Agenda packet — Kerman City Council, May 22, 2024 (part 1 of 2)

CITY COUNCIL REGULAR MEETING AGENDA
Wednesday, May 22, 2024 at 6:00 PM
Kerman City Hall, 850 S. Madera Avenue, Kerman, CA 93630 LEVINE ACT DISCLOSURE. Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the City Council is required to disclose on the record any campaign contribution, including aggregated contributions, of more than $250 made by the party or the party’s agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well. The disclosure should be made when the agenda item is called and must include the name of the party, participant, or agent, and any other person making the contribution, the name of the recipient, the amount of the contribution, and the date the contribution was made. Council Members are also required to make such disclosures and recuse themselves.

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

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

D. Flag Salute

2. AGENDA APPROVAL/ADDITIONS/DELETIONS
To accommodate members of the public or convenience in the order of presentation, items on the agenda may not be presented or acted upon in the order listed.

3. PRESENTATIONS/CEREMONIAL MATTERS
A. National Public Works Week Proclamation (JAJ)
1 4. PUBLIC FORUM
This portion of the meeting is reserved for members of the public to address the Council on items of interest that are not on the Agenda and are within the subject matter jurisdiction of the Council.

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

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

A. SUBJECT: Minutes - May 8, 2024
RECOMMENDATION: Council approve minutes as presented.

B. SUBJECT: Warrants (JA)

1. Nos. 29270-29317 $496,228.45 ACH $827.23.

RECOMMENDATION: Council approve warrants and electronic bank transfers as presented. (Pursuant to Government Code 37208)
C. SUBJECT: Payroll (JA)
04/14/24 -04/27/24: $206,003.63; Retro Pay & Other: $0; Overtime: $5,343.84; Standby:
$1,870.15; Comp Time Earned: 43.50
RECOMMENDATION: Council approve payroll as presented.

D. SUBJECT: Monthly Investment Report
RECOMMENDATION: Council accept monthly investment report as presented.

E. SUBJECT: Second Reading and Adoption of Ordinance Text Amendment 2024-01 repealing Title 17 of the Kerman Municipal Code and addition of a new Title 17 to the Kerman Municipal Code (JRO)
RECOMMENDATIONS: That City Council:

1. Find that no additional environmental documentation beyond an Addendum is necessary for the Zoning Code update and adopt an Addendum to Program Environmental Impact Report Prepared for the City of Kerman 2040 General Plan (SCH #2019049018); and 2 2. Council waive full reading and adopt Ordinance Text Amendment 2024-01 repealing Title 17 of the Kerman Municipal Code and addition of a new Title 17 to the Kerman Municipal Code Relating to the Zoning Code.

F. 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.

6. PUBLIC HEARINGS
None.

7. DEPARTMENT REPORTS
A. 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.

B. 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.

8. CITY MANAGER/STAFF COMMUNICATIONS

9. MAYOR/COUNCIL REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS (This portion of the meeting is reserved for the Mayor and Council Members (i) to make brief reports on boards, committees, and other public agencies, and at public events, (ii)to request updates, (iii) to initiate future agenda items at the request of a Council Member, and (iv) to take action on matters initiated under this section of the agenda. items. Under this section the Council may take action only on items specifically agendized and which meet other requirements for action.) 3 10. CLOSED SESSION

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

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

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

Date: May 17, 2024 /s/ Josie Camacho, Interim City Clerk 4 National Public Works Week
May 19-25, 2024
WHEREAS, public works services are provided for our community are a vital and integral part of our citizens’ everyday lives; and
WHEREAS, the support of the community is vital to the efficient operation of public works systems and programs such as water, sewers, streets, fleet maintenance, building maintenance, wastewater treatment, and solid waste collection; and WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and services; and
WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design and construction, is vitally dependent upon the efforts and skill of public works officials; and
WHEREAS, the efficiency of the qualified personnel who staff the City’s Public Works Department are influenced by the people’s attitude and understanding of the importance of the work they perform.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Kerman hereby proclaim the week of May 19 - 25, 2024 as “National Public Works Week.” BE IT FURTHER RESOLVED that the City Council pays tribute to our public works professionals, director, supervisors, employees, and engineers, recognizing the substantial contributions they make to protecting our national health, safety, and quality of life.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Kerman to be affixed on this 22nd day of May 2024. _____________________________________
Maria Pacheco
Mayor
5 Section 3, Item A.

CITY COUNCIL REGULAR MEETING MINUTES
Wednesday, May 08, 2024 at 6:00 PM
Kerman City Hall, 850 S. Madera Avenue, Kerman, CA 93630

1. OPENING CEREMONIES
A. Welcome – Mayor
B. Call to Order - 6:00 p.m.

C. Roll Call - All present except Mayor Pro Tem Nijjer.

D. Invocation - Chief Tim Henry, NCFPD
E. Pledge of Allegiance - Performed.

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

3. PRESENTATIONS/CEREMONIAL MATTERS
A. Proclamation - Public Service Recognition Week - Presented by City Manager, John Jansons B. California Society of Municipal Finance Officers Award – Presented by Jean Rousseau, CSFMO C. Kerman Animal Shelter Award of Excellence - Presented by City Manager, John Jansons Recess 6:18 p.m.

Reconvene 6:20 p.m.

4. REQUEST TO ADDRESS COUNCIL
Ted Furnish

5. CONSENT CALENDAR
A. SUBJECT: Minutes - April 24, 2024
RECOMMENDATION: Council approve minutes as presented.
6 Section 5, Item A.

B. SUBJECT: Warrants (JA)

1. Nos. 29065-29153 $ 1,341,759.72 ACH $710.78
RECOMMENDATION: Council approve warrants and electronic bank transfers as presented. (Pursuant to Government Code 37208)
C. SUBJECT: Payroll (JA)
03/31/24 - 04/14/24: $216,275.90; Retro Pay & Other: $0.00; Overtime: $11,624.96; Standby:
$1,563.67; Comp Time Earned: 161.63
RECOMMENDATION: Council approve payroll as presented.

D. SUBJECT: Approve a reimbursement agreement with Kerman Unified School District (KUSD) for the construction of a segment of 12” master planned water main related to Well 18 (JG) RECOMMENDATION: Council by motion adopt resolution approving reimbursement agreement with Kerman Unified School District for installation of water main and authorizing the City Manager to sign. - Res. 24-35
E. SUBJECT: Agreement with Family Healing Center (SW)
RECOMMENDATION: Council by motion adopt resolution approving Memorandum of Understanding with Family Healing Center. - Res. 24-36
F. SUBJECT: Resolution Approving Updated 2024 Personnel Rules and Regulations (JAJ) RECOMMENDATION: Council by motion adopt resolution approving updated Personnel Rules and Regulations. - Res. 24-37
G. SUBJECT: Amendment to Agreement for Legal Services with Montoy Law Corporation (JAJ) RECOMMENDATION: Consider adoption of resolution approving Amendment No. 3 to agreement for legal services with Montoy Law Corporation adjusting rates effective July 1, 2024. - Res. 24-38
H. SUBJECT: Second Reading and Adoption of Ordinance Relating to Infectious Materials (JAJ) RECOMMENDATION: Council by motion waive second reading and adopt ordinance adding Chapter 8.44 to Title 8 of the Kerman Municipal Code relating to Infectious Materials. - Ord. 24- 03 Motion made by Council Member Coleman, Seconded by Council Member Yep. Voting Yea; Coleman, Yep, Herrera, Pacheco. Motion passes 4-0-1.

6. PUBLIC HEARINGS - None.
7 Section 5, Item A.

7. DEPARTMENT REPORTS
A. SUBJECT: Presentation and Review of Draft Emergency Operations Plan (JAJ) RECOMMENDATION: Council hear a presentation by Michael Brady, E.M. Consulting and discuss draft Emergency Operations Plan development, and next steps in Kerman emergency preparedness, with possible direction to staff. - Presented. Speakers: Dan Lynch and Chief Tim Henry
B. SUBJECT: Rules of Procedure for Conducting City Council Meetings (HCM) RECOMMENDATION: It is recommended that Council adopt resolution establishing Rules of Procedure for Conducting City Council Meeting. - Res. 24-39 Motion made by Council Member Yep, Seconded by Council Member Herrera. Voting Yea:

Yep, Herrera, Coleman, Pacheco. Motion passes 4-0-1.

8. CITY MANAGER/STAFF COMMUNICATIONS

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

10. CLOSED SESSION - 7:48 p.m.

A. A. Pursuant to Government Code Section 54957.6

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

CONFERENCE WITH LABOR NEGOTIATORS
Agency Designated Representatives: City Manager
Employee Organization: Kerman Peace Officers Association Reconvene 9:19 p.m. with no reportable action. Four members were present.

11. ADJOURNMENT - 9:19 p.m.

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

Date: May 9, 2024 /s/ Josie Camacho, Interim City Clerk 8 Section 5, Item A.

Accounts Payable
User:

Printed:

VSandoval
5/13/2024 10:52 AM
Checks by Date - Summary by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
29270 10021 ALERT O LITE 05/01/2024 474.33
29271 12537 AMERITAS GROUP INSURANCE CORP- DENTAL CLAIMS 05/01/2024 1,152.91 29272 10271 AVENU INSIGHTS & ANALYTICS 05/01/2024 24,267.36 29273 12424 MARIA BERBER 05/01/2024 150.00
29274 12308 JACLYNN CASTRO 05/01/2024 250.00
29275 10096 CHILDS AND COMPANY INC 05/01/2024 174.23
29276 11983 COLLEGE OF THE SEQUOIAS-PUBLIC SAFETY TRANING 05/01/2024 360.00 29277 10103 COLONIAL LIFE 05/01/2024 603.26
29278 11203 CONSERVATION MART LLC 05/01/2024 695.56
29279 10109 AUDITOR CONTROLLER/TREASURER-TAX COLLECTOR COUNTY OF FRESNO 05/01/2024 2,285.50 29280 10715 DC HEATING AND COOLING 05/01/2024 840.00
29281 12543 DG CONSTRUCTION INC, 05/01/2024 88,541.33
29282 10572 FRESNO CITY COLLEGE 05/01/2024 387.00
29283 10185 GRAINGER 05/01/2024 18.60
29284 11358 GREAT AMERICA FINANCIAL SERVICES05/01/2024 590.25 29285 10201 HORIZON 05/01/2024 990.27
29286 10514 ICAD INC 05/01/2024 1,490.00
29287 10226 JORGENSEN & CO 05/01/2024 1,534.14
29288 10235 KERMAN CULINARY ARTS 05/01/2024 1,423.26
29289 10239 KERWEST INC 05/01/2024 398.00
29290 12574 KRC SAFETY CO INC 05/01/2024 1,199.58
29291 10252 LITHIA FORD OF FRESNO 05/01/2024 289.94
29292 10260 METRO UNIFORM & ACCESSORIES 05/01/2024 803.42 29293 11442 MINTIER HARNISH LP 05/01/2024 5,034.00
29294 12587 IHSANULHAQ MOHAMMAD 05/01/2024 450.00
29295 10282 OFFICE DEPOT 05/01/2024 56.75
29296 10289 P.G.& E. 05/01/2024 5,882.70
29297 12586 ABRAHAN RIOSPEREZ 05/01/2024 400.00
29298 12536 JAVIER SEGURA 05/01/2024 587.61
29299 11650 SITEONE LANDSCAPE SUPPLY, LLC 05/01/2024 1,508.38 29300 12347 SUPER SMART SHOPPERS 05/01/2024 581.75
29301 10863 SWRCB 05/01/2024 55.00
29302 10363 THE BUSINESS JOURNAL 05/01/2024 1,750.00
29303 10754 THE HOME DEPOT PRO-SUPPLY WORKS05/01/2024 452.42 29304 12554 TOTER LLC 05/01/2024 5,516.57
29305 10844 WAUSAU TILE INC 05/01/2024 2,191.53
29306 10406 WEST HILLS OIL INC 05/01/2024 6,998.48
29307 12344 WHITE CAP LP 05/01/2024 930.70
Total for 5/1/2024: 161,314.83
29308 12588 CUSHMAN & WAKEFIELD WESTERN INC05/02/2024 18,500.00 29309 12589 MICHAEL BRADY 05/02/2024 29,000.00
Total for 5/2/2024: 47,500.00
29310 12593 JENNIFER COLEMAN 05/08/2024 115.32
AP Checks by Date - Summary by Check Date (5/13/2024 10:52 AM) Page 1 9 Section 5, Item B.

Check No Vendor No Vendor Name Check Date Check Amount
29312 UB*01813 RAUL ESPINOZA 05/08/2024 84.36
29313 UB*01812 DIANA KONOVALOV 05/08/2024 38.61
29314 UB*01809 ASHLEY LINARES TORRES 05/08/2024 128.32
29315 UB*01808 LILLIANA MARMOLEJO 05/08/2024 143.35
29316 UB*01810 PAUL RABADAN 05/08/2024 198.35
29317 UB*01811 MARK RODRIGUEZ 05/08/2024 234.24
Total for 5/8/2024: 942.55
29318 11387 LUISA AGUIRRE 05/09/2024 740.00
29319 10021 ALERT O LITE 05/09/2024 546.02
29320 12544 AMERICAN PAVING CO 05/09/2024 472.00
29321 12538 AMERITAS GROUP INSURANCE CORP- DENTAL FEES 05/09/2024 871.00 29322 12530 APOLLO HEALTH INC 05/09/2024 300.00
29323 11247 RAQUEL ARREDONDO 05/09/2024 329.54
29324 11355 BADGER METER 05/09/2024 270.69
29325 11137 BOUNCE HOUSE BONANZA 05/09/2024 1,340.00
29326 10617 C A REDING CO INC 05/09/2024 120.53
29327 12591 CLEAN CUT LANDSCAPE INC 05/09/2024 334.84
29328 10106 CON EDISON CLEAN ENERGY 05/09/2024 27,088.42 29329 12521 EDIS 05/09/2024 9,212.20
29330 11832 EPIC BUSINESS ESSENTIALS LLC 05/09/2024 46.41 29331 11398 FASTSIGNS 05/09/2024 169.97
29332 10157 FERGUSON ENTERPRISES INC 05/09/2024 141.32
29333 10572 FRESNO CITY COLLEGE 05/09/2024 534.00
29334 11550 FRESNO COUNTY SHERIFFS OFFICE - CIVIL UNIT 05/09/2024 137.00 29335 10162 FRESNO COUNTY TREASURER 05/09/2024 23,299.00 29336 12379 GILL CHEVROLET 05/09/2024 606.15
29337 10185 GRAINGER 05/09/2024 20.57
29338 12568 GRIMCO, INC 05/09/2024 3,282.81
29339 10514 ICAD INC 05/09/2024 3,078.90
29340 10226 JORGENSEN & CO 05/09/2024 1,697.64
29341 10678 MAC'S EQUIPMENT INC 05/09/2024 825.40
29342 12594 ORAIDA MEJIA 05/09/2024 450.00
29343 10261 MID VALLEY DISPOSAL INC 05/09/2024 144,475.81 29344 10266 MOORE TWINING ASSOCIATES INC 05/09/2024 185.00 29345 10282 OFFICE DEPOT 05/09/2024 865.97
29346 10289 P.G.& E. 05/09/2024 33,513.44
29347 10301 PETTY CASH 05/09/2024 309.86
29348 12053 R & L MUSIC ENT 05/09/2024 225.00
29349 10319 RENO'S HARDWARE 05/09/2024 179.54
29350 11046 REPTILE RON ANIMAL PRESENTATIONS05/09/2024 650.00 29351 12592 REXEL 05/09/2024 44.53
29352 12590 DALIA SANTANA ZAMUDIO 05/09/2024 38.00
29353 11506 SCA OF CA LLC 05/09/2024 11,031.50
29354 10332 SEBASTIAN 05/09/2024 3,216.87
29355 11650 SITEONE LANDSCAPE SUPPLY, LLC 05/09/2024 1,378.21 29356 10337 SLUMBERGER LUMBER 05/09/2024 1,381.63
29357 12368 SPECIALTY HOSE EXPRESS LLC 05/09/2024 44.33 29358 11907 SPRINGBROOK HOLDING COMPANY LLC05/09/2024 1,732.00 29359 11162 STATEWIDE TRAFFIC SAFETY & SIGNS05/09/2024 270.55 29360 11504 STORMAX 05/09/2024 428.05
29361 11460 SUPERIOR POOL PRODUCTS LLC 05/09/2024 777.54 29362 10378 ULINE INC 05/09/2024 972.48
29363 10168 UNITY IT 05/09/2024 5,204.08
29364 10387 USA BLUE BOOK 05/09/2024 950.97
29365 10391 VALLEY FARM SUPPLY STORES 05/09/2024 2,070.46 AP Checks by Date - Summary by Check Date (5/13/2024 10:52 AM) Page 2 10 Section 5, Item B.

Check No Vendor No Vendor Name Check Date Check Amount
29366 12290 VERIZON 05/09/2024 568.50
29367 11776 WECO INDUSTRIES LLC 05/09/2024 301.82
29368 12344 WHITE CAP LP 05/09/2024 567.75
Total for 5/9/2024: 287,298.30
Report Total (98 checks): 497,055.68
AP Checks by Date - Summary by Check Date (5/13/2024 10:52 AM) Page 3 11 Section 5, Item B.

CITY OF KERMAN

PAYROLL REPORT

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

ADMINISTRATION
Alvarez, Josefina $ 3,748.31 $ - 0 $ - 0 $ - 0 $ - $ 3,748.31 0.00 Camacho, Josie $ 3,219.85 $ - 0 $ - 0 $ - 0 $ - $ 3,219.85 4.88 Cheema, Akayla $ 2,804.31 $ - 6.1 $ 318.99 0 $ - 0 $ - $ 3,123.30 0.00 Garcia, Alex $ 1,584.62 $ - 3.09 $ 88.05 0 $ - 0 $ - $ 1,672.66 0.00 Gonzalez, Diana $ 3,730.97 $ - 0 $ - 0 $ - 0 $ - $ 3,730.97 0.00 Jansons, John $ 7,012.54 $ - 0 $ - 0 $ - 0 $ - $ 7,012.54 0.00 Leon, Ulysa $ 1,584.62 $ - 0 $ - 0 $ - 0 $ - $ 1,584.62 0.00 Linares, Vanessa $ 1,793.69 $ - 0 $ - 0 $ - 0 $ - $ 1,793.69 0.00 Lopez, Jacqueline $ 2,431.54 $ - 2.75 $ 122.80 0 $ - 0 $ - $ 2,554.34 0.00 Mendoza Hernandez, Ariana 2,009.23$ -$ 7.25 266.33$ 0 -$ 0 -$ $ 2,275.56 0.00 Sandoval, Veronica 1,793.69$ -$ 0 -$ 0 -$ 0 -$ $ 1,793.69 0.00 Santana Zamudio, Dalia 2,009.23$ -$ 0 -$ 0 -$ 0 -$ $ 2,009.23 4.50 TOTAL 33,722.58$ -$ 19.19 796.17$ 0 -$ 0 -$ $ 34,518.75 9.38

REC/SOCIAL
Acosta-Parra, Melany 112.00$ -$ 0 -$ 0 -$ 0 -$ $ 112.00 0.00 Aguilar, Corina -$ -$ 0 -$ 0 -$ 0 -$ -$ 0.00
Argumedo-Vargas, Frank -$ -$ 0 -$ 0 -$ 0 -$ -$ 0.00
Arredondo, Raquel 480.00$ -$ 0 -$ 0 -$ 0 -$ $ 480.00 0.00 Barrett, Shannon 2,019.13$ -$ 0 -$ 0 -$ 0 -$ $ 2,019.13 0.00 Beltran, Isabelle -$ -$ 0 -$ 0 -$ 0 -$ -$ 0.00
Brar, Manreet 152.00$ -$ 0 -$ 0 -$ 0 -$ $ 152.00 0.00
Burdine-Slaven, Jeanna 2,332.15$ -$ 0 -$ 0 -$ 0 -$ $ 2,332.15 0.00 Chouhan, Arnoop 216.00$ -$ 0 -$ 0 -$ 0 -$ $ 216.00 0.00 Chouhan, Gurnoor 224.00$ -$ 0 -$ 0 -$ 0 -$ $ 224.00 0.00 Cruz Paramo, Xitlali -$ -$ 0 -$ 0 -$ 0 -$ -$ 0.00
Escamilla, Paloma 168.00$ -$ 0 -$ 0 -$ 0 -$ $ 168.00 0.00 Flores, Haley 18.56$ -$ 0 -$ 0 -$ 0 -$ $ 18.56 0.00
Garcia, Anthony 1,778.31$ -$ 0 -$ 0 -$ 0 -$ $ 1,778.31 0.00 Gonzalez Corrales, Aleena 128.00$ -$ 0 -$ 0 -$ 0 -$ $ 128.00 0.00 Hurlbert, Ronald 408.00$ -$ 0 -$ 0 -$ 0 -$ $ 408.00 0.00 Jauriqui, Jose 594.00$ -$ 0 -$ 0 -$ 0 -$ $ 594.00 0.00
Johnson, Theresa 3,343.54$ -$ 0 -$ 0 -$ 0 -$ $ 3,343.54 0.00 Leon Morales, Yesenia 644.00$ -$ 0 -$ 0 -$ 0 -$ $ 644.00 0.00 Lemm, Kylie -$ -$ 0 -$ 0 -$ 0 -$ -$ 0.00
Lua, Daniela -$ -$ 0 -$ 0 -$ 0 -$ -$ 0.00
Lua, Joshua -$ -$ 0 -$ 0 -$ 0 -$ -$ 0.00
Lua, Miguelangel -$ -$ 0 -$ 0 -$ 0 -$ -$ 0.00
Lujan, Vanessa 442.00$ -$ 0 -$ 0 -$ 0 -$ $ 442.00 0.00
Manriquez Valdovinos, Ema 1,663.08$ -$ 0 -$ 0 -$ 0 -$ $ 1,663.08 0.00 Martinez, Aylah 688.88$ -$ 0 -$ 0 -$ 0 -$ $ 688.88 0.00 Martinez, Jeness 96.00$ -$ 0 -$ 0 -$ 0 -$ $ 96.00 0.00
Naranjo, Alexander -$ -$ 0 -$ 0 -$ 0 -$ -$ 0.00
Nazaroff, Rebekah -$ -$ 0 -$ 0 -$ 0 -$ -$ 0.00
Negrete, Dean 1,960.62$ -$ 0 -$ 0 -$ 0 -$ $ 1,960.62 0.00 Pena, Alexis -$ -$ 0 -$ 0 -$ 0 -$ -$ 0.00
Pena, Mercedes -$ -$ 0 -$ 0 -$ 0 -$ -$ 0.00
Ruiz, Rosalba 627.00$ -$ 0 -$ 0 -$ 0 -$ $ 627.00 0.00
Salvador, Mark 3,270.18$ -$ 0 -$ 0 -$ 0 -$ $ 3,270.18 0.00 Sidhu, Nirmal 180.02$ -$ 0 -$ 0 -$ 0 -$ $ 180.02 0.00
Silva, Jessica 80.00$ -$ 0 -$ 0 -$ 0 -$ $ 80.00 0.00
OVERTIME HOLIDAY at 1/2 STANDBY
PAY PERIOD: April 14, 2024 - April 27, 2024

Page 1 of 3 ends

Section 5, Item C.

CITY OF KERMAN

PAYROLL REPORT

RETRO PAY GROSS COMP TIME
EMPLOYEE SALARY & Other HOURS AMOUNT HOURS AMOUNT HOURS AMOUNT SALARY EARNED OVERTIME HOLIDAY at 1/2 STANDBY
PAY PERIOD: April 14, 2024 - April 27, 2024
Tovar, Jessica 480.00$ -$ 0 -$ 0 -$ 0 -$ $ 480.00 0.00
Villarreal, Arlene 2,500.62$ -$ 0 -$ 0 -$ 0 -$ $ 2,500.62 0.00 TOTAL 24,606.08$ -$ 0 -$ 0 -$ 0 -$ $ 24,606.08 0.00
POLICE
Arciga, Jose 3,736.23$ -$ 1.5 66.27$ 0 -$ 0 -$ $ 3,802.50 0.00 Barbosa, Isaias 3,498.53$ -$ 0 -$ 0 -$ 8 82.70$ $ 3,581.23 0.00 Barcoma, Wilbert 5,142.47$ -$ 0 -$ 0 -$ 0 -$ $ 5,142.47 0.00 Barra, Brenden 2,648.15$ -$ 0 -$ 0 -$ 0 -$ $ 2,648.15 4.50 Barrera, Eduardo 2,662.95$ -$ 2 95.11$ 0 -$ 0 -$ $ 2,758.06 0.00 Belding, Jeff 4,458.61$ -$ 3 235.51$ 0 -$ 0 -$ $ 4,694.11 0.00 Castro, Jaclynn 2,725.45$ -$ 0 -$ 0 -$ 0 -$ $ 2,725.45 0.00 Chapman, Tom 4,558.52$ -$ 0 -$ 0 -$ 0 -$ $ 4,558.52 0.00 Clark, Patrick 3,064.81$ -$ 20.5 $1,121.94 0 -$ 0 -$ $ 4,186.75 0.00 Cubillos, Munique 2,402.04$ -$ 0 -$ 0 -$ 0 -$ $ 2,402.04 0.00 Cubillos, Theresa 3,308.12$ -$ 0 -$ 0 -$ 0 -$ $ 3,308.12 7.50 Farr, Jonathan 2,536.17$ -$ 0 -$ 0 -$ 0 -$ $ 2,536.17 2.25 Garcia, Andrew 2,598.00$ -$ 0.5 15.46$ 0 -$ 0 -$ $ 2,613.46 0.00 Gempis, Danzel 2,356.62$ -$ 1 42.08$ 0 -$ 0 -$ $ 2,398.70 0.00 Gutierrez, Gloria 2,296.24$ -$ 0 -$ 0 -$ 0 -$ $ 2,296.24 0.00 Gutierrez, Luis 2,499.31$ -$ 0 -$ 0 -$ 0 -$ $ 2,499.31 0.00 Inthasone, Bryant 2,474.31$ -$ 0 -$ 0 -$ 0 -$ $ 2,474.31 0.00 Irazoqui, Mario -$ -$ 0 -$ 0 -$ 0 -$ -$ 0.00
Lim, Jim 2,598.67$ -$ 0 -$ 0 -$ 0 -$ $ 2,598.67 4.50
Lopez, Matt 170.00$ -$ 0 -$ 0 -$ 0 -$ $ 170.00 0.00
Lozano, Daniel 2,325.18$ -$ 6 305.18$ 0 -$ 0 -$ $ 2,630.35 0.00 Mendoza, Sandra 3,995.15$ -$ 3 212.69$ 0 -$ 6.5 76.80$ $ 4,284.64 0.00 Ramirez, Victoria 1,808.70$ -$ 1.5 45.22$ 0 -$ 0 -$ $ 1,853.91 0.00 Roth, Adriana 2,598.67$ -$ 0 -$ 0 -$ 0 -$ $ 2,598.67 0.00 Ruiz, Jose 2,478.03$ -$ 0 -$ 0 -$ 0 -$ $ 2,478.03 0.00
Vasquez, Francisco 2,440.53$ -$ 0 -$ 0 -$ 0 -$ $ 2,440.53 0.75 Velez, Bernice 1,906.50$ -$ 2.5 89.37$ 0 -$ 0 -$ $ 1,995.87 0.00 Wilkins, Steve 5,312.82$ -$ 0 -$ 0 -$ 0 -$ $ 5,312.82 0.00 TOTAL: 78,600.78$ -$ 41.5 $2,228.82 0 -$ 14.5 159.51$ $ 80,989.10 19.50

PUBLIC WORKS
Arrellano, Antonio 2,216.46$ -$ 0 -$ 0 -$ 0 -$ $ 2,216.46 0.00 Barajas, Michael 3,762.85$ -$ 0 -$ 0 -$ 0 -$ $ 3,762.85 0.00 Camacho, Armando 2,216.46$ -$ 1 40.62$ 0 -$ 0 -$ $ 2,257.08 0.00 Castro, Joseph 3,778.55$ -$ 0 -$ 0 -$ 0 -$ $ 3,778.55 0.00 Cervantes, Pedro 1,701.50$ -$ 0 -$ 0 -$ 0 -$ $ 1,701.50 0.00 Cruz Villalobos, Eulises 1,663.08$ -$ 0 -$ 0 -$ 0 -$ $ 1,663.08 0.00 Garcia, Destiny 2,417.69$ -$ 0 -$ 0 -$ 0 -$ $ 2,417.69 0.00 Garcia, Guadalupe 1,510.82$ -$ 0 -$ 0 -$ 0 -$ $ 1,510.82 0.00 Garcia Pina, Gilberto 1,663.08$ -$ 17 564.58$ 0 -$ 32 645.23$ $ 2,872.88 0.00 Gastelum, Humberto 3,270.18$ -$ 0 -$ 0 -$ 0 -$ $ 3,270.18 0.00 Gutierrez Olivarez, Norberto 1,867.38$ -$ 0 -$ 0 -$ 0 -$ $ 1,867.38 0.00 Hernandez, Julian 2,108.92$ -$ 0 -$ 0 -$ 0 -$ $ 2,108.92 0.00 Isaak, Denise 2,500.62$ -$ 0 -$ 0 -$ 0 -$ $ 2,500.62 0.00 Jimenez, Gabriela 1,828.31$ -$ 0 -$ 0 -$ 0 -$ $ 1,828.31 0.00 Kaur, Harmeen 2,437.08$ -$ 0 -$ 0 -$ 0 -$ $ 2,437.08 11.25

Page 2 of 3 ends

Section 5, Item C.

CITY OF KERMAN

PAYROLL REPORT

RETRO PAY GROSS COMP TIME
EMPLOYEE SALARY & Other HOURS AMOUNT HOURS AMOUNT HOURS AMOUNT SALARY EARNED OVERTIME HOLIDAY at 1/2 STANDBY
PAY PERIOD: April 14, 2024 - April 27, 2024
Lopez, Josue $ 2,029.08 $ - 0 $ - 0 $ - 0 $ - $ 2,029.08 0.00 Morales, Andres $ 2,359.08 $ - 0 $ - 0 $ - 0 $ - $ 2,359.08 0.00 Ortiz, Carlos $ 2,324.46 $ - 0 $ - 0 $ - 0 $ - $ 2,324.46 0.00 Perez, Ruben Lopez $ 2,166.46 $ - 1 $ 40.62 0 $ - 0 $ - $ 2,207.08 0.00 Ramirez, Manuel $ 3,137.68 $ - 0 $ - 0 $ - 0 $ - $ 3,137.68 0.00 Sanchez, Daniel $ 3,114.71 $ - 0 $ - 0 $ - 0 $ - $ 3,114.71 1.50 Sanchez, Joseph $ 970.05 $ - 0 $ - 0 $ - 0 $ - $ 970.05 0.00 Soto, Samuel $ 2,236.77 $ - 0 $ - 0 $ - 0 $ - $ 2,236.77 0.00 Tinoco, Alfonso $ 2,713.54 $ - 29.5 $564.58 0 $ - 32 $1,065.42 $ 5,451.99 0.00 Valdivia, Blanco $ 1,764.55 $ - 0 $ - 0 $ - 0 $ - $ 1,764.55 0.00 TOTAL $57,759.35 $ - 48.5 $2,318.85 0 $ - 64 $1,710.65 $ 61,788.85 12.75

PLANNING
Belmonte, Ruth $ 2,464.77 $ - 0 $ - 0 $ - 0 $ - $ 2,464.77 0.00 Campos, Manuel $ 2,622.15 $ - 0 $ - 0 $ - 0 $ - $ 2,622.15 1.88 Gomez, Juliana $ 994.50 $ - 0 $ - 0 $ - 0 $ - $ 994.50 0.00 Meza, Isela $ 128.00 $ - 0 $ - 0 $ - 0 $ - $ 128.00 0.00 Orozco, Jesus $ 3,763.92 $ - 0 $ - 0 $ - 0 $ - $ 3,763.92 0.00 Zamora, Karina $ 841.50 $ - 0 $ - 0 $ - 0 $ - $ 841.50 0.00 TOTAL $10,814.85 $ - 0 $ - 0 $ - 0 $ - $ 10,814.85 1.88

PLANNING COUNCIL
Bandy, R -$ Yep, G -$
Molloy, Cory -$ Herrera, I $ 125.00
Nehring, K -$ Nijjer, B $ 125.00
Felker, R -$ Coleman, J $ 125.00
Bishop, S -$ Pacheco, M $ 125.00
Total -$ Total $ 500.00
GRAND TOTAL: $206,003.63 $0.00 109.19 $5,343.84 0 $0.00 78.5 $1,870.15 $213,217.63 43.50

Page 3 of 3 ends

Section 5, Item C.

Golman Sachs BK NY 615-030525-245 2.30% 7/26/17 7/26/22 98,000.00 (98,000.00) - - - Citibank Sioux Falls SD 615-030525-245 3.15% 8/14/18 8/15/22 98,000.00 (98,000.00) - - - Sallie Mae Bank 615-030525-245 2.65% 2/8/18 2/8/23 51,000.00 (51,000.00) - - - Synchrony Draper UT 615-030525-245 3.00% 4/20/18 4/20/23 96,000.00 (96,000.00) - - - Morgan Stanley Bank 615-030525-245 3.30% 7/12/18 7/12/23 240,000.00 (240,000.00) - - 3,927.45 Citibank 615-030525-245 3.30% 8/3/18 8/3/23 97,000.00 (97,000.00) - - 1,587.35 UBS Bank Salt Lake 615-030525-245 3.35% 10/5/18 10/5/23 98,000.00 (98,000.00) - - 1,097.34 Goldman Sachs Bank NY 615-030525-245 3.15% 2/6/19 2/6/24 48,000.00 (48,000.00) - - 1,512.00 Beal Bank USA Las Vegas Nev CFT 615-030525-245 1.55% 3/9/22 3/6/24 248,000.00 (248,000.00) - - 3,822.94 Ally Bank Sandy Utah 615-030525-245 2.55% 4/28/22 4/29/24 205,000.00 (205,000.00) - - 5,256.14 Barclays Bank Del Retail 615-030525-245 2.85% 6/2/22 6/3/24 245,000.00 245,000.00 244,436.50 3,500.82 American Express National Bank 615-030525-245 3.30% 6/29/22 7/1/24 245,000.00 245,000.00 244,147.40 4,053.58 Capital One National Mclean 615-030525-245 3.30% 6/29/22 7/1/24 245,000.00 245,000.00 244,147.40 4,053.58 Customers Bank Phoenixville PA 615-030525-245 4.70% 2/16/23 8/16/24 250,000.00 250,000.00 249,430.00 11,750.00 Charles Schwab Bank 615-030525-245 5.20% 3/7/23 9/16/24 250,000.00 250,000.00 249,837.50 13,035.61 Wells Fargo Bank in Sioux Falls 615-030525-245 4.35% 10/14/22 10/15/24 249,000.00 249,000.00 247,891.95 9,051.00 Morgan Stanley Private National Bank 615-030525-245 4.80% 4/20/23 10/21/24 244,000.00 244,000.00 243,382.68 11,744.08 Western Alliance Bank 615-030525-245 4.85% 4/13/23 10/21/24 244,000.00 244,000.00 243,343.64 11,866.42 Brookline Bank Mass 615-030525-245 5.30% 8/30/23 10/30/24 248,000.00 248,000.00 248,000.00 8,786.68 Morgan Stanley Bank 615-030525-245 5.20% 8/30/23 3/3/25 243,000.00 243,000.00 242,982.99 6,335.31 Bank of Wisonsin 615-030525-245 5.40% 9/27/23 4/2/25 248,000.00 248,000.00 248,488.56 6,714.33 Merrick Bank 615-030525-245 5.40% 9/27/23 4/4/25 248,000.00 248,000.00 248,496.00 6,714.33 Synchrony Bank 615-030525-245 5.50% 11/3/23 5/5/25 243,000.00 243,000.00 243,794.61 - Bank of America 615-030525-245 5.50% 11/8/24 5/8/25 243,000.00 243,000.00 243,767.88 - State Bank of India 615-030525-245 1.10% 5/28/20 5/28/25 248,000.00 248,000.00 237,613.76 1,375.21 Capital One National National 615-030525-245 3.35% 6/29/22 6/30/25 245,000.00 245,000.00 240,097.55 4,114.99 Pacific Member Bank Irvine 615-030525-245 5.00% 3/15/24 9/15/25 243,000.00 243,000.00 242,577.18 - Discover Bank Greenwood 615-030525-245 3.55% 9/20/22 9/22/25 245,000.00 245,000.00 239,962.80 8,721.33 BMW Bank North Amer Salt Lake 615-030525-245 0.50% 9/25/20 9/25/25 249,000.00 249,000.00 233,641.68 1,248.41 Bank of Hapoalim B M New York 615-030525-245 5.05% 4/24/24 10/29/25 200,000.00 200,000.00 199,874.00 US Government Bonds
Federal Home Loan Bank 615-030525-245 4.00% 9/23/22 9/23/24 500,000.00 500,000.00 496,845.00 20,000.00 Federal Home Loan Bank 615-030525-245 5.05% 1/30/23 1/28/25 500,000.00 500,000.00 498,680.00 25,109.72 Federal Home Loan Bank 615-030525-245 5.10% 1/30/23 1/28/26 500,000.00 500,000.00 498,120.00 25,358.33 United Security Bank CD
United Security Bank 1317802 4.75% 2/2/24 2/2/26 250,000.00 250,000.00 250,000.00 - Average Rate 4.30%
Total CD's 5,738,000.00 887,000.00 - 6,625,000.00 6,579,559.08 200,932.20 15 Section 5, Item D.

CITY OF KERMAN
CD/Securities Portfolio
As of April 30, 2024 6/30/2023 6/30/2024 FY to Date
Interest Rate/ Opening Maturity Book Additions/ Book Interest Institution Account Number Trans. Date Date Date Balance (Deletions) Cashed In Balance Fair Value Paid Securities America Sweep Program
Beginning Balance - -
Transfers In/(Out) 7/6/23 269.84 269.84
7/13/23 243,927.45 243,927.45
7/14/23 12.06 12.06
7/17/23 890.26 890.26
7/28/23 (220,006.56) (220,006.56)
7/31/23 (25,093.05) (25,093.05)
7/31/23 34.06 34.06
8/4/23 98,587.35 98,587.35
8/8/23 1,028.62 1,028.62
8/15/23 933.15 933.15
8/17/23 5,826.71 5,826.71
8/30/23 (106,409.89) (106,409.89)
8/31/23 26.81 26.81
9/1-9/26/23 24,703.61 24,703.61
9/26/23 (24,729.46) (24,729.46)
10/1-10/31 112,157.47 112,157.47
10/30/23 (112,140.28) (112,140.28)
11/1-11/30 246,219.90 246,219.90
11/3/24 (18.15) (18.15)
11/8/23 (243,000.00) (243,000.00)
11/29/23 (3,219.50) (3,219.50)
12/1-12/31 6,594.11 6,594.11
12/1/23 (0.40) (0.40)
12/27/23 (6,593.54) (6,593.54)
1/2-1/17 16,499.25 16,499.25
1/30/24 (15,383.48) (15,383.48)
2/1-2/27 (1,116.34) (1,116.34)
2/29/24 7,415.64 7,415.64
3/1-3/31 (7,421.70) (7,421.70)
4/1-4/30 (1,110.28) (1,110.28)
- (1,116.34) - (1,116.34) (1,116.34) -
16 Section 5, Item D.

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

4.00% 1/12/24 124,287.89 124,287.89 124,287.89

4.30% 4/15/24 140,569.77 140,569.77 140,569.77
Transfers In/(Out) -
3/21/24 5,000,000.00 5,000,000.00
-
Total - LAIF 3.76% 12,165,605.11 5,470,940.58 - 17,636,545.69 17,636,545.69 470,940.58 Central Valley Money Market Acct 015030960
Beginning Balance 8,640,558.56 8,640,558.56
Interest 7/31/23 587.08 587.08 587.08
8/31/23 587.12 587.12 587.12
9/29/23 549.28 549.28 549.28
10/31/23 606.14 606.14 606.14
11/30/23 568.30 568.30 568.30
12/31/23 549.39 549.39 549.39
1/31/24 625.21 625.21 625.21
2/29/24 549.47 549.47 549.47
3/31/24 439.91 439.91 439.91
4/30/24 255.69 255.69 255.69
Transfers In/(Out) -
3/21/24 (5,000,000.00) (5,000,000.00)
-

0.08% -
8,640,558.56 (4,994,682.41) - 3,645,876.15 3,645,876.15 5,317.59 Subtotal All City Investments 2.71% 26,544,163.67 1,363,258.17 - 27,907,421.84 27,861,980.92 677,190.37 26,544,163.67 1,362,141.83 - 27,906,305.50 27,860,864.58 677,190.37 Market Value Adjustment (45,440.92)
1,362,141.83
1,362,141.83

0.00 Total Investments
17 Section 5, Item D.

STAFF REPORT
MEETING DATE: May 22, 2024
PRESENTER: Jesus R. Orozco, Community Development Director SUBJECT: Second Reading and Adoption of Ordinance Text Amendment 2024-01 repealing Title 17 of the Kerman Municipal Code and addition of a new Title 17 to the Kerman Municipal Code (JRO)
RECOMMENDATIONS: That City Council:

2. Council waive full reading and adopt Ordinance Text Amendment 2024-01 repealing Title 17 of the Kerman Municipal Code and addition of a new Title 17 to the Kerman Municipal Code Relating to the Zoning Code.

EXECUTIVE SUMMARY:

At the April 24, 2024, meeting, the Council held a public hearing and introduced Ordinance Text Amendment (OTA) 2024-01 repealing the existing Zoning Code to replace with a new Zoning Code Title 17 (“the Zoning Code”) of the Kerman Municipal Code. At that time, Staff had requested minor modifications to the Zoning Code not previously considered by the Planning Commission. City Council introduced OTA 2024-01 with the recommended minor modifications subject to the Planning Commission’s report and recommendation consistent with KMC Section

17.26.060.

At the May 13, 2024, meeting, the Planning Commission considered the minor modifications referred by the City Council. At said meeting, the Planning Commission determined the minor modifications were consistent with the original intent of OTA 2024-01 and adopted Resolution 2024-11, included as Attachment ‘B’, recommending the Council adopt OTA 2024-01 with the Council’s referred minor modifications.

The analysis prepared for OTA 2024-01 presented before the Council at the April 24, 2024 has been included as Attachment 'C’.
18 Section 5, Item E.

ENVIRONMENTAL REVIEW:

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

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

FISCAL IMPACT:

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

ATTACHMENTS:

A. Ordinance Text Amendment 2024-01 w/Exhibit ‘A-1’ (Zoning Code) B. Planning Commission Resolution No. 2024-11
C. Ordinance Text Amendment Analysis
D. PEIR Addendum
19 Section 5, Item E.

Attachment ‘A’
ORDINANCE NO. 24-___

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

THE KERMAN MUNICIPAL CODE RELATING TO CITY OF KERMAN ZONING CODE WHEREAS, the City of Kerman was awarded $160,000 under the SB 2 Planning Grants Program to promote development consistent with the State’s planning priorities; and WHEREAS, the City, with the assistance of a professional services consultant prepared a comprehensive update to Title 17 of the Kerman Municipal Code (the City’s Zoning Code); and WHEREAS, after a public review period of thirty days, on March 18, 2024, the City of Kerman Planning Commission conducted a duly noticed public hearing on the proposed Ordinance Text Amendment repealing Title 17 of the Kerman Municipal Code and adding a new Title 17 to the Kerman Municipal Code relating to the Zoning Code, and all interested persons were given an opportunity to be heard; and
WHEREAS, at the public hearing, the Planning Commission received and considered the staff report and all the information, evidence, and testimony presented in connection with the proposed Ordinance Text Amendment; and
WHEREAS, the Planning Commission adopted Resolution 2024-07 recommending that the Council adopt an Ordinance Text Amendment repealing Title 17 of the Kerman Municipal Code and adding a new Title 17 to the Kerman Municipal Code relating to the Zoning Code and adopt an Addendum to Program Environmental Impact Report Prepared for the City of Kerman 2040 General Plan (SCH #2019049018) as authorized by the California Environmental Quality Act; and WHEREAS, the City Council subsequently conducted a duly noticed public hearing on April 24, 2024, to consider an Ordinance Text Amendment repealing Title 17 of the Kerman Municipal Code and adding a new Title 17 to the Kerman Municipal Code and Addendum to Program Environmental Impact Report Prepared for the City of Kerman 2040 General Plan (SCH #2019049018) as recommended by the Planning Commission; and WHEREAS, Staff presented several minor modifications to the Zoning Code not previously considered by the Planning Commission at said City Council public hearing; and WHEREAS, the City Council introduced OTA 2024-01 with minor modifications and referral back to the Planning Commission for its report and recommendation on said minor modifications consistent with KMC Section 17.26.060; and 20 Section 5, Item E.

WHEREAS, the Planning Commission adopted Resolution 2024-11 recommending City Council adopt OTA 2024-01 with the City Council’s referred minor modifications; and WHEREAS, the City Council finds that all legal pre-requisites required under Chapter 17.26 of the Kerman Municipal Code for consideration of the Ordinance Text Amendment recommended by the Planning Commission have occurred, including notice as required by law; and
WHEREAS, after due consideration, the City Council now desires to adopt an Ordinance Text Amendment repealing Title 17 of the Kerman Municipal Code and adding a new Title 17 to the Kerman Municipal Code relating to the Zoning Code and adopt an Addendum to Program Environmental Impact Report Prepared for the City of Kerman 2040 General Plan (SCH #2019049018) pursuant to the California Environmental Quality Act.

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

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

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

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

SECTION 4. CEQA. The City Council finds that the City prepared a Program Environmental Impact Report (PEIR) (SCH #2019049018) for the 2040 General Plan to assess the potential significant environmental impacts that could result from the implementation of the 2040 General Plan. The PEIR identified that implementation of the General Plan would require a subsequent update of the City’s zoning code to implement the General Plan, which was also contemplated by the PEIR prepared for the General Plan. Under CEQA Guidelines Section 15168(c), the zoning code update may rely on the PEIR as it is a furtherance of the plans and other general criteria established by the General Plan. Based on an examination of the zoning code update in light of the PEIR, the City Council finds that no additional environmental documentation beyond an Addendum to the same is required to be prepared for the zoning code update as none of the criteria of CEQA Guidelines Section 15168(c) have been met in that: i) the update would not have an effect that were not examined in the PEIR; ii) under CEQA Guidelines sections 15162 and 15164, none of the findings for a subsequent EIR would be required; iii) any feasible mitigation developed in the PEIR were incorporated in the zoning code update, or there was no applicable mitigation; iv) the zoning code update does not involve site21 Section 5, Item E.
specific operations for which evaluation of a checklist would be warranted, as the zoning code is of City-wide effect; and v) the update of the zoning code was a specifically planned activity to implement in the General Plan.

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

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

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

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

SECTION 8. Effective Date. This ordinance shall become effective thirty (30) days after the date of adoption.
22 Section 5, Item E.

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
23 Section 5, Item E.

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

FINAL DRAFT
May 2024

CITY OF KERMAN
EXHIBIT 'A-1'
ORDINANCE NO. 24-01
24 Section 5, Item E.

PREPARED BY:
25 Section 5, Item E.

