17.80.020 Swedish design standards.
The city council is empowered to adopt by resolution Swedish Village Design Standards and Guidelines, which contains specific criteria and guidelines for review of applications for new construction and exterior remodels within the Level 1 and Level 2 areas described in Section 17.80.010 and in accordance with Section
17.80.030. The city council may amend these standards from time to time, by resolution. (Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.80.030 Architectural design review.
As part of the site plan review process, any project located within a Level 1 or Level 2 area as described in Section 17.80.010, shall be reviewed for compliance with the Swedish Village Design Standards and Guidelines as follows:
Level 1. All new construction and exterior remodeling shall conform to the Swedish Village Design Standards and Guidelines as adopted by the city council.
Level 2.
A. The project applicant shall make a good faith effort to conform new construction and exterior remodeling to the traditional and historic theme of the Swedish Village Design Standards and Guidelines with emphasis on the use of wood or wood in combination with brick, stone or stucco masonry, in the design of exterior walls.
B. Taking into consideration the type and size of the project, the project applicant shall make good faith efforts to incorporate as many Level 1 intensity elements as possible, including, without limitation, flower boxes, planers, awnings, mullion windows, use of brick or stone, and emulation of halftimbering, and/or such additional decorative features as window shutters, Dala horses, banners, Swedish and American flags, and other items with a Swedish theme. (Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.80.040 Drawings to be submitted.
Projects subject to architectural review are required to submit an application to the planning department.
Applications should be submitted concurrent with site plan review applications, if applicable.
Included in the project application package submitted to the planning department shall be architectural drawings or sketches, drawn to scale, showing all elevations of the proposed structures as they will appear upon completion of construction. All exterior surfacing materials and colors shall be specified. Scale drawings of all signs shall be submitted showing size, location, material, colors and illumination (if any). (Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.80.050 Referral and action.
A. The planning department shall review all project application drawings subject to review within fifteen (15) days after the project application is deemed complete by the city.
B. The planning department shall determine whether the project complies with the Swedish Village Design Standards and Guidelines and either approve, approve with conditions ensuring compliance, or deny the architectural review.
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(Supp. No. 20, 9-23)
C. For projects requiring subsequent approvals by the planning commission and/or city council, the planning department determination shall be included in the reports to the planning commission or city council. (Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.80.060 Appeals to planning commission.
A. Within ten (10) calendar days after the date of decision on an architectural review application by the planning department, the decision may be appealed to the planning commission by the applicant or any other interested party. An appeal shall be filed with the planning department. The appeal shall specifically identify the error or abuse of discretion by the planning department or other reasons for the appeal.
B. The appeal shall be placed on the agenda of the planning commission's next regular meeting after expiration of the ten-day appeal period. The planning commission shall approve, approve with conditions, or disapprove a project based on the findings set forth in Section 17.72.050 of this title. The decision of the planning commission shall be final unless appealed to the city council pursuant to Section 17.04.090 of this title.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
Chapter 17.84 VARIANCES5
17.84.010 Purposes.
The planning commission is empowered to grant variances only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. The power to grant variances does not extend to use regulations, because the flexibility necessary to avoid results inconsistent with the objectives of the zoning title is provided by the conditional use, planned unit development and amendment provisions of this title. (Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.84.020 Authority of the planning commission.
The planning commission may grant variances to the regulations prescribed by this title only with respect to size, shape, topography, location or surroundings, and including fences and walls, site areas, coverage, yards, height of and distances between structures, off-street parking facilities and off-street loading facilities. (Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
5Editor's note(s)—Ord. No. 2012-02, § 2, adopted Mar. 7, 2012, deleted the former Ch. 17.84, §§ 17.84.010—
17.84.120, and enacted a new Ch. 17.84 as set out herein. The former Ch. 17.84 pertained to variances and derived from Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982.
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(Supp. No. 20, 9-23)
17.84.030 Application and fee.
A. Application for a variance shall be made to the planning department on a form prescribed by the department which shall include the following data:
1. Name and address of applicant.
2. Statement that the applicant is the owner of the property or is the authorized agent of the owner or the plaintiff in an action of eminent domain to acquire the property involved.
3. Address or description of property.
4. Statement of the precise nature of the variance requested and why approval is necessary under the purposes described in Section 17.84.010, together with any other data pertinent to the findings prerequisite to the granting of variance prescribed in Section 17.84.060.
B. The application shall be accompanied by a drawing of the site and any adjacent property affected, showing all existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off-street parking and off-street loading facilities and landscaped areas.
C. The application shall be accompanied by a fee set by resolution of the city council sufficient to cover the cost of processing the application.
D. The secretary of the planning commission shall give notice to the applicant of the time when the application will be considered, and mayshall give notice of the time to any other interested party. (Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.84.040 Hearing and notice.
The planning commission shall give notice and hold a public hearing on each application for a variance.
Notice of the public hearing shall be given not less than ten (10) days prior to the date of the hearing by (1) mailing a notice of the time and place of the hearing to all property owners within three hundred (300) feet of the area occupied by the proposed use; and by (2) publishing a notice at least once in a newspaper of general circulation in the city.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.84.050 Public hearing—Procedure.
At a public hearing, the commission shall review the application and the statements and drawings submitted therewith and shall receive pertinent evidence concerning the variance, particularly with respect to the findings prescribed in Section 17.84.060.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.84.060 Action of the planning commission.
A. The commission shall act on the application within thirty (30) days after the close of the public hearing. The commission may grant a variance to regulations prescribed by this title, as the variance was applied for or in modified form, if, on the basis of the application, investigation and evidence submitted, the commission makes the following findings:
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(Supp. No. 20, 9-23)
1. That there are special circumstances or conditions applicable to the property involved, such that strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zoning district.
2. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the vicinity and in the same zoning district.
The commission may grant a variance with respect to off-street parking or loading requirements as the variance was applied for or in modified form if the commission makes the following additional findings:
3. That neither present nor anticipated future traffic volumes generated by the use of the site or the uses of sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specified regulation.
4. That the granting of the variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets.
5. That the variance will not create a safety hazard or any other condition inconsistent with the objectives of the zoning title.
B. Notwithstanding the provisions of subsection A. of this section, the commission may grant a variance with respect to off-street parking for non-residential development in order that some or all of the required parking spaces can be located offsite, including locations outside of the city limits, or that in-lieu fees or facilities be provided instead of the required parking spaces, if both of the following conditions are met:
1. The variance will be an incentive to, and a benefit for the non-residential development.
2. The variance will facilitate access to the non-residential development by patrons of public transit facilities.
C. In approving a variance, the commission shall add such conditions of approval as it deems necessary to assure that the variance adjustment shall not constitute a grant of special privilege as described under subsection A. of this section.
D. A variance may be revocable, may be granted for a limited time period, or may be granted subject to such conditions as the commission may prescribe. The commission may deny a variance application.
E. A variance shall become effective ten (10) calendar days following the date on which the variance was granted by the commission unless an appeal is filed with the city council. The first day being the day following the approval.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.84.070 Appeal to city council.
The decision of the planning commission on a variance shall be subject to the appeal provisions of Section
17.04.090 of this title.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.84.080 Building permit.
Before a building permit shall be issued for any building or structure proposed as part of the approved variance application, the planning director shall determine that the proposed building location, facilities and improvements are in conformity with the site plan and conditions approved by the planning commission.
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(Supp. No. 20, 9-23)
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.84.090 Lapse of variance.
A variance shall lapse and shall become void one year following the date on which the variance becomes effective unless by condition of the variance a greater time is allowed, or unless prior to the expiration of one year, a building permit is issued by the building official and construction is commenced and diligently pursued toward completion on a site which was the subject of the variance application. A variance may be renewed for an additional one year, provided that prior to the expiration of one year from the date when the variance originally became effective, a request for renewal of the variance is made in writing to the planning commission. The commission may grant or deny a request for renewal of a variance. (Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.84.100 Revocation.
Upon violation of any applicable provisions of this chapter, or the violation of failure to complete or satisfy any of the provisions of an approved variance, including without limitation, compliance or satisfaction of any variance conditions of approval, a variance shall automatically be suspended. Notice of such suspension shall be sent to the person or persons responsible for non-compliance by the planning department. Within thirty (30) days after the suspension, the planning commission shall consider the suspension, if the violation or failure to satisfy a condition has not been cured, the planning commission may revoke the variance approval or take such other action as may be necessary to ensure compliance with the regulation, general provision, condition or conditions. (Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.84.110 New application.
Following the denial of a variance application or the revocation of a variance, no application for the same or substantially the same variance on the same or substantially the same site shall be filed within six months of the date of denial of the variance application or revocation of the variance. (Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
Chapter 17.85 MINOR DEVIATIONS
17.85.010 Purpose.
The purpose of this chapter is to provide a mechanism whereby the planning director/head building official can grant minor deviations from zone district regulations. A minor deviation may be granted up to a ten percent (10%) deviation from the zone district regulations and setback distances. Any minor deviation that exceeds the ten percent (10%) deviation stated above shall be processed as a variance consistent with the provisions in Chapter
17.84, Variances.
Minor deviations shall only be granted when practical difficulties, unnecessary hardships and conditions, inconsistent with the purpose and objectives of this Title 17, result from the strict application of certain provisions of this Title 17. The granting of a minor deviation and its associated conditions shall not constitute a special privilege inconsistent with the limitations on other properties in vicinity and in other zone districts in Kingsburg. (Ord. No. 2017-002, § 2(Exh. A), 5-17-2017)
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(Supp. No. 20, 9-23)
17.85.020 Applicability.
The planning director/head building official may grant a ten percent (10%) minor deviation from zone district regulations, including setbacks, lot dimensions, height of structures and fences, walls and hedges, lot coverage, parking standards and sign regulations.
(Ord. No. 2017-002, § 2(Exh. A), 5-17-2017)
17.85.030 Application and Fee.
An application for a minor deviation shall be made to the planning department on a form prescribed by the planning department. A processing fee set by resolution of the city council shall accompany the application. (Ord. No. 2017-002, § 2(Exh. A), 5-17-2017)
17.85.040 Report and Findings.
The planning director/head building official shall prepare a report on the minor deviation application and shall make the following findings with regard to a minor deviation.
A. There are special circumstances applicable to the property, including, without limitation, size, shape, topography, location, surroundings, or unclear property lines, where the strict application of this Title 17 deprives such property a right possessed by other property in the same vicinity or other properties that have the same zone district classification;
B. That granting a minor deviation is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity or other properties that have the same zone district classification;
C. That granting the minor deviation will not be materially detrimental to the public health, safety or welfare, or injurious to the property or improvements in the vicinity and zone district in which the property is located; and
D. That granting the minor deviation does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and zone district in which the property is located. (Ord. No. 2017-002, § 2(Exh. A), 5-17-2017)
17.85.050 Action of the Planning Director/Head Building Official.
The planning director or head building official shall process minor deviations as an administrative action.
Following a review of a minor deviation application and the findings listed above, the planning director/head building official shall issue a written decision on the minor deviation. The written decision will either approve, approve with conditions or deny the application for minor deviation based on the findings listed above. The written decision will be signed and dated by the planning director/head building official, and mailed to the applicant. The decision of the planning director/head building official shall be final unless appealed to the planning commission within ten (10) days after the date the written decision is mailed to the applicant. The planning commission will be notified of all minor deviations granted by the planning director/head building official. (Ord. No. 2017-002, § 2(Exh. A), 5-17-2017)
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(Supp. No. 20, 9-23)
17.85.060 Conditions.
The planning director/head building official can approve a minor deviation subject to conditions. Conditions will assure that the approved minor deviation shall not constitute a grant of a special privilege inconsistent with the limitations upon other properties in the vicinity and zone district in which such property is situated. (Ord. No. 2017-002, § 2(Exh. A), 5-17-2017)
Chapter 17.86 ADULT ENTERTAINMENT ESTABLISHMENTS
17.86.010 Title.
This chapter shall be titled "Adult Entertainment Establishments." (Ord. No. 2009-04, § 1, 3-4-09)
17.86.020 Purpose and intent.
(a) It is the purpose of this chapter to establish reasonable and uniform regulations to prevent the concentration of adult entertainment establishments, as defined herein, within the city. (b) It is the intent of this chapter that these regulations be utilized to prevent problems of blight and deterioration which accompany and are brought about by the concentration of adult entertainment establishments.
(Ord. No. 2009-04, § 1, 3-4-09)
17.86.030 Definitions.
(a) It is the purpose of this section to provide clear and concise definitions of those words, terms and phrases most commonly used in the provisions of this chapter in order to assist in the uniform interpretation of said provisions and to ensure uniformity in their application. (b) It is intended that the following words, terms and phrases, whenever used in this chapter, shall be construed as defined in the following subsections, unless from the context, a different meaning is specifically defined and more particularly directed to the use of such words, terms and phrases.
Adult bookstore is an establishment that devotes more than ten percent (10%) of the total display, shelf, rack, table, stand or floor area of the premises to the display for sale, rent or display of merchandise, books, magazines, periodicals or other printed matter, photographs, films, motion pictures, video cassettes, slides, tapes, records, DVDs, CD-ROMs, or other forms of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas or instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
Adult cabaret is any nightclub, bar, restaurant, or other similar establishment that regularly features live performances or features films, motion pictures, video cassettes, DVDs, CD-ROMs, slides or other photographic reproductions that are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas for observation by patrons.
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(Supp. No. 20, 9-23)
Adult drive-in theater means an open lot or part thereof, devoted primarily to the presentation of live performances, motion pictures, films, theatrical productions or other forms of visual productions, to persons in motor vehicles or on outdoor seating, where the material being presented is distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
Adult mini-motion picture theater is an establishment, with a capacity of more than five but less than fifty (50) persons, where films, motion pictures, video cassettes, DVDs, CD-ROMs, slides or similar photographic reproductions are shown and where the material shown is distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
Adult model studio is any establishment open to the public where figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. This provision shall not apply to any school of art which is operated by an individual, firm, association, partnership, corporation, or institution that is authorized under the California Education Code to issue or confer a diploma.
Adult motel is a motel or similar establishment offering public accommodations which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, DVDs, CD-ROMs or other photographic reproductions distinguished or characterized by an emphasis upon the depiction or description specified sexual activities or specified anatomical areas.
Adult motion picture arcade (peep show) is any place where coin- or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are available for observation to show images and the images so shown or displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
Adult motion picture theater is an establishment with a seating capacity of fifty (50) or more persons where films, motion pictures, video cassettes, DVDs, CD-ROMs, slides or similar photographic reproductions are shown and where the material is distinguished or characterized by an emphasis upon the depiction or description to specified sexual activities or specified anatomical areas.
Adult theater is any theater, concert hall, auditorium, or similar business either indoor or outdoor, which regularly features live performances that are distinguished or characterized by an emphasis on specified sexual activities or exposure of specified anatomical areas.
Adult video cassette, DVD and CD-ROM sales and rental has the same meaning as "adult bookstore." Adult video games are coin-operated or electronic game machines having visual displays and animation that depict in any manner any sort of activity characterized by emphasis upon depiction or description of specified anatomical areas or specified sexual activities.
Body painting studio is an establishment or business which provides the service of applying paint or other substance, whether transparent or nontransparent, to or on specified anatomical areas.
Establishing an adult entertainment business as used in this chapter, means and includes the opening or commencement of any such business as a new business; the conversion of an existing business, whether or not an adult entertainment business, to any of the adult entertainment businesses defined in this chapter; the addition of any of the adult entertainment businesses defined herein to any other existing adult entertainment business; or the relocation of any adult entertainment business.
General bookstore is an establishment engaged in the buying, selling and/or trading of new and/or used books, manuscripts, and periodicals of general interest. A general bookstore does not include an establishment that is encompassed by the definition of adult bookstore.
General motion picture theater is a building or part of a building intended to be used for the specific purposes of presenting entertainment as defined in this chapter, or displaying motion pictures, DVDs, CD-ROMs, slides or closed circuit television pictures before an individual or assemblage of persons whether such assemblage Created: 2023-09-15 10:10:42 [EST]
(Supp. No. 20, 9-23)
be of a public, restricted or private nature, except a private home provided, however, that any such presentations are not distinguished or characterized by an emphasis on the depiction or description to specified sexual activities or specified anatomical areas but such depiction or description is only incidental to the plot or story line.
Headshop is an establishment or place where more than fifteen percent (15%) of the floor area in any room is used for the sale and display of such paraphernalia and literature commonly associated with the use of narcotics and controlled substances, including, but not limited to cocaine; and sniffing kits; glass mirrors for cutting narcotics or controlled substances; snorting spoons and tubes; strainers to sift narcotics or controlled substances; water pipes (bongs); everyday items with special removable tops that have been converted to conceal narcotics and drugs, including beer cans, oil cans and plastic photographic film vials; roach clips (for holding marijuana cigarettes); books and magazines extolling the use of narcotics or controlled substances. Such a place is an adult entertainment establishment. This definition does not limit licensed pharmacies in selling and displaying medicinal equipment prescribed by licensed medical practitioners.
Legitimate or live theater is a theater, concert hall, auditorium or similar establishment which regularly features live performances which are not distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas in that any such depiction or description is only incidental to the primary purpose of the performance.
Massage parlor is an establishment and any appurtenant facilities that are primarily where massage, alcohol rub, fomentation, body scrub, body shampoo, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless the treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist, or similar professional person licensed by the State of California. This definition does not include an athletic club, health club, pool, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
Outcall entertainment business means any person who, for a fee, commission, hire, reward or profit, furnishes or offers to furnish an outcall entertainer, as defined in this section, for any individual or group at a location other than a fixed business establishment identified in section 17.86.040. Outcall entertainment business includes businesses that provide outcall entertainers such as lingerie models and strippers.
Outcall entertainer includes strippers for bachelor and bachelorette parties, lingerie models, and other similar entertainers or any person who entertains while nude or whose performance is distinguished or characterized by an emphasis upon the display of specific anatomical areas or specified sexual activities.
Public park is a publicly owned area that is designated by the city as a park.
Private viewing room is an area separated from the sales display area of an establishment by a curtain, wall, door, shade or similar obstruction thus allowing the private viewing by customers of the establishment of video tapes, movies, DVDs, CD-ROMs, transparencies, films or projectable motion picture the content of which is distinguished or characterized by an emphasis on depicting or describing specific sexual activities or specified anatomical areas.
Religious institution is any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.
School is an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code and which is maintained pursuant to standards set by the state board of education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school, or any special institution of learning under the jurisdiction of the state department of education, but it does not include a vocation or professional institution or an institution of higher education, including a community college.
Sexual encounter establishment is an establishment, other than a hotel, motel or similar establishment offering public accommodations, which provides a place where two or more persons may congregate, associate, or Created: 2023-09-15 10:10:42 [EST]
(Supp. No. 20, 9-23)
consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the State of California engages in sexual therapy. Sexual encounter establishment shall include massage parlor and other similar establishments.
Social service institution is an organization engaged in activities that promote social welfare, including philanthropic assistance to the sick or needy.
Specified anatomical areas means and includes less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae, or human male genitals in a discernible turgid state, even if completely and opaquely covered.
Specified sexual activities means and includes any fondling or other touching of human genitals, pubic region, buttocks, anus or female breasts; sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; masturbation, actual or simulated; or excretory functions as part of or in connection with any of the activities set forth in this subsection.
Transfer of ownership or control, as used in this chapter, means and includes the sale, lease or sublease of an adult entertainment business; the transfer of securities, membership or partnership interests or other type of ownership interest which constitute a controlling interest in such business, whether by sale, exchange or similar means; or the establishment of a trust, gift or other similar legal device which transfers the ownership or control of such business, except for transfer by bequest or other operation of law upon the death of the person possessing such ownership or control.
(Ord. No. 2009-04, § 1, 3-4-09)
17.86.040 Prohibitions.
(a) No person or entity shall own, establish, operate, control or enlarge, or cause or permit the establishment, operation, enlargement or transfer of ownership or control of any of the following adult entertainment establishments unless such adult entertainment establishment is located more than five hundred (500) feet from another adult entertainment establishment and more than one thousand (1,000) feet from any religious institution, school, public park, social service institution, or any residentially zoned property located within the city measured from property lines:
1. Adult bookstore;
2. Adult cabaret;
3. Adult drive-in theater;
4. Adult mini-motion picture arcade (peep show);
5. Adult mini-motion picture theater;
6. Adult model studio;
7. Adult motel;
8. Adult motion picture arcade (peep show);
9. Adult theater;
10. Adult video cassette and DVD sales and rentals;
11. Adult video games;
12. Body painting studio;
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(Supp. No. 20, 9-23)
13. Headshop;
14. Massage parlor;
15. Outcall entertainment business;
16. Sexual encounter establishment; or
17. Any other business which involves specified sexual activities or display of specified anatomical areas. (b) An establishment listed in subsection (a) of this section shall not be established, operated, enlarged or transferred unless the zone district in which the site or proposed site is located permits such a use. The conduct of such establishment and the use of premises shall otherwise comply with all applicable federal, state, county and city laws, ordinances, rules and regulations. (c) All adult entertainment establishments as listed in subsection (a) of this section shall only be permitted within any Light Industrial zone district in the city provided the minimum distance requirements as set forth in subsection (a) of this section are met and upon the prior issuance by the city of a conditional use permit in accordance with the provisions of chapter 17.68 of the Kingsburg Municipal Code. (Ord. No. 2009-04, § 1, 3-4-09)
17.86.050 Measure of distance.
The required minimum distance between any two adult entertainment businesses shall be measured in a straight line, without regard to intervening structures, from the closest property line of each such business. The distance between any adult entertainment business and any religious institution, school, public park, social service institution, or residentially zoned land shall be measured in a straight line without regard to intervening structures, from the closest property line of the adult entertainment business to the closest property line of the religious institution, school, public park, social service institution, or residential zone. (Ord. No. 2009-04, § 1, 3-4-09)
17.86.060 Development and maintenance standards.
To further accomplish the purpose of this chapter, all adult entertainment businesses shall comply with the following:
(a) Signs. In addition to the requirements of Section 17.56.050 of Chapter 17.56 of Title 17 of the Kingsburg Municipal Code, all signs shall be subject to the following regulations:
1. Each adult entertainment business shall be allowed one permanent sign, the area of which shall not exceed two hundred (200) square feet;
2. Temporary advertising signs are not permitted;
3. Except for theater signs, changeable copy signs are not permitted; and
4. No sign shall depict or describe any specified anatomical areas or specified sexual activities. (b) Exterior painting. Buildings and structures shall be painted or surfaced with colors or textures that are similar to neighboring buildings or structures as determined by the city planning department. Buildings and structures shall not be painted or surfaced with any design that would simulate a sign or advertising message.
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(Supp. No. 20, 9-23)
(c) [Interior material.] Advertisements, displays of merchandise, signs or any other exhibit depicting adult entertainment activities placed within the interior of buildings or premises shall be arranged or screened to prevent public viewing from outside such buildings or premises. (d) [Outdoor sound equipment.] Outdoor loudspeakers or other outdoor sound equipment advertising or directing attention to an adult entertainment are prohibited. (e) [Alcohol consumption.] No consumption of alcohol shall be allowed in conjunction with, or on the premises of, any adult entertainment establishment.
(Ord. No. 2009-04, § 1, 3-4-09)
17.86.070 Application.
Notwithstanding any other provision of the Kingsburg Municipal Code to the contrary, the provisions of this chapter shall be applicable to all land within the city, including all redevelopment project areas now in existence or hereafter established.
(Ord. No. 2009-04, § 1, 3-4-09)
17.86.080 Other regulations, permits or licenses.
The provisions of this chapter do not waive or modify any other provision of this Code. (Ord. No. 2009-04, § 1, 3-4-09)
17.86.090 Protection of persons under the age of 21.
The operation of adult entertainment establishments shall specifically prohibit the admission of persons under the age of twenty-one (21).
(Ord. No. 2009-04, § 1, 3-4-09)
17.86.100 Private viewing rooms.
It is unlawful for any person or entity which is subject to the regulations of this chapter, and which sells or rents prerecorded video tapes, movies, transparencies, films, DVDs, CD-ROMs, projectable motion pictures or equipment used for showing any or all of these items, to offer or allow the viewing of these materials in private viewing rooms, as defined in section 17.86.040.
(Ord. No. 2009-04, § 1, 3-4-09)
17.86.110 Regulations governing existing adult entertainment establishments.
An adult entertainment establishment hereinafter permitted and legally operating as a conforming use is not rendered a nonconforming use by the location of a religious institution, school, public park, social service institution or a residential (including office residential) zone within one thousand (1,000) feet of the adult entertainment establishment. This provision does not apply after a conditional use permit has expired, been suspended or revoked.
(Ord. No. 2009-04, § 1, 3-4-09)
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(Supp. No. 20, 9-23)
17.86.120 Enforcement.
The provisions of this chapter shall be enforced in accordance with the applicable provisions of the Kingsburg Municipal Code.
(Ord. No. 2009-04, § 1, 3-4-09)
Chapter 17.88 AMENDMENTS
17.88.010 Purpose.
As the Kingsburg general plan is carried out over the years, there will be a need for changes in district boundaries and other regulations of this title. As the general plan is reviewed and revised periodically, other changes in the regulations of this code may be warranted. Such amendments shall be made in accordance with the procedure prescribed in this chapter.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.88.020 Initiation.
