6. A home occupation may involve the performance of business services in which goods, wares and merchandise are not commercially created, sold or exchanged, but shall 211
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not include, medical offices, tattoo parlors, fortune tellers, palm readers, beauty salons, barber shops or similar services.
7. A home occupation shall not involve the performance of any repair services on the premises other than the repair of small appliances and equipment or other small objects which normally are capable of being carried by one person without the aid of mechanical equipment or devices.
8. A home occupation shall not involve the use of any material or mechanical equipment not recognized as being part of normal household or hobby uses.
9. No motor power other than electrically-operated motors shall be used in connection with a home occupation.
10. A home occupation shall not create any radio or television interference or noise audible beyond the walls of the dwelling.
11. There shall be no external alteration of the appearance of a dwelling in which a home occupation is conducted in order to accommodate or enhance the home occupation.
12. The existence of a home occupation shall not be apparent beyond the boundaries of the site except for one non-illuminated name plate affixed to the dwelling not exceeding two square feet in area.
13. Except for short-term rentals, the number of customers of a home occupation who travel to the site of the home occupation shall not exceed four persons per day unless permission is specifically granted through a condition imposed by the planning commission and/or city council. In no case shall the number of customers of a home occupation who travel to the site of the home occupation exceed eight persons per day.
14. Not more than one truck of not more than one ton capacity and no trailers incidental to a home occupation shall be kept on the site unless permission is specifically granted through a condition imposed by the planning commission and/or city council.
15. The planning commission and/or city council may impose other conditions deemed necessary to make the home occupation compatible with the neighborhood.
16. To assure compliance with these standards and any other conditions of approval, a home occupation shall be subject to review by staff six months after issuance of a permit, with annual review thereafter.
17. The holder of a home occupation permit must obtain and maintain a valid city of Kingsburg business license. If the business license is revoked or is not renewed in a timely 212
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manner, the home occupation permit shall be suspended and revoked in accordance with the procedure outlined in Section 17.56.010 G. Once revoked, the home occupation cannot be established again without application for a new permit.
C. Application. An application for a home occupation shall be submitted to the planning and development department on a form prescribed by the department, accompanied by the processing fee specified by city resolution. The application shall provide information about the applicant's home and about the proposed business. The applicant must sign the form, verifying that the home occupation, if approved, will comply with the standards listed in subsection B and/or subsection H of this section. The applicant must sign the form, verifying that the home occupation, if approved, will comply with the standards listed in subsection B and/or subsection H of this section. An application for a home occupancy permit for a short-term rental shall identify only one short-term rental property. An applicant shall not operate more than one short-term rental property at any time. An application for a home occupancy permit for a shortterm rental located in a single-family residential zone district shall be denied if a home occupancy permit for a short-term rental is in effect for a short-term rental located within a one-half mile radius of the short-term rental identified in the application.
The planning and development director or his/her designee shall review the application and determine whether the proposed business use meets the standards of subsection B and/or subsection H of this section, the objectives of the zoning ordinance, and the purpose of the zone district in which it is located. If so, the application will be accepted for processing.
If the application is accepted, public notices will be prepared for mailing to the owners of all properties within three hundred (300) feet of the location of the proposed home occupation based on assessor's parcel records. The notice will include information about the application and an invitation for interested persons to comment by contacting the planning and development department. The comment period will remain open for a period of fourteen (14) days following mailing of the notices.
D. Administrative Approval. If any negative comment is received about the proposed home occupation during the comment period, or if the planning and development director or designee makes the independent determination that the proposal could possibly cause significant impacts to the surrounding neighborhood, the application will 213
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be referred to the planning commission. If no negative comment is received and if it is determined that the proposal will not have significant neighborhood impact, when the comment period ends the application will be approved and a home occupation permit issued.
E. Planning Commission Hearing. If it is determined that a hearing must be held before the planning commission, public notice of the hearing will be published in a newspaper of general circulation at least ten (10) days in advance of the hearing and mailed to owners of properties within three hundred (300) feet of the location of the proposed home occupation based on assessor's parcel records. After receiving oral testimony at the hearing, and reviewing written comments presented prior to and during the hearing, the planning commission shall approve, approve with conditions, or deny the application. The decision of the planning commission will be final unless formally appealed by the applicant or other interested party to the city council within ten (10) days of the planning commission decision. If the application is approved and if no appeal is filed within the ten (10) day period, a permit shall be issued. If the application is conditionally approved and no appeal is filed within the ten (10) day period, a permit shall be issued after it has been demonstrated to the planning and development department that the conditions have been, or are being, satisfied.
F. Appeal. An appeal of the planning commission decision must be filed by the applicant or other interested party in writing with the city clerk. The city council will conduct the appeal hearing at a regularly-scheduled meeting following completion of a public notice process. Within ten (10) days of receipt of an acceptable appeal, a public notice regarding the city council appeal hearing will be published in a newspaper of general circulation and mailed to owners of properties within three hundred (300) feet of the location of the proposed home occupation, based on assessor's parcel records. Such notice must be published at least ten (10) days in advance of the date of the hearing.
The city council may affirm or overturn the decision of the planning commission or may add, remove or amend conditions of approval. If the city council decision results in approval of the application, a permit shall be issued. If the city council decision results in conditional approval, a permit shall be issued after it has been demonstrated to the planning and development department that the conditions have been, or are being, satisfied.
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G. Revocation. Upon violation of any of the applicable provisions of this section, or upon failure to comply with any of the conditions that were attached to approval of the permit, a home occupation permit shall be suspended automatically. Notice of such suspension shall be sent as soon as possible to the applicant by the planning and development director or designee. If the violation that caused the suspension is not rectified within fourteen (14) days of the issuance of the notice, a public hearing shall be scheduled before the planning commission for consideration of revocation of the permit.
Notice of the hearing shall be given in the same manner as described in subsection E for a planning commission hearing on application for a new permit.
The decision of the planning commission whether to revoke the permit, or to take such action as may be necessary to eliminate the violation, shall be final unless formally appealed to the city council. The process for appealing the decision, for conducting the appeal hearing before the city council, and for providing notice of the appeal hearing shall be the same as described in subsection F for processing an appeal regarding an application for a new permit.
H. Operating Standards for Short-Term Rentals.
In addition to all other applicable requirements of this chapter, and notwithstanding any contrary provisions in the Kingsburg Municipal Code ("code"), short-term rentals are subject to the following operational standards:
1. Definitions. The definitions in this subsection shall govern the construction, meaning, and application of the following words and phrases used in this section:
"Local contact person" shall mean a person who resides in the city and is designated by an owner or the owner's agent, who shall be available to respond to notification of a complaint regarding the house, condominium or apartment, and take remedial action necessary, as required under subsection 8 of this subsection H. A local contact person can be the owner if the owner resides in the city. The application for the home occupancy permit for a short-term rental shall identify a local contact person should the owner be unavailable to take remedial action under subsection 8 of this subsection H. "Occupant" shall mean any person who is on or in a short-term rental property other than service providers or the owner, whether or not the person stays overnight. 215
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"Owner" shall mean the person(s) or entity(ies) that holds legal or equitable title to a short-term rental. "Owner" does not include a lessee of the short-term rental. The owner shall be responsible for compliance with all of the provisions of this subsection H. "Short-term rental" shall mean the rental of a single-family house which is the principal residence of the owner or single-family condominium which is the principal residence of the owner or an apartment which is the principal residence of the owner, excluding apartments located in the city's central commercial zone district, by the owner to another person or group of persons, not to exceed the "total occupants" identified in the paragraph 11 below ("allowed group of persons"), solely for the purpose of lodging and sleeping and for no other purpose, for a period of not less than two (2) consecutive nights but less than thirty (30) consecutive calendar days. The rental of units within cityapproved hotels, motels, bed and breakfasts, and time-share projects shall not be considered to be a short-term rental.
2. No more than ten (10) home occupancy permits for a short-term rental shall be in effect at any one time.
3. No short-term rental shall be rented for more than ninety-six (96) days during a twelve (12) month permit. The date of issuance of the home occupancy period shall be the first day of the initial twelve (12) month period. On or before the tenth day of each month, an owner must submit a monthly rental report to the city confirming the number of days the short-term rental was rented during the prior month.
4. In single family residential zone districts as identified in the code, short-term rentals must be separated by a minimum of one-half mile.
5. The owner of a short-term rental shall not be relieved of any personal responsibility or personal liability for noncompliance with any applicable law, rule or regulation pertaining to the use and occupancy of the short-term rental, regardless of whether such noncompliance was committed by the owner's agent, a local contact person or the occupants of the owner's short-term rental.
6. The owner shall ensure that the short-term rental comply with all applicable codes regarding fire, building and safety, health and safety, and all other relevant laws, regulations and ordinances, obtain all permits required, including, without limitation, a home occupation permit issued in accordance with the provisions of this section, and pay all applicable fees.
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7. While a short-term rental is rented, the owner or local contact person shall be available by telephone twenty-four (24) hours per day, seven (7) days per week to respond to complaints regarding the use, condition, operation or conduct of occupants of a short-term rental. The owner or local contact person must be on the premises of the short-term rental at the request of a code enforcement officer or the city's police department within thirty (30) minutes after contact to satisfactorily correct or take remedial action necessary to resolve any complaint, alleged nuisance or violation of this chapter or the code by occupants occurring at the short-term rental. Failure of the owner or a local contact person to respond to calls or complaints in a timely and appropriate manner as required by this Section 17.56.010 H shall be grounds for revocation of the home occupation permit for the short-term rental.
8. Within ten (10) calendar days following the issuance of a home occupation permit for a short-term rental, the owner shall mail or personally deliver in writing ("short term rental notice") the following information to the owners and occupants of properties within three hundred (300) feet in each direction, from the property line of the shortterm rental as determined by the city: the name and telephone number of the owner or the local contact person, who shall be available twenty-four (24) hours per day, seven (7) days per week to respond to complaints regarding the use, condition, operation or conduct of occupants of a short-term rental. Thereafter, within thirty (30) days following the issuance of the home occupation permit, the owner shall sign under penalty of perjury, and submit to the city clerk a dated written certification that the required mailing or delivery was completed. At any time during the pendency of a home occupation permit for a short-term rental any information in the short term rental notice changes, the owner shall, within ten (10) calendar days following the change in information, mail or personally deliver in writing the updated short-term rental notice setting forth the new information to maintain accuracy and shall also promptly submit to the city clerk a signed (under penalty of perjury) and dated written certification that the required mailing or delivery of the updated short term rental notice was completed.
9. Short-term rentals shall be used solely for overnight lodging accommodations. At no time shall a short-term rental be used for activities in excess of the occupancy limits established in subsection 11 of this subsection H, or for weddings, receptions, parties, 217
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commercial functions, conferences, or other similar assemblies that are separate from the [sole] purpose of lodging.
10. All advertising appearing in any written publication or on any website that promotes the availability or existence of a short-term rental shall include the city-issued home occupation permit number as part of the rental offering. No person shall advertise the use as a short-term rental unless the city has approved a home occupation permit for short-term rental in accordance with this section.
11. The owner shall limit occupancy of a short-term rental to a specific number of occupants. The following table sets forth the maximum number of occupants for all short-term rentals:
Number of Bedrooms Total Occupants
0-Studio 2
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2 7
3 9
4 10
If the home occupation permit for a short-term rental limits occupancy of the short-term rental to a number less than that shown on the table, the limit set forth in the home occupation permit shall control.
12. Only the habitable interior portions of the short-term rental shall be utilized as a short-term rental. No garages, tents, camper trailers, recreational vehicles, or other exterior structures or spaces shall be used as short-term rentals.
13. In any advertising concerning the availability of a short-term rental, the owner or a local contact person shall advertise the maximum number of occupants allowed to occupy the short-term rental.
14. All vehicles of occupants of a short-term rental single family house or condominium shall be parked only in an approved driveway or garage on the short-term rental single family house or condominium. The maximum number of vehicles allowed for a short-term rental single family house or condominium shall be limited to the number of available off-street parking spaces; however, any short-term rental must have a minimum of two (2) off-street parking spaces. The owner shall provide access to the 218
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garage of the short-term rental if that area has been included in the determination of the number of available off-street parking spaces pursuant to this subsection. In no event shall off-street parking include the use of landscaped areas, any private or public sidewalk, parkway, walkway or alley (or any portion thereof) located on, at or adjacent to the short-term rental or the blocking of the driveway or street in front of the shortterm rental. The term "sidewalk" shall include that portion of a driveway that is delineated for pedestrian travel or is in the public right-of-way.
15. No on-site exterior signs shall be posted advertising the availability of a short-term rental at the short-term rental property.
16. If the code enforcement officer or police department has received a complaint concerning a suspected violation of this subsection or of the code or any applicable law, rule, or regulation pertaining to the use or occupancy of a short-term rental, or if the code enforcement officer or police department has reason to believe that such a violation has occurred, the code enforcement officer or the police department shall notify the owner or the local contact person of the complaint or suspected violation and the notified person shall cooperate in facilitating the investigation and the correction of the suspected violation. Failure of the owner or the local contact person to affirmatively respond to the officer's request within thirty (30) minutes and reasonably cooperating in facilitating the investigation and the correction of the suspected violation shall be deemed to be a violation of this subsection and the home occupancy permit. Notwithstanding the foregoing, it is not intended that an owner or the local contact person act as a peace officer or place himself or herself in an at-risk situation.
17. No musical instrument, phonograph, loudspeaker, amplified or reproduced sound, or any machine or device for the production or reproduction of any sound shall be used outside or be audible from the outside of a short-term rental between the hours of ten o'clock p.m. and nine o'clock a.m.
18. Occupants shall not engage in outdoor activities on a short-term rental between the hours of ten o'clock p.m. and nine o'clock a.m. The hours between ten o'clock p.m. and nine o'clock a.m. are considered to be "quiet time," where all activities at a shortterm rental shall be conducted inside of a short-term rental so that no outdoor activity will disturb the peace and quiet of the neighborhood adjacent to a short-term rental or 219
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cause discomfort or annoyance to any reasonable person of normal sensitivity residing in the area.
19. Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the responsible trash hauler, in accordance with the city requirements. The owner of a short-term rental shall provide sufficient trash collection containers and service to meet the demand of the occupants. The shortterm rental shall be free of debris both on site and in the adjacent portion of the street.
20. It is unlawful for any owner, occupant, renter, person present upon, or person having charge or possession of a short-term rental to make or continue or cause to be made or continued any loud, unnecessary or unusual noise which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area, or violates any other applicable provision of this code.
21. The owner or the local contact person shall ensure that the occupants of a shortterm rental do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this code or any state law pertaining to noise, disorderly conduct, overcrowding, the consumption of alcohol, or the use of illegal drugs. Owners or local contact persons are expected to take all measures necessary to abate disturbances, including, but not limited to, directing the occupants of a short-term rental to cease the disturbing conduct, calling for law enforcement services or enforcement officers, removing the occupant(s), or taking any other action necessary to immediately abate the disturbance.
22. The owner shall post a sign at a conspicuous location within the short-term rental advising occupants of all rules and operational standards imposed upon occupants under this subsection. The sign shall also include the telephone numbers for the City of Kingsburg, the Kingsburg Police Department and the Kingsburg Fire Department.
23. All short-term rentals shall be subject to the city's transient occupancy tax, as required by Title 3, Chapter 3.16 of the code. For the purposes of this subsection, the definitions in Section 3.16.020 of Title 3 of Chapter 3.16 of the code shall include the following: (i) the definition of "hotel" shall include short-term rental; (ii) the definition of "occupancy" shall include the renting of a short-term rental; (iii) the definition of "operator" shall include the owner of a short-term rental; (iv) the definition of "rent" 220
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shall include the rent paid by the occupant of a short-term rental; and (v) the definition of a "transient" shall include an occupant of a short-term rental. The owner shall also maintain at all times a valid Kingsburg business license. All transient occupancy tax statements shall be addressed to the owner and the local contact person.
24. A short-term rental shall not exceed one short-term rental per short-term rental.
25. Upon the violation of any provision of this Section 17.56.010 H, the city's code enforcement officer shall issue an administrative citation, and serve the same in accordance with the provision of subsection 26 on the owner and the local contact person identified on the application for the home occupation permit for the short-term rental.
The administrative citation shall contain the following:
a. The street address of the short-term rental;
b. A statement that the code enforcement officer has determined that a violation of Section 17.56.010 H has occurred and a brief description of the conditions that render the short-term rental or the use thereof in violation of Section 17.56.010 H; c. A statement to require the owner or the local contact person to correct the violation within the time period identified in the administrative citation which time period shall not exceed ten (10) days after the date of service of the administrative citation, unless the code enforcement officer identifies a longer period of time on the administrative citation;
d. Amount of fine imposed for the violation(s);
e. Explanation of how the fine shall be paid and the consequences of failure to pay the fine;
f. A statement advising the owner or local contact person that they may appeal the issuance of the administrative citation in accordance with subsection 29; g. Signature of the code enforcement officer and the signature of the owner or the local contact person. If the owner or the local contact person refuses or does not sign the administrative citation, the lack of such signatures shall in no way affect the validity of the administrative citation and subsequent proceedings; h. The issuance to two (2) administrative citations to an owner or local contact person, (subject to the owner's right to appeal pursuant to subsection 29), shall result in the immediate revocation of the home occupancy permit for the short-term rental. Upon such revocation, the owner may not file an application for a home occupancy permit for a 221
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short-term rental for a period of one year after the date of the second administrative citation.
26. The administrative citation, and any documents related thereto shall be served by one of the following methods:
a. Personal service; or
b. First class mail, postage prepaid, to the owner and the local contact person at the addresses as they appear on the owner's application for issuance of the home occupation permit for the short-term rental. The addresses shown on the owner's application for issuance of the home occupation permit for the short-term rental shall be conclusively deemed to be the correct addresses for the purpose of service of the administrative citation. Service by mail in the manner described above shall be effective on the date of mailing;
c. The failure of the owner or local contact person to receive any administrative citation served in accordance with this subsection shall not affect the validity of any proceedings taken under this Section 17.56.010 H.
27. Proof of service of the administrative citation shall be documented at the time of service by a declaration under penalty of perjury executed by the person affecting service, declaring the date and manner in which service was made.
28. The city council by resolution shall establish the amount of the fine to be assessed for administrative citations issued by the code enforcement officer. The failure of any person to pay a fine assessed by administrative citation within the time specified on the administrative citation constitutes a debt to the city. To enforce that debt, the code enforcement officer may file a claim with the small claims court; impose an assessment lien as set forth in Kingsburg Municipal Code Section 17.92.053; or pursue any other legal remedy to collect the fine.
29. Any person receiving an administrative citation may appeal the issuance of the administrative citation to the city council. The notice of appeal must be submitted on an appeal form provided by the city, must specify the basis for the appeal in detail and must be filed with the code enforcement officer within ten (10) calendar days after the date on the administrative citation. If the deadline falls on a weekend or city holiday, then the deadline shall be extended until the next regular business day. 222
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a. If the notice of appeal is filed in accordance with the provisions of this subsection 29, the enforcement of the violations identified in the administrative citation and the requirement to pay any fine shall be stayed until the date that the appeal hearing is held by the city council.
b. As soon as practicable after receiving the written notice of appeal, the city clerk shall fix a date, time and place for the hearing. Written notice of the date, time and place for the hearing shall be served at least ten (10) days prior to the date of the hearing to the party appealing the administrative citation by any one of the following means:
1. Personal service; or
2. First class mail addressed to the owner and the local contact person at the addresses identified on the application of the home occupation permit for the short-term rental. The failure of the owner or local contact person to receive such notice shall not affect the validity of any proceedings taken by the city council. Service by mail in the manner described above shall become effective on the date of mailing. c. Failure of any person to file an appeal in accordance with the provisions of this subsection 29 shall constitute waiver of that person's rights to administrative determination of the merits of the administrative citation and the amount of the fine. d. The city council shall conduct an appeal proceeding and accept oral and written evidence regarding the administration citation in the following manner:
1. The code enforcement officer shall present testimony and evidence relating to the violation and the appropriate means of correcting the violation.
2. The owner and the local contact person may present testimony or evidence concerning the violation and the means and time frame for correction. e. The city council may sustain, modify or overrule the administrative citation. f. The decision of the city council regarding any appeal is the final administrative order and decision.
(Ord. 2003-01 § 1, 2003: Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982) (Ord. No. 2018-006, § 1, 12-19-2018; Ord. No. 2019-004, §§ 1, 2, 7-17-2019)
17.56.020 Temporary subdivision signs and sales offices.
Temporary subdivision signs and sales offices may be located within subdivisions for a period not to exceed two years from the date of recordation of the subdivision. 223
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Subdivision signs and sales offices shall be removed at the expense of the owner, unless, prior to the expiration of two years, a renewal of time is granted by the commission.
Upon expiration of such renewal period, subdivision signs and sales offices shall be removed at the expense of the owner. Subdivision signs shall be governed by the regulations prescribed in Section 17.56.040 of this chapter. A temporary subdivision sales office shall not be permitted until an application for a subdivision sales office permit shall be made to and approved by the commission in accordance with Chapter 17.68. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.56.030 Mobilehome parks.
A. Occupancy. No mobilehome shall be occupied or used for living or sleeping purposes, or be parked, other than in a mobilehome sales yard or in an approved storage area within a CS, CH or I district, unless it is located within a licensed mobilehome park; provided, that a mobilehome may also be used as follows: as an office for a construction project, circus or carnival; as a residence of a watchman on the site of a construction project or an industrial use; to provide temporary living quarters for circus or carnival personnel in accordance with the provisions of an approved conditional use permit; or as a single family dwelling when set on a permanent foundation within any RA, R, RM or PO district.
B. Location, Access and Procedure. For purposes of the ordinance codified in this title, mobilehome parks are considered to require the same considerations in their location as do other types of dwellings under low, medium or high density policies of the general plan. Mobilehome parks shall be located only within R or RM districts, with access from elements of the arterial or collector street system to be considered as a condition of approval. Mobilehome parks shall be permitted only in accordance with the regulations of Chapter 17.68 and this section.
C. Development Standards, Mobilehome Parks.
1. Park Area, Density and Site Area.
a. The minimum area of a mobilehome park shall be five acres. The first phase of mobilehome park development shall be not less than five acres and shall include all required recreational and service amenities.
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b. The maximum density shall be eight mobilehome sites per gross acre in the RM district, six per net acre in the R districts, and one per net acre in the RA district. c. Each mobilehome site shall be not less than three thousand (3,000) square feet in area, including pad, parking, private access, landscaping and private storage areas. d. No mobilehome site shall be less than thirty (30) feet in width.
2. Clearances, Setbacks and Yard Spaces.
a. Mobilehome Park:
1. Front yard: 20 feet
2. Interior side yard: 10 feet
3. Street side yard: 10 feet
4. Interior rear yard: 10 feet
5. Street rear yard: 20 feet
b. Mobilehome Sites within the Park:
1. Front yard: 10 feet
2. Side yard: 5 feet
3. Rear yard: 10 feet
c. No mobilehome shall be located in any required yard space, except that tow bars may extend into such yard space, and other incidental structures may be located in accordance with the provisions of Section 17.08.050.
3. Patios and Pads.
a. Each mobilehome site shall have a hard surfaced patio area of not less than two hundred (200) square feet. A permanent porch greater than twenty (20) square feet in area may be counted as part of the required patio area. b. Each mobilehome site shall have a support pad of concrete or asphalt concrete laid over a compacted surface base which, in combination, will be adequate to support the mobilehome on a level plane.
4. Parking.
a. Not less than two off-street parking spaces shall be provided within each mobilehome site, one of which may be tandem to the other. 225
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b. Not less than one guest parking space shall be provided for each mobilehome site at a location central to each four contiguous mobilehome sites. c. Parking shall be provided for central recreation buildings, park offices and other similar buildings at a ratio of one parking space for each four hundred (400) square feet of gross floor space.
d. Supplemental parking for pleasure boats, recreation vehicles and non-occupied travel trailers shall be provided at a ratio of one parking space for each ten (10) mobilehome sites, and shall be used only by mobilehome park tenants. Said parking shall be clustered, easily accessible via interior drives, and screened from view by means of a solid ornamental fence or wall and landscaping.
e. All parking areas and spaces shall be designed and constructed in accordance with the provisions of Chapter 17.52 of this title.
5. Streets.
a. Entrance streets shall be located to assure safe access to and from the public street system.
b. Minor streets within the mobilehome park shall be a minimum of thirty (30) feet of paved width; collector streets shall be a minimum of thirty-six (36) feet of paved width.
Paving shall be to city standards.
c. Streets shall be constructed to effect positive drainage, including concrete curbs and gutters constructed to city standards.
d. Parallel parking shall be permitted on both sides of a collector street and on only one side of a minor street. Such on-street parking shall be in addition to off-street parking requirements of this section.
6. Driveways, Street Signs, Lighting, Storm Drainage, Water and Sewer Systems.
Driveways for individual mobilehome sites, street signs, interior street lighting, storm drainage facilities and water and sewer systems shall be installed subject to approval of the director of public works.
7. Underground Utilities. All public utilities shall be installed underground, including electrical, telephone, street lighting cable, community television antenna connections and ducts for cable television. A community television antenna with underground ducts and connections to each mobilehome site shall be provided.
8. Recreation Areas and Pedestrian Ways.
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a. Common recreation area in an aggregate total equal to ten (10) percent of the gross area of the mobilehome park shall be provided at a location or locations which are easily accessible and convenient to park residents.
b. Recreation areas shall be landscaped and maintained, with all landscaped areas to be irrigated by an automatic underground system.
c. Pedestrian ways shall be provided throughout the mobilehome park, connecting all mobilehome sites with each other and with common recreation areas. Such pedestrian ways shall be provided where possible at locations away from the interior street system to avoid conflict in pedestrian and vehicle traffic.
d. The calculation of common recreation areas shall not include yard areas, pedestrian ways, management offices, laundry and tenant storage areas and parking areas.
9. Signs. No more than one identification sign shall be erected displaying the name of the mobilehome park. Such signs shall be located near the park entrance drive and shall not exceed thirty-two (32) square feet in total readable surface area, or eight feet in height. Such sign shall be installed within the front yard area of the mobilehome park, parallel to the abutting street, with landscaping at its base. Additional directional and identification signs may be installed within the mobilehome park subject to the approval of the planning director.
10. Landscaping and Screening. Mobilehome parks shall provide permanently maintained landscaped areas and site screening as follows:
a. A landscaped border along the entire street frontage yard area and along the rear yard if such yard is adjacent to a public street.
b. Ornamental screen wall or fencing, seven feet in height, along all interior side property lines, along all rear property lines which do not abut a public street, and along street side yard and street front yard setback lines.
11. Other Requirements.
a. Each mobilehome park shall provide: (1) a laundry building equipped for clothes washing and drying; (2) an outdoor clothes drying area screened from view from other areas of the mobilehome park by an ornamental screen fence or wall and landscaped area; and (3) trash enclosures at locations along the interior street system which are convenient to all residents and to municipal refuse trucks, integrated with parking areas. 227
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Trash enclosures are not required where each mobilehome unit is served by mechanized individual unit trash pickup service.
b. Applications for mobilehome parks shall be subject to site plan review under the provisions of Chapter 17.72.
12. Placement and Sale of Mobile Homes.
a. At the time of placement on the site, all mobilehomes shall be fitted with appropriate skirts to obscure stands, pads, and under-carriage equipment. b. Mobilehomes may be displayed and sold within a mobilehome park similar to the sale of model homes within a residential subdivision, provided that such mobilehomes are not sold for delivery to any location other than within the mobilehome park in which sold, and that all mobilehomes are placed on mobilehome sites and connected to all utility services. No more than four mobilehomes shall be offered for sale at any one time, and advertising for sale shall be limited to one non-illuminated sign not exceeding eight square feet in area on the site of each mobilehome offered for sale. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.56.040 Regulation of signs and outdoor advertising.
A. Purposes and application. In order to maintain and enhance the attractiveness and orderliness of the city's appearance, and to protect the public safety and general welfare, the location, size, height, illumination and maintenance of signs and outdoor advertising structures are regulated as prescribed below. It is the intention of this section to foster the expansion of the Swedish architectural motif which characterizes the city's commercial and industrial areas under the provisions of Chapter 17.80 of this title. If provisions of the City of Kingsburg Form Based Code, adopted on September 16, 2015, conflict with provisions in this Section 17.56.040, the provisions of this Section 17.56.040 shall prevail.
B. General provisions and exceptions.
1. Application. The provisions set forth in this section shall be applicable to all signs permitted by the ordinance codified in this title.
2. Computation of sign area or display surface. For purposes of this section, measurements for computing the areas of a given sign shall be made as follows. 228
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a. For signs comprised of individual letters attached to the business structure, including module letters and logographic symbols, the effective sign area shall mean any area(s) enclosed by the minimum imaginary rectangle or parallelogram of vertical and horizontal lines which fully contains all extremities of each word and/or logographic symbol of the sign. Each word and/or logographic symbol shall be measured separately in computing total sign area. Shadow box borders and other border trims which are an intrinsic part of the building, either architecturally or structurally, shall not be included in such area computations.
b. Where the sign consists of module letters only, and such letters are separated a minimum distance of one and one-half (1½) times the width of the individual module, the space between such letters shall not be included when computing sign area. c. For single unit signs containing letters or logographic symbols on cabinets or panels, the effective sign area shall mean the area enclosed by the minimum imaginary rectangle or parallelogram of vertical and horizontal lines which fully contains the perimeter of the cabinet or panel sign.
d. For projecting signs and free-standing detached signs containing letters and/or logographic symbols, the effective sign area means the area enclosed by the minimum imaginary rectangle of vertical and horizontal lines which fully contains all extremities of the sign, exclusive of its supports and/or ornamental and decorative trim on cabinets or support columns.
e. For free-standing and projecting signs intended to be read from both sides along a single frontage, both sides of the sign shall be counted in computing the total sign area for that frontage.
f. The effective sign area of a ball or sphere shall be seventy-five (75) percent of the surface area of the ball or sphere.