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

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

17.02.010 Title

17.02.020 Purpose and Authority

17.02.030 Applicability

17.02.040 Relationship to Prior Code

17.02.050 Relationship to General Plan

17.02.060 Severability, Partial Invalidation of Zoning Code CHAPTER 17.04 – INTERPRETATION OF THE ZONING CODE

17.04.010 Purpose

17.04.020 Rules of Interpretation

17.04.030 Uses Not Classified

17.04.040 Conflicting Uses and Requirements

17.04.050 Headings and Illustrations
CHAPTER 17.06 – ZONES AND ZONING MAP

17.06.010 Purpose and Intent

17.06.020 Establishment of Zones

17.06.030 Zoning Map

17.06.040 Determination of Boundaries

17.06.050 Uncertainty of Boundaries
26 Section 5, Item E.

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

STANDARDS
CHAPTER 17.10 – RESIDENTIAL ZONES

17.10.010 Purpose and Intent of Residential Zones

17.10.020 Residential Zones and Land Use Regulations

17.10.030 Residential Zones Development Standards

17.10.040 Accessory Structures

17.10.050 Signs

17.10.060 Fences, Walls, and Hedges

17.10.070 Parking

17.10.080 Recreation and Open Space

17.10.090 Site Plan Review

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

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

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

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

17.12.040 Accessory Structures

17.12.050 Signs

17.12.060 Fences, Walls, and Hedges

17.12.070 Parking

17.12.080 Site Plan Review
CHAPTER 17.14 – INDUSTRIAL ZONES

17.14.010 Purpose and Intent of Industrial Zones

17.14.020 Industrial Zones Land Use Regulations

17.14.030 Industrial Zones Development Standards

17.14.040 Accessory Structures

17.14.050 Signs

17.14.060 Fences, Walls, and Hedges

17.14.070 Parking

17.14.080 Site Plan Review
CHAPTER 17.16 – PUBLIC AND QUASI-PUBLIC ZONES

17.16.010 Purpose and Intent of Public and Quasi-Public Zones

17.16.020 Public and Quasi-Public Zones Land Use Regulations

17.16.030 Public and Quasi-Public Zones Development Standard

17.16.040 Signs

17.16.050 Fences, Walls, and Hedges
27 Section 5, Item E.

Table of Contents
3 City of Kerman

17.16.060 Parking
CHAPTER 17.18 – COMBINING ZONES

17.18.010 Purpose and Intent of Combining Zones

17.18.020 Planned Development Combining Zone (-PD)

17.18.030 Smart Development Combining Zone (-SD)

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

17.20.010 Purpose

17.20.020 Street Improvements

17.20.030 Clear Vision Triangle

17.20.040 Solid Waste and Recycling Enclosures

17.20.050 Undergrounding of Utilities
CHAPTER 17.22 – ACCESSORY STRUCTURES

17.22.010 Purpose

17.22.020 Prohibited Uses

17.22.030 Agricultural Accessory Structures

17.22.040 Commercial Accessory Structures

17.22.050 Industrial Accessory Structures

17.22.060 Residential Accessory Structures
CHAPTER 17.24 – FENCES, WALLS, AND HEDGES

17.24.010 Applicability

17.24.020 Height Limitations

17.24.030 Fence Materials

17.24.040 Required Walls
CHAPTER 17.26 – LANDSCAPING

17.26.010 Purpose

17.26.020 Applicability

17.26.030 Water Efficient Landscape Ordinance

17.26.040 General Landscaping Standards

17.26.050 Landscape Area Requirements

17.26.060 Artificial Turf

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

17.28.010 Purpose and Applicability

17.28.020 Building Permit
28 Section 5, Item E.

Zoning Code
4 Title 17

17.28.030 General Provisions

17.28.040 Number of Spaces Required

17.28.050 Compact Parking Spaces

17.28.060 Accessible Parking Spaces

17.28.070 Reduction of Parking Requirements

17.28.080 Recreational Vehicle Parking in Residential Zones

17.28.090 Off-Site Designated Parking

17.28.100 Parking Facility Design Standards

17.28.110 Off-Street Loading Requirements
CHAPTER 17.30 – SIGN REGULATIONS

17.30.010 Purpose and Applicability

17.30.020 Standards for Permitting Requirements

17.30.030 Signs Subject to a Conditional Use Permit

17.30.040 Exempt Signs

17.30.050 Prohibited Signs

17.30.060 Temporary Signs

17.30.070 Signs Allowed by Zone

17.30.080 Specific Use Signs

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

17.30.100 Master Sign Program

17.30.110 Minor Deviations and Variances

17.30.120 Nonconforming signs
CHAPTER 17.32 – HISTORIC PRESERVATION (RESERVED)

17.32.010 TBD

17.32.020 TBD

17.32.030 TBD

17.32.040 TBD

17.32.050 TBD

17.32.060 TBD

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

17.40.010 Accessory Dwelling Unit (ADU)

17.40.020 Recycling Facilities

17.40.030 Emergency Shelter

17.40.040 Home Occupation

17.40.050 Mobile Home Park

17.40.060 Mobile and Temporary Office Structures

17.40.070 Wireless Telecommunication Facilities
29 Section 5, Item E.

City of Kerman Table of Contents
5 CHAPTER 17.42 – DENSITY BONUSES

17.42.010 Purpose

17.42.020 Eligibility and Requirements

17.42.030 Amount of Density Bonus

17.42.040 Continued Affordability

17.42.050 Allowed Incentives and Concessions

17.42.060 Standards for Affordable Units

17.42.070 Donations of Land

17.42.080 Waivers or Reductions of Development Standards

17.42.090 Reduced Parking Requirements

17.42.100 Housing with Childcare Facilities

17.42.110 Application and Review

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

17.44.010 Purpose and Intent

17.44.020 Findings

17.44.030 Definitions

17.44.040 Relationship to Other Laws

17.44.050 Prohibition of Marijuana Cultivation

17.44.060 Consumption of Medical Marijuana

17.44.070 Dispensary as a Prohibited Use

17.44.080 Public Nuisance Declared

17.44.090 Violation and Penalty

17.44.100 Severance
CHAPTER 17.46 – MULTI-UNIT DWELLING OBJECTIVE DESIGN STANDARDS

17.46.010 Purpose and Intent

17.46.020 Applicability

17.46.030 Approval Authority

17.46.040 Site Planning and Design

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

17.48.010 Reserved
CHAPTER 17.50 – ALCOHOL BEVERAGE SALES USES

17.50.010 Purpose

17.50.020 Applicability

17.50.030 Modifications to Existing Businesses

17.50.040 Location Standards for New Businesses

17.50.050 Operational Standards
30 Section 5, Item E.

Zoning Code
6 Title 17

17.50.060 Signs
ARTICLE 5 NONCONFORMITIES
CHAPTER 17.60 – GENERAL NONCONFORMING PROVISIONS

17.60.010 Purpose and Intent

17.60.020 Applicability

17.60.030 Determination, Establishment, and Proof of Legal Nonconforming Status

17.60.040 Continuation, Maintenance, and Repair

17.60.050 Termination of Nonconformities
CHAPTER 17.62 – NONCONFORMING PARCELS

17.62.010 Use of Legal Nonconforming Parcels

17.62.020 Expansion and Continuance

17.62.030 Subdivision of Legal Nonconforming Parcels

17.62.040 Merger of Nonconforming Parcels
CHAPTER 17.64 – NONCONFORMING USES

17.64.010 Continuation of Legal Nonconforming Uses

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

17.70.010 Purpose and Intent

17.70.020 Permits, Procedures, and Actions

17.70.030 Additional Permits May Be Required
CHAPTER 17.72 – APPLICATION PROCESSING PROCEDURES

17.72.010 Application

17.72.020 Additional Information

17.72.030 Fees
CHAPTER 17.74 – ZONING CLEARANCE

17.74.010 Purpose

17.74.020 Applicability

17.74.030 Review and Decision
CHAPTER 17.76 – REASONABLE ACCOMMODATION

17.76.010 Purpose

17.76.020 Applicability

17.76.030 Application Filing, Processing, and Review

17.76.040 Findings and Decision
31 Section 5, Item E.

Table of Contents
7 City of Kerman

17.76.050 Conditions of Approval

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

17.78.010 Purpose

17.78.020 Application

17.78.030 Actions by Director

17.78.040 Appeals

17.78.050 Conditions of Approval

17.78.060 Revocation and Modification
CHAPTER 17.80 – SITE PLAN REVIEW PERMIT

17.80.010 Purpose

17.80.020 Applicability

17.80.030 Building Permit Required

17.80.040 Application Filing and Contents

17.80.050 Findings and Decision

17.80.060 Appeals

17.80.070 Site Plan Agreement
CHAPTER 17.82 – ADMINISTRATIVE USE PERMIT

17.72.010 Purpose and Intent

17.72.020 Applicability

17.72.030 Review Authority

17.72.040 Application Filing, Processing, and Review

17.72.050 Findings and Decision

17.72.060 Conditions of Approval

17.72.070 Noticing and Public Hearing

17.72.080 Appeal Procedures

17.72.090 Permit to Run with the Land

17.72.100 Modifications to an Approved Permit
CHAPTER 17.84 – CONDITIONAL USE PERMIT

17.84.010 Purpose

17.84.020 Application

17.84.030 Actions

17.84.040 Decision

17.84.050 Appeals

17.84.060 Conditions of Approval

17.84.070 Lapse of Conditional Use Permit

17.84.080 Renewal of Conditional Use Permit

17.74.090 Revocation or Modification
32 Section 5, Item E.

Zoning Code
8 Title 17
CHAPTER 17.86 – TEMPORARY USE PERMIT

17.86.010 Purpose

17.86.020 Applicability

17.86.030 Application

17.86.040 Uses and Activities

17.86.050 Ineligible Temporary Uses

17.86.060 Revocation and Modification

17.86.070 Permit Renewal
CHAPTER 17.88 – VARIANCE PERMIT

17.88.010 Purpose

17.88.020 Application Filing

17.88.030 Action by the Commission

17.88.040 Action

17.88.050 Appeals

17.88.060 Conditions of Approval
CHAPTER 17.90 – MINOR MODIFICATION PERMIT

17.90.010 Application

17.90.020 Review and Action
CHAPTER 17.92 – DEVELOPMENT AGREEMENTS

17.92.010 Purpose and Intent

17.92.020 Authority

17.92.030 General Plan Consistency

17.92.040 Application

17.92.050 Review and Approval

17.92.060 Commission Hearing

17.92.070 Council Hearing

17.92.080 Initiation of Amendment or Cancellation

17.92.090 Recordation of Agreement

17.92.100 Review of Agreement
CHAPTER 17.94 – PERMIT MODIFICATION AND REVOCATION

17.94.010 Amendments to Approved Permits

17.94.020 Grounds for Revocation or Modification

17.94.030 Modification of Permits

17.94.040 Initiation

17.94.050 Public Hearing Requirements

17.94.060 Hearings

17.94.070 Appeal

17.94.080 Hearing by Council
33 Section 5, Item E.

City of Kerman Table of Contents
9 CHAPTER 17.96 – DEVELOPMENT PLAN REVIEW PERMIT

17.96.010 Purpose

17.96.020 Applicability

17.96.030 Building Permit Required

17.96.040 Application Filing and Contents

17.96.050 Action

17.96.060 Resolution for Decision

17.96.070 Appeals

17.96.080 Conditions of Approval

17.96.090 Development Standards

17.96.100 Lapse of Development Plan Permit

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

17.98.010 Purpose

17.98.020 Applicability

17.98.030 Administration

17.98.040 Exemptions

17.98.050 Environmental Review

17.98.060 Review Authority for the CEQA Finding

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

17.110.010 Purpose

17.110.020 City Council

17.110.030 Planning Commission

17.110.040 Community Development Director

17.110.050 Development Review Committee (DRC)

17.110.060 Administrative Responsibility Overview
CHAPTER 17.112 – AMENDMENTS

17.112.010 Purpose

17.112.020 Initiation of Amendment

17.112.030 Public Hearings

17.112.040 Commission’s Action

17.112.050 Council Action

17.112.060 New Application

17.112.070 Mapping

17.112.080 Urgency Zoning Code Amendments
34 Section 5, Item E.

Zoning Code
10 Title 17
CHAPTER 17.114 – APPEALS

17.114.010 Purpose

17.114.020 Applicability

17.114.030 Appeal Timeline

17.114.040 Effect of Filing Notice of Appeal

17.114.050 Contents of Notice

17.114.060 Actions

17.114.070 Director Appeal

17.114.080 Automatic Appeals
CHAPTER 17.116 – PUBLIC NOTICES AND HEARINGS

17.116.010 Purpose

17.116.020 Noticing Requirements for Zoning Code Amendments

17.116.030 Noticing Requirements for Permits

17.116.040 Failure to Receive Notice

17.116.050 Notification of More than 1,000 Property Owners

17.116.060 Notification of Public Agencies
CHAPTER 17.118 – ENFORCEMENT AND VIOLATIONS

17.118.010 Purpose

17.118.020 Administrative Officials

17.118.030 Compliance with Code

17.118.040 Inspection

17.118.050 Compliant Regarding Violation

17.118.060 Penalty
ARTICLE 8 DEFINITIONS
CHAPTER 17.120 – DEFINITIONS

17.130.010 “A” Definitions

17.130.020 “B” Definitions

17.130.030 “C” Definitions

17.130.040 “D” Definitions

17.130.050 “E” Definitions

17.130.060 “F” Definitions

17.130.070 “G” Definitions

17.130.080 “H” Definitions

17.130.090 “I” Definitions

17.130.100 “J” Definitions

17.130.110 “K” Definitions

17.130.120 “L” Definitions

17.130.130 “M” Definitions

17.130.140 “N” Definitions
35 Section 5, Item E.

Table of Contents
11 City of Kerman

17.130.150 “O” Definitions

17.130.160 “P” Definitions

17.130.170 “Q” Definitions

17.130.180 “R” Definitions

17.130.190 “S” Definitions

17.130.200 “T” Definitions

17.130.210 “U” Definitions

17.130.220 “V” Definitions

17.130.230 “W” Definitions

17.130.240 “X” Definitions

17.130.250 “Y” Definitions

17.130.260 “Z” Definitions
36 Section 5, Item E.

Title 17 – Zoning Code
Article 1 – Enactment and
Applicability
Table of Contents
CHAPTER 17.02 TITLE, PURPOSE, AND APPLICABILITY OF THE ZONING CODE ................................ 2

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

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

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

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

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

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

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

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

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

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

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

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

17.06.020 Establishment of Zones........................................................................................................... 10

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

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

17.06.050 Classification of Annexed Lands.............................................................................................. 14 37 Section 5, Item E.

Article 1 – Enactment and Applicability City of Kerman Zoning Code ii
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38 Section 5, Item E.

Chapter 17.02
Title, Purpose, and Applicability
of the Zoning Code
39 Section 5, Item E.

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

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

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

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

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

3. Assure the appropriate location of community facilities;

4. Promote a safe, effective traffic circulation system;

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

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

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

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

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

B. Authority. This Zoning Code is enacted based on the authority vested in the City by the State of California, including but not limited to the State Constitution; the Planning and Zoning Law (Government Code Sections 65000 et seq.); and the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.).
40 Section 5, Item E.

Article 1 – Enactment and Applicability Chapter 17.02
3 17.02.030 Applicability
This Zoning Code applies to all areas within the municipal boundaries of the City of Kerman whether owned, leased, or operated by private persons, farms, corporations, or organizations. Additionally, any property owned, leased, or operated by the United States; the State of California; the County of Fresno; or, any other public or governmental body or agency shall be governed by the provisions of this Zoning Code, as follows:

A. Where such public or governmental uses are specifically listed, they shall be governed as indicated.

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

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

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

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

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

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

2. Zoning Code. This Zoning Code is a specific statement of allowable uses of land and related development standards by zone designed to control the use, type, bulk, height, space, and location of structures and land. This Zoning Code is intended to be applied to the City based on land use designations established in the General Plan. 41 Section 5, Item E.

Chapter 17.02 Title, Purpose, and Applicability of the Zoning Code 4 B. General Plan Consistency. The Council intends that this Zoning Code be consistent with the General Plan and any applicable specific plan to the maximum extent practicable, and that any development, land use, or subdivision approved in compliance with this Zoning Code shall also be consistent with the General Plan and any applicable specific plan to the maximum extent practicable.

C. Inconsistencies Between the General Plan and Zoning Code. Where inconsistencies are found to exist between the General Plan and this Zoning Code, the General Plan shall control the use and development of the land until the Council adopts an amendment(s) to achieve consistency with the existing or current General Plan.

17.02.060 Severability, Partial Invalidation of Zoning Code If any portion of this Zoning Code is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, the determination shall not affect the validity of the remaining portions of this Zoning Code. The Council hereby declares that this Zoning Code and each article, chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase, and portion thereof is adopted without regard to the fact that one or more portions of this Zoning Code may be declared invalid, unconstitutional, or unenforceable.
42 Section 5, Item E.

Chapter 17.04
Interpretation of the Zoning
Code
43 Section 5, Item E.

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

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

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

B. Language.

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

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

3. The word "Council" shall mean the City Council of the City of Kerman. The word "Commission" shall mean the Planning Commission of the City of Kerman.

4. The word “Director” shall mean the Community Development Director of the City of Kerman or their designee. In the event that position title is modified, the word “Director” shall refer to that position title and to the position responsible for implementing and enforcing this Zoning Code.

C. Time Limits. Whenever a number of days is specified in this Zoning Code, or in any permit, condition of approval, or notice provided in compliance with this Zoning Code, the number of days shall be construed as calendar days. A time limit shall extend to the following working day where the last of the specified number of days falls on a Saturday, Sunday, or City recognized holiday.

D. Zoning Map Boundaries. See Section 17.06.050 (Uncertainty of Boundaries).

E. Allowable Uses of Land. See Article 2 (Zones, Allowable Uses and Development Standards). 44 Section 5, Item E.

Article 1 – Enactment and Applicability Chapter 17.04
7 F. State Law Requirements. Where this Zoning Code references applicable provisions of State law (for example, the California Government Code, Subdivision Map Act, or Public Resources Code), the reference shall be interpreted to be to the applicable State law provisions as they may be amended from time to time.

17.04.030 Uses Not Classified
A. Uses Not Listed are Not Allowed. Since the language used in this Zoning Code is deemed permissive, if a proposed use of land is not specifically listed in Article 2 (Zones, Allowable Uses, and Development Standards), the use shall not be allowed, except as provided in Subsection B, below.

B. Classification of Uses. The Council authorizes the Director to make written findings on requests for a classification of use. In determining the use classification, the Director must find that the use is substantially similar in character, intensity, and compatibility to a use or uses within the zone applicable to the property.

C. Applicable Standards and Permit Requirements. Based on this finding, the use shall be processed in the same manner as the similar use and shall be subject to the same standards and regulations. In such instances, the Director may also initiate proceedings to update the Zoning Code to add the specific use under consideration.

D. Director Determination. By written determination, the Director may approve, modify, or deny a classification of use. The decision of the Director shall be final unless appealed to the Commission.

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

17.04.040 Conflicting Uses and Requirements
A. Differences in Meaning. In case of difference of meaning or implication between the text of this Zoning Code and any other ordinance now in effect or hereafter adopted, or any caption within this Zoning Code, the text of this Zoning Code shall prevail.

B. Easements, Covenants, and Private Agreements. It is not the intention of this Zoning Code to interfere with or abrogate or annul any easements, covenants, or other agreements between parties. However, where this Zoning Code imposes a greater restriction upon the use of structures or parcels, or upon the height of buildings, or requires larger parcel areas than are required by other ordinances, rules, regulations or by easements, covenants or agreements, the regulations of this Zoning Code shall prevail.
45 Section 5, Item E.

Chapter 17.04 Interpretation of the Zoning Code
8 17.04.050 Heading and Illustrations
A. Headings. The headings of the article, chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase, and portion thereof of this Zoning Code, together with the accompanying illustrations, examples, and explanatory notes, are inserted as a matter of convenience and illustrative purposes only and in no way define, limit, or enlarge the scope or meaning of this Zoning Code or its provisions.

B. Illustrations and Diagrams. In case of a conflict between the Zoning Code text and any diagram, illustration, or image contained in this Code, the text of this Zoning Code shall prevail. 46 Section 5, Item E.

Chapter 17.06
Zones and Zoning Map
47 Section 5, Item E.

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

17.06.010 Purpose and Intent
A. Purpose. This Chapter establishes the zones applied to property within the City and adopts the City's Zoning Map.

B. Intent. The intent of this Chapter is to promote development in the City which is consistent with the goals, polices, and implementation programs of the General Plan.

17.06.020 Establishment of Zones
A. General. The City shall be divided into zones which implement the General Plan. The zones shown in Table 17.06-1 (Zone Classifications) are hereby established and shall be shown on the Zoning Map.

B. Base Zones. Every parcel shall have a base zone that establishes the primary type and intensity of land use allowed, along with development standards for that particular type and intensity of land use.

C. Combining Zones. A combining zone supplements the base zone for the purpose of establishing special land use allowances or limitations or development standards and regulations for a particular area in addition to the provisions of the underlying base zone. In the event of conflict between the base zone regulations and the combining zone regulations, the Director shall determine which regulation(s) apply. When a combining zone is attached to a base zone additional governmental review may be required.

Table 17.06-1
Zone Classifications
Zoning Map
Symbol Zone Name
Density
NonResidential
FAR Corresponding General Plan
Land Use Designation(s)
(maximum unless otherwise
specified)
Residential Zones
RR Rural Residential
2 du/ac - Very Low Density Residential (VLDR)
- - Quasi-Public (QP)
- - Schools (S)
RR-43 Rural Residential (43,000 sq. ft. min.)
2 du/ac - Very Low Density Residential (VLDR)
- - Quasi-Public (QP)
- - Schools (S)
48 Section 5, Item E.

Article 1 – Enactment and Applicability Chapter 17.06
11 Table 17.06-1
Zone Classifications
Zoning Map
Symbol Zone Name
Density
NonResidential
FAR Corresponding General Plan
Land Use Designation(s)
(maximum unless otherwise
specified)
RR-100 Rural Residential (100,000 sq. ft. min.)
2 du/ac - Very Low Density Residential (VLDR)
- - Quasi-Public (QP)
- - Schools (S)
R-1-7 Single-Family Residential (7,000 sq. ft. min.)
9 du/ac - Low Density Residential (LDR)
12 du/ac - Medium Density Residential (MDR)
- - Quasi-Public (QP)
- - Schools (S)
R-1-12 Single-Family Residential (12,000 sq. ft. min.)
9 du/ac - Low Density Residential (LDR)
12 du/ac - Medium Density Residential (MDR)
- - Quasi-Public (QP)
- - Schools (S)
R-2 Two-Family Residential
12 du/ac - Medium Density Residential (MDR)
- - Quasi-Public (QP)
- - Schools (S)
R-3 Multi-Family Residential
20 du/ac
(min.) - High Density Residential (HDR) 24 du/ac
(max.)
- - Quasi-Public (QP)
- - Schools (S)
Residential Zones - Smart Development (SD) Combining
SD-R-2.5 SD Residential (2,500 sq. ft. min.)
20 du/ac
(min.) - High Density Residential (HDR) 24 du/ac
(max.)
12 du/ac - Medium Density Residential (MDR)
- - Quasi-Public (QP)
- - Schools (S)
SD-R-3.5 SD Residential (3,500 sq. ft. min.)
12 du/ac - Medium Density Residential (MDR)
- - Quasi-Public (QP)
- - Schools (S)
SD-R-4.5 SD Residential (4,500 sq. ft. min.)
9 du/ac - Low Density Residential (LDR)
12 du/ac - Medium Density Residential (MDR)
- - Quasi-Public (QP)
- - Schools (S)
49 Section 5, Item E.

Chapter 17.06 Zones and Zoning Map
12 Table 17.06-1
Zone Classifications
Zoning Map
Symbol Zone Name
Density
NonResidential
FAR Corresponding General Plan
Land Use Designation(s)
(maximum unless otherwise
specified)
SD-R-5.0 SD Residential (5,000 sq. ft. min.)
9 du/ac - Low Density Residential (LDR)
12 du/ac - Medium Density Residential (MDR)
- - Quasi-Public (QP)
- - Schools (S)
Residential Zones - Planned Development (PD) Combining
PD-R-1 PD Single-Family Residential
9 du/ac - Low Density Residential (LDR)
- - Quasi-Public (QP)
- - Schools (S)
PD-R-1-7 PD Single-Family Residential (7,000 sq. ft. min.) 9 du/ac - Low Density Residential (LDR)
12 du/ac - Medium Density Residential (MDR)
- - Quasi-Public (QP)
- - Schools (S)
PD-R-1-12 PD Single-Family Residential (12,000 sq. ft. min.) 9 du/ac - Low Density Residential (LDR)
12 du/ac - Medium Density Residential (MDR)
- - Quasi-Public (QP)
- - Schools (S)
Commercial and Office Zones
CG General Commercial
- 0.3 General Commercial (GC)
- 0.3 Regional Commercial (RC)
- 1.0 Office (O)
CN Neighborhood Commercial - 0.5 Neighborhood Commercial (NC) CS Service Commercial
- 0.3 General Commercial (GC)
- 0.3 Service Commercial (SC)
- 0.3 Regional Commercial (RC)
PA Professional and Administrative Office - 1.0 Office (O) Mixed-Use Zone
MU Mixed-Use 20 du/ac 1.0 Mixed-Use (MU)
Industrial Zones
M-1 Light Industry - 0.3 Industrial (I)
M-2 Heavy Industry - 0.3 Industrial (I)
-IBA Industrial Boulevard Area Combining - 0.3 Industrial (I) Public and Quasi-Public Zones
O Open Space, Recreation, & Public Facilities - - Public/Quasi-Public (PUB) 50 Section 5, Item E.

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

17.06.030 Zoning Map
A. Adoption. The Council hereby ratifies the City of Kerman Zoning Map (hereafter referred to as the "Zoning Map"), which is on file with the Community Development Department. Such ratification is deemed adoption of the Zoning Map. This Zoning Code, together with the Zoning Map, is adopted in compliance with current State planning, zoning, and development laws. The Zoning Map is hereby incorporated into this Zoning Code by reference as though it were fully included here. Any additional maps (e.g., setback map, height map) adopted shall also be a part of this Zoning Code by reference.

B. Zoning Map Contents. The boundaries, designations, and locations of the zones established by this Zoning Code shall be shown upon the Zoning Map.

C. Zoning Map Amendments. Amendments to the existing zone boundaries of any identified zones shall be made by ordinance (rezone) in compliance with Chapter 17.112 (Amendments).

17.06.040 Determination of Boundaries
A. General. In the event of a difference or conflict between the text of this Zoning Code and the zones shown on the Zoning Map, the designation(s) on the Zoning Map shall prevail.

B. Uncertainty of Boundaries. Where uncertainty exists with respect to the boundaries of the various zones as shown on the official Zoning Map, the following rules shall apply:
51 Section 5, Item E.

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

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

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

17.06.050 Classification of Annexed Lands
A. Where property annexed to the City has been classified by the City pursuant to pre-zoning provisions, such pre-zoning classification becomes effective at the same time the annexation becomes effective. The method of accomplishing pre-zoning, determining the zone that will apply to such property in the event of sub-annexation to the City, shall be the same as that specified for change amendments in compliance with Chapter 17.112 (Amendments).

B. When property is annexed to the City it shall be pre-zoned to a zone that is consistent with the General Plan. If a General Plan land use designation has not been placed upon the property, the land shall be pre-zoned concurrent with a General Plan amendment. 52 Section 5, Item E.

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53 Section 5, Item E.

17 – Zoning Code
Article 2 – Zones, Allowable Uses,
and Development Standards
Table of Contents
CHAPTER 17.10 RESIDENTIAL ZONES ................................................................................................. 2

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

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

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

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

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

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

17.10.070 Parking..................................................................................................................................... 10

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

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

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

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

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

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

17.12.040 Accessory Structures............................................................................................................... 20

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

17.12.060 Fences, Walls, and Hedges...................................................................................................... 20 54 Section 5, Item E.

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

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

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

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

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

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

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

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

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

17.14.070 Parking..................................................................................................................................... 28

17.14.080 Site Plan Review ...................................................................................................................... 28 CHAPTER 17.16 PUBLIC AND QUASI-PUBLIC ZONES ....................................................................... 32

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

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

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

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

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

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

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

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

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

17.18.040 Industrial Boulevard Area Combining Zone (IBA) Standards and Regulations........................ 47 55 Section 5, Item E.

Article 2 – Zones, Allowable Uses, and Development Standards City of Kerman Zoning Code iii
This page intentionally left blank.
56 Section 5, Item E.
57 Section 5, Item E.

Chapter 17.10
Residential Zones
58 Section 5, Item E.

Chapter 17.10 Residential Zones
2 Chapter 17.10 Residential Zones

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

A. RR, RR-43, RR-100 – Rural Residential Zones. The purpose of the rural residential zones are to preserve the rural character of the City by providing for areas that allow low density residential development on large lots. These zones are intended to serve as transition areas between urbanizing lands and existing agriculture operations. The rural residential zones are categorized by minimum parcel size as follows: 0.5 acre for RR, 1-acre, or 43,000 square feet for RR-43, and 2.5- acres or 100,000 square feet for RR-100. The rural residential zones implement the Very Low Density Residential (VLDR), Quasi-Public (QP), and Schools (S) land use designations in the General Plan.

B. R-1-7, R-1-12 – Single-Unit Residential Zones. The purpose of the single-unit residential zones are to provide areas in the City that allow low and medium density residential development and other compatible uses. These zones are intended to promote an environment which is free of traffic and parking congestion, significant noise levels, and uses which are not complementary to residential neighborhoods. The R-1 residential zones are categorized by minimum parcel size as follows: 7,000 square feet for R-1-7, and 12,000 square feet for R-1-12. The single-unit residential zones implement the Low Density Residential (LDR), Medium Density Residential (MDR), Quasi-Public (QP), and Schools (S) land use designations in the General Plan.

C. R-2, R-3 – Multi-Unit Residential Zones. The purpose of the multi-unit residential zones are to provide areas in the City that allow a range of medium and high density residential development and other compatible uses. Development in these zones is to be designed in a manner which does not conflict with surrounding land uses and does not over burden local streets. The multi-unit residential zones are categorized by maximum density as follows: R-2 and R-3. The multi-unit zones implement the Medium Density Residential (MDR), High Density Residential (HDR), Quasi-Public (QP), and Schools (S) land use designations in the General Plan.

17.10.020 Residential Zones Land Use Regulations
A. Table 17.10-1 Land Use Regulations – Residential Zones. Table 17.10-1 (Land Use Regulations – Residential Zones) establishes the uses allowed within each residential zone and any permits required to establish the use.

B. Uses Not Listed. Land uses not listed in Table 17.10-1 (Land Use Regulations – Residential Zones) are not allowed, in compliance with Section 17.04.030 (Uses Not Classified). 59 Section 5, Item E.

Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.10 3 C. Additional Regulations. The right-hand column in Table 17.10-1 (Land Use Regulations – Residential Zones) indicates additional regulations that may apply to the use. Provisions in other sections of this Zoning Code may also apply.

Table 17.10-1
Land Use Regulations – Residential Zones
Key: P = Allowed by Right; AUP = Administrative Use Permit; (−) = Not Allowed CUP = Conditional Use Permit
Land Use
(see Article 8 for land
use definitions)
Permit Requirement by Zone
Additional
Regulations R
R
R
R-43
RR-100
R-1-7
R-1-12
R-2R-3
Agriculture, Resource, & Open Space Uses`
Accessory Structure,
Agricultural P P P - - - Chapter 17.22 (Accessory Structures) Human Services Uses
Cemetery CUP CUP CUP CUP CUP - -
Child Day Care Home P P P P P P P
Community Care Facility,
Large P P P P P P P
Community Care Facility,
Small P P P P P P P
Day Care Center CUP CUP CUP CUP CUP CUP CUP
Emergency Shelter - - - - - - P Section 17.40.030
Recreation, Education, and Public Assembly Uses
Place of Assembly - - - CUP CUP CUP CUP
School, Private and
Vocational CUP CUP CUP - - CUP CUP
Residential Uses
Accessory Structure,
Residential P P P P P P P Chapter 17.22 (Accessory Structures) Boarding House - - - - - CUP CUP
Cottage Food Operation P P P P P P P
Dwelling, Accessory
Dwelling Unit (ADU) P P P P P P P Section 17.40.010(Accessory Dwelling Unit) Dwelling, Multi-Unit
(three or more) - - - - - P P
Chapter 17.46 (Multi-Unit
Dwelling Objective Design
Standards)
Dwelling, Single-Unit P P P P P CUP CUP
Section 17.10.100
(Architectural Standards:

R-1-7 and R-1-12 Zones)
Dwelling, Two-Unit - - - CUP CUP P P
Employee Housing P P P P P P P
Home Occupation P P P P P P P Section 17.40.040 (Home
Occupation)
Mobile Home Park CUP CUP CUP - - CUP CUP
Section 17.40.050 (Mobile
Home Park) Section

17.10.100 (Architectural
60 Section 5, Item E.

Chapter 17.10 Residential Zones
4 17.10.030 Residential Zones Development Standards
Table 17.10-2 Development Standards – Residential Zones. Table 17.10-2 (Development Standards – Residential Zones) establishes parcel and structure standards that apply to all development in the specified zone. Provisions in other sections of this Zoning Code may also apply.

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

CUP CUP CUP CUP CUP CUP CUP
Wireless
Telecommunication
Facility, Tower
CUP CUP CUP CUP CUP CUP CUP See Section 17.40.070
61 Section 5, Item E.

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

Height (max. ft.)
Main Structure 35 35 35 35 35 35 455
Accessory Structure 45 45 45 121,7 121,7 121 121
Parcel Dimensions
Depth to Width Ratio
(max.) 3:1 3:1 3:1 n/a n/a n/a n/a
Depth (ft.) n/a n/a n/a 100 100 n/a n/a
Width (ft.)
Interior Parcels 120 120 120 70 120 70 70
Cul-de-sac Parcels 60 60 60 40 65 40 40
Corner Parcels 120 120 120 75 120 75 75
Reverse Corner
Parcels n/a n/a n/a 70 120 70 70
Yards (ft.)2
Front 35 35 35 204,6 206 156 156
Rear 25 25 25 153 153 103 103
Side
Interior Parcels 15 15 15 5 5 5 5
Corner Parcel: Street
Side 35 35 35 108 108 5 5
Specific Standards
1 Garages and carports are allowed a maximum height of 15 feet. 2 All required yards shall extend the full width or depth of the parcel and shall be open from the ground to the sky, with the following exceptions:

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

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

C. Open, unenclosed stairways or balconies not covered by a roof or canopy may extend or project into a required front yard not more than thirty-six inches.
62 Section 5, Item E.

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

A. The lot must meet the structure coverage requirement; B. Patio cannot be enclosed;
C. Must maintain a minimum five-foot setback-clear to the sky; D. The patio roof cannot exceed 12 feet in height with a maximum pitch of 2 to 12; and E. The applicant shall submit a plot plan for a Building Permit in addition to the structural renderings. 4 Cul-de-sac and curved parcels within the R-1-7 zone shall have a front yard setback distance of 15 feet. A curved parcel is a parcel that has frontage of 50 percent or more along a curved street with a curve radius of 100 feet or less. 5 The structure height in the R-3 zone shall be limited to a single-story within 75 feet of either an R-1-7 or R-1-12 zone. 6 Building additions or expansions are allowed to encroach up to five feet from the standard front setback subject to the approval of minor deviation.
7 The maximum height of flagpoles, antennas, and the similar features shall have a maximum height of 80 feet. 8 Street side setback standards for corner parcels shall apply to both structures and fences. 63 Section 5, Item E.

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

64 Section 5, Item E.

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

65 Section 5, Item E.

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

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

66 Section 5, Item E.

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

17.10.050 Signs
Signs shall be consistent with the requirements of Chapter 17.30 (Sign Regulations).

17.10.060 Fences, Walls, and Hedges
A. Fences, walls, and hedges shall be consistent with the clear vision triangle provisions established in Section 17.20.030 (Clear Vision Triangle).

B. Fences, walls, and hedges shall not exceed seven feet in height in any rear or side yard, except where a six feet block wall are required.

C. Fences, walls, and hedges shall not exceed 42 inches in height in any required front yard area, in compliance with Chapter 17.24 (Fences, Walls, and Hedges).

D. Swimming pools shall be entirely enclosed by a wall or fence at least five feet in height and be selfclosing, or as required by California Building Code.

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

F. All fence posts to be placed in the ground shall be treated prior to installation to prevent rot or insect damage.

G. On property developed with four or more dwelling units, all property lines that adjoin a single-unit residential zone shall construct a seven-foot solid masonry wall along the adjoining property lines.

For the purpose of this Subsection, when properties are separated by an alley, they are considered to adjoin and a wall shall be constructed along the side of the alley which is in the R-2 or R-3 zones.

17.10.070 Parking
A. Off-street parking and loading shall be consistent with the requirements of Chapter 17.28 (Parking, Loading, and Access).

B. No more than fourty percent of any front, side,street side, or rear yard area shall be used for excess parking, beyond what is required by subsection (A) above. 67 Section 5, Item E.

Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.10 11 C. A Zoning Clearance shall be required for any excess parking proposed beyond what is permitted by subsection (B) above.

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

17.10.080 Recreation and Open Space.

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

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

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

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

A. The minimum width of a primary single-unit dwelling or mobile home shall be twenty feet.

B. Mobile homes must be certified under the National Manufactured Home Construction and Safety Standards Act of 1974.

C. All dwelling units shall be attached to a permanent foundation, pursuant to the State Health and Safety Code, Section 18551.

D. Roofing material shall be composed of composition shingles, ceramic or concrete tile. 68 Section 5, Item E.

Chapter 17.10 Residential Zones
12 E. Exterior siding material shall be composed of, or look like, wood, masonry, or plaster.

F. Siding shall extend to the ground, except when a solid concrete or masonry perimeter foundation or retaining wall is used, in which case, the material need only extend to the top of the foundation or wall.

G. The roof pitch shall not be less than three inches of vertical rise for every 12 inches of horizontal run, or as deemed necessary by the Building Official.
69 Section 5, Item E.

Chapter 17.12
Commercial, Office, and MixedUse Zones
70 Section 5, Item E.

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

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

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

The CG zone implements the General Commercial (GC), Regional Commercial (RC), and Office (O) land use designations in the General Plan.

B. CN – Neighborhood Commercial Zone. The purpose of the Neighborhood Commercial (CN) zone is to provide areas of the City for limited types of commercial centers adjacent to or within residential neighborhoods. These commercial centers shall provide shopping goods for residents of the neighborhood which are typically needed on a weekly basis. This type of commercial center should be designed in a manner which minimizes the impact to the adjacent neighborhood in terms of noise, traffic, and light. The appearance of the center shall be compatible with the aesthetic quality and character of the adjacent neighborhood. The CN zone implements the Neighborhood Commercial (NC) land use designation in the General Plan.

C. CS – Service Commercial Zone. The purpose of the Service Commercial (CS) zone is to provide areas in the City that allow for wholesale and heavy commercial uses and services which are not suited for other commercial zones. The CS also provides areas for light industrial uses which manufacture, assemble, or package products within a structure and do not emit fumes, odor, dust, smoke, or gas beyond the confines of the structure. The CS zone implements the General Commercial (GC), Service Commercial (SC), and Regional Commercial (RC) land use designations in the General Plan.

D. MU – Mixed-Use Zone. The purpose of the Mixed-Use (MU) zone is to provide areas of the City that allow for a combination of residential, office, and essential commercial uses e.g. pharmacies, laundromats, grocery stores. The MU zone does not authorize uses of a service or industrial nature or those generating high volumes of vehicle traffic. All project proponents shall also submit a site plan review for the entire developable area as required in Chapter 17.80 (Site Plan Review Permit).

The MU zone implements the Mixed-Use land use designation in the General Plan. 71 Section 5, Item E.

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

17.12.020 Commercial, Office, and Mixed-Use Zones Land Use Regulations A. Table 17.12-1 Land Use Regulations – Commercial, Office, and Mixed-Use Zones. Table 17.12-1 (Land Use Regulations – Commercial, Office, and Mixed-Use Zones) establishes the uses allowed within the commercial, office, and mixed-use zones and any permits required to establish the use B. Uses Not Listed. Land uses not listed in Table 17.12-1 (Land Use Regulations – Commercial, Office, and Mixed-Use Zones) are not allowed, in compliance with Section 17.04.030 (Uses Not Classified).

C. Additional Regulations. The right-hand column in Table 17.12-1 (Land Use Regulations – Commercial, Office, and Mixed-Use Zones) indicates additional regulations that may apply to the use. Provisions in other sections of this Zoning Code may also apply.

D. Twenty-Four-Hour Uses. Any use established in Table 17.12-1 (Land Use Regulations – Commercial, Office, and Mixed-Use Zones) that is proposed to operate 24-hours a day shall require the approval of a Conditional Use Permit.

Table 17.12-1
Land Use Regulations – Commercial, Office, and Mixed-Use Zones Key: P = Allowed by Right; AUP = Administrative Use Permit; (−) = Not Allowed CUP = Conditional Use Permit
Land Use
(see Article 8 for land use
definitions)
Permit Requirement by Zone
Additional Regulations CG CN CS MU PA
Industrial, Manufacturing, & Processing Uses2
Accessory Structure, Industrial - - P - -
Breweries, Distilleries, Wineries - - CUP - -
Community Composting - - CUP - -
Contractor Storage Yard - - AUP - -
Industrial, Minor - - CUP - -
Outdoor Storage AUP CUP AUP AUP -
Recycling Processing Facility - - CUP - -
Storage Facility, Personal - AUP AUP - -
Warehousing and Distribution
Facility - - CUP - -
Wholesale CUP
72 Section 5, Item E.

Chapter 17.12 Commercial, Office, and Mixed-Use Zones
16 Table 17.12-1
Land Use Regulations – Commercial, Office, and Mixed-Use Zones Key: P = Allowed by Right; AUP = Administrative Use Permit; (−) = Not Allowed CUP = Conditional Use Permit
Land Use
(see Article 8 for land use
definitions)
Permit Requirement by Zone
Additional Regulations CG CN CS MU PA
Human Services Uses
Ambulance Service CUP - CUP - -
Community Care Facility, Large - - - CUP -
Community Care Facility, Small - - - P -
Day Care Center - CUP CUP CUP CUP
Emergency Shelter - - P - - Section 17.40.030
Hospital CUP - CUP - CUP
Low Barrier Navigation Center - - - P -
Mortuary or Funeral Home CUP - P - -
Recreation, Education, and Public Assembly Uses
Athletic Club CUP - CUP CUP -
Card Room CUP - CUP - -
Commercial Recreation and
Entertainment Facility, Indoor CUP - CUP CUP -
Commercial Recreational and
Entertainment Facility, Outdoor - - CUP CUP -
Event Venue CUP - CUP - CUP
Place of Assembly CUP - CUP - -
Recreational Vehicle Park - - CUP - -
School, Private and Vocational CUP - CUP CUP CUP
Residential Uses
Accessory Structure, Residential - - - P - Chapter 17.22 (Accessory Structures) Boarding House - - - CUP -
Caretaker's Residence P P P P P
Cottage Food Operation P - - P -
Dwelling, Accessory Dwelling Unit
(ADU) P - - P - Section 17.40.010 (Accessory Dwelling Unit) Dwelling, Multi-Unit (Up to 40
units) P - - P - Chapter 17.46 (Multi-Unit Dwelling Objective Design Standards) Dwelling, Multi-Unit (41 or more
units) CUP - - CUP -
Employee Housing P - - P P
Group Home - - - P P
Home Occupation P - - P - Section 17.40.040 (Home
Occupation)
Mobile Home Park - - CUP - - Section 17.40.050 (Mobile Home Park)
Transitional/Supportive Housing P - - P -
Single Room Occupancy Housing - - - CUP -
73 Section 5, Item E.

Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.12 17 Table 17.12-1
Land Use Regulations – Commercial, Office, and Mixed-Use Zones Key: P = Allowed by Right; AUP = Administrative Use Permit; (−) = Not Allowed CUP = Conditional Use Permit
Land Use
(see Article 8 for land use
definitions)
Permit Requirement by Zone
Additional Regulations CG CN CS MU PA
Retail, Service, and Office Uses
Accessory Structure, Commercial P P P P P Chapter 17.22 (Accessory Structures) Agricultural Service Establishment - - AUP - -
Alcohol Beverage Sales CUP CUP CUP - -
Auction Establishment - - CUP - -
Automated Vending and
Dispensing Machine P P P P P
Bank and Financial Institution P P P P P
Bar CUP - CUP - -
Broadcasting and Film Recording
Studio CUP - CUP - CUP
Building Materials and Lumber
Sales AUP - AUP - -
Carwash CUP CUP CUP CUP -
Drive-Through Sales and Service CUP - CUP CUP -
Equipment Sales and Rental
Facility CUP - P - -
Food Commissary - - AUP - -
Hotel/Motel CUP - CUP CUP -
Kennel - - CUP - -
Manufactured Home Sales and
Repair - - AUP - -
Mobile Food Vendor P P P P P Section 8.40 (Mobile Food Vendors) Office P P P P P
Office, Accessory P P P P P
Outdoor Dining AUP AUP AUP AUP -
Outdoor Sales AUP AUP AUP AUP -
Personal Service, General P P P P AUP
Personal Service, Restricted CUP - CUP - - See section 9.27 (Massage Establishments and Therapists)
Printing Shop P P P P P
Restaurant P AUP P P -
Restaurant, Drive-Through1 CUP - CUP CUP -
Retail Sales, General P P P P -
Retail Sales, Grocery or
Supermarket P P P P -
Retail Sales, Neighborhood
Market P P P P -
Retail Sales, Nursery and Garden
Supply (less than 5,000 sq. ft.) CUP - AUP - -
Retail Sales, Restricted CUP - CUP - -
74 Section 5, Item E.

Chapter 17.12 Commercial, Office, and Mixed-Use Zones
18 Table 17.12-1
Land Use Regulations – Commercial, Office, and Mixed-Use Zones Key: P = Allowed by Right; AUP = Administrative Use Permit; (−) = Not Allowed CUP = Conditional Use Permit
Land Use
(see Article 8 for land use
definitions)
Permit Requirement by Zone
Additional Regulations CG CN CS MU PA
Retail Sales, Wholesale - - P - -
Veterinary Clinic, Large CUP - P - -
Veterinary Clinic, Small AUP CUP P - -
Public, Utility, Transportation, and Communication Uses Parking Area CUP - CUP - -
Public and Quasi-Public Use CUP CUP CUP CUP CUP
Transit Station and Terminal CUP CUP CUP CUP CUP
Truck Storage and Parking Yard - - CUP - -
Utility Facility and Infrastructure CUP CUP CUP CUP CUP Wireless Telecommunication
Facility, Small Cell CUP - CUP - -
Wireless Telecommunication
Facility, Tower CUP CUP CUP CUP CUP See Section 17.40.070 Vehicle Oriented Uses
Truck Service Station - - CUP - -
Vehicle, Boat, and Trailer Sales,
New and Used CUP - CUP - -
Vehicle Fueling Station2 CUP CUP CUP - -
Vehicle Rental Facility CUP - CUP - -
Vehicle Repair and Service, Major - - AUP - -
Vehicle Repair and Service, Minor CUP - AUP - -
Specific Standards
1 Twenty-four-hour drive-through establishments are prohibited when the subject parcel is abuts a residential zone. 2 Above ground fuel storage tanks shall require the approval of a Conditional Use Permit.

17.12.030 Commercial, Office, and Mixed-Use Zones Development Standards Table 17.12-2 Development Standards – Commercial, Office, and Mixed-Use Zones. Table 17.12-2 (Development Standards – Commercial, Office, and Mixed-Use Zones) establishes parcel and structure standards that apply to all development in the specified zone. Provisions in other sections of this Zoning Code may also apply.
75 Section 5, Item E.

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

CG CN CS MU PA
General
Density (max. du/ac) n/a n/a n/a 20 n/a
Floor Area Ratio (FAR) 0.3-1.09 0.5 0.3 1.09 1.0
Parcel Size 6,000 sq. ft.1 Min: 1 acre 6,000 sq. ft. 7,000 sq. ft. None Max: 5 acres
Height (max. ft.) 355 35 355 355 35
Yards (ft.)2
Front 108 106, 8 103 108 57
Rear
Adjacent to Nonresidential
Zone None None 5 None None
Adjacent to Residential Zone 10 10 15 104 10
Side
Adjacent to Nonresidential
Zone 10 10 10 10 10
Adjacent to Residential Zone 20 20 20 10 10
Specific Standards
1 The minimum parcel size for newly created parcels that are without existing structures shall be 6,000 square feet. There shall be no minimum parcel size for parcels which contain existing structures. 2 Required yard areas shall not be used for parking or loading activities. 3 Parcels in the CS zone shall have a 10-foot yard area, except those parcels fronting Whitesbridge Road shall have a front yard setback of 20 feet, as measured from the front property line. To the maximum extent possible, this yard area shall be landscaped.
4 A development within the MU zone that abut residential uses also within the MU zone shall not be subject to this standard. The setback for the use in the MU zone shall be the same as the setback in the adjoining property. 5 Structures up to 60 feet in height may be allowed with the approval of a Conditional Use Permit. 6 Parcels in the CN zone shall have a 10-foot rear yard setback except when the site is adjacent to residential uses, in which case the setback shall be equal to the setback of the adjacent residential use. 7 Parcels in the PA zone shall have five-foot rear yard setback except when the lot abuts a residential dwelling in which case the setback distance shall be the same as the adjoining residential units. If there are residential units on both sides of the subject parcel with differing yard area, the yard area shall be within the range of the setbacks of the adjoining units.

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

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

A. Parcels fronting Madera Avenue north of Kearney Boulevard shall have a front yard setback of 10 feet as measured from the front property line. Parcels fronting Whitesbridge Road shall have a front yard setback of 20 feet, as measured from the front property line. To the maximum extent possible, this area shall be landscaped. 76 Section 5, Item E.

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

CG CN CS MU PA
B. Parcels fronting Madera Avenue between California Avenue and Kearney Boulevard shall be set so that at least onehalf of the front property line coincides with a building wall to the maximum extent possible. 9 Floor Area Ration (FAR) shall apply to non-residential uses only.

17.12.040 Accessory Structures
Construction of accessory structures shall be consistent with the standards established in Chapter 17.22 (Accessory Structures).

17.12.050 Signs
Signs shall be consistent with the requirements of Chapter 17.30 (Sign Regulations).

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

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

The requirement for a masonry wall may also be waived when an alley separates this district from a residential district.

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

77 Section 5, Item E.

Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.12 21 B. General Commercial (CG) Zone Parking. Parking lots on parcels in the CG zone that front Madera Avenue between California Avenue and Kearney Boulevard, to the extent possible, shall be located to the rear of structures. To the extent possible, access to the parking lots shall be from the alley.

C. Mixed-Use (MU) Zone Parking. To the extent possible, parking lots in the MU zone, shall be located to the side or rear of the parcel.

17.12.080 Site Plan Review
A site plan shall be submitted to the Planning Division for approval before any new structure is constructed, use established, or parking facilities are installed on parcel within the mixed use, commercial, and office zones. This provision shall also apply to all uses proposing to occupy a parcel which does not have adequate parking or related parcel improvements for the use or increase in occupancy intensity. 78 Section 5, Item E.

Chapter 17.12 Commercial, Office, and Mixed-Use Zones
22 This page intentionally left blank.
79 Section 5, Item E.

Chapter 17.14
Industrial Zones
80 Section 5, Item E.

Chapter 17.14 Industrial Zones
24 Chapter 17.14 Industrial Zones

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

A. M-1 – Light Manufacturing Zone. The purpose of the Light Manufacturing (M-1) zone is to provide areas in the City that allow for light industrial and heavy commercial types of activities; protect industrial areas from the intrusion of incompatible types of land uses; adhere to performance standards provided for the protection of City residents and the environment; and accommodate industrial employment opportunities for residents. The M-1 zone implements the Industrial (I) land use designation in the General Plan.

B. M-2 – Heavy Manufacturing. The purpose of the Heavy Manufacturing (M-2) zone is to provide for the development of a full range of compatible industrial uses and to provide for the design and operation of these uses in a manner which is physically attractive, does not conflict with other uses in or surrounding the district, and is compatible with the physical environment of the district. The M-2 zone implements the Industrial (I) land use designation in the General Plan.

17.14.020 Industrial Zones Land Use Regulations
A. Table 17.14-1 Land Use Regulations – Industrial Zones. Table 17.14-1 (Land Use Regulations – Industrial Zones) establishes the uses allowed within each industrialzone and any permits required to establish the use
B. Uses Not Listed. Land uses not listed in Table 17.14-1 (Land Use Regulations – Industrial Zones) are not allowed, in compliance with Section 17.04.030 (Uses Not Classified).

C. Additional Regulations. The right-hand column in Table 17.14-1 (Land Use Regulations – Industrial Zones) indicates additional regulations that may apply to the use. Provisions in other sections of this Zoning Code may also apply.

D. Allowed Uses. The allowed uses established in Table 17.14-1 (Land Use Regulations – Industrial Zones) shall be allowed in the subject zones to the extent that the following conditions are not associated with the use:

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

2. The use would place a significant demand on the City’s water system. The term "significant" shall be determined by the City Engineer after a review of the use’s water demand and wastewater treatment requirements.
81 Section 5, Item E.

Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.14 25 E. Twenty-Four-Hour Uses. Any nonresidential use established in Table 17.14-1 (Land Use Regulations – Industrial Zones) that is proposed to operate 24-hours a day and is located within 300 feet of a residential zone boundary line, shall require the approval of a Conditional Use Permit. For the purpose of this Subsection, this distance shall be measured in a straight line from the property line of the parcel in which the 24-hour use is to be proposed, to the nearest point on the adjacent residential zone boundary line.

F. Above Ground Fuel and Gas Tanks. Above ground fuel and gas storage tanks shall require the approval of a Conditional Use Permit.

Table 17.14-1
Land Use Regulations – Industrial Zones
Key: P = Allowed by Right; AUP = Administrative Use Permit; (−) = Not Allowed CUP = Conditional Use Permit
Land Use
(see Article 8 for land use
definitions)
Permit Requirement by Zone
Additional
M-1 M-2 Regulations
Agriculture, Resource, & Open Space Uses
Agricultural Processing, Large AUP P
Agricultural Processing, Small P P
Agriculture, Horticulture - CUP
Industrial, Manufacturing, & Processing Uses
Accessory Structure, Industrial P P Chapter 17.22 (Accessory Structures)
Breweries, Distilleries, Wineries CUP CUP
Community Composting CUP -
Contractor Storage Yard P P
Industrial, Major AUP P
Industrial, Minor P P
Outdoor Storage AUP AUP
Recycling Processing Facility CUP CUP
Storage Facility, Personal AUP -
Storage Facility, Restricted CUP CUP
Warehousing and Distribution
Facility P P
Human Services Uses
Ambulance Service AUP -
Emergency Shelter P - Section 17.40.030
Residential Uses
Accessory Structure, Residential P P Chapter 17.22 (Accessory Structures)
Caretaker's Residence P P
Employee Housing AUP AUP
Group Home CUP CUP
Retail, Service, and Office Uses
82 Section 5, Item E.

Chapter 17.14 Industrial Zones
26 Table 17.14-1
Land Use Regulations – Industrial Zones
Key: P = Allowed by Right; AUP = Administrative Use Permit; (−) = Not Allowed CUP = Conditional Use Permit
Land Use
(see Article 8 for land use
definitions)
Permit Requirement by Zone
Additional
M-1 M-2 Regulations
Agricultural Service Establishment P P
Alcohol Beverage Sales CUP CUP
Athletic Club CUP -
Auction Establishment CUP -
Building Materials and Lumber
Sales P -
Equipment Sales and Rental Facility P -
Food Commissary AUP -
Kennel CUP -
Infectious Nonclinical Laboratory - CUP See Chapter 8.44 Manufactured Home Sales and
Repair AUP -
Office AUP AUP
Office, Accessory P P
Outdoor Sales CUP -
Retail Sales, Nursery and Garden
Supply CUP -
Retail Sales, Wholesale AUP -
Tasting Room CUP CUP
Veterinary Clinic, Large CUP -
Veterinary Clinic, Small AUP -
Public, Utility, Transportation, and Communication Uses Airport - CUP
Private Parking Facility AUP -
Public and Quasi-Public Use CUP CUP
Solar Energy Generation Facility,
Major - CUP
Solar Energy Generation Facility,
Minor - AUP
Transit Station and Terminal P P
Truck Storage and Parking Yard AUP AUP
Utility Facility and Infrastructure P P
Wireless Telecommunication
Facility, Tower CUP CUP See Section 17.40.070
Vehicle Oriented Uses
Truck Service Station P P
Vehicle, Boat, and Trailer Sales,
New and Used CUP -
Vehicle Repair and Service, Major CUP -
Vehicle Repair and Service, Minor AUP -
83 Section 5, Item E.

Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.14 27 Table 17.14-1
Land Use Regulations – Industrial Zones
Key: P = Allowed by Right; AUP = Administrative Use Permit; (−) = Not Allowed CUP = Conditional Use Permit
Land Use
(see Article 8 for land use
definitions)
Permit Requirement by Zone
Additional
M-1 M-2 Regulations
Vehicle Salvage and Dismantling
Facility - CUP

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

Provisions in other sections of this Zoning Code may also apply.

Table 17.14-2
Development Standards – Industrial Zones
Development Feature
(minimum unless otherwise specified)
Zone
M-1 M-2
General
Floor Area Ratio (FAR) 0.3 0.3
Parcel Size 6,000 sq. ft. 0.5 acre
Height (max. ft.) 55 55
Yards (ft.)
Front 102 25
Rear1
Adjacent to Nonresidential Zone None None
Adjacent to Residential Zone 50 50
Side1
Adjacent to Nonresidential Zone None None
Adjacent to Residential Zone 50 50
Specific Standards
1 The rear and side yard area can be used for parking and storage. Where the yard is adjacent to a residential district, material and equipment shall not be stacked higher than six feet. 2 Parcels fronting Whitesbridge Road shall have a front yard setback of 60 feet, as measured from the front property line. 84 Section 5, Item E.

Chapter 17.14 Industrial Zones
28 17.14.040 Accessory Structures
Construction of accessory structures shall be consistent with the standards established in Chapter 17.22 (Accessory Structures).

17.14.050 Signs
Signs shall be consistent with the requirements of Chapter 17.30 (Sign Regulations).

17.14.060 Fences, Walls, and Hedges
A. The maximum height of fences, walls, and hedges shall be seven feet. Where a parcel abuts a residential zone a seven-foot solid block, masonry or brick wall shall be erected on the property line between the two zones.

B. Construction of fences more than seven feet, but not to exceed nine feet, when deemed necessary to protect the public health and safety of surrounding uses may be approved through a Conditional Use Permit.

C. Chain-linked fences shall include privacy slats, except where the zone abuts a residential zone.

Fences abutting a residential zone shall be of CMU block, seven feet in height.

D. Any fence requiring barbed wire or any other form of non-electrical privacy or security measure shall be subject to a Conditional Use Permit.

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

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

17.14.080 Site Plan Review
A site plan shall be submitted to the Planning Division for approval before any new structure is constructed, use established, or parking facilities are installed on parcel within the industrial zones. This provision shall also apply to all uses proposing to occupy a parcel which does not have adequate parking or related parcel improvements for the use or increase in occupancy intensity. 85 Section 5, Item E.

Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.14 29 86
Section 5, Item E.

Chapter 17.14 Industrial Zones
30 This page intentionally left blank.
87 Section 5, Item E.

Chapter 17.16
Public and Quasi-Public Zones
88 Section 5, Item E.

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

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

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

The O zone implements the Public (PUB), Parks (P), and Ponding Basin (PB) land use designations in the General Plan.

B. UR – Urban Reserve Zone. The purpose of the Urban Reserve (UR) zone is to is to preserve land for agriculture; serve as a holding zone for future urban development; and prevent the encroachment of urban uses or incompatible agriculturally-related uses. The UR zone implements the Urban Reserve (UR) land use designation in the General Plan.

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

C. Additional Regulations. The right-hand column in Table 17.16-1 (Land Use Regulations – Public and Quasi-Public Zones) indicates additional regulations that may apply to the use. Provisions in other sections of this Zoning Code may also apply.
89 Section 5, Item E.

Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.16 33 Table 17.16-1
Land Use Regulations – Public and Quasi-Public Zones
Key: P = Allowed by Right; AUP = Administrative Use Permit; (−) = Not Allowed CUP = Conditional Use Permit
Land Use
(see Article 8 for land use
definitions)
Permit Requirement by Zone
Additional
O UR Regulations
Agriculture, Resource, & Open Space Uses
Accessory Structure, Agriculture P P Chapter 17.22 (Accessory Structures)
Agricultural Processing, Large - CUP
Agricultural Processing, Small - P
Agriculture, Animal Husbandry - P
Agriculture, Dairies CUP CUP
Agriculture, Horticulture P P
Beekeeping P P
Industrial, Manufacturing, & Processing Uses
Breweries, Distilleries, Wineries - CUP
Community Composting CUP CUP
Human Services Uses
Cemetery CUP CUP
Mortuary or Funeral Home CUP -
Recreation, Education, and Public Assembly Uses
Campground P CUP
Commercial Recreational and
Entertainment Facility, Outdoor CUP CUP
Place of Assembly - CUP
Recreational Vehicle Park - CUP
School, Private and Vocational CUP CUP
Residential Uses
Accessory Structure, Residential P P Chapter 17.22 (Accessory Structures)
Caretaker's Residence P P
Cottage Food Operation - P
Dwelling, Accessory Dwelling Unit
(ADU) - P Section 17.40.010 (Accessory Dwelling Unit)
Dwelling, Single-Unit P P Chapter 17.48 (Single-Unit
Dwelling Design Standards)
Employee Housing P P
Group Homes P P
Home Occupation P P Section 17.40.040 (Home
Occupation)
Mobile Home Park - CUP Section 17.40.050 (Mobile
Home Park)
Retail, Service, and Office Uses
Agricultural Service Establishment - P
Produce Stand - P
90 Section 5, Item E.

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

17.16.030 Public and Quasi-Public Zones Development Standards Table 17.16-2 Development Standards – Industrial Zones. Table 17.16-2 (Development Standards – Public and Quasi-Public Zones) establishes parcel and structure standards that apply to all development in the specified zone. Provisions in other sections of this Zoning Code may also apply.

Table 17.16-2
Development Standards – Public and Quasi-Public Zones
Development Feature
(minimum unless otherwise specified)
Zone
O UR
General
Density (max.) 1 dwelling unit per 5 acres n/a
Parcel Size (acres) 5 5
Distance Between Structures (ft.) n/a 30
Height (max. ft.)
Main Structure 35 35
Accessory Structure 45 801
91 Section 5, Item E.

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

17.16.040 Signs
Signs shall be consistent with the requirements of Chapter 17.30 (Sign Regulations).

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

17.20.030 (Clear Vision Triangle).

B. Fences, walls, and hedges shall not exceed seven feet in height in any rear or side yard.

C. Fences, walls, and hedges shall not exceed 36 inches in height in any required yard area.

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

Chapter 17.16 Public and Quasi-Public Zones
36 17.16.060 Parking
Off-street parking and loading shall be consistent with the requirements of Chapter 17.28 (Parking, Loading, and Access).
93 Section 5, Item E.

Chapter 17.18
Combining Zones
94 Section 5, Item E.

Chapter 17.18 Combining Zones
38 Chapter 17.18 Combining Zones

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

A. PD – Planned Development Combining Zone. The purpose of the Planned Development (PD) combining zone is to promote cluster development, provide for design flexibility, encourage the creation of open space areas, meet the changes in development technology, and be responsive to changes in market demand. The PD combining zone is designed to meet a higher standard of development through enhanced designed and amenities by providing flexibility in development standards than would otherwise be allowed through traditional development identified in this Article. The PD combining zone implements the Low Density Residential (LDR), Medium Density Residential (MDR), Quasi-Public (QP), and Schools (S).

B. SD – Smart Residential Development Combining Zone. The purpose of the Smart Residential Development (SD) combining zone is to promote development designs that respond to significant planning-related issues facing the San Joaquin Valley, including urbanization of agricultural land, air pollution, housing affordability, traffic, aesthetics, and neighborhood deterioration. This new approach to development design has been popularized by the term "smart growth" and its purpose is to achieve the average density goals set forth by each zone.

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

To the greatest extent possible, attention shall be given to greater design details and the average density set forth by each individual zone shall be achieved through a mix of residential housing types and sizes. The SD combining zone implements the Low Density Residential (LDR), Medium Density Residential (MDR), High Density Residential (HDR), Quasi-Public (QP), and Schools (S) land use designations in the General Plan.

C. IBA – Industrial Boulevard Area Combining Zone. The purpose of the Industrial Boulevard Area (IBA) combining zone is to provide special land development standards for property located along that portion of Madera Avenue, south of California Street, that is zoned for industrial uses. All regulations contained in this combining zone are deemed to be necessary for the protection of the health, safety, and general welfare of the City and of owners and users of property along this corridor. The IBA combining zone implements the Industrial (I) land use designation in the General Plan.
95 Section 5, Item E.

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

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

2. Existing uses in PD combining zones shall continue to be governed by this Section, but no additional PD combining zones shall be established. Modifications or expansions to an existing use within existing PD zones shall require an amendment to the Development Plan Permit approved for the use and approval of any other applicable planning permit. New uses within an existing PD zone may be allowed as permitted by Subsection 17.18.020 (B) (PD Combining Zone Land Use Regulations).

B. PD Combining Zone Land Use Regulations. PD combining zones shall comply with the following.

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

2. Uses Requiring a Conditional Use Permit. All uses identified as requiring a Conditional Use Permit (CUP) in the R-1, R-2, and R-3 in Table 17.10-1 (Land Use Regulations – Residential Zones), shall also require the approval of a Conditional Use Permit.

C. PD Combining Zone Development Standards. The following development standards together with other applicable standards specified in this Zoning Code shall apply to all land and structures within the PD combining zone:

1. Minimum Parcel Area. The minimum parcel size for a PD combining zone parcel is two acres.

2. Density. The average number of dwelling units per net area shall not exceed the density allowed by the base zone, unless the applicant can demonstrate that additional usable common open space beyond the five percent requirement can be achieved. If so, the Commission or Council may grant a density bonus. This density bonus shall be based on the following standards:
a. Net Useable Open Space. PD combining zones shall provide the following. i. Six to 10 percent: Six percent density bonus;
ii. Eleven to 25 percent: 10 percent density bonus;
iii. Over 35 percent: 220 percent density bonus.
96 Section 5, Item E.

Chapter 17.18 Combining Zones
40 b. Useable common open space is those portions of the project site which are suitable for common use by the residents of the development. This open space shall not include parking areas, private patios, building separations, or storage areas.

3. Height. The maximum height of a structure shall be consistent with the base zone requirements.

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

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

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

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

8. Side Yard Setback. Not more than 25 percent of the parcels in a single-unit dwelling subdivision shall deviate from the side yard setback standard of the base zone nor shall any of these parcels have a side yard setback that is less than five feet on interior parcels, 10 feet of street side parcels, or 15 feet on reverse corner parcels. 97 Section 5, Item E.

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

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

11. Subdivision Parks. In consideration of the greater need for public recreational space in higher density residential zones, the City requires that certain improvements will be made to the City’s park system. This may be accomplished in one of two methods as selected by the Commission and subject to the Council’s approval, based upon the needs of the park system and the impact of the proposed development. The value of these improvements shall be based upon the cost and park development of one average size parcel for every 30 lots within a subdivision. The Commission and Council shall determine whether property dedication and development or the payment of an in-lieu fee for acquisition or development of nearby recreational facilities would best serve the recreational needs of residents. The amount of any in-lieu fee shall be based upon the value of the parcel dedication and development costs referenced above as determined by the City Engineer provisions for dedication and development or payment shall be made in a subdivision agreement.

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

E. Accessory Structures. Construction of accessory structures shall be consistent with the standards established in Chapter 17.22 (Accessory Structures).

F. Signs. Signs shall be consistent with the requirements of Chapter 17.30 (Sign Regulations).

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

1. Fences, walls, and hedges shall be consistent with the site distance provisions established in Section 17.20.030 (Clear Sight Triangle).

2. Fences, walls, and hedges shall not exceed seven feet in height in any rear or side yard.

3. Fences, walls, and hedges shall not exceed 42 inches in height in any required yard area.

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

The wall or fence shall be equipped with self-latching gates, the latching mechanism being located not less than four feet above the ground. The fence or wall must be installed and 98 Section 5, Item E.

Chapter 17.18 Combining Zones
42 approved by the Building Division prior to the pool being filled with water, or as required by California Building Code.

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

H. Parking. PD combining zones shall comply with the following standards.

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

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

Figure 17.18-1
Example of Planned Development

99 Section 5, Item E.

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

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

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

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

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

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

6. Development in this zone is demonstratively superior to the development that could occur under the base zone regulations.

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

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

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

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

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

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

Table 17.18-1 (Development Standards – Smart Residential Development Combining Zones) establishes parcel and structure standards that apply to all development in the 100
Section 5, Item E.

Chapter 17.18 Combining Zones
44 specified SD combining zones. Provisions in other sections of this Zoning Code may also apply.

Table 17.18-1
Development Standards – Smart Residential Development Combining Zones Development Feature
(minimum unless otherwise
specified)
Combining Zone
SD-R-5 SD-R-4.5 SD-R-3.5 SD-R-2.5
General
Average Parcel Size (sq. ft.) 5,000 4,500 3,500 2,500
Height (max. ft.) 35 35 35 45
Structure Coverage (max.
percentage of total parcel
area)
50 50 60 `70
Density*
Minimum (max. du/ac)1 n/a n/a n/a 20
Maximum (max. du/ac)1 12 12 12 24
Yards (ft.)2
Front 20 20 10 10
Rear 10 10 7 7
Interior Side3 5 5 5 5
Street Side 5 5 5 5
Street Side (Reverse Corner lot
including fencing) 15 15 15 15
Yard Area (sq. ft.)4 800 700 500 250
Specific Standards
* Density calculations do not include park or open space amenities. 1 The number of residential dwelling units per acre shall meet the minimum average density and not exceed the maximum average density set forth by each district. To the greatest extent possible, the density set forth by each district shall be achieved through a variety of housing types and sizes.
2 Minimum yard standards shall be approved by the Planning Commission. When yard standards are not determined by the Planning Commission, the yard standards identified in Table 17.18-1 of this Chapter shall apply. 3 Residential dwelling unit(s) is/are allowed to be built on a property line (i.e., zero lot line design) if there is a minimum distance on one side or the other of 10 feet between said unit and the structure on the abutting parcel. 4 Each yard satisfying the minimum size requirement shall have a minimum depth and width of 10 feet and shall have direct access from at least one of the enclosed living areas (i.e., family room, living room, or kitchen area) of the dwelling.

2. Architectural Style. The elevation drawings of Structures to be constructed in the SD combining zones shall be submitted as part of the Development Plan Review Permit, to be approved by the Commission.

3. Public Streets and Alleys. SD combining zones shall comply with the following standards. 101
Section 5, Item E.

Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.18 45 a. Street Width. Residential subdivisions may have local streets that have a paved minimum width of 32 feet (curb to curb) and include additional on-street parking within the right-of-way. One-way streets shall have a minimum width of 20 feet and the left travel lane shall be marked as a fire lane with no parking allowed. b. Parkways. Tree-lined parkways shall be installed with a minimum width of seven feet and a sidewalk with a minimum width of five feet. Sidewalks may be in or partially in an access easement outside the right-of-way. c. Connectivity. All streets and public walks shall be designed to maximize connections of both street and walkways to surrounding collector and arterial streets to provide maximum walkability within neighborhoods and help dilute traffic congestion and speed. Cul-de-sacs are generally discouraged and should be used only where necessitated by shape of the overall property being subdivided. d. Alleys. Alleys shall have a paved width of 20 feet. Connecting driveways shall be provided with adequate sight-distance on either side of the driveway. e. Traffic Calming Devices. Traffic calming devices such as bulb-outs are encouraged at all intersections and roundabouts are encouraged where appropriate as an alternative to a four-way stop.
i. "Bulb-outs" refers to curb extensions that serve to narrow roadways to slow traffic, shorten the exposed distance pedestrians must walk to cross intersections, create parking pockets and discourage parking on street corners.
ii. "Roundabouts" refers to a type of road junction where traffic yields upon entering traffic that streams circularly around a central island-statistically safer than traditional intersections, roundabouts also eliminate excessive stopping and idling which has been proven to be a major contributor to air pollution.

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

5. Open Space/Parks. In the SD combining zones, common open space shall be provided on site at a ratio of four acres per 1,000 residents. Where the Parks and Community Services Director finds that a neighborhood park is not necessary because of proximity to the location of a community park, an in lieu fee shall be paid. The amount of said fee shall be determined by the Master Fee Schedule and shall be identified in a subdivision agreement. 102
Section 5, Item E.

Chapter 17.18 Combining Zones
46 6. Residential Unit Design. SD combining zones shall comply with the following standards. a. Garages. The elevation of a garage nearest a street shall be set back to the extent necessary to be practical and safe.
b. Corner Parcels. Residential dwelling units situated on corner parcels should encourage a design that orients the garage and the front door to face different streets, except for duplexes. In the case of a corner parcel home with an alley, the garage may be accessed from the alley.

7. Landscaping and Open Space. SD combining zones shall comply with the following standards.
a. A minimum of 40 percent of the front yard area shall be landscaped with a combination of trees, turf, or shrubbery. Hybrid Bermuda or other grass that requires a minimum of water shall be encouraged. Plant material shall be varied in size, shrubs from one to five gallons, and trees from 15 to 24-inch boxes. b. All landscaped areas shall be provided with an automatic irrigation system. c. At least two parkway trees shall be required on both the front and side street frontage of each parcel with a maximum spacing of one 15-gallon tree per 40 feet. d. Deciduous trees shall be planted along the south and west facing structure walls to allow solar access during the winter.
e. Trees should be located where they will screen views by residents of parking lots, back yards and patios.
f. On-site common open space shall be centrally located to promote visibility from surrounding units. Benches, shading, waste receptacles, lighting, and a drinking fountain should be incorporated into this open space feature. g. Deviation from the above landscaping requirements may be considered by the Commission in order to meet State MWELO requirements or other State governing mandates necessary to preserve water usage.

8. Fences, Walls, and Hedges. SD combining zones shall comply with the following standards. a. All fencing visible from the street shall contain pilasters, columns, or posts. These pilasters shall generally be placed as follows: where two fences intersect, where a fence and a gate intersect or at the corner of a parcel. Fencing that does not conform to this requirement must first be approved by the Commission. b. Fences or walls that surround a parking lot shall be landscaped with plant material, such as vines and shrubs that mask these hard surfaces. 103
Section 5, Item E.

Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.18 47 c. Decorative wrought-iron fencing is encouraged, especially between on-street parking and the living units.
d. Gates and pedestrian opening(s) into the project shall be accentuated with pilasters, landscaping, trellises, lighting, and/or entry identification signs.

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

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

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

17.18.040 Industrial Boulevard Area Combining Zone (IBA) Standards and Regulations A. IBA Combining Zone Land Use Regulations. IBA combining zones shall comply with the following standards.
104
Section 5, Item E.

Chapter 17.18 Combining Zones
48 1. Uses Allowed by Right. Uses allowed by right (P) in the IBA combining zone shall be determined by the underlying M-2 base zone.

2. Uses Requiring an Administrative Use Permit. Uses requiring an Administrative Use Permit (AUP) in the IBA combining zone shall be determined by the underlying M-2 base zone.

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

B. IBA Combining Zone Development Standards. The following development standards together with applicable standards specified in the base M-2 zone shall apply to all land and structures in the IBA combining zone.

1. Minimum Parcel Size. A parcel of land abutting Madera Avenue shall have a minimum area of two acres.

2. Height. The maximum height of any structure shall be determined by the base zone.

3. Yard Setback Areas.
a. Front Yard: 50 feet.
b. Rear Yard: Determined by base zone.
c. Side Yard: Determined by base zone.

4. Structure Coverage. No requirement.

5. Parcel Dimensions. That portion of a parcel fronting onto Madera Avenue shall have a minimum width of 265 feet.

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

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

C. Signs. Requirements forsigns shall be consistent with the standards specified in Chapter 17.30 (Sign Regulations).

D. Fences, Walls, and Hedges. IBA combining zones shall comply with the following standards.

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

2. Fences, walls, and hedges shall be consistent with the site distance provisions established in Section 17.20.030 (Clear Vision Triangle).
105
Section 5, Item E.

Article 2 – Zones, Allowable Uses, and Development Standards Chapter 17.18 49 3. Fences, walls, and hedges shall not exceed seven feet in height in any rear or side yard.

E. Parking. Off-street parking and loading shall be consistent with the requirements of Chapter 17.28 (Parking, Loading, and Access).

F. Processing Requirements. All development on the IBA combining zone district shall be subject to the Development Plan Review Permit as required in Chapter 17.96 (Development Plan Review Permit).
106
Section 5, Item E.

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107
Section 5, Item E.

17 – Zoning Code
Article 3 – Regulations Applicable to
all Zones
Table of Contents
CHAPTER 17.20 GENERAL SITE PLANNING AND DEVELOPMENT STANDARDS ................................ 2

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

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

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

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

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

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

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

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

17.22.040 Commercial Accessory Structure Standards ............................................................................. 6

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

17.22.060 Residential Accessory Structure Standards............................................................................... 8 CHAPTER 17.24 FENCES, WALLS, AND HEDGES ............................................................................... 10

17.24.010 Applicability ............................................................................................................................. 10

17.24.020 Height Limitations ................................................................................................................... 10

17.24.030 Fence Materials....................................................................................................................... 10

17.24.040 Required Walls ........................................................................................................................ 11 CHAPTER 17.26 LANDSCAPING ........................................................................................................ 14

17.26.010 Purpose.................................................................................................................................... 14 108
Section 5, Item E.

Article 3 – Regulations Applicable to all Zones City of Kerman Zoning Code ii

17.26.020 Applicability ............................................................................................................................. 14

17.26.030 Water Efficient Landscape Ordinance..................................................................................... 14

17.26.040 General Landscaping Standards.............................................................................................. 14

17.26.050 Landscape Area Requirements................................................................................................ 14

17.26.060 Artificial Turf............................................................................................................................ 15

17.26.070 Deferred Landscaping in Residential Zones ............................................................................ 17 CHAPTER 17.28 PARKING, LOADING, AND ACCESS ......................................................................... 20

17.28.010 Purpose and Applicability........................................................................................................ 20

17.28.020 Building Permit........................................................................................................................ 20

17.28.030 General Provisions................................................................................................................... 20

17.28.040 Number of Spaces Required.................................................................................................... 22

17.28.050 Compact Parking Spaces.......................................................................................................... 28

17.28.060 Accessible Parking Spaces. ...................................................................................................... 28

17.28.070 Reduction of Parking Requirements........................................................................................ 29

17.28.080 Recreational Vehicle Parking in Residential Zones.................................................................. 30

17.28.090 Off-Site Designated Parking .................................................................................................... 31

17.28.100 Parking Facility Design Standards............................................................................................ 31

17.28.110 Off-Street Loading Requirements ........................................................................................... 35 CHAPTER 17.30 SIGN REGULATIONS ............................................................................................... 38

17.30.010 Purpose and Applicability........................................................................................................ 38

17.30.020 Standards for Permitting Requirements ................................................................................. 45

17.30.030 Signs Subject to a Conditional Use Permit .............................................................................. 48

17.30.040 Exempt Signs ........................................................................................................................... 48

17.30.050 Prohibited Signs....................................................................................................................... 50

17.30.060 Temporary Signs...................................................................................................................... 52

17.30.070 Signs Allowed by Zone............................................................................................................. 54

17.30.080 Specific Use Signs .................................................................................................................... 62

17.30.090 Abandoned or Dilapidated Signs, Frames, Structural members, and Supporting Poles......... 65 109
Section 5, Item E.

Article 3 – Regulations Applicable to all Zones City of Kerman Zoning Code iii

17.30.100 Master Sign Program............................................................................................................... 66

17.30.110 Minor Deviations and Variances ............................................................................................. 66

17.30.120 Nonconforming Signs.............................................................................................................. 68 CHAPTER 17.32 HISTORIC PRESERVATION (RESERVED) .................................................................. 71

17.32.010 Reserved.................................................................................................................................. 71 110
Section 5, Item E.

Article 3 – Regulations Applicable to all Zones City of Kerman Zoning Code iv
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111
Section 5, Item E.

Chapter 17.20
General Site Planning and
Development Standards
w
112
Section 5, Item E.

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

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

These standards are established to assure that Kerman develops in a manner that promotes efficient and orderly community growth.

17.20.020 Street Improvements
The following street improvements and dedications shall be completed prior to the issuance of a Building Permit unless stated otherwise in this Zoning Code.

A. Street and road dedications shall be made to the City in a manner prescribed by the City Engineer and consistent with the Circulation Element of the General Plan.

B. Curbs, gutters, and sidewalks shall be constructed as a condition of all development. Under certain circumstances, an exception may be granted by the City Engineer.

C. Driveways and parking aprons shall be constructed in a manner consistent with the Kerman Standard Construction Details or as approved by the City Engineer.

D. All street improvements shall be constructed in a manner consistent with the Kerman Standard Construction Details or as approved by the City Engineer.

17.20.030 Clear Vision Triangle
A. Purpose and Applicability. All new development proposed adjacent to any public or private street or alley intersection, shall be designed to provide a clear vision triangle for pedestrian and traffic safety.

B. Measurement of Clear Vision Triangle Area. A clear vision triangle shall be measured as follows:

1. Corner Parcels. On corner parcels, the clear vision triangle shall be formed by a 90-degree triangle with two sides measuring 25 feet along both the front and side curb lines, said length beginning at their intersection, and a third side connecting the two ends running diagonally across the property. See Figure 17.20-1 (Clear Vision Triangle). 113
Section 5, Item E.

Article 3 – Regulations Applicable to all Zones Chapter 17.20 3 2. Parcels Containing or Abutting a Right-of-Way Easement, Private Drive, or Alley. On parcels containing or abutting a parcel containing a right-of-way easement, private drive, or alley, the clear vision triangle area shall be formed by a 90-degree triangle with two sides measuring 25 feet along each side of the right-of-way easement, private drive, or alley and the curb line abutting the roadway, said length beginning at their intersection, and a third side connecting the two ends running diagonally across the property. See Figure 17.20-1 (Clear Vision Triangle).

C. Obstructions and Height Limit in Clear Vision Triangle. It is unlawful to erect, install, or maintain any structure, fence, wall, hedge, sign, or obstruction higher than three feet above the nearest roadway curb level within the required clear vision triangle.

Figure 17.20-1
Clear Vision Triangle

17.20.040 Solid Waste and Recycling Enclosures
In addition to Chapter 8.12 (Collection, Recycling, and Disposal of Solid Waste) of the Municipal Code, the following standards shall apply to all solid waste and recycling enclosures:

A. All solid waste and recycling enclosures associated with new multi-unit residential dwellings, office, industrial, and commercial developments shall be constructed consistent with City Trash Enclosure Standard No. 5 and be screened with landscaping so that they are not visually obtrusive from any off-site location. All new enclosures shall be constructed with a slanted solid roof cover. 114
Section 5, Item E.

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

17.20.050 Undergrounding of Utilities
All utility services associated with new development (see definition for “development” in Article 8) shall be placed underground.
115
Section 5, Item E.

Chapter 17.22
Accessory Structures
116
Section 5, Item E.

Chapter 17.22 Accessory Structures
6 Chapter 17.22 Accessory Structures

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

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

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

B. Setbacks. Agricultural accessory structures shall comply with the following setback standards.

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

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

3. Side Setbacks. The side setbacks shall be the same as the side setback standards for the zone in which the agricultural accessory structures is being located, except when the structure will not exceed six feet in height. For structures six feet or less in height, the rear setback shall be no less than five feet.

C. Distance Between Structures. The distance between a structure used for human habitation and a structure used for livestock shall be 30 feet.

17.22.040 Commercial Accessory Structure Standards
A. Height. The maximum height of commercial accessory structures shall be the same as the height standard for the zone in which the accessory structure is being located, unless otherwise regulated in this Zoning Code.

B. Setbacks. Commercial accessory structures shall comply with the following setback standards, unless otherwise permitted by this Zoning Code.
117
Section 5, Item E.

Article 3 – Regulations Applicable to all Zones Chapter 17.22 7 1. Front Setback. The front setback shall be the same as the front setback standard for the zone in which a detached commercial accessory structure is being located, except in the case of attached uncovered patios, decks, porches, and breezeways. Attached structures shall have a front setback distance of 60 percent of the front setback standard for the zone in which the commercial accessory structure is being located.

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

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

17.22.050 Industrial Accessory Structure Standards.

A. Height. The maximum height of industrial accessory structures shall be 45 feet in the M-1 District and 55 feet in the M-2 District.

B. Setbacks. Industrial accessory structures shall comply with the following setback standards.

1. Front Setback. The front setback shall be the same as the front yard setback standard for the zone in which a detached industrial accessory structure is being located, except in the case of attached uncovered patios, decks, porches, and breezeways. Attached structures shall have a front setback distance of 60 percent of the front setback standard for the zone in which the industrial accessory structure is being located. 118
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Chapter 17.22 Accessory Structures
8 2. Rear Setback. The rear setback shall be the same as the rear setback standard for the zone in which a detached industrial accessory structure is being located. In cases where the structure is six feet or less in height and the setback distance for the primary structure is greater than five feet, the structure shall have a setback distance of no less than five feet.

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

17.22.060 Residential Accessory Structure Standards
A. Height. The maximum height of residential accessory structures shall be twelve feet, unless otherwise regulated in this Zoning Code.

B. Setbacks. Residential accessory structures shall comply with the following setback standards, unless otherwise permitted by this Zoning Code.

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

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

Swimming pools shall have a minimum of five feet setback from any living quarters and adjoining property line.

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

4. Space Between Structures. The minimum space between residential accessory structures is 10 feet.
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Chapter 17.24
Fences, Walls, and Hedges
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Chapter 17.24 Fences, Walls, and Hedges
10 Chapter 17.24 Fences, Walls, and Hedges

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

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

B. In the RR, R-1, R-2, R-3, AND MU zones, in the case of two adjoining or contiguous parcels which have a difference in ground elevation, an additional fence height may be allowed between side or rear setback area for a total height of six feet at the highest finished grade, but in no case exceeding eight feet above the ground level of the lower parcel at the property line; provided that the portion of any fence permitted extending above six feet shall be designed as to permit adequate air circulation and be permitted by a Zoning Clearance. This provision shall not be construed to prevent or prohibit shrubs, trees, or other ornamental plantings which are primarily intended or designed for landscaping purposes.

C. In the CG, CN, CS, PA, M-1, and M-2 zones, fences may be allowed in excess of seven feet in height, subject to the approval of a Conditional Use Permit in compliance with Chapter 17.84 (Conditional Use Permit). Said fence shall not exceed eight feet in height.

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

B. Fences shall be constructed of original material. Fences in residential zones shall not be constructed of chain link, wire mesh, corrugated metal/plastic, or other repurposed material. Chain link fences with privacy slats may be constructed when the fence is not visible from the public right-of-way. 121
Section 5, Item E.

Article 3 – Regulations Applicable to all Zones Chapter 17.24 11 C. Electrified fences are prohibited in all zones.

17.24.040 Required Walls
A. A seven-foot solid block or masonry wall shall be constructed between residential and nonresidential zones, except when the MU zone abuts a residential zone on the rear or side property lines separating the two zones. A block wall between an MU zone and a residential zone may be required to mitigate noise impacts.

B. A greater height for a solid block or masonry wall may be constructed when deemed necessary by a mitigation measure under a CEQA Mitigation Monitoring Program, approved by the Planning Commission as part of a planning permit.
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Chapter 17.24 Fences, Walls, and Hedges
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Chapter 17.26
Landscaping
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Chapter 17.26 Landscaping
14 Chapter 17.26 Landscaping

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

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

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

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

B. Plant Materials. Landscaping may consist of a combination of turf, groundcovers, mulch, shrubs, vines, and trees.

C. Minimum Replacement Tree Size. The minimum tree size container shall be 15-gallons.

D. Replacement Tree Spacing. Replacement trees in compliance with Subsection C (Minimum Replacement Tree Size) shall be planted at a ratio of one tree for every 25 feet of frontage along a public right-of-way.

E. Landscape Planters. Landscaped planters shall be surrounded with a six-inch-high concrete curb or a similar type barrier to protect the landscaping from foot and automobile traffic.

17.26.050 Landscape Area Requirements
A. Minimum Landscape Area. Front and street-side yards of uses requiring site plan review shall have composed of turf to the extent necessary to comply with MWELO. The balance of the area can be 125
Section 5, Item E.

Article 3 – Regulations Applicable to all Zones Chapter 17.26 15 composed of trees, shrubs, groundcover, or hardscape. Consideration should be given to the use of xerophytic (drought tolerant) plants and grasses.

B. Landscaping Location. The front yard setback area of all new development shall be landscaped with the exception of driveways. In addition, those side and rear yard setback areas, as determined by the Director, which are directly visible from public roads, and easements, and properties, shall also be landscaped.

17.26.060 Artificial Turf
A. General. Artificial turf is allowed in all zones subject to the following standards and comply with the standards established by this Chapter.

B. Locations Allowed. Artificial turf is allowed in the following locations:

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

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

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

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

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

1. Materials and Style. Artificial turf shall comply with the following material standards. a. Cut-Pile Fill. Artificial turf shall be of a type known as cut pile infill and shall be composed of polypropylene, polyethylene, or a blend of polypropylene and polyethylene fibers stitched onto a polypropylene or polyurethane meshed or hole-punched backing. Hole-punched backings shall have holes spaced in a uniform grid pattern with spacing not to exceed four inches by six inches on center. b. Prohibited Materials. Nylon-based, plastic, or petroleum-based grass blades are not allowed.
c. Color. A minimum blend of three colors, predominately green. d. Blade Length. A minimum blade length of 1.5 inches, with spines and uneven tops. e. Infill Medium. Infill medium must be a natural material, such as coconut fiber, cork, and sand. Rubber infill medium is prohibited.
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Chapter 17.26 Landscaping
16 f. Warranty and Fire Resistance. The product must have a minimum eight-year warranty and be fire resistant.

2. Installation. Artificial turf shall be installed in compliance with the following procedures and standards.
a. Maximum Slope. Artificial turf shall only be allowed on sloped areas less than 25 percent.
b. Existing Sprinkler Systems. Prior to installation of artificial turf, all existing sprinkler systems (i.e., piping, valves, sprinkler heads) no longer in use shall be capped or removed.
c. Ground Preparation. Prior to installation of artificial turf, all existing landscaping and plant material shall be removed where the artificial turf will be located and a minimum of three inches of soil excavated.
d. Ground Leveling. The turf area shall be leveled, with a crushed stone subbase (i.e., decomposed granite) added to establish a foundation and facilitate drainage for the turf. The stone subbase shall be a minimum of three inches in depth. e. Drainage. Artificial turf areas shall be sufficiently drained to a permeable area or live landscaped area to prevent excessive pooling, runoff, or flooding. f. Barrier Buffer Required. A solid barrier buffer, such as a concrete mow strip, bender board, or similar material, shall be installed between the artificial turf and live plant material or soil to prevent mixing of natural plant materials and artificial turf.
g. Weed Barrier. A permeable geotextile (weed barrier) shall be installed to prohibit the growth of weeds. This barrier may either be incorporated into the synthetic turf or be installed as a separate layer on top the subbase. h. Fastening and Anchoring. Artificial turf must be permanently anchored with nails/spikes/staples and glue, and all seams must be nailed/spiked/stapled, or sewn, and glued, with the grain pointing in a single direction.

3. Appearance and Maintenance. Artificial turf shall comply with the following appearance and maintenance standards.
a. Maintenance. Artificial turf shall be installed and maintained to effectively simulate the appearance of a well-maintained, natural turf lawn. Synthetic turf must be maintained in a green, fadeless condition, free of weeds, stains, debris, tears, holes, depressions, ruts, odors, and looseness at edges and seams. No edges shall be exposed.
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Article 3 – Regulations Applicable to all Zones Chapter 17.26 17 b. Replacement of Damaged and Worn Areas. Damaged or worn areas in artificial turf surface shall be repaired, or removed and replaced, in a manner that results in the consistent appearance with the existing artificial turf. Artificial turf shall be removed and replaced once it is unable to be maintained as required. c. Parking Prohibited. Vehicle parking on artificial turf is prohibited.

17.26.070 Deferred Landscaping in Residential Zones
In residential zones, compliance with the landscaping standards of this Chapter may be deferred for a period of not more than six months if all the following conditions are satisfied.

A. The use is an allowed us as specified in Chapter 17.10 (Residential Zones); B. The deferment is applied for prior to the issuance of a certificate of occupancy by an owner-builder with the intent of personally occupying the residence;
C. The owner(s) deposits with the City a security deposit of $500 or as may be established by Subsection (D) below; and
D. The owner(s) pays the deferred landscape agreement fee set pursuant to Section 17.72.030 (Fees); 128
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Chapter 17.26 Landscaping
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Chapter 17.28
Parking, Loading, and Access
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Chapter 17.28 Parking, Loading, and Access
20 Chapter 17.28 Parking, Loading, and Access

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

B. Minimum Parking Standards. This Chapter shall not be construed to prohibit the installation and maintenance of more parking spaces than the minimum number required.

17.28.020 Building Permit.

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

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

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

17.28.040 (Number of Spaces Required), below, the parking requirements for the use shall be determined by the Director. The Director shall establish a parking standard based on the operational similarity and parking demand of permitted uses in the zone district.

B. Combination of Uses. Where there is a combination of principal uses in any one facility, the sum of the parking requirements calculated separately for each of these uses shall be provided unless otherwise indicated.

C. Fractional Spaces. If the calculation of parking needs results in the requirement for a fraction of a parking space, such a parking space need not be provided unless the fraction exceeds 50 percent.

D. Seats or Seating Capacity. Where the standards for parking set forth in this Chapter are based upon seating capacity, the capacity shall be determined by the actual seating capacity. Where pews or 131
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Article 3 – Regulations Applicable to all Zones Chapter 17.28 21 benches will be used, seating capacity will be based on the following: one seat per 18 inches of pew or bench length and one seat per 30 inches of booth length for dining.

E. Parking Required On-Site. All required parking shall be located on the same parcel or development site as the uses served, except for parking located off-site in compliance with Section 17.28.090 (Off-Site Designated Parking).

F. Change of Occupancy. For a change of occupancy where the parking demand is increased and where no new construction requiring a Building Permit is anticipated, but a new Business License is required, the Director shall review the parking requirements of the proposed use and shall require a Parking Plan, consisting of a scaled site plan showing parking stalls, landscape islands, drainage if applicable, ingress, egress drawn to scale consistent with City parking stall standards, for the Director’s review and approval. No new Business License shall be issued until the Director has approved the Parking Plan. Copies of the Parking Plan drawn to scale shall be submitted in digital format to the Director for approval. The Parking Plan shall show the whole property in question and the means of ingress and egress, location of structures, parking spaces, landscaping, and any other proposed facilities. A Business License shall be issued once the Director finds the Parking Plan complies with the provisions established in this Chapter. If the site is unable to accommodate the necessary parking, the Finance Director shall deny the Business License.

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

Such nonconforming use may continue, but no enlargement or expansion of seating capacity or square footage shall be made in such use or structure, unless the required number of parking spaces or parking area as designated by this Chapter is provided in addition to all other applicable development standards. Any change of use in an existing structure or parcel that requires more parking space shall provide the additional parking areas required in this Chapter. 132
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Chapter 17.28 Parking, Loading, and Access
22 17.28.040 Number of Spaces Required
Table 17.28-1
Minimum Number of Spaces Required by Use
Land Use Spaces Required
Human Services Uses
Cemetery.
• Crematories
• Mausoleums
• Columbariums
• Funeral establishments
1 space for every 2 seats in the main assembly room plus 1 parking space for each regular employee and 1 parking space for each vehicle operated on the grounds by the proprietary institution.

Child Day Care Home Parking spaces shall be provided as established for Single-Unit Dwelling, Two-Unit Dwelling, and Mobile Home on Individual Parcels).

Community Care Facility, Large 1.5 parking spaces for every 6 adults receiving care in the home in addition to the number of spaces required for the home.

Community Care Facility, Small Parking spaces shall be provided as established for Single-Unit Dwelling, Two-Unit Dwelling, and Mobile Home on Individual Parcels).

Day Care Center 1 parking space for each employee on any given shift plus 1 passenger loading space for every 8 children licensed by the County or State.

Emergency Shelter 1 space per facility for staff plus 1 space per 6 occupants or beds allowed at the maximum occupancy. A covered and secured area for bicycle parking shall be provided for use by staff and clients, commensurate with demonstrated need, but no less than a minimum of 8 bike parking spaces.

Hospital 2 parking spaces for each bed licensed by the State and 1 space per every 500 square feet of office, clinic, or lab area. Any outpatient facilities shall provide additional parking as required for a medical office. Nursing homes and convalescent hospitals shall provide at least 1 space for every 4 beds licensed by the County or State.
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Article 3 – Regulations Applicable to all Zones Chapter 17.28 23 Table 17.28-1
Minimum Number of Spaces Required by Use
Land Use Spaces Required
Industrial Uses
General Industrial and Processing Uses 1 parking space for each employee on any given shift and each company-operated vehicle;
1 parking space for every 1,500 square feet of gross floor area and each company-operated vehicle.

Manufacturing or repair plants maintaining more than one shift of workers shall provide 2 parking spaces for every 3 employees on each of the 2 larger shifts plus 1 parking space for each company-operated vehicle.

Utility Facility and Infrastructure 1 parking space for every 2 employees on the premises at any 1 time including overlaps in shifts.

Warehouse or Distribution Facility 1 parking space for each employee on any given shift plus 1 parking space for each company-operated vehicle, or 1 parking space for every 2,000 square feet of gross floor area, whichever is greater.

Recreation, Education, and Public Assembly Uses
Athletic Club 1 parking space for every 250 square feet of gross floor area.

Bowling Center 4 parking spaces for each lane. Other principal uses with the bowling center such as restaurants, pool halls, cocktail lounges, and other uses shall provide additional parking spaces as required by the provisions of this Chapter for each use.

Card Rooms 1 parking space per 2 seats.

Commercial Stable 1 space for each employee on any given shift and 1 space for every 5 stalls.

Driving range 1.5 spaces for each tee or station
Golf Course As determined by the Director based upon the specific uses and improvements proposed.

Miniature Golf Course 1.5 spaces for each hole.
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Chapter 17.28 Parking, Loading, and Access
24 Table 17.28-1
Minimum Number of Spaces Required by Use
Land Use Spaces Required
Park Public parks over ten acres in size shall provide at least five percent of the total area for off-street parking facilities.

Parking requirements for public parks less than 10 acres shall be determined by the Director.

Pool and Billiard Room 2 spaces for each table.

Recreational Vehicle (RV) Park 1.5 spaces per RV site
School Elementary and Junior High School. 1 space for each employee or 1 space for every 3 seats in the auditorium or multipurpose room, whichever is greater, plus off-street loading space for at least
2 school buses.

High schools shall provide the greater of the following:
1 space for each employee and 1 parking space for every 3 students in the 11th and 12th grades, or
1 space for every 3 seats in the main auditorium or stadium, whichever is the greater.

College. 1 space for each employee and 1 parking space for every 2 students, or at least 1 parking space for every 3 seats in the main auditorium or stadium, whichever is the greater.

Skating Rink 1 space for every 100 square feet of skating area. Other users within the skating center such as seating for observation, game rooms, and other uses shall provide additional parking spaces required by the provisions of this chapter for each use.

Stadiums and Similar Uses 1 space for every 4 seats for stadiums, ball parks, and other outdoor sports areas with fixed seating.

Swimming and Tennis Club Swimming and tennis clubs, cabana clubs, public neighborhood pools and similar recreational clubs or facilities shall provide at least the number of parking spaces or amount of parking area required by the use requiring the greatest parking area plus 50 percent of the parking required by the sum of other uses, as specified in this chapter.

Tennis and Other Court Games 2 spaces for each court.
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Article 3 – Regulations Applicable to all Zones Chapter 17.28 25 Table 17.28-1
Minimum Number of Spaces Required by Use
Land Use Spaces Required
Residential Uses
Boarding House 1 space for every 2 occupants based upon the maximum occupant load of the sleeping or dining area, whichever is greater.

Mobile Home Park 1 covered space for each mobile home site and 1 space for every 5 mobile homes for guest parking.

Supplemental parking for boats, travel trailers, and other vehicles shall be provided at a ratio of 1 space for every 5 mobile home sites. Parking Spaces shall be allowed on only one side of the interior streets.

Multi-Unit Dwelling and Cluster Development 1.5 spaces for each studio or 1 bedroom unit and 2 spaces for each unit 2 bedrooms or larger. Any room which could be converted into a bedroom (such as a den) shall be considered a bedroom when computing required parking. 1 of the required parking spaces per unit shall be covered.

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

Developments which contain less than 4 units are not required to provide guest parking spaces.

Single-Unit Dwelling, Two-Unit Dwelling, and Mobile Home on Individual Parcels
2 covered parking spaces shall be provided for each dwelling unit within the buildable portion of the parcel. The required parking spaces may be provided within a garage, a carport, or any combination thereof. Each parking space shall be at least 9 feet in width and 19 feet in length. All carports and garages shall have a driveway length of at least 20 feet free and clear from the back edge of the sidewalk which is for the temporary parking of vehicles. Driveways and parking aprons shall, at a minimum, have a chip and seal surface.

Retail, Service, and Office Uses
Appliance Repair 1 parking space for every 600 square feet of gross floor area and one parking space per 2 employees. If located within a shopping center with other mixed-use development, which is predominantly retail, the appropriate shopping center
requirement applies, provided that there are mutual parking agreements, and the total cumulative gross floor area of this 136
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Chapter 17.28 Parking, Loading, and Access
26 Table 17.28-1
Minimum Number of Spaces Required by Use
Land Use Spaces Required
use does not exceed 10 percent of the gross floor area of the shopping center.

Bank and Financial Institution 1 space per 200 square feet of gross floor area. If located within a shopping center or other mixed-use development which is predominately retail, the appropriate shopping center
requirement applies, provided that there are mutual parking agreements, and the total cumulative gross floor area of this use does not exceed 10 percent of the gross floor area of the shopping center.

Bar 1 space for every four seats and 1 space for every 150 square feet of standing room area based upon the capacity of the fixed and movable seating area as determined under the Uniform Building Code.

Building Materials and Lumber sales 4.5 spaces for every 1,000 square feet of gross floor area in the main retail structure, plus any additional parking is required for Outdoor Sales establishments to the balance of the sales area that is not within the main structure.

Event Venues 1 space for every 3 seats, based upon the capacity of the fixed and movable seating area as determined under the Uniform Building Code but not less than one space per 50 square feet of dance floor for dancehalls, ballrooms, discos, and similar event venues where dancing is the principal use of the premises.

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

Hotel and Motel 1 space for each sleeping room, suite of rooms or housekeeping unit. Where other primary uses are located on the premises such as restaurants, bars, and meeting rooms, 100 percent of the requirement specified in this Chapter for the primary use requiring the greatest amount of parking shall be 137
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Article 3 – Regulations Applicable to all Zones Chapter 17.28 27 Table 17.28-1
Minimum Number of Spaces Required by Use
Land Use Spaces Required
provided, and 70 percent of the requirement specified in this Chapter for the other uses shall be provided in addition.

Office Professional Office. 1 space per 400 square feet of gross floor area. Interior hallways used for access to office suites need not be counted in determining gross floor area.

Medical and Dental Office. 1 space per 200 square feet of gross floor area. If located within a shopping center or other mixeduse development which is predominantly retail, the appropriate shopping center requirement applies, provided that there are mutual parking agreements, and the total cumulative gross floor area of this use does not exceed 10 percent of the gross floor area of the shopping center.

Outdoor Sales. For outdoor sales areas (i.e., uncovered automobile or boat sales areas, building material and lumber yards, plant nurseries)
5 customer parking spaces for the first 5,000 square feet of uncovered sales area regardless of the actual area covered. In addition, one customer parking space for each additional 1,000 square feet of uncovered sales area to a required maximum of 20 customer parking spaces shall be provided. There shall also be at least one parking space for each employee on any given shift.

Personal Service 2 spaces for each established workstation or 1 parking space for every 150 square feet of gross floor area, whichever is deemed most feasible and necessary by the
Director, shall be provided. If located within a shopping center or mixed-use development which is predominantly retail, the appropriate shopping center requirement applies, provided that there are mutual parking agreements, and the total cumulative gross floor area of this use does not exceed 10 percent of the gross floor area of the shopping center.

Restaurant 1 space for every 4 seats based upon the capacity of the fixed and movable seating area as determined under the Uniform Building Code. There shall also be 1 parking space for every 2 employees on any given shift.

Retail Sales For general retail activities, including neighborhood markets, secondhand stores, wholesalers, restricted retail sales, and other mixed-use developments which are predominantly retail and utilize a common parking area through mutual parking 138
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Chapter 17.28 Parking, Loading, and Access
28 Table 17.28-1
Minimum Number of Spaces Required by Use
Land Use Spaces Required
agreements, parking shall be provided at a ratio of at least

4.5 spaces for every 1,000 square feet of gross floor area.

For uses such as retail stores principally displaying and selling furniture, floor coverings, pianos and organs, and large appliances, parking shall be provided at a ratio of at least one space per 600 square feet of floor area. If located within a shopping center or other mixed-use development which is predominantly retail, the appropriate shopping center
requirement applies, provided that there are mutual parking agreements, and the total cumulative gross floor area of this use does not exceed 10 percent of the gross floor area of the shopping center.

Vehicle, Boat, and Trailor Sales 1 space for each 400 square feet of gross floor area, plus 1 space for each 2 employees, plus any additional parking required for Outdoor Sales.

Vehicle Repair and Service 3 spaces for every 1,000 square feet of gross floor area. If located within a shopping center or other mixed-use
development which is predominantly retail, the appropriate shopping center requirement applies, provided that there are mutual parking agreements, and the total cumulative gross floor area of this use does not exceed 10 percent of the gross floor area of the shopping center.

17.28.050 Compact Parking Spaces.

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

17.28.060 Accessible Parking Spaces.

Accessible parking spaces shall be provided and designed in accordance with the requirements of Title 24 of the California Building Code and Federal ADA standards and requirements. 139
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Article 3 – Regulations Applicable to all Zones Chapter 17.28 29 A. Common parking facilities may be provided in place of the individual requirements specified in this Chapter and shared between the uses they serve provided the total number of off-street parking spaces, when used together, shall not be less than the sum of the various uses computed separately taking into consideration allowable reductions of parking requirements established in Section

17.28.070 (Reduction of Parking Requirements), below.

B. When any common parking facility is to occupy a site of 10,000 square feet or more, then the parking requirements as specified in this Section for each two or more participating structures or uses may be reduced by not more than 10 percent of the total area of the common parking facilities required upon approval of development plans through the Site Plan Review Permit.

17.28.070 Reduction of Parking Requirements
Non-residential uses may provide alternative facilities or programs which serve to reduce parking demand in return for a reduction in vehicle parking requirements. Vehicle parking requirements may be reduced in accordance with the following provisions:

A. Shower/Locker Facilities. Developments with 100 or more employees may reduce their parking requirement by providing shower and clothing locker facilities for bicycle commuting employees.

Maximum reduction: two percent of required parking or five spaces, whichever is greater.

B. Preferred Carpool/Vanpool Parking Spaces. Office or industrial developments which guarantee preferred parking spaces (i.e., covered, shaded, near building entrance) to employees who participate regularly in a carpool or vanpool may reduce their parking requirement by one vehicle space for every one space which is marked and reserved for carpools/vanpools at a preferred location. Maximum reduction: two percent of required parking. 140
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Chapter 17.28 Parking, Loading, and Access
30 C. Request For Special Review of Parking. Parking reductions exceeding the maximums specified in Subsections A or B above, or modifications of improvement requirements, may be granted whenever such reduction or modification is considered in conjunction with a review of a permit authorized by this Zoning Code. The project proponent shall submit with a parking plan and other documentation necessary to demonstrate that unusual conditions warrant a parking reduction, such as the multiple use of a parking area by uses having peak parking demands which occur at different times; floor plans which indicate that the floor area devoted to customer or employee use is less than typical for the size building proposed; or that other programs will be implemented by the developer or tenant(s) which will result in a demand for less parking at the site. The appropriate authority may require the recordation of agreements with the County Recorder, prior to issuance of a Building Permit, which assure that appropriate programs are implemented for the duration of the parking reduction.

