Kingsburg City Council
December 18, 2024

AGENDA

KINGSBURG CITY COUNCIL REGULAR MEETING
WEDNESDAY, DECEMBER 18, 2024 at 6:00pm
Meeting held in the Council Chamber, 1401 Draper Street, Kingsburg, CA 93631 (559)897-5821
www.cityofkingsburg-ca.gov
The Council Chamber is accessible to the physically disabled. Requests for additional accommodations for the disabled should be made 48 hours prior to the meeting by contacting the City Clerk at 559-897-6520.

Any document that is a public record and provided to a majority of the City Council regarding an open session item on the agenda will be made available for public inspection at City Hall, in the City Clerk's office, during normal business hours. In addition, such documents may be posted on the City's website.

Unless otherwise required by law to be accepted by the City at or prior to a Council meeting or hearing, no documents shall be accepted for Council review unless they are first submitted to the City Clerk by the close of business one day prior to said Council meeting/hearing at which the Council will consider the item to which the documents relate.

The meeting will be held in person. Public comment may be made in person or submitted in writing.

Members of the public who wish to provide written comments are encouraged to submit their comments to the City Clerk at [email protected] by the close of business one day prior to the start of the meeting to ensure that the comments will be available to the City Council. Please indicate the agenda item number to which the comment pertains. Written comments that do not specify a particular agenda item will be marked for the general public comment portion of the meeting. A copy of any written comment will be provided to the City Council at the meeting. Please note that written comments received will not be read aloud during the meeting but will be included with the meeting minutes.

Brandon Pursell, Jr., Mayor
Vince Palomar, Mayor Pro Tem Staci Smith, Council Member Laura North, Council Member David M. Silva, Council Member Kingsburg City Council Agenda
December 18, 2024
Invocation to be given by Pastor Ricky Chambers, Kingsburg Community Church, followed by the Pledge of Allegiance led by Mayor Brandon Pursell, Jr.

CALL TO ORDER AND ROLL CALL
CITY CLERK’S DECLARATION OF ELECTION RESULTS & SWEARING IN OF

COUNCIL MEMBER(S)
City Clerk announces the results of the November 5, 2024 Kingsburg City Council Election.

City Council Adopts Resolution No. 2024-067 declaring result of the November 5, 2024 City Council Election.

City Clerk administers Oath of Office to incoming Kingsburg City Council Member Brandon Pursell, Jr. Council Member North will not be able to attend but will be sworn in December 19, 2024.

APPROVE AGENDA - To better accommodate members of the public or inconvenience in the order of presentation, items on the agenda may not be presented or acted upon in the order listed.

Additions to Agenda may be added only pursuant to California Government Code Section 54954.2 (b).

PRESENTATIONS AND INFORMATIONAL REPORTS:

None.

PUBLIC COMMENT - Provides an opportunity for members of the public to address the City Council on items of interest to the public within the Council's jurisdiction and which are not already on the agenda this evening. It is the policy of the Council not to answer questions impromptu. Speakers should limit their comments to not more than THREE (3) minutes. For items which are on the agenda this evening, members of the public will be provided an opportunity to address the Council as each item is brought up for discussion.

CONSENT CALENDAR - Items on the Consent Calendar are considered routine and include a recommended action from Staff and shall be acted on by one motion of the Council. If a Council member requests additional information or would like to pull an item for discussion, that item shall be pulled from the Consent Calendar and acted upon separately. A motion to approve the Consent Calendar is deemed to include a motion to waive the full reading of any ordinance or resolution on the Consent Calendar.

1. Check Register: Ratify/approve payment of bills listed on the check register for the period November 26, 2024 through December 9, 2024 as prepared by Finance Director Alma Colado.

Sponsor: Finance Department

2. Approve the proposed Salary Chart Effective 1/1/2025 – Staff Report by Assistant City Manager Christina Windover
Kingsburg City Council Agenda
December 18, 2024
Sponsor: Assistant City Manager’s Department

3. Approve the proposed Kingsburg Police Officers Association MOU 2025-2027 – Staff Report by Assistant City Manager Christina Windover
Sponsor: Assistant City Manager’s Department

4. Approve the Kingsburg Public Service Employees Association MOU 2025-2027– Staff Report by Assistant City Manager Christina Windover
Sponsor: Assistant City Manager’s Department

5. Approve executing the Property Damage Release for Angela Tuttle and Gloria Metzler and accept their insurance settlement of $2,590.22. – Staff Report by City Clerk Abigail Palsgaard
Sponsor: City Clerk’s Department

6. Approve purchasing a used ambulance and necessary items to place it into service by authorizing funding from the city’s equipment reserve fund not to exceed $25,000. – Staff Report by Chief John Binaski
Sponsor: Fire Department

7. Waive the second reading and adopt Ordinance 2024-07 AN ORDINANCE OF THE CITY OF KINGSBURG AMENDING VARIOUS SECTIONS OF TITLE 17 OF THE

KINGSBURG MUNICIPAL CODE FOR THE PUR-POSE OF COMPLIANCE WITH THE REQUIREMENTS OF THE ADOPTED KINGS-BURG SIXTH (6th) CYCLE HOUSING ELEMENT with the following recital constituting reading the title of the Ordinance:
“AN ORDINANCE OF THE CITY OF KINGSBURG AMENDING VARIOUS SECTIONS OF TITLE 17 OF THE KINGSBURG MUNICIPAL CODE FOR THE PURPOSE

OF COMPLIANCE WITH THE REQUIREMENTS OF THE ADOPTED KINGSBURG SIXTH (6th) CYCLE HOUSING ELEMENT”
Sponsor: Community Development Department

REGULAR CALENDAR
None.

FUTURE AGENDA ITEMS
Council requests for future agenda items. Items require a consensus.

CITY MANAGER’S REPORT

1. Reminder that the 1/1/2025 is cancelled.

COUNCIL REPORTS/COUNCIL COMMITTEE REPORTS
Brief report by Council members on City related functions as authorized by the Brown Act.

ADJOURN REGULAR KINGSBURG CITY COUNCIL MEETING INTO CLOSED SESSION:

Kingsburg City Council Agenda
December 18, 2024
Public Employment: California Government Code Section 54957 Title: City Manager

ADJOURN OUT OF CLOSE SESSION INTO REGULAR KINGSBURG CITY COUNCIL MEETING AND REPORT OUT OF CLOSED SESSION.

ADJOURN REGULAR KINGSBURG CITY COUNCIL MEETING
Title VI of the Civil Rights Act of 1964 provides that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

I hereby certify, under penalty of perjury under the laws of the State of California that the foregoing Agenda was posted at the front entrance of City Hall not less than 72 hours prior to the meeting. Dated this 13th day of December 2024.
____________________________________
Abigail Palsgaard, City Clerk
RESOLUTION NO. 2024-067

RESOLUTION OF THE KINGSBURG CITY COUNCIL RECITING THE FACT OF THE

APPOINTMENT OF UNOPPOSED INCUMBENTS FOR CITY COUNCIL, THE ABSENCE OF A MUNICIPAL ELECTION ON NOVEMBER 5, 2024, AND INSTALLING APPOINTED

INCUMBENTS TO THE CITY COUNCIL
WHEREAS, in lieu of holding a municipal election on November 5, 2024, the Kingsburg City Council appointed incumbent Brandon Pursell, Jr. and incumbent Laura North on August 21, 2024 to serve another term on the City Council pursuant to Elections Code section 10229 because there were no other qualified candidates; and
WHEREAS, Election Code section 10229(a)(3) provides that those appointed in this manner shall qualify and take office and serve exactly as if elected at a municipal election; and WHEREAS, Election Code section 10263 requires that upon completion of the canvass of an election, the City Council must adopt a resolution reciting the fact of the election and the number of votes cast, the names of persons voted for, the measures voted upon, and other information before installing the new officers; and
WHEREAS, there was no municipal election held on November 5, 2024 because all nominated candidates were appointed and there were no ballot measures to be voted on. For this reason, there is no information for the City Council to recite pursuant to Elections Code 10263 before installing new officers; and
WHEREAS, the City Council desires to install appointed councilmembers Laura North and Brandon Pursell, Jr. to serve as councilmembers as if they were elected at an election held on November 5, 2024.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Kingsburg, does resolve, declare, determine and order as follows:

SECTION 1. The above recitals are correct and are incorporated into this resolution.

SECTION 2. The City Council does declare and determine that Laura North and Brandon Pursell, Jr. were functionally elected as Members of the City Council for the full term of four years and are hereby installed to serve on the City Council as if they were elected on November 5, 2024.

SECTION 3. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
***********
I, Abigail Palsgaard, City Clerk for the City of Kingsburg, do hereby certify that the foregoing resolution was duly passed and adopted at a regular meeting for the Kingsburg City Council held on the 18th 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
City of Kingsburg

Accounts Payable
User:

Printed:
almac
12/11/2024 12:49 PM
Checks by Date - Detail by Check Number
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
ACH 4789 US BANKCORP SERVICE CENTER 12/09/2024
Castnda11-22-24 Senior Center supplies amazon 93.75
Castnda11-22-24 Comm Serv vehicle fuel 60.28
Castnda11-22-24 Comm Serv vehicle fuel 40.28
Castnda11-22-24 Senior Center supplies amazon 87.97
Colado 11-22-24 Amazon-calendars, tape 62.18
Colado 11-22-24 Staples-receipt rolls 105.80
Colado 11-22-24 Amazon-calendars, tape 45.59
Colado 11-22-24 Amazon-calendars, tape 62.18
Colado 11-22-24 Amazon-calendars, tape 45.58
Colado 11-22-24 Staples-file suppllies 17.61
Colado 11-22-24 Staples-copy paper 42.02
Colado 11-22-24 Staples-file suppllies 17.61
Colado 11-22-24 Staples-copy paper 42.02
Colado 11-22-24 Staples-receipt rolls 105.80
Dadian11-22-24 Car wash detail unit 2201 45.00
Galvez 11-22-24 Geogle TV 11/21/24 72.99
Galvez 11-22-24 Harbor freight-clipsdowntown-trash 29.06 Hndrson11-22-24 Shipping -Dala horse inv#139651-1 1,100.00 Hrnandz11-22-24 Bookeo-monthly memb-register for CPR clase 39.95 Ploszaj11-22-24 Red Dot pistal Instructor course(Kroeger) 1,350.00 Ploszaj11-22-24 Utility in-car camera equipment 1,208.14 Ploszaj11-22-24 CPOA-Better faster stronger training(Kroeger,Gagno,Carey) 300.00 Ploszaj11-22-24 Bento2Go-Interview panel lunch 62.97
Ploszaj11-22-24 IACP-membership dues (Salinas) 220.00
Ploszaj11-22-24 Police & Sheriffs Press-ID cards (Gonzales,Taylor,McGuire) 63.05 Ploszaj11-22-24 WebstaurantStore-Rubbermaid recycling lid insert 31.46 Ploszaj11-22-24 Sirchie-Evidende boxes 44.66
Ploszaj11-22-24 Grainger-Property/Evidence storage bins 317.78 Ploszaj11-22-24 CAPE 2025 registration-Zimmerman 450.00 Ploszaj11-22-24 Lake Natoma Inn-SLI Session1(Forlines) 384.84 Ploszaj11-22-24 walgreens-posterborad accessories 7.06
Plsgrd 11-22-24 Adobe-Colado 287.88
Plsgrd 11-22-24 Adobe-Stephens 287.88
Plsgrd 11-22-24 Adobe-Ploszaj 287.88
Plsgrd 11-22-24 Adobe-Alvarez 287.88
Plsgrd 11-22-24 Adobe-Alvarez 143.94
Plsgrd 11-22-24 Adobe-Krisitn 143.94
Plsgrd 11-22-24 Adobe-Monique 71.97
Plsgrd 11-22-24 Adobe-Salinas 287.88
Plsgrd 11-22-24 Adobe-Zimmerman 287.88
Plsgrd 11-22-24 Adobe-Monique 71.97
Plsgrd 11-22-24 Adobe-Dana Rager 287.88
Plsgrd 11-22-24 Adobe-Kopas 287.88
Plsgrd 11-22-24 Adobe-Henderson 287.88
Plsgrd 11-22-24 Adobe-Nancy H 287.88
Plsgrd 11-22-24 Adobe-Intern 287.88
Plsgrd 11-22-24 Adobe-Bavery 287.88
Plsgrd 11-22-24 Adobe-Osborne 287.88
AP Checks by Date - Detail by Check Number (12/11/2024 12:49 PM) Page 1 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Plsgrd 11-22-24 Adobe-Silvia 143.94
Plsgrd 11-22-24 Adobe-Karel Bartel 287.88
Plsgrd 11-22-24 Adobe-Bennett 287.88
Plsgrd 11-22-24 Adobe-Silvia 143.94
Plsgrd 11-22-24 Adobe-Burrola 287.88
Plsgrd 11-22-24 Adobe-Rolinda 287.88
Plsgrd 11-22-24 Adobe-Yang 287.88
Plsgrd 11-22-24 Adobe-Krisitn 143.94
Plsgrd 11-22-24 Adobe-Owens 287.88
Plsgrd 11-22-24 Adobe-Marsha 143.94
Plsgrd 11-22-24 Adobe-Binaski 287.88
Plsgrd 11-22-24 Adobe-Dadian 287.88
Plsgrd 11-22-24 Adobe-Padilla 287.88
Plsgrd 11-22-24 Adobe-Marsha 143.94
Plsgrd 11-22-24 Adobe-Clark 287.88
Plsgrd 11-22-24 Adobe-Alvarez 143.94
Plsgrd 11-22-24 Adobe-Palsgaard 287.88
Plsgrd 11-22-24 Adobe-Windover 287.88
Plsgrd 11-22-24 Adobe-Rachelle 143.94
Plsgrd 11-22-24 Adobe-Young 287.88
Plsgrd 11-22-24 Adobe-Holly Owen 287.88
Plsgrd 11-22-24 Adobe-Monique 71.97
Plsgrd 11-22-24 Adobe-Rachelle 143.94
Plsgrd 11-22-24 Adobe-AJ O'Connell 287.88
Plsgrd 11-22-24 Adobe-Monique 71.97
Plsgrd11-22-24 Admin car wash 18.00
Plsgrd11-22-24 Santa Lucia Parade entry 25.00
Plsgrd11-22-24 Kingsburg Cleaners-table cloth 19.27
Wndover11-22-24 Tom's Donut-Insurance meeting 73.75
Wndover11-22-24 Tom's Donut-Insurance meeting 73.75
Total for this ACH Check for Vendor 4789: 16,553.32
ACH 3231 ICMA RETIREMENT CORP - WIRE 457 11/29/2024
PR Batch 00004.11.2024 457 Percent - Mission Square PR Batch 00004.11.2024 457 Percent - Mission Square 545.00 PR Batch 00004.11.2024 457 Mission Square PR Batch 00004.11.2024 457 Mission Square 5,991.92 Total for this ACH Check for Vendor 3231: 6,536.92
ACH 3470 Internal Revenue Service - ACH 11/29/2024
PR Batch 00004.11.2024 FICA Employer Portion PR Batch 00004.11.2024 FICA Employer Portion 19,271.82 PR Batch 00004.11.2024 Medicare Employee Portion PR Batch 00004.11.2024 Medicare Employee Portion 4,709.75 PR Batch 00004.11.2024 Medicare Employer Portion PR Batch 00004.11.2024 Medicare Employer Portion 4,632.15 PR Batch 00004.11.2024 Federal Income Tax PR Batch 00004.11.2024 Federal Income Tax 26,849.71 PR Batch 00004.11.2024 FICA Employee Portion PR Batch 00004.11.2024 FICA Employee Portion 19,271.82 Total for this ACH Check for Vendor 3470: 74,735.25
ACH 3471 Employment Development Department - ACH11/29/2024 PR Batch 00004.11.2024 State Income Tax PR Batch 00004.11.2024 State Income Tax 11,510.96 PR Batch 00004.11.2024 CA SDI PR Batch 00004.11.2024 CA SDI 3,157.12 Total for this ACH Check for Vendor 3471: 14,668.08
ACH 3472 CalPERS - ACH 11/29/2024
PR Batch 00004.11.2024 PERS Safety Police PEPRAPR Batch 00004.11.2024 PERS Safety Police PEPRA 8,764.14 PR Batch 00004.11.2024 PERS Misc. Classic PR Batch 00004.11.2024 PERS Misc. Classic 2,601.16 PR Batch 00004.11.2024 PERS Misc. PEPRA PR Batch 00004.11.2024 PERS Misc. PEPRA 4,043.54 PR Batch 00004.11.2024 PERS Safety Police PEPRA ER PRBatch 00004.11.2024 PERS Safety Police PEPRA ER 8,328.78 PR Batch 00004.11.2024 PERS Misc. Classic ER PR Batch 00004.11.2024 PERS Misc. Classic ER 4,494.95 PR Batch 00004.11.2024 PERS Safety Fire PEPRAPR Batch 00004.11.2024 PERS Safety Fire PEPRA 6,558.70 AP Checks by Date - Detail by Check Number (12/11/2024 12:49 PM) Page 2 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
PR Batch 00004.11.2024 PERS Misc. PEPRA ER PR Batch 00004.11.2024 PERS Misc. PEPRA ER 4,106.13 PR Batch 00004.11.2024 PERS Safety Fire -ClassicPR Batch 00004.11.2024 PERS Safety Fire -Classic 1,403.38 PR Batch 00004.11.2024 PERS Safety Fire ER PR Batch 00004.11.2024 PERS Safety Fire ER 3,643.03 PR Batch 00004.11.2024 PERS Safety Fire PEPRA ER PR Batch 00004.11.2024 PERS Safety Fire PEPRA ER 7,005.20 PR Batch 00004.11.2024 PERS Safety Police ER PR Batch 00004.11.2024 PERS Safety Police ER 3,631.64 PR Batch 00004.11.2024 PERS Safety Police PR Batch 00004.11.2024 PERS Safety Police 1,398.93 PR Batch 00004.11.2024 PERS Reported FLSA PR Batch 00004.11.2024 PERS Reported FLSA 1,781.61 Total for this ACH Check for Vendor 3472: 57,761.19
ACH 3476 CHILD SUPPORT STATE DISBURSEMENT UNIT - ACH 11/29/2024 PR Batch 00004.11.2024 Child Support PR Batch 00004.11.2024 Child Support 166.38 Total for this ACH Check for Vendor 3476: 166.38
ACH 4707 ICMA-WIRE 401(A) 11/29/2024
PR Batch 00004.11.2024 Def Comp 401(a) ICMAPR Batch 00004.11.2024 Def Comp 401(a) ICMA 250.00 Total for this ACH Check for Vendor 4707: 250.00
86721 3006 AIRGAS NCN 12/09/2024
9155906171 11/20/24 Oxigen 128.60
Total for Check Number 86721: 128.60
86722 3007 ALERT-O-LITE, INC. 12/09/2024
0167808-IN INV# 0167808-IN- Signs/ Barricades CIP 4,182.76 Total for Check Number 86722: 4,182.76
86723 4875 BOUND TREE MEDICAL LLC 12/09/2024
85565527 Medical Supplies 137.94
Total for Check Number 86723: 137.94
86724 5061 CAROLE BUNTING 12/09/2024
11/5/2024 Ambulance Overpayment service date 4/25/24 179.42 Total for Check Number 86724: 179.42
86725 5062 VIRGINIA CABALLERO 12/09/2024
11/05/2024 Ambulance Overpayment service date 12/06/24 350.00 Total for Check Number 86725: 350.00
86726 4952 CAL-OSHA PENALTIES 12/09/2024
1647073 City of Kingsburg Citation/Resolution Inspection #1647073 1,350.00 Total for Check Number 86726: 1,350.00
86727 4429 CANON FINANCIAL SERVICES, INC 12/09/2024
36314560 Senior Center printer for Oct 24 296.79
36335685 Senior Center printer for Oct 24 121.93
Total for Check Number 86727: 418.72
86728 3080 CHADS AUTO GLASS 12/09/2024
101858 Front windshield unit #2146 520.07
Total for Check Number 86728: 520.07
86729 4759 CXT, INC 12/09/2024
90090679 Sourcewell-CXT Dog Park Prop 68 grant 97,235.92 AP Checks by Date - Detail by Check Number (12/11/2024 12:49 PM) Page 3 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 86729: 97,235.92
86730 5002 DATA TICKET, INC 12/09/2024
172513 Citation Processing services (Oct 2024) 216.74
Total for Check Number 86730: 216.74
86731 4615 EMERALD TEXTILES SERVICES 12/09/2024
EFRE-00200519 Services 11/10/24-11/16/24 277.20
Total for Check Number 86731: 277.20
86732 3158 ENER POWER 12/09/2024
73286 Electric Energy charges for 8/26/24-9/24/24 SID 7543447613 2,603.00 73287 Electric Energy charges for 8/26/24-9/24/24 SID 7547167697 254.00 73288 Electric Energy charges for 8/26/24-9/24/24 SID 7547167697 1,576.00 73289 Electric Energy charges for 8/26/24-9/24/24 SID 7543447066 5,006.00 73290 Electric Energy charges for 8/26/24-9/24/24 SID 7543447336 706.00 Total for Check Number 86732: 10,145.00
86733 5005 FIRESTATS, LLC. 12/09/2024
2024191 Fire Dept Master plan-project completed 9,400.00 Total for Check Number 86733: 9,400.00
86734 3179 LEE FORLINES 12/09/2024
01132024 Per Diem - SLI Course/POST Plan IV 1/13-01/15 322.50 12162024 Per Diem - SLI Course/POST Plan IV 12/15-12/18 322.50 Total for Check Number 86734: 645.00
86735 3184 FRESNO CITY COLLEGE-Business Office 12/09/2024 18681846-47 Interview & Interrogation Advance (Gonzales, Castellanos) 150.00 Total for Check Number 86735: 150.00
86736 3185 FRESNO COUNCIL OF GOVERNMENTS 12/09/2024
Dues 2024/25 Member Dues for 2024/2025 513.00
Total for Check Number 86736: 513.00
86737 4932 FRESNO OXYGEN/BARNES WELDING 12/09/2024
0091663384 POD CO2 bulk order 229.88
0091670480 POD CO2 bulk order 229.88
Total for Check Number 86737: 459.76
86738 4492 MONIQUE GONZALES 12/09/2024
12032024 Per Diem Recruit Training Office Course 12/3-12/6/24 301.00 Total for Check Number 86738: 301.00
86739 3222 HENRY SCHEIN, INC. 12/09/2024
26582914 Medical Supplies 58.61
27603289 Medical Supplies 440.10
27723755 Medical Supplies 217.25
Total for Check Number 86739: 715.96
86740 4562 INDUSTRIAL SCIENTIFIC 12/09/2024
2746974 7/1/24 Cylinder calibration gas 25 ppm ammonia 569.91 AP Checks by Date - Detail by Check Number (12/11/2024 12:49 PM) Page 4 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 86740: 569.91
86741 3999 IRON MOUNTAIN 12/09/2024
JXZZ367 Shred Services 10/23/24-11/25/24 194.33
Total for Check Number 86741: 194.33
86742 3329 JOLENE POLYACK MARKETING 12/09/2024
3271 Econ Dev Nov 2024 3,300.00
Total for Check Number 86742: 3,300.00
86743 3244 JORGENSEN & CO. 12/09/2024
6164350 P.D. Sprinkler 5 year service 725.90
Total for Check Number 86743: 725.90
86744 3249 KAISER FOUNDATION HEALTH PLAN INC12/09/2024
Jan 2025 Med Ins Premium-Jan 2025 5,651.95
Total for Check Number 86744: 5,651.95
86745 3510 KINGSBURG TOWING 12/09/2024
60291 Police #2146 needed tow service 100.00
Total for Check Number 86745: 100.00
86746 4662 KOEFRAN INDUSTRIES, INC. 12/09/2024
627955 Animal control-disposal 250.00
Total for Check Number 86746: 250.00
86747 3267 KULOW BROS. 12/09/2024
8883 Council Badge Invoice 8883 30.93
8884 BID Badges Invoice 8884 176.95
Total for Check Number 86747: 207.88
86748 5053 DUSTIN LAMBORN 12/09/2024
12022024 Per Diem - ICI Core Course 230.00
Total for Check Number 86748: 230.00
86749 3269 LAW & ASSOCIATES INVESTIGATION 12/09/2024
24-211 David Bustamante-background investigation 700.00 Total for Check Number 86749: 700.00
86750 4977 LEHR 12/09/2024
SI107798 7/30/2024: QT 48355 Panasonic table FZ-SVCTPNF5Y Panasonic 5 yr 585.13 SI107798 7/30/2024: QT 48355 Panasonic tablet FZ-G2EZ004AM 2,696.07 SI107798 7/30/2024: QT 48355 Panasonic table FZ-VEKG21LM replacement key 514.35 SI107798 7/30/2024: QT 48355 Panasonic tablet recycle fee 5.00 SI110573 7/30/2024: QT 48355 Panasonic tablet DS-PAN-721 stn x2 1,539.90 SI111968 7/30/2024: QT 48355 Panasonic tablet FZ-VPF38U Panasonic 10,1" S 86.64 Total for Check Number 86750: 5,427.09
86751 3275 LIEBERT, CASSIDY, WHITMORE 12/09/2024
277572 Client/Matter No: K1010-00001 891.00
279748 Client/Matter No: K1010-00001 207.00
AP Checks by Date - Detail by Check Number (12/11/2024 12:49 PM) Page 5 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 86751: 1,098.00
86752 3277 LINCOLN AQUATICS 12/09/2024
Q2029520 Pool acid 11/6/24 1,249.89
Total for Check Number 86752: 1,249.89
86753 5063 CARLOS LUNA 12/09/2024
11/05/2024 Ambulance Overpayment service date 12/30/23 44.70 Total for Check Number 86753: 44.70
86754 3293 MID VALLEY DISPOSAL 12/09/2024
OCT 2024 Franchise Fees-OCT 2024 12,400.88
OCT 2024 OCT 2024 Multi 2-4 & Multi 5+ less (3,195.68) 18,108.82 OCT 2024 OCT 2024 Comm-less FF's (9,205.20) 52,162.83
OCT 2024 OCT 2024 Residential 105,683.65
OCT 2024 Franchise Fees-OCT 2024 -12,400.88
Total for Check Number 86754: 175,955.30
86755 3997 MID VALLEY DISPOSAL RECYCLING & TRANSFER STATION 12/09/2024 68841300 Street sweeping refuse 11/14 1,395.50
Total for Check Number 86755: 1,395.50
86756 3466 NAPA AUTO PARTS 12/09/2024
689309 Wiper Blades for Vehicle #2122 (Ramirez) 65.36
Total for Check Number 86756: 65.36
86757 4849 NAPA AUTO PARTS 12/09/2024
906453 wiper blades for vehicles 252.22
Total for Check Number 86757: 252.22
86758 3307 NELSON'S ACE HARDWARE-SELMA 12/09/2024
155048 11/10 smart flo center hose, spray gloss 92.75
155268 11/17/24 multi/angl wash brush 94.13
155271 11/17/24 smart flo/cntrhose credit -78.45
155291 11/17/24 Moto Mix 1 gal 87.16
Total for Check Number 86758: 195.59
86759 4763 AJ O'CONNELL 12/09/2024
ICC CONF OCT24 ICC Annual Conference Hotel and per Diem 10/19-10/26/24 2,231.16 Total for Check Number 86759: 2,231.16
86760 5058 OPERATIONAL STRATEGIC INNOVATIONS GROUP LLC 12/09/2024 LK2402 OSIG Situational Awareness Course (KPD) 800.00
Total for Check Number 86760: 800.00
86761 3312 O'REILLY AUTO PARTS 12/09/2024
4445-481806 Sealed beam lights for PW #612 31.21
4445-482353 Battery replacement Unit 1625 (Meza) 181.63 445-482249 11/23 Blue Def drum 288.36
445-482490 11/25 tire gauges x 2 29.79
Total for Check Number 86761: 530.99
AP Checks by Date - Detail by Check Number (12/11/2024 12:49 PM) Page 6 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
86762 4583 CIERA ORTIZ 12/09/2024
tuition reim Columbia Southern University-Tuition Reimb 544.00 Total for Check Number 86762: 544.00
86763 4311 JEREMY OWENS 12/09/2024
reimbursement per diem Shoe fire 10/11-10/22/24 740.00
Total for Check Number 86763: 740.00
86764 3315 P G & E 12/09/2024
10/15-11/13/24 Electricity 10/15/24-11/13/24 acct7502184272-1 4,668.86 10/15-11/13/24 Electricity 10/15/24-11/13/24 acct7502184272-1 4,668.87 10/25-11/24/24 Electricity 10/25/24-11/24/24 acct 9285082237-7 105.57 10/28-11/25/24 Electricity 10/25/24-11/24/24 acct 7371161282-7 660.17 10/28-11/25/24 Electricity 10/25/24-11/24/24 acct 7371161282-7 660.18 10/29-11/26/24 Electricity 10/29/24-11/26/24 acct1628344672-8 1,141.45 Total for Check Number 86764: 11,905.10
86765 4942 POLICE&SHERIFF'S PRESS 12/09/2024
111832 Prox ID card (Reseerve Torres) 22.60
Total for Check Number 86765: 22.60
86766 3334 PROFESSIONAL PRINT & MAIL, INC 12/09/2024
123500 Statements-Delinquent Notices-Nov 24 Qty390 269.82 123500 Statements-Delinquent Notices-Nov 24 Qty390 269.83 Total for Check Number 86766: 539.65
86767 3940 SAN DIEGO POLICE EQUIPMENT, INC 12/09/2024
662228 Freight and Sales tax for invoice 662228 7/12/24 74.21 Total for Check Number 86767: 74.21
86768 4723 GLENN SAY 12/09/2024
14189007129 Say-safety boot reimb 140.22
Total for Check Number 86768: 140.22
86769 3961 SHARP AMBULANCE BILLING 12/09/2024
53151 Ambulance billing service Oct 2024 6,940.26
Total for Check Number 86769: 6,940.26
86770 3369 SILVAS OIL COMPANY, INC. 12/09/2024
194943CT Fuel Fire 10/16 - 10/31/24 987.90
194943CT Fuel Measure E 10/16 - 10/31/24 987.91
194943CT Fuel Amb E 10/16 - 10/31/24 987.90
195493CT CH Gas Card Chrgs 11/16/24-11/30/24 72.09
195493CT CH Gas Card Chrgs 11/16/24-11/30/24 95.03
195493CT PW Gas Card Chrgs 11/16/24-11/30/24 144.36
195493CT CH Gas Card Chrgs 11/16/24-11/30/24 132.79
195493CT PW Gas Card Chrgs 11/16/24-11/30/24 72.09
195493CT PW Gas Card Chrgs 11/16/24-11/30/24 106.11
195493CT PW Gas Card Chrgs 11/16/24-11/30/24 343.39
195493CT CH Gas Card Chrgs 11/16/24-11/30/24 140.42
195494CT Measure E Fuels (Stephens, Salinas, Fortlines, Ruiz, Padavick) 929.86 195494CT ACT Fuel (Gomez) 264.08
195494CT GF Fuels 2,034.40
195494CT KHS Fuel (Arevalo) 73.36
AP Checks by Date - Detail by Check Number (12/11/2024 12:49 PM) Page 7 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
195494CT KES Fuel (Jimenez) 105.40
Total for Check Number 86770: 7,477.09
86771 4262 SILVERFOX ELECTRIC, INC. 12/09/2024
3471 Well #14 bypass switch 160.00
Total for Check Number 86771: 160.00
86772 3385 STRYKER SALES LLC 12/09/2024
9207771152 Procare service contract 2 yrs 11/15/24-11/14/26 16,030.08 Total for Check Number 86772: 16,030.08
86773 4028 SUPERIOR POOL CARE 12/09/2024
5025 Owner-Eddie C. Reed Flange Repair Emergency Fix Invoice 5025 dat 6,496.42 5030 Owner-Eddie C. Reed November Pool Service Invoice #5030 2,600.00 Total for Check Number 86773: 9,096.42
86774 3396 THE BUSINESS JOURNAL 12/09/2024
2024-5979 Newspaper publication (invoice 2024-5979) 520.00 Total for Check Number 86774: 520.00
86775 4636 THE MOWERS EDGE INC 12/09/2024
209170 repairs to rescue saw with bar and chain T145 68.00 Total for Check Number 86775: 68.00
86776 3402 THOMSON REUTERS - WEST 12/09/2024
851180625 Software Subscriptions Charges - Dec 2024 133.34 Total for Check Number 86776: 133.34
86777 5052 TILMOR, LLC 12/09/2024
12374363 INV#12374363 OWR4- compost spreader 8,859.00
Total for Check Number 86777: 8,859.00
86778 4788 TOWNSEND PUBLIC AFFAIRS INC. 12/09/2024
22563 Consulting services for the month of Dec 24 6,000.00 Total for Check Number 86778: 6,000.00
86779 4016 ULINE Shipping Supplies Specialist 12/09/2024 185834533 PW Gloves 1,784.71
Total for Check Number 86779: 1,784.71
86780 4774 VALLEY AIR CONDITIONING & REPAIR, INC. 12/09/2024 89623/88936 Pool heater Replacement Labor Charge Invoice 89623 and 88936 dat 4,975.09 Total for Check Number 86780: 4,975.09
86781 3416 VERIZONWIRELESS 12/09/2024
9978803400 Cellular Svc. 10/16/24-11/15/24 96.28
9978803400 Cellular Svc. 10/16/24-11/15/24 26.32
9978803400 Cellular Svc. 10/16/24-11/15/24 52.19
9978803400 Cellular Svc. 10/16/24-11/15/24 29.90
9978803400 Cellular Svc. 10/16/24-11/15/24 95.48
9978803400 Cellular Svc. 10/16/24-11/15/24 90.14
9978803400 Cellular Svc. 10/16/24-11/15/24 20.81
AP Checks by Date - Detail by Check Number (12/11/2024 12:49 PM) Page 8 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
9978803400 Cellular Svc. 10/16/24-11/15/24 35.05
9978803400 Cellular Svc. 10/16/24-11/15/24 80.65
9978803401 Wireless bill for fire/amb10/16/24-11/15/24 1,148.46 Total for Check Number 86781: 1,675.28
86782 3418 VIDEO INSPECTION SPECIALISTS INC 12/09/2024
9149 Reissue CK85984 7/19/2024 ck was voided on12/3/24 ck lost 12,162.50 Total for Check Number 86782: 12,162.50
86783 4441 VULCAN MATERIALS CO. WESTERN DIVISION 12/09/2024 2288514 PW Sand general use 109.89
Total for Check Number 86783: 109.89
86784 3469 WECO SUPPLY CO., INC. 12/09/2024
975633 CYL rental invoice 32.40
Total for Check Number 86784: 32.40
86785 4468 FER YANG 12/09/2024
tuition reimb University of Phoenix-Tuition Reimbursement 1,364.00 Total for Check Number 86785: 1,364.00
86786 4584 DEVIN YOUNG 12/09/2024
reimbursement per diem Willamette complex 9/1,9/2,9/16,9/17/24 296.00 Total for Check Number 86786: 296.00
Report Total (73 checks): 590,823.84
AP Checks by Date - Detail by Check Number (12/11/2024 12:49 PM) Page 9

CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell, Jr. & City Council
REPORT FROM: Christina Windover, Assistant City Manager REVIEWED BY: AJH AGENDA ITEM: Salary Chart: Revisions & January 1, 2025 (Proposed) ACTION REQUESTED: ___Ordinance ___Resolution __Motion _____Receive/File

EXECUTIVE SUMMARY
Staff has updated the October 28, 2024 City of Kingsburg Salary Chart to reflect corrections to Council-approved MOU salary increases for the Kingsburg Professional Firefighters Association and the July 1, 2024 Salary Chart to reflect corrections to Council-approved MOU salary increases for the Police Sergeant positions (redline salary charts are included in the packet).

Staff has updated the January 1, 2025 City of Kingsburg Salary Chart to reflect the following proposed wage increases:
• Kingsburg Police Officers Association: 4% base wage increase • Kingsburg Police Officers Association: Add 2.5% to Sergeant A Step (so there is a 7.5% difference between Officer E step and Sergeant A Step.
• Kingsburg Public Service Employees Association: 4% base wage increase • Unrepresented employees per Resolution No. 2022-073: 4% base wage increase and Compensation Study adjustments for the positions: Accountant (4.8%), Community Services Director (2.8%), Assistant City Manager/Administrative Services Director (10%), Public Works Superintendent (2.3%). • City Councilmembers including the Mayor: $700 per month • Part-time employees: Minimum wage increase to $16.50 per hour or $0.50 increase per hour or the corresponding increase for the full-time equivalent positions.

RECOMMENDED ACTION BY CITY COUNCIL

1. Approve the proposed Salary Charts.

POLICY ALTERNATIVE(S)

1. City ordinance and CalPERS require employee wages to be approved by the governing body of the agency.

Council can direct staff to revise the proposed salary charts and provide alternative direction to staff.

REASON FOR RECOMMENDATION/KEY METRIC

1. The Council has oversight on all wages associated with City positions. This is part of our financial stability initiative.

FINANCIAL INFORMATION

PRIOR ACTION/REVIEW
Meeting Date: 12/18/2024
Agenda Item: 2
FISCAL IMPACT:

1. Is There A Fiscal Impact? Yes

2. Is it Currently Budgeted? Yes

3. If Budgeted, Which Line? Varies

Council approves all Salary Charts.

BACKGROUND INFORMATION
See Executive Summary.