A. A change in the boundaries of any district may be initiated by the owner of the property within the area for which a change of district is proposed, or the authorized agent of the owner, as prescribed in Section
17.88.030, provided, however, that the city may not accept an application for an amendment which is not consistent with the general plan.
B. A change in boundaries of any district, or a change in a district regulation, off-street parking or loading facilities requirement, general provision, exception or other provision may be initiated by action of the planning commission, or by action of the city council in the form of a request to the commission that it consider a proposed change, provided that in either case the procedure prescribed in Sections 17.88.040,
17.88.080 and 17.88.110 shall be followed.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.88.030 Application and fee.
A. A property owner or his/her authorized agent desiring to propose a change in the boundaries of the district in which his/her property is located, may file an application with the planning department for a change of district boundaries on a form prescribed by the department, which shall include the following information:
1. Name and address of the applicant.
2. Statement that the applicant is the owner of the property for which the change in district boundaries is proposed or the authorized agent of the owner, or the plaintiff in an action of eminent domain to acquire the property involved.
3. Address and description of the property.
B. The application shall be accompanied by a drawing of the site and the surrounding area for a distance of at least three hundred (300) feet from each boundary of the site, showing the location of streets and property lines and the names and last known addresses of the recorded legal owners of all properties shown on the Created: 2023-09-15 10:10:43 [EST]
(Supp. No. 20, 9-23)
drawing, as shown on the latest adopted tax roll of the County of Fresno San Joaquin. Assessor's maps may be used for this purpose.
C. The application shall be accompanied by a fee set by resolution of the city council, sufficient to cover the cost of processing the application as prescribed in this chapter.
D. Amendments to this title required as the result of general plan amendments initiated by the planning commission or city council shall be processed at the expense of the city. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.88.040 Public hearing—Notice.
A. The planning commission shall hold a public hearing on each application for a change in district boundaries or of a district regulation, off-street parking or loading facilities requirement, general provision, exception or other provision of this ordinance initiated by the city council within forty-five (45) days of the date when the application was filed or the proposal was initiated.
B. Notice of a public hearing shall be given not less than ten (10) days prior to the date of the hearing by publication in at least one newspaper of general circulation within the city, which notice shall contain the date, time and place of the public hearing, the identity of the hearing body (planning commission or city council), a general explanation of the matter being considered, and a general description either in text or by diagram of the location of the real property, if any, which is the subject of the hearing.
C. Notice of a public hearing for an amendment pertaining to real property shall be given not less than ten (10) days prior to the date of the hearing in all of the following ways:
1. Publication as specified under Subsection B. of this section.
2. First class mailing, postage prepaid, at least ten (10) days prior to the hearing, a notice of the time and place of the hearing to the owner of the subject real property or the owner's duly authorized agent, and to the project applicant.
3. First class mailing, postage prepaid, a notice of the time and place of the hearing to all persons whose names appear on the property owners list submitted under Section 17.88.030.
4. First class mailing, postage prepaid, a notice of the time and place of the hearing to any person who has filed a written request, therefore, with the city council. Such request may be submitted at any time during the calendar year and shall apply to the balance of such year. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.88.050 Hearing.
A. At the public hearing, the planning commission shall review the application or the proposal and may receive pertinent evidence and testimony as to why and how the proposed change is necessary to achieve the objectives of the zoning title prescribed in Section 17.04.020, or why and how the proposed change is consistent with the general plan and the stated purposes and application intended for the zone classification proposed.
B. The commission may review proposals for the use of the property for which a change in district boundaries is proposed, or plans or drawings showing proposed structures or other improvements, in light of the fact that under the provisions of this code, a change in district boundaries cannot be made conditionally, except as provided in Section 17.88.100, and the owner of the property is bound only to comply with the regulations prescribed in this title.
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(Supp. No. 20, 9-23)
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.88.060 Investigation and report.
The planning department shall make an investigation of the application and shall prepare a report thereon, which shall be submitted to the planning commission, including a recommendation as to the action to be taken by the commission and a statement supporting such recommendation. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.88.070 Action of the planning commission.
Within forty (40) days after the completion of the public hearing, the planning commission shall make a specific finding in writing as to whether the change is required to achieve the objectives set forth in Section
17.04.020 of the zoning title, whether the change is consistent with the purposes and intended application of the zoning district affected or proposed, and that the change will be consistent with applicable provisions of the general plan. The commission shall transmit a report to the city council that the application is granted or denied, or that the proposal be adopted or rejected, including a written statement of the reasons for the recommendation, together with one copy of the complete record developed by the commission. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.88.080 Action by city council.
A. Upon receipt of the resolution and report of the planning commission, the city council shall hold a public hearing; provided, however, that if the matter under consideration is an amendment to change property from one district classification to another, and the planning commission has recommended against the adoption of the amendment, the city council need not take any further action thereon unless an interested party shall request such a hearing by filing a written appeal with the city clerk within five days after the planning commission files its recommendations with the city council.
B. Notice of the hearing shall be given in the manner provided under Section 17.88.040 of this chapter.
C. Within thirty (30) days following the close of the hearing, the city council shall make a specific finding in writing as to whether the amendment is required in order to achieve consistency with the general plan, to achieve the objectives set forth in Section 17.04.020 of the zoning title, and the stated purposes and application intended for the zone district classification proposed.
D. The city council may approve, modify or disapprove the recommendation of the planning commission; provided, however, that any modification shall first be referred to the planning commission for report and recommendation, but the commission shall not be required to hold a hearing thereon. Failure of the commission to report within forty (40) days of the reference, or such longer period as may be designated by the council, shall be deemed approval of the proposed modification.
E. If the council finds that the proposed change is required, in its original or modified form, it shall enact an ordinance amending the regulations of this title, or grant a special zoning exception as prescribed in Section
17.88.100. If the council finds that a change is not required, it shall deny the application or proposal for change.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
Created: 2023-09-15 10:10:43 [EST]
(Supp. No. 20, 9-23)
17.88.090 Relationship to environmental impact assessment and environmental impact reporting process.
An amendment to the zoning title shall be subject to the same procedures and regulations with respect to environmental assessment as are set forth for site plan review under the provisions of Section 17.72.080 of this title.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.88.100 Special zoning exceptions—Alternate procedure for action of the planning commission and city council.
Whenever an application is filed with the city for a change in district boundaries, the planning commission and city council, in lieu of granting or denying said application, may grant to the applicant a special zoning exception by resolution which will permit said applicant (or his/her assignee) to develop or use said property in accordance with said application and the provisions of this section.
A. Before a special zoning exception may be granted by the planning commission, the commission may require the applicant to submit additional information relative to the application in the manner required in the filing of an application for a conditional use permit under this title. In any event, the provisions of Sections 17.88.010 through 17.88.080 and Sections 17.88.110 and 17.88.120 shall apply in addition to the provisions of this section. In filing an application, the applicant may request that the application be considered as a request for a special zoning exception.
B. The planning commission may grant a special zoning exception subject to any of the conditions prescribed in Section 17.72.040 and in accordance with the provisions of Sections 17.68.090 through
17.68.110 and Sections 17.72.030, 17.72.040 and 17.72.050 through 17.72.090 of this title.
C. Upon being granted a special zoning exception by the city council, the applicant shall develop his/her property in accordance with approved plans and conditions imposed under the provisions of this section.
D. Upon the development and use of property in accordance with the provision of Subsection C. of this section, the district or part thereof for which the special zoning exception was granted, shall be thereon rezoned, altered, amended and established in accordance with the original application, or as set forth in the order of the city council made at the time said zoning exception was granted. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.88.110 Change of zone plan.
A change in a district boundary shall be indicated on the zone plan with a notation of the date and number of the ordinance amending the plan.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.88.120 New application.
Following the denial of an application for a change in district boundary, no application for the same or substantially the same change shall be filed within six months of the date of denial of the application.
Created: 2023-09-15 10:10:43 [EST]
(Supp. No. 20, 9-23)
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
Chapter 17.90 DEVELOPMENT AGREEMENTS
17.90.010 Purpose.
The purpose of this chapter is to provide a mechanism that assures the applicant of a development project that upon approval, the applicant may proceed with the project in accordance with existing policies, rules and regulations and conditions that were applicable at the time of project approval, and in a manner consistent with California Government Code 65864 et seq.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.90.020 Objective.
The objective of a development agreement is to strengthen the public planning process, encourage private participation in comprehensive planning, reduce the economic costs of development and promote the construction of public improvements by the private sector by providing for provisions in the agreement whereby the applicant is reimbursed over time for the financing of the public improvements. (Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.90.030 Definitions.
For the purpose of this chapter, a development agreement shall mean the following:
"Development agreement." A contract duly executed and legally binding between the City of Kingsburg and a developer(s) that delineates the terms and conditions agreed upon by two or more parties. (Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.90.040 Development agreement requirements.
To enter into a development agreement, the city shall find that:
A. A person has a legal and/or equitable interest in real property for the development of such property; and
B. The development project is consistent with the Kingsburg General Plan any applicable specific plan and the applicable provisions of this code.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.90.050 Development agreement contents.
A development agreement shall specify, among other necessary provisions as determined by the city or required by California Government Code Section 65864, et seq., the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land or facilities for pubic purposes. The development agreement may include conditions, terms, restrictions and requirements for subsequent discretionary actions, provided that such Created: 2023-09-15 10:10:43 [EST]
(Supp. No. 20, 9-23)
conditions, terms, restrictions and requirements shall not prevent development of the land for uses and to the density or intensity of development set forth in the agreement. The agreement may require that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.90.060 Application.
Should a person or entity wish to develop land pursuant to the provisions of a development agreement, the person or entity shall file an application for use of a development agreement with the planning department on a form prescribed by the planning department. The application shall be accompanied by a fee set by resolution of the city council. Also, the city may require the use of a development agreement for the development of any land within the city limits of the city.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.90.070 Hearings and notice.
The planning commission and city council shall each hold a public hearing on the adoption of a development agreement. The city shall give notice of intention to consider adoption o the development agreement. Notice of public hearing shall be given as provided in California Government Code Sections 65090 and 65901 in addition to any other notice required by law for other actions to be considered concurrently with the development agreement. The form of the public notice to consider adoption of the development agreement shall contain the time and place of the hearing; a general explanation of the matter to be considered including a general description of the area affected; and other information required by this code or applicable law or which the city considers necessary or desirable.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.90.080 Report and findings.
The planning department shall prepare a report on the request for adoption of a development agreement.
The planning department shall provide a recommendation to the planning commission and city council based on the following findings:
A. Is the project consistent with the Kingsburg General Plan and any applicable specific plan? B. Is the project in compliance with the applicable city zoning and use in the applicable zone district, all applicable development standards and specifications and other applicable laws, rules and regulations? C. The project will not be detrimental to the public health, safety and general welfare? D. The project will provide sufficient benefit to the city to justify entering into the development agreement?
E. The project will not have a significant impact on the environment? (Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
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(Supp. No. 20, 9-23)
17.90.090 Action of planning commission.
During the public hearing, the planning commission shall review the planning department's report and shall take action on the development agreement. The planning commission can approve, approve with conditions or deny the development agreement. The planning commission's action and findings shall be forwarded to the city council.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.90.100 Action of city council.
During a public hearing, the city council shall review the planning department's report and consider the planning commission's recommendation and shall take action on the development agreement. The council can approve, approve with modifications or deny the development agreement. Subsequent to a decision by the city council, the following actions shall be initiated:
If the council approves or approves with modification the development agreement, it shall initiate proceedings to adopt an ordinance. After the ordinance takes effect, the city may enter into the approved development agreement with the applicant.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.90.110 Initiation of amendment or cancellation.
A development agreement may be amended, or cancelled in whole or in part, by mutual consent of the parties to the agreement or their successors in interest. Notice of intention to amend or cancel any portion of the agreement shall be given in the manner provided by California Government Code Section 65867. An amendment to an agreement shall be subject to the he provisions of the California Government Code Section 65867.5. (Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.90.120 Recordation of development agreement.
A. Within ten (10) days after the city enters into the development agreement, the city shall have the agreement recorded with the county recorder against title to the real property upon which the development will be constructed. Unless otherwise agreed by the city, the development agreement shall be senior in title to all other liens or encumbrances of title to said real property.
B. If the parties to the development agreement or their successors in interest amend or cancel the development agreement, or if the city terminates or modifies the development agreement, the city shall have notice of such action recorded with the county recorder. (Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
17.90.130 Review of development agreement.
A. The planning department shall review the development agreement at least once every twelve (12) months after the date of the development agreement is entered into. The planning department shall report the findings to the city council. The time for review may be modified by agreement between the parties.
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(Supp. No. 20, 9-23)
B. Should the planning director find that the developer is in non-compliance or not performing consistent with the provisions of the development agreement, the director shall report this finding to the city council. The city council may terminate the development agreement consistent with Section 17.90.110 of this chapter. (Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
Chapter 17.92 ENFORCEMENT*
17.92.010 Permits, certificates and licenses.
All officials, departments and employees of the city of Kingsburg vested with the authority or duty to issue permits, certificates or licenses, shall comply with the provisions of this title and shall issue no permit, certificate or license which conflicts with the provisions of this title. Any permits, certificates or licenses issued in conflict with the provisions of this code shall be void. Before issuing a business license for any new business or for a new location for any existing business activity, the city finance director or other authorized licensing official shall obtain the approval of the building department with regard to compliance with the provisions of this title. (Amended during 5-08 supplement)
17.92.020 Duties of officials.
The planning and development director, building official, chief of police, fire chief, and public works director, or their respective designees, shall be the officials responsible for the enforcement procedures set forth in this Chapter. In the discharge of their duties, these officials shall have the right to enter on any site, or to enter any structure for the purpose of investigation and inspection, provided the right of entry shall be exercised only at reasonable hours and that, in no case shall any structure be entered in the absence of the owner or tenant without the written order of a court of competent jurisdiction. These officials may serve notice requiring the removal of any structure or use in violation of the Kingsburg Municipal Code upon the owner or his/her authorized agent, on a tenant, or on an architect, builder, contractor, or other person who commits or participates in any violation. These officials may also serve notice requiring the termination and/or cure of any other violation of the Kingsburg Municipal Code upon the violator of any provision of the Kingsburg Municipal Code. These officials may call upon the city attorney to institute the necessary legal proceedings to enforce the provisions of the Kingsburg Municipal Code and the city attorney is hereby authorized to institute appropriate actions to that end. (Amended during 5-08 supplement)
(Ord. No. 2010-02, § 8, 7-21-2010)
17.92.021 Abatement.
Whenever the planning and development director, the building official, the chief of police, the fire chief, the public works director, or their respective designees (collectively "code enforcement officer") has inspected or determines that conditions constituting a violation of the Kingsburg Municipal Code and/or if a public nuisance exists, the code enforcement officer may use the procedures set forth in this Chapter for the abatement, termination and/or cure of such violation or nuisance.
(Amended during 5-08 supplement)
(Ord. No. 2009-02, § 1, 2009; Ord. No. 2010-02, § 9, 7-21-2010) Created: 2023-09-15 10:10:43 [EST]
(Supp. No. 20, 9-23)
17.92.030 Violations—Penalties.
A. Except as otherwise provided in Section 1.20.010B of Chapter 1.20 of Title 1 of the Kingsburg Municipal Code, any person, firm, corporation, or organization violating any provision of the Kingsburg Municipal Code shall be guilty of an infraction. A person, firm, corporation, or organization shall be deemed guilty of a separate offense for each and every day a violation is committed and continues to exist.
B. Any violations of the Kingsburg Municipal Code shall be and are hereby declared to be unlawful and a public nuisance. The city attorney is authorized to institute legal proceedings in order to prosecute said infraction and/or for the abatement, removal, enjoinment, termination, or cure of any such violation or public nuisance in the manner provided by law and shall take such other steps as may be necessary in order to enforce the provisions of the Kingsburg Municipal Code.
C. A fine for violations of the Kingsburg Municipal Code may be assessed by means of an administrative citation issued by the code enforcement officer, and shall be payable to the city.
D. Fines assessed by means of an administrative citation shall be collected in accordance with the procedures specified in this chapter.
E. The city may seek any and all other civil and administrative remedies provided by law.
F. All remedies provided for herein shall be accumulative and not exclusive. (Amended during 5-08 supplement)
(Ord. No. 2009-02, § 1, 2009; Ord. No. 2010-02, § 10, 7-21-2010)
17.92.040 Property maintenance.
A. It is hereby declared to be a public nuisance for any person owning, leasing, occupying or having charge or possession of any property within the city of Kingsburg to maintain such premises in such manner that any of the following conditions are found to exist thereon:
1. The real property or any buildings, structures, or improvements which violate the city's building code by creating a fire hazard, danger to human life, or hazards to public health, safety and general welfare, including dilapidation, broken equipment, hazardous pools, excavations, neglected machinery, indiscriminate outdoor storage of household goods or equipment, the keeping and outdoor storage of vehicles incapable of moving under their own power, and other similar attractive nuisances.
2. Premises not maintained so as to constitute a fire hazard by reason of weeds, grass, rank overgrowth or accumulation of debris, or which could harbor rats or other vermin, create unsightly appearance, or create conditions which are detrimental to neighboring properties.
3. Broken windows or other structural defects which create hazardous conditions and invite trespassing and malicious mischief, including unsafe structural supports, boarded doorways and windows, dry rot, termites and similar hazards.
4. Clothes lines within front yard areas.
5. Garbage cans and garbage receptacles permanently stored within front yards which are visible from the public street and neighboring property owners.
6. Failure to maintain any wall, fence or hedge as to constitute a hazard to persons or property or to create an unsightly appearance.
(Amended during 5-08 supplement)
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(Supp. No. 20, 9-23)
17.92.041 Issuance of administrative citations.
The code enforcement officer shall issue an administrative citation, and serve the same in accordance with the provision of Section 17.92.042 on the landowner and the person, if other than the landowner, occupying or otherwise in apparent charge or control of the property. The administrative citation shall contain the following:
A. The street address or assessor's parcel number and location description sufficient for identification of the property on which the violation and/or public nuisance exists; B. A statement that the code enforcement officer has determined that a violation and/or a public nuisance exists on the property, with a brief description of the conditions that render the property in violation and/or as a public nuisance and identification of the section(s) of the Kingsburg Municipal Code or other law or regulation violated;
C. A statement to require the violator(s) to obtain all appropriate permits and correct the violation or abate the public nuisance within the time period identified in the administrative citation which time period shall not exceed ten (10) days from the date of service of the administrative citation, unless the code enforcement officer identifies a longer period of time on the administrative citation; D. A statement advising that the disposal of material removed from the property in order to comply with the administrative citation shall be disposed of in the manner required by law; E. A statement advising that if the required work is not commenced within the time specified, the code enforcement officer may proceed to cause the work to be done, and bill the persons named in the administrative citation for all abatement costs and administrative expenses of the city and/or levy the costs against the property by recordation of a notice of lien in accordance with Section 17.92.053 of this chapter;
F. Amount of fine imposed for the violation(s);
G. Explanation of how the fine shall be paid and the consequences of failure to pay the fine; H. Signature of the code enforcement officer and the signature of the violator if the violator can be located. If the violator refuses or does not sign the administrative citation, the lack of such signature shall in no way affect the validity of the administrative citation and subsequent proceedings; I. A statement advising the person or persons identified in the administrative citation that they may appeal the issuance of the administrative citation in accordance with Section 17.92.046 of this chapter. (Amended during 5-08 supplement)
17.92.042 Service of administrative citation.
The administrative citation, and any documents related thereto shall be served by one of the following methods:
A. Personal service; or
B. First class mail, postage prepaid, to each person identified in Section 17.92.041 at the address as it appears on the last equalized assessment roll of the county, or as otherwise known to the code enforcement officer. The address of the property owner shown on the assessment roll shall be conclusively deemed to be the property address for the purpose of service of the administrative citation. Service by mail in the manner described above shall be effective on the date of mailing; C. The failure of the person with an interest in the property to receive any administrative citation served in accordance with this section shall not affect the validity of any proceedings taken under this chapter.
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(Supp. No. 20, 9-23)
If the owner of record, after diligent search cannot be found, the administrative citation may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten (10) days. (Amended during 5-08 supplement)
17.92.043 Proof of service of administrative citation.
Proof of service of the administrative citation shall be documented at the time of service by a declaration under penalty of perjury executed by the person effecting service, declaring the date and manner in which service was made. If the administrative citation is published, an affidavit of publication shall be obtained from the newspaper publishing the administrative citation.
(Amended during 5-08 supplement)
17.92.044 Abatement work—Extension of time.
Upon receipt of a written request from any person required to comply with the administrative citation, the code enforcement officer may grant an extension of time within which to complete the work or abatement, if the code enforcement officer determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property and if such person has begun and is diligently accomplishing the work or abatement. The code enforcement officer shall have the authority to place reasonable conditions on any such extensions.
(Amended during 5-08 supplement)
17.92.045 Fines assessed.
A. The city council by resolution shall establish the amount of the fine to be assessed for administrative citations issued by the code enforcement officer.
B. If the violator or property owner fails to correct the violation; subsequent administrative citations may be issued for the same violation(s).
C. Payment of the fine shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the city.
D. All fines assessed shall be payable to the city.
E. The failure of any person to pay a fine assessed by administrative citation within the time specified on the citation shall result in the assessment of additional fines.
F. The failure of any person to pay a fine assessed by administrative citation within the time specified on the administrative citation constitutes a debt to the city. To enforce that debt, the code enforcement officer may file a claim with the small claims court; impose an assessment lien as set forth in section 17.92.053; or pursue any other legal remedy to collect such money.
(Amended during 5-08 supplement)
(Ord. No. 2009-02, § 1, 2009)
Created: 2023-09-15 10:10:43 [EST]
(Supp. No. 20, 9-23)
17.92.046 Appeal of administrative citation.
A. Any person receiving an administrative citation may appeal the issuance of the administrative citation to the city council. The notice of appeal must be submitted on an appeal form provided by the building department, must specify the basis for the appeal in detail and must be filed with the building official within ten (10) calendar days after the date on the administrative citation. If the deadline falls on a weekend or city holiday, then the deadline shall be extended until the next regular business day.
B. If the notice of appeal is filed in accordance with the provisions of subsection A of this section, the enforcement of the violations identified in the administrative citation and the requirement to pay any fine shall be stayed until the date that the appeal hearing is held by the city council. Except that, if the code enforcement officer determines that the violations identified in the administrative citation constitute an immediate threat to the health or safety of the occupant of the property or the public in general, the code enforcement officer shall proceed with enforcement of the violations.
C. As soon as practicable after receiving the written notice of appeal, the building official or city clerk shall fix a date, time and place for the hearing. Written notice of the date, time and place for the hearing shall be served at least ten (10) calendar days prior to the date of the hearing to the party appealing the administrative citation by any one of the following means:
1. Personal service;
2. First class mail and posting the notice of hearing conspicuously on or in front of the property on which the violation is located.
The failure of any person with an interest in the property to receive such notice shall not affect the validity of any proceedings taken under this chapter. Service by normal delivery mail in the manner described above shall become effective on the date of mailing.
D. Failure of any person to file an appeal in accordance with the provisions of this section shall constitute waiver of that person's rights to administrative determination of the merits of the administrative citation and the amount of the fine.
E. The city council shall conduct an orderly proceeding and accept oral and written evidence regarding the administration citation in the following manner:
1. The director or the code enforcement officer shall present testimony and evidence relating to the violation and the appropriate means of correcting the violation.
2. The owner, agent or person responsible for the violation may present testimony or evidence concerning the violation and the means and time frame for correction.
F. The director shall establish all appropriate rules for conducting hearings and rendering decisions pursuant to this section.
G. The city council may sustain, notify or overrule the administrative citation.
H. The decision of the city council regarding any appeal is the final administrative order and decision. (Amended during 5-08 supplement)
17.92.047 Performance of abatement—City authority.
If the violator and/or property owner fails to comply with the requirements of the administrative citation within the time periods set forth therein, the work to be performed and/or the abatement of the nuisance may, in the discretion of the code enforcement officer, be performed by the city or by a contractor retained by the city.
Created: 2023-09-15 10:10:43 [EST]
(Supp. No. 20, 9-23)
(Amended during 5-08 supplement)
17.92.048 Entering property for abatement work.
The code enforcement officer or any employee, contractor or authorized representative of the city may enter upon private property to abate the violation and/or nuisance in accordance with the provisions of this chapter. No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the city whenever such person is engaged in the work or abatement, or in performing any necessary act preliminary to or incidental to such work or abatement, as authorized or directed pursuant to this chapter.
(Amended during 5-08 supplement)
17.92.049 Dangerous nuisance—Immediate abatement—Notice and costs.
Whenever the code enforcement officer determines that a violation or public nuisance is so imminently dangerous to life or adjacent property that such condition must be immediately corrected or isolated, the code enforcement officer may institute the following procedures:
A. Notice. The code enforcement officer shall attempt to make contact through a personal interview, or by telephone, with the landowner or the person, if any, occupying or otherwise in apparent charge or control of the property. In the event contact is made, the code enforcement officer shall notify such person or persons of the danger involved and require that such condition be immediately removed, repaired or isolated so as to preclude harm to any person or property.