17.28.080 Recreational Vehicle Parking in Residential Zones This Section regulates the parking and storage of recreational vehicles, boats, and boat trailers in residential zones. As further defined in Article 8 (definitions), recreational vehicles shall include any type of motor home, travel trailer, truck/camper, camping trailer, or camper (not mounted on a truck).

A. Recreational vehicles, boats, and boat trailers shall not be stored within the required front yard of any parcel within a residential zone.

B. Recreational vehicles exceeding 12 feet in height shall not be parked or stored on a residentially zoned parcel.

C. Recreational vehicles may be stored within a required rear or side yard subject to the following conditions:

1. No such vehicle shall be parked or stored within five feet of a rear property line.

2. No such vehicle shall be parked or stored within the required side yard on the street side of a corner parcel.

3. A solid fence or hedge at least seven feet in height shall be constructed to screen recreational vehicle storage areas located within a required side or rear yard. 141
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Article 3 – Regulations Applicable to all Zones Chapter 17.28 31 D. Recreational vehicles shall not be connected, either on a permanent or temporary basis, to any utility services, such as electrical (including extension cords), water, or sewer connections for the purposes of living or sleeping for any period of time, unless explicitly permitted by a planning permit.

E. Recreational vehicles shall not be stored on any property that does not have a legally permitted residential structure.

17.28.090 Off-Site Designated Parking
Commercial uses open to the public that require more than 30 parking spaces may be located on the premises, within 300 feet of the premises, or a combination of both, subject to the approval of an Administrative Use Permit. The off-site spaces to be included in the total parking requirement shall be located off-street and shall meet the all applicable development standards for off-street parking established in Section 17.28.040 (Number of Spaces Required).

17.28.100 Parking Facility Design Standards
All new off-street parking facilities shall comply with the following standards. These standards shall not apply to single-unit dwellings.

A. Off-street parking spaces shall be designed so that vehicles do not back out into an arterial or collector street.

B. The parking access area shall provide parking and maneuvering room for motor vehicles and structure or area of land or water.

C. All parking areas, aisles and access drives shall be surfaced with a minimum of two inches of asphalt concrete surface over a four-inch untreated rock base. The subgrade shall be compacted to a minimum compaction rate of 90 percent.

D. Asphalt parking facilities shall have a two percent slope (24 inches per 100 feet) for drainage and shall have concrete drainage gutters.

E. All landscaped areas that abut a parking facility shall be separated by a concrete curb that is six inches in width and height.

F. All parking stalls shall be delineated by stripping that is white and has a line width of four inches.

G. Parking stall dimensions shall be as follows:

1. 90 Degree Parking. 90 degree parking stalls shall comply with the following dimensional standards.
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Chapter 17.28 Parking, Loading, and Access
32 a. Stall Width: nine feet
b. Stall Length: 19 feet
c. Aisle Width: 25 feet

2. 60 Degree Parking. 60 degree parking stalls shall comply with the following dimensional standards.
a. Stall Width: nine feet
b. Stall Length: 21 feet
c. Aisle Width: 18.5 feet

3. 45 Degree Parking. 45 degree parking stalls shall comply with the following dimensional standards.
a. Stall Width: nine feet
b. Stall Length: 21 feet
c. Aisle Width: 13.5 feet

4. Parallel Parking. Parallel parking stalls shall comply with the following dimensional standards.
a. Stall Width: nine feet,
b. Stall Length: 24 feet;

5. Compact Space Parking. Compact parking stalls shall comply with the following dimensional standards.
a. Stall Width: eight feet
b. Stall Length: 16 feet
c. Aisle Width: 25 feet
H. Parking facilities which are adjacent to sidewalks shall install wheel stops in each parking stall, to prevent encroachment into the sidewalk space. Parking spaces adjacent to landscaped planters may be shortened by two feet provided that the planter is at least five feet wide for each parking aisle and the planter is landscaped in a manner that provides clearance for automobile bumpers.

Wheel stops shall not be required in these spaces.

I. All parking facilities of 10 spaces or more shall have landscaped planters. One 15-gallon tree shall be planted for every five parking spaces. All landscaped planters shall be provided with an irrigation system and comply with Chapter 17.26 (Landscaping).
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Article 3 – Regulations Applicable to all Zones Chapter 17.28 33 J. No more than 40 percent of the street frontage shall be dedicated for parking facilities.

K. Parking facilities adjacent to residentially zoned properties shall construct a seven-foot solid masonry wall on the property line separating the two properties. A landscaped berm at least four feet tall and not exceeding a slope of 30 percent may be substituted for a masonry wall. When an alley separates a parking facility from a residentially zoned property a wall shall not be required.

L. Parking facilities for offices that are converted residential dwellings shall be located to the rear of the office when access from the alley is available.
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Chapter 17.28 Parking, Loading, and Access
34 Figure 17.28-1
Parking Design Standards

145
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Article 3 – Regulations Applicable to all Zones Chapter 17.28 35 Figure 17.28-2
Parking Terms

17.28.110 Off-Street Loading Requirements
For every structure or facility occupied by manufacturing, storage, warehouse, wholesale, retail store, market, passenger terminal, theater, hotel, motel, restaurant, hospital, laundry, dry-cleaning plant, or other similar use requiring the receipt or distribution of vehicles or merchandise, adequate space for standing, loading, and unloading shall be provided and maintained on the same site in addition to the parking requirements of this Chapter. The adequacy of off-street loading space shall be determined by the Director. 146
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Chapter 17.28 Parking, Loading, and Access
36 This page intentionally left blank.
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Chapter 17.30
Sign Regulations
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Chapter 17.30 Sign Regulations
38 Chapter 17.30 Sign Regulations

17.30.010 Purpose and Applicability
A. Purpose. The purpose of this Chapter is to regulate the size, height, design, location, number, and quality of signs in the City in order to protect the character of neighborhoods; provide a form of communication for businesses; and protect public safety and welfare by precluding signs that are visual obstructions to motorists and/or pedestrians. This chapter shall prevent the degradation of the visual quality of the city which can result from the proliferation of excessive amounts of signage, poorly designed signage, inappropriately located signage, and/or signage maintained in a hazardous or unsightly fashion. The intent of this chapter is to:

1. Advance the economic vitality of the city;

2. Improve the character and natural beauty of the community and its various neighborhoods and districts;

3. Promote the visibility of businesses through signage;

4. Enhance the public’s ability to identify uses and premises without confusion;

5. Prevent the proliferation of sign clutter;

6. Ensure the safety of pedestrian and vehicular traffic;

7. Provide specific instruction for the permitting of signage within the city; and

8. Implement objective sign design standards as may be adopted by the Council.

B. Signs in the city shall: __

1. Be of sufficient quality as to enhance rather than detract from the aesthetic value of structures and places;

2. Be proportionate to the scale of architecture;

3. Be compatible to the environment in which the signage is proposed to be located;

4. Be sensibly sized for public view;

5. Be commensurate with the purpose of the zone district in which the signage is proposed to be located;

6. Provide clear information for the purpose it is intended for. e; and

7. Should never compromise the safety of the public.
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Article 3 – Regulations Applicable to all Zones Chapter 17.30 39 C. Applicability. The standards of this Chapter apply to signs in all zoning districts. Only the signs authorized by this Chapter shall be allowed.

D. Definitions. The following definitions shall apply to this Chapter:

A-Frame Sign. A portable sign with text and or images displayed on one or two surfaces with two edges connected with the other two edges spread so that the two faces read from different directions.

Advertising. Any written, electronic, or printed communication published, disseminated, circulated, or placed directly before the public, for the purpose of creating an interest in or inducing a person to procure a service, article, or attend or participate in an event or program.

Advertising Structure. All structures used as outdoor advertisement, regardless of size and shape, for the purposes of advertising anything, the origin or place of sale or service of which is not on the property with such advertising structure.

Animated Sign. Any sign which uses mechanical or electrical movement or change of lighting, either natural or artificial, to depict action or to create visual motion or the appearance thereof.

Apartment/Multifamily Identification Sign. A sign identifying an apartment or multifamily building or an apartment or multifamily complex.

Banner. Any cloth, bunting, plastic, paper, or similar non-rigid material attached to, or appended on or from, any structure, staff, pole, line, or framing upon which there is an advertising message, or which is intended for promotion.

Barber Pole. Rotating or stationery cylindrical pole of the traditional red, white, and blue spiral striped design, identifying the premises as a barber shop.

Base of the Sign Structure. The structural component of a freestanding sign located below the sign face.

Billboard. An Advertising Structure. See definition of “Advertising Structure”.

Business Center. A group of contiguous businesses which utilize common access, off-street parking, and/or the center name.

Business Sign. A sign which directs attention to a business, major category of products, services, industry, or other activity which is sold, offered, or conducted on the premises upon which such sign is located.

Changeable Copy Sign. A permanent sign, or portion of a sign, with a face panel having detachable, interchangeable individual lettering, which allows the lettering to be removed, altered, and replaced. Such signs shall not be changed more often than once every 24 hours. A sign on which the message changes more than once per 24-hour period shall be considered an animated sign and not a changeable copy sign for purposes of this chapter.

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Chapter 17.30 Sign Regulations
40 Changeable Panel Sign. A permanent sign that allows the face panel, having fixed lettering, to be removed and replaced. Such signs shall not be changed more often than once every 24 hours. A sign on which the panel changes more than once per 24-hour period shall be considered an animated sign and not a changeable copy sign for purposes of this chapter.

Copy. The design of a sign face consisting of letters, colors, patterns, images, and/or similar content.

Electronic Reader Board. Sometimes called electronic signage, refers to display technologies like LED walls (or video walls), projection and LCD monitors to vividly display rotating text, webpages, videos, directions, restaurant menus, marketing messages or other digital images.

Directional Or Informational Sign. A sign giving only information and direction to the viewer and containing no advertising message.

Directory Sign. A sign or set of similarly designed individual signs, placed or displayed in sequence, to list all or a part of the businesses within a building, business center, or shopping center.

Display Window. A window area, typically located along the front elevation of a business, and/or in conjunction with a public entrance into the business, which displays merchandise available for purchase within. Display Windows may or may not include decoration, including seasonal decor, as well as textual elements such as prices and promotional verbiage. A display window shall not function as a marketing window.

Exempt Sign. A sign which is not subject to a sign permit.

Excessively Weathered shall mean, including but not limited to, signs where the condition of the paint or structural material has become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, fading, dry rot or warping. Removal shall be at the expense of the property owner on which the sign in question is located.

Flag. Any fabric, banner, or bunting containing distinctive colors, patterns, or design that displays the symbol(s) of a nation, state, local government, company, organization, belief system, idea, or other meaning.

Flashing Sign. Any sign which is perceived as an intermittent light, flashing light, or changing of color intensity light.

Freestanding Sign. A sign installed upon, or mounted on top of the ground, in a permanent fashion, which sign is self-supporting, not attached to a building. Signs mounted on architecturally integrated extensions of buildings shall not be considered freestanding.

Freeway Sign. An on-site and privately maintained sign that is building mounted or freestanding and is intended to be viewed from a freeway.
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Article 3 – Regulations Applicable to all Zones Chapter 17.30 41 Frontage, Occupancy. A single lineal dimension measured horizontally along the front of a building which defines the limits of a particular business or use at that location and which has direct public pedestrian access through an exterior wall.

Frontage, Site. The length of a site along the street or other principal public thoroughfare, but not including such a length along an alley, watercourse, railroad, or freeway.

Gasoline Price Sign. An on-premises sign identifying the brand, and/or type, and price of gasoline sold.

Governmental Or Other Signs Required by Law. A sign placed in any area of the city by a governmental entity or private individual or business as required by federal, state, or local laws.

Graphics. All lettering, logos, pictures, symbols, patterns, and depictions, including color, on a sign.

Ground Sign. A freestanding sign. See definition of “Freestanding Sign”.

Height. The distance from the sidewalk or roadbed grade nearest the base of the sign to the top of the highest element of the sign. When there is no sidewalk, the grade of roadbed nearest the sign shall be used.

Identification Sign. A sign which serves to tell only the name, address, and lawful use of the occupant or building upon which the sign is located.

Illuminated Sign. A sign in which an artificial source of light is used in order to make the message readable.

This definition shall include internally and externally lighted signs and reflectorized, glowing, or radiating signs.

Institutional Sign. A sign identifying the premises of, or announcing the activities conducted by, a church, school, hospital, rest home, or similar institutional facility.

Legal Nonconforming Sign. Any sign which was lawfully permitted, erected, and maintained that does not conform to existing standards.

Logo. The name, symbol, emblem, insignia, or trademark of a company or organization.

Major Tenant. A tenant in a business center having three or more leasable spaces, leasing a large portion of the leasable space in such center. The minimum size of a major tenant shall be 10,000 square feet.

Manager or Office of Manager Sign. A sign which identifies the location of the manager or the office of the manager of property.

Mansard Roof. A roof having an almost vertical facing on three or more sides on the exterior portion of the roof and an almost horizontally flat roof on the interior portion of the roof.

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Section 5, Item E.

Chapter 17.30 Sign Regulations
42 Marketing Window. Floor space constructed within a structure that is designed and built to be exclusively used for promotional graphics to be viewed from the exterior of the structure. The space is designed only to provide an interior vestibule from which additional promotional graphics can be employed to attract attention and no access to the space is available to the general public.

Marquee Sign. Any sign which is on top, attached to the face, or suspended below a marquee, canopy, cantilevered covered walkway, or arcade, whether parallel to or at right angles to the face of the building.

Master Sign Program. A coordinated program of one or more signs for an individual business establishment, business center, or shopping center.

Monument Style Sign. A freestanding sign where the height of the sign is equal to or less than the length of the base of the sign and having a maximum height of ten feet. The area below the sign copy shall be solid from the ground to the lower edge of the copy area.

Mural. An original work of art hand-painted on a structural wall surface, not intended to advertise, but instead to aesthetically entertain.

Off-Premises Sign. The same as advertising structure. See definition of “Advertising Structure”.

On-Building Sign. A sign attached to, and wholly supported by, the wall of a building.

On-Site Sign. A sign specifically related in its subject matter to the premises on which it is located.

Pennant. Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, attached to a rope, wire, or string, usually in a series, designed to move in the wind and attract attention.

Parking Facility Sign. A sign placed or displayed in a parking lot to supply information to people using such lot, including information with respect to liability.

Placed or Displayed. Erected, constructed, posted, painted, printed, tacked, glued, carved, or otherwise fastened, fixed, or made visible in any manner whatsoever.

Plaque. An ornamental tablet, typically of metal, porcelain, or wood, that is fixed to a wall or other surface in commemoration of a person or event.

Political Sign. A sign which advertises, solicits votes, or elicits support for a candidate or candidates for public elective office, or a political party, or a sign urging a particular vote on a public issue decided by an official election.

Portable Sign. Any sign or advertising device that is not permanently embedded in the ground or affixed to a building or other structure, including any sign that rests upon the ground, a frame, a building, or other structure or item.
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Article 3 – Regulations Applicable to all Zones Chapter 17.30 43 Projecting Sign. A sign characterized by its attachment at an angle or perpendicular to the face of a building as opposed to being mounted flat on the surface of such building. Any sign which extends 12 inches or more from a building surface shall be considered a projecting sign.

Public Entrance. An entrance into a building recognized as a main or principal entrance. Fire exit only doorways and/or employee only entrances shall not be included as public entrances.

Public Place. Any and all public streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings, held and possessed within the public trust.

Reader Board Sign. The same as a changeable copy sign. See definition of “Changeable Copy Sign”.

Real Estate Sign. A sign offering developed or undeveloped real property for sale, lease, or rent.

Roof Line. A horizontal plane projected parallel to the plane of the roof fascia line or top of a parapet wall or an angular plane projected parallel to the verge rafter of a gable roof.

Roof Sign. Any sign erected upon or above the roof line of a building or placed above the apparent flat roof or eaves of a building.

Shopping Center. For the purposes of this Chapter, “shopping Center” means a group of commercial establishments planned, generally constructed, and managed as a total entity with employee and customer parking provided on the site under common control or shared under a reciprocal agreement. Shopping Center is further defined as “major” (50 or more acres or 300,000 square feet or more of total floor area), “community” (10 to 50 acres), and “neighborhood” (up to 15 acres). For the purposes of this chapter, commercial developments shall be classified as shopping centers, rather than business centers, when they are comprised of at least ten businesses/tenants and have a minimum of 50,000 square feet.

Sign. Any figure, character, outline, delineation, announcement, declaration, demonstration, illustration, emblem, words, numerals, or letters of an attention-attracting display or device painted, illuminated, posted, or affixed on any surface or in a manner used to attract attention to the premises or to advertise or promote the interest of any person, activity, business, or enterprise when the same is placed so that it is clearly visible to the general public from an out-of-doors position; provided, however, noncommercial natural floral and plant displays shall not be considered signs in computing the number or area of signs permitted.

Sign Area. The area of a sign encompassed by a maximum of eight connected straight line segments drawn around the extremities of the sign frame or can (if a frame or can is used to support or define the copy background area), or the sign copy background area (if no sign, frame, or can is used), or the sign copy (if no copy background area or frame or can is used).

Sign Clearance. The vertical distance between the bottom of a sign and the sidewalk or roadbed grade nearest the base of the sign.

Sign Face. The same as sign area. See definition of “Sign Area”. 154
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Chapter 17.30 Sign Regulations
44 Sign Structure. Any structure which supports or is capable of supporting any sign. A Sign Structure. may or may not be an integral part of a building. For the purpose of a freestanding sign, the sign structure shall include the aggregate area of the sign, including the sign copy and all structural elements of the sign.

Site. An individual parcel or the area within the extreme boundaries of a multiple business or shopping center without regard to the individual lease lines or parcels within such center.

Subdivision Directional Sign. An off-premise sign providing information on the location of a subdivision whose lots, parcels, or units are being offered for sale, lease, or rent.

Subdivision Identification Sign. An on-premise sign advertising developed or undeveloped real property which has been divided into five or more lots, parcels, or units for sale, lease, or rent. (Signs advertising fewer than five such lots shall be treated as “real estate signs.”) Temporary Identification Sign. A sign used in place of a permanent identification sign until such time as the permanent sign can be installed.

Temporary Freestanding Sign. A sign, temporary in nature, which neither satisfies the definition of a freestanding sign or on-building sign, to include, but not limited to, A-frame signs, I-frame signs, stabbers, feathers, waivers, and vehicle signs.

Temporary Sign. A sign to be displayed for a period not to exceed 14 days (except temporary identification signs).

Under-Canopy Sign. A sign under a canopy or awning of a building which sign identifies a business, profession, or industry conducted on the premises by name only.

Vehicle Sign. A sign on a vehicle used for the purpose of advertising a business location, a special sale, or the like by any means.

Waver Sign. An individual or apparatus which is used for the purpose of advertising a business location, a special sale, or the like by any means, with or without a sign, with or without a costume.

Wall Sign. Any sign painted on or attached parallel to the wall facing of a building and projecting not more than 12 inches from the building face. See definition of “On-Building Sign”.

Window Sign. A sign attached to, suspended behind, placed, or painted upon the window or glass door of a building and intended for viewing from the exterior of such building. This definition does not include merchandise offered for sale on site, when on display in a window.

Windblown Device. A manmade device which visibly moves when blown by the wind, other than flags or banners.
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Article 3 – Regulations Applicable to all Zones Chapter 17.30 45 17.30.020 Standards for Permitting Requirements
A. Approval requirements. Except as otherwise noted in this Chapter, it is unlawful for any person to erect, construct, or relocate any sign in the City without first obtaining approval from both the Planning and Building Divisions. A Building Permit shall be required for the construction of any sign except those not required under Title 24 of the California Building Code.

B. Application requirements. In order to file an application for any action under this chapter, the applicant shall have a certain legal interest in the real property, which is the subject of the application, which legal interest e.g. owner, seller or purchaser under contract, or lessee may submit an application to the Planning Division for processing as follows:

1. The application shall be in the number of copies and in the format designated by the Director. All sign review applications shall include the following:
a. Completed application form to include all required signatures; b. Payment of the required fee, as set by resolution of the City Council; c. Scaled drawings in the format and amount determined by the Director to include:
scaled plot plan of the subject property, identifying the location of all proposed signs; ii. scaled drawings of all proposed signage with sign size(s) calculated; iii. scaled drawings of all building elevations to include all existing and proposed signs; and
d. All exhibits shall include a legend, and a color scheme, and show the type of illumination, method of attachment, material composition, disconnect switch wherever applicable, letter, words, symbols, and graphics to be depicted, and other information which may be needed to determine that the provisions of this chapter have been satisfied.

2. In processing sign applications, the following criteria shall be used to approve, conditionally approve, or disapprove:
a. The sign shall be consistent with the applicable standards, exceptions, and prohibitions set forth in this chapter; and
b. The sign’s location and copy shall not cause a visual or safety public nuisance for the site or surrounding uses.
c. The sign meets applicable approved master sign program standards.

3. The Director shall review all sign review permit applications and shall either approve, approve with modifications, or deny an application in accordance with the requirements of this chapter and any other applicable requirements of federal, state, or local laws. 156
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Chapter 17.30 Sign Regulations
46 4. In the event of denial, the Director shall provide written notice of a denial to the applicant within five working days after a decision is rendered. The applicant may only appeal a denial decision of the Director to the Planning Commission pursuant to the provisions of Chapter 17.114 (Appeals).

C. Compliance with other codes. The erection or placement of all signs shall meet the requirements of the Public Utilities Commission of the state, the Uniform Building Code as adopted by the City, and all other relevant federal, state, and local laws and regulations.

D. Shopping center signs. The sign program for shopping centers shall be subject to the Director’s approval. The design criteria for all signs to be located within a shopping center or a mall-type development shall be approved before any individual sign permit application for the development is processed. Such review is to ensure that signs located within a shopping center are harmonious and of compatible design.

E. Lighting for exterior illuminated signs. Lighting for exterior illuminated signs shall be so arranged that it does not create a hazardous glare for pedestrians or vehicles, either on a public street or on any private premises. Each sign shall be designed so that illumination does not exceed 10 candlepower at a distance of ten feet from the sign.

F. Lighting. No artificial light of whatever type or nature used in conjunction with, or for the purpose of, lighting any sign shall be so located or constructed, nor shall any substance or material be used capable of reflecting light on or into any adjoining or nearby lot, structure, or public right-of-way.

When spotlights or floodlights are used to illuminate a sign, the reflector shall be provided with proper shields or glass lenses concentrating the illumination upon the area of the sign so as to prevent glare upon the street or adjacent property.

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Article 3 – Regulations Applicable to all Zones Chapter 17.30 47 G. Screening light sources. Whenever an illuminated sign is permitted, every part of its light source shall be concealed from view, and the light shall not travel from such light sources straight to the viewer’s eye, but instead shall be visible only from a reflecting or diffusing surface. Exempt from this requirement shall be neon tubing which conforms to division (E) of this section (lighting for exterior illuminated signs) and is included in the calculation of the total permanent sign area. As used in this section, “light source” shall mean a bulb or tube from which light is emitted when the bulb or tube is activated (electronically or otherwise), including, but not limited to, incandescent filament bulbs, electric discharge bulbs, and fluorescent tubes.

H. Measurement of Sign Area. __

1. Wall signs consisting of one or two lines of copy. Wall signs consisting of one or two lines of copy painted on or attached to a building wall where the portion of the wall behind the sign is the same color as the rest of the wall and does not serve as a frame area shall be measured by the smallest regular geometric shape not exceeding eight sides which encompasses each word, emblem, and/or symbol composing the sign. Areas between words in a line and between lines shall not be measured as long as they are reasonably spaced.

2. Other wall signs. Three lines or more of copy or nonlinear arrangement shall be measured as that area which can be enclosed within the smallest regular geometric shape not exceeding eight sides which encompasses the total message, including the open space between cutout letters, panels, figures, symbols, and/or objects.

3. Signs which are framed or have distinguishing color background. Signs which are framed or have distinguishing color background shall be measured by taking the entire area of the sign and background, including the framing surface.

4. Multiple face signs. The area of all faces shall be added together to determine the total sign area. However, double-faced signs may be erected having the allowed sign area on each side of the sign provided that the two faces shall not be positioned at greater than 45- degrees to one another. When the two faces of a sign are positioned at greater than 45- degrees to one another, faces of each side shall be counted individually in determining the total sign area.

5. Neon tube lighting. Illuminated neon tubing when outlining portions of buildings or windows shall be deemed to have a minimum width of at least six inches in the calculation of sign area. Where an area bordered by such lighting is substantially a closed geometric shape, all the area enclosed shall be considered the sign area. 158
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Chapter 17.30 Sign Regulations
48 17.30.030 Signs Subject to a Conditional Use Permit
The following signs shall require a Conditional Use Permit:

A. Murals on privately owned property.

B. Electronic Reader Board
C. Specific Use Signs as required under Section 17.30.080.

17.30.040 Exempt Signs
The following types of signs shall be exempt from the requirements of this Chapter:

A. Construction Site and Subdivision Signs. Temporary construction signs that identify the architects, engineers, contractors, or other individuals or firms that are involved with a construction project.

There shall be no more than two signs on the site. These signs shall not exceed 32 square feet in area and shall be removed when construction is completed.

B. Temporary Signs on Property Offered for Sale, Rental, or Lease. Temporary signs are allowed on private property in any zoning district being offered for sale, rental, or lease subject to the following limitations. These signs shall not exceed eight square feet. These signs shall not be erected for more than four days during any one-month period The sign shall remain only as long as some portion of the property advertised for sale remains unsold, unleased or not rented, or for a period of two years, whichever period is shorter.

C. Temporary Off-Site Signs. Temporary off-site subdivision and/or signs which advertise the sale, lease, or rental of another property may be erected to direct prospective purchasers to a subdivision that have parcels or homes for sale. These signs shall not be erected for more than four days during any one-month period. Said signs shall not exceed eight square feet.

D. Window signs. Temporary window signs (non-internally illuminated) announcing special sales, a change in management, individual product and/or price signs, or similar information and designed to be viewed from adjacent streets, sidewalks, public right-of-way, or parking for a period not exceeding 30 days. This section is not intended to allow additional permanent signs. Window signs which are painted on, or temporarily affixed to the window surface shall not cover more than 60 percent of any single window or series of windows, nor more than 30 percent of the entire surface area of available windows, and shall not be affixed as to block clear view of exits or entrances or to create a safety hazard to persons exiting or entering. The total area of window signs shall not be greater than the permanent on-building sign area allowed for the business/use.

Window signs which are not covered by the temporary sign provisions, shall only be allowed as permanent signs with the approval of the required sign permit. 159
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Article 3 – Regulations Applicable to all Zones Chapter 17.30 49 E. Credit cards, debit cards, ATM, and association membership. Credit cards accepted, debit cards accepted, ATM availability, and association membership signs when not exceeding one-half square foot per window sign and one and one-half square feet per hanging sign and a total of four in number.

F. Directional signs. Signs bearing no advertising message or logo and are located on the site may be erected when necessary to facilitate circulation within the site or facilitate egress and ingress. Such signs shall not be counted against the site’s allowed sign area. The size, number, and placement of directional signs may be limited by the Director.

G. Informational signs for the safety and convenience of the public. Signs such as “open/closed,” “rest rooms,” “telephone,” “danger,” “impaired clearance,” “no smoking,” and other signs of a similar nature (“parking in rear,” “drive-in window,” and parking facility signs) may be allowed up to four square feet in area under this section.

H. Official signs. Official signs posted pursuant to, and in the discharge of, any governmental function by public officials in the performance of their duties (including traffic and street name signs, as well as notices, emblems, or other forms of identification and signs required by law).

I. Signs required by law. Signs displayed by private individuals when required by law or regulations of any governmental agency or law.

J. Political Sign. Political and campaign signs which announce a candidate or political issue shall not exceed 32 square feet, or as governed by other applicable State or Federal law. Removal shall take place two weeks after the election.

K. Vehicle Fueling Station Signs. Signs required to be posted at fuel stations pursuant to California Business and Professions Code Sections 13530 et seq.

L. Nameplate and Address Signs. The following signs are intended to assist emergency response personnel in locating a site.

1. Residential. Occupant name, street number, and street name signs not exceeding two square feet in area per single-unit or multi-unit unit.

2. Nonresidential. Signs for commercial, office, and industrial uses not exceeding two square feet, with copy limited to business identification, hours of operation, address, and emergency information.

M. Internal Signs. Signs within structures that are not visible from any point on the boundary of the premises.

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Chapter 17.30 Sign Regulations
50 N. Public and Institutional Signs. Signs erected and maintained by any federal, state, or local governmental agency or that are required to be erected and maintained by any federal, state, or local governmental agency or court or by any federal, state or local law, ordinance or other governmental regulation, including but not limited to, signs erected by a public utility.

O. Flags, Plaques, and Banners.

P. Integral signs. Signs which have been built into a structure when the sign has been carved into stone or fixed to the structure using a metal plaque.

Q. Garage Sale Signs. The signs on private property shall be removed within 24 hours following the sale date.

R. Seasonal Decorations. Holiday greetings, decorations, and displays, such as relate to Christmas, Thanksgiving, the Fourth of July, and the like, such that said seasonal decorations are removed within 14 days after the appurtenant holiday event and excluding advertising signs disguised as seasonal decorations.

17.30.050 Prohibited Signs
The following signs are prohibited from being erected in the City:

A. Signs which may imitate an official traffic sign or signal; B. Signs which may hide from view any traffic or street sign or signal; C. Portable signs which are portable, A-frame, I-frame signs, “feathers,” and “stabbers”, to include “waver” signs on public right-of-way, except as permitted under the provisions of this Chapter, on private property for seasonal or temporary use.;
D. Off-premises signs, except as permitted under the provisions of this Chapter.; E. Signs which project over a sidewalk less than 8 feet above the surface of the sidewalk.; F. Signs which project over an alley and are less than 15 feet high; G. Flashing or rotating signs;
H. Roof-mounted signs;
I. Signs on telephone poles, utility poles, trees within the public right-of-way, street light, and street signs.;
J. Billboards.; and
K. Signs having one or a combination of the following characteristics:
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Article 3 – Regulations Applicable to all Zones Chapter 17.30 51 1. Obscene or offensive to morals. Containing statements, words, or pictures of an obscene, indecent, or immoral character which, taken as a whole, appeal to the prurient interest in sex, and which signs are patently offensive and, when taken as a whole, do not have serious literary, artistic, political, or scientific value;

2. Imitative of official signs. Signs (other than when used for traffic direction) which contain or are an imitation of an official traffic sign or signal, or contain the words stop, go, slow, caution, danger, warning, or similar words, or signs which imitate or may be construed as other public notices, such as zoning violations, building permits, business licenses, and the like; and

3. Fluorescent colors. Any permanent signs containing florescent colors as all or part of their copy; and

4. Natural despoliation. Signs which are cut, burned, limed, painted, or otherwise marked on a field, tree, rock, or other natural item.

L. Moving signs having one or a combination of the following characteristics:

1. Flashing of lights, blinking of lights, or changing of color intensity, except those permitted as part of seasonal decorations;

2. Animation (such as by mechanical movement of parts of the sign, projections on or within the sign, or changes on the shape or content of the sign face), to exclude “time and temperature” devices. This shall include, but is not limited to, flashing, blinking, flickering, moving textual messages, moving, rotating signs, and frames which appear to rotate, except those permitted as part of seasonal decorations;

3. Windblown devices and/or inflatable signs, whose movement is designed to attract attention, such as pennants, flags, balloons, or other inflated objects, or reflective attachments to sign faces, except those specifically permitted (as temporary signs in Section 17.30.040, and except those permitted as part of seasonal decorations, or flags which are specifically exempted by Section 17.30.040 of this Chapter);

4. Banners, with the exception of those which are specifically exempted by Section 17.30.040 of this Chapter; and

5. Where there is any production of smoke, fog, sound, light, or other substance or matter.

M. Obstructive to use or visibility, hazardous locations. No sign shall be erected in any manner which, in whole or in part, would create a hazardous condition to pedestrians or traffic alike, either by obstructing the free use of exits, building or site, or by creating visual distraction, being color, sound, or glare, or representing a traffic control device. 162
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Chapter 17.30 Sign Regulations
52 N. Obstructive visibility to public safety. Blocking or covering more than 33% of any window or door with any permanent material shall be prohibited unless specifically permitted by this code. Any application of window film or similar material on any part of a window or door shall allow no less than 40% visible light transmission.

O. Within public places. Within any public street, sidewalk, any publicly accessible parking lot, or rightof-way, or other publicly owned facility, unless they shall maintain a minimum clearance of 15 feet above the adjoining grade level and after acquiring an encroachment permit from the City, except marquee signs as defined by this Chapter, unless specifically provided for in this Chapter.

P. Vehicle signs where the primary purpose of the vehicle is to serve as a billboard or sign. No vehicle or trailer may be used as a platform or substitute for a billboard, freestanding sign, or movable sign, whether parked on public or private property or found in the public right-of-way. This is specifically intended to include the use of vehicles as a freestanding or off-premises sign and does not apply to signs maintained on vehicles when such advertising is incidental to the primary purpose for which the vehicle is being used (such as delivery service).

Q. Miscellaneous temporary signs and posters. The tacking, posting, or otherwise affixing of signs of a miscellaneous character, visible from a public way, located on the walls of buildings, barns, or sheds or on trees, poles, posts, fences, or other structures shall be prohibited, unless specifically permitted by this chapter.

R. Distribution of handbills and flyers. The distribution or circulation of any advertising samples, handbills, circulars, booklets, or other notices of commercial advertising on vehicles or public facilities shall be prohibited.

Figure 17.30-1
Examples of Prohibited Signs

17.30.060 Temporary Signs
A. Temporary signs shall be allowed at the following times:
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Section 5, Item E.

Article 3 – Regulations Applicable to all Zones Chapter 17.30 53 1. Holiday promotion periods. Within identified holiday periods, temporary promotion signs shall be limited to banners, painted window signs, and/or pennants, not to exceed in size the total allowable on building sign area for the business/use. Such signs may be displayed without a sign permit or prior approval by the city. The allowed holiday promotional display periods are as follows:
a. Valentine's Day, and the preceding six days.
b. Easter Sunday, and the preceding six days.
c. Mother's Day, and the preceding four days.
d. Independence Day, and the week (Monday - Sunday) thereof. e. Almond / Harvest Festival day, and the week (Monday - Sunday) thereof. f. Halloween, and the preceding six days.
g. Thanksgiving, the preceding 10 days and the following three days. h. Christmas/New Year’s Holiday season (December 1st to December 31st).

2. Additional promotion periods. In addition to the holiday promotional periods listed above, a business may display banners, painted window signs, pennants, and/or windblown devices/inflatable signs not to exceed in size the total allowable on building sign area for the business/use, during two additional 14-day periods each calendar year. The additional two-week (14 day) periods may be at the discretion of the business owner per the approval of the Planning Division. To display special promotion temporary signs, a business must obtain an approved Temporary Sign Permit from the Planning Division of the city. The application shall indicate the time period and type of display. Such signs may be used in conjunction with an event or sale and may be displayed for 14 days maximum. Such promotional displays shall not list individual product prices. Special promotion periods may be used in place of a holiday promotion period (overlaid), as long as they do not extend the 14-day maximum period.

3. Grand opening signs. A business may apply to the Planning Division for a temporary sign permit for grand opening signage. A-frame signs, I-frame signs and portable changeable copy signs shall be limited to only one grand opening and a maximum display time of 30 days per business, with a written request approved by the Director.

4. Going out of business. A business may apply to the Planning Division for a temporary sign permit in order to facilitate the liquidation of inventory for a closing business for a period not to exceed 90 calendar days. Such a permit will be allowed only once for any business, with a written request approved by the Director. Change of ownership, change of management, business remodel, or business renovation events are not valid. 164
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Chapter 17.30 Sign Regulations
54 B. Approval Requirements. An application for a Temporary Sign Permit shall be submitted for review and approval no less than five business days prior to the proposed installation date of the temporary signs. The application shall include a site plan identifying location of signs and scaled drawings of the temporary signs.

17.30.070 Signs Allowed by Zone
Signs located in the following zones and that are consistent with the following provisions shall be allowed.

The standards contained within this section apply to one side of the sign. In no case shall the sign area exceed 10 percent of the wall face on which it is located.

A. Urban Reserve (UR), Open Space, Recreation and Public Facilities (O), and Rural Residential (RR) Zones. These zones shall comply with the following sign standards.

1. One address sign not to exceed two square feet.

2. One advertising structure in which the total surface area shall not exceed 32 square feet.

3. One temporary sign advertising the property for sale, rent, or lease. This sign shall not exceed 32 square feet.

B. Single-Unit Residential and Multi-Unit Residential Zones. These zones shall comply with the following sign standards.

1. One address sign not to exceed two square feet per single-unit residence and multi-unit dwelling structure.

2. One subdivision or multi-unit dwelling sign shall be allowed per entrance. This sign shall not exceed 32 square feet. If ground-mounted, the top of the sign shall not exceed five feet in height.

C. Professional and Administrative Office Zone (PA). This zone shall comply with the following sign standards.

1. On- building signs shall be allowed as follows:
a. Size. Each business frontage having a public entrance and set back from the street less than 150 feet shall be allowed on-building identification signs having an area of one-half square foot per front foot of building lease area, up to 30 square feet of maximum area. Buildings set back 150 feet or more from the street shall be permitted one square foot of sign area per front foot of building lease area, up to 50 square feet.
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Article 3 – Regulations Applicable to all Zones Chapter 17.30 55 b. Location. When approved by the Director, the sign area may be transferred from a frontage with a public entrance to one without a public entrance provided the ratio of signing per lineal foot is not exceeded on any one elevation. c. Placement. On-building signs and projecting double-signs shall not extend above the wall, facade, parapet, or eaves of the structure on which they are located.

2. Office. developments may use one of two optional freestanding sign programs: a single freestanding sign listing the name and address of the office center, or the business in the case of a single business development. The sign area and the sign height shall not exceed those listed in Table 17.30-1 (Profession and Administrative Development Signs):

Table 17.30-1
Professional and Administrative Development Signs
Each Street Frontage Height Face Area
0 - 50 4' 12 Sq. Ft.
51 - 100 6' 18 Sq. Ft.
101 - 200 8' 24 Sq. Ft.
201 - 400 10'* 32 Sq. Ft.
401 - Plus 12'* 48 Sq. Ft.
* A minor deviation to increase the height or surface area of the sign may be granted by the Director where the Director determines a taller sign “structure” shall enhance the design of the development.

3. Location. The location of freestanding signs shall not be less than three feet inside the property line and shall not interfere with the safety of vehicular traffic entering into or exiting from an office development property or with vehicular traffic or pedestrians.

4. Number. The allowable number of freestanding signs shall be as follows:
a. The total face area may be utilized in one sign or be divided among one sign per street frontage, with a maximum height of eight feet and provided a minimum distance of one-half of the width of the lot is maintained between each sign and the street corner of the lot. This provision shall be for frontages having 201 feet or greater of the total street frontage and shall be approved by the Director. b. When an office building has more than one tenant, individual low-profile freestanding signs for each tenant may be permitted in lieu of a single freestanding sign for the site, as permitted by subsection (a) of this section. Such low-profile signs shall be uniform in construction (except for copy) and shall not exceed four feet in height, eight feet in length, and two feet in width per business. Such low profile signs shall be limited to copy on one side and placed parallel to the street. 166
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Chapter 17.30 Sign Regulations
56 167
Section 5, Item E.

Article 3 – Regulations Applicable to all Zones Chapter 17.30 57 D. Neighborhood Commercial Zone (CN). This shall comply with the following sign standards.

1. One and one-half square feet of sign area for each two square feet of linear structure frontage not to exceed 45 square feet unless the use is located on a corner parcel in which case the sign area shall not exceed 60 square feet. Where the frontage is on more than one street, only the signs computed using the frontage of that street shall face that street.

2. These signs may be ground- or wall-mounted, or a combination of both. Ground-mounted signs shall not exceed six feet in height.

3. Each retail structure is allowed to have two square feet of sign area for each foot of structure frontage not to exceed a maximum of 50 square feet. These signs shall be fixed flush with the structure.

4. Pole signs are prohibited in the CN zone.

E. General Commercial (CG) and Service Commercial (CS) Zones. The CG and CS zones are allowed freestanding signs, subject to the following provisions:

1. One freestanding sign shall be allowed for each parcel of land. Each freestanding sign shall be allowed as indicated in Tables 17.30-2 and 3, except as provided for in Paragraph (E)(4) of this section, below.

Table 17.30-2
Single Tenant Development on a Parcel
Building Street Frontage Height Face Area
0 - 50 6' 20 Sq. Ft.
51 - 100 8' 30 Sq. Ft.
101 - 150 10' 40 Sq. Ft.
151 - 200 12' 50 Sq. Ft.
201 - 400 14' 60 Sq. Ft.
401 - Plus 20' 100 Sq. Ft.
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Chapter 17.30 Sign Regulations
58 Table 17.30-3
Multi-Tenant Development on a Parcel
Building Street Frontage of Development Height Face Area 0 - 50 6' 40 Sq. Ft.
51 - 100 8' 50 Sq. Ft.
101 - 150 10' 60 Sq. Ft.
151 - 200 12' 80 Sq. Ft.
201 – 400 16' 100 Sq. Ft.
401 - Plus 25' 120 Sq. Ft.

2. In addition to the allowable freestanding sign allowance, shopping centers with a street frontage of 700 linear feet or greater shall be allowed secondary tenant freestanding identification signs. The number of secondary signs shall not exceed one per main drive approach for a maximum of two. Sign area shall not exceed 100 square feet of sign area per sign, with individual panels of no more than ten square feet. Identification signs shall have a maximum height of 20 feet. Such signs shall be granted for minor tenants within the center, located more than 150 feet from the street the business intends to serve. The design and location of each shopping center sign shall be reviewed and approved by the Director.

3. Location: The location of such signs shall not be less than three feet inside the property line and shall not interfere with the safety of vehicular traffic entering into or exiting from the business center or with vehicular street traffic or pedestrians. On corner lots, it is the intent of this section that signs are not placed at the corner of one street frontage to be viewed from another street frontage. Generally, multiple freestanding signs for independent businesses and business centers shall be centered on the street frontage on which they are placed.

4. Number: Only one freestanding sign shall be allowed for and upon each street frontage.

Without increasing the total freestanding sign allowance for corner parcels, the Director may allow the linear footage of two or more connecting street frontages to be combined for corner parcels in order to obtain a greater face area for a freestanding sign along a particular frontage than would otherwise normally be permitted, subject to the following restrictions:
a. The height of the freestanding sign does not exceed that otherwise permitted for the street frontage on which the sign is placed, based on values denoted for the linear footage on that street; and
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Article 3 – Regulations Applicable to all Zones Chapter 17.30 59 b. The combined face area of the freestanding sign does not exceed that otherwise permitted for the street frontage on which the sign is placed by more than 25 percent.

5. Minor tenant directional signs: Shopping centers shall be allowed on-site directional signage for minor tenant identification. The number of directional signs shall not exceed one per main drive. Signs shall not exceed ten square feet of sign area per sign, with individual panels of no more than three square feet. Minor tenant directional signs shall have a maximum height of six feet and should architecturally integrate with the shopping center site. Signs shall be located a minimum of 40 feet from the nearest street property line, and the location shall be subject to approval by the Director. It is not the intent of this section to create additional signs to be viewed from a public right-of-way.

6. Freestanding vehicle service station price signs shall be allowed in accordance with Table

17.30-6 of this Section.

7. On-structure identification signs shall be allowed for frontages with public entrances. Each business frontage having a public entrance shall be permitted on-building identification signs with the allowable area computed in accordance with Table 17.30-4 as follows:

Table 17.30-4
On-Structure Identification Signs
Building Entrance
Setback from
Property Line
Allowable Sign Area
Formula
Minor Tenants
Max. Allowable
Sign Area
Major Tenants
Max. Allowable
Sign Area*
Major Tenant
Greater Than
Two Stories Tall
Less than or equal to
150 feet to the nearest
street property line
One Sq. Ft. per each
linear foot of occupancy
frontage
75 Sq. Ft. 150 Sq. Ft. 200 Sq. Ft.

More than 150 feet to
the nearest street
property line
One and one-half Sq. Ft.
per each linear foot of
occupancy frontage
100 Sq. Ft. 200 Sq. Ft. 250 Sq. Ft.

Major tenants having 100,000 square feet or more gross leasable area shall be eligible for additional on-building sign area under special approval by the Director. In such cases, the Director may increase the maximum allowable areas for major tenants set forth in Table 17.30-4 from 150 to 200 square feet where the building entrance setback is located less than or equal to 150 square feet from the nearest street property line; or from 200 to 300 square feet where the building entrance setback is located more than 150 feet from the nearest street property line; whichever applies. Without further increasing the allowed on-building sign area, the Director may allow major tenants to transfer, in whole or in part, the on-building sign area allowance from a side street frontage without a public entrance to a frontage with a public entrance. a. Area allowed for street frontages without public entrances. Each business occupying the end of a building, having a street frontage without a public entrance, shall be permitted one-half square foot of sign area for each one foot of leased occupancy frontage. The maximum area shall be limited to 30 square feet. 170
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Chapter 17.30 Sign Regulations
60 b. Minimum sign area. Each commercial use which has direct pedestrian access through an exterior building wall which is visible from a public right-of-way shall be allowed at least 25 square feet of building sign area, regardless of building occupancy frontage. Commercial uses having a sole access from the interior of any building or from an enclosed lobby or court shall not be allowed the minimum building wall sign area referred to in this section.
c. Transfer of sign area. When approved by the Director, the sign area may be transferred in part or in whole from a frontage with a public entrance to one without a public entrance provided the signs on a given frontage do not exceed the allowable area, as computed in Table D of sub-section (E)(7). d. Placement: On-building signs and projecting double-signs shall not extend above the wall, facade, parapet, or eaves of the structure on which they are located.

8. On-building signs, projecting double-faced signs, and under-marquee signs, shall comply with the following:
a. The height of any projecting sign shall not be less than eight feet or higher than ten feet above the area over which it is suspended.
b. The sign shall not extend closer than two feet from the curb line of the street and shall be mounted perpendicular to the building face.
c. The sign shall not exceed six square feet in the sign area. d. Such signs shall identify only a business name or professional location in a business center. Only one such sign shall be displayed per frontage with a public entrance.

F. Light Manufacturing (M-1) and heavy Manufacturing (M-2) Zones. These zones shall comply with the following sign standards.

1. On-site directional signage, one nameplate and address sign.

2. The design of signs shall be architecturally integrated with the design of the structure on the same parcel.

3. Flashing, rotating, or animated signs (except time and temperature signs) are prohibited.

4. Freestanding signs shall not exceed the height of the structures on the parcel on which they are located.

5. One freestanding sign shall be allowed on each street frontage of a parcel not exceeding the areas and height set forth as follows;
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Article 3 – Regulations Applicable to all Zones Chapter 17.30 61 a. Size and height: The sign area of each face and sign height shall be allowed as indicated in Table 17.30-5:

Table 17.30-5
Industrial Uses
Total Frontage of Industrial Use Height of Sign Face Area 0 - 75 10' 25 Sq. Ft.
76 - 100 14' 50 Sq. Ft.
101 - 150 16' 60 Sq. Ft.
151 - 200 18' 75 Sq. Ft.
201 - Greater 20' 100 Sq. Ft.
b. Location: The location of such signs shall not be less than three feet inside the property line and shall not interfere with the safety of vehicular traffic entering into or exiting from a business center or with vehicular traffic or pedestrians. c. Number: The total face area may be utilized in one sign or, where specifically approved by the Director, the sign area may be divided among one sign per street frontage, with a maximum height of eight feet and provided a minimum distance of one-half of the width of the lot is maintained between each sign and the street frontage of the lot.

6. Industrial uses: on-building identification signs.
a. Area allowed. Each business frontage shall be allowed one square foot of sign area for each linear foot of building frontage up to a maximum of 300 square feet. b. Number allowed. The sign area of each business frontage may be utilized in one or more such signs provided the total sign area of all signs on a given frontage does not exceed the allowable.
c. On-building signs shall not extend above the wall, facade, parapet, or eaves of the structure on which they are located.

7. Grand opening signs. A business may apply for a temporary sign permit for grand a opening for a maximum display time of 30 days per business, with a written request approved by the Director.

8. The following signs are prohibited: changeable copy signs, projecting or fin signs, roof signs, and outdoor advertising structures (billboards).
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Chapter 17.30 Sign Regulations
62 17.30.080 Specific Use Signs
Certain uses, because of their special sign needs or their allowance in residential as well as business or industrial districts, have been specifically listed in this section. Where such uses are approved, the sign standards allowed for such uses shall be found in the special use table as follows:

Table 17.30-6
Specific Use Signs
Special Use Limitations And Special Conditions
Automobile/R.V. sales (new) Primary freestanding identification sign based upon the tables identified in section

17.30.070. One freestanding sign may be provided per separate new car showroom/sales facility. The minimum distance between freestanding signs shall be 300 feet, and a minimum distance to any adjacent property line shall be 50 feet. (a) Freestanding signs for ancillary used car sales shall be no higher than 14 feet nor contain more than 36 square feet of sign area. One used car freestanding sign shall be allowed per site. The minimum distance between freestanding signs shall be the same as for new car sales. This sign area may be combined with the main dealership sign (maximum 136 square feet).
(b) Signs in or on vehicles shall be limited to 2 sq. ft. per vehicle. (c) On-building signs at a rate not to exceed the area in the tables identified in section

17.30.070
(d) Window signs: temporary signs only.

Automobile/R.V. sales (used) (a) One freestanding identification sign based upon the tables identified in section

17.30.070. A minimum distance from other freestanding signs shall be 100 feet, and a minimum distance to any adjacent property line shall be 50 feet. (b) Signs in or on vehicles shall be limited to 2 sq. ft. per vehicle. (c) On-building signs at a rate not to exceed the area in the tables identified in section

17.30.070.

Cemetery One freestanding sign on each street frontage with a public entrance. Max. height 10 ft., max. area 30 sq. ft. Wall signs on the principal entrance not to exceed 12 sq. ft.

Changeable copy sign (a) Allowed only with the approval of a Administrative Use Permit. (b) One per business or business center.
(c) Limited to on-site commercial messages only.
(d) Not permitted within 2,000 feet of any other changeable copy sign. (e) When mounted on-building - all on-building signage (to include changeable copy sign) shall not exceed the total on-building signage allowed. (f) When mounted on freestanding sign - all freestanding signage (to include changeable copy sign) shall not to exceed total freestanding signage allowed.

Church (a) Not exceeding 12 sq. ft. for directory signs. (b) Not exceeding 32 sq. ft. in total sign area for freestanding signs per street frontage. One sign allowed per street frontage.
(c) On-building signs not to exceed one-quarter sq. ft. per foot of building frontage facing a street.

Day Care Facility (a) For uses conducted in single-family residential districts, no signage or indicia is allowed.
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Article 3 – Regulations Applicable to all Zones Chapter 17.30 63 Table 17.30-6
Specific Use Signs
Special Use Limitations And Special Conditions
(b) For uses conducted in multifamily, no signage or indicia is allowed. (c) For uses in commercial districts, signage shall be consistent with the tables identified in section 17.30.070.

Drive-in/drive-up/ drive-through
uses
(a) Drive-in/drive-up/ drive-through will be subject to the following standards. (b) A formal sign review application shall be submitted and approved prior to installation of any signs.
(c) In addition to the sign area allowed under the applicable zone district regulations, drive-up restaurants shall be allowed one menu board per drive-up lane not to exceed 20 sq. ft. in area or six feet in height. Changeable copy is limited to the menu board. (d) Each drive-up lane shall be permitted one preview board in conjunction with the menu board. The preview board shall not exceed 20 sq. ft. in area and not exceed six feet in height.
(e) Drive-through uses shall have a minimum distance from the center of the menu board to the center of any proposed preview board shall not be less than 25 feet. (f) All menu boards and preview boards shall utilize low intensity illumination. (g) Menu and preview board shall not be visible from the street. Additional landscape areas or shrub plantings may be required to provide screening. (h) Walk-up menu boards shall be limited to six or less sq. ft. in area in locations as approved under the applicable planning permit. Carhop menu boards shall not exceed six square feet in area and shall be reviewed through the applicable planning permit. (i) Directional signs shall be textual in nature. Any branding and/or logos incorporated into the directional sign shall not exceed more than 50% of the size of the directional text. Directional signs shall be a maximum of one foot high by two feet wide by three feet tall.