ATTACHED INFORMATION

1. July 1, 2024 Salary Chart – Redline showing corrections.

2. October 28, 2024 Salary Charts Redline showing corrections.

3. January 1, 2025 Salary Chart Redline showing proposed changes.

Salary Chart as of 07/01/2024*Revised Sergeants 12-18-2024 Annual except where noted A B C D E
Administration
City Manager 218,178
Assit City Manager /Director Admin Srvcs 135,259 142,022 149,124 156,580 164,409 Council Member-Mayor Monthly Stipend 300
Council Member Monthly Stipend 250
Community Development Director 129,029 135,481 142,255 149,368 156,836 Building Official 70,262 73,771 77,446 81,302 85,385
Bld. Ins/ Code Enforc I 46,201 48,515 50,920 53,476 56,137 Bld. Ins.Code Enforc II 55,411 58,179 61,098 64,168 67,374 Community Dev Admin Asst ll w/Plan Com 49,967 52,462 55,079 57,831 60,720 Neighborhood Improvement Officer/ Hourly 22.25
Finance Director 129,029 135,481 142,255 149,368 156,836 Accountant 62,300 65,415 68,686 72,120 75,726
PT Account Clerk 1/ Hourly 19.47 20.45 21.47 22.55 23.67 Account Clerk 1 40,500 42,526 44,659 46,897 49,226
Account Clerk II 44,402 46,610 48,939 51,404 53,975
Account Clerk II W/AP 46,594 48,923 51,389 53,959 56,636 Account Clerk III 48,818 51,252 53,838 56,515 59,343
Payroll Specialist 54,109 56,814 59,655 62,638 65,769
City Clerk 102,336 107,452 112,825 118,466 124,390
Community Services Director 106,781 112,120 117,726 123,612 129,793 Management Intern/ Hourly 16.00
Management Assistant 49,870 52,378 54,989 57,734 60,640 Fire
Fire Chief 142,376 149,495 156,970 164,819 173,059
Fire Adm Assistant 54,907 57,655 60,525 63,564 66,719
Fire Captain EMT 68,453 71,872 75,489 79,255 83,236
Fire Captain Paramedic 73,424 77,108 80,957 85,004 89,216 Fire Engineer/Paramedic 62,120 65,231 68,481 71,909 75,502 Firefighter/EMT 55,277 58,045 60,936 63,992 67,186
Firefighter/Paramedic 59,155 62,097 65,165 68,500 71,914 Firefighter/Paramedic 40 HR WW 44,318 46,535 48,862 51,298 53,859 Part-time Firefighter EMT 16.00 17.00 18.00
Non-Safety Paramedic/ Hourly 21.98
PT FF/Medic 17.00 19.00 21.98
Police
Police Chief 142,376 149,495 156,970 164,819 173,059
Police Lieutenant 106,465 111,788 117,378 123,247 129,409 Police Sergeant Classic $ 87,208 $ 91,568 $ 96,146 $ 100,954 $ 106,002 85,131 89,388 93,857 98,550 103,478
Police Sergeant hired+ 1/1/15 $ 83,476 $ 87,219 $ 87,326 $ 87,438 $ 87,556 87,649 92,032 96,633 101,465
Police Officer 66,704 70,038 73,527 77,201 81,093
Police Officer hired+ 1/1/15 65,402 68,673 72,085 75,682 79,496 Police Recruit / Hourly 22.00
Police Admin Assistant 54,907 57,655 60,525 63,564 66,742 Police Service Technician 47,861 50,241 52,765 55,417 58,164 Police Records Supervisor 61,088 64,143 67,350 70,717 74,253 Community Services
Pool Manager/ Hourly 17.25
Aqua Aerobics Instructor/ Hourly 19.00
Lead Aqua Aerobics Instructor/ Hourly 20.50
Lead Guard/ Hourly 17.00
Lifeguard/ Hourly 16.00
Return Lifeguard/ Hourly 16.75
Pool Cashier/ Hourly 16.00 16.50
Nutrition Coordinator/ Hourly 17.00
Public Works
Public Works Director 129,029 135,481 142,255 149,368 156,836 Public Works Superintendent 68,487 71,912 75,507 79,283 83,247 Maintenance Worker I 42,103 44,190 46,398 48,712 51,147 Maintenance Worker III 52,130 54,746 57,498 60,357 63,381 Maintenance Worker II 44,008 46,201 48,515 50,920 53,476 Trolley Driver/ Hourly 30.50 Holiday 50.50
Water Operator I 45,914 48,213 50,617 53,158 55,789
Water Operator II 54,247 56,954 59,812 62,807 65,937
Water Operator III 65,801 69,098 72,546 76,191 80,002
Salary Chart as of 10/28/2024 - Redline with Corrections Annual except where noted A B C D E
Administration
City Manager 218,178
Assit City Manager /Director Admin Srvcs 135,259 142,022 149,124 156,580 164,409 Council Member-Mayor Monthly Stipend 300
Council Member Monthly Stipend 250
Community Development Director 129,029 135,481 142,255 149,368 156,836 Building Official 70,262 73,771 77,446 81,302 85,385
Bld. Ins/ Code Enforc I 46,201 48,515 50,920 53,476 56,137 Bld. Ins.Code Enforc II 55,411 58,179 61,098 64,168 67,374 Community Dev Admin Asst ll w/Plan Com 49,967 52,462 55,079 57,831 60,720 Neighborhood Improvement Officer/ Hourly 22.25
Finance Director 129,029 135,481 142,255 149,368 156,836 Accountant 62,300 65,415 68,686 72,120 75,726
PT Account Clerk 1/ Hourly 19.47 20.45 21.47 22.55 23.67 Account Clerk 1 40,500 42,526 44,659 46,897 49,226
Account Clerk II 44,402 46,610 48,939 51,404 53,975
Account Clerk II W/AP 46,594 48,923 51,389 53,959 56,636 Account Clerk III 48,818 51,252 53,838 56,515 59,343
Payroll Specialist 54,109 56,814 59,655 62,638 65,769
City Clerk 102,336 107,452 112,825 118,466 124,390
Community Services Director 106,781 112,120 117,726 123,612 129,793 Management Intern/ Hourly 16.00
Management Assistant 49,870 52,378 54,989 57,734 60,640 Fire
Fire Chief 142,376 149,495 156,970 164,819 173,059
Fire Adm Analyst (NEW) 57,652 60,535 63,562 66,740 70,077 Fire Adm Assistant 54,907 57,655 60,525 63,564 66,719
Fire Captain EMT 68,452.69 71,871.51 75,489.05 79,255.23 83,236.16 77,611.66 81,487.92 85,589.48 89,859.58 94,373.16
Fire Captain Paramedic 73,424.39 77,107.84 80,956.62 85,003.62 89,215.81 81,780.09 85,882.71 90,169.48 94,677.03 99,368.57
Fire Engineer/EMT (NEW) 63,845.00 67,037.25 70,389.12 73,908.57 77,604.00 Fire Engineer/Paramedic 62,119.88 65,231.38 68,480.57 71,908.73 75,502.09 70,431.52 73,959.34 77,643.27 81,530.12 85,604.27
Firefighter/EMT 55,277.33 58,044.65 60,935.86 63,992.30 67,186.40 61,015.12 64,069.68 67,261.00 70,634.70 74,160.35
Firefighter/Paramedic 59,154.86 62,096.88 65,164.73 68,500.06 71,914.06 67,069.78 70,405.44 73,883.77 77,665.36 81,536.16
Firefighter/Paramedic 40 HR WW 44,318.24 46,534.84 48,861.58 51,298.47 53,859.26

REMOVE REMOVE REMOVE REMOVE REMOVE
Part-time Firefighter EMT 16.00 17.00 18.00

17.66 18.76 19.87
Non-Safety Paramedic/ Hourly 21.98

24.92 PT FF/Medic 17.00 19.00 21.98

24.92 Police
Police Chief 142,376 149,495 156,970 164,819 173,059
Police Lieutenant 106,465 111,788 117,378 123,247 129,409 Police Sergeant Classic 85,131 89,388 93,857 98,550 103,478 Police Sergeant hired+ 1/1/15 83,476 87,649 92,032 96,633 101,465 Police Officer 66,704 70,038 73,527 77,201 81,093
Police Officer hired+ 1/1/15 65,402 68,673 72,085 75,682 79,496 Police Recruit / Hourly 22.00
Police Admin Assistant 54,907 57,655 60,525 63,564 66,742 Police Service Technician 47,861 50,241 52,765 55,417 58,164 Police Records Supervisor 61,088 64,143 67,350 70,717 74,253 Community Services
Pool Manager/ Hourly 17.25
Aqua Aerobics Instructor/ Hourly 19.00
Lead Aqua Aerobics Instructor/ Hourly 20.50
Lead Guard/ Hourly 17.00
Lifeguard/ Hourly 16.00
Return Lifeguard/ Hourly 16.75
Pool Cashier/ Hourly 16.00 16.50
Nutrition Coordinator/ Hourly 17.00

20.00 Public Works
Public Works Director 129,029 135,481 142,255 149,368 156,836 Public Works Superintendent 68,487 71,912 75,507 79,283 83,247 Maintenance Worker I 42,103 44,190 46,398 48,712 51,147 Maintenance Worker III 52,130 54,746 57,498 60,357 63,381 Maintenance Worker II 44,008 46,201 48,515 50,920 53,476 Trolley Driver/ Hourly 30.50 Holiday 50.50
Water Operator I 45,914 48,213 50,617 53,158 55,789
Water Operator II 54,247 56,954 59,812 62,807 65,937
Water Operator III 65,801 69,098 72,546 76,191 80,002
Salary Chart as of 1/1/2025
Annual except where noted A B C D E
Administration
City Manager 218,178
Assit City Manager /Director Admin Srvcs 135,259 142,022 149,124 156,580 164,409 154,196 161,906 170,001 178,501 187,426
Council Member-Mayor Monthly Stipend 300
700
Council Member Monthly Stipend 250
700
Community Development Director 129,029 135,481 142,255 149,368 156,836 134,191 140,900 147,945 155,342 163,110
Building Official 70,262 73,771 77,446 81,302 85,385
73,073 76,722 80,544 84,554 88,801
Bld. Ins/ Code Enforc I 46,201 48,515 50,920 53,476 56,137 48,049 50,456 52,956 55,615 58,383
Bld. Ins.Code Enforc II 55,411 58,179 61,098 64,168 67,374 57,628 60,506 63,542 66,734 70,069
Community Dev Admin Asst ll w/Plan Com 49,967 52,462 55,079 57,831 60,720 51,966 54,561 57,282 60,144 63,148
Neighborhood Improvement Officer/ Hourly 22.25

22.75 Finance Director 129,029 135,481 142,255 149,368 156,836 134,191 140,900 147,945 155,342 163,110
Accountant 62,300 65,415 68,686 72,120 75,726
67,783 71,172 74,730 78,467 82,390
PT Account Clerk 1/ Hourly 19.47 20.45 21.47 22.55 23.67

20.25 21.27 22.33 23.45 24.62
Account Clerk 1 40,500 42,526 44,659 46,897 49,226
42,119.84 44,227 46,445 48,773 51,195
Account Clerk II 44,402 46,610 48,939 51,404 53,975
46,178 48,474 50,896 53,460 56,134
Account Clerk II W/AP 46,594 48,923 51,389 53,959 56,636 48,458 50,880 53,444 56,118 58,902
Account Clerk III 48,818 51,252 53,838 56,515 59,343
50,770 53,303 55,992 58,776 61,717
Payroll Specialist 54,109 56,814 59,655 62,638 65,769
56,273 59,087 62,041 65,143 68,400
City Clerk 102,336 107,452 112,825 118,466 124,390
106,429 111,750 117,338 123,205 129,365
Community Services Director 106,781 112,120 117,726 123,612 129,793 114,042 119,744 125,731 132,018 138,619
Management Intern/ Hourly 16.00

16.50 Management Assistant 49,870 52,378 54,989 57,734 60,640 51,864 54,473 57,189 60,043 63,066
Fire
Fire Chief 142,376 149,495 156,970 164,819 173,059
148,071 155,475 163,249 171,411 179,982
Fire Adm Analyst (NEW) 57,652 60,535 63,562 66,740 70,077 59,958 62,956 66,104 69,410 72,880
Fire Adm Assistant 54,907 57,655 60,525 63,564 66,719
57,103 59,961 62,946 66,107 69,388
Fire Captain EMT 77,612 81,488 85,589 89,860 94,373
Fire Captain Paramedic 81,780 85,883 90,169 94,677 99,369 Fire Engineer/EMT (NEW) 63,845 67,037 70,389 73,909 77,604 Fire Engineer/Paramedic 70,432 73,959 77,643 81,530 85,604 Firefighter/EMT 61,015 64,070 67,261 70,635 74,160
Firefighter/Paramedic 67,070 70,405 73,884 77,665 81,536 Part-time Firefighter EMT 17.66 18.76 19.87
Non-Safety Paramedic/ Hourly 24.92
PT FF/Medic 24.92
Police
Police Chief 142,376 149,495 156,970 164,819 173,059
148,071 155,475 163,249 171,411 179,982
Police Lieutenant 106,465 111,788 117,378 123,247 129,409 110,724 116,260 122,073 128,176 134,585
Police Sergeant Classic 85,131 89,388 93,857 98,550 103,478 90,665 95,198 99,958 104,956 110,204
Police Sergeant hired+ 1/1/15 83,476 87,649 92,032 96,633 101,465 88,902 93,346 98,014 102,914 108,060
Police Officer 66,704 70,038 73,527 77,201 81,093
69,372 72,839 76,468 80,289 84,337
Police Officer hired+ 1/1/15 65,402 68,673 72,085 75,682 79,496 68,018 71,420 74,968 78,709 82,676
Police Recruit / Hourly 22.00

22.50 Police Admin Assistant 54,907 57,655 60,525 63,564 66,742 57,103 59,961 62,946 66,107 69,412
Police Service Technician 47,861 50,241 52,765 55,417 58,164 49,775 52,250 54,875 57,633 60,491
Police Records Supervisor 61,088 64,143 67,350 70,717 74,253 63,532 66,708 70,044 73,546 77,223
Community Services
Pool Manager/ Hourly 17.25

17.75 Aqua Aerobics Instructor/ Hourly 19.00

19.50 Lead Aqua Aerobics Instructor/ Hourly 20.50

21.00 Lead Guard/ Hourly 17.00

17.50 Lifeguard/ Hourly 16.00

16.50 Return Lifeguard/ Hourly 16.75

17.25 Pool Cashier/ Hourly 16.00 16.50

16.50 17.25
Nutrition Coordinator/ Hourly 20.00

20.50 Public Works
Public Works Director 129,029 135,481 142,255 149,368 156,836 134,191 140,900 147,945 155,342 163,110
Public Works Superintendent 68,487 71,912 75,507 79,283 83,247 72,802 76,442 80,264 84,277 88,491
Maintenance Worker I 42,103 44,190 46,398 48,712 51,147 43,787 45,957 48,254 50,660 53,192
Maintenance Worker III 52,130 54,746 57,498 60,357 63,381 54,215 56,936 59,798 62,771 65,916
Maintenance Worker II 44,008 46,201 48,515 50,920 53,476 45,769 48,049 50,456 52,956 55,615
Trolley Driver/ Hourly 30.50 Holiday 50.50

31.00 Holiday 51.00
Water Operator I 45,914 48,213 50,617 53,158 55,789
47,750 50,141 52,642 55,284 58,021
Water Operator II 54,247 56,954 59,812 62,807 65,937
56,417 59,232 62,205 65,319 68,574
Water Operator III 65,801 69,098 72,546 76,191 80,002
68,433 71,862 75,448 79,238 83,202

CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell, Jr. & City Council
REPORT FROM: Christina Windover, Assistant City Manager REVIEWED BY: AJH AGENDA ITEM: Kingsburg Police Officers Association – MOU 2025-2027 ACTION REQUESTED: ___Ordinance ___Resolution __Motion _____Receive/File

EXECUTIVE SUMMARY
The council previously authorized the City Manager to enter negotiations with Kingsburg Police Officers Association (KPOA). After various meetings between the city’s negotiating team and the KPOA representatives, we have reached a Tentative Agreement. Attached is the proposed Kingsburg Police Officers Association Memorandum of Understanding (MOU) effective January 1, 2025 through December 31, 2027. Articles that have proposed changes are addressed below.

Article 9. Uniforms/Uniform Allowances
• Increase sworn uniform allowances to $1,500 per year and adjust the prorated amounts for new hires by quarter.

Article 17. Wage Increases:
• January 1, 2025: 4.0% base salary increase
• January 1, 2026: 4.0% base salary increase
• January 1, 2027: 2.5% base salary increase
• July 1, 2027: 2.5% base salary increase
Sergeants:
• January 1, 2025: Increase difference from Officer E step to Sergeant A step to 7.5% from current 5% difference (a 2.5% increase).
• January 1, 2027: Increase difference from Officer E step to Sergeant A step to 10% from 7.5% difference (a

2.5% increase).
• Records Supervisor: Reclassify Records Supervisor to Police Services Supervisor. Salary determined by comparable market wages as determined by the Police Chief and approved by the City Council.

Reclassification and approval by Council to be completed by July 1, 2025.

Article 19: Night Shift Premium
• A night shift premium of two and one-half (2.5%) percent will be paid to association members assigned to patrol night shift between the hours of 1800-0600.

Article 28: Fitness Cost Reimbursement Program
• Association may propose a merit based testing system that will be considered by City for possible implementation by July 1, 2025.

Article 17 Term of MOU
Meeting Date: 12/18/2024
Agenda Item: 3

• Three Years: January 1, 2025 to December 31, 2027.

RECOMMENDED ACTION BY CITY COUNCIL

1. Approve the proposed Kingsburg Police Officers Association MOU 2025-2027.

POLICY ALTERNATIVE(S)

1. Don’t approve the Kingsburg Police Officers Association MOU and provide direction to the City Manager.

REASON FOR RECOMMENDATION/KEY METRIC

1. Financial Stability

2. Community Safety

FINANCIAL INFORMATION

ATTACHED INFORMATION

1. Kingsburg Police Officers Association MOU; Redline version.

2. Kingsburg Police Officers Association MOU 2025-2027 (Final) FISCAL IMPACT:

1. Is There A Fiscal Impact? Yes

2. Is it Currently Budgeted? Partially

3. If Budgeted, Which Line? Varies (001. 106, 108)

2022-20242025-2027

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF KINGSBURG AND

THE KINGSBURG POLICE OFFICERS ASSOCIATION
This is a "Memorandum of Understanding" ("MOU") between the CITY OF KINGSBURG ("CITY") and the KINGSBURG POLICE OFFICERS ASSOCIATION ("ASSOCIATION"). This MOU sets forth the full and only agreement on wages, hours and terms and conditions of employment that are subject to negotiation between the ASSOCIATION and the CITY.

ARTICLE 1.

ASSOCIATION/RECOGNITION
CITY has recognized ASSOCIATION as the exclusive representative of the full-time association members, including probationary association members, employed in the job classifications listed below and their representative agent Rains Lucia Stern St. Phalle & Silver, PC. For purposes of this MOU a "full time association member" is one who is regularly scheduled to work an average of forty (40) hours per week.

CLASSIFICATION TITLES
Police Sergeant ("Sworn")
Police Officer ("Sworn")
Records Supervisor ("Non-Sworn")
Police Services Technician ("Non-Sworn")
Unless otherwise expressly stated, the singular or plural of the word "association member" as used in this MOU means "full time association member" as defined above.

ARTICLE 2.

HOURS OF WORK
Eight (8), nine (9), ten (10), and twelve (12) hour work shifts are established for all sworn and non-sworn association members. Association members on these shifts shall be assigned at the discretion of the Chief of Police. The Chief of Police reserves the right to assign staff based upon the needs of the police department.

Standard Schedule
Standard Work Schedule – The Standard Work Schedule is defined as five (5) eight (8) hour days in each week of the pay period, for a total of 80 hours in the pay period.

1. Sworn personnel – The Standard Work Schedule for Sworn personnel shall be five (5) eight (8) hour shifts per week, with a non-guaranteed meal period not to exceed 30 minutes.

2. Non-Sworn personnel – The Standard Work Schedule for Non-Sworn personnel shall be five (5) eight (8) hour shifts per week, with a non-paid meal period of 30 minutes.

Alternative Schedules

9/80 Alternative Work Schedule – The 9/80 Alternative Work Schedule is defined as five (5) nine (9) hour shifts in one week of the pay period and three (3) nine (9) hour shifts and one (1) eight (8) hour shift in the other week of the same pay period, for a total of 80 hours in the pay period. Scheduling of the weeks shall be at the discretion of the Chief of Police or designee.

1. Sworn personnel – The 9/80 Alternative Work Schedule shall be five (5) nine (9) hour shifts in one week of the pay period and three (3) nine (9) hour shifts and one (1) eight (8) hour shift in the other week of the same pay period, with a non-guaranteed meal period not to exceed 30 minutes.

2. Non-Sworn personnel – The 9/80 Alternative Work Schedule shall be five (5) nine (9) hour shifts in the first week of the pay period and three (3) nine (9) hour shifts and one 1) eight (8) hour shift in the second week of the same pay period, with a non-paid meal period of 30 minutes.
4/10 Alternative Work Schedule – The 4/10 alternative Work Schedule is four (4) ten (10) hour shifts in each week of the pay period, for a total of 80 hours

1. Sworn personnel – The 4/10 Alternative Work Schedule for Sworn personnel shall be four (4) ten (10) hour shifts per week, with a non-guaranteed meal period not to exceed 30 minutes.

2. Non-Sworn personnel – The 4/10 Alternative Work Schedule for Non-Sworn personnel shall be four (4) ten (10) hour shifts per week with a non-paid meal period of 30 minutes. 12 Hour Alternative Work Schedule – The 12 Hour Alternative Work Schedule is defined as six (6) 12 hour shifts and one (1) eight (8) hour shift inside of a two (2) week pay period, for a total of 80 hours in the pay period.

1. Sworn Personnel – The 12 Hour Alternative Work Schedule for Sworn personnel shall be six (6) 12 hour shifts and one (1) eight-hour shift in a two (2) week pay period, with a nonguaranteed meal period not to exceed 30 minutes.

It is understood that sick leave and vacation time are earned at the same (current) rate, but are utilized on an hour for hour basis.

Association members working a 12-hour workday may be held over or asked to report to work early in order to cover shifts. Every effort will be made to limit a workday to 18 consecutive hours.

Shift Coverage for Scheduled Community Events – Shift schedules designed to provide staffing for annual, recurring community events as determined by the Police Chief will be completed and posted by the department at least fourteen (14) days in advance of the event. Exceptions may occur when events take place or information is received that necessitates changes in staffing levels within the 14- day period.

All association members available for event staffing will receive advanced notice of the signup posting for any event requiring overtime staffing.

Notwithstanding the above, the Police Chief or his authorized representative may assign any Police Officer to any Watch, at any time, when there exists a need or cause to make such assignment.

In these cases, the Police Officer being reassigned shall be given the reasons for reassignment and at least 48 hours’ notice of said reassignment except that shorter notice may be given in cases of emergent need.

ARTICLE 3.

OVERTIME
All overtime work must be authorized by the Chief of Police or his designee in advance. For the purpose of computing overtime, all hours in paid status shall be considered as hours worked.

Overtime pay at the rate of one and one-half (1-1/2) times the association member's straight time hourly wage rate shall be paid for all hours worked in excess of forty (40) hours per week.

Alternatively, association members may elect to accrue compensatory time at the rate of one and one-half (1-1/2) times the number of overtime hours worked. All current KPOA association members hired before January 1, 2017 may accrue a maximum of 240 hours at any given time. Once this maximum is reached there shall be no further accrual of compensatory time, until the accrual is below the maximum. All new association members hired on or after January 1, 2017, may accrue a maximum of 120 hours of compensatory time. Effective January 1, 2017, any association members whose compensatory time bank exceeds the maximum cap will be unable to accrue further comp time until they are below the maximum set forth herein. Any association member who is separated from CITY service shall be entitled to payment for accrued compensatory time at the association member's base hourly wage at the time of the association member's separation, less all normal deductions.

ARTICLE 4.

NON-SWORN EDUCATION EXPENSE REIMBURSEMENT
Non-Sworn association members who receive advance approval (Department Heads' approval is based upon a finding that courses are job related and sufficient funds remain in the training appropriation), and who voluntarily attend and successfully complete (with a grade of "C" or better) community college/California State University undergraduate courses of instruction or equivalent (including technical institute courses), will be reimbursed for documented out-of-pocket expenditures for course fees and books limited to $400 per school year.

ARTICLE 5.

REST PERIODS
Association members working eight hour/five-day week shifts shall be allowed a rest period not to exceed fifteen (15) minutes during each four (4) consecutive hours of work. Association members who work more than 10 hours in a day may take a third rest period of at least 10 minutes.

Rest periods will be scheduled with the association members' supervisor so that the delivery of services is not adversely impacted. If events interfere with a scheduled rest period, the association member will contact his/her supervisor to reschedule a rest period sometime during the same four (4) hour period.

Association members who believe they have not been provided the opportunity to take all rest periods should inform their supervisor immediately.

ARTICLE 6.

MEAL PERIOD
All association members working over five hours in a day shall normally be scheduled for their 30-minute meal break near the middle of the normal work day. Meal periods will be scheduled with the association members' supervisor so that the delivery of service is not adversely impacted. If events interfere with a scheduled meal period, the association member shall contact his/her supervisor to reschedule a lunch period at some other convenient time as near the middle of the work day as feasible.

Association members who believe they have not been provided the opportunity to take all meal periods should inform their supervisor immediately.

ARTICLE 7.

HOLIDAYS
The following days are recognized as paid holidays for Non-Sworn association members:

Holiday
New Year's Day
Martin Luther King Jr's Birthday
Lincoln's Birthday
Washington's Birthday
Good Friday
Memorial Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving
Day after Thanksgiving
Christmas Eve
Christmas Day
New Year's Eve
Association member’s Birthday
Date
January 1
Third Monday in January
2nd Monday in February
3d Monday in February
One-half day Friday before Easter
Last Monday in May
July 4
First Monday in September
November 11
Fourth Thursday in November
Friday after Thanksgiving
December 24
December 25
December 31,
May be used as a floating holiday;
must be used in the same calendar year or it
is lost
Holidays which fall on Saturday are observed on the preceding Friday; and holidays which fall on Sunday are observed on the following Monday. Holidays that occur during an association member's vacation will be treated as a paid holiday rather than a vacation day. This holiday schedule shall apply solely to Non-Sworn association members in the bargaining unit.

ARTICLE 8.

VACATION
Association members shall be entitled to annual vacation leave, with pay, at the convenience of CITY, and shall earn annual vacation credits at the following rates:

Years of Service Days of Vacation
1-5 years 12 days
6 years 13 days
7 years 14 days
8 years 15 days
9 years 16 days
10 years 17 days
11 years 18 days
12 years 19 days
13 years 20 days
20 years 25 days
Vacation leave accrual shall be hourly as calculated by the City every pay period, in accordance with the above schedule Vacation leave accrual shall have a maximum cap of 240 hours.

Thus, when an association member reaches this cap, there will be no vacation leave accrual until the vacation leave accrued is below the maximum cap of 240 hours. Use of compensatory time for scheduled vacation is not allowed. All association members are required to take a minimum of 40 hours of vacation per calendar year.

ARTICLE 9.

UNIFORMS/UNIFORM ALLOWANCES
In accordance with CITY regulations, Sworn association members shall be required to wear CITY prescribed, full uniforms (including footwear) at all times when on duty, on an assignment that requires a uniform or as directed by the Chief of Police or his designee. Uniforms shall only be worn while performing City duties or as authorized by the Chief of Police. The uniform allowance for all Sworn association members shall be $1,500.001,000.00 per year, paid in the second month (February) of the pay year.
 For Sworn association members hired in the first quarter of a calendar year (JanuaryMarch) and worked at least nine (9) months of that calendar year, uniform allowance will be $1,125.00750, paid in the following calendar year.  For Sworn association members hired in the second quarter of a calendar year (AprilJune) and worked at least six (6) months of that calendar year, uniform allowance will be $750.00500, paid in the following calendar year.
 For Sworn association members hired in the third quarter of a calendar year (JulySeptember) and worked at least three (3) months of that calendar year, uniform allowance will be $375.00250, paid in the following calendar year.

 For Sworn association members hired in the fourth quarter of a calendar year (OctoberDecember) no uniform allowance will be paid until the association member has worked a full 12 month in the next calendar year.

For Non-Sworn association members, the uniform allowance shall be $800.00 per year, payable in the second month (February) of the pay year. However, the uniform allowance for NonSworn association members hired on or after January 1, 2017, shall be $200 per year, payable in the second month (February) of the year. This amount shall include costs of uniform purchase, maintenance, damage, and repair. Association members shall be responsible for paying all associated PERS contributions, if any.

ARTICLE 10.

SICK LEAVE
Association members earn fifteen (15) days of sick leave per year, at a rate of ten (10) hours per month. Upon retirement from CITY service,' an association member is entitled to cash out one-half of the sick leave hours accumulated at date of retirement.

Sick leave accrual shall have a maximum cap of 800 hours. Thus, when an association member reaches this cap, there will be no sick leave accrual until the sick leave accrued is below the maximum cap of 800 hours. In January 2013, the cap was set at 400 hours and association members with hours in excess of 400 hours, as of 1/1/2013, had all such excess hours addressed in the following manner:

The association member had two separate sick leave banks for a temporary period of time. In the first, original, accruing sick leave bank ("Leave Bank 1"), on 1/1/2013, the amount in Leave Bank 1 will be 320 hours, and the excess hours over 320 hours will be set aside in a separate, non-accruing sick leave bank. ("Leave Bank 2"). From 1/1/2013 through 12/31/2013, all sick leave utilized by the association member was deducted from Leave Bank 1. Beginning 1/1/2014, and continuing through this MOU, 25% of all sick leave utilized by the association member will be deducted from Leave Bank 1 and 75% will be deducted from Leave Bank 2 until the excess is depleted and Leave Bank 2 is thereby eliminated. All hours of sick leave accrued during the time of this MOU shall be placed in Leave Bank

1. Upon retirement from CITY service, and having worked for at least ten (10) consecutive years with the CITY, an association member is entitled to cash out one-half (1/2) of the sick leave days accumulated, up to a maximum of 200 hours, at the date of retirement.

ARTICLE 11.

SICK LEAVE CONVERSION
Association members who have an accumulated balance of thirty-five (35) or more days of sick leave as of the end of the last full pay period in June may elect the following sick leave conversion option once per calendar year during the month of July so long as the association member’s remaining sick leave balance is not less than thirty (30) days after the conversion. Association members may annually convert five (5) accumulated sick days into five (5) vacation days. The election will be done

by responding to City on the form designated for this purpose provided by the payroll clerk.

ARTICLE 12.

COURT STAND-BY PAY
Association members shall be paid one-half (1/2) pay at their overtime rate for all time recorded as Court Stand-by Pay. If an association member is summoned to court, they will be paid a minimum of 2 hours overtime.

ARTICLE 13.

RETIREMENT
A) California Public Employees’ Retirement System. CITY shall provide all association members access to the California Public Employees' Retirement System ("CalPERS") retirement plan benefits. The existing CalPERS retirement plan elements are set by the existing contract(s) between CITY and CalPERS; and are generally described below:

The existing plan for members who are not defined as “new members” under the Public Employees’ Pension Reform Act (“PEPRA”) are as follows:
1) a) For Sworn: CalPERS three percent (3%) per year at age 55 formula. b) For Non-Sworn: CalPERS two percent (2%) at age 55 formula.

Employees who are not defined as “new members” will pay the entire nine percent (9%) employee contribution. In addition, classic members will pay an additional three percent (3%) of the employer share as cost sharing under Government Code section 20516(f) for a total employee contribution of twelve percent (12%).

Employees who are defined as “new members” under PEPRA will be subject to all applicable PEPRA provisions. New members will contribute fifty percent (50%) of the total normal cost of the retirement benefit, as determined by CalPERS. The parties agree that cost sharing shall survive the expiration of the MOU during negotiations for a successor MOU. If, at any time in the future, cost sharing ceases without reaching agreement on a successor MOU, employees’ base salary will be reduced by an amount equal to the value of this three percent (3%) cost sharing. The total member contribution shall be as follows:

Association member
Group
Association member Contribution
Safety – Police PEPRA 50% total normal cost of the retirement benefit Safety – Police CLASSIC 12% (9% member contribution and 3% cost sharing)

A) Social Security ("FICA"). CITY participates in Social Security. Association member participation and benefits are required and provided in accordance with law. CITY paid and shall continue to pay the employer's FICA contribution.

B) State Disability Insurance ("SDI"), CITY participates in the California State Disability Insurance program ("SDI"). Eligible association members shall pay for and be covered by and receive SDI benefits in accordance with law, to be coordinated as determined by CITY with accrued paid time off benefits under this MOU
ARTICLE 14.

DIRECT DEPOSIT/DEFERRED COMPENSATION PLANS
All association members shall participate in the direct deposit and/or deferred compensation plans offered by CITY through its payroll system. Such participation must be effected using forms approved by CITY.

ARTICLE 15.

HEALTH PLANS
A) Plans. In accordance with the provisions of the City selected applicable plan(s), association members will pay 15% per pay period for medical, dental, vision, and life insurance cost/premiums for the current association member, and if applicable, eligible dependents.

B) Incentive. City will offer a, three-tiered cash incentive (subject to taxation as wages) to those who opt out of the medical insurance plan during open enrollment or qualifying events and who provide proof satisfactory to the City of comparable, alternative health insurance coverage, and there must be no break in the association member's health plan coverage. Failure to notify the City of loss of health plan coverage will require association member to pay his/her insurance premiums retroactively.

By opting out of insurance for the association member and/or dependent(s), association members will receive a cash incentive for changing "tiers": For each tier that association members qualify for and drop down from, association members will receive $100/month as cash wages. The three tiers are defined as:
1St Tier
*Family (Association member and 2 or more dependents)
2"d
Tier
*Association member + Spouse)
*Association member + Child(ren)
3rd Tier
*Association member (Association member only)

Example: If an association member with a spouse and a child opts out of insurance for the dependents, that association member moves down tiers from "Family" to "Association member" and will receive $200/month. If that same association member chooses 'to completely opt out of insurance for the whole family, $300/month would be paid.

ARTICLE 16.

BILINGUAL PAY
Association members who pass a bilingual proficiency test administrated by CITY will receive two and one-half percent (2.5 %) additional pay calculated on base wages.

ARTICLE 17.

WAGES
A) Wage Increase: The City will provide the following wage increases to all association members in this bargaining unit as follows:

Sworn Members:
 January 1, 20222025 45.0% base salary increase
 January 1, 20232026 2.54.0% base salary increase
 July 1, 2023 2.5% base salary increase
 January 1, 20242027 2.5% base salary increase
 July 1, 20242027 2.5% base salary increase
Sergeants:
 January 1, 2025 Increase difference from Officer E step to Sergeant A step to 7.5% from current 5% difference (a 2.5% increase).
 January 1, 2027 Increase difference from Officer E step to Sergeant A step to 10% from 7.5% difference (a 2.5% increase).

Records Supervisor:
 Reclassify Records Supervisor to Police Services Supervisor. Salary determined by comparable market wages as determined by the Police Chief and approved by the City Council. Reclassification and approval by Council to be completed by July 1, 2025.

Sworn Members:
 First payroll in December– One-time payment equivalent to 96 hours of pay at the base hourly rate as of the time of payment. Employees who separate prior to December 1, 2020 will receive a prorated amount based on 8 hours per month of employment with the City during the calendar year.

B) For those Police Officers designated by the Chief of Police or his Designee as a scheduled Officer-In-Charge (OIC), for a period of at least 4 weeks, or as otherwise determined Formatted: List Paragraph, Bulleted + Level: 1 + Aligned at:

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by the Chief, shall be compensated an additional two percent (2%) for the period of time they are scheduled as an OIC.

C) Step Increases: Step increases within a pay range shall not be automatic but shall be based upon merit and then only upon written approval by the association member's Department Head and the City Manager. Upon successful completion of six months of employment, an association member at the "A" step shall be eligible for consideration for a step increase to "B" step. Eligibility for consideration for "C" step requires six (6) months minimum service at "B" step. Eligibility for consideration for "D" and "E" steps requires one (1) year minimum service at each of the lower steps.

ARTICLE 18.

SWORN INCENTIVE PAY
Incentive pay for Sworn positions defined:

POST Intermediate Certificate Two- and one-half percent (2.5%) POST Advanced Certificate Two- and one-half percent (2.5%) POST Supervisor Certificate $1,000 one-time payment – Sergeants only.

Associate degree Two- and one-half percent (2.5)
Bachelor’s degree Five percent (5%)
Master’s degree Two- and one-half percent (2.5)
Assignment Pay: Police Chief has sole discretion to assign and remove employees from assignments based on operational needs or performance. Specialty assignments:

Detectives Two- and one-half percent (2.5)
MAGEC Two- and one-half percent (2.5)
Field Training Officer Two- and one-half percent (2.5)
Student Resource Officer Two- and one-half percent (2.5) Adult Compliance Team Two- and one-half percent (2.5)
Motorcycle Two- and one-half percent (2.5)
Accreditation shall be by a national or regional accrediting body that is recognized by the Secretary of the United States Department of Education.

The above incentive pay shall not exceed ten percent (15%) in any combination. All incentive pay shall be paid to those qualified association members who are off probation. There shall be no reduction in pay for all current association members who may be receiving incentive pay which exceeds 10%. All other association members shall be paid incentive pay as set forth herein.

Non-Sworn association members in the bargaining unit who obtain an Associate degree will receive a salary adjustment of 2.5% and another 2.5% for a Bachelor’s degree.

City is working on an Education Reimbursement Policy to be incorporated into City of Kingsburg Personnel Manual. Association Members are eligible to participate in the city’s Education Reimbursement Policy.

ARTICLE 19.

NIGHT SHIFT PREMIUM
A night shift differential premium of two and one-half percent (2.5%) will be paid to all association members assigned to patrol night shift. The premium pay will be paid for all hours actually worked, not including overtime that happens outside of 1800-0600. No premium pay will be paid while an association member is on paid or unpaid leave; the association member covering the leave will receive the shift differential premium pay for the night shift hours actually worked. Association members working overtime hours that result in working during the night shift do not receive additional shift differential premium pay – it is treated as regular overtime. Association members assigned to the night shift do not receive the shift differential premium pay on overtime hours that fall outside of the night shift. The night shift differential premium is only paid for hours worked between 1800-0600. Special events or investigative needs, that are in part or wholly during the hours of 1800-0600, and are assigned on a temporary basis, and are not part of the standard patrol staffing, are not eligible for night shift differential. Association members are responsible for entering their eligible night shift differential premium pay on their timecard.

ARTICLE 1920.

LONGEVITY PAY
A longevity benefit in the form of a one-time only lump sum benefit equal to $500 for each five years of service payable at the beginning of the first year of service after each fifth-year increment, e.g. $500 at the beginning of the 6th year, $1,000 at the 11th year, $1,500 at the 16th year, $2,000 at the 21st year, and $2,500 at the 26th year.

ARTICLE 2021.

SHIFT ROTATION
Shift rotation shall be every six (6) months, beginning on the first (1st) pay period of the pay year and again beginning on the thirteenth (13th) pay period. Shift sign-ups will be for Police Officer positions only, not in a specialty assignment, and not on probation. Police Sergeants are not entitled to sign-up for shift selection.

Shift sign-ups for both rotations for each pay year will be conducted no earlier than six (6) weeks before the first pay period of the pay year and no later than three (3) weeks before the first pay period of the pay year.

All efforts will be made to keep the schedule for the twenty-six (26) weeks of the shift sign-up however; the Chief of Police shall have the right to alter the schedule based upon the needs of the department.

ARTICLE 2122.

VACATION SIGN UP
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Vacation sign-ups will be for a 26-week duration, or 13 pay periods; commencing at the start of each rotation cycle. Vacation sign-ups will be conducted immediately after shift sign-ups and completed no later than two weeks before the beginning of the pay cycle (PP1 and PP 14).

Vacation sign-ups shall be conducted by department seniority within assignment.

ARTICLE 2223.

SWORN OFFICER TAKE HOME VEHICLE PROGRAM
The CITY has a Take Home Car Program, allowing officers who reside within 40 miles of the Kingsburg Police Department to take their police vehicle home. The assignment of police vehicles to officers will be at the sole discretion of the Police Chief and shall be dependent upon the following factors including, but not limited to, fleet size, mechanical issues, and/or costs. Said vehicles are not for personal use and only the officer may operate said vehicle for City authorized business and travel to and from the Kingsburg Police Station, assigned duty stations, and/or the officer’s residence. The Chief of Police will develop a Take Home Vehicle Policy related to care, maintenance, and the implementation of the program.

ARTICLE 2324.

SAVINGS CLAUSE
The provisions of this MOU are declared to be severable, and if any section, subsection, sentence, clause, or phrase of this MOU shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this MOU, but they shall remain in effect. It is the intent of the parties that this MOU shall stand notwithstanding the invalidity of any part. Should any portion of this MOU be found invalid or unconstitutional, the parties will meet and confer to arrive at a mutually satisfactory replacement for that provision or portion of the MOU found to be invalid or unconstitutional.

ARTICLE 2425.

FULL UNDERSTANDING
It is intended that this MOU set forth the full and entire understanding of the parties regarding the matters set forth herein, and any other previous understandings or agreements by the parties, with the exception of addenda and side letter agreements, whether formal or informal, regarding any such matters are hereby superseded and terminated in their entirety. With respect to addenda and side letter agreements all previously existing side letter agreements and addenda and side letter agreements entered into during the term of this MOU shall continue in force subject to the terms and conditions set forth within each addendum and side letter. Further, neither party shall be bound by any promise or assurance that is not explicitly covered in this MOU, addenda, or in a side letter agreement signed by both parties.

This MOU shall govern in case of conflict with provisions of existing City ordinances, rules, and regulations pertaining to wages, hours, and other terms and conditions of employment but otherwise such ordinances, rules, and regulations shall be effective and the City Council, and other City Boards and Commissions retain the power to legislate pertaining to such matters subject to compliance with the Meyers-Milias-Brown Act.

