Kingsburg City Council
December 4, 2024

4. Other uses which are added to this list according to the procedure in Chapter 17.60.

C. IH—Permitted Uses—Administrative Approval.

1. Gas and electric transmission lines.

2. Mobile and modular offices.

3. Incidental and accessory structures and uses located on the same site as a use permitted by administrative approval, or conditional use.

4. Other uses which are added to this list according to the procedure in Chapter 17.60.

D. IH—Conditional Uses—Commission Approval.

1. The following uses and other uses may be approved according to the procedures in Chapter 17.68; provided, however, that for uses which involve nuisances, danger of fire or explosion or other hazards to health and safety, the planning commission shall make a specific finding that the use can be expected to conform with each of the required conditions prescribed for an IH district in Section

17.44.010. The commission may require submission of reports by technical consultants or other evidence in addition to the data prescribed in Chapter 17.68:

Asphalt and asphalt products manufacture;
Cement, lime, gypsum and plaster of paris manufacture;
Charcoal, lampblack and fuel briquettes manufacture;
Chemical products manufacture including acetylene, aniline dyes, ammonia, carbide, caustic soda, cellulose, chlorine, cleaning and polishing preparations, creosote, exterminating agents, hydrogen and oxygen, industrial alcohol, nitrating of cotton or other materials, nitrates of an explosive nature, potash, pyroxlin, rayon yarn, and carbolic, hydrochloric, picric and sulphuric acids; Coal, coke and tar products manufacture;
Drop forges;
Dumps and slag piles;
Electroplating shops;
Explosives manufacture and storage;
Fertilizer manufacture;
Film manufacture;
Fireworks manufacture and storage;
Fish products processing and packaging;
Garbage and refuse dumps;
Gas and oil wells;
Gas manufacture or storage;
Gelatin, glue and size manufacture from animal or fish refuse; Grain rolling and storage;
Incineration or reduction of garbage, offal and dead animals; Junk yards;
Created: 2023-09-15 10:10:40 [EST]
(Supp. No. 20, 9-23)

Lard manufacture;
Linoleum and oil cloth manufacture;
Liquified petroleum gas bulk storage and delivery;
Magnesium foundries;
Manure, peat and topsoil processing and storage;
Metal and metal ores reduction, refining, smelting and alloying; Motor vehicles wrecking yards;
Paint manufacture including enamel, lacquer, shellac, turpentine and varnish; Paper mills;
Petroleum and petroleum products refining and storage;
Rifle and pistol ranges;
Rubber manufacture or processing including natural or synthetic rubber and gutta-percha; Soap manufacture including fat rendering;
Steam plants;
Stock yards, stock feeding yards and slaughter houses;
Stone quarries, gravel pits, mines and stone mills;
Storage of inflammable liquids;
Storage of used building materials;
Tallow manufacture;
Tanneries and curing and storage of rawhides;
Wood and bones distillation;
Wood pulp and fiber reduction and processing.

2. Public buildings and grounds.

3. Expansion or remodeling of an existing non-conforming use of a structure or land, up to fifty (50) percent or less of the value of the structure, or reestablishment of a non-conforming use which has been damaged, except non-conforming signs and outdoor advertising structures, non-conforming uses occupying a structure with an assessed valuation of less than two hundred (200) dollars, and nonconforming fences, walls and hedges.

4. Expansion, remodeling, or additions to a conditional use that are not considered an incidental or accessory use as defined in Chapter 17.96.

5. Other uses which are added to this list according to the procedure in Chapter 17.60. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
(Ord. No. 2015-05, § 4, 6-3-2015)
Created: 2023-09-15 10:10:40 [EST]
(Supp. No. 20, 9-23)

17.44.040 I—Required conditions.

A. In the IL and IH districts, all open and unlandscaped portions of any lot shall be maintained in good condition free from weeds, dust, trash and debris.

B. No use shall be permitted and no process, equipment or materials shall be employed which is found by the commission to be injurious to persons residing or working in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt refuse, noise, vibrations, illumination, glare or heavy truck traffic or to involve any hazard of fire, explosion or radio activity or to emit electrical disturbances which adversely affect commercial or electronic equipment outside the boundaries of the site.

C. No solid or liquid wastes shall be discharged into a natural watercourse, nor into a public or private sewage disposal system except in compliance with applicable regulations of the Central Valley Regional Water Quality Control Board.

D. In an IL or IH district, no use shall emit particulate matter or other air pollutants in excess of the applicable air pollution emission standards of the Fresno County Air Pollution Control District, the State of California or of the federal government.

E. Notwithstanding the provisions of subsection D. of this section, no industrial use shall be permitted to utilize coal in any form as a source of fuel for the conduct of any industrial operations within the city. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.44.050 I—Property development standards.

A. Screening and Landscaping; Fences, Walls and Hedges.

1. Where a site adjoins a UR, RCO, RA, R, RM, PO, or CC district, a solid wall or screen fence seven feet in height or such other height or type of screening device as may be required by the planning commission, shall be located on the property line common to such districts, except in a required front yard.

2. A use not conducted entirely within a completely enclosed structure, on site across a street or an alley from a UR, RA, R, RM, or CC district, shall be screened by an ornamental solid wall or screen fence, not less than seven feet in height, if found by the planning commission to be unsightly. All materials to be screened shall not be stored above the height of the wall or screen fence.

3. In an IL district, open storage of materials and equipment shall be permitted only within an area surrounded and screened by an ornamental solid wall or fence or compact evergreen hedge (with solid gates where necessary), not less than seven feet in height.

4. No fence, wall or hedge exceeding four feet in height, with the top one foot being fifty percent (50%) or more open, shall be located or maintained within the area of a corner lot on the street side of a diagonal line connecting points located thirty (30) feet along the property lines as measured from the intersection of the property lines at the street corner.

5. No fence or wall shall exceed seven feet in height if located in a required side or rear yard or three feet in height if located in a required front yard, except that a chainlink fence greater than three feet in height may be located in any portion of a required front yard.

6. Street trees, frontage landscaping and off-street parking area landscaping, with automatic irrigation, shall be provided for all industrial sites.

Created: 2023-09-15 10:10:40 [EST]
(Supp. No. 20, 9-23)

B. Site Area: The minimum site area shall be one-half acre in the IH district. No minimum site area shall be required in the IL district.

C. Frontage, Width and Depth of Site: No limitations.

D. Coverage: No limitations.

E. Yard Requirements:

1. Front Yard: The minimum front yard for both the IL and IH districts shall be ten (10) feet.

2. Rear and Side Yards: Except as provided below, no rear or side yards shall be required:
a. The minimum rear yard abutting a UR, RCO, RA, R, RM, PO, or C district shall be fifteen (15) feet. b. On a reversed corner lot adjoining a key lot in a UR, RCO, RA, R, RM, PO or C district, the minimum side yard adjoining the street shall not be less than one-half the required front yard on the key lot.
c. The minimum side yard abutting a UR, RCO, RA, R, RM, PO or C district shall be fifteen (15) feet.

F. Distances between Structures: No limitations.

G. Building Height: No greater than seventy-five (75) feet, except that a greater height may be approved for tanks, towers, silos and similar facilities under the provisions of Chapter 17.68; and except that a height of no greater than two hundred (200) feet shall be permitted for a site in the IH (Heavy Industrial) zone district at least one mile away from the central business district.

H. Off-Street Parking and Off-Street Loading: Off-street parking and off-street loading facilities shall be provided as prescribed in Chapter 17.52.

I. Signs and Outdoor Advertising Structures: No signs or outdoor advertising structure of any character shall be permitted except as provided in Chapter 17.56.
(Ord. 2007-04 § 1, 2007; Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.44.060 I—Site plan and architectural design review.

No use shall be erected on any lot or site in an I district until the site plan and architectural plans shall have been approved in accordance with the provisions of Chapters 17.72 and 17.80. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.44.070 I—General provisions and exceptions.

All uses shall be subject to the general provisions and exceptions in Chapter 17.60. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.44.080 IP—Planned industrial districts.

A. IP—Purposes and Application. The IP planned industrial district is intended for application to those industrial areas which are planned for development for the mutual protection of a community of industries in accordance with a development program approved by the city. Such a program involves the combining of certain uses and a set of development regulations which are more restrictive than those otherwise provided in the IL and IH districts.

Created: 2023-09-15 10:10:40 [EST]
(Supp. No. 20, 9-23)

B. IP—Regulations. In order to assure the mutual protection and compatibility of uses to be located, within a IP district, the owners of all the land within the area proposed to be classified IP shall submit the following to the city:

1. A more restrictive list of those uses set forth in Sections 17.44.020 B and C., and Sections 17.44.030 B and C of this chapter which uses are desired by the owners to be listed as permitted uses under this section; a statement of more restrictive regulations relating to each of the subjects of Sections

17.44.050 and 17.44.070, and Sections 17.44.040 and 17.44.050 of this chapter than are now provided by these sections and which are desired by the owners to become additional regulations under this section.

Upon written approval of the planning commission, the list of permitted uses and statements of more restrictive regulations requested for a particular parcel of land shall become the regulations of this section with respect to such parcel of land by reference with the same force and effect as if the regulations were specifically set out and described under this section; provided, however, such statements of more restrictive regulations shall apply in addition to those prescribed within Section 17.44.050 of this chapter.

2. All uses listed as requiring conditional use permits in the IL or IH districts shall be considered as conditional uses under this section.

3. The minimum acreage required for the application of the IP district shall be five acres.

C. IP—Required Conditions. Before the city council may give written approval pursuant to this section and classify property as being within the IP district, the owners shall record, in the office of the Fresno County Recorder, deed restrictions running with the land affected corresponding to the list of permitted uses and statements of more restrictive regulations approved pursuant to the provisions of subsection B. of this section.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
Chapter 17.48 COMBINING AND OVERLAY DISTRICTS*

17.48.010 PUD—Planned unit development combining district.

A. PUD—Purposes and Application. The PUD—planned unit development combining district is intended for application to those residential, professional office, commercial and industrial base zoning districts which are designated by the general plan and/or city council as areas to assure that property will be developed in a manner superior to that which otherwise would be achieved through regulations of the base zoning district involved. The PUD combining district is also intended as an optional approach to achieving the purposes of Chapter 17.76, at the discretion of the city rather than the landowner.