B. Abatement. In the event the code enforcement officer is unable to make contact as herein above noted, or if the appropriate persons, after notification by the code enforcement officer, do not take action as specified by the code enforcement officer, within twenty-four (24) hours or such lesser time as circumstances may warrant in the discretion of the code enforcement officer, then the code enforcement officer may, with the approval of the building official take all steps deemed necessary to repair, remove or isolate such dangerous condition, or conditions with the use of city forces or a contractor retained by the city.
C. Costs. The code enforcement officer shall keep an itemized account of the work and abatement costs and administrative expenses incurred by the city in repairing, removing, or isolating such condition or conditions. Administrative expenses may be recovered in the same manner that work and abatement costs are recovered.
(Amended during 5-08 supplement)
17.92.050 Administrative and abatement costs.
Whenever a violation or public nuisance is found to exist as a result of an inspection, the actual work and abatement costs and reasonable administrative expenses as determined by the code enforcement officer shall be paid by the property owner.
(Amended during 5-08 supplement)
Created: 2023-09-15 10:10:44 [EST]
(Supp. No. 20, 9-23)
17.92.051 Costs of abatement—Record keeping.
The code enforcement officer shall keep an itemized account of the expenses and costs incurred by the city in the work and abatement of any violation or public nuisance. Upon completion of the work and abatement, the code enforcement officer shall prepare a report specifying the work and abatement performed, the itemized costs of the work on the property, including direct and indirect costs, a description of the property, and the names and addresses of the persons entitled to service pursuant to Section 17.92.042 of this chapter. Any such report may include expenses and costs on any number of properties, whether or not contiguous to each other. Each person named in the administrative citation shall be jointly and severally liable for such work and abatement costs and administrative expenses, and the amount of such costs and expenses shall be a debt owed to the city. Such report shall be served upon the persons identified therein in accordance with Section 17.92.042, together with a demand that the amount identified therein be paid within thirty (30) days of receipt of the report. (Amended during 5-08 supplement)
17.92.052 Appeal of costs of abatement.
The written demand for payment identified in Section 17.92.051 shall advise the person or persons identified in the written demand that they may appeal the demand for payment and the calculation of the amounts identified in the code enforcement officer's report, within ten (10) days from the date of service of the written demand, which appeal must be made in accordance with the provisions of Section 17.92.046. The appeal shall be conducted in accordance with the provisions of Section 17.92.046. (Amended during 5-08 supplement)
17.92.053 Notice of lien.
A. Notice of Lien. If a violator fails to pay a fine within the time period identified on the administrative citation or should the violator fail to pay the costs of abatement within the time period identified in Section
17.92.051 or within ten (10) days after the date of the decision of the hearing officer should the hearing officer affirm the collection of a fine or the costs of abatement, the code enforcement officer shall execute and file in the office of the county recorder a notice of lien of substantially the following form:
NOTICE OF LIEN
Pursuant to the authority vested in the Code Enforcement Officer of the City of Kingsburg Municipal Code, said Code Enforcement Officer, by the provisions of the City of Kingsburg Municipal Code, and on or about, said Code Enforcement Officer did assess a fine and/or, on or administrative expenses and abatement costs upon that certain real property commonly known as, Kingsburg, California, and more particularly described in Exhibit "A", which is attached hereto and made a part hereof ("Real Property"), and neither the same has been paid. The City of Kingsburg hereby claims a lien on the Real Property for said fine and/or administrative expenses and abatement costs in the amount of $. This amount shall be a lien upon the Real Property until the sum has been paid in full and discharged of record.
Dated: This day of _______, 2007.
CODE ENFORCEMENT OFFICER OF THE CITY OF KINGSBURG
(ACKNOWLEDGMENT)
B. Recordation. Immediately upon the recording of the notice of lien, the assessment shall constitute a lien on the real property assessed. Such lien shall, for all purposes, be upon a parity with the lien of state and local taxes.
Created: 2023-09-15 10:10:44 [EST]
(Supp. No. 20, 9-23)
(Amended during 5-08 supplement)
17.92.054 Confirmed assessment—Collection.
A. Assessment Book. The notice of lien, after recording, shall be delivered to the tax assessor of Fresno or Tulare County, who shall enter the amount on the county assessment book opposite the description of the real property, and the amount shall be collected together with all other taxes levied thereon against the real property.
B. Collection. Thereafter, the amount set forth in the notice of lien shall be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes are made applicable to such assessment. The amount set forth in the notice of lien shall be returned to the city to the fund designated for code enforcement activities.
(Amended during 5-08 supplement)
17.92.055 Remedies of private parties.
The provisions of this chapter shall not affect the rights of private parties to pursue any and all legal remedies.
(Amended during 5-08 supplement)
17.92.056 Alternatives.
Nothing in this chapter shall prevent the city council from requesting the city attorney to commence a civil or criminal proceeding to abate a violation and/or a public nuisance as an alternative to the proceedings set forth in this chapter.
(Amended during 5-08 supplement)
17.92.057 Enforcement authority.
Enforcement of this chapter by the city may be accomplished by the code enforcement officer in any manner authorized by law. The procedures set forth in this chapter shall not be exclusive and shall not in any manner limit or restrict the city from enforcing other city ordinances or abating violations and/or public nuisances in any other manner provided by law.
(Amended during 5-08 supplement)
17.92.058 Violation—Penalty.
A. Any person who removes any notice or order posted as required in this chapter without the consent of the city is guilty of an infraction.
B. Any person who obstructs, impedes or interferes with any representative or contractor of the city or with any person who owns or holds any estate or interest in real property, buildings or premises which has been ordered to be vacated, repaired, rehabilitated or demolished or brought into compliance with this chapter, Created: 2023-09-15 10:10:44 [EST]
(Supp. No. 20, 9-23)
when any of the aforementioned individuals are engaged in work involving the abatement, is guilty of an infraction.
(Amended during 5-08 supplement)
17.92.059 Violation—Abatement.
A. It is unlawful for a person to violate any provision or to fail to comply with any of the requirements of this chapter. A violation of any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall constitute an infraction which shall be punishable by fine as established by the resolution of the city council.
B. Each such person may be charged with a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person and shall, upon conviction, be punished accordingly.
(Amended during 5-08 supplement)
Chapter 17.94 ABATEMENT OF SUBSTANDARD BUILDINGS
17.94.010 Abatement actions.
Actions instituted by the city to abate substandard buildings shall be in accordance with the provisions set forth in Article 3 (commencing with Section 17980) of Division 13, Part 1.5 of the Health and Safety Code. (Ord. No. 2017-007, § 2, 9-6-2017)
17.94.020 Abatement procedure.
The procedures for abatement, prescribed by this chapter, prescribed by applicable law or other procedures as determined by the city to be equivalent for the purpose intended, may be used. The planning and development director, building official, chief of police, fire chief, and public works director, or their respective designees, shall be the city officials responsible for the enforcement procedures set forth in this chapter. In the discharge of their duties, these officials shall have the right to enter on any site, or to enter any structure for the purpose of investigation and inspection.
(Ord. No. 2017-007, § 2, 9-6-2017)
17.94.030 Substandard building as a nuisance—Notices.
Whenever the city determines any building or portion thereof has become substandard as described in Section 17920.3 of the California Health and Safety Code or is a building described in Section 17920.10 of the California Health and Safety Code and when determined to be a nuisance as defined in Section 17920 of the California Health and Safety Code by the city, the following procedures shall apply.
The city shall notify the owner of the building and any mortgagee or beneficiary under any deed of trust of record, as follows. The notice shall state the conditions causing the building to be substandard or in violation of Section 17920.10 of the Health and Safety Code, and may order the building or portion thereof, vacated and the owner shall institute proceedings for the correction or abatement of the building or portion thereof, either by demolition or repair, which correction or abatement shall be completed within thirty (30) days after the date of Created: 2023-09-15 10:10:44 [EST]
(Supp. No. 20, 9-23)
the notice. If, in the opinion of the city, these conditions can be corrected or abated by repair, the notice shall state the repairs which are required.
If the building is encumbered by a mortgage or deed of trust, of record and the owner of the building has not complied with the requirements identified in the notice from the city on or before the expiration of thirty (30) days after the date of mailing and posting of the notice, the mortgagee or beneficiary under the deed of trust may, within fifteen (15) days after the expiration of the thirty-day period, comply with the requirements of the notice from the city, in which event the cost to the mortgagee or beneficiary shall be added to, and become a part of, the lien secured by the mortgage or deed of trust, and shall be payable at the same time and in the same manner as may be prescribed in the mortgage or deed of trust for the payment of any taxes advanced or paid by the mortgagee or beneficiary for and on behalf of the owner.
If the notice from the city has not been complied with on or before the expiration of forty-five (45) days after the date of mailing and posting of the notice, the city may institute an appropriate action or proceeding to correct or abate the condition, as would be taken to correct or abate any nuisance or any violation of any other provision of this chapter or, as an alternative procedure, the city may institute proceedings for the abatement of the nuisance and substandard building, after notice and hearing, before the city council as provided in this chapter. (Ord. No. 2017-007, § 2, 9-6-2017)
17.94.040 Revolving fund.
For the purpose of providing for the advancement of costs in the enforcement of the provisions of this chapter, the city may create a revolving fund or funds from which may be paid the costs of enforcing the provisions of this chapter and into which may be paid the receipts from the collection of costs or fines imposed by the city in the enforcement of this chapter.
(Ord. No. 2017-007, § 2, 9-6-2017)
17.94.050 Manner of giving notice.
The notices required in Section 17.94.030 shall be given in the following manner. The city shall post conspicuously at least one copy of the notice identified in Section 17.94.030 on the substandard building, and shall send another copy by registered or certified mail, postage prepaid, return receipt requested, to the person owning the land on which the building is located, as that person's name and address appear on the last equalized assessment roll, or as known to the city clerk and to any mortgagee or beneficiary under a deed of trust of record.
If the address of the owner cannot be determined by the city, this fact shall be stated in the copy so mailed and the notice shall be addressed to the owner at the county seat of the county where the property is located.
The officer or employee of the city upon giving the notice, shall file an affidavit with the city clerk, certifying the time and the manner in which the notice was given along with any receipt card returned either acknowledging of the receipt of the notice by registered mail or acknowledging the notice was refused or undeliverable. The refusal of delivery of the notice or if the notice was undeliverable, shall satisfy the notice requirement set forth in this Section 17.94.050. The failure of any owner or other person to receive the notice, shall not affect in any manner the validity of any proceedings taken hereunder. (Ord. No. 2017-007, § 2, 9-6-2017)
17.94.060 Second notice.
(a) If the city elects to proceed with the abatement of the nuisance through proceedings instituted before the city council as provided in this chapter, it shall give a second notice in the same manner as set forth in Created: 2023-09-15 10:10:44 [EST]
(Supp. No. 20, 9-23)
Section 17.94.050 directing the owner of the building to appear before the city council at a stated time and place and show cause why the building should not be found to be a nuisance and the nuisance be abated as provided in this chapter. A copy of this notice shall be mailed to each mortgagee or beneficiary under any deed of trust of record in the manner prescribed in Section 17.94.050. The notice shall be headed "Notice to Abate Nuisance" in letters of not less than three-fourths of an inch in height and shall be substantially in the following form:
NOTICE TO ABATE NUISANCE
The owner of the building located at _______, Kingsburg, California ("building") is hereby notified to appear before the Kingsburg City Council at its regular/special meeting to be held _______, 20___, at the City Council Chambers, 1401 Draper Street, Kingsburg, California, at the hour of ___ o'clock _.m., or as soon thereafter as the owner may be heard, and show cause, if any, why the building should not be declared a public nuisance and the nuisance be abated by reconstructing or repairing the building or by razing or removing the building.
Dated: _______, 20___
CITY OF KINGSBURG
By: ___________
___________, City Clerk
(b) The officer or employee of the city giving such notice shall file an affidavit of posting and mailing in the manner required by Section 17.94.050.
(Ord. No. 2017-007, § 2, 9-6-2017)
17.94.070 Abatement hearing.
(a) At the time fixed in notice identified in Section 17.94.060, the city council shall hold a hearing and receive testimony from city staff, the owner of the building or its representatives, if present at said hearing, and other persons who may be present and desire to testify, respecting the condition of the building, the estimated cost of its reconstruction, repair or removal, and any other matter which the city council may deem pertinent thereto. Upon the conclusion of the hearing, the city council shall, by resolution, declare its findings and decision whether the building is a nuisance and direct the owner to abate the nuisance within thirty (30) days after the date of posting on the building a notice of the passage of said resolution by properly reconstructing, repairing, or having the building razed or removed and notifying the owner of the building that if the nuisance is not abated within the thirty-day period, the nuisance will be abated by the city by reconstruction, repair or razing and removing the building and the expense thereof made a lien on the lot or parcel of land upon which said building is located.
(b) At any time within sixty (60) days after the passage of any resolution directing the abatement of a nuisance, the city shall post a copy of the resolution conspicuously on the building so declared to be a nuisance and mail another copy by registered mail, postage prepaid, return receipt requested, to the person owning the land on which the building is located as such person's name and address appear on the last equalized assessment roll or as known to the clerk of the city, and a copy of said notice shall be mailed to each mortgagee or beneficiary under any deed of trust, of record, at the last known address of such mortgagee or beneficiary, and if such addresses are unknown to the city, then said fact shall be stated in said copy so mailed and it shall be addressed to the owner of the land or the mortgage or beneficiary under the deed of trust at the county seat of the county where the property is located. The officer or employee of the city, upon giving the notice, shall file an affidavit thereof in the manner provided for in Section 17.94.050. The city council may grant any extension of time to abate the nuisance as it may deem justifiable upon good cause therefore being shown.
Created: 2023-09-15 10:10:44 [EST]
(Supp. No. 20, 9-23)
(Ord. No. 2017-007, § 2, 9-6-2017)
17.94.080 Time to bring action.
The owner of the building or other interested person offering objections during the abatement hearing before the city council at which a resolution of abatement of the nuisance is passed, must bring an action in a court of competent jurisdiction within thirty (30) days after the date of posting on said premises a notice of the passage of the resolution declaring the nuisance to exist to contest the validity of any proceedings leading up to and including the adoption of the resolution; otherwise all objections will be deemed to have been waived. (Ord. No. 2017-007, § 2, 9-6-2017)
17.94.090 Jurisdiction to abate.
Thirty (30) days after the posting of the copies of the resolution declaring a building a nuisance, the city shall be deemed to have acquired jurisdiction to abate such nuisance by reconstructing, repairing, razing or removing the building, unless the nuisance is abated by the owner or other person within said thirty-day period or any extension thereof granted by the city council. In the event that the nuisance is not abated within the time prescribed, the city may thereupon take the abatement action identified in the city council resolution or have the abatement action performed by a contractor under its direction and supervision. (Ord. No. 2017-007, § 2, 9-6-2017)
17.94.100 Sale of materials.
The building materials contained in a building razed or removed may be sold by the city at public sale to the highest responsible bidder after not less than five (5) days' notice of the intended sale is published at least once in a newspaper of general circulation published in the city or county where the building is located, either before or after said building has been razed or removed. Any amount received from the sale of such building materials shall be deducted from the expense of razing or removing the building. The city shall keep an itemized account of the expenses involved in the razing or removing of any building and shall deduct therefrom the amount received from the sale of the building materials. The city shall cause to be posted conspicuously on the property from which the building was razed or removed a statement verified by the officer or employee of the city in charge of performing the work showing the gross and net expense of the razing or removing of such building together with a notice of the time and place when and where said statement shall be submitted to the city council for approval and confirmation and at which time said city council shall consider any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of the abatement work and any other interested persons. A copy of said statement and notice shall be mailed in the manner prescribed in Section 17.94.050 and an affidavit of such posting and mailing shall be filed in the manner prescribed in that section. The time for confirmation shall be not less than five (5) days after the date of the posting and mailing of said statement and notice.
(Ord. No. 2017-007, § 2, 9-6-2017)
17.94.110 Statement of expense.
(a) At the time fixed for the hearing of the statement of expense the city council shall consider the statement, together with any objections or protests which may be raised by any of the property owner liable to be assessed for the abatement work and any other interested persons. At the conclusion of the hearing, the city council may make such revision, correction, or modification to the statement of expense as it may deem Created: 2023-09-15 10:10:44 [EST]
(Supp. No. 20, 9-23)
necessary, after which, by motion, said statement of expenses as submitted, or in the event any revisions, corrections or modifications have been made by said city council said statement of expenses as revised, corrected or modified, shall be approved.
(b) In the event that the cost for abating the nuisance exceeds the proceeds received from the sale of any materials, the amount of the net expense of abating the nuisance, if not paid within five (5) days after the decision of the city council on the statement of expense, shall constitute a lien on the real property upon which the building is or was located, which lien shall continue until the amount thereof and interest thereon at the rate of ten percent (10%) per annum, computed from the date of approval and confirmation of the statement of expense until paid, or until it is discharged of record. This lien shall, for all purposes, be upon parity with the lien of state, county, and municipal taxes. In the event of nonpayment, the city council shall, at any time within sixty (60) days after the decision of the city council on the statement of expense, cause to be filed in the office of the county recorder of the county in which the property is located a certificate substantially in the following form:
NOTICE OF LIEN
Pursuant to the authority vested in the undersigned by Division 13, Part 1.5 of the Health and Safety Code and California Code of Regulations, Title 25, Chapter 1, Subchapter 1, of the State of California, the undersigned did on the ___ day of _______, 20___, cause a nuisance to be abated on the real property hereinafter described; and the undersigned did on the ___ day of _______, 20___, by action duly recorded in its official minutes as of that date, assess the cost of the abatement, less the amount received from the sale of any building materials upon the real property hereinafter described, and the same has not been paid nor any part thereof; and the City of Kingsburg does hereby claim a lien on the real property hereinafter described for the net expense of the abatement of the nuisance in the sum of $_____, and the same shall be a lien upon the real property until the sum, with interest at the rate of ten percent (10%) per annum, from the ___ day of _______, 20___, has been paid in full and discharged of record. The real property hereinbefore mentioned, and upon which a lien is claimed, is that certain real property located in the City of Kingsburg, County of _______, State of California, and particularly described as follows:
Dated: _______, 20___
CITY OF KINGSBURG
By: ___________
___________, City Clerk
(c) From and after the date of the recording of said notice of lien all persons shall be deemed to have had notice of the contents thereof. The statute of limitations shall not run against the right of the city to enforce the payment of said lien.
(d) In the event that the amount received from the sale of material exceeds the expenses of abating the nuisance, such excess shall be deposited with the finance director of the city to the credit of the owner of said property or to such other person legally entitled thereto, and such excess shall be payable to said owner or other person on demand and upon producing evidence of ownership of the property satisfactory to the finance director.
(Ord. No. 2017-007, § 2, 9-6-2017)
Chapter 17.96 CONSTRUCTION AND DEFINITIONS
Created: 2023-09-15 10:10:44 [EST]
(Supp. No. 20, 9-23)
17.96.010 Construction.
The following rules of construction shall apply unless inconsistent with the plain meaning of the context of this title.
A. Tense. Words used in the present tense include the future tense.
B. Number. Words used in the singular include the plural, and words used in the plural include the singular.
C. Shall and May. The word "shall" is mandatory; the word "may" is permissive.
D. Gender. The masculine shall include the feminine and neuter.
E. Headings. In the event that there is any conflict or inconsistency between the heading of a chapter, section or subsection of this title and the context thereof, the said heading shall not be deemed to affect the scope, meaning or intent of such context.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.96.020 General terminology.
The word "city" shall mean the city of Kingsburg, California. The words "city council" and "council" shall mean the city council of the city of Kingsburg. The words "planning commission" and "commission" shall mean the planning commission of the city of Kingsburg. The words "planning department" and "department" shall mean the planning department of the city of Kingsburg. The words "planning director" and "director" shall mean the planning director of the city of Kingsburg. The words "city clerk" and "city engineer" shall mean the city clerk and city engineer of the city of Kingsburg. The words "building official" and "building inspector" shall mean the building official of the city of Kingsburg. The words "architectural design review committee" and "committee" shall mean the architectural design review committee of the city of Kingsburg. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.96.030 Definitions.
For the purpose of this title, certain words and terms used herein are defined as follows:
"Accessory building" means a building or structure which is subordinate to, and the use of which is customarily incidental to that of the main building, structure or use on the same site, including patio covers. Except in the case of garden structures, if any accessory building is attached to the main building by a common wall or a connecting roof, such accessory building shall be deemed to be a part of the main building. “Accessory dwelling unit” means an attached or a detached dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the primary dwelling unit is situated. An accessory dwelling unit also includes an efficiency unit, as defined in California Health and Safety Code Section 17958.1, and a manufactured home, as defined in California Health and Safety Code Section 18007. "Accessory use" means a use incidental, related, appropriate and clearly subordinate to the main use of the site or building, which accessory use does not alter the principle use of the site. "Alter" means to make any change in the supporting or load-bearing members of a building, such as bearing walls, columns, beams, girders or floor joists.
Created: 2023-09-15 10:10:44 [EST]
(Supp. No. 20, 9-23)
"Animal hospital" means a place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Use as a kennel shall be limited to short-time boarding and shall be only incidental to such hospital use, and within an enclosed soundproof structure. "Arcade" means any establishment operating or exhibiting more than five amusement devices. An amusement device is a machine operated for the purpose of gaming as a contest of skill, or for amusement of any description, for which a fee is charged.
"Automobile wrecking yard" means a site or portions of a site on which the dismantling or wrecking of used vehicles or the storage, sale or dumping of dismantled or wrecked vehicles or their parts are conducted. The presence on a site of three or more motor vehicles which have not been capable of operating under their own power for fifteen (15) days or more, or, in the case of vehicles not self-propelled, which have not been towable or from which parts have been removed for reuse or sales, shall constitute prima facie evidence of a motor vehicle wrecking yard.
"Billboard" means the same as outdoor advertising structure. "Block" means the properties abutting on one side of a street and lying between two nearest intersecting or intercepting street and railroad right-of-way, unsubdivided land or watercourse. "Boarding or rooming house" means a building where lodging and meals are provided for compensation for five but not more than fifteen (15) persons, not including rest homes. "Borrow pit" means any place or premises where dirt, soil, sand, gravel or other materials are removed by excavation or otherwise below the grade of surrounding land for any purpose other than that necessary and incidental to grading or to building construction or operation on the premises. "Breezeway" means a roofed passageway, open on at least two sides, connecting the main structure on a site with another main structure or accessory use on the same site. "Building" means a permanently located structure, having a roof, for the housing or enclosure of persons, chattels or property of any kind. Mobilehomes, travel trailers and other vehicles, even though permanently immobilized, shall not be deemed to be buildings.
"Building, main" means a building within which is conducted the principle use permitted on the lot or site as provided by this title.
"Building setback line" means the minimum distance as prescribed by this chapter between any property line and the closest point on the foundation or any supporting post or pillar of any building or structure related thereto.
"Carport" means an accessory structure or portion of a main structure open on two or more sides designed for the storage of motor vehicles, without full enclosure. "Cemetery" means land used or intended to be used for the burial of the dead, and dedicated for such purposes, including columbarium, crematoriums, mausoleums and mortuaries, when operated in conjunction with and within the boundaries of such premises.
"Clinic" means a place for the provision of group medical services. "Club" means an association of persons for some common non-profit purposes, but not including groups organized primarily to render a service which is customarily carried on as a business. "College" means an education institution offering advanced instruction in any academic field beyond the secondary level, but not including trade schools or business colleges. "College, trade" means the same as school, trade.
Created: 2023-09-15 10:10:44 [EST]
(Supp. No. 20, 9-23)
"Commercial office" means any administrative or clerical office maintained as a business and any office established by a public service over which this ordinance has jurisdiction. "Communications equipment building" means a building housing electrical and mechanical equipment necessary for the conduct of a public communication business, with or without personnel. "Convalescent home" means the same as "rest home."
"Dump" means a place used for the disposal, abandonment or discarding by burial, incineration or by any other means of any garbage, sewage, trash, refuse, rubble, waste material, offal or dead animals. "Drive-in restaurant" means an establishment which serves food or beverages to persons while seated in or on a motor vehicle, and/or which serves food or beverages for consumption off the premises. "Dwelling" means a building or portion thereof, designed exclusively for residential purposes, including onefamily, two-family, three-family and multiple dwellings; including mobile homes; not including hotels, apartment hotels, boarding and lodging houses, fraternity and sorority houses, rest homes, convalescent homes, nursing homes, child care nurseries, or house trailers even though permanently immobilized. "Dwelling, one-family" means a detached building designed exclusively for occupancy by one family for residential purposes.
"Dwelling, two-family" means a building designed exclusively for occupancy by two families living independently of each other (e.g., duplex).
"Dwelling, three-family" means a building designed exclusively for occupancy by three families living independently of each other (e.g., triplex).
"Dwelling, multi-family" means a building designed exclusively for occupancy by four or more families living independently of each other (e.g., fourplex or apartment). "Dwelling unit" means one or more rooms and a kitchen designed for occupancy by one family for living and sleeping purposes.