3. Projection and height.
a. No sign shall project more than fourteen (14) inches beyond the property line, except that a free-standing sign shall not extend beyond the property line. The minimum height clearance for any free-standing sign, projecting building sign or sign located on a building marquee shall be not less than eight (8) feet as measured from ground level to the lowest portion of the sign display area.
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b. No sign other than a directional sign shall project more than twelve (12) inches into a required rear yard or interior side yard.
c. In an RCO, UR, RA, R, RM or PO district, a sign attached to a building shall not project above the parapet or roof line, whichever is higher.
4. Number of free-standing signs. Not more than one (1) free-standing on-premise sign, or free-standing outdoor advertising structure, may be located on each parcel of property within a zoning district in which a free-standing sign or free-standing outdoor advertising structure is permitted.
5. Traffic hazards.
a. No sign or outdoor advertising structure shall be placed within thirty (30) feet of the intersecting curb lines of a street intersection, unless placed on a single pole with a ground clearance of at least ten (10) feet, or unless placed so that the top of the sign and its supporting structure is a maximum of two and one-half (2½) feet above the ground. b. No red, green or amber lights or illuminated signs or outdoor advertising structures illuminated by or including flashing lights, shall be placed in such position that they reasonably could be expected to interfere with or be confused with any official traffic control device, traffic signal or official directional guide sign.
6. Movement. A moving sign shall be permitted only in C or I districts, provided that movement shall be slow (not to exceed ten (10) r.p.m.) and shall not simulate effects obtained by varying the intensity, color, pattern or illumination.
7. Utility lines and easements. No sign or outdoor advertising structure shall be located within a utility easement, or erected or located in a manner which will reduce the vertical or horizontal clearance from communication lines or energized electric power lines as required by laws, rules and regulations of the State of California and agencies thereof.
8. Special signs—Exceptions. The following types of signs shall be exempt from the provisions of this Section 17.56.040:
a. Temporary signs: Signs of a temporary or transitory nature and constructed and erected in a non-permanent manner.
i. Signs used to announce an upcoming event or sale, such as a fundraising event, school or community event, grand opening or holiday sale subject to the issuance of a temporary sign permit;
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ii. Signs used exclusively for the posting or display of official notices by a public agency or official, or by a person giving legal notice; iii. Signs erected or maintained by a public agency or official or required by law to be displayed by a public utility for directional, warning or informational purposes; iv. Signs announcing garage or yard sales, which shall be removed immediately after the completion of the sale;
v. Unless otherwise specified in the applicable temporary sign permit, all temporary signs shall be removed by the applicant, agency, entity, group or individual responsible for their placement within thirty (30) days after the date of the sign's original erection, or when the sign becomes damaged or is no longer legible, whichever first occurs. b. Signs or displays of patriotic or religious nature erected upon residential property and non-illuminated, non-verbal religious symbols erected upon residential property.
9. Special signs—Prohibition. Animated signs, the movement of which is simulated by variations in the intensity, color, pattern or illumination of the sign, and flashing signs, shall be prohibited in all districts, subject to the following exceptions:
a. A sign changing so as to show time and/or temperature. b. An on-premise barber pole.
10. Area identification signs. Area identification signs intended to identify a neighborhood, subdivisions, shopping or industrial district, complex or other area composed of multiple ownerships, shall be limited to a maximum single surface area of twenty-five (25) square feet, and total sign area not exceeding fifty (50) square feet.
11. Outdoor advertising signs. Outdoor advertising signs are signs having part or all of their area devoted to directing attention to a business, profession, commodity, product or service that is not the primary business, profession, commodity, product or service sold, manufactured, conducted or offered on the site on which the sign is located, and shall be subject to the following conditions:
a. Outdoor advertising signs shall not be permitted in the RCO, UR, RA, R, RM, PO, IP or C districts.
b. The maximum single surface area per site of an outdoor advertising structure in the I district shall be five hundred (500) square feet; the maximum aggregate area per site of outdoor advertising signs in the district shall be one thousand (1,000) square feet. 231
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No outdoor advertising signs shall be placed within one thousand (1,000) feet of another such sign on the same side of a street or highway.
c. Signs in the RCO, UR, RA, R, RM and PO districts. No sign of any character shall be permitted in the RCO, UR, RA, R, RM or PO districts, except as follows:
1. One (1) name plate, not directly illuminated, with a maximum of two (2) square feet in area (e.g., dimensions of 1′ × 2′), containing the name or names of occupants of a residence or office.
2. One (1) identification sign, not directly illuminated, located flat against a wall and not projecting above the roof line, with a single surface area of not more than sixteen (16) square feet pertaining to a permitted or conditional use conducted on the site.
3. One (1) non-illuminated sign, with a single surface area of not more than eight (8) square feet, pertaining to the sale, lease, rental or display of a structure or site.
4. Non-illuminated directional signs, with a single surface area of not more than six (6) square feet, pertaining to vehicular or pedestrian traffic directions and located along a driveway or within a parking lot. Arrows painted on pavement are not included in this regulation.
5. One (1) bulletin board, not directly illuminated, with a single surface area of not more than twenty (20) square feet, located on the site of a church, school, auditorium or other similar place of public assembly.
6. One (1) non-illuminated temporary construction sign, with a single surface area of not more than sixteen (16) square feet, on the site of a construction project, which shall be removed at the owner's expense at the time of project completion.
7. One (1) temporary subdivision sales sign, not directly illuminated, with a single surface area of not more than thirty-two (32) square feet, on the site of a residential subdivision.
D. Regulation of signs within the C districts.
1. Purposes and application. The purpose of sign regulation within the C districts is to avoid unsightly, inharmonious, competing, cluttered and hazardous location and appearance of signs, and to encourage the replacement of existing non-conforming signs.
Sign regulations of this section shall apply to any permitted or conditional use listed within a C district.
2. Maximum total aggregate area in the CC district.
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a. Primary frontage. An allowable minimum sign area of up to fifty (50) square feet shall be permitted for each primary building frontage (portion of building occupied by the business and facing a street), regardless of the width of such primary building frontage. A maximum total sign area, not to exceed three hundred fifty (350) square feet, shall be permitted for each primary building frontage based on two (2) square feet of sign area for each lineal foot of primary building frontage occupied by the business. b. Secondary frontage. An allowable minimum sign area of up to thirty-five (35) square feet shall be permitted for each secondary building frontage (portion of building occupied by the business and facing an alley, an adjacent building, parking lot, or the like), regardless of the width of such secondary frontage. A maximum total sign area, not to exceed two hundred (200) square feet, shall be permitted for each secondary frontage based on one (1) square foot of secondary building frontage occupied by the business.
3. Maximum total aggregate area in the CS and CH districts. a. Primary frontage. An allowable minimum sign area of up to one hundred (100) square feet shall be permitted for each primary business frontage along a street, regardless of the width of such primary business frontage. A maximum total sign area, not to exceed five hundred (500) square feet, shall be permitted for each primary building frontage based on two (2) square feet of sign area for each lineal foot of primary business frontage occupied by the business.
b. Secondary frontage. An allowable minimum sign area of up to fifty (50) square feet shall be permitted for each secondary business frontage, regardless of the width of such secondary frontage occupied by the business. A maximum total sign area, not to exceed two hundred (200) square feet shall be permitted for each secondary business frontage based on two (2) square feet of sign area for each lineal foot of secondary business frontage occupied by the business.
4. Directional signs. Directional signs for off-street parking and off-street loading facilities shall not exceed six (6) square feet for each sign; parking lot identification signs shall not exceed six (6) square feet per face of sign.
5. Sale, lease and rental signs. Signs pertaining to the sale, lease, rental, or display of a structure or land shall not exceed thirty-two (32) square feet per single face of sign.
6. Projecting signs. No sign, other than a directional sign, shall project more than twenty-four (24) inches into a required rear yard or required interior side yard. No sign, 233
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other than a sign required by law or a marquee sign, shall project more than fourteen (14) inches into a public right-of-way.
7. Signs attached to buildings. Signs attached to buildings shall be installed parallel with the building, with no more than a fourteen (14) inch projection from the wall except where permitted under Subsection D.8., below and/or attached directly to the vertical or sloped face of the marquee.
8. Marquee or canopy signs. Signs attached below the marquee or canopy shall not exceed six (6) square feet per face of sign and shall have a minimum ground clearance of eight (8) feet above the sidewalk grade in order not to impede or interfere with pedestrian traffic and safety. Where the marquee or canopy is attached at an angle from a building, signs may be affixed to the sloped portion above the horizontal extension of the marquee or canopy as an integral part of the facade.
9. Painted wall signs. Within each of the C districts, signs painted upon a wall exterior surface shall be included when computing the allowable sign area.
10. Free-standing signs.
a. New free-standing signs shall have a permanently landscaped area at their bases, and shall be maintained with live plant materials around the base of such signs equal to at least ten (10) percent of the total sign area, and with a minimum landscaped area of ten (10) square feet.
b. Free-standing area identification signs displaying the name and/or logographic symbol of a shopping center and/or the names of other groupings of businesses, offices, services, or combinations thereof, shall not exceed a total sign area of three hundred fifty (350) square feet.
c. No more than one (1) free-standing sign shall be permitted for a single business or for a grouping of businesses on a single site, except that an additional free-standing sign shall be permitted for a grouping of ten (10) or more businesses on a single site, and one (1) freeway oriented sign may be located on a site in the CH district, subject to site plan review, not exceeding an aggregate area of three hundred (300) square feet or a height of ninety (90) feet.
11. Announcement and bulletin boards. Announcement and bulletin boards or structures for any public, philanthropic, civic, religious, or charitable organization or agency, non-illuminated or illuminated by indirect lighting only, may not exceed thirty- 234
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two (32) square feet in area in any district when appurtenant to the premises on which they are located.
12. Public service signs. Electronic public service signs displaying such information as time of day, temperature, or events of community interest, with the purpose of augmenting on-premise identification shall be permitted. The area of such signs shall be included when computing the total sign area of a business or site.
13. Portable signs. Portable signs, including, but not limited to, sandwich board, "A" board, movable free-standing, tire stack, and wind signs, shall be prohibited, with the exception of those signs allowed by approval of the planning director pursuant to City of Kingsburg Downtown Form Based Code, § 17.42.122.
14. Public utility signs. Non-advertising signs of public utility companies shall be permitted as required in their operation, providing service for the health, safety, and welfare of the general public, including, but not limited to, the following: informational signs for public telephone facilities or marking the location of underground facilities, directional signs for public utility services, signs notifying the public of "danger", "emergency", "construction", and similar conditions. No sign or other item shall be attached to private utility company poles and/or light standards or supports without prior written approval from the utility company to which such poles belong.
15. Sight distance at intersections. No sign permitted by this section shall be placed within thirty (30) feet of a street intersection (intersecting curb lines) unless placed so that the top of the sign is at a maximum of two and one-half (2½) feet above the ground or unless the bottom of the sign is a minimum of ten (10) feet above the ground level.
16. Height of signs. Except for freeway oriented free-standing signs in the CH district, the height of signs within the C districts shall not exceed the height of the structure which houses the business being advertised, and in no case shall any sign exceed the height limitations of the district in which it is located.
17. Signs expressly prohibited.
a. No red, green, or amber light or illuminated sign may be placed in such a position that it could reasonably be expected to interfere with, or be confused with, any official traffic control device, traffic signal, or official directional guide sign. b. Outdoor advertising structures shall not be permitted. c. Glaring, flashing, and scintillating signs shall not be permitted. 235
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d. Open letter signs which may be viewed from the reverse shall not be permitted. e. Canvas, plastic, cloth, paper, or other types of banners or streamers suspended across public or private property, buildings, or structures shall not be permitted, except temporary banners which extend over or across a street announcing civic events such as parades, homecomings, festivals and publicly or privately sponsored promotional events as may be approved by the city council.
18. Brand name advertising. Up to thirty (30) percent of the signing allowance for any frontage may be devoted to the advertising or identification of an individual brand or brands of products. This provision shall not apply to the identification of one (1) primary brand name identifying a service station.
19. Design of signs. All signs shall be designed in scale and harmony with the architectural design of the buildings and uses they are intended to relate to or identify.
20. Alteration and removal. Achieving the alteration or removal of dangerous, obsolete and nonconforming signs is a major policy of this section. To this end, certain signs are hereby declared to be dangerous, obsolete, or nonconforming, and shall be removed or altered to conform as follows:
a. A dangerous sign is hereby defined as any sign which is an immediate peril or a potential menace to the safety of persons or property. The building inspector shall give a written order for the repair or removal of any unsafe or dangerous sign to the owner of the real property upon which such sign is located. If such owner shall fail to remove or repair such sign or advertising structure, within six (6) months of notification by the building inspector, the building inspector may cause the removal of such sign and may enter upon such property for such purpose. Any cost accrued by the city in the removal of such sign shall be charged to the owner of the real property upon which such sign is located and added to the real taxes thereon for the ensuing tax year or be collected in civil action at the option of the city.
b. Any sign hereafter existing which no longer advertises a bona fide business conducted or product sold on the premises where such sign exists shall be removed or made to conform by the owner of the building, structure, or property upon which such sign is located within ninety (90) days after written notification by the building inspector, or the building inspector may cause the removal of such sign. Any cost accrued by the 236
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city shall be treated in the same manner as provided, above, for dangerous or unsafe signs.
c. Signs which are non-conforming because of their lighting, movement or animation shall be made to conform or be removed within one hundred twenty (120) days after written notification by the building inspector.
21. Appeals procedure. If, because of any ambiguity, inadvertent omission, or error, the interpretation of the provisions and/or intent of this section by the building official is disputed, the applicant or any aggrieved person may appeal, in writing, setting forth reasons for such appeal to the planning commission. The appeal shall be filed with the planning commission within fifteen (15) days after an adverse decision of the building official. The appeal shall be placed on the regular meeting agenda of the commission at the first opportunity.
The commission shall review the sign proposal and shall approve, approve with conditions, or disapprove it, based on the findings set forth in Section 17.84.060 A. of this Code.
E. Regulation of signs. Within the I districts. No sign, outdoor advertising structure or display of any character shall be permitted in the I districts, except as follows:
1. Outdoor advertising signs in accordance with the district limitations and standards prescribed in Section 17.56.040 B.11.
2. The maximum permissible area of all faces of all permanent and temporary signs pertaining to a permitted use or conditional use, excluding outdoor advertising signs, directional signs and signs identifying products within a window display area, shall be as follows: one (1) square foot of sign area per lineal foot of property line adjoining a street, or one hundred (100) square feet per acre of site area in use, whichever is greater, to a maximum of sixty (60) square feet of sign area.
3. Temporary signs shall be permitted in all I districts, provided that their combined area shall not exceed fifty (50) square feet.
4. One non-illuminated sign, not exceeding a single surface areas of sixteen (16) square feet, pertaining to the sale, lease, rental or display of a structure or site.
5. Non-illuminated directional signs along driveways or within parking lots, not exceeding a single surface area of six (6) square feet, pertaining to vehicular and pedestrian traffic direction.
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6. One (1) bulletin board not directly illuminated, not exceeding a single surface area of twenty (20) square feet located on the site of a place of public assembly.
7. One (1) non-illuminated temporary construction sign, not exceeding a single surface area of thirty-two (32) square feet, on the site of a construction project, to be removed at the owner's expense at the time of project completion.
F. Political signs.
1. No person except a duly authorized public official shall erect any sign, outdoor advertising structure or display of any character upon any public property other than a public right-of-way and no such sign, outdoor advertising structure or display shall be erected or maintained within any city street right-of-way without first obtaining written approval from the city.
2. No political signs are permitted within the city street right-of-way.
3. No political signs shall be erected prior to sixty (60) days before the date of the election to which they pertain.
4. Each candidate or person/group named on such political sign shall be responsible for the removal of all such signs within six (6) days after the polls close. After that date, the cost of removal of any sign shall be assessed to the candidate or person/group named on the sign.
Political signs shall not require a temporary sign permit, but shall be subject to the requirements in this section F.
G. Non-conforming signs and outdoor advertising structures. Non-conforming signs and non-conforming outdoor advertising structures shall be subject to the regulations prescribed in Chapter 17.60.
H. Abandoned and dilapidated signs. No person shall maintain or permit to be maintained on any premises owned or controlled by him, any sign which has been abandoned or which is physically dilapidated. Any such sign shall be promptly removed by the owner or such other person. Any sign which is located on property which becomes vacant and unoccupied for a period of six (6) months or more, or any sign which was erected for an occupant or business unrelated to the present occupant or his/her business, or any sign which pertains to a time, event or purpose which no longer is applied, shall be presumed to have been abandoned. Where the owner or other person responsible for maintaining an abandoned or dilapidated sign fails to remove the sign in conformance 238
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with these provisions, the city shall cause the sign to be removed and shall assess the owner or other person responsible at a rate established by resolution of the city council to cover the costs of such removal.
I. Authority to modify sign regulations. Notwithstanding other provisions of this chapter, the planning commission has the authority to modify or adjust regulations of this chapter in order to prevent or lessen practical difficulties or unnecessary physical hardships inconsistent with the objectives of the zoning ordinance codified in this title and the purpose of this section as would result from a strict or literal interpretation and enforcement of certain of the regulations of this title. (Ord. 92-11 § 1 (part), 1992; Ord. 408 (part), 1982)
(Ord. No. 2016-001, § 1, 3-16-2016)
17.56.050 Regulation of manufactured housing within residential districts.
A. Application. The provisions of this section shall apply to all single family dwellings and mobilehomes on permanent foundations listed as permitted uses within UR, RA, R, RM and PO districts.
B. Developmental/Architectural Standards. All single family dwellings and mobilehomes on permanent foundations shall meet the following developmental/architectural standards:
1. Garages or Carports. A garage or carport shall be provided for every dwelling located on a lot which is not a part of a mobilehome subdivision.
2. Minimum Floor Area. The minimum floor area for every dwelling located which is not a part of a mobilehome subdivision, shall be eight hundred (800) square feet, excluding the area of the garage or carport.
3. Roof Overhang. All main buildings shall have a pitched roof with a minimum twelve (12) inch roof overhang on each of the dwelling's perimeter walls such that the overhang is architecturally integrated into the design of the dwelling unit.
4. Roofing Material. All main buildings, and all detached garages and carports located on the front half of the lot shall have a roof constituted of either wood shakes, asphalt, composition or wood shingles, clay, tile, concrete or metal tile, slate or built-up asphaltic-gravel materials.
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5. Siding Material. All main buildings and all detached garages located on the front half of the lot shall have exterior siding material consisting of either wood, masonry, concrete, stucco, masonite or metal lap. The exterior siding material shall extend to ground level, except that when a solid concrete or masonry perimeter foundation is used, the siding material need not extend below the top of the foundation.
6. Foundations. All main buildings shall be placed on a permanent foundation which meets applicable building code requirements and/or the provisions of Section 18551 of the California Health and Safety Code, such that the floor elevation of the dwelling is reasonably compatible with the floor elevations of the surrounding dwelling units.
7. Minimum Width. The minimum width of a dwelling located on a lot outside of a mobilehome subdivision shall be twenty (20) feet.
8. Surrender of Registration. Subsequent to applying for a building permit, and prior to occupancy of a mobilehome on a permanent foundation, the owner shall request a certification of occupancy be issued by the building official pursuant to Section 18557 (a) (2) of the California Health and Safety Code. Thereafter, any vehicle license plate, certificate of ownership and certificate of registration issued by a State Agency is to be surrendered to the issuing State Agency. Any mobilehome on a permanent foundation must bear a California insignia or Federal label pursuant to Section 18550 (b) of the California Health and Safety Code.
9. Tow Bars, Wheels and Axles. All mobilehome tow bars, wheels and axles shall be removed when the dwelling is installed on a residential lot.
10. Deviations. The planning director may approve deviations from one or more of the standards of this section on the basis of a finding that the architectural style proposed provides compensating design features and that the proposed dwelling will be compatible and harmonious with existing structures in the vicinity. The determination of the director may be appealed to the city council in accordance with the provisions of Section 17.64.050 of this code.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.56.060 Accessory Dwelling Units.
A. Purpose. This section establishes development and operations standards for accessory dwelling units and establishes a ministerial review process for the approval of 240
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such accessory dwelling units (ADUs) consistent with Government Code Section 66310, as may be amended from time to time. implements Government Code 66310 as may be amended from time to time.
B. Density and Consistency. Accessory dwelling units that confirm to the requirements of this section and with the requirements of Government Code Section 66310 shall:
1. Not be considered for the purposes of evaluating the density requirements established in the General Plan.
2. Be found consistent with the existing General Plan designation and zoning for the lot.
3. Not be considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service.
C. Application. Application for a permit for an accessory dwelling unit or a junior accessory dwelling unit (JADU) shall be the same as application for a building permit for a single-family residence.
D. Filing Fee. The filing fee associated with an accessory dwelling unit or a junior accessory dwelling unit shall be the calculated in the same manner as the filing fee associated within a single-family residence.
E. Mandatory Approval ADUs. The following types of ADUs shall be permitted in residential or mixed-use zones, unless specifically stated otherwise, and shall comply with the following criteria. No additional developments standards shall apply.
1. Detached Accessory Dwelling Units.
a. Location.
(1) Detached ADUs must be accompanied by a proposed or existing single-family or multifamily dwelling.
(2) Detached ADUs may be located in an existing accessory structure. b. Maximum Number of Detached ADUs.
(1) When accompanied by a proposed or existing single-family dwelling, the maximum number of detached ADUs shall be one. The detached ADU may be in addition to an existing or proposed attached ADU and an existing or proposed JADU. 241
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(2) Existing multifamily developments may have one detached accessory dwelling unit for each primary dwelling unit within the existing multifamily development, up to a maximum of eight (8) total detached accessory dwelling units on the same lot. (3) Proposed multifamily developments may have up to two (2) detached accessory dwelling units on the same lot.
(4) In no case shall the total number of primary dwelling and accessory dwelling units exceed four on any given lot zoned for single-family residential uses. c. Floor Area.
(1) The minimum floor area shall be 150 square feet, or the equivalent of an efficiency unit, whichever is greater.
(2) When accompanied by an existing or proposed single-family dwelling, the maximum floor area shall be no more than 1,200 square feet. (3) When an existing accessory structure is converted to a detached ADU, the maximum square feet may exceed 1,200 square feet to an amount equal to the square footage of the existing accessory structure to be converted. d. Minimum Setbacks. 4-foot side, street side, and rear yard, except when converting or replacing an existing accessory structure that is less than 4 feet from the side, street side, or rear yard.
e. Maximum Height. The maximum height of detached ADUs shall be as follows:
(1) For one story detached ADUs, the maximum height shall be 16 feet. Where the detached ADU is located within one-half mile walking distance of a major transit stop or a high-quality transit corridor or with an existing or proposed multifamily dwelling of more than one story, the maximum height shall be 18 feet. (2) For two story detached ADUs, the maximum height shall be 25 feet. (3) Height Exceptions.
(a) An additional two feet in height shall be allowed to accommodate a roof pitch on an accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. (b) When an existing accessory structure is converted to a detached ADU, the maximum height may exceed the limits of Section 17.56.060(E)(1)(e)(3)(a) to an amount equal to the height of the existing accessory structure to be converted. f. Parking.
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(1) One parking space shall be required for use by the detached ADU in addition to the minimum parking required for the primary single-family or multifamily dwelling(s).
The surface of the parking space shall be improved and may be covered or uncovered. (2) Exceptions. No parking shall be required in any of the following circumstances:
(a) The detached ADU is located within one-half mile walking distance of public transit.
(b) The detached ADU is located within an architecturally and historically significant historic district.
(c) The detached ADU is part of the proposed or existing primary residence or an accessory structure.
(d) On-street parking permits are required but not offered to the occupant of the detached ADU.
(e) There is a car share vehicle located within one block of the detached ADU. g. Occupancy. If permitted after January 1, 2025, owner-occupancy shall be required in the primary dwelling or the newly created detached ADU. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.
h. Development Standards. Detached ADUs shall comply with all applicable base zone district development standards, including lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, unless application of any one or more of these standards precludes construction of at least an 800 square foot detached ADU.
2. Attached ADUs.
a. Location. Attached ADUs must be accompanied by a proposed or existing singlefamily or multifamily dwelling. b. Maximum Number of Detached ADUs.
(1) When accompanied by a proposed or existing single-family dwelling, the maximum number of attached ADUs shall be one. The attached ADU may be in addition to an existing or proposed detached ADU and an existing or proposed JADU. (2) In no case shall the total number of primary dwelling and accessory dwelling units exceed four on any given lot zoned for single-family residential uses. c. Floor Area.
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(1) The minimum floor area shall be 150 square feet, or the equivalent of an efficiency unit, whichever is greater.
(2) The maximum floor area shall be 50% of the primary dwelling unit floor area, or 1,200 square feet, whichever is greater.
d. Minimum Setbacks. 4-foot side, street side, and rear yard, except when converting or replacing an existing accessory structure that is less than 4 feet from the side, street side, or rear yard.
e. Maximum Height. The maximum height of attached ADUs shall be two stories and 25 feet or the maximum height specified by the base zone district, whichever is lower. f. Parking.
(1) One parking space shall be required for use by the attached ADU in addition to the minimum parking required for the primary single-family dwelling. The surface of the parking space shall be improved and may be covered or uncovered. If the proposed or existing single-family dwelling provides two parking spaces on-site, no additional parking shall be required.
(2) Exceptions. No parking shall be required in any of the following circumstances:
(a) The attached ADU is located within one-half mile walking distance of public transit.
(b) The attached ADU is located within an architecturally and historically significant historic district.
(c) The attached ADU is part of the proposed or existing primary residence or an accessory structure.
(d) On-street parking permits are required but not offered to the occupant of the attached ADU.
(e) There is a car share vehicle located within one block of the attached ADU. g. Occupancy. If permitted after January 1, 2025, owner-occupancy shall be required in either the remaining portion of the primary dwelling or the newly created attached ADU. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. h. Development Standards. Attached ADUs shall comply with all applicable base zone district development standards, including lot coverage, floor area ratio, open space, 244
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front setbacks, and minimum lot size, unless application of any one or more of these standards precludes construction of at least an 800 square foot attached ADU.
3. Conversion ADUs.
a. Location. Conversion ADUs are permitted within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. b. Maximum Number of Conversion ADUs. The maximum number of conversion ADUs allowed shall be no more than 25% of the number of existing or proposed multifamily units. However, in no case shall less than one conversion ADU be allowed. c. Floor Area.
(1) The minimum floor area shall be 150 square feet, or the equivalent of an efficiency unit, whichever is greater.
(2) The maximum floor area shall be 50% of the primary dwelling unit floor area, or 1,200 square feet, whichever is greater.
d. Minimum Setbacks. 4-foot side, street side, and rear yard, except when converting existing and eligible square footage that is less than 4 feet from the side, street side, or rear yard.
e. Parking. No additional parking shall be required.
4. Junior ADUs (JADUs).
a. Location. JADUs must be accompanied by a proposed or existing single-family dwelling on a lot zoned for single-family use. A JADU must be located within the walls of the primary single-family dwelling, including but not limited to, an attached garage. b. Maximum Number of JADUs.
(1) When accompanied by a proposed or existing single-family dwelling, the maximum number of JADUs shall be one. The JADU may be in addition to an existing or proposed detached ADU and an existing or proposed attached ADU. (2) In no case shall the total number of primary dwelling and accessory dwelling units exceed four on any given lot zoned for single-family residential uses. c. Floor Area.
(1) The minimum floor area shall be 150 square feet, or the equivalent of an efficiency unit, whichever is greater.
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(2) The maximum floor area shall be 500 square feet.
d. Parking. No parking shall be required for the JADU.
e. Exterior Access. Access shall be provided to the JADU independent from the primary dwelling.
f. Sanitation Facilities. Sanitation facilities may be separate or shared with the primary dwelling. If shared with the primary dwelling, the JADU shall provide an interior entry to the living area of the primary dwelling, separate from the exterior access required to the JADU.
g. Kitchen Features. An efficiency kitchen shall be provided, including the following minimum features:
(1) A cooktop, refrigerator, and compact sink. A removable hot plate may be considered a cooktop for purposes of this requirement. Appliances shall require no more than a 120-volt electrical connection.
(2) Food preparation counter space of a minimum 24 inches in width and a minimum of one food storage cabinet of a minimum 24 inches in width. h. Occupancy. Owner-occupancy shall be required in either the remaining portion of the primary dwelling or the newly created JADU. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.
i. Deed Restriction. A deed restriction shall be recorded on the property which shall run with the land, and a copy of which shall be provided to the planning department. The deed restriction shall include both of the following:
(1) A prohibition on the sale of the JADU separate from the sale of the single-family dwelling, including a statement that the deed restriction may be enforced against future purchasers.
(2) A restriction on the size and attributes of the JADU that conforms with this section.
5. Development and Occupancy Standards. The following standards shall apply to detached ADUs, attached ADUs, conversion ADUs, and JADUs. a. Fire Sprinklers. Fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary dwelling(s). The construction of an 246
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accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in an existing single-family or multifamily dwelling.
b. Long-Term Rentals Only. Rental of the accessory dwelling unit created pursuant to this section shall be for a term longer than 30 days.