B. PUD—Applicable Regulations and Procedures. The development of property within a PUD combining district shall be subject to all of the regulations and procedures of Chapter 17.76. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.48.020 MXU—Mixed use combining district.

A. Purposes and Application. The MXU—Mixed use combining district is intended for application to two types of property:

1. Within commercial base zoning districts, on any site of such a size and configuration that a mixture of businesses is determined to appropriate, such as a commercial subdivision or business park.

Created: 2023-09-15 10:10:40 [EST]
(Supp. No. 20, 9-23)

2. Those residential, commercial and industrial base zoning districts which lay within the boundaries of the city's redevelopment project area(s), and which are designated as areas characterized by a mixture of uses, blighted structures and sites, and/or inadequate street and alley improvements. The MXU combining district is to be applied to those redevelopment project areas selected by the city council as meeting the purposes of this section.

Use arrangements within the areas designated MXU are to be made physically, functionally and aesthetically compatible through site plan review, architectural design review, PUD (planned unit development) procedures, or a combination thereof, as determined by the city council.

B. Applicable Regulations and Procedures. The MXU combining district provides the flexibility needed to achieve the following goals:

1. To facilitate full development of large pieces of commercial property, different portions of which may have varying degrees of suitability and desirability for development for particular types of businesses.

2. To improve land use conditions within redevelopment project areas under conditions of uncertainty as to the types of uses that may be proposed or that may be economically feasible for specific properties over time.

Under mixed use, all categories of land use shown on the general plan diagram are eligible for consideration. Because the best potential use for some properties may be more clear-cut than for others, the base land use designations of the general plan provide guidance for the selection of those base zoning districts to be applied. However, such guidance does not abrogate the potential and flexibility offered for mixed use.

An application for a building permit, site plan review or PUD will initiate the process for determining an appropriate development proposal under mixed use regulations. The planning commission shall make a determination as to which procedures shall be followed under the provisions of Chapters 17.68, 17.72 and 17.76 of this title.

C. Low barrier navigation centers allowed. The MXU combining district shall allow low barrier navigation centers as a permitted use.

D. Supportive housing allowed. The MXU combining district shall allow supportive housing as a permitted use.

E. Transitional housing allowed. The MXU combining district shall allow transitional housing as a permitted use. (Ord. 2005-04 § 1, 2005: Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.48.030 PF—Public facilities combining district.

A. PF—Purposes and Application. The PF—public facilities combining zoning district is intended for application to all base zoning districts which are designated by the general plan for the accommodation of public facilities. For purposes of this section, public facilities shall include, but not be limited to, the following:

1. Elementary, junior high and high schools.

2. Corporation yard.

3. City Hall.

4. Fire station.

5. Police station.

6. Justice court.

Created: 2023-09-15 10:10:40 [EST]
(Supp. No. 20, 9-23)

7. Library.

8. Senior center.

9. Youth center.

10. Off-street parking areas.

11. Neighborhood parks.

12. Community parks.

13. Open space corridors.

14. Drainage basins.

The PF—public facilities combining district is intended to preserve the opportunity for the acquisition of lands that eventually will be needed for public purposes at locations where they will be needed.

B. Applicable Regulations and Procedures. No site or parcel of land designated for future public use by the general plan, or designated by the zone plan as a PF combining district, shall be developed for any other use until the public agency having jurisdiction has the opportunity to purchase or otherwise acquire the land for the intended public use.

In order to assure reasonable use of lands until needed for public purposes, interim private use is allowed.

Interim use may include any existing use of the property, or the remodeling or conversion of an existing use in such manner that it does not preclude the ability to physically remove and relocate existing structures to other sites.

Uses to be remodeled or converted in use shall be subject to the provisions of Chapter 17.60 of this ordinance requiring administrative approval by the city.

Interim use of vacant parcels of land designated for future public use by the general plan or zone plan shall be permitted an interim use as may be approved by the planning commission or city council under the provisions of Chapter 17.68 of this title. Interim uses proposed shall be compatible with the purposes of the applicable base zoning district, with any structures involved to be capable of physical removal and relocation to another site. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.48.040 HB—Highway beautification overlay district.

A. Statement of Intent. The HB—Highway beautification overlay district is intended to promote attractive development along highways of regional and interregional importance in Kingsburg and Fresno County. In the past, development along important highways, such as State Route 99, has often treated these important transportation routes like back alleys, fronting the highway with unembellished rears of buildings, junk storage, utility equipment, and trash receptacles. This has given the traveling public, particularly out-of-town visitors, a negative image of Kingsburg and Fresno County, and has also damaged Fresno County's image of itself. The regulations of this district are designed to ensure that our important highways present Fresno County's best side, not its worst, to the traveling public. These regulations seek to encourage continued growth in commerce while contributing to the aesthetic enhancement of the district, balancing the economic health of our community with achievements in a visually improved corridor.

B. Area of Applicability. The HB—highway beautification overlay district shall apply to the following areas:

1. Highway 99: All property within one thousand (1,000) feet of the outside boundaries of the state rightof-way.

C. Definitions. For the purposes of the section, the following definitions shall apply. Due to the unique nature of this overlay, the following definitions may be in conflict with other sections of the zoning ordinance and shall only apply to the highway beautification ordinance.

Created: 2023-09-15 10:10:40 [EST]
(Supp. No. 20, 9-23)

"At-Grade" means a section of highway, the grade of which is within five feet of the grade of the adjacent properties.
"Billboard" means a freestanding sign or wall sign advertising off-site services, ideas, and products. "Co-location" means locating more than one antenna on the same antenna mount. "Communication tower" means a structure higher than its diameter used to support antennas for wireless communications.
"Depressed" means a section of highway, the grade of which is more than five feet below of the grade of the adjacent properties.
"Elevated" means a section of highway, the grade of which is more than five feet above the grade of the adjacent properties.
"Freestanding sign" means any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure, or sign taller than eight feet in height with a height limit of thirty-five (35) feet. Includes sign types that are independent of a building. "Gateway sign" means a freestanding sign in which the bottom of the sign is in contact with the ground and marks a perceptual designated entry into city or county borders. "Guyed tower" means a communication tower that is supported, in whole or in part, by guy wires and ground anchors.
"Lattice tower" means a self-supporting communications tower consisting of an open work structure made of crossing bars or rods forming a network used for support. "Marquee sign" means any sign supported by structure or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure, or sign taller than eight feet in height with a height limit of one hundred (100) feet. A marquee sign will advertise multiple destinations within a set location and eliminate visual clutter by combining what would otherwise be multiple freestanding signs. "Monopole" means a self-supporting communication tower consisting of a single pole. "Monument signs" means a freestanding sign in which the entire bottom of the sign is in contact with the ground, and which does not exceed eight feet in height. "Wall sign" means any sign attached parallel to, but within six inches of a wall; painted on the surface of a wall; or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.

D. Uses Permitted. Uses permitted shall be those uses permitted in the underlying zone district.

E. Uses Permitted Subject to Conditional Use Permit. Uses permitted subject to a conditional use permit shall be as follows:

1. Those uses permitted subject to a conditional use permit in the underlying zone;

2. Communications towers, unless expressly prohibited by the underlying district.

F. Uses Expressly Prohibited. Uses prohibited shall be those uses prohibited in the underlying zone district.

G. Property Development Standards. The following additional property development standards shall apply to all land and structures in the HB district.

1. Lot Area. Each lot shall have the minimum area required by the underlying district.

2. Lot Dimensions. Each lot shall have the minimum dimensions required by the underlying district.

3. Population Density. Population shall be as required by the underlying district.

Created: 2023-09-15 10:10:40 [EST]
(Supp. No. 20, 9-23)

4. Building Height. Building heights shall be as required by the underlying district.

5. Yards. Yards shall be provided as follows:
a. General Provisions.
i. All yard requirements shall be for the entire length of the specified lot line. ii. Yard requirements shall apply whether property is directly adjacent to the highway, or is adjacent to a frontage road that runs along the highway. b. For agricultural uses, yards shall be as required by the underlying district. c. For single-family residential uses, yard requirements shall be as follows:
i. Along residential properties adjacent to at-grade highway sections, a landscaped buffer no less than twenty (20) feet deep shall be provided. The setback line shall constitute the lot line of the adjacent subdivision and building setback requirements of the underlying zone district shall apply.
(A) In conventional subdivisions this landscaped buffer shall be deeded to the city and an assessment district created to fund its maintenance. In subdivisions in which there is a homeowners association responsible for the maintenance of common facilities, the landscaped buffer may be owned and maintained by the homeowners association.
(B) The landscaped buffer shall consist of ground cover and shrubs. Trees shall be provided within the landscape buffer at a rate of one per twenty-five (25) feet of highway frontage, and may be spaced evenly or planted in groups or clusters.
(C) No buildings, parking areas, storage areas, trash or recycling areas, utility equipment, freestanding signs, communications towers, or other structures may be established within the landscaped buffer.
(D) All city standards for noise reduction shall apply. ii. Along lot lines that are adjacent to elevated highway sections, trees shall be provided at a rate of one tree per twenty-five (25) feet of highway frontage. The trees may be spaced evenly or planted in groups or clusters, and shall be of a species which will grow tall enough to be visible from the highway. All city standards for noise reduction shall apply. iii. Along lot lines that are adjacent to depressed highway sections trees shall be provided at a rate of one tree per twenty-five (25) feet of highway frontage. The trees may be spaced evenly or planted in groups or clusters and shall be placed close enough to the right-of-way line that they will be visible from the highway. No buildings; parking areas; trash or recycling areas; utility equipment; communications towers; or other structures may be established within twenty (20) feet of the highway right-of-way. All city standards for noise reduction shall apply.
d. Yard requirements shall be as follows for automobile wrecking yards; damaged automobile storage yards; dumps; transit storage facilities; electric distribution substations; electric transmission substations; garbage, offal, dead animal, or refuse incineration, reduction, or dumping; generating plants; junkyards; pallet yards; quarries; recycling plants; refuse dumping; surface mining operations; waste-to-energy plants; or similar uses:

Created: 2023-09-15 10:10:40 [EST]
(Supp. No. 20, 9-23)

i. Along lot lines that are adjacent to at-grade highway sections, or allow visibility into the site from at-grade highway sections, a landscaped buffer no less than twenty (20) feet deep shall be provided.
(A) The landscaped buffer shall contain, as a minimum, a continuous shrub hedge, interplanted twenty (20) feet on center with trees. The plant species used should coordinate with adjacent highway landscaping. Shrub variety used shall be fast growing, and attain an ultimate height of no less than eight feet. Shrubs and trees shall not be pruned as to allow visibility into the site from the highway.
(B) A solid masonry wall shall be located at the rear of the landscaped buffer. The wall shall be not less than six feet in height and shall be located twenty (20) feet from and parallel to the buffered property line or right-of-way line. (C) No buildings, parking areas, trash or recycling areas, utility equipment, freestanding signs, communications towers or other structures may be established within twenty (20) feet of the highway right-of-way, with the exception of one monument sign as set forth in subsection (G)(10).