ARTICLE 2526.

GRIEVANCE PROCEDURE
Grievance procedures for association members are provided in the City of Kingsburg Personnel Manual, Chapter 11, Grievance Procedures. Association members shall have the right to present a grievance for which an appeal right is not authorized or provided and is not prohibited under the provisions of the City of Kingsburg Personnel Manual, Chapter 10, Disciplinary Proceedings.

ARTICLE 2627.

CRITICAL INCIDENT DRUG/ALCOHOL TESTING
For any criminal investigation conducted by the City, or authorized by and on behalf of the City, all drug and or alcohol testing requested by the City or its agents on an association member will be done pursuant to a search warrant in accordance with existing law. Drug or alcohol testing obtained as a condition of employment, as specified in City Personnel Rules and Police Department policy for an administrative investigation, may not be used against an association member for a criminal investigation conducted by the City, or authorized by and on behalf of the City, without obtaining a search warrant or unless the test results are otherwise required to be produced by law or court order.

ARTICLE 28.

FITNESS COST REIMBURSEMENT PROGRAM
Association may propose a merit based testing system that will be considered by City for possible implementation by July 1, 2025.

ARTICLE 2729.

TERM OF MOU
Regardless of dates or sequence of execution by CITY and ASSOCIATION representatives, this MOU shall be effective for all purposes as of January 1, 2022 2025 and shall terminate December 31, 20242027.

CITY OF KINGSBURG KINGSBURG POLICE OFFICERS
(" CITY") ASSOCIATION ("ASSOCIATION")
By: ________________________________ By: ______________________________ Alex Henderson, City Manager Date Nissi Robledo LopezDerek Gagnon, President Date
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2025-2027 MEMORANDUM OF

UNDERSTANDINGBETWEEN THE

CITY OF KINGSBURG AND THE

KINGSBURG PUBLIC SERVICE EMPLOYEES ASSOCIATION
This is a "Memorandum of Understanding" ("MOU") between the CITY OF KINGSBURG ("CITY") and the KINGSBURG PUBLIC SERVICE EMPLOYEES ASSOCIATION ("ASSOCIATION"). This MOU and applicable sections of the City’s Personnel Manual and related rules and regulations, set forth the full and only agreement on wages, hours and terms and conditions of employment which are subject to negotiation between the ASSOCIATION and the CITY. This MOU does not in any way modify, alter, and/or abrogate the City’s “Management Rights,” as authorized by law.

ARTICLE 1.

ASSOCIATION/RECOGNITION
CITY has recognized ASSOCIATION as the exclusive representative of the full time employees employed in the job classifications listed below. For purposes of this MOU, except as otherwise noted, a "full time employee" is (i) one who is regularly scheduled: to work forty (40) hours per week; to work an average of forty (40) hours per week in a bi-weekly period and (ii) has successfully completed the applicable probationary period.

CLASSIFICATION TITLES
Account Clerk I
Account Clerk II
Account Clerk III
Administrative Assistant
Building Inspector I/Code Enforcement Officer
Building Inspector II/Code Enforcement Officer
Department Secretary I
Department Secretary II
Equipment Mechanic
Maintenance Worker I
Maintenance Worker II
Maintenance Worker III
Water Operator I
Water Operator II
Water Operator III
Unless otherwise expressly stated, the singular or plural of the word "employee" as used in this MOU means "full time employee" as defined above.

ARTICLE 2.

HOURS OF WORK AND OVERTIME
The normal work week shall consist of five (5) consecutive days of Monday through Friday with eight (8) hours of work per day [a forty (40) hour work week]. Within that normal forty (40) hour work week, CITY has discretion to schedule group or individual normal daily starting times to be no earlier than 6:30 a.m. with normal daily ending times to be no later than 6:00 p.m. In addition, CITY has discretion to set group or individual normal biweekly work schedules with those same starting and ending times to Consist of not more than eighty (80) hours of work within a two (2) week period [an average of forty (40) hours per week in a bi-weekly period] so long as not more than ten (10) hours of work per day or fifty (50) hours of work per week per employee is so scheduled. Each normal work day shall be scheduled to start and end within the number of consecutive hours which do not exceed the number of shift hours scheduled for that day plus not to exceed one (1) additional hour to allow for an unpaid meal period at approximately mid-shift of not less than one-half (1/2) hour nor more than one (1) hour with the end time to be adjusted accordingly.

The normal work week for Public Works association members on a 9/80 work schedule shall consist of four 9-hours days per work-week, with an additional bi-weekly 8 hour day, exclusive of meal periods. The bi-weekly day off shall fall on a Friday. All other association members may be assigned to a 9/80 work schedule at the discretion of the City for operational needs.

Association members may, with the approval of their department director, flex any regularly scheduled workday during a work-week, providing such flexing does not result in overtime.

All overtime work must be authorized by the Department Head in advance. For the purpose of computing overtime, only hours actually worked and hours from paid sick leave shall be considered as hours worked. Neither paid vacation nor holiday time will be considered as hours worked for the purpose of computing overtime. Overtime pay at the rate of one and one-half (1 1/2/) times the employee's straight time hourly wage rate shall be paid for all hours worked in excess of eight in one day or forty (40) hours per week, or eighty (80) hours per bi-weekly period, whichever schedule applies, or as required by law. Alternatively, employees may elect to accrue compensatory time at the rate of one and one-half (1 1/2) times the number of overtime hours worked. Any employee who is separated from CITY service shall be entitled to payment for accrued compensatory time at the employee's base hourly wage at the time of the employee's separation, less all normal deductions.

Notwithstanding anything in this MOU to the contrary, and regardless of an employee's normal scheduled work day(s), the term "day," when used in conjunction with CITY paid time off benefits (such as holidays, vacation, sick leave, etc.), shall mean an eight (8) hour day only.

ARTICLE 3.

EDUCATIONAL REIMBURSEMENT
Employees who receive advance approval (Department Heads' approval is based upon a finding that courses are job related and sufficient funds remain in the training appropriation), voluntarily attend and successfully complete (with a grade "C" or better) community college/California State University undergraduate courses of instruction or equivalent (including technical institute courses) will be reimbursed for documented out-of-pocket expenditures for course fees and books limited to four hundred dollars ($400.00) per school year. As a condition of reimbursement, the employee must sign documents agreeing to reimburse CITY if he/she leaves CITY's employment within one (1) year from the date of CITY contribution..

ARTICLE 4.

REST PERIODS
Employees shall be allowed a paid rest period not to exceed fifteen (15) minutes during the approximate mid-point of each work period preceding and following the daily lunch period. Rest periods will be scheduled with the employees' supervisor so that the delivery of services is not adversely impacted. If events interfere with a scheduled rest period, the employee will contact his/her supervisor to reschedule a rest period sometime during that work period.

ARTICLE 5.

LUNCH PERIOD
Each employee's lunch period shall be unpaid; and shall normally be scheduled near the middle of each work day for that employee. Lunch periods will be scheduled with the employee's supervisor so that the delivery of services is not adversely impacted. If events interfere with a scheduled lunch period, the employee will contact his/her supervisor to reschedule a lunch period at some other convenient time as near the middle of that work day as feasible.

ARTICLE 6.

HOLIDAYS
The following days are recognized as paid holidays:

Holiday
New Year’s Day
Martin Luther King Jr.'s Birthday
Lincoln's Birthday
Washington's Birthday
Good Friday
Memorial Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
New Year's Eve
Employee’s Birthday
Date
January 1
Third Monday in January
2nd Monday in February
3rd Monday in February
One-half day Friday before Easter
Last Monday in May
July 4
First Monday in September
November 11
Fourth Thursday in November
Friday after Thanksgiving
December 24
December 25
December 31
May be used as a floating holiday; must be
used in the same calendar year or it is lost
ARTICLE 7.

VACATION
Employees shall be entitled to annual vacation leave, with pay, at the convenience of CITY, and shall earn annual vacation credits at the following rates:

Years of Service Days of Vacation
1-5 years 12 days
6 years 13 days
7 years 14 days
8 years 15 days
9 years 16 days
10 years 17 days
11 years 18 days
12 years 19 days
13years 20 days
20years 25 days
Vacation leave accrual shall have a maximum cap of two hundred forty (240) hours. Thus, when an employee reaches this cap, there will be no vacation accrual until the vacation leave accrued is below the maximum cap of 240 hours. Employees with hours in excess of two hundred forty (240) hours as of 1/1/2015 shall have such excess hours set aside in a separate, non-accruing “vacation leave bank.” Effective 1/1/2015, if an employee has a “vacation leave bank,” seventy-five percent (75%) of all vacation time utilized will be deducted from this separate “vacation leave bank” until the excess is depleted and the separate “vacation leave bank” is thereby eliminated.

ARTICLE 8.

UNIFORMS
In accordance with CITY regulations, employees shall be required to wear CITY- proscribed and provided full uniforms (including footwear) at all times when on duty including whileon-call.

CITY will provide laundry service for uniforms. Uniforms (including footwear) shall only beworn while performing CITY duties.

Association members in the Public Works Department shall receive an annual boot allowance of up to $400 per calendar year for the purchase and maintenance of required footwear.

Footwear must meet applicable OSHA standards for the duties assigned. Reimbursements will be processed upon presentation of receipts to the Finance Department.

Association members assigned to office work may wear clothing in accordance with the City of Kingsburg City Hall Dress and Appearance Policy.

ARTICLE 9.

SICK LEAVE
Employees earn fifteen (15) days of sick leave per year, at a rate of ten (10) hours per month.

Beginning on 1/1/2020 the sick leave accrual shall have a maximum cap of 600. For purposes of PERS credit, employees are entitled to either:
a. Cash-out: Upon retirement from CITY service, an employee in good standing with at least ten (10) consecutive years of service is entitled to cash out one-half (1/2) of up to 400 hours of sick leave accumulated at the date of retirement. After twenty (20) or more years of service to the City, an employee is entitled to cash out seventy-five (75%) of up to 400 hours of sick leave accumulated at the date of retirement.

PERS Credit: Upon retirement from CITY service, an employee in good standing with at least ten (10) consecutive years of service is entitled to roll one-half (1/2) of up to 600 hours of sick leave accumulated at the date of retirement into CalPERS service credit.

After twenty (20) or more years of service to the City, an employee is entitled to roll seventy-five (75%) of up to 600 hours of sick leave accumulated at the date of retirement into CalPERS service credit.

Employees with hours in excess of four hundred (400) hours as of 1/1/2015 had such excess hoursset aside in a separate, non-accruing “sick leave bank.” Effective 1/1/2015,seventy-five percent (75%) of all sick time utilized will be deducted from this separate “sick leave bank” until this excess is depleted and the separate “sick leave bank” is thereby eliminated.

ARTICLE 10.

SICK LEAVE CONVERSION
Employees who have an accumulated balance of thirty-four (34) or more days of sick leave as of the end of the last full pay period in June may elect to convert up to a maximum of five (5) sick leave days to an equal number of vacation days. The conversion will come from the “sick leave bank” as defined by and in accordance with, Article 9 of this MOU.

ARTICLE 11.

ON-CALL PAY
Employees in the Public Works Department who are designated by the Department Head as "on-call" shall be paid twenty dollars ($25.00) per weekday (Monday through Friday) and thirty dollars ($35.00) per weekend day (Saturday and/or Sunday) for on-call duty, and double the on-call daily rate for any holiday on-call. Double the employee's regular hourly rate will be paid for any actual hours worked while on-call.

The on-call employee shall be paid the holiday duty rate on the actual holiday – not the day it is observed. For example: Christmas (12/25/2021) falls on a Saturday. Per the Personnel Manual, Christmas will be observed on Friday (12/24/2021) and Christmas Eve will be pushed back to be observed on 12/23/2021). On-call staff will be paid double the weekday or weekend rate on the actual holiday worked, not the day it is observed. In this scenario, the on-call employee shall be paid $50 for Christmas Eve (Friday = 2* $25) and $70 for Christmas Day (Saturday = 2*$35). The employee would receive the regular rate ($25) for Thursday, December 23, even though the day will be observed as '"off."
Call-back 2 hour minimum. 2-hour minimum applies when a Public Works association member gets called out for service. It does not apply to regular on-call duties including routine maintenance, trash pickup, general facility maintenance, or cleaning, stocking, locking restrooms.

Employees called in to work on designated holidays shall receive double time for actual hours worked.

ARTICLE 12.

RETIREMENT
A) Public Employees' Retirement System ("PERS"). CITY shall provide access to Public Employees' Retirement System ("PERS") "Miscellaneous Employees" retirement plan benefits to all eligible employees and shall pay the employer's contribution only. City employees shall pay one hundred percent (100%) of the employee’s contribution/share required to participate in PERS. The existing PERS "Miscellaneous Employees" retirement plan elements are set by the existing contract between CITY and PERS; and are generally described as follows:
1) PERS credit of two percent (2 %) per year of PERS membership at age fifty-five (55) for current employees only. Employees shall pay one hundred percent (100%) of the employee’s contribution/share required to participate in PERS. A second tier retirement plan shall be created for all new miscellaneous employees effective January 1, 2013, of two percent (2 %) per year of PERS membership at age sixty-two (62), if authorized by law and PERS. The contribution rate and formula for “new members” shall comply with California Public Employees’ Pension Reform Act of 2013 (AB 340). New employees shall pay one hundred percent (100%) ofthe employee contribution/share required to participate in PERS.

Implementation effective as soon as allowed by PERS.
2) Social Security coordination
3) 1957 Survivor's Benefits
4) Final compensation determined as highest of thirty-six (36) consecutive months of PERS membership
5) Ordinary Disability Retirement
6) Two percent (2 %) maximum annual cost-of-living allowance after retirement
7) Pre-retirement death benefit of total contribution plus interest earned returned to survivor plus one (1) month pay for each year in the retirement system up to six (6) years
8) Post-Retirement death benefit of $500.00 (in addition to normal retirement benefits)
B) Social Security("FICA"). CITY participates in the Social Security retirement System [the Federal Insurance Contribution Act ("FICA")]. Employee participation and benefits are required and provided in accordance with law. CITY shall pay the employer's FICA contribution,
C) State Disability Insurance ("SDI") CITY participates in the California State Disability Insurance program ("SDI"), Eligible employees shall pay for and be covered by and receive SDI benefits in accordance with law, to be coordinated as determined by CITY with accrued paid time off benefits under this MOU.

ARTICLE 13.

DIRECTDEPOSIT/DEFERREDCOMPENSATION PLANS
All “new employees” hired after January 1, 2015, must participate in a direct deposit program.

Employees may participate on a voluntary basis in the direct deposit program and/or deferred compensation plans offered by CITY through its payroll system. Such participation must be effected using forms approved by CITY.

ARTICLE 14

HEALTH PLANS
A) Plans. In accordance with the provisions of the City selected applicable plan(s), employees will pay 15% per pay period for medical, dental, vision, and life insurance cost/premiums for the current employee, and if applicable, eligible dependents.

B) Incentive. City will offer a three tiered cash incentive (subject to taxation as wages) to those who opt out of the medical insurance plan during open enrollment or qualifying events and who provide proof satisfactory to the City of comparable, alternative health insurance coverage, and there must be no break in the employee’s health plan coverage. Failure to notify the City of loss of health plan coverage will require employee to pay their insurance premiums retroactively. By opting out of insurance for the employee and/or dependent(s), employees will receive a cash incentive for changing “tiers”. For each tier that employees qualify for and drop down from, employees will receive one hundred dollars ($100.00) per month as cash wages.

The three tiers are defined as:
1st Tier
*Family (Employee+Spouse+Child(ren))
2nd Tier
*Employee + Spouse
*Employee + Child(ren)
3rd Tier
*Employee (Employee only)
Example: If an employee with a spouse and child opts out of insurance for the dependents, that employee moves down two tiers from “Family” to “Employee” and will receive $200.00/month. If that same employee chooses to completely opt out of insurance for the whole family, $300.00/month would be paid.

ARTICLE 15.

BILINGUAL PAY
Employees who pass a bilingual proficiency test administrated by CITY will receive two and one-half percent (2.5 %) additional pay calculated on base wages.

ARTICLE 16.

WAGES
A) City to provide a wage increase over the three-year term to be distributed as follows:
o January 1, 2025 4.0% base salary increase
o January 1, 2026 2.0% base salary increase
o July 1, 2026 2.0% base salary increase
o January 1, 2027 2.0% base salary increase
o July 1, 2027 2.0% base salary increase

B) Assignment Pay Differentials. As flat-rate compensation for additional hours of work and/or additional job responsibilities and in lieu of any and all other compensation of any kind for such additional work and/or responsibilities, the employee in the Building Inspector classification certified for and assigned City plan check responsibilities and duties and the employees in clerical classifications regularly assigned and performing the additional responsibilities and duties as the Planning Commission Secretary or as the Accounts Payable Clerk, shall receive an additional pay differential of approximately five percent (5%) above that employee's regular base wages. Step Increases. Step increases within a pay range shall not be automatic but shall be based upon merit and then only upon written approval by the employee's Department Head and the City Manager. Upon successful completion of probation, an employee at the "A" stepshall be eligible for consideration for a step increase to "B" step. Eligibility for consideration for"C" step requires six (6) months minimum service at "B" step. Eligibility for consideration for "D" and "E" steps requires one (1) year minimum service at each of the lower steps.

ARTICLE 17.

CERTIFICATION/EDUCATIONAL INCENTIVE PAY
The Certification/Educational Incentive Pay program provides a maximum two and one-half percent (2.5%) base salary adjustment per employee for an AA, AS, BA, or BS Degree in job related fields as approved by the City and job-related Certifications identified in Exhibit A attached.

ARTICLE 18.

LONGEVITY PAY
A longevity benefit in the form of a one-time only lump sum benefit equal to $500 for each five (5) years of service payable at the beginning of the first year of service after each fifth year increment, e.g. $500.00 at the beginning of the 6th year $1,000.00 at the 11th year, $1,500.00 at the 16th year, $2,000.00 at the 21st year, and $2,500 at the 26th year and so on in 5- year increments.

ARTICLE 19.

SAVINGS CLAUSE
The provisions of this MOU are declared to be severable, and if any section, subsection, sentence, clause, or phrase of this MOU shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this MOU, but they shall remain in effect. It is the intent of the parties that this MOU shall stand notwithstanding the invalidity of any part. Should any portion of this MOU be found invalid or unconstitutional, the parties will meet and confer to arrive at a mutually satisfactory replacement for that provision or portion of the MOU found to be invalid or unconstitutional.

ARTICLE 20.

FULL UNDERSTANDING
It is intended that this MOU set forth the full and entire understanding of the parties regarding the matters set forth herein, and any other previous understandings or agreements by the parties, except for addenda and side letter agreements, whether formal or informal, regarding any such matters are hereby superseded and terminated in their entirety. With respect to addenda and side letter agreements all previously existing side letter agreements and addenda and side letter agreements entered into during the term of this MOU shall continue in force subject to the terms and conditions set forth within each addendum and side letter. Further, neither party shall be bound by any promise or assurance that is not explicitly covered in this MOU, addenda, or in a side letter agreement signed by both parties.

This MOU shall govern in case of conflict with provisions of existing City ordinances, rules, and regulations pertaining to wages, hours, and other terms and conditions of employment but otherwise such ordinances, rules, and regulations shall be effective and the City Council, and other City Boards and Commissions retain the power to legislate pertaining to such matters subject to compliance with the Meyers-Milias-Brown Act.

ARTICLE 21

TERM OF AGREEMENT
Three years – January 1, 2025 – December 31, 2027.

SIGNATURES
CITY OF KINGSBURG ("CITY") CITY OF KINGS BURG PUBLIC SERVICE

EMPLOYEES ASSOCIATION
("ASSOCIATION")
By:

Alexander J. Henderson, Date
City Manager
By:

Ryan Boyd, President Date

ADDENDUM A TO MEMORANDUM OF UNDERSTANDING
RE:

CERTIFICATION/EDUCATION INCENTIVE PAY
This IS Addendum A, Re: Certification/Education Incentive Pay, to the "MEMORANDUM OF UNDERSTANDING” (“MOU”) between the CITY OF KINGSBURG (“CITY”) and the KINGSBURG PUBLIC SERVICE EMPLOYEES ASSOCIATION (“ASSOCIATION”).

A) Eligibility. Members of the Association ("EMPLOYEE") shall be eligible for a maximum two and onehalf percent (2.5%) base salary adjustment per employee for an AA, BA or BS Degree in job related fields as approved by the City and job-related Certifications as identified in paragraph "C" below.

B) Maximum Benefit. No employee shall receive more than two (2) base salary adjustments as described in paragraph “A" during their term of employment with the City.

C) Eligible Certifications. The following certificates shall be eligible for the base salary adjustment as described in paragraph “A" upon completion of all requirements as prescribed for each certificate.

1.) Notary Public - Completion of the required coursework and receipt of Notary Public Certificate.

2.) California Commercial Driver's License - Completion of the required California Department of Motor Vehicles written and drivers courses and receipt of valid California Commercial Driver’s License.

3.) Geographical Information System (GIS) - As determined by the employee's direct supervisor based on GIS operational experience and product quality, e.g., mapping.

4.) Building Permit Tech - Completion of International Code Council (ICC) Permit Tech test and receipt of certification.

5.) Certified Municipal Revenue and Tax Association (CMRTA) Certification - Completion of the CMRTA requirements for certification and receipt of certification.

CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell, Jr. & City Council
REPORT FROM: Christina Windover, Assistant City Manager REVIEWED BY: AJH AGENDA ITEM: Kingsburg Public Service Employees Association – MOU 2025-2027 ACTION REQUESTED: ___Ordinance ___Resolution __Motion _____Receive/File

EXECUTIVE SUMMARY
The council previously authorized the City Manager to begin negotiations with Kingsburg Public Service Employees Association (KPSEA). After various meetings between the city’s negotiating team and the KPSEA representatives, we have reached a Tentative Agreement. Attached is the proposed Kingsburg Public Service Employees Association Memorandum of Understanding (MOU) effective January 1, 2025 through December 31, 2027. Articles that have proposed changes are addressed below.

Article 8. Uniforms:
• Increase boot allowance from $200 to $400 for Public Works Department association members.

Article 11. On-Call Pay
• Increase weekday on-call pay from $20.00 per hour to $25.00 per hour • Increase weekend on-call pay from $30.00 per hour to $35.00 per hour • Increase holiday on-call pay to double the new hourly rates based on the day of the week the holiday is worked ($50 per hour weekday/$70 per hour weekend).
• Association members called in to work on city observed holidays shall receive double time for actual hours worked.

Article 16. Wages:
• January 1, 2025: 4.0% base salary increase
• January 1, 2026: 2.0% base salary increase
• July 1, 2026: 2.0% base salary increase
• January 1, 2027: 2.0% base salary increase
• July 1, 2027: 2.0% base salary increase
Article 21: Term of MOU
• Three Years: January 1, 2025 December 31, 2027.

RECOMMENDED ACTION BY CITY COUNCIL

1. Approve the Kingsburg Public Service Employees Association MOU 2025-2027.

POLICY ALTERNATIVE(S)

1. Don’t approve the Kingsburg Public Service Employees Association MOU 2025-2027 and provide direction to the City Manager.

REASON FOR RECOMMENDATION/KEY METRIC
Meeting Date: 12/18/2024
Agenda Item: 4

1. Financial Stability

2. Community Safety

FINANCIAL INFORMATION

ATTACHED INFORMATION

1. Kingsburg Public Service Employees Association MOU 2025-2027 (January 1, 2025 through December 31, 2027) Redline version.

2. Kingsburg Public Service Employees Association MOU 2025-2027 (Final Version).

FISCAL IMPACT:

1. Is There A Fiscal Impact? Yes

2. Is it Currently Budgeted? Partially

3. If Budgeted, Which Line? Varies
2025-2027 2022-2024

MEMORANDUM OF UNDERSTANDING

BETWEEN THE

CITY OF KINGSBURG AND THE

KINGSBURG PUBLIC SERVICE EMPLOYEES ASSOCIATION
This is a "Memorandum of Understanding" ("MOU") between the CITY OF KINGSBURG ("CITY") and the KINGSBURG PUBLIC SERVICE EMPLOYEES ASSOCIATION ("ASSOCIATION"). This MOU and applicable sections of the City’s Personnel Manual and related rules and regulations, set forth the full and only agreement on wages, hours and terms and conditions of employment which are subject to negotiation between the ASSOCIATION and the CITY. This MOU does not in any way modify, alter, and/or abrogate the City’s “Management Rights,” as authorized by law.

ARTICLE 1.

ASSOCIATION/RECOGNITION
CITY has recognized ASSOCIATION as the exclusive representative of the full time employees employed in the job classifications listed below. For purposes of this MOU, except as otherwise noted, a "full time employee" is (i) one who is regularly scheduled: to work forty (40) hours per week; to work an average of forty (40) hours per week in a bi-weekly period and (ii) has successfully completed the applicable probationary period.

CLASSIFICATION TITLES
Account Clerk I
Account Clerk II
Account Clerk III
Administrative Assistant
Building Inspector I/Code Enforcement Officer
Building Inspector II/Code Enforcement Officer
Department Secretary I
Department Secretary II
Equipment Mechanic
Maintenance Worker I
Maintenance Worker II
Maintenance Worker III
Water Operator I
Water Operator II
Water Operator III
Unless otherwise expressly stated, the singular or plural of the word "employee" as used in this MOU means "full time employee" as defined above.

ARTICLE 2.

HOURS OF WORK AND OVERTIME
The normal work week shall consist of five (5) consecutive days of Monday through Friday with eight (8) hours of work per day [a forty (40) hour work week]. Within that normal forty (40) hour work week, CITY has discretion to schedule group or individual normal daily starting times to be no earlier than 6:30 a.m. with normal daily ending times to be no later than 6:00 p.m. In addition, CITY has discretion to set group or individual normal biweekly work schedules with those same starting and ending times to Consist of not more than eighty (80) hours of work within a two (2) week period [an average of forty (40) hours per week in a bi-weekly period] so long as not more than ten (10) hours of work per day or fifty (50) hours of work per week per employee is so scheduled. Each normal work day shall be scheduled to start and end within the number of consecutive hours which do not exceed the number of shift hours scheduled for that day plus not to exceed one (1) additional hour to allow for an unpaid meal period at approximately mid-shift of not less than one-half (1/2) hour nor more than one (1) hour with the end time to be adjusted accordingly.

The normal work week for Public Works association members on a 9/80 work schedule shall consist of four 9-hours days per work-week, with an additional bi-weekly 8 hour day, exclusive of meal periods. The bi-weekly day off shall fall on a Friday. All other association members may be assigned to a 9/80 work schedule at the discretion of the City for operational needs.

Association members may, with the approval of their department director, flex any regularly scheduled workday during a work-week, providing such flexing does not result in overtime.

All overtime work must be authorized by the Department Head in advance. For the purpose of computing overtime, only hours actually worked and hours from paid sick leave shall be considered as hours worked. Neither paid vacation nor holiday time will be considered as hours worked for the purpose of computing overtime. Overtime pay at the rate of one and one-half (1 1/2/) times the employee's straight time hourly wage rate shall be paid for all hours worked in excess of eight in one day or forty (40) hours per week, or eighty (80) hours per bi-weekly period, whichever schedule applies, or as required by law. Alternatively, employees may elect to accrue compensatory time at the rate of one and one-half (1 1/2) times the number of overtime hours worked. Any employee who is separated from CITY service shall be entitled to payment for accrued compensatory time at the employee's base hourly wage at the time of the employee's separation, less all normal deductions.

Notwithstanding anything in this MOU to the contrary, and regardless of an employee's normal scheduled work day(s), the term "day," when used in conjunction with CITY paid time off benefits (such as holidays, vacation, sick leave, etc.), shall mean an eight (8) hour day only.

ARTICLE 3.

EDUCATIONAL REIMBURSEMENT
Employees who receive advance approval (Department Heads' approval is based upon a finding that courses are job related and sufficient funds remain in the training appropriation), voluntarily attend and successfully complete (with a grade "C" or better) community college/California State University undergraduate courses of instruction or equivalent (including technical institute courses) will be reimbursed for documented out-of-pocket expenditures for course fees and books limited to four hundred dollars ($400.00) per school year. As a condition of reimbursement, the employee must sign documents agreeing to reimburse CITY if he/she leaves CITY's employment within one (1) year from the date of CITY contribution..

ARTICLE 4.

REST PERIODS
Employees shall be allowed a paid rest period not to exceed fifteen (15) minutes during the approximate mid-point of each work period preceding and following the daily lunch period. Rest periods will be scheduled with the employees' supervisor so that the delivery of services is not adversely impacted. If events interfere with a scheduled rest period, the employee will contact his/her supervisor to reschedule a rest period sometime during that work period.

ARTICLE 5.

LUNCH PERIOD
Each employee's lunch period shall be unpaid; and shall normally be scheduled near the middle of each work day for that employee. Lunch periods will be scheduled with the employee's supervisor so that the delivery of services is not adversely impacted. If events interfere with a scheduled lunch period, the employee will contact his/her supervisor to reschedule a lunch period at some other convenient time as near the middle of that work day as feasible.

ARTICLE 6.

HOLIDAYS
The following days are recognized as paid holidays:

Holiday
New Year’s Day
Martin Luther King Jr.'s Birthday
Lincoln's Birthday
Washington's Birthday
Good Friday
Memorial Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
New Year's Eve
Employee’s Birthday
Date
January 1
Third Monday in January
2nd Monday in February
3rd Monday in February
One-half day Friday before Easter
Last Monday in May
July 4
First Monday in September
November 11
Fourth Thursday in November
Friday after Thanksgiving
December 24
December 25
December 31
May be used as a floating holiday; must be
used in the same calendar year or it is lost
ARTICLE 7.

VACATION
Employees shall be entitled to annual vacation leave, with pay, at the convenience of CITY, and shall earn annual vacation credits at the following rates:

Years of Service Days of Vacation
1-5 years 12 days
6 years 13 days
7 years 14 days
8 years 15 days
9 years 16 days
10 years 17 days
11 years 18 days
12 years 19 days
13years 20 days
20 years 25 days
Vacation leave accrual shall have a maximum cap of two hundred forty (240) hours. Thus, when an employee reaches this cap, there will be no vacation accrual until the vacation leave accrued is below the maximum cap of 240 hours. Employees with hours in excess of two hundred forty (240) hours as of 1/1/2015 shall have such excess hours set aside in a separate, non-accruing “vacation leave bank.” Effective 1/1/2015, if an employee has a “vacation leave bank,” seventy-five percent (75%) of all vacation time utilized will be deducted from this separate “vacation leave bank” until the excess is depleted and the separate “vacation leave bank” is thereby eliminated.

ARTICLE 8.

UNIFORMS
In accordance with CITY regulations, employees shall be required to wear CITYproscribed and provided full uniforms (including footwear) at all times when on duty including while on-call. CITY will provide laundry service for uniforms. Uniforms (including footwear) shall only be worn while performing CITY duties.

Association members in the Public Works Department shall receive an annual boot allowance of up to $200 400 per calendar year for the purchase and maintenance of required footwear. Footwear must meet applicable OSHA standards for the duties assigned.

Reimbursements will be processed upon presentation of receipts to the Finance Department.

Association members assigned to office work may wear clothing in accordance with the City of Kingsburg City Hall Dress and Appearance Policy.

ARTICLE 9.

SICK LEAVE
Employees earn fifteen (15) days of sick leave per year, at a rate of ten (10) hours per month.

Beginning on 1/1/2020 the sick leave accrual shall have a maximum cap of 600. For purposes of PERS credit, employees are entitled to either:
a. Cash-out: Upon retirement from CITY service, an employee in good standing with at least ten (10) consecutive years of service is entitled to cash out one-half (1/2) of up to 400 hours of sick leave accumulated at the date of retirement. After twenty (20) or more years of service to the City, an employee is entitled to cash out seventy-five (75%) of up to 400 hours of sick leave accumulated at the date of retirement.

PERS Credit: Upon retirement from CITY service, an employee in good standing with at least ten (10) consecutive years of service is entitled to roll one-half (1/2) of up to 600 hours of sick leave accumulated at the date of retirement into CalPERS service credit.

After twenty (20) or more years of service to the City, an employee is entitled to roll seventy-five (75%) of up to 600 hours of sick leave accumulated at the date of retirement into CalPERS service credit.

Employees with hours in excess of four hundred (400) hours as of 1/1/2015 had such excess hours set aside in a separate, non-accruing “sick leave bank.” Effective 1/1/2015, seventy-five percent (75%) of all sick time utilized will be deducted from this separate “sick leave bank” until this excess is depleted and the separate “sick leave bank” is thereby eliminated.

ARTICLE 10.

SICK LEAVE CONVERSION
Employees who have an accumulated balance of thirty-four (34) or more days of sick leave as of the end of the last full pay period in June may elect to convert up to a maximum of five (5) sick leave days to an equal number of vacation days. The conversion will come from the “sick leave bank” as defined by and in accordance with, Article 9 of this MOU.

ARTICLE 11.

ON-CALL PAY
Employees in the Public Works Department who are designated by the Department Head as "on-call" shall be paid twenty dollars ($2025.00) per weekday (Monday through Friday) and thirty dollars ($3035.00) per weekend day (Saturday and/or Sunday) for on-call duty, and double the on-call daily rate for any holiday on-call. Double the employee's regular hourly rate will be paid for any actual hours worked while on-call.

The on-call employee shall be paid the holiday duty rate on the actual holiday – not the day it is observed. For example: Christmas (12/25/2021) falls on a Saturday. Per the Personnel Manual, Christmas will be observed on Friday (12/24/2021) and Christmas Eve will be pushed back to be observed on 12/23/2021). On-call staff will be paid double the weekday or weekend rate on the actual holiday worked, not the day it is observed. In this scenario, the on-call employee shall be paid $40 50 for Christmas Eve (Friday = 2* $2025) and $60 70 for Christmas Day (Saturday = 2*$3035). The employee would receive the regular rate ($2025) for Thursday, December 23, even though the day will be observed as '"off."
Call-back 2 hour minimum. 2-hour minimum applies when a Public Works association member gets called out for service. It does not apply to regular on-call duties including routine maintenance, trash pickup, general facility maintenance, or cleaning, stocking, locking restrooms.

Employees called in to work on designated holidays shall receive double time for actual hours worked.

ARTICLE 12.

RETIREMENT
A) Public Employees' Retirement System ("PERS"). CITY shall provide access to Public Employees' Retirement System ("PERS") "Miscellaneous Employees" retirement plan benefits to all eligible employees and shall pay the employer's contribution only. City employees shall pay one hundred percent (100%) of the employee’s contribution/share required to participate in PERS. The existing PERS "Miscellaneous Employees" retirement plan elements are set by the existing contract between CITY and PERS; and are generally described as follows:
1) PERS credit of two percent (2 %) per year of PERS membership at age fifty-five (55) for current employees only. Employees shall pay one hundred percent (100%) of the employee’s contribution/share required to participate in PERS. A second tier retirement plan shall be created for all new miscellaneous employees effective January 1, 2013, of two percent (2 %) per year of PERS membership at age sixty-two (62), if authorized by law and PERS. The contribution rate and formula for “new members” shall comply with California Public Employees’ Pension Reform Act of 2013 (AB 340). New employees shall pay one hundred percent (100%) of the employee contribution/share required to participate in PERS.

Implementation effective as soon as allowed by PERS.
2) Social Security coordination
3) 1957 Survivor's Benefits
4) Final compensation determined as highest of thirty-six (36) consecutive months of PERS membership
5) Ordinary Disability Retirement
6) Two percent (2 %) maximum annual cost-of-living allowance after retirement
7) Pre-retirement death benefit of total contribution plus interest earned returned to survivor plus one (1) month pay for each year in the retirement system up to six (6) years
8) Post-Retirement death benefit of $500.00 (in addition to normal retirement benefits)
B) Social Security ("FICA"). CITY participates in the Social Security retirement System [the Federal Insurance Contribution Act ("FICA")]. Employee participation and benefits are required and provided in accordance with law. CITY shall pay the employer's FICA contribution,
C) State Disability Insurance ("SDI") CITY participates in the California State Disability Insurance program ("SDI"), Eligible employees shall pay for and be covered by and receive SDI benefits in accordance with law, to be coordinated as determined by CITY with accrued paid time off benefits under this MOU.

ARTICLE 13.

DIRECT DEPOSIT/DEFERRED COMPENSATION PLANS
All “new employees” hired after January 1, 2015, must participate in a direct deposit program.

Employees may participate on a voluntary basis in the direct deposit program and/or deferred compensation plans offered by CITY through its payroll system. Such participation must be effected using forms approved by CITY.

ARTICLE 14

HEALTH PLANS
A) Plans. In accordance with the provisions of the City selected applicable plan(s), employees will pay 15% per pay period for medical, dental, vision, and life insurance cost/premiums for the current employee, and if applicable, eligible dependents.

B) Incentive. City will offer a three tiered cash incentive (subject to taxation as wages) to those who opt out of the medical insurance plan during open enrollment or qualifying events and who provide proof satisfactory to the City of comparable, alternative health insurance coverage, and there must be no break in the employee’s health plan coverage. Failure to notify the City of loss of health plan coverage will require employee to pay their insurance premiums retroactively. By opting out of insurance for the employee and/or dependent(s), employees will receive a cash incentive for changing “tiers”. For each tier that employees qualify for and drop down from, employees will receive one hundred dollars ($100.00) per month as cash wages.

The three tiers are defined as:
1st Tier
*Family (Employee+Spouse+Child(ren))
2nd Tier
*Employee + Spouse
*Employee + Child(ren)
3rd Tier
*Employee (Employee only)
Example: If an employee with a spouse and child opts out of insurance for the dependents, that employee moves down two tiers from “Family” to “Employee” and will receive $200.00/month. If that same employee chooses to completely opt out of insurance for the whole family, $300.00/month would be paid.

ARTICLE 15.

BILINGUAL PAY
Employees who pass a bilingual proficiency test administrated by CITY will receive two and one-half percent (2.5 %) additional pay calculated on base wages.

ARTICLE 16.

WAGES
A) City to provide a wage increase over the three-year term to be distributed as follows:
o January 1, 2025 4.0% base salary increase
o January 1, 2026 2.0% base salary increase
o July 1, 2026 2.0% base salary increase
o January 1, 2027 2.0 base salary increase
o July 1, 2027 2.0% base salary increase
o Effective the pay period that includes 1/1/22 or following Council approval of the new MOU, whichever is later, 4% base wage increase.
o Effective the pay period that includes 1/1/23, 4% base wage increase.

Effective the pay period that includes 1/1/24, 4% base wage increase B) Assignment Pay Differentials. As flat-rate compensation for additional hours of work and/or additional job responsibilities and in lieu of any and all other compensation of any kind for such additional work and/or responsibilities, the employee in the Building Inspector classification certified for and assigned City plan check responsibilities and duties and the employees in clerical classifications regularly assigned and performing the additional responsibilities and duties as the Planning Commission Secretary or as the Accounts Payable Clerk, shall receive an additional pay differential of approximately five percent (5%) above that employee's regular base wages. Step Increases. Step increases within a pay range shall not be automatic but shall be based upon merit and then only upon written approval by the employee's Department Head and the City Manager. Upon successful completion of probation, an employee at the "A" step shall be eligible for consideration for a step increase to "B" step. Eligibility for consideration for "C" step requires six (6) months minimum service at "B" step. Eligibility for consideration for "D" and "E" steps requires one (1) year minimum service at each of the lower steps.

ARTICLE 17.

CERTIFICATION/EDUCATIONAL INCENTIVE PAY
The Certification/Educational Incentive Pay program provides a maximum two and one-half percent (2.5%) base salary adjustment per employee for an AA, AS, BA, or BS Degree in job related fields as approved by the City and job-related Certifications identified in Exhibit A attached.

ARTICLE 18.