Golf Courses One freestanding sign per street frontage with vehicular access. Max. height, 10 ft., max. area, for frontages under 200 ft., 16 sq. ft., for frontages 201 feet or greater, 32 sq. ft.

Group Care Facilities (a) For uses conducted in single-family residential districts, no signage or indicia is allowed.
(b) For uses conducted in multifamily or commercial districts, one wall mounted sign per street frontage, not to exceed one sq. ft. per 10 ft. of lot frontage with a max. of 24 sq. ft.

Hotels/Motels In addition to the signing allowed in the commercial districts, hotel/motel uses shall be entitled to one “vacancy-no vacancy” sign not to exceed five sq. ft. Said sign may be illuminated.

Marketing Window
(a) A formal sign review application shall be submitted and approved prior to installation of any signs.
(b) Approved signage shall only be located on the back/rear walls of the marketing window.
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Chapter 17.30 Sign Regulations
64 Table 17.30-6
Specific Use Signs
Special Use Limitations And Special Conditions
(c) In all cases, marketing windows shall comply with the following dimensional criteria. Marketing windows shall be:
(1) At least three foot in depth.
(2) No greater than 50% of the width of the building elevation where they are located.
(3) No greater than 10 feet tall, and only on the ground floor of a building. (4) Never result in greater than 10 times the total allowed on-building signage for a business per the tables identified in section 17.30.070 or in excess of 1,000 square feet, whichever is less.
(d) In all cases, marketing windows shall comply with the following design criteria.

Marketing windows shall:
(1) Only be illuminated from the front. All illumination shall be shielded and located within the marketing window vestibule.
(2) Not be illuminated after 12:00 midnight, or when the business is closed, whichever is later.
(3) Only display graphical elements and/or photographs representative of the goods and/or services offered within.
(4) Not function as a display window.
(e) No temporary window signage as allowed in 17.30.060 shall be placed on or within the marketing window.

Movie Theaters (a) One sq. ft. of sign area per lineal foot of building facing a public street not to exceed 100 sq. ft. per frontage.
(b) One freestanding sign not to exceed 30 sq. ft. for each theater screen up to a max. area of 200 sq. ft. and a max. height of 20 feet.
(c) Changeable copy may be installed for movie listings as approved by the Director.

Outdoor Uses Temporary/ Seasonal (a) Temporary A-frame and I-frame signs may be used on private property only. (b) Maximum total sign area shall not exceed 40 sq. ft. (c) Individual signs shall be limited to 25 sq. ft. each with a maximum height of six feet, and shall not affect traffic or parking spaces. (d) Total number of signs per street frontage shall be limited to one, and shall be approved by the Director.

Outdoor Uses Other Than
Temporary or Seasonal
Not exceeding one-half sq. ft. per front of lot or area for the use to a max of 50 sq. ft. and shall be approved by the Director
Private Parking Lots (a) One freestanding sign at each street entrance not to exceed 16 sq. ft. in area or six feet in height.
(b) The freestanding sign(s) may be mounted on a parking lot attendant structure in lieu of the freestanding sign(s).

Private Schools To be determined under the applicable planning permit.

Public Uses As approved by City Council for city uses.
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Article 3 – Regulations Applicable to all Zones Chapter 17.30 65 Table 17.30-6
Specific Use Signs
Special Use Limitations And Special Conditions
Service Stations (Gasoline Sales)
including: Mini-Market/Gas
Convenience Market With Gas CarWash/Gas Combinations (In addition to normal sign area, the
following special purpose signs may
be displayed)
(a) Portable Outside Merchandise Display Stands allowed only with an approved Conditional Use Permit.
(b) Gasoline Price Signs: One permanently mounted freestanding price sign per street frontage, with a maximum height of eight feet unless mounted on the freestanding business identification sign, in which case the height shall not exceed that specific to the permitted sign. Said sign(s) may be illuminated.
(c) In addition to the gasoline signs allowed under (b), one on-building gasoline price sign not to exceed 20 sq. ft may be displayed on one building frontage facing a street frontage.

Residential Subdivision
Identification (permanent)
(a) Residential. Freestanding signs shall be attached to a permanent structure designed for the purpose and located within the center island or on one side of the street at up to two entrances to a subdivision, subject to an approved encroachment permit when located within the public right-of-way.
(b) Sign(s) shall not exceed a height of six feet nor 32 sq. ft. in area per sign, nor more than one sign per entrance.
(c) Such signs shall be approved with the applicable planning permit Shopping Center (Major) (a) Major Shopping Center signage shall be approved through an Administrative Use Permit
(b) Such signage shall be consistent with the purpose and intent of this chapter.

Temporary Seasonal Sales
Conducted Outdoors (Fireworks,
Pumpkin, Christmas Tree,
Agricultural Sales)
(a) Maximum sign area shall not exceed 32 sq. ft. total. (b) Individual signs shall be limited to 25 sq. ft. each with a maximum height of six feet and shall not affect traffic or parking spaces. (c) Total number of signs per street frontage shall be limited to one and shall be approved by the Director.

17.30.090 Abandoned or Dilapidated Signs, Frames, Structural members, and Supporting Poles
A. Removal. Signs advertising an activity, business, product, or service no longer conducted on the premises on which the sign is located, or sign frames, structural members, or supporting poles remaining unused for six months or longer, or signs which are abandoned or dilapidated shall be removed from the site. Signs will be considered abandoned or dilapidated where the sign or element of it is excessively weathered, torn, broken, significantly damaged or structurally unsound or where the copy can no longer be seen or understood by a person with normal eyesight under normal viewing conditions.

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Chapter 17.30 Sign Regulations
66 B. Continued use of abandoned signs. The owner of a sign, the purpose of which has been abandoned, who desires to make subsequent use of the structural portions of such sign in its present location, may, within six months after the abandonment, make an application to the Director for an extension of time. Where the sign conforms to all other requirements of the law, and where the owner submits reasonable evidence that he is endeavoring to secure use for the sign (a new tenant for the structure or the arrival of a new product line for the existing tenant), the Director may grant extensions of time. The Director may require the owner, as a condition of the granting of such extension, paint out, obscure, or remove some or all elements of the message or face portion of the sign in such a manner as to leave the remaining structure neat and unobtrusive in appearance in harmony with the structure to which it is attached, and that this be done within 30 days after the granting of such extension. Failure to do so shall void and nullify any such extension. Signs which are determined by the city to be structurally unsound and dangerous or hazardous to the public safety or welfare shall be removed immediately upon notification by the city. Removal shall be at the expense of the property owner on which the sign in question is located.

17.30.100 Master Sign Program
A. Upon determination of the Director, an approved master sign program may be required in conjunction with and as a part of another development entitlement application (discretionary or ministerial). The intent of a requirement for a master sign program is to provide for cohesive, complementary, and proportionate signage that satisfies the purpose and intent of this chapter.

B. In processing Master Sign Program applications, the submittal requirements of a sign permit shall be adhered to per Section 17.30.020. On-building signs within the Master Sign Program shall be subject to review and permitting by the Planning and Building Division separately.

C. In all cases, the Master Sign Program shall be at least as restrictive as the provisions and restrictions of this chapter.

17.30.110 Minor Deviations and Variances
A. The Director may grant a minor deviation in order to prevent unnecessary hardships which would result from a strict and literal interpretation and enforcement of certain regulations prescribed by this chapter. A practical difficulty or unnecessary hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon, from geographic, topographic, or other physical conditions on the site, or in the immediate vicinity, or from street locations or traffic conditions in the immediate vicinity which would affect the signing of such site or building. 177
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Article 3 – Regulations Applicable to all Zones Chapter 17.30 67 B. In all cases, consideration of a minor deviation must result from a practical difficulty or unnecessary hardship, and findings of said practical difficulty or unnecessary hardship shall accompany any application for minor deviation, to include justification of the nature of and need for the minor deviation.

C. The minor deviation process may be used where the applicant desires one or more adjustments from the requirements of this chapter provided the total amount of adjustments is limited to twenty percent of the allowed sign area. The Director may allow adjustments within the limits listed in this section. Appropriate findings consistent with the purpose and intent this chapter shall be made a part of the motion to grant an adjustment.

D. A minor deviation may not be used for relief from the provisions of Section 17.030.050 (Prohibited Signs). Relief from those regulations as specified in Section 17.030.050 shall be processed as a Variance.

E. A minor deviation may be used for:

1. Additional area to:
a. Overcome a disadvantage because of an exceptional setback between the street and the sign or orientation of the sign location;
b. Achieve an effect which is essentially architectural, sculptural, or graphic art and which, in the opinion of the Planning Director, enhances the sign and site’s development;
c. Permit more sign area in a single sign than is allowed, but less than the total allowed the site, where a more orderly and concise pattern of signing will result; d. Allow a sign compatible with other conforming signs in the vicinity; and e. Establish the allowable amount and location of signing when no street frontage exists or when, because of an unusual lot shape (for example, a panhandle lot), the street frontage is excessively narrow in proportion to the average width of the lot.

2. Alternative locations.
a. On site. To transfer from one wall to another wall or to a freestanding sign upon the finding that such alternative location is necessary to overcome a disadvantage caused by an unfavorable orientation of the front wall to the street or parking lot or an exceptional setback;
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Chapter 17.30 Sign Regulations
68 b. Lots not fronting on any street. Sign review by the Director shall be required for all such signs. Under sign review, approval may be given for the placement of a sign on an access easement to a lot not having street frontage, at a point where viewable from the adjoining public street; and
c. Other. Additionally, alternative locations may be granted in order to further the intent and purpose of this chapter or where normal placement would conflict with the architectural design of a structure.

3. Alternative types of signs. To facilitate compatibility with the architecture of structures on the site and improve the overall appearance of the site. a. The procedure for a minor deviation shall be consistent with Chapter 17.90 (Minor Deviation Permit).
b. The Director’s decision shall be final unless appealed to the Planning Commission consistent with Chapter 17.114 (Appeals).
c. Any requests for a Variance from this chapter shall be processed consistent with Chapter 17.88 (Variance Permit).

17.30.120 Nonconforming Signs
A. Except for signs described in Subsection B, below, any sign which was erected legally prior to the effective date of the adoption of this Zoning Code shall be deemed a nonconforming use.

Maintenance of the sign shall be allowed but no alterations which could increase its nonconforming status are permitted.

B. Nonconforming signs on a parcel where the use is discontinued for a period of 90 days or more shall be removed prior to occupancy of a new use. Any new signs erected by the new occupant shall comply with the sign standards for the zone in which the property is located.

C. Every sign in existence upon adoption of this Chapter and which was prohibited or illegal at the time of installation, and which does not conform to the provisions of this chapter shall be an illegal sign. Such signs shall be removed immediately upon notification of illegality. Failure to remove such signs shall be a violation of this chapter. Signs which are not constructed, maintained, or displaced pursuant to the requirements of this chapter, and which are not legal, and which are nonconforming shall be illegal, except as follows:
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Article 3 – Regulations Applicable to all Zones Chapter 17.30 69 1. Any sign conforming to county laws at the time the property upon which it is displayed is annexed to the city and which is made non-conforming or illegal under the provisions of this chapter shall be removed or brought into conformance within five years after the date it became non-conforming. Any sign which has been declared non-conforming under county laws prior to annexation to the city shall be removed or brought into conformance with this chapter within the time period provided for under the county’s law provided the time period is less than five years;

2. Any sign of historical significance; where the sign display is within an area listed or eligible for listing on the National Register of Historical Places, or in an area registered as an historical landmark or point of interest, or in an area designated as an historical zone. 180
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Chapter 17.32
Historic Preservation (reserved)
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Article 3 – Regulations Applicable to all Zones Chapter 17.32 71 Chapter 17.32 Historic Preservation (reserved)

17.32.010 Reserved
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Title 17 – Zoning Code
Article 4 – Standards for Specific
Land Uses
Table of Contents
CHAPTER 17.40 STANDARDS FOR SPECIFIC LAND USES .................................................................... 2

17.40.010 Accessory Dwelling Unit (ADU) ................................................................................................. 2

17.40.020 Recycling Facilities................................................................................................................... 12

17.40.030 Emergency Shelter .................................................................................................................. 16

17.40.040 Home Occupation.................................................................................................................... 18

17.40.050 Mobile Home Park................................................................................................................... 22

17.40.060 Mobile and Temporary Office Structures................................................................................ 25

17.40.070 Wireless Telecommunication Tower, Antennas, and Structures............................................ 26 CHAPTER 17.42 DENSITY BONUSES ................................................................................................. 40

17.42.010 Purpose.................................................................................................................................... 40

17.42.020 Eligibility and Requirements.................................................................................................... 40

17.42.030 Amount of Density Bonus........................................................................................................ 43

17.42.040 Continued Affordability........................................................................................................... 47

17.42.050 Allowed Incentives and Concessions....................................................................................... 49

17.42.060 Standards for Affordable Units................................................................................................ 51

17.42.070 Donations of Land ................................................................................................................... 51

17.42.080 Waivers or Reductions of Development Standards................................................................ 52

17.42.090 Reduced Parking Requirements.............................................................................................. 53

17.42.100 Housing with Childcare Facilities............................................................................................. 55

17.42.110 Application and Review........................................................................................................... 57 184
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Article 4 – Standards for Specific Land Uses City of Kerman Zoning Code ii

17.42.120 Density Bonus Housing Agreement......................................................................................... 57 CHAPTER 17.44 MARIJUANA CULTIVATION AND DISPENSARIES ................................................... 64

17.44.010 Purpose and Intent.................................................................................................................. 64

17.44.020 Findings ................................................................................................................................... 64

17.44.030 Definitions............................................................................................................................... 67

17.44.040 Relationship to Other Laws..................................................................................................... 68

17.44.050 Prohibition of Marijuana Cultivation....................................................................................... 68

17.44.060 Consumption of Medical Marijuana........................................................................................ 68

17.44.070 Dispensary as a Prohibited Use............................................................................................... 68

17.44.080 Public Nuisance Declared........................................................................................................ 68

17.44.090 Violation and Penalty .............................................................................................................. 69

17.44.100 Severance ................................................................................................................................ 69 CHAPTER 17.46 MULTI-UNIT DWELLING OBJECTIVE DESIGN STANDARDS .................................... 72

17.46.010 Purpose and Intent.................................................................................................................. 72

17.46.020 Applicability ............................................................................................................................. 72

17.46.030 Approval Authority.................................................................................................................. 73

17.46.040 Site Planning and Design ......................................................................................................... 73

17.46.050 Architectural Design................................................................................................................ 79 CHAPTER 17.48 SINGLE-UNIT DWELLING DESIGN STANDARDS (RESERVED) ................................. 84

17.48.010 Reserved.................................................................................................................................. 84 CHAPTER 17.50 ALCOHOL BEVERAGE SALES USES .......................................................................... 86

17.50.010 Purpose.................................................................................................................................... 86

17.50.020 Applicability ............................................................................................................................. 86

17.50.030 Modifications to Existing Businesses....................................................................................... 87

17.50.040 Location Standards for New Businesses.................................................................................. 87

17.50.050 Operational Standards ............................................................................................................ 88

17.50.060 Signs......................................................................................................................................... 90 185
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Article 4 – Standards for Specific Land Uses City of Kerman Zoning Code iii
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Chapter 17.40
Standards for Specific Land
Uses
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Chapter 17.40 Standards for Specific Land Uses
2 Chapter 17.40 Standards for Specific Land Uses

17.40.010 Accessory Dwelling Unit (ADU)
A. Purpose. The purpose of this Section is to provide regulations for the development of accessory dwelling units and junior accessory dwelling units through a ministerial process consistent with Government Code Sections 65852 and 65852.22. The standards in this Section minimize adverse impacts on the public health, safety, and general welfare that may be associated with accessory dwelling units and junior accessory dwelling units. The City recognizes that accessory dwelling units expand housing opportunities by increasing the number of housing units available within existing neighborhoods and provide housing generally at lower cost. Property owners who create accessory dwelling units benefit from added income, and an increased sense of security. Allowing accessory dwelling units in single-unit or multi-unit residential zones provides additional rental housing stock in California. Thus, accessory dwelling units are a residential use which is consistent with the general plan objectives and zoning regulations.

B. Applicability. The regulations established in this Section shall apply to all accessory dwelling units and junior accessory dwelling units where allowed in compliance with Title 17, Article 2 (Zones, Allowable Uses, and Development Standards). Any construction, establishment, alteration, enlargement, or modification of an accessory dwelling unit shall comply with the requirements of this Section and the Building Code. An accessory dwelling unit or junior accessory dwelling unit that conforms to the standards of this Section shall not be:

1. Found inconsistent with the General Plan land use designation and/or zone for the parcel on which the accessory dwelling unit or junior accessory dwelling unit is located;

2. Allowed to exceed the allowable density for the parcel on which the accessory dwelling unit or junior accessory dwelling unit is located;

3. Considered in the application of any City ordinance, policy, or program to limit residential growth; and

4. Required to correct a nonconforming zoning condition. This does not prevent the City from enforcing compliance with applicable building standards in compliance with Health and Safety Code Section 17980.12.

C. Where Allowed. Accessory dwelling units and junior accessory dwelling units are allowed on parcels zoned for single-unit or multi-unit dwellings where such parcels include a proposed or existing dwelling.

D. Types. An accessory dwelling unit(s) approved under this Section include:
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Article 4 – Standards for Specific Land Uses Chapter 17.40 3 1. Attached. An accessory dwelling unit that is created in whole or in part from newly constructed space that is attached to the proposed or existing primary dwelling, such as through a shared wall, floor, or ceiling.

2. Detached. An accessory dwelling unit that is created in whole or in part from newly constructed space that is detached or separated from the proposed or existing primary dwelling, including an existing stand-alone garage converted into an accessory dwelling unit. The detached accessory dwelling unit shall be located on the same parcel as the proposed or existing primary dwelling.

3. Converted. Is entirely located within the proposed or existing primary dwelling or accessory structure, including but not limited to attached garages, storage areas, or similar uses; or an accessory structure including but not limited to studio, pool house, or other similar structure. Such conversion may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing structure if the expansion is for the sole purpose of accommodating ingress and egress to the converted structure.

4. Junior Accessory Dwelling Unit. A junior accessory dwelling unit is an attached accessory dwelling unit that meets all the following:
a. Is entirely located within a single-unit detached primary dwelling and shall consist of the conversion existing single-unit dwelling, including attached garages, or a part of a proposed single-unit dwelling.
b. Is less than 500 square feet.
c. Has independent exterior access from the primary dwelling. d. Has sanitation facilities that are either shared with or separate from those of the primary dwelling.
e. Includes an efficiency kitchen, which includes a cooking facility with appliances, food preparation counter, and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

E. Location and Number of Units Allowed. Accessory dwelling units shall comply with the following:

1. Single-Unit Dwelling Zones. Accessory dwelling units and junior accessory dwelling units are allowed in single-unit dwelling zones as follows:
a. Attached or Junior Accessory Dwelling Units. Only one attached accessory dwelling unit or junior accessory dwelling unit shall be allowed on a parcel with a proposed or existing single-unit dwelling on it, where the accessory dwelling unit or junior accessory dwelling unit:
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Chapter 17.40 Standards for Specific Land Uses
4 b. Detached. One detached new construction accessory dwelling unit shall be allowed on a parcel with a proposed or existing single-unit dwelling, in addition to a junior accessory dwelling unit, if it meets all the following requirements:
i. Is detached from the primary dwelling;
ii. Does not exceed 50 percent of the square footage of the primary dwelling, up to a maximum of 1,200 square feet, whichever is less; iii. Has a maximum height of one story; and
iv. Has side and rear setbacks that comply with the applicable zone, but in no case shall have less than a four feet side and rear yard setback. c. Types and Number of Units Allowed. In any single-unit dwelling zones, only the following combination of accessory dwelling units may be provided on a single parcel:
i. One detached accessory dwelling unit and one junior accessory dwelling unit; or
ii. One detached accessory dwelling unit and one attached accessory dwelling unit.

2. Multi-Unit Dwelling Zones. Accessory dwelling units are allowed in multi-unit dwelling zones as follows:
a. Converted Spaces within a Multi-Unit Dwelling. ___
i. Within any multi-unit dwelling structure used exclusively for residential use, portions of such structures that are not used as livable space may be converted to accessory dwelling units, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that any such space converted to an accessory dwelling unit complies with minimum State building standards for dwellings. ii. At least one accessory dwelling unit shall be allowed within an existing multi-unit dwelling structure as long as the total number of accessory dwelling units within the structure does not exceed 25 percent of the existing units.
b. Detached. Up to two detached accessory dwelling units shall be allowed on a parcel where a multi-unit dwelling structure exists if each of the detached accessory dwelling units meets all the following requirements:
i. Has side and rear setbacks of at least four feet; and 191
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Article 4 – Standards for Specific Land Uses Chapter 17.40 5 ii. Is 800 square feet or smaller in size.

F. Standards Applicable to All Accessory Dwelling Units. The following standards apply to all accessory dwelling units and junior accessory dwelling units constructed on or moved to a new parcel and to the remodeling or rebuilding of existing single-unit dwelling or multi-unit dwelling structure to create an accessory dwelling unit.

1. Parcel Size and Width. No minimum parcel size or parcel width shall apply for the construction of an accessory dwelling unit.

2. Access. Every accessory dwelling unit shall have direct exterior access independent of the exterior access of the primary dwelling.

3. Fire Sprinklers. Fire sprinklers are required in an accessory dwelling unit if they are required in the primary dwelling.

4. Permanent Foundation. Accessory dwelling units shall be installed on and attached to a permanent foundation as follows.
a. All accessory dwelling units shall be permanently attached to a permanent foundation.
b. A recreational vehicle, commercial coach, trailer, motor home, camper, camping trailer, or boat shall not be used as an accessory dwelling unit.

5. Nonconforming Conditions. The correction of nonconforming zoning conditions is not required in order to establish an accessory dwelling unit or junior accessory dwelling unit, in compliance with Government Code Section 65852.2.

6. No Separate Conveyance. An accessory dwelling unit may be rented, but no accessory dwelling unit, unless otherwise permitted by state law, may be sold or otherwise conveyed separately from the parcel and the primary dwelling in the case of a single-unit dwelling parcel or from the parcel and all of the dwellings in the case of a multi-unit dwelling parcel.

7. Design. The color, material and texture of the roof, exterior walls and fenestration of an accessory dwelling unit shall be the same as the primary dwelling unit.

8. Rental Term. No accessory dwelling unit may be rented for a term that is shorter than 30 days, unless otherwise allowed by State law.

9. Impact Fees. No City-imposed impact fees shall be charged to an accessory dwelling unit that is less than 750 square feet in size. If, at a later time, an expansion to an accessory dwelling unit occurs, development impact fees shall apply. Any impact fee charged to an accessory dwelling unit 750 square feet or greater shall be charged proportionately in relation to the square footage of the primary dwelling unit (i.e., the floor area of the 192
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Chapter 17.40 Standards for Specific Land Uses
6 primary dwelling, divided by the floor area of the accessory dwelling unit, multiplied by the typical fee amount charged for a new dwelling). For the purposes of this Paragraph, impact fees do not include any connection fee or capacity charge for water or sewer service.

10. Address Numbers. Accessory dwelling units shall install address numbers in compliance with Section 505 of the California Fire Code. Address numbers shall contrast with their background and be a minimum of four inches high with a minimum stroke width of onehalf inch. If the address numbers for the accessory dwelling unit cannot be visible from the street, the address numbers can be placed on the primary dwelling unit, existing front yard fence or placard at the entrance to the site.

11. United State Postal Service. The applicant must coordinate and comply with the U.S. Postal Service requirements for delivery of mail to the accessory dwelling unit.

G. Additional Standards Applicable to Attached and Detached Accessory Dwelling Units. The following standards shall apply only to attached and detached accessory dwelling units.

1. Size. Attached and detached accessory dwelling units shall comply with the following size standards.
a. Detached. May not exceed 850 square feet if it has fewer than two bedrooms or 1,000 square feet if it has two bedrooms.
b. Attached. May not exceed 850 square feet if it has fewer than two bedrooms or 1,000 square feet if it has two bedrooms. An attached accessory dwelling unit shall not exceed 50 percent of the floor area of the primary dwelling.

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Article 4 – Standards for Specific Land Uses Chapter 17.40 7 2. Height. __
a. The maximum height for a detached accessory dwelling unit on a parcel with an existing or proposed single-unit or multi-unit dwelling unit that is within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as defined in Section 21155 of the Public Resources Code shall be 18 feet. The maximum height may be increased by an additional two feet, to 20 feet, for the purpose of accommodating a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit; or b. The maximum height for a detached ADU on a lot with an existing or proposed multi-family, multi-story dwelling shall be eighteen (18) feet.

3. Passageways. No passageway, breezeway, or similar connection between structures on the parcel shall be required in conjunction with the construction of an accessory dwelling unit.

4. Parking. Attached and detached accessory dwelling units shall comply with the following parking standards.
a. One off-street parking space is required for each attached and detached accessory dwelling unit, unless otherwise specified below. The parking requirement for an attached or detached accessory dwelling unit shall be in addition to the parking requirement for the existing residence on the property. This space may be provided as tandem parking, including on an existing driveway. No parking shall be permitted in the front yard other than on the paved driveway. Parking spaces may also be provided through a mechanical vehicle parking lift. b. Replacement Parking. __
i. When a garage, carport, or covered parking structure providing required parking for the primary residence or residences is demolished to allow for the construction of an accessory dwelling unit or is converted to an accessory dwelling unit, those parking spaces are not required to be replaced. This Paragraph shall not apply to attached garage conversions into a Junior Accessory Dwelling Unit.
ii. When an attached garage, carport, or covered parking structure providing required parking for the primary residence or residences is converted to a junior accessory dwelling unit, those parking spaces are required to be replaced as usable covered parking consistent with the zone districts parking standards.
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Chapter 17.40 Standards for Specific Land Uses
8 c. Additional parking for the accessory dwelling unit is not required in the following instances:
i. The accessory dwelling unit is located within one-half mile walking distance of public transit, including transit stations and bus stations. ii. The accessory dwelling unit is located within an architecturally or historically significant historic district.
iii. The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
iv. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
v. When there is a designated car share vehicle parking space located within one block of the accessory dwelling unit.
vi. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this paragraph.

5. Permit Requirements. Attached and detached accessory dwelling units shall comply with the following permit requirements.
a. Ministerial Accessory Dwelling Unit Permit. Prior to constructing any attached or detached accessory dwelling unit, the property owner shall obtain a Building Permit. The City shall issue the permit within 60 working days from the date that the City received a completed application, unless:
i. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay;
ii. The City requires corrections to the Building Permit application, in which case the 60-day time period is tolled until the applicant resubmits a corrected application; or
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Article 4 – Standards for Specific Land Uses Chapter 17.40 9 iii. The Building Permit application is submitted with a permit application to create a new single-family or multi-family dwelling on the parcel, in which case the City may delay acting on the Building Permit application until the City has acted on the permit application to create the new single-family or multi-family dwelling, but the Building Permit application for the accessory dwelling unit will be issued in conjunction with the permit application approval.
b. Application and Processing Fees. The City Council shall establish a schedule of fees for the application and processing of a Building Permit for an accessory dwelling unit.
c. Demolition Permit. A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time. The applicant shall not be required to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district.

H. Additional Standards Applicable to Converted Accessory Dwelling Units. The following standards apply only to converted accessory dwelling units:

1. Setback. No setback is required for a legally existing structure that is converted to an accessory dwelling unit.

2. Parking. No additional off-street parking is required for the converted accessory dwelling unit, regardless of if a garage, carport, or covered parking structure is converted into an accessory dwelling unit. If replacement parking is provided, the replacement spaces shall be located in any configuration on the same parcel as the accessory dwelling unit and may include but is not limited to covered spaces, uncovered spaces, or tandem spaces.

Replacement parking may only occur on driveways leading to a required parking space or in rear yard on a paved surface, provided such paved area can be easily accessed via the driveway or an alley. No parking shall be permitted in the front yard other than on the paved driveway.

3. Building Permit. The property owner shall obtain a valid Building Permit for the converted accessory dwelling unit, subject to all the standard application and processing fees and procedures that apply to Building Permits generally.

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Chapter 17.40 Standards for Specific Land Uses
10 I. Additional Standards Applicable to Junior Accessory Dwelling Units. The following standards apply only to junior accessory dwelling units.

1. Size. The total area of floor space for a junior accessory dwelling unit shall not exceed 500 feet and shall not expand the size of an existing single-family dwelling by more than 150 square feet, provided such expansion is provided solely for the purpose of accommodating ingress and egress.

2. Efficiency Kitchen. A junior accessory dwelling unit shall include an efficiency kitchen, requiring and limited to the following components:
a. A sink with a maximum waste line drain of one-and-on-half inches; b. A cooking facility with appliances which do not require electrical service greater than one 120 volts or natural or propane gas;
c. A food preparation counter or counters that total at least 15 square feet in area; and
d. Food storage cabinets that total at least 30 square feet of shelf space.

3. Parking. No additional off-street parking is required for the junior accessory dwelling unit, except when the junior accessory dwelling unit is a garage conversion. A junior accessory dwelling unit created in an attached garage shall provide usable replacement of covered parking consistent with the zone districts parking standards.

4. Permits. Junior accessory dwelling units shall comply with the following permit requirements.
a. Ministerial Junior Accessory Dwelling Unit Permit. The property owner shall obtain a valid Building Permit for the junior accessory dwelling unit, subject to all standard application and processing fees and procedures that apply to Building Permit generally. The City shall issue a ministerial permit within 60 days from the date that the City received a completed application, unless either:
i. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay;
ii. The City requires corrections to the Building Permit application, in which case the 60-day time period is tolled until the applicant resubmits a corrected application; or
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Article 4 – Standards for Specific Land Uses Chapter 17.40 11 iii. The application to create a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the parcel.

The City may delay acting on the permit application for the junior accessory dwelling unit until the City acts on the permit application to create the new single-family dwelling, but the application to create the junior accessory dwelling unit will still be considered ministerial without discretionary review or a hearing.
b. Application and Processing Fees. The Council shall establish a schedule of fees for the application and processing of a Building Permit for a junior accessory dwelling unit.

5. Owner Occupancy Requirement. A junior accessory dwelling unit application submitted before January 1, 2024, shall be subject to an owner-occupancy requirement. A person with legal or equitable title to the property shall reside on the property in either the primary dwelling or junior accessory dwelling unit as that person’s legal domicile and permanent residence. However, the owner-occupancy requirement of this paragraph does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

6. Deed Restriction. Junior accessory structures shall be required to file a deed restriction in compliance with the following.
a. Prior to issuance of a Building Permit for a junior accessory dwelling unit, a deed restriction shall be recorded against the title of the property in the County of Fresno Recorder’s office and a copy filed with the Director. The deed restriction shall run with the land and bind all future owners. The form of the deed restriction will be provided by the City and shall provide that:
i. The junior accessory dwelling unit shall not be sold separately from the primary dwelling, except as may otherwise be permitted by State law. ii. The junior accessory dwelling unit is restricted to the approved size and other attributes allowed by this Section.
iii. The deed restriction runs with the land and shall be enforced against future property owners.
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Chapter 17.40 Standards for Specific Land Uses
12 b. The deed restriction may be removed if the owner eliminates the junior accessory dwelling unit, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request to the Director, providing evidence that the junior accessory dwelling unit has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the junior accessory dwelling unit has been eliminated. Appeal may be taken from the Director’s determination consistent with Chapter 17.114 (Appeals).

If the junior accessory dwelling unit is not entirely physically removed but is only eliminated by virtue of having a necessary component of a junior accessory dwelling unit removed, the remaining structure and improvements shall otherwise comply with all applicable development and building standards. c. The deed restriction is enforceable by the Director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the accessory dwelling unit in violation of the recorded restrictions or abatement of the illegal unit.

J. Review Process for Structures Not Complying with Development Standards. An accessory dwelling unit that does not comply with standards in this Section may be allowed with an Administrative Use Permit at the discretion of the Director subject to the following findings:

1. To deny an application or permit under this Section, the Director shall find that the accessory dwelling unit would be detrimental to the public health and safety or would introduce unreasonable privacy impacts to the immediate neighbors.

2. To approve an application or permit to waive required accessory dwelling unit parking, the Director shall find that additional or new on-site parking would be detrimental, and that granting the waiver will meet the purposes of this Section.

17.40.020 Recycling Facilities
A. Purpose. The purpose of this Section is to provide developmental and operational standards for various types and sizes of recycling processing facilities (i.e., reverse vending machine(s), collection facilities, processing facilities), in compliance with Article 2 (Zones, Allowable Uses, and Development Standards) shall be subject to the criteria and standards listed below.

B. Development and Operational Standards. Applications for recycling processing facilities shall be processed and evaluated for propriety of location and consideration shall be given to application that comply with the following standards:
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Article 4 – Standards for Specific Land Uses Chapter 17.40 13 1. Reverse vending machine(s). Reverse vending machine(s) shall be allowed in any nonresidential zone district in compliance with all the following standards:
a. The machines shall be installed as an accessory use in compliance with the applicable provisions of Chapter 17.22 (Accessory Structures) and shall be processed consistent with Chapter 17.74 (Zoning Clearance). b. If located inside of a structure, the machines shall be within 30 feet of the entrance and shall not obstruct pedestrian circulation.
c. If located outside of a structure, the machines shall not occupy required parking spaces, obstruct required paths of travel, or be located within required setbacks and shall be constructed of durable waterproof and rustproof material(s). d. The machines shall not exceed a floor or ground area of 50 square feet for each installation, including any protective enclosure, nor eight feet in height. e. The machines shall have a maximum sign area of four-square feet for each machine, exclusive of operating instructions.
f. The machines shall have operating hours which are consistent with the operating hours of the main use.
g. The area in front of the machines shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn.

2. Small Collection Facilities. Small Collection Facilities shall be allowed, subject to approval of an Administrative Use Permit, in compliance with all of the following standards:
a. The facility shall not exceed a floor or ground area of 350 square feet nor three parking spaces, not including space that would be periodically needed for the removal of materials or exchange of containers.
b. The facility shall not use power-driven processing equipment, except for reverse vending machines.
c. The facility shall not be located within 50 feet of any parcel zoned or occupied for residential use, and shall be set back at least 50 feet from any non-collection facility permanent structure.
d. The facility shall be set back at least 10 feet from any public right-of-way, and not obstruct vehicular or pedestrian circulation.
e. The facility shall accept only recyclable materials including glass, metal, or plastic containers, paper, and reusable items.
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Chapter 17.40 Standards for Specific Land Uses
14 f. The facility shall use containers that are constructed with durable waterproof and rustproof material(s), secured from unauthorized removal of material, and shall be of a capacity sufficient to accommodate materials collected and the collection schedule.
g. Collection containers and site fencing shall be of a color and design that would be compatible and harmonious with the character of their location. h. Additional parking spaces shall not be required for customers of a small collection facility located in the established parking lot of the main use. i. Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present. j. Use of parking spaces by the patrons and the attendant shall not reduce available parking spaces below the minimum number required for the main use, unless the Director determines that existing capacity is not fully utilized during the time the recycling facility would be on the site.
k. All structures shall architecturally integrate with the main structures on the same lot. Cargo containers (storage containers, C-trains) shall not be used for structures unless treated to match the primary structure’s architecture, colors, and materials. l. Signs may be provided as follows:
i. Recycling facilities may have identification signs with a maximum area of 15 percent for each side of the structure or 12 square feet, whichever is greater. In the case of a wheeled facility, the side shall be measured from the ground to the top of the container.
ii. Signs shall be both compatible and harmonious with the character of their location.
iii. Directional signs without advertising messages may be installed with the approval of the Director.

3. Large Collection Facilities. Large Collection Facilities shall be allowed, subject to approval of a Conditional Use Permit and Site Plan Review, in compliance with all the following standards:
a. The facility shall not abut a parcel zoned or occupied for residential use. b. The facility shall be screened from public rights-of-way by a minimum six-foot solid masonry wall or located within an enclosed structure.
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Article 4 – Standards for Specific Land Uses Chapter 17.40 15 c. Structure setbacks and landscaping shall be provided as required for the applicable zoning district.
d. Exterior storage of material shall be in sturdy containers that are secured and maintained in good condition. Storage, excluding truck trailers, shall not be visible above the height of the required solid masonry walls.
e. The site shall be maintained clean, sanitary, and free of litter and any other undesirable materials, and shall be cleaned of loose debris on a daily basis. f. Containers provided for “after hours” donation of recyclable materials shall be permanently located at least 100 feet from any parcel zoned or occupied for residential use, constructed of sturdy, rustproof material(s), have sufficient capacity to accommodate materials collected, and be secured from unauthorized entry or removal of materials.
g. Dust, fumes, odor, smoke, or vibration, above ambient levels, shall not be detectable on adjoining parcels.
h. Any other conditions deemed necessary by the Commission to ensure facility screening, landscaping, circulation/parking, noise, odor, and sanitation control to assure compatibility with surrounding land uses.

4. Recycling Processing Facilities. A Recycling Processing Facility shall be allowed, subject to approval of a Conditional Use Permit and Site Plan Review, in compliance with all the following standards:
a. The facility shall not abut a parcel zoned or occupied for residential use. b. Light recycling processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shredding, and sorting of source-separated recyclable materials and repairing of reusable materials.
c. A light recycling processing facility shall not exceed 4,500 square feet of gross floor or ground area, may have up to an average of two outbound truck shipments of material each day, and shall not bale, compact, or shred ferrous metals, other than beverage and food containers.
d. A heavy recycling processing facility may exceed 4,500 square feet of gross floor or ground area and two outbound truck shipments each day and may perform those functions not allowed at light processing facilities. e. The facility shall be screened from public rights-of-way by a minimum six-foot solid masonry wall or located within an enclosed structure.
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Chapter 17.40 Standards for Specific Land Uses
16 f. Exterior storage of material shall be in sturdy containers or enclosures that are secured and maintained in good condition. Storage, excluding truck trailers, shall not be visible above the height of the required solid masonry walls. g. Containers provided for “after hours” donation of recyclable materials shall be permanently located at least 100 feet from any parcel zoned or occupied for residential use, constructed of sturdy, rustproof material(s), have sufficient capacity to accommodate materials collected, and be secured from unauthorized entry or removal of the materials.
h. Dust, fumes, odor, smoke, or vibration, above ambient levels, shall not be detectable on adjoining parcels.
i. Any other conditions deemed necessary by the Commission to ensure facility screening, landscaping, circulation/parking, noise, odor, and sanitation control to assure compatibility with surrounding land uses.

17.40.030 Emergency Shelter
A. General. An emergency shelter for displaced persons shall be an allowed by-right use on any parcel in zones as allowed in Article 2 (Zones, Allowable Uses, and Development Standards). Each facility shall comply with all of the required development and operational standards of the zone in which it is located.

B. Standards. In addition to the development standards in the underlying zone, emergency shelters shall comply with the standards established in this Section. In the event of conflict between these standards and the underlying zone regulations, the provisions of this Section shall apply.

1. Facility Compliance. Federal, State, and local licensing as required for any program incidental to the emergency shelter.

2. Physical Characteristics. Emergency shelters shall comply with the following standards. a. Compliance with applicable state and local uniform housing and building code requirements.
b. Facilities shall have on-site security during all hours when the shelter is open. c. Facilities shall provide exterior lighting on pedestrian pathways and parking lot areas on the property. Lighting shall reflect away from residential areas and public streets.
d. Facilities shall provide secure areas for personal property. 203
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Article 4 – Standards for Specific Land Uses Chapter 17.40 17 3. Occupancy. A maximum of 30 beds or persons may be served nightly, with associated support services not open to the public.

4. Length of Stay. The length of stay of an individual client shall not exceed six months within a 12-month period; days of stay need not be consecutive.

5. Waiting and Intake Area. A client waiting area shall be provided that is sufficient in size to accommodate all persons waiting to enter the facility and shall contain a minimum of 10 square feet per bed provided at the facility.

6. Support Services. Emergency shelters that provide support services shall allocate sufficient areas on site, and properly enclosed within the structure. Support services include, but are not limited to, the following:
a. Food preparation and dining areas.
b. Laundry facilities.
c. Restrooms and showers.
d. Areas to secure and store client belongings.

7. Management and Operations Plan. The applicant or operator shall submit a management and operation plan for the emergency shelter for review and approval by the Director in consultation with the Chief of Police in conjunction with the site plan review application and/or prior to the issuance of permits. The plan shall include a floor plan that demonstrates compliance with the physical standards of identified in Subsection B.2. The plan shall remain active throughout the life of the facility, with any changes subject to review and approval by the Director in consultation with the Chief of Police. The plan shall be based on "best practices" and include, but not be limited to, a security plan, procedures list, list of services, staff training, "good neighbor" communication plan, client transportation, ratio of staff to clients, eligibility and intake and check out process, detailed hours of operation, ongoing outreach plan to the displaced population, and participation in data collection for the Fresno Madera Counties Continuum of Care Point-in-Time Report.

The City may inspect the facility at any time for compliance with the facility’s management and operation plan and other applicable laws and standards.

8. Permit Fee. The Council may establish a fee by resolution to cover the administrative cost of review of the required management and operation plan.

C. Constitutionality. Should any subsection, paragraph, clause, or phrase of this Section for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Section. 204
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Chapter 17.40 Standards for Specific Land Uses
18 17.40.040 Home Occupation
A. Purpose and Intent. It is the intent of this Section to allow for home occupations if their effects on residential neighborhoods are undetectable from normal and usual residential activity and that such activities are not detrimental to the residential character of the neighborhood in which they are located.

B. Home Occupation Permit Application. A Home Occupation Permit is required to engage in a home occupation. See Chapter 17.78 (Home Occupation Permit) for Occupation Permit application and processing procedures. The Home Occupation Permit shall be issued by the Director who may establish reasonable conditions to prevent potential adverse impacts. An application for a Home Occupation Permit shall be in a form prescribed by and filed with the Department. The application shall be complete and appropriate fees paid at the time of filing. No Business License shall be issued to the applicant by the Finance Department until the Home Occupation Permit is approved and issued by the Director.

C. Operating Standards. Home occupations shall comply with the following:

1. Business License. The home occupation shall be conditionally approved until the applicant submits to the Department evidence of a valid Business License for the home occupation pursuant to Section 5.04.020 (License – Required – Compliance) of the Municipal Code.

The applicant shall comply with this condition within five days after approval of the Home Occupation Permit as herein provided for. Failure to do so will result in the automatic revocation or termination of the Home Occupation Permit. Possession of a State Board of Equalization resale permit indicating an address in a residential zone shall be deemed constructive notice of the existence of a business, thus subjecting it to Home Occupation Permit regulations.

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

3. Equipment. There shall be no use of materials or mechanical equipment not recognized as an incidental domestic use which creates objectionable noise, dust, odor, vibration, or other effects, which can be detected at the property line. The operation of the facility must comply with residential noise standards contained in Chapter 9.26, (Prohibition of Unreasonably Loud and Unnecessary Noise) and the Noise Element of the General Plan.

Power tools not exceeding two horsepower are permitted. Commercial kitchens are prohibited.
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Article 4 – Standards for Specific Land Uses Chapter 17.40 19 4. Client Visitation. The use shall not generate pedestrian or vehicular traffic or parking demand more than that customarily associated with the residential zone in which it is located.

5. Deliveries and traffic generation. When the person conducting the home occupation serves as an agent or intermediary between outside suppliers and outside customers, all articles, except for samples, shall be sold directly to customers at an off-site premises location.

Deliveries to and pick-ups from the home occupation to customers is prohibited. Deliveries to and pick-ups by commercial vehicles as well as mail carriers (i.e., USPS, FedEx, UPS) are permissible; however, they shall not be excessive, as to cause a traffic nuisance for surrounding uses.

6. Outdoor Display and Storage. There shall be no excessive or unsightly storage of materials or supplies, indoor or outdoor, for purposes other than those permitted in the zone.

7. Parking. Existing garages that are required for off-street parking spaces shall not be modified or used to preclude the normal parking and storage of family vehicles. Home occupations shall provide off-street parking for all vehicles owned by or registered to the business. Vehicles used to transport goods for the home occupation shall be parked onsite. Large vehicles, trailers, and other forms of commercial vehicles used to conduct the home occupation may be required to be stored at an off-site location.

8. Signs and Advertising. Home occupations shall not involve the use of signs or structures to advertise the business or service(s) other than those permitted in the district of which it is a part. Except as allowed by these standards there shall be no delivery, display, distribution, sale, or storage of merchandise, or advertising signs on or off the premises.

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Chapter 17.40 Standards for Specific Land Uses
20 9. Dwelling Appearance. The home occupation shall not alter the appearance of the dwelling unit or the conduct of the occupation within to conduct, operate or maintain the business either by color, materials or construction, lighting, signs, sounds, noises, or vibrations, which tend to diminish the residential character of the residence.

10. Allowable Area. The total area of the main residence structure used for the operation and conduct of the business shall not exceed 250 square feet or 15 percent of the total floor area of the residence, whichever is smaller. The home occupation shall be conducted entirely within the primary structure.

11. Business Operation. No part of the conduct, maintenance, or operation of the business or the storage of materials or equipment therefor shall be in open areas visible to the neighbors or public.

12. Rental Property. If the home occupation is to be conducted on rental property, property owner authorization for the proposed use shall be obtained prior to the issuance of a Home Occupation Permit.

13. Safety. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises nor use utility services in amounts greater than normally provided for the residential use.

14. Nuisance. The use shall not create or cause dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials, or vibrations that can or may be considered a hazard or nuisance. The home occupation shall not generate quantities or types of refuse or trash not normally associated with residential use.

D. Allowed Uses. The following types of home occupations shall be allowed in zones where residential uses are allowed, such as, but not limited to:

1. Consultative professional occupations, whose function is one of rendering a service and does not involve the dispensing of goods and/or products.

2. Specialty/Trade contractors, including electrician, general contractor, landscaper, janitorial cleaning, painter, plumber, and home/commercial maintenance service provider.

3. Commercial truck driver, tow truck driver, or other similar transportation trade.

4. Event planner and party equipment rental.

5. Internet based business, where all components and services are conducted online via the internet.

6. Personal care services, including athletic trainer, dietician, and life coach. 207
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Article 4 – Standards for Specific Land Uses Chapter 17.40 21 7. Cottage food operation or other food uses that are exempt from an Environmental Health permit.

8. Secondary business offices, where said business has its principal office, staff and equipment located elsewhere.

9. Farm management offices, where an agricultural operation on the premises requires such offices.

10. The giving of music lessons and similar occupations for no more than one person at a time.

11. Salesperson/sales office, when all sales are done by written order with no commodities or displays on the premises.

12. Drafting, designing and the like, using only the normal drafting equipment.

E. Prohibited Uses. The following types of home occupations shall not be allowed in a residential zone, such as, but not limited to:

1. Gun and/or ammunition sales;

2. Barber, beauty shops, body art, and other similar cosmetic care services;

3. Businesses which involve the handling, training, breeding, raising or grooming of cats, dogs, or other animals on the premises;

4. Carpentry and cabinet making;

5. Medical and dental offices, clinics, laboratories, and other similar para-professional services;

6. Repair, fix-it or plumbing shops;

7. Storage of equipment, materials and other accessories to the construction or service trades;

8. Motor vehicles repair (body or mechanical), upholstery, detailing, painting;

9. On- or off-site vehicle detailing services, including mobile car wash, detailing, and window tinting;

10. Screen printing;

11. Microenterprise home kitchen operations;

12. Welding or machining;

13. Kennel or cattery; and

14. Other uses which in the opinion of the Director conflict with the purpose of this Section. 208
Section 5, Item E.

Chapter 17.40 Standards for Specific Land Uses
22 17.40.050 Mobile Home Park
A. Purpose. The purpose of this Section is to promote housing opportunities for residents by establishing policies and development standards for mobile home parks. The development standards for the mobile home parks will further encourage the creation of stable and attractive parks which will benefit the residents of the park and the community.

B. General Provisions and Exceptions. Mobile home parks shall comply with the following standards.

1. The provisions of this Section shall be considered supplemental to all applicable State regulations and to other pertinent City ordinances.

2. Mobile home parks may be constructed on any land planned and zoned for residential development, as identified in Article 2 (Zones, Allowable Uses, and Development Standards).

C. Allowed Uses. Allowed uses within a mobile home park include:

1. Single-unit dwelling mobile/manufactured home;

2. Common recreational facilities and structures;

3. Administration offices for mobile home park use only; and

4. Accessory uses incidental to single-unit dwelling and/or mobile homes parks.

D. Uses Allowed with a Conditional Use Permit. All mobile home parks shall require a Conditional Use Permit. Applications for a Conditional Use Permit shall be consistent with Chapter 17.84 (Conditional Use Permit). In addition, the following information shall be provided.

1. A complete storm drainage plan providing for the ultimate disposal of stormwater showing on-site facilities and off-site storm lines;

2. A wastewater plan which identifies the location and size of sewer lines within the mobile home park;

3. A complete water source and distribution plan for the entire mobile park.

E. Prohibited Uses. The following uses and activities are prohibited in a mobile home park:

1. Travel trailers and other recreational vehicles shall not be located or occupied in mobile home parks except as specified elsewhere in this Title.

2. Commercial activities, except the sale of a mobile home by the owner or by a real estate company.

3. No more than one mobile home shall be allowed on each mobile home lot. 209
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Article 4 – Standards for Specific Land Uses Chapter 17.40 23 F. Development Standards. Mobile home parks shall comply with the following development standards.

1. Minimum and Maximum Size. The minimum parcel size for a mobile home park shall be 2.5 acres. The maximum size of a mobile home park shall be 20 acres.

2. Density. The density of the mobile home park shall not exceed the allowable density permitted by the underlying land use designation in the General Plan.

3. Minimum Mobile Home Space Size. The minimum size of a mobile home space shall be:
a. Single Wide. Each lot planned for a single wide mobile home shall have a minimum lot size of 2,800 square feet.
b. Double Wide. Each lot planned for a double wide mobile home shall have a minimum lot size of 4,500 square feet.

4. Setback Requirements. Mobile home parks shall comply with the following setback requirements.
a. Mobile Home Park. Parks shall comply with the following:
i. Front Setback: 20 feet
ii. Side Setback: None, except when the side yard area is adjacent to a street in which case the yard shall be a minimum of 10 feet.
iii. Rear Setback: None, except when the rear yard area is adjacent to a street in which case the yard shall be 10 feet.
b. Individual Mobile Home Lot. Individual spaces/lots shall comply with the following. i. Front Setback: 15 feet.
ii. Side Setback: Eight feet.
iii. Rear Setback: 10 feet.
c. Accessory Structures. Accessory structures (i.e., patio covers, storage structures, carports, greenhouses) can be located within three feet of a side or rear property line.

5. Parcel Coverage. No more than 60 percent of the mobile home lot area shall be covered with structures, including accessory structures.

G. Signs. Signs shall comply with the standards established in Chapter 17.30 (Sign Regulations). 210
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Chapter 17.40 Standards for Specific Land Uses
24 H. Fences, Walls, and Hedges. A seven-foot masonry wall shall be constructed around the rear and side yards of the mobile home park. The wall shall be consistent with the setback requirements of Subparagraph 17.40.050.F (Development Standards), above.

I. Parking. Parking for mobile home parks shall be consistent with the parking regulations established in Chapter 17.28 (Parking, Loading, and Access).

J. Improvement Standards. Mobile home parks shall comply with the following improvement standards.

1. Streets. In addition to all applicable street development requirements, mobile home parks shall provide the following improvements:
a. Streets within the mobile home park that provide access to 20 mobile home lots or more shall not have a pavement width less than 36 feet. b. Streets within the mobile home park that provide access to fewer than 20 mobile home lots shall not have a pavement width less than 30 feet. c. The maximum length of a cul-de-sac shall be 3,000 feet. The turnaround shall not have a diameter of less than 70 feet.
d. Street name signs and address directories shall be provided and maintained at each street intersection and at each entrance to a public street.