Figure 1: Required landscaped buffer for wrecking yard next to at-grade highway section. ii. Along lot lines that are adjacent to elevated highway sections, or allow visibility into the site from elevated highway sections, a landscaped buffer of no less than twenty (20) feet deep shall be provided.
(A) The landscaped buffer shall consist of trees spaced at thirty (30) feet on center and staggered or triangularly spaced within the buffer to minimize visibility into the site from the highway. Species used shall be fast-growing, dense, tall evergreen trees.
(B) No buildings, communications towers or other structures may be established within twenty (20) feet of the highway right-of-way, with the exception of one monument sign as set forth in subsection (G)(10).

Created: 2023-09-15 10:10:40 [EST]
(Supp. No. 20, 9-23)

Figure 2: Required landscaped buffer for wrecking yard next to above grade highway section. iii. Along lot lines which are adjacent to depressed highway sections, or allow visibility into the site from depressed highway sections, a landscaped buffer no less than ten (10) feet deep shall be provided.
(A) The landscaped buffer shall contain a continuous shrub hedge adjacent to the right-of-way line, interplanted twenty (20) feet on center with trees. The plant species used should coordinate with adjacent highway landscaping. Shrub variety used shall be fast-growing, and attain an ultimate height of no less than eight feet. Shrubs and trees shall not be pruned as to allow visibility into the site from the highway.
(B) No buildings, parking areas, trash or recycling areas, utility equipment, communications towers or other structures may be established within ten (10) feet of the highway right-of-way, with the exception of one monument sign as set forth in subsection (G)(10).
iv. Along lot lines which are not adjacent to the highway right-of-way and do not allow visibility into the site yards shall be provided as required by the underlying district.

Created: 2023-09-15 10:10:40 [EST]
(Supp. No. 20, 9-23)

Figure 3: Required landscaped buffer for wrecking yard next to below grade highway section. e. For commercial uses, professional office uses, manufacturing uses, multiple-family residential uses, and all other uses not included in subsections (G)(5)(a) through (c) of this section, yard requirements shall be as follows:
i. Along lot lines that are adjacent to at-grade highway sections a landscaped buffer no less than twenty (20) feet deep shall be provided.
(A) The landscaped buffer shall consist of lawn, ground cover, or shrubs. Trees shall be provided within the landscape buffer at a rate of one per twenty-five (25) feet of highway frontage, and may be spaced evenly or planted in groups or clusters.
(B) No buildings, parking areas, storage areas, trash or recycling areas, utility equipment, freestanding signs, communications towers or other structures may be established within the landscaped buffer, with the exception of one monument sign as set forth in subsection (G)(10).

Created: 2023-09-15 10:10:40 [EST]
(Supp. No. 20, 9-23)

Figure 4: Illustration of possible required landscaped buffers for land uses specified in subsection (G)(5)(d) (wrecking yards, etc.). Unlike other land uses, these uses must provide landscaped buffers along not only the highway frontage, but along all lot lines that allow visibility into the site from the highway.

Figure 5: Required landscaped buffer for commercial use next to at-grade highway section. ii. Along lot lines that are adjacent to elevated highway sections a landscaped buffer no less than twenty (20) feet deep shall be provided.
(A) Trees shall be provided at a rate of one tree per twenty-five (25) feet of highway frontage. The trees may be spaced evenly or planted in groups or clusters, and shall be of a species which will grow tall enough to be visible from the highway.
(B) No freestanding signs or communications towers may be established within twenty (20) feet of the highway right-of-way.

Created: 2023-09-15 10:10:40 [EST]
(Supp. No. 20, 9-23)

Figure 6: Required landscaped buffer for commercial use next to elevated highway section. iii. Along lot lines that are adjacent to depressed highway sections a landscaped buffer no less than twenty (20) feet deep shall be provided.
(A) Trees shall be provided at a rate of one tree per twenty-five (25) feet of highway frontage. The trees may be spaced evenly or planted in groups or clusters and shall be placed close enough to the right-of-way line that they will be visible from the highway.
(B) No buildings, parking areas, trash or recycling areas, utility equipment, freestanding signs, communications towers or other structures may be established within twenty (20) feet of the highway right-of-way, with the exception of one monument sign as set forth in subsection (G)(10).

Figure 7: Required landscaped buffer for commercial use next to depressed highway section.

Highway Beautification Overlay Yard Requirements*
Use Type Adjacent Highway Type
At-Grade Elevated Depressed
Agricultural Uses (See
subsection (G)(5)(b)
details)
As required by underlying
district.

As required by underlying
district.

As required by underlying
district.

Created: 2023-09-15 10:10:40 [EST]
(Supp. No. 20, 9-23)

Single-Family Residential
(See subsection (G)(5)(c)
for details)
20′ landscaped setback
consisting or lawn,
ground cover, or shrubs.
1 tree shall be planted for
every 25 feet of highway
frontage.
1 tree shall be planted for
every 25 feet of highway
frontage.
1 tree shall be planted for
every 25 feet of highway
frontage.

Wrecking Yards, Pallet
Yards, Recycling Facilities,
Used Equipment Yards, or
Similar Uses (See
subsection (G)(5)(d) for
details)
20′ deep landscaped
setback with a
continuous shrub hedge,
interplanted 30′ on
center with trees. 6′
masonry wall must be
provided behind
landscaped setback.
20′ deep landscaped
setback interplanted with
large, dense evergreen
trees 30′ on center.
10′ deep landscaped
setback with a
continuous shrub hedge
and a 6′ masonry wall.

Commercial, Industrial,
Multiple-Family, etc. (See
subsection (G)(5)(e) for
details)
20′ landscaped setback
consisting or lawn,
ground cover, or shrubs.
1 tree shall be planted for
every 25 feet of highway
frontage, but the trees
may be grouped or
clustered to allow
visibility into the site.
1 tree shall be planted for
every 25 feet of highway
frontage, but the trees
may be grouped or
clustered to allow
visibility into the site.
1 tree shall be planted for
every 25 feet of highway
frontage, but the trees
may be grouped or
clustered to allow
visibility into the site.
* For illustrative purposes only. Refer to text for complete requirements. iv. Yards for areas of the lot other than those specifically addressed in this overlay district shall be as required by the underlying district.

6. Space Between Buildings. Space between buildings shall be as required by the underlying district.

7. Lot Coverage. Lot coverage shall be as required by the underlying district.

8. Fences, Hedges, and Walls. Fences, hedges, and walls shall be provided as required by the underlying district, with exceptions noted above.

9. Off-Street Parking. Off-street parking shall be provided as required by the underlying district.

10. Outdoor Advertising.
a. Freestanding Signs.
i. No freestanding sign shall be erected on lots in which the underlying district prohibits freestanding signs.
ii. On lots in which the underlying district permits freestanding signs, the number of freestanding signs on any lot shall be limited to two. One shall be permitted facing the highway, and one shall be permitted facing the street that the lot fronts. On lots that are not adjacent to the highway, only one freestanding sign shall be permitted. iii. No freestanding sign may be located in the required yard area described in subsection (G)(5). Only monument signs shall be permitted in the required yard area. iv. Sign height shall be as follows:

Created: 2023-09-15 10:10:40 [EST]
(Supp. No. 20, 9-23)

(A) The maximum permitted height of freestanding signs shall be dependantdependent on the distance that the freestanding sign is set back from the highway and shall be calculated using the following formula: one foot of sign height shall be permitted for every one foot that the sign is set back from the highway, to a maximum of thirty-five (35) feet in height. (B) The maximum permitted height of a marquee sign shall be one hundred (100) feet in height. The required setback for marquee signs shall be at the discretion of each individual city/county.
v. The maximum permitted area for monument signs in the required yard area shall be sixty (60) square feet.
vi. The maximum permitted area for freestanding signs shall be as follows:
(A) The maximum permitted area of freestanding signs shall be dependeant on the distance that the sign is set back from the highway and shall be calculated using the following formula: three square feet of sign area shall be permitted for every one foot that the sign is set back from the highway, to a maximum of two hundred (200) square feet in area.
(B) The maximum permitted area of a marquee sign shall be at the discretion of each individual city/county.
b. Wall Signs.
i. No wall sign shall be erected on lots in which the underlying district prohibits wall signs. ii. Wall signs shall consist of no more than ten percent (10%) of the wall area. c. Sign types not addressed in this section shall be as regulated by the underlying district. d. Sign characteristics not addressed in this section shall be as regulated by the underlying district. e. Non-conforming Signs and Advertising Structures.
i. Signs which become non-conforming on or after the effective date of the ordinance codified in this section but which lawfully existed and were maintained prior to the effective date of the ordinance codified in this section shall be removed or made to conform within ten (10) years after the effective date of the ordinance. During the interim ten (10) year period, said non-conforming signs shall be kept in good repair and visual appearance.
ii. Any sign determined to be of historical significance, and identified as such in any community or specific plan, shall be exempt from the removal and conformance requirements of this section.
iii. A non-conforming sign may be required to be removed prior to the ten (10) year amortization period if it meets any of the following criteria:
(A) The sign was erected without first complying with all ordinances and regulations in effect at the time of its construction and installation or use. (B) The sign was lawfully erected but its use has ceased, or its owner has abandoned it, for a period of not less than ninety (90) days. (C) The sign has been more than fifty percent (50%) destroyed, repair of the sign would require more than copy replacement, and the damage cannot be repaired within thirty (30) days of the date of its occurrence.