LONGEVITY PAY
A longevity benefit in the form of a one-time only lump sum benefit equal to $500 for each five (5) years of service payable at the beginning of the first year of service after each fifth year increment, e.g. $500.00 at the beginning of the 6th year $1,000.00 at the 11th year, $1,500.00 at the 16th year, $2,000.00 at the 21st year, and $2,500 at the 26th year and so on in 5- year increments.

ARTICLE 19.

SAVINGS CLAUSE
The provisions of this MOU are declared to be severable, and if any section, subsection, sentence, clause, or phrase of this MOU shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this MOU, but they shall remain in effect. It is the intent of the parties that this MOU shall stand notwithstanding the invalidity of any part. Should any portion of this MOU be found invalid or unconstitutional, the parties will meet and confer to arrive at a mutually satisfactory replacement for that provision or portion of the MOU found to be invalid or unconstitutional.

ARTICLE 20.

Formatted: Body Text, Left, Indent: Left: 2.5", Right:

0.48", Space Before: 4.5 pt

FULL UNDERSTANDING
It is intended that this MOU set forth the full and entire understanding of the parties regarding the matters set forth herein, and any other previous understandings or agreements by the parties, except for addenda and side letter agreements, whether formal or informal, regarding any such matters are hereby superseded and terminated in their entirety. With respect to addenda and side letter agreements all previously existing side letter agreements and addenda and side letter agreements entered into during the term of this MOU shall continue in force subject to the terms and conditions set forth within each addendum and side letter. Further, neither party shall be bound by any promise or assurance that is not explicitly covered in this MOU, addenda, or in a side letter agreement signed by both parties.

This MOU shall govern in case of conflict with provisions of existing City ordinances, rules, and regulations pertaining to wages, hours, and other terms and conditions of employment but otherwise such ordinances, rules, and regulations shall be effective and the City Council, and other City Boards and Commissions retain the power to legislate pertaining to such matters subject to compliance with the Meyers-Milias-Brown Act.

ARTICLE 21

TERM OF AGREEMENT
Two Three years – January 1, 20252 – December 31, 20274.

ARTICLE 22.

REOPENER
In year two of the MOU (2020-2021), the City and/or KPSEA may reopen all economic sections of the MOU with notice given on or before January 1 of the respective year. Economic reopeners are limited to one (1) during the MOU.

SIGNATURES
CITY OF KINGSBURG ("CITY") CITY OF KINGS BURG PUBLIC SERVICE

EMPLOYEES ASSOCIATION
("ASSOCIATION")
By:

Alexander J. Henderson, Date
City Manager
By:

Dolph BeasleyRyan Boyd, President
Date
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Formatted: Normal, Centered, Indent: Left: 1.43",
Right: 1.78", Space Before: 0 pt

ADDENDUM A TO MEMORANDUM OF UNDERSTANDING
RE:

CERTIFICATION/EDUCATION INCENTIVE PAY
This IS Addendum A, Re: Certification/Education Incentive Pay, to the "MEMORANDUM OF UNDERSTANDING” (“MOU”) between the CITY OF KINGSBURG (“CITY”) and the KINGSBURG PUBLIC SERVICE EMPLOYEES ASSOCIATION (“ASSOCIATION”).

A) Eligibility. Members of the Association ("EMPLOYEE") shall be eligible for a maximum two and onehalf percent (2.5%) base salary adjustment per employee for an AA, BA or BS Degree in job related fields as approved by the City and job-related Certifications as identified in paragraph "C" below.

B) Maximum Benefit. No employee shall receive more than two (2) base salary adjustments as described in paragraph “A" during their term of employment with the City.

C) Eligible Certifications. The following certificates shall be eligible for the base salary adjustment as described in paragraph “A" upon completion of all requirements as prescribed for each certificate.

1.) Notary Public - Completion of the required coursework and receipt of Notary Public Certificate.

2.) California Commercial Driver's License - Completion of the required California Department of Motor Vehicles written and drivers courses and receipt of valid California Commercial Driver’s License.

3.) Geographical Information System (GIS) - As determined by the employee's direct supervisor based on GIS operational experience and product quality, e.g., mapping.

4.) Building Permit Tech - Completion of International Code Council (ICC) Permit Tech test and receipt of certification.

5.) Certified Municipal Revenue and Tax Association (CMRTA) Certification - Completion of the CMRTA requirements for certification and receipt of certification.

2025-2027 MEMORANDUM OF

UNDERSTANDINGBETWEEN THE

CITY OF KINGSBURG AND THE

KINGSBURG PUBLIC SERVICE EMPLOYEES ASSOCIATION
This is a "Memorandum of Understanding" ("MOU") between the CITY OF KINGSBURG ("CITY") and the KINGSBURG PUBLIC SERVICE EMPLOYEES ASSOCIATION ("ASSOCIATION"). This MOU and applicable sections of the City’s Personnel Manual and related rules and regulations, set forth the full and only agreement on wages, hours and terms and conditions of employment which are subject to negotiation between the ASSOCIATION and the CITY. This MOU does not in any way modify, alter, and/or abrogate the City’s “Management Rights,” as authorized by law.

ARTICLE 1.

ASSOCIATION/RECOGNITION
CITY has recognized ASSOCIATION as the exclusive representative of the full time employees employed in the job classifications listed below. For purposes of this MOU, except as otherwise noted, a "full time employee" is (i) one who is regularly scheduled: to work forty (40) hours per week; to work an average of forty (40) hours per week in a bi-weekly period and (ii) has successfully completed the applicable probationary period.

CLASSIFICATION TITLES
Account Clerk I
Account Clerk II
Account Clerk III
Administrative Assistant
Building Inspector I/Code Enforcement Officer
Building Inspector II/Code Enforcement Officer
Department Secretary I
Department Secretary II
Equipment Mechanic
Maintenance Worker I
Maintenance Worker II
Maintenance Worker III
Water Operator I
Water Operator II
Water Operator III
Unless otherwise expressly stated, the singular or plural of the word "employee" as used in this MOU means "full time employee" as defined above.

ARTICLE 2.

HOURS OF WORK AND OVERTIME
The normal work week shall consist of five (5) consecutive days of Monday through Friday with eight (8) hours of work per day [a forty (40) hour work week]. Within that normal forty (40) hour work week, CITY has discretion to schedule group or individual normal daily starting times to be no earlier than 6:30 a.m. with normal daily ending times to be no later than 6:00 p.m. In addition, CITY has discretion to set group or individual normal biweekly work schedules with those same starting and ending times to Consist of not more than eighty (80) hours of work within a two (2) week period [an average of forty (40) hours per week in a bi-weekly period] so long as not more than ten (10) hours of work per day or fifty (50) hours of work per week per employee is so scheduled. Each normal work day shall be scheduled to start and end within the number of consecutive hours which do not exceed the number of shift hours scheduled for that day plus not to exceed one (1) additional hour to allow for an unpaid meal period at approximately mid-shift of not less than one-half (1/2) hour nor more than one (1) hour with the end time to be adjusted accordingly.

The normal work week for Public Works association members on a 9/80 work schedule shall consist of four 9-hours days per work-week, with an additional bi-weekly 8 hour day, exclusive of meal periods. The bi-weekly day off shall fall on a Friday. All other association members may be assigned to a 9/80 work schedule at the discretion of the City for operational needs.

Association members may, with the approval of their department director, flex any regularly scheduled workday during a work-week, providing such flexing does not result in overtime.

All overtime work must be authorized by the Department Head in advance. For the purpose of computing overtime, only hours actually worked and hours from paid sick leave shall be considered as hours worked. Neither paid vacation nor holiday time will be considered as hours worked for the purpose of computing overtime. Overtime pay at the rate of one and one-half (1 1/2/) times the employee's straight time hourly wage rate shall be paid for all hours worked in excess of eight in one day or forty (40) hours per week, or eighty (80) hours per bi-weekly period, whichever schedule applies, or as required by law. Alternatively, employees may elect to accrue compensatory time at the rate of one and one-half (1 1/2) times the number of overtime hours worked. Any employee who is separated from CITY service shall be entitled to payment for accrued compensatory time at the employee's base hourly wage at the time of the employee's separation, less all normal deductions.

Notwithstanding anything in this MOU to the contrary, and regardless of an employee's normal scheduled work day(s), the term "day," when used in conjunction with CITY paid time off benefits (such as holidays, vacation, sick leave, etc.), shall mean an eight (8) hour day only.

ARTICLE 3.

EDUCATIONAL REIMBURSEMENT
Employees who receive advance approval (Department Heads' approval is based upon a finding that courses are job related and sufficient funds remain in the training appropriation), voluntarily attend and successfully complete (with a grade "C" or better) community college/California State University undergraduate courses of instruction or equivalent (including technical institute courses) will be reimbursed for documented out-of-pocket expenditures for course fees and books limited to four hundred dollars ($400.00) per school year. As a condition of reimbursement, the employee must sign documents agreeing to reimburse CITY if he/she leaves CITY's employment within one (1) year from the date of CITY contribution..

ARTICLE 4.

REST PERIODS
Employees shall be allowed a paid rest period not to exceed fifteen (15) minutes during the approximate mid-point of each work period preceding and following the daily lunch period. Rest periods will be scheduled with the employees' supervisor so that the delivery of services is not adversely impacted. If events interfere with a scheduled rest period, the employee will contact his/her supervisor to reschedule a rest period sometime during that work period.

ARTICLE 5.

LUNCH PERIOD
Each employee's lunch period shall be unpaid; and shall normally be scheduled near the middle of each work day for that employee. Lunch periods will be scheduled with the employee's supervisor so that the delivery of services is not adversely impacted. If events interfere with a scheduled lunch period, the employee will contact his/her supervisor to reschedule a lunch period at some other convenient time as near the middle of that work day as feasible.

ARTICLE 6.

HOLIDAYS
The following days are recognized as paid holidays:

Holiday
New Year’s Day
Martin Luther King Jr.'s Birthday
Lincoln's Birthday
Washington's Birthday
Good Friday
Memorial Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
New Year's Eve
Employee’s Birthday
Date
January 1
Third Monday in January
2nd Monday in February
3rd Monday in February
One-half day Friday before Easter
Last Monday in May
July 4
First Monday in September
November 11
Fourth Thursday in November
Friday after Thanksgiving
December 24
December 25
December 31
May be used as a floating holiday; must be
used in the same calendar year or it is lost
ARTICLE 7.

VACATION
Employees shall be entitled to annual vacation leave, with pay, at the convenience of CITY, and shall earn annual vacation credits at the following rates:

Years of Service Days of Vacation
1-5 years 12 days
6 years 13 days
7 years 14 days
8 years 15 days
9 years 16 days
10 years 17 days
11 years 18 days
12 years 19 days
13years 20 days
20years 25 days
Vacation leave accrual shall have a maximum cap of two hundred forty (240) hours. Thus, when an employee reaches this cap, there will be no vacation accrual until the vacation leave accrued is below the maximum cap of 240 hours. Employees with hours in excess of two hundred forty (240) hours as of 1/1/2015 shall have such excess hours set aside in a separate, non-accruing “vacation leave bank.” Effective 1/1/2015, if an employee has a “vacation leave bank,” seventy-five percent (75%) of all vacation time utilized will be deducted from this separate “vacation leave bank” until the excess is depleted and the separate “vacation leave bank” is thereby eliminated.

ARTICLE 8.

UNIFORMS
In accordance with CITY regulations, employees shall be required to wear CITY- proscribed and provided full uniforms (including footwear) at all times when on duty including whileon-call.

CITY will provide laundry service for uniforms. Uniforms (including footwear) shall only beworn while performing CITY duties.

Association members in the Public Works Department shall receive an annual boot allowance of up to $400 per calendar year for the purchase and maintenance of required footwear.

Footwear must meet applicable OSHA standards for the duties assigned. Reimbursements will be processed upon presentation of receipts to the Finance Department.

Association members assigned to office work may wear clothing in accordance with the City of Kingsburg City Hall Dress and Appearance Policy.

ARTICLE 9.

SICK LEAVE
Employees earn fifteen (15) days of sick leave per year, at a rate of ten (10) hours per month.

Beginning on 1/1/2020 the sick leave accrual shall have a maximum cap of 600. For purposes of PERS credit, employees are entitled to either:
a. Cash-out: Upon retirement from CITY service, an employee in good standing with at least ten (10) consecutive years of service is entitled to cash out one-half (1/2) of up to 400 hours of sick leave accumulated at the date of retirement. After twenty (20) or more years of service to the City, an employee is entitled to cash out seventy-five (75%) of up to 400 hours of sick leave accumulated at the date of retirement.

PERS Credit: Upon retirement from CITY service, an employee in good standing with at least ten (10) consecutive years of service is entitled to roll one-half (1/2) of up to 600 hours of sick leave accumulated at the date of retirement into CalPERS service credit.

After twenty (20) or more years of service to the City, an employee is entitled to roll seventy-five (75%) of up to 600 hours of sick leave accumulated at the date of retirement into CalPERS service credit.

Employees with hours in excess of four hundred (400) hours as of 1/1/2015 had such excess hoursset aside in a separate, non-accruing “sick leave bank.” Effective 1/1/2015,seventy-five percent (75%) of all sick time utilized will be deducted from this separate “sick leave bank” until this excess is depleted and the separate “sick leave bank” is thereby eliminated.

ARTICLE 10.

SICK LEAVE CONVERSION
Employees who have an accumulated balance of thirty-four (34) or more days of sick leave as of the end of the last full pay period in June may elect to convert up to a maximum of five (5) sick leave days to an equal number of vacation days. The conversion will come from the “sick leave bank” as defined by and in accordance with, Article 9 of this MOU.

ARTICLE 11.

ON-CALL PAY
Employees in the Public Works Department who are designated by the Department Head as "on-call" shall be paid twenty dollars ($25.00) per weekday (Monday through Friday) and thirty dollars ($35.00) per weekend day (Saturday and/or Sunday) for on-call duty, and double the on-call daily rate for any holiday on-call. Double the employee's regular hourly rate will be paid for any actual hours worked while on-call.

The on-call employee shall be paid the holiday duty rate on the actual holiday – not the day it is observed. For example: Christmas (12/25/2021) falls on a Saturday. Per the Personnel Manual, Christmas will be observed on Friday (12/24/2021) and Christmas Eve will be pushed back to be observed on 12/23/2021). On-call staff will be paid double the weekday or weekend rate on the actual holiday worked, not the day it is observed. In this scenario, the on-call employee shall be paid $50 for Christmas Eve (Friday = 2* $25) and $70 for Christmas Day (Saturday = 2*$35). The employee would receive the regular rate ($25) for Thursday, December 23, even though the day will be observed as '"off."
Call-back 2 hour minimum. 2-hour minimum applies when a Public Works association member gets called out for service. It does not apply to regular on-call duties including routine maintenance, trash pickup, general facility maintenance, or cleaning, stocking, locking restrooms.

Employees called in to work on designated holidays shall receive double time for actual hours worked.

ARTICLE 12.

RETIREMENT
A) Public Employees' Retirement System ("PERS"). CITY shall provide access to Public Employees' Retirement System ("PERS") "Miscellaneous Employees" retirement plan benefits to all eligible employees and shall pay the employer's contribution only. City employees shall pay one hundred percent (100%) of the employee’s contribution/share required to participate in PERS. The existing PERS "Miscellaneous Employees" retirement plan elements are set by the existing contract between CITY and PERS; and are generally described as follows:
1) PERS credit of two percent (2 %) per year of PERS membership at age fifty-five (55) for current employees only. Employees shall pay one hundred percent (100%) of the employee’s contribution/share required to participate in PERS. A second tier retirement plan shall be created for all new miscellaneous employees effective January 1, 2013, of two percent (2 %) per year of PERS membership at age sixty-two (62), if authorized by law and PERS. The contribution rate and formula for “new members” shall comply with California Public Employees’ Pension Reform Act of 2013 (AB 340). New employees shall pay one hundred percent (100%) ofthe employee contribution/share required to participate in PERS.

Implementation effective as soon as allowed by PERS.
2) Social Security coordination
3) 1957 Survivor's Benefits
4) Final compensation determined as highest of thirty-six (36) consecutive months of PERS membership
5) Ordinary Disability Retirement
6) Two percent (2 %) maximum annual cost-of-living allowance after retirement
7) Pre-retirement death benefit of total contribution plus interest earned returned to survivor plus one (1) month pay for each year in the retirement system up to six (6) years
8) Post-Retirement death benefit of $500.00 (in addition to normal retirement benefits)
B) Social Security("FICA"). CITY participates in the Social Security retirement System [the Federal Insurance Contribution Act ("FICA")]. Employee participation and benefits are required and provided in accordance with law. CITY shall pay the employer's FICA contribution,
C) State Disability Insurance ("SDI") CITY participates in the California State Disability Insurance program ("SDI"), Eligible employees shall pay for and be covered by and receive SDI benefits in accordance with law, to be coordinated as determined by CITY with accrued paid time off benefits under this MOU.

ARTICLE 13.

DIRECTDEPOSIT/DEFERREDCOMPENSATION PLANS
All “new employees” hired after January 1, 2015, must participate in a direct deposit program.

Employees may participate on a voluntary basis in the direct deposit program and/or deferred compensation plans offered by CITY through its payroll system. Such participation must be effected using forms approved by CITY.

ARTICLE 14

HEALTH PLANS
A) Plans. In accordance with the provisions of the City selected applicable plan(s), employees will pay 15% per pay period for medical, dental, vision, and life insurance cost/premiums for the current employee, and if applicable, eligible dependents.

B) Incentive. City will offer a three tiered cash incentive (subject to taxation as wages) to those who opt out of the medical insurance plan during open enrollment or qualifying events and who provide proof satisfactory to the City of comparable, alternative health insurance coverage, and there must be no break in the employee’s health plan coverage. Failure to notify the City of loss of health plan coverage will require employee to pay their insurance premiums retroactively. By opting out of insurance for the employee and/or dependent(s), employees will receive a cash incentive for changing “tiers”. For each tier that employees qualify for and drop down from, employees will receive one hundred dollars ($100.00) per month as cash wages.

The three tiers are defined as:
1st Tier
*Family (Employee+Spouse+Child(ren))
2nd Tier
*Employee + Spouse
*Employee + Child(ren)
3rd Tier
*Employee (Employee only)
Example: If an employee with a spouse and child opts out of insurance for the dependents, that employee moves down two tiers from “Family” to “Employee” and will receive $200.00/month. If that same employee chooses to completely opt out of insurance for the whole family, $300.00/month would be paid.

ARTICLE 15.

BILINGUAL PAY
Employees who pass a bilingual proficiency test administrated by CITY will receive two and one-half percent (2.5 %) additional pay calculated on base wages.

ARTICLE 16.

WAGES
A) City to provide a wage increase over the three-year term to be distributed as follows:
o January 1, 2025 4.0% base salary increase
o January 1, 2026 2.0% base salary increase
o July 1, 2026 2.0% base salary increase
o January 1, 2027 2.0% base salary increase
o July 1, 2027 2.0% base salary increase

B) Assignment Pay Differentials. As flat-rate compensation for additional hours of work and/or additional job responsibilities and in lieu of any and all other compensation of any kind for such additional work and/or responsibilities, the employee in the Building Inspector classification certified for and assigned City plan check responsibilities and duties and the employees in clerical classifications regularly assigned and performing the additional responsibilities and duties as the Planning Commission Secretary or as the Accounts Payable Clerk, shall receive an additional pay differential of approximately five percent (5%) above that employee's regular base wages. Step Increases. Step increases within a pay range shall not be automatic but shall be based upon merit and then only upon written approval by the employee's Department Head and the City Manager. Upon successful completion of probation, an employee at the "A" stepshall be eligible for consideration for a step increase to "B" step. Eligibility for consideration for"C" step requires six (6) months minimum service at "B" step. Eligibility for consideration for "D" and "E" steps requires one (1) year minimum service at each of the lower steps.

ARTICLE 17.

CERTIFICATION/EDUCATIONAL INCENTIVE PAY
The Certification/Educational Incentive Pay program provides a maximum two and one-half percent (2.5%) base salary adjustment per employee for an AA, AS, BA, or BS Degree in job related fields as approved by the City and job-related Certifications identified in Exhibit A attached.

ARTICLE 18.

LONGEVITY PAY
A longevity benefit in the form of a one-time only lump sum benefit equal to $500 for each five (5) years of service payable at the beginning of the first year of service after each fifth year increment, e.g. $500.00 at the beginning of the 6th year $1,000.00 at the 11th year, $1,500.00 at the 16th year, $2,000.00 at the 21st year, and $2,500 at the 26th year and so on in 5- year increments.

ARTICLE 19.

SAVINGS CLAUSE
The provisions of this MOU are declared to be severable, and if any section, subsection, sentence, clause, or phrase of this MOU shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this MOU, but they shall remain in effect. It is the intent of the parties that this MOU shall stand notwithstanding the invalidity of any part. Should any portion of this MOU be found invalid or unconstitutional, the parties will meet and confer to arrive at a mutually satisfactory replacement for that provision or portion of the MOU found to be invalid or unconstitutional.

ARTICLE 20.

FULL UNDERSTANDING
It is intended that this MOU set forth the full and entire understanding of the parties regarding the matters set forth herein, and any other previous understandings or agreements by the parties, except for addenda and side letter agreements, whether formal or informal, regarding any such matters are hereby superseded and terminated in their entirety. With respect to addenda and side letter agreements all previously existing side letter agreements and addenda and side letter agreements entered into during the term of this MOU shall continue in force subject to the terms and conditions set forth within each addendum and side letter. Further, neither party shall be bound by any promise or assurance that is not explicitly covered in this MOU, addenda, or in a side letter agreement signed by both parties.

This MOU shall govern in case of conflict with provisions of existing City ordinances, rules, and regulations pertaining to wages, hours, and other terms and conditions of employment but otherwise such ordinances, rules, and regulations shall be effective and the City Council, and other City Boards and Commissions retain the power to legislate pertaining to such matters subject to compliance with the Meyers-Milias-Brown Act.

ARTICLE 21

TERM OF AGREEMENT
Three years – January 1, 2025 – December 31, 2027.

SIGNATURES
CITY OF KINGSBURG ("CITY") CITY OF KINGS BURG PUBLIC SERVICE

EMPLOYEES ASSOCIATION
("ASSOCIATION")
By:

Alexander J. Henderson, Date
City Manager
By:

Ryan Boyd, President Date

ADDENDUM A TO MEMORANDUM OF UNDERSTANDING
RE:

CERTIFICATION/EDUCATION INCENTIVE PAY
This IS Addendum A, Re: Certification/Education Incentive Pay, to the "MEMORANDUM OF UNDERSTANDING” (“MOU”) between the CITY OF KINGSBURG (“CITY”) and the KINGSBURG PUBLIC SERVICE EMPLOYEES ASSOCIATION (“ASSOCIATION”).

A) Eligibility. Members of the Association ("EMPLOYEE") shall be eligible for a maximum two and onehalf percent (2.5%) base salary adjustment per employee for an AA, BA or BS Degree in job related fields as approved by the City and job-related Certifications as identified in paragraph "C" below.

B) Maximum Benefit. No employee shall receive more than two (2) base salary adjustments as described in paragraph “A" during their term of employment with the City.

C) Eligible Certifications. The following certificates shall be eligible for the base salary adjustment as described in paragraph “A" upon completion of all requirements as prescribed for each certificate.

1.) Notary Public - Completion of the required coursework and receipt of Notary Public Certificate.

2.) California Commercial Driver's License - Completion of the required California Department of Motor Vehicles written and drivers courses and receipt of valid California Commercial Driver’s License.

3.) Geographical Information System (GIS) - As determined by the employee's direct supervisor based on GIS operational experience and product quality, e.g., mapping.

4.) Building Permit Tech - Completion of International Code Council (ICC) Permit Tech test and receipt of certification.

5.) Certified Municipal Revenue and Tax Association (CMRTA) Certification - Completion of the CMRTA requirements for certification and receipt of certification.

CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell, Jr. & City Council
REPORT FROM: Abigail Palsgaard, City Clerk REVIEWED BY: AJH AGENDA ITEM: Approve executing the Property Damage Release for Angela Tuttle and Gloria Metzler and accept their insurance settlement of $2,590.22. – Staff Report by City Clerk Abigail Palsgaard
ACTION REQUESTED: ___Ordinance ___Resolution ____Motion ____Receive/File

EXECUTIVE SUMMARY
A hydrant was replaced at 10th and Kern due to a traffic accident that occurred on March 6, 2024. The total cost of replacement is $8,077.37. The responsible party’s insurance carrier has proposed to settle our claim for $2,590.22 due to the fact they only had $5,000 in property damage. There was another claimant who also will receive a settlement of $2,409.78, equaling $5,000.

After consulting City Attorney Noland, staff is recommending the City Council accept the settlement offer.

RECOMMENDED ACTION BY CITY COUNCIL

1. Approve executing the Property Damage Release for Angela Tuttle and Gloria Metzler and accept their insurance settlement of $2,590.22..

POLICY ALTERNATIVE(S)

1. Deny the settlement and potentially file a lawsuit.

STRATEGIC GOAL(S) MET:

1. Financial Stability.

FINANCIAL INFORMATION

ATTACHED INFORMATION

1. Settlement Agreement

2. Correspondence with Claims Generalist

3. Invoice from the City for damages
Meeting Date: 12/18/2024
Agenda Item: 5
FISCAL IMPACT:

1. Is There A Fiscal Impact? Yes

2. Is it Currently Budgeted? No

3. If Budgeted, Which Line? Water Dept. - 318
Claim # 24-9118419

PROPERTY DAMAGE RELEASE
For your protection, California law requires the following to appear on this form: Any person who knowingly presents false or fraudulent information to obtain or amend insurance coverage or to make a claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison.

I/We, City of Kinsburg , being of the lawful age of eighteen years, for and in consideration of the sum of two thousand five hundred ninety dollars and twenty two cents, ($2590.22), receipt of which is hereby acknowledged, does (do) hereby release and forever discharge and by these presents do for myself/ourselves, my/our heirs, executors, administrators, successors and assigns release and forever discharge Angela Tuttle and Gloria Metzler and successors, affiliates and assigns, and /or his/her/their associates, heirs, executors and administrators and all others legally responsible for his/her/their acts and omissions from any property damage claim, demand, right, or cause of action arising out of or in any way connected with that certain accident, resulting there from, which occurred on or about the 6th day of March, 2024 at or near Kingsburg CA.

AS A FURTHER CONSIDERATION AND INDUCEMENT FOR THIS COMPROMISE SETTLEMENT, AND PAYMENT, IT IS EXPRESSLY WARRANTED AND AGREED:
(1) That this is a full and final release of any and all claims for property damage, including loss of use and diminution of value, arising out of said accident and expressly includes, but is not limited to, all unknown and unanticipated property damage resulting from said accident, casualty or event, as well as those now disclosed. (2) That this is a compromise settlement of a doubtful and disputed claim, and that the payment of the consideration for this release shall not be deemed or construed as an admission of liability on the part of any and all of the releases herein described, but on the contrary, any such liability is expressly denied. (3) That this is a full and final release applying to all known, unknown and unanticipated property damage claims arising out of the accident described above. I/we do hereby expressly and intentionally waive all rights and benefits which I/we have or in the future may have under and by virtue of the terms of Section 1542 of the Civil Code of the State of California, which section reads as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
(4) That there are no liens, or claim of liens, or assignments in law or equity, or otherwise, of, or against, the claim or cause of action of the undersigned herein; further that the undersigned is fully entitled to give complete release and discharge. (5) That the undersigned will defend, indemnify and save harmless the party or parties released hereby from any and every claim or demand, of every kind or character which may ever be asserted by reason of said damage to property.

As part of the consideration for this release I/we hereby expressly waive the provisions of Sections 426.10 and 426.30 of the Civil Code of Procedure of California and by this waiver agree that this release or any dismissal with or without prejudice of any action brought by me/us on account of any claim arising out of the accident or occurrences involved herein, shall not release or be a bar to the prosecution of any action now pending or to be brought in the future against me/us by any person, firm, corporation or other entity released hereunder.

THE UNDERSIGNED HAS READ AND UNDERSTANDS THE TERMS AND NATURE OF THE FOREGOING RELEASE AND WARRANTS THAT THE RELEASE CONTAINS THE "ENTIRE AGREEMENT" BETWEEN THE PARTIES HERETO AND NO PROMISE, INDUCEMENT OR AGREEMENT NOT EXPRESSLY CONTAINED HEREIN HAS BEEN MADE.

IN WITNESS WHEREOF, I/we have hereunto set my/our hand this _______ day of ________________, 20________.

Signature Signature
2352F (12/2021) CA
From: Emily Poon
To: Abigail Palsgaard
Cc: Alexander Henderson
Subject: RE: [EXTERNAL] RE: United Financial Casualty Company Claim # 24-9118419 Hydrant Accident Invoice Date: Friday, November 22, 2024 3:48:41 PM
Attachments: image002.png
image003.png
Hello Abigail,
Since we only had $5000.00 in Property Damage, we have to split it between you and the other vehicle involved. The amount of one of the bills compared to the other bill dictates what percentage of the $5000.00 will go to each. The larger bill would be owed a larger percentage of the $5000.00 and the lower bill would be owed a lesser percentage. I show the breakdown below.

CLAIMANTPROPERTYPD AMOUNT % PRO-RATA
___________________________________________________________________ JOSE HERNANDEZ 2012 FORD MUSTANG $7514.66 48% $2,409.78 CITY OF KINSBURG FIRE HYDRANT $8077.37 52% $2,590.22
If you do not wish to sign off on that language, you can cross it off and I can get it reviewed to see if we are able to accept. Let me know if you have any other questions at all! Sincerely,
Emily Poon
Claims Generalist Intermediate
PO Box 94670 Cleveland, OH 44101-9919
Phone: (925) 278-5736
Fax: 833-958-1219
The contents of this e-mail and any attachments are confidential and may be legally privileged , intended solely for the addressee.

If you are not the intended recipient, be advised that any use, dissemination, distribution, storage (including electric) or copying of this e-mail is strictly prohibited. If you receive this e-mail in error, please notify the sender immediately but reply e-mail and destroy the message and its attachments.

I do not accept demands or other time sensitive information via Email. Demands may be mailed or faxed to my attention using the contact information noted above.

From: Abigail Palsgaard <[email protected]> Sent: Thursday, November 21, 2024 9:42 AM
To: Emily Poon <[email protected]>
Cc: Alexander Henderson <[email protected]> Subject: [EXTERNAL] RE: United Financial Casualty Company Claim # 24-9118419 Hydrant Accident Invoice
Importance: High
Hello,
We would like to take this matter to Council so we can resolve the claim. Can you please send me an explanation of how the amount to be paid to the City and the amount to be paid to the other party was calculated. Also, the Property Damage Release provides for a release of all known and unknown claims (1542 waiver). Can you please identify the reason for the language. Thank you.

Kind regards,
Abigail Palsgaard, CMC
City Clerk
City of Kingsburg www.cityofkingsburg-ca.gov
1401 Draper Street, Kingsburg, CA 93631
(559) 897-5821 * Fax (559) 897-5568
The City keeps a copy of all E-mails sent and received for a minimum of 2 years. All retained E-mails will be treated as a Public Record per the California Public Records Act, and may be subject to disclosure pursuant to the terms, and subject to the exemptions, of that Act.

From: Abigail Palsgaard
Sent: Thursday, November 14, 2024 10:00 AM
To: 'Emily Poon' <[email protected]>
Cc: Alexander Henderson <[email protected]> Subject: RE: United Financial Casualty Company Claim # 24-9118419 Hydrant Accident Invoice Hello Emily,
I am following up on this email.

Kind regards,
City of Kingsburg.
1401 Draper Street
Kingsburg, CA 93631
559-897-5821

INVOICE
INVOICE # 2024-0306
DATE: SEPTEMBER 11, 2024
TO:

Progressive Insurance
Policy #976813085
Claim #24-9118419
RE: 10th/ Kern Ave Fire Hydrant Damage

HYDRANT

REPLACEMENT DESCRIPTION TOTAL
08/29/2024 Water System Maintenance – Hydrant Replacement $5081.14 Public Works Labor/Admin $2996.23
SUBTOTAL 8077.37
TOTAL DUE $8077.37
Please make all checks payable to the City of Kingsburg.

INTERNAL USE ONLY
ACCT # 318-5100-549-5776 $5081.14
ACCT # 318-5100-549-5101 $2996.23

CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell, Jr. & City Council
REPORT FROM: John Binaski, Fire Chief REVIEWED BY: AJH
AGENDA ITEM: Fire – Funding request for used fire ambulance ACTION REQUESTED: ___Ordinance ___Resolution ____Motion ____Receive/File

EXECUTIVE SUMMARY
On November 26, 2024, the Fire Department experienced a vehicle accident in their newest rescue ambulance (501).

The department was fortunate that neither of the two employees were seriously injured and there was no patient in the ambulance at the time of the wreck. Significant damage occurred to the ambulance, and it is estimated that repairs will take approximately one year to complete. As a result of the accident and damage, the department had to place their only reserve ambulance back into front-line service.

The damaged ambulance was purchased in 2021 and placed in service in 2022. This ambulance was funded via a grant from the Kingsburg Healthcare District. The city is hopeful insurance will cover all of the costs associated with the required repairs from the accident.

KFD has been able to source a used ambulance from the City of Redmond, WA that will help provide a reserve ambulance to be utilized when necessary. Staff is recommending the Council authorize funding from the city’s equipment reserve fund not to exceed $25,000. These funds will be used to purchase a used ambulance, transport of the ambulance to Kingsburg, registration, installation of radio and mobile computer, changing of markings to Kingsburg Fire, and any other needed repair items.

RECOMMENDED ACTION BY CITY COUNCIL

1. The city council authorize funding from the city’s equipment reserve fund not to exceed $25,000. These funds will be used to purchase a used ambulance and necessary items to place it into service.

POLICY ALTERNATIVE(S)

1. Not to purchase the ambulance and continue to only operate two ambulances. This would then result in days the department could not operate two ambulances and a decrease in service to the community and associated transport revenue.

STRATEGIC GOAL(S) MET:

1. Community Safety

FINANCIAL INFORMATION
Meeting Date: 12/18/2024
Agenda Item: 6
FISCAL IMPACT:

1. Is There A Fiscal Impact? Yes

2. Is it Currently Budgeted? No

3. If Budgeted, Which Line? N/A

BACKGROUND INFORMATION
Kingsburg Fire Department currently has three fire ambulances manufactured by Excellence, Inc. The last fire ambulance was purchased in 2021 and the department’s oldest ambulance is 14 years old. Prior to the accident, the department had one reserve ambulance and two front line ambulances. The reserve ambulance is to serve when the primary apparatus is out-of-service for maintenance or repair. This is in compliance with national standards for fire service fleets. As a result of the accident, the department had to place the 14 year old ambulance back into front-line serve. The damage to the ambulance is severe and will require approximately a year to fix. It was recommended the city ship the ambulance back to the manufacturer for the necessary repairs. We have sent them photos and videos of the damaged unit. They believe they can remount the box onto a new Freightliner chassis. Once all of the repairs are completed it will be like a new ambulance. The current estimate for this repair is between $250,000 to $300,000. An exact price will be determined once the manufacturer receives and inspects the ambulance.

Since the repair is estimated to take approximately one year, it has required the department be resourceful on finding another option for a reserve ambulance. After doing some research, it appears the best option is to purchase a used ambulance from Redmond Fire Department, located in Washington. It is a 2010 ambulance they are replacing because it was coming to the end of the recommended 15-year life span. The ambulance appears to be in good condition and has been inspected by their Fleet Maintenance Division. This unit can serve the department’s needs for the year. The purchase price is $10,000, which is below market value for a used ambulance.

Once the ambulance is purchased it will need to be transported to the City of Kingsburg at an estimated cost of $1,500. The ambulance will need to be registered in California and requires the payment of sales tax. This is estimated at $2,000. Once it arrives the department will need to purchase and install radios/MDC at a cost of $5,000. The exterior department name will need to be changed along with some other identification markings at a cost of $2,500. The department assumes some other modifications or repairs will be needed. It estimated the total initial amount to place this unit in service will not exceed $25,000. It is unclear if any of these items will be covered by insurance. The department’s plan is to reuse the radios and MDC into the new ambulance that is on order.

The department is expecting delivery of its new ambulance in July 2026. This past August, the department purchased a new freightliner ambulance from Excellence, Inc in the amount of $360,443.24. The only upside to this unfortunate accident is the department should have two new or like new ambulances in 2026. The department just needs a reserve ambulance for 2025 for when the two primary ambulances require maintenance.

ATTACHED INFORMATION

CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell, Jr. & City Council
REPORT FROM: Holly Owen, Community Development Director REVIEWED BY: AJH AGENDA ITEM: Amendments to Title 17 (Zoning) of the Kingsburg Municipal Code for Compliance with the 2023-2031 Kingsburg Housing Element
ACTION REQUESTED: ___Ordinance ___Resolution ____Motion ____Receive/File

PRIOR ACTION
On December 4, 2024, the City Council held a public hearing regarding amendments to Title 17 of the Kingsburg Municipal Code as identified in Ordinance 2024-07. After Staff presentations, consideration of the Planning Commission action, public testimony and Council discussion, Council considered three (3) options presented by Staff to address Council’s and the public’s concerns with Section 17.48.050 (Housing Element Implementation “HEI”) of the Ordinance and the identification and zoning of four (4) parcels of real property identified in the HEI. . After much Council discussion regarding the three (3) options, the Council agreed to proceed with Option 3 which directs Staff to reexamine the entire sites inventory identified in adopted Kingsburg sixth (6th) cycle Housing Element and add newly annexed territory to the sites inventory by amendment to the sites inventory. Option 3 is attached to hereto as Attachment 2. After the Council directed Staff to proceed with Option 3, on a motion duly made, seconded and carried,the Council waived the first reading of Ordinance 2024-07 and passed the Ordinance to a second reading, with the elimination of Section 17.48.050 from the Ordinance.

Council’s selection of Option 3 will require analysis of existing prepared components of the Sites Inventory of the adopted Housing Element and any other applicable components, as well as identifying newly annexed territory for potential housing sites. This task would require time (approximately 6 months) as well as internal resources and funding to gather information and examine alternatives. Although Kingsburg Staff will communicate when appropriate with the California Housing and Community Development (“HCD”) and submit State-required information and updates, the actions of HCD during the period of this analysis as it relates to compliance of Kingsburg’s Housing Element is unknown at this time.

RECOMMENDED ACTION BY CITY COUNCIL

1. Waive the second reading and adopt Ordinance 2024-07, an ordinance of the City of Kingsburg amending various sections of Title 17 of the Kingsburg municipal code for the purpose of compliance with the requirements of the adopted Kingsburg sixth (6th) cycle housing with the following recital constituting reading the title of the Ordinance:
“AN ORDINANCE OF THE CITY OF KINGSBURG AMENDING VARIOUS SECTIONS OF TITLE 17 OF THE

KINGSBURG MUNICIPAL CODE FOR THE PURPOSE OF COMPLIANCE WITH THE REQUIREMENTS OF THE ADOPTED KINGSBURG SIXTH (6th) CYCLE HOUSING ELEMENT”

POLICY ALTERNATIVE(S)

1. The Council can elect not to adopt the ordinance.

2. Council can continue the waiver of the second reading and adoption of the Ordinance to a future meeting.

STRATEGIC GOAL(S) MET:

1. Preserve the Kingsburg Experience
Meeting Date: 12/18/2024
Agenda Item: 7

FINANCIAL INFORMATION

ATTACHED INFORMATION

1. Proposed Ordinance 2024- 07, Amendments to various sections of Title 17 of the Kingsburg Municipal Code for the purpose of compliance with the requirements of the adopted Kingsburg sixth (6th) cycle housing element

2. Option #3, PowerPoint slide from December 4, 2024 Council Meeting FISCAL IMPACT:

1. Is There A Fiscal Impact? Unknown; TBD

2. Is it Currently Budgeted? No

3. If Budgeted, Which Line? N/A
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ORDINANCE NO. 2024-007

AN ORDINANCE OF THE CITY OF KINGSBURG AMENDING VARIOUS SECTIONS OF TITLE 17 OF THE KINGSBURG MUNICIPAL CODE FOR THE PURPOSE OF

COMPLIANCE WITH THE REQUIREMENTS OF THE ADOPTED KINGSBURG SIXTH (6th) CYCLE HOUSING ELEMENT
The City Council of the City of Kingsburg does hereby ordain as follows:

Section 1. Title 17 of the Kingsburg Municipal Code is amended to read as follows:

Chapter 17.04 GENERAL PROVISIONS

17.04.010 Adoption.

There is hereby adopted, as provided herein, a zoning code for the city of Kingsburg, State of California, which is a part of the Kingsburg municipal code.