Chapter 17.58 AFFORDABLE HOUSING DENSITY BONUS
17.58.010 Applicability.
The provisions of this section are applicable only to residential projects of five (5) or more units, and senior housing projects of thirty-five (35) or more units.
17.58.020 General Provisions.
A. State Law Governs. The provisions of this section shall be governed by the requirements of Government Code Section 65915 et seq., as amended. Where conflict occurs between the provisions of this chapter and State law, the State law shall govern.
B. Availability. Affordable housing units shall be constructed concurrently with and made available for qualified occupants at the same time as the market-rate housing units within the same project unless both the city and the developer agree to an alternative schedule for development.
C. Effect of Granting Density Bonus. The granting of a density bonus shall not, in and of itself, require a General Plan amendment, zoning change, or other discretionary approval.
D. Income Levels. For purposes of determining income levels of households under this chapter, the city shall use the Fresno County income limits in Title 25, Section 6932 of the California Code of Regulations or other income limits adopted by the City Council if the State department of Housing and Community Development fails to provide timely updates of the income limits in the California Code of Regulations.
E. Duration of Affordability. All affordable housing units shall be kept affordable for a minimum period of fifty-five (55) years or such other term approved by the city, consistent with State law.
F. Regulatory Agreement Required. All affordable housing projects shall be subject to the approval of an agreement pursuant to conforming to the provisions of Sections 65864 to 65869 of the Government Code. The terms of the agreement shall be reviewed 247
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and revised as appropriate by the city planner and/or City Attorney, who shall formulate a recommendation to the decision-making body for final approval. This agreement shall include, but is not limited to, the following:
1. Number of Units. The total number of units approved for the projects, including the number of affordable housing units.
2. Target Units. The location, unit sizes (in square feet) and number of bedrooms of the affordable housing units.
3. Household Income Group. A description of the household income groups to be accommodated by the project and a calculation of the Affordable Sales Price.
4. Certification Procedures. The party responsible for certifying sales prices or annual rental rates, and the process that will be used for certification.
5. Schedule. A schedule for the completion and occupancy of the affordable housing units.
6. Required Term of Affordability. Duration of affordability of the housing units.
Provisions shall also cover resale control and deed restrictions on targeted housing units that are binding on property upon sale or transfer.
7. Expiration of Agreement. Provisions covering the expiration of the agreement, including notice prior to conversion to market rate units and right of first refusal option for the city and/or the distribution of accrued equity for for-sale units.
8. Remedies for Breach. A description of the remedies for breach of the Agreement by either party.
9. If applicable, affordable housing impact fees, including inclusionary zoning fees and in-lieu fees, shall not be imposed on a housing development’s affordable units.
10. Other Provisions. Other provisions to ensure implementation and compliance with this section.
11. For Sale Units. In the case of dwelling units available for sale, the Regulatory Agreement shall provide for the following conditions governing the initial resale and use of affordable housing units:
a. Target units shall, upon initial sale, be sold to eligible Very Low, Lower, or Moderate Income Households at an Affordable Sales Price and Housing Cost. b. Target units shall be initially owner-occupied by eligible Very Low or Lower Income Households.
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c. Upon resale, the seller of a target unit shall retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation. The city shall recapture its proportionate share of appreciation, which shall be used to promote home ownership opportunities as provided for in Health and Safety Code Section 33334.2. The city’s proportionate share shall be equal to the percentage by which the initial sale price to the targeted household was less than the fair market value of the dwelling unit at the time of initial sale.
G. Rental Housing Developments. In the case of rental housing developments, the Regulatory Agreement shall provide for the following conditions governing the use of Target Units during the use restriction period:
1. The rules and procedures for qualifying tenants, establishing affordable rent rates, filling vacancies, and maintaining Target Units for qualified tenants.
2. Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this chapter.
3. Provisions requiring owners to submit an annual report to the city, which includes the name, address, and income of each person occupying Target Units, and which identifies the bedroom size and monthly rent or cost of each Target Unit.
17.58.030 Lower Income Student Housing Standards.
A. All units in the student housing development will be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. In order to be eligible under this subclause, the developer shall, as a condition of receiving a certificate of occupancy, provide evidence to the city that the developer has entered into an operating agreement or master lease with one or more institutions of higher education for the institution or institutions to occupy all units of the student housing development with students from that institution or institutions. An operating agreement or master lease entered into pursuant to this subclause is not violated or breached if, in any subsequent year, there are not sufficient students enrolled in an institution of higher education to fill all units in the student housing development.
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B. The rent provided in the applicable units of the development for lower income students shall be calculated at 30 percent of 65 percent of the area median income for a single-room occupancy unit type.
C. The development will provide priority for the applicable affordable units for lower income students experiencing homelessness. A homeless service provider, as defined in paragraph (3) of subdivision (e) of Section 103577 of the Health and Safety Code, or institution of higher education that has knowledge of a person’s homeless status may verify a person’s status as homeless for purposes of this subclause.
17.58.040 Density.
A. Minimum Density Bonus and Composition of Qualifying Projects. Pursuant to Government Code Section 65915, the city shall grant a density bonus in the amounts in Table 17.58.A over the otherwise allowable maximum residential density permitted by this section and the General Plan, and one (1) or more additional concessions or incentives, consistent with Government Code Section 65915 and this section, if the applicant applies for and proposes to construct any one (1) of the following in the percentages described below in Table 17.58.A:
1. Lower Income Units.
2. Very Low Income Units.
3. Senior Citizen Housing Development.
4. Moderate Income Units.
5. Lower Income Student Housing.
6. Foster Youth, Disabled Veterans, or Homeless Units.
7. Land Donation. An applicant shall be eligible for the increased density bonus described in this subdivision if all of the following conditions are met:
a. The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application. b. The developable acreage and zoning classification of the land being transferred are 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 of the proposed development.
c. The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is 250
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appropriately zoned with appropriate development standards for development at the density described in paragraph (3) of subdivision (c) of Section 65583.2, and is or will be served by adequate public facilities and infrastructure. d. The transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, not later than the date of approval of the final subdivision map, parcel map, or residential development application, except that the local government may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Section 65583.2 if the design is not reviewed by the local government before the time of transfer.
e. The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent subdivision (B), which shall be recorded on the property at the time of the transfer.
f. The land is transferred to the city or to a housing developer approved by the local agency. The local agency may require the applicant to identify and transfer the land to the developer.
g. 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.
h. 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.
TABLE 17.58.A
DENSITY BONUS BY BASE DENSITY AFFORDABLE UNIT PERCENTAGE 251
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Affordable Unit Percentage (%) Density Bonus
Very Low Income Low Income Moderate Income1 Land Donation Senior Citizen Housing Foster Youth, Disabled Veterans, Homeless Lower Income Students
5 20 0 0 0 20 0 0
6 22.5
7 25
8 27.5
9 30
10 32.5 20 5 15 20
11 35 21.5 6 16
12 38.75 23 7 17
13 42.5 24.5 8 18
14 46.25 26 9 19
15 50 27.5 10 20
16 29 11 21
17 30.5 12 22
18 32 13 23
19 33.5 14 24
20 35 15 25 35
21 38.75 16 26
22 42.5 17 27
23 46.25 18 28
24 50 19 29
25 20 30
26 21 31
27 22 32
28 23 33
29 24 34
30 25 35
31 26
32 27
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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
1002 80 80 80
1 Moderate Income units may be for sale or for rent.
2100% affordable projects located within one-half mile of a major transit stop or in a very low vehicle travel area, the city shall not impose any limit on density.
B. Calculation of Density Bonus Units. When calculating the number of permitted density bonus units, all fractional units shall be rounded to the next higher whole number. The applicant who requests a density bonus for a project that meets two (2) or more of the eligibility requirements depicted in paragraph (1) shall specify whether the bonus shall be awarded on the basis of Section 17.58.040, Minimum Density Bonus and Composition of Qualifying Projects. The density bonus shall not be included when determining the number of target units to be provided in a development project.
C. Optional Density Bonus. The city may grant a proportionally lower density bonus and/or provide concessions and/or incentives set forth in Section 17.58.060, Affordable Housing Concessions and Incentives, if an applicant agrees to construct a development containing less than the percentage of housing for lower or very low income households than provided in Subsection (A) of this section.
17.58.050 State Childcare Facility Density Bonus.
A. Basic Requirements. When an applicant proposes to construct a housing development that conforms to the requirements of the State Density Bonus law and 253
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includes a childcare facility other than a Family Day Care Home that will be located on the premises of, as part of, or adjacent to, the project, the city shall grant either of the following:
1. Additional Density Bonus. A density bonus of additional residential units equal in square footage to the amount of square feet of the childcare facility. For example, a 5,000 square foot childcare facility would result in a density bonus of 5,000 square feet of dwelling units.
2. Additional Concession or Incentive. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility.
B. Conditions of Approval. The city shall require, as a condition of approving the housing development that the following occur:
1. Length of Operation. The childcare facility remains in operation for a period of time that is as long as, or longer than the length of time during which the affordable housing units shall remain affordable.
2. Attending Children. The percentage of children of very low, low or moderate income households who attend the childcare facility shall be the same or greater than the percentage of dwelling units in the project that are required for households at each income level.
C. Exceptions. The city shall not be required to provide a density bonus or concession for a childcare facility if it finds that, based upon substantial evidence, the community has adequate childcare facilities.
17.58.060 Affordable Housing Concessions and Incentives.
A. Number of Incentives or Concessions. Pursuant to Government Code Section 65915, an applicant is entitled to receive incentives and/or concessions as follows:
1. One (1) incentive or concession for projects that include at least ten (10) percent of the total units for lower income households, at least five (5) percent for very low income households, or at least ten (10) percent for persons and families of moderate income in a condominium or planned development; or
2. One (1) incentive or concession for senior citizen housing developments; or
3. One (1) incentive or concession for projects that include at least 20 percent of the total units for lower income students in a student housing development; or 254
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4. Two (2) incentives or concessions for projects that include at least seventeen (17) percent of the total units for lower income households, at least ten (10) percent for very low income households, or at least twenty (20) percent for persons and families of moderate income in a condominium or planned development; or
5. Three (3) incentives or concessions for projects that include at least twenty-five (25) percent of the total units for lower income households, at least fifteen (15) percent for very low income households, or at least thirty (30) percent for persons and families of moderate income in a condominium or planned development; or
6. Four (4) incentives or concessions for projects that include at least fourty-five (45) percent of the total units for persons or families of moderate income or at least sixteen (16) percent for persons or families of moderate income in a development in which the units are for sale.
7. Five (5) incentives or concessions for projects with one hundred (100) percent of the total units for lower income households, or at least eighty (80) percent lower income and the remaining amount for persons and families of moderate income in a condominium or planned development. If the project is located within one-half mile of a major transit stop or is located in a very low vehicle travel area in a designated county, the applicant shall also receive a height increase of up to three additional stories, or 33 feet.
8. The applicant who requests incentives or concessions for a mixed-income project shall specify whether the incentives or concessions shall be awarded on the basis of paragraphs (a) through (f) of this section.
B. Proposal of Incentives and Findings. An applicant may propose specific incentives or concessions that would contribute significantly to the economic feasibility of providing affordable units pursuant to this section and State law. In addition to any increase in density to which an applicant is entitled, the city shall grant one (1) or more incentives and/or concessions that an applicant requests, up to the maximum number of incentives and concessions required pursuant to Subsection (A), unless the city makes a written finding that either:
1. The concession or incentive is not necessary in order to provide the proposed targeted units, or
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2. The concession or incentive would have a specific adverse impact that cannot be feasibly mitigated on public health and safety or the physical environment or any property that is listed in the California Register of Historical Resources.
3. Notwithstanding the restriction in Subsection (A) above, the applicant may propose and the city may approve additional incentives and concessions for an eligible project that provides targeted units that meet two (2) or more of the eligibility requirements based on a written finding that the additional incentives or concessions are necessary in order to make the project economically feasible.
C. Types of Affordable Housing Incentives. Affordable housing incentives may consist of any combination of the items listed below:
1. Reduction of Modification of Development Standards. A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that still meet or exceed the minimum building code standards and fire code standards, including, but not limited to:
a. Reduced minimum lot sizes and/or dimensions.
b. Reduced minimum building setbacks and building separation requirements. c. Reduced minimum outdoor and/or private usable open space requirements. d. Increased maximum lot coverage.
e. Increased maximum building height.
2. Parking. Upon the applicant’s request, the following maximum parking standards, inclusive of handicapped and guest parking, shall apply to the entire project.
Further reductions in required parking may be requested as one (1) of the incentives allowed under Subsection (1).
a. One (1) on-site space for studios to one (1) bedroom units; b. Two (2) on-site spaces for two (2) to three (3) bedroom units; and c. Two and a half (2.5) on-site spaces for four (4) more bedroom units. d. For purposes of this section, at the applicant’s request, on-site parking may be provided through tandem parking or uncovered parking but not through on-street parking.
3. Mixed Use Zoning. Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial or other land uses will reduce the cost of the 256
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housing development and such uses are compatible with the housing project and the surrounding area.
4. Other Incentives. Other regulatory incentives or concessions proposed by the developer or the city that result in identifiable cost reductions or avoidance, including the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted under this subdivision (2).
17.58.070 Application Requirements and Review.
A. An application for a density bonus, incentive, concession, waiver, modification, or revised parking standard pursuant to this section shall be submitted in conjunction with the project application and shall be processed concurrently with all other applications required for the project. The application shall be submitted on a form provided by the city or, if the city has not prepared a form, the following information shall be provided:
1. A site plan showing the total number of units, the number and location of the units dedicated pursuant to California Government Code Section 65915(b), and the number and location of the proposed density bonus units;
2. The level of affordability of the dedicated units;
3. A description of any requested incentives, concessions, waivers or modifications of development standards, or modified parking standards and evidence demonstrating that the application of the subject standard or requirement would preclude construction of the project at the densities provided for in California Government Code Section 65915 and that the waiver or modification is necessary to make development of the project financially feasible at the densities provided for in California Government Code Section 65915. Preparation of an additional report or study not otherwise required by state law shall not be required;
4. If a density bonus is requested for a land donation pursuant to California Government Code Section 65915(h), the application shall show the location of the land to be dedicated and provide evidence that the requirements of Section 65915(h) have been met, thus entitling the project to the requested density bonus; and
5. If a density bonus is requested for construction of a child care facility pursuant to California Government Code Section 65915(i), the application shall show the location and 257
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square footage of the proposed facility and provide evidence that the requirements of Section 65915(i) have been met, thus entitling the project to the requested density bonus.
B. Completeness review shall be limited to the items requested in the form or, if the city has not prepared a form, the information in subdivision (A). Revisions to the application shall apply prospectively and not to existing applications.
C. If the application has been determined to be incomplete, the city shall provide the applicant with an exhaustive list of items that were not complete. That list shall be limited to those items actually required on the city’s submittal requirement checklist. In any subsequent review, the city shall not request the applicant to provide any new information that was not stated in the initial list of items that were not complete. Appeals of this determination can be made in accordance with the appeals procedure of Section
17.72.070, except that a final written determination shall be made no later than sixty (60) days after receipt of the applicant’s written appeal.
D. If the applicant has been determined to be complete, the city shall immediately transmit its written determination to the applicant.
E. If the city does not transmit to the applicant its written determination within thirty (30) days, the application shall be deemed complete and processing shall commence.
F. Upon mutual agreeance between the city and the applicant, an extension of these timeframes shall be permitted.
17.58.080 Density Bonus Review.
After the application has been deemed complete, the city shall provide the applicant with a determination as to the following matters:
A. The amount of density bonus for which the applicant is eligible; B. The parking ratio for which the applicant is eligible, if requested; C. Whether the applicant has provided adequate information for the city to make a determination as to the incentives, concessions, or waiver or reduction of developments requested by the applicant.
D. Appeals. Decisions to deny an incentive, concession, or waiver may be appealed in accordance with the appeal procedures of Section 17.72.070.
17.58.090 Definitions.
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A. “Affordable Sales Price” means a sales price at which lower or very low income households can qualify for the purchase of target units, calculated on the basis of underwriting standards of mortgage financing available for development.
B. “Housing Cost” means the sum of actual or projected monthly payments for all of the following associated with for-sale target units: principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, homeowners' association fees, and a reasonable allowance for utilities.
C. “Target Unit” means a dwelling unit within a housing development which will be reserved for sale or rent to, and affordable to, very low, lower or moderate income, or senior citizen households.
D. “Lower Income Units” means units that are affordable to lower income households, as defined in Section 50079.5 of the Health and Safety Code.
E. “Very Low Income Units” means units that are affordable to very low income households, as defined in Section 50105 of the Health and Safety Code.
F. “Senior Citizen Housing Development” means a housing development that qualifies as a Senior Citizen Housing Development, as defined in Section 51.3 of the Civil Code.
G. “Moderate Income Units” means units in a condominium project, or in a Planned Development, as defined in Subdivision (k) of Section 1351 of the Civil Code, that are affordable to persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code.
H. “Lower Income Student Housing” means units in a student housing development are affordable for lower income students.
I. “Foster Youth, Disabled Veterans, or Homeless Units” means units that are affordable for transitional foster youth, as defined in Section 66025.9 of the Education Code, 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.).
Chapter 17.60 GENERAL PROVISIONS AND EXCEPTIONS
17.60.010 Addition of permitted uses.
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Upon receipt of an application, or on its own initiative, the planning commission may, by resolution, add a use to the lists of permitted uses, permitted uses subject to administrative approval, and conditional uses prescribed in Chapters 17.16 through
17.48 of this code, if the commission makes the following findings, as applicable:
A. That the addition of the use to the list of permitted uses will be in accordance with the purposes of the district in which the use is proposed.
B. That the use has the same basic characteristics as the uses permitted in the district.
C. That the use reasonably can be expected to conform with the required conditions for the district.
D. That the use will not be detrimental to the public health, safety or welfare, or adversely affect the character of any district in which it would be located.
E. That the use will not create more vehicular traffic than the volume normally created by the uses permitted in the district.
F. That the use will not create more odor, dirt, smoke, noise, vibration, illumination, glare, unsightliness or any other objectionable influence than the amount normally created by any of the other uses permitted in the district.
G. That the use will not create any greater hazard of fire or explosion than the hazards normally created by any of the uses permitted in the district.
When a use has been added to a list of permitted uses, permitted uses subject to administrative approval or conditional uses in accordance with the procedure prescribed in this section, the use shall be deemed to be listed as a permitted use in the appropriate section and shall be added to the text of that section of this ordinance when it is next published with a notation of the date when the use was added to the list. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.60.020 Coverage—Measurement.
The percent of the site area covered by structures shall be measured by dividing the number of square feet of horizontal floor area covered by structures, open or enclosed, by the total horizontal area within the property lines of the site. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
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17.60.030 Yard spaces.
A. No yard space about any structure in compliance with the regulations for the district in which it is located shall be deemed to provide a yard for any other structure, and no yard on one site shall be deemed to provide a yard space for a structure on another site.
B. Where two or more dwellings are located on the same lot, and any one of them has a door facing a side yard, such dwelling shall be located not less than ten (10) feet from the adjacent side lot line. A door shall be deemed to face a side yard if the wall in which the door is set is located at an angle of forty-five (45) degrees or less to the side yard. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.60.040 Yard requirements—Measurement.
Required yards shall be measured as the minimum horizontal distance from the property line of the site or street line to a line parallel thereto on the site: provided that where a precise street plan has been adopted by the city council, required front yards shall be measured from the plan line, and no provision of this ordinance shall be construed to permit a structure or use to extend beyond such line. Where a site abuts on a street having only a portion of its required width dedicated or reserved for street purposes, site area and required yards shall be measured from a line representing the boundary of the additional width required for street purposes abutting the site. Where a site abuts a public alley, required yards shall be measured from the nearest line of the alley, except that garages and carports having access perpendicular from the alley right-of-way shall be located a minimum of twenty-seven (27) feet from the opposite alley right-of-way line. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.60.050 Yard requirements—Exceptions.
A. Architectural features including sills, chimneys, fireplaces, cornices and eaves may extend into a required side yard, a required rear yard, or a space between structures not more than thirty-six (36) inches and may extend into a required front yard not more than six feet, provided that where an architectural feature extends more than twenty-four (24) inches into a required side yard, said extension shall be protected by a minimum one 261
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hour fire resistant standard. No building or projection thereof, except a garden structure, may extend into a public easement.
B. Open, unenclosed, uncovered metal fire escapes and depressed ramps or stairways may project into any required yard or space between buildings not more than four feet; planter boxes attached to a building, may be extended into a required front yard by not more than three feet.
C. Fences, walls, hedges, garden structures walks, driveways and retaining walls may occupy any required yard or other open spaces, subject to the limitations prescribed in the district regulations, and except that the provisions of this ordinance shall not apply to a fence or wall necessary for public safety or as required by any law or regulation of the State of California or any agency thereof, and further that a chainlink fence up to seven feet in height may be located in any required front yard in conjunction with public and quasi-public uses.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.60.060 Through lots.
A front yard shall be provided on each frontage of a through lot, except where a waiverof-access has been dedicated to one of the frontages. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.60.070 Maintenance of landscaped areas.
A landscaped area provided in compliance with the regulations prescribed in this ordinance or as a condition of a site plan review, a use permit or variance shall be planted with live and healthy plant materials suitable for screening or ornamenting the site, whichever is appropriate, and plant materials shall be replaced as needed to screen or ornament the site. Landscaped areas shall be watered, weeded, pruned, fertilized, sprayed or otherwise maintained to assure compliance with the regulations requiring landscaped areas. Landscaped areas within sites subject to site plan review shall be watered by automatic systems.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.60.080 Maintenance and elimination of non-conforming sites, uses, and structures. 262
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A. Purposes and Application.
1. A non-conforming use is a use of a structure or land which was lawfully established and maintained prior to the adoption of this ordinance, but which does not conform with the use regulations for the district in which it is located. This section is intended to limit the number and extent of nonconforming uses by limiting their enlargement and prohibiting their reestablishment after abandonment, and by prohibiting the alteration of the structures they occupy and their restoration after destruction.
2. A non-conforming structure is a structure which was lawfully erected prior to the adoption of the ordinance codified in this section, but which does not conform with the standards of coverage, yard space, height of structures or distance between structures prescribed in the regulations for the district in which the structure is located. While permitting the use and maintenance of non-conforming structures, this section is intended to limit the number and extent of non-conforming structures by prohibiting their being moved, altered or enlarged so as to increase the discrepancy between existing conditions and the standards prescribed in this title and by prohibiting their restoration after destruction, within a reasonable period of time.
3. Priorities for enforcement under this section shall be as follows, in descending order of importance:
a. Uses and structures listed under Section 17.60.080 G. b. Non-conforming uses.
B. Continuation and Maintenance.
1. A use lawfully occupying a structure or a site on the effective date of the ordinance codified in this section or of amendments thereto which does not conform with the use regulations for the district in which the use is located shall be deemed to be a nonconforming use and may be continued, except as otherwise provided in this section.
2. A structure lawfully occupying a site on the effective date of the ordinance codified in this section or of amendments thereto, which does not conform with the standards of coverage, front yard, side yards, rear yard or distances between structures prescribed in the regulations for the district in which the structure is located, shall be deemed to be a non-conforming structure and may be used and maintained except as otherwise provided in this section.
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3. A sign or outdoor advertising display of any character lawfully occupying a site on the effective date of the ordinance codified in this section or amendments thereto, which does not conform with the standards for subject matter, location, size, lighting, or movement prescribed for the district in which it is located, shall be deemed to be a nonconforming sign or outdoor advertising structure, and may be displayed and maintained except as otherwise provided in this section.
4. Routine maintenance and repairs may be performed on a structure or site, the use of which is non-conforming, on a nonconforming structure, and on a non-conforming sign or outdoor advertising structure.
C. Alterations and Additions to Non-Conforming Uses and Signs. Except as provided in Sections 17.60.080 D. through I., no structure, the use of which is non-conforming, and no non-conforming sign shall be moved, altered, or enlarged unless required by law or unless the moving, alteration or enlargement will result in the elimination of the nonconforming use. No structure partially occupied by a non-conforming use shall be moved, altered or enlarged in such a way as to permit the enlargement of the space occupied by the non-conforming use.
D. Alterations and Additions to Non-Conforming Structures. No non-conforming structure shall be altered or reconstructed so as to increase the amount of floor space or the discrepancy between existing conditions and the standard of coverage, front yards, side yards, rear yard, height of structure or distances between structures prescribed in the regulations prescribed for the district in which the structure is located, except as may be permitted through the granting of a conditional use permit under the provisions of Chapter 17.68. The modest expansion of a non-conforming use which may be allowed within any zoning district under conditional use permit procedures shall not exceed twenty-five (25) percent of the existing floor area of the structure.
E. Abandonment of a Non-Conforming Use. Whenever a non-conforming use has been abandoned, discontinued or changed to a conforming use for a continuous period of one year, the non-conforming use shall not be reestablished, and the use of the structure or site thereafter shall be in conformity with the regulations for the district in which it is located.
F. Restoration of a Damaged Structure.
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1. Whenever a non-conforming use, or a non-conforming structure shall be destroyed by fire or other calamity, or by an act of God or by the public enemy to the extent of less than sixty (60) percent, the structure may be restored and the nonconforming use may be resumed, provided that restoration is started within six months and diligently pursued to completion. The extent of damage to any structure shall be determined by the building official, and shall be based upon the ratio of the estimated cost of restoring the use or structure to its condition prior to such damage to the estimated cost of duplicating the entire structure as it existed prior thereto.
2. Whenever a non-conforming use or structure is destroyed to the extent of sixty (60) percent or more of square foot of the structure by fire, weather related causes, or any other cause, the structure shall not be restored except in full conformity with the uses and regulations for the zone district in which the non-conforming use or structure is located, and the non-conforming use shall not be resumed. Except that, the provisions of this Subsection F.2. shall not apply to non-conforming residential structures and incidental and accessory structures and uses located in the Central Commercial Zone District and the Resource Conservation and Open Space Zone District. Such nonconforming residential structures and incidental and accessory structures and uses may be fully restored and resumed even though the damage to the non-conforming residential structure and incidental and accessory structures exceeds sixty (60) percent or more of the square footage of the non-conforming residential structure and/or incidental and accessory structures. Subject to the provisions of this Subsection F.2. the restoration of any non-conforming residential structure and incidental and accessory structures and uses in the Central Commercial Zone District and the Resource Conservation and Open Space Zone District must comply with all applicable provisions of this Code and all applicable City requirements including, without limitation, setbacks, lot coverage, and parking requirements existing on the date of issuance of the building permit for the restoration of the non-conforming residential structure and incidental and accessory structures and uses. This exception to the provisions of Subsection F.2. may be exercised only by the person or entity owning the non-conforming residential structure and incidental and accessory structures on the date of destruction of the non-conforming residential structure and incidental and accessory structures.
G. Elimination of Non-Conforming Uses and Structures.
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1. The following non-conforming uses and structures shall be discontinued and completely removed or altered and converted to a conforming status within five years after the effective date of this ordinance:
a. A non-conforming use which does not occupy a structure. b. A non-conforming use occupying a structure having an assessed valuation of less than two hundred (200) dollars.
c. A non-conforming outdoor advertising structure.
d. Abandoned or dilapidated signs in accordance with the provisions of Section
17.56.040 D.11.
2. A non-conforming home occupation shall be discontinued within one year of the adoption of the ordinance codified in this section.
3. Uses permitted only within a RA, R or RM district which are located in a C or I district, and uses permitted only within a C or I district which are located within a RA, R or RM district shall be completely removed or altered and converted to a conforming status upon abandonment of the previous use for six months or more. When a nonconforming use is removed, every future use shall be in conformity with the provisions of this title. Repairs necessary to maintain a non-conforming use and other maintenance (excluding signs), not exceeding an assessed valuation of two thousand five hundred dollars ($2,500.00) shall not be construed as lengthening the useful life of the nonconforming use.
4. Fences, walls and hedges which do not conform to the provisions of this ordinance governing the erection of fences, walls and hedges in relation to street intersections shall, within one month of receipt of written notification by the community development department, be removed or made to conform.
H. Time When a Use, Structure or Sign Becomes Non-Conforming. Whenever a use or structure becomes non-conforming because of a change of zoning district boundaries or a change of regulations for the district in which the site is located, the period of time prescribed in this section for the elimination of the use shall be computed from the effective date of the change of district or regulations, and the building official shall carry out the provisions of Section 17.60.080 I. In respect thereto.
I. Records and Notification of Non-Conforming Status.
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1. Within one hundred eighty (180) days after the effective date of the ordinance codified in this section, and amendments thereto, the planning department shall compile a list of all structures or uses which shall have become non-conforming by the adoption of the ordinance codified in this section under the provisions of Section 17.60.080 H., together with a description of their locations and the names and addresses of all persons whose names appear on the latest adopted tax roll of San Joaquin County as owning such non-conforming structures, uses or signs, which list shall be recorded in the office of the San Joaquin County Recorder with copies placed on file with each title company operating within San Joaquin County.
2. Within one year after the effective date of the ordinance codified in this section, the planning department shall notify, in writing, the owners of all non-conforming structures, uses, signs and fences, walls and hedges, of the non-conforming status of their property and the date when such structure or use shall be removed or made conforming by said owners, if such removal or conformance is required by the provisions of this ordinance. An excerpt of the ordinance codified in this section will be attached to said notice which excerpt shall include all of the provisions of Section 17.60.080 of this chapter.
J. Effect of Eminent Domain. If any land, right-of-way or easement be taken by eminent domain, or be granted to the condemnor under actual threat of suit in eminent domain, the following provisions and exceptions shall apply:
1. If the area of a lot is reduced below the minimum requirement thereby, such lot shall be deemed to be a legal substandard lot under the provisions of Section 17.08.030 G., and any existing building or structure thereon shall be deemed to be non-conforming.