Created: 2023-09-15 10:10:40 [EST]
(Supp. No. 20, 9-23)

(D) The sign owner remodels the sign, beyond a change of copy, without first complying with all ordinances and regulations in effect at the time of its remodeling.
(E) The property owner expands or enlarges the building or land use upon which a lawfully erected, non-conforming sign is located and the sign is displaced by the construction, enlargement, or remodeling.
(F) The sign is or may become a danger to the public or is unsafe. (G) The sign constitutes a traffic hazard that was not created by relocation of streets or highways or by acts of the governing body.
iv. Non-conforming, on-premises signs that were installed without first obtaining required approvals and permits shall be removed or made to comply within six months of the effective date of the ordinance codified in this section. v. Advertising structures that become non-conforming on or after the effective date of the ordinance codified in this section are subject to the following provisions:
(A) Notwithstanding any other provision of this code, only customary maintenance or use of the structure shall be permitted.
(B) No addition, structural alteration, modification to, or enlargement, repair, reconstruction, change in use or replacement of, the structure will be permitted, except:
(1) Mere customary maintenance or use; or
(2) Such alterations or changes that will render the structure conforming in every respect with this code.
(C) Maintenance, repair, structural alteration, modification, change in use or construction to the structure in any twelve (12) month period which exceeds fifty percent (50%) of the fair market value of the structure immediately prior to such twelve (12) month period, or increases the basis of such structure to its owner by one hundred percent (100%) or more than it was immediately prior to such twelve (12) month period, shall be considered as reconstruction or replacement, or as exceeding customary maintenance or use. Advertising structures requiring this level of maintenance or repair shall be removed or made to conform in every respect with this municipal code. (D) Any non-conforming advertising structure that is permitted to remain pursuant to this section shall be maintained in good repair and visual appearance.

11. Architectural Standards. Any building wall visible from the highway shall be detailed and treated equally in terms of appearance to the front of the building.

12. Communications Towers.
a. Communications towers shall be permitted subject to a conditional use permit in the HB district unless the underlying district expressly prohibits communications towers. b. Each application for a communications tower shall be accompanied by the following:
i. A signed statement from the applicant indicating their intention to share space on the tower with other providers.

Created: 2023-09-15 10:10:40 [EST]
(Supp. No. 20, 9-23)

ii. A copy of the lease between the applicant and the landowner. The lease shall contain the following provisions:
(A) The landowner and the applicant shall have the ability to enter into leases with other carriers for co-location.
(B) The landowner shall be responsible for the removal of the communications tower or facility in the event the lessee fails to remove it upon abandonment. c. Communications towers must be of a monopole design. Lattice tower and guyed tower communications towers shall not be permitted.
d. Communications towers may not be located closer than twenty (20) feet to the highway. e. The maximum permitted height of communications towers shall be dependantdependent on the distance than the communications tower is set back from the highway and shall be calculated using the following formula: one foot of height shall be permitted for every one foot that the tower is set back from the highway, to a maximum of one hundred fifty (150) feet in height. A lightning rod, not to exceed ten (10) feet, shall not be included within the height limitations. f. All new communications towers shall be designed to accommodate no less than two additional providers.
g. All communications towers shall maintain a galvanized finish, unless camouflaged in some other manner. Examples include disguising the tower as a tree or hiding the equipment in a church steeple.
h. All communications towers shall be separated by not less than one thousand five hundred (1,500) feet. Communications equipment mounted to existing towers or structures such as light poles, tall buildings, water towers, grain silos, or church steeples shall not be subject to this requirement.
i. Mobile or immobile equipment not used in direct support of a communications tower facility shall not be stored or parked on the site of the communications tower unless repairs to the tower are being made.
j. Accessory uses shall only include such buildings and facilities necessary for transmission functions and satellite ground stations associated with them, but shall not include broadcast studios, offices, vehicle storage areas, or other similar uses not necessary for the transmission function.

All accessory buildings shall be constructed of building materials consistent with the primary use of the site and shall be subject to site plan or final development plan approval. Where there is no primary use other than the tower, the building materials for the accessory building shall be subject to the review and approval of the governing body. k. Communications towers shall only be illuminated as required by the Federal Communications Commission and/or the Federal Aviation Administration. Security lighting around the base of the communications tower may be provided if the lighting is shielded so that no light is directed towards adjacent properties or right-of-way.
l. The base of the tower and all related equipment shall be screened from view with a solid masonry wall a minimum of six feet in height. A landscaped buffer of no less than five feet shall be provided outside of the screening wall.
m. Any antenna or communications tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within ninety (90) days of a receipt of notice from the governing body notifying the owner of such abandonment. If such antenna or tower is not removed within said ninety (90) Created: 2023-09-15 10:10:40 [EST]
(Supp. No. 20, 9-23)

days, the governing body may remove such antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

13. Utility and Mechanical Equipment. Utility and mechanical equipment such as heating units, air conditioners, antennas, satellite dishes, HVAC units, or similar devices, shall be integrated into the design of the building or situated on the site so that they are not visible from the highway. When this is not possible, the equipment shall be screened from view of the highway by a masonry wall.

14. Trash and Recycling Areas. Trash and recycling areas shall be situated on the site so that they are not visible from the highway. When this is not possible, the trash and recycling areas shall be screened from view of the highway by a masonry wall.

15. Loading Areas. Loading areas shall be situated on the site so that they are not visible from the highway.

When this is not possible, the loading areas shall be screened from view from the highway by a masonry wall.
(Ord. 2006-04 § 1, 2006)

17.48.050 HEI Housing Element Implementation Overlay.

A. Statement of Intent. The HEI Housing Element Implementation overlay district is intended to implement Program 16 of the City’s 6th cycle Housing Element, adopted on July 17, 2024.

B Area of Applicability. The HEI overlay district shall apply to the following properties, as of the date of the adoption of the 6th Cycle Housing Element:

1. Assessor’s Parcel Number 394-251-16

2. Assessor's Parcel Number 394-251-17

3. Assessor's Parcel Number 396-020-19

4. Assessor's Parcel Number 394-210-07.

C. Development Requirements. The following development requirements shall apply to the properties located within the HEI overlay district:

1. Sites in the HEI overlay district may only be developed with a residential use.

2. Sites within the HEI overlay district must be developed at a density of 20 dwelling units per acre to 30 dwelling units per acre.

3. Development of any site within the HEI overlay district shall comply with all applicable objective development standards.

4. Development of any site within the HEI overlay district shall meet the requirements of Government Code Section 65583.2, subdivisions (h) and (i), as required by the 6th cycle Housing Element.

Chapter 17.50 RIGHT TO FARM*
Created: 2023-09-15 10:10:40 [EST]
(Supp. No. 20, 9-23)

17.50.010 Findings and policy.

It is the declared policy of this city to preserve, protect, and encourage the use of viable agricultural lands for the production of food and other agricultural products. When non-agricultural land uses extend into agricultural areas nearby, such operations frequently become the subjects of nuisance complaints. As a result, agricultural operators are often forced to cease or curtail their operations. Such conflicts discourage investments in farm improvements to the detriment of adjacent agricultural uses and the economic viability of the city's agricultural industry. It is the purpose and intent of this chapter to reduce the loss to the city of its agricultural resources by clarifying the circumstances under which agricultural operations may be considered a nuisance and thereby lessening conflicts between agricultural operations and non-agricultural uses. It is therefore a requirement of all persons who wish to sell real property or apply for building permits within the city to provide a disclosure statement as set forth in Section 17.50.040 or Section 17.50.060. (Amended during 5-08 supplement; Ord. 93-02 § 1 (part), 1993)

17.50.020 Definitions.

As used in this chapter, the following terms have the meanings stated in this section:

An "agent" is one authorized by law to act in that capacity for that type of property, and is licensed as a real estate broker under Chapter 3 (commencing with Section 10130) of Part of Division 4 of the Business and Professions Code or is a licensee, as defined in Section 18006 of the Health and Safety Code. "Agricultural land" means all real property within the boundaries of the city of Kingsburg, and those properties immediately surrounding the city, currently used for agricultural operations or upon which agricultural operations may in the future be established.
"Agricultural operation" means and includes, but not be limited to, cultivation and tillage of the soil; dairying; the production, irrigation, frost protection, cultivation, growing, harvesting and processing of any agricultural commodity, including viticulture, horticulture, timber; the raising of livestock, fur bearing animals, fish or poultry; and any commercial agricultural practices performed as incident to or in conjunction with such operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market. "Buyer" includes any transferee.

A "listing agent" is one who has obtained a listing of property and is authorized by law to act as an agent for compensation.
"Property" means real property.
"Sell" or "sale" means any transfer of fee title.

A "selling agent" is an agent who acts in cooperation with a listing agent and who sells, finds and obtains a buyer for the property.
"Sold" includes an exchange. A property is sold when a deed is recorded. (Amended during 5-08 supplement; Ord. 93-02 § 1, 1993)

17.50.030 Nuisance.

No agricultural activity, operation or facility or appurtenances thereof, conducted or maintained for commercial purposes, in a manner consistent with proper and accepted customs and standards and all codes, ordinances, and resolutions adopted by the city council of the city of Kingsburg, as established and followed by Created: 2023-09-15 10:10:40 [EST]
(Supp. No. 20, 9-23)

similar agricultural operations, shall be or become a nuisance, public or private, if it was not a nuisance when such activity commenced operation, or facilities or appurtenances thereof commenced activity. (Amended during 5-08 supplement; Ord. 93-02 § 1, 1993)

17.50.040 Disclosure statement format.

The disclosure statement required by this section is set forth herein, and shall be included within or accompanying the form TDS 114 as set forth by California Civil Code Article 15. The statement is as described as follows:

The City of Kingsburg permits operation of properly conducted agricultural operations within the City limits, including those that utilize chemical fertilizers and pesticides. You are hereby notified that the property you are purchasing may be located close to agricultural lands and operations. You may be subject to inconvenience or discomfort arising from the lawful and proper use of agricultural chemicals and pesticides and from other agricultural activities, including without limitation, cultivation, plowing, spraying, irrigation, pruning, harvesting, burning of agricultural waste products, protection of crops and animals from depredation, and other activities which may generate dust, smoke, noise, odor, rodents and pests. Be aware also, that this property may be located close to agricultural operations outside the city's jurisdiction.