17.04.020 Purposes and objectives of the code.

The zoning code is adopted to preserve, protect and promote the public health, safety, peace, comfort, convenience, prosperity and general welfare. More specifically, the code is adopted to achieve the following objectives:

A. To provide a zone plan to guide the physical development of the city in such a manner as to achieve progressively the general arrangement of land uses described and depicted in the general plan.

B. To foster a wholesome, serviceable and attractive living environment, the beneficial development of areas which exhibit conflicting patterns of use, and the stability of existing land uses which conform with objectives, policies, principles and standards of the general plan.

C. To prevent excessive population densities and overcrowding of land with structures.

D. To promote a safe, effective traffic circulation system, the provision of adequate off-street parking and truck loading facilities, and the appropriate location of community facilities.
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E. To protect and promote appropriately located commercial and industrial activities in order to preserve and strengthen the city's economic base.

F. To protect and enhance real property values and the city's natural assets.

G. To ensure unimpeded development of such new urban expansion that is logical, desirable and in conformance with objectives and policies of the general plan.

H. To provide and protect open space in accordance with policies of the open space element of the general plan, including avoiding the premature development of prime agricultural lands.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)

17.04.030 Short title.

This title shall be known as the "Zoning Code". The words "code" and "ordinance" as used herein shall have the same meaning.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)

17.04.040 Components of the zoning title.

The zoning ordinance codified in this title shall consist of a zone plan designating certain districts and a set of regulations controlling the uses of land; the density of population, the uses and locations of structures; the height and bulk of structures: the open spaces about structures, the appearance of certain uses and structures; the areas and dimensions of sites; the location, size and illumination of signs and requiring the provision of offstreet parking and off-street loading facilities. (Ord. No. 2012-02, § 2(exh. A), 3-7-2012)

17.04.050 Interpretation.

In their interpretation and application, the provisions of this code are held to be minimum requirements except where they are expressly stated to be otherwise. No provision of this code is intended to abrogate, repeal, annul, impair or interfere with any existing ordinance of the city of Kingsburg, except as specifically repealed herein, or deed restriction, covenant, easement, or other agreement between parties, provided that where this code imposes greater restrictions or regulations than are imposed or required by an 3 1
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existing ordinance, deed restriction, covenant, easement, or agreement between parties, the ordinance codified in this title shall control.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)

17.04.060 Application.

This code shall apply to all property whether owned by private persons, firms, corporations or organizations; by the United States of America or any of its agencies; by the State of California or any of its agencies or political subdivisions; by any county or city, including the city of Kingsburg or any of its agencies; or by any authority or district organized under the laws of the State of California, all subject to the following exceptions:

A. Public streets and alleys.

B. Underground utility lines and facilities.

C. Overhead communication lines.

D. Overhead and underground electric and gas distribution and transmission facilities, subject to the provisions of Title 16.

E. Railroad rights-of-way, as defined in Chapter 17.96.

F. Other exemptions specifically allowed by state law or amendments thereto. (Ord. No. 2012-02, § 2(exh. A), 3-7-2012)

17.04.070 Construction and definitions.

The definitions of words used in this title, and the construction of the words and provisions thereof, shall be as set forth in Chapter 17.96. (Ord. No. 2012-02, § 2(exh. A), 3-7-2012)

17.04.080 Effect of graphic aids.

Graphics provided in this code in the form of specialized tables, charts, graphs, illustrations, maps and other forms of graphics are intended solely as a convenience to the user in identifying requirements of the ordinance. In the event of any conflict between such graphics and the written regulations, the written regulations shall prevail. (Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
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17.04.090 Appeals to city council.

Where the planning commission is authorized to make any decision pursuant to the provisions of Title 17 of this code and that decision is to be subject to appeal to the city council, the following procedure shall apply.

A. The applicant or any interested person adversely affected may, upon payment of an appeal fee as may be established by resolution of the council, appeal any decision, determination or requirement of the planning commission by filing an appeal thereof in writing with the city clerk, setting forth in detail the action and the grounds upon which the appeal is based within ten (10) calendar days after the action which is the subject of the appeal, the first day of the ten-day period being the day following the planning commission action. Such written appeal shall state specifically where it is claimed there was an error or abuse of discretion by the planning commission.

B. Upon the filing of an appeal, the city council shall set the matter for hearing. Such hearings shall be held within thirty (30) days after the date of filing the appeal. The city clerk shall give notice of the hearing according to the procedure required for the initial action by the planning commission, except that the timing of such notice shall be not less than ten (10) days before the hearing.

C. In holding the hearing on the matter, the council may receive any and all information pertinent to the matter, regardless of whether such information was first presented to the planning commission. In the case of decisions by the planning commission that followed a public hearing, the city council shall hold a new public hearing on the matter. Upon the close of the hearing, the council shall vote to either [confirm] the decision of the planning commission, overturn the decision, or confirm the decision with modifications, and the council may continue the item to the next meeting if necessary to direct staff to prepare a conforming resolution with findings, which shall be considered by the council at the next scheduled council meeting. In the case of a tie vote, the planning commission decision shall stand, and shall be considered final as of the date of the council vote.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)

17.04.100 Multiple decisions in a single project.
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Notwithstanding any other provision of this title to the contrary, if any project submitted to the city requires action by the city council and the planning commission the decisions of the planning commission pertaining to such project shall not be final but shall be advisory to the city council, which shall be vested with final decision making powers for all decisions pertaining to the project.
(Ord. No. 2012-02, § 2(exh. A), 3-7-2012)
Chapter 17.08 ESTABLISHMENT AND DESIGNATION OF ZONING DISTRICTS

17.08.010 Districts.

The base districts establish the basic land use and property development regulations applicable to all property within the city as provided under Section 17.04.060. The combining districts provide additional regulations which are to be exercised over certain lands in order to meet special community health, safety, welfare, environmental or development objectives described by the general plan. Combining district regulations apply in addition to the base zone and other regulations of this code.

The base and combining districts established by the zoning ordinance are hereby designated as follows:

A. Base Districts. The RA, R & RM districts are also subject to the density limitations, policies and standards of the land use element of the Kingsburg general plan.

The base districts are as follows:

RCO RESOURCE, CONSERVATION AND OPEN SPACE DISTRICT

UR URBAN RESERVE DISTRICT

RA RESIDENTIAL ACREAGE DISTRICT

R ONE-FAMILY RESIDENTIAL DISTRICTS
R-1-7 7,000 square feet minimum site area

RM MULTI-FAMILY RESIDENTIAL DISTRICTS
RM-MH-5.4 5,400 square feet minimum site area per mobilehome (8 mobilehomes/net acre)
RM-5.5 5,500 square feet minimum site area per dwelling unit RM-3 3,000 square feet minimum site area per dwelling unit RM-2.5 2,500 square feet minimum site area per dwelling unit 6 1
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RM-2 2,000 square feet minimum site area per dwelling unit

PO PROFESSIONAL OFFICE DISTRICT

C COMMERCIAL DISTRICTS
CN Neighborhood Commercial District
CC Central Commercial District
CS Service Commercial District
CH Highway Commercial District

I INDUSTRIAL DISTRICTS
IL Light Industrial District
IH Heavy Industrial District
IP Planned Industrial District
B. Combining Districts.

PUD PLANNED UNIT DEVELOPMENT DISTRICT

MXU MIXED USE DISTRICT

17.08.020 District boundaries.

Whenever any uncertainty exists as to the boundary of a district as shown on the zone plan, the following regulations shall control:

A. Where a boundary line is indicated as following a street, alley, railroad right-ofway, drainage channel or other watercourse, the centerline of such street, alley, railroad right-of-way, drainage channel or other watercourse shall be considered to be the boundary line.

B. Where a boundary line is indicated as following a lot line or property line, it shall be construed as following such lot line or property ownership line.

C. Where a boundary line is not indicated as following a street or alley and does not follow or coincide approximately with a lot line or property ownership line, the boundary line shall be determined by the use of the scale designated on the zone plan.

D. Where further uncertainty exists, the planning commission, upon written application or on its own motion, shall determine the location of the boundary in question, giving due consideration to the location indicated on the zone plan and the 7 1
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objectives of the zoning code and the purposes set forth in the district regulations and the general plan.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.08.030 Effect of district regulations.

Except as otherwise provided in this code:

A. No structure or part thereof shall be erected, altered, added to or enlarged, nor shall any site or structure be used, designated or intended to be used for any purpose, or in any manner other than is included among the uses hereinafter listed as permitted or conditional in the district in which such structure, land or premises is located.

B. No structure or part thereof shall be erected, nor shall any existing structure be altered, enlarged or rebuilt or moved into any district, nor shall any open space be encroached upon or reduced in any manner, except in conformity to the yard, site area and building location regulations hereinafter designated for the district in which such structure or open space is located.

C. No yard or other open space on one site shall be considered as providing a yard or open space for a structure on any other site.

D. Two or more abutting lots may be combined and used as though a single site. Such combination of lots shall be deemed to be a single site for all purposes of this code, provided, however, that there shall not exist on any part thereof any structure or improvement which depends for compliance with this code upon the same being treated as a single site.

E. A lot, or lots, may be divided into parts, provided that each part is equal to or exceeds the minimum lot area requirements of the code, and so long as such parts are used as though separate lots they shall be deemed to be separate lots under all provisions of this code.

F. No deed or conveyance of any portion of a site shall be made which reduces the site area, yards, off-street parking spaces or other minimum requirements of this code, without the prospective grantor and grantee first recording, in the Office of the Fresno County Recorder, a covenant for the benefit of the city of Kingsburg agreeing that such site shall continue to be maintained, operated and used as though a single site so long as any part thereof depends on the other for compliance with the provisions of this code. 8 1
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G. Any lot recorded prior to the adoption of this ordinance, any lot of record in any area heretofore or hereafter annexed to the city, and any lot affected by an action of eminent domain as described in Chapter 17.60, which are substandard with respect to the minimum lot area requirements of this title, shall be classified as a legal substandard lot.

The existence of a legal substandard lot shall not be deemed to change any other requirement or regulation pertaining to such lot. Except as provided under subsection H. of this section, no lot shall be deemed to be a legal substandard lot where such lot, at the time of the adoption of this ordinance, or upon annexation or upon being affected by an action of eminent domain, has a common side lot line with another lot under the same ownership.

H. Where a group of legal substandard lots have common side lot lines and are under the same ownership, and have in the aggregate less than the minimum lot area required for the zoning district in which located, the aggregate of such lots may be continued to be used as a single legal substandard lot.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.08.040 Changes of district boundaries or regulations due to annexation or right-of-way abandonment.

A. All territory annexed to the city which was previously classified by the county in a particular zoning district may be retained by the city if such classification is also provided for by this code and is consistent with the Kingsburg general plan.

B. Where property to be annexed to the city was classified previously by the city under pre-zoning provisions of state law and this ordinance, such pre-zoning classification shall become effective at the same time that the annexation becomes effective.

C. All territory which becomes unzoned through abandonment as a public street, alley or railroad right-of-way shall immediately become classified the same as the property adjoining such right-of-way.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.08.050 Requirements for maintaining consistency with general plan. 9 1
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A. Zoning districts shall be applied to all public and private property in a manner that is consistent with applicable policies and land use arrangements set forth in the general plan.

B. All actions and procedures pertaining to the granting, modification or denial of various permits or other entitlements provided by the ordinance, including use permits, site plans, planned unit development, and amendments, shall be consistent with applicable policies and land use arrangements set forth by the general plan.

C. The city shall not accept any application as a filing for any permit or entitlement provided for by this title if such permit or entitlement would in any way be inconsistent with applicable policies and land use arrangements of the general plan.

D. Where amendments to policies of the general plan have not yet been reflected in appropriate amendments to the zoning ordinance, the policies of the general plan shall govern as if set forth herein until corresponding regulations have been added to this ordinance consistent with such policies of the general plan. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
Chapter 17.12 ZONE PLAN

17.12.010 Adoption of zone plan.

In order that comprehensive zoning regulations may be applied uniformly to all incorporated territory with the adoption of the ordinance codified in this title, consecutively numbered maps beginning with Map No. 301 are hereto attached and made a part of this title by reference with the same force and effect as if the boundaries, together with any notations, references and information shown on said maps were specifically set out and described in this code.

Map No. 301, together with such additional maps as may be adopted in accordance with the provisions of this chapter and this ordinance, shall be known as the zone plan of the city of Kingsburg.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.12.020 Division of the zone plan.
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For purposes of convenience and identification the zone plan may be divided into parts and subparts, which may be separately shown or employed for purposes of amending the zone plan or any official reference thereto.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.12.030 Amendments to the zone plan.

Amendments to the zone plan shall be adopted in the manner provided for changing district boundaries as prescribed in Section 2302 and Sections 2304 through 2309 of this code. Said code shall be recognized by the addition to this chapter of the code section adopting said map and the filing of said map, properly attested, in the office of the Kingsburg city clerk. Amendments to the zone plan shall be identified by consecutive numbers preceded by the last two numbers of the year in which adopted. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.12.040 Pre-zoning of unincorporated territory.

The city may pre-zone unincorporated territory adjoining the city for the purposes of determining the zoning that will apply to such property in the event of subsequent annexation to the city. The method of accomplishing such pre-zoning shall be the same as that for the zoning of property within the city as provided by this title. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
Chapter 17.16 RCO—RESOURCE CONSERVATION AND OPEN SPACE DISTRICT

17.16.010 Purpose and application.

This district is intended to provide for permanent open spaces in areas of the community which exhibit significant vegetation, scenic qualities, wildlife or recreation potential, and which are designated as open space, school and college sites or agriculture by the general plan. This district is further intended to be applied to lands within the city which are subject to an agricultural land conservation contract under provisions of the Williamson Act.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
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17.16.020 Permitted uses.

A. Raising of field crops, fruit and nut trees, vines, vegetables and horticultural specialties, the raising of livestock, and rangelands.

B. Flood control channels; water pumping stations and reservoirs; irrigation ditches and canals; settling and water conservation recharge basins; drainage ponds; and streets and roads necessary for access to permitted uses.

C. Other uses which are added to this list by the planning commission according to the procedure set forth in Chapter 17.60.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.16.030 Permitted uses—Administrative approval.

A. Incidental and accessory structures and uses as defined in Chapter 17.96 located on the same site as a use permitted by administrative approval or conditional use.

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

17.60. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.16.040 Conditional uses—Commission approval.

The following uses may be permitted in accordance with Chapter 17.68:

A. Recreation areas, parks, playgrounds, wildlife preserves, and such buildings, structures and facilities as are appropriately related thereto.

B. Elementary, junior high and high school sites; college sites.

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

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

17.60. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.16.050 Property development standards.

A. Fences, Walls and Hedges. No limitation except as may be required under Chapter

17.68 or 17.72.

B. Site Area. The minimum site area for a permitted use shall be one-half acre. 12 1
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C. Frontage, Width and Depth of Site. No limitation except as may be required under Chapter 17.68 or 17.72.

D. Coverage. No limitation except as may be required under Chapter 17.68 or 17.72.

E. Yard Spaces. No limitation except as may be required under Chapter 17.68 or

17.72. F. Distances between Structures. The minimum distance between a one-family dwelling and another structure shall be ten (10) feet.

G. Building Height. No building or structure shall have a height greater than thirtyfive (35) feet, except as may be approved under Chapter 17.68 or 17.76.

H. Signs. No sign or outdoor advertising structure of any character shall be permitted except as prescribed in Chapter 17.56.

I. Off-Street Parking and Off-Street Loading. Off-street parking and off-street loading facilities shall be provided as prescribed in Chapter 17.52. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.16.060 General provisions and exceptions.

All uses shall be subject to the general provisions and exceptions prescribed in Chapter

17.60. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982) Chapter 17.20 UR—URBAN RESERVE DISTRICT

17.20.010 Purposes and application.

A. This district is intended for application to areas which are designated by the general plan or any applicable specific plan to be held in reserve for future urban expansion, including lands where Williamson Act contracts have not yet been canceled.

B. The purposes of this district are to: preserve the availability of agricultural and vacant lands required for future urban expansion: and, to prevent the premature development of lands where the range of municipal type services required by the general plan are not yet available. When such services are available, the property should be rezoned to the appropriate general plan designation.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
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17.20.020 Permitted uses.

A. Grazing and the raising of field crops, fruit and nut trees, vines, vegetables, horticultural specialties, livestock and poultry.

B. Flood control channels; water pumping stations and reservoirs; irrigation ditches and canals and ditch and canal rights-of-way settling and water conservation recharging basins; parkways; recreation areas and facilities.

C. A one-family dwelling in areas designated by the general plan for low density or medium density, provided that the site meets the property development standards and other requirements of that residential zoning district which is most appropriate for the general plan density designation involved.

D. Incidental and accessory structures and uses located on the same site as a permitted use.

E. Accessory dwelling units in accordance with section 17.56.060.

F. Mobilehomes in accordance with section 17.56.050.

G. Manufactured housing in accordance with section 17.56.050.

H. Employee housing, six persons or fewer.

I. Employee housing, more than six persons.

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

17.60. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.20.030 Permitted uses—Administrative approval.

A. Incidental and accessory structures and uses, as defined in Chapter 17.96, located on the same site as a use permitted by administrative approval or conditional use.

B. Group residential facility, small.

C. Group residential facility, large.

D. Other uses which are added to this list by the planning commission according to the procedure set forth in Chapter 17.60.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.20.040 Conditional uses—Commission approval.
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The following uses may be permitted in accordance with the procedures of Chapter 17.68 and Section 17.20.050 A:

A. Uses which are added to this list according to the procedure in Chapter 17.60. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.20.050 Required conditions.

A. Whenever a new use as listed under Section 17.20.020 is to be established in the UR district, the planning commission shall designate a zoning district classification for such use which is consistent with the general plan. Such use shall comply with the regulations of such designated district as if the use was actually proposed within such district. Such action shall be permissive for uses listed under Section 17.20.040.

B. No conditional use shall be permitted and no process, equipment or materials shall be used which are found by the commission to be objectionable to persons living or working in the vicinity or injurious to property, crops, livestock or poultry in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration, illumination, glare or unsightliness or to involve any hazard of fire, explosion or toxic chemicals.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.20.060 Property development standards.

A. Distance between Structures. The minimum distance between a structure used for human habitation and another structure shall be ten (10) feet, except that such minimum distance shall be twenty-five (25) feet from a structure housing livestock or poultry.

B. Signs. No sign or outdoor advertising structure of any character shall be permitted except as prescribed in Chapter 17.96.

C. Off-Street Parking and Off-Street Loading. Off-street parking and off-street loading facilities shall be provided as prescribed in Chapter 17.52. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.20.070 General provisions and exceptions.

All uses shall be subject to the general provisions and exceptions prescribed in Chapter

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(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
Chapter 17.24 RA—RESIDENTIAL ACREAGE DISTRICT

17.24.010 Purposes and application.

The RA residential acreage district is intended to provide living area which combines certain of the advantages of both urban and rural location by limiting development to low density concentrations of one-family dwellings as designated by the general plan, and permitting limited numbers of animals and fowl to be kept for pleasure or hobbies, free from activities of a commercial nature. The RA district is intended to encourage the use of the subdivision or parcel map process in the creation of large residential sites to assure the provision of those physical improvements necessary to protect the health, safety and general welfare of the people.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.24.020 Permitted uses.

A. One-family dwellings.

B. Raising of field crops, fruit and nut trees, vines, vegetables and horticultural specialties.

C. Breeding, hatching, raising and fattening of birds, rabbits, chinchillas, hamsters and other small animals and fowl on a domestic, non-commercial basis on sites of onehalf acre or more in area.

D. Raising of livestock, except swine, on a site containing not less than forty thousand (40,000) square feet, provided that the number of livestock shall not exceed four adult animals in any combination, and their immature off-spring, and further provided that the number of bovine and equine animals shall not exceed more than adults in any combination for each forty thousand (40,000) square feet of site area.

E. Fenced or enclosed swimming pools for either individual, family or communal use on an exclusive non-commercial basis, provided that no swimming pool shall be located within a utility easement.

F. Incidental and accessory structures and uses located on the same site as a permitted use, as follows:
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1. Private garages and carports; storehouses, garden structures, greenhouses, recreation rooms and hobby rooms and hobby shops.

2. On sites containing not less than forty thousand (40,000) square feet: barns, stables, coops, and other farm-type outbuildings. Underground storage of petroleum products is prohibited.

G. Accessory dwelling units in accordance with section 17.56.060.

H. Mobilehomes in accordance with section 17.56.050.

I. Manufactured housing in accordance with section 17.56.050.

J. Employee housing, six persons or fewer.

K. Employee housing, more than six persons.

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

17.60. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.24.030 Permitted uses—Administrative approval.

The following uses may be permitted in accordance with provisions of Chapter 17.64:

A. Enclosed temporary construction materials storage yards required in connection with the development of a subdivision, temporary subdivision sales offices and signs, and model home display areas in accordance with the provisions of Chapter 17.56.

B. Gas and electric transmission lines, in accordance with the provisions of Chapter

17.64, electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations, and elevated pressure tanks.

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

D. Group residential facilities, small.

E. Group residential facilities, large.

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

17.60. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.24.040 Conditional uses—Commission approval.
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The following conditional uses may be permitted in accordance with the provisions of Chapter 17.68:

A. Public and quasi-public uses of an educational or religious type, including public and private elementary schools, junior high schools, high schools and colleges; nursery schools; private non-profit schools and colleges; churches, parsonages and other religious institutions.

B. Public and private charitable institutions, hospitals, sanitariums, nursing homes and rest homes, not including hospitals, sanitariums, nursing homes or rest homes for mental, drug addict, or liquor addict cases except as provided under Section 17.28.040 B.

C. Public uses of an administrative, recreational, public service or cultural type, including city, county, state or federal administrative centers and courts, libraries, museums, art galleries, police and fire stations and other public buildings, structures and facilities; public playgrounds, parks and community centers.

D. Private or public golf courses.

E. Modest expansion or remodeling of an existing non-conforming use of a structure or land, limited to twenty-five (25) percent or less of the assessed value of the existing structure, or reestablishment of a non-conforming use which has been damaged, except non-conforming signs and outdoor advertising structures, non-conforming uses occupying a structure with an assessed valuation of less than two hundred (200) dollars, and nonconforming fences, walls and hedges.

F. Home occupations in accordance with Chapter 17.56.

G. Mobilehome parks in accordance with Chapter 17.56, subject to density standards applicable to single-family dwellings in the RA district of not more than one mobilehome dwelling per net acre.

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

I. Incidental and accessory structures and uses located on the same site as a conditional use.

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

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17.24.050 Property development standards.

A. Fences, Walls and Hedges. Fences, walls and hedges shall be permitted as follows:

1. Along side and rear property lines, and along any portion of the street side yard of a corner lot, not exceeding seven feet in height.

2. Fences or walls not exceeding three feet in height may be erected within any portion of the required front yard. A fence or wall not exceeding four feet in height may be located in the front yard, provided that the top one foot is at least fifty (50) percent open.

3. No fence, wall or hedge exceeding two and one-half feet in height may be located within an area of a corner lot on the street side of a diagonal line connecting points located twenty-five (25) feet along the property line as measured from the intersecting property lines at the street corner.

4. Open fences not exceeding seven feet in height, and hedges, may be located within any required yard, or along any side lot line, except as limited by the provisions of Section 17.24.050 A 3, above.

B. Site Area. The minimum site area shall be twenty thousand (20,000) square feet, provided that the average size of all lots or sites created by a division of land or subdivision shall be a minimum of forty thousand (40,000) square feet, and further provided that not more than one-half of such lots or sites shall be at the minimum site area.

C. Frontage, Width and Depth of Site. Each site shall have not less than one hundred (100) feet of frontage, or one hundred (100) feet of frontage when measured along the front yard setback line when a site fronts upon a cul-de-sac or loop-out street.

1. The minimum width of each site shall be one hundred (100) feet.

2. The minimum depth of each site shall be one hundred fifty (150) feet.

D. Number of Dwelling Units Per Site. Not more than one dwelling unit shall be allowed on each site, except as provided under Chapter 17.56.

E. Coverage. The maximum site area covered by structures shall be thirty-five (35) percent.

F. Yard Requirements.
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1. Front Yard. The minimum front yard shall be not less than thirty-five (35) feet, except along those streets where a greater setback is required by the general plan or an ordinance of the city.

2. Rear Yard. The minimum rear yard shall be ten (10) feet, subject to the following conditions:
a. Where construction involves more than one story, the rear yard shall be increased by ten (10) feet for each additional story.
b. Accessory and garden structures less than seven feet in height may be located within any portion of a required rear yard.

3. Side Yards. The minimum side yard shall be ten (10) feet, subject to the following conditions:
a. Where construction involves more than one story, the side yard shall be increased by ten (10) feet for each additional story.
b. Accessory and garden structures under seven feet in height may be located in any portion of a required side yard.
c. On the street side yard of a corner lot, the side yard shall not be less than ten (10) feet.

G. Distances between Structures. The minimum distance between a one-family dwelling and another structure shall be ten (10) feet, except as provided by the city's building code, provided however that no structure housing poultry, or animals other than cat or dog household pets, shall be closer than twenty-five (25) feet to any side yard property line or to any dwelling on the site.

H. Building Height. No building or structure shall have a height greater than thirtyfive (35) feet except as may be permitted under Chapter 17.68.

I. Signs. No sign or outdoor advertising structure of any character shall be permitted except as prescribed in Chapter 17.56.

J. Off-Street Parking and Off-Street Loading. Off-street parking and off-street loading facilities shall be provided as prescribed in Chapter 17.52. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.24.060 General provisions and exceptions.
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All uses shall be subject to the general provisions and exceptions prescribed in Chapter

17.60. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982) Chapter 17.28 R—ONE-FAMILY RESIDENTIAL DISTRICTS

17.28.010 Purposes and application.

A. The R districts are intended primarily to provide living areas at locations designated by the general plan for low density, involving single-family dwellings, with regulations designed to accomplish the following:

1. To promote and encourage a suitable environment for family life.

2. To provide space for community facilities needed to complement urban residential areas, and for institutions which require a residential environment, in accordance with policies of the general plan and state law.
(Ord. 99-08 § 2, 1999: Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.28.020 Permitted uses.

A. One-family dwellings.

B. Raising of fruit and nut trees, vines, vegetables and horticultural specialties on a non-commercial basis.

C. Fenced or enclosed swimming pools for either individual, family or communal use on an exclusive non-commercial basis, provided that no swimming pool shall be located within a utility easement.

D. A "small family day care home" or "adult day care facility" as defined by the State Health and Safety Code, which provides day care to eight or fewer children or adult clients, including children or adult clients who reside in the home.

E. An alcoholic recovery facility as defined by the State Health and Safety Code, which provides care to six or fewer persons, whether or not related.

F. A state-authorized, certified or licensed family care home, foster home or group home serving six or fewer mentally disordered or otherwise handicapped persons, or dependent and neglected children.

G. Accessory structures and uses located on the same site with a permitted use. 21 1
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H. Accessory dwelling units in accordance with section 17.56.060.

I. Mobilehomes in accordance with section 17.56.050.

J. Manufactured housing in accordance with section 17.56.050.

K. Employee housing, six persons or fewer.

L. Employee housing, more than six persons.

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

17.60. (Ord. 2006-02 § 1, 2006; Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.28.030 Permitted uses—Administrative approval.

The following uses may be permitted in accordance with Chapter 17.64:

A. Enclosed temporary construction materials storage yards required in connection with the development of a subdivision, and temporary subdivision sales offices and signs and model home display areas, in accordance with Chapter 17.56.

B. Gas and electric transmission lines in accordance with Chapter 17.64, electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and elevated pressure tanks.

C. Garden structures in accordance with Section 17.28.050(F).

D. Single-family dwellings, not involving the issuance of occupancy permits, in subdivisions or divisions of land prior to the installation of all utilities, street improvements and other improvements.

E. A "large family day care home" or "adult day care facility" as defined by the State Health and Safety Code which provides day care to nine to fourteen (14) children or adult clients, inclusive, including children or adult clients who reside in the home.

F. Tennis courts, including related fencing over seven feet in height located on the same site as a permitted or conditional use.

G. Incidental and accessory structures and uses as defined in Chapter 17.96 located on the same site as a use permitted by administrative approval or conditional use.

H. Group residential facilities, small.

I. Group residential facilities, large.

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

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(Ord. 2006-02 § 2, 2006; Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.28.040 Conditional uses—Commission approval.

The following conditional uses may be permitted in accordance with the provisions of Chapter 17.68:

A. Public and quasi-public uses of an educational or religious type including public and parochial elementary schools, junior high schools, high schools and colleges; nursery schools; private non-profit schools and colleges; churches; parsonages and other religious institutions.

B. Public and private charitable institutions, hospitals, sanitariums, rest homes, and nursing homes, including a state authorized, certified or licensed family care home, foster home or group home serving seven or more mentally disordered or otherwise handicapped persons, including rehabilitation homes for alcoholics and drug addicts, or dependent and neglected children, where such homes provide care on a twenty-four (24) hour basis.

C. Public uses of an administrative, recreational, public service or cultural type including city, county, state or federal administrative centers and courts, libraries, museums, art galleries, police and fire stations and other public buildings, structures and facilities; public playgrounds, parks and community centers.

D. Private or public golf courses.

E. Modest expansion or remodeling of an existing non-conforming use of a structure or land, limited to twenty-five (25) percent or less of the assessed value of existing structures, or reestablishment of a non-conforming use which has been damaged, except nonconforming signs and outdoor advertising structures, non-conforming uses occupying a structure with an assessed valuation of less than two hundred dollars ($200.00), and non-conforming fences, walls and hedges.

F. Home occupations in accordance with Chapter 17.56.

G. Bed and breakfast inns.

H. Mobilehome parks in accordance with Chapter 17.56, subject to the density standards applicable to single-family dwellings in the RA district of not more than six mobilehome dwellings per net acre.
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I. Expansion, remodeling or additions to a conditional use that are not either incidental or accessory as defined in Chapter 17.96.

J. Incidental and accessory structures and uses as defined in Chapter 17.96 located on the same site as a conditional use.

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

17.60. (Ord. 99-08 § 2, 1999; Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.28.050 Property development standards.

A. Fences, Walls and Hedges. Fences, walls and hedges shall be permitted in accordance with the provisions of Section 17.24.060.

B. Site Area. The minimum site area for the R-1-7 district shall be seven thousand (7,000) square feet. The minimum site area for the R-1-10 district shall be ten thousand (10,000) square feet. The minimum site area for the R-1-20 district shall be twenty thousand (20,000) square feet.

C. Frontage, Width and Depth of Site.

1. Each site in an R district shall have not less than sixty (60) feet of frontage on a public street except that those sites which front on a cul-de-sac or loop-out street may have a frontage of not less than forty (40) feet provided the width of the site, as measured along the front yard setback line, is at least sixty (60) feet in the R-1-7 district, eighty (80) feet in the R-1-10 district and one hundred (100) feet in the R-1-20 district.

2. The minimum width of each site in an R-1-7 district shall be sixty (60) feet for an interior lot and sixty-five (65) feet for a corner lot. The minimum width of each site in an R-1-10 district shall be eighty (80) feet and the minimum width of each site in an R-1-20 district shall be one hundred (100) feet.

3. The minimum depth of each site in an R-1-7 district shall be ninety (90) feet for an interior lot and eighty (80) feet for a corner lot. The minimum depth of each site in an R1-10 district shall be one hundred twenty-five (125) feet and the minimum depth of each site in an R-1-20 district shall be one hundred fifty (150) feet.

D. Number of Dwelling Units Per Site. Not more than one dwelling unit shall be allowed on each site, except as may be allowed under Section 17.56.060. 24 1
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E. Coverage. The maximum site area covered by dwellings and garages shall be forty percent (40%).

F. Yard Requirements.

1. Front Yard. The minimum front yard in an R-1-7 and R-1-10 districts shall be twenty (20) feet, provided that the distance from the centerline of a public street to the rear of the required front yard shall not be less than fifty (50) feet. The minimum front yard in an R-1-20 district shall be fifty (50) feet, provided that the distance from the centerline of a public street to the rear of the required front yard shall not be less than eighty (80) feet.

Except that: the minimum front yard in an R-1-7 district may be fifteen (15) feet when the garage for the single-family residence on the lot is located at the rear of the singlefamily residence or is a side-loaded garage. The minimum fifteen-foot front yard may only be used for one-third of the single-family residential lots in an R-1-7 single-family residential development, whether or not the development is phased.

On a site situated between sites improved with buildings where said buildings are set back less than a minimum distance required by this section, the minimum front yard shall be the average depth of the front yards on the improved sites immediately adjoining the side lines of the site.

2. Rear Yard. The minimum rear yard shall be ten (10) feet. Where construction involves more than one story, including decks, balconies, and other related platforms with a floor level over five (5) feet in height, the rear yard shall be increased by ten (10) feet for each additional story, unless the rear yard abuts an alley in which case the rear yard setback will remain at ten (10) feet. Where a garage or carport is located within a rear yard with access from an alley, it shall be set back a minimum of eleven (11) feet from the closest alley right-of-way line to provide for adequate garage ingress and egress.

3. Side Yards. The minimum side yard shall be five (5) feet, subject to the following conditions and exceptions:
a. On a reversed corner lot, and corner lot, the side yard adjoining the street shall be not less than one-half the required front yard on the adjoining key lot. b. Where construction involves more than one story, the side yard shall be increased by five (5) feet for each additional story provided, however, that the side yard on the 25 1
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street side of a corner lot, that is not a reverse corner lot, need not be greater than ten (10) feet.

G. Distances Between Structures. The minimum distance between a one-family residence and another building shall be ten (10) feet.

H. Building Height. No building or structure shall have a height greater than thirtyfive (35) feet except as may be required under Chapters 17.68 and 17.76.

I. Signs. No sign or outdoor advertising structure of any character shall be permitted except as prescribed in Chapter 17.56.

J. Off-Street Parking and Off-Street Loading. Off-street parking and off-street loading facilities shall be provided on the site for each use as prescribed in Chapter 17.52.

K. Accessory Structures. It is the purpose of this section to recognize accessory structures as desirable and beneficial accessory uses, and to provide for such uses under certain circumstances so long as land use compatibility is maintained, privacy of neighbors is protected, minimum open space and area requirements are maintained, and public health, safety, and welfare is preserved.

For purposes of this chapter, garages and permanent carports shall not be considered to be accessory structures. Accessory structures shall conform to all of the following requirements.

1. Accessory structures shall be reviewed and approved by either the planning department or building department.

2. All accessory structures shall comply with the requirements of the Uniform Building Code as adopted by the City of Kingsburg.

3. An accessory structure may only be constructed on a lot containing a principal structure.

4. Accessory structures and any accessory uses (including surface parking) may not exceed thirty percent (30%) of the square footage of the required rear yard.

5. The maximum height for an accessory structure shall be fifteen (15) feet.

6. Minimum setbacks for an accessory structure shall be:
a. Front yard—Same as principal structure.
b. Rear yard—Ten (10) feet. Zero feet if rear yard adjoins an alley or the accessory structure is less than ten and one-half (10.5) feet in height and contains no electrical, plumbing or mechanical improvements.
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c. Interior side—Five (5) feet. Zero feet if interior side yard adjoins an alley or the accessory structure is less than ten and one-half (10.5) feet in height and contains no electrical, plumbing or mechanical improvements.
d. Street side—Same as principal structure.

7. The size of a non-habitable accessory structure shall not exceed twenty-five percent (25%) of the gross square footage of the primary structure (including any attached facilities such as a garage).

8. Accessory structures shall individually be located a minimum of ten (10) feet from the principal structure and any other accessory structure.

9. Except for guesthouses and accessory dwelling units, accessory structures shall not be used for dwelling purposes.

10. A non-habitable accessory structure (small shed) less than or equal to one hundred twenty (120) square feet in size and intended for storage purposes only may be located within the required rear yard or interior side yard but not in the front yard. The maximum shed height shall be ten and one-half (10.5) feet.

11. Shipping containers shall not be permitted in any residential zone district within the City of Kingsburg.

12. Portable carports shall not be permitted in the front or street-side, side yards. (Ord. 2008-01 § 1, 2008; Ord. 2005-07 § 1, 2005; Ord. 99-07 § 2, 1999; Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
(Ord. No. 2017-001, § 2(Exh. A), 5-17-2017)

17.28.060 General provisions and exceptions.

All uses shall be subject to the general provisions and exceptions prescribed in Chapter

17.60. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982) Chapter 17.32 RM—MULTI-FAMILY RESIDENTIAL DISTRICTS

17.32.010 Purposes and application.
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The RM multi-family residential districts are intended primarily for the development of multi-family residential structures at densities consistent with policies of the general plan, as follows:

A. The RM-MH-5.4 district is intended exclusively for application to areas designated by the general plan for low or medium density residential development.

B. The RM-5.5 district is intended exclusively for application to areas designated by the general plan for medium density—5.5.

C. The RM-3 is intended exclusively for application to areas designated by the general plan for medium density—3.0.

D. The RM-2.5 district is intended exclusively for application to areas designated by the general plan for high density in older residential areas where some conversion of existing single-family housing may be desired by the city under the city's redevelopment program.

E. The RM-2 district is intended for application to areas designated by the general plan for high density in the immediate vicinity of the central business district. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.32.020 Permitted uses.

A. One-family dwellings.

B. Multi-family dwellings.

C. Raising of fruit and nut trees, vegetables and horticultural specialties.

D. A "small family day care home" or "adult day care facility" as defined by the State Health and Safety Code, which provides day care to eight or fewer children or adult clients, including children or adult clients who reside in the home.

E. Fenced or enclosed swimming pools for either individual, family or communal use on an exclusive non-commercial basis, provided that no swimming pool shall be located within a utility easement or a front yard.

F. Incidental and accessory structures and uses located on the same site with a permitted use.

G. A state-authorized, certified or licensed family care home, foster home or group home serving six or fewer mentally disordered or otherwise handicapped persons, or dependent and neglected children.
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H. Accessory dwelling units in accordance with section 17.56.060.

I. Supportive housing.

J. Transitional housing.

K. Mobilehomes in accordance with section 17.56.050.

L. Manufactured housing in accordance with section 17.56.050.

M. Employee housing, six persons or fewer.

N. Employee housing, more than six persons.

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

17.60. (Ord. 2006-02 §§ 3, 4, 2006; Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.32.030 Permitted uses—Administrative approval.

The following uses may be permitted in accordance with Chapter 17.64:

A. Enclosed temporary construction materials storage yards required in connection with the development of a subdivision, and temporary subdivision sales offices and signs and model home display areas, in accordance with Chapter 17.56.

B. Gas and electric transmission lines in accordance with Chapter 17.64, electrical transmission and distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and elevated pressure tanks.

C. Rest homes and nursing homes; boarding or rooming houses.

D. Garden structures in accordance with Section 17.32.050(F).

E. Private clubs and lodges.

F. A "large family day care home" or "adult day care facility" as defined by the State Health and Safety Code which provides day care to nine to fourteen (14) children or adult clients, inclusive, including children or adult clients who reside in the home.