2. Undergrounding. All public utilities shall be installed underground, including electrical supply, telephone, and cable TV.

3. Skirting. All mobile homes shall be fitted with skirting which extends from the floor level of the mobile home to the ground.

4. Landscaping. Mobile home parks shall comply with the following. a. All exterior yard areas shall be landscaped with turf and a combination of shrubs and trees. At least one 15-gallon tree shall be planted for every 25 lineal feet that fronts onto a street.
b. All landscaped areas shall be provided with an irrigation system. These areas shall be well maintained free of weeds and litter, well irrigated, mowed and trimmed.

5. Permits. Unless otherwise governed by State law, any public or private improvements shall be subject to City plan review and permits.
a. The applicant shall file with the City Engineer an application for plan review of improvement plans and specifications of design and construction or alteration of the mobile home park together with a statement describing the water supply, 211
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Article 4 – Standards for Specific Land Uses Chapter 17.40 25 ground drainage and method of sewage and garbage disposal therefor. Said plan review and permit shall be subject to fees establish by resolution of the City Council.
b. All construction and operation procedures within the property lines of the premises of a mobile home park shall be in accordance with the provisions of the most recent edition of:
i. California Health and Safety Code, Division 13 (entitled “Housing”), Part 2 (entitled “Mobile Homes – Manufactured Housing), Section 18000 et seq. ii. California Code of Regulations, Title 25, Division 1, Chapter 3, Subchapter 2 (entitled “Mobile Homes, Recreational Vehicles and Commercial Coaches), Section 4000 et seq.
c. An application for a permit shall be subject to applicable plan review and permits fees as established by City Council resolution.

17.40.060 Mobile and Temporary Office Structures
A. Purpose and Intent. This Section regulates the use of mobile office structures used for commercial and institutional purposes.

B. Screen Stands, Pads, and Undercarriage Equipment. Mobile office structures shall be fitted with appropriate skirts to screen stands, pads and undercarriage equipment. The skirting shall be architecturally compatible with the structure.

C. Design. Roof material, roof overhangs, roof pitch, and exterior siding which shall extend to the ground, shall be compatible with other structures existing within the surrounding area. At the time of permit application, the Director shall review the architectural features and treatment of the proposed mobile office structure and shall determine the architectural compatibility of the proposed structure with surrounding existing structures. The Director may require improvements to the proposed structure to ensure architectural compatibility.

D. Tow Bars. Any tow bars shall be removed when the vehicle is installed.

E. Development Standards. Mobile office structures shall comply with all other applicable standards of the zone in which they are placed.

F. Permanent Foundation. Except for temporary mobile office structures, mobile office structures shall include a permanent foundation, approved by the Building Official. 212
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Chapter 17.40 Standards for Specific Land Uses
26 17.40.070 Wireless Telecommunication Tower, Antennas, and Structures A. Purpose. The purpose of this Section is to provide standards for the development of wireless telecommunications facilities, antennas, and structures. The established standards are to provide a uniform set of aesthetic qualities standards and ensure the orderly development of wireless telecommunications facilities, antennas, and structures on non-public right-of-way areas consistent with Federal standards and with the objectives of the General Plan. Standards and procedures found herein shall apply to all applicable wireless telecommunications facilities and antennas.

B. Applicability. This Section shall apply to any wireless telecommunications facilities, antennas, and structures for which land use approval is required.

1. Pre-existing Towers, Antennas, and Structures. Telecommunications facilities, antennas, and structures legally permitted and existing at the time the ordinance codified in this section becomes effective shall be subject only to federal and state requirements plus local building and safety codes. Once a pre-existing facility applies for any modification or expansion, said facility shall be subject to compliance with all current applicable codes, including but not limited to this Code and this Chapter.

2. New Facilities. All new telecommunications facilities, antennas, and structures requesting a Building Permit.

3. District Height Limitations. The requirements set forth in this section shall govern all antennas and towers proposed for installation in the City of Kerman. Special provisions are created to regulate the location of towers that exceed, and antennas that are installed at a height in excess of the height limitations specified for each zoning district. The height limitations applicable to buildings and structures shall apply to towers and support structures but shall not apply to antennas attached to existing towers.

4. Public Property. Telecommunications facilities located on property owned, leased, or otherwise controlled by the City shall be allowed as provided herein, subject to the provisions of this section.

5. Amateur Radio Receive-only Antennas. This section shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.

6. This section shall also be inapplicable to a satellite dish antenna with a height not exceeding 15 feet, or a ground or building mounted residential receive-only radio or television 213
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Article 4 – Standards for Specific Land Uses Chapter 17.40 27 antenna less than 35 feet high, or a citizens band radio antenna if the height does not exceed 20 feet above the building on which it is mounted or 60 feet above the ground.

7. This section also does not apply to the installation of a ground or building mounted receive only radio or television satellite dish antenna which does not exceed 36 inches in diameter for the sole use of the resident occupying a residential parcel on which the satellite dish is located.

C. Permits Required. Telecommunications facilities, antennas, and structures shall obtain the following permits in compliance with the following.

1. Conditional Use Permit. All telecommunications facilities and antennas shall require a Conditional Use Permit in compliance with Chapter 17.84 (Conditional Use Permits).

2. Site Plan Review. Any telecommunications facility, antenna, ground-mounted equipment, and structures shall be required a Site Plan Review in compliance with Chapter 17.80 (Site Plan Review Permit).

3. Building Permit. A Building Permit shall be required prior to the installation of telecommunications facilities, antennas, and structures.

D. Findings for Approval. In considering whether to grant a Conditional Use Permit, the Commission shall find that the following will be met:

1. The aesthetic appearance of the community can be maintained using alternative tower structures, landscaping, setbacks, restrictions on placement, or a combination of the above methods; and

2. The conditions to be imposed protect the applicant’s right to receive reasonably good signal reception without limitations or expenses which are reasonable considering the purchase and installation cost of telecommunications facilities, antennas, and structures.

The telecommunications facility or antenna meets or exceed current standards and regulations of the FAA, the FCC, the California Public Utilities Commission and any other agency of the federal or state government with the authority to regulate towers and antennas.

3. The installation of the telecommunications facility or antenna will provide a geographic area with a needed service that is otherwise not available.

E. General Requirements and Standards. The general requirements and standards set forth in this subsection shall govern the installation, submittal, and aesthetics requirements of all telecommunications facilities, antennas, and structures governed by this Section. 214
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Chapter 17.40 Standards for Specific Land Uses
28 1. Principal or accessory uses. Antennas and towers may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For purposes of determining whether the installation of a tower or antenna complies with zoning district standards and regulations, the evaluation shall include, but not be limited to, set-back, lot-coverage, and other such requirements. The dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this section shall not be deemed to constitute the expansion of a non-conforming use or structure.

2. Submittal requirements. Each applicant requesting a land use approval under this section shall submit a scaled site plan and a scaled elevation view, a series of computer generated simulated photographs portraying the appearance of the proposed tower from critical points of view, and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information deemed by the Director or Planning Commission to be necessary to assess compliance with this section. Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical shall be certified by a licensed professional engineer.

3. Inventory of existing sites. Each applicant for an antenna and or tower shall provide to the Planning Division a grid map depicting an inventory of all existing towers, as well as all of its planned towers, that are either within the jurisdiction of the city or within one mile of the border thereof, including specific information about the (proposed) location, height, and design of each tower. The Planning Division may share such information with other applicants applying for administrative approvals or conditional use permits under this section or other organizations seeking to locate antennas within the jurisdiction of the city for purposes of encouraging co-location where such policy is found consistent with a pleasing appearance in the community, provided, however, that the Planning Division is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

4. Co-location. It is the purpose of this section, except where inconsistent with the goal of maintaining an aesthetically pleasing community, to:
a. Encourage strongly the co-location of antennas and antenna arrays at new and existing tower sites in order to limit or reduce the number of towers within the 215
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Article 4 – Standards for Specific Land Uses Chapter 17.40 29 community. Based on the required inventory of sites, and inventories previously filed with the Community Development Department, the applicant is required to justify why other existing sites are not suitable for co-location, or provide documentation that a tower which might serve as an alternative site is either not available for co-location or not structurally capable of sustaining any co-location. b. The intention of this analysis is to present alternative strategies which would minimize the number, size, and adverse environmental impacts of facilities necessary to provide the needed services to the city and surrounding areas. The analysis shall address the potential for co-location at an existing or a new site and the potential to locate facilities as close as possible to the intended service area. It shall explain the rationale for selection of the proposed site in view of the relative merits of any of the feasible alternatives. The encouragement of co-location shall not extend to towers or other structures which would present a clearly unattractive appearance in the judgment of the Director if such co-location were carried out.

5. Aesthetics and lighting. The guidelines set forth in this subsection shall govern the aesthetics and lighting of all tower antennas governed by this section; provided, however, that the Commission may waive or modify these requirements if it determines that the goals of this subsection are better served thereby.
a. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, to reduce visual obtrusiveness. b. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment. c. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure to make the antenna and related equipment as visually unobtrusive as possible. d. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the Commission may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.

6. Satellite Dish Antennas. The following shall apply to satellite dish antennas located on residential zone districts.
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Chapter 17.40 Standards for Specific Land Uses
30 a. Maximum Size. Satellite dish antennas shall be limited to a maximum diameter of 12 feet.
b. Height. The maximum height of a freestanding satellite dish antenna shall be 15 feet. Edge-mounted antennas, which are mounted in the ground and attached to the eave of a residential dwelling or garage, shall have a maximum height of 18 feet.
c. Number Allowed. Only one satellite dish antenna shall be allowed per parcel. d. Setback Standards. Satellite dish antennas shall comply with the setback standards for the zone in which the satellite dish is to be located. Satellite dish antennas shall be prohibited in front yard setback areas.

F. Exceptions. The Commission may waive or modify standards contained in subsection (E)(5) , when, in the opinion of the Commission, the requirements are determined to be infeasible and/or would not be in the interest of the property, surrounding property, or the community. 217
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Article 4 – Standards for Specific Land Uses Chapter 17.40 31 G. Required Approvals.

1. Administrative Approvals. The addition of a tower or antenna may be permitted through the building permit process in accordance with this section provided the project is considered to be a minor expansion or an accessory use allowed in the zone in which the project is located, and further provided that the total height of the antenna and the structure to which it is attached does not exceed the height or setback restrictions for the zone in which it is located. All such structures shall comply with subsection (E)(5) of this section, unless a modification is granted, and all other applicable provisions of the Municipal Code.
a. Installing an antenna on an existing structure other than a tower (such as a building, sign, light pole, water tower, or other free standing nonresidential structure) that is less than 50 feet in height, so long as such addition does not add more than 20 feet to the height of the existing structure; b. Installing an antenna on any existing tower of any height, so long as the addition of said antenna adds no more than 20 feet to the height of said existing tower and said tower is not a pre-existing tower; provided, however, that such specific permitted use shall not include the placement of additional buildings or other supporting equipment used in connection with said antenna.

2. Site Plan Review Approval. The Director may approve the uses listed in subsections (a), (b) and (c) below. Each application shall be processed in accordance with the provisions of Chapter 17.80 (Site Plan Review Permit) et seq. of this chapter. In connection with any such site plan review approval, the Director may, in order to encourage shared use or use of alternative tower structures, administratively waive any zoning district setback requirements by up to fifty percent and may administratively waive any zoning district height restriction by an amount not to exceed 25 feet. The following uses may be approved by the Director after conducting a site plan review:
a. Locating a tower, including the placement of additional buildings or other supporting equipment used in connection with said tower, in any industrial or commercial zoning district; provided, however, that such tower shall be subject to the height limitations for the zoning district in which the project is proposed, except as waived in Section (G)(2), immediately above.
b. Installing an antenna on an existing structure other than a tower (such as a building, sign, light pole, water tower or other free-standing nonresidential structure) that is 50 feet in height or greater, so long as said additional antenna adds no more than 20 feet to the height of said existing structure. 218
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Chapter 17.40 Standards for Specific Land Uses
32 c. Installing an antenna on an existing tower of any height, including a pre-existing tower and further including the placement of additional buildings or other supporting equipment used in connection with said antenna, so long as the addition of said antenna adds no more than 20 feet to the height of said existing tower.
d. Locating any alternative tower structure in any zoning district that in the judgment of the Director is in conformity with the requirements set forth in subsection (E) of this section; provided, however, that such tower shall be subject to the height limits of the zoning district in which the tower is proposed. e. Installing a ground or building-mounted receiver for radio or television satellite dish only, with a diameter exceeding 36 inches but less than eight feet in diameter, and a height in excess of 15 feet, subject to the following restrictions:
i. In a residential zone, the antenna must be for the sole use of the resident occupying a residential parcel on which the satellite dish is located. ii. In a residential zone, no more than one antenna or satellite dish may be permitted, which must conform to residential height restrictions and setbacks, and must have a rear yard or rear- of-house orientation unless these options preclude a usable satellite signal.
iii. In a non-residential zone, no more than three antennas or satellite dishes may be permitted where adequate screening is provided and which are solely for the use of the project site tenants.
iv. The antenna or satellite dish cannot be located in any required yard setback area of the zoning district in which it is located with the exception of possible encroachment of the antenna array into airspace over said setback.
v. Satellite dishes and parabolic antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their function.

3. Conditional Use Permit. Telecommunications facilities and antennas not permitted pursuant to subsections (1) and (2) shall be subject to approval of a use permit in accordance with Chapter 17.84 (Conditional Use Permits) et seq. of this Section. 219
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Article 4 – Standards for Specific Land Uses Chapter 17.40 33 a. In granting a conditional use permit, the Commission may impose conditions to the extent it concludes such conditions are necessary to minimize any adverse effect of the proposed telecommunications facility, antenna, or structures on adjoining properties. The Commission shall consider the following factors in determining whether to approve a conditional use permit. i. Height of the proposed tower;
ii. Exact location of the tower in relation to the distance of the tower from residential structures and residential district boundaries; iii. Nature of uses on adjacent and nearby properties;
iv. Surrounding topography;
v. Surrounding tree coverage and foliage;
vi. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; vii. Proposed ingress and egress;
viii. Site improvement; and
ix. Availability of suitable existing towers and other structures as discussed in the following subsection.
b. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Commission that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:
i. No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements.
ii. Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.
iii. Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment. iv. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antennae.
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Chapter 17.40 Standards for Specific Land Uses
34 v. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
vi. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
c. The following setbacks and separation requirements shall apply to all towers and antennas for which a use permit is required; provided, however, that the Planning Commission may reduce the standard setbacks and separation requirements if the goals of this section would be better served thereby.
i. Towers must be set back a distance equal to the height of the tower, including antennas, plus 20 feet from any off-site residential structure. ii. Towers, guys, and accessory facilities must satisfy the minimum zoning district setback requirements.
iii. In zoning districts other than industrial or heavy commercial zoning districts, towers over 90 feet in height shall not be located within onequarter of a mile from any existing tower that is over 90 feet in height. d. All towers and telecommunication facilities, with the exception of slimline monopole structures, shall be designed to promote facility and site sharing. To this end, towers and necessary appurtenances, including but not limited to parking areas, access roads, utilities, and equipment buildings shall be designed to allow for potential shared use by other telecommunication services. The facility shall make available unutilized space for co-location of telecommunication facilities, including space for those entities providing similar, competing services. A good faith effort in achieving co-location shall be required. Request for utilization of facility space and responses to such requests shall be made in a timely manner and in writing with copies provided to the City.
e. Towers, equipment shelters, and any guy wires, either completely or individually, shall be enclosed by security fencing not less than eight feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the Planning Commission may waive or modify such requirements, as it deems appropriate. "No Trespassing" signs shall be posted around the facility with a telephone number of who to contact in the event of an emergency on a 24-hour basis.
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Article 4 – Standards for Specific Land Uses Chapter 17.40 35 f. The following requirements shall govern the landscaping surrounding towers for which a use permit is required; provided, however, that the Planning Commission may waive such requirements if the goals of this section would be better served thereby.
i. The applicant shall enter into an indemnification agreement with the city to defend, indemnify, and hold harmless the city and its officers or employees from any claim, action, or proceeding against the city as a result of the action or inaction of the city and its officers or employees in approving an application pursuant to this section.
ii. Tower facilities shall be landscaped with a buffer of plant materials which effectively screen the view of the tower compound from adjacent residential property. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound. iii. In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived altogether. iv. Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.

H. Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove same within 90 days of receipt of notice from the Director notifying the owner of such abandonment. If such antenna or tower is not removed within said 90 days, the Director may remove such antenna or tower at the owner's expense. The Commission declares that such abandoned towers are a public nuisance and may be summarily abated as provided in this Section and as may be provided under the applicable laws of the state, and the expenses of such abatement shall constitute a lien against the underlying property upon which the tower is located and a personal obligation against the owner of such underlying property. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

I. Definitions. For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Alternative tower structure. Man-made trees, clock towers, bell steeples, light poles, slim-line monopole, stealth and similar alternative antenna mounting structures that camouflage or conceal the presence of antennas or towers.
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Chapter 17.40 Standards for Specific Land Uses
36 Antenna. Any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves. This includes antennas relating to personal wireless services. Antennas include microwave dishes, satellite dishes, whips, and panels.

Array. A set of antennas for one carrier or service that are placed on a mount at a given height and spaced so as to avoid internal interference. An array is usually sectored into three directions and separated vertically from another carrier's array co-located on the same mount.

Co-location. The use of a single mount on the ground by more than one carrier, or by several mounts on an existing building or structure by more than one carrier.

Faa. The Federal Aviation Administration.

FCC. The Federal Communications Commission.

Guyed tower. A tower that is tied to the ground or other surface by diagonal cables.

Height. When referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna.

Attice tower. A type of mount that is self-supporting with multiple legs and cross-bracing of structural steel.

Monopole. A type of mount that is self-supporting with a single shaft of wood, steel, or concrete and a platform (or racks) for panel antennas arrayed at the top. Vertical co-locations often have arrays at intermediate positions on the monopole.

Mounts. The structure or surface upon which antennas are mounted, and include monopoles, lattice towers, guyed towers, and buildings.

Omnidirectional (whip) antenna. A thin rod that beams and receives a signal in all directions.

Panel antenna. A flat surface antenna usually developed in multiples covering three sectors of 120 degrees each.

Personal wireless services. Commercial mobile radio services, unlicensed wireless services, and common carrier wireless exchange access services. Commercial mobile radios services include cellular services, personal communication services, enhanced specialized mobile radio services, and paging services.

Personal wireless service facility. A facility for the provision of personal wireless services, as defined by the Telecommunications Act. A personal wireless service facility is the appropriate term for "cell site".

Pre-existing towers and antennas. Any existing tower or antenna for which a permit has been properly issued prior to the effective date of this section. Any such towers or antennas shall be referred to in this section as "pre-existing towers" or "pre-existing antennas" and shall not be required to meet the requirements of this section.

Stealthing. See “alternative tower structure.”
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Article 4 – Standards for Specific Land Uses Chapter 17.40 37 Slimline monopole antenna. A structure not exceeding 70 feet in height, 18 inches in diameter at the base, and ten inches in diameter at the top, upon which are mounted not more than three vertical panel antennas not exceeding one foot in width or seven inches in depth.

Telecommunication facility. A facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes, horns, and other types of equipment for the transmission or receipt of such signals, telecommunication towers or similar structures supporting said equipment, equipment building, parking area, or other accessory development.

Tower. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like.

Vertical antenna. A flat panel or vertical pole or whip type antenna. 224
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Chapter 17.40 Standards for Specific Land Uses
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Chapter 17.42
Density Bonuses
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Chapter 17.42 Density Bonuses
40 Chapter 17.42 Density Bonuses

17.42.010 Purpose
A. Purpose. This Chapter implements Government Code Section 65915, which requires the City to provide incentives for affordable housing, senior housing, and childcare facilities.

B. Conflicts. In the event of any conflict between this Chapter and Government Code Section 65915, the provisions of the Government Code shall apply.

17.42.020 Eligibility and Requirements
To be eligible for a density bonus, reduced parking ratios, and other incentives or concessions as provided by this Chapter, a proposed housing development shall comply with the following requirements and shall satisfy all other applicable provisions of this Zoning Code, except as provide by Section 17.42.050 (Allowed Incentives or Concessions), Section 17.42.090 (Reduced Parking Requirements), and Section 17.42.100 (Housing with Childcare Facilities).

If any portion of this chapter conflicts with any state density bonus law or other applicable state law, state law shall supersede this chapter. Any ambiguities in this chapter shall be interpreted to be consistent with state density bonus laws.

A. Projects Entitled to a Density Bonus. Excluding any units allowed by the density bonus, the City shall grant one density bonus, the amount of which shall be specified in Section 17.42.050 (Allowed Incentives and Concessions), when an applicant for a housing development, includes within that development at least any one of the following:

1. At least five percent of the dwelling units are for very low-income households;

2. At least 10 percent of the dwelling units are for lower-income households;

3. At least 10 percent of the dwelling units in a common interest development as defined in Civil Code Section 4100 are for persons and families of moderate-income, as defined in Health and Safety Code Section 50093, provided that all units in the development are offered to the public for purchase;

4. The project is a senior citizen housing development as defined in Civil Code Sections 51.3 and 51.12, or is a mobile home park that limits residency based on age requirements for housing older persons in compliance with Civil Code Sections 798.76 or 799.5;

5. At least 20 percent of the dwelling units in a student housing development for lower income students that meets the requirements of Government Code Section 65915; 227
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Article 4 – Standards for Specific Land Uses Chapter 17.42 41 6. One hundred percent of all the dwelling units in the housing development, including total units and density bonus units, but exclusive of a manager’s unit(s), are for lower-income households, as defined in Health and Safety Code Section 50079.5, except that 20 percent of the units in the development, including total units and density bonus units, may be for moderate-income house; or

7. At least 10 percent of the dwelling units in a housing development for transitional foster youth, as defined in Education Code Section 66025.9; disabled veterans, as defined in Section 18541; or homeless persons, as defined in the Federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).

8. The Project donates at least one acre of land to the city for very low-income units and the land has the appropriate general plan designation, zoning, permits, and approvals, and access to public facilities needed for such housing.

B. Density Bonus Selection. For purposes of calculating the amount of the density bonus in compliance with Section 17.42.030 (Amount of Density Bonus) below, the applicant who requests a density bonus shall elect whether the bonus shall be awarded based on Paragraphs (A), above.

C. Bonus Units Shall Not Qualify. A density bonus granted in compliance with Section 17.42.050 (Allowed Incentives and Concessions) below, shall not be included when determining the number of dwelling units that are required by Subsection A, above.

D. Minimum Project Size. The density bonus provided by this Chapter shall be available only to a housing development of five or more dwelling units, including mixed-use developments.

E. Condominium Conversion Projects. A condominium conversion project for which a density bonus is requested shall comply with the eligibility and other requirements specified in Government Code Section 65915.5.

F. Commercial development. When an applicant for approval of a commercial development has entered into an agreement for partnered housing to contribute affordable housing through a joint project or two separate projects encompassing affordable housing, the Director shall grant to the commercial developer a development bonus, in compliance with the following:

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Chapter 17.42 Density Bonuses
42 1. Agreement for Partnered Housing. The agreement for partnered housing shall be between the commercial developer and the housing developer, shall identify how the commercial developer will contribute affordable housing, and shall be approved by the City. Affordable housing may be contributed by the commercial developer in one of the following manners:
a. The commercial developer may directly build the dwelling units; b. The commercial developer may donate a portion of the parcel or property elsewhere to the affordable housing developer for use as a site for affordable housing; or
c. The commercial developer may make a cash payment to the affordable housing developer that shall be used towards the costs of constructing the affordable housing project.

2. Affordability Requirements. To qualify for a development bonus under this Subsection, a commercial developer shall partner with a housing developer that provides at least 30 percent of the dwelling units for low-income households or at least 15 percent of the dwelling units for very low-income households.

3. Location of Affordable Housing. The housing shall be constructed on the site of the commercial development or on a site that complies with the following:
a. Within the incorporated City;
b. Close to public facilities and services, including schools and employment centers; and
c. Within one-half mile of a major transit stop, as defined in Public Resources Code Section 21155(b).

4. Type of Development Bonus. The development bonus granted to the commercial developer shall mean incentives, mutually agreed upon by the developer and the City, that may include, but are not limited to, any of the following:
a. Up to a 20 percent increase in maximum allowable intensity in the General Plan; b. Up to a 20 percent increase in maximum allowable floor area ratio; c. Up to a 20 percent increase in maximum height requirements; d. Up to a 20 percent reduction in minimum parking requirements; e. Use of a limited-use/limited-application elevator for upper floor accessibility; and/or
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Article 4 – Standards for Specific Land Uses Chapter 17.42 43 f. An exception to the standards established in this Zoning Code or other land use regulation.

5. Affordable Housing Fee. A development bonus pursuant to this Section shall not include a reduction or waiver of the requirements within an ordinance that requires the payment of a fee by a commercial developer for the promotion or provision of affordable housing.

6. Timing of Construction. If the developer of the affordable dwelling units does not commence with construction of those units in accordance with timelines ascribed by the agreement described in Paragraph 1 above, the City may withhold certificates of occupancy for the commercial development under construction until the developer has completed construction of the affordable units.

17.42.030 Amount of Density Bonus
If requested by the applicant, the City shall grant density bonuses in the amounts established in this Section.

A. Density Bonus. A housing development that complies with the eligibility requirements established in Section 17.42.020 (Eligibility and Requirements), shall be entitles to density bonuses as follows, unless a lesser percentage is proposed by the applicant.

1. Very-Low Income Density Bonus. A housing development that is eligible for a bonus in compliance with the criteria established in Paragraph 17.42.020.A (Projects Entitled to a Density Bonus)shall be entitled to a density bonus in accordance with Table 17.42-1 (Bonus for Very Low-Income Household Units).

Table 17.42-1
Bonus for Very Low-Income Household Units
Percentage of Very Low-Income Units Proposed Percentage Density Bonus 5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
12 38.75
13 42.5
14 46.25
15-44 50
100* 80
* Applies when 100 percent off the total units, excluding manager’s units, are restricted to very low-, lower-, and moderate-income (maximum 20 percent moderate).
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Chapter 17.42 Density Bonuses
44 2. Low-Income Density Bonus. A housing development that is eligible for a bonus in compliance with the criteria established in Paragraph 17.42.020.A (Projects Entitled to a Density Bonus) shall be entitled to a density bonus calculated in accordance with Table

17.42-2 (Bonus for Low-Income Household Units).

Table 17.42-2
Bonus for Low-Income Household Units
Percentage of Low-Income Units Proposed Percentage Density Bonus 10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
16 29
17 30.5
18 32
19 33.5
20 35
21 38.75
22 42.5
23 46.25
24-44 50
100* 80
* Applies when 100 percent off the total units, excluding manager’s units, are restricted to very low-, lower-, and moderate-income (maximum 20 percent moderate).

3. Moderate-Income Density Bonus. A common interest housing development that is eligible for a bonus in compliance with the criteria established in Paragraph 17.42.020.A (Projects Entitled to a Density Bonus) shall be entitled to a density bonus calculated in accordance with Table 17.42-3 (Bonus for Moderate-Income Household Units).

Table 17.42-3
Bonus for Moderate-Income Household Units
Percentage of Moderate-Income Units Proposed Percentage Density Bonus 10 5
11 6
12 7
13 8
14 9
15 10
16 11
17 12
18 13
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Article 4 – Standards for Specific Land Uses Chapter 17.42 45 Table 17.42-3
Bonus for Moderate-Income Household Units
Percentage of Moderate-Income Units Proposed Percentage Density Bonus 19 14
20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 33
39 34
40 35
41 38.75
42 42.5
43 46.25
44 50
100* 80
* Applies when 100 percent off the total units, excluding manager’s units, are restricted to very low-, lower-, and moderate-income (maximum 20 percent moderate).

4. Land Donation Density Bonus. When an applicant for a tentative map, parcel map, or other residential development approval donates land to the City in compliance with this Subsection, the applicant shall be entitled to a density bonus for the entire development, in accordance with Table 17.42-4 (Bonus for Land Donation); provided, that nothing in this Subsection shall be construed to affect the authority of the City to require a developer to donate land as a condition of development approval. See Section 17.42.070 (Donations of Land) for additional land donation requirements.
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Chapter 17.42 Density Bonuses
46 Table 17.42-4
Bonus for Land Donation
Percentage of Very Low-Income Units Proposed Percentage Density Bonus 10 15
11 16
12 17
13 18
14 19
15 20
16 21
17 22
18 23
19 24
20 25
21 26
22 27
23 28
24 29
25 30
26 31
27 32
28 33
29 34
30 35

5. Senior Housing Density Bonus. A housing development that is eligible for a bonus in compliance with the criteria established in Paragraph 17.42.020.A (Projects Entitled to a Density Bonus) shall be entitled to a density bonus of 20 percent of the number of senior housing units. No affordable units are required to qualify for this bonus.

6. Student Housing Density Bonus. A housing development that is eligible for a bonus in compliance with the criteria established in Paragraph 17.42.020.A (Projects Entitled to a Density Bonus) and Government Code Section 65915, shall be entitled to a density bonus of 35 percent of the student housing units. The term "unit", as used in this Paragraph, means one rental bed and its pro rata share of associated common area facilities.

7. Transitional Foster Youth, Disabled Veteran, or Homeless Persons Housing Density Bonus. A housing development that is eligible for a bonus in compliance with the criteria established in Paragraph 17.42.020.A (Projects Entitled to a Density Bonus) shall be entitled to a density bonus of 20 percent of the total number of dwelling units for transitional foster youth, disabled veterans, or homeless persons.

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Article 4 – Standards for Specific Land Uses Chapter 17.42 47 B. Greater or Lesser Bonuses. The City may choose to grant a density bonus greater than provided by this Section for a development that meets the requirements of this Section or grant a proportionately lower-density bonus for a development that does not fully comply with the requirements of this Section.

C. Density Bonus Calculations. For the purpose of density bonus calculations:

1. Fractional units shall be rounded up to the next whole number, in compliance in State law.

2. The residential units do not have to be based upon individual subdivision maps or parcels.

3. The residential units shall be on contiguous parcels that are the subject of one development application.

4. The density bonus shall be permitted in the geographic area of the housing development other than the areas where the units for the lower-income household are located.

5. Affordable housing projects shall choose a density bonus from only one affordability category (e.g., very low-income) and may not combine categories.

6. A density bonus for a senior housing project may not be combined with a density bonus for an affordable housing project.

7. A density bonus for the donation of land may be combined with density bonuses for affordable and senior housing. However, in no case may a total density bonus exceed 35 percent.

D. Requirements for Amendments or Discretionary Approval. The granting of a density bonus shall not be interpreted, in and of itself, to require a General Plan amendment, Rezone, or other discretionary approval. The granting of a density bonus shall not require or be interpreted to require the waiver of a local ordinance or provisions of a local ordinance unrelated to development standards.

17.42.040 Continued Affordability
The applicant shall agree to, and the City shall ensure, the continued affordability of the units that qualified the housing development for a density bonus and other incentives and concessions shall continue to be available as affordable dwelling units in compliance with the following requirements, as required by Government Code Section 65915(c).

A. Duration of Affordability. The applicant shall agree to, and the City shall ensure, the continued availability of the dwelling units that qualified the housing development for a density bonus and other incentives and concessions, as follows.
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Chapter 17.42 Density Bonuses
48 1. Very Low- and Low-income Dwelling Units. The continued affordability of all very low- and low-income-qualifying dwelling units shall be maintained for 55 years, or a longer time if required by the construction or mortgage financing assistance program, mortgage insurance program, rental subsidy program, or by City policy or ordinance.

2. Moderate-Income Dwelling Units in Common Interest Development. The continued availability of moderate-income dwelling units in a common interest development shall be maintained for a minimum of 10 years, or a longer time if required by City policy or ordinance.

3. Dwelling Units for Transitional Foster Youth, Disabled Veterans, or Homeless Persons.

Dwelling units for transitional foster youth, disabled veterans, or homeless persons shall be subject to a recorded affordability restriction of 55 years and shall be provided at the same affordability level as very low-income units.

4. Lower-Income Students in Student Housing Developments. The continued affordability of dwelling units for lower-income students in a student housing development shall be subject to a recorded affordability restriction of 55 years.

B. Dwelling Unit Cost Requirements. The rents and owner-occupied costs charged for the dwelling units in the development that qualify the project for a density bonus and other incentives and concessions, shall not exceed the following amounts during the period of continued availability required by this Subsection:

1. Lower-Income Dwelling Units. Rents for the lower-income density bonus dwelling units shall be set at an affordable rent as defined in Health and Safety Code Section 50053; and

2. Owner-Occupied Dwelling Units. Owner-occupied dwelling units shall be available at an affordable housing cost as defined in Health and Safety Code Section 50052.5 C. Occupancy and Resale of Moderate Income for Sale Dwelling Units. An applicant shall agree to, and the City shall ensure that, the initial occupant of all for-sale dwelling units that qualified the applicant for the award of the density bonus are persons and families of very low-, low-, or moderate-income, as required, and that the dwelling units offered at an affordable housing cost, as that cost is defined in Health and Public Safety Code Section 50052.5 . The City shall enforce an equity sharing agreement unlessit conflicts with the requirements of another public funding source or law. The following requirements apply to the equity sharing agreement.

1. Upon resale, the seller of the dwelling unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation.

2. The City shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within five years for any of the purposes described in Health and 235
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Article 4 – Standards for Specific Land Uses Chapter 17.42 49 Safety Code Section 33334.2(e) that promote home ownership. For the purposes of this Section:
a. The City's initial subsidy shall be equal to the fair market value of the home at the time of initial sale, minus the initial sale price to the moderate-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value; and b. The City's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of initial sale.

17.42.050 Allowed Incentives and Concessions
A. Applicant Request and City Approval. Applicant’s may request incentives and concessions asfollows:

1. In compliance with this Section, an applicant for a density bonus in compliance with this Chapter and Government Code Section 65915(d) may submit a request for the specific incentives or concessions listed in Subsection D (Type of incentives), below, and may request a meeting with the Director.

2. The applicant may file a request for incentives or concessions either before filing an application for City approval of a proposed project or concurrently with an application for project approval.

B. Consideration of Requested Incentive or Concession. The City shall grant the incentive or concession requested by the applicant unless the Council makes a written finding, based on substantial evidence, of any the following:

1. The incentive or concession does not result in identifiable and actual cost reductions, consistent with Government Code Section 65915(k), to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in Government Code Section 65915(c). 236
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Chapter 17.42 Density Bonuses
50 2. The incentive or concession would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon the public health or safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households.

3. The incentive or concession would be contrary to State or Federal law.

C. Number of Incentives or Concessions. In compliance with Table 17.42-5 (Number of Incentives and Concession), the applicant shall receive the number of incentives or concessions based on the percentage of affordable units in the proposed project.

Table 17.42-5
Number of Incentives and Concessions
Number of
Incentives/Concessions
Very Low-Income
Percentage
Lower-Income
Percentage
Moderate-Income
Percentage
1 5 10 10
2 10 17 20
3 15 24 30
4 100 (very low, low, moderate*) 100 (very low, low, moderate*) 100 (very low, low, moderate*) * Maximum 20 percent moderate dwelling units.

D. Types of Incentives. For the purposes of this Chapter, concession or incentive means any of the following:

1. A reduction in the site development standards of this Zoning Code (e.g., parcel coverage limitations, setbacks, on-site open space requirements, reduced parcel sizes, and/or parking requirements) (also see Section 17.42.090 (Reduced Parking Requirements), or a modification of architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission in compliance with Health and Safety Code Section 18901 et seq., that would otherwise be required, that results in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Health and Safety Code Section 5002.5, or for rents for the targeted units to be set as identified in Section 17.42.040 (Continued Availability);

2. Approval of mixed-use land uses not otherwise allowed by this Zoning Code in conjunction with the housing development, if nonresidential land uses will reduce the cost of the housing development, and the nonresidential land uses are compatible with the housing project and the existing or planned development in the area where the project will be located;
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Article 4 – Standards for Specific Land Uses Chapter 17.42 51 3. Other regulatory incentives proposed by the applicant or the City that will result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in Section 17.42.040 (Continued Availability); and/or

4. In its sole and absolute discretion, a direct financial contribution granted by the Council, including writing-down land cots, subsidizing the cost of construction, or participating in the cost of infrastructure.

E. Effect of Incentive or Concession. The granting of a concession or incentive shall not be interpreted to require a General Plan amendment, zoning amendment, study, or discretionary approval.

17.42.060 Standards for Affordable Units
All affordable units built under the provisions of this Chapter shall meet the following requirements:

A. Concurrency. Affordable units shall be built concurrently with market rate units unless the City and the applicant agree within the density bonus housing agreement to an alternative schedule for development.

B. Location. Affordable units shall be built on-site wherever possible and, where practical, shall be dispersed within the housing development.

C. Unit Size. The average number of bedrooms of the affordable units shall be equivalent or greater to the bedroom mix of the housing development's other units.

D. Design. The design and appearance of the affordable units shall be compatible with the design of the housing development.

E. Development Standards. Housing developments shall comply with all applicable development standards, except those that may be modified as permitted by this Chapter.

F. Linked Sites. Circumstances may arise in which the public interest would be served by allowing some or all the affordable units associated with one housing development to be produced and operated at an alternative development site. If the developer and the City agree to allow the production and operation of affordable units at an alternative site, the resulting linked developments shall be considered a single housing development for the purposes of this Chapter.

17.42.070 Donations of Land
An applicant shall be eligible for the increased density bonus for land donation provided all the following conditions established in this Section are met.
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Chapter 17.42 Density Bonuses
52 A. Date of Transfer. The applicant shall donate and transfer the land no later than the date of approval of the final subdivision map, parcel map, or residential development application; B. Developable Acreage. The developable acreage of the land being transferred shall be sufficient to permit construction of units affordable to very low-income households in an amount not less than 10 percent of the number of residential units in the proposed development; C. Minimum Size. The transferred land shall have an area sufficient to permit development of at least 40 units;
D. Appropriate Regulations and Infrastructure. The transferred land shall have the appropriate General Plan land use designation, zoning and development standards to make the development of affordable units feasible, and it shall have existing or planned public facilities, and infrastructure that are adequate to support the development;
E. Entitlements. No later than the date of approval of the final subdivision map, parcel map, or residential development application, the transferred land shall have all the permits and approvals, other than Building Permits, necessary for the development of the very low-income housing units on the transferred land;
F. Deed Restriction. The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units, in compliance with Section 17.42.040 (Continued Affordability). The restriction shall be recorded on the property at the time of dedication; G. Recipient. The land shall be transferred to the City or to a housing developer approved by the City.

The City may require the applicant to identify and transfer the land to the developer; H. Location. The transferred land shall be within the boundary of the proposed development or, if the City agrees, within one-quarter mile of the boundary of the proposed development; and I. Funding. A proposed source of funding for the very low-income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application.

17.42.080 Waivers or Reductions of Development Standards A. Eligibility. An applicant who applies for a density bonus may also request a waiver or reduction of any development standard that would physically prevent the construction of the development project.

B. Development Standards Defined. Development standards shall include the following:
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Article 4 – Standards for Specific Land Uses Chapter 17.42 53 1. Development standards include any adopted City standard or regulation related to the physical location or type of construction, including but not limited to, structure height, setbacks, parking, floor area ratio, and the placement of public works improvements.

2. As defined in this Section, development standards do not include land use regulations, permitting procedures, inclusionary housing requirements, or development impact fees.

C. Number of Waivers or Reductions. Requested waivers and reductions shall comply with the following:

1. There shall be no limit to the number of waivers or reductions available to an applicant.

2. The approval of waivers or reductions shall neither reduce nor increase the number of incentives available to a project established in Section 17.42.050 (Allowed Incentives and Concessions).

D. Justification of Approval. The City shall approve the requested waiver or reduction if the applicant can demonstrate that it is physically impossible to construct the project without the waiver or reduction.

E. Provisions of Waivers or Reductions. The City shall approve the requested waiver or reduction, unless the City makes a written finding, based upon substantial evidence, of either of the following:

1. The waiver or reduction would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment, or on any real property that is listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low-income and moderate-income households.

2. The waiver or reduction is contrary to State or Federal law.

17.42.090 Reduced Parking Requirements
A. Applicability. This Section applies to a development that meets the requirements of Section

17.42.020 (Eligibility and Requirements), and Section 17.42.040 (Continued Affordability), but only at the request of the applicant. An applicant may request additional parking incentives or concessions beyond those provided in this Section in compliance with Section 17.42.050 (Allowed Concessions and Incentives) above through either a modification, variance, or other modification process approved by the Director. A request in compliance with this Section shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled as established in Section 17.42.050 (Allowed Concessions or Incentives). 240
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Chapter 17.42 Density Bonuses
54 B. Maximum Parking Requirements. At the request of the applicant, the City shall not require more than the parking ratios established in Table 17.42-6 (Maximum Parking Requirements) for a density bonus project, inclusive of parking for persons with disabilities and guest parking.

Table 17.42-6
Maximum Parking Requirements
Dwelling Type/Number of Bedrooms Parking Spaces
Studio 1
1 Bedroom 1
2 Bedroom 1.5
3 Bedroom 1.5
4+ Bedroom 2.5
C. Special Parking Requirements. At the request of the applicant, the City shall allow reduced parking ratios (inclusive of parking for persons with disabilities and guest parking) for the project types established in Table 17.42-7 (Special Parking Requirements).

Table 17.42-7
Special Parking Requirements
Project Type Parking Spaces
(spaces per unit)
Rental/for sale projects with at least 11 percent very low-income or 20 percent lower-income units, within 1/2 mile of accessible(1) major transit stop.

0.5 Rental projects 100 percent affordable to lower-income, within 1/2 mile of accessible(1) major transit stop.
0 Rental senior(3) projects 100 percent affordable to lower-income, either with paratransit service or within 1/2-half mile of an accessible(1) bus route(2).
0 Rental special needs projects 100 percent affordable to lower-income households, either with paratransit service or within 1/2-half mile of accessible(1) bus route(2). 0 Rental supportive housing developments 100 percent affordable to lower income households 0 (1) Access to major transit stops shall be unobstructed and without natural or constructed impediments. In compliance with Government Code Section 65915, “natural or constructed impediments” includes, but is not limited to, freeways, rivers, mountains, and bodies of water, but does not include residential structures, shopping centers, parking lots, or rails used for transit. (2) Bus routes shall be fixed and operate at least eight times per day. (3) 62 years of age or older in compliance in Civil Code Sections 51.2 and 51.3.

D. Parking Study. If the City, or an independent consultant, has conducted an area-wide or citywide parking study in the last seven years, then the City may impose a higher vehicular parking ratio based upon substantial evidence found in the parking study, that includes, but is not limited to, an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market-rate and subsidized developments, and the lower rates of car ownership for low-income and very lowincome individuals, including seniors and special needs individuals. The City shall pay the costs of any new study. The City shall make findings, based on a parking study completed in conformity with this Subsection, supporting the need for the higher parking ratio. 241
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Article 4 – Standards for Specific Land Uses Chapter 17.42 55 E. Location of Parking. For purposes of this Section, a development may provide on-site parking through tandem parking or uncovered parking, but not through on-street parking.

F. Parking Space Calculation. If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number.

17.42.100 Housing with Childcare Facilities
A. Housing Developments Childcare Facilities. When an applicant proposes to construct a housing development that complies with the resident and project size requirements of Section 18.42.020 (Eligibility and Requirements) of this Chapter and includes as part of that development a childcare facility that will be located on the site of, as part of, or adjacent to the housing development, the City shall grant either an additional density bonus or an additional incentive or concession.

1. Bonuses and Incentives. The City shall grant a housing development that includes a childcare facility in compliance with this Section one of the following:
a. An additional density bonus that is an amount of floor area in square feet of residential space that is equal to or greater than the floor area of the childcare facility; or
b. An additional incentive or concession that contributes significantly to the economic feasibility of the construction of the childcare facility.

2. Determination of Adequate Childcare Facilities. The City shall not be required to provide a density bonus or concession for a childcare facility in compliance with this Section if it finds, based upon substantial evidence, that the community has adequate childcare facilities.

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Chapter 17.42 Density Bonuses
56 B. Commercial Developments Childcare Facilities. An applicant for a commercial development project, containing at least 50,000 square feet of floor area, may be granted a density bonus when that applicant agrees to set aside at least 2,000 square feet of interior floor area and 3,000 outdoor square footage to be used for a childcare facility, in compliance with Government Code Section 65917.5.

1. Bonuses and Incentives. The City shall grant a commercial development that includes a childcare facility in compliance with this Section one of the following:
a. A maximum of five square feet of floor area for each one square foot of floor area contained in the childcare facility located in an existing childcare facility; or b. A maximum of 10 square feet of floor area for each one square foot of floor area contained in the childcare facility located in a new childcare facility.

2. Qualifications Requirements. Childcare facilities shall be subject to the following. a. For purposes of calculating the allowable density bonus under this Subsection, both the total area contained within the exterior walls of the childcare facility and all outdoor areas devoted to the use of the facility in compliance with applicable State childcare licensing requirements shall be considered. b. The childcare facility shall be of a sufficient size to comply with all applicable State licensing requirements to accommodate at least 40 children. c. This facility may be located either on the project site or may be located off-site as agreed upon by the applicant and the City.
d. If the childcare facility is not located on the site of the development project, the City shall determine whether the location of the facility is appropriate and whether it complies with the purpose and intent of this Section. e. The granting of a density bonus shall not preclude the City from imposing necessary conditions on the development project or on the additional square footage in compliance with Government Code Section 65917.5. 243
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Article 4 – Standards for Specific Land Uses Chapter 17.42 57 17.42.110 Application and Review
A. Application. An application for a density bonus or donation of land for housing shall be filed and processed in compliance with this Chapter as part of entitlement application. Approval of density bonus shall be determined by the Planning Commission consistent with noticing and review process. If desired, a request for specific incentives or concessions, listed in Section 17.42.050 (Allowed Incentives or Concessions), may be filed in compliance with Government Code Section 65915.

B. Determination. Within 30 days of filing the application, the Director shall notify the applicant in writing whether the application is complete and provide the applicant a determination as to:

1. The amount of the density bonus for which the project is eligible;

2. The parking ratio for which the project is eligible, if requested; and

3. Whether the applicant has provided enough information for the City to make a determination as to the requested incentives or concessions, if incentives or concessions are requested.

17.42.120 Density Bonus Housing Agreement
A. Agreement Required. An applicant requesting a density bonus shall agree to enter into a density bonus agreement (referred to as the "agreement") with the City in the City's standard form of agreement.

B. Agreement Provisions. Density bonus request shall comply with the following agreement provisions.

1. Project Information. The agreement shall include at least the following information about the project:
a. The total number of dwelling units approved for the housing development, including the number of designated dwelling units;
b. A description of the household income group to be accommodated by the housing development, and the standards and methodology for determining the corresponding affordable rent or affordable sales price and housing cost consistent with the United States Department of Housing and Urban Development Guidelines;
c. The marketing plan for the affordable dwelling units; 244
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Chapter 17.42 Density Bonuses
58 d. The location, size (square feet), and number of bedrooms of the designated dwelling units;
e. Tenure of the use restrictions for designated dwelling units of the time periods required by Section 17.42.040 (Continued Affordability); f. A schedule for completion and occupancy of the designated dwelling units; g. A description of the additional incentives and concessions being provided by the City;
h. A description of the remedies for breach of the agreement by the owners, developers, and/or successors-in-interest of the project; and i. Other provisions to ensure successful implementation and compliance with this Chapter.

2. Minimum Requirements. The agreement shall provide, at minimum, that:
a. The developer shall give the City the continuing right-of-first-refusal to lease or purchase any or all the designated dwelling units at the appraised value; b. The deeds to the designated dwelling units shall contain a covenant stating that the developer or successors-in-interest shall not assign, lease, rent, sell, sublet, or otherwise transfer any interests for designated units without the written approval of the City;
c. When providing the written approval, the City shall confirm that the price (rent or sale) of the designated dwelling unit is consistent with the limits established for low- and very low-income households, as published by the United States Department of Housing and Urban Development;
d. The City shall have the authority to enter into other agreements with the developer, or purchasers of the designated dwelling units, to ensure that the required dwelling units are continuously occupied by eligible households; e. Applicable deed restrictions, in a form satisfactory to the City Attorney, shall contain provisions for the enforcement of owner or developer compliance. Any default or failure to comply may result in foreclosure, specific performance, or withdrawal of the Certificate of Occupancy;
f. In any action taken to enforce compliance with the deed restrictions, the City Attorney shall, if compliance is ordered by a court of competent jurisdiction, take all action that may be allowed by law to recover all the City's costs of action including legal services; and
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Article 4 – Standards for Specific Land Uses Chapter 17.42 59 g. Compliance with the agreement will be monitored and enforced in compliance with the measures included in the agreement.

C. Conditions by Project Type. Conditions for density bonus request shall comply with the following.

1. For-Sale Housing. In the case of a for-sale housing development, the agreement shall provide for the following conditions governing the initial sale and use of designated dwelling units during the applicable restriction period:
a. Designated dwelling units shall be owner-occupied by eligible households, or by qualified residents in the case of senior housing; and
b. The initial purchaser of each designated dwelling unit shall execute an instrument or agreement approved by the City which:
i. Restricts the sale of the unit in compliance with this Chapter, or other applicable City policy or ordinance, during the applicable use restriction period;
ii. Contains provisions as the City may require ensuring continued compliance with this Chapter and State law; and
iii. Shall be recorded against the parcel containing the designated dwelling unit.

2. Rental Housing. In the case of a rental housing development, the agreement shall provide for the following conditions governing the use of designated dwelling units during the applicable restriction period:
a. The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining the designated dwelling units for qualified tenants; b. Provisions requiring owners to annually verify tenant incomes and maintain books and records to demonstrate compliance with this Chapter; c. Provisions requiring owners to submit an annual report to the City, which includes the name, address, and income of each person occupying the designated dwelling units, and which identifies the bedroom size and monthly rent or cost of each unit; and
d. The applicable use restriction period shall comply with the time limits for continued availability in Section 17.42.040 (Continued Affordability).

3. Moderate-Income Housing. In the case of affordable units for moderate-income households, the density bonus housing agreement shall provide for the following requirements:
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Chapter 17.42 Density Bonuses
60 a. The initial sale of each affordable unit shall be to a household that meets the income requirement for the affordable unit.
b. When the initial purchaser sells the unit, the initial purchaser shall retain the value of any improvements, the down payment, and the value of the unit's appreciation, less the City's share of the appreciation.
c. When the initial purchaser sells the unit, the City shall receive a share of the unit's appreciation equal to the percentage by which the initial sale price to the moderate-income household was less than the fair market value of the home at the time of initial sale. The City shall use this share of appreciation for any of the purposes established in Health and Safety Code Section 33334.2(e).

4. Childcare Facility. In the case of childcare facilities for which a density bonus or additional incentive is being granted, the density bonus housing agreement shall provide for the following requirements:
a. Operating duration requirements for the childcare facility, such that the childcare facility shall remain in operation for as long as or longer than the period during which the density bonus units are required to remain affordable. b. Provisions requiring that for children who attend the childcare facility, the percentage of children from the income group associated with the development's affordable units shall be equal to or greater than the minimum percentage of affordable units that shall be provided for that income group to receive a density to the requirements of this section.

D. Agreement Execution. Agreements shall be executed as follows.

1. Following the Council’s approval of the agreement, and execution of the agreement by all parties, the City shall record the completed agreement on the parcels designated for the construction of designated dwelling units.

2. The approval of the agreement shall take place at the same time as the approval of any required final map or, where a map is not being processed before the issuance of Building Permits for the project. Recordation of the agreement shall take place as soon as possible after the approval of any required final map or, where a map is not being processed before the issuance of any Building Permit for the project.