Consequently, depending on the location of your property, it may be necessary that you be prepared to accept such inconveniences or discomfort as normal and necessary aspect of living in an agriculturally active region.
(Amended during 5-08 supplement; Ord. 93-02 § 1 (part), 1993)

17.50.050 Delivery by transferor.

The transferor of any property located in the city of Kingsburg shall deliver the disclosure statement required by this chapter to the prospective transferee as follows:

A. In the case of a sale, as soon as practicable before transfer of title.

B. In the case of transfer by a real property sales contract, as defined in Section 2985 of the Civil Code, as soon as practicable before execution of the contract. For the purpose of this subsection, "execution" means the making or acceptance of an offer. With respect to any transfer subject to subsection A or B, the transferor shall indicate compliance with this chapter either on the receipt for deposit, the real property sales contract, or any addendum attached thereto or on a separate document. (Amended during 5-08 supplement; Ord. 93-02 § 1 (part), 1993)

17.50.060 Disclosure statement with building permits.

Prior to the issuance of a city building permit for construction of a residential building the owner of the property upon which the building is to be constructed shall sign, date, and file with the city building division, the disclosure statement set forth below:

DISCLOSURE STATEMENT—BUILDING PERMIT
The City of Kingsburg permits operation of properly conducted agricultural operations within the City limits, including those that utilize chemical fertilizers and pesticides. You are hereby notified that the property you are purchasing may be located close to agricultural lands and operations. You may be subject to inconvenience or discomfort arising from the lawful and proper use of agricultural chemicals and pesticides and from other agricultural activities, including without limitation, cultivation, plowing, spraying, irrigation, Created: 2023-09-15 10:10:40 [EST]
(Supp. No. 20, 9-23)

pruning, harvesting, burning of agricultural waste products, protection of crops and animals from depredation, and other activities which may generate dust, smoke, noise, odor, rodents and pests. Be aware also, that this property may be located close to agricultural operations outside the city's jurisdiction.

Consequently, depending on the location of your property, it may be necessary that you be prepared to accept such inconveniences or discomfort as normal and necessary aspects of living in an agriculturally active region.

I declare that I have read and understand the foregoing disclosure.

Date:_______ (Sign)
Print Name:

Address:

Phone No.
(Amended during 5-08 supplement; Ord. 93-02 § 1 (part), 1993)

17.50.070 Refusal to sign disclosure statement.

If a buyer refuses to sign the disclosure statement set forth in Section 17.50.040, the transferor may comply with the requirements of this chapter by delivering the statement to the buyer as provided in Section 17.50.050 and affixing and signing the following declaration to the statement:

I (insert name) have delivered a copy of the foregoing disclosure statement as required by law to (insert Buyer's name) who has refused to sign.

I declare the foregoing to be true and correct to the best of my knowledge and belief under penalty of perjury.

Date: (Sign)
Print Name:

Address:

Phone No.
(Amended during 5-08 supplement; Ord. 93-02 § 1 (part), 1993)

17.50.080 No limitation on other disclosure obligations.

The specification of items of disclosure in this chapter does not limit or abridge any obligation for disclosure created by any other provision of law or which may exist in order to avoid fraud, misrepresentation, or deceit in the sale.
(Amended during 5-08 supplement; Ord. 93-02 § 1 (part), 1993)

17.50.090 Delivery of disclosure statement.

Delivery of the disclosure statement required by Section 17.50.050 shall be by personal delivery or certified mail return receipt requested to the buyer.
(Amended during 5-08 supplement; Ord. 93-02 § 1 (part), 1993) Created: 2023-09-15 10:10:40 [EST]
(Supp. No. 20, 9-23)

17.50.100 Penalty for violation.

Noncompliance with any provision of this chapter shall not affect title to real property, nor prevent the recording of any document. Any person who violates any provision of this chapter is guilty of an infraction punishable by a fine not exceeding five hundred dollars ($500.00) for each violation. (Amended during 5-08 supplement; Ord. 93-02 § 1 (part), 1993)

17.50.110 Does not abridge state law.

Nothing contained in this chapter is to be construed as modifying state law as set out in the California Civil Code, Health and Safety Code, Fish and Game Code, Food and Agricultural Code, Division 7 of the Water Code, or any other applicable provision of state law relating to nuisances; rather, it is only to be utilized in the interpretation and enforcement of this code and city regulations. (Amended during 5-08 supplement; Ord. 93-02 § 1 (part), 1993)

17.50.120 Renting or leasing of real property.

It shall be the responsibility of the property owner to notify any tenant, lessee, or renter of his/her property of the provisions of this chapter.
(Amended during 5-08 supplement; Ord. 93-02 § 1 (part), 1993) Chapter 17.52 OFF-STREET PARKING AND OFF-STREET LOADING FACILITIES

17.52.010 Purposes and application.

In order to alleviate progressively or to prevent traffic congestion and shortage of curb spaces, off-street parking and off-street loading facilities shall be provided incidental to new land uses and major alterations and enlargements of existing land uses. The number of parking spaces and loading berths shall be in proportion to the need for such facilities as created by the particular type of land use. Off-street parking and loading areas are to be laid out in a manner which will ensure their usefulness, protect the public safety and, where appropriate, insulate surrounding uses from their impact.

Provisions of this chapter are also intended to deal with problems, conditions and needs which are apparent in attempting to provide sufficient off-street parking facilities in areas of intense commercial development, including:

A. The difficulty in assembling land by private means, including the often excessive time required; B. The varying financial capabilities and traffic generating characteristics among varying types of commercial enterprise;
C. The importance of avoiding fragmented patterns of off-street parking facilities which may bear little relation to the needs of a commercial area as a whole;
D. The importance of having regulations which will not inadvertently discourage private investment while alleviating or preventing traffic congestion; and
Created: 2023-09-15 10:10:40 [EST]
(Supp. No. 20, 9-23)

E. The importance of achieving a reasonable distribution of financial burden among private interests and the public at large consistent with their individual and collective responsibilities to provide off-street parking facilities.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.52.020 Off-street parking facilities required.

A. Definition of Parking Space. A parking space is an area for the parking of a motor vehicle plus those additional areas and facilities required to provide for safe access to and from the motor vehicle parking area.

The parking space must be useable and accessible for the type of motor vehicle allowed to use the parking space.

B. Special Limitations and Requirements for Parking in Residential Areas. No semi-truck and trailer or trucktractor, or truck-tractor and trailer, or other vehicle having a gross vehicle weight rating in excess of eight (8) tons (sixteen thousand (16,000) pounds), excluding public utility vehicles shall be parked within any residential zone district except for the purpose of loading, unloading or delivery of merchandise, materials or packages. No recreational vehicles, including, without limitation, motor homes, camping trailers, above-cab campers, boat trailers, boats, pick-up campers, fifth wheel trailers or dune buggies (collectively "RVs"), shall be stored or parked in a residential zone except as follows:

1. RVs may be parked within paved or graveled front yard areas (including the front yard driveway): (i) so long as the paved or graveled area is not within any required setback; or (ii) if the property is not subject to any required setbacks, the RV may be parked within paved or graveled front yard areas (including the front yard driveway) so long as the paved or graveled area is at least five (5) feet away from the side yard property line. An RV parked within the front yard of a property must be parked at least ten (10) feet behind the curb line of the street. If the RV is parked in the driveway, the front of the RV including, without limitation, trailer tongues, goosenecks and other trailering apparatus must be at least ten (10) feet from the curb line of the street.

2. RVs may be parked on a paved or graveled side yard area so long as the paved or graveled side yard area is not within any required setbacks. If the property is not subject to any required setbacks, the RV may be parked on a paved or graveled side yard area so long as the paved or graveled side yard area is at least five (5) feet away from the side yard property line.

3. RVs may be parked in any portion of the backyard area of a property within the property lines of the property.

4. Guest parking of RVs in the street in front of a residence is limited to not more than seven (7) days in any thirty-day period, measured from the first day of parking, provided a permit for such RV parking is first obtained from the city's police department. The permitted RV shall be used solely as sleeping quarters and water and electricity may be provided by on-site hookups from the residence. However, on-site hookups of an RV to on-site, gas or sewage disposal facilities are prohibited.

5. RV parking at the street curb line is permitted for the time period needed for actual loading or unloading of the RV which time period shall not exceed seventy-two (72) hours.

6. In any residential zone district, all motor vehicles incapable of movement under their own power, other than in cases of emergency, accident or breakdown, shall be stored in an entirely enclosed space, garage or carport. No more than one such vehicle shall be so stored at any time at a residence, and no more than one such vehicle shall be under repair at any time at a residence. Parking on lawns and, except as otherwise provided in this Section 17.52.020, other areas in front yards is prohibited.

Created: 2023-09-15 10:10:40 [EST]
(Supp. No. 20, 9-23)

A fine of one hundred dollars ($100.00) will be imposed for each violation of the provisions of this Paragraph B.

C. Time when Off-Street Parking is Required. Except as provided in paragraph J. of this section or in Section

17.52.100 of this chapter, there shall be provided off-street parking facilities in accordance with the provisions of this chapter when any of the following shall occur:

1. Initial occupancy of a site;

2. A major alteration or enlargement of a use, site or building; and

3. A change in use that requires additional parking.

D. Parking Space Schedule.

1. Residential Uses.
a. One-family dwellings, duplexes, triplexes, fourplexes and multi-family dwellings: two spaces for each dwelling unit, with at least one space within a garage or carport. b. Duplexes, triplexes, fourplexes, and multifamily dwellings: one space for each studio or one bedroom dwelling unit, one and a half spaces per each two bedroom dwelling units, and two spaces for each dwelling unit with more than two bedrooms. Additionally, multifamily developments shall provide one guest parking space for every five dwelling units. bc. Except for driveways allowed in the front setback area of a garage or carport, all additional parking for 2-4 unit structures and multi-family units shall be to the rear or side of such units. If parking is located to the side of the units, the first parking space shall be to the rear of the front yard setback line.
cd. Housing for the elderly: one space for each dwelling unit, provided however that sufficient space shall be set aside and incorporated into the site plan for the number of spaces prescribed under Subsection b., above, in the event of a change of use to housing for the non-elderly. de. Private clubs, fraternity or sorority houses, lodging and rooming houses: one space for each two beds.
ef. Motels, hotels, inns and bed and breakfast establishments: one space for each guest room, plus one space for each employee.

