEREAS, following issuance of a February 26, 2024, construction Notice to Proceed, the hydrogeological investigation identified the need for additional drilling and water sampling to a depth of 1,200 feet; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KERMAN RESOLVES AS FOLLOWS:
1. Upon the recommendation of the City Engineer, approval is granted for Change Order No. 1, for the Well 33 Pilot Hole Project, in the amount of Two Hundred and Twenty-Five Thousand Dollars and Zero Cents ($225,000).
2. Approval is granted for an additional Thirty-Eight Thousand and Seven Hundred Dollars and Zero Cents ($38,700) contingency (10% of the original contract cost) for use on unforeseen construction needs.
3. The City Manager is authorized to sign Change Order No. 1, and subsequent change orders up to the additional contingency amount.
The foregoing resolution was introduced at a regular meeting of the City Council of the City of Kerman held on the 22nd day of May, 2024, and passed at said meeting by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
486
Section 7, Item A.
The foregoing resolution is hereby approved.
Maria Pacheco
Mayor
ATTEST:
Josie Camacho
Interim City Clerk
487
Section 7, Item A.
ORDER NO. 1
DATE 5/6/2024
STATE CA
COUNTY Fresno
TO:
1.0 1.1
1.2 1.3
1.4 1.5
1.6 TOTALS
NET CHANGE IN CONTRACT PRICE
SCOPE OF WORK
JUSTIFICATION
The Contract Total including this and previous Change Orders will be:
This document will become a supplement to the contract and all provisions will apply hereto.
Requested
Contractor (Date)
Recommended
City Engineer (Date)
Accepted
City Manager (Date)
$60,000.00
Perform Additional Electric Logging: $5,000.00 LS $5,000.00 *There are 24 contract working days left in the contract, the contract has been on hold since 3/25/2024 due to the change of scope per the hydrologist’s recommendations. The contract days will resume once the contractor can remobilize to start the extra work.
Drill 1,200 FT at $65.00/FT
Mobilization of equipment for additional work: $20,000.00 LS Abandon Well: Additional 300FT at $40.00/LF $12,000.00
Install 200 LF of Soundwall: $60,000.00 LS
$611,500.00
Two(2) Additional Zone Test: $25,000 EA Zone Test
$78,000.00
$20,000.00
CONTRACT CHANGE ORDER
The Contract period provided for completion will be (Increased): 0* $225,000.00
(Supplemental Plans and Specifications Attached) in Contract Price Change Order 01
The amount of the Contract will be Increased by the sum of:
$225,000.00
See Report Attached.
$225,000.00
$50,000.00
Description of Changes
CONTRACT FOR
Original Contract Completion Date:
Original Contract Amount:
Contract Contingency Amount:
CITY OF KERMAN
WELL 33 PILOT HOLE
FEDERAL PROJECT NO.
CONTRACTOR
OWNER
in Contract Price
Original Contract Time:
You are hereby requested to comply with the following changes from the contract plans and specifications:
INCREASE
$386,500.00
SOUTH VALLEY COMPANIES, INC.
$38,650.00
DECREASE
See MEMO and back up documentation attached.
45 4/29/2024
$0.00
488
Section 7, Item A.
STAFF REPORT
MEETING DATE: May 22, 2024
PRESENTER: Josefina Alvarez, Finance Director
SUBJECT: Budget Workshop Fiscal Year 2024/2025 (JA)
RECOMMENDATION: Council to review and consider proposed draft of City of Kerman Fiscal Year 2024/2025 Operating and Capital Budgets and provide comments.
EXECUTIVE SUMMARY:
The budget workshop for Fiscal Year (FY) 2024/2025 is to provide Council the opportunity to review and comment on the proposed Operation and Capital Budgets for FY 2024/2025 prior to adoption of the final budget on June 12, 2024.
General Fund
The General Fund is primarily used to fund Police, Community Services, Community Development and Administrative services budgets. Revenues are projected to increase 0.13% or $13,660 when compared to estimated year end FY 2023/2024 and operating expenditures are projected to increase 33.95% or $3,586,147 creating a General Fund operational deficit of $3,485,323. This deficit generated for FY 2024/2025 is because Hart Ranch Park has an estimated 3,670,933 allocated in which Measure M reserves will be used as park would need to be completed this FY.
The revenue increase is attributed to different factors such as the increase in property tax, VLF building permits and SRO reimbursement and new revenues such as the Transient Occupancy Tax. Below is a summary of Sales Tax and Property Tax revenues, our two main sources of revenue.
Category Increase/Decrease Amount Total Revenue FY
2024/2025
General Sales Tax Decrease -$10,500 $2,341,100
Measure M Sales Tax Decrease -$91,000 $2,958,000
Sales Tax-Public Safety Increase $3,493 $24,332
Total -$98,007 $5,323,432
489
Section 7, Item B.