2. If a required yard is reduced or eliminated thereby, any affected building or structure shall be deemed non-conforming, provided, however, that such building or structure may be structurally altered or enlarged as long as such alterations or enlargements comply with all other requirements of the zoning district.
3. If any required parking space on a lot is reduced or eliminated thereby, the provisions of Chapter 17.84 shall not be construed to require the replacement of the required parking space.
K. Change of Non-Conforming Use. Except as otherwise set forth in this section, the nonconforming use of a structure or site may be changed to another nonconforming use 267
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provided the change of use is approved by the planning commission in accordance with the following procedure:
1. An application for a change of use shall be made to the commission on a form prescribed by the commission, which form shall include the following data:
a. The name and address of the applicant;
b. A statement that the applicant is the owner of the property or is the authorized agent of the owner;
c. The address or description of the property; and
d. A statement of the precise nature of the existing or pre-existing nonconforming use, the proposed nonconforming use, and any other data pertinent to the findings prerequisite to the granting of the application as set forth in Subsection 4 of this Subsection, below.
The application shall be filed with the planning department. Notice shall be given to the applicant of the time when the application will be considered by the council, and notice may be given of the time to any other interested party.
2. The commission shall hold a public hearing on an application for a change of use.
Notice of the hearing shall be given not less than ten (10) days nor more than thirty (30) days, prior to the date of the hearing in the manner set forth in Chapter 17.68 of this code.
3. The planning director shall make an investigation of the application and shall prepare a written report thereon, which report shall be submitted to the commission. The commission shall consider the report of the director before taking action on the application.
4. The commission may grant an application for a change of use if, on the basis of the application and the evidence submitted, the commission makes the following findings:
a. That the proposed use is classified in a more restricted category than the existing or pre-existing use by the district regulations of this title. The classification of a nonconforming use shall be determined on the basis of the district in which it is first permitted; provided, however, a conditional use shall be deemed to be in a less restrictive category than a permitted use in the same district;
b. That the proposed use will not more adversely affect the character of the district in which it is proposed to be located than the existing or pre-existing use; 268
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c. That the proposed use will not create more vehicular or rail traffic than the volumes created by the existing or pre-existing use;
d. That the proposed use will not create more odor, dust, dirt, smoke, noise, vibration, illumination, glare, unsightliness, or any other objectionable influence than the amount created by the existing or pre-existing use; and e. That the proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.
5. The planning commission may grant an application for a change of use for a limited time period, or subject to such conditions as the commission may prescribe. The commission may deny an application for a change of use.
6. An action of the commission granting an application for a change of use shall become null and void six months following the date of the action unless, prior to the expiration of six months, a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the application.
The action of the commission may be made effective for an additional six months if, within six months of the original application, an application to continue the action in effect is made to the commission. The commission may grant or deny an application to continue its action in effect.
7. An action of the commission granting an application for a change of use subject to conditions shall be revoked by the commission for lack of compliance with any of the conditions.
8. Following the date of denial of an application for a change of use or the revocation of an action of the commission granting an application, no application for the same, or substantially the same, structure or on the same, or substantially the same, site shall be filed within six months of the denial of the application or the revocation of the action of the commission.
L. Use of Non-Conforming Sites. Except as otherwise provided in this section, a site having an area, frontage, width or depth, less than the minimum prescribed for the district in which the site is located, which is shown on a duly approved and recorded subdivision map, or for which a deed or valid contract of sale was of record prior to the adoption of the ordinance codified in this title, and which had a legal area, frontage, width and depth at the time that the subdivision map, deed or contract of sale was 269
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recorded, may be used for any permitted use listed for the district in which the site is located, but shall be subject to all other regulations for such district. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
(Ord. No. 2015-02, § 1, 4-15-2015)
17.60.090 Clarification of ambiguity—Interpretation.
A. In event of need for any clarification or interpretation of the provisions of this title, the planning commission shall ascertain all pertinent facts and by resolution shall set forth its findings and transmit the resolution to the city council. If approved by the council, said clarifications or interpretation shall govern until modified by resolution adopted in like manner or by appropriate amendment to this title.
B. The authority of the planning commission and city council prescribed by this section shall apply in all of the following cases:
1. If ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this title, subject to the requirements of Section
17.60.010;
2. If ambiguity exists with reference to matters of height, yard area, and other requirements;
3. If uncertainty exists with reference to a zone district boundary;
4. If an unforeseen condition arises or technological changes have been introduced which require interpretation of their impact on the provisions of this ordinance.
5. If ambiguity or uncertainty arises as to the meaning of any word or provision contained in this title.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.60.100 Height limitations—Measurement and exceptions.
A. The height of a structure shall be measured vertically from the average elevation of the surface of the ground covered by the structure to the highest point of the structure; provided, however, the provisions of this section shall not apply to the height of any structure necessary for public safety or as required by any law or regulation of the state or an agency thereof.
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B. Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, air conditioning equipment or similar equipment required to operate and maintain buildings, and fire and parapet walls, skylights, towers, spires, cupolas, road signs (where permitted), flagpoles, chimneys, smokestacks, television and radio masts, or similar structures, may be erected above the height limit but shall not be allowed for the purpose of providing additional floor space. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.60.110 Yard sales and garage sales within residential areas.
The sale of personal possessions, whether within or outside of a dwelling within an RA, R, RM or PO zoning district shall be limited to no more than two such sales per year.
Commonly referred to as yard sales or garage sales, such sales shall be conducted for periods no longer than three days, and un-sold possessions shall be removed from public view and stored within the premises. Materials to be sold shall be personal possessions.
No materials shall be offered for sale which have been acquired solely for the purposes of the "yard sale" or "garage sale". Possessions offered for sale shall be neatly displayed.
The driveway, yard, or other space used for purposes of the sale shall be restored to its normal residential character at the conclusion of the sale. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
Chapter 17.64 USES PERMITTED BY ADMINISTRATIVE APPROVAL
17.64.010 Purposes and application.
The purpose of requiring administrative approval of certain enumerated uses is to determine whether or not, in any particular case, a use listed under a section of district regulations entitled "Permitted Uses: Administrative Approval" should be treated as a conditional use because of the peculiar circumstances and conditions of the case. This chapter sets forth the procedure for approval of such use by an administrative act where findings can be made that such use is in conformance with the intent and provisions of the district regulations and other applicable regulations of the ordinance codified in this title. The provisions of this chapter take cognizance of the impracticality of listing certain uses as categorically possessing the characteristics of those uses listed under either the 271
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permitted use or conditional uses—commission approval sections of the various districts provided in the ordinance codified in this title.
Except as provided in Sections 17.64.050 and 17.64.070 of this chapter, the provisions of Sections 17.64.010 through 17.64.060 shall apply to all uses listed as permitted uses, subject to administrative approval.
As a matter of policy, any use listed as subject to administrative approval shall be considered as if it were a permitted use in the district where listed unless otherwise found to require modifications under the review procedures provided in this chapter. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.64.020 Procedure.
A. An application for administrative approval shall be submitted to the planning department on a form prescribed by the department. The application shall include a statement of the use proposed and a site plan prepared in accordance with Chapter 17.68.
B. The planning director shall review the proposed use to ascertain all facts pertinent thereto, and in writing, shall state either approval or approval with conditions of the proposed use, together with his/her findings and reasons for such decision within fifteen (15) working days of the filing of the application.
C. In approving the use, the director shall impose such conditions and requirements as may be applicable as listed under Sections 17.68.080 and 17.72.060. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.64.030 Findings.
The director may grant an application for administrative approval as the permit was applied for or in modified form, if, on the basis of the application and evidence submitted, the director is able to make the findings prescribed under Section 17.68.070, plus the following additional findings:
A. That the use will not involve any process, equipment or materials which, in the opinion of the director, will be objectionable to persons living or working in the vicinity by reasons of odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration, illumination, glare or unsightliness or to involve any hazard of fire or explosion.
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B. That the proposed use will be harmonious with existing structures and use of land in the vicinity.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.64.040 Notice of decision.
One copy of the written decision of the director shall be signed and dated by the director and mailed to the applicant.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.64.050 Appeals.
A. In the event the applicant is not satisfied with any condition or conditions of approval imposed by the director, the applicant may submit an application to the planning commission for a conditional use permit in the manner prescribed in Chapter
17.68. In submitting an application for a conditional use permit, only that information and data required under Chapter 17.68 need be submitted which is required in addition to that previously submitted as part of the application for administrative approval.
B. Except as provided in Subsection C, of this section, in the event the application for administrative approval is disapproved by the director, the application, upon written appeal from the applicant within ten (10) days following the notice of the decision date pursuant to the provisions in Section 17.64.040 this chapter, shall automatically become an application for conditional use permit and shall be processed in the manner prescribed in Chapter 17.68. The applicant shall submit such additional information and data required by the provisions of Chapter 17.68 as not previously submitted with his/her application for administrative approval, within five days following the filing of an appeal.
C. Appeals filed in the event of director disapproval of an application for a mobilehome on a permanent foundation shall be processed as provided under Subsections D., E., and F. of this subsection.
D. Within ten (10) days following the date of a decision by the director, the decision may be appealed in writing to the planning commission by the applicant or any interested party. An appeal shall be filed with the planning department, and shall state specifically wherein it is claimed that there was an error or abuse of discretion by the director, or wherein the decision is not supported by the evidence in the record. 273
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E. The director shall give notice in writing to the applicant and to the appellant (if the applicant is not the appellant) of the time when the appeal will be considered by the commission.
F. The commission shall hear the appeal at its next regular meeting to be held not less than fourteen (14) days after the filing of the appeal. The commission may affirm, modify or reverse a decision of the director, provided that if the decision is modified or reversed, the commission shall, on the basis of the record and such additional evidence as may be submitted, make the determination required under Section 17.68.070 of this title. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.64.060 Revocation.
Upon violation of any applicable provisions of this title, or, if granted subject to a condition or conditions, upon failure to comply with the condition or conditions, a use permit shall be suspended automatically. Notice of such suspension shall be sent immediately to the person or persons responsible for non-compliance by the building official. Within thirty (30) days of the suspension, the city council shall consider the suspension. If not satisfied that the regulation, general provision, condition or conditions are being complied with, the city council may revoke the use permit or take such action as may be necessary to ensure compliance with the regulation, general provision, condition or conditions.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.64.070 Building permit.
Before a building permit shall be issued for any building or structure proposed as part of an approved application for administrative approval, the building official shall determine that the proposed building location, facilities and improvements are in conformity with the site plan and conditions as approved.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.64.080 Review of utility towers and lines.
A. Application. The provisions of this title shall not be construed as to limit or interfere with the construction, installation, operation and maintenance of any use 274
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coming under the jurisdiction of the public utilities commission, which uses are related to the public utility purposes of water and gas pipes, mains and conduits, telegraph and telephone lines, pole mounted repeaters, telephone booths, sewers and sewer mains, electric light and power distribution and transmission lines, except as provided in Subsection B. of this section.
B. Procedure.
1. The routes of proposed gas or electric transmission lines shall be submitted to the planning department for review and recommendations. The department shall confine its review to the route, placement and height of such towers or lines and the effect on land use. Power transmission lines shall be those lines which are intended to transmit gas or electric energy from the source of such energy to a receiving substation, or from a receiving substation to a distribution substation.
2. Prior to the acquisition of rights-of-way, the following plans and information shall be submitted to the director for review and recommendations:
a. The location of the proposed route.
b. Type of towers and transmission lines.
c. Approximate height of towers or size of lines.
d. Widths of rights-of-ways.
e. Other pertinent data.
3. The director may, when in the public interest, recommend such modifications as deemed necessary to protect the health, safety and welfare.
4. The director shall complete the review and make findings within sixty (60) days after the filing of said plans and data.
C. Appeals. The recommendations of the director may be appealed to the planning commission within ten (10) days of the completion of the review and findings. The appeal shall be placed on the agenda of the commission's next regular meeting. The commission shall review the findings and recommendations and shall act to uphold, modify or disapprove the recommendations of the director.
D. Effect of Regulations. These regulations are intended to provide constructive advice by the city to a public utility engaged in the routing of electrical or gas transmission lines through the city, thereby assisting in the selection of those transmission line routes which will best meet the needs of the public health, safety and general welfare. 275
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(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
Chapter 17.68 PERMITS FOR CONDITIONAL USE
17.68.010 Purposes.
In certain districts, conditional uses are permitted subject to the granting of a use permit.
Because of their unusual characteristics, conditional uses require special considerations so that they may be located properly with respect to the objectives of the zoning ordinance and their effects on surrounding properties. In order to achieve these purposes, and thus give the district use regulations of this title additional flexibility necessary to achieve the objectives of this title, the planning commission is empowered to grant or to deny applications for use permits and to impose reasonable conditions upon the granting of use permits.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.68.020 Powers of the planning commission.
The planning commission may grant use permits for such conditional uses in such districts as are prescribed in the district regulations of this ordinance, in accordance with the procedure prescribed in this chapter.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.68.030 Application and fee.
Application for a use permit shall be made to the planning department, which shall include the following data:
A. Name and address of applicant.
B. Statement that the applicant is the owner of the property or is the authorized agent of the owner or the plaintiff in an action of eminent domain to acquire the property involved.
C. Address or description of the property.
D. Statement setting forth the precise circumstances or conditions applicable to the land, structure or use which makes the granting of a use permit necessary for the 276
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preservation and enjoyment of a substantial property right, together with any other data pertinent to the findings prerequisite to the granting of a use permit.
E. Preliminary floor plans and front, side and rear elevations of proposed structures, if available.
F. Prints of a site plan, drawn to scale, which shall indicate clearly and with full dimensions, the information prescribed by the planning director. Such information may include, but shall not be limited to, the following:
1. Lot or site dimensions.
2. All buildings and structures: location, size, height, proposed use.
3. Yards and space between buildings.
4. Walls and fences: location, height and materials.
5. Off-street parking and off-street loading location, number of spaces and dimensions of parking and loading areas, internal circulation pattern.
6. Access: pedestrian, vehicular, service; points of ingress and egress; internal circulation.
7. Signs: location, size height and type of illumination, including hooding devices.
8. Lighting: location and general nature; hooding devices.
9. Street dedications and improvements.
10. Landscaping: location and type.
11. Refuse containers: location and type.
12. North arrow and scale of the drawing.
13. Such other data as may be required by the planning commission to make the required findings.
G. The application shall be accompanied by a fee set by resolution of the city council sufficient to cover the cost of handling the application as prescribed in this chapter. (Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.68.040 Public hearing—Notice.
The planning commission shall give notice and hold a public hearing on each application for a conditional use permit.
Notice of the public hearing shall be given not less than ten (10) days prior to the date of the hearing by (1) mailing a notice of the time and place of the hearing to all property 277
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owners within three hundred (300) feet of the area occupied by the proposed use; and by (2) publishing a notice at least once in a newspaper of general circulation in the city. (Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.68.050 Public hearing—Procedure.
At the public hearing, the commission shall review the application and the statement and drawings submitted therewith, and shall receive pertinent evidence and testimony concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the findings prescribed in Section
17.68.070 of this chapter.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.68.060 Investigation, report and notice.
The planning director shall give written notice to the applicant of the time when the application will be considered by the commission.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.68.070 Action by the planning commission.
The planning commission shall act on the application within thirty (30) days following the closing of the public hearing. The commission may grant an application for a conditional use permit as the use permit was applied for or in modified form if, on the basis of the application and the evidence submitted, the commission makes all of the following findings:
A. That there are circumstances or conditions applicable to the land, structure or use which makes the granting of a use permit necessary for the preservation and enjoyment of a substantial property right.
B. That the proposed location of the conditional use is in accordance with the objectives of the zoning ordinance codified in this title and the purposes of the district in which the site is located.
C. That the proposed use will comply with each of the applicable provisions of this title.
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A use permit may be revocable, may be granted for a limited time period, or may be granted subject to such conditions as the commission may prescribe. The commission may deny an application for a use permit. A use permit may not grant variances to the regulations prescribed by this ordinance for which variance procedures are prescribed by Chapter 17.84.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.68.080 Conditions of approval.
In approving a conditional use permit, the planning commission shall state those conditions of approval necessary to protect the public health, safety and general welfare.
Such conditions may cover any of the considerations listed in Section 17.72.040 of this title.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.68.090 Appeals to city council.
The decision of the planning commission on a conditional use permit shall be subject to the appeal provisions of Section 17.04.090 of this title. (Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.68.100 Building permit.
Before a building permit shall be issued for any building or structure proposed as part of the approved conditional use permit application, the planning director shall determine that the proposed building location, facilities and improvements are in conformity with the site plan and conditions approved by the planning commission. (Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.68.110 Lapse of use permit.
A use permit shall lapse and shall become void one year following the date on which the use permit became effective unless by conditions of the use permit, a lesser or greater time is prescribed in accordance with Section 17.68.120, or unless prior to the expiration of one year, a building permit is issued by the building official and construction is commenced and diligently pursued toward completion on the site which was the subject 279
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of the use permit application. A use permit may be renewed for an additional period of one year or for a lesser or greater period as prescribed in Section 17.68.120, provided that, prior to the expiration of the time period granted, an application of renewal of the use permit is filed with the planning department. The planning commission may grant or deny an application for renewal of a use permit.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.68.120 Time limit for development—Extension.
The planning commission, or city council if appealed, may establish a lesser or greater time limit than that provided by Section 17.68.110, within which the subject property and use or any stage or phase thereof shall be commenced and completed. The time limits set by the commission or council shall be reasonable, based on the size, nature and complexity of the proposed development. Said time limit may be extended by the commission or council for good cause, such as proof of an unusual hardship not of the applicant's own making.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.68.130 Pre-existing conditional uses and use permits.
A conforming conditional use established prior to enactment of this ordinance shall be permitted to continue. A conditional use permit granted under the provisions of the Fresno County Zoning Code and amendments thereto prior to the enactment of this ordinance shall, upon the annexation of the property affected to the city, become null and void at the end of six months following the date of its original approval or extension thereof granted by the county prior to the annexation, unless a building permit has been issued by the county and construction has commenced. Alteration or expansion of a conditional use established prior to enactment of this ordinance may be permitted upon the granting of a use permit. Accessory structures may be permitted under the provisions of Chapter 17.64 of this title.
A use permit shall be required for the reconstruction of a structure housing a conditional use established prior to enactment of the ordinance codified in this title if the structure is destroyed by fire, or other calamity, or by act of God, or by the public enemy, to the extent of sixty (60) percent or more. The extent of damage or partial destruction shall be 280
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determined by the building official on the basis prescribed in Section 17.60.080 F. of this title.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.68.140 Revocation.
Upon violation of any applicable provisions of this title, or, if granted subject to a condition or conditions, upon failure to comply with the condition or conditions, a use permit shall be suspended automatically. Notice of such suspension shall be sent immediately to the person or persons responsible for non-compliance by the planning department. Within thirty (30) days of the suspension, the planning commission shall consider the suspension. If not satisfied that the regulation, general provision, condition or conditions are being complied with, the planning commission may revoke the use permit or take such action as may be necessary to ensure compliance with the regulation, general provision, condition or conditions.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.68.150 Reserved.
17.68.160 New application.
Following the denial of a use permit application or the revocation of a use permit, no application for a use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within six months from the date of denial or revocation of the use permit, except when the city council has acted to deny without prejudice.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.68.170 Use permit to run with the land.
A use permit granted pursuant to the provisions of this chapter shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the use permit application.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
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17.68.180 Minor revisions to a previously approved conditional use permit.
A use permit granted under the provisions of this chapter or a conforming conditional use established prior to the enactment of the ordinance codified in this title may be revised as to features of the site plan previously approved, provided that such revisions are minor, as determined by the planning commission. Application for minor revisions to the site plan shall be made in writing, including three copies of the revised site plan, to the commission. The commission may approve such revisions without public hearing, provided that the commission can determine that the revisions will not substantially change the intensity or character of the use as previously approved by the city. (Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
Chapter 17.72 SITE PLAN REVIEW
17.72.010 Purposes and application.
A. The purposes of the site plan review process are to assure that developments are reviewed and found in conformity with the intent and purpose of this chapter and other applicable city codes, standards and design guidelines, and to guide the building department and planning department in the issuance of building permits. More specifically, site plan review is provided to ensure the following:
1. That structures, parking areas, walks, refuse containers, landscaping and street improvements are properly related to their sites and to surrounding sites and structures;
2. To prevent excessive grading of the land and creation of drainage hazards;
3. To prevent the indiscriminate clearing of property and the destruction of trees and shrubs of ornamental value;
4. To avoid unsightly, inharmonious, monotonous and hazardous site development, and to encourage originality in site design and development in a manner which will enhance the physical appearance and attractiveness of the community. The site plan review process is intended to provide for expeditious review of environmental impact assessments required by official policy of the city and laws of the state of California.
B. Site plan review provisions of this chapter shall apply to the following uses:
1. Any new or expanded use within all zone districts, excepting single-family residential uses which are to be constructed on a site with complete street improvements. 282
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2. Any use subject to an environmental impact assessment under applicable provisions of city policy as adopted by resolution pursuant to the California Environmental Quality Act of 1970, as amended or as otherwise required by the California Environmental Quality Act of 1970, as amended or as otherwise required by applicable law.
C. Site plan review is required to be completed prior to the submittal of any future applications for entitlements.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.72.020 Site plan review committee.
A. The site plan review committee shall be comprised of staff representatives of the fire, engineering, planning, building, solid waste, police, community services and public works departments. In addition, the planning department may request input from any other city department or public agency such as the school district and Selma-KingsburgFowler County Sanitation District.
B. Powers and Duties. The site plan review committee shall review and approve, conditionally approve or deny a site plan review application in accordance with city codes and ordinances. If additional permits or entitlements are required, the site plan review committee determinations will be forwarded to the appropriate decision making body. (Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.72.030 Application procedure.
The applicant shall submit an application to the planning department on a form prescribed by the planning department. The application shall be submitted with three (3) full size copies of a site plan, drawn to scale, and one electronic copy which shall indicate clearly and with full dimensions the information prescribed by the planning department.
Such information may include, but shall not be limited to, the following:
A. Lot or site dimensions;
B. All buildings and structures: location, size, height, proposed use; C. Yards and space between buildings;
D. Walls and fences: location, height and materials;
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E. Off-street parking and off-street loading: location, number of spaces and dimensions of parking and loading areas, internal circulation pattern.
F. Access: pedestrian, vehicular, service, points of ingress and egress, internal circulation;
G. Signs: location, size, height and type of illumination, if any, including hooding devices.
H. Lighting location and general nature, hooding devices.
I. Names of all adjacent streets, roads or alleys, showing rights-of-way and dedication widths, reservation widths, and all types of improvements existing or proposed.
J. A preliminary or conceptual landscape plan must be submitted for site plan review. A final landscape plan must be submitted prior to issuance of building permits.
The final landscape plan shall include the species, quantity, size, location and irrigation system.
K. Refuse enclosures: location, type and material.
L. Existing utilities to the site.
M. Any phasing of the project shall be included in part of the application.
N. Projects located within Level 1 or Level 2 as defined in Subsection 17.80.010B shall be required to submit elevations in compliance with Chapter 17.80 of this title.
O. North arrow, scale of drawing and name, address and phone number of the person who prepared the site plan.
P. Such other data pertaining to site development as may be required by the planning department to make the required findings.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.72.040 Conditions of approval.
A. Within fifteen (15) city working days after submission of the site plan, the site plan review committee shall review the site plan. The committee shall approve, conditionally approve, or disapprove the site plan. Any approved site plan shall satisfy all the following conditions:
1. That all applicable provisions of this code are complied with; 284
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2. That the following are so arranged that traffic congestion is avoided, pedestrian and vehicular safety and welfare are protected with no adverse effect on surrounding property and the site plan conforms with city standards, specifications and policies:
a. Special yards, spaces and buffers.
b. Fences and walls.
c. Surfacing of parking areas and provisions for surface water drainage subject to city specifications.
d. Requiring street dedications and improvements, subject to the provisions of Section 17.72.060, including service roads or alleys when practical, and the requiring of drainage, sewer and water connection fees, and other development fees, when applicable.
A traffic study may be required if impacts to roads are anticipated. e. Regulation of points of vehicular ingress and egress. f. Regulation of signs, in accordance with the standards prescribed under Chapter
17.56 of this title.
g. Requiring maintenance of the grounds and the undergrounding of utilities. h. Requiring landscaping and refuse enclosures and maintenance thereof. i. Regulation of noise, vibration, odors and other similar characteristics. j Measures necessary to eliminate or to effect mitigation to acceptable levels of environmental impact.
k. Regulation of time for certain activities to be conducted on the site. l. Regulation of the time period within which the proposed use shall be developed. m. A bond, deposit of money, or letter of credit for the completion of street and site improvements and other facilities or for the removal of such use within a specified period of time to assure conformance with the intent and purposes set forth in this title. n. Such other requirements which reasonably may be required to ensure compliance with city codes and policies.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.72.050 Required findings.
To approve a site plan, the site plan review committee must make all of the following findings:
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A. That the site plan complies with all applicable provisions of this code and all applicable city standards and specifications.
B. The following are so arranged that traffic congestion is avoided and that pedestrian and vehicular safety and welfare are protected and there will not be adverse effect on surrounding property:
1. Facilities and improvements.
2. Vehicular ingress, egress, internal circulation and off-street parking and loading.
3. Setbacks.
4. Height of buildings.
5. Location of services.
6. Walls and fences.
7. Landscaping, including screen planting and street trees.
8. Drainage of site.
9. Refuse enclosures.
C. Proposed lighting is so arranged as to deflect the light away from adjoining properties.
D. Proposed signs will comply with all of the applicable provisions of Chapter 17.56 of this title.
E. That adequate provision is made to reduce adverse or potentially adverse environmental impacts to acceptable levels.
F. The site plan conforms with all other applicable laws, rules and regulations relating to traffic safety, street dedications and street improvements, environmental quality, and zoning, fire, police, building and health and safety codes. (Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.72.060 Street dedications and improvements.
Because of changes that may occur due to drainage conditions, utility service requirements, or vehicular traffic generated by projects requiring a site plan review, the following dedications and improvements may be deemed necessary and may be required as a condition or conditions to the approval of any site plan:
A. Development Bordering or Traversed by an Existing Street. If the development borders or is traversed by an existing street, the applicant may be required to:
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1. Dedicate all necessary rights-of-way to widen a bordering minor or collector street to the extent of one-half the ultimate width established by the city as the standard for such minor or collector street, or the full extent required for a frontage road.
2. Dedicate all necessary rights-of-way to widen a traversing minor or collector street to its ultimate width established by the city as the standard for such minor or collector street.
3. Dedicate all necessary rights-of-way to widen a bordering or traversing arterial street to the standards of width established by the city for the arterial street.
4. Set back all facilities the required distance from ultimate property lines along an arterial street as shown on any master, official or precise plan of streets and highways, or by the city's general plan.
5. Install curbs, gutters, sidewalks, street signs, street lights and street trees along one side of a bordering or along both sides of a traversing minor, collector or arterial street.
6. Install utilities and drainage facilities to the full extent of the service requirements generated by the development.
7. Grade and improve bordering minor or collector streets from curb to the center line of the ultimate right-of-way.
8. Grade and improve traversing minor or collector streets from curb to curb.
9. Grade and improve the parking lane and one traffic lane adjacent to the development, or the full half width along a bordering arterial street.
10. Grade and improve both parking lanes and the two outside traffic lanes, or the full width of, a traversing arterial street.
11. The extent of improvements required for arterial street improvements will be based on the extent of traffic generated by the proposed project, with reimbursement by agreement with the city to be provided where the extent of improvement is greater than that generated by the proposed project.
B. Except as provided in Sections 17.72.060C and D, all new roads shall be dedicated and improved in accordance with the requirements of Section 17.72.060A.
C. Where a frontage road is provided and improved along an arterial street in accordance with city standards, the curb, gutter, sidewalk, street sign, street light, 287
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grading and paving requirements of Sections 17.72.060A.5 and 10, pertaining to arterial streets may be waived.
D. Where total access to or from a bordering or traversing arterial street is prohibited as a condition of approval, or by law, the curb, gutter, sidewalk, street sign, street light, grading and paving requirements of Sections 17.72.060A.5 and 10, pertaining to arterial streets, may be waived.
E. All improvements shall be to city standards existing at the time the improvements are constructed and installed and shall be installed at the time of construction of the proposed development. Where it is determined by the city that it is impractical to construct and install any or all improvements at the time of construction of the proposed development, an agreement to construct and install such improvements may be accepted in lieu thereof. In any event, the applicant shall enter into an agreement with the city for the construction and installation of improvements before a building permit may be issued, at which time there shall be money deposited with or in favor of the city, or a letter of credit or performance and labor and materials bonds posted with the city, in an amount equal to one hundred fifty (150) percent of the estimated cost of improvements, as estimated by the city engineer, to guarantee the construction and installation of such improvements.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.72.070 Appeal to the planning commission.
A. Within ten (10) calendar days after the date of decision on a site plan application by the site plan review committee, the decision may be appealed to the planning commission by the applicant or any other interested party. An appeal shall be filed with the planning department. The appeal shall specifically identify the error or abuse of discretion by the site plan review committee or other reasons for the appeal.
B. The appeal shall be placed on the agenda of the planning commission's next regular meeting after expiration of the ten-day appeal period. The planning commission shall approve, approve with conditions, or disapprove the site plan, based on the findings set forth in Section 17.72.050. The decision of the planning commission shall be final unless appealed to the city council pursuant to Section 17.04.090 of this title. (Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
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17.72.080 Building permit.