2. Uses within the Central Commercial District.
a. Commercial uses and non-medically related office uses, excluding conditional uses, within the area designated as the central business district by the general plan: one space for each eight hundred (800) square feet of floor area, except as provided under Subsection 2.b. of this subsection.
b. Uses within an integrated shopping center located outside of the central business district involving a combination of three or more retail uses permitted within the CC district for which building area, off-street parking, off-street loading, landscaping, lighting and other features are developed, managed and maintained as if a single unit—three spaces for each one thousand (1,000) square feet of gross leasable area, or four spaces for each one thousand (1,000) square feet of gross leasable area if the center includes a supermarket. c. Other uses within the central commercial district within or outside of the central business district—the number of spaces otherwise required for the type of use.

3. Other Commercial Use—Industrial Use.
a. Banks: one space for each three hundred (300) square feet of floor area.

Created: 2023-09-15 10:10:40 [EST]
(Supp. No. 20, 9-23)

b. Offices (not including medically related or public administrative offices): one space for each four hundred (400) square feet of floor area.
c. Retail stores, food: one space for each one hundred fifty (150) square feet of floor area; minimarket food stores—one space for each three hundred (300) square feet of floor area for stores under two thousand (2,000) square feet of gross floor area. d. Retail stores, other than food, and personal service establishments: one space for each three hundred (300) square feet of floor space.
e. Retail stores which handle primarily bulky merchandise such as furniture, household appliances, motor vehicles, farm implements, machinery and bulk supplies: one space for each six hundred (600) square feet of floor area.
f. Service commercial uses, repair shops and wholesale establishments: one space for each eight hundred (800) square feet of floor area, plus one space for each employee, and one space for each vehicle stored on the property for more than twenty-four (24) hours. g. Commercial and industrial uses conducted primarily outside of buildings: one space for each employee of the maximum working shift, plus one space for each vehicle stored on the property for more than twenty-four (24) hours.
h. Manufacturing, indoor storage and other industrial uses: one space for each employee of the maximum working shift, plus one space for each vehicle stored on the property for more than twenty-four (24) hours.

4. Utility Uses. Electrical distribution and transmission substations, gas regulator stations, public utility pumping stations, reservoirs, water or gas storage tank farms, sewage treatment plants and other public utility buildings and uses: one space for each two employees of the maximum working shift, plus one space for each vehicle stored at the site. Where the use is un-manned, one space for each service vehicle to be parked at the site.

5. Health Uses.
a. Medical and dental offices and clinics, including (but not limited to) surgeons, general practitioners, psychiatrists, psychologists, medical specialists, ophthalmologists, dentists, optometrists and similar medically-related professions: three spaces for each practitioner, plus one space for each employee, or one space for each two hundred fifty (250) square feet of floor area, whichever is greater.
b. Rest homes, nursing homes, convalescent homes, homes for the aged: one space for each employee of the daytime shift, plus one space for each four beds. c. Charitable and religious institutions providing sleeping accommodations: one space for each employee and one space for each four beds.
d. Hospitals: one space for each four beds and one space for each employee of the maximum working shift, plus one space for each staff doctor.

6. Places of Assembly.
a. Cafe, restaurant or other establishment for the sale and consumption of food and beverages on the premises: one space for each four seats.
b. Drive-in and fast food restaurants: one space for each two seats, and one space for each employee of the maximum working shift.
c. Auditoriums (except school auditoriums), churches, mortuaries, sports arenas and stadiums, dance halls, private clubs and lodges: one space for each fifty (50) square feet of floor area used Created: 2023-09-15 10:10:40 [EST]
(Supp. No. 20, 9-23)

for seating if seats are not fixed, or one space for each four seats, plus one space for each employee. School classrooms associated with a church do not require parking in addition to that required for church seating.
d. Theaters (indoor): one space for each four seats.
e. Bowling alleys: four spaces for each alley, plus one space for each four seats devoted to restaurant and/or cocktail lounge, plus one space for each employee of the maximum working shift.
f. Other places of assembly without fixed seats: one space for each fifty (50) square feet of floor areas used for assembly, plus one space for each employee of the maximum working shift.

7. Educational Uses.
a. Public and private elementary and junior high schools: one space for each employee, plus sufficient space for safe and convenient bus loading and unloading of students. b. High schools: one space for each employee, one space for each ten (10) students, plus sufficient space for safe and convenient bus loading and unloading of students. c. Colleges: one space for each employee, plus one space for each five students enrolled. d. Nursery schools and day care centers: one space for each employee, plus sufficient space for safe and convenient loading and unloading of students enrolled. e. Business, professional and trade schools and colleges, and art, craft, music and dancing schools:
one space for each employee, plus one space for each three adult students.

8. Public Uses.
a. City, county, special district, state and federal administrative offices: one space for each employee, plus one space for each one thousand (1,000) square feet of floor area. b. Public buildings and grounds other than offices and educational uses: one space for each employee of the maximum working shift, plus the number of additional spaces prescribed by the planning commission.

9. Transportation Terminals and Facilities. Airports, heliports, bus depots, taxi stations, railroad stations and yards: one space for each employee of the maximum working shift, plus sufficient space for loading and unloading of passengers.

10. Miscellaneous Uses. For a use not specified or covered by the above parking schedule, the same number of spaces shall be provided, as determined by the planning commission, as are required for the most similar use.

11. Recreation Vehicle Parking within Multi-Family Developments. Recreation vehicle parking shall not be permitted within multi-family developments unless confined to an area designed for the purpose enclosed by a security fence, and located where it will have the least visual impact on the site as a whole. RV parking within yard spaces of individual dwelling units or multi-family structures shall be prohibited.

12. Demonstrated Alternative Parking Requirements. Notwithstanding the parking requirements of Subsections D.2. and D.3. of the above schedule, an applicant shall be entitled to submit a parking formula for consideration by the planning commission which is based on a demonstrated satisfaction of parking requirements for the same or similar use at another location. Such alternative demonstration shall be submitted in writing, together with photographic and other evidence as may be necessary in support of the request. Evidence from a location outside of the city of Kingsburg shall Created: 2023-09-15 10:10:40 [EST]
(Supp. No. 20, 9-23)

include a letter from the planning official having jurisdiction corroborating that the evidence supports the alternative formula.

E. Units of Measurement.

1. For purposes of this chapter, and with the exception of references to gross floor area, the term floor area shall mean that floor area used, or intended to be used, for direct service to the public as customers, patrons, clients or patients, or as tenants, including areas occupied by fixtures and equipment for the display and sale of merchandise, or for repair services. It shall not include areas used principally for non-public use, including restrooms, storage areas or administrative offices incidental to a commercial use.

2. In outdoor or indoor places of assembly, in which patrons or spectators occupy benches, pews or other similar seating facilities, each twenty-four (24) lineal inches of each seating facility shall be counted as one seat for purposes of calculating off-street parking requirements.

3. If, in the application of the requirements of this section, a fractional number is obtained, one parking space shall be provided for a fraction of one-half or more, and no parking space shall be required for a fraction of less than one-half.

F. Change in Use, Additions and Enlargements. Whenever there is a change in use or increase in floor area, or change in other unit of measurement specified herein, and such change of increase creates a need for an increase in the number of off-street parking spaces by twenty (20) percent or more, such increase in parking facilities shall be provided on the basis of the increased requirements of the new or enlarged use; provided, however, that in the event a change in use creates a need for an increase of two or less off-street parking spaces, no additional parking facilities shall be required.

G. Remodeling. No additional off-street parking facilities shall be required solely because of the remodeling of an existing use or building, unless there is a change in use, addition or enlargement for which additional facilities are required in accordance with Subsection F. of this section.

H. Mixed Uses. In the case of mixed uses, the total requirements for off-street parking shall be the sum of the requirements for the several uses computed separately. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use except as herein specified for joint use and uses within integrated shopping centers.

I. Joint Use. The building official may, upon written application by the owner or lessee of any property, authorize the joint use of parking facilities by the following uses and activities, and under the conditions specified herein:

1. Seventy-five (75) percent of the parking facilities required for a use considered to be primarily a daytime use may be provided by the parking facilities of a use considered to be primarily a nighttime use, or the reciprocal; provided however, that such parking area shall meet the conditions set forth for in-lieu payments in Subsection K.3., below.

2. The following uses are typical daytime uses: banks, business offices, retail stores, personal services, manufacturing or wholesale uses and similar uses. The following uses are typical nighttime uses: dance halls, theaters, bars, auditorium and restaurants that only serve dinners.

3. The following are conditions required for joint use:
a. The building or use for which application is made for authority to utilize the existing off-street parking facilities provided by another building or use shall be located within two hundred (200) feet from such parking facility.
b. The applicant shall show that there is no substantial conflict in the principal operating hours of the building or uses for which the joint use of off-street parking facilities is proposed.

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(Supp. No. 20, 9-23)

c. If the building, structure or improvement requiring parking space is in one ownership and the required parking space provided is in another ownership, partially or wholly, there shall be a recording in the office of the Fresno County Recorder of a covenant by such owners for the benefit of the city, in a form approved by the city, that such owner or owners will continue to maintain such parking space so long as said building structure or improvement is maintained by said owner within said city. The covenant herein required shall stipulate that the title to and right to use the parcel or parcels upon which the parking space is to be provided will be subservient to the title to the premises upon which the building is to be erected and that said parcel or parcels are not and will not be made subject to any other covenant or contract for use without prior written consent of the city.

J. Common Facilities. Common parking facilities may be provided in lieu of the individual requirements contained herein, but such facilities shall be approved by the planning commission as to size, shape and relationship to sites to be served. The total of such off-street parking spaces, when used together, shall not be less than the sum required for the various uses computed separately, except as follows:

1. Where joint use is allowed.

2. When such common parking facility is to occupy a site three thousand (3,000) square feet or more, a fifteen (15) percent reduction in the total number of spaces shall be permitted.

3. Where the provisions of Subsection D.2 of this section apply.

K. In-Lieu Payments for Uses within the central business district. In lieu of furnishing the parking spaces and facilities required by the provisions of this section for uses within the central business district, the requirements thereof may be satisfied by electing one of the following options:

1. Payment to the city of an amount of money, per parking space, for each parking space required by the provisions of this article, equal to fifty (50) percent of the value of a parking space, which value shall be fixed annually by the city council based on the city's experience in the cost of developing municipal offstreet parking facilities. The payments of such money shall constitute full compliance with the provisions of this section, and the city shall provide such spaces for the benefit of the public as part of, and through the expansion of, the city's municipal off-street parking program. The city shall construct, maintain and manage such spaces at such locations and at such times as will best benefit the public-atlarge in accordance with the policies and programs of the off-street parking plan of the city as adopted by the council.