"Educational institutions" means public or other non-profit institutions conducting regular academic instruction at pre-school, kindergarten, elementary, secondary and collegiate levels, and including graduate schools, universities, non-profit research institutions and religious institutions. Such institutions must either: 1) offer general academic instruction equivalent to the standards prescribed by the State Board of Education, 2) confer degrees as a college or university of undergraduate or graduate standing, 3) conduct research or 4) give religious instruction. This definition does not include schools, academies or institutes, incorporated or otherwise, which operate for a profit, nor does it include commercial or trade schools. "Electrical distribution substation" means an assemblage of equipment which is part of a system for the distribution of electric power where electric energy is received at a subtransmission voltage and transformed to a lower voltage for distribution for general consumer use. "Electrical transmission substation" means an assemblage of equipment which is part of a system for the transmission of electric power where electric energy is received at a very high voltage from its source of generation by means of a network of high voltage lines and where, by means of transformers, said high voltage is transformed to a low subtransmission voltage for purposes of supplying electric power to large individual consumers, interchange connections with other power producing agencies or electric distribution substations for transformation to still lower voltages for distribution to smaller individual users. "Emergency housing" means housing with minimal supportive services for homeless persons that is limited to occupancy of six (6) months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.
Created: 2023-09-15 10:10:44 [EST]
(Supp. No. 20, 9-23)
“Emergency shelter” means housing with minimal support for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. Medical assistance, counseling, and meals may be provided. Emergency shelter also means navigation centers, bridge housing, and respite or recuperative care. “Employee Housing” means living quarters including dwellings, railroad maintenance cars, trailer coaches, or other housing accommodations maintained in connection with any work or place where work is being performed and the site on which they are located, excepting farm employee housing as defined in this section. "Family" means, one or more persons living in a dwellingan individual, two or more persons who are related by blood or marriage, or a group of not more than five persons not necessarily related by blood or marriage, living together in a dwelling unit.
“Farmworker Housing” means living accommodations for employees and their immediate families employed for the exclusive purpose of agricultural pursuits either on the premises or off-site. It includes single- or multi-unit dwellings, including mobile homes.
"Fence, open" means a fence, fifty (50) percent or more of the vertical surface of which is open to the transmission of light, air and vision.
"Fence, screened" means a fence, ninety (90) percent or more of the vertical surface of which is closed to the transmission of light, air and vision.
"Frontage" means the property line of a site abutting on a street, other than the side line of a corner lot. "Garage, private" means a detached accessory building or a portion of a main building on the same lot as a dwelling for the housing of vehicles of the occupants of the dwelling, including carports. "Garage, repair" means a structure or part thereof, other than a private garage, where motor vehicles are repaired or painted.
"Garden structure" means an arbor, deck, fountain, lath house, pergola, raised planting bed, trellis or other similar structure intended specifically to enhance the appearance of the garden or which has a function relating to the use of outdoor space, but not including a house, garage, carport or storage building. "Guest house" means living or sleeping quarters within an accessory building for the sole use of occupants of the premises, guests of such occupants or persons employed on the premises. Such quarters shall have no kitchen facilities and shall not be rented.
"Hazardous waste" means any waste, or combination of wastes as specified in Title 22 of the California Code of Regulations, which because of its quantity, concentration, physical, chemical or infectious characteristics may either cause, or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating irreversible illness, or pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of, or otherwise managed. "Home occupation" means the conduct of an art or profession, the offering of a service or the conduct of a business, or the handcraft manufacture of products within a dwelling in a residential district, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which does not change the character thereof, in accordance with the regulations prescribed in Chapter 17.56. "Homeowner's association" means a community association composed of individual owners of a development which is created for the purpose of holding title to, managing and maintaining the common property, and enforcing certain covenants and restrictions for the overall benefit of its members. "Hotel" means a building in which there are sixteen (16) or more guest rooms where lodging with or without meals is provided for compensation, usually on a transient basis. "Hotel" shall not be construed to include motel, Created: 2023-09-15 10:10:44 [EST]
(Supp. No. 20, 9-23)
trailer court, sanitarium, hospital or other institutional building, or jail or other building where persons are housed under restraint.
“Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure. "Junk yard" means a site or portion of a site on which waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including used furniture and household equipment yards, house wrecking yards, used lumber yards and similar storage yards, excepting a site on which uses are conducted within a completely enclosed structure and excepting motor vehicle wrecking yards as defined in this section. An establishment for the sale, purchase or storage of used cars, farm equipment or salvaged machinery in operable condition and the processing of used or salvaged materials as part of a manufacturing operation shall not be deemed a junk yard.
"Kennel" means any lot or premises on which four or more dogs and/or cats at least four months of age are kept, boarded or trained, whether in special buildings or runways or not. "Kitchen" means any room used or intended or designed to be used for cooking or the preparation of food. "Lodge" means an order or society of persons organized for some common non-profit purpose, but not including groups organized primarily to render a service which is customarily carried on as a business. "Lodging house" means a dwelling in which lodging or lodging and meals are provided for compensation for more than five but not more than fifteen (15) persons other than members of the resident family, excepting a nursing home as defined in this section.
"Lot" means a single parcel of land for which a legal description is filed of record, or the boundaries of which are shown on a subdivision map, or record of survey map filed in the office of the San Joaquin County Recorder.
The term "lot" shall include a part of a single parcel of land when such part is used as though a separate lot for all of the purposes and under all of the requirements of this title. The term "lot" shall include two or more abutting lots when combined and used as though a single lot.
"Lot area" means the total horizontal area within the lot lines of a lot. "Lot, corner" means a lot situated at the intersection of two or more streets which have an angle of intersection of not more than one hundred thirty-five (135) degrees. "Lot, coverage" means that portion of a lot or building site which is occupied by any building or structure, excepting paved areas, walks and swimming pools, regardless of whether said building or structure is intended for human occupancy.
"Lot depth" means the depth of a lot shall be the horizontal length of a straight line connecting the midpoints of the front and rear lot lines.
"Lot, double frontage" means an interior lot having frontage on and with access on two parallel or approximately parallel streets.
"Lot, interior" means a lot other than a corner lot or reverse corner lot. "Lot, key" means the first lot to the rear of a reversed corner lot, whether or not separated by an alley. "Lot line, front" means in the case of an interior lot, a line separating the lot from the street. In the case of a corner lot, the line separating the narrowest street frontage of the lot from the street. "Lot line, rear" means a lot line which is opposite and most distant from the front lot line, or, in the case of an irregular triangular or gore-shaped lot, a line ten (10) feet in length within the lot parallel to and at a maximum distance from the front lot line.
Created: 2023-09-15 10:10:44 [EST]
(Supp. No. 20, 9-23)
"Lot line, side" means any lot boundary line not a front lot line or a rear lot line. "Lot, reversed corner" means a corner lot, the street side of which is substantially a continuation of the front lot line of the lot upon which it rears.
Lot, through. See "lot, double frontage."
"Lot, width" means the average horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. “Low Barrier Navigation Center” means a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Manufactured Home” means a factory-built structure that is manufactured or constructed under authority of 42 U.S.C. Sec. 5403, National Manufactured Housing Construction and Safety Standards Act of 1974, and/or California law and is to be used as a place for human habitation. The structure is manufactured either in whole or in substantial part at an off-site location, transported to the site, assembled on-site, and placed on a permanent foundation. For the purpose of this Development Code, a manufactured home shall be considered the same as any site-built, single-family detached dwelling. Manufactured home is not inclusive of a mobile home unless the mobile home has been converted to real property and is taxed as a site-built dwelling. "Medical building" means clinics or offices for doctors, dentists, oculists, chiropractors, osteopaths, chiropodists or similar practitioners of the healing arts; including accessory laboratories and a prescription pharmacy, but not including offices for veterinarians.
"Mobilehome" means a structure or a structure having multiple sections equaling or exceeding exterior dimensions of eight feet in width and forty (40) feet in length, having a chassis and designed to be movable, with kitchen, bathroom and living facilities, designed for use as a single-family dwelling when connected to appropriate utility lines, with or without a permanent foundation.
"Mobilehome parks" means any parcel or contiguous parcels of land under single ownership, designed or intended to be used to accommodate mobile homes on a permanent or semi-permanent basis, in accordance with the provisions of Chapter 17.56.
"Motel" means a building or group of buildings containing individual sleeping or living units, designed primarily for use by automobile tourists or transients, where a majority of such units open individually and directly to the outside. An establishment shall be considered a motel, in any case, when required by the Health and Safety Code of the State of California, to obtain the name and address of the guests and a description of their vehicle and its license. The term "motel" shall include tourist court, auto court and motor lodge.
Motor vehicle wrecking yard. See "automobile wrecking yard." "Non-conforming building" means a building or portion thereof lawfully existing at the time of the adoption of this ordinance, or amendments thereto, and which does not conform to the applicable regulations of such amendments or a subsequent amendment.
"Nursery school" means a school or the use of a site or a portion of a site for an organized program devoted to the education or day care of five or more pre-elementary school age children, including those residents on the site.
"Nursing home" means a structure operated as a lodging house in which nursing, dietary and other personal services are rendered to convalescents, not including persons suffering from contagious diseases, and in which surgery is not performed and primary treatment, such as customarily is given in hospitals and sanitariums, is not provided. A convalescent home shall be deemed a nursing home. "Off-street loading facilities" means a site or a portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives and landscaped areas.
Created: 2023-09-15 10:10:44 [EST]
(Supp. No. 20, 9-23)
"Off-street parking facilities" means a site or a portion of a site devoted to the off-street parking of motor vehicles including parking spaces, aisles, access drives and landscaped areas. "Outdoor advertising structure" means any structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising sign may be placed, located on a site other than the site on which the advertised use is located or on which the advertised product is produced. "Parking district" means a government parking district maintained by the federal, state, county or city government, or special district.
"Public utility service yard" means a site or portion of a site on which a public utility company may store, house and/or service equipment such as service trucks and other trucks and trailers, pumps, spools of wire, pipe, conduit, transformers, cross-arms, utility poles, or any other material, tool or supply necessary for the normal maintenance of the utility facilities.
"Railroad right-of-way" means a strip of land of a maximum width of one hundred (100) feet only for the accommodation of main lines or branch line railroad tracks, switching equipment and signals, but not including lands on which stations, offices, storage buildings, spur tracks, sidings, section gang and other employee housing, yards or other uses are located.
"Recreation vehicle" means a motor home, travel trailer, truck camper or camping trailer, with or without motive power, designed for recreational human habitation. "Residence" means a structure containing a dwelling unit designed for occupancy or occupied by one family or more.
“Residential Care Facility” means housing shared by unrelated persons that provides 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. Such facilities typically include shared cooking, dining, and living areas.
Residential care facilities may or may not be licensed, depending on the services provided. Residential care facilities include licensed family care homes and foster homes, but do not include boarding houses.
A facility that houses six or fewer persons.
A facility that houses seven or more persons.
"Restaurant" means an establishment which serves food or beverages primarily to persons seated within the building. This includes cafes and tea rooms, and outdoor cafes. "Rest homes or homes for the aged" means an establishment or home intended primarily for the care and nursing of invalids and aged persons; excluding cases of communicable diseases and surgical or obstetrical operations. The term shall not include nursing home.
"School, elementary, junior high or high" means public and other non-profit institutions conducting regular academic instruction at kindergarten, elementary and secondary levels. Such institutions shall offer general academic instructions equivalent to the standards prescribed by the State Board of Education. "School, private or parochial" means an institution conducting regular academic instruction at kindergarten, elementary or secondary levels, operated by a non-governmental organization. "School, trade" means schools offering preponderant instruction in the technical, commercial or trade skills, such as real estate schools, business colleges, electronics schools, automotive and aircraft technicians schools and similar commercial establishments operated by a non-governmental organization. "Service station" means an occupancy engaged in the retail sales of gasoline, diesel, liquified petroleum gas or other passenger vehicle fuels, which may also provide related oil, tires, batteries, accessories and servicing of such vehicles and operations, incidental thereto, including: occasional individual hand automobile washing, with or without incidental hand waxing and polishing; tire changing and repairing (but not including recapping); battery Commented [WC1]: Changed definition and moved to
correct area
Created: 2023-09-15 10:10:44 [EST]
(Supp. No. 20, 9-23)
service, charging and replacement (but not including repair or rebuilding); radiator cleaning, flushing and repair; installation of minor accessories; lubrication of such vehicles; and testing, adjustment and replacement of minor or accessory motor parts and accessories.
"Sign" means any letter or symbol made of cloth, metal, paint, paper, wood or other material of any kind whatsoever, placed for advertising, identification or other similar purposes, on the ground or on any wall, post, fence, building, structure, vehicle or on any place whatsoever. The term "placed" shall include constructing, erecting, posting, painting, printing, tacking, nailing, gluing, sticking, carving or otherwise fastening, affixing or making visible in any manner whatsoever.
“Single Room Occupancy (SRO)” means a residential facility containing housing units that may have individual or shared kitchen and/or bathroom facilities and are guest rooms or efficiency units as defined by the California Health and Safety Code. Each housing unit is offered on a monthly rental basis or longer. "Site: means a parcel of and, subdivided or unsubdivided, occupied or to be occupied by a use or structure. "Site area" means the total horizontal area included within the property lines of a site. "Site depth" means the average horizontal distance between the front and rear property lines of a site measured along a line midway between side property lines. "Site width" means the average horizontal distance between the side property lines of a site measured at right angles to the depth at a point midway between the front and rear property lines. "Stable" means a detached accessory structure including, but not limited to, a corral or paddock for the keeping of one or more horses owned by the occupants of the premises and which are not kept for remuneration, hire or sale.
"Stable, commercial" means a structure including, but not limited to, a corral or paddock for the keeping of horses for remuneration, hire or sale.
"Street" means a public or private way permanently dedicated or reserved as a primary means of access to abutting property.
"Street line" means the boundary line between street rights-of-way and abutting property. "Structure" means anything constructed or erected which requires a fixed location on the ground, including a building or sign pole or standard, but not including a fence or wall used as a fence, a patio, walk, driveway or raised planting bed.
"Structure, main" means a structure housing the principle use of a site or functioning as the principle use. "Structural alteration" means any change in the supporting members of a building, such as foundations, bearing walls, columns, beams, floor or roof joists, girders or rafters, or any change in the exterior dimensions of a building, excepting those changes which may result from providing minor repairs and building maintenance. "Supportive housing" means housing with no limit on length of stay, that is occupied by the target population and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing units are residential uses allowed in all zone districts that allow residential uses, subject only to those requirements, standards and restrictions that apply to other residential uses of the same type in the same zone district.
"Target population" means persons with low incomes who have one (1) or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the California Welfare and Institutions Code) and may include, among other populations, adults, emancipated Created: 2023-09-15 10:10:44 [EST]
(Supp. No. 20, 9-23)
minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people. "Trailer sales lot" means an open area where trailers are sold, leased or rented and where no repairs, repainting or remodeling are done.
"Trailer, utility" means a vehicle without motive power, designed and constructed to travel on the public thoroughfares in accordance with the provisions of the State Vehicle Code, and to be used only for carrying property.
"Transitional housing" means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six (6) months from the beginning of the assistance. Transitional housing units are residential uses allowed in all zones districts that allow residential uses, subject only to those requirements, standards and restrictions that apply to other residential uses of the same type in the same zone district. "Travel trailer" means a vehicle with or without motive power, designed and constructed to travel on the public thoroughfares in accordance with provisions of the State Vehicle Code, designed for human habitation, with no footing or foundation other than wheels and temporary stabilizing units, with exterior dimensions less than eight feet in width and less than forty (40) feet in length. The terms "camper" and "motor home" are included within the meaning of the term "travel trailer".
"Travel trailer parks" means a parcel, or contiguous parcels of land under single ownership, designed or intended to be used to accommodate travel trailers on a transient basis (one month continuous occupancy or less). "Use" means the purpose for which a site or structure is arranged, designed, intended, constructed, moved, erected, altered or enlarged or for which either a site or structure is or may be occupied or maintained. "Use, permitted" means a use which is listed as a permitted use in any given district in this title. Permitted uses need not meet special requirements as a condition precedent to be allowed to establish in a given district, except as required by the provisions of Chapters 17.56 and 16.64. "Use, conditional" means a use which is listed as a conditional use in any given district in this title.
Conditional uses may be required to meet certain requirements as a condition precedent to the granting of a use permit which will allow the establishing of a conditional use in any given district. "Wetland" means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. "Yard" means open and unoccupied space on a lot.
"Yard, front" means a yard, the depth of which is the minimum required horizontal distance between the front lot line and the line parallel thereto on the lot, which yard extends across the full width of the lot. "Yard, rear" means a yard, the depth of which is the minimum required horizontal distance between the rear lot line and a line parallel thereto on the lot, which yard extends across the full width of the lot. "Yard, side" means a yard, the width of which is the minimum required horizontal distance between the side lot line and a line parallel thereto on the lot, not including any portion of a required front yard or required rear yard.
(Ord. 2000-07 § 2, 2000; Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982) (Ord. No. 2015-05, § 5, 6-3-2015)
Title 17 - ZONING
Chapter 17.97 MEDICAL AND RECREATIONAL MARIJUANA REGULATION Kingsburg, California, Code of Ordinances Created: 2023-09-15 10:10:44 [EST] (Supp. No. 20, 9-23)
Chapter 17.97 MEDICAL AND RECREATIONAL MARIJUANA REGULATION6
17.97.010 Purpose and intent.
Acknowledging cannabis/marijuana continues to be recognized by the United States government as a Schedule 1 controlled substance the possession of which is a violation of United States Code Title 21, Chapter 13, Section 801 et seq., it is the purpose and intent of this chapter to promote the health, safety, morals, and general welfare of the residents and businesses within the city by regulating the cultivation, processing, extraction, manufacturing, testing, distribution, transportation, sale, and consumption of marijuana, whether for medical purposes as currently allowed under California law or for recreational use should recreational use become lawful under California law.
(Ord. No. 2016-006, § 1, 11-2-2016)
17.97.020 Definitions.
For purposes of this chapter, the following definitions shall apply:
"Act" means the Medical Marijuana Regulation and Safety Act, now called the Medical Cannabis Regulation and Safety Act, including implementing regulations, as the Act and implementing regulations may be amended from time to time. The terms Act, Medical Marijuana Regulation and Safety Act, Medical Cannabis Regulation and Safety Act, may be used interchangeably, but shall have the same meaning. "Cannabis" or "marijuana" shall have the meaning set forth in California Business and Professions Code Section 19300.5(f). Cannabis and marijuana may be used interchangeably, but shall have the same meaning. "Collective" or "cooperative cultivation" means the association of two (2) or more persons, including, without limitation, qualified patients, persons with valid identification cards, and designated primary care givers to cultivate marijuana for medical or other purposes.
"Commercial marijuana operation" means any commercial cannabis activity as set forth in California Business and Professions Code Section 19300.5(k) and allowed under the Act, and all uses permitted under any subsequently enacted California law pertaining to the same or similar uses for recreational cannabis. "Delivery" means the commercial transfer of medical or recreational use marijuana and marijuana products from any source as well as the use of any technology platform that enables persons, whether qualified patients, caregivers, or recreational users, to arrange for or facilitate the transfer and delivery of marijuana. "Marijuana collective" or "cooperative" means the association of two (2) or more persons including, without limitation, qualified patients, persons with valid identification cards, and designated primary caregivers, who collectively or cooperatively cultivate, use, sell, transport, process, administer, deliver, dispense, or give away marijuana for medical or other purposes.
"Marijuana dispensary" or "dispensary" means any facility or location, whether fixed or mobile, and any building or structure, where cannabis is made available to, distributed by, or distributed to persons or entities. 6Editor's note(s)—Ord. No. 2016-006, § 1, adopted Nov. 2, 2016, amended Ch. 17.97 in its entirety to read as herein set out. Former Ch. 17.97, §§ 17.97.010—17.97.060, pertained to medical marijuana dispensaries, cooperatives and cultivation, and derived from Ord. No. 2010-03, § 2, adopted Dec. 15, 2010.
Created: 2023-09-15 10:10:44 [EST]
(Supp. No. 20, 9-23)
"Marijuana products" means cannabis that has undergone a process whereby the plant material has been transformed into any form including, without limitation, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients. "Medical marijuana" or "medical marijuana use" means the use of cannabis for the purposes set forth in the Compassionate Use Act and the Medical Marijuana Program Act, California Health and Safety Code Sections 11362.5 and 11362.7 et seq.
"Person" means any individual, partnership, limited liability company, corporation, association, trust, joint venture, society, club or other organization or group of persons. "Recreational marijuana" or "recreational marijuana use" means all uses of cannabis not included within the definition of medical marijuana use.
(Ord. No. 2016-006, § 1, 11-2-2016)
17.97.030 Regulations applicable to the cultivation of medical marijuana.
To the extent the city is required to allow the cultivation of medical marijuana under California law, the requirements set forth in this Section 17.97.030 shall apply. Nothing in this section shall be interpreted to permit medical or commercial marijuana operations, collective or cooperative cultivation of marijuana, marijuana collectives or cooperatives or marijuana dispensaries otherwise prohibited by this chapter.
A. Personal Use Cultivation. Only an individual qualified patient or person with a medical marijuana identification card may cultivate medical marijuana in his/her private residence. Cultivation shall be limited to a maximum of six (6) marijuana plants. A primary caregiver shall only cultivate medical marijuana in the residence of a qualified patient or person with a medical marijuana identification card for whom he/she is the primary caregiver. Medical marijuana cultivation for personal use shall be subject to the following requirements:
1. Area. The medical marijuana cultivation area in the residence shall not exceed thirty-two (32) square feet measured by the canopy of the marijuana plants and not exceed ten (10) feet in height in the residence. This limit applies regardless of the number of qualified patients or persons with an identification card residing in the residence. The cultivation area shall be a single designated area in the residence.
2. Lighting. Medical marijuana cultivation lighting in the residence shall not exceed a total of twelve hundred (1,200) watts.
3. Building Code Requirements. Any alterations or additions to the residence shall be subject to applicable building and fire codes, including, without limitation, plumbing and electrical, and all applicable municipal code requirements, including, without limitation, lot coverage, setback and height requirements.
4. Gas Products. The use of gas products (CO 2 , butane, etc.) for medical marijuana cultivation or processing is prohibited.
5. Evidence of Cultivation. There shall be no exterior evidence of medical marijuana cultivation occurring on the site of the residence that can be seen from neighboring properties, public rightsof-way or other public spaces.
6. Residence. The qualified patient or person with an identification card shall reside in the residence where the medical marijuana cultivation occurs.
7. Cultivation Elsewhere in City. The qualified patient or person with an identification card shall not participate in medical marijuana cultivation in any other location within the city.
Created: 2023-09-15 10:10:44 [EST]
(Supp. No. 20, 9-23)
8. Incidental Use. The residence shall maintain kitchen, bathrooms, and primary bedrooms for their intended use and not be used primarily for medical marijuana cultivation.
9. Ventilation. The medical marijuana cultivation area shall include a ventilation and filtration system designed to ensure that odors from the cultivation and use of marijuana are not detectable beyond the inside walls of the residence and designed to prevent mold and moisture and otherwise protect the health and safety of persons residing in the residence. The ventilation system shall include at a minimum, a system meeting the requirements of the current, adopted edition of the California Building Code Section 1203.4 Natural Ventilation, or Section 402.3 Mechanical Ventilation (or its equivalent(s)).
10. Storage of Chemicals. Any chemicals used for medical marijuana cultivation shall be stored outside of the habitable areas of the residence and outside of public view from neighboring properties and public rights-of-way. Any and all chemicals must be used, stored and disposed of in compliance with all limitations, restrictions, conditions, standards, prohibitions, requirements, obligations, schedules and timetables contained in all environmental laws. As used in this chapter, the term "environmental laws" means any past, present or future federal, state or local statutory or common law, or any regulation, ordinance, code, plan, order, permit, grant, franchise, concession, restriction or agreement issued, entered, promulgated or approved thereunder, relating to: (i) the environment, human health or safety, including, without limitation, emissions, discharges, releases or threatened releases of hazardous materials (as defined below) into the environment (including, without limitation, air, surface water, groundwater or land); or (ii) the use, treatment, receipt, storage, disposal, transport, arranging for transport, or handling of hazardous materials. As used in this chapter, the term "hazardous materials" shall mean and include any and all hazardous or toxic materials, substances, chemicals or wastes as now or hereafter designated or regulated under any law, statute, ordinance, rule, regulation, order or ruling of any agency of the State of California, the United States Government or any local governmental authority.
11. Nuisance. The medical marijuana cultivation area shall not adversely affect the health or safety of the residents of the city by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts; and not be hazardous due to the use or storage of materials, chemicals, processes, products or wastes, or from other actions related to the cultivation.
12. Property Owner Authorization. For rental property, the tenant/lessee shall obtain written authorization and consent from the landlord/lessor prior to commencing cultivating medical marijuana at the residence. The landlord/lessor shall have the right to revoke such authorization and consent at any time. Upon the revocation of such authorization and consent, the cultivation of medical marijuana shall immediately terminate and all marijuana plants shall be immediately removed from the residence.
13. Notification. Prior to commencement of cultivation of medical marijuana within any residence the owner or landlord/lessor and tenant/lessee of the residence within which cultivation of medical marijuana will occur shall provide the Kingsburg Police Department with written notification ("notification"), using the notification form provided by the Kingsburg Police Department, of the intent to cultivate medical marijuana within the residence. Any person cultivating marijuana in their residence prior to the effective date of this chapter shall provide the notification required by this section to the Kingsburg Police Department within ten (10) days after the effective date of this chapter. Upon receipt of a notification, the Kingsburg Police Department shall direct the owner or landlord/lessee and tenant/lessee to the Kingsburg Planning Development to obtain a copy of this chapter and information regarding building code and permit requirements that may be applicable to the residence if alterations or additions to the residence are needed in order to comply with the provisions of this chapter. The Kingsburg Created: 2023-09-15 10:10:44 [EST]
(Supp. No. 20, 9-23)
Police Department and Planning Development shall keep patient information confidential to the extent required by law.