Category Increase/Decrease Amount Total
Revenue
General Property Tax Increase $118,230 $1,197,639
Real Estate Property Transfer Tax Increase $10,935 $62,423 Property Tax In-Lieu of VLF Backfill Increase $58,911 $1,911,315 Homeowners Prop Tax Relief Decrease -$831 $6,000
Total $187,245 $3,177,377
Below is a recap of the projected revenues for Fiscal Year 2024/2025 along with prior fiscal years.
Description
Audited
2021/2022
Audited
2022/2023
Adopted
2023/2024
Estimated
Year End
Budget
2024/2025
Sales Tax $5,061,243 $5,832,968 $5,417,100 $5,427,015 5,322,100 Property Tax 2,607,065 2,909,241 2,990,131 2,990,131 3,177,377 Admin & Overhead Fees 310,771 310,771 310,771 310,771 310,771 Building Fees 134,265 145,226 119,971 323,060 237,560
Franchise Taxes 219,555 239,843 206,691 206,691 222,030 Rents 181,857 248,875 158,508 162,162 164,177
Licenses and Permits 100,350 106,647 108,085 109,735 114,231 Fines and Penalties 390,016 377,804 383,854 393,232 446,624 Interest & Misc Revenue 199,065 403,413 147,330 272,249 218,240 Youth & Rec Program Fees 56,132 40,802 58,090 58,090 55,170 Reimbursements 13,952 22,344 11,278 12,453 16,219
Other Fees for Services 692,917 402,883 375,400 375,693 370,445 Total Revenues $9,967,189 $11,040,815 $10,287,208 $10,641,282 $10,654,943 Below is a summary of the General Fund expenditures by department.
Description
Audited
2021/2022
Audited
2022/2023
Adopted
2023/2024
Estimated
Year End
Budget
2024/2025
City Council $48,189 $32,401 $37,550 $41,550 $ 40,991
City Legal Services 175,534 220,170 250,000 250,000 195,000 General Administration 724,729 478,084 480,207 508,571 614,759 Administrative Services 99,895 125,121 149,389 150,030 147,444 Debt Service-Gateway Villa 95,339 95,339 95,339 95,339 95,339 City Clerk 47,398 84,751 161,548 163,329 156,489
Measure M 1,373,066 725,162 2,072,831 2,158,913 4,784,844 Planning 192,499 254,997 268,991 275,453 391,624
Code Compliance - - 218,160 225,562 194,473
Transfer Measure M-Code - - (218,160) (218,160) (194,473) Engineering 171,181 160,835 165,000 214,000 260,000
Building 283,200 231,135 327,131 329,725 422,717
Recreation Administration 233,059 190,745 363,732 379,346 443,807 Building Maintenance 380,091 519,310 690,726 693,460 771,039 490
Section 7, Item B.
Description
Audited
2021/2022
Audited
2022/2023
Adopted
2023/2024
Estimated
Year End
Budget
2024/2025
Senior Center Services 184,764 168,361 158,156 158,612 169,074 Aquatics Program 34,545 46,325 79,827 80,155 82,564
Planned Recreation 41,062 56,848 - - -
Youth & Teen Services 68,201 57,440 - - -
Community Teen Center 152,469 151,336 175,967 178,696 183,007 Police Operations (ACT/SRO) 3,915,661 3,788,746 4,685,693 4,747,209 5,336,239 Transfer from Measure M-PD (226,502) (251,131) (247,568) (247,568) (388,422) Animal Control 72,970 98,860 130,469 130,829 163,908
Parks Landscape Maint 171,599 203,531 229,056 239,067 269,843 Total Expenditures $8,238,947 $7,438,365 $10,274,043 $10,554,118 $14,140,265 The expenditures increase is primarily due to the construction of Hart Ranch Park. The increase is also due to personnel and operational costs. Personnel cost include an estimated COLA increase for both the KMEA and KPOA members as both organizations have not come to an agreement. There are also four new additions that are planned for Fiscal Year 2024/2025 and ongoing recruitments for nine vacant positions.
Enterprise Funds
The Enterprise Funds provide utility services such as water, sewer, solid waste, storm drain and street sweeping to the residents of Kerman. Revenues help cover the operating costs, debt obligations, repairs and replacement of infrastructure. A water, wastewater and storm drain rate study was conducted in Fiscal Year 2023/2024 in order to establish a five-year schedule for these rates that would help cover all the costs.
The total combined budgeted revenues of the Enterprise Funds for FY 2024/2025 are $7,160,627, which represents an increase of 3.66% percent or $252,564 when compared to estimated year end FY 2023/2024 budget. The increase is attributed to the Prop 218 rates that were approved this current FY. The table below has a summary of FY 2024/2025 and other prior fiscal years.