2. Construction of such off-street parking spaces and facilities as reasonably may be provided in view of the physical limitations of the property available for such purpose and the deposit of money with the city in accordance with the provisions, and under the terms of Subsection K.1., above, for the remainder of the off-street parking spaces and facilities required by this section; or

3. With the consent of the council, the owner of the property or use for which twenty (20) or more offstreet parking spaces are required may deposit with the city an amount of money, per parking space for each parking space required by the provisions of this article, equal to seventy-five (75) percent of the value of a parking space, which value shall be fixed annually by the council based on the city's experience in the cost of developing municipal off-street parking facilities. The payment of such money shall constitute full compliance with the provisions of this section, and the city shall provide such spaces for the benefit of the public as a part of, and as an expansion of, the city's municipal off-street parking program. The city shall construct, maintain and manage such spaces within four hundred (400) feet of the exterior boundaries of the property or use for which the spaces were originally required and within a time period determined by the mutual agreement of the depositor and the council.

Whenever a payment of money is made to the city in lieu of the provision of parking spaces and facilities required by this section, such money shall be deposited in a special fund and shall be used and Created: 2023-09-15 10:10:40 [EST]
(Supp. No. 20, 9-23)

expended exclusively for the purpose of acquiring and developing off-street parking facilities as an expansion of the city's municipal off-street parking program. The value of an off-street parking space, to be fixed annually by the council, shall be determined in such a manner that it will reflect reasonably the actual unit parking space costs to the city for the acquisition and development of parking facilities.

Whenever a payment of money is made to the city in lieu of the provision of parking spaces and facilities required by this section, the payment may be made in equal monthly installments, with interest, over the maximum period of time possible consistent with attaining the objectives of the city's municipal off-street parking program. The time period for such payment shall be stated in an agreement with the city for payment, with the first installment due and payable upon execution of the agreement with the city for such payment. No use permit shall become effective, nor shall any building permit be approved, where in lieu payments are required, until such agreement has been duly executed.
(Ord. 93-04, 1993; Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982) (Ord. No. 2016-005, § 1, 12-21-2016)

17.52.030 Standards for off-street parking facilities.

Off-street parking facilities shall conform to the standards set forth in the City of Kingsburg Parking Manual as amended from time to time.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
(Ord. No. 2009-07, § 1, 9-16-09)

17.52.040 Off-street loading facilities required.

In any district, in connection with every building or part thereof hereafter erected and having a gross floor area of ten thousand (10,000) square feet or more, which is to be occupied by manufacturing, storage, warehouse, goods display, retail store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning or other uses similarly requiring the receipt or distribution by vehicles of materials or merchandise, there shall be provided and maintained, on the same parcel with such building, at least one off-street loading space, plus one additional offstreet loading space for each twenty thousand (20,000) square feet or major fraction thereof of gross floor area. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.52.050 Standards for off-street loading facilities.

Off-street loading facilities shall conform with the following standards:

A. Each loading berth shall be of a length and width, and shall have an overhead clearance sufficient to accommodate fully the maximum size of vehicles used in loading or unloading operations.

B. Sufficient room for the turning and maneuvering of vehicles shall be provided on the site.

C. Entrances and exits shall be provided at locations approved under site plan review procedures of this code.

D. The loading area, access drives and aisles shall be paved so as to provide a durable, dustless surface and shall be so graded and drained as to dispose of surface water, with the design and specifications of such work subject to city standards and approval of the public works director.

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(Supp. No. 20, 9-23)

E. Bumper rails or other barriers shall be provided where needed for safety or to protect property, as determined by the public works director.

F. If the loading area is illuminated, lighting shall be deflected away from abutting sites so as not to cause annoying glare to such sites.

G. A loading area shall not be located in a required front yard. A loading area may be located in a required side or rear yard.

H. No commercial repair work or servicing of vehicles shall be conducted in an off-street loading area. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.52.060 Location of off-street parking and off-street loading facilities.

Off-street parking and off-street loading facilities shall be located on the same site with the use for which the berths are required or on an adjoining site, except that within the central business district as located within the CC district, off-street parking facilities may be located within four hundred (400) feet of the use for which the spaces are required, measured by the shortest route of pedestrian access. No off-street loading space shall be required where buildings are served by a public alley.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.52.070 Screening, fencing and landscaping.

A. Where an off-street parking area in a C district adjoins a UR, RA, R, RM, or PO district, an ornamental solid wall or fence, vine-covered open fence, or compact screening device, as may be required under site plan review, shall be located on the property line common to such districts, except in a required front yard.

B. In a RM, PO, C, or I district, not less than five percent of the interior of a parking area shall be landscaped with trees and other plant materials suitable for ornamentation. Landscaped areas shall be distributed throughout the parking area to the extent practical in consideration of the size and design of the parking area. Shade trees shall be provided within off-street parking areas at a ratio of approximately one tree per five parking spaces, placed along the line between parking bays and at both ends of a line of parking spaces, served by automatic irrigation.

C. Shade trees approved by the city shall be provided in off-street parking areas at a ratio of one tree per five parking spaces placed along the line between or at the back of parking bays, with trees to be provided at both ends of a line of parking spaces, with all trees served by automatic irrigation. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.52.080 Existing uses.

No existing use of land or structure shall be deemed to be a non-conforming use solely because of the lack of off-street parking facilities or off-street loading facilities prescribed in this article; provided, however, that facilities being used for off-street parking and off-street loading at the time of the adoption of this ordinance shall not be reduced in capacity to less than the number of spaces or berths or reduced to less than the minimum standards prescribed in this chapter. Where an existing use is expanded, the parking requirements of this chapter shall apply only to the addition.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
Created: 2023-09-15 10:10:40 [EST]
(Supp. No. 20, 9-23)

17.52.090 Reduction of off-street parking and off-street loading facilities.

No off-street parking or off-street loading facilities provided for a use of land or structure in compliance with this chapter shall be reduced in capacity or in area without sufficient additional capacity or additional area being provided to comply with the regulations of this chapter. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.52.100 Exceptions to off-street parking and off-street loading requirements.

None of the provisions of the ordinance codified in this section which require the provisions of off-street parking and off-street loading spaces in connection with the use of property for commercial or industrial purposes shall apply to any parcel of property which is located within any vehicle parking district hereafter formed and existing under the provisions of any parking district act approved by the city council, and where parking and loading facilities provided by such district are determined by the city council to be adequate to serve the district. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
Chapter 17.56 HOME OCCUPATIONS—TEMPORARY SUBDIVISION SIGNS AND SALES OFFICES—MOBILEHOME PARKS—SIGNS AND OUTDOOR ADVERTISING STRUCTURES—MANUFACTURED SECOND HOUSING UNITS—ACCESSORY

DWELLING UNITS

17.56.010 Home occupations.

A. Procedures. Home occupations and short-term rental of houses or condominiums shall be permitted only in accordance with the provisions of this section, and a home occupation permit shall be valid only for the applicant to whom it was issued while the applicant operates the business or short-term rental in the location specified in the permit. The permit cannot be transferred to another owner, applicant or location.

The terms of the permit cannot be modified except by applying for a new permit. For purposes of this section and any other applicable provision of this code, the words "home occupation" shall include short-term rental of houses and condominiums in accordance with the provisions of Section 17.56.010.H.

B. Standards. A home occupation must comply with the following standards:

1. A home occupation shall be clearly incidental to the use of the home as a dwelling.

2. A home occupation shall not be conducted in any accessory structure other than a garage. Except that, a garage or accessory structure cannot be used as a short-term rental. There shall be no storage of equipment or supplies outside the dwelling or in any accessory structure other than a garage.

3. No one other than a resident of the dwelling shall be employed in the conduct of the home occupation.

Except that, the owner of the house or condominium may hire an agent to act as the "local contact person" to manage a short-term rental.

4. Sales of goods on the premises shall be limited to the products of the home occupation, and no other merchandise or goods shall be sold, kept or displayed for the purposes of sale on the premises.

5. Merchandise not produced on the premises may be kept and stored for purposes of sale at locations off the premises, provided that such merchandise is limited to small articles such as jewelry, cosmetics Created: 2023-09-15 10:10:41 [EST]
(Supp. No. 20, 9-23)

and similar items of merchandise which can be carried by one person in a case or other container. For purposes of this standard, materials typically involved in providing contracting services, such as plumbing, heating, air conditioning, electrical, carpentry and landscaping, are not included within the meaning of the clause "small articles".

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 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 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 Created: 2023-09-15 10:10:41 [EST]
(Supp. No. 20, 9-23)

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 short-term rental located in a singlefamily 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 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.

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 Created: 2023-09-15 10:10:41 [EST]
(Supp. No. 20, 9-23)

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. "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.

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(Supp. No. 20, 9-23)

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.

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 short-term 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 shortterm rental be used for activities in excess of the occupancy limits established in subsection 11 of this subsection H, or for weddings, receptions, parties, 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
1 4
2 7
3 9
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(Supp. No. 20, 9-23)

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 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 short-term 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 shortterm 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 short-term 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 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 Created: 2023-09-15 10:10:41 [EST]
(Supp. No. 20, 9-23)

the occupants. The short-term 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 short-term 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" 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; Created: 2023-09-15 10:10:41 [EST]
(Supp. No. 20, 9-23)

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 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 shortterm 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. 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 Created: 2023-09-15 10:10:41 [EST]
(Supp. No. 20, 9-23)

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. 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.

Created: 2023-09-15 10:10:41 [EST]
(Supp. No. 20, 9-23)

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.
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.
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.

Created: 2023-09-15 10:10:41 [EST]
(Supp. No. 20, 9-23)

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.
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.

Created: 2023-09-15 10:10:41 [EST]
(Supp. No. 20, 9-23)

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. 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.
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 Created: 2023-09-15 10:10:41 [EST]
(Supp. No. 20, 9-23)

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 freestanding 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. 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.

Created: 2023-09-15 10:10:41 [EST]
(Supp. No. 20, 9-23)

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 nonpermanent 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;
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 nonilluminated, 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. 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.