3. The agreement shall be binding on all future owners, developers, and/or successors-ininterest. 247
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62 This page intentionally left blank.
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Chapter 17.44
Marijuana Cultivation and
Dispensaries
250
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Chapter 17.44 Marijuana Cultivation and Dispensaries
64 Chapter 17.44 Marijuana Cultivation and Dispensaries

17.44.010 Purpose and Intent
The purpose of this Chapter is to expressly prohibit the cultivation of marijuana and marijuana dispensaries in all zones to protect the public peace, health, safety, and general welfare of the City’s citizens except as authorized under Chapter 8.28.

17.44.020 Findings
A. The Council hereby finds that the cultivation of marijuana significantly impacts, or has the potential to significantly impact, the City. These impacts include damage to structures in which cultivation occurs, including improper and dangerous electrical alterations and use, inadequate ventilation, increased occurrences of home-invasion robberies, and similar crimes and nuisance impacts to neighboring properties from the strong and potentially noxious odors from the plants, and increased crime.

B. According to the Chief of Police, marijuana grows have been operating in the surrounding cities and the County of Fresno for several years and have been the subject of armed robberies with shots fired, incidents with juveniles and young adults, trespass, theft, and arrests for violation of both State and Federal laws, including seizure of illegal firearms. There has been some cultivation within the City and cultivation is likely to increase as surrounding cities and the County of Fresno have banned or are banning cultivation. Marijuana cultivation attracts crime and associated violence and is harmful to the safety and welfare of the City and its residents and constitutes a public nuisance.

C. Marijuana cultivation in the City poses a threat to the public peace, health and safety. Many marijuana grows have emerged in the City which are very visible to the public, and easily accessible to the public, including children and youths. There is a threat of violent crime due to the size, location, and monetary value of these mature marijuana grows.

D. It is acknowledged that the voters of the state of California have provided a limited criminal defense to the cultivation, possession, and use of marijuana for medical purposes through the adoption of the Compassionate Use Act in 1996 in compliance with Proposition 215 and codified as Health and Safety Code Section 11362.5. The Compassionate Use Act (CUA) does not address the land use or other impacts that are caused by the cultivation of marijuana. 251
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Article 4 – Standards for Specific Uses Chapter 17.44
65 E. The CUA is limited in scope, in that it only provides a defense from criminal prosecution for possession and cultivation of marijuana to qualified patients and their primary caregivers. The scope of the Medical Marijuana Program Act (MMPA), commencing with Health and Safety Code Section 11362.7, is also limited in that it establishes a statewide identification program and affords qualified patients, persons with identification cards and their primary caregivers, an affirmative defense to certain enumerated criminal sanctions that would otherwise apply to transporting, processing, administering, or distributing marijuana.

F. Neither the CUA and MMPA nor the California Constitution creates a right to cultivate medical marijuana.

G. It is critical to note the CUA and MMPA do not abrogate the City to regulate for public health, safety, and welfare. Health and Safety Code Section 11362.5(b)(2) provides that the CUA does not supersede any legislation intended to prohibit conduct that endangers others. In addition, Health and Safety Code Section 11352.83 authorizes cities and counties to adopt and enforce rules and regulations consistent with MMPA.

H. The Council finds that neither the CUA nor the MMPA preempts the City’s exercise of its traditional police powers in enacting land use and zoning regulations, as well as legislation for preservation of public health, safety, and welfare, such as this Zoning Code prohibiting marijuana cultivation and dispensaries in all zones.

I. Marijuana remains an illegal substance under the Federal Controlled Substances Act, 21 U.S.C. 801 et seq., and is classified as a "Schedule I Drug," which is defined as a drug or other substance that has a high potential for abuse, that has no currently accepted medical use in treatment in the United States, and that has not been accepted as safe for its use under medical supervision.

Furthermore, the Federal Controlled Substances Act makes it unlawful for any person to cultivate, manufacture, distribute, dispense, or possess with intent to manufacture, distribute, or dispense marijuana. The Controlled Substances Act contains no statutory exemption for the possession of marijuana for medical purposes. The City does not wish to be in violation of Federal law.

J. In 2013, the California Supreme Court confirmed that cities have the authority to ban medical marijuana land uses (City of Riverside v. Inland Empire Patients Health and Wellness Center (2013) 56 Cal. 4th 729).

K. Under the Federal Controlled Substances Act, codified in 21 U.S.C. Section 801 et seq., the use, possession, and cultivation of marijuana are unlawful and subject to Federal prosecution without regard to a claimed medical need.
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Chapter 17.44 Marijuana Cultivation and Dispensaries
66 L. On October 9, 2015, Governor Jerry Brown signed into law three bills--AB 243, AB 266 and SB 643- -which together form the Medical Marijuana Regulation and Safety Act ("MMRSA"). The MMRSA, which became effective January 1, 2016, creates a comprehensive State licensing system for the commercial cultivation, manufacture, retail sale, transport, distribution, delivery, and testing of medical cannabis.

M. In addition to creating these State controls, the MMRSA preserves the City’s authority to prohibit, regulate and/or license medicinal marijuana uses within its jurisdiction, as it expressly provides in the MMRSA. (Business and Professions Code Sections 19315(a), 19316, and 19316(c).) N. The MMRSA further expressly allows local governments to enact ordinances expressing their intent to prohibit the cultivation of marijuana and their intent not to administer a conditional permit program pursuant to Health and Safety Code Section 11362.777 for the cultivation of marijuana (Health and Safety Code Section 11362.777(c)(4)).

O. The MMRSA requires a local government that wishes to prevent marijuana delivery activity, as defined in Business and Professions Code Section 19300.5(m), from operating within the local government’s boundaries to enact an ordinance affirmatively banning such delivery activity (Business and Professions Code Section 19340(a)).

P. Under the dual licensing system created by the Act, before any kind of medical marijuana license is issued by the State, the applicant must have obtained the necessary local license and/or permit for the requested marijuana-related use.

Q. In compliance with the statutes created by the Act, local jurisdictions that adopt a ban on medicinal marijuana dispensaries and/or cultivation will effectively have a veto over whether a State license for the locally regulated activities can be issued (Business and Professions Code Sections 19312 and 19320(b); Health and Safety Code Section 11362.777(b)(1)).

R. The City hereby reaffirms and confirms that the City’s Zoning Code is adopted and operates under the principles of permissive zoning, meaning that any land use not specifically authorized or identified in the Zoning Code is prohibited. California Health and Safety Code Section 11362.777(b)(3) expressly provides that the Department of Food and Agriculture may not issue a State license to cultivate medical marijuana within a City that prohibits cultivation under the principles of permissive zoning. Notwithstanding this, and without waiving any rights pursuant to its permissive zoning, the adoption of prohibitions of marijuana cultivation and dispensaries is in the interest of the City.
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67 S. Several California cities have reported negative impacts of marijuana cultivation, processing, and delivery and/or distribution activities, including but not limited to offensive odors, the illegal sale and distribution of marijuana, and public health concerns including fire hazards and problems associated with mold, fungus, and pests.

T. Due to the value of marijuana plants and their strong smell (which alerts others to their locations), marijuana cultivation creates an increased risk to public safety and/or an "attractive nuisance." U. The indoor cultivation of marijuana has potential adverse effects to the structural integrity of the structures in which it is cultivated, and the use of high wattage grow lights and excessive use of electricity increases the risk of fire, which presents a clear and present danger to the structure and its occupants.

V. The Attorney General’s August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use recognizes that the cultivation or other concentration of marijuana in any location or premises without adequate security increases the risk that nearby homes or businesses may be negatively impacted by nuisance activity such as loitering or crime.

W. Based on the experiences of other cities, the foregoing negative effects on the public health, safety, and welfare would be likely to occur in the City due to marijuana cultivation and dispensaries and their associated activities.

X. The council held a public hearing on February 17, 2016, and duly considered staff reports, Commission recommendations, and public comments.

Y. The City has a compelling interest in protecting the public health, safety, and welfare of its residents and businesses and in preserving the peace and quiet of the neighborhoods in which marijuana is currently grown.

17.44.030 Definitions
For purposes of this Chapter, unless the particular provision or the context otherwise clearly requires, the definitions in this Section shall govern the construction, meaning, and application of words and phrases used in this Chapter:

A. Cultivation. The planting, growing, harvesting, drying, processing, or storage of one or more marijuana plants or any part thereof in any location.

B. Marijuana. All parts of the plant Cannabis sativa L., whether growing or not, and includes medical marijuana.

C. Medical Marijuana. Marijuana used for medical purposes in accordance with California Health and Safety Code Section 11362.5.
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Chapter 17.44 Marijuana Cultivation and Dispensaries
68 D. Collective, Cooperative, or Dispensary. A collective, cooperative, dispensary, operator, establishment, provider, association or similar entity that cultivates, distributes, delivers, or processes marijuana for medical purposes relating to a qualified patient or primary caregiver, pursuant to the Compassionate Use Act and the Medical Marijuana Program Act.

E. Primary caregiver. A primary caregiver as defined in Health and Safety Code Section 11362.7.

F. Qualified patient. A qualified patient as defined in Health and Safety Code Section 11362.7.

17.44.040 Relationship to Other Laws
This Chapter is not intended to, nor shall it be construed or given effect in a manner that causes it to, apply to any activity that is regulated by Federal or State law to the extent that application of this Chapter would conflict with such law or would unduly interfere with the achievement of Federal or State regulatory purposes. This Chapter shall be interpreted to be compatible and consistent with Federal, County, and State enactments and in furtherance of the public purposes which those enactments express. This Chapter will supersede any other provisions of the Municipal Code found to be in conflict.

17.44.050 Prohibition of Marijuana Cultivation
Marijuana cultivation by any person, including primary caregivers, qualified patients, collectives, cooperatives, or dispensaries, is prohibited in all zones within the City.

17.44.060 Consumption of Medical Marijuana
No on-site consumption of medical marijuana shall occur except by a qualified patient or person with an identification card who lives on the property as their principal place of residence.

17.44.070 Dispensary as a Prohibited Use
A dispensary is a prohibited use in all zone City.

17.44.080 Public Nuisance Declared
Any use or condition caused or permitted to exist within any zone of the City in violation of the provisions of this Chapter is hereby declared a public nuisance. The City will avail itself of all available legal remedies to abate the nuisance.
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Article 4 – Standards for Specific Uses Chapter 17.44
69 17.44.090 Violation and Penalty
A violation of this Chapter is subject to the provisions in Chapters 1.18, 1.20, and 8.32 of this code relating to code enforcement authority of the City, public nuisances, and cost recovery by City.

17.44.100 Severance
If any section, subsection, phrase, or clause of this Chapter is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Chapter. 256
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Chapter 17.46
Multi-Unit Dwelling Objective
Design Standards
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Chapter 17.46 Multi-Unit Dwelling Objective Design Standards 72 Chapter 17.46 Multi-Unit Dwelling Objective Design
Standards

17.46.010 Purpose and Intent
The purpose of this Chapter is to provide architectural and site design standards for mixed-use and multiunit residential dwelling development projects (referred to as “projects” or the “project”). It is the intent of these standards to provide applicants and property owners with a clear understanding of the City’s expectations for development. The objective design standards also further the goals, policies, and programs of the General Plan, which encourage high quality design and streamlining of housing development.

The standards contained in this Chapter are written as requirements, rather than guidelines; therefore, all qualifying mixed-use and multi-unit residential projects applying for streamlined approval in accordance with Section 17.46.020 (Applicability), below, shall comply with each standard contained in this Chapter.

Proposed projects shall also comply with all applicable development requirements in the Municipal Code, including but not limited to Building Permit requirements, Zoning Code requirements, Grading Permit requirements, and development standards such as height, setbacks, floor area ratio, etc.

17.46.020 Applicability
A. Applicability. The standards established in this Chapter shall apply to the following projects which qualify for ministerial streamlined approval in accordance Government Code Section 65913.4:

1. Mixed-Use. A structure consisting of residential and non-residential uses (e.g., commercial retail, retail service, office, civic, and institutional) with at least two-thirds of the square footage designated for residential use, transitional housing, or supportive housing.

2. Multi-Unit Residential Dwelling. A residential structure containing two or more residential dwelling units, each of which is for the occupancy by one or more persons, including duplexes, triplexes, fourplexes, apartments, condominiums, and townhouses. 259
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73 B. Objective Standards. As defined by Government Code Section 65913.4, objective design standards are standards that involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark. The standards established in this Chapter shall be mandatory for all projects identified in Subsection A, above, for which a streamlined approval process is requested pursuant to Government Code Section 65913.4.

Projects seeking exceptions or deviations to the standards contained herein, or projects which do not qualify for a streamlined approval process, shall be subject to existing discretionary design review process and development standards established by this Zoning Code.

17.46.030 Approval Authority
The Director shall use the standards established in this Chapter to review and approve developments that meet all the criteria established in Government Code Section 65913.4. The Director’s approval can be appealed in compliance with Chapter 17.114 (Appeals).

17.46.040 Site Planning and Design
A. Structure Orientation and Location. Eligible projects shall comply with the following structure orientation and location standards.

1. Orientation of Structures. Project structures that are not adjacent to the street shall be oriented to create internal courtyards, open space, and/or paseos.

2. Separation Between Multiple Structures. There shall be a minimum of 15 feet between structures. The space between structures shall be unobstructed, accessible to all residents, and include sidewalks, sitting areas, or live plantings.

3. Staggered Setback. Multiple structures located parallel to a public right-of-way shall have a staggered setback for each structure with a minimum variation of three feet as measured from the property line abutting the public right-of-way.

4. Controlled Vehicular Entries. Controlled vehicular entries (e.g., gates, boom barrier, guard booth) shall be located a minimum of 20 feet from the property line to provide adequate stacking space for vehicles entering the site/parking structure.

5. Residential Adjacencies. The side and rear walls of any structure within 15 feet of a required setback area shall be limited to maximum height of 15 feet higher than the directly adjacent existing residential structure, or the exterior wall plane of each floor above the ground floor shall be stepped back by a minimum of eight feet along the entire facade.

There is no setback requirement for structures located more than 15 feet away from the required setback line.
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Chapter 17.46 Multi-Unit Dwelling Objective Design Standards 74 Figure 17.46-1
Side and Rear Walls Adjacent to Existing Residential Uses

B. Entries, Stairwells. Eligible projects shall comply with the following entry and stairway standards.

1. Residential Entries. Residential units that are not adjacent to the street shall have front entries that are oriented to common areas such as paseos, courtyards, parking areas, and active landscape areas.

2. Entryway Design. Street facing entries shall be accentuated by a minimum of one of the following:
a. A change in roof pitch or form, such as a gable, that extends a minimum of one foot past the sides of the door jamb;
b. An increase in roof height of at least one foot to accentuate the entry; or c. Wood, stone, tile, or brick accent materials covering a minimum of 30 percent of the entryway wall surface area, inclusive of windows and doors.

3. Exterior Stairwells. Exterior stairwells shall not be oriented to the street. For safety and security, exterior stairwells shall face interior spaces, such as plazas and gathering areas, parking areas, and pedestrian pathways and shall not be separated from these areas by landscaping, fences, or walls taller than three feet.

4. Entry Connection. All structure entries shall be connected to a public sidewalk by a pedestrian walkway a minimum of five feet in width.
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75 5. Garage Doors. For projects containing five or more units, garage doors shall not face a public street(s) but may be oriented toward an alley or a private street/driveway that is internal to the project.

Figure 17.46-2
Garage Door Orientation, Project with Five or More Units

6. Commercial/Office Units. Commercial/Office unit entrances shall face the street, a parking area, or an interior common space.

7. Residential Units. Residential units in a mixed-use development shall be located on the upper floors of any elevation that faces a public street with residential access provided through a separate entry along each street frontage or a single entry at the corner.

C. Parking and Circulation. Eligible projects shall comply with the following parking and circulation standards.

1. Vehicular Circulation. All parking areas shall be internally connected and shall use shared driveways within the development.

2. Corner Parcel Parking Location. Projects located on corner parcels shall locate parking facilities to the side or rear of the parcel (opposite the side facing the street).

3. Parking Facility Screening. Parking areas, both covered and uncovered, shall be screened from all public street frontages by incorporating evergreen landscaping or a planted earth berm with a minimum height of three feet.

4. Parking Areas Adjacent to Structures. Parking areas adjacent to residential structures shall be separated by a walkway a minimum of five feet in width and a landscape strip a minimum of seven feet in depth.
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Chapter 17.46 Multi-Unit Dwelling Objective Design Standards 76 5. Parking Space Location. Parking spaces shall be located a minimum of 15 feet from any curb cut entering the parcel to provide adequate ingress/egress. The distance shall be measured from the property line to the first parking space.

6. Carports. Carports shall be painted with the approved color palette for the project.

7. Pedestrian Circulation. All structures, entries, facilities, amenities, and parking areas shall be internally connected with pedestrian pathways. Pedestrian pathways shall connect to the public sidewalk along each street frontage. Pedestrian pathways shall be separated from roads and parking areas by a physical barrier, such as a grade-separation, of six inches or more or a raised planting strip.

8. Parking Area Landscaping. Uncovered parking areas shall provide minimum of one 15- gallon size tree for every six consecutive parking stalls. Trees shall be provided in tree wells with a minimum interior size of six feet by six feet.

9. Parking Facing a Public Street. For all parking facing a public street, including surface parking, carports, and garages, but excluding underground parking and parking located behind structures, the total width of parking visible from the street shall not exceed 50 percent of any public street frontage. For corner lots, this standard shall only apply to the primary street frontage.

Figure 17.46-3
Example Parking Area

D. Lighting. Eligible projects shall comply with the following lighting standards.

1. Lighting Type and Color. All exterior lighting shall use light emitting diodes (LEDs) with a maximum color temperature of 3,500 kelvins.
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Article 4 – Standards for Specific Uses Chapter 17.46
77 2. Lighting Required. All entryways, porch areas, pathways, and gates shall include lighting for safety and security.

3. Lighting Required. All structures, entries, parking areas, refuse enclosures, active outdoor/landscape areas, and pedestrian pathways shall be illuminated from one-half hour before dusk until one-half hour after dawn.

4. Parking Fixture Height. The maximum height of parking lot light fixtures shall not exceed 15 feet when abutting a residential development. Otherwise, the parking lot light fixtures shall be a maximum of 20 feet.

5. Lighting Spill. Lighting shall be fully shielded, directed downward (not above the horizontal plane), and shall not spill onto or be directed toward adjacent properties.

Figure 17.46-4
Lighting Design

E. Utility and Service Areas. Eligible projects shall comply with the following utility and service standards.

1. Screening. All exterior mechanical and electrical equipment shall be incorporated into the design of the structure or screened from public view using walls, fencing, or landscaping.

Mechanical or electrical equipment includes, but is not limited to, roof-mounted equipment, air conditioners and condensers, utility meters, irrigation control valves, electrical transformers, utility meters, cable, and telephone equipment.

2. Refuse Enclosures. Trash, recycling, organic waste, and green waste bins and dumpsters shall be consistent with fire and building codes and shall be housed in a covered refuse enclosure with a gate that screens the trash receptacles. Sizing of the enclosures shall conform to solid waste provider requirements.
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Chapter 17.46 Multi-Unit Dwelling Objective Design Standards 78 3. Refuse Enclosure Materials and Colors. Refuse enclosures shall be constructed of the same primary wall material and color as the most adjacent building within the development.

4. Refuse Enclosure Access. Refuse enclosures shall have both a vehicular access gate with a concrete apron, and a pedestrian entrance. Gates shall be opaque. Access shall conform to solid waste provider requirements.

F. Open Space. Eligible projects shall comply with the following open space standards.

1. Private Open Space. All dwelling units in a project shall include private open space in compliance with the following:
a. Private open space shall be provided in the form of a private yard, porch, balcony, roof garden, or patio.
b. Private open space shall be contiguous to the dwelling unit it serves. c. Private open space located at ground level shall be a minimum of 120 square feet in area with a minimum dimension of 10 feet in width and depth. d. Private open space located above ground level shall be a minimum of 60 square feet in area with a minimum dimension of six feet in width and depth.

2. Common Open Space. All projects shall include common outdoor open space in compliance with the following:
a. Projects shall provide common outdoor open space with amenities in accordance with Paragraph 3, below, and Table 17.46-1 (Outdoor Amenities). b. Common outdoor open space shall be unobstructed, accessible to all residents of the structure it serves, and shall have no dimension less than 10 feet in any direction.
c. Internal courtyards and common areas shall be visible from the street, parking areas, pedestrian pathways, and/or interior structure entries. d. Paved areas shall not exceed 50 percent of the required front or street side setback area.

3. Outdoor Amenities. Projects shall provide outdoor amenities according in compliance with Table 17.46-1 (Outdoor Amenities). Required amenity areas may be combined into a single area if the minimum requirements for each amenity area are met within the combined area.
a. Passive Amenities. Passive amenities include community gardens, outdoor gathering/seating area, picnic/barbeque area, pet area/dog park, or courtyard/ 265
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Article 4 – Standards for Specific Uses Chapter 17.46
79 plaza. Each passive amenity area shall include a minimum seating capacity of one for each 10 units and at least one of the following: trellis, gas fire pit, BBQ, or picnic table.
b. Active Amenities. Active recreation amenities include playgrounds, tot lots, sport court or field, outdoor fitness area, swimming pool, exercise structure or complex, clubhouse with associated kitchen, recreation hall, or community room.

Table 17.46-1
Outdoor Amenities
Number of Units in
Project
Required Passive Recreational
Amenities
Required Active Recreational
Amenities
2-10 2 with a minimum area of 200 sq. ft. total 0
11-30 2 with a minimum area of 300 sq. ft. total 1 with a minimum area of 500 sq. ft. total 31-60 2 with a minimum area of 400 sq. ft. total 2 with a minimum area of 800 sq. ft. total 61-100 2 with a minimum area of 500 sq. ft. total 2 with a minimum area of 1,000 sq. ft. total 101+ 2 with a minimum area of 600 sq. ft. total 2 with a minimum area of 1,500 sq. ft. total

17.46.050 Architectural Design
A. Massing and Articulation. Eligible projects shall comply with the following massing and articulation standards.

1. Maximum Structure Length. Structures shall not exceed 200 feet in length on any façade.

2. Horizontal Articulation. Horizontal (or depth) articulation refers to the structure modulation by stepping a portion(s) of the façade forward or backward from the predominant structure plan façade. At least one of the following features shall be integrated into the project design:
a. Variations in wall plane with a minimum façade break of four feet in width, and two feet in depth for every 30 feet of façade length;
b. Vertical elements such as pilasters, that protrude a minimum of one foot from the wall surface and extend the full height of the structure; c. Step back the ground floor a minimum of two feet; or d. Projections of recession every 30 linear feet with a minimum width of two feet, a minimum height of eight feet, and a minimum depth of two feet. 266
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Chapter 17.46 Multi-Unit Dwelling Objective Design Standards 80 3. Vertical Articulation. Vertical (or height) articulation refers to the modulation of a structure by stepping a portion(s) of the façade upward or downward from the predominant structure height. All the following features shall be integrated into structure design:
a. Rooflines shall be vertically articulated at a minimum of 40-foot intervals along the street frontage with a change in height a minimum of two feet; b. Rooflines shall include architectural elements such as parapets, varying cornices, clerestory windows, gables, or dormers; and
c. In structures with four or more floors, the top floor(s) of the structure shall be set back a minimum of five feet from the remainder of the façade.

B. Façade Design. Eligible projects shall comply with the following façade design standards.

1. Façade Transparency. At least 60 percent of the ground floor, street facing walls of nonresidential units shall include transparent window or door glazing between two and 10 feet in height from grade, providing unobstructed views into the non-residential space. Where it is infeasible to provide glazing, such as a parking garage, trash room, mechanical room, or electrical room, landscaping with a minimum dimension of 18-inches in depth and a width equivalent to 70 percent of the wall shall be provided to soften the appearance of a blank wall on the ground floor.
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Article 4 – Standards for Specific Uses Chapter 17.46
81 Figure 17.46-5
Façade Transparency

2. Blank Walls. To avoid the appearance of blank walls, street facing, and publicly visible walls shall incorporate a minimum of one of the follow features:
a. A change in contrasting color or material a minimum of every 30 feet; b. Bay windows, box windows, or other similar projecting windows that project a minimum of one foot from the structure façade a minimum of every 15 feet; c. Above-ground balconies located a minimum of one every 30 feet on each floor; d. Horizontal or vertical reglets, or stucco control joints located a minimum of one every 30 feet (horizontal or vertical); or
e. Horizontal or vertical accent lines that project a minimum of two inches from the structure façade a minimum of every 20 feet.

C. Colors and Materials. Eligible projects shall comply with the following color and material standards.

1. Colors. Structures shall have a color palette that consists of at least two body colors and two accent colors (not including roof color). Projects with two or more residential structures shall include a minimum of two-color palettes and shall not use a single color palette on more than 70 percent of the residential structures. Stone, brick, and rock facades shall not be painted.
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Chapter 17.46 Multi-Unit Dwelling Objective Design Standards 82 2. Primary Wall Finish Material. The primary wall finish covering the largest percentage of surface of any structures face or elevation shall be wood, stone brick, stucco, or fiber cement or other cementitious material. T1-11 siding, and all grooved or patterned wood panels or composite wood siding are prohibited.

3. Wrap Around Materials. Exterior finish materials shall wrap structure corners and terminate at an inside corner or logical termination point, such as structure trim.

D. Windows and Doors. Eligible projects shall comply with the following window and door standards.

1. Windows and doors shall include a trim with a minimum width of four inches and shall protrude from the wall plane a minimum of three-quarters of an inch. Stucco-textured foam trim molding shall be allowed only on the second floor or above.

2. In lieu of exterior window trim, windows can be recessed from the wall plane by a minimum of three inches.

E. Fences and Walls. Eligible projects shall comply with the following fence and wall standards.

1. Allowed Fence and Wall Materials. Acceptable wall and fence materials include masonry, brick, wrought iron, or other tubular metal materials, and wood (excluding plywood or other composite panels less than five-eighths inches thick). Chain link, barbed wire/concertina wire, and electric fencing is prohibited.

2. Wall Variation Required. To minimize long, uninterrupted walls, the design of the structure shall include a minimum of one of the following:
a. Walls facing a public street shall have variations in wall plane with a minimum break of six feet in width, and two feet in depth for every 50 feet of wall length; b. Walls shall incorporate a trim cap and shall incorporate decorative pillars at minimum distance every 30 feet.

3. Pedestrian Connections. Where walls are located adjacent to a street frontage, a minimum of one pedestrian connection along each street frontage shall be provided. Where such connection is provided, a minimum opening of 15 feet in width or twice the height of the wall shall be provided, whichever is less. Gates are not required. 269
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Chapter 17.48
Single-Unit Dwelling Design
Standards
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Chapter 17.48 Single-Unit Dwelling Design Standards
84 Chapter 17.48 Single-Unit Dwelling Design Standards
(Reserved)

17.48.010 Reserved
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Chapter 17.50
Alcohol Beverage Sales Uses
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Chapter 17.50 Alcohol Beverage Sales Uses
86 Chapter 17.50 Alcohol Beverage Sales Uses

17.50.010 Purpose
The purpose of this Chapter is to protect and promote the public health, safety, comfort, convenience, prosperity, and general welfare of the City by setting standards for all retail activity which includes the sale or dispensing of alcoholic beverages for of on-sale liquor or off-sale liquor. Uses that involve the sale or dispensing of alcoholic beverages may possess certain characteristics that have the potential to cause deleterious effects and nuisances on surrounding neighborhoods and businesses, especially when alcohol beverage sales are concentrated in proximity. To ensure that establishments operate in a manner that is mutually beneficial to surrounding uses and to also provide a mechanism to prevent and correct any associated problems, the following special regulations shall apply.

17.50.020 Applicability
A. Conditional Use Permit Requirement. Businesses seeking to sell or dispense alcoholic beverages for either on-site or off-site consumption, whether as a new, altered, or expanded use, shall obtain a Conditional Use Permit for alcohol beverage sales pursuant to this chapter.

B. New or Expanded Use. A Conditional Use Permit in compliance with this chapter shall be required for:

1. Any proposed new establishment that wishes to engage in alcohol beverage sales as defined in Chapter 17.120 (Definitions) of this Code;

2. Any existing establishment that requests to modify its alcohol or business license type(s);

3. Any existing establishment that requests to reinstate their ABC license from the California Department of Alcohol Beverage Control after an expiration or revocation;

4. Any existing establishment that requests to extend their hours of alcohol sales, or expand their floor area for retail sales of alcohol. An existing business that expands their floor area for non-alcohol-related retail sales is allowed to retain the conditions of their existing Conditional Use Permit in relation to alcohol requirements. Should a business not comply with the strict application of the regulations provided for in this Chapter, said improvements shall be made prior to commencing the sale of alcoholic beverages.

Violation of these standards at any time may result in the revocation of a Conditional Use Permit.

C. Exemptions. This Chapter does not apply to the following: temporary uses issued a Temporary License by the California Department of Alcoholic Beverage Control and established in compliance with all City laws and ordinances.
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Article 4 – Standards for Specific Uses Chapter 17.50
87 D. The Planning Commission shall take into consideration the Police Chief’s determination based upon quantifiable information, that the proposed use:

1. Will be a detrimental to the public health, safety, comfort, or welfare of persons located within 500 feet of the site; or

2. Will significantly increase the severity of existing law enforcement or public nuisance problems in the area (i.e., increase in service calls related to public intoxication nuisance, vagrancy, loitering).

17.50.030 Modifications to Existing Businesses
A modification to an existing Alcohol Beverage Sales business increasing the floor ratio for alcohol sales shall not be permitted when a condition exists that has caused or resulted in repeated activities that are harmful to the health, peace, or safety of persons residing or working in the surrounding area. In this Section, the term “increasing the floor area ratio” also includes adding outdoor dining.

17.50.040 Location Standards for New Businesses
The location restrictions listed in this Chapter apply to new establishments and shall also apply to existing establishments that must obtain a Conditional Use Permit in compliance with this Chapter due to proposed expansion or improvement of an existing use that is currently operating prior to the effective date of this Chapter. The restrictions shall not apply if the proposed expansion or improvement is only with respect to a necessary maintenance or repair or bringing the existing establishment into compliance with current building codes, including but not limited to the California Building Code, the California Fire Code, California Plumbing Code, and the California Electrical Code, as may be amended and any local amendments thereto.

A. New On-Sale. In over concentrated census tracts, where findings for Public Convenience or Necessity are required for an On-sale ABC License, no new ABC licenses shall be allowed within 500 feet of the property line of a school, daycare facility, or place of assembly.

B. New Off-Sale. In over concentrated census tracts, where findings for Public Convenience or Necessity are required for an Off-sale ABC Licenses the following limitations shall apply:

1. Not more than two of different business type/use within 500 feet of each other shall be permitted (i.e., grocery store, convenience store);

2. Not more than two of the same land use within 1,000 feet of each other shall be allowed (i.e., convenience store, convenience store).

3. No new off-sale ABC licenses shall be allowed within 1,000 feet of a school, daycare facility, or place of assembly.
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Chapter 17.50 Alcohol Beverage Sales Uses
88 17.50.050 Operational Standards
The following standards of operation shall constitute conditions of approval for Conditional Use Permits under this chapter and include, but are not limited, to:

A. Lighting. The exterior of the premise, including adjacent public sidewalks and all parking lots under the control of the establishment, shall be illuminated during all hours of darkness during which the premises are open for business in a manner so that persons standing in those areas at night are identifiable by law enforcement personnel. However, required illumination shall be placed and/or shielded in a way that minimizes interference with the neighboring residences.

B. Litter and Graffiti. __

1. Trash and recycling receptacles shall be provided by public entrances and exits from the building.

2. The owner or operator shall provide for daily removal of trash, litter, and debris from premises and on all abutting sidewalks within 20 feet of the premises.

3. The owner or operator shall remove graffiti within 48 hours.

C. Vending Machines. External snack vending machines are prohibited.

D. Video Surveillance.

1. Establishments must equip a fully functional color digital video camera system.

2. The system must continuously record, store, and be capable of playing back images and be fully functional at all times, including during any hours the business is closed. The system must be maintained in a secured location inside of the business.

3. The system shall have the correct date and time stamped onto the image at all times.

4. The camera storage capacity should be for at least 14 days. Such cameras must be capable of producing a retrievable and identifiable image than can be made a permanent record and that can be enlarged through projection or other means.

5. If using a digital video recorder, it must be capable of storing no less than 14 days of realtime activities.

6. The system shall be capable of producing a CD or digital playback feature and may be provided to an authorized representative of the Kerman Police Department within 24 hours of the initial request relating to a criminal investigation only.

7. The interior of the business must have at least one camera placed to focus on each cash register transaction to include the clerk as well as the customer waiting area. 275
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Article 4 – Standards for Specific Uses Chapter 17.50
89 8. There shall be four exterior cameras placed to record activities in the primary customer parking areas of their business. These cameras should be of sufficient quality to be able to identify persons and or vehicles utilizing the business parking lot.

9. All interior cameras shall record in color.

10. All exterior cameras shall record in color and have automatic low light switching capabilities to black and white. Exterior cameras should be in weatherproof enclosures and located in a manner that will prevent or reduce the possibility of vandalism.

E. Loitering and Other Nuisance Activities. The operation of the business shall not result in criminal activity or repeated nuisance activities on the property, which may include, but are not limited to, repeated disturbances of the peace, illegal drug activity, public drunkenness, drinking in public, alcoholic beverage and tobacco sales to minors, harassment of passerby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, loitering, excessive littering, graffiti, illegal parking, excessive loud noises (especially in the late night or early morning hours), traffic violations, curfew violations, lewd conduct, or other violations of City, State, or federal laws, especially when contributing to a high rate of police reports and arrests to the area. This section shall not apply to operators where offenses are the result of third party conduct beyond the operators' control.

F. Training. The owners and all employees of a business who are involved in the sale of alcoholic beverages must complete approved course(s) in training of liquor sales and handling within sixty days after approval of the Conditional Use Permit becomes final, or for employees hired after the approval of the Conditional Use Permit, within sixty days from the date of hire. To satisfy this requirement, a certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service (CCC/RBS) or other certifying or licensing body designated by the State of California.
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Chapter 17.50 Alcohol Beverage Sales Uses
90 17.50.060 Signs
A. The provisions specified under Chapter 17.30 (Sign Regulations), and this section shall apply to signage for Conditional Use Permits in compliance with this Chapter. Where conflicts may occur between the provisions of Chapter 17.30 (Sign Regulations) and this section, the more restrictive provision shall govern.

B. The following copy is required to be prominently posted in a readily visible manner on the business site:

1. "California State Law Prohibits the Sale of Alcoholic Beverages to Persons Under 21 Years of Age."

2. "No Loitering is Allowed On or In Front of These Premises."

3. "No Open Alcoholic Beverage Containers are Allowed on These Premises." (Off-sales only) C. No more than 15 percent of the total window and clear door shall be obstructed by advertising, signs, or other obstructions of any sort.

1. Signage, advertising, or other obstructions inside or outside the business that are not physically attached to the windows or doors, but are visible from a public thoroughfare, sidewalk, or parking lot in the same manner as if they were physically attached is included in the 15 percent limitation.

2. Any signage required by law shall not count towards the 15 percent limitation, but shall nonetheless follow rules related to visual obstruction.

3. Advertising and signage on windows and clear doors shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the business, including the area in which the cash registers are maintained, from exterior public sidewalks, parking lots, or entrance to the business.

4. No off-sale ABC business shall advertise alcohol sales in a manner visible from the outside of the establishment, such as from a public thoroughfare, sidewalk, or parking lot.

5. Displays of alcoholic beverages, freestanding advertising structures of any kind such as cardboard floor stands, or other free-standing signs shall be prohibited within ten feet of consumer entrance points, shall not be visible from the exterior of the establishment, and shall be prohibited on the exterior of the establishment.

D. All other signage shall adhere to the requirements in Chapter 17.30 (Sign Regulations) of this Code.

All permanent on-building signage associated with Alcohol Beverage Sales businesses shall be LED pan channel letters or of equal or better quality.
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Title 17 – Zoning Code
Article 5 – Nonconformities
Table of Contents
CHAPTER 17.60 GENERAL NONCONFORMING PROVISIONS ............................................................ 2

17.60.010 Purpose and Intent.................................................................................................................... 2

17.60.020 Applicability ............................................................................................................................... 2

17.60.030 Determination, Establishment, and Proof of Legal Nonconforming Status.............................. 2

17.60.040 Continuation, Maintenance, and Repair................................................................................... 3

17.60.050 Termination of Nonconformities............................................................................................... 3 CHAPTER 17.62 NONCONFORMING PARCELS ................................................................................... 8

17.62.010 Use of Legal Nonconforming Parcels......................................................................................... 8

17.62.020 Expansion and Continuance ...................................................................................................... 8

17.62.030 Subdivision of Legal Nonconforming Parcels............................................................................ 8

17.62.040 Merger of Nonconforming Parcels............................................................................................ 8 CHAPTER 17.64 LEGAL NONCONFORMING USES ............................................................................ 10

17.64.010 Continuation of Legal Nonconforming Uses ........................................................................... 10

17.64.020 Expansion or Modification of Legal Nonconforming Uses...................................................... 10 279
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Article 5 – Nonconformities City of Kerman Zoning Code
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Chapter 17.60
General Nonconforming
Provisions
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Chapter 17.60 General Nonconforming Provisions
2 Chapter 17.60 General Nonconforming Provisions

17.60.010 Purpose and Intent
A. Purpose. This Article provides standards for the continuance, maintenance, and repair of nonconformities under specific circumstances and limiting reconstruction and reestablishment of nonconformities. These nonconforming parcels, structures, and uses may continue or be discontinued in compliance with the standards and regulation of this Article.

B. Intent. The standards and regulations in this Article are intended to:

1. Limit the number and extent of nonconformities existing at the time of adoption of this Zoning Code or created by the adoption of this Zoning Code;

2. Limit the extent to which nonconforming parcels, structures, and uses are altered, enlarged, expanded, reestablished, and/or continued; and

3. Ensure that nonconformities do not create any health, life, and/or safety issues.

17.60.020 Applicability
A. The standards established in this Article apply to all nonconforming parcels, structures, or uses that were lawfully permitted and established before the adoption or amendment of this Zoning Code, but which would be prohibited, regulated, or restricted under the terms of this Zoning Code as it is adopted today.

B. This Article shall not apply to any parcel, structure, or use established in violation of the adopted Zoning Code, unless the use or structure presently conforms with the provisions of this Zoning Code.

17.60.030 Determination, Establishment, and Proof of Legal Nonconforming Status A. Property Owner’s Responsibility. The property owner has the burden to provide evidence of a legal nonconformity and the related protected status that comes with legal nonconformity as specified in this Article. Said evidence may include, but is not limited to, a legally procured land use entitlement from the city, business license, certificate of occupancy, or utility billing records.

B. Director’s Determination. The Director shall determine legal nonconformities in compliance with the following:
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Article 5 – Nonconformities Chapter 17.60
3 1. Application and Property Owner Request. The property owner shall submit sufficient evidence to the Director justifying that the nonconformity was legally established and, therefore, subject to the protected status specified in this Article.

2. Considerations for Approval. The Director shall consider the city and County of Fresno records and the evidence provide by the property owner and decide as to the legality of the nonconformity and the available protections provided by this Article.

3. Appeals. The Director’s determination of legal nonconformity may be appealed by the property owner(s) in compliance with Chapter 17.114 (Appeals).

17.60.040 Continuation, Maintenance, and Repair
A. A legal nonconformity (i.e., parcel, structure, use) may be maintained and continued with customary maintenance and repair without any expansion or enlargement of area, space, or volume. A legal nonconformity may be maintained provided that no structural alterations shall be made to structural supporting members (e.g., bearing wall, column, beam, girder, rafter, joist, etc.), except as required for health and safety as determined by the Chief Building Official.

B. Resumption of a legal non-conforming use; once a nonconforming use converts to a conforming use it shall not resume the nonconforming use.

C. A legal nonconforming use shall not expand operations beyond what was originally considered.

17.60.050 Termination of Nonconformities
A. Destroyed or Deteriorated Nonconformities. Destroyed or deteriorated nonconformities shall comply with the following:

1. Fifty Percent of Less. Whenever a structure does not conform to the regulations or development standards of the zone in which it is located, and that structure is damaged by fire, an act of God, or public enemy to the extent that 50 percent or less of the floor area is lost, as determined by the Building Division, then the structure may be restored and the nonconforming use resumed, provided that the restoration is started within six months and completed within 18 months from the time the damage is sustained.

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Chapter 17.60 General Nonconforming Provisions
4 2. Fifty-one Percent or More. Whenever 51 percent or more of the floor area of a structure is destroyed in a manner described in Paragraph 1, above, the structure shall not be restored or reconstructed except in full compliance with the regulations and development standards for the zone in which it is located. Any nonconforming use located within the structure prior to its destruction shall not be allowed to resume operation in that location.

Single-unit dwellings shall be exempt from this provision.

B. Abandoned and Vacated Nonconformities. Abandoned and vacated legal nonconformities, including those which have ceased or been discontinued shall comply with the following:

1. Nonconforming Use. If a legal nonconforming use ceases or is discontinued for a continuous period of 12 months or more, its legal nonconforming status is lost, and the continued use of the property shall be in full compliance with all the applicable provisions of this Zoning Code.

2. Use of a Nonconforming Structure. If the use of a nonconforming structure ceases or is discontinued for a continuous period of 12 months or more, its legal nonconforming status is lost, and the structure shall be removed or altered to conform to all applicable provisions of this Zoning Code.

3. Cessation or Discontinuance. A nonconforming use or structure shall be considered ceased or discontinued when any of the following occur:
a. A business license is no longer active due to cancellation, non-renewal, or expiration for a period of 12 months;
b. Utility services have been terminated through cancellation, non-renewal, or failure to pay for services for a period of 12 months;
c. Abandonment of the use, despite the owner's or occupant's intent; d. Discontinuance of a use regardless of intent to resume the use; e. A new conforming use is established through the proper entitlements and permits; f. The intent of the owner to cease or discontinue is apparent, as determined by the Director; or
g. Where characteristic furnishings and equipment associated with the use are removed and not replaced with equivalent furnishings and equipment, and where normal occupancy and/or use is no longer evident.

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Article 5 – Nonconformities Chapter 17.60
5 4. Single-Unit Dwellings Exemption. Single-unit dwelling uses shall be exempt from the standards and regulations established in this Section. Any addition or expansion to a singleunit dwelling shall be in conformance with current development standards, including height, setbacks, parking, and lot coverage requirements. 285
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Chapter 17.60 General Nonconforming Provisions
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Chapter 17.62
Nonconforming Parcels
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Chapter 17.62 Nonconforming Parcels
8 Chapter 17.62 Nonconforming Parcels

17.62.010 Use of Legal Nonconforming Parcels
A nonconforming parcel that does not comply with the applicable area, depth, or width, requirements of this Zoning Code is a legal parcel if it meets at least one of the following criteria, as documented to the satisfaction of the Director:

A. Approved Subdivision. The parcel was created by a recorded subdivision; B. Individual Parcel Legally Created by Deed. The parcel is under single ownership and was legally created by a recorded deed before the effective date of the provision which made the parcel nonconforming;
C. Variance. The parcel was approved through a Variance Permit. In which case the parcel shall be allowed to continue in compliance with the conditions imposed by the Variance Permit.

17.62.020 Expansion and Continuance
A legal nonconforming parcel shall be allowed to develop under the provisions of this Zoning Code and shall not be further subdivided or altered unless required by law.

17.62.030 Subdivision of Legal Nonconforming Parcels
A subdivision of land (i.e., lot line adjustment, final, parcel, or tentative map) shall not be approved that would increase the nonconformity of an existing parcel or any nonconforming use on the parcel.

17.62.040 Merger of Nonconforming Parcels
Nonconforming contiguous parcels held by the same owner shall be merged if one or more of the parcels does not conform to the minimum parcel size to allow use or development in compliance with Government Code Section 66451.11.
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Chapter 17.64
Legal Nonconforming Uses
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Chapter 17.64 Legal Nonconforming Uses
10 Chapter 17.64 Legal Nonconforming Uses

17.64.010 Continuation of Legal Nonconforming Uses
The continuance of a legal nonconforming use is allowed subject to the following:

A. Additional Development. Additional development of any property on which a nonconforming use exists shall require that all new uses and structures comply with all applicable provisions of this Zoning Code.

B. Change of Ownership. Change of management, ownership, or tenancy of a nonconforming use shall not affect its nonconforming status; provided, the use and intensity of use, as determined by the Director, does not change the intensity of the nonconformity.

C. Conversion of a Nonconforming Use. If a nonconforming use is converted to a conforming use, no nonconforming use may be resumed.

17.64.020 Expansion or Modification of Legal Nonconforming Uses Any expansion or modification of a legal nonconforming use shall only be allowed in compliance with all applicable provisions of this Zoning Code.
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Title 17 – Zoning Code
Article 6 – Permit Processing
Procedures
Table of Contents
CHAPTER 17.70 GENERAL PROVISIONS ............................................................................................. 2

17.70.010 Purpose and Intent.................................................................................................................... 2

17.70.020 Permits, Procedures, and Actions............................................................................................. 2

17.70.030 Additional Permits May Be Required ........................................................................................ 4 CHAPTER 17.72 APPLICATION PROCESSING PROCEDURES ............................................................... 6

17.72.010 Application................................................................................................................................. 6

17.72.020 Additional Information.............................................................................................................. 6

17.72.030 Fees............................................................................................................................................ 6 CHAPTER 17.74 ZONING CLEARANCE .............................................................................................. 10

17.74.010 Purpose.................................................................................................................................... 10

17.74.020 Applicability ............................................................................................................................. 10

17.74.030 Review and Decision................................................................................................................ 10 CHAPTER 17.76 REASONABLE ACCOMMODATION ......................................................................... 12

17.76.010 Purpose.................................................................................................................................... 12

17.76.020 Applicability ............................................................................................................................. 12

17.76.030 Application Filing, Processing, and Review ............................................................................. 13

17.76.040 Findings and Decision.............................................................................................................. 14

17.76.050 Conditions of Approval............................................................................................................ 14

17.76.060 Revocation of Approval and Discontinuance .......................................................................... 14 CHAPTER 17.78 HOME OCCUPATION PERMIT ................................................................................ 18 292
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Article 6 – Permit Processing Procedures City of Kerman Zoning Code ii

17.78.010 Purpose.................................................................................................................................... 18

17.78.020 Application............................................................................................................................... 18

17.78.030 Actions by Director.................................................................................................................. 18

17.78.040 Appeals.................................................................................................................................... 18

17.78.050 Conditions of Approval............................................................................................................ 19

17.78.060 Revocation and Modification .................................................................................................. 19 CHAPTER 17.80 SITE PLAN REVIEW PERMIT .................................................................................... 22

17.80.010 Purpose.................................................................................................................................... 22

17.80.020 Applicability ............................................................................................................................. 22

17.80.030 Building Permit Required ........................................................................................................ 23

17.80.040 Application Filing and Contents............................................................................................... 23

17.80.050 Findings and Decision.............................................................................................................. 24

17.80.060 Appeals.................................................................................................................................... 25

17.80.070 Site Plan Approval Acceptance Agreement............................................................................. 26 CHAPTER 17.82 ADMINISTRATIVE USE PERMIT .............................................................................. 28

17.82.010 Purpose and Intent.................................................................................................................. 28

17.82.020 Applicability ............................................................................................................................. 28

17.82.030 Review Authority..................................................................................................................... 28

17.82.040 Application Filing, Processing, and Review ............................................................................. 28

17.82.050 Findings and Decision.............................................................................................................. 29

17.82.060 Conditions of Approval............................................................................................................ 29

17.82.070 Noticing and Public Hearing .................................................................................................... 30

17.82.080 Appeal Procedures .................................................................................................................. 30

17.82.090 Permit to Run with the Land ................................................................................................... 30

17.82.100 Modifications to an Approved Permit..................................................................................... 30 CHAPTER 17.84 CONDITIONAL USE PERMIT.................................................................................... 32

17.84.010 Purpose.................................................................................................................................... 32

17.84.020 Application............................................................................................................................... 32 293
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Article 6 – Permit Processing Procedures City of Kerman Zoning Code iii

17.84.030 Actions..................................................................................................................................... 32

17.84.040 Decision ................................................................................................................................... 33

17.84.050 Appeals.................................................................................................................................... 33

17.84.060 Conditions of Approval............................................................................................................ 33

17.84.070 Lapse of Conditional Use Permit............................................................................................. 34

17.84.080 Renewal of Conditional Use Permit ........................................................................................ 35

17.84.090 Revocation or Modification..................................................................................................... 35 CHAPTER 17.86 TEMPORARY USE PERMIT ...................................................................................... 38

17.86.010 Purpose.................................................................................................................................... 38

17.86.020 Applicability ............................................................................................................................. 38

17.86.030 Application............................................................................................................................... 38

17.86.040 Uses and Activities................................................................................................................... 38

17.86.050 Ineligible Temporary Uses....................................................................................................... 40

17.86.060 Revocation and Modification .................................................................................................. 40

17.86.070 Permit Renewal ....................................................................................................................... 40 CHAPTER 17.88 VARIANCE PERMIT ................................................................................................. 42

17.88.010 Purpose.................................................................................................................................... 42

17.88.020 Application Filing ..................................................................................................................... 42

17.88.030 Action by the Commission....................................................................................................... 42

17.88.040 Action ...................................................................................................................................... 43

17.88.050 Appeals.................................................................................................................................... 43

17.88.060 Conditions of Approval............................................................................................................ 43 CHAPTER 17.90 MINOR DEVIATION PERMIT ................................................................................... 46

17.90.010 Application............................................................................................................................... 46

17.90.020 Review and Action................................................................................................................... 46 CHAPTER 17.92 DEVELOPMENT AGREEMENTS ............................................................................... 48

17.92.010 Purpose and Intent.................................................................................................................. 48

17.92.020 Authority ................................................................................................................................. 48 294
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Article 6 – Permit Processing Procedures City of Kerman Zoning Code iv

17.92.030 General Plan Consistency ........................................................................................................ 48

17.92.040 Application............................................................................................................................... 48

17.92.050 Review and Approval............................................................................................................... 49

17.92.060 Commission Hearing................................................................................................................ 49

17.92.070 Council Hearing ....................................................................................................................... 49

17.92.080 Initiation of Amendment or Cancellation................................................................................ 50

17.92.090 Recordation of Agreement...................................................................................................... 50

17.92.100 Review of Agreement.............................................................................................................. 50 CHAPTER 17.94 PERMIT AMENDMENTS, MODIFICATION, AND REVOCATION ............................. 52

17.94.010 Amendments to Approved Permits......................................................................................... 52

17.94.020 Grounds for Revocation or Modification ................................................................................ 53

17.94.030 Modification of Permits........................................................................................................... 53

17.94.040 Initiation .................................................................................................................................. 53

17.94.050 Public Hearing Requirements.................................................................................................. 53

17.94.060 Hearings................................................................................................................................... 54

17.94.070 Appeal...................................................................................................................................... 54

17.94.080 Hearing by Council................................................................................................................... 54 CHAPTER 17.96 DEVELOPMENT PLAN REVIEW PERMIT ................................................................. 56

17.96.010 Purpose.................................................................................................................................... 56

17.96.020 Applicability ............................................................................................................................. 56

17.96.030 Building Permit Required ........................................................................................................ 57

17.96.040 Application Filing and Contents............................................................................................... 57

17.96.050 Action ...................................................................................................................................... 58

17.96.060 Resolution for Decision ........................................................................................................... 59

17.96.070 Appeals.................................................................................................................................... 59

17.96.080 Conditions of Approval............................................................................................................ 60

17.96.090 Development Standards.......................................................................................................... 61

17.96.100 Lapse of Development Plan Permit......................................................................................... 61 295
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Article 6 – Permit Processing Procedures City of Kerman Zoning Code v

17.96.110 Revocation or Modification..................................................................................................... 61 CHAPTER 17.98 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PROCEDURES ................... 64

17.98.010 Purpose.................................................................................................................................... 64

17.98.020 Applicability ............................................................................................................................. 64

17.98.030 Administration......................................................................................................................... 64

17.98.040 Exemptions.............................................................................................................................. 64

17.98.050 Environmental Review............................................................................................................. 65

17.98.060 Review Authority for the CEQA Finding .................................................................................. 66

17.98.070 Application and Payment of Fees............................................................................................ 66 296
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Chapter 17.70
General Provisions
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Chapter 17.70 General Provisions
2 Chapter 17.70 General Provisions

17.70.010 Purpose and Intent
This Chapter establishes the overall structure for the application, processing, review, and action on permit applications and identifies and describes those permits and other approvals required by this Zoning Code.