14. Posting of Physician Recommendation or Identification Card; Posting of Owner Authorization and Consent. A copy of a qualified patient physician recommendation or identification card shall be posted in a conspicuous place in the cultivation area for each patient residing in the residence that is cultivating medical marijuana. For rental properties, a copy of the owner's written authorization to cultivate marijuana within the residence shall also be posted in the same manner.
B. Collective or Cooperative Cultivation. The collective or cooperative cultivation of medical marijuana or the operation of a medical marijuana dispensary is prohibited in the city. (Ord. No. 2016-006, § 1, 11-2-2016)
17.97.040 Regulations applicable to the cultivation of recreational marijuana.
To the extent recreational marijuana use becomes legal under California law and the city is required to allow the cultivation of recreational marijuana under California law, the requirements set forth in Section 17.97.030 shall apply to the cultivation of recreational marijuana within a residence and upon the property where the residence is located.
A. California Law Requirements. In addition to the provisions of this chapter the cultivation of recreational marijuana shall be subject to all of the requirements set forth in California law.
B. Compliance with Medical Marijuana Personal Use Cultivation Requirements. All persons allowed under California law to cultivate recreational use marijuana shall be subject to and shall comply with the same rules, requirements, and limitations applicable to the personal use cultivation of medical marijuana set forth in this chapter.
(Ord. No. 2016-006, § 1, 11-2-2016)
17.97.050 Regulations applicable to marijuana operations, cooperatives, dispensaries and deliveries.
A. Commercial Marijuana Operations. Commercial marijuana operations as defined in Section 17.97.020 are prohibited within the city.
B. Collective or Cooperative Cultivation and Marijuana Collective or Cooperative. Collective or cooperative cultivation of marijuana as defined in Section 17.97.020 and marijuana collectives or cooperatives as defined in Section 17.97.020 are prohibited within the city.
C. Dispensaries. Marijuana dispensaries as defined in Section 17.97.020 are prohibited within the city.
D. Deliveries. The delivery of marijuana as defined in Section 17.97.020 is prohibited in the city regardless of whether the delivery is initiated within or outside of the city, and regardless of whether a technology platform is used for the ordering or delivery by the dispensary.
E. Exceptions. The following facilities providing medical marijuana to patients are not subject to the provisions of Section 17.97.050 B. provided the facilities operate in strict compliance with Health and Safety Code Sections 11362.5 and 11362.7 et seq., and all other California and local laws, including, without limitation, zoning, permitting, and licensing requirements:
1. A clinic licensed pursuant to Chapter 1 (commencing with Section 1200) of Division 2 of the Health and Safety Code.
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(Supp. No. 20, 9-23)
2. A health care facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code.
3. A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter
3.01 (commencing with Section 1568.01) of Division 2 of the Health and Safety Code.
4. A residential care facility for the elderly licensed pursuant to Chapter 3.2 (commencing with Section 1569) of Division 2 of the Health and Safety Code.
5. A residential hospice, or a home health agency licensed pursuant to Chapter 8 (commencing with Section 1725) of Division 2 of the Health and Safety Code. (Ord. No. 2016-006, § 1, 11-2-2016)
17.97.060 Regulations applicable to the consumption of marijuana.
No person shall smoke, ingest, or otherwise consume marijuana or marijuana products, whether recreational or medical, in the city unless such smoking, ingesting or consumption is allowed by California law and occurs entirely within a private residence. "Within a private residence" shall mean inside habitable areas and shall not include garages, whether attached or detached, and other accessory buildings. Except that, medical marijuana may be consumed within the facilities identified in Section 17.97.050 E. of this chapter.
All consumption of marijuana or marijuana products permitted by this chapter shall be done in a manner that does not constitute a nuisance or that is adverse to the health and safety of the public. (Ord. No. 2016-006, § 1, 11-2-2016)
17.97.070 Penalties and enforcement.
Violations of this chapter for conduct that is not otherwise considered lawful under California law shall be considered misdemeanors and punishable in accordance with Chapter 1.16 of the municipal code. Each and every day, or portion thereof, a violation exists shall be a separate offense. The city may also pursue any and all applicable civil and administrative remedies, including but not limited to injunctive relief and administrative citations to terminate such conduct.
(Ord. No. 2016-006, § 1, 11-2-2016)
17.97.080 Judicial review.
Judicial review of a decision made under this chapter may be had by filing a petition for a writ of mandate with the superior court in accordance with the provisions of the California Code of Civil Procedure Section 1094.5.
Any such petition shall be filed within ninety (90) days after the day the decision becomes final as provided in California Code of Civil Procedure Section 1994.6, which shall be applicable for such actions. (Ord. No. 2016-006, § 1, 11-2-2016)
17.97.090 Severability.
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this chapter or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this chapter. The city council hereby declares that it would have adopted this chapter, and each and every section, subsection, Created: 2023-09-15 10:10:44 [EST]
(Supp. No. 20, 9-23)
subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. (Ord. No. 2016-006, § 1, 11-2-2016)
Chapter 17.100 REPEALS AND CONSTITUTIONALITY
17.100.010 Inconsistent ordinances repealed.
All ordinances and parts of ordinances inconsistent with the provisions of this title are hereby repealed insofar as they are inconsistent with the provisions hereof. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
17.100.020 Constitutionality.
If any chapter, section, subsection, paragraph, clause or phrase of this chapter for any reason shall be held to be invalid or unconstitutional, the decision shall not effect the remaining portions of this title.
The city council of the city of Kingsburg hereby declares that it would have enacted this title and each chapter, section, subsection, paragraph, sentence, clause and phrase hereof, irrespective of the fact that any one or more chapters, sections, subsections, paragraphs, sentences, clauses or phrases are declared to be invalid or unconstitutional.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
1 RESOLUTION 2024-065
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KINGSBURG
APPROVING THE ZONING ORDINANCE AMENDMENTS AND CREATION OF THE
HOUSING ELEMENT IMPLEMENTATION OVERLAY FOR CERTAIN PARCELS AS REQUIRED BY THE KINGSBURG 2023-2031 HOUSING ELEMENT
WHEREAS, The City of Kingsburg 2023-2031 Housing Element has been found in substantial compliance with the State Housing and Community Development Department; and, WHEREAS, the State has policies, programs and actions that are required by Kingsburg to ensure that the Housing Element remains in compliance; and, WHEREAS the proposed required zoning ordinance amendments and the inclusion of four specific parcels with APNs 394-251-16, 394-251-17, 394-210-07 and 396-020-19 in the Housing Element Implementation Overlay will bring the city’s Housing Element into current compliance by December 31, 2024, and,
WHEREAS, the proposed changes to Title 17 of the Kingsburg Municipal Code and the creation of a Housing Element Implementation Overlay will have a positive impact on the City and its citizens by providing opportunities for additional housing options at a variety of income levels and bring the City into compliance with recent State legislation; and WHEREAS, the proposed zoning ordinance text amendments and the creation of a Housing Element Implementation Overlay does not trigger any of the conditions in CEQA Guidelines Section 15162 requiring preparation of a subsequent EIR, and the appropriate environmental document as authorized by CEQA Guidelines Section 15164(b) is an addendum. Therefore based upon CEQA review, the required CEQA document for the proposed zoning ordinance text amendments and the creation of a Housing Element Implementation Overlay was determined to be an addendum to the Kingsburg General Plan EIR under California Environmental Quality Act (CEQA) Guidelines Section 15164(b); and
WHEREAS, on December 4, 2024, the City Council held a duly and lawfully noticed public hearing to consider these items; and
WHEREAS, notice of said public hearing was published in the November 22, 2024 edition of The Business Journal; and
WHEREAS, the City Council, after reviewing and considering the staff report, exemption, and all evidence presented at the City Council’s meeting on December 4, 2024, including oral and written testimony received on the project, which is herein incorporated by reference.
NOW, THEREFORE, BE IT RESOLVED the Kingsburg City Council hereby:
1. Approves the CEQA determination for the action; and
2. Approves of the Zoning Ordinance
2 Amendments and the inclusion of four specific parcels with APNs 394-251- 16, 394-251-17, 394-210-07 and 396-020-19 in the Housing Element Implementation Overlay, and amending the text of the Kingsburg Municipal Code in substantially the form contained in Exhibit “A” attached hereto with deletions shown in strikethrough and additions shown in underline. *********************
PASSED AND ADOPTED Resolution 2024-065 at a regular meeting of the City Council of the City of Kingsburg duly called and held on the 4th day of December, 2024, by the following vote:
AYES: Council Member(s):
NOES: Council Member(s):
ABSENT: Council Member(s):
ABSTAIN: Council Member(s):
ATTEST: ________________________________
Abigail Palsgaard, City Clerk
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon Street, Suite 400
Sacramento, CA 95811
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
September 16, 2024
Alexander J. Henderson, City Manager
City of Kingsburg
1401 Draper Street
Kingsburg, CA 93631
Dear Alexander J. Henderson:
RE: City of Kingsburg’s 6th Cycle (2023-2031) Adopted Housing Element Thank you for submitting the City of Kingsburg’s (City) housing element that was adopted July 17, 2024 and received for review on July 18, 2024. Pursuant to Government Code section 65585, the California Department of Housing and Community Development (HCD) is reporting the results of its review.
HCD is pleased to find the adopted housing element in substantial compliance with State Housing Element Law (Gov. Code, § 65580 et seq) as of the date of this letter.
The adopted element was found to be substantially the same as the revised draft element that HCD’s April 11, 2024 review determined met statutory requirements.
Additionally, the City must continue timely and effective implementation of all programs including but not limited to the following:
• Program 1 (Regional Collaboration on Housing Opportunities) • Program 3 (Homeless/Unhoused Needs)
• Program 5 (Residential in Highway Commercial District) • Program 6 (Annexation Area)
• Program 8 (Affordable Housing Incentives)
• Program 9 (Support Funding for Farmworker Housing)
• Program 10 (Farmworker Preference in New Affordable Housing) • Program 13 (Encourage and Facilitate Accessory Units) • Program 16 (Zoning Code Amendments)
• Program 17 (Growth Management System)
• Program 18 (Reasonable Accommodation)
• Program 22 (Objective Design Standards)
• Program 30 (Improve Access to Resources)
• Program 31 (Neighborhood Improvement)
• Program 32 (Housing Co-Located with Religious and Community Facilities) Alexander J. Henderson, City Manager
For example, Program 16 (Zoning Code Amendments), among other provisions, commits to address the lower-income regional housing need allocation (RHNA) shortfall of capacity and rezone sites to permit housing developments with 20 percent affordability without discretionary action. For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), as the City did not adopt a compliant housing element within 120 days of the statutory deadline (December 31, 2023). As a result, Program 16 (Zoning Code Amendments) must be completed no later than one year from the statutory deadline. Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i).
The City must monitor and report on the results of these and other programs through the annual progress report, required pursuant to Government Code section 65400.
Please be aware, Government Code section 65585, subdivision (i) grants HCD authority to review any action or failure to act by a local government that it determines is inconsistent with an adopted housing element or housing element law. This includes failure to implement program actions included in the housing element. HCD may revoke housing element compliance if the local government’s actions do not comply with state law.
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant, the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities program, and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City now meets housing element requirements for these and other funding sources.
For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.
Alexander J. Henderson, City Manager
HCD appreciates the assistance and dedication provided by the housing element update team throughout the housing element update and review. HCD wishes the City of Kingsburg success in implementing its housing element and looks forward to following its progress through the General Plan annual progress reports pursuant to Government Code section 65400. If HCD can provide assistance in implementing the housing element, please contact Gene DeGuzman, of our staff, at [email protected].
Sincerely,
Paul McDougall
Senior Program Manager
April 2024 | General Plan EIR Addendum
ADDENDUM TO THE GENERAL PLAN EIR
FOR THE
2023–2031 HOUSING ELEMENT UPDATE
City of Kingsburg
Prepared for:
City of Kingsburg
Holly Owen, Community Development Director
[email protected]
1401 Draper Street
Kingsburg, CA 93631
Prepared by:
PlaceWorks
Contact: Amy Sinsheimer
[email protected]
101 Parkshore Drive, Suite 200
Folsom, California 95630
[email protected]
www.placeworks.com
A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E 2 0 2 3 – 2 0 3 1 H O U S I N G E L E M E N T U P D A T E
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Table of Contents
April 2024 Page i
Section Page
1. ADDENDUM TO THE ADOPTED GENERAL PLAN EIR............................................................... 1
1.1 Background .............................................................................................................................................................. 1
1.2 General Plan EIR.................................................................................................................................................... 2
1.3 Project Summary..................................................................................................................................................... 2
1.4 Purpose of an EIR Addendum.......................................................................................................................... 32
2. CEQA ANALYSIS .......................................................................................................................... 35
2.1 Environmental Analysis....................................................................................................................................... 35
2.2 Finding .................................................................................................................................................................... 37
3. REFERENCES............................................................................................................................... 41 Table Page
Table 1 Progress Toward RHNA........................................................................................................................................................ 2 Table 2 Summary of Program Changes Between Existing Housing Element and 2023–2031 Housing Element.............. 3 A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E 2023 – 2031 H O U S I N G E L E M E N T U P D A T E
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April 2024 Page 1
1.Addendum to the Adopted General Plan EIR
1.1 Background
The City of Kingsburg is participating with other cities in Fresno County to update its Housing Element as part of the Fresno County Multi-Jurisdictional 2023-2031 Housing Element. The Housing Element is a Statemandated policy document that is a component of the City of Kingsburg General Plan. The proposed 6th cycle 2023–2031 Housing Element will replace the existing 2015–2023 Housing Element and serve as Kingsburg’s (City’s) guiding policy document that meets future needs of housing for all the City’s economic levels. The Housing Element is one of eight elements of the City’s General Plan.
The General Plan is the foundation development policy document of the City of Kingsburg. It defines the framework by which the physical, economic, and human resources of the City are to be managed and used over time. The General Plan acts to clarify and articulate the intentions of the City with respect to the rights and expectations of the public, property owners, and prospective investors and business interests. The General Plan informs these citizens of the goals, objectives, policies, and standards for development of the City and the responsibilities of all sectors in meeting these. As a policy document, the Housing Element does not result in physical changes to the environment but encourages the development of housing at all income levels consistent with the residential designations shown in the Land Use Element of the General Plan. The City has a number of engineering standards and a Municipal Code that address the physical act of construction.
This document serves as the environmental documentation for the adoption of the City’s proposed 2023–2031 Housing Element update. This addendum to the City of Kingsburg’s North Specific Plan General Plan EIR (State Clearinghouse No. 2002091042) (General Plan EIR) demonstrates that the analysis in the General Plan EIR adequately addresses the potential physical impacts associated with housing built consistent with the Land Use Element of the General Plan. The General Plan EIR is updated to the City’s proposed 2023–2031 Housing Element update.
1.1.1 Meeting Kingsburg’s RHNA
California Government Code Section 65584 requires that each city and county plan to accommodate a fair share of the region’s housing construction needs. The Fresno Council of Governments (FCOG) prepares the RHNA for the region based on existing and projected regional trends in population growth, household sizes, job accessibility, and transportation access. While the City must plan for and help facilitate the development of 882 new homes in the community, it is not obligated to build these units. Because projects often vary in size and density, and to comply with the state No-Net-Loss housing law, the City identifies a “surplus of housing sites” available to meet the City’s RHNA allocation. As shown in Table 1-1, Progress Toward RHNA, the City’s surplus unit capacity is 50—29 very low-income/low-income units, 2 moderate-income units, and 19 above moderate-income units. As shown in Table 1, the City of Kingsburg’s Housing Element sites inventory identifies 587 suitable vacant sites, 220 pipeline projects, 104 pending annexation, and 21 projected accessory dwelling units to meet the City’s RHNA.
A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E 2023 – 2031 H O U S I N G E L E M E N T U P D A T E
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1. Addendum to the Adopted General Plan EIR
Table 1 Progress Toward RHNA
Income
Category RHNA
Vacant Site
Capacity
Pipeline
Projects
Pending
Annexation
Projected
ADUs
Total
Capacity
RHNA
Surplus
Very Low 248
355 70 0 13 438 29
Low 161
Moderate 150 146 0 0 6 152 2
Above Moderate 323 86 150 104 2 342 19
Total 882 587 220 104 21 932 50
1.2 GENERAL PLAN EIR
The General Plan EIR addresses the General Plan Amendments, pre-zoning, sphere of influence boundary changes, Specific Plan for North Kingsburg, and future proposals for annexation under the Specific Plan combined as a "Program EIR" representing the second level of a tiering process that began with the certification of the EIR prepared for the update of the General Plan in 1992, and as amended in 1996 to allow for westerly urban expansion (Kingsburg 2004).
The General Plan EIR determined that implementation of the General Plan would result in significant and unavoidable impacts related to the following environmental topics:
Agricultural Resources
▪ Incremental increases in the permanent loss of agricultural land to urbanization beyond that covered by the 1992 and 1996 General Plan EIRs.
Air Quality
▪ Incremental increases in the annual quantities of vehicle and stationary emissions of air pollutants that will be released to the atmosphere each year as vehicle traffic and urbanization increase beyond that covered by the 1992 and 1996 General Plan EIRs.
1.3 PROJECT SUMMARY
1.3.1 2023-2031 Housing Element Update
CEQA requires the City to evaluate the environmental impacts associated with physical environmental changes.
In this instance, most of the programs from the previous Housing Element are continued through to the proposed Housing Element. The proposed Housing Element includes 32 total programs, 19 of which are amended, and 13 are new. Table 2, Summary of Program Changes Between Existing Housing Element and Proposed Housing Element, displays the individual program changes between the existing Housing Element and the proposed Housing Element.
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1. Addendum to the Adopted General Plan EIR
April 2024 Page 3
Table 2 Summary of Program Changes Between Existing Housing Element and 2023–2031 Housing Element Program Implementation Status Continue, Modify, Delete
Program 1: Regional Collaboration on Housing Opportunities The Multi-Jurisdictional Housing Element provides an opportunity for countywide housing issues and needs to be more effectively addressed at the regional level rather than just at the local level, and the 13 participating jurisdictions are committed to continuing the regional collaboration in the implementation of the Housing Element.
By working together, the jurisdictions can share best practices, explore opportunities for further collaboration, and make the best use of limited resources.
Timeframe and Objectives:
▪ The County of Fresno Public Works and Planning Department, with assistance of the Fresno COG, will take the lead in coordinating the Countywide Fifth Cycle Housing Element Committee meetings. ▪ Continue to participate in the Countywide Housing Element Technical Committee to collaborate on housing program implementation and regional issues including, disadvantaged unincorporated communities (SB 244), infrastructure challenges, farmworker housing, homelessness, and fair housing.
▪ The Committee will meet at least biannually to evaluate successes in implementation of programs and to identify gaps and additional needs. ▪ The Committee will meet annually with the California Department of Housing and Community Development (HCD) to discuss funding opportunities and challenges in implementation of programs and seek technical assistance from HCD and other State agencies in the implementation of housing programs and the pursuit of grant funding.
▪ The Committee will meet periodically with Fair Housing of Central California to discuss fair housing issues and opportunities for education. ▪ The Committee will advocate on behalf of the Fresno County region for more grant funding for affordable housing and infrastructure improvements. ▪ Continue to seek partnerships with other jurisdictions in the region and other agencies (such as the Housing Authority), housing developers, community stakeholders, and agricultural employers/employees to explore viable options for increasing the availability of farmworker housing in suitable locations in the region.
▪ Develop a directory of services and resources for lower-income households available in the region, and review and update it annually. Make the directory available on City/County websites and at City/County offices.
City staff meets on a quarterly basis with the Countywide Housing Element Technical Committee as an opportunity to collaborate and share successes to best implement the program elements. The City also meets with Fresno COG on a monthly basis to review and discuss housing element milestones and objectives.
Through the Committee and individually, the City has sought input from HCD and will continue to do so regarding grant funding opportunities, particularly for SB 2.
The City works with other jurisdictions in Fresno County and the Fresno Housing Authority to identify opportunities for housing and refers lower-income households to the Housing Authority for services and resources.
The County has also worked with developers of affordable housing and stakeholders to explore options for development of affordable housing. Kingsburg has been successful in processing a tax-credit project for 47 senior housing units for the Fresno County Housing Authority. The City also works closely with Fresno County Public Works and Planning regarding HUDrelated activities and provides related updates to the City Council.
Modify.
See new Program 1.
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1. Addendum to the Adopted General Plan EIR
Program Implementation Status Continue, Modify, Delete
Program 2: Review Annexation Standards in Memorandum of Understanding All jurisdictions in Fresno County are subject to the City-County Memorandum of Understanding (MOU), which establishes procedures for annexation of land to cities.
The City/County MOU encourages urban development to take place within cities and unincorporated communities in an effort to preserve agricultural land. The MOU standards for annexation require that development be imminent and a minimum of 50 percent of annexation areas have an approved tentative subdivision map or site plan.
While cities can take certain steps to “prezone” land in advance of annexation, the annexation of the land into the city limits is dependent upon private developers to request an annexation.
Timeframe and Objectives:
▪ During the Housing Element planning period, the County of Fresno and the cities within the County shall work together to review and revise, as deemed appropriate by all parties, the standards for annexation contained in the Memorandum of Understanding between the County and the cities.
The City of Kingsburg processed five annexations with the County of Fresno. Approximately 250 residential units have been permitted in these annexed areas. The City complied with the County's MOU when these annexations were processed. The City worked with the County to update and adopt a new MOU in January 2022.
Modify.
See new Program 2.
Program 3: Provision of Adequate Sites
The City of Kingsburg will provide for a variety of housing types and ensure that adequate sites are available to meet its Regional Housing Needs Allocation (RHNA) of 374 units. As part of this Housing Element update, the City has developed a parcelspecific inventory of sites suitable for future residential development. The suitability of these sites has been determined based on the development standards in place and their ability to facilitate the development of housing to meet the needs of the City’s current and future residents.
Timeframe and Objectives:
▪ Maintain and annually update the inventory of residential land resources. ▪ Provide the updated inventory on City website and make copies available upon request.
▪ Promote the use of Form Based Code in the downtown area by providing technical assistance to interested developers.
▪ Monitor development and other changes in the inventory to ensure the City has remaining capacity consistent with its share of the regional housing need. ▪ Actively participate in the development of the next RHNA Plan to better ensure that the allocations are reflective of the regional and local land use goals and policies.
The City has processed five subdivisions since 2016, amounting to over 450 residential lots, and approved two projects with the Fresno County Housing Authority. The first was a 48-unit affordable tax credit project and the second a 47-unit senior housing project, approved in 2019. In addition, the City has approved two tax credit housing projects in partnership with the Fresno County Housing Authority. Since 2016, the City has continued to utilize its form-based code to promote mixed use development in its downtown. The form-based code resulted in the Stone Plaza 10-unit project that is currently (2023) under construction. A representative from City Council participated in the RHNA Plan development process for the 6th cycle.
Modify, combine with
Program 4.
See new Program 4.
A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E 2023 – 2031 H O U S I N G E L E M E N T U P D A T E
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1. Addendum to the Adopted General Plan EIR
April 2024 Page 5
Program Implementation Status Continue, Modify, Delete
Program 4: Monitoring of Residential Capacity (No Net Loss) The City will monitor the consumption of residential acreage and development on nonresidential sites included in the inventory to ensure an adequate inventory is available to meet the City’s RHNA obligations. To ensure sufficient residential capacity is maintained to accommodate the RHNA, the City will develop and implement a formal ongoing (project-by-project) evaluation procedure pursuant to Government Code Section 65863. Should an approval of development result in a reduction of capacity below the residential capacity needed to accommodate the remaining need for lowerincome households, the City will identify and if necessary rezone sufficient sites to accommodate the shortfall and ensure “no net loss” in capacity to accommodate the RHNA.
Timeframe and Objectives:
▪ Develop and implement a formal evaluation procedure pursuant to Government Code Section 65863.
▪ Monitor and report through the HCD annual report process. ▪ If rezoning/upzoning is required to replenish the sites inventory for meeting the RHNA shortfall, the sites shall be adequate in size to accommodate at least 16 units per site at a minimum density of 20 units per acre and shall be rezoned within two years.
In 2018, the City approved a downtown project that included commercial space and five residential units. In 2020, the City also approved the 10-unit Stone Plaza mixed-use project that is currently (2022) under construction. The City continues to have sufficient land to support residential development to meet the RHNA. A representative from City Council participated in the RHNA Plan development process for the 6th cycle.
Modify, combine with
Program 3.
See new Program 4.
Program 5: Lot Consolidation and Lot Splits
The City of Kingsburg’s vacant sites inventory is primarily comprised of smaller parcels of less than half acre, potentially constraining residential development, especially to multifamily development. The City will encourage lot consolidation to promote the efficient use of land for residential development pursuant to the Subdivision Map Act.
Timeframe and Objectives:
▪ Assist interested developers/property owners in identifying opportunities for lot consolidation.
▪ Continue to process requests for lot consolidation concurrent with other development reviews.