Before a building permit shall be issued for any building, structure or sign proposed as part of an approved site plan, the building official shall determine the proposed building location, facilities and improvements are in conformity with the approved site plan and any applicable environmental mitigation monitoring agreement. Before a building may be occupied or a sign erected, the building official shall certify to the planning department that such improvements have been made in conformity with the approved site plan, the project plans and all applicable provisions of this code, all applicable city standards and specification and all other applicable fire, building and health and safety codes, rules and regulations.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.72.090 Expiration of site plan approval.
A. A site plan approval shall automatically expire and be of no further force or effect one year following after the date of approval by the site plan review committee, or if appealed, the approval by planning commission or city council, unless, prior to the expiration of one year, a building permit is issued by the city and construction is commenced and diligently pursued toward completion of the site or structures which were the subject of the site plan.
B. Site plan approval may be extended only once for an additional period of up to one year upon written application to the planning department before expiration of the initial one year approval.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.72.100 Revocation.
Upon violation of any of the applicable provisions of this chapter or the violation or failure to complete or satisfy any of the provisions of an approved site plan, including, without limitation, compliance or satisfaction of any site plan conditions of approval, a site plan approval shall be automatically suspended. Notice of such suspension shall be sent to the person responsible for non-compliance by the building official. Within thirty (30) days after the suspension, the planning commission shall consider the suspension. If 289
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the violation or failure to satisfy a condition has not been cured, the planning commission may revoke the site plan approval or take such other action as may be necessary to ensure compliance.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.72.110 Site plan approval to run with the land.
A site plan approved pursuant to the provisions of this chapter shall run with the land and shall continue to be valid upon a change of ownership of the site which was the subject of the site plan.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.72.120 Minor revisions to a previously approved site plan.
A site plan granted under the provisions of this chapter may be revised as to features of the site plan previously approved, provided that such revisions are minor as determined by the planning director. Application for minor revisions shall be made in the same manner as prescribed by Section 17.72.030 of this code. (Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.72.130 Multi-family development policies and standards.
All residential development, other than single-family detached housing on individual lots, on land designated by the general plan for medium density or high density shall be developed in accordance with the following standards:
A. Multi-family residential projects involving ten (10) or more dwelling units shall be reviewed under planned unit development (PUD) provisions of this code.
B. The extent and rate at which multi-family development is allowed to occur during a given year shall be governed, in part, by realistic demands in the housing market as established by competent housing market analysis to be submitted by the applicant.
Unsubstantiated market analysis shall be grounds for project disapproval by the city, even though multi-family use is designated for the property being considered by the general plan. The extent and rate of multi-family development shall also be governed by the policies and criteria for growth management as contained in the city's general plan and this code.
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C. For projects intended to meet the housing needs of low and moderate income, market potential which depends solely on meeting the needs of households which reside in other cities or parts of Fresno or Tulare Counties, and which exceeds the city's regional "fair-share" housing commitment under the housing element of the general plan may be grounds for project disapproval by the city.
D. Multi-family projects involving twenty (20) or more dwelling units shall include a minimum of twenty (20) percent of net site area developed as landscaped open space, including front, side and rear yard areas required by this title. A minimum of ten (10) percent net site area, excluding required yard areas, shall be developed for the common recreation use of tenants, and shall include the following:
1. One tot lot having a minimum area of four hundred (400) square feet for preschool children for each increment of fifty (50) dwelling units or less, excluding studio and one bedroom units and units intended solely for the elderly. Such tot lots shall contain a confined sand base, safe play equipment and security fencing where appropriate, as determined by the city.
2. An area or areas aggregating at least five thousand (5,000) square feet for passive recreation (e.g., lounging, sun bathing, barbecue, reading, conversation), and including areas to be shaded by trees and/or structures.
E. Multi-family projects involving less than twenty (20) dwelling units shall include a minimum of ten (10) percent of net site area developed as landscaped open space, excluding required yard areas, for the recreation use of tenants.
F. For multi-family projects where the applicant requests a partial waiver of recreation impact fees required by city ordinance, all of the following areas and facilities shall be provided on a minimum of one acre of aggregate site area:
1. Recreational open space for either passive or active recreational use, including at least one-half acre of lawn area that is irrigated by an automatic system.
2. Court areas involving any combination of area for tennis, badminton, volleyball, shuffleboard or similar hard-surfaced court game areas.
3. Recreational swimming areas devoted primarily to swimming and wading, including lap pools and training pools, and further including adjacent area in lawn, decks, cabanas or similar pool-side facilities, at a standard of eight hundred (800) square 291
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feet of water surface area per pool and one thousand six hundred (1,600) square feet of land area for related facilities, for each forty (40) dwelling units.
G. Where multi-story dwelling units are proposed adjacent existing or planned low density residential areas, building elevations and the locations of windows, balconies and air conditioning units above the first floor shall be reviewed by the city to assure visual compatibility and residential privacy.
H. Notwithstanding the provisions of Subsection 17.52.020D.1 of this title, all multifamily developments shall provide off-street parking for visitors at locations reasonably central to the units to be served at a ratio of one space for each four dwelling units. Onstreet parking spaces may be substituted for visitor parking at the ratio of one space for each eight units.
I. Excluding visitor parking, at least one-half of all off-street parking spaces in multi-family developments shall be covered by a garage or carport.
J. Site development and maintenance shall be in accordance with a comprehensive landscape development plan approved by the planning department, including automatic irrigation.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
Chapter 17.76 PLANNED UNIT DEVELOPMENTS
17.76.010 Purposes.
Planned unit developments (PUD's), involving the careful application of design, are encouraged to achieve a more functional, aesthetically pleasing and harmonious living and working environment within the city which otherwise might not be possible by strict adherence to the regulations of this title.
In certain instances, the objectives of the general plan and zoning title may be achieved by the development of planned units which do not conform in all respects with the land use pattern designated on the zone plan or the district regulations prescribed by this title.
A planned unit development may include a combination of different dwelling types and/or a variety of land uses which are made to complement each other and harmonize with existing and proposed land uses in the vicinity, by design. In order to provide locations for such well-planned developments, the planning commission is empowered to 292
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grant use permits for planned unit developments, provided that such developments comply with the regulations prescribed in this article. The commission is also empowered to zone lands for PUD under the provisions of Chapter 17.48 of this title. The approval of a PUD that is not designated by the general plan is intended to be discretionary on the part of the city rather than an entitlement of a landowner. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.76.020 Districts.
A PUD may be located in any district other than a R-1-7X district upon the granting of a use permit in accordance with the provisions of this article, or by applying the PUD combining district in accordance with the provisions of Chapter 17.48 of this title. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.76.030 Permitted uses.
A PUD shall include only those uses permitted, either as permitted uses or conditional uses, in the zoning district in which the planned unit development is located, subject to the following exceptions:
A. Any combination of uses permitted in any RA, R, RM or PO district as a permitted use, a use permitted by administrative approval, or a conditional use, may be included in a PUD located in a RA, R or RM district.
B. Any combination of uses permitted within any PO, C, or IL district as a permitted use, a use permitted by administrative approval, or a conditional use, may be included in a PUD located in a PO or C district.
C. Any combination of uses permitted in any CS, CH, IL or IH district as a permitted use, a use permitted by administrative approval, or conditional use, may be located in a PUD located in a IL or IH district.
D. Within the redevelopment project area and redevelopment corridor depicted for mixed use by the general plan, any use permitted within any zoning district except singlefamily residential and schools. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.76.040 Site area.
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The minimum site area for a PUD shall be five acres, provided however that a smaller parcel may be permitted if the proposal meets the purposes described in Section
17.76.010, as determined by the planning director.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.76.050 Standards.
A. The standards of site area and dimensions, site coverage, yard spaces, distances between structures, off-street parking and off-street loading facilities and landscaped areas need not be equivalent to the standards prescribed for the regulations for the district in which the PUD is located if the applicant has demonstrated by the design proposal that the objectives of the zoning title and the objectives of this chapter will be achieved. Since planned unit development may also involve the subdivision process, the applicant must be prepared to show what changes in conventional street and lot design will be necessary to achieve desired goals.
B. In any R-l-7X zoning district, the average population density and number of dwelling units per net acre may be increased only if the PUD application meets the requirements of Section 65915 of the California Government Code pertaining to housing development for very low, low or moderate income households.
C. In any R or RM zoning district, the average housing density per net acre may exceed by not more than twenty-five (25) percent the maximum population and housing density prescribed by the general plan or the site area per dwelling unit regulations for the district in which the PUD is to be located, if the applicant can demonstrate that the proposal qualifies under applicable provisions of Section 65915 of the California Government Code pertaining to the granting of density bonuses and other incentives for housing development intended for very low-, low- or moderate-income households. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.76.060 Required conditions.
No use shall be permitted and no process, equipment or materials shall be employed which is found by the planning commission to be objectionable to persons residing or working in the vicinity or injurious to property located in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration, 294
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illumination, glare, unsightliness or heavy truck traffic, or to involve any hazard of fire or explosion.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.76.070 Use permit procedure.
The regulations prescribed in Sections 17.68.020 though 17.68.170 shall control the procedure for making application for and processing of a planned unit development, subject to the following procedures:
A. In lieu of the drawing of the site prescribed in Section 17.68.030 G., the application shall be accompanied by a general development plan of the entire planned unit development, drawn to scale and showing provisions for the following: draining of surface waters, water courses, public utility rights-of-way, streets, driveways and pedestrian walks, off-street parking and loading facilities, reservations and dedications for public uses, private uses including dwelling types, lot layout, locations, heights and elevations of structures and landscaped areas.
B. In addition to the data and drawings prescribed in Section 17.68.030 and subsection A. of this section, the application shall be accompanied by a tabulation of the area proposed to be devoted to each land use and a tabulation of the average population density and number of housing units per net acre in the area or areas proposed to be devoted to residential use.
C. When a PUD involves proposals which necessitate the filing of a tentative parcel map or subdivision map, and/or which would also necessitate the granting of exceptions of the regulations of Title 16, the planning commission may grant tentative approval of the proposal. Where such tentative approval is requested by the applicant, the requirements of subsections A. and B. of this section may be waived temporarily, provided the applicant submits the following:
1. In lieu of the drawing of the site prescribed in subsection A. of this section, the application shall be accompanied by a schematic drawing drawn to a minimum scale of one inch equals one hundred feet (1″ = 100′), showing the general relationships contemplated among all public and private uses and existing and proposed physical features. An alternate scale may be approved by the planning director for projects of large scale.
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2. A written statement setting forth the source of water supply, method of sewage disposal, means of drainage, dwelling types, non-residential uses, lot layout, public and private access, height of structures, lighting, landscaped areas and provisions for maintenance of landscaped areas, area to be devoted to various uses and population density per net acre contemplated by the applicant.
Upon approval of a tentative subdivision map, in accordance with the procedures prescribed by Title 16, the applicant shall submit a development plan in accordance with the requirements of subsections A. and B. of this section before the commission may grant a final approval of the proposal.
D. The planning director shall give written notice to the applicant of the time when the application will be considered by the planning commission.
E. The commission may grant a use permit for a PUD as the use permit was applied for or in modified form if, on the basis of the application and the evidence submitted, the commission makes the following findings:
1. That the proposed location of the PUD is in accordance with the objectives of the zoning title.
2. That the proposed location of the PUD and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety and welfare or materially injurious to properties or improvements in the vicinity.
3. That the proposed PUD will comply with each of the applicable provisions of this section.
4. That the standards of housing density, site area and dimensions, site coverage, yard spaces, height of structures, distance between structures, off-street parking and offstreet loading facilities, landscaped areas and street design will produce an environment of stable and desirable character consistent with the objectives of the zoning ordinance, and will not generate more traffic than the streets in the vicinity can carry without congestion and will not overload utilities.
5. That the combination of different dwelling types and/or variety of land uses in the development will complement each other and will harmonize with existing and proposed land uses in the vicinity.
6. That the proposed PUD will satisfactorily mitigate potential environmental impacts in accordance with the provisions of Section 17.72.080 of this title. 296
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F. The planning commission may deny an application for a use permit for a planned unit development.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.76.080 Review by city council.
At the first regular meeting of the city council held more than ten (10) days after a decision on a PUD application by the planning commission, the council shall review the decision. The council may affirm, reverse or modify the decision of the planning commission, provided that if a decision denying the use permit is reversed or a decision granting the use permit is modified, the council shall, based on the record transmitted by the planning commission and such additional evidence as may be submitted, make the findings prerequisite to the granting of a use permit for a PUD as prescribed in Subsection 17.76.070.E. of this chapter. A PUD permit shall become effective immediately after it is granted by resolution of the city council.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
Chapter 17.80 ARCHITECTURAL DESIGN REVIEW
17.80.010 Purpose and application.
A. The purpose of the architectural design review process is to avoid the unsightly, inharmonious and monotonous appearance of structures and signs by the review of the design, materials, textures, colors and other elements of construction which affect the exterior appearance of structures; to encourage originality in building design and construction in a manner which will enhance the physical appearance and attractiveness of the community; to preserve the investments in properties which exhibit tasteful consideration of the external physical appearance of the site and structures thereon and to encourage and enhance the desirability of private investment within the surrounding area. The architectural design review process is also intended to foster the Swedish architectural theme called for by policies of the city general plan.
B. The provisions of this chapter shall apply to any permitted or conditional use identified in Title 17 of this code other than single-family dwellings or multiple-family dwellings consisting of no more than two units. There shall be no exceptions to the 297
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application of this chapter except as granted for historic structures designated by resolution of the city council. Application of the Swedish architectural design review guidelines identified in Section 17.80.020 of this chapter will apply at different levels of intensity depending on the location of the proposed project:
1. Level 1 intensity shall apply to the downtown triangle bounded by the State Route Freeway 99, 18th Avenue and Sierra Street, with parcels on the north side of Sierra Street within the downtown triangle also included. Level 1 intensity shall also apply to shopping centers, strip malls and parcels adjacent to Sierra Street west of State Route Freeway 99 to Rafer Johnson Drive; on the north side of Sierra Street west from Rafer Johnson Drive to the city limit line; and adjacent to the west side of State Route Freeway 99 north of Sierra Street to the city limit line.
2. Level 2 intensity shall apply to that portion of the city within the triangle area bounded by Sierra Street, State Route Freeway 99 and Bethel Avenue; between State Route Freeway 99 and Simpson Street north of Sierra Street to the city limit line; and along Draper Street west of State Route Freeway 99.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.80.020 Swedish design standards.
The city council is empowered to adopt by resolution Swedish Village Design Standards and Guidelines, which contains specific criteria and guidelines for review of applications for new construction and exterior remodels within the Level 1 and Level 2 areas described in Section 17.80.010 and in accordance with Section 17.80.030. The city council may amend these standards from time to time, by resolution. (Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.80.030 Architectural design review.
As part of the site plan review process, any project located within a Level 1 or Level 2 area as described in Section 17.80.010, shall be reviewed for compliance with the Swedish Village Design Standards and Guidelines as follows:
Level 1. All new construction and exterior remodeling shall conform to the Swedish Village Design Standards and Guidelines as adopted by the city council.
Level 2.
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A. The project applicant shall make a good faith effort to conform new construction and exterior remodeling to the traditional and historic theme of the Swedish Village Design Standards and Guidelines with emphasis on the use of wood or wood in combination with brick, stone or stucco masonry, in the design of exterior walls.
B. Taking into consideration the type and size of the project, the project applicant shall make good faith efforts to incorporate as many Level 1 intensity elements as possible, including, without limitation, flower boxes, planers, awnings, mullion windows, use of brick or stone, and emulation of half-timbering, and/or such additional decorative features as window shutters, Dala horses, banners, Swedish and American flags, and other items with a Swedish theme.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.80.040 Drawings to be submitted.
Projects subject to architectural review are required to submit an application to the planning department. Applications should be submitted concurrent with site plan review applications, if applicable.
Included in the project application package submitted to the planning department shall be architectural drawings or sketches, drawn to scale, showing all elevations of the proposed structures as they will appear upon completion of construction. All exterior surfacing materials and colors shall be specified. Scale drawings of all signs shall be submitted showing size, location, material, colors and illumination (if any). (Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.80.050 Referral and action.
A. The planning department shall review all project application drawings subject to review within fifteen (15) days after the project application is deemed complete by the city.
B. The planning department shall determine whether the project complies with the Swedish Village Design Standards and Guidelines and either approve, approve with conditions ensuring compliance, or deny the architectural review. 299
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C. For projects requiring subsequent approvals by the planning commission and/or city council, the planning department determination shall be included in the reports to the planning commission or city council.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.80.060 Appeals to planning commission.
A. Within ten (10) calendar days after the date of decision on an architectural review application by the planning department, the decision may be appealed to the planning commission by the applicant or any other interested party. An appeal shall be filed with the planning department. The appeal shall specifically identify the error or abuse of discretion by the planning department or other reasons for the appeal.
B. The appeal shall be placed on the agenda of the planning commission's next regular meeting after expiration of the ten-day appeal period. The planning commission shall approve, approve with conditions, or disapprove a project based on the findings set forth in Section 17.72.050 of this title. The decision of the planning commission shall be final unless appealed to the city council pursuant to Section 17.04.090 of this title. (Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
Chapter 17.84 VARIANCES
17.84.010 Purposes.
The planning commission is empowered to grant variances only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. The power to grant variances does not extend to use regulations, because the flexibility necessary to avoid results inconsistent with the objectives of the zoning title is provided by the conditional use, planned unit development and amendment provisions of this title.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.84.020 Authority of the planning commission.
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The planning commission may grant variances to the regulations prescribed by this title only with respect to size, shape, topography, location or surroundings, and including fences and walls, site areas, coverage, yards, height of and distances between structures, off-street parking facilities and off-street loading facilities. (Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.84.030 Application and fee.
A. Application for a variance shall be made to the planning department on a form prescribed by the department which shall include the following data:
1. Name and address of applicant.
2. Statement that the applicant is the owner of the property or is the authorized agent of the owner or the plaintiff in an action of eminent domain to acquire the property involved.
3. Address or description of property.
4. Statement of the precise nature of the variance requested and why approval is necessary under the purposes described in Section 17.84.010, together with any other data pertinent to the findings prerequisite to the granting of variance prescribed in Section 17.84.060.
B. The application shall be accompanied by a drawing of the site and any adjacent property affected, showing all existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off-street parking and off-street loading facilities and landscaped areas.
C. The application shall be accompanied by a fee set by resolution of the city council sufficient to cover the cost of processing the application.
D. The secretary of the planning commission shall give notice to the applicant of the time when the application will be considered, and may give notice of the time to any other interested party.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.84.040 Hearing and notice.
The planning commission shall give notice and hold a public hearing on each application for a variance.
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Notice of the public hearing shall be given not less than ten (10) days prior to the date of the hearing by (1) mailing a notice of the time and place of the hearing to all property owners within three hundred (300) feet of the area occupied by the proposed use; and by (2) publishing a notice at least once in a newspaper of general circulation in the city. (Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.84.050 Public hearing—Procedure.
At a public hearing, the commission shall review the application and the statements and drawings submitted therewith and shall receive pertinent evidence concerning the variance, particularly with respect to the findings prescribed in Section 17.84.060. (Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.84.060 Action of the planning commission.
A. The commission shall act on the application within thirty (30) days after the close of the public hearing. The commission may grant a variance to regulations prescribed by this title, as the variance was applied for or in modified form, if, on the basis of the application, investigation and evidence submitted, the commission makes the following findings:
1. That there are special circumstances or conditions applicable to the property involved, such that strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zoning district.
2. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the vicinity and in the same zoning district.
The commission may grant a variance with respect to off-street parking or loading requirements as the variance was applied for or in modified form if the commission makes the following additional findings:
3. That neither present nor anticipated future traffic volumes generated by the use of the site or the uses of sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specified regulation.
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4. That the granting of the variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets.
5. That the variance will not create a safety hazard or any other condition inconsistent with the objectives of the zoning title.
B. Notwithstanding the provisions of subsection A. of this section, the commission may grant a variance with respect to off-street parking for non-residential development in order that some or all of the required parking spaces can be located offsite, including locations outside of the city limits, or that in-lieu fees or facilities be provided instead of the required parking spaces, if both of the following conditions are met:
1. The variance will be an incentive to, and a benefit for the non-residential development.
2. The variance will facilitate access to the non-residential development by patrons of public transit facilities.
C. In approving a variance, the commission shall add such conditions of approval as it deems necessary to assure that the variance adjustment shall not constitute a grant of special privilege as described under subsection A. of this section.
D. A variance may be revocable, may be granted for a limited time period, or may be granted subject to such conditions as the commission may prescribe. The commission may deny a variance application.
E. A variance shall become effective ten (10) calendar days following the date on which the variance was granted by the commission unless an appeal is filed with the city council. The first day being the day following the approval. (Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.84.070 Appeal to city council.
The decision of the planning commission on a variance shall be subject to the appeal provisions of Section 17.04.090 of this title.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.84.080 Building permit.
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Before a building permit shall be issued for any building or structure proposed as part of the approved variance application, the planning director shall determine that the proposed building location, facilities and improvements are in conformity with the site plan and conditions approved by the planning commission. (Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.84.090 Lapse of variance.
A variance shall lapse and shall become void one year following the date on which the variance becomes effective unless by condition of the variance a greater time is allowed, or unless prior to the expiration of one year, a building permit is issued by the building official and construction is commenced and diligently pursued toward completion on a site which was the subject of the variance application. A variance may be renewed for an additional one year, provided that prior to the expiration of one year from the date when the variance originally became effective, a request for renewal of the variance is made in writing to the planning commission. The commission may grant or deny a request for renewal of a variance.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.84.100 Revocation.
Upon violation of any applicable provisions of this chapter, or the violation of failure to complete or satisfy any of the provisions of an approved variance, including without limitation, compliance or satisfaction of any variance conditions of approval, a variance shall automatically be suspended. Notice of such suspension shall be sent to the person or persons responsible for non-compliance by the planning department. Within thirty (30) days after the suspension, the planning commission shall consider the suspension, if the violation or failure to satisfy a condition has not been cured, the planning commission may revoke the variance approval or take such other action as may be necessary to ensure compliance with the regulation, general provision, condition or conditions. (Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.84.110 New application.
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Following the denial of a variance application or the revocation of a variance, no application for the same or substantially the same variance on the same or substantially the same site shall be filed within six months of the date of denial of the variance application or revocation of the variance.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
Chapter 17.85 MINOR DEVIATIONS
17.85.010 Purpose.
The purpose of this chapter is to provide a mechanism whereby the planning director/head building official can grant minor deviations from zone district regulations.
A minor deviation may be granted up to a ten percent (10%) deviation from the zone district regulations and setback distances. Any minor deviation that exceeds the ten percent (10%) deviation stated above shall be processed as a variance consistent with the provisions in Chapter 17.84, Variances.
Minor deviations shall only be granted when practical difficulties, unnecessary hardships and conditions, inconsistent with the purpose and objectives of this Title 17, result from the strict application of certain provisions of this Title 17. The granting of a minor deviation and its associated conditions shall not constitute a special privilege inconsistent with the limitations on other properties in vicinity and in other zone districts in Kingsburg.
(Ord. No. 2017-002, § 2(Exh. A), 5-17-2017)
17.85.020 Applicability.
The planning director/head building official may grant a ten percent (10%) minor deviation from zone district regulations, including setbacks, lot dimensions, height of structures and fences, walls and hedges, lot coverage, parking standards and sign regulations.
(Ord. No. 2017-002, § 2(Exh. A), 5-17-2017)
17.85.030 Application and Fee.
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An application for a minor deviation shall be made to the planning department on a form prescribed by the planning department. A processing fee set by resolution of the city council shall accompany the application.
(Ord. No. 2017-002, § 2(Exh. A), 5-17-2017)
17.85.040 Report and Findings.
The planning director/head building official shall prepare a report on the minor deviation application and shall make the following findings with regard to a minor deviation.
A. There are special circumstances applicable to the property, including, without limitation, size, shape, topography, location, surroundings, or unclear property lines, where the strict application of this Title 17 deprives such property a right possessed by other property in the same vicinity or other properties that have the same zone district classification;
B. That granting a minor deviation is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity or other properties that have the same zone district classification; C. That granting the minor deviation will not be materially detrimental to the public health, safety or welfare, or injurious to the property or improvements in the vicinity and zone district in which the property is located; and
D. That granting the minor deviation does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and zone district in which the property is located.
(Ord. No. 2017-002, § 2(Exh. A), 5-17-2017)
17.85.050 Action of the Planning Director/Head Building Official.
The planning director or head building official shall process minor deviations as an administrative action. Following a review of a minor deviation application and the findings listed above, the planning director/head building official shall issue a written decision on the minor deviation. The written decision will either approve, approve with conditions or deny the application for minor deviation based on the findings listed above.
The written decision will be signed and dated by the planning director/head building 306
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official, and mailed to the applicant. The decision of the planning director/head building official shall be final unless appealed to the planning commission within ten (10) days after the date the written decision is mailed to the applicant. The planning commission will be notified of all minor deviations granted by the planning director/head building official.
(Ord. No. 2017-002, § 2(Exh. A), 5-17-2017)
17.85.060 Conditions.
The planning director/head building official can approve a minor deviation subject to conditions. Conditions will assure that the approved minor deviation shall not constitute a grant of a special privilege inconsistent with the limitations upon other properties in the vicinity and zone district in which such property is situated. (Ord. No. 2017-002, § 2(Exh. A), 5-17-2017)
Chapter 17.86 ADULT ENTERTAINMENT ESTABLISHMENTS
17.86.010 Title.
This chapter shall be titled "Adult Entertainment Establishments." (Ord. No. 2009-04, § 1, 3-4-09)
17.86.020 Purpose and intent.
(a) It is the purpose of this chapter to establish reasonable and uniform regulations to prevent the concentration of adult entertainment establishments, as defined herein, within the city.
(b) It is the intent of this chapter that these regulations be utilized to prevent problems of blight and deterioration which accompany and are brought about by the concentration of adult entertainment establishments.
(Ord. No. 2009-04, § 1, 3-4-09)
17.86.030 Definitions.
(a) It is the purpose of this section to provide clear and concise definitions of those words, terms and phrases most commonly used in the provisions of this chapter in order 307
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to assist in the uniform interpretation of said provisions and to ensure uniformity in their application.
(b) It is intended that the following words, terms and phrases, whenever used in this chapter, shall be construed as defined in the following subsections, unless from the context, a different meaning is specifically defined and more particularly directed to the use of such words, terms and phrases.
Adult bookstore is an establishment that devotes more than ten percent (10%) of the total display, shelf, rack, table, stand or floor area of the premises to the display for sale, rent or display of merchandise, books, magazines, periodicals or other printed matter, photographs, films, motion pictures, video cassettes, slides, tapes, records, DVDs, CDROMs, or other forms of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas or instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
Adult cabaret is any nightclub, bar, restaurant, or other similar establishment that regularly features live performances or features films, motion pictures, video cassettes, DVDs, CD-ROMs, slides or other photographic reproductions that are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas for observation by patrons.
Adult drive-in theater means an open lot or part thereof, devoted primarily to the presentation of live performances, motion pictures, films, theatrical productions or other forms of visual productions, to persons in motor vehicles or on outdoor seating, where the material being presented is distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
Adult mini-motion picture theater is an establishment, with a capacity of more than five but less than fifty (50) persons, where films, motion pictures, video cassettes, DVDs, CDROMs, slides or similar photographic reproductions are shown and where the material shown is distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
Adult model studio is any establishment open to the public where figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. This provision shall 308
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not apply to any school of art which is operated by an individual, firm, association, partnership, corporation, or institution that is authorized under the California Education Code to issue or confer a diploma.
Adult motel is a motel or similar establishment offering public accommodations which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, DVDs, CD-ROMs or other photographic reproductions distinguished or characterized by an emphasis upon the depiction or description specified sexual activities or specified anatomical areas.
Adult motion picture arcade (peep show) is any place where coin- or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are available for observation to show images and the images so shown or displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
Adult motion picture theater is an establishment with a seating capacity of fifty (50) or more persons where films, motion pictures, video cassettes, DVDs, CD-ROMs, slides or similar photographic reproductions are shown and where the material is distinguished or characterized by an emphasis upon the depiction or description to specified sexual activities or specified anatomical areas.
Adult theater is any theater, concert hall, auditorium, or similar business either indoor or outdoor, which regularly features live performances that are distinguished or characterized by an emphasis on specified sexual activities or exposure of specified anatomical areas.
Adult video cassette, DVD and CD-ROM sales and rental has the same meaning as "adult bookstore."
Adult video games are coin-operated or electronic game machines having visual displays and animation that depict in any manner any sort of activity characterized by emphasis upon depiction or description of specified anatomical areas or specified sexual activities.
Body painting studio is an establishment or business which provides the service of applying paint or other substance, whether transparent or nontransparent, to or on specified anatomical areas.
Establishing an adult entertainment business as used in this chapter, means and includes the opening or commencement of any such business as a new business; the conversion of 309
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an existing business, whether or not an adult entertainment business, to any of the adult entertainment businesses defined in this chapter; the addition of any of the adult entertainment businesses defined herein to any other existing adult entertainment business; or the relocation of any adult entertainment business.
General bookstore is an establishment engaged in the buying, selling and/or trading of new and/or used books, manuscripts, and periodicals of general interest. A general bookstore does not include an establishment that is encompassed by the definition of adult bookstore.
General motion picture theater is a building or part of a building intended to be used for the specific purposes of presenting entertainment as defined in this chapter, or displaying motion pictures, DVDs, CD-ROMs, slides or closed circuit television pictures before an individual or assemblage of persons whether such assemblage be of a public, restricted or private nature, except a private home provided, however, that any such presentations are not distinguished or characterized by an emphasis on the depiction or description to specified sexual activities or specified anatomical areas but such depiction or description is only incidental to the plot or story line.