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

H. Group residential facilities, small.

I. Group residential facilities, large.

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

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17.32.040 Conditional uses—Commission approval.

The following uses may be permitted in accordance with the procedures prescribed in Chapter 17.68:

A. Public and quasi-public uses of an educational or religious type, including public and parochial elementary schools, junior high schools, high schools and colleges; nursery schools, private non-profit schools and colleges; churches, parsonages and other religious institutions.

B. Public and private charitable institutions, hospitals, sanitariums, nursing homes, rehabilitation homes and rest homes, including state authorized homes as prescribed under Section 17.28.040(B).

C. Public uses of an administrative, public service or cultural type including city, county, state or federal administrative centers and courts, libraries, museums, art galleries, police and fire stations and other public buildings, structures and facilities; public playgrounds, parks and community centers.

D. Private or public golf courses.

E. Modest expansion or remodeling of an existing non-conforming use of a structure or land, limited to twenty-five (25) percent or less of the assessed value of existing structures, or reestablishment of a non-conforming use which has been damaged, except non-conforming signs and outdoor advertising structures, non-conforming use occupying a structure with an assessed valuation of less than one hundred (100) dollars, and nonconforming fences, walls and hedges.

F. Home occupations in accordance with Chapter 17.56.

G. Mobilehome parks, in accordance with the provisions of Chapter 17.56.

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

I. Professional offices, only within the RM—2 district.

J. A state authorized licensed day care center for thirteen (13) or more children.

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

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17.32.050 Property development standards.

A. Fences, Walls and Hedges. Fences, walls and hedges shall be permitted in accordance with Section 17.24.050.

B. Site Area. The minimum site area shall be five thousand five hundred (5,500) square feet in the RM-5.5 districts and three thousand (3,000) square feet in the RM-3 and RM-2 districts. The minimum site area in the RM-MH-5.4 district shall be five acres [see Section 17.56.030 C.]
C. Site Area Per Dwelling Unit. The minimum site area per dwelling unit shall be as follows:

District Area Per Unit
RM-MH-5.4 5,400 sq. ft.

RM-5.5 5,500 sq. ft.

RM-3.0 3,000 sq. ft.

RM-2.5 2,500 sq. ft.

RM-2.0 2,000 sq. ft.

D. Frontage, Width and Depth of Site.

1. Each site, other than for a mobilehome in a mobilehome park, shall have not less than fifty (50) feet of frontage on a public street, except that those sites which front on a cul-de-sac or loop-out street may have a frontage of not less than forty (40) feet provided the width of the site, as measured along the front yard setback line, is at least sixty (60) feet.

2. The minimum width of each site, other than for a mobilehome in a mobilehome park, shall be fifty (50) feet.

3. The minimum depth of each site, other than for a mobilehome in a mobilehome park, shall be eighty (80) feet.

E. Coverage. The maximum site area covered by structures shall be as follows:

District Coverage
RM-MH-5.4 [Not Applicable]
RM-5.5 50%
RM-3 50%
RM-2.5 55%
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RM-2 60%
F. Yard Requirements.

1. Front Yard. The minimum front yard shall be fifteen (15) feet, provided that the distance from the centerline of a public street to the rear of the required front yard shall not be less than forty-five (45) feet. Any fixed mechanical equipment shall not be located within the front yard.

2. Rear Yard. The minimum rear yard shall be five feet. Garden structures less than seven feet in height may be located within any portion of a required rear yard. Where construction involves more than one story, including decks, balconies, garden structures and other related platforms with a floor level over five feet in height, the rear yard shall be increased by five feet for each additional story. Accessory and garden structures under seven feet in height may be located within any portion of the required rear yard, provided that any mechanical equipment shall not be located closer than five feet from an adjoining property line.

Where a garage or carport is located within a rear yard with access from an alley, it shall be set back a minimum of eleven (11) feet from the closest alley right-of-way line.

3. Side Yards. The minimum side yard shall be five feet, subject to the following conditions and exceptions:
a. On a reversed corner lot, the side yard adjoining the street shall be not less than one-half the required front yard of the adjoining key lot. b. Accessory and garden structures under seven feet in height may be located in any portion of a required side yard, subject to approval under Section 17.64, provided that any mechanical equipment shall be located a minimum of five feet from a side property line adjoining an interior lot in an UR, RA, R or RM district. c. Where construction involves more than one story, the side yard shall be increased by five feet for each additional story, provided however that the side yard on the street side yard of a corner lot that is not a reversed corner lot need not be greater than five feet.
d. A side yard providing access to more than one dwelling unit shall not be less than ten (10) feet.
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e. Garages or carports shall be subject to the setback requirements of Section

17.28.050 F. 3.

G. Distances between Structures. The minimum distance between a dwelling unit and another structure shall be ten (10) feet.

H. Building Height. No building or structure shall have a height greater than thirtyfive (35) feet, except as may be allowed under Chapters 17.68 and 17.76.

I. Signs. No sign or outdoor advertising structure of any character shall be permitted except as provided in Chapter 17.56.

J. Off-Street Parking and Off-Street Loading. Off-street parking and off-street loading facilities shall be provided as prescribed in Chapter 17.52. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.32.060 Site plan and architectural design review.

Except for mobile homes, and single-family dwellings and accessory structures and uses related thereto, no use may be established on any lot or site in an RM district until a site plan and architectural plans shall have been submitted to and approved by the city pursuant to the provisions of Chapters 17.72 and 17.80 of this title. The development of mobilehome parks within the RM-MH8 district shall be subject to the standards and regulations prescribed under Section 17.56.030 of this title. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.32.070 General provisions and exceptions.

All uses shall be subject to the general provisions and exceptions prescribed in Chapter

17.60. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982) Chapter 17.36 PO—PROFESSIONAL OFFICE DISTRICT

17.36.010 Purposes and application.

This district is intended to provide opportunities for the location of professional and commercial offices in close relationship to one another in areas designated for combined professional office use and high density use, by the general plan; to provide adequate 33 1
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space to meet the needs of such offices for off-street parking and loading space; and to protect offices from noise, disturbances, traffic hazards and other objectionable influences which would adversely affect professional and business practices being conducted.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.36.020 Permitted uses.

A. Offices which deal in professional and business services, in which goods; wares and merchandise are not commercially created, sold or exchanged.

B. Medical and dental laboratories and clinics, and prescription pharmacies in conjunction therewith or with a hospital.

C. Any use listed as a permitted use within the R or RM districts.

D. Accessory structures and uses located on the same site as a permitted use.

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

17.60. 17.36.030 Permitted uses—Administrative approval.

A. Boarding and rooming houses.

B. Guest houses.

C. Gas and electric transmission lines, in accordance with Chapter 17.64; electrical transmission and distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and elevated pressure tanks.

D. Licensed family day care centers for seven to twelve (12) children as an accessory use in a dwelling.

E. Incidental and accessory structures and uses as defined in Chapter 17.96 located on the same site as a use permitted by administrative approval or conditional use.

F. Low barrier navigation centers.

G. Group residential facilities, small.

H. Group residential facilities, large.

I. Supportive housing.

J. Transitional housing.

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

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(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.36.040 Conditional uses—Commission approval.

A. Churches, parsonages and other religious institutions.

B. Public and private charitable institutions, hospitals, sanitariums, nursing homes, rehabilitation homes and rest homes, including state authorized homes as prescribed under Section 17.28.040 B.

C. Public uses of a cultural type, including libraries, museums, and art galleries.

D. Mortuaries.

E. Home occupations in accordance with Chapter 17.56.

F. Modest expansion or remodeling of an existing non-conforming use of a structure or land, limited to twenty-five (25) percent or less of the assessed value of existing structures, or reestablishment of a non-conforming use which has been damaged, except non-conforming signs and outdoor advertising structures, non-conforming uses occupying a structure with an assessed valuation of less than two hundred (200) dollars, and non-conforming fences, walls and hedges.

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

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

17.60. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.36.050 Property development standards.

A. Fences, Walls and Hedges. Fences, walls and hedges shall be permitted in accordance with provisions of Section 17.24.050 A.

B. Site Area. The minimum office site shall be five thousand (5,000) square feet. The minimum site area per one-family dwelling unit shall be six thousand (6,000) square feet.

The minimum site area per multi-family dwelling unit shall be two thousand (2,000) square feet.

C. Frontage, Width and Depth of Site.

1. Each site shall have not less than fifty (50) feet of frontage on a public street, except that those sites which front on a cul-de-sac or loop-out street may have a frontage 35 1
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of not less than forty (40) feet provided that the width of the site as measured along the front yard setback line is at least fifty (50) feet.

2. The minimum width of each site shall be fifty (50) feet at all other locations on the site which lay to the rear of the front yard setback line.

3. The minimum depth of each site shall be one hundred (100) feet.

D. Coverage. The maximum site area covered by structures shall be sixty-five (65) percent of the total area of the site.

E. Yard Requirements.

1. Front Yard. The minimum front yard shall be fifteen (15) feet; provided, however, the building official may approve, under Chapter 17.64, within any part of the front yard for non-residential uses, ornamental covers such as a sidewalk or entry awning, trellis or other similar improvement when said improvement is intended solely as an improved passageway or for aesthetic purposes, providing architectural integrity with the building to which it is attached. Supports shall not occupy more than ninety (90) percent of the horizontal area covered by the improvement, and the space between supports shall not be enclosed.

2. Rear Yard. The minimum rear yard shall be five feet; provided however, that where construction involves more than one story and the site lays adjacent to a site in an R district, the rear yard shall be increased by five feet for each additional story.

Accessory and garden structures under seven feet in height may be located within any portion of a required rear yard. Access to off-street parking areas from an alley shall meet the standards of Section 17.32.050 F.

3. Side Yards. The minimum side yard shall be five feet, subject to the following conditions and exceptions:
a. On a reversed corner lot, the side yard adjoining the street shall be not less than one-half the required front yard on the adjoining key lot. b. Accessory structures under seven feet in height may be located in any portion of a required side yard, subject to approval under the provisions of Chapter 17.64, except in the street side yard of a reversed corner lot.
c. Where construction involves more than one story, the side yard shall be increased by five feet for each additional story, provided however, that the side yard on the street side of a corner lot need not be greater than five feet. 36 1
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d. A side yard providing access to more than one dwelling unit shall not be less than ten (10) feet.
e. Garages or carports on the street side yard of a corner lot shall be subject to the provisions of Section 17.28.050 F.3.

F. Distances between Structures. The minimum distance between a permitted or conditional use and another building on the same site shall be ten (10) feet.

G. Building Height. The maximum height of a permitted or conditional use shall be forty (40) feet.

H. Signs. No sign or outdoor advertising structure of any character shall be permitted except as prescribed in Chapter 17.56.

I. Off-Street Parking and Off-Street Loading. Off-street parking and off-street loading facilities shall be provided as prescribed in Chapter 17.52. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.36.060 Site plan and architectural design review.

Except for one-family dwellings, and accessory structures and uses related to one-family dwellings, no use shall be erected on any lot or site in this district until a site plan and architectural plans shall have been submitted to and approved pursuant to the provisions of Chapters 17.72 and 17.80.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.36.070 Required conditions.

A. All office site boundaries adjacent to any residential zoning district shall be visually screened with ornamental masonry walls and landscaping, with wall height to be determined by the planning commission.

B. Street trees, frontage landscaping and parking area landscaping, with automatic irrigation, shall be provided for all office sites.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.36.080 General provisions and exceptions.

All uses shall be subject to the general provisions and exceptions prescribed in Chapter

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(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
Chapter 17.40 C—COMMERCIAL DISTRICTS

17.40.010 C—Purposes and application.

The commercial districts included in this code are designed to provide the opportunity for various types of retail stores, offices, service establishments and wholesale business to concentrate for the convenience of the public; to be established in such relationships to each other as to be mutually beneficial; and to be located and grouped on sites that are in logical proximity to the respective geographical areas and categories of patrons which they serve.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.40.020 CC—Central commercial district.

A. CC—Application. The central commercial district is intended to be applied within and at the periphery of the central business district (CBD) of the city as described by the general plan. The CBD serves as the primary commercial district of the community where a wide range of retail, financial, governmental, professional, business service and entertainment activities and uses are encouraged to concentrate to serve the entire community. Central commercial areas at the periphery of the central business district are intended to be developed only as unified commercial centers, except where the existing development pattern makes it impractical.

B. CC—Permitted Uses.

1. Any use listed as a permitted use in the CN district.

2. Parking lots improved in conformity with the standards prescribed for required off-street parking facilities in Chapter 17.52.

3. Professional and commercial offices.

4. Retail stores and service establishments which supply commodities or provide services primarily to meet the needs of residents of the entire community, including:

Addressograph and copying services;
Apparel stores;
Arcades;
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Art and antique stores;
Art and craft schools and colleges;
Art galleries;
Art supply stores;
Auction rooms;
Automobile supply stores;
Bakery goods stores;
Banks, including drive-in banks, and other lending agencies; Barber shops and beauty shops;
Bicycle shops;
Billiard and pool halls;
Blueprint and photocopy shops;
Book stores and, rental libraries;
Bowling alleys;
Bus depots and transit stations, provided that buses or other transit vehicles shall not be stored on the site and no repair work or servicing of vehicles shall be conducted on the site;
Business, professional and trade schools and colleges;
Cafeterias;
Camera shops, photographic supplies and photography studios; Candy, nut and confectionery stores;
Card rooms;
Catering shops;
Christmas tree sales lots;
Clothing and costume rental establishments;
Communications equipment buildings;
Dairy products stores;
Drapery and interior decorating shops;
Dance halls;
Department stores;
Drug stores;
Dry cleaning service;
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Dry goods stores;
Egg and poultry stores (no slaughtering, eviscerating or plucking); Electrical appliance and incidental repair shops;
Employment agencies;
Fire and police stations;
Florists;
Food stores, delicatessens and supermarkets;
Furniture stores;
Garden shops;
Garden supply stores and nurseries, provided that all equipment, supplies and merchandise, other than plants, shall be kept within a completely enclosed building or under a lath or other sun screen structure, and further provided that fertilizer of any type shall be stored and sold in packaged form only;
Gift, novelty or souvenir shops;
Gymnasium and health studios;
Hardware stores;
Health food stores;
Hobby supply stores;
Home furnishings;
Home improvements supplies;
Hotels, motels and apartment hotels;
Household appliance and repair shops;
Ice dispensers (coin operated);
Inns, providing temporary visitor accommodations and accessory recreational and commercial facilities;
Interior decorating shops;
Jewelry stores, including clock and watch repairing;
Leather goods and luggage stores;
Libraries;
Liquor stores;
Locksmith;
Massage and physical culture studios;
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Medical and orthopedic appliance stores;
Medical buildings;
Meeting halls;
Messenger offices;
Millinery shops;
Music stores;
Music and dance studios;
Newspaper publishing;
Newsstands and magazine stores;
Office and business machine stores;
Paint and wallpaper stores;
Pawn shops;
Pet and bird stores and pet grooming, but not including boarding of pets; Photographic supply stores;
Photography studios;
Picture framing shops;
Pool halls;
Post offices;
Pressing, altering and repairing of wearing apparel;
Printing shops;
Private clubs and lodges;
Public and private non-profit charitable institutions;
Radio and television broadcasting studios;
Radio and television stores and repair shops;
Reading rooms;
Restaurants, including drive-in restaurants, cafes, and outdoor cafes; Sale firearms;
Scientific instrument stores;
Secretarial services;
Self-service laundry and dry cleaning establishments;
Shoe repair shops;
Shoe stores;
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Soda fountains;
Sporting goods stores, including incidental boat sales and sporting equipment repair; Sports arenas within buildings;
Stamp and coin stores;
Stationery stores;
Storage buildings incidental to a permitted use;
Tailor and dressmaking shops;
Telegraph offices;
Theaters and auditoriums;
Tobacco shops;
Toy stores;
Travel bureaus;
Variety stores;
Vending machines within enclosed areas;
Wedding chapels;
Incidental and accessory structures and uses located on the same site as a permitted use; Other uses which are added to this list according to the procedure in Chapter 17.60.

C. CC—Permitted Uses—Administrative Approval.

The following uses may be permitted in accordance with the provisions of Chapter 17.64:

1. Electrical distribution substations, communication equipment buildings, gas regulator stations and utility pumping stations.

2. Accessory structures and uses as defined in Chapter 17.96, located on the same site as a use permitted by administrative approval.

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

17.60. D. CC—Conditional Uses—Commission Approval.

The following uses may be permitted in accordance with the provisions of Chapter 17.68:

1. Bars, cocktail lounges and nightclubs;

2. Churches;

3. City, county, state or federal administrative offices; libraries, police and fire stations;
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4. Dwellings in combination with permitted uses when approved through the planned unit development process outlined in Chapter 17.76, and subject to the following restrictions:
(a) Not more than twenty-five percent (25%) of the residential units may be located on the ground floor;
(b) Ground floor residential units may not be located along street frontages; (c) After parking structures, garages or carports have been deducted, not more than fifty percent (50%) of the ground floor building area may be occupied by residential units.

5. Farmers markets, including indoor and outdoor facilities;

6. Any and all projects establishing new or modifying existing service stations, regardless of whether they are stand-alone or combined with other existing or proposed uses and/or structures; provided, the entire parcel or project upon which any service station is located, regardless of size, shall be included within and subject to any such conditional use permits.

7. Service commercial uses designated by an asterisk (*) as listed under Section

17.40.040(B) of this chapter, which include incidental retail and/or office use.

8. Temporary revival church services.

9. Expansion or remodeling of an existing non-conforming use of a structure or land, up to fifty percent (50%) or less of the value of the structure, or reestablishment of a nonconforming use which has been damaged, except non-conforming signs and outdoor advertising structures, non-conforming uses occupying a structure with an assessed valuation of less than one hundred dollars ($100.00), and non-conforming fences, walls and hedges.

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

11. Incidental and accessory structures and uses located on the same site as a conditional use.

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

17.60.(Ord. 2006-01 § 1, 2006; Ord. 2000-07 § 2, 2000; Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
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17.40.030 CS—Service commercial district.

A. CS—Application. The service commercial district is intended primarily for establishments engaged in servicing equipment, materials and products, but which do not require the manufacturing, assembly, packaging or processing of articles or merchandise for distribution and retail sale. Land requirements for most service commercial uses generally dictates its application along arterial and collector streets of the city which generally lie close to central commercial, highway commercial and industrial districts, in accordance with the general plan.

B. CS—Permitted Uses.

1. Off-street parking lots improved in conformity with Chapter 17.52;

2. Service commercial establishments, including:
* Addressograph services;
Automobile body and fender repair;
Automobile repairing, overhauling, rebuilding and painting; * Automobile sale and service (new);
* Automobile and tractor parts and equipment stores;
Automobile upholstery and top shops;
* Automobile washing, either self-service or involving the use of mechanical conveyors, blowers and steam cleaning;
* Bakeries, retail and wholesale;
Bars, cocktail lounges and
nightclubs;
Bicycle shops;
Blacksmith shops;
* Blueprint and photocopy shops;
* Boat sales and service;
Book binding;
Bottling works;
* Building materials yards;
Bus depots and transit stations (including repair and storage); Business, professional and trade schools and colleges;
Cabinet shops;
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* Canvas shops;
Car washing;
Carpenters' shops;
Carpet stores;
Catering shops;
Ceramic and pottery works;
* Cleaning, pressing and dyeing establishments (using non-inflammable and nonexplosive cleaning fluid); Cold storage plants; Columbariums and crematoriums;
Communications equipment buildings;
Contractors' storage yards;
Convenience-oriented food stores limited to a maximum of five thousand (5,000) square feet of floor area;
Dairy products plants;
Diaper supply services;
Drapery and interior decorating stores;
* Electrical repair shops;
Equipment rental yards;
Exterminators;
Farm equipment sales and service;
Feed and seed stores;
Food lockers;
Freight forwarding terminals;
Furniture stores, new and used;
Furniture warehouses and van services;
* Glass shops;
* Gunsmith shops;
Heating and ventilating or air-conditioning shops, including incidental sheet metal; Home improvement centers;
Household and office equipment and machinery repair shops; * Household repair shops;
Ice storage or sale houses;
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Kennels located not closer than five hundred (500) feet to an RA, R, RM, PO, or CC district;
* Laboratories;
* Laundries;
* Linen supply services;
Liquor stores; Locksmith;
* Lumber yards, not including planing mills or saw mills; Machinery sales and rentals;
Mattress repair shops;
* Mini-storage facilities;
* Mortuaries;
* Motorcycle sales and service;
* Musical instrument repair shops and incidental sales; * Nurseries and garden supply stores;
Offices;
Packing and crating;
Paint and wallpaper stores;
* Parcel delivery services;
* Photographic and blueprint processing and printing;
Picture framing shops;
* Plumbing and sheet metal shops;
Pool halls;
* Pressing establishments;
* Printing, lithographing and engraving;
Public utility service yards;
Radio and television broadcasting studios;
Radio, television, VCR, video, and related electronic equipment repair shops; * Railroad freight and passenger stations;
Repair garages;
Restaurants, including drive-in restaurants;
Rug and carpet cleaning and dyeing;
Safe and vault repairing;
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Self-service laundry and dry cleaning establishments;
* Service stations (gasoline), including dispensing of diesel fuel and complete truck service;
Sheet metal shops;
Shoe repair shops;
* Sign painting shops;
Small animal hospitals or clinics and veterinarians' offices including short-term boarding of animals and incidental care such as bathing and trimming, provided that all operations are conducted entirely within a completely enclosed structure which complies with specifications of soundproof construction as prescribed by the building official; Stone and monument yards or mills;
* Storage garages and buildings;
Storage yards for commercial vehicles;
* Taxidermists;
Thrift shops and secondhand stores;
* Tire sales, retreading and recapping;
* Tool or cutlery sharpening or grinding;
* Trade schools;
Trailer sales and service and rentals;
Transit terminals;
Trucking terminals;
* Typewriter repair shops;
* Upholstery shops;
* Used car sales;
Warehouses except for the storage of fuel oil or flammable liquids and explosives; Welding and blacksmithing shops, excepting drop hammer; * Wholesale establishments;
Other uses which are added to this list according to the procedure in Chapter 17.60.

3. Offices and retail stores incidental to and on the same site with a commercial service establishment;

4. Electrical transmission and distribution substations, gas regulator stations, public service pumping stations and elevated pressure tanks;
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5. Incidental and accessory uses and structures located on the same site as a permitted use.

C. CS—Permitted Uses—Administrative Approval.

1. Gas and electrical transmission lines, in accordance with Chapter 17.64;

2. Christmas tree sales lots.

3. Incidental and accessory structures and uses as defined in Chapter 17.100 located on the same site as a use permitted by administrative approval, or conditional use;

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

17.56. D. CS—Conditional Uses—Commission Approval

1. Any use listed as a permitted use in the IL, Light Industrial district.

2. Drive-in theaters, golf driving ranges, pony riding rings, racetracks, riding stables, skating rinks, sports arenas and sports stadiums, and other similar open, unenclosed commercial recreation facilities.

3. Electroplating shops.

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

5. Hotels and motels.

6. Public buildings and grounds.

7. Private clubs and lodges.

8. Temporary revival church services.

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

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

17.60. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.40.040 CH—Highway commercial district.
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A. CH—Application. The highway commercial district is intended primarily for application to areas along major highway entrances to the city in accord with policies of the general plan, where controlled access to the highway is afforded for the convenience of patrons traveling the highway by the provision of frontage roads, interchanges, channelized intersections and control over driveway spacing.

B. CH—Permitted Uses.

1. Highway commercial uses, including:

Ambulance service;
Automobile sales, service and repair, including body and fender work; Automobile and farm equipment sales and supply stores;
Automobile washing;
Bars, cocktail lounges or night clubs;
Boat sales and service;
Bowling alleys;
Bus depots and transit stations;
Call centers;
Colleges and trade schools;
Emergency shelters;
Hotels and motels;
Low barrier navigation centers;
Medical offices;
Multifamily residential uses with up to 20 dwelling units per acre in density; Motorcycle sales, service and repair;
Public utility structures, service and facilities, including gas and electrical distribution and transmission substations, gas regulator stations, public service pumping stations; Private clubs and lodges;
Recreation vehicle sales and service;
Repair garages;
Restaurants, including drive-in restaurants;
Retail stores;
Service stations (gasoline, butane and diesel fuels only); Soda fountains;
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Supportive housing;
Transitional housing;
Used car sales;
Utility trailer sales, service and rental;
Incidental and accessory structures and uses located on the same site as a permitted use; Other uses which are added to this list according to the procedure in Chapter 17.60.

2. Convenience stores and services for the highway traveler, only at locations close to highway intersections or freeway interchanges, including:

Barber and beauty shops;
Drug stores;
Food stores (under ten thousand (10,000) square feet in area), excluding supermarkets; Gift shops;
Laundromats;
Liquor stores;
Offices providing financial lending services;
Offices and retail stores incidental to and on the same site with a highway commercial use;
Incidental and accessory structures and uses located on the same site as a permitted use.

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

C. CH—Permitted Uses—Administrative Approval.

1. Gas and electric transmission lines, in accordance with the provisions of Chapter

17.64. 2. Public buildings and grounds.

3. Christmas tree sales lots.

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

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

17.60. D. CH—Conditional Uses—Commission Approval.

1. Drive-in theaters, golf driving ranges, pony riding rings, race tracks, riding stables, skating rinks, sports arenas and sports stadiums, and other similar open, unenclosed commercial recreation facilities.
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2. Overnight parking for recreational vehicles; mini-storage facilities.

3. Service stations involving the dispensing of petroleum gas fuels for use by the traveling public.

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

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

6. Uses involving the manufacture, sale, repair and maintenance of light duty utility vehicles and agricultural equipment.

7. Single room occupancy units.

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

17.60. (Ord. 93-01 (part), 1993; Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982) (Ord. No. 19-01, 4-11-2019)

17.40.050 C—Required conditions.

A. Other than in a CS district, all businesses, services and processes shall be conducted entirely within a completely enclosed structure, except for off-street parking and off-street loading areas, gasoline service stations, outdoor dining areas, nurseries, garden shops, signs, Christmas tree sales lots, bus depots and transit stations, public utility stations, and used car sales incidental to new car sales.

B. No use shall be permitted and no process, equipment or materials shall be used which are found by the planning commission to be objectionable to persons living or working in the vicinity by reasons of odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried waste, noise, vibration, illumination, glare or unsightliness or to involve any hazard of fire, explosion or toxic chemicals.
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C. Temporary sidewalk sales and use of the public right-of-way for the display and sales of merchandise shall require approval by the city council. Permanent use for such purposes is strictly prohibited.

D. All commercial site boundaries adjacent to any residential zoning district shall be visually screened with ornamental masonry walls and landscaping. Wall height shall be a minimum of seven feet, except as may be designated otherwise under site plan review.

E. Street trees and frontage landscaping, with automatic irrigation, shall be provided for all commercial sites. Parking area landscaping may also be required under site plan review.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.40.060 C—Property development standards.

A. Screening and Landscaping—Fences, Wall and Hedges.

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

2. Open storage of materials and equipment attendant to a permitted use or conditional use shall be permitted only within an area surrounded or screened by a solid wall or fence seven feet minimum in height, except as may be modified under site plan review. Said storage shall not be visible above said fence or wall.

3. Street trees and other forms of landscaping may be required under the provisions of Chapters 17.72 and 17.76.

B. Site Area. No limitation.

C. Frontage, Width and Depth of Site. No limitation.

D. Coverage. No limitation.

E. Yard Requirements.

1. The minimum front yard shall be as follows:

District Minimum Minimum on a site abutting on property in a RCO, UR, R, RM or PO District and fronting on the same street
CN 15 feet 15 feet
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CC 0 feet, except 15′ outside of the CBD 10 feet
CS 0 feet 10 feet
CH 10 feet 15 feet

2. Except as specified in paragraphs 1 and 2 hereunder, no side yards or rear yards shall be required.
a. In any commercial district, the minimum side yard abutting a RCO, UR, RA, R, RM or PO district shall be ten (10) feet.
b. In any commercial district, the minimum rear yard abutting a RCO, UR, BA, R, RM or PO district shall be ten (10) feet.

F. Distances between Structures. The minimum distance between a dwelling unit and another structure shall be ten (10) feet.

G. Building Height. In a CN or CH district, fifty (50) feet maximum; in a CC or CS district, seventy-five (75) feet maximum except as may be provided under the provisions of Chapter 17.68.

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

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

17.40.070 C—Site plan and architectural design review.

No use shall be erected on any lot or site in any C district until a site plan and architectural plans shall have been submitted to and approved by the city pursuant to the provisions of Chapters 17.72 and 17.80.
(Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.40.080 C—General provisions and exceptions.

All uses shall be subject to the general provisions and exceptions in Chapter 17.60. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
Chapter 17.42 FBC—DOWNTOWN FORM BASED CODE
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[17.42.005] Preamble—Kingsburg Downtown Form Based Code.

Introduction and Overview
The Downtown Form Based Code replaces the existing zoning code for Downtown Kingsburg. The foundation for this Code began in 2006 when the City completed the Kingsburg Downtown Revitalization Plan. This process focused on revitalization of the historic core of the City and identified several common goals, including preservation of Kingsburg's unique character and a desire to maintain the significance of the Downtown as the community grows. The Code preserves, enhances, and creates a "pedestrian friendly community" by reinforcing the unique character of Downtown Kingsburg.

Form Based Codes. Form based codes are an alternative approach to zoning that reinforces walkable mixed-use development and builds on the character of a place. Form based codes foster predictable built results and high-quality public spaces by using physical form (rather than the separation of uses) as the organizing principle. Form based codes are an alternative to conventional zoning. The following standards are typically found in a form based code:
a. "Transect zones" provide the basic building standards and list allowed building types and permitted uses.
b. "Building types" provide detail about the appropriate massing and form of buildings within a zone.
c. "Private frontage types" provide details on how a building relates to the street or public space.
d. "Thoroughfare types" provide components of walkable streets that balance the needs of vehicles, pedestrians and bicyclists.
e. "Civic spaces" provide standards for a broad range of civic and open space.

In addition, the Code contains standards including parking, landscaping, fencing, screening, and signage.

The Downtown Form Based Code Transects. The transect is an organizing principle often used in Form Based Codes that focuses first on the character and type of place and second on the mix of uses. This differs from the framework found in conventional zoning in which use, rather than form, is the primary focus. The Downtown Form Based Code 54 1
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transects have been defined to respond to the places within the downtown and include the Swedish Village core and supporting mixed use neighborhoods as follows:

A. FBC 1—Neighborhood Transition. The FBC 1 Neighborhood Transition Zone provides a flexible area adjacent to Kingsburg's downtown that can evolve to accommodate a variety of medium-density building types and compatible commercial uses while maintaining its existing form and character.

B. FBC 2—Main Street Transition. The FBC 2 Main Street Transition Zone provides a flexible area that can accommodate a range of neighborhood serving commercial, service, and residential uses in a medium-to high density, "Main Street" form. This Zone provides the ability for the City's Swedish Village to mature and expand over time, accommodating a range of building types.

C. FBC 3—Main Street. The FBC 3 Main Street Zone reinforces and enhances the walkable urban Swedish Village and enables its evolution into a complete neighborhood that provides locally and regionally serving retail and entertainment uses, civic and public uses, and a variety of urban housing choices.
(Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.010 Purposes and Application.

A. Title 17 of the Kingsburg Municipal Code constitutes the City of Kingsburg ("City") Zoning Ordinance. The Code is declared to be consistent with the Kingsburg General Plan, as required by Government Code Sections 65000 et seq, California Statutes. A primary purpose of this Development Code is to implement the General Plan.

B. The Code is adopted to preserve, protect and promote the public health, safety, peace, and general welfare. More specifically, the Code is adopted to achieve the following objectives:

1. To guide the development of the City in such a manner as to achieve progressively the general arrangement of land uses described and depicted in the General Plan and to foster a wholesome, serviceable and attractive living environment, the beneficial development of areas which exhibit conflicting patterns of use, and the stability of existing land uses;

2. To provide neighborhoods with a variety of housing types to serve the needs of a diverse population;
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3. To promote the greater health benefits of a pedestrian-oriented environment;

4. To reinforce the character and quality of downtown neighborhoods;

5. To remove barriers and provide incentives for walkable urban projects;

6. To protect and promote appropriately located commercial and industrial activities in order to preserve and strengthen the City's economic base.

7. To protect and enhance real property values and the City's natural beauty and setting; and

8. To provide and protect open space in accordance with policies of the open space element of the General Plan.
(Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.020 Authority and Application.

17.42.021 Responsibility for Administration.

A. Responsible bodies and individuals. This Code shall be administered by: the Kingsburg City Council; the Planning Commission; the Planning Director, hereafter referred to as the "Director;" and the Kingsburg Planning Department.

B. Exercise of discretion. In the event that a provision of this Code allows the exercise of discretion in the application of a specific standard or requirement, but does not identify specific criteria for a decision, the following criteria shall be used in exercising discretion:

1. The proposed project complies with all applicable provisions of this Code;

2. The exercise of discretion will act to ensure the compatibility of the proposed project with its site, surrounding properties, and the community; and

3. The decision is consistent with the General Plan.
(Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.022 Applicability of the Form Based Code.

This Form Based Code applies to all land uses and development within the Form Based Code area, as follows:

A. New land uses or structures, changes to land uses or structures. It shall be unlawful and a violation of this Code for any person to construct, reconstruct, alter, or 56 1
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replace any land use or structure, except in compliance with the general requirements for development and land use requirements of this Code. No Planning Permit, Building Permit, or Grading Permit shall be issued by the City unless the proposed construction complies with all applicable provisions of this Code.

B. Minimum requirements. The provisions of this Code shall be minimum requirements. When this Code provides for discretion on the part of a City official or body, that discretion may be exercised to impose more stringent requirements than set forth in this Code, as may be determined by the City Council to be necessary to promote appropriate development, environmental protection, and other purposes of this Code.

C. Property owned by Federal or State agencies. This Code shall not apply to property owned by the United States of America or any of its agencies; by the State of California or any of its agencies or any local agency not required to comply with this code by State law; or by any other city or county. All exempt agencies are urged to submit proposed projects in conformance with the procedures set forth in this Code and to cooperate in meeting its goals and objectives and the Kingsburg General Plan.

D. City of Kingsburg. The City will comply with the standards of this Code, except that it may exempt a particular project from the application of this Code where the City Council determines the exemption is necessary to further the health, safety, or general welfare of Kingsburg residents.

E. Conflicting Requirements.

1. Form Based Code and Municipal Code provisions. If a conflict occurs between requirements of this Code and requirements of the Kingsburg Municipal Code or other regulations of the City, the most restrictive shall apply.

2. Development agreements or specific plans. If a conflict occurs between the requirements of this Code and standards adopted as part of any development agreement or applicable specific plan, the requirements of the development agreement or specific plan shall apply.

3. Private agreements. This Code applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development, land use, or land than a private agreement or restriction (for example, CC&Rs).

F. Other requirements may apply. Nothing in this Code eliminates the need for obtaining other permits required by the City, or any permit or entitlement required by 57 1
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any other applicable special district or agency, and/or the regulations of any State, or Federal agency.
(Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.030 Rules of Interpretation.

17.42.031 Interpretation.

The provisions of this Code are held to be minimum requirements except where they are expressly stated to be otherwise. No provision of this Code is intended to annul or interfere with any existing ordinance of the City, except as specifically repealed, or with any existing deed restriction, covenant, easement, or other agreement between parties, provided that where this Code imposes greater restrictions or regulations than required by an existing ordinance, deed restriction, covenant, easement, or agreement between parties, the Code shall control.
(Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.032 Authority.

The Director has the authority to interpret any provision of this Code. Whenever the Director determines that the applicability of any Code requirement is subject to interpretation, the Director may issue an official interpretation. The Director may also refer any issue of interpretation to the Commission for their determination. (Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.033 Rules.

A. Language. The following rules of construction shall apply unless inconsistent with the plain meaning of the context of this Code:

1. Shall and Should. The words "shall," "must," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended; and "may" is permissive.

2. Tense. The present tense includes the past and future tenses; and the future tense includes the present.
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3. Number. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise.

4. Including. The words "includes" and "including" shall mean "including, but not limited to,…"

5. Gender. The masculine shall include the feminine and the neuter.

6. Headings. In the event that there is any conflict or inconsistency between the heading of an article, section or paragraph of this Code and the context thereof, the said heading shall not be deemed to affect the scope, meaning or intent of such context.

B. State law requirements. Where this Code references applicable provisions of State law, the reference shall be construed to be State law provisions as they may be amended from time to time.
(Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.034 General Terminology.

A. The word "City" means the City of Kingsburg, California.

B. The words "Secretary to the Planning Commission" and "Secretary" mean the Secretary to the Planning Commission of the City of Kingsburg.

C. The word "Department" means the Planning Department of the City of Kingsburg.

D. The word "Director" means the Planning and Development Director or his or her duly appointed designee.
(Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.040 Establishment and Designation of Zone Districts.

17.42.041 Establishment of Zoning Districts.

A. Zoning Map. The City Council hereby adopts zoning for the Downtown Form Based Code area as part of the City of Kingsburg Zoning Map ("Zoning Map"), which is on file with the Department. The Zoning Map is hereby incorporated into this Code by reference.
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B. Zones established. The Downtown shall be divided into transect zones that implement the Form Based Code as shown in Figure 17.42.1. The zones shown are hereby established, and shall be shown on the Zoning Map.

C. Interpretation of Zone Boundaries. Where uncertainty exists as to the boundaries of any zone, the Director shall determine the location of such boundaries. The Director may also refer any boundary issue to the Commission for their determination. Zoning shall extend to the center-line of the street such that all public streets are zoned. (Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.042 Overlay Districts.

Overlay districts include areas of the City subject to additional design standards, such as the Highway Beautification Overlay District.
(Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.043 Land Use Table.

Table 17.42.A: Land Use Regulations, indicates permitted uses, uses requiring administrative approval, and uses requiring a Conditional Use Permit by transect zone. (Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.050 Transect Zones.

17.42.051 Applicability.

The requirements of this Section shall apply to all proposed development and shall be considered in combination with any applicable standards in 17.42.060 (Overlay Zones) and the building type standards for the applicable zone in Section 17.42.070. (Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.052 Overview of Transect Zones in the Downtown Form Based Code Area.

Regulatory standards for the three transect zones in the Downtown Form Based Code Area are shown in Table 17.42.B. Included are standards for building placement, building form, encroachment and private frontage types, and parking.

FBC 1 Neighborhood Transition
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A. Zone Intent and Description.

1. Intent. To provide a flexible area that allows medium-density building types while accommodating compatible small commercial and service uses.

2. Desired Form. Attached or closely spaced detached residential form, setback from the street.

3. General Use. Residential, Live/Work, Commercial, Home Occupation, or Civic/Open Space.

4. Parking. Low to moderate parking requirements to promote walkability and minimize visual impact on the neighborhood. On-street parking should be counted toward required parking.

B. Allowed Building Types.

Carriage House; Townhouse; Single-Unit House Cottage; Mansion Apartment; SingleUnit House Village; Apartment House; Bungalow Court; Courtyard Apartment; and Duplex. See Section 17.42.070 (Specific to Building Types) for building type descriptions and regulations.