Description
Audited
2021/2022
Audited
2022/2023
Adopted
2023/2024
Estimated
Year End
Budget
2024/2025
Water $2,640,969 $5,644,773 $2,494,589 $2,615,913 $2,703,559 Sewer 1,907,400 2,050,026 1,892,985 1,951,870 1,969,897 Solid Waste 1,791,293 2,142,744 2,166,170 2,253,085 2,401,948 Storm Drain 82,201 86,259 82,430 87,212 85,224
Total Revenue $6,421,863 $9,923,801 $6,636,175 $6,908,081 $7,160,627 The operational expenditures of the Enterprise Funds are $7,252,997 for FY 2024/2025, compared to $6,936,325 estimated year end for FY 2023/2024, an increase of $316,672 or
4.6%. The table below has a summary of Fiscal Year 2024/2025 and other prior fiscal years. 491
Section 7, Item B.
Description
Audited
2021/2022
Audited
2022/2023
Adopted
2023/2024
Estimated
Year End
Budget
2024/2025
Water 1,960,140 2,138,364 2,257,157 2,329,294 2,583,583 Sewer 1,654,553 1,929,822 2,019,763 2,072,207 2,254,964 Solid Waste 1,735,398 2,030,649 2,087,748 2,066,302 2,245,668 Storm Drain 112,666 101,076 464,269 468,522 168,781
Total Expenditures $5,462,757 $6,199,910 $6,828,938 $6,936,325 $7,252,997 Internal Service Fund
Internal Service Funds provide goods and services to other funds, departments or agencies of the City. The charges to each City Operating Department is the source of income to cover the maintenance and operation costs for vehicles serviced by the Funds, such as gasoline, tire replacements, periodic maintenance/repair, and other operating costs for equipment such as computer supplies. It is also used to accumulate funds over time for the replacement of equipment.
The Fiscal Year 2024/2025 Internal Service Funds budget includes funding of $1,626,066 for personnel, contract services, operating supplies and the replacement of scheduled vehicles and computer equipment as needed. It also includes $1,208,848 in total revenues.
The table below illustrates Fiscal Year 2024/2025 and other prior fiscal years.
Description
Audited
2021/2022
Audited
2022/2023
Adopted
2023/2024
Estimated
Year End
Budget
2024/2025
Revenues
O & M $629,916 $582,482 $616,343 $616,343 $689,226
Replacements 265,040 168,650 383,517 383,517 399,426
Misc/Grants 60,450 117,840 101,887 1,887 120,059
Interest Earnings 46 166 200 200 137
Total Revenues $955,453 $869,137 $1,101,946 $1,001,946 $1,208,848 Expenditures
O & M 777,125 766,301 828,056 817,143 992,404
Replacements 387,134 488,974 776,022 559,964 633,662
Total Expenditures $1,164,259 $1,255,275 $1,604,077 $1,377,107 $1,626,066 Net to/From Revenues -$208,806 -$386,138 -$502,131 -$375,161 -$417,217 Special Revenue Funds and CIP
Special Revenue Funds are funded by grants, contributions, assessments and other sources that require the funds to be used for specific purposes or have special reporting requirements. A small portion of the revenue in these funds is used in the operational budgets, while most of the funds are transferred for use in the Capital Project budgets. The specific operational Special Revenue Funds budgets are included in the section of the department that manages the respective budget.
492
Section 7, Item B.
The following projects are scheduled for Fiscal Year 2024/2025; Water
1. Well No. 18
2. Well No. 14 Emergency Generator
3. Lions Park Recharge Project
4. Water Storage Tanks Maintenance
5. Water Meter Installation Project
6. Well No 12 TCP/Uranium Mitigation
7. Well No’s 14, 15 and 10 Rehabilitations
8. Basin C Groundwater Recharge Project
9. Well No 33 Test Well
Sewer
1. WWTP Office Expansion
2. WWTP Animal Shelter Demo/Shop Expansion
3. Goldenrod Lift Station Rehabilitation
4. T-8 Gorman Rupp Pump w/VFD
5. WWTP Impr Planning Grant
Storm Drain
1. Regrade B Street Basin
2. Basin J Expansion
Streets
1. Street Sealing Project(19/20), (21/22) (22/23)
2. Street Sealing Project (24/25)
3. FY 24/25 Street Rehabilitation Project - Various Streets
4. Annual Streets Lights Installation (1st Phase)
5. RSTP - Vineland Ave Widening (North) (025)
6. CMAQ - California Ave Sidewalk 9th to Vineland
7. Siskiyou Ave Rehab 180/Kearney
8. Goldenrod Ave Rehab Kearney/RR
9. HSIP Kearney Blvd Ped Crossing Improvements
10. Siskiyou Rehab - Kearney to California
11. Kearney Rehab - 16th to Goldenrod
12. Goldenrod Rehab - Stanislaus to Kearney
13. Kenneth Street Improvements
14. San Joaquin and Park Raised Crosswalk
15. Kerman ST ADA Transition Plan
FISCAL IMPACT: None
ATTACHMENTS: None
493
Section 7, Item B.