Headshop is an establishment or place where more than fifteen percent (15%) of the floor area in any room is used for the sale and display of such paraphernalia and literature commonly associated with the use of narcotics and controlled substances, including, but not limited to cocaine; and sniffing kits; glass mirrors for cutting narcotics or controlled substances; snorting spoons and tubes; strainers to sift narcotics or controlled substances; water pipes (bongs); everyday items with special removable tops that have been converted to conceal narcotics and drugs, including beer cans, oil cans and plastic photographic film vials; roach clips (for holding marijuana cigarettes); books and magazines extolling the use of narcotics or controlled substances. Such a place is an adult entertainment establishment. This definition does not limit licensed pharmacies in selling and displaying medicinal equipment prescribed by licensed medical practitioners.
Legitimate or live theater is a theater, concert hall, auditorium or similar establishment which regularly features live performances which are not distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas in that any such depiction or description is only incidental to the primary purpose of the performance.
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Massage parlor is an establishment and any appurtenant facilities that are primarily where massage, alcohol rub, fomentation, body scrub, body shampoo, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless the treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist, or similar professional person licensed by the State of California. This definition does not include an athletic club, health club, pool, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
Outcall entertainment business means any person who, for a fee, commission, hire, reward or profit, furnishes or offers to furnish an outcall entertainer, as defined in this section, for any individual or group at a location other than a fixed business establishment identified in section 17.86.040. Outcall entertainment business includes businesses that provide outcall entertainers such as lingerie models and strippers.
Outcall entertainer includes strippers for bachelor and bachelorette parties, lingerie models, and other similar entertainers or any person who entertains while nude or whose performance is distinguished or characterized by an emphasis upon the display of specific anatomical areas or specified sexual activities.
Public park is a publicly owned area that is designated by the city as a park.
Private viewing room is an area separated from the sales display area of an establishment by a curtain, wall, door, shade or similar obstruction thus allowing the private viewing by customers of the establishment of video tapes, movies, DVDs, CD-ROMs, transparencies, films or projectable motion picture the content of which is distinguished or characterized by an emphasis on depicting or describing specific sexual activities or specified anatomical areas.
Religious institution is any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.
School is an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code and which is maintained pursuant to standards set by the state board of education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school, or any special institution of learning under the jurisdiction of the state 311
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department of education, but it does not include a vocation or professional institution or an institution of higher education, including a community college.
Sexual encounter establishment is an establishment, other than a hotel, motel or similar establishment offering public accommodations, which provides a place where two or more persons may congregate, associate, or consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the State of California engages in sexual therapy. Sexual encounter establishment shall include massage parlor and other similar establishments.
Social service institution is an organization engaged in activities that promote social welfare, including philanthropic assistance to the sick or needy.
Specified anatomical areas means and includes less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae, or human male genitals in a discernible turgid state, even if completely and opaquely covered.
Specified sexual activities means and includes any fondling or other touching of human genitals, pubic region, buttocks, anus or female breasts; sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; masturbation, actual or simulated; or excretory functions as part of or in connection with any of the activities set forth in this subsection.
Transfer of ownership or control, as used in this chapter, means and includes the sale, lease or sublease of an adult entertainment business; the transfer of securities, membership or partnership interests or other type of ownership interest which constitute a controlling interest in such business, whether by sale, exchange or similar means; or the establishment of a trust, gift or other similar legal device which transfers the ownership or control of such business, except for transfer by bequest or other operation of law upon the death of the person possessing such ownership or control. (Ord. No. 2009-04, § 1, 3-4-09)
17.86.040 Prohibitions.
(a) No person or entity shall own, establish, operate, control or enlarge, or cause or permit the establishment, operation, enlargement or transfer of ownership or control of 312
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any of the following adult entertainment establishments unless such adult entertainment establishment is located more than five hundred (500) feet from another adult entertainment establishment and more than one thousand (1,000) feet from any religious institution, school, public park, social service institution, or any residentially zoned property located within the city measured from property lines:
1. Adult bookstore;
2. Adult cabaret;
3. Adult drive-in theater;
4. Adult mini-motion picture arcade (peep show);
5. Adult mini-motion picture theater;
6. Adult model studio;
7. Adult motel;
8. Adult motion picture arcade (peep show);
9. Adult theater;
10. Adult video cassette and DVD sales and rentals;
11. Adult video games;
12. Body painting studio;
13. Headshop;
14. Massage parlor;
15. Outcall entertainment business;
16. Sexual encounter establishment; or
17. Any other business which involves specified sexual activities or display of specified anatomical areas.
(b) An establishment listed in subsection (a) of this section shall not be established, operated, enlarged or transferred unless the zone district in which the site or proposed site is located permits such a use. The conduct of such establishment and the use of premises shall otherwise comply with all applicable federal, state, county and city laws, ordinances, rules and regulations.
(c) All adult entertainment establishments as listed in subsection (a) of this section shall only be permitted within any Light Industrial zone district in the city provided the minimum distance requirements as set forth in subsection (a) of this section are met and 313
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upon the prior issuance by the city of a conditional use permit in accordance with the provisions of chapter 17.68 of the Kingsburg Municipal Code. (Ord. No. 2009-04, § 1, 3-4-09)
17.86.050 Measure of distance.
The required minimum distance between any two adult entertainment businesses shall be measured in a straight line, without regard to intervening structures, from the closest property line of each such business. The distance between any adult entertainment business and any religious institution, school, public park, social service institution, or residentially zoned land shall be measured in a straight line without regard to intervening structures, from the closest property line of the adult entertainment business to the closest property line of the religious institution, school, public park, social service institution, or residential zone.
(Ord. No. 2009-04, § 1, 3-4-09)
17.86.060 Development and maintenance standards.
To further accomplish the purpose of this chapter, all adult entertainment businesses shall comply with the following:
(a) Signs. In addition to the requirements of Section 17.56.050 of Chapter 17.56 of Title 17 of the Kingsburg Municipal Code, all signs shall be subject to the following regulations:
1. Each adult entertainment business shall be allowed one permanent sign, the area of which shall not exceed two hundred (200) square feet;
2. Temporary advertising signs are not permitted;
3. Except for theater signs, changeable copy signs are not permitted; and
4. No sign shall depict or describe any specified anatomical areas or specified sexual activities.
(b) Exterior painting. Buildings and structures shall be painted or surfaced with colors or textures that are similar to neighboring buildings or structures as determined by the city planning department. Buildings and structures shall not be painted or surfaced with any design that would simulate a sign or advertising message. 314
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(c) [Interior material.] Advertisements, displays of merchandise, signs or any other exhibit depicting adult entertainment activities placed within the interior of buildings or premises shall be arranged or screened to prevent public viewing from outside such buildings or premises.
(d) [Outdoor sound equipment.] Outdoor loudspeakers or other outdoor sound equipment advertising or directing attention to an adult entertainment are prohibited. (e) [Alcohol consumption.] No consumption of alcohol shall be allowed in conjunction with, or on the premises of, any adult entertainment establishment. (Ord. No. 2009-04, § 1, 3-4-09)
17.86.070 Application.
Notwithstanding any other provision of the Kingsburg Municipal Code to the contrary, the provisions of this chapter shall be applicable to all land within the city, including all redevelopment project areas now in existence or hereafter established. (Ord. No. 2009-04, § 1, 3-4-09)
17.86.080 Other regulations, permits or licenses.
The provisions of this chapter do not waive or modify any other provision of this Code. (Ord. No. 2009-04, § 1, 3-4-09)
17.86.090 Protection of persons under the age of 21.
The operation of adult entertainment establishments shall specifically prohibit the admission of persons under the age of twenty-one (21).
(Ord. No. 2009-04, § 1, 3-4-09)
17.86.100 Private viewing rooms.
It is unlawful for any person or entity which is subject to the regulations of this chapter, and which sells or rents prerecorded video tapes, movies, transparencies, films, DVDs, CD-ROMs, projectable motion pictures or equipment used for showing any or all of these items, to offer or allow the viewing of these materials in private viewing rooms, as defined in section 17.86.040.
(Ord. No. 2009-04, § 1, 3-4-09)
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17.86.110 Regulations governing existing adult entertainment establishments.
An adult entertainment establishment hereinafter permitted and legally operating as a conforming use is not rendered a nonconforming use by the location of a religious institution, school, public park, social service institution or a residential (including office residential) zone within one thousand (1,000) feet of the adult entertainment establishment. This provision does not apply after a conditional use permit has expired, been suspended or revoked.
(Ord. No. 2009-04, § 1, 3-4-09)
17.86.120 Enforcement.
The provisions of this chapter shall be enforced in accordance with the applicable provisions of the Kingsburg Municipal Code.
(Ord. No. 2009-04, § 1, 3-4-09)
Chapter 17.88 AMENDMENTS
17.88.010 Purpose.
As the Kingsburg general plan is carried out over the years, there will be a need for changes in district boundaries and other regulations of this title. As the general plan is reviewed and revised periodically, other changes in the regulations of this code may be warranted. Such amendments shall be made in accordance with the procedure prescribed in this chapter.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.88.020 Initiation.
A. A change in the boundaries of any district may be initiated by the owner of the property within the area for which a change of district is proposed, or the authorized agent of the owner, as prescribed in Section 17.88.030, provided, however, that the city may not accept an application for an amendment which is not consistent with the general plan.
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B. A change in boundaries of any district, or a change in a district regulation, offstreet parking or loading facilities requirement, general provision, exception or other provision may be initiated by action of the planning commission, or by action of the city council in the form of a request to the commission that it consider a proposed change, provided that in either case the procedure prescribed in Sections 17.88.040, 17.88.080 and
17.88.110 shall be followed.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.88.030 Application and fee.
A. A property owner or his/her authorized agent desiring to propose a change in the boundaries of the district in which his/her property is located, may file an application with the planning department for a change of district boundaries on a form prescribed by the department, which shall include the following information:
1. Name and address of the applicant.
2. Statement that the applicant is the owner of the property for which the change in district boundaries is proposed or the authorized agent of the owner, or the plaintiff in an action of eminent domain to acquire the property involved.
3. Address and description of the property.
B. The application shall be accompanied by a drawing of the site and the surrounding area for a distance of at least three hundred (300) feet from each boundary of the site, showing the location of streets and property lines and the names and last known addresses of the recorded legal owners of all properties shown on the drawing, as shown on the latest adopted tax roll of the County of San Joaquin. Assessor's maps may be used for this purpose.
C. The application shall be accompanied by a fee set by resolution of the city council, sufficient to cover the cost of processing the application as prescribed in this chapter.
D. Amendments to this title required as the result of general plan amendments initiated by the planning commission or city council shall be processed at the expense of the city.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.88.040 Public hearing—Notice.
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A. The planning commission shall hold a public hearing on each application for a change in district boundaries or of a district regulation, off-street parking or loading facilities requirement, general provision, exception or other provision of this ordinance initiated by the city council within forty-five (45) days of the date when the application was filed or the proposal was initiated.
B. Notice of a public hearing shall be given not less than ten (10) days prior to the date of the hearing by publication in at least one newspaper of general circulation within the city, which notice shall contain the date, time and place of the public hearing, the identity of the hearing body (planning commission or city council), a general explanation of the matter being considered, and a general description either in text or by diagram of the location of the real property, if any, which is the subject of the hearing.
C. Notice of a public hearing for an amendment pertaining to real property shall be given not less than ten (10) days prior to the date of the hearing in all of the following ways:
1. Publication as specified under Subsection B. of this section.
2. First class mailing, postage prepaid, at least ten (10) days prior to the hearing, a notice of the time and place of the hearing to the owner of the subject real property or the owner's duly authorized agent, and to the project applicant.
3. First class mailing, postage prepaid, a notice of the time and place of the hearing to all persons whose names appear on the property owners list submitted under Section
17.88.030.
4. First class mailing, postage prepaid, a notice of the time and place of the hearing to any person who has filed a written request, therefore, with the city council. Such request may be submitted at any time during the calendar year and shall apply to the balance of such year.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.88.050 Hearing.
A. At the public hearing, the planning commission shall review the application or the proposal and may receive pertinent evidence and testimony as to why and how the proposed change is necessary to achieve the objectives of the zoning title prescribed in Section 17.04.020, or why and how the proposed change is consistent with the general 318
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plan and the stated purposes and application intended for the zone classification proposed.
B. The commission may review proposals for the use of the property for which a change in district boundaries is proposed, or plans or drawings showing proposed structures or other improvements, in light of the fact that under the provisions of this code, a change in district boundaries cannot be made conditionally, except as provided in Section 17.88.100, and the owner of the property is bound only to comply with the regulations prescribed in this title.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.88.060 Investigation and report.
The planning department shall make an investigation of the application and shall prepare a report thereon, which shall be submitted to the planning commission, including a recommendation as to the action to be taken by the commission and a statement supporting such recommendation.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.88.070 Action of the planning commission.
Within forty (40) days after the completion of the public hearing, the planning commission shall make a specific finding in writing as to whether the change is required to achieve the objectives set forth in Section 17.04.020 of the zoning title, whether the change is consistent with the purposes and intended application of the zoning district affected or proposed, and that the change will be consistent with applicable provisions of the general plan. The commission shall transmit a report to the city council that the application is granted or denied, or that the proposal be adopted or rejected, including a written statement of the reasons for the recommendation, together with one copy of the complete record developed by the commission.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.88.080 Action by city council.
A. Upon receipt of the resolution and report of the planning commission, the city council shall hold a public hearing; provided, however, that if the matter under 319
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consideration is an amendment to change property from one district classification to another, and the planning commission has recommended against the adoption of the amendment, the city council need not take any further action thereon unless an interested party shall request such a hearing by filing a written appeal with the city clerk within five days after the planning commission files its recommendations with the city council.
B. Notice of the hearing shall be given in the manner provided under Section
17.88.040 of this chapter.
C. Within thirty (30) days following the close of the hearing, the city council shall make a specific finding in writing as to whether the amendment is required in order to achieve consistency with the general plan, to achieve the objectives set forth in Section
17.04.020 of the zoning title, and the stated purposes and application intended for the zone district classification proposed.
D. The city council may approve, modify or disapprove the recommendation of the planning commission; provided, however, that any modification shall first be referred to the planning commission for report and recommendation, but the commission shall not be required to hold a hearing thereon. Failure of the commission to report within forty (40) days of the reference, or such longer period as may be designated by the council, shall be deemed approval of the proposed modification.
E. If the council finds that the proposed change is required, in its original or modified form, it shall enact an ordinance amending the regulations of this title, or grant a special zoning exception as prescribed in Section 17.88.100. If the council finds that a change is not required, it shall deny the application or proposal for change. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.88.090 Relationship to environmental impact assessment and environmental impact reporting process.
An amendment to the zoning title shall be subject to the same procedures and regulations with respect to environmental assessment as are set forth for site plan review under the provisions of Section 17.72.080 of this title.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
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17.88.100 Special zoning exceptions—Alternate procedure for action of the planning commission and city council.
Whenever an application is filed with the city for a change in district boundaries, the planning commission and city council, in lieu of granting or denying said application, may grant to the applicant a special zoning exception by resolution which will permit said applicant (or his/her assignee) to develop or use said property in accordance with said application and the provisions of this section.
A. Before a special zoning exception may be granted by the planning commission, the commission may require the applicant to submit additional information relative to the application in the manner required in the filing of an application for a conditional use permit under this title. In any event, the provisions of Sections 17.88.010 through
17.88.080 and Sections 17.88.110 and 17.88.120 shall apply in addition to the provisions of this section. In filing an application, the applicant may request that the application be considered as a request for a special zoning exception.
B. The planning commission may grant a special zoning exception subject to any of the conditions prescribed in Section 17.72.040 and in accordance with the provisions of Sections 17.68.090 through 17.68.110 and Sections 17.72.030, 17.72.040 and 17.72.050 through 17.72.090 of this title.
C. Upon being granted a special zoning exception by the city council, the applicant shall develop his/her property in accordance with approved plans and conditions imposed under the provisions of this section.
D. Upon the development and use of property in accordance with the provision of Subsection C. of this section, the district or part thereof for which the special zoning exception was granted, shall be thereon rezoned, altered, amended and established in accordance with the original application, or as set forth in the order of the city council made at the time said zoning exception was granted.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.88.110 Change of zone plan.
A change in a district boundary shall be indicated on the zone plan with a notation of the date and number of the ordinance amending the plan.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
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17.88.120 New application.
Following the denial of an application for a change in district boundary, no application for the same or substantially the same change shall be filed within six months of the date of denial of the application.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
Chapter 17.90 DEVELOPMENT AGREEMENTS
17.90.010 Purpose.
The purpose of this chapter is to provide a mechanism that assures the applicant of a development project that upon approval, the applicant may proceed with the project in accordance with existing policies, rules and regulations and conditions that were applicable at the time of project approval, and in a manner consistent with California Government Code 65864 et seq.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.90.020 Objective.
The objective of a development agreement is to strengthen the public planning process, encourage private participation in comprehensive planning, reduce the economic costs of development and promote the construction of public improvements by the private sector by providing for provisions in the agreement whereby the applicant is reimbursed over time for the financing of the public improvements.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.90.030 Definitions.
For the purpose of this chapter, a development agreement shall mean the following:
"Development agreement." A contract duly executed and legally binding between the City of Kingsburg and a developer(s) that delineates the terms and conditions agreed upon by two or more parties.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
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17.90.040 Development agreement requirements.
To enter into a development agreement, the city shall find that:
A. A person has a legal and/or equitable interest in real property for the development of such property; and
B. The development project is consistent with the Kingsburg General Plan any applicable specific plan and the applicable provisions of this code. (Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.90.050 Development agreement contents.
A development agreement shall specify, among other necessary provisions as determined by the city or required by California Government Code Section 65864, et seq., the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land or facilities for pubic purposes. The development agreement may include conditions, terms, restrictions and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions and requirements shall not prevent development of the land for uses and to the density or intensity of development set forth in the agreement. The agreement may require that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.90.060 Application.
Should a person or entity wish to develop land pursuant to the provisions of a development agreement, the person or entity shall file an application for use of a development agreement with the planning department on a form prescribed by the planning department. The application shall be accompanied by a fee set by resolution of the city council. Also, the city may require the use of a development agreement for the development of any land within the city limits of the city. (Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.90.070 Hearings and notice.
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The planning commission and city council shall each hold a public hearing on the adoption of a development agreement. The city shall give notice of intention to consider adoption o the development agreement. Notice of public hearing shall be given as provided in California Government Code Sections 65090 and 65901 in addition to any other notice required by law for other actions to be considered concurrently with the development agreement. The form of the public notice to consider adoption of the development agreement shall contain the time and place of the hearing; a general explanation of the matter to be considered including a general description of the area affected; and other information required by this code or applicable law or which the city considers necessary or desirable.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.90.080 Report and findings.
The planning department shall prepare a report on the request for adoption of a development agreement. The planning department shall provide a recommendation to the planning commission and city council based on the following findings:
A. Is the project consistent with the Kingsburg General Plan and any applicable specific plan?
B. Is the project in compliance with the applicable city zoning and use in the applicable zone district, all applicable development standards and specifications and other applicable laws, rules and regulations?
C. The project will not be detrimental to the public health, safety and general welfare?
D. The project will provide sufficient benefit to the city to justify entering into the development agreement?
E. The project will not have a significant impact on the environment? (Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.90.090 Action of planning commission.
During the public hearing, the planning commission shall review the planning department's report and shall take action on the development agreement. The planning 324
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commission can approve, approve with conditions or deny the development agreement.
The planning commission's action and findings shall be forwarded to the city council. (Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.90.100 Action of city council.
During a public hearing, the city council shall review the planning department's report and consider the planning commission's recommendation and shall take action on the development agreement. The council can approve, approve with modifications or deny the development agreement. Subsequent to a decision by the city council, the following actions shall be initiated:
If the council approves or approves with modification the development agreement, it shall initiate proceedings to adopt an ordinance. After the ordinance takes effect, the city may enter into the approved development agreement with the applicant. (Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.90.110 Initiation of amendment or cancellation.
A development agreement may be amended, or cancelled 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 California Government Code Section 65867. An amendment to an agreement shall be subject to the he provisions of the California Government Code Section 65867.5. (Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.90.120 Recordation of development agreement.
A. Within ten (10) days after the city enters into the development agreement, the city shall have the agreement recorded with the county recorder against title to the real property upon which the development will be constructed. Unless otherwise agreed by the city, the development agreement shall be senior in title to all other liens or encumbrances of title to said real property.
B. If the parties to the development agreement or their successors in interest amend or cancel the development agreement, or if the city terminates or modifies the 325
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development agreement, the city shall have notice of such action recorded with the county recorder.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.90.130 Review of development agreement.
A. The planning department shall review the development agreement at least once every twelve (12) months after the date of the development agreement is entered into. The planning department shall report the findings to the city council. The time for review may be modified by agreement between the parties.
B. Should the planning director find that the developer is in non-compliance or not performing consistent with the provisions of the development agreement, the director shall report this finding to the city council. The city council may terminate the development agreement consistent with Section 17.90.110 of this chapter. (Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
Chapter 17.92 ENFORCEMENT*
17.92.010 Permits, certificates and licenses.
All officials, departments and employees of the city of Kingsburg vested with the authority or duty to issue permits, certificates or licenses, shall comply with the provisions of this title and shall issue no permit, certificate or license which conflicts with the provisions of this title. Any permits, certificates or licenses issued in conflict with the provisions of this code shall be void. Before issuing a business license for any new business or for a new location for any existing business activity, the city finance director or other authorized licensing official shall obtain the approval of the building department with regard to compliance with the provisions of this title. (Amended during 5-08 supplement)
17.92.020 Duties of officials.
The planning and development director, building official, chief of police, fire chief, and public works director, or their respective designees, shall be the officials responsible for the enforcement procedures set forth in this Chapter. In the discharge of their duties, 326
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these officials shall have the right to enter on any site, or to enter any structure for the purpose of investigation and inspection, provided the right of entry shall be exercised only at reasonable hours and that, in no case shall any structure be entered in the absence of the owner or tenant without the written order of a court of competent jurisdiction.
These officials may serve notice requiring the removal of any structure or use in violation of the Kingsburg Municipal Code upon the owner or his/her authorized agent, on a tenant, or on an architect, builder, contractor, or other person who commits or participates in any violation. These officials may also serve notice requiring the termination and/or cure of any other violation of the Kingsburg Municipal Code upon the violator of any provision of the Kingsburg Municipal Code. These officials may call upon the city attorney to institute the necessary legal proceedings to enforce the provisions of the Kingsburg Municipal Code and the city attorney is hereby authorized to institute appropriate actions to that end.
(Amended during 5-08 supplement)
(Ord. No. 2010-02, § 8, 7-21-2010)
17.92.021 Abatement.
Whenever the planning and development director, the building official, the chief of police, the fire chief, the public works director, or their respective designees (collectively "code enforcement officer") has inspected or determines that conditions constituting a violation of the Kingsburg Municipal Code and/or if a public nuisance exists, the code enforcement officer may use the procedures set forth in this Chapter for the abatement, termination and/or cure of such violation or nuisance.
(Amended during 5-08 supplement)
(Ord. No. 2009-02, § 1, 2009; Ord. No. 2010-02, § 9, 7-21-2010)
17.92.030 Violations—Penalties.
A. Except as otherwise provided in Section 1.20.010B of Chapter 1.20 of Title 1 of the Kingsburg Municipal Code, any person, firm, corporation, or organization violating any provision of the Kingsburg Municipal Code shall be guilty of an infraction. A person, firm, corporation, or organization shall be deemed guilty of a separate offense for each and every day a violation is committed and continues to exist. 327
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B. Any violations of the Kingsburg Municipal Code shall be and are hereby declared to be unlawful and a public nuisance. The city attorney is authorized to institute legal proceedings in order to prosecute said infraction and/or for the abatement, removal, enjoinment, termination, or cure of any such violation or public nuisance in the manner provided by law and shall take such other steps as may be necessary in order to enforce the provisions of the Kingsburg Municipal Code.
C. A fine for violations of the Kingsburg Municipal Code may be assessed by means of an administrative citation issued by the code enforcement officer, and shall be payable to the city.
D. Fines assessed by means of an administrative citation shall be collected in accordance with the procedures specified in this chapter.
E. The city may seek any and all other civil and administrative remedies provided by law.
F. All remedies provided for herein shall be accumulative and not exclusive. (Amended during 5-08 supplement)
(Ord. No. 2009-02, § 1, 2009; Ord. No. 2010-02, § 10, 7-21-2010)
17.92.040 Property maintenance.
A. It is hereby declared to be a public nuisance for any person owning, leasing, occupying or having charge or possession of any property within the city of Kingsburg to maintain such premises in such manner that any of the following conditions are found to exist thereon:
1. The real property or any buildings, structures, or improvements which violate the city's building code by creating a fire hazard, danger to human life, or hazards to public health, safety and general welfare, including dilapidation, broken equipment, hazardous pools, excavations, neglected machinery, indiscriminate outdoor storage of household goods or equipment, the keeping and outdoor storage of vehicles incapable of moving under their own power, and other similar attractive nuisances.
2. Premises not maintained so as to constitute a fire hazard by reason of weeds, grass, rank overgrowth or accumulation of debris, or which could harbor rats or other vermin, create unsightly appearance, or create conditions which are detrimental to neighboring properties.
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3. Broken windows or other structural defects which create hazardous conditions and invite trespassing and malicious mischief, including unsafe structural supports, boarded doorways and windows, dry rot, termites and similar hazards.
4. Clothes lines within front yard areas.
5. Garbage cans and garbage receptacles permanently stored within front yards which are visible from the public street and neighboring property owners.
6. Failure to maintain any wall, fence or hedge as to constitute a hazard to persons or property or to create an unsightly appearance.
(Amended during 5-08 supplement)
17.92.041 Issuance of administrative citations.
The code enforcement officer shall issue an administrative citation, and serve the same in accordance with the provision of Section 17.92.042 on the landowner and the person, if other than the landowner, occupying or otherwise in apparent charge or control of the property. The administrative citation shall contain the following:
A. The street address or assessor's parcel number and location description sufficient for identification of the property on which the violation and/or public nuisance exists; B. A statement that the code enforcement officer has determined that a violation and/or a public nuisance exists on the property, with a brief description of the conditions that render the property in violation and/or as a public nuisance and identification of the section(s) of the Kingsburg Municipal Code or other law or regulation violated; C. A statement to require the violator(s) to obtain all appropriate permits and correct the violation or abate the public nuisance within the time period identified in the administrative citation which time period shall not exceed ten (10) days from the date of service of the administrative citation, unless the code enforcement officer identifies a longer period of time on the administrative citation;
D. A statement advising that the disposal of material removed from the property in order to comply with the administrative citation shall be disposed of in the manner required by law;
E. A statement advising that if the required work is not commenced within the time specified, the code enforcement officer may proceed to cause the work to be done, and bill the persons named in the administrative citation for all abatement costs and 329
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administrative expenses of the city and/or levy the costs against the property by recordation of a notice of lien in accordance with Section 17.92.053 of this chapter; F. Amount of fine imposed for the violation(s);
G. Explanation of how the fine shall be paid and the consequences of failure to pay the fine;
H. Signature of the code enforcement officer and the signature of the violator if the violator can be located. If the violator refuses or does not sign the administrative citation, the lack of such signature shall in no way affect the validity of the administrative citation and subsequent proceedings;
I. A statement advising the person or persons identified in the administrative citation that they may appeal the issuance of the administrative citation in accordance with Section 17.92.046 of this chapter.
(Amended during 5-08 supplement)
17.92.042 Service of administrative citation.
The administrative citation, and any documents related thereto shall be served by one of the following methods:
A. Personal service; or
B. First class mail, postage prepaid, to each person identified in Section 17.92.041 at the address as it appears on the last equalized assessment roll of the county, or as otherwise known to the code enforcement officer. The address of the property owner shown on the assessment roll shall be conclusively deemed to be the property address for the purpose of service of the administrative citation. Service by mail in the manner described above shall be effective on the date of mailing; C. The failure of the person with an interest in the property to receive any administrative citation served in accordance with this section shall not affect the validity of any proceedings taken under this chapter. If the owner of record, after diligent search cannot be found, the administrative citation may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten (10) days. (Amended during 5-08 supplement)
17.92.043 Proof of service of administrative citation.
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Proof of service of the administrative citation shall be documented at the time of service by a declaration under penalty of perjury executed by the person effecting service, declaring the date and manner in which service was made. If the administrative citation is published, an affidavit of publication shall be obtained from the newspaper publishing the administrative citation.
(Amended during 5-08 supplement)
17.92.044 Abatement work—Extension of time.
Upon receipt of a written request from any person required to comply with the administrative citation, the code enforcement officer may grant an extension of time within which to complete the work or abatement, if the code enforcement officer determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property and if such person has begun and is diligently accomplishing the work or abatement. The code enforcement officer shall have the authority to place reasonable conditions on any such extensions. (Amended during 5-08 supplement)
17.92.045 Fines assessed.
A. The city council by resolution shall establish the amount of the fine to be assessed for administrative citations issued by the code enforcement officer.
B. If the violator or property owner fails to correct the violation; subsequent administrative citations may be issued for the same violation(s).
C. Payment of the fine shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the city.
D. All fines assessed shall be payable to the city.
E. The failure of any person to pay a fine assessed by administrative citation within the time specified on the citation shall result in the assessment of additional fines.