▪ Annually monitor lot consolidation activities as part of the City annual report to HCD on Housing Element progress and evaluate if City efforts are effective in facilitating lot consolidation of small sites for residential development. If appropriate, make necessary changes to facilitate lot consolidation.
The City continuously assists interested developers and property owners in identifying opportunities for lot consolidation; however, no lot consolidations were initiated during the planning period.
The City annually monitors lot consolidation activities as part of its Housing Element annual progress report to HCD and
evaluates if the City’s efforts are effective in facilitating lot consolidation for residential development. When appropriate, the City makes necessary changes to facilitate lot consolidation, though no changes were needed during the 5th cycle planning period. The City will continuously process requests for lot consolidation concurrently with other development reviews, if needed.
Modify.
See new Program 19.
A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E 2023 – 2031 H O U S I N G E L E M E N T U P D A T E
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1. Addendum to the Adopted General Plan EIR
Program Implementation Status Continue, Modify, Delete
Program 6: Water and Wastewater Capacity
The development viability of the vacant sites in the inventory is directly linked to the availability and capacity of public facilities and services. The City continues to work to address water supply issues and infrastructure capacity limitations.
Additionally, California Government Code Section 65589.7 requires water and sewer providers to establish specific procedures and grant priority water and sewer service to developments with units affordable to lower-income households. The statute also requires local governments to immediately deliver the housing element to water and sewer providers. The City of Kingsburg is the water service provider; the SelmaKingsburg-Fowler County Sanitation District (SKF) provides sewer service in the City.
Timeframe and Objectives:
▪ Continue to monitor water and wastewater capacity and make improvements, as appropriate and feasible, to better serve existing development and strive to accommodate the RHNA.
▪ Establish procedures by the end of 2016 for granting priority water and sewer service to developments with lower-income units in compliance with California Government Code Section 65589.7.
Each year, the City confirmed that the SKF wastewater treatment plant continues to have ample capacity to serve the sewer needs throughout the service area, including Kingsburg, Fowler, and Selma. The City monitors the wastewater treatment plant’s permit capacity on an annual basis. In 2016, sewer and water were available to a 48-unit Fresno County Housing Authority project, a tax-credit project.
Modify.
See new Program 7.
Program 7: Affordable Housing Incentives
The City continues to have needs for affordable housing for lower-income households, especially for seniors, disabled (including persons for developmental disabilities), the homeless, and those at imminent risk of becoming homeless. The City will continue to work with housing developers to expand affordable housing opportunities in the community.
Timeframe and Objectives:
▪ Maintain a list of interested developers and annually contact developers to explore affordable housing opportunities.
▪ Continue to promote the State density bonus, flexible development standards, and other incentives to facilitate affordable housing development by publicizing the incentives on City website and by conducting pre-application consultation with developers regarding incentives available. ▪ Continue to streamline the environmental review process for housing developments to the extent possible, using available state categorical exemptions and federal categorical exclusions, when applicable.
The City works with developers to identify sites that are zoned for residential development. In 2018, the City worked with Tulare County to process a planned unit development, including 8 lots for multifamily development and 150 single family residential lots outside of city limits. The City works closely with any developer, regardless of the proposed housing type, and maintains a strong partnership with Fresno Housing Authority. Kingsburg’s North Kingsburg Specific Plan provides flexibility for development, including small lots, reduced setbacks, and alley-loaded garages.
The City has also annexed five residentially zoned lands, three of which are suitably zoned to accommodate affordable housing units. The City is working with the Fresno County Housing Authority and any other developer that would offer a tax-credit project. The City's ongoing work with the Fresno County Housing Authority aims to provide low-income housing for disabled persons, farmworkers, and seniors, and the City continues to search for funding opportunities to provide housing for lowerincome households and special needs populations.
Modify.
See new Program 8.
A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E 2023 – 2031 H O U S I N G E L E M E N T U P D A T E
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1. Addendum to the Adopted General Plan EIR
April 2024 Page 7
Program Implementation Status Continue, Modify, Delete
▪ Annually pursue State, Federal and other funding opportunities to increase the supply of safe, decent, affordable housing in Kingsburg for lower-income households (including extremely low-income households), such as seniors, disabled (including persons with developmental disabilities), farmworkers, the homeless, and those at risk of homelessness.
▪ Annually contact affordable housing developers to explore affordable housing opportunities.
▪ Expand the City’s affordable housing inventory by 80 units over the next eight years (including the 46-unit Marion Villas Apartments) – 10 extremely lowincome, 30 very low-income, and 40 low-income units.
The City coordinated with the Fresno County Housing Authority to complete a 47-unit senior housing tax credit project, which began construction in 2020. The City continually streamlines housing projects and provides density bonuses in compliance with state law. The Marion Villa project (5 units affordable to 30 percent AMI and 40 units affordable to 50 to 60 percent AMI) along with the Housing Authority's pending 47-unit project (5 market rate units, 18 units affordable to 50 to 80 percent AMI, and 23 units affordable to 30 to 49 percent AMI) led to the 80-unit objective being exceeded. The City continues to use Categorical Exemptions or Negative Declarations when preparing
environmental documents for proposed housing developments.
Program 8: Farmworker Housing
The farming industry is the foundation of the County’s economy base. According to the USDA, National Agricultural Statistics Service (NASS) 2012, about 58,600 workers were employed in farm labor throughout the County, indicating a significant need to provide housing for farmworkers and their families, particularly during peak harvest seasons.
Timeframe and Objectives:
▪ Continue to support and encourage other agencies and housing developers, such as the Fresno Housing Authority and Self-Help Enterprises, in the application of funds for farmworker housing, including State HCD and USDA Rural Development loans and grants and other funding sources that may become available.
▪ Continue to offer incentives such as gap financing (as funding is available), density bonus, streamlined processing to facilitate the development of farmworker housing.
▪ Annually monitor the status of farmworker housing as part of the City’s annual report to HCD on Housing Element progress and evaluate if City efforts are effective in facilitating the provision of farmworker housing. If appropriate, make necessary changes to enhance opportunities and incentives for farmworker housing development.
The City makes streamlined processing, density bonuses, and other incentives available to all residential developers. While farmworker housing has not been provided within city limits, many farmworkers are eligible for housing assistance through the Fresno County Housing Authority. The City continues to work with the Fresno County Housing Authority to provide low-income housing for persons with disabilities, farmworkers, and seniors and expand the supply of tax-credit projects. To aid in development of affordable housing, the North Kingsburg Specific Plan provides flexibility to include small lots, reduced setbacks, and alley-loaded garages.
Modify.
See new Program 9.
A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E 2023 – 2031 H O U S I N G E L E M E N T U P D A T E
C I T Y O F K I N G S B U R G
1. Addendum to the Adopted General Plan EIR
Program Implementation Status Continue, Modify, Delete
Program 9: Preserving Assisted Housing
Preserving the existing affordable housing stock is a cost-effective approach to providing affordable housing in Kingsburg. The City must guard against the loss of housing units available to lower-income households. This City has a total of 187 publicly assisted rental units in three projects. In addition, a new 46-unit senior housing development is under construction. No publicly assisted rental housing units are considered at risk of converting to market-rate housing before December 31, 2025 Timeframe and Objectives:
▪ Continue to monitor status of affordable housing projects. If projects become at risk of converting to market-rate housing:
o Monitor the status of any Notice of Intent and Plan of Action filed by property owners to convert to market-rate units.
o Identify nonprofit organizations as potential purchasers/managers of atrisk housing units. o Explore funding sources available to purchase affordability covenants on at-risk projects, transfer ownership of at-risk projects to public or nonprofit agencies, purchase existing buildings to replace at-risk units, or construct replacement units.
o Ensure the tenants are properly noticed and informed of their rights and eligibility to obtain special Housing Choice Vouchers reserved for tenants of converted HUD properties.
The City monitors assisted housing projects to ensure that affordable housing are not converted to market-rate housing.
Currently, the majority of affordable projects are deed restricted.
Due to limited staff capacity, the City has not explored funding sources to purchase affordability covenants on at-risk projects.
However, there were no Notices of Intent to convert to market rate submitted to the City that would have resulted in a potential need for acquisition or transfer of ownership. Therefore, there have not been any converted HUD properties, and therefore tenants have not needed information regarding special housing vouchers.
Modify.
See new Program 12.
Program 10: Accessory Units (Second Units)
A second unit (sometimes called an “accessory dwelling unit” or “granny flat”) is an additional self-contained living unit either attached to or detached from the primary residential unit on a single lot. It has cooking, eating, sleeping, and full sanitation facilities. Second units can be an important source of affordable housing given that they are generally less expensive to construct due to their typically smaller sizes and no associated land costs.
Timeframe and Objectives:
▪ By 2019, consider fee reductions for second units and implement a public education program advertising the opportunity for second units through the City website and at the planning counter.
The City deploys a 25 percent permit fee reduction for all projects. The City is in the process of amending its zoning ordinance to comply with State planning law, which is expected to be completed in late 2023. The City processed three ADU developments in 2021.
Modify.
See new Program 13.
A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E 2023 – 2031 H O U S I N G E L E M E N T U P D A T E
C I T Y O F K I N G S B U R G
1. Addendum to the Adopted General Plan EIR
April 2024 Page 9
Program Implementation Status Continue, Modify, Delete
Program 11: Zoning Code Amendments
In compliance with State laws, the City will amend its Zoning Code to address the provision of a variety of housing options, especially housing for special needs groups.
Specifically, the City will amend the Zoning Code to address the following:
▪ Density Bonus: Consistent with Government Code, a density bonus up to 35 percent over the otherwise maximum allowable residential density under the applicable zoning district will be available to developers who provide affordable housing as part of their projects. Developers of affordable housing will also be entitled to receive incentives on a sliding scale to a maximum of three, where the amount of density bonus and number of incentives vary according to the amount of affordable housing units provided. ▪ Farmworker/Employee Housing: Comply with the Employee Housing Act which requires farmworker housing up to 12 units or 36 beds be considered an agricultural use and permitted in any zone that permits agricultural uses, and employee housing for six or fewer employees are to be treated as a single family structure and permitted in the same manner as other dwellings of the same type in the same zone.
▪ Reasonable Accommodation: Establish a reasonable accommodation procedure to provide flexibility in policies, rules, and regulations in order to allow persons with disabilities access to housing.
▪ Definition of Family: Remove the definition of family in the Zoning Code, or amend the definition to ensure it does not differentiate between related and unrelated individuals, or impose a numerical limit on the number of persons in a family.
▪ Manufactured Homes: Amend the Zoning code to subject permanently sited manufactured homes built to the HUD Code to the same rules as site-built homes in the same zones. Currently manufactured homes are subject to an Administrative Review where site-built homes are permitted by right. ▪ Single-Room Occupancy (SRO) Housing: Amend the Zoning Code to address the provision of SRO housing.
▪ Small Residential Care Facilities: Amend the Zoning Code the address the provision of small residential care facilities in the RA zone.
Timeframe and Objectives:
▪ Amend Zoning Code to address State law requirements within two years of Housing Element adoption.
▪ Annually review the effectiveness and appropriateness of the Zoning Code and process any necessary amendments to remove or mitigate potential constraints to the development of housing.
Due to limited staff capacity, the City has not amended the zoning code to remove administrative approval requirements for manufactured homes, identified a zone to permit SRO housing, addressed the provision of small residential care facilities, amended where farmworker housing is permitted, or adopted a reasonable accommodation ordinance. However, the City has removed the definition of family to ensure it does not differentiate between related and unrelated individuals or impose a numerical limit on the number of persons in a family, and the City implements density bonuses in compliance with State law.
Modify.
See new Program 16.
A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E 2023 – 2031 H O U S I N G E L E M E N T U P D A T E
C I T Y O F K I N G S B U R G
1. Addendum to the Adopted General Plan EIR
Program Implementation Status Continue, Modify, Delete
Program 12: Monitoring of Growth Management System
Pursuant to State law, the City must ensure that its policies and regulations governing residential in the City do not preclude the City from meeting its RHNA for all income levels. The City’s current Growth Management System provides adequate allocations to meet the overall RHNA. The City will monitor its annual and cumulative allocations to ensure that remaining allocations can accommodate its RHNA for all income levels.
Timeframe and Objectives:
▪ As part of the City’s annual allocation process, monitor the remaining allocations available. As necessary to meet the City’s RHNA for all income levels, consider prioritizing allocations to projects that help meet the City’s RHNA.
▪ By 2018 and at least bi-annually, monitor and modify as appropriate, the Growth Management System to ensure that the allocation process does not unduly constrain housing development in the community.
Since 2016, the City has issued allocations for over 500 single family dwellings and 78 multifamily units. The City's Growth Management System has not restricted any residential
development, either single family or multifamily.
Continue.
See new Program 17.
Program 13: Monitoring of Planning and Development Fees The City charges various fees to review and process development applications. Such fees may add to the cost of housing development.
Timeframe and Objectives:
▪ Continue to monitor the various fees charged by the City to ensure they do not unduly constrain housing development.
▪ As appropriate, consider incentives such as deferred or reduced fees to facilitate affordable housing development.
The City reviews fees on an annual basis. The City also offers a 25 percent reduction or more on impact fees for all new construction. The Stone Plaza 10-unit mixed-use project received a 90 percent reduction on impact fees for the residential portion of the project.
Modify.
See new Program 20.
Program 14: Fresno County Housing Assistance Rehabilitation Program (HARP) This program provides loans to qualifying homeowners in the unincorporated County and participating cities for the improvement of their homes. The City of Kingsburg is a participating city. Eligible improvements include energy efficiency upgrades and installations, health and safety and hazard corrections, and accessibility modifications.
Loan terms under this program vary according to household income and the improvements and repairs that are needed.
Timeframe and Objectives:
▪ Promote available housing rehabilitation resources on the City website and public counters.
▪ Refer interested households to County program with the goal of assisting four low-income households during the planning period.
The City refers homes in need of rehabilitation to the County by promoting resources and assistance on the City’s website and social media in English and Spanish. Staff turnover and limited funding for staff time have precluded the ability to consistently track and report program outcomes. The City will continue to seek ways to implement programs efficiently and create systems for record keeping.
Modify.
See new Program 23.
A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E 2023 – 2031 H O U S I N G E L E M E N T U P D A T E
C I T Y O F K I N G S B U R G
1. Addendum to the Adopted General Plan EIR
April 2024 Page 11
Program Implementation Status Continue, Modify, Delete
Program 15: Fresno County Rental Rehabilitation Program (RRP) This program provides no interest loans to qualifying property owners in the unincorporated County and participating cities for making improvements to their rental properties. The City of Kingsburg is a participating city. Eligible improvements include repairing code deficiencies, completing deferred maintenance, lead-based paint and asbestos abatement, HVAC repairs, energy efficiency upgrades, accessibility modifications, and kitchen and bathroom upgrades.
Timeframe and Objectives:
▪ Promote available housing rehabilitation resources on the City website and public counters.
▪ Refer interested property owners to County program.
The City refers homes in need of rehabilitation to the County by promoting resources and assistance on the City’s website and social media in English and Spanish. Staff turnover and limited funding for staff time have precluded the ability to consistently track and report program outcomes. The City will continue to seek ways to implement programs efficiently and create systems for record keeping.
Modify.
See new Program 24.
Program 16: Code Enforcement
The City’s Building Division is in charge of enforcing the City’s building codes with the objective of protecting the health and safety of residents.
Timeframe and Objectives:
▪ Continue to utilize code enforcement and substandard abatement processes to bring substandard housing units and residential properties into compliance with city codes.
▪ Refer income-eligible households to County housing rehabilitation programs for assistance in making the code corrections.
The City utilizes the Substandard Housing Code to abate substandard housing in Kingsburg and refers households that require significant rehabilitation to the County to utilize the County's rehabilitation programs. Staff turnover and limited funding for staff time have precluded the ability to consistently track and report program outcomes. The City will continue to seek ways to implement programs efficiently and create systems for record keeping.
Modify.
See new Program 25.
Program 17: Fresno County Homebuyer Assistance Program (HAP) City of Kingsburg participates in the County’s Homebuyer Assistance Program. This program assists lower-income families with purchasing their first home by providing a zero interest, deferred payment loan that does not exceed 20 percent of the purchase price of the single family residence (plus loan closing costs). Households earning up to 80 percent AMI in unincorporated Fresno County and participating cities are eligible for this program.
Timeframe and Objectives:
▪ Promote available homebuyer resources on the City website and public counters.
▪ Refer interested households to County program with the goal of assisting four households.
The City utilizes materials available through the County HOME programs. Information is made available on the City’s website.
Staff turnover and limited funding for staff time have precluded the ability to consistently track and report program outcomes.
The City will continue to seek ways to implement programs efficiently and create systems for record keeping.
Modify, combine with
Program 18.
See new Program 26.
A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E 2023 – 2031 H O U S I N G E L E M E N T U P D A T E
C I T Y O F K I N G S B U R G
1. Addendum to the Adopted General Plan EIR
Program Implementation Status Continue, Modify, Delete
Program 18: First-Time Homebuyer Resources
Kingsburg residents have access to a number of homebuyer assistance programs offered by the California Housing Finance Agency (CalHFA):
▪ Mortgage Credit Certificate (MCC): The MCC Tax Credit is a federal credit which can reduce potential federal income tax liability, creating additional net spendable income which borrowers may use toward their monthly mortgage payment. This MCC Tax Credit program may enable first-time homebuyers to convert a portion of their annual mortgage interest into a direct dollar for dollar tax credit on their U.S. individual income tax returns. ▪ CalPLUS Conventional Program: This is a first mortgage loan insured through private mortgage insurance on the conventional market. The interest rate on the CalPLUS Conventional is fixed throughout the 30-year term. The CalPLUS Conventional is combined with a CalHFA Zero Interest Program (ZIP), which is a deferred-payment junior loan of three percent of the first mortgage loan amount, for down payment assistance.
▪ CalHFA Conventional Program: This is a first mortgage loan insured through private mortgage insurance on the conventional market. The interest rate on the CalHFA Conventional is fixed throughout the 30-year term.
CalHFA loans are offered through local loan officers approved and trained by CalHFA.
Timeframe and Objectives:
▪ Promote available homebuyer resources on City website and public counters in 2016.
▪ Annually review funding resources available at the state and federal levels and pursue as appropriate to provide homebuyer assistance.
The City continues to investigate first-time homebuyer programs and makes information available on the City’s website and at public counters. This program will be modified to ensure effectiveness in the future. Staff turnover and limited funding for staff time have precluded the ability to consistently track and report program outcomes. The City will continue to seek ways to implement programs efficiently and create systems for record keeping.
Modify, combine with
Program 17.
See new Program 26.
Program 19: Energy Conservation
The City promotes energy conservation in housing development and rehabilitation.
Timeframe and Objectives:
▪ Consider incentives to promote green building techniques and features in 2017, and as appropriate, adopt incentives in 2018.
▪ Continue to promote and support Pacific Gas and Electric (PG&E) Company programs that provide energy efficiency rebates for qualifying energy-efficient upgrades by providing a link to PG&E programs on City website and make available brochures about PG&E programs at City counters. ▪ Expedite review and approval of alternative energy devices.
The City provides information to potential developers on PG&E programs as well as providing expedited review for all solarmounted units for single family dwellings. The City also promotes the use of the Green Building Code and has partnered and approved eligible PACE programs. Information regarding PG&E programs is made available on the City’s website.
Modify.
See new Program 27.
A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E 2023 – 2031 H O U S I N G E L E M E N T U P D A T E
C I T Y O F K I N G S B U R G
1. Addendum to the Adopted General Plan EIR
April 2024 Page 13
Program Implementation Status Continue, Modify, Delete
Program 20: Housing Choice Vouchers
The Housing Choice Voucher (HCV) Program extends rental subsidies to extremely low- and very low-income households, including families, seniors, and the disabled.
The program offers a voucher that pays the difference between the current fair market rent (FMR) as established by the HUD and what a tenant can afford to pay (i.e. 30 percent of household income). The Fresno Housing Authority administers the housing choice voucher program in Fresno County.
Timeframe and Objectives:
▪ Provide information on the HCV program on City website and public counters in 2016.
▪ Refer interested households to the Fresno Housing Authority and encourage landlords to register their properties with the Housing Authority for accepting HCVs.
▪ Work with the Housing Authority to disseminate information on incentives for participating in the HCV program throughout the City neighborhoods with varying income levels to promote housing opportunities for all residents.
The City works closely with the Fresno Housing Authority, including partnering on two affordable projects, one 49-unit complex and one 47-unit senior housing complex, to promote housing opportunities. The City provides information about the HCV program on the City’s website, referring interested households to the Fresno Housing Authority, and encourages landlords to register their properties with the Housing Authority for accepting HCVs. Staff turnover and limited funding for staff time have precluded the ability to consistently track and report program outcomes. The City will continue to seek ways to implement programs efficiently and create systems for record keeping.
Modify.
See new Program 28.
Program 21: Fair Housing
Residents in the Central Valley, including Fresno County, can access fair housing services provided by the Fair Housing Council of Central Valley (FHCCC). FHCCC offers mediation, counseling, advocacy, research, and fair housing training and workshops for residents as well as housing providers. Other fair housing resources include the Fresno Housing Authority, Fair Housing and Equal Opportunity (FHEO) division of HUD, and the State Department of Fair Employment and Housing (DFEH).
The City will assist in promoting fair housing resources available in the region.
Timeframe and Objectives:
▪ Participate in the Fresno Urban County’s efforts in updating the Analysis of Impediments to Fair Housing Choice required by the CDBG program. ▪ Work collaboratively with other jurisdictions in the region to provide education to lenders, real estate professionals, and the community at large. ▪ Actively advertise fair housing resources at the public counter, community service agencies, public libraries, and City website.
▪ Refer fair housing complaints to HUD, DEFH, Fair Housing Council of Central California, and other housing agencies, as appropriate.
The City’s refers all fair-housing-related complaints to the Fair Housing Council of Central California. The City works with Fresno County, who administers the CDBG program with HUD, to update the Analysis of Impediments. Further, the Planning and Building Department provides educational materials regarding fair housing at the department front counters
Modify.
See new Program 29.
A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E 2023 – 2031 H O U S I N G E L E M E N T U P D A T E
C I T Y O F K I N G S B U R G
1. Addendum to the Adopted General Plan EIR
1.3.2 Modifications to Existing Programs
As shown in Table 2, Summary of Program Changes Between Existing Housing Element and 2023–2031 Housing Element, the proposed 2023–2031 Housing Element consolidates many programs from the existing Housing Element to aid in implementation and eliminate redundancy. None of the programs in Table 2 would result in physical change in the environment. The following 19 amended programs are included in the proposed 2023–2031 Housing Element (Note: the following programs are modified to indicate changes to amended programs using underline for revised or new language or strikeout for deletions).
1.3.2.1 AMENDED PROGRAMS
Program 1: Regional Collaboration on Housing Opportunities The Multi-Jurisdictional Housing Element provides an opportunity for a review of countywide housing issues and needs to be more. Housing needs will be more effectively addressed at the regional level rather than just at the local level, and the 13 15 participating jurisdictions are committed to continuing the regional collaboration in the implementation of the Housing Element. By working together, the jurisdictions can share best practices, explore opportunities for further collaboration, and make the best use of limited resources. The following efforts will be made to further regional collaboration:
Timeframe and Objectives:
▪ The City will cContinue to participate in the cCountywide Housing Element Technical Committee to collaborate on housing program implementation and regional issues including, addressing the needs of disadvantaged unincorporated communities (Senate Bill [SB] 244), infrastructure challenges, farmworker housing, homelessness, and fair housing.
▪ The countywide Housing Element Technical Committee will meet at least biannually to evaluate successes in implementation of programs and to identify gaps and additional needs. ▪ The County of Fresno Public Works and Planning Department, with assistance of the Fresno Council of Governments (FCOG), will take the lead in coordinating the biannual committee Countywide Fifth Cycle Housing Element Committee meetings.
▪ The Housing Element Technical Committee will meet annually with the California Department of Housing and Community Development (HCD) to discuss funding opportunities and challenges in implementation of programs and seek technical assistance from HCD and other State agencies in the implementation of housing programs and the pursuit of grant funding. ▪ The Committee will meet periodically with Fair Housing of Central California to discuss fair housing issues and opportunities for education.
▪ The Housing Element Technical Committee will advocate on behalf of the Fresno County region for more grant funding for affordable housing and infrastructure improvements. ▪ The City will cContinue to seek partnerships with other jurisdictions in the region and other agencies (such as the Housing Authority), housing developers, community stakeholders, and agricultural employers/employees to explore viable options for increasing the availability of farmworker housing in suitable locations in the region.
A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E 2023 – 2031 H O U S I N G E L E M E N T U P D A T E
C I T Y O F K I N G S B U R G
1. Addendum to the Adopted General Plan EIR
April 2024 Page 15
▪ The City will dDevelop a directory of services and resources for lower-income households available in the region, and review and update it annually. Make Tthe directory will be available on City/County websites and at City/County offices.
Program 2: Review Annexation Standards in Memorandum of Understanding Most All jurisdictions in Fresno County are subject to the City/County Memorandum of Understanding (MOU), which establishes procedures for annexation of land to cities. The City/County MOU encourages urban development to take place within cities and unincorporated communities in an effort to where urban services and facilities are available or planned to be made available to preserve agricultural land. The MOU standards for annexation require that development be imminent and a minimum of 25 50 percent of annexation areas have an approved tentative subdivision map or site plan. While cities can take certain steps to “prezone” land in advance of annexation, the annexation of the land into the city limits depends on is dependent upon private developers to requesting an annexation. In cities that are mostly built out within their current city limits, the MOU may limit the cities’ ability to accommodate future housing needs.