Created: 2023-09-15 10:10:41 [EST]
(Supp. No. 20, 9-23)

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.
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 Created: 2023-09-15 10:10:41 [EST]
(Supp. No. 20, 9-23)

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, 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-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 Created: 2023-09-15 10:10:41 [EST]
(Supp. No. 20, 9-23)

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 freestanding, 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. 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, Created: 2023-09-15 10:10:41 [EST]
(Supp. No. 20, 9-23)

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 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.

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.

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(Supp. No. 20, 9-23)

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-ofway 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 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.

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(Supp. No. 20, 9-23)

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.

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 Second unit housingAccessory Dwelling Units.

A. A. Purpose. This section establishes development and operations standards for accessory dwelling units and establishes a ministerial review process for the approval of 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.

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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.
(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 Title 17 - ZONING
Chapter 17.60 GENERAL PROVISIONS AND EXCEPTIONS
Kingsburg, California, Code of Ordinances Created: 2023-09-15 10:10:41 [EST] (Supp. No. 20, 9-23)

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.
(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 single-family 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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Chapter 17.60 GENERAL PROVISIONS AND EXCEPTIONS
Kingsburg, California, Code of Ordinances Created: 2023-09-15 10:10:41 [EST] (Supp. No. 20, 9-23)

(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, 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.

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(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.
(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.

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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 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.

Application. This section provides standards by which the city shall administratively process applications for the siting and construction of a second housing unit to be attached to or detached from an existing one-family residence located in either the UR, RA, R or RM zoning districts.

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 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:

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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. 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:

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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.

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.

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(Supp. No. 20, 9-23)

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 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.

Created: 2023-09-15 10:10:41 [EST]
(Supp. No. 20, 9-23)

TABLE 17.58.A

DENSITY BONUS BY BASE DENSITY AFFORDABLE UNIT PERCENTAGE 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
21 38.75 16 26 35
22 42.5 17 27
Created: 2023-09-15 10:10:41 [EST]
(Supp. No. 20, 9-23)

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
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
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
Created: 2023-09-15 10:10:41 [EST]
(Supp. No. 20, 9-23)

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
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 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:

Created: 2023-09-15 10:10:41 [EST]
(Supp. No. 20, 9-23)

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

4. Two (2) incentives or concessions for projects that include at least twentyseventeen (2017) 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 thirtytwenty-five (3025) 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 forty-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. FourFive (45) 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 Created: 2023-09-15 10:10:41 [EST]
(Supp. No. 20, 9-23)

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

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 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 Created: 2023-09-15 10:10:41 [EST]
(Supp. No. 20, 9-23)

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 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 Created: 2023-09-15 10:10:41 [EST]
(Supp. No. 20, 9-23)

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.

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.

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(Supp. No. 20, 9-23)

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.).

B. Development Standards. All second housing units shall meet the following standards unless the special circumstances cited in subsection C apply:

1. Maximum Floor Area. A second housing unit which is detached from the existing residence shall not exceed one thousand two hundred (1,200) square feet of floor area. The area of a second housing unit which is attached to an existing residence shall not exceed thirty percent (30%) of the existing residence. In either case, the second unit shall not, in combination with the existing structures, exceed the maximum site area coverage prescribed by this section for residential sites within the zoning district involved.

2. Location. A second housing unit shall be located either to the side or to the rear of the existing one-family dwelling unit, and shall be either attached to the existing dwelling, or be separated from it by not less than ten (10) feet.

3. Access. Doorway access shall be provided either to the side or rear of the second housing unit. Direct doorway access to the front yard is prohibited. Access to a second housing unit from the street side yard of a corner lot is prohibited.

4. Owner Occupancy. Either the existing one-family residence or the second unit shall be occupied by the owner of the property.

5. Off-Street Parking. In addition to the off-street parking spaces required for the existing dwelling, one covered parking space must be provided for a second unit with fewer than two bedrooms; two off-street parking spaces, one of them covered, must be provided for a second unit with two or more bedrooms.

6. Utility Service and Kitchen Facilities. A second housing unit shall be provided with adequate water, sewer and other utilities, and full kitchen facilities including range, oven, sink and refrigerator, as determined by the city building official.

7. Visual Appearance. If it is attached, a second housing unit shall be constructed with roofing and siding materials and colors that match the existing one-family dwelling and be designed to blend in with the appearance of the existing dwelling. If it is detached, a second housing unit shall resemble or complement the existing dwelling in terms of height, materials and color.

8. Mobilehomes or Manufactured Housing. Mobilehomes or manufactured housing on permanent foundations shall be permitted as a second housing unit within the intent of this section.

9. Compliance with Other Regulations. Notwithstanding the above standards, each second housing units established under this section shall meet all of the requirements of the applicable UR, RA, R or RM zoning districts as to: fences; walls; hedges; site area; frontage; width and depth of site; coverage; yard requirements; height of structures; distance between structures; signs; and general provisions and exceptions.

Created: 2023-09-15 10:10:41 [EST]
(Supp. No. 20, 9-23)

C. Special Circumstances. If an existing single-family dwelling located toward the rear of a parcel can meet all of the second unit development standards of subsection B except those that refer to sequence of construction, that dwelling can be designated as a second unit for the purposes of this section. If such a second-unit house is the only dwelling on the parcel, a new house can be built in front of that existing dwelling in conformance with all provisions of the applicable zoning district. The new house may exceed one thousand two hundred (1,200) square feet of area provided it conforms to setback and building separation regulations, and all structures combined do not exceed coverage limitations. (Ord. 2005-03 § 1, 2005: Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982) Chapter 17.60 GENERAL PROVISIONS AND EXCEPTIONS

17.60.010 Addition of permitted uses.

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)
Created: 2023-09-15 10:10:41 [EST]
(Supp. No. 20, 9-23)

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 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)
Created: 2023-09-15 10:10:41 [EST]
(Supp. No. 20, 9-23)

17.60.060 Through lots.

A front yard shall be provided on each frontage of a through lot, except where a waiver-of-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.

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 Created: 2023-09-15 10:10:41 [EST]
(Supp. No. 20, 9-23)

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.

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 non-conforming 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 nonconforming, 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 non-conforming 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 nonconforming 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.

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 non-conforming 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 non-conforming 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 Created: 2023-09-15 10:10:41 [EST]
(Supp. No. 20, 9-23)

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.

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 non-conforming 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 non-conforming 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 nonconforming 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.

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 Created: 2023-09-15 10:10:41 [EST]
(Supp. No. 20, 9-23)

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 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:

Created: 2023-09-15 10:10:41 [EST]
(Supp. No. 20, 9-23)

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; 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 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 Created: 2023-09-15 10:10:41 [EST]
(Supp. No. 20, 9-23)

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.

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 Created: 2023-09-15 10:10:41 [EST]
(Supp. No. 20, 9-23)

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 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.

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)
Created: 2023-09-15 10:10:41 [EST]
(Supp. No. 20, 9-23)

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.

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.

Created: 2023-09-15 10:10:41 [EST]
(Supp. No. 20, 9-23)

(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 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.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
Title 17 - ZONING
Chapter 17.68 PERMITS FOR CONDITIONAL USE
Kingsburg, California, Code of Ordinances Created: 2023-09-15 10:10:41 [EST] (Supp. No. 20, 9-23)

Chapter 17.68 PERMITS FOR CONDITIONAL USE2

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 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.
2Editor's note(s)—Ord. No. 2012-02, § 2, adopted Mar. 7, 2012, deleted the former Ch. 17.68, §§ 17.68.010—

17.68.180, and enacted a new Ch. 17.68 as set out herein. The former Ch. 17.68 pertained to permits for conditional use and derived from Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982.

Created: 2023-09-15 10:10:41 [EST]
(Supp. No. 20, 9-23)

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 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)
Created: 2023-09-15 10:10:41 [EST]
(Supp. No. 20, 9-23)

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.

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 of the use Created: 2023-09-15 10:10:41 [EST]
(Supp. No. 20, 9-23)

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 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.

Created: 2023-09-15 10:10:41 [EST]
(Supp. No. 20, 9-23)

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)

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 REVIEW3

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;
3Editor's note(s)—Ord. No. 2012-02, § 2, adopted Mar. 7, 2012, deleted the former Ch. 17.72, §§ 17.72.010—

17.72.140, and enacted a new Ch. 17.72 as set out herein. The former Ch. 17.72 pertained to site plan reviews and derived from Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982.

Created: 2023-09-15 10:10:41 [EST]
(Supp. No. 20, 9-23)

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.

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-Kingsburg-Fowler 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)twelve (12) full size copies of a site plan, drawn to scale, and one electronic copy reduced to dimensions of 8-1/2" × 11" or 11" × 17", 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;
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; Created: 2023-09-15 10:10:42 [EST]
(Supp. No. 20, 9-23)

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;

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.

Created: 2023-09-15 10:10:42 [EST]
(Supp. No. 20, 9-23)

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:

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)
Created: 2023-09-15 10:10:42 [EST]
(Supp. No. 20, 9-23)

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:

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, 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 Created: 2023-09-15 10:10:42 [EST]
(Supp. No. 20, 9-23)

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)

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 commission before expiration of the initial one year approval. (Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
Created: 2023-09-15 10:10:42 [EST]
(Supp. No. 20, 9-23)

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 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.

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 Created: 2023-09-15 10:10:42 [EST]
(Supp. No. 20, 9-23)

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 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 multi-family 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. On-street 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
Created: 2023-09-15 10:10:42 [EST]
(Supp. No. 20, 9-23)

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 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 single-family residential and schools. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.76.040 Site area.

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.

Created: 2023-09-15 10:10:42 [EST]
(Supp. No. 20, 9-23)

(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, offstreet 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, 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.

Created: 2023-09-15 10:10:42 [EST]
(Supp. No. 20, 9-23)

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.

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 off-street 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.

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)
Created: 2023-09-15 10:10:42 [EST]
(Supp. No. 20, 9-23)

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 REVIEW4

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 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)
4Editor's note(s)—Ord. No. 2012-02, § 2, adopted Mar. 7, 2012, deleted the former Ch. 17.80, §§ 17.80.010—

17.80.040, and enacted a new Ch. 17.80 as set out herein. The former Ch. 17.80 pertained to architectural design review and derived from Ord. No. 2010-01, § 1, 7-7-2010.

Created: 2023-09-15 10:10:42 [EST]
(Supp. No. 20, 9-23)