Figure 17.42.1: Kingsburg Downtown Form Based Code Transects Table 17.42.A Specific Land Use Regulations in the Downtown Form Based Code Area Land Use1 Transect Zones
FBC 3 FBC 2 FBC 1
Commercial
Adult Entertainment Establishment See Sec. 17.86 of the Zoning Ordinance Vehicle Sales, New and Used, and Rental CUP CUP —
Bar, Tavern, Nightclub CUP CUP —
Gas Station/Fuel Sales CUP CUP —
General Retail Businesses, except with any of the following features: P P CUP Alcoholic Beverage Sales AA AA —
On-site Production of Items Sold P P AA
Floor Area more than 10,000 sq. ft. CUP CUP —
Restaurant, Café, Coffee Shop; except with the following feature: P P AA Drive Through Facilities — CUP —
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Industrial
Manufacturing/processing
Light CUP CUP —
Heavy — — —
Media Production — P —
Personal Storage Facility CUP CUP —
Printing and Publishing — P —
Warehousing and Distribution — — —
Residential
Single family/Unit AA P P
Two family unit — P P
Multifamily/Unit — P p
Accessory Dwelling Unit P P P
Residential Component of Mixed Use Project CUP2 CUP2 CUP Group Home—6 or fewer residents P P P
Group Home—More than 6 residents AA AA AA
Home Occupation P P P
Live/Work P P AA
Residential Care—Fewer than 7 clients — P P
Residential Care—7 or more clients AA AA AA
Low barrier navigation centers P P P
Supportive Housing P P P
Transitional Housing P P P
Recreation, Education, and Public Assembly
Churches CUP CUP CUP
Community or Public Safety Buildings/Facility AA AA AA
Commercial Recreation Facility—Indoor AA AA AA
Commercial Recreation Facility—Outdoor — CUP —
Farmers' Market AA AA —
Library, Museum, Post Office P AA CUP
Meeting Facility, Public or Private
15,000 sq. ft. or less P2 AA AA
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More than 15,000 sq. ft. CUP2 CUP CUP
Parks, Open Space, Playground AA AA AA
School, Public or Private P AA AA
Studio: Art, Dance, Martial Arts, Gym, etc. P P AA
Cinema or Performing Arts
15,000 sq. ft. or less P AA CUP
More than 15,000 sq. ft. CUP CUP —
Services

ATM P P AA
Bank: Financial Services P3 P —
Business Support Services P P —
Day Care
Day Care Center P2 P CUP
Family Day Care Center: Large AA2 AA AA
Family Day Care Center: Small — P P
Funeral Homes, Mortuaries — CUP —
Lodging
Bed and Breakfast Inn P2 P AA
Hotel/Motel P2 P —
Medical Services
Urgent care — P CUP
Hospital — CUP —
Medical offices and clinics P P P
Extended Care P2 P —
Offices P P AA
Personal Services P P AA
Laundromats CUP AA
Temporary Uses See Sec. 17.42.165 of the Zoning Ord
Vehicle Services
Minor maintenance and repair CUP P AA
Tire Sales P CUP —
Car Wash, self-serve or automated CUP CUP —
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Transportation, Communications, Infrastructure
Parking Facility, public or commercial P2 P AA
Public Utility — — —
Recycling, small collection facility AA AA —
Transit Station P P —
Wireless Communication Facility (cell tower) — — —
Key
— = Not Permitted P=Permitted Use AA=Administrative Approval Required CUP=Conditional Use Permit Required
1 See Section 17.96.030 of the Zoning Ordinance for definitions 2 Not allowed on the ground floor unless behind an allowed ground-floor use 3 No new drive through facilities permitted; existing drive throughs require a CUP for expansion
FBC 2 Main Street Transition
A. Zone Intent and Description.

1. Intent. To provide a flexible area that accommodates a range of neighborhoodserving commercial and residential uses in a medium- to high-density main street form.

2. Desired Form. Attached or closely spaced detached main street form, located close to or at the street.

3. General Use. Live/Work, Commercial, or Residential Upper Floor Residential or Commercial.

4. Parking. Low parking requirements to promote walkability, commercial parking as a part of a downtown commercial district, off-street residential parking. Shared or individual parking lots, on-street parking.

B. Allowed Building Types.

Townhouse; Apartment House; Courtyard Apartment; and Main-Street Mixed-Use. See Section 17.42.070 (Specific to Building Types) for building type descriptions and regulations.

FBC 3 Main Street
A. Zone Intent and Description.
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1. Intent. To reinforce and enhance the walkable urban downtown and to enable it to evolve into a neighborhood that provides commercial, retail, and entertainment uses, civic and public uses, as well as a variety of urban housing choices.

2. Desired Form. Attached or detached main street form located close to or at the street.

3. General Use. Ground floor commercial, upper floor residential or commercial.

4. Parking. Low parking requirements to promote walkability, commercial parking handled as a part of a downtown commercial district, off-street residential parking.

Shared or individual parking lots, on-street parking.

B. Allowable Building Types.

Main-Street Mixed-Use, Mid-Rise. See Section 17.42.070 (Specific to Building Types) for building type descriptions and regulations.

Table 17.42.B. Regulatory Standards in the Downtown Form Based Code Area Building Placement
Setbacks (Distance from Property Line/ROW)
Front 10' min.; 15' max.1
Side Street 5' min.; 10' max.1
Side
Main Building 5'2
Ancillary Building 0'
Rear
Main Building 5'
Ancillary Building 0'
Adjacent to Alley 5'
Facade within Facade Zone
Front 75% min.

Side Street 75% min.

Lot Size
Width 100' max. (¼ block)
Depth 150' max. (½ block)
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1 Where existing adjacent buildings are in front of the regulated front setback, the building may be set to align with the facade of the front most immediately adjacent property.
2 No side setback is required along the shared property line between side-by-side duplexes or townhouses.

Building Form
Height
Main Building 2½ stories max.

Ancillary Building 2 stories max.

Ground Floor Finish Level
Residential 18" min.

Commercial 6' max.

Ground Floor Ceiling
Residential 10' min.

Commercial 12' min.

Upper Floor(s) Ceiling 8'—6" min.

Footprint
Width 75' max.

Depth, Ground-Floor Space 20' min.

Lot Coverage 80% max.

Miscellaneous
Loading docks, overhead doors, and other service entries may not be located on streetfacing facades.

Encroachments & Private Frontage Types
Allowed Encroachments3,4
Front 10' max.

Side Street 10' max.

Side 2'—6" max.

Rear 2'—6" max.

Allowed Private Frontage Types
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Common Yard Forecourt
Porch, Projecting Dooryard
Porch, Engaged Shopfront
Stoop
3 Maximum allowed encroachments, see Frontage Types for further refinement of the allowed encroachments for frontage elements.
4 Encroachments are not allowed within a street or alley ROW or across a property line.

Parking
Required Spaces
Residential Uses
≤1,500 sf 1 space/1,000 sf min.
>1,500 sf 1.5 spaces/unit max.

Lodging Uses 0 spaces min.

Retail or Services Uses
Ground Floor < 5,000 sf 0 spaces min.

Ground Floor > 5,000 sf 2 spaces/1,000 sf max.

Upper Floor(s) 2 spaces/1,000 sf max.

Off-site parking within 600' may be used to meet parking requirements for nonresidential uses.

Shared parking may be used to meet parking requirements for non-residential uses.

Location (Distance from Property Line/ROW)
Front Setback 30'
Side Street Setback 10'
Side Setback 0'
Rear Setback 0'
Miscellaneous
Parking Drive Width
Front 12' max.

Side Street/Alley 20' max.

Building Placement
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Build-to Lines (Distance from Property Line/ROW)
Front 0' min.; 10' max.1
Side Street 0' min.; 10' max.1
BTL Defined by a Building
Front, lots < x' wide <50'; 100%
Front, lots > x' wide ≥50; 75%
Side Street 50%
Building Facade at Front BTL 75%
Setbacks (Distance from Property Line/ROW)
Side 0'
Rear
Adjacent to T5 Zones 0'
Adjacent to all other Zones 5'
Adjacent to Alley 5'
Lot Size
Width 200' max. (½ block)
Depth 150' max. (½ block)
Miscellaneous
Where existing adjacent buildings are in front of the regulated BTL, the building may be set to align with the facade of the front most immediately adjacent property. 1 The exact location of the BTL within the range listed above shall be established by the first building along each block frontage to receive planning department approval. All subsequent buildings along that block frontage must match the first building's BTL.

BTL must be defined by a building within 30' of corner along the front.

A building form with a chamfered corner is permitted only if a corner entry is provided.

Entire ROW must be defined by a building or a 24" to 48" high fence or stucco or masonry wall.

Building Form
Height
Main Building 20' min.; 3 stories max.

Accessory Structure 2 ½ stories max.

Ground Floor Finish Level
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Residential, Setback < 8' 24" min.

Residential, Setback ≥ 8' 18" min.

Commercial 6" max.

Ground Floor Ceiling
Residential 10' min.

Commercial 12' min.

Upper Floor(s) Ceiling
Residential 8'—6" min.

Commercial 9' min.

Footprint
Depth, Ground-Floor Space
Residential 20' min.

Commercial 30' min.

Miscellaneous
Distance Between Entries
to Ground Floor 50' max.
to Upper Floor(s) 100' max.

All upper floors must have a primary entrance along the front.

Loading docks, overhead doors, and other service entries may not be located on streetfacing facades.

Any buildings wider than 75' must be designed to read as a series of buildings no wider than 50' each.

Encroachments and Private Frontage Types
Allowed Encroachments2,3
Front 10' max.

Side Street 10' max.

Rear
Adjacent to T5 Zones 0'
Adjacent to all other Zones 5'
Adjacent to Alley 5'
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Allowed Private Frontage Types
Stoop Dooryard
Forecourt Shopfront
2 Maximum allowed encroachments, see Frontage Types for further refinement of the allowed encroachments for frontage elements.
3 Encroachments are not allowed within an alley ROW or across a property line Parking
Required Spaces
Residential Uses 1 space/1,000 sf min.

Lodging Uses 0 spaces min.

Retail or Services Uses
Ground Floor < 5,000 sf 0 spaces min.

Ground Floor > 5,000 sf 2 spaces/1,000 sf max.

Upper Floor(s) 2 spaces/1,000 sf max.

Off-site parking within 600' may be used to meet parking requirements for residential uses.

Off-site parking within 1200' may be used to meet parking requirements for nonresidential uses Location (Distance from Property Line/ROW)
Front Setback 30'
Side Street Setback 0'6
Side Setback 0'
Rear Setback 0'
6 Parking may not be located in front of BTL.

Miscellaneous
Parking Drive Width
Front, ≤ 40 spaces 12' max.

Front, > 40 spaces 20' max.

Side Street/Alley 20' max.
% of Frontage along Front 20% max.
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Building Placement
Build-to Lines (Distance from Property Line/ROW)
Front 0'
Side Street 0'
BTL Defined by a Building
Front, Lots <50' wide 100%
Front, Lots ≥50' wide 75%
Side Street 50%
Building Facade at Front BTL
Front 100%
Setbacks (Distance from Property Line/ROW)
Side 0'
Rear
Adjacent to T5 Zones 0'
Adjacent to all other Zones 5'
Adjacent to Alley 5'
Lot Size
Width 200' max. (½ block)
Depth 150' max. (½ block)
Miscellaneous
BTL must be defined by a building within 30' of corner along the front.

A building form with a chamfered corner is permitted only if a corner entry is provided.

Building Form
Height
Main Building 20' min.; 3 stories max.

Ground Floor Finish Level 6" max.

Ground Floor Ceiling 12' min.

Upper Floor(s) Ceiling
Residential 8'—6" min.

Commercial 9' min.
4 stories max. permitted for buildings with affordable or senior housing units. 4 stories max. permitted for LEED certified buildings.
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4th floor and above must be setback 10'.

Within 20' of the rear property line, buildings may not be more than a half-story taller than the allowed height of adjacent buildings.

Footprint
Depth, Ground-Floor Space
Commercial, Front 50' min.

Commercial, Side Street 30' min.

Miscellaneous
Distance Between Entries
to Ground Floor 50' max.
to Upper Floor(s) 100' max.

All upper floors must have a primary entrance along the front.

Miscellaneous (continued)
Loading docks, overhead doors, and other service entries may not be located on streetfacing facades.

Any buildings wider than 75' must be designed to read as a series of buildings no wider than 50' each.

Encroachments and Private Frontage Types
Allowed Encroachments1,2
Front 10' max.

Side Street 10' max.

Rear
Adjacent to T5 Zones 0'
Adjacent to all other Zones 5'
Adjacent to Alley 5'
Allowed Private Frontage Types
Stoop Shopfront
Forecourt
1 Maximum allowed encroachments, see Frontage Types for further refinement of the allowed encroachments for frontage elements.
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2 Encroachments are not allowed within an alley ROW or across a property line Parking
Required Spaces
Residential Uses 1 space/unit max.

Lodging Uses 0 spaces min.

Retail or Services Uses
Ground Floor < 5,000 sf 0 spaces min.

Ground Floor > 5,000 sf 2 spaces/1,000 sf max.

Upper Floor(s) 2 spaces/1,000 sf max.

Off-site parking within 600' may be used to meet parking requirements for residential uses.

Off-site parking within 1200' may be used to meet parking requirements for nonresidential uses.

Location (Distance from Property Line/ROW)
Front Setback 50'
Side Street Setback 0'
Side Setback 0'
Rear Setback 0'
Miscellaneous
Parking Drive Width
Front, ≤ 40 spaces 12' max.

Front, > 40 spaces 20' max.

Side Street/Alley 20' max.
% of Frontage along Front 20%
(Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.060 Overlay Zones.

17.42.061 Applicability.

The provisions of this Section apply to proposed land uses and development in addition to all other applicable requirements of this Code.
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A. Mapping of overlay zones. The applicability of any overlay zone to a specific site is shown on the Zoning Map.

1. Allowed land uses, permit requirements, development standards. Except as may be otherwise provided by this Section for a specific overlay zone Development and new land uses within an overlay zone shall comply with all applicable standards of the primary zone, all other provisions of this Code and other City guidelines or procedures, as applicable.
(Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.062 Highway Beautification Overlay Zone.

Applicability. The Form Based Code Area within the HB Overly Zone shall be subject to the requirements of Section 17.48.040 of the Zoning Ordinance. (Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.063 Planned Unit Development Overlay Zone.

Applicability. The PUD Overlay applies to areas of the City designated as PUDs prior to the effective date of this Form Based Code and shall be subject to the requirements of Section 17.48.010 of the Zoning Ordinance.
(Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.070 Specific to Building Types.

17.42.071 Applicability.

The requirements of this Section apply to all proposed development within transect zones, and shall be considered in combination with the standards for the applicable zone. (Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.072 Building Types Overview.

A. The names of the building types are not intended to limit uses within a building type. For example, a single-unit house may have non-residential uses within it, such as a restaurant or office.
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B. The Lot Size Standards designate the range of lot sizes that the given building type is allowed to be built on. If the lot is smaller or larger than the allowed lot size, a different building type must be selected.

C. The building types and permissible transect zones are described below. Full descriptions, including photographs and lot standards, follow this section in Table

17.42.C.

Carriage House. This Building Type is a secondary structure typically located at the rear of a lot. It typically provides either a small residential unit, home office space, or other small commercial or service use that may be above a garage or at ground level. This Type is important for providing affordable housing opportunities and incubating small businesses within walkable neighborhoods.

Permissible Transect Zone: FBC 1 FBC 2
Single-Unit House, Village. This Building Type is a medium-sized detached structure on a medium-sized lot that incorporates one unit. It is typically located within a primarily single-family residential neighborhood in a walkable urban setting, potentially near a neighborhood main street.

Permissible Transect Zone: FBC 1 FBC 2
Single-Unit House, Cottage. This Building Type is a small detached structure on a small lot that incorporates one unit. It is typically located within a primarily single-family residential neighborhood in a walkable urban setting, potentially near a neighborhood main street. This Type enables appropriately scaled, well-designed higher densities.

Permissible Transect Zone: FBC 1 FBC 2 FBC 3
Bungalow Court. This Building Type consists of small, detached structures arranged to define a shared court that is typically perpendicular to the street. The shared court takes the place of a private rear yard and becomes an important community-enhancing element. This Type is appropriately scaled to fit within primarily single-family or medium-density neighborhoods. It enables appropriately-scaled, well-designed higher densities.

Permissible Transect Zone: FBC 1 FBC 2
Duplex. This Building Type is a small- to medium-sized structure that consists of two side-by-side or stacked dwelling units, and within a single building massing. This Type 75 1
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has the appearance of a medium to large single-family home and is appropriately scaled to fit within primarily single family neighborhoods or medium-density neighborhoods.

Permissible Transect Zone: FBC 1
Townhouse. This Building Type is a small to medium-sized attached structure that consists of three to eight dwelling units placed side-by-side. This Type is typically located within medium-density neighborhoods or in a location that transitions from a primarily single-family neighborhood into a neighborhood main street. This type enables appropriately-scaled, well designed higher densities.

Permissible Transect Zone: FBC 1 FBC 2
Mansion Apartment. This Building Type consists of three to six side-by-side and/or stacked dwelling units, typically with one shared entry or individual entries along the front. This Type has the appearance of a medium sized family home and is appropriately scaled to fit in sparingly within primarily single-family neighborhoods or into medium density neighborhoods. This Type enables appropriately-scaled, well designed higher densities.

Permissible Transect Zones: FBC 1 FBC 2
Apartment House. This Building Type is a medium- to large-sized structure that consists of seven to 12 side-by-side and/or stacked dwelling units, typically with one shared entry.

This Type is appropriately scaled to fit in within medium-density neighborhoods or sparingly within large lot predominantly single-family neighborhoods. This Type enables appropriately scaled, well-designed higher densities.

Permissible Transect Zones: FBC 1 FBC 2
Courtyard Building. This Building Type is a medium- to large-sized structure that consists of multiple side-by-side and/or stacked dwelling units accessed from a courtyard or series of courtyards. Each unit may have its own individual entry, or up to three units may share a common entry. This Type is appropriately scaled to fit in sparingly within primarily single-family or medium density neighborhoods. It enables appropriatelyscaled, well designed higher densities.

Permissible Transect Zones: FBC 1 FBC 2
Main Street Mixed-Use. This Building Type is a small- to medium-sized structure, typically attached, intended to provide a vertical mix of uses with ground-floor commercial, service, or retail uses and upper-floor commercial, service, or residential 76 1
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uses. Smaller versions of this Type include live/work units. This Type makes up the primary component of a neighborhood main street and portions of a downtown main street, therefore providing walkability.

Permissible Transect Zones: FBC 2 FBC 3
Table 17.42.C. Building Types by Transect
Carriage House
One-and-a-half-story carriage house connected to main house by a breezeway.

One-and-a-half-story carriage house.

One-and-a-half-story carriage house with an internal stair.

Description. The Carriage House Building Type is a secondary structure typically located at the rear of a lot. This structure typically provides either a small residential unit, home office space, or other small commercial or service use that may be above a garage or at ground level. This Building Type is important for providing affordable housing opportunities and incubating small businesses within walkable neighborhoods.

FBC 1 Neighborhood Transitions
FBC 2 Main Street Transition
General Note: Photos on this page are illustrative, not regulatory.

Lot
Allowed on lots when accompanying a Residential Use.

Allowed on lots when accompanying the following building types: Single-Unit Houses, Duplexes, Townhouses, Mansion Apartments.

The Carriage House Building Type is the only detached accessory dwelling unit (ADU) allowed in transect zones.

Number of Units
Units 1 max.
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Building Size and Massing
Height
Per Building Form Standards based on transect zone
Main Body
Width 36' max.

Depth 30' max.

Separation from Main Building 10' min.1
1 Carriage houses may be connected to the main building by uninhabitable space such as a breezeway
Miscellaneous
Carriage houses shall not be taller or have a larger footprint than the main building on the lot.

Allowed Frontages
Stoop
Carriage houses are not required to have a Frontage Type.

Pedestrian Access
Main Entrance Location Side Street, Alley, or internal to the lot The main entrance may not be through a garage.

Vehicle Access and Parking
Parking may be accessed from the alley, side street or front.

Parking may be accessed from the front only when there is no adjacent alley or side street.

All parking spaces provided shall be separate from the principal building and may be enclosed, covered or open.

Private Open Space
The private open space requirements for the lot shall be determined by the principal building on the lot. No additional private open space is required for a carriage house.

Single-Unit House, Village
One-and-a-half-story front-loaded village house.
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Two-story village house with an engaged porch.

Two-story village house on a corner lot with a wrap-around porch.

Description. The Single-Unit House, Village Building Type is a medium-sized detached structure on a medium-sized lot that incorporates one unit. It is typically located within a primarily single-family residential neighborhood in a walkable urban setting, potentially near a neighborhood main street.

FBC 1 Neighborhood Transition
FBC 2 Main Street Transition
General Note: Photos on this page are illustrative, not regulatory.

Lot
Lot Size
Width 50' min.; 75' max.

Depth 75' min.

Area1 5,000 sf min.
1 Smaller lot size permitted only if building type is already existing on lot at time of code adoption, 09/16/2015
Number of Units
Units 1 max.

Building Size and Massing
Height
Per Building Form Standards based on transect zone
Main Body
Width 48' max.

Secondary Wing(s)
Width 30' max.

Depth 30' max.

Accessory Structure(s)
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Width 24' max.

Depth 30' max.

Allowed Frontages
Porch, Engaged
Porch, Projecting
Pedestrian Access
Main Entrance Location Front
Vehicle Access and Parking
Parking may be accessed from the alley, side street or front.

Parking may be accessed from the front only when there is no adjacent alley or side street.

Parking spaces may be enclosed, covered or open.

Private Open Space
Width 20' min.

Depth 20' min.

Area 500 sf min.

Required street setbacks and driveways shall not be included in the private open space area calculation.

Required private open space must be located behind the main body of the house.

Single-Unit House, Cottage
Small one-story cottage house.

Newly constructed two-story cottage houses.

One-and-a-half story cottage house with integral porch.

Description. The Single-Unit House, Cottage Building Type is a small detached structure on a small lot that incorporates one unit. It is typically located within a primarily single- 80 1
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family neighborhood in a walkable urban setting, potentially near a neighborhood main street. This Type enables appropriately-scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability.

FBC 1 Neighborhood Transition
FBC 2 Main Street Transition
FBC 3 Main Street
General Note: Photos on this page are illustrative, not regulatory.

Lot
Lot Size
Width 30' min.; 50' max.

Depth 50' min.; 150' max
Area1 2,500 sf min.
1 Smaller lot size permitted only if building type is already existing on lot at time of code adoption, 09/16/2015
Number of Units
Units 1 max.

Building Size and Massing
Height
Per Building Form Standards based on transect zone
Main Body
Width 36' max.

Secondary Wing(s)
Width 30' max.

Depth 30' max.

Accessory Structure(s)
Width 24' max.

Depth 30' max.

Only one accessory structure is allowed per lot.

Allowed Frontages
Porch, Projecting
Stoop
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Pedestrian Access
Main Entrance Location Front
Vehicle Access and Parking
Parking shall be accessed from a side street or alley.

Parking spaces may be enclosed, covered or open.

Private Open Space
Width 15' min.

Depth 15' min.

Area 300 sf min.

Required street setbacks and driveways shall not be included in the private open space area calculation.

Required private open space must be located behind the main body of the house.

Bungalow Court
Prairie-style bungalow court with raised stoop entries.

A bungalow court in Kingsburg.

Bungalow court with a heavily landscaped court.

Description. The Bungalow Court Building Type consists of a series of small, detached structures, providing multiple units arranged to define a shared court that is typically perpendicular to the street. The shared court takes the place of a private rear and becomes an important community-enhancing element of this Type. This Type is appropriately scaled to fit within primarily single-family or medium-density neighborhoods. It enables appropriately-scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability.

FBC 1 Neighborhood Transition
FBC 2 Main Street Transition
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General Note: Photos on this page are illustrative, not regulatory.

Lot
Lot Size
Width 75' min.; 150' max.

Depth 100' min.; 150' max
Number of Units
Units 3 min.; 9 max.

Building Size and Massing
Height
Height 1½ stories max.

Main Body
Width 32' max.

Depth 24' max.

Secondary Wing(s)
Width 24' max.

Depth 12' max.

Accessory Structure(s)
Width 24' max.

Depth 24' max.

Allowed Frontages
Porch, Projecting
Stoop
Pedestrian Access
Main Entrance Location Front
Vehicle Access and Parking
Parking may be accessed from the alley, side street or front.

Parking may be accessed from the front only when there is no adjacent alley or side street.

Parking spaces may be enclosed, covered or open.

Private Open Space
Width 20' min.
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Depth 20' min.

Area 400 sf min.

Required street setbacks and driveways shall not be included in the private open space area calculation.

Duplex
The difference in the form between this duplex and single-unit houses in the neighborhood is barely perceivable.

A side-by-side duplex with a shared porch.

A stacked duplex with one unit on top of the other.

Description. The Duplex Building Type is a small- to medium-sized structure that consists of two side-by-side or stacked dwelling units, both facing the street, and sharing one common party wall. This Type has the appearance of a medium to large single-family home and is appropriately scaled to fit within primarily single-family neighborhoods or medium-density neighborhoods. It enables appropriately-scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability.

General Note: Photos on this page are illustrative, not regulatory.

Lot
Lot Size
Width2 50' min.; 75' max.

Depth 100' min.; 150' max
2 Total width of lot(s) if there is a shared property line.

Number of Units
Units 2 max.
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Building Size and Massing
Height
Per Building Form Standards based on transect zone
Main Body
Width 48' max.

Secondary Wing(s)
Width 30' max.

Accessory Structure(s)
Width
Individual unit ownership 24' max.

Shared between units 48' max.

Depth 30' max.

Allowed Frontages
Porch, Engaged Stoop
Porch, Projecting
Pedestrian Access
Main Entrance Location Front3
Each unit shall have an individual entry facing the street on or no more than 10' behind the front facade.
3 On corner lots, each unit shall front a different street.

Vehicle Access and Parking
Parking may be accessed from the alley, side street or front.

Parking may be accessed from the front only when there is no adjacent alley or side street.

Parking spaces may be enclosed, covered or open.

Private Open Space
Width 15' min.

Depth 15' min.

Area 300 sf min.

Required street setbacks and driveways shall not be included in the private open space area calculation.

Required private open space must be located behind the main body of the house. 85 1
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Townhouse
Individual stoops and dormers help to break down the overall massing of this row of townhouses.

A series of townhouses which read as a single large building.

Minor differences in detailing and fenestration articulate the units.

Description. The Townhouse Building Type is a small- to medium-sized attached structure that consists of three to eight dwelling units placed side-by-side. This Type is typically located within medium-density neighborhoods or in a location that transitions from a primarily single-family neighborhood into a neighborhood main street. This Type enables appropriately-scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability.

Syn: Rowhouse
FBC 1 Neighborhood Transition
FBC 2 Main Street Transition
General Note: Photos on this page are illustrative, not regulatory.

Lot
Lot Size
Width 18' min.

Depth 80' min.

Number of Units
Units 3 min.; 8 max.

Building Size and Massing
Height
Per Building Form Standards based on transect zone
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Main Body
Width 18' min.; 36' max.

Secondary Wing(s)
The footprint area of the secondary wing(s) may not exceed the footprint area of the main body.

Accessory Structure(s)
Width 24' max.

Depth 30' max.

The footprint area of an accessory structure may not exceed the footprint area of the main body.

Allowed Frontages
Porch
Stoop
Pedestrian Access
Main Entrance Location Front
Each unit shall have an individual entry facing the street.

Vehicle Access and Parking
Parking may be accessed from the alley, side street or front.

Parking may be accessed from the front only when there is no adjacent alley or side street.

When accessed from the front, a single shared drive shall be used.

Parking spaces may be enclosed, covered or open.

Private Open Space
Width 8' min.

Depth 8' min.

Area 100 sf min.

Required street setbacks and driveways shall not be included in the private open space area calculation.

Required private open space must be located behind the main body of the house.

Mansion Apartment
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A group of apartment houses that have the scale and character of large single-family houses.

An example of a mansion apartment in Kingsburg.

A mansion apartment with multiple entries along the front.

Description. The Mansion Apartment Building Type is a medium structure that consists of three to six side-by-side and/or stacked dwelling units, typically with one shared entry of individual entries along the front. This Type has the appearance of a medium-sized family home and is appropriately scaled to fit in sparingly within primarily single-family neighborhoods or into medium-density neighborhoods. This Type enables appropriatelyscaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability.

FBC 1 Neighborhood Transition Standards
FBC 2 Main Street Transition Standards
General Note: Photos on this page are illustrative, not regulatory.

Lot
Lot Size
Width 50' min.; 100' max.

Depth 100' min.; 150' max.

Number of Units
Units 3 min.; 6 max.

Building Size and Massing
Height
Per Building Form Standards based on transect zone
Main Body
Width 48' max.

Depth 36' max.
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Secondary Wing(s)
Width 30' max.

Depth 30' max.

Accessory Structure(s)
Width 48' max.

Depth 30' max.

The footprint area of an accessory structure may not exceed the footprint area of the main body.

Allowed Frontages
Porch, Engaged Stoop
Porch, Projecting
Pedestrian Access
Main Entrance Location Front
Each unit shall have an individual entry.

Vehicle Access and Parking
Parking may be accessed from the alley, side street or front.

Parking may be accessed from the front only when there is no adjacent alley or side street.

Parking spaces may be enclosed, covered or open.

Shared Open Space
Width 8' min.

Depth 8' min.

Area 100 sf min.

Required street setbacks and driveways shall not be included in the private open space area calculation.

Required shared open space must be located behind the main body of the house.

Apartment House
An apartment house with a recessed stoop.
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A mansion apartment with individual entries for ground floor units.

A newly constructed mansion apartment.

Description. The Apartment House Building Type is a medium- to-large-sized structure that consists of seven to 12 side-by-side and/or stacked dwelling units, typically with one shared entry. This Type is appropriately scaled to fit in within medium density neighborhoods or sparingly within large lot predominantly single-family neighborhoods.

This Type enables appropriately-scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability.

FBC 1 Neighborhood Transition Standards
FBC 2 Main Street Transition Standards
General Note: Photos on this page are illustrative, not regulatory.

Lot
Lot Size
Width 75' min.; 150' max.

Depth 100' min.; 150' max.

Number of Units
Units 3 min.; 6 max.

Building Size and Massing
Height
Per Building Form Standards based on transect zone
Main Body
Width 60' max.

Depth 50' max.

Secondary Wing(s)
Width 48' max.

Depth 36' max.

Accessory Structure(s)
Width 48' max.
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Depth 30' max.

The footprint area of an accessory structure may not exceed the footprint area of the main body.

Allowed Frontages
Porch, Projecting Forecourt
Stoop
Pedestrian Access
Main Entrance Location Front
Units located in the main body shall be accessed by a common entry along the front.

On corner lots, units in a secondary wing may front the side street.

Vehicle Access and Parking
Parking may be accessed from the alley, side street or front.

Parking spaces may be enclosed, covered or open.

Private Open Space
No private open space requirement.

Courtyard Building
A courtyard building with all units accessed from a central courtyard that provides communal open space.

A courtyard with communal seating for residents and guest.

C-shaped courtyard building; all units enter from courtyard.

Description. The Courtyard Building Type is a medium-to- large-sized structure that consists of multiple side-by-side and/or stacked dwelling units accessed from a courtyard or series of courtyards. Each unit may have its own individual entry, or up to three units may share a common entry. This Type is appropriately scaled to fit in sparingly within primarily single-family or medium-density neighborhoods. It enables appropriately- 91 1
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scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability.

FBC 1 Neighborhood Transition Standards
FBC 2 Main Street Transition Standards
General Note: Photos on this page are illustrative, not regulatory.

Lot
Lot Size
Width 100' min.; 200' max.

Depth 100' min.; 150' max.

Number of Units
Units 4 min.; 24 max.

Building Size and Massing
Height
Height 1 story min.; 40% of footprint 2 story min.; 4 stories max.1 1 Height must also comply with Building Form Standards.

Main Body/Secondary Wing(s)
Width 150' max.

Depth 65' max.

Accessory Structure(s)
No accessory structures are allowed.

Allowed Frontages
Porch, Projecting Forecourt
Stoop
Pedestrian Access
Units shall front a courtyard or a street.

Courtyards shall be accessible from the front.

Each unit may have an individual entry.

Vehicle Access and Parking
Parking shall be accessed from a side street or alley.

Parking spaces may be structured, tuck-under, or open.

Private Open Space
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No private open space requirement.

Courtyard(s)
Width 20' min.; 50' max.

Width-to-Height Ratio 1:2 to 2:1
Depth 20' min.; 150' max.

Depth-to-Height Ratio 1:1 to 3:1
Area (total) 400 sf min.;
50 sf/unit min.

Courtyards may be at-grade or on an upper level.

Main Street Mixed-Use
Renovated historic main street mixed-use building.

A series of small live/work type main street-mixed use buildings.

An example of a main street mixed-use building in Kingsburg.

Description. The Main Street Mixed-Use Building Type is a small- to medium-sized structure, typically attached, intended to provide a vertical mix of uses with ground-floor commercial, service, or retail uses and upper-floor commercial, service, or residential uses. Smaller versions of this Type include live/work units. This Type makes up the primary component of a neighborhood main street and portions of a downtown main street, therefore being a key component to providing walkability.

FBC 2 Main Street Transition
FBC 3 Main Street
General Note: Photos on this page are illustrative, not regulatory.

Lot
Lot Size
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Width 25' min.; 150' max.

Depth 100' min.; 150' max.

Number of Units
Units 2 min.

Building Size and Massing
Height
Height 2 stories min.; 4 stories max.1
1 Height must also comply with Building Form Standards.

Main Body
Width 150' max.

Secondary Wing(s)/Accessory Structure(s)
Width 100' max.

Depth 65' max.

Accessory Structure Separation 10' min.

A secondary wing/accessory structure shall have a smaller footprint, a narrower width, and a depth not greater than the main body.

Allowed Frontages
Forecourt Dooryard
Shopfront Gallery
Terrace
Pedestrian Access
Upper floor units located in the main body shall be accessed by an entry along the front.

Ground floor units may have individual entries along the front or side street.

On corner lots, units in a secondary wing/accessory structure may front the side street.

Vehicle Access and Parking
Parking shall be accessed from a side street or alley.

Parking drives and access may be shared on adjacent lots.

On-site parking spaces may be enclosed, open, or structured.

Residential garages (if provided) may be detached or tuck-under.

Private Open Space
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No private open space requirement.
(Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.080 Specific to Private Frontages.

17.42.081 Applicability.

Private frontages are the components of a building that provide the transition between the public realm (street and sidewalk) and the private realm (yard or building). These standards supplement the standards for each zone that the frontage types are allowed within. For each private frontage type, a description, a statement of the type's intent, and design standards are provided. These standards are intended to ensure development that reinforces the highly-valued existing character and scale of Kingsburg's neighborhoods and downtown.
(Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.082 Private Frontages Overview.

Table 17.42.D. (Private Frontages General) provides an overview of the allowed private frontage types.
(Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.090 Specific to Uses.

17.42.091 Applicability.

This Section provides site planning, development, and operating standards for certain land uses allowed by Section 17.42.050 and for activities that require special standards to ensure their compatibility with site features and existing uses. (Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.092 Bed and Breakfast.

A. Operator. Bed and breakfast inns shall be operated by the property owner/manager living on the site.
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B. Number of rooms. Bed and breakfast inns shall be limited to a maximum of six guest rooms for lodging, plus accommodations for the property manager/owner.

C. Additions, modifications, and new construction. Additions, modifications, and new construction of bed and breakfast structures shall be compatible with the surrounding neighborhood and follow the City's Design Standards and Guidelines.

D. Food service. Food may only be served to registered overnight guests. Guest room cooking facilities are prohibited.

E. Fencing. A six-foot high fence or wall shall be constructed on all property lines that abut a residential district. All fences or walls shall be solid and decorative in compliance with Section 17.42.110 (Landscaping, Fencing and Screening).

F. Signs. Signs are limited to a maximum of four square feet and are subject to the sign permit approval and provisions of Section 17.42.120 (Specific to Signage).

G. Parking. Parking shall be provided in compliance with Section 17.42.100 (Specific to Parking).

Private Frontages General. The private frontage is the area between the building facade and the lot line.

SECTION PLAN
Permitted in FBC 1; not permitted in FBC 2 or FBC 3
Porch, projecting. The main facade of the building has a small to medium setback from the frontage line. The resulting front yard is typically very small and can be defined by a fence or hedge to spatially maintain the edge of the street. The projecting porch is open on three sides, and all habitable space is located behind the setback line.

Permitted in FBC 1, not permitted in FBC 2 or FBC 3
Porch, engaged. The main facade of the building has a small to medium setback from the frontage line. The resulting front yard is typically very small and can be defined by a fence or hedge to spatially maintain the edge of the street. The engaged porch has two adjacent sides of the porch that are engaged to the building while the other two sides are open.

Permitted in FBC 1, FBC 2 and FBC 3
Stoop. The main facade of the building is near the frontage line and the elevated stoop engages the sidewalk. The stoop shall be elevated above the sidewalk to ensure privacy 96 1
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within the building. Stairs from the stoop may lead directly to the sidewalk or may be side-loaded. This Type is appropriate for residential uses with small setbacks.

Permitted in FBC 1, FBC 2 and FBC 3
Forecourt. The main facade of the building is at or near the frontage line and a small percentage is set back, creating a small court space. The space could be used as an entry court or shared garden space for apartment buildings, or as an additional shopping or restaurant seating area within commercial areas.

Permitted in FBC 1, FBC 2 and FBC 3
Dooryard. The frontage line is defined by a low wall or hedge and the main facade of the building is set back a small distance creating a small dooryard. The dooryard shall not provide public circulation along a ROW. The dooryard may be raised, sunken, or at grade and is intended for ground floor residential in flex zones, live/work, and small commercial uses ≤2,500 sf.

Permitted in FBC 1, FBC 2 and FBC 3
Shopfront. The main facade of the building is at or near the frontage line with an atgrade entrance along the public way. This Type is intended for retail use. It has substantial glazing at the sidewalk level and may include an awning that may overlap the sidewalk. It may be used in conjunction with other frontage types.

Syn: Retail Frontage, Awning.

Permitted in FBC 1, FBC 2 and FBC 3
Gallery. The main facade of the building is at the frontage line and the gallery element overlaps the sidewalk. This Type is intended for buildings with ground-floor commercial uses and may be one or two stories. The gallery should extend far enough from the building to provide adequate protection and circulation for pedestrians and extend close enough to the curb so that a pedestrian cannot bypass it.

Permitted in FBC 1, FBC 2 and FBC 3
Terrace. The main facade is at or near the frontage line with an elevated terrace providing public circulation along the facade. This Type can be used to provide at-grade access while accommodating a grade change. Frequent steps up to the terrace are necessary to avoid dead walls and maximize access. This Type may also be used in historic industrial areas to mimic historic loading docks. 97 1
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Description
The main facade of the building has a large planted setback from the frontage line in order to provide a better living environment adjacent to higher-speed thoroughfares. The front yard created remains unfenced and is visually continuous with adjacent yards, supporting a common landscape and working in conjunction with the other private frontages.

Size
Depth 20' min.

Miscellaneous
Fences between front yards or between the sidewalk and front yard are not allowed.

Common Yard Frontages shall be used in conjunction with another allowed private frontage type, such as porch.

The front yards of these houses form a continuous common yard.

An example of a common yard.

Description
The main facade of the building has a small to medium setback from the frontage line.

The resulting front yard is typically very small and can be defined by a fence or hedge to spatially maintain the edge of the street. The projecting porch is open on three sides, and all habitable space is located behind the setback line
Size
Width, Clear 10' min.

Depth, Clear 8' min.

Height, Clear 8' min.

Height 2 stories max.
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Finish Level above Sidewalk 18" min.

Furniture Area, Clear 4' x 6' min.

Path of Travel 3' wide min.

Miscellaneous
Projecting porches are open on three sides and must have a roof.

In transect zones where both porches and encroachments are allowed, a porch is an allowable encroaching element.

A wrap-around projecting porch.

Projecting porch integrated into the overall massing.

Description
The main facade of the building has a small to medium setback from the frontage line.

The resulting front yard is typically very small and can be defined by a fence or hedge to spatially maintain the edge of the street. The engaged porch has two adjacent sides of the porch that are engaged to the building while the other two sides are open.