Timeframe and Objectives:
▪ During the Housing Element planning period, the County of Fresno and the cities within tThe County of Fresno and cities in the county shall work together at least once during the planning period to review and revise, as deemed appropriate by all parties, the standards for annexation contained in the City/County MOU Memorandum of Understanding between the County and the cities.
Program 519: Lot Consolidation and Lot Splits
To create additional opportunities for infill development and affordable housing, the City will help to facilitate lot consolidations to combine small lots identified as part of a larger site in the Housing Element into larger developable lots for housing. The City will meet with local developers and property owners to discuss development opportunities and incentives for lot consolidation to accommodate affordable housing units and consider additional incentives brought forth by developers. As developers and owners approach the City with interest in lot consolidation for the development of affordable housing, the City could defer certain fees, allow more height or additional stories, waive lot merger fees for certain small contiguous lots, and provide concurrent/fast tracking of project application reviews to developers who provide affordable housing. By 2026, the City will review the effectiveness of this program and revise as appropriate. The City will also evaluate grant funding for parcel assemblage land banking when it is available The City of Kingsburg’s vacant sites inventory is primarily comprised of smaller parcels of less than half acre, potentially constraining residential development, especially to multifamily development. The City will encourage lot consolidation to promote the efficient use of land for residential development pursuant to the Subdivision Map Act.
Timeframe and Objectives:
▪ Assist interested developers/property owners in identifying opportunities for lot consolidation. ▪ Continue to process requests for lot consolidation concurrent with other development reviews.
A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E 2023 – 2031 H O U S I N G E L E M E N T U P D A T E
C I T Y O F K I N G S B U R G
1. Addendum to the Adopted General Plan EIR
▪ Annually monitor lot consolidation activities as part of the City annual report to HCD on Housing Element progress and evaluate if City efforts are effective in facilitating lot consolidation of small sites for residential development. If appropriate, make necessary changes to facilitate lot consolidation Program 67: Water and Wastewater Capacity Service
The development viability of the vacant sites in the inventory is directly linked to the availability and capacity of public facilities and services. As the water provider in the city, The City continues to work to address water supply issues and infrastructure capacity limitations the City will adopt a written policy with specific objective standards for meeting the priority requirement for proposed developments that include housing units affordable to lower-income households consistent with the provisions of Additionally, California Government Code Section 65589.7 requires water and sewer providers to establish specific procedures and grant priority water and sewer service to developments with units affordable to lower-income households. The statute also requires local governments to immediately deliver the housing element to water and sewer providers. The City of Kingsburg is the water service provider; will also deliver a copy of the Housing Element to the SelmaKingsburg-Fowler County Sanitation District (SKF) provides sewer service in the City immediately following adoption.
Timeframe and Objectives:
▪ Continue to monitor water and wastewater capacity and make improvements, as appropriate and feasible, to better serve existing development and strive to accommodate the RHNA. ▪ Establish procedures by the end of 2016 for granting priority water and sewer service to developments with lower-income units in compliance with California Government Code Section 65589.7.
Program 78: Affordable Housing Incentives
The City continues to have needs for affordable housing for lower-income households, especially for seniors, persons with disabilities disabled (including persons with for developmental disabilities), farmworkers, femaleheaded and single-parent households, the homeless, and those at imminent risk of becoming homeless persons experiencing homelessness, and extremely low-income households. The City will continue to work with housing developers to expand affordable housing opportunities in the community by doing the following:
Timeframe and Objectives:
▪ Continue to seek partnerships and meet at least every other year with other agencies (such as the Housing Authority), housing developers, community stakeholders, and employers to discuss and pursue viable opportunities for providing affordable housing, with an emphasis on housing opportunities for very low- and extremely low-income households, as well as special-needs populations, such as persons with disabilities (including developmental disabilities), farmworkers, female-headed and single-parent households, persons experiencing homelessness, and extremely low-income households. The City will meet with these parties more frequently if interest in residential development increases.
▪ Work with public or private sponsors to identify candidate sites for new construction of housing for those with special needs and take all actions necessary to expedite processing of such projects.
A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E 2023 – 2031 H O U S I N G E L E M E N T U P D A T E
C I T Y O F K I N G S B U R G
1. Addendum to the Adopted General Plan EIR
April 2024 Page 17
▪ Pursue partnerships with the Central Valley Regional Center to identify funding opportunities and promote housing for persons with disabilities.
▪ Continue to provide incentives which may include fee deferrals, parking reductions, and streamlined review of housing that is not age-restricted to facilitate housing mobility and reduce displacement risk for families and individuals whose needs are not met by recent age-restricted development. ▪ Maintain a list of interested developers and annually contact developers to explore affordable housing opportunities.
▪ Continue to promote the State density bonus, and provide streamlined processing to facilitate affordable housing development and provide for additional flexibility for affordable housing and special-needs housing through the minor deviation process flexible development standards, and other incentives to facilitate affordable housing development The City will promote this program by publicizing the incentives on the City website and by conducting pre-application consultation with developers regarding available incentives incentives available. Examples of flexible development standards include reduced parking requirements and reduced water and wastewater connection fees. ▪ Provide incentives to builders to provide housing with multiple bedrooms affordable to lower- and moderate-income households, aiming for construction of at least 20 units that meet these sizes, to meet the needs of female-headed, single-parent, and large-family households of all income levels (possible incentives will include reduced setbacks, reduced parking requirements, and technical assistance with applications for funding).
▪ Continue to streamline the environmental review process for housing developments to the extent possible, using available state categorical exemptions and federal categorical exclusions, when applicable.
▪ Monitor HCD’s website annually for Notices of Funding Ability (NOFA) and, where appropriate, prepare or support applications for funding for Annually pursue State, Federal and other funding opportunities to increase the supply of safe, decent, affordable housing in Kingsburg for lower-income households (including extremely low-income households), such as seniors, disabled (including persons with developmental disabilities), farmworkers, the homeless, and those at risk of homelessness. ▪ Facilitate the approval process for land divisions, lot line adjustments, and/or specific plans or master plans resulting in parcel sizes that enable affordable housing development, and process fee deferrals related to the subdivision for projects affordable to lower-income households. ▪ Work with developers of multifamily and affordable housing projects to identify site opportunities in higher-resource areas and areas with higher median incomes to reduce concentrations of poverty and improve access to resources.
▪ Annually contact affordable housing developers to explore affordable housing opportunities. ▪ Expand the City’s affordable housing inventory by 80 units over the next eight years (including the 46- unit Marion Villas Apartments) – 10 extremely low-income, 30 very low-income, and 40 low-income units
A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E 2023 – 2031 H O U S I N G E L E M E N T U P D A T E
C I T Y O F K I N G S B U R G
1. Addendum to the Adopted General Plan EIR
Program 89: Support Funding for Farmworker Housing
The farming industry is the foundation of the County’s economy base. According to the United States Department of Agriculture (USDA) National Agricultural Statistics Service (NASS) 20127), about 58,600 37,819 workers were employed in farm labor throughout the Ccounty, indicating a significant need to provide housing for farmworkers and their families, particularly during peak harvest seasons.
Timeframe and Objectives:
The City will provide technical support and offer incentives to Continue to support and encourage other agencies and housing developers, such as the Fresno Housing Authority and Self-Help Enterprises, in the application of funds for farmworker housing, including State HCD and USDA Rural Development loans and grants and other funding sources that may become available. The City will Ccontinue to offer incentives such as gap financing (as funding is available), density bonus, streamlined processing, and the minor deviation process to facilitate the development of farmworker housing.
Annually monitor the The City will annually monitor the status of farmworker housing as part of the City’s its annual report to HCD on Housing Element progress and evaluate if City efforts are effective in facilitating the provision of farmworker housing. If appropriate, make necessary changes to enhance opportunities and incentives for farmworker housing development.
Program 912: Preserving At-Risk Units Assisted Housing
Preserving the existing affordable housing stock is a cost-effective approach to providing affordable housing in Kingsburg. The City must guard against the loss of housing units available to lower-income households. As of September 2022, there are 48 affordable units at Linmar, 101 affordable units at Park Kingsburg, and 38 units at Kingsburg Apartments that are considered at risk of conversion to market rate in the next 10 years. For complexes at risk of converting to market rate, the City shall: This City has a total of 187 publicly assisted rental units in three projects. In addition, a new 46-unit senior housing development is under construction. No publicly assisted rental housing units are considered at risk of converting to market-rate housing before December 31, 2025
Timeframe and Objectives:
▪ Contact property owners of units at risk of converting to market-rate housing within one year of affordability expiration to discuss the City’s desire to preserve complexes as affordable housing. ▪ Coordinate with owners of expiring subsidies to ensure the required notices to tenants are sent out at 3 years, 12 months, and 6 months
▪ Continue to monitor status of affordable housing projects. If projects become at risk of converting to market-rate housing:
▪ Monitor the status of any Notice of Intent and Plan of Action filed by property owners to convert to market-rate units.
▪ Reach out to agencies interested in purchasing and/or managing at-risk units Identify nonprofit organizations as potential purchasers/managers of at-risk housing units.
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▪ Work with tenants to provide education regarding tenant rights and conversion procedures pursuant to California law.
▪ Continue to seek partnerships with affordable housing providers and pursue funding opportunities as they become available to ensure the continued affordability of at-risk units. The City will review funding opportunities annually and apply as opportunities become available. ▪ Explore funding sources available to purchase affordability covenants on at-risk projects, transfer ownership of at-risk projects to public or nonprofit agencies, purchase existing buildings to replace atrisk units, or construct replacement units. ▪ Ensure the tenants are properly noticed and informed of their rights and eligibility to obtain special Housing Choice Vouchers reserved for tenants of converted HUD properties.
Program 1013: Encourage and Facilitate Accessory Units (Second Units) An accessory dwelling unit (ADU),A second unit (sometimes called an “accessory dwelling unit” or “granny flat”), is an additional self-contained living unit either attached to or detached from the primary residential unit on a single lot. It has cooking, eating, sleeping, and full sanitation facilities. Second units ADUs can be an important source of affordable housing given that they are generally less expensive to construct due to their typically smaller sizes and have no associated land costs. The City will encourage the construction of ADUs, particularly in predominantly single-family neighborhoods with higher median incomes, such as the Kamm/Madsen neighborhood, to reduce concentrations of lower-income households through the following actions, which are aimed at providing an increased supply of affordable units throughout the city, thereby increasing access to resources and facilitating housing mobility opportunities for lower-income households:
Timeframe and Objectives:
▪ By 2019, consider fee reductions for second units and Continue to implement a the public education program advertising the opportunity for second units through ADUs by updating informational handouts and brochures about ADUs that are available on the City’s website and at the public planning counter annually, or as needed to reflect changes in State law. ▪ Provide informational materials on ADU opportunities to all discretionary land use applicants. ▪ At least annually, publish informational materials pertaining to ADUs through a combination of media, including the City’s social media accounts and direct mailing. ▪ By December 2024, identify and implement incentives for construction of ADUs with new development, which may include deferred collection of impact fees for the square footage associated with the ADU.
▪ Make pre-approved ADU plans available on the City website.
Program 1116: Zoning Code Amendments
In compliance with State laws, the City will amend its Zoning Code to address the provision of a variety of housing options, especially housing for special needs groups. Specifically, tThe City will amend the Zoning Municipal Code to address the following development standards and barriers to special-needs housing opportunities:
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▪ Density Bonus: Adopt a Density Bonus provision in 2023 to comply with California’s density bonus law (California Government Code Section 65915, as revised) and promote the use of density bonuses for lower-income units by providing information through a brochure in City buildings and on the City’s website Consistent with Government Code, a density bonus up to 35 percent over the otherwise maximum allowable residential density under the applicable zoning district will be available to developers who provide affordable housing as part of their projects. Developers of affordable housing will also be entitled to receive incentives on a sliding scale to a maximum of three, where the amount of density bonus and number of incentives vary according to the amount of affordable housing units provided.
▪ Accessory Dwelling Units: Amend the Zoning Code, including the Form Based Code, to define ADUs and replace references to “second dwelling units” and to be consistent with the latest State legislation related to ADUs, ensuring that ADUs are permitted in all zones that permit single-family or multifamily uses, and permit the construction of a junior accessory dwelling unit (JADU) on each lot in addition to an ADU, in accordance with California Government Code Section 65852.2. ▪ Emergency Shelters: Allow emergency shelters without a conditional use permit or other discretionary permit in the Highway Commercial zoning district subject to standards outlined in Kingsburg Municipal Code 17.44.020 (B)(q)) and pursuant to Government Code Section 65583(a)(4)(I) and amend the definition of emergency shelters to clarify that emergency shelters may include other non-permanent housing interventions, such as a navigation center, bridge housing, and respite or recuperative care.
▪ Low-Barrier Navigation Centers: Permit low-barrier navigation centers, defined as low-barrier, temporary service-enriched shelters to help homeless individuals and families to quickly obtain permanent housing by-right in zones where mixed uses are allowed or in nonresidential zones that permit multifamily housing (Government Code Section 65662; AB 101). ▪ Definition of Family: Amend the definition of “family” in the Kingsburg Zoning Ordinance in compliance with state law. Remove the definition of family in the Zoning Code, or amend the definition to ensure it does not differentiate between related and unrelated individuals, or impose a numerical limit on the number of persons in a family
▪ Small Residential Care Facilities: Allow residential care facilities for six or fewer persons, in accordance with Health and Safety Code Section 1568.0831, and allow residential care facilities for more than six persons with administrative approval, in all zones that permit residential uses of the same type, in accordance with the City’s definition of family. Amend the Zoning Code the address the provision of small residential care facilities in the RA zone ▪ Farmworker/Employee Housing: Treat employee/farmworker housing that serves six or fewer persons as a single-family structure and permit it in the same manner as other single-family structures of the same type within the same zone across all zones that allow single-family residential uses. Treat employee/farmworker housing consisting of no more than Comply with the Employee Housing Act which requires farmworker housing up to 12 units or 36 beds be considered as an agricultural use and permitted in any zone that permits agricultural uses, and employee housing for six or fewer employees are to be treated as a single family structure and permitted it in the same manner as other agricultural A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E 2023 – 2031 H O U S I N G E L E M E N T U P D A T E
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uses dwellings of the same type in the same zone, in compliance with the California Employee Housing Act, and allow for a streamlined, ministerial approval process for projects on land designated as agricultural or land that allows agricultural uses (Health and Safety Code Sections 17021.5, 17021.6, and 17021.8).
▪ Single-Room Occupancy Units (SRO) Housing: Define single-room occupancy units in compliance with Government Code Section 65583(c)(1) and identify at least one zone where they will be permitted. Amend the Zoning Code to address the provision of SRO housing ▪ Transitional and Supportive Housing: Permit transitional housing and supportive housing as residential uses only subject to those restrictions that apply to other residential dwellings of the same type in the same zone (Government Code Section 65583(a)(5)), including in the CC and FBC-3 zones.
Additionally, allow supportive housing without discretionary review in multifamily and mixed-use zones (Government Code Section 65651).
▪ Mobile Homes/Manufactured Homes: Allow and permit mobile homes/manufactured housing on permanent foundations in the same manner and in the same zone as conventional or stick-built structures are permitted (Government Code Section 65852.3).Amend the Zoning code to subject permanently sited manufactured homes built to the HUD Code to the same rules as site-built homes in the same zones. Currently manufactured homes are subject to an Administrative Review where sitebuilt homes are permitted by right ▪ Minimum Site Area: Amend the requirements for the RM-2.0 zone such that the Minimum Site Area Per Dwelling Unit is 2,000 sq. ft. instead of 2,500 sq. ft. ▪ Rezoning and redesignation to Address the RHNA: To address the 2023-2031 RHNA, amend the General Plan and/or Zoning Code to create a new zoning district, to provide adequate sites to address the shortfall in units to address the lower income RHNA of 409 units (the City’s lower income RHNA number). Redesignating and rezoning parcels with APNs 39425116, 39425117, 39602019, and 39421007 in Table 1H-4 will address the shortfall of suitably designated and zoned sites to address the lower-income RHNA. The allowed base density in the new residential land use designation and zoning district applied to these sites will be a maximum of 25 dwelling units per acre, with a minimum density of 20 dwelling units per acre. With the proposed allowed density, each site will permit at least 16 units on the site. All of these sites shall be designated for residential use only. Implementation will include meeting all the requirements per Government Code section 65583.2, subdivisions (h) and (i).
Development standards will be established or modified as to facilitate development to achieve maximum density. The redesignation and rezoning of the parcels to address the lower income shortfall must be completed within one year of the beginning of the 6th Cycle Housing Element planning period, which is December 31, 2024.
▪ Parking Standards: Evaluate and reduce parking requirements for multifamily projects. Create a sliding scale and reduce the requirements below two spaces for smaller bedroom types to 1 space or less (studio and 1-bedroom). Two spaces can be required for larger multifamily units as long as that is inclusive of guest parking. The garage requirement will be removed for all multifamily projects. ▪ Reasonable Accommodation: Establish a reasonable accommodation procedure to provide flexibility in policies, rules, and regulations in order to allow persons with disabilities access to housing.
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Timeframe and Objectives:
▪ Amend Zoning Code to address State law requirements within two years of Housing Element adoption.
▪ Annually review the effectiveness and appropriateness of the Zoning Code and process any necessary amendments to remove or mitigate potential constraints to the development of housing.
Program 1217: Monitoring of Growth Management System
Pursuant to State law, the City must ensure that its policies and regulations governing residential uses in the Ccity do not preclude the City from meeting its RHNA for all income levels. The City’s current Growth Management System provides adequate allocations to meet the overall RHNA. The City will monitor its annual and cumulative allocations to ensure that remaining allocations can accommodate its RHNA for all income levels.
Timeframe and Objectives:
▪ As part of the City’s annual allocation process, monitor the remaining allocations available. As necessary to meet the City’s RHNA for all income levels, consider prioritizing allocations to projects that help meet the City’s RHNA.
▪ By 2018 and at least bi-annually, monitor and modify as appropriate, the Growth Management System to ensure that the allocation process does not unduly constrain housing development in the community Program 1320: Monitoring of Planning and Development Fees The City charges various fees to review and process development applications. Such fees may add to the cost of housing development.
Timeframe and Objectives:
▪ Continue to monitor the various fees charged by the CityThe City will analyze housing-related development fees on an annual basis to ensure they do not unduly constrain housing development. As part of the analysis process, the City will meet with developers at least once by December 2025 to request input regarding constraints associated with fees. Based on feedback received, reduce fees if found to be a constraint by bringing an updated fee schedule to the City Council. ▪ As appropriate, consider incentives such as Further, the City will offer deferred or reduced fees to facilitate affordable housing development, as appropriate.
Program 1423: Fresno County Housing Assistance Rehabilitation Program (HARP) This program provides loans to qualifying homeowners, including owners of mobile or manufactured homes, in the unincorporated Ccounty and participating cities for the improvement of their homes. The City of Kingsburg is a participating jurisdiction city. Eligible improvements include energy efficiency upgrades and installations, health and safety and hazard corrections, and accessibility modifications to reduce displacement risk and facilitate place-based revitalization. Loan terms under this program vary according to household income and the improvements and repairs that are needed. The City will:
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Timeframe and Objectives:
▪ Promote available housing rehabilitation resources on the City’s website and at public counters. ▪ Conduct targeted outreach to inform property owners of rehabilitation assistance in neighborhoods with older housing units, such as the Bicentennial Park neighborhood and east of SR 99. ▪ Refer interested households to the County program. with the goal of assisting four low-income households during the planning period
▪ Target promotion in areas of need to assist in reducing displacement risk for residents by improving living conditions and enabling them to stay in their home and community.
Program 1524: Fresno County Rental Rehabilitation Program (RRP) This program provides no-interest loans to qualifying property owners in the unincorporated Ccounty and participating cities for making improvements to their rental properties to reduce displacement risk for renters.
The City of Kingsburg is a participating city in the RRP and provides information to property owners. Eligible improvements include repairing code deficiencies, completing deferred maintenance, lead-based paint and asbestos abatement, heating, ventilation, and air conditioning (HVAC) HVAC repairs, energy-efficiency upgrades, accessibility modifications, and kitchen and bathroom upgrades. The City will:
Timeframe and Objectives:
▪ Promote available housing rehabilitation resources on the City’s website and at public counters. ▪ Refer interested property owners to the County program. ▪ Target promotion in areas of concentrated renter households or older housing stock to assist in reducing displacement risk for residents by improving living conditions and enabling them to stay in their home and community.
Program 1625: Code Enforcement
The City’s will continue to use code enforcement and abatement processes to bring substandard housing units and residential properties into compliance with City codes. The City will also Building Division is in charge of enforcing the City’s building codes with the objective of protecting the health and safety of residents.
Timeframe and Objectives:
▪ Continue to utilize code enforcement and substandard abatement processes to bring substandard housing units and residential properties into compliance with city codes. ▪ Rrefer income-eligible households to County housing rehabilitation programs for assistance in making the code corrections. Targeted efforts to improve housing conditions in areas of need will facilitate place-based revitalization and assist in reducing displacement risk for residents by improving living conditions and enabling them to remain in their home and community.
Program 1927: Energy Conservation
The City will continue to promote s energy conservation in housing development and rehabilitation.:
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Timeframe and Objectives:
▪ Promote California HERO and YGRENE programs by providing links on the City website and making brochures available at City counters.
▪ Consider incentives to promote green building techniques and features in 2017, and as appropriate, adopt incentives in 2018.
▪ Continue to promote and support Pacific Gas and Electric (PG&E) Company programs that provide energy-efficiency rebates for qualifying energy-efficient upgrades by providing a link to PG&E programs on the City website and making available brochures available about PG&E programs at City counters.
▪ Expedite review and approval of alternative energy devices (e.g., solar panels). ▪ Assist lower-income households with energy efficiency through the County’s Housing Assistance Rehabilitation Program.
▪ Encourage developers to be innovative in designing energy-efficient homes and improving the energy efficiency for new construction
Program 2028: Housing Choice Vouchers
The Housing Choice Voucher (HCV) Program extends rental subsidies to extremely low- and very low-income households, including families, seniors, and the disabled. The program offers a voucher that pays the difference between the current fair market rent (FMR) as established by the United States Department of Housing and Urban Development (HUD) and what a tenant can afford to pay (i.e., 30 percent of household income). The Fresno Housing Authority administers the housing choice voucher HCV program in Fresno County.
Timeframe and Objectives:
▪ Provide a link to the Fresno Housing Authority’s HCV program webpage on the City’s website by February 2024 information on the HCV program on City website and public counters in 2016. ▪ Meet with the Fresno Housing Authority by June 2024 to discuss the process of developing printed informational materials, with the goal of making materials available at public counters by June 2025. ▪ Refer interested households to the Fresno Housing Authority and encourage landlords to register their properties with the Housing Authority for accepting HCVs. ▪ Work with the Housing Authority to disseminate information to landlords and property owners on incentives for participating in the HCV program throughout the Ccity neighborhoods with varying income levels to promote housing opportunities for all residents. ▪ Refer interested households to the Fresno Housing Authority and encourage landlords to register their properties with the Housing Authority for accepting HCVs.
Program 2129: Housing Discrimination Monitoring and Referral Fair Housing The Fresno Housing Authority publicizes all information related to housing opportunities, programs and fairhousing information and assistance in English, Spanish, Hmong, French, German, Chinese, Arabic, Dutch, Italian, Korean, Portuguese, and Russian. However, while all public notices and information on the Housing Authority website are translated into all of the previously mentioned languages, general circulation of A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E 2023 – 2031 H O U S I N G E L E M E N T U P D A T E
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information and secondary links, such as applications, are available only in English. The City will coordinate with the Housing Authority, Fresno Council of Governments (FCOG), and other Fresno County jurisdictions to develop Spanish-language printed materials to improve accessibility to Residents in the Central Valley, including Fresno County, can access fair housing services provided by the Fair Housing Council of Central Valley (FHCCC). FHCCC offers mediation, counseling, advocacy, research, and fair housing training and workshops for residents as well as housing providers. Other fair housing resources for residents. include the Fresno Housing Authority, Fair Housing and Equal Opportunity (FHEO) division of HUD, and the State Department of Fair Employment and Housing (DFEH). The City will assist in promoting fair housing resources available in the region. If additional languages become more prevalent in the county, materials will be translated into those languages as needed.
The City will also:
Timeframe and Objectives:
▪ Establish a procedure to refer residents with fair housing questions or issues to the Fair Housing Council of Central Valley (FHC-CC), California Rural Legal Aid (CLRA), and other fair housing organizations.
▪ Provide fair housing information on the City’s website and in printed materials available in public buildings in both English and Spanish.
▪ Coordinate with local fair housing service providers to conduct biannual trainings for landlords and tenants on fair housing laws, rights, and responsibilities and ongoing access to legal counseling. ▪ Participate in the Fresno Urban County’s efforts in updating the Analysis of Impediments to Fair Housing Choice required by the CDBG program.
▪ Work collaboratively with other jurisdictions in the region to provide education to lenders, real estate professionals, and the community at large.