F. The failure of any person to pay a fine assessed by administrative citation within the time specified on the administrative citation constitutes a debt to the city. To enforce that debt, the code enforcement officer may file a claim with the small claims court; impose an assessment lien as set forth in section 17.92.053; or pursue any other legal remedy to collect such money.
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(Amended during 5-08 supplement)
(Ord. No. 2009-02, § 1, 2009)
17.92.046 Appeal of administrative citation.
A. Any person receiving an administrative citation may appeal the issuance of the administrative citation to the city council. The notice of appeal must be submitted on an appeal form provided by the building department, must specify the basis for the appeal in detail and must be filed with the building official within ten (10) calendar days after the date on the administrative citation. If the deadline falls on a weekend or city holiday, then the deadline shall be extended until the next regular business day.
B. If the notice of appeal is filed in accordance with the provisions of subsection A of this section, the enforcement of the violations identified in the administrative citation and the requirement to pay any fine shall be stayed until the date that the appeal hearing is held by the city council. Except that, if the code enforcement officer determines that the violations identified in the administrative citation constitute an immediate threat to the health or safety of the occupant of the property or the public in general, the code enforcement officer shall proceed with enforcement of the violations.
C. As soon as practicable after receiving the written notice of appeal, the building official or city clerk shall fix a date, time and place for the hearing. Written notice of the date, time and place for the hearing shall be served at least ten (10) calendar days prior to the date of the hearing to the party appealing the administrative citation by any one of the following means:
1. Personal service;
2. First class mail and posting the notice of hearing conspicuously on or in front of the property on which the violation is located.
The failure of any person with an interest in the property to receive such notice shall not affect the validity of any proceedings taken under this chapter. Service by normal delivery mail in the manner described above shall become effective on the date of mailing.
D. Failure of any person to file an appeal in accordance with the provisions of this section shall constitute waiver of that person's rights to administrative determination of the merits of the administrative citation and the amount of the fine. 332
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E. The city council shall conduct an orderly proceeding and accept oral and written evidence regarding the administration citation in the following manner:
1. The director or the code enforcement officer shall present testimony and evidence relating to the violation and the appropriate means of correcting the violation.
2. The owner, agent or person responsible for the violation may present testimony or evidence concerning the violation and the means and time frame for correction.
F. The director shall establish all appropriate rules for conducting hearings and rendering decisions pursuant to this section.
G. The city council may sustain, notify or overrule the administrative citation.
H. The decision of the city council regarding any appeal is the final administrative order and decision.
(Amended during 5-08 supplement)
17.92.047 Performance of abatement—City authority.
If the violator and/or property owner fails to comply with the requirements of the administrative citation within the time periods set forth therein, the work to be performed and/or the abatement of the nuisance may, in the discretion of the code enforcement officer, be performed by the city or by a contractor retained by the city. (Amended during 5-08 supplement)
17.92.048 Entering property for abatement work.
The code enforcement officer or any employee, contractor or authorized representative of the city may enter upon private property to abate the violation and/or nuisance in accordance with the provisions of this chapter. No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the city whenever such person is engaged in the work or abatement, or in performing any necessary act preliminary to or incidental to such work or abatement, as authorized or directed pursuant to this chapter.
(Amended during 5-08 supplement)
17.92.049 Dangerous nuisance—Immediate abatement—Notice and costs. 333
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Whenever the code enforcement officer determines that a violation or public nuisance is so imminently dangerous to life or adjacent property that such condition must be immediately corrected or isolated, the code enforcement officer may institute the following procedures:
A. Notice. The code enforcement officer shall attempt to make contact through a personal interview, or by telephone, with the landowner or the person, if any, occupying or otherwise in apparent charge or control of the property. In the event contact is made, the code enforcement officer shall notify such person or persons of the danger involved and require that such condition be immediately removed, repaired or isolated so as to preclude harm to any person or property.
B. Abatement. In the event the code enforcement officer is unable to make contact as herein above noted, or if the appropriate persons, after notification by the code enforcement officer, do not take action as specified by the code enforcement officer, within twenty-four (24) hours or such lesser time as circumstances may warrant in the discretion of the code enforcement officer, then the code enforcement officer may, with the approval of the building official take all steps deemed necessary to repair, remove or isolate such dangerous condition, or conditions with the use of city forces or a contractor retained by the city.
C. Costs. The code enforcement officer shall keep an itemized account of the work and abatement costs and administrative expenses incurred by the city in repairing, removing, or isolating such condition or conditions. Administrative expenses may be recovered in the same manner that work and abatement costs are recovered. (Amended during 5-08 supplement)
17.92.050 Administrative and abatement costs.
Whenever a violation or public nuisance is found to exist as a result of an inspection, the actual work and abatement costs and reasonable administrative expenses as determined by the code enforcement officer shall be paid by the property owner. (Amended during 5-08 supplement)
17.92.051 Costs of abatement—Record keeping.
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The code enforcement officer shall keep an itemized account of the expenses and costs incurred by the city in the work and abatement of any violation or public nuisance. Upon completion of the work and abatement, the code enforcement officer shall prepare a report specifying the work and abatement performed, the itemized costs of the work on the property, including direct and indirect costs, a description of the property, and the names and addresses of the persons entitled to service pursuant to Section 17.92.042 of this chapter. Any such report may include expenses and costs on any number of properties, whether or not contiguous to each other. Each person named in the administrative citation shall be jointly and severally liable for such work and abatement costs and administrative expenses, and the amount of such costs and expenses shall be a debt owed to the city. Such report shall be served upon the persons identified therein in accordance with Section 17.92.042, together with a demand that the amount identified therein be paid within thirty (30) days of receipt of the report. (Amended during 5-08 supplement)
17.92.052 Appeal of costs of abatement.
The written demand for payment identified in Section 17.92.051 shall advise the person or persons identified in the written demand that they may appeal the demand for payment and the calculation of the amounts identified in the code enforcement officer's report, within ten (10) days from the date of service of the written demand, which appeal must be made in accordance with the provisions of Section 17.92.046. The appeal shall be conducted in accordance with the provisions of Section 17.92.046. (Amended during 5-08 supplement)
17.92.053 Notice of lien.
A. Notice of Lien. If a violator fails to pay a fine within the time period identified on the administrative citation or should the violator fail to pay the costs of abatement within the time period identified in Section 17.92.051 or within ten (10) days after the date of the decision of the hearing officer should the hearing officer affirm the collection of a fine or the costs of abatement, the code enforcement officer shall execute and file in the office of the county recorder a notice of lien of substantially the following form:
NOTICE OF LIEN
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Pursuant to the authority vested in the Code Enforcement Officer of the City of Kingsburg Municipal Code, said Code Enforcement Officer, by the provisions of the City of Kingsburg Municipal Code, and on or about, said Code Enforcement Officer did assess a fine and/or, on or administrative expenses and abatement costs upon that certain real property commonly known as, Kingsburg, California, and more particularly described in Exhibit "A", which is attached hereto and made a part hereof ("Real Property"), and neither the same has been paid. The City of Kingsburg hereby claims a lien on the Real Property for said fine and/or administrative expenses and abatement costs in the amount of $. This amount shall be a lien upon the Real Property until the sum has been paid in full and discharged of record.
Dated: This day of _______, 2007.
CODE ENFORCEMENT OFFICER OF THE CITY OF KINGSBURG
(ACKNOWLEDGMENT)
B. Recordation. Immediately upon the recording of the notice of lien, the assessment shall constitute a lien on the real property assessed. Such lien shall, for all purposes, be upon a parity with the lien of state and local taxes.
(Amended during 5-08 supplement)
17.92.054 Confirmed assessment—Collection.
A. Assessment Book. The notice of lien, after recording, shall be delivered to the tax assessor of Fresno or Tulare County, who shall enter the amount on the county assessment book opposite the description of the real property, and the amount shall be collected together with all other taxes levied thereon against the real property.
B. Collection. Thereafter, the amount set forth in the notice of lien shall be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes are made applicable to such assessment. The amount set forth in the notice of lien shall be returned to the city to the fund designated for code enforcement activities.
(Amended during 5-08 supplement)
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17.92.055 Remedies of private parties.
The provisions of this chapter shall not affect the rights of private parties to pursue any and all legal remedies.
(Amended during 5-08 supplement)
17.92.056 Alternatives.
Nothing in this chapter shall prevent the city council from requesting the city attorney to commence a civil or criminal proceeding to abate a violation and/or a public nuisance as an alternative to the proceedings set forth in this chapter. (Amended during 5-08 supplement)
17.92.057 Enforcement authority.
Enforcement of this chapter by the city may be accomplished by the code enforcement officer in any manner authorized by law. The procedures set forth in this chapter shall not be exclusive and shall not in any manner limit or restrict the city from enforcing other city ordinances or abating violations and/or public nuisances in any other manner provided by law.
(Amended during 5-08 supplement)
17.92.058 Violation—Penalty.
A. Any person who removes any notice or order posted as required in this chapter without the consent of the city is guilty of an infraction.
B. Any person who obstructs, impedes or interferes with any representative or contractor of the city or with any person who owns or holds any estate or interest in real property, buildings or premises which has been ordered to be vacated, repaired, rehabilitated or demolished or brought into compliance with this chapter, when any of the aforementioned individuals are engaged in work involving the abatement, is guilty of an infraction.
(Amended during 5-08 supplement)
17.92.059 Violation—Abatement.
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A. It is unlawful for a person to violate any provision or to fail to comply with any of the requirements of this chapter. A violation of any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall constitute an infraction which shall be punishable by fine as established by the resolution of the city council.
B. Each such person may be charged with a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person and shall, upon conviction, be punished accordingly.
(Amended during 5-08 supplement)
Chapter 17.94 ABATEMENT OF SUBSTANDARD BUILDINGS
17.94.010 Abatement actions.
Actions instituted by the city to abate substandard buildings shall be in accordance with the provisions set forth in Article 3 (commencing with Section 17980) of Division 13, Part
1.5 of the Health and Safety Code.
(Ord. No. 2017-007, § 2, 9-6-2017)
17.94.020 Abatement procedure.
The procedures for abatement, prescribed by this chapter, prescribed by applicable law or other procedures as determined by the city to be equivalent for the purpose intended, may be used. The planning and development director, building official, chief of police, fire chief, and public works director, or their respective designees, shall be the city officials responsible for the enforcement procedures set forth in this chapter. In the discharge of their duties, these officials shall have the right to enter on any site, or to enter any structure for the purpose of investigation and inspection. (Ord. No. 2017-007, § 2, 9-6-2017)
17.94.030 Substandard building as a nuisance—Notices.
Whenever the city determines any building or portion thereof has become substandard as described in Section 17920.3 of the California Health and Safety Code or is a building described in Section 17920.10 of the California Health and Safety Code and when 338
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determined to be a nuisance as defined in Section 17920 of the California Health and Safety Code by the city, the following procedures shall apply.
The city shall notify the owner of the building and any mortgagee or beneficiary under any deed of trust of record, as follows. The notice shall state the conditions causing the building to be substandard or in violation of Section 17920.10 of the Health and Safety Code, and may order the building or portion thereof, vacated and the owner shall institute proceedings for the correction or abatement of the building or portion thereof, either by demolition or repair, which correction or abatement shall be completed within thirty (30) days after the date of the notice. If, in the opinion of the city, these conditions can be corrected or abated by repair, the notice shall state the repairs which are required.
If the building is encumbered by a mortgage or deed of trust, of record and the owner of the building has not complied with the requirements identified in the notice from the city on or before the expiration of thirty (30) days after the date of mailing and posting of the notice, the mortgagee or beneficiary under the deed of trust may, within fifteen (15) days after the expiration of the thirty-day period, comply with the requirements of the notice from the city, in which event the cost to the mortgagee or beneficiary shall be added to, and become a part of, the lien secured by the mortgage or deed of trust, and shall be payable at the same time and in the same manner as may be prescribed in the mortgage or deed of trust for the payment of any taxes advanced or paid by the mortgagee or beneficiary for and on behalf of the owner.
If the notice from the city has not been complied with on or before the expiration of fortyfive (45) days after the date of mailing and posting of the notice, the city may institute an appropriate action or proceeding to correct or abate the condition, as would be taken to correct or abate any nuisance or any violation of any other provision of this chapter or, as an alternative procedure, the city may institute proceedings for the abatement of the nuisance and substandard building, after notice and hearing, before the city council as provided in this chapter.
(Ord. No. 2017-007, § 2, 9-6-2017)
17.94.040 Revolving fund.
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For the purpose of providing for the advancement of costs in the enforcement of the provisions of this chapter, the city may create a revolving fund or funds from which may be paid the costs of enforcing the provisions of this chapter and into which may be paid the receipts from the collection of costs or fines imposed by the city in the enforcement of this chapter.
(Ord. No. 2017-007, § 2, 9-6-2017)
17.94.050 Manner of giving notice.
The notices required in Section 17.94.030 shall be given in the following manner. The city shall post conspicuously at least one copy of the notice identified in Section 17.94.030 on the substandard building, and shall send another copy by registered or certified mail, postage prepaid, return receipt requested, to the person owning the land on which the building is located, as that person's name and address appear on the last equalized assessment roll, or as known to the city clerk and to any mortgagee or beneficiary under a deed of trust of record. If the address of the owner cannot be determined by the city, this fact shall be stated in the copy so mailed and the notice shall be addressed to the owner at the county seat of the county where the property is located.
The officer or employee of the city upon giving the notice, shall file an affidavit with the city clerk, certifying the time and the manner in which the notice was given along with any receipt card returned either acknowledging of the receipt of the notice by registered mail or acknowledging the notice was refused or undeliverable. The refusal of delivery of the notice or if the notice was undeliverable, shall satisfy the notice requirement set forth in this Section 17.94.050. The failure of any owner or other person to receive the notice, shall not affect in any manner the validity of any proceedings taken hereunder. (Ord. No. 2017-007, § 2, 9-6-2017)
17.94.060 Second notice.
(a) If the city elects to proceed with the abatement of the nuisance through proceedings instituted before the city council as provided in this chapter, it shall give a second notice in the same manner as set forth in Section 17.94.050 directing the owner of the building to appear before the city council at a stated time and place and show cause why the building should not be found to be a nuisance and the nuisance be abated as 340
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provided in this chapter. A copy of this notice shall be mailed to each mortgagee or beneficiary under any deed of trust of record in the manner prescribed in Section
17.94.050. The notice shall be headed "Notice to Abate Nuisance" in letters of not less than three-fourths of an inch in height and shall be substantially in the following form:
NOTICE TO ABATE NUISANCE
The owner of the building located at _______, Kingsburg, California ("building") is hereby notified to appear before the Kingsburg City Council at its regular/special meeting to be held _______, 20___, at the City Council Chambers, 1401 Draper Street, Kingsburg, California, at the hour of ___ o'clock _.m., or as soon thereafter as the owner may be heard, and show cause, if any, why the building should not be declared a public nuisance and the nuisance be abated by reconstructing or repairing the building or by razing or removing the building.
Dated: _______, 20___
CITY OF KINGSBURG
By: ___________
___________, City Clerk
(b) The officer or employee of the city giving such notice shall file an affidavit of posting and mailing in the manner required by Section 17.94.050. (Ord. No. 2017-007, § 2, 9-6-2017)
17.94.070 Abatement hearing.
(a) At the time fixed in notice identified in Section 17.94.060, the city council shall hold a hearing and receive testimony from city staff, the owner of the building or its representatives, if present at said hearing, and other persons who may be present and desire to testify, respecting the condition of the building, the estimated cost of its reconstruction, repair or removal, and any other matter which the city council may deem pertinent thereto. Upon the conclusion of the hearing, the city council shall, by resolution, declare its findings and decision whether the building is a nuisance and direct the owner to abate the nuisance within thirty (30) days after the date of posting on the building a notice of the passage of said resolution by properly reconstructing, repairing, or having the building razed or removed and notifying the owner of the building that if the nuisance is not abated within the thirty-day period, the nuisance will be abated by the 341
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city by reconstruction, repair or razing and removing the building and the expense thereof made a lien on the lot or parcel of land upon which said building is located. (b) At any time within sixty (60) days after the passage of any resolution directing the abatement of a nuisance, the city shall post a copy of the resolution conspicuously on the building so declared to be a nuisance and mail another copy by registered mail, postage prepaid, return receipt requested, to the person owning the land on which the building is located as such person's name and address appear on the last equalized assessment roll or as known to the clerk of the city, and a copy of said notice shall be mailed to each mortgagee or beneficiary under any deed of trust, of record, at the last known address of such mortgagee or beneficiary, and if such addresses are unknown to the city, then said fact shall be stated in said copy so mailed and it shall be addressed to the owner of the land or the mortgage or beneficiary under the deed of trust at the county seat of the county where the property is located. The officer or employee of the city, upon giving the notice, shall file an affidavit thereof in the manner provided for in Section 17.94.050. The city council may grant any extension of time to abate the nuisance as it may deem justifiable upon good cause therefore being shown.
(Ord. No. 2017-007, § 2, 9-6-2017)
17.94.080 Time to bring action.
The owner of the building or other interested person offering objections during the abatement hearing before the city council at which a resolution of abatement of the nuisance is passed, must bring an action in a court of competent jurisdiction within thirty (30) days after the date of posting on said premises a notice of the passage of the resolution declaring the nuisance to exist to contest the validity of any proceedings leading up to and including the adoption of the resolution; otherwise all objections will be deemed to have been waived.
(Ord. No. 2017-007, § 2, 9-6-2017)
17.94.090 Jurisdiction to abate.
Thirty (30) days after the posting of the copies of the resolution declaring a building a nuisance, the city shall be deemed to have acquired jurisdiction to abate such nuisance by reconstructing, repairing, razing or removing the building, unless the nuisance is abated 342
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by the owner or other person within said thirty-day period or any extension thereof granted by the city council. In the event that the nuisance is not abated within the time prescribed, the city may thereupon take the abatement action identified in the city council resolution or have the abatement action performed by a contractor under its direction and supervision.
(Ord. No. 2017-007, § 2, 9-6-2017)
17.94.100 Sale of materials.
The building materials contained in a building razed or removed may be sold by the city at public sale to the highest responsible bidder after not less than five (5) days' notice of the intended sale is published at least once in a newspaper of general circulation published in the city or county where the building is located, either before or after said building has been razed or removed. Any amount received from the sale of such building materials shall be deducted from the expense of razing or removing the building. The city shall keep an itemized account of the expenses involved in the razing or removing of any building and shall deduct therefrom the amount received from the sale of the building materials. The city shall cause to be posted conspicuously on the property from which the building was razed or removed a statement verified by the officer or employee of the city in charge of performing the work showing the gross and net expense of the razing or removing of such building together with a notice of the time and place when and where said statement shall be submitted to the city council for approval and confirmation and at which time said city council shall consider any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of the abatement work and any other interested persons. A copy of said statement and notice shall be mailed in the manner prescribed in Section 17.94.050 and an affidavit of such posting and mailing shall be filed in the manner prescribed in that section. The time for confirmation shall be not less than five (5) days after the date of the posting and mailing of said statement and notice.
(Ord. No. 2017-007, § 2, 9-6-2017)
17.94.110 Statement of expense.
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(a) At the time fixed for the hearing of the statement of expense the city council shall consider the statement, together with any objections or protests which may be raised by any of the property owner liable to be assessed for the abatement work and any other interested persons. At the conclusion of the hearing, the city council may make such revision, correction, or modification to the statement of expense as it may deem necessary, after which, by motion, said statement of expenses as submitted, or in the event any revisions, corrections or modifications have been made by said city council said statement of expenses as revised, corrected or modified, shall be approved. (b) In the event that the cost for abating the nuisance exceeds the proceeds received from the sale of any materials, the amount of the net expense of abating the nuisance, if not paid within five (5) days after the decision of the city council on the statement of expense, shall constitute a lien on the real property upon which the building is or was located, which lien shall continue until the amount thereof and interest thereon at the rate of ten percent (10%) per annum, computed from the date of approval and confirmation of the statement of expense until paid, or until it is discharged of record.
This lien shall, for all purposes, be upon parity with the lien of state, county, and municipal taxes. In the event of nonpayment, the city council shall, at any time within sixty (60) days after the decision of the city council on the statement of expense, cause to be filed in the office of the county recorder of the county in which the property is located a certificate substantially in the following form:
NOTICE OF LIEN
Pursuant to the authority vested in the undersigned by Division 13, Part 1.5 of the Health and Safety Code and California Code of Regulations, Title 25, Chapter 1, Subchapter 1, of the State of California, the undersigned did on the ___ day of _______, 20___, cause a nuisance to be abated on the real property hereinafter described; and the undersigned did on the ___ day of _______, 20___, by action duly recorded in its official minutes as of that date, assess the cost of the abatement, less the amount received from the sale of any building materials upon the real property hereinafter described, and the same has not been paid nor any part thereof; and the City of Kingsburg does hereby claim a lien on the real property hereinafter described for the net expense of the abatement of the nuisance in the sum of $_____, and the same shall be a lien upon the real property until the sum, with interest at the rate of ten percent (10%) per annum, from the ___ day of _______, 344
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20___, has been paid in full and discharged of record. The real property hereinbefore mentioned, and upon which a lien is claimed, is that certain real property located in the City of Kingsburg, County of _______, State of California, and particularly described as follows:
Dated: _______, 20___
CITY OF KINGSBURG
By: ___________
___________, City Clerk
(c) From and after the date of the recording of said notice of lien all persons shall be deemed to have had notice of the contents thereof. The statute of limitations shall not run against the right of the city to enforce the payment of said lien. (d) In the event that the amount received from the sale of material exceeds the expenses of abating the nuisance, such excess shall be deposited with the finance director of the city to the credit of the owner of said property or to such other person legally entitled thereto, and such excess shall be payable to said owner or other person on demand and upon producing evidence of ownership of the property satisfactory to the finance director.
(Ord. No. 2017-007, § 2, 9-6-2017)
Chapter 17.96 CONSTRUCTION AND DEFINITIONS
17.96.010 Construction.
The following rules of construction shall apply unless inconsistent with the plain meaning of the context of this title.
A. Tense. Words used in the present tense include the future tense.
B. Number. Words used in the singular include the plural, and words used in the plural include the singular.
C. Shall and May. The word "shall" is mandatory; the word "may" is permissive.
D. Gender. The masculine shall include the feminine and neuter.
E. Headings. In the event that there is any conflict or inconsistency between the heading of a chapter, section or subsection of this title and the context thereof, the said heading shall not be deemed to affect the scope, meaning or intent of such context. 345
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(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.96.020 General terminology.
The word "city" shall mean the city of Kingsburg, California. The words "city council" and "council" shall mean the city council of the city of Kingsburg. The words "planning commission" and "commission" shall mean the planning commission of the city of Kingsburg. The words "planning department" and "department" shall mean the planning department of the city of Kingsburg. The words "planning director" and "director" shall mean the planning director of the city of Kingsburg. The words "city clerk" and "city engineer" shall mean the city clerk and city engineer of the city of Kingsburg. The words "building official" and "building inspector" shall mean the building official of the city of Kingsburg. The words "architectural design review committee" and "committee" shall mean the architectural design review committee of the city of Kingsburg.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.96.030 Definitions.
For the purpose of this title, certain words and terms used herein are defined as follows:
"Accessory building" means a building or structure which is subordinate to, and the use of which is customarily incidental to that of the main building, structure or use on the same site, including patio covers. Except in the case of garden structures, if any accessory building is attached to the main building by a common wall or a connecting roof, such accessory building shall be deemed to be a part of the main building. “Accessory dwelling unit” means an attached or a detached dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the primary dwelling unit is situated. An accessory dwelling unit also includes an efficiency unit, as defined in California Health and Safety Code Section 17958.1, and a manufactured home, as defined in California Health and Safety Code Section 18007. "Accessory use" means a use incidental, related, appropriate and clearly subordinate to the main use of the site or building, which accessory use does not alter the principle use of the site.
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"Alter" means to make any change in the supporting or load-bearing members of a building, such as bearing walls, columns, beams, girders or floor joists. "Animal hospital" means a place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Use as a kennel shall be limited to short-time boarding and shall be only incidental to such hospital use, and within an enclosed soundproof structure.
"Arcade" means any establishment operating or exhibiting more than five amusement devices. An amusement device is a machine operated for the purpose of gaming as a contest of skill, or for amusement of any description, for which a fee is charged. "Automobile wrecking yard" means a site or portions of a site on which the dismantling or wrecking of used vehicles or the storage, sale or dumping of dismantled or wrecked vehicles or their parts are conducted. The presence on a site of three or more motor vehicles which have not been capable of operating under their own power for fifteen (15) days or more, or, in the case of vehicles not self-propelled, which have not been towable or from which parts have been removed for reuse or sales, shall constitute prima facie evidence of a motor vehicle wrecking yard.
"Billboard" means the same as outdoor advertising structure. "Block" means the properties abutting on one side of a street and lying between two nearest intersecting or intercepting street and railroad right-of-way, unsubdivided land or watercourse.
"Boarding or rooming house" means a building where lodging and meals are provided for compensation for five but not more than fifteen (15) persons, not including rest homes.
"Borrow pit" means any place or premises where dirt, soil, sand, gravel or other materials are removed by excavation or otherwise below the grade of surrounding land for any purpose other than that necessary and incidental to grading or to building construction or operation on the premises.
"Breezeway" means a roofed passageway, open on at least two sides, connecting the main structure on a site with another main structure or accessory use on the same site. "Building" means a permanently located structure, having a roof, for the housing or enclosure of persons, chattels or property of any kind. Mobilehomes, travel trailers and 347
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other vehicles, even though permanently immobilized, shall not be deemed to be buildings.
"Building, main" means a building within which is conducted the principle use permitted on the lot or site as provided by this title.
"Building setback line" means the minimum distance as prescribed by this chapter between any property line and the closest point on the foundation or any supporting post or pillar of any building or structure related thereto. "Carport" means an accessory structure or portion of a main structure open on two or more sides designed for the storage of motor vehicles, without full enclosure. "Cemetery" means land used or intended to be used for the burial of the dead, and dedicated for such purposes, including columbarium, crematoriums, mausoleums and mortuaries, when operated in conjunction with and within the boundaries of such premises.
"Clinic" means a place for the provision of group medical services. "Club" means an association of persons for some common non-profit purposes, but not including groups organized primarily to render a service which is customarily carried on as a business.
"College" means an education institution offering advanced instruction in any academic field beyond the secondary level, but not including trade schools or business colleges. "College, trade" means the same as school, trade.
"Commercial office" means any administrative or clerical office maintained as a business and any office established by a public service over which this ordinance has jurisdiction. "Communications equipment building" means a building housing electrical and mechanical equipment necessary for the conduct of a public communication business, with or without personnel.
"Convalescent home" means the same as "rest home."
"Dump" means a place used for the disposal, abandonment or discarding by burial, incineration or by any other means of any garbage, sewage, trash, refuse, rubble, waste material, offal or dead animals.
"Drive-in restaurant" means an establishment which serves food or beverages to persons while seated in or on a motor vehicle, and/or which serves food or beverages for consumption off the premises.
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"Dwelling" means a building or portion thereof, designed exclusively for residential purposes, including one-family, two-family, three-family and multiple dwellings; including mobile homes; not including hotels, apartment hotels, boarding and lodging houses, fraternity and sorority houses, rest homes, convalescent homes, nursing homes, child care nurseries, or house trailers even though permanently immobilized. "Dwelling, one-family" means a detached building designed exclusively for occupancy by one family for residential purposes.
"Dwelling, two-family" means a building designed exclusively for occupancy by two families living independently of each other (e.g., duplex). "Dwelling, three-family" means a building designed exclusively for occupancy by three families living independently of each other (e.g., triplex). "Dwelling, multi-family" means a building designed exclusively for occupancy by four or more families living independently of each other (e.g., fourplex or apartment). "Dwelling unit" means one or more rooms and a kitchen designed for occupancy by one family for living and sleeping purposes.
"Educational institutions" means public or other non-profit institutions conducting regular academic instruction at pre-school, kindergarten, elementary, secondary and collegiate levels, and including graduate schools, universities, non-profit research institutions and religious institutions. Such institutions must either: 1) offer general academic instruction equivalent to the standards prescribed by the State Board of Education, 2) confer degrees as a college or university of undergraduate or graduate standing, 3) conduct research or 4) give religious instruction. This definition does not include schools, academies or institutes, incorporated or otherwise, which operate for a profit, nor does it include commercial or trade schools. "Electrical distribution substation" means an assemblage of equipment which is part of a system for the distribution of electric power where electric energy is received at a subtransmission voltage and transformed to a lower voltage for distribution for general consumer use.
"Electrical transmission substation" means an assemblage of equipment which is part of a system for the transmission of electric power where electric energy is received at a very high voltage from its source of generation by means of a network of high voltage lines and where, by means of transformers, said high voltage is transformed to a low 349
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subtransmission voltage for purposes of supplying electric power to large individual consumers, interchange connections with other power producing agencies or electric distribution substations for transformation to still lower voltages for distribution to smaller individual users.
"Emergency housing" means housing with minimal supportive services for homeless persons that is limited to occupancy of six (6) months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. “Emergency shelter” means housing with minimal support for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. Medical assistance, counseling, and meals may be provided. Emergency shelter also means navigation centers, bridge housing, and respite or recuperative care. “Employee Housing” means living quarters including dwellings, railroad maintenance cars, trailer coaches, or other housing accommodations maintained in connection with any work or place where work is being performed and the site on which they are located, excepting farm employee housing as defined in this section. "Family" means, one or more persons living in a dwelling. “Farmworker Housing” means living accommodations for employees and their immediate families employed for the exclusive purpose of agricultural pursuits either on the premises or off-site. It includes single- or multi-unit dwellings, including mobile homes.