17.70.020 Permits, Procedures, and Actions
A. Zoning Clearance. A Zoning Clearance shall be required for all structures identified, erected, constructed, altered, or moved within or into any zone established by this Zoning Code, or for any use or activity which requires a Building Permit. No Building Permit shall be issued until a Zoning Clearance has been obtained from the Director, and any other necessary permits required by this Zoning Code and Municipal Code have been issued and have become effective. A Zoning Clearance shall not be required when another development permit has already been required.

B. Administrative Use Permit. An Administrative Use Permit shall be obtained for any of the uses that require an Administrative Use Permit as established in Article 2 (Zones Allowable uses, and Development Standards). The Director may impose such conditions as deemed necessary to uphold the purposes and intent of this Zoning Code and may require tangible guarantees or evidence that such conditions are being, or will be, complied with.

C. Conditional Use Permit. A Conditional Use Permit shall be obtained for any of the uses that require such a permit as established in Article 2 (Zones Allowable uses, and Development Standards). The Commission or Council may impose such conditions as they deem necessary to uphold the purposes and intent of this Zoning Code and may require tangible guarantees or evidence that such conditions are being, or will be, complied with.

D. Development Agreement. A Development Agreement allows larger scale and long term development projects that provide benefits to the City to be allowed to have some guarantees and commitments from the City provided that the development provides commitments and guarantees to the City in return. A Development Agreement shall be governed by the provisions of Government Code Section 65865.
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Article 6 – Permit Processing Procedures Chapter 17.70
3 E. Development Plan Review Permit. ___

1. The Development Plan Review Permit and process are intended to allow the use of special design criteria for maximum utility of a site and to allow maximum design flexibility within the density limitations provided in Chapter 17.18 (Combining Zones). Residential developments with a Combined Zone are encouraged to implement variations from normal zoning standards. Through the Development Plan process, special design standards may be established which regulate the subdivision rather than the typical standards of the base zone district.

2. All developments in a Combined Zone District shall be subject to the requirements established in Chapter 17.96 (Development Plan Review Permit) The Commission or Council may impose such conditions as they deem necessary to uphold the purposes and intent of this Zoning Code and may require tangible guarantees or evidence that such conditions are being, or will be, complied with.

F. Site Plan Review Permit. The Site Plan Review Permit and process are intended to ensure that proposed developments are reviewed for their design, compatibility with surrounding uses, and conformity with the provisions of this Title and the General Plan. The Development Review Committee, and affected public agency representatives may impose conditions as deemed necessary to secure the purposes of this Zoning Code and may require tangible guarantees or evidence that the conditions are being, or will be, complied with.

G. Variance Permit. A Variance Permit may be granted in conjunction with another permit, such as Conditional Use Permit or Site Plan Review Permit, to prevent unnecessary hardships that would result from the strict or literal interpretation and enforcement of certain regulations prescribed by this Code. A Variance Permit is intended in those situations where the strict interpretation of the Code may result in practical difficulty or unnecessary hardship due to the size, shape, or dimensions of a site or the location of existing structures thereon, from geographic, topographic, or other physical conditions on the site or in the immediate vicinity. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.

H. Minor Deviation Permit. A Minor Deviation Permit may be granted, upon written request, as an administrative matter by the Director and subject to conditions that may be imposed. A Minor Deviation Permit may be issued with another permit, such as Conditional Use Permit, Site Plan Review Permit, Building Permit, or Zoning Clearance, to prevent unnecessary hardships that would result from the strict or literal interpretation and enforcement of certain regulations prescribed by this Code.
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Chapter 17.70 General Provisions
4 I. Temporary Use Permit. A Temporary Use Permit for a term period not to exceed 12 consecutive months may be issued for any of the uses for which this Title requires the permits. The Director may issue a Temporary Use Permit as an administrative function and may impose conditions as deemed necessary to uphold the purposes of this Zoning Code and may require tangible guarantees or evidence that the conditions are being, or will be, complied with.

J. Home Occupation Permit. A Home Occupation Permit may be issued for certain uses in a residential zone so long as this use is consistent with the definition, operation, and appearance of a home occupation.

17.70.030 Additional Permits May Be Required
A land use on property that complies with the permit requirement or exemption provisions of this Zoning Code shall also comply with the permit requirements of other Municipal Code provisions and any permit requirements of other agencies before construction or use of the property is commenced. All necessary permits shall be obtained before starting work or establishing a new use. Nothing in this Zoning Code shall eliminate the need to obtain any permits required by any other Municipal Code provisions, or County, regional, State, or Federal regulations.
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Chapter 17.72
Application Processing
Procedures
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Chapter 17.72 Application Processing Procedures
6 Chapter 17.72 Application Processing Procedures

17.72.010 Application
Before a planning permit is processed, the applicant shall submit a completed application form and pay the application fee. The Director shall determine the application form and its contents.

17.72.020 Additional Information
The Director, other city officials, affected public agency representatives, Commission, or City Council may require an applicant to submit additional information necessary to ensure compliance with Local, State, or Federal laws; process an application; interpret this Title, or to decide regarding the issuance of a permit.

17.72.030 Fees
A. The rates and fees for zoning related activities, permits, and violations shall be set in the Master Fee Schedule as adopted by resolution of the City Council which may include but are not limited to:

1. Zoning clearance letters;

2. Site plan reviews;

3. Development plan review;

4. Development agreements

5. Administrative use permit;

6. Conditional use permit;

7. Variance permit;

8. Minor deviation permit

9. Temporary use permit;

10. Modification and revocation of planning permits;

11. Ordinance text amendments and rezones;

12. Appeals; and

13. Any other planning permit as required by this Code.

B. The Director shall review the fee schedule and recommend fee adjustments as deemed necessary. 303
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Chapter 17.74
Zoning Clearance
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Chapter 17.74 Zoning Clearance
10 Chapter 17.74 Zoning Clearance

17.74.010 Purpose
Zoning Clearance is the procedure used by the City to verify that a proposed land use or structure complies with the list of uses allowed in the applicable zone and the development standards applicable to the use or structure.

17.74.020 Applicability
A Zoning Clearance shall be required for all structures identified, erected, constructed, altered, or moved within or into any zone established by this Code, or for any use or activity which requires a Building Permit.

A zoning clearance shall not be required when the Building Permit was issued via the approval of another planning permit e.g. site plan review, conditional use permit, or development plan.

17.74.030 Review and Decision
No Building Permit shall be issued until a Zoning Clearance has been obtained from the Planning Division, and any other necessary permits required by this Title have been issued and have become effective. 307
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Chapter 17.76
Reasonable Accommodation
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Chapter 17.76 Reasonable Accommodation
12 Chapter 17.76 Reasonable Accommodation

17.76.010 Purpose
This Chapter provides a procedure to request Reasonable Accommodation for persons with disabilities seeking equal access to housing under the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act (ADA) (referred to in this Chapter as the Acts) in the application of zoning laws and other land use regulations, policies, and procedures. A Reasonable Accommodation is typically an adjustment to physical design standards (e.g., setbacks) to accommodate the placement of wheelchair ramps or other exterior modifications to a dwelling in response to the needs of a disabled resident.

17.76.020 Applicability
A. Eligible Applicants. The following persons may submit a request for Reasonable Accommodation.

1. A request for Reasonable Accommodation may be made by any person with a disability, their representative, or any entity, when the application of a zoning law or other land use regulation, policy, or practice acts as a barrier to fair housing opportunities.

2. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having this type of impairment, or anyone who has a record of this type of impairment. Also see other disabilities covered under the Acts.

B. Eligible Requests. Requests for Reasonable Accommodations shall comply with the following.

1. A request for Reasonable Accommodation may include a modification or exception to the practices, rules, and standards for the development, siting, and use of housing or housingrelated facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

2. A request for Reasonable Accommodation shall comply with Section 17.76.030 (Application Filing, Processing, and Review), below.
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Article 6 – Permit Processing Procedures Chapter 17.76
13 17.76.030 Application Filing, Processing, and Review A. Application. An application for a Reasonable Accommodation shall be filed and processed in compliance with Chapter 17.72 (Application Processing Procedures). The application shall include the information and materials specified in the most up-to-date application handout for Reasonable Accommodation applications, together with the required fee in compliance with the Fee Schedule.

B. Filing with Other Land Use Applications. If the project involves both a request for Reasonable Accommodation and some other discretionary approval (e.g., Conditional Use Permit), the applicant shall file the information required by Subsection A (Application), above, together with the materials required for the other discretionary approval.

C. Responsibility of the Applicant. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.76.040 (Findings and Decision), below.

D. Review Authority. The Review Authority for Reasonable Accommodation applications shall be as follows.

1. Director. A request for Reasonable Accommodation shall be reviewed, and a decision shall be made by the Director if no other discretionary approval is required or submitted for concurrent review.

2. Other Review Authority. A request for Reasonable Accommodation submitted for concurrent review with another discretionary land use application shall be reviewed (and approved or denied) by the Review Authority reviewing the discretionary land use application.

E. Review Procedures. Reasonable Accommodations applications shall be reviews as follows.

1. Director’s Review. The Director shall make a written decision and either approve, conditionally approve, approve with modifications, or deny a request for Reasonable Accommodation in compliance with Section 17.76.040 (Findings and Decision), below.

2. Other Review Authority. The written decision on a Reasonable Accommodation application shall be made by the Review Authority responsible for reviewing the discretionary land use application in compliance with the applicable review procedure for the discretionary review. The decision to approve, conditionally approve, approve with modifications, or deny the request for Reasonable Accommodation shall be made in compliance with Section 17.76.040 (Findings and Decision), below.
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Chapter 17.76 Reasonable Accommodation
14 17.76.040 Findings and Decision
The decision to approve, conditionally approve, approve with modifications, or deny a request for Reasonable Accommodation shall be based on consideration of all of the following factors:

A. Whether the housing, which is the subject of the request, will be used by an individual defined as disabled under the Acts;
B. Whether the request for Reasonable Accommodation is necessary to make specific housing available to an individual with a disability under the Acts; C. Whether the requested Reasonable Accommodation would impose an undue financial or administrative burden on the City;
D. Whether the requested Reasonable Accommodation would require a fundamental alteration in the nature of a City program or law, including, but not limited to, land use and zoning; E. Whether there are potential health and safety or environmental impacts on surrounding uses; F. Whether physical attributes of the property and structures necessary reasonable accommodation; and
G. Whether alternative Reasonable Accommodations may provide an equivalent level of benefit.

17.76.050 Conditions of Approval
In approving a request for Reasonable Accommodation, the Review Authority may impose conditions of approval deemed reasonable and necessary to ensure that the Reasonable Accommodation will comply with the findings required by Section 17.76.040 (Findings and Decision), above.

17.76.060 Revocation of Approval and Discontinuance
A. Revocation. An approval or conditional approval of an application made in compliance with this Chapter may be conditioned to provide for its revocation or automatic expiration under appropriate circumstances (e.g., the disabled individual vacates the subject site), unless allowed to remain in compliance with Subsection B (Discontinuance), below.

B. Discontinuance. The following standards shall apply to Reasonable Accommodation applications.

1. A Reasonable Accommodation shall lapse if the exercise of rights granted by it is discontinued for at least 180 consecutive days.

2. If the person(s) initially occupying a residence vacates, the Reasonable Accommodation shall remain in effect only if the Review Authority first determines that:
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Article 6 – Permit Processing Procedures Chapter 17.76
15 a. The modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with this Zoning Code; or b. The accommodation is to be used by another qualifying individual with a disability.

3. The Review Authority may request the applicant or the successor(s)-in-interest to the property to provide documentation that subsequent occupants are qualifying persons with disabilities. Failure to provide the documentation within 10 days of the date of a request by the Review Authority shall constitute grounds for discontinuance by the City of a previously approved Reasonable Accommodation.
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Chapter 17.76 Reasonable Accommodation
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Section 5, Item E.

Chapter 17.78
Home Occupation Permit
314
Section 5, Item E.

Chapter 17.78 Home Occupation Permit
18 Chapter 17.78 Home Occupation Permit

17.78.010 Purpose
This Chapter intends to allow for home occupations if their effects on residential neighborhoods are undetectable from the usual residential activity and that the activities are not detrimental to the residential character of the neighborhood in which they are located.

17.78.020 Application
A Home Occupation Permit is required to establish a home-based business operation as identified in Section 17.40.040 (Home Occupation). The Home Occupation Permit shall be issued by the Director who may establish reasonable conditions to mitigate potential adverse impacts. An application for a Home Occupation Permit shall be in a form prescribed by and filed with the Division. The application shall be complete and appropriate fees paid at the time of filing. No Business License shall be issued to the applicant by the Finance Department until the Home Occupation Permit is approved and issued by the Division.

17.78.030 Actions by Director
A. The Director shall review Home Occupation Permit applications and approve, approve with conditions, or deny the Permit in compliance with the criteria for home occupations specified in Section 17.40.040 (Home Occupation).

B. The Director shall mail a notice to all property owners within 100 feet of the property line advising them of a request for a Home Occupation Permit. Residents within the 100-foot notice shall be given 10 days to submit comments regarding the Home Occupation permit application request.

The Director may consider written comments from affected property owners as part of the final decision on the Home Occupation Permit request.

C. The Director shall prepare a home occupation agreement specifying the conditions of the Home Occupation Permit.

17.78.040 Appeals
The decision of the Director may be appealed to the Commission in compliance with the procedures established in Chapter 17.114 (Appeals).
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Article 6 – Permit Processing Procedures Chapter 17.78
19 17.78.050 Conditions of Approval
The Director may add conditions to the home occupation to protect the public’s health, safety, or welfare, or meet the intent of this Title and the General Plan. The Director is hereby authorized and directed to enforce the provisions of all administrative Home Occupation Permits authorized by this Section. Annual inspections may be made of each Home Occupation Permit to ensure compliance with the regulations established by this Section. In the event of complaints allegedly resulting from the conduct of a home occupation, the Code Enforcement Officer shall cause to be inspected to determine the validity of the complaint.

17.78.060 Revocation and Modification
A Home Occupation Permit may be revoked or modified in compliance with Chapter 17.94 (Permit Modification and Revocation).
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Section 5, Item E.

Chapter 17.78 Home Occupation Permit
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Section 5, Item E.

Chapter 17.80
Site Plan Review Permit
318
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Chapter 17.80 Site Plan Review Permit
22 Chapter 17.80 Site Plan Review Permit

17.80.010 Purpose
The purpose of the Site Plan Review Permit is to provide a process that enables the Director to make necessary findings that are in conformity with the City’s General Plan, applicable Specific Plan, Municipal Code and other applicable plans, standards, and policies, as determined by the Development Review Committee, the Director or when deemed necessary and desirable, by the Commission. More specifically, a Site Plan Review Permit is necessary to enable the Director, other City officials, and public agencies to ensure the following:

A. The proposed development is in conformance with the General Plan, Zoning Code, Building Code, and any other applicable Municipal Code standards;
B. New, expanded, or changed uses of property are regulated to ensure that the structures, parking areas, walks, landscaping, infrastructure improvements, street improvements, and other forms of development are properly related to the proposed sites and surrounding sites and structures; C. Prevent adverse impacts, unsightly, or hazardous site development for adjacent properties; D. Encourage quality in site design and development in a manner which will enhance the physical appearance and attractiveness of the community; and
E. Provide expeditious review of environmental impact assessments as may be required by official policy of the City.

F. The Director will be responsible for the coordination of the Site Plan Review Permit process with input from the Development Review Committee. It is the intent that the Site Plan Review Permit process be implemented with a cooperative spirit between project proponents and the City.

Further, it is recognized that the size or nature of a project may necessitate a meeting of the project proponent, affected City department representatives, and applicable review agencies to review the proposal.

17.80.020 Applicability
A. The provisions of this Chapter shall apply to the following activities within the jurisdiction of the City:

1. Any person applying for a Building Permit for a multi-unit dwelling; commercial, office, industrial or quasi-public building; mobile home or recreational vehicle park; public building; place of assembly; placement of or other new construction not specifically exempted by this chapter.
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Article 6 – Permit Processing Procedures Chapter 17.80
23 2. All expansions of an existing structure that increases the square footage or size of a structure by 30 percent or more, not specifically exempted by this chapter.

B. The provisions of this Chapter shall not be applicable to the following activities:

1. The construction, expansion, alteration, or refurbishment of a detached single-unit dwelling upon an R-1 Zone District property, to include improvements such as pools, walkways, decks, fences, patio covers, accessory structures, and landscaping.

2. Any alteration or improvement of a structure, except for changes in building occupancy classification that result in an intensification to a site or site modification.

3. Any new construction, or alteration or expansion of a site, occurring within a Combined Zone District consistent with an approved Development Plan, unless otherwise required.

17.80.030 Building Permit Required
A. Before a Building Permit is issued for any building or structure that is subject to site plan review, the Director shall determine that the proposed structure conforms with the approved site plan.

B. The City Engineer shall determine that all required dedications have been recorded; a letter has been furnished by the applicant from all appropriate utilities that all necessary utilities will be installed in compliance with the City standards; and all off-site improvements (within the City rightof-way) have provided appropriate improvement security, the as a bond, cash deposit or instrument of credit.

C. Before a certificate of occupancy is issued, the Building Official shall determine if all the applicable conditions of the site plan approval have been complied with.

17.80.040 Application Filing and Contents
The applicant shall submit sets of prints of the site plan to the Planning Division, in the amount and format as deemed necessary by the Director. The site plan shall be drawn to scale and shall be accompanied by a completed site plan application form. The site plan shall indicate the following information:

A. Location of the proposed project;
B. Parcel dimensions;
C. A site plan, drawn to scale, showing the dimensions of the perimeter of the location, area, and proposed use of all structures;
D. Architectural elevations of each side of the proposed structure(s) showing all openings, exterior finishes, original and finish grades, stepped footing outline, and roof pitch; 320
Section 5, Item E.

Chapter 17.80 Site Plan Review Permit
24 E. A colors and materials board of all structures, walls, and fences; F. A floor plan, drawn to scale, showing the dimensions of each room, and the resulting floor area.

The use of each room shall be identified, and the size and location of all windows and doors shall be clearly shown.

G. Fully dimensioned setbacks and space between structures; H. Off-street parking and loading, including the location, number of spaces, dimensions of the parking area, and the internal circulation pattern;
I. Pedestrian, vehicular, and service vehicle access; points of ingress and egress; J. Signs; location, size, and height;
K. Exterior lighting indicating the direction of illumination, type of luminaire, and hooding or shielding devices;
L. Street dedications and improvements;
M. Preliminary drainage plan including direction of natural drainage courses and drainage improvements;
N. Preliminary landscaping plan;
O. Fire protection equipment and improvements as required by the Fire Department; P. Other data may be required by other sections of this Title or as necessary to permit the Director to make the required findings.

17.80.050 Findings and Decision
A. Within 30 days after the first submittal for a Site Plan Review Permit, the Director shall determine whether the application submittal is complete or incomplete. The applicant shall be noticed in writing the completeness determination of the Site Plan Review submittal.

B. An application for a Site Plan Review Permit which requires an environmental determination other than a categorical exemption or is processed concurrent with another discretionary entitlement shall be considered and approved by the Commission.

C. When, in the opinion of the Director, the Site Plan Review Permit application submitted is of significant consequence or magnitude or involves potential public controversy, the Director may refer said application to the Commission for review and action.

D. Applications for Site Plan Review Permit which do not require action by the Commission may be processed and approved by the Director. The Director shall disperse plans to affected City departments and agencies and coordinate the review process. 321
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Article 6 – Permit Processing Procedures Chapter 17.80
25 E. The Director shall approve, approve with conditions, or deny the site plan based on compliance with the requirements of this Section. In approving the Site Plan Review Permit, the Director shall find that:

1. The proposed development complies with the General Plan, Zoning Code, and other applicable provisions of the Kerman Municipal Codes;

2. New, expanded, or changed uses of property are arranged to ensure that the structures, parking areas, walks, landscaping, infrastructure improvements, street improvements, and other forms of development will not create an adverse effect on surrounding structures or properties;

3. The proposed development prevents adverse impacts, unsightly, or hazardous site development for adjacent properties;

4. The proposed signs will not by size, location, or lighting interfere with traffic or limit visibility;

5. The proposed development incorporates quality site design elements in a manner which will enhance the physical appearance and attractiveness of the community;

6. Certain conditions of approval are deemed necessary to protect the public health, safety and welfare of those working or living, on or adjoining to the proposed project; and

7. Provide expeditious review of environmental impact assessments as may be required by official policy of the City.

F. Notification to the applicant of approval, conditional approval, or disapproval of the application shall be provided in writing to the applicant and property owner. The Director’s decision shall be final unless appealed to the Commission in compliance with the procedures outlined in Chapter

17.114 (Appeals). The Director shall prepare a Site Plan Review Permit agreement that outlines the conditions of the Site Plan Review Permit. This agreement shall be signed and dated by the applicant, and property owner, and returned to the Division. A copy will be furnished to the applicant and one copy filed with the Building Division.,

17.80.060 Appeals
A. The applicant may appeal the Director’s decision to the Commission in compliance with the procedure outlined in Chapter 17.114 (Appeals).

B. The applicant may appeal the Commission’s decision to the City Council in compliance with the procedure outlined in Chapter 17.114 (Appeals). The decision of the City Council shall be final. 322
Section 5, Item E.

Chapter 17.80 Site Plan Review Permit
26 17.80.070 Site Plan Approval Acceptance Agreement
A. The City shall cause any person having a legal or equitable interest in real property located in the City to enter into a site plan approval acceptance agreement. The procedures and requirements to enter into this approval acceptance agreement are contained in this Chapter.

B. The conditions of a site plan approval acceptance agreement shall relate to the policies, standards, and improvement requirements of the City.

C. No later than 10 days upon receipt of the approved or conditional approval of a site plan and prior to applications for a Building Permit, the applicant and property owner shall execute an acknowledgment and acceptance of the terms and conditions of the site plan agreement with the City certifying such acceptance and agreement to be bound thereby. The burdens of this agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement.

D. The site plan approval acceptance agreement shall be void 12 months following the date on which approval became effective unless, prior to the expiration of one year, a Building Permit is issued by the Building Division and construction is commenced and diligently pursued toward completion of the site or structures which were the subject of the site plan. Approval may be extended for 12- month periods of time, upon written application to the Director before expiration of the approval.

E. The site plan approval acceptance agreement may be modified upon submittal of an application for modification of a Site Plan Review Permit. The Director shall administratively determine whether to approve, conditionally approve or deny said application for a modification. When the Site Plan Review Permit was approved as part of another discretionary permit, the original approving authority shall review and determine to approve, approve with conditions, or deny said modification.

F. A site plan approval acceptance agreement shall not prevent the City, in subsequent actions applicable to the property, from applying new regulations or policies which do not conflict with those regulations or policies to the property as contained in the agreement. 323
Section 5, Item E.

Chapter 17.82
Administrative Use Permit
324
Section 5, Item E.

Chapter 17.82 Administrative Use Permit
28 Chapter 17.82 Administrative Use Permit

17.82.010 Purpose and Intent
A. Purpose. The purpose of this Chapter is to provide a procedure for reviewing land uses that may be appropriate in the applicable zone, but whose effects on a site and surrounding area cannot be determined before being proposed for a specific site. Certain types of land uses may require special conditions in a particular zone or physical location within the City because they possess unique characteristics or present special problems that make automatic inclusion as allowed uses either impractical or undesirable due to potential and unforeseeable impacts to the surrounding area.

B. Intent. The Administrative Use Permit procedures are intended to streamline development review and entitlement process and provide sufficient flexibility in the use regulations to further the objectives of this Zoning Code and to provide the City with the opportunity to protect the integrity of areas of the City by imposing special conditions to mitigate potential impacts that could result from allowing the use(s) at the requested location.

17.82.020 Applicability
Approval of an Administrative Use Permit is required to establish any proposed land use identified in Article 2 (Zones Allowable uses, and Development Standards).as requiring and Administrative Use Permit.

17.82.030 Review Authority
The Director may approve, conditionally approve, or deny an Administrative Use Permit application based on compliance with the requirements of this section, unless otherwise restricted by State law. Development on a site shall comply with all applicable standards established in this Zoning Code and the Municipal Code.

17.82.040 Application Filing, Processing, and Review
A. An application for an Administrative Use Permit shall be filed and processed in compliance with Chapter 17.72 (Application Processing Procedures).

B. The application shall include the information and materials specified in the most up-to-date Division handout for Administrative Use Permit applications, together with the required fee in compliance with the Fee Schedule.

C. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.82.050 (Findings and Decision), below.
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Article 6 – Permit Processing Procedures Chapter 17.82
29 17.82.050 Findings and Decision
The Director shall approve or conditionally approve an Administrative Use Permit application if all the findings in this Section can be made. In the event the Director determines an application for an Administrative Use Permit does not comply with one of more of the findings established in this Section, the application shall be denied.

A. The proposed use is consistent with the General Plan, any applicable specific plan, and this Zoning Code;
B. The proposed use is allowed within the subject zone and complies with all other applicable provisions of this Zoning Code and the Municipal Code;
C. The design, location, size, and operating characteristics of the proposed use are compatible with the allowed uses in the vicinity;
D. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in proximity to the proposed use; and
E. The project site is:

1. Physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle (e.g., fire and medical) access, and public services and utilities or private water/septic public services if not required by zone;

2. Served by highways and streets adequate in width and improvement to carry the type and quantity of traffic the proposed use would likely generate; and

3. Served adequately by public water, sewer, and storm drainage facilities.

17.82.060 Conditions of Approval
When considering approval of an Administrative Use Permit, the Director may impose any conditions deemed reasonable and necessary to ensure that the approval will comply with the findings required by Section 17.82.050 (Findings and Decision), above.
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Chapter 17.82 Administrative Use Permit
30 17.82.070 Noticing and Public Hearing
A. There is no public hearing required for an Administrative Use Permit. The Director shall prepare a written decision that shall contain the findings of fact upon which such decision is based and conditions of approval, if any.

B. The Director shall notify the applicant and property owners within 150 feet of the proposed project in writing of the Director’s intended decision to approve or deny an Administrative Use Permit for the proposed project within 10 calendar days of the date the notification is mailed. (If the 10th day is a weekend or city holiday, the deadline is extended to the next working day). The Director may consider written comments from affected property owners as part of the final decision on the Administrator Use Permit.

17.82.080 Appeal Procedures
The applicant may appeals the Director’s decision within 10 calendar days of the decision, or if the 10th day is a weekend or City holiday, the deadline is extended to the next working day. Appeals shall be filed and processed in accordance with Chapter 17.114 (Appeals).

17.82.090 Permit to Run with the Land
An Administrative Use Permit approved in compliance with the provisions of this Chapter shall continue to be valid upon a change of ownership of the business, parcel, service, structure, or use that was the subject of the permit application in the same area, configuration, and manner as it was originally approved in compliance with this Chapter. .

17.82.100 Modifications to an Approved Permit
Modifications and changes to an approved Administrative Use Permit shall be requested and processed in compliance with Chapter 17.94 (Permit Modification and Revocation). 327
Section 5, Item E.

Chapter 17.84
Conditional Use Permit
328
Section 5, Item E.

Chapter 17.84 Conditional Use Permit
32 Chapter 17.84 Conditional Use Permit

17.84.010 Purpose
Because of their unusual characteristics, or the special attributes of the area in which they are to be located, certain uses in the City’s zones are allowed subject to the granting of a Conditional Use Permit. Conditional uses require special consideration so that they may be properly located concerning the objectives of this Title and their effect on surrounding properties.

17.84.020 Application
A. An application for an Conditional Use Permit shall be filed and processed in compliance with Chapter 17.72 (Application Processing Procedures).

B. The application shall include the information and materials specified in the most up-to-date Division handout for Conditional Use Permit applications, together with the required fee in compliance with the Fee Schedule.

17.84.030 Actions
A. Before setting a public hearing for the Commission on an application for a Conditional Use Permit, the Director shall first review the application to determine if it is complete. If the application is complete the Director shall fix the public hearing date at which the Conditional Use Permit will be considered and shall give public notice in compliance with Section 17.116.030 (Noticing Requirements for Permits), of the date, time, place, and project description. Before the public hearing, a staff report, environmental determination, and General Plan finding for the Conditional Use Permit shall be made available to the Commission, interested agencies, and the public.

B. The Commission shall hold a public hearing on the proposed Conditional Use Permit. At the public hearing, the Commission shall review and consider the testimony of the applicant, the public, representatives from other agencies, and city officials on the proposed Conditional Use Permit.

C. The public hearing shall be conducted in compliance with the rules and procedures specified in Chapter 17.116 (Public Notices and Hearings).

D. The Commission may approve a Conditional Use Permit as requested, or in a modified form, if, based on the application and the testimony submitted, the Commission can make the following findings:

1. The proposed establishment, maintenance, and operations of the use applied for will not be detrimental to the public health, safety, and welfare of the persons residing or working 329
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Article 6 – Permit Processing Procedures Chapter 17.84
33 in the neighborhood of the proposed use, or whether it will be injurious or detrimental to property and improvements in the neighborhood or the City;

2. The proposed use is consistent with the General Plan, Zoning Code, applicable Specific Plans, and other City policies or programs;

3. The environmental document is prepared in compliance with the California Environmental Quality Act (CEQA);

4. The site for the proposed use is adequate in size, shape, and location to accommodate the use as it relates to the zones for which the use is proposed.

17.84.040 Decision
A. The Commission, by resolution, may approve, approve with conditions, or deny without prejudice a Conditional Use Permit application based on compliance with the requirements of this Section.

The resolution shall describe the basis for the decision, including the findings contained in Section

17.84.030 (Actions), below.

B. The decision of the Commission shall be final unless appealed to the Council.

C. The Commission shall cause a copy of its resolution to be mailed to the applicant within 10 days from the adoption.

17.84.050 Appeals
A. Appeals to the Commission’s decision shall be made to the Council in compliance with Chapter 17.114 (Appeals).

B. Upon an appeal of the Commission’s action, the Council shall hold a public hearing. It shall review the proceedings held by the commission, and either affirm, deny, or modify the Commission’s decision. The decision of the Council shall be final.

17.84.060 Conditions of Approval
A. The Commission can approve a Conditional Use Permit subject to conditions to protect the public’s health, safety, and welfare. Conditions may include, but are not limited to, requirements involving the following development features and uses:

1. Setbacks, spaces, and buffers;

2. Fences and walls;

3. The enclosure of storage areas and limitation on the out-of-door display of merchandise; 330
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Chapter 17.84 Conditional Use Permit
34 4. Grading, surfacing, and drainage improvements;

5. Vehicular ingress and egress;

6. Regulation of signs;

7. Fire prevention equipment and measures;

8. Regulation of noise, vibration, odors, electrical discharge, or interference;

9. Regulation of lighting;

10. Street dedication and improvements;

11. Hours of Operation; and

12. Any other conditions deemed necessary to make development of the site conforming with the intent and purposes contained in this Title.

B. Conditions contained in a Conditional Use Permit can only be required to achieve the objectives of this Code. Conditions that require dedication of land for a purpose not related to the use of the property or the posting of a bond to guarantee the installation of public improvements not related to the use of the property shall be prohibited.

17.84.070 Lapse of Conditional Use Permit
A. A Conditional Use Permit shall lapse and become void 12 months from the date it became effective if the benefactor of the use is not operating within that time unless a lesser or greater time was prescribed by the resolution granting the permit or unless, before the expiration, the benefactor can demonstrate evidence of the use being in progress in the form of submittal for plan review of construction plans, procurement of a Building Permit issued by the Building Division, or commencement of construction for the purpose of operating the use.

B. A Conditional Use Permit shall lapse and become void if there is a discontinuance of the use for a continuous period of 12 months.

C. A Conditional Use Permit may become null and void if, both the property owner and the benefactor submit in writing to the Director their intent to extinguish allowed activities under the Conditional Use Permit. The Conditional Use Permit shall become null and void immediately without further notice.
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Article 6 – Permit Processing Procedures Chapter 17.84
35 17.84.080 Renewal of Conditional Use Permit
A. A Conditional Use Permit may be renewed for an additional 12 months or for a lesser or greater time as may be specified; provided, that a renewal application is filed with the Commission before the expiration of the time granted.

B. The Commission by resolution may approve, approve with conditions, or deny an application for the renewal of a Conditional Use Permit. The resolution shall describe the findings of the commission regarding the decision.

17.84.090 Revocation or Modification
A Conditional Use Permit may be revoked or modified in a manner specified in Chapter 17.94 (Permit Modification and Revocation).
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Chapter 17.84 Conditional Use Permit
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Chapter 17.86
Temporary Use Permit
334
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Chapter 17.86 Temporary Use Permit
38 Chapter 17.86 Temporary Use Permit

17.86.010 Purpose
The purpose of this Chapter is to allow for short-term, temporary activities for a limited duration of time that would be compatible with the subject site, and adjacent and surrounding uses when conducted in compliance with this Chapter.

17.86.020 Applicability
A. General. A Temporary Use Permit shall be required for land uses specified in Article 2 (Zones Allowable uses, and Development Standards).as requiring a Temporary Use Permit. Additionally, at the discretion of the Director, a Temporary Use Permit shall be required for any short-term, temporary activities that might not meet the normal development or use standards of the applicable zone but may otherwise be acceptable because of their temporary nature.

B. Conditionally Allowed Uses. Short-term, temporary land uses and activities that require the approval of a Conditional Use Permit in Article 2 (Zones Allowable uses, and Development Standards), shall be referred to the Commission for decision in compliance with Chapter 17.84 (Conditional Use Permit).

17.86.030 Application
A. An application for a Temporary Use Permit shall be filed and processed in compliance with Chapter

17.72 (Application Processing Procedures).

B. The application shall include the information and materials specified in the most up-to-date Division handout for Temporary Use Permit applications, together with the required fee in compliance with the Fee Schedule.

17.86.040 Uses and Activities
The following uses or activities are eligible for a Temporary Use Permit and may be processed as an administrative matter by the Director:

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Article 6 – Permit Processing Procedures Chapter 17.86
39 A. Sales of Christmas Trees. Outdoor sales of Christmas trees between November 15th and January 2nd of the next year provided a sales permit is obtained. The sales area shall be situated where adequate temporary parking is available and normal traffic flow and sight distances at intersections and driveways will not be impeded. All Christmas trees, signs, or other related structures shall be removed from the outdoor area no later than January 2nd.

B. Promotional Displays and Activities. Private promotional displays and activities including, but not limited to, amusement rides, street dances, concerts, live entertainment, and promotional outdoor displays; and sales may be conducted on property in commercial, mixed use, and industrial zones.

The activities shall be conducted only within the buildable portion of the parcel. Temporary signs on the site are allowed only with the approval of the Director, provided that a temporary sign permit is obtained, and all signs are removed within 24-hours of sales end. The sales area shall be situated where adequate temporary parking is available and normal traffic flow and sight distances at intersections and driveways will not be impeded.

C. Temporary Uses. The Director may authorize the temporary use of the property in any zone for a period not to exceed two consecutive weeks, and no more than two separate events in a calendar year at a single location for an exposition, concert, carnival, amusement ride, or place of assembly revival.

D. Temporary Sales or Construction Offices. A temporary modular office established to manage sales or construction of residential and non-residential parcels may be authorized in any zone.

Temporary signs are allowed subject to the approval of the Director.

E. Temporary Construction Structures. Temporary structures or trailers associated with construction projects for the housing of tools, equipment, building assembly operations, and supervisory offices in connection with major construction projects.

F. Temporary Outdoor Sales. Temporary outdoor sales and parking lot sales in association with an allowed business that is within an enclosed building that is located on the same parcel of record.

These outdoor sales shall not occur more than 14 days per calendar year.

G. Temporary Residences. The temporary use of a self-contained trailer or recreational vehicle as a dwelling unit for a period of up to 30 days.

H. Temporary Mobile Office Structure. Mobile office structures are allowed in any zone for no more than six months subject to the regulations contained in Section 17.40.060 (Mobile and Temporary Office Structures) of this Zoning Code. A Temporary Use Permit for a Mobile Office Structure may be renewed for one additional six-month period. Mobile Office Structures proposed for a period to exceed a year shall be subject to an Administrative Use Permit in compliance with Chapter 17.82 (Administrative Use permit).
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Chapter 17.86 Temporary Use Permit
40 17.86.050 Ineligible Temporary Uses
A. Garage, yard, estate sales at a single-unit or multi-unit dwelling residence; B. Mobile Food Vendors;
C. Outdoor sales and events on sidewalks.

17.86.060 Revocation and Modification
A Temporary Use Permit may be revoked or modified in a manner specified in Chapter 17.94 (Permit Modification and Revocation).

17.86.070 Permit Renewal
Approval of this use may be renewed for a period not to exceed six months. At their discretion, the Director may refer the application for a Temporary Use Permit to the Commission for action. 337
Section 5, Item E.

Chapter 17.88
Variance Permit
338
Section 5, Item E.

Chapter 17.88 Variance Permit
42 Chapter 17.88 Variance Permit

17.88.010 Purpose
Where practical difficulties, unnecessary hardships, and conditions inconsistent with the general purposes of this Title may result from the strict application of certain provisions of this Code, Variances may be granted as provided in this Chapter. The granting of any Variance and the conditions attached to the grant shall ensure that the Variance does not constitute a special privilege inconsistent with the limitations on other properties in the vicinity and zone in which the property is situated.

17.88.020 Application Filing
The applicant shall submit site plan print setsin the form and quantity as deemed necessary by the Director, and a completed Variance application form.

17.88.030 Action by the Commission
A. The Commission shall hold a public hearing on the proposed Variance Permit. At the public hearing, the Commission shall review and consider the testimony of the applicant, the public, representatives from other agencies, and City officials on the proposed Variance.

B. The public hearing shall be conducted in compliance with the rules and procedures specified in Chapter 17.116 (Public Notices and Hearings).

C. The Commission may grant an application for a Variance Permit as requested or in a modified form if, based on the application and the testimony submitted, the Commission can make the following findings:

1. Any Variance Permit granted shall be subject to the conditions as will ensure that the adjustment authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is situated.

2. Exceptional circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of the zoning law is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification.

3. The granting of the Variance Permit will not be contrary to the intent of this Title or the public safety, health, and welfare or injurious to other properties in the vicinity. 339
Section 5, Item E.

Article 6 – Permit Processing Procedures Chapter 17.88
43 4. A Variance has not been granted for use or activity which is not authorized by the zone regulations governing the parcel of property.

5. A Variance shall not be granted on economic grounds.

17.88.040 Action
A. The Commission by resolution may approve, approve with conditions, deny, or deny without prejudice a Variance Permit. The resolution shall describe the basis for the decision, including the findings contained in Section 17.74.030 (Actions).

B. The decision of the Commission shall be final unless appealed to the Council.

C. The Commission shall cause a copy of its resolution to be mailed to the applicant within 10 days from the adoption.

17.88.050 Appeals
A. Any person, including the Director, may appeal the Commission’s decision to the Council in compliance with the procedure specified in Chapter 17.114 (Appeals).

B. Upon appeal of the Commission’s action, the Councilshall hold a new public hearing. It shall review the proceedings held by the Commission, and either affirm, deny, or modify the Commission’s decision. The decision of the Council shall be final.

17.88.060 Conditions of Approval
A Variance Permit can be approved subject to the conditions. The conditions shall ensure that the Variance does not constitute a grant of special privileges and that the purpose and intent of this Zoning Code and the General Plan are met.
340
Section 5, Item E.

Chapter 17.88 Variance Permit
44 This page was intentionally left blank.
341
Section 5, Item E.

Chapter 17.90
Minor Deviation Permit
342
Section 5, Item E.

Chapter 17.90 Minor Modification Permit
46 Chapter 17.90 Minor Deviation Permit

17.90.010 Application
A Minor Deviation Permit may be granted, upon written request, as an administrative matter by the Director and subject to the conditions they may impose.

17.90.020 Review and Action
A. The granting of a Minor Deviation Permit shall not be subject to the notice or public hearing procedures specified in this Zoning Code.

B. A Minor Deviation shall be defined as a variance of 20 percent or less from zone standards specified in Article 2 (Zones, Allowable Uses, and Development Standards) of this Title, not including density but including parcel area, parcel dimensions, setback distance, parcel coverage, height limitations, parking requirements, or other zone standard requirements.

C. The Director shall prepare an administrative agreement approving, approving with conditions, or denying the request. A copy of this agreement shall be sent to the applicant within five working days of the decision. The decision of the Director is final unless appealed to the Commission in compliance with the procedures described in Chapter 17.114 (Appeals). 343
Section 5, Item E.

Chapter 17.92
Development Agreements
344
Section 5, Item E.

Chapter 17.92 Development Agreements
48 Chapter 17.92 Development Agreements

17.92.010 Purpose and Intent
A. The purpose of this Chapteris to ensure persons developing property in the City that upon approval of a development project, the persons may proceed with the project in compliance with existing policies, rules and regulations, and conditions that were applicable at the time of the project approval.

B. The intent is to allow larger scale and longer term development projects that provide benefits to the City be allowed to have some guarantees and commitments from the City provided that the development provides commitments and guarantees to the City in return.

17.92.020 Authority
Government Code Section 65865 provides that a city may enter into a development agreement with any person having a legal or equitable interest in real property for the development of the property.

17.92.030 General Plan Consistency
The development agreement shall be consistent with the General Plan, Zoning Code, and any applicable specific plan.

17.92.040 Application
A development agreement shall not be granted until an application has been submitted and approved. An application for a development agreement shall include the following:

A. Name and address of the agent, if applicable, and proof of authority of the agent to act for the property owner;
B. Name and address of property owner(s) and proof of interest in the property for which the development agreement is being applied;
C. Assessor’s parcel number;
D. Legal description;
E. A narrative description of the proposed development is as follows:

1. Project description,

2. Provisions for reservation or dedication of land for public purposes, 345
Section 5, Item E.

Article 6 – Permit Processing Procedures Chapter 17.92
49 3. Method of project financing,

4. Construction phasing,

5. Conditions, restrictions, or terms that will be attached to the development agreement.

17.92.050 Review and Approval
Approval of a development agreement shall require the approval of the Commission and Council. Where a discretionary permit or Zoning Map Amendment is required for the project in which the development agreement is to apply, the application may be considered part of that permit or Zoning Map Amendment request and reviewed and approved in conjunction with that permit or Zoning Map Amendment. A public hearing as specified in Chapter 17.116 (Public Notices and Hearings) shall be held when a development agreement is considered by the Commission or the Council.

17.92.060 Commission Hearing
The Commission shall hold a public hearing on the proposed development agreement. After the public hearing, which may be held in conjunction with other discretionary planning permits, the Commission shall make its recommendation in writing to the Council. The recommendation shall include the Commission’s determination whether the development agreement proposed:

A. Is consistent with the objectives, policies, general land uses, and programs specified in the General Plan and any applicable specific plan;
B. Is compatible with the uses authorized in, and the regulations prescribed for, the zone in which the real property is located;
C. Conforms with public convenience, general welfare, and good land use practice; D. Will not be detrimental to public health, safety, and general welfare. Will not adversely affect the orderly development of property;
E. Will provide sufficient benefit to the City to justify agreeing.

17.92.070 Council Hearing
A. The Council shall hold a public hearing on the proposed development agreement. It may accept, modify, or disapprove the recommendation of the Commission. The Council shall not approve the development agreement unless it adopts the findings contained in Section 17.92.060 (Commission Hearing), above, to support its action.
346
Section 5, Item E.

Chapter 17.92 Development Agreements
50 B. If the Council approves the development agreement, it shall do so by the adoption of an ordinance in compliance with Government Code Section 65867.5.

17.92.080 Initiation of Amendment or Cancellation
A development agreement may be amended, or canceled in whole or in part, by mutual consent of the parties to the agreement or their successors in interest. Notice of intention to amend or cancel any portion of the agreement shall be given in the manner provided by Section 65867. An amendment to an agreement shall be subject to the provisions of Section 65867.5.

17.92.090 Recordation of Agreement
A. Within 10 days after the City enters into the development agreement, the Director shall have the agreement recorded with the county recorder.

B. If the parties to the agreement or their successors in interest amend or cancel the agreement, or if the City terminates or modifies the agreement for the failure of the applicant to comply in good faith with the terms or conditions of the agreement the Director shall have notice of the action recorded with the county recorder.

17.92.100 Review of Agreement
The Directorshall review the development agreement at least once every twelve months from the date the agreement is entered into. The Director shall report the findings of their review to the Commission and Council. The time for review may be modified by agreement between the parties. 347
Section 5, Item E.

Chapter 17.94
Permit Amendment, Modification,
and Revocation
348
Section 5, Item E.

Chapter 17.94 Permit Amendment, Modification, and Revocation 52 Chapter 17.94 Permit Amendments, Modification, and
Revocation

17.94.010 Amendments to Approved Permits
The approval body which approved the entitlement, permit, or approval in questions (i.e., Director, Commission, Council) may modify any permit, approval, or entitlement by amending drawings and plans, and any conditions of approval imposed upon it.

A. Application.

1. A development or land use allowed through an Administrative Use Permit, Conditional Use Permit, Home Occupation Permit, Minor Deviation, Development Plan Review Permit, Sign Permit, Sign Program, Site Plan Review, Temporary Use Permit, or Variance shall be in substantial compliance with the approved drawings and plans, and any conditions of approval imposed by the review authority.

2. An applicant shall request desired changes in writing and shall also furnish appropriate supporting materials and an explanation of the reasons for the request.

3. Requested changes may involve changes to one or more conditions imposed by the review authority or actual changes to the project (i.e., hours of operation, expansion of a use) as originally proposed by the applicant or approved by the review authority.

4. Changes shall be approved before implementation of the changes and may be requested either before or after construction or establishment and operation of the approved use or development.

B. Notice and Hearing. If the matter originally required a notice public hearing, the review authority shall hold a public hearing, except for the minor Modification established in Subsection C of this section, and shall give notice, in compliance with Chapter 17.96.030 (Noticing Requirements for Permits).

C. Minor Modification. The Director may authorize minor modifications to an approved site plan, architecture, or the nature of the approved use only if the changes:

1. Are consistent with all applicable provisions of this Title and the spirit and intent of the original approval; and

2. Do not involve a feature of the project that was:
a. A basis for findings in a negative declaration or environmental impact report for the project;
349
Section 5, Item E.

Article 6 – Permit Processing Procedures Chapter 17.94
53 b. A basis for conditions of approval for the project; or c. A specific consideration by the reviewing authority (i.e., Director, Commission, Council) in granting the permit or approval.

D. Major Modification. Major changes include changes to the project involving features specifically described in subsection (C)(2) of this section and shall only be approved by the review authority through a new application or modification, processed in incompliance with this Title.

17.94.020 Grounds for Revocation or Modification
Any planning permit may be revoked if any of the following apply:

A. The planning permit was obtained by fraud;
B. One or more of the terms or conditions upon which a permit was granted has been violated; C. The use for which the permit was granted is conducted in a manner that is detrimental to the public health, safety, or welfare or that creates a nuisance.

17.94.030 Modification of Permits
Instead of revocation, the Director, Commission, or Council may modify any permit by amending existing or adding new conditions.

17.94.040 Initiation
The hearing to revoke or modify a permit may be initiated by order of the Commission or the Council, or at the request of the Director. The order shall contain the grounds for revocation or modification.

17.94.050 Public Hearing Requirements
The applicable review authority shall hold a public hearing to revoke or modify any permit or approval granted in compliance with the provisions of this Title. Before the date of any hearing to revoke or modify a permit, the Director shall:

A. Give notice of a public hearing no less than 10 days before the hearing; 350
Section 5, Item E.

Chapter 17.94 Permit Amendment, Modification, and Revocation 54 B. Serve a copy of the order and a written notice of the time and place of the hearing upon the person whose name and address appear as the owner of the premises on the latest tax roll of the County and upon the person in possession of the premises involved. Service of the notice and the order shall be made in the manner required by law for the service of a summons, or by registered or certified mail, postage prepaid;
C. Cause a copy of the order and a notice of the time and place of the hearing and a copy of the order to be sent to the public offices, departments, or agencies who, in the opinion of the Director, may be interested in the proceedings.

17.94.060 Hearings
A. Planning Commission. The Commission shall have authority over all permit revocations or modifications originally approved by the Commission. The Commission shall also have the authority to revoke any permit approved by the Director. Upon considering evidence and testimony presented at the public hearing, the Commission shall render its decision as to whether the permit should be revoked or modified.

B. Director. The Director has the discretion to modify, but not revoke, any permit originally approved by the Director. Modifications to planning permits granted by the Director shall not require a public hearing. The Director’s decision shall be final unless appealed to the Commission.

17.94.070 Appeal
Any person dissatisfied with the decision of the Director may appeal the decision to the Commission. Any person dissatisfied with the decision of the Commission may appeal the decision to the Council. All appeals must be submitted to the City Clerk within five working days after the decision was made.

17.94.080 Hearing by Council
Following the appeal of the Commission’s decision on the revocation or modification of a permit, the Council shall hold a public hearing on the revocation or modification action. Upon considering evidence and testimony presented at the public hearing, the Council shall render its decision as to whether the permit should be revoked or modified. The decision of the Council is final. 351
Section 5, Item E.

Chapter 17.96
Development Plan Review
Permit
352
Section 5, Item E.

Chapter 17.96 Development Plan Review Permit
56 Chapter 17.96 Development Plan Review Permit

17.96.010 Purpose
The purpose of the Development Plan Review Permit is to provide the City with a planning and design “tool” that can be used in assisting developments in Planned Development and Smart Development Combining Districts achieve comprehensive development that is superior to traditional development of the recent past by increasing walkability and connectivity while achieving the higher net density and preservation of open space goals set forth by the General Plan.

17.96.020 Applicability
A. An application for a Development Plan Review Permit shall be required for all proposed developments in a Combining Zone District.

B. The provisions of this subchapter shall apply to the following activities within the jurisdiction of the City:

1. Applicable Development Projects. A Development Pan Permit shall be required for all residential and non-residential development projects within a Combining Zone District.

2. Development Plan Review Permit Precedes Building or Grading Permits. For projects proposed within a Combining Zone District, a Building or Grading Permit shall not be issued until the Development Plan Review Permit has been approved in compliance with this Chapter.

3. Activities Only Allowed in Base Zoning District. A Development Plan Review Permit shall not authorize a land use activity that is not allowed in the base zoning district.

C. Modify Standards. The Development Plan Review Permit may adjust or modify, where necessary and justifiable, all applicable development standards (i.e., parcel coverage, structure height, setbacks, fence and wall heights, landscaping, open space) identified in this Zoning Code, with the exception of an increase in the applicable General Plan density.

1. If public dedicated streets are used, then the total area of all streets within the property shall be subtracted from the gross area of the property. The net area remaining shall be divided by the minimum size parcel area required by the underlying zone. The quotient shall be the number of dwelling units allowed.

2. If all the streets and roadways are private, then the gross area of the property shall be divided by the minimum size parcel area required by the underlying zone. The quotient shall be the number of dwelling units allowed.
353
Section 5, Item E.

Article 6 – Permit Processing Procedures Chapter 17.96
57 3. If a combination of public and private streets is used, then only that total area of all public streets shall be subtracted from the gross area of the property. The net area remaining shall be divided by the minimum size parcel area required by the underlying zone. The quotient shall be the number of dwelling units allowed.

D. Development Plan Review shall comply with Chapter 17.46 (Multi-Unit Dwelling Objective Design Standards), Chapter 17.48 (Single-Unit Dwelling Design Standards), and any other development guidelines adopted by resolution of the City Council.

Kerman City CouncilMay 22, 2024

Kerman City Council
May 22, 2024