▪ Actively advertise fair housing resources at the public counter, community service agencies, public libraries, and City website.
▪ Refer fair housing complaints to HUD, DEFH, Fair Housing Council of Central California, and other housing agencies, as appropriate
1.3.2.2 COMBINED AND AMENDED PROGRAMS
The following programs were combined and amended as one program to aid in their implementation, as they were similar in intent.
▪ Program 3: Provisions of Adequate Sites and Program 4: Monitoring of Residential Capacity (No Net Loss) were combined as one program – Program 4: Provision of Adequate Sites Program 4: Provision of Adequate Sites
The City of Kingsburg will provide for a variety of housing types and ensure that adequate sites are available to meet its Regional Housing Needs Allocation (RHNA) of 882 units. As part of this Housing Element update, the City has developed a parcel-specific inventory of sites suitable for future residential A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E 2023 – 2031 H O U S I N G E L E M E N T U P D A T E
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development. The suitability of these sites has been determined based on the development standards in place and their ability to facilitate the development of housing to meet the needs of the City’s current and future residents, pursuant to State laws. The City will:
▪ Maintain and annually update the inventory of residential land resources for internal purposes. ▪ Monitor the availability of sites appropriate for lower-income housing in keeping with state “no net loss” provisions (Government Code Section 65863), if development projects are approved at densities lower than anticipated in the sites inventory, and, if necessary, rezone sufficient sites to accommodate the RHNA within 180 days, ensuring that there is sufficient higher-density residential land available in areas throughout the city to deconcentrate poverty.
▪ Monitor the progress of pipeline projects identified in the land inventory. If pipeline projects to not proceed as anticipated, the City will identify additional sites or take other actions as appropriate to meet the RHNA.
▪ Monitor and report residential development through the HCD annual report process. ▪ Promote the use of Form Based Code in the downtown area by providing technical assistance to interested developers.
▪ Actively participate in the development of the next RHNA Plan to ensure that the allocations are reflective of the regional and local land use goals and policies. ▪ Program 17: Fresno County Homebuyer Assistance Program (HAP) and Program 18: First-Time Homebuyer Resources were combined as one program – Program 26: Fresno County Homebuyer Assistance Program
Program 26: Fresno County Homebuyer Assistance Program
The City of Kingsburg participates in the County’s Homebuyer Assistance Program (HAP), which is administered through the Fresno County Housing Authority. To reduce displacement risk of homeowners being priced out of the community and to facilitate housing mobility opportunities, this program assists lower-income families with purchasing their first home by providing a zero-interest, deferred payment loan that does not exceed 20 percent of the purchase price of the single-family residence (plus loan closing costs). Households earning up to 80 percent of the area median income (AMI) in unincorporated Fresno County and participating cities are eligible for this program. The City will:
▪ Promote available homebuyer resources on the City’s website and at public counters. ▪ Refer interested households to the County program with the goal of assisting four households. ▪ Promote the availability of this program, particularly in areas with concentrations of renters, particularly lower-income renters, by providing multilingual informational materials at public buildings and community locations and will post the program on the City’s website.
Kingsburg residents also have access to several homebuyer assistance programs offered by the California Housing Finance Agency (CalHFA), through the Fresno County Public Works and Planning Department, Community Development Division.
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▪ Mortgage Credit Certificate (MCC): The MCC Tax Credit is a federal credit that can reduce potential federal income tax liability, creating additional net spendable income that borrowers may use toward their monthly mortgage payment. This MCC Tax Credit program may enable first-time homebuyers to convert a portion of their annual mortgage interest into a direct dollar-for-dollar tax credit on their U.S. individual income tax returns.
▪ CalPLUS Conventional Program: This is a first mortgage loan insured through private mortgage insurance on the conventional market. The interest rate on the CalPLUS Conventional is fixed throughout the 30-year term. The CalPLUS Conventional is combined with a CalHFA Zero Interest Program (ZIP), which is a deferred-payment junior loan of three percent of the first mortgage loan amount, for down payment assistance.
▪ CalHFA Conventional Program: This is a first mortgage loan insured through private mortgage insurance on the conventional market. The interest rate on the CalHFA Conventional is fixed throughout the 30-year term.
The City will promote all available homebuyer resources on the City’s website and at public counters and will annually review funding resources available at the state and federal levels and pursue as appropriate to provide homebuyer assistance.
1.3.3 New Programs
The following 13 new programs represent additions to the existing General Plan:
▪ Program 3: Homeless/Unhoused Needs
The City will cooperate with neighboring cities, the County, and other agencies in the development of programs aimed at providing homeless shelters and related services. During this coordination, the City will monitor the demographic composition of the unhoused population to identify needs for targeted resources and determine what efforts to take, such as providing education on financial assistance and identifying specific programs that are available. The City will also support local homeless service providers, agencies, and other community organizations to pursue funding from available sources for homeless services. ▪ Program 5: Residential in Highway Commercial District Land designated as Highway Commercial provides a currently untapped opportunity for higher density multifamily development in close proximity to services, transit, and residential districts. Similar to the Central Commercial district, the Highway Commercial district is located near State Route 99 and adjacent to a variety of residential districts. Currently, parcels designated Highway Commercial in the northwest portion of the city have a Mixed-Use overlay that allows for residential development on a case-by-case basis. To facilitate additional opportunities for higher density residential development and address the 2023–2031 Regional Housing Needs Allocation (RHNA), the City will amend the General Plan and Zoning Ordinance to allow 20 units per acre or greater by-right in the Highway Commercial district with a maximum building height of 50 feet. There will be no minimum density on these sites. The City intends to amend the General Plan Land Use map and text, as well as the Zoning Ordinance and zoning map, as part A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E 2023 – 2031 H O U S I N G E L E M E N T U P D A T E
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of this program, for all sites in the Highway Commercial district listed in Table 1H-4 of Section 1H-2, Sites Inventory, of this Housing Element.
▪ Program 6: Annexation Area
The Housing Element is relying on the Kings Estates V annexations to satisfy 104 units of its above moderate-income RHNA allocation. The project has already received allocations under the Growth Management System from the City of Kingsburg. Due to the parcels’ proximity to the city and adjacency to Phases II and III of the larger Kings Estates development, the site is not expected to face any barriers to annexation. Annexation of Kings Estates V is expected to be approved by the Fresno Local Agency Formation Commission (LAFCO) by early 2025. If the annexation of this project is not approved, this program will also be used to find alternative housing opportunities to accommodate at least 97 above moderate-income units by December 2026 to meet the RHNA. ▪ Program 10: Farmworker Preference in New Affordable Housing For new affordable housing projects developed with City assistance, incentives, and/or subject to City requirements, the City will require that the developer give qualified farmworker households a preference for 10 percent of the new units. Should demand from farmworker households be insufficient to fill the set-aside units, then the units will be made available to other qualified households. The City will annually reach out to affordable housing developers to gather interest and input on how to best implement this program and will provide information on available funding. ▪ Program 11: Extremely Low-Income Households
Assembly Bill (AB) 2634 requires the quantification and analysis of existing and projected housing needs for extremely low-income households. To support the development or rehabilitation of SRO units and/or other units affordable to extremely low-income households, such as supportive and multifamily units, the City will continue to seek and pursue state and federal funds to offer a variety of incentives or concessions, such as:
o Provide financial support annually, as available, to organizations that provide counseling, information, education, support, housing services/referrals, and/or legal advice to extremely lowincome households, to mitigate risk of displacement and support housing stability for extremely low-income households, persons with disabilities, farmworkers, and persons experiencing homelessness.
o Expand regulatory incentives for the development of units affordable to extremely low-income households and housing for special-needs groups, persons with disabilities (including developmental disabilities), and individuals and families in need of emergency/transitional housing.
o Encourage the provision of affordable housing for young adults, particularly former foster youth and young mothers, through planning consultations, streamlined permit processing, and funding assistance.
o Encourage the development of SRO facilities, transitional and supportive housing, and other special housing arrangements, including committing City funds to help affordable housing developers provide SRO facilities consistent with the SRO Ordinance A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E 2023 – 2031 H O U S I N G E L E M E N T U P D A T E
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▪ Program 14: Replacement Units
To reduce displacement risk and in accordance with California Government Code Section 65583.2(g), the City will require replacement housing units subject to the requirements of California Government Code Section 65915(c)(3) on sites identified in the sites inventory when any new development (residential, mixeduse, or nonresidential) occurs on a site that has been occupied by or restricted for the use of lower-income households at any time during the previous five years.
This requirement applies to:
o Non-vacant sites;
o Vacant sites with previous residential uses that have been vacated or demolished. ▪ Program 15: Housing for a Variety of Needs
The City will encourage housing types to address the housing needs of a variety of household types, sizes, and incomes. This could include duplexes, townhomes, apartment buildings, and condominiums in neighborhoods and new subdivisions. This will help to identify innovative and alternative housing options, providing greater flexibility and affordability in the housing stock while promoting mixed-income development. This may include consideration for further reduction in regulatory barriers for community land trusts, tiny houses, microhomes, cottage homes, small lot subdivisions, and other alternative housing types, as well as exploration of a variety of densities and housing types in all zoning districts.
The City will use the findings of this program to target development of a variety of housing types in areas of predominantly single-family development and of concentrated overpayment to reduce displacement risk, promote inclusion, and support integration of housing types based on income. ▪ Program 18: Reasonable Accommodations and Universal Design The City will develop and formalize a general process that a person with physical and developmental disabilities can use to make a reasonable accommodation request to accommodate the needs of persons with disabilities and streamline the permit review process. The City will provide information to individuals with disabilities regarding reasonable accommodation policies, practices, and procedures based on the guidelines from HCD. This information will be available through postings and pamphlets at the public counter and on the City’s website.
The City will also implement State requirements (Sections 4450 to 4460 of the California Government Code and Title 24 of the California Code of Regulations) to include accessibility in housing and public facilities for persons with disabilities:
o Encourage housing developers to include mobility-impaired accessibility in their project designs and prioritize these types of projects to increase housing mobility opportunities for seniors and persons with disabilities.
o Review regulations and procedures for City-funded or operated housing programs to ensure that they do not exclude participation by persons with disabilities.
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o Include accessibility considerations in the preparation of the City’s capital improvement plan and the allocation of funding for capital improvements in support of housing and residential neighborhoods for persons with physical or developmental disabilities. ▪ Program 19: Lot Consolidation
To create additional opportunities for infill development and affordable housing, the City will help to facilitate lot consolidations to combine small lots identified as part of a larger site in the Housing Element into larger developable lots for housing. The City will meet with local developers and property owners to discuss development opportunities and incentives for lot consolidation to accommodate affordable housing units and consider additional incentives brought forth by developers. As developers and owners approach the City with interest in lot consolidation for the development of affordable housing, the City could defer certain fees, allow more height or additional stories, waive lot merger fees for certain small contiguous lots, and provide concurrent/fast tracking of project application reviews to developers who provide affordable housing. By 2026, the City will review the effectiveness of this program and revise as appropriate. The City will also evaluate grant funding for parcel assemblage land banking when it is available.
▪ Program 21: Preliminary Applications (SB 330) and Streamlined Approval (SB 35) The City will continue to review projects in compliance with SB 330. The City will also establish a written policy and/or procedure, and other guidance as appropriate, to specify the SB 35 streamlining approval process and standards for eligible projects under Government Code Section 65913.4. The applications will be available on the City’s website for developers interested in pursuing the streamlined process or vesting rights.
▪ Program 22: Objective Design Standards
The City will develop objective design guidelines and revise existing standards to remove subjective standards and provide clear and objective standards related to single-family, multifamily, and mixed-use residential developments for the “Swedish Village.” This work will include objective standards for the MXU district.
▪ Program 30: Improve Access to Resources
The City shall take the following actions to improve access to resources and opportunities citywide, but with a particular emphasis on place-based revitalization in neighborhoods with a concentration of lowerincome residents who often face additional barriers in accessing resources:
o Work with Fresno County Rural Transit Agency (FCRTA) and other jurisdictions in the county to develop a fact sheet, or similar informational materials, of FCRTA programs to be posted on the City’s website, social media, and in public buildings by January 2026, and advertised annually in the City’s newsletter to help connect seniors and other residents to services in the city and throughout the county. Once informational materials area available, conduct targeted outreach in areas with higher rates of seniors and persons with disabilities within six months, including on the south side of the city and to age-restricted senior housing complexes.
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o Prioritize projects that facilitate place-based revitalization through the City’s Capital Improvement Plan, such as projects that improve public infrastructure in deteriorating or underserved areas.
Review funding opportunities that will allow the City to fund projects currently listed as unfunded in the CIP to invest in community amenities such as water and sewer infrastructure, parks and recreation facilities or active transportation facilities on an annual basis and apply as they become available. Apply for funding for at least two community amenities projects during the planning period.
o Ensure program availability and funding announcements are made available in Spanish starting with six months of Housing Element adoption and translation is available at public meetings.
Provide translation services as requested, at least 10 public meetings during the planning period. o Facilitate place-based revitalization and promote healthy environments for new housing by evaluating transitional buffers between residential and agricultural uses and highways and working with developers as projects are proposed to mitigate impacts associated with emissions from agricultural industries and traffic and facilitate access to healthy outdoor spaces. o To promote environmental justice, the City shall implement strategies from its General Plan, adopted July 1992, including implementing noise mitigation measures along the railroad line in the Central Business District; maintaining a standard of 2.7 acres of parkland per 1000 residents; and providing open space areas such as pedestrian parkways and other landscaped corridors as connectors between parks, schools, residential areas, and other activity centers where possible.
Implement strategies from other elements of the General Plan listed above on at least an annual basis.
o Meet with school district representatives by June 2025 to analyze whether housing security poses a barrier to student achievement. Work with the school district to assist in securing grant funding for teacher recruitment and retention bonuses, classroom materials, and other incentives for teachers to facilitate positive learning environments citywide. If district representatives identify housing availability as a barrier to teacher retention, conduct a feasibility study to identify the funding that would be required to provide teacher housing or other housing incentives for teachers by June 2028.
▪ Program 31: Neighborhood Improvements
o The City shall promote environmental justice and maintain and revitalize neighborhoods citywide, with a particular focus on areas of lower opportunity and concentrated poverty. Targeted investment in neighborhood revitalization will focus on improving infrastructure, schools, employment, parks, transportation and other community amenities. The City shall adopt and implement an Active Transportation Plan and Parks Master Plan in order to be more competitive in grant applications, as this will facilitate place-based revitalization through increased investment in transportation and parkways.
o In order to address environmental disparities or negative environmental impacts, particularly related to air quality, the City will conduct citywide outreach to publicize available residential and commercial programs from non-City sources, such as the San Joaquin Valley Air Pollution Control District, on an annual basis. The City will also investigate the availability of additional funds and programs to mitigate air quality issues, particularly in buildings with low-income tenants and for A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E 2023 – 2031 H O U S I N G E L E M E N T U P D A T E
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low-income homeowners, as well as funding that can be used to incentivize air quality improvement strategies on projects with lower- or moderate-income units, such as the installation of green roofs.
The City will seek this funding on an annual basis and apply as opportunities become available, then make funding available for the applicable strategy within six months of receipt. As is discussed in Program 30, the City will also study transitional buffer areas between residential uses and highways or agricultural uses to mitigate associated issues related to air quality and will identify environmental mitigation strategies on at least two projects during the planning period related to air quality issues. Additionally, the City will actively recruit residents from areas of concentrated poverty to serve on boards, committees, and task forces as vacancies are available, including the Planning Commission, Community Services Commission and Public Safety Committee to facilitate place-based revitalization by encourage representation from areas in high need of investment. ▪ Program 32: Facilitate Housing Co-Located with Religious and Community Facilities o Religious and Community Facilities sites provide a unique opportunity to provide affordable housing on properties that may have surplus land available. Additionally, these sites may support affordable housing options that could provide additional support services on site. o AB 1851 allows faith-based organizations like churches and other places of worship to reduce or eliminate parking requirements when they seek to build affordable housing on land they own or lease. AB 1851 allows faith-based organizations to build housing on their parking lots and prohibits cities from requiring the replacement of those parking spaces. The City will also outreach to promote and encourage the use of SB 4 provisions to facilitate and streamline affordable housing on these properties.
o The City will evaluate opportunities to facilitate co-location of housing on Religious and Community Facilities sites through a Zoning Code amendment and collaborate with faith-based organizations to support viable, voluntary opportunities. The City will outreach to faith-based organizations to discuss the possibilities of developing affordable housing on land they own or lease. The City aims to accommodate at least 35 additional lower income units on properties owned by faith-based organizations during the planning period. The City will target the colocation of housing in higher income, higher opportunity areas.
1.4 PURPOSE OF AN EIR ADDENDUM
According to CEQA Guidelines Section 15164(a), an addendum shall be prepared if some changes or additions to a previously adopted EIR are necessary, but none of the conditions enumerated in CEQA Guidelines Sections 15162(a)(1)–(3) calling for the preparation of a subsequent EIR have occurred. As stated in CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declarations):
When an EIR has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following:
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(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or negative declaration was adopted, shows any of the following:
(a) The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
(b) Significant effects previously examined will be substantially more severe than shown in the previous EIR;
(c) Mitigation Programs or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation Program or alternative; or (d) Mitigation Programs or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation Program or alternative.
1.4.1 Rationale for Preparing an EIR Addendum
Because all the sites included in the proposed Housing Element are already designated for residential development, and none of the development standards would be altered as a result of the proposed project, there are no new significant environmental effects or a substantial increase in the severity of previously identified significant effects requiring major revisions to the General Plan EIR. Development impacts are addressed through policies in the General Plan, the City’s municipal code, and adopted engineering standards.
As all future development projects must be consistent with the General Plan, and physical impacts from development were anticipated in the General Plan EIR, the proposed project does not meet any of the conditions outlined in CEQA Guidelines Section 15162 that would require a subsequent EIR.
As stated in CEQA Guidelines Section 15164 (Addendum to an EIR):
(a) The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. (b) An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred.
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(c) An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration.
(d) The decision-making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project.
(e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency’s findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence.
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2. CEQA Analysis
2.1 ENVIRONMENTAL ANALYSIS
The General Plan contains policies related to land use, circulation, housing, conservation, open space, recreation, noise, and safety. The General Plan is largely designed to be self-mitigating by incorporating policies and implementation programs that address and mitigate environmental impacts related to implementing the General Plan, such as zoning codes and design standards.
Most of the existing Housing Element programs will remain unchanged with the proposed project, and the nine new programs are either informative or would result in no physical change to the environment. Overall, the programs were modified to comply with State law, respond to directives from the California Department of Housing and Community Development (HCD), combine programs with similar intent to aid in implementation, or eliminate programs where the City has already completed the identified task.
2.1.1 Analysis of Programs
As previously described in Section 1.2, the General Plan EIR addresses potentially significant impacts related to agricultural resources, air quality, geology and soils, noise, transportation and circulation, and public facilities and services. The General Plan contains policies related to these environmental topics with potentially significant impacts. The General Plan is largely designed to be self-mitigating by incorporating policies and implementation measures that address and mitigate related environmental impacts, such as zoning codes and design standards.
Table 2 shows that most of the existing Housing Element programs will continue with minor modifications to the proposed project. The proposed Housing Element includes 32 total programs, 19 of which are amended, and 13 are new. The programs were modified to comply with state law reflect current conditions and demand or combine programs with similar intent to aid in implementation. Those modified for state law can already be implemented and represent the existing condition. Placement in the Housing Element was made at the request of HCD.
Of the proposed Housing Element programs, two were found to result in physical change (Program 5 and Program 16), and one would amend the City’s General Plan and Zoning (Program 16). However, these programs would not result in new significant impacts that were not already analyzed in the General Plan EIR.
Moreover, these programs would result in potential environmental impacts but would remain consistent with the previous General Plan EIR analysis.
Program 5, Residential in Highway Commercial District, intends to amend the General Plan and Zoning Ordinance to allow 20 units per acre or greater by-right in the Highway Commercial District with a maximum building height of 50 feet with no minimum density on the housing sites. The housing inventory identifies 29 A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E 2023 – 2031 H O U S I N G E L E M E N T U P D A T E
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vacant sites (45 acres) in the Highway Commercial (HC) zone, 26 with the Mixed-Use (MXU) combined district, and 3 sites without. The MXU district aims to facilitate development in former redevelopment project areas that have a mix of existing uses, blighted structures, and inadequate improvements. The MXU district offers flexibility in land uses, allowing all land uses identified in the City's General Plan, including stand-alone residential under the High-Density Residential designation. Density is not prescribed in the MXU district, and single-family residential use is not allowed. To increase residential development in the HC district, the City has included Program 5 to amend the General Plan and Zoning Ordinance to allow 20 units per acre or greater by right. Development potential on properties zoned HC is assumed to be 22 units per acre. As development would be similar in intensity to the existing commercial development that has occurred or can occur on these sites, the previous General Plan EIR analysis is adequate.
Program 16, Zoning Code Amendments, would amend the zoning code by making development standard changes and removing barriers to special-needs housing (e.g., lot size reduction). These changes would not result in changes to the framework of the General Plan nor the General Plan EIR. All other amendments in the program would be made to comply with State law and would not result in substantial new changes. Program 16 would also amend Zoning Code to create a new residential zoning district, allowing a maximum base density of 25 dwelling units per acre. This allows for at least 16 units per site, all designated for residential use. Objective development standards will be established or modified to achieve maximum density, ensuring that sites are designated for residential use only.
Although the proposed program would amend the City’s zoning, the units identified in the Housing Element update would not exceed the City’s population and housing projections, which are listed in Table II-1 of the General Plan EIR, “Population and Housing - City of Kingsburg, 2000 and 2022, and the North Kingsburg Residential Village When Fully Developed. This table shows 6,549 total housing units and 18,024 residents for the city by 2022. The capacity identified in the Housing Element update is 932 units which, when added to the City’s current number of units, is 5,634 units1(DOF 2023). Thus, there would be 915 fewer units anticipated than the 2022 buildout described and analyzed in the General Plan EIR. Similarly, the estimated number of residents that would be added to the city under full buildout of the 2023–2031 Housing Element is 2,637 residents,
2 which when added to the City’s 2023 population is 15,502 (DOF 2023). Thus, there would be 2,521 fewer residents than the 2022 buildout population described in the General Plan EIR, which is 28,449 residents.
While some of the future development may be ‘by right’ pursuant to changes in state law, future development would still be subject to federal, state, and local policies related to land use, such as the Migratory Bird Treaty Act, wetland conservation, and construction air quality permitting. Additionally, prior to issuance of any building permit, a project applicant is required to pay development impact fees, which would address potential impacts to public services and regional transportation improvements. The policies and regulations identified in the General Plan EIR to reduce physical environmental effects would continue to apply to future development and would reduce impacts to the same significance level as identified in the General Plan EIR. Since the Housing Element update does not affect the land use pattern of the city or result in any physical change to the environment, and because the General Plan EIR evaluated the existing land use pattern and includes policies 1 2023-2031 Housing Element units (932) combined with City’ 2022 estimated housing units from DOF (4,702). 2 2023-2031 Housing Element units (932) multiplied by the DOF 2.83 persons per household for the City of Kingsburg.
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and programs to address environmental impacts, the update to the Housing Element would not result in any new environmental impacts or increase the severity of any environmental impacts previously evaluated in the General Plan EIR. The impacts of the proposed project would be no more substantial than those analyzed in the General Plan EIR. No new mitigation measures are necessary.
2.2 FINDING
The discussion in this addendum confirms that the proposed project has been evaluated for significant impacts pursuant to CEQA. The discussion is meaningfully different than a determination that a project is “exempt” from CEQA review, as the proposed Housing Element update is not exempt. Rather, the determination here is that the General Plan EIR evaluated the physical impacts likely to result from future development. The General Plan EIR provides a sufficient and adequate analysis of the environmental impacts of the proposed Housing Element.
There are no substantial changes in the circumstances or new information that was not known and could not have been known at the time of the adoption of the General Plan EIR. As a result, and for the reasons explained in this addendum, the project would not cause any new significant environmental impacts or substantially increase the severity of significant environmental impacts disclosed in the General Plan EIR. Thus, the proposed project does not trigger any of the conditions in CEQA Guidelines Section 15162 requiring preparation of a subsequent EIR, and the appropriate environmental document as authorized by CEQA Guidelines Section 15164(b) is an addendum. Accordingly, this EIR addendum has been prepared.
The following identifies the standards in Section 15162 of the CEQA Guidelines as they relate to the proposed project. The text that follows the provisions of the law related to the proposed Housing Element.
1. No substantial changes are proposed in the project which would require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects, AND
2. No substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
The program changes in the proposed Housing Element are limited to complying with State law, combining programs with similar intent to aid in implementation, or eliminating programs where the City has already completed the identified task. As mentioned in Section 2.1.4, Program 5 would result in the rezoning and redesignation; however, this change would not be substantial. All development in the city must be consistent with the General Plan as modified by the proposed project, and if a discretionary action, would also be subject to CEQA.
Program 16 proposes modifying the zoning code by updating development standards; however, the revised standards will not alter the General Plan. The physical impacts of construction, (e.g., grubbing, grading, trenching, paving) will remain the same and be regulated through the City’s existing development review A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E 2023 – 2031 H O U S I N G E L E M E N T U P D A T E
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