"Fence, open" means a fence, fifty (50) percent or more of the vertical surface of which is open to the transmission of light, air and vision.
"Fence, screened" means a fence, ninety (90) percent or more of the vertical surface of which is closed to the transmission of light, air and vision. "Frontage" means the property line of a site abutting on a street, other than the side line of a corner lot.
"Garage, private" means a detached accessory building or a portion of a main building on the same lot as a dwelling for the housing of vehicles of the occupants of the dwelling, including carports.
"Garage, repair" means a structure or part thereof, other than a private garage, where motor vehicles are repaired or painted.
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"Garden structure" means an arbor, deck, fountain, lath house, pergola, raised planting bed, trellis or other similar structure intended specifically to enhance the appearance of the garden or which has a function relating to the use of outdoor space, but not including a house, garage, carport or storage building.
“Group Residential Facility” means a shared living quarters without separate kitchen or bathroom facilities for each room or unit, offered for rent for permanent or semitransient residents on a weekly or longer basis. Facilities are typically licensed by the State of California. This classification includes clean and sober living facilities, other types of organizational housing, private residential clubs, and farmworker housing, but excludes bed and breakfasts, dormitories, fraternity and sorority houses, boarding homes, rest homes, hotels, motels, and residential care facilities.
A small group residential facility is a facility that houses six or fewer persons.
A large group residential facility is a facility that houses seven or more persons. "Guest house" means living or sleeping quarters within an accessory building for the sole use of occupants of the premises, guests of such occupants or persons employed on the premises. Such quarters shall have no kitchen facilities and shall not be rented. "Hazardous waste" means any waste, or combination of wastes as specified in Title 22 of the California Code of Regulations, which because of its quantity, concentration, physical, chemical or infectious characteristics may either cause, or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating irreversible illness, or pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of, or otherwise managed.
"Home occupation" means the conduct of an art or profession, the offering of a service or the conduct of a business, or the handcraft manufacture of products within a dwelling in a residential district, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which does not change the character thereof, in accordance with the regulations prescribed in Chapter 17.56. "Homeowner's association" means a community association composed of individual owners of a development which is created for the purpose of holding title to, managing and maintaining the common property, and enforcing certain covenants and restrictions for the overall benefit of its members.
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"Hotel" means a building in which there are sixteen (16) or more guest rooms where lodging with or without meals is provided for compensation, usually on a transient basis. "Hotel" shall not be construed to include motel, trailer court, sanitarium, hospital or other institutional building, or jail or other building where persons are housed under restraint.
“Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.
"Junk yard" means a site or portion of a site on which waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including used furniture and household equipment yards, house wrecking yards, used lumber yards and similar storage yards, excepting a site on which uses are conducted within a completely enclosed structure and excepting motor vehicle wrecking yards as defined in this section. An establishment for the sale, purchase or storage of used cars, farm equipment or salvaged machinery in operable condition and the processing of used or salvaged materials as part of a manufacturing operation shall not be deemed a junk yard.
"Kennel" means any lot or premises on which four or more dogs and/or cats at least four months of age are kept, boarded or trained, whether in special buildings or runways or not.
"Kitchen" means any room used or intended or designed to be used for cooking or the preparation of food.
"Lodge" means an order or society of persons organized for some common non-profit purpose, but not including groups organized primarily to render a service which is customarily carried on as a business.
"Lodging house" means a dwelling in which lodging or lodging and meals are provided for compensation for more than five but not more than fifteen (15) persons other than members of the resident family, excepting a nursing home as defined in this section. "Lot" means a single parcel of land for which a legal description is filed of record, or the boundaries of which are shown on a subdivision map, or record of survey map filed in the office of the San Joaquin County Recorder. The term "lot" shall include a part of a single 352
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parcel of land when such part is used as though a separate lot for all of the purposes and under all of the requirements of this title. The term "lot" shall include two or more abutting lots when combined and used as though a single lot. "Lot area" means the total horizontal area within the lot lines of a lot. "Lot, corner" means a lot situated at the intersection of two or more streets which have an angle of intersection of not more than one hundred thirty-five (135) degrees. "Lot, coverage" means that portion of a lot or building site which is occupied by any building or structure, excepting paved areas, walks and swimming pools, regardless of whether said building or structure is intended for human occupancy. "Lot depth" means the depth of a lot shall be the horizontal length of a straight line connecting the midpoints of the front and rear lot lines. "Lot, double frontage" means an interior lot having frontage on and with access on two parallel or approximately parallel streets.
"Lot, interior" means a lot other than a corner lot or reverse corner lot. "Lot, key" means the first lot to the rear of a reversed corner lot, whether or not separated by an alley.
"Lot line, front" means in the case of an interior lot, a line separating the lot from the street. In the case of a corner lot, the line separating the narrowest street frontage of the lot from the street.
"Lot line, rear" means a lot line which is opposite and most distant from the front lot line, or, in the case of an irregular triangular or gore-shaped lot, a line ten (10) feet in length within the lot parallel to and at a maximum distance from the front lot line. "Lot line, side" means any lot boundary line not a front lot line or a rear lot line. "Lot, reversed corner" means a corner lot, the street side of which is substantially a continuation of the front lot line of the lot upon which it rears.
Lot, through. See "lot, double frontage."
"Lot, width" means the average horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. “Low Barrier Navigation Center” means a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. 353
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“Manufactured Home” means a factory-built structure that is manufactured or constructed under authority of 42 U.S.C. Sec. 5403, National Manufactured Housing Construction and Safety Standards Act of 1974, and/or California law and is to be used as a place for human habitation. The structure is manufactured either in whole or in substantial part at an off-site location, transported to the site, assembled on-site, and placed on a permanent foundation. For the purpose of this Development Code, a manufactured home shall be considered the same as any site-built, single-family detached dwelling. Manufactured home is not inclusive of a mobile home unless the mobile home has been converted to real property and is taxed as a site-built dwelling. "Medical building" means clinics or offices for doctors, dentists, oculists, chiropractors, osteopaths, chiropodists or similar practitioners of the healing arts; including accessory laboratories and a prescription pharmacy, but not including offices for veterinarians. "Mobilehome" means a structure or a structure having multiple sections equaling or exceeding exterior dimensions of eight feet in width and forty (40) feet in length, having a chassis and designed to be movable, with kitchen, bathroom and living facilities, designed for use as a single-family dwelling when connected to appropriate utility lines, with or without a permanent foundation.
"Mobilehome parks" means any parcel or contiguous parcels of land under single ownership, designed or intended to be used to accommodate mobile homes on a permanent or semi-permanent basis, in accordance with the provisions of Chapter 17.56. "Motel" means a building or group of buildings containing individual sleeping or living units, designed primarily for use by automobile tourists or transients, where a majority of such units open individually and directly to the outside. An establishment shall be considered a motel, in any case, when required by the Health and Safety Code of the State of California, to obtain the name and address of the guests and a description of their vehicle and its license. The term "motel" shall include tourist court, auto court and motor lodge.
Motor vehicle wrecking yard. See "automobile wrecking yard." "Non-conforming building" means a building or portion thereof lawfully existing at the time of the adoption of this ordinance, or amendments thereto, and which does not conform to the applicable regulations of such amendments or a subsequent amendment. 354
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"Nursery school" means a school or the use of a site or a portion of a site for an organized program devoted to the education or day care of five or more pre-elementary school age children, including those residents on the site. "Nursing home" means a structure operated as a lodging house in which nursing, dietary and other personal services are rendered to convalescents, not including persons suffering from contagious diseases, and in which surgery is not performed and primary treatment, such as customarily is given in hospitals and sanitariums, is not provided. A convalescent home shall be deemed a nursing home.
"Off-street loading facilities" means a site or a portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives and landscaped areas.
"Off-street parking facilities" means a site or a portion of a site devoted to the off-street parking of motor vehicles including parking spaces, aisles, access drives and landscaped areas.
"Outdoor advertising structure" means any structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising sign may be placed, located on a site other than the site on which the advertised use is located or on which the advertised product is produced.
"Parking district" means a government parking district maintained by the federal, state, county or city government, or special district.
"Public utility service yard" means a site or portion of a site on which a public utility company may store, house and/or service equipment such as service trucks and other trucks and trailers, pumps, spools of wire, pipe, conduit, transformers, cross-arms, utility poles, or any other material, tool or supply necessary for the normal maintenance of the utility facilities.
"Railroad right-of-way" means a strip of land of a maximum width of one hundred (100) feet only for the accommodation of main lines or branch line railroad tracks, switching equipment and signals, but not including lands on which stations, offices, storage buildings, spur tracks, sidings, section gang and other employee housing, yards or other uses are located.
"Recreation vehicle" means a motor home, travel trailer, truck camper or camping trailer, with or without motive power, designed for recreational human habitation. 355
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"Residence" means a structure containing a dwelling unit designed for occupancy or occupied by one family or more.
“Residential Care Facility”means housing shared by unrelated persons that provides 24- hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.
Such facilities typically include shared cooking, dining, and living areas. Residential care facilities may or may not be licensed, depending on the services provided. Residential care facilities include licensed family care homes and foster homes, but do not include boarding houses.
A facility that houses six or fewer persons.
A facility that houses seven or more persons.
"Restaurant" means an establishment which serves food or beverages primarily to persons seated within the building. This includes cafes and tea rooms, and outdoor cafes. "Rest homes or homes for the aged" means an establishment or home intended primarily for the care and nursing of invalids and aged persons; excluding cases of communicable diseases and surgical or obstetrical operations. The term shall not include nursing home. "School, elementary, junior high or high" means public and other non-profit institutions conducting regular academic instruction at kindergarten, elementary and secondary levels. Such institutions shall offer general academic instructions equivalent to the standards prescribed by the State Board of Education.
"School, private or parochial" means an institution conducting regular academic instruction at kindergarten, elementary or secondary levels, operated by a nongovernmental organization. "School, trade" means schools offering preponderant instruction in the technical, commercial or trade skills, such as real estate schools, business colleges, electronics schools, automotive and aircraft technicians schools and similar commercial establishments operated by a non-governmental organization. "Service station" means an occupancy engaged in the retail sales of gasoline, diesel, liquified petroleum gas or other passenger vehicle fuels, which may also provide related oil, tires, batteries, accessories and servicing of such vehicles and operations, incidental thereto, including: occasional individual hand automobile washing, with or without incidental hand waxing and polishing; tire changing and repairing (but not including 356
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recapping); battery service, charging and replacement (but not including repair or rebuilding); radiator cleaning, flushing and repair; installation of minor accessories; lubrication of such vehicles; and testing, adjustment and replacement of minor or accessory motor parts and accessories.
"Sign" means any letter or symbol made of cloth, metal, paint, paper, wood or other material of any kind whatsoever, placed for advertising, identification or other similar purposes, on the ground or on any wall, post, fence, building, structure, vehicle or on any place whatsoever. The term "placed" shall include constructing, erecting, posting, painting, printing, tacking, nailing, gluing, sticking, carving or otherwise fastening, affixing or making visible in any manner whatsoever.
“Single Room Occupancy (SRO)” means a residential facility containing housing units that may have individual or shared kitchen and/or bathroom facilities and are guest rooms or efficiency units as defined by the California Health and Safety Code. Each housing unit is offered on a monthly rental basis or longer. "Site: means a parcel of and, subdivided or unsubdivided, occupied or to be occupied by a use or structure.
"Site area" means the total horizontal area included within the property lines of a site. "Site depth" means the average horizontal distance between the front and rear property lines of a site measured along a line midway between side property lines. "Site width" means the average horizontal distance between the side property lines of a site measured at right angles to the depth at a point midway between the front and rear property lines.
"Stable" means a detached accessory structure including, but not limited to, a corral or paddock for the keeping of one or more horses owned by the occupants of the premises and which are not kept for remuneration, hire or sale.
"Stable, commercial" means a structure including, but not limited to, a corral or paddock for the keeping of horses for remuneration, hire or sale. "Street" means a public or private way permanently dedicated or reserved as a primary means of access to abutting property.
"Street line" means the boundary line between street rights-of-way and abutting property.
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"Structure" means anything constructed or erected which requires a fixed location on the ground, including a building or sign pole or standard, but not including a fence or wall used as a fence, a patio, walk, driveway or raised planting bed. "Structure, main" means a structure housing the principle use of a site or functioning as the principle use.
"Structural alteration" means any change in the supporting members of a building, such as foundations, bearing walls, columns, beams, floor or roof joists, girders or rafters, or any change in the exterior dimensions of a building, excepting those changes which may result from providing minor repairs and building maintenance. "Supportive housing" means housing with no limit on length of stay, that is occupied by the target population and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.
Supportive housing units are residential uses allowed in all zone districts that allow residential uses, subject only to those requirements, standards and restrictions that apply to other residential uses of the same type in the same zone district. "Target population" means persons with low incomes who have one (1) or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the California Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
"Trailer sales lot" means an open area where trailers are sold, leased or rented and where no repairs, repainting or remodeling are done.
"Trailer, utility" means a vehicle without motive power, designed and constructed to travel on the public thoroughfares in accordance with the provisions of the State Vehicle Code, and to be used only for carrying property.
"Transitional housing" means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined 358
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future point in time that shall be no less than six (6) months from the beginning of the assistance. Transitional housing units are residential uses allowed in all zones districts that allow residential uses, subject only to those requirements, standards and restrictions that apply to other residential uses of the same type in the same zone district. "Travel trailer" means a vehicle with or without motive power, designed and constructed to travel on the public thoroughfares in accordance with provisions of the State Vehicle Code, designed for human habitation, with no footing or foundation other than wheels and temporary stabilizing units, with exterior dimensions less than eight feet in width and less than forty (40) feet in length. The terms "camper" and "motor home" are included within the meaning of the term "travel trailer". "Travel trailer parks" means a parcel, or contiguous parcels of land under single ownership, designed or intended to be used to accommodate travel trailers on a transient basis (one month continuous occupancy or less).
"Use" means the purpose for which a site or structure is arranged, designed, intended, constructed, moved, erected, altered or enlarged or for which either a site or structure is or may be occupied or maintained.
"Use, permitted" means a use which is listed as a permitted use in any given district in this title. Permitted uses need not meet special requirements as a condition precedent to be allowed to establish in a given district, except as required by the provisions of Chapters 17.56 and 16.64.
"Use, conditional" means a use which is listed as a conditional use in any given district in this title. Conditional uses may be required to meet certain requirements as a condition precedent to the granting of a use permit which will allow the establishing of a conditional use in any given district.
"Wetland" means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. "Yard" means open and unoccupied space on a lot.
"Yard, front" means a yard, the depth of which is the minimum required horizontal distance between the front lot line and the line parallel thereto on the lot, which yard extends across the full width of the lot.
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"Yard, rear" means a yard, the depth of which is the minimum required horizontal distance between the rear lot line and a line parallel thereto on the lot, which yard extends across the full width of the lot.
"Yard, side" means a yard, the width of which is the minimum required horizontal distance between the side lot line and a line parallel thereto on the lot, not including any portion of a required front yard or required rear yard. (Ord. 2000-07 § 2, 2000; Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982) (Ord. No. 2015-05, § 5, 6-3-2015)
Chapter 17.97 MEDICAL AND RECREATIONAL MARIJUANA REGULATION
17.97.010 Purpose and intent.
Acknowledging cannabis/marijuana continues to be recognized by the United States government as a Schedule 1 controlled substance the possession of which is a violation of United States Code Title 21, Chapter 13, Section 801 et seq., it is the purpose and intent of this chapter to promote the health, safety, morals, and general welfare of the residents and businesses within the city by regulating the cultivation, processing, extraction, manufacturing, testing, distribution, transportation, sale, and consumption of marijuana, whether for medical purposes as currently allowed under California law or for recreational use should recreational use become lawful under California law. (Ord. No. 2016-006, § 1, 11-2-2016)
17.97.020 Definitions.
For purposes of this chapter, the following definitions shall apply:
"Act" means the Medical Marijuana Regulation and Safety Act, now called the Medical Cannabis Regulation and Safety Act, including implementing regulations, as the Act and implementing regulations may be amended from time to time. The terms Act, Medical Marijuana Regulation and Safety Act, Medical Cannabis Regulation and Safety Act, may be used interchangeably, but shall have the same meaning. "Cannabis" or "marijuana" shall have the meaning set forth in California Business and Professions Code Section 19300.5(f). Cannabis and marijuana may be used interchangeably, but shall have the same meaning.
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"Collective" or "cooperative cultivation" means the association of two (2) or more persons, including, without limitation, qualified patients, persons with valid identification cards, and designated primary care givers to cultivate marijuana for medical or other purposes.
"Commercial marijuana operation" means any commercial cannabis activity as set forth in California Business and Professions Code Section 19300.5(k) and allowed under the Act, and all uses permitted under any subsequently enacted California law pertaining to the same or similar uses for recreational cannabis.
"Delivery" means the commercial transfer of medical or recreational use marijuana and marijuana products from any source as well as the use of any technology platform that enables persons, whether qualified patients, caregivers, or recreational users, to arrange for or facilitate the transfer and delivery of marijuana. "Marijuana collective" or "cooperative" means the association of two (2) or more persons including, without limitation, qualified patients, persons with valid identification cards, and designated primary caregivers, who collectively or cooperatively cultivate, use, sell, transport, process, administer, deliver, dispense, or give away marijuana for medical or other purposes.
"Marijuana dispensary" or "dispensary" means any facility or location, whether fixed or mobile, and any building or structure, where cannabis is made available to, distributed by, or distributed to persons or entities.
"Marijuana products" means cannabis that has undergone a process whereby the plant material has been transformed into any form including, without limitation, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
"Medical marijuana" or "medical marijuana use" means the use of cannabis for the purposes set forth in the Compassionate Use Act and the Medical Marijuana Program Act, California Health and Safety Code Sections 11362.5 and 11362.7 et seq. "Person" means any individual, partnership, limited liability company, corporation, association, trust, joint venture, society, club or other organization or group of persons. "Recreational marijuana" or "recreational marijuana use" means all uses of cannabis not included within the definition of medical marijuana use. (Ord. No. 2016-006, § 1, 11-2-2016)
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17.97.030 Regulations applicable to the cultivation of medical marijuana.
To the extent the city is required to allow the cultivation of medical marijuana under California law, the requirements set forth in this Section 17.97.030 shall apply. Nothing in this section shall be interpreted to permit medical or commercial marijuana operations, collective or cooperative cultivation of marijuana, marijuana collectives or cooperatives or marijuana dispensaries otherwise prohibited by this chapter.
A. Personal Use Cultivation. Only an individual qualified patient or person with a medical marijuana identification card may cultivate medical marijuana in his/her private residence. Cultivation shall be limited to a maximum of six (6) marijuana plants. A primary caregiver shall only cultivate medical marijuana in the residence of a qualified patient or person with a medical marijuana identification card for whom he/she is the primary caregiver. Medical marijuana cultivation for personal use shall be subject to the following requirements:
1. Area. The medical marijuana cultivation area in the residence shall not exceed thirty-two (32) square feet measured by the canopy of the marijuana plants and not exceed ten (10) feet in height in the residence. This limit applies regardless of the number of qualified patients or persons with an identification card residing in the residence. The cultivation area shall be a single designated area in the residence.
2. Lighting. Medical marijuana cultivation lighting in the residence shall not exceed a total of twelve hundred (1,200) watts.
3. Building Code Requirements. Any alterations or additions to the residence shall be subject to applicable building and fire codes, including, without limitation, plumbing and electrical, and all applicable municipal code requirements, including, without limitation, lot coverage, setback and height requirements.
4. Gas Products. The use of gas products (CO 2 , butane, etc.) for medical marijuana cultivation or processing is prohibited.
5. Evidence of Cultivation. There shall be no exterior evidence of medical marijuana cultivation occurring on the site of the residence that can be seen from neighboring properties, public rights-of-way or other public spaces.
6. Residence. The qualified patient or person with an identification card shall reside in the residence where the medical marijuana cultivation occurs. 362
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7. Cultivation Elsewhere in City. The qualified patient or person with an identification card shall not participate in medical marijuana cultivation in any other location within the city.
8. Incidental Use. The residence shall maintain kitchen, bathrooms, and primary bedrooms for their intended use and not be used primarily for medical marijuana cultivation.
9. Ventilation. The medical marijuana cultivation area shall include a ventilation and filtration system designed to ensure that odors from the cultivation and use of marijuana are not detectable beyond the inside walls of the residence and designed to prevent mold and moisture and otherwise protect the health and safety of persons residing in the residence. The ventilation system shall include at a minimum, a system meeting the requirements of the current, adopted edition of the California Building Code Section 1203.4 Natural Ventilation, or Section 402.3 Mechanical Ventilation (or its equivalent(s)).
10. Storage of Chemicals. Any chemicals used for medical marijuana cultivation shall be stored outside of the habitable areas of the residence and outside of public view from neighboring properties and public rights-of-way. Any and all chemicals must be used, stored and disposed of in compliance with all limitations, restrictions, conditions, standards, prohibitions, requirements, obligations, schedules and timetables contained in all environmental laws. As used in this chapter, the term "environmental laws" means any past, present or future federal, state or local statutory or common law, or any regulation, ordinance, code, plan, order, permit, grant, franchise, concession, restriction or agreement issued, entered, promulgated or approved thereunder, relating to: (i) the environment, human health or safety, including, without limitation, emissions, discharges, releases or threatened releases of hazardous materials (as defined below) into the environment (including, without limitation, air, surface water, groundwater or land); or (ii) the use, treatment, receipt, storage, disposal, transport, arranging for transport, or handling of hazardous materials. As used in this chapter, the term "hazardous materials" shall mean and include any and all hazardous or toxic materials, substances, chemicals or wastes as now or hereafter designated or regulated under any law, statute, ordinance, rule, regulation, order or ruling of any agency of the State of California, the United States Government or any local governmental authority. 363
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11. Nuisance. The medical marijuana cultivation area shall not adversely affect the health or safety of the residents of the city by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts; and not be hazardous due to the use or storage of materials, chemicals, processes, products or wastes, or from other actions related to the cultivation.
12. Property Owner Authorization. For rental property, the tenant/lessee shall obtain written authorization and consent from the landlord/lessor prior to commencing cultivating medical marijuana at the residence. The landlord/lessor shall have the right to revoke such authorization and consent at any time. Upon the revocation of such authorization and consent, the cultivation of medical marijuana shall immediately terminate and all marijuana plants shall be immediately removed from the residence.
13. Notification. Prior to commencement of cultivation of medical marijuana within any residence the owner or landlord/lessor and tenant/lessee of the residence within which cultivation of medical marijuana will occur shall provide the Kingsburg Police Department with written notification ("notification"), using the notification form provided by the Kingsburg Police Department, of the intent to cultivate medical marijuana within the residence. Any person cultivating marijuana in their residence prior to the effective date of this chapter shall provide the notification required by this section to the Kingsburg Police Department within ten (10) days after the effective date of this chapter. Upon receipt of a notification, the Kingsburg Police Department shall direct the owner or landlord/lessee and tenant/lessee to the Kingsburg Planning Development to obtain a copy of this chapter and information regarding building code and permit requirements that may be applicable to the residence if alterations or additions to the residence are needed in order to comply with the provisions of this chapter. The Kingsburg Police Department and Planning Development shall keep patient information confidential to the extent required by law.
14. Posting of Physician Recommendation or Identification Card; Posting of Owner Authorization and Consent. A copy of a qualified patient physician recommendation or identification card shall be posted in a conspicuous place in the cultivation area for each patient residing in the residence that is cultivating medical marijuana. For rental properties, a copy of the owner's written authorization to cultivate marijuana within the residence shall also be posted in the same manner.
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B. Collective or Cooperative Cultivation. The collective or cooperative cultivation of medical marijuana or the operation of a medical marijuana dispensary is prohibited in the city.
(Ord. No. 2016-006, § 1, 11-2-2016)
17.97.040 Regulations applicable to the cultivation of recreational marijuana.
To the extent recreational marijuana use becomes legal under California law and the city is required to allow the cultivation of recreational marijuana under California law, the requirements set forth in Section 17.97.030 shall apply to the cultivation of recreational marijuana within a residence and upon the property where the residence is located.
A. California Law Requirements. In addition to the provisions of this chapter the cultivation of recreational marijuana shall be subject to all of the requirements set forth in California law.
B. Compliance with Medical Marijuana Personal Use Cultivation Requirements. All persons allowed under California law to cultivate recreational use marijuana shall be subject to and shall comply with the same rules, requirements, and limitations applicable to the personal use cultivation of medical marijuana set forth in this chapter. (Ord. No. 2016-006, § 1, 11-2-2016)
17.97.050 Regulations applicable to marijuana operations, cooperatives, dispensaries and deliveries.
A. Commercial Marijuana Operations. Commercial marijuana operations as defined in Section 17.97.020 are prohibited within the city.
B. Collective or Cooperative Cultivation and Marijuana Collective or Cooperative.
Collective or cooperative cultivation of marijuana as defined in Section 17.97.020 and marijuana collectives or cooperatives as defined in Section 17.97.020 are prohibited within the city.
C. Dispensaries. Marijuana dispensaries as defined in Section 17.97.020 are prohibited within the city.
D. Deliveries. The delivery of marijuana as defined in Section 17.97.020 is prohibited in the city regardless of whether the delivery is initiated within or outside of the city, and 365
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regardless of whether a technology platform is used for the ordering or delivery by the dispensary.
E. Exceptions. The following facilities providing medical marijuana to patients are not subject to the provisions of Section 17.97.050 B. provided the facilities operate in strict compliance with Health and Safety Code Sections 11362.5 and 11362.7 et seq., and all other California and local laws, including, without limitation, zoning, permitting, and licensing requirements:
1. A clinic licensed pursuant to Chapter 1 (commencing with Section 1200) of Division 2 of the Health and Safety Code.
2. A health care facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code.
3. A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 (commencing with Section 1568.01) of Division 2 of the Health and Safety Code.
4. A residential care facility for the elderly licensed pursuant to Chapter 3.2 (commencing with Section 1569) of Division 2 of the Health and Safety Code.
5. A residential hospice, or a home health agency licensed pursuant to Chapter 8 (commencing with Section 1725) of Division 2 of the Health and Safety Code. (Ord. No. 2016-006, § 1, 11-2-2016)
17.97.060 Regulations applicable to the consumption of marijuana.
No person shall smoke, ingest, or otherwise consume marijuana or marijuana products, whether recreational or medical, in the city unless such smoking, ingesting or consumption is allowed by California law and occurs entirely within a private residence. "Within a private residence" shall mean inside habitable areas and shall not include garages, whether attached or detached, and other accessory buildings. Except that, medical marijuana may be consumed within the facilities identified in Section 17.97.050 E. of this chapter.
All consumption of marijuana or marijuana products permitted by this chapter shall be done in a manner that does not constitute a nuisance or that is adverse to the health and safety of the public.
(Ord. No. 2016-006, § 1, 11-2-2016)
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17.97.070 Penalties and enforcement.
Violations of this chapter for conduct that is not otherwise considered lawful under California law shall be considered misdemeanors and punishable in accordance with Chapter 1.16 of the municipal code. Each and every day, or portion thereof, a violation exists shall be a separate offense. The city may also pursue any and all applicable civil and administrative remedies, including but not limited to injunctive relief and administrative citations to terminate such conduct.
(Ord. No. 2016-006, § 1, 11-2-2016)
17.97.080 Judicial review.
Judicial review of a decision made under this chapter may be had by filing a petition for a writ of mandate with the superior court in accordance with the provisions of the California Code of Civil Procedure Section 1094.5. Any such petition shall be filed within ninety (90) days after the day the decision becomes final as provided in California Code of Civil Procedure Section 1994.6, which shall be applicable for such actions. (Ord. No. 2016-006, § 1, 11-2-2016)
17.97.090 Severability.
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this chapter or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this chapter. The city council hereby declares that it would have adopted this chapter, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
(Ord. No. 2016-006, § 1, 11-2-2016)
Chapter 17.100 REPEALS AND CONSTITUTIONALITY
17.100.010 Inconsistent ordinances repealed.
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All ordinances and parts of ordinances inconsistent with the provisions of this title are hereby repealed insofar as they are inconsistent with the provisions hereof. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.100.020 Constitutionality.
If any chapter, section, subsection, paragraph, clause or phrase of this chapter for any reason shall be held to be invalid or unconstitutional, the decision shall not effect the remaining portions of this title.
The city council of the city of Kingsburg hereby declares that it would have enacted this title and each chapter, section, subsection, paragraph, sentence, clause and phrase hereof, irrespective of the fact that any one or more chapters, sections, subsections, paragraphs, sentences, clauses or phrases are declared to be invalid or unconstitutional. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Kingsburg duly called and held on the of ______, 2024, by the following vote:
AYES: Council Member
NOES: Council Member
ABSTAIN: Council Member
ABSENT: Council Member
APPROVED ___________________________
Mayor Brandon Pursell, Jr.
ATTEST: _________________________
City Clerk
STATE OF CALIFORNIA )
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COUNTY OF FRESNO )ss
CITY OF KINGSBURG )
I, ABIGAIL PALSGAARD, City Clerk of the City of Kingsburg, do hereby certify the foregoing ordinance was duly introduced at a regular meeting of the City Council of the City of Kingsburg on the ___ day of ____, 2024, and it was duly passed and adopted at a regular meeting of said City Council held on the ___ day of ______, 2024.
Dated: __________ _________________________________
Abigail Palsgaard, City Clerk
Kingsburg, California, Code of Ordinances
Title 17 ZONING
Kingsburg, California, Code of Ordinances Created: 2023-09-15 10:10:44 [EST] (Supp. No. 20, 9-23)