Size
Width, Clear 10' min.

Depth, Clear 8' min.

Height, Clear 8' min.

Height 2 stories max.

Finish Level above Sidewalk 18" min.

Furniture Area, Clear 4' x 6' min.

Path of Travel 3' wide min.

Miscellaneous
Up to ⅖ of the building facade may project beyond the setback line into the encroachment area for this frontage type.

Engaged porches must be open on two sides and have a roof. 99 1
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In transect zones where both porches and encroachments are allowed, a porch and up to ⅖ of the building facade is an allowable encroaching element.

Engaged porch as an attached element.

An example of an engaged porch.

Description
The main facade of the building is near the frontage line and the elevated stoop engages the sidewalk. The stoop shall be elevated above the sidewalk to ensure privacy within the building. Stairs from the stoop may lead directly to the sidewalk or may be side-loaded.

This Type is appropriate for residential uses with small setbacks.

Size
Width, Clear 5' min.; 8' max.

Depth, Clear 5' min.; 8' max.

Height, Clear 8' min.

Height 1 story max.

Depth of Recessed Entries 6' max.

Finish Level above Sidewalk 18" min.

Miscellaneous
Stairs may be perpendicular or parallel to the building facade.

Ramps shall be parallel to facade or along the side of the building.

The entry door shall be covered or recessed to provide shelter from the elements.

All doors must face the street.

This stoop on a single-family dwelling with a medium setback engages the street. 100
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These stoops on townhouses with slightly recessed entries and a minimum setback allow the steps to engage the street.

Description
The main facade of the building is at or near the frontage line and a small percentage is set back, creating a small court space. The space could be used as an entry court or shared garden space for apartment buildings, or as an additional shopping or restaurant seating area within commercial areas.

Size
Width, Clear 12' min.

Depth, Clear 12' min.

Ratio, Height to Width 2:1 max.

Miscellaneous
Forecourts should be used sparingly and should not be repeated along a block frontage.

The proportions and orientation of these spaces should be carefully considered for solar orientation and user comfort.

This residential forecourt provides prominent entry yard and breaks down the overall massing along the street.

This commercial forecourt provides an outdoor dining area along a vibrant commercial street. The ROW is defined by a low wall as required by this Code.

Description
The frontage line is defined by a low wall or hedge and the main facade of the building is set back a small distance creating a small dooryard. The dooryard shall not provide public circulation along a ROW. The dooryard may be raised, sunken, or at grade and is 101
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intended for ground floor residential in flex zones, live/work, and small commercial uses ≤2,500 sf.

Size
Depth, Clear 8' min.

Length 50' max.

Distance between Glazing 4' max.

Ground Floor Transparency 50% min.1
Depth of Recessed Entries 5' max.

Path of Travel 3' wide min.

Finish Level above Sidewalk 3'—6" max.

Finish Level below Sidewalk 6' max.

Miscellaneous
For live/work and commercial uses, these standards are to be used in conjunction with those for the Shopfront Frontage Type. In case of conflict between them, the Dooryard Frontage Type standards shall prevail.

Low walls used as seating are encouraged.

Shall not be used for circulation for more than one ground floor entry. 1 For live/work and commercial uses only.

An example of a series of small commercial dooryards.

An example of a series of residential dooryards. Each dooryard has its own steps with railings providing separation between the dooryards of adjacent units.

Description
The main facade of the building is at or near the frontage line with an at-grade entrance along the public way. This Type is intended for retail use. It has substantial glazing at the sidewalk level and may include an awning that may overlap the sidewalk. It may be used in conjunction with other frontage types.
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Size
Distance between Glazing 2' max.

Ground Floor Transparency 75% min.

Depth of Recessed Entries 5' max.

Awning
Depth 4' min.

Setback from Curb 2' min.

Height, Clear 8' min.

Miscellaneous
Residential windows shall not be used.

Doors may be recessed as long as main facade is at BTL.

Operable awnings are encouraged.

Open-ended awnings encouraged.

Rounded and hooped awnings are discouraged.

Shopfronts with accordion-style doors/windows or other operable windows that allow the space to open to the street are encouraged.

An example of a shopfront with a chamfered corner entry.

An example of a shopfront with a recessed doorway.

Description
The main facade of the building is at the frontage line and the gallery element overlaps the sidewalk. This Type is intended for buildings with ground-floor commercial uses and may be one or two stories. The gallery should extend far enough from the building to provide adequate protection and circulation for pedestrians and extend close enough to the curb so that a pedestrian cannot bypass it.

Size
Depth, Clear 8' min.
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Ground Floor Height, Clear 11' min.

Upper Floor Height, Clear 9' min.

Height 2 stories max.

Setback from Curb 2' min.; 3' max.

Miscellaneous
These standards are to be used in conjunction with those for the Shopfront Frontage Type. In case of conflict between them, the Gallery Frontage Type standards shall prevail.

Upper-story galleries facing the street must not be used to meet primary circulation requirements.

Galleries must have a consistent depth along a frontage.

Gallery must project over a sidewalk.

A one-story gallery with second floor access.

A two-story gallery.

Description
The main facade is at or near the frontage line with an elevated terrace providing public circulation along the facade. This Type can be used to provide at-grade access while accommodating a grade change. Frequent steps up to the terrace are necessary to avoid dead walls and maximize access. This Type may also be used in historic industrial areas to mimic historic loading docks.

Size
Depth, Clear 8' min.

Finish Level above Sidewalk 3'6" max.

Length of Terrace 150' max.

Distance between Stairs 50' max.

Miscellaneous
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These standards are to be used in conjunction with those for the Shopfront Frontage Type. In case of conflict between them, the Terrace Frontage Type standards shall prevail.

Low walls used as seating are encouraged.

An example of a terrace in a historic industrial district.

An example of a terrace used to accommodate a change in grade. The low walls are used to provide seating.
(Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.093 Child Day Care Facilities.

This Section establishes standards for City review of child day care facilities in conformance with State law (Health and Safety Code Section 1596.78), including limitations on the City's authority to regulate these facilities. These standards apply in addition to all other applicable provisions of this Development Code and any requirements imposed by the California Department of Social Services through its facility licensing procedures. Licensing by the Department of Social Services is required for all child day care facilities and evidence of the license shall be presented to the Planning Department prior to establishing any child day care facility.

A. Small family day care home. A small family day care home is permitted in all residential zones as allowed by Health and Safety Code Sections 1597.44 et seq.

B. Large family day care home. As allowed by Health and Safety Code Sections 1597.465 et seq., a large family day care home shall be approved if it complies with the following standards:

1. The facility shall comply with all applicable State and fire codes.

2. A separation of 300 feet shall be required from any other large family day care home.
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3. A six-foot high fence or wall shall be constructed on all property lines or around the outdoor activity areas, except in the front yard or within a traffic safety visibility area.

4. The facility shall not exceed City noise limits as established by the City's General Plan.

5. On-site exterior lighting shall be allowed for safety purposes only, shall consist of low wattage fixtures, and shall be directed downward and shielded.

6. Parking shall be provided in compliance with Section 17.42.100.

7. No swimming pool/spa shall be installed on the site after establishment of the family day care center due to human safety considerations. Any pool/spa existing on the site prior to application for a family day care center shall be removed prior to establishment of the use, unless the Director determines that secure separation exists between the pool/spa and facilities used by the children.

C. Family day care centers. The following standards apply to family day care centers:

1. The facility shall comply with all applicable State and fire codes.

2. Noise sources shall be identified through the Use Permit approval process. The facility shall not exceed City noise limits as established by the City's General Plan.

3. Parking shall be provided in compliance with Section 17.42.100.

4. On-site exterior lighting shall be allowed for safety purposes only, shall consist of low wattage fixtures, and shall be directed downward and shielded.

5. A six-foot high fence or wall shall be constructed on all property lines or around the outdoor activity areas, except in the front yard or within a traffic safety visibility area.
(Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.094 Home Occupations.

Home Occupations shall be subject to the requirements of Section 17.56.010 of the Zoning Ordinance.
(Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.095 Live/Work.
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A. Purpose. This Section provides standards for live/work units and for the reuse of existing commercial and industrial structures to accommodate live/work where allowed.

A live/work unit shall function predominantly as a work space with incidental residential accommodations. The standards of this Section do not apply to mixed use projects.

B. Application requirements. In addition to the information required for a Conditional Use Permit application, the City may require a Phase I Environmental Assessment for the site, including whether lead based paint or asbestos hazards are present. If hazards are determined to be present, a Phase II Environmental Assessment may be required.

C. Limitations on use. The nonresidential component of a live/work project shall only be a use allowed within the applicable zone. A live/work unit shall not be established or used in conjunction with any of the following activities:

1. Adult-oriented businesses;

2. Vehicle maintenance or repair;

3. Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use;

4. Welding, machining, or any open flame work; and

5. Any other activity or use, as determined by the Director, to not be compatible with residential activities or to have the possibility of affecting the health or safety of live/work residents.

D. Occupancy requirement. The residential space within a live/work unit shall be occupied by at least one individual employed in the business conducted within the live/work unit.

E. Design standards.

1. Floor area requirements. The floor area of the work space shall be at least 30 percent of the total floor area. All floor area other than that reserved for living space shall be reserved and regularly used for working space.

2. Separation and access. Each live/work unit shall be separated from other live/work units or other uses in the structure. Access to each live/work unit shall be provided from a public street, or common access areas, corridors, or halls. The access to each unit shall be clearly separate from other live/work units or other uses within the structure.
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3. Facilities for commercial or industrial activities, location. A live/work unit shall be designed to accommodate commercial or industrial uses as evidenced by the provision of flooring, interior storage, ventilation, and other physical improvements of the type commonly found in exclusively commercial or industrial facilities used for the same work activity. The ground floor of a live/work unit shall be used only for non-residential purposes.

4. Integration of living and working space. Areas within a live/work unit designated as living space shall be an integral part of the live/work unit. The living space shall be accessed only by an interior connection from the work space, and shall have no exterior access except as required by the Building Code or Fire Code.

5. Mixed occupancy structures. If a structure contains mixed occupancies of live/work units and other nonresidential uses, occupancies other than live/work shall meet all applicable requirements for those uses, and proper occupancy separations shall be provided between the live/work units and other occupancies, as determined by the Building Official.

6. Parking. Each live/work unit shall be provided with at least two off-street parking spaces. The City may modify this requirement for the use of existing structures with limited parking.

F. Operating requirements.

1. Sale or rental of portions of unit. No portion of a live/work unit may be separately rented or sold as a commercial or industrial space for any person not living in the premises or as a residential space for any person not working in the same unit.

2. Notice to occupants. The owner or developer of any structure containing live/work units shall provide written notice to all live/work occupants and users that the surrounding area may be subject to levels of dust, fumes, noise, or other effects associated with commercial and industrial uses at higher levels than would be expected in more typical residential areas. State and Federal health regulations notwithstanding, noise and other standards shall be those applicable to commercial or industrial properties in the applicable zone.

3. On-premises sales. On-premises sales of goods is limited to those produced within the live/work unit; provided, the retail sales activity shall be incidental to the primary 108
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production work within the unit. These provisions shall allow occasional open studio programs and gallery shows.

4. Nonresident employees. Up to two persons who do not reside in the live/work unit may work in the unit, unless this employment is prohibited or limited by the Use Permit.

The employment of three or more persons who do not reside in the live/work unit may be allowed, subject to Use Permit approval, based on an additional finding that the employment will not adversely affect parking and traffic conditions in the immediate vicinity.

5. Client and customer visits. Client and customer visits to live/work units are allowed subject to any applicable conditions of the Use Permit to ensure compatibility with adjacent commercial or industrial uses, or adjacent residentially-zoned areas.

G. Changes in use. After approval, a live/work unit shall not be converted to either entirely residential use or entirely business use unless authorized through Use Permit approval. No live/work unit shall be changed to exclusively residential use in any structure where residential use is not allowed, where two or more residential units already exist, or where the conversion would produce more than two attached residential units.

H. Required findings. The approval of a Conditional Use Permit for a live/work unit shall require that the City first make all of the following findings, in addition to those findings required for Conditional Use Permit approval by Section 17.68 of the Zoning Ordinance:

1. The proposed use of each live/work unit is a bona fide commercial or industrial activity consistent with this section;

2. The establishment of live/work units will not conflict with nor inhibit commercial or industrial uses in the area where the project is proposed;

3. The structure containing live/work units and each live/work unit within the structure has been designed to ensure that they will function predominantly as work spaces with incidental residential accommodations meeting basic habitability requirements in compliance with applicable regulations; and

4. Any changes proposed to the exterior appearance of the structure will be compatible with adjacent commercial or industrial uses where all adjacent land is zoned for commercial or industrial uses.
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(Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.096 Accessory Dwelling Units.

Accessory dwelling units shall be subject to the requirements of Section 17.56.060 of the Zoning Ordinance.

17.42.097 Adult Entertainment Establishments.

Adult Entertainment Establishments shall be subject to the requirements of Section 17.86 of the Zoning Ordinance.
(Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.098 Medical Marijuana Dispensaries, Cooperatives and Cultivation.

Medical Marijuana Dispensaries, Cooperatives and Cultivation shall be subject to the requirements of Section 17.97 of the Zoning Ordinance.
(Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.100 Specific to Parking.

17.42.101 Applicability.

A. Parking within the Form Based Code Area shall be subject to the requirements of Section 17.52 of the Zoning Ordinance, with the following exception:

1. Required parking spaces may be reduced by up to 20 percent maximum, as approved by the Director, for any use located within 300 feet of a bus stop or other transit stop.
(Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.110 Landscaping, Fencing and Screening.

17.42.111 Applicability.

A. This Section establishes requirements for landscaping to enhance the appearance of development projects, reduce heat and glare, control soil erosion, conserve water, screen potentially incompatible land uses, preserve the integrity of neighborhoods, improve air quality, and improve pedestrian and vehicular traffic and safety. 110
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B. The provisions of this Section apply as follows:

1. New Projects. Each new nonresidential and multifamily residential project shall provide landscaping in compliance with this Chapter.

2. Existing Development. The approval of a permit for physical alterations and/or a change in use within an existing development may include conditions of approval requiring compliance with specific landscaping and irrigation requirements of this Chapter.

3. Timing of Installation. Required landscape and irrigation improvements shall be installed before final building inspection. The installation of landscaping for a residential project may be deferred for a maximum of 90 days.

4. Alternatives to Requirements. The City may modify the standards of this Section to accommodate alternatives to required landscape materials or methods, where the City first determines that the proposed alternative will be equally or more effective in achieving the purposes of this Chapter.
(Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.112 Landscape and Irrigation Plans.

A. Landscape Plan. A landscape plan shall be submitted as part of each application for new development, or the significant expansion (e.g., 25 percent or more of floor area), or redevelopment of an existing use, as determined by the Director. After review of the landscape plan by the Director and any required revisions, the landscape plan will be considered final. A final landscape plan shall be approved by the Director before the start of grading or other construction, and before the issuance of a Building Permit.

B. Content and Preparation.

1. Required Information. Landscape plans shall contain the information required for landscape plans by the Department. However, at a minimum, these plans shall include the following information:
a. Landscape Plans. Landscape plans shall include the locations of proposed materials, including the identification of groundcovers, shrubs, and trees. Detailed drawings and specifications shall clearly identify the name, size, and precise location of all materials, as well as the precise location and technical description of the irrigation system and its individual components.
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2. Preparation by Qualified Professional. Each landscape plan submitted shall be prepared by a California licensed landscape architect, licensed landscape contractor, certified nurseryman, or other professional determined by the Director to be qualified.

C. Review and Approval. After initial application, the Director shall review each landscape plan to verify its compliance with the provisions of this Chapter. The Director's decision may be appealed to the Planning Commission and the Planning Commission may approve the final submittal, or may deny or require changes to a submittal if it is not in compliance.

D. Statement of Surety. When required by the Director, security in the form of cash, performance bond, letter of credit, or instrument of credit, in an amount equal to 150 percent of the total value of all plant materials, irrigation, installation, and maintenance shall be posted with the city for a two-year period. The Director may require statements of surety for phased development, a legitimate delay in landscape installation due to seasonal requirements and similar circumstances where it may not be advisable or desirable to install all approved landscaping before occupancy of the site.

E. Changes to Approved Landscape Plans. The Director may authorize minor changes to an approved landscape plan.
(Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.113 Required Landscaping.

A. Required landscape areas identified below shall be landscaped and maintained in compliance with requirements of this section.

Table 17.42.E Required Landscaping Components
Transect Zones Landscaping Components
Street Trees Frontage
Landscaping Parking Area
Landscaping Automatic
Irrigation
All zones ✓ ✓ ✓ ✓
(Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)
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17.42.114 Landscaping Standards.

A. Minimum dimensions. Each area of landscaping shall have a minimum interior width of six feet within the residential and commercial zones, and five feet in the industrial zones. These dimensions may be reduced where the Review Authority determines they are infeasible because of limited site area. Wherever this Zoning Code requires a landscaped area of a specified width, the width shall be measured within any curb or wall bordering the landscaping area.

B. Protective curbing. Required landscaping shall be protected with a minimum sixinch high concrete curb, except adjacent to bicycle paths, or where otherwise deemed unnecessary by the Director.

C. Safety requirements. Landscape materials and screening shall be located so that at maturity they do not:

1. Interfere with safe sight distances for bicycle, pedestrian, or vehicular traffic;

2. Conflict with overhead lights, traffic control signage, utility lines, or walkway lights; or

3. Block bicycle or pedestrian ways.

D. Use of lawns or turf. Lawns or turf shall be limited to 20 percent of the total landscaped area on the site and only where the applicant provides calculations approved by the Qualified Professional preparing the landscape plan that demonstrate that the irrigation requirements will not exceed standard low water usage.

E. Water features. Decorative water features (e.g., fountains, ponds, waterfalls) shall have recirculating water systems.

F. Maximum amount of single dwelling paving allowed.

1. Paving shall be limited to no more than 50 percent of the front or street side setback areas in order to limit the amount of hardscape paving in these areas; except that the review authority may reduce this requirement where it determines that an irregularly shaped or small lot lacks sufficient area for adequate driveway and pedestrian access.

2. Increases in the maximum amount of allowable hardscape paving may be approved by the Director if necessary to provide safe ingress and egress for the site.

3. No parking shall be allowed in the landscaped areas. 113
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4. Single dwelling front and street side setback areas shall only be used for the temporary parking of motor vehicles. Storage of vehicles in these areas shall not be allowed.

5. No vehicles shall be parked in the front and/or street side setback areas other than on a paved driveway.
(Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.115 Parking Lot Landscaping Standards.

A. Installation and maintenance of shade trees and landscaping. Parking lots shall be improved and permanently maintained by the property owner in accordance with the following standards.

1. Amount of landscaping. The Review Authority may grant an exception for small infill parking lots (particularly in the Transect zones) where compliance with these standards is not feasible without significantly reducing the development potential of the zone it is located within.

B. Location of landscaping. Landscaping shall be evenly dispersed throughout the parking area, as follows:

1. Orchard-style planting (the placement of trees in uniformly-spaced rows) is required for parking areas over 15 cars.

2. Parking lots with more than 50 spaces shall provide a concentration of landscape elements at primary entrances, including, at a minimum, specimen trees, flowering plants, enhanced paving, and project identification.

3. Landscaping shall be located so that pedestrians are not required to cross unpaved landscaped areas to reach building entrances from parked cars. This shall be achieved through proper orientation of the landscaped fingers and islands, and by providing pedestrian access through landscaped areas that would otherwise block direct pedestrian routes.

Table 17.42.F. Required Interior Parking Lot Landscaping Number of Parking Spaces Percent of Gross Parking Area in Landscaping 6 or fewer 0%
7 to 15 4%
16 to 30 8%
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31 to 70 12%
71 and over 16%
Table 17.42.G. Tree Requirements for Parking Lot Landscaping Landscaping Component Description
Amount 1 tree per 5 parking spaces
Can Size 15 gallon
Box Size 20% must be 24-inch
Caliper 1" minimum
Minimum Height at Installation 6-8 feet
Minimum Mature Canopy 40 feet
Characteristics High branching, broad headed, shading form Installation Root barriers and deep root irrigation
Location Along the line between or at the back of parking bays. At both ends of a line of parking spaces. Evenly spaced to provide uniform shade.

Required Border 6-inch high curb or equivalent
Border and Stormwater Curbs shall provide breaks every 4 inches to provide drainage to retention and filtration areas.

Minimum Tree Well Width 5 feet
Car Overhangs Must be prevented by stops
Notes: Any vehicle overhang shall require the minimum planter area width to be expanded by an equivalent dimension
C. Parking lot screening. All parking areas shall be screened from streets and adjoining properties, and the open areas between the property line and the public street right-of-way shall be landscaped.

1. Adjacent to streets.
b. A parking area for a non-residential use adjoining a public street shall be designed to provide a landscaped planting strip between the street right-of-way and parking area equal in depth to the setback required by the applicable zone or 10 feet, whichever is greater; except that the required width of the landscape strip may be reduced by the Review Authority where it determines that overall site area is insufficient to 115
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accommodate allowable structures and required parking along with a landscape strip of the otherwise required width.
c. A parking area for a residential use, except for a single family dwelling, shall be designed to provide a landscaped planting strip between the street right-of-way and parking area equal in depth to the setback required by the applicable zone. d. Landscaping shall be designed and maintained to screen cars from view from the street to a minimum height of 36 inches, but shall not exceed any applicable height limit for landscaping within a setback.
e. Screening materials may include a combination of plant materials, berms, raised planters, decorative masonry walls, or other screening devices that meet the intent of this requirement.
f. Shade trees shall be provided at a minimum rate of one for every 25 linear feet of landscaped area, or other spacing as determined by the Review Authority to be appropriate to the site and surrounding development.

2. Adjacent to side or rear property lines. Parking areas for non-residential uses shall provide a perimeter landscape strip at least five feet wide (inside dimension) where the parking area adjoins a side or rear property line. The required width of the landscape strip may be reduced by the review authority where it first determines that certain factors would justify the reduction (e.g., the overall site area is insufficient to accommodate the allowable structures and required parking along with a landscape strip of the otherwise required width or that the otherwise required width would be inconsistent with the existing development patterns on adjacent properties). The requirement for a landscape strip may be satisfied by a setback or buffer area that is otherwise required. Trees shall be provided at the rate of one for each 25 linear feet of landscaped area, or other spacing as determined by the review authority to be appropriate to the site and surrounding development.

3. Adjacent to structures. When a parking area is located adjacent to a nonresidential structure, a minimum five-foot wide (inside dimension) landscape strip shall be provided adjacent to the structure, exclusive of any building entries, or areas immediately adjacent to the wall of the structure that serve as pedestrian accessways. The required width of the landscape strip may be reduced by the review authority where it first determines that certain factors would justify the reduction (e.g., the overall site area 116
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is insufficient to accommodate the allowable structures and required parking along with a landscape strip of the otherwise required width or that the otherwise required width would be inconsistent with the existing development patterns on adjacent properties).

4. Adjacent to residential use. A non-residential parking area abutting a residential use shall provide a landscaped buffer setback with a minimum of 10-foot between the parking area and the property line of the residential use; provided that the review authority may reduce this requirement where it determines that site area is severely constrained.
a. A seven-foot high solid decorative masonry wall or fence, except for approved pedestrian access, and landscape buffer shall be provided along the property line to address land use compatibility issues (e.g., light/glare and nuisance noise) as determined by the review authority.
b. Trees shall be provided at the rate of one for each 25 linear feet of landscaped area, or other spacing as determined by the review authority to be appropriate to the site and surrounding development.
(Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.116 Maintenance of Landscaped Areas.

A. A landscaped area provided in compliance with this Section shall be planted with live and healthy plant materials suitable for screening or ornamenting the site, whichever is appropriate.

B. Plant materials shall be replaced as needed to screen or ornament the site.

C. Landscaped areas shall be watered, weeded, pruned, sprayed or otherwise maintained to assure compliance with the regulations requiring landscaped areas. (Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.117 Fences and Screening.

A. Applicability. The requirements of this Section apply to all fences and walls unless otherwise stated.

1. Fences or wall in flood hazard area. A fence or wall in an area subject to flooding identified on a Federal Flood Insurance Rate Map (FIRM) shall require a building 117
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permit, and shall comply with all requirements of the City Engineer in addition to the requirements of this Section.

2. Exemptions. These regulations do not apply to fences or walls required by regulations of a State or Federal agency, or by the City for reasons of public safety.

B. Height limits.

1. Each fence or wall shall comply with the height limits shown in Table 17.42.G.

Table 17.42.G: Maximum Height of Fences or Walls
Location of Fence or Wall Maximum Height
Within front or street side setback 36"
Within interior side or rear setback 7'1"
Outside of a required setback 7'1"
Notes: No less than 7' is required in Industrial Zones
C. Measurement of fence and wall height. Fence height shall be measured as the vertical distance between the finished grade at the base of the fence and the top edge of the fence material.

D. Specific fence and wall requirements.

1. Fencing between different land uses. Fencing between different land uses shall be provided in compliance with Subsection F. (Screening).

2. Outdoor equipment, storage, and work areas. Nonresidential outdoor uses and equipment adjacent to a residential use shall be fenced and/or screened in compliance with Subsection F (Screening).

3. Swimming pools, spas, and similar features. Swimming pools/spas and other similar water features shall be fenced in compliance with Uniform Building Code (UBC) requirements, regardless of the other requirements of this Section.

4. Temporary fencing. Temporary fencing may be necessary to protect archaeological or historic resources, trees, or other similar sensitive features during site preparation and construction. This fencing shall be approved by the Director.

E. Prohibited materials. The following fencing materials are prohibited in all zones except where they are required by a State or Federal law or regulation, and except as noted.
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1. Razor or concertina wire in conjunction with a fence or wall, or by itself, and chain link fencing within a front or street side setback; and

2. Barbed wire, or electrified fence; except where approved by the Director for animal control.

F. Screening. This Subsection establishes standards for the screening and separation of adjoining land uses, and equipment and outdoor storage areas.

1. Landscaping Recommended. Uses proposed in Transect Zones are encouraged to provide landscaping within interior side and/or rear setbacks when adjacent to other residential uses.
(Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.120 Specific to Signage.

17.42.121 Applicability.

A. These sign regulations apply to all signs within the Transect Zones, except directional/instructional signs and real estate signs, which shall instead comply with Zoning Code Requirements.

B. The provisions of this Section do not regulate the message content of a sign (sign copy), regardless of whether the message content is commercial or non-commercial.

C. Sign installation within Transect Zones shall require sign permit approval in compliance with this Code and per Zoning Code Requirements.

D. The following signs are exempt from regulation under this Chapter:

1. A public notice or warning required by a federal, state, or local law, regulation, or ordinance.

2. Public signage within the right-of-way including:
a. Public signs erected by or on behalf of a governmental agency to convey public information, identify public property, post legal notices, or direct or regulate pedestrian or vehicular traffic;
b. Bus stop signs installed by a public transit company; c. Informational signs of a public utility regarding its lines, pipes, poles or other facilities; or
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d. Emergency warning signs erected by a governmental agency, a public utility company, or a contractor doing authorized work within the public right-of-way.

3. A nonelectrical nameplate, displaying only the name and/or address of the occupant, and which is one square foot or less.

4. A traffic control or directional sign on private property which does not exceed four square feet.

5. A clock, thermometer, barbershop pole, or similar device where not part of a permanent sign.

6. A flag of any nation, state or city if displayed in a manner conforming to the Flag Code (36 USCA, Section 173 et seq.).

7. A display behind a shop front window.

8. A sculpture, statue, relief, mosaic or mural which is a work of art or otherwise decorative and does not contain a commercial message or symbol.

9. A property address number consisting of numerals or letters 12 inches or less in height.
(Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.122 Allowed Signs.

Each proposed commercial sign shall be designed per the regulations for the sign type established in this Section. Table 17.42.H describes the types of signs allowed by transect.

Table 17.42.I includes descriptions and standards for all allowed signs.

Table 17.42.H Allowed Commercial Sign Types by Transect Sign Type FBC 1 FBC 2 FBC 3
Yard Sign P D —
Window Sign P P P
Wall Sign P P P
Wall Mural Sign D D D
Blade Sign P P P
Sidewalk Sign — D D
Awning Sign P P P
Marquee Sign — — P
P= Permitted by Right D= Allowed by Director Approval
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— = Not Permitted
(Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.123 Prohibited Signs.

All sign types not expressly allowed by this Section, particularly those listed below, shall be prohibited:

A. Signs that mimic a regulatory sign.

B. Signs attached to or suspended from a vehicle or other moveable object that is parked within a public right-of-way, or located on private property so that it is visible from a public right-of-way; except a sign painted directly upon, magnetically affixed to, or permanently affixed to the body or other integral part of a vehicle.

C. A sign that includes noise-making devices.

D. A billboard or roof sign.

E. The following are prohibited within FBC 3: inflatable blow-up signs, signs held by persons, mechanical signs, costumes worn by persons intended for commercial purposes, and similar signs.
(Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.124 Sign Area and Height Measurement.

A. The area of a sign shall be measured by enclosing the shape in the simplest regularly shaped geometric figure, such as a circle, triangle, diamond, square, rectangle, or other figure having not more than six sides. Where one or more messages consist of letters, panels, or symbols attached to a surface, then the sign area shall be the sum of the areas of each message. The area of a sphere shall be computed as 50 percent of its surface.

B. The area of a multi-sided sign shall be the total of each exposed sign face, except where signs are parallel back-to-back and attached to opposite sides of a supporting structure. The area of a motor fuel price sign shall be the total of each exposed face, regardless of the orientation of each face.

C. The overall height and clear height of a sign shall be measured from the top of the curb of the nearest street.
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Table 17.42.1. Allowed Signs
Description
Yard signs are signs mounted on a porch or in a yard between the public ROW and the building facade. Yard signs mounted on a porch are placed parallel to the building's facade. Yard signs mounted in a yard are placed parallel or perpendicular to the ROW.

Size
Width 36" max.

Height 36" max.

Location
Clear Height
Mounted on Porch 6'8' min.

Mounted in Yard 12" min.

Overall Height 5' max
Signs per Building
Mounted on Porch 1 max.

Mounted in Yard 1 max.

Miscellaneous
Yard signs may not be located within a public ROW.

Yard mounted signs shall be parallel or perpendicular to the ROW.

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Yard Sign in front of a cottage located parallel to the ROW.

Yard Sign mounted on porch.

Yard sign mounted perpendicular to the ROW in a residential neighborhood.

Description
Window signs are professionally painted consisting of individual letters and designs, gold leaf individual letters and designs, applied directly on the inside of a window. Window signs offer a high level of craftsmanship and visibility, and are often used for small professional offices. Window signs are often repeated on storefronts with several divided openings, however, repetition should be done with great care to ensure that the entrance to the business is clearly marked.

Size
Sign Area
Per Shopfront Bay 25% max.

Per Shopfront 15% max.

Width 5' max.
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Height 36" max.

Location
Window signs shall be placed at or above eye level.

Window signs shall be applied directly to the inside of the glass.

Miscellaneous
Applied plastic or vinyl cut letters are discouraged.

Window signs must have a clear background.

Window sign examples
Description
Wall signs are signs flat against the facade consisting of individual cut letters applied directly to the building, or painted directly on the surface of the building. Wall signs are placed directly above the main entrance and often run horizontally along the "expression line" or entablature of traditional buildings. Other buildings may have signage locations integrated into a decorative cornice or sign band at the top of the building, as some of the photographs illustrate. Wall signs do not protrude beyond the roof line or cornice of a building. Wall signs are typically intended to be seen from a distance and are often accompanied by additional pedestrian-scaled signage.

Size
Signable Area
Area 1 square foot per linear foot of shopfront, max.
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Width Storefront width, max.

Height 12" min.; 5' max.

Lettering
Width 75% of signable width, max.

Height 75% of signable height, max.; 36" max.

Location
Projection from Facade 8" max.

Signs per Building 1 per shopfront max.

Wall sign located in entablature frieze.

Painted wall sign with neon lettering.

Metal wall sign.
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Raised wall sign.

Painted wall sign applied to facade.

Metal wall sign, offset from building facade.

Description
Wall mural signs are flat against the facade and are located on a secondary facade, typically along a side street, alley, or paseo. These signs are typically painted directly on the building and contain a combination of text and graphic elements. These signs are intended to be visible from a greater distance and must be accompanied by additional signage on the primary facade at the business entrance. Wall Mural signs that provide off-site signage for a business or do not provide signage for a specific business (artistic wall mural) are subject to approval by the Architectural Design Review Committee.

Billboards are not considered wall mural signs and are prohibited within Transect Zones.

Size
Sign Area 1000 sf max.

Width 200' max.

Height 50' max.
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Location
Height above Ground 3' min.

Projection 8" max.

Signs per Building 1 max.

Painted wall murals
Description
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Blade signs mount perpendicular to a building's facade. They are typically hung from decorative cast or wrought iron brackets in a manner that permits them to swing slightly.

These signs are small, pedestrian-scaled, and easily read from both sides. Often, a projecting sign offers the opportunity for a more creative or "playful" sign. Blade signs should be hung well out of reach of pedestrians and all exposed edges of the sign should be finished.

Size
Sign Area 6 sf max.

Width 48" max.

Height 36" max.

Thickness 4" max.1
1 Special and creative signs that have a three dimensional quality may have a greater thickness subject to approval by the review authority.

Location
Clear Height 8' min.

Projection 5' max.

Signs per Building 1 per storefront max.

Examples of blade signs.

Examples of streetscapes with blade signs.

Description
Sidewalk signs provide secondary signage and may be used to announce daily specials, sales, or point to shops off the sidewalk (i.e. a shop located along a paseo). They may be painted wood panels or cut wood shapes. Traditional slate boards are highly recommended. Chaser lights or illuminated signs may not be used.

Size
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Sign Area 6 sf max.

Width 30" max.

Height 42" max.

Location
Signs per Building 1 per storefront max.

Sidewalk signs must not interfere with pedestrian travel or encroach upon the required accessible path.

Sidewalk signs may only be displayed during business hours and must be removed when the business is closed.

Wood and slate sidewalk sign.

Ornamental wood stand and slate sign.

Painted wood sidewalk sign.
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Painted sidewalk sign.

Sidewalk sign complements primary signage.

Sidewalk sign located to maintain accessible route.

Slate sidewalk sign located on corner of intersection.
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Description
Awnings are a traditional storefront fitting and can be used to protect merchants' wares and keep storefront interiors shaded and cool in hot weather. Retail tenant signs may be painted, screen printed, or appliquéed on the awnings.

Size
Projecting
Sign Area 1 square foot per linear foot of shopfront, max.

Lettering Height 16" max.

Lettering Thickness 6" max.

Sloping Plane
Sign Area 25% coverage max.

Lettering Height 18" max.

Valance
Sign Area 75% coverage max.

Width Storefront width, max.

Height 8" min.; 16" max.

Lettering Height 8" max.

Location
Clear Height 8' min.

Signs per Awning 1 projecting; or 1 valance and 1 sloping plane max.

Miscellaneous
Only the tenant's store name, logo, and/or address should be applied to the awning.

Additional information is prohibited.

Open-ended awnings are strongly encouraged.

Vinyl or plastic awnings are strongly discouraged.

Awning with valance and sloping pane signage.
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Awning with decorative supports and open end.

Retractable awning.

Projecting signage on a metal awning.

Sloping panel signage on awning.
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Series of awnings along a frontage.

Description
Marquee signs are vertical signs that are located either along the face where they project perpendicular to the facade; or at the corner of the building where they project at 45 degree angle. Marquee signs often extend beyond the parapet of the building, but may also terminate below the cornice or eave. Marquee signs often have neon lettering used in conjunction with painted lettering.

Size
Width 6 max.

Height 24" max.

Lettering Width 75% of sign width max.

Location
Clear Height 12' min.

Extension 10' max.1
Signs per Building 1 max.
1 Marquee signs may not extend beyond the eave of a pitched roof Miscellaneous
Neon lettering may only be used in conjunction with painted lettering; signs consisting only of neon lettering are not permitted.

This signage type should be used sparingly and should not be repeated along a frontage.

Marquee sign combining text and graphics.
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Marquee sign.

Marquee sign projecting above parapet.

Marquee sign at corner terminating at eave.

Lit marquee sign; neon lettering used in conjunction with painted lettering. (Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.125 Sign Location Requirements.

A. Each sign shall be located on the same site as the subject of the sign, except for roof and alley/passage signs used for off-premise signage in a location approved by the Director per the requirements of this Code.

B. Each sign shall comply with the allowed encroachments of the transect zone in which the sign is located.

C. No sign shall be placed so as to interfere with the operation of a door or window.

D. No sign shall be placed so that they cover prominent architectural features of the building.

E. Any sign installed or placed within the public right-of-way other than in compliance with this Section may be forfeited to the public and be subject to confiscation. (Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.126 Sign Design.
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The following criteria shall be used in reviewing the design of individual signs.

Compliance with each of the following design criteria shall be required before a sign permit can be approved.

A. Colors on signs and structural members should be harmonious with one another and relate to the dominant colors of the buildings on the site. Contrasting colors may be utilized if the overall effect of the sign is still compatible with the building colors.

B. The design and construction of signs shall adhere to the following criteria:

1. Except for sidewalk signs, banners, flags, temporary signs, and temporary window signs conforming with the requirements of this Code, each sign shall be constructed of permanent materials and shall be permanently attached to the ground, building or another structure by direct attachment to a rigid wall, frame, or structure.

2. Each permanent sign shall be designed by a professional (e.g. architect, building designer, landscape architect, interior designer, or others whose principal business is the design, manufacture, or sale of signs), or who are capable of producing professional results.

3. Each permanent sign shall be constructed by persons whose principal business is building construction or a related trade including sign manufacturing and installation, or others capable of producing professional results. The intent is to ensure public safety, achieve signs of careful construction, have neat and readable copy, and have durability, to reduce maintenance and prevent dilapidation.

4. Vinyl banner signs may not be used as permanent signage.

C. The materials and structure of signs shall adhere to the following criteria:

1. Sign materials (including framing and supports) shall be representative of the type and scale of materials used on the site where the sign is located. Sign materials shall match those used on the buildings on the site and any other signs on the site.

2. No sign shall include reflective material.

3. Materials for permanent signs shall be durable and capable of withstanding weathering over the life of the sign with reasonable maintenance.

4. The size of the structural members (e.g. columns, crossbeams, and braces) shall be proportional to the sign panel they are supporting.

5. The use of individual letters incorporated into the building design is encouraged, rather than a sign with background and framing other than the structure of the wall. 135
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D. The City does not regulate the message content (copy) of signs; however, the following are principles of copy design and layout that can enhance the readability and attractiveness of signs. Copy design and layout consistent with these principles is encouraged, but not required.

1. Sign copy should relate only to the name and/or nature of the business or building.

2. Permanent signs that advertise information such as continuous sales, special prices, or include phone numbers should be avoided. Information should be conveyed briefly or by logo, symbol or other graphic manner. The intent should be to increase the readability of the sign and thereby enhance the identity of the business.

3. Sign lighting shall be designed to minimize light and glare on surrounding rightsof-way and properties and adhere to the following criteria:
a. External light sources shall be directed and shielded so that they do not produce glare off the site, or on any object other than the sign. b. Signs that blink, flash, flutter, or change light intensity, brightness, or color are not allowed.
c. Neither the direct nor reflected light from primary light sources shall create hazards for pedestrians or operators of motor vehicles. d. For energy conservation, light sources shall be hard-wired fluorescent or compact fluorescent lamps, or other lighting technology that is of equal or greater energy efficiency. Incandescent lamps are prohibited.
(Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.127 Temporary Signs.

Temporary Signs, such as banners or posters placed along a commercial frontage or displayed within a shopfront are allowed provided they are in compliance with the following design criteria:

A. Temporary signs may only be used to announce an upcoming or occurring event/sale and must be removed upon the conclusion of the event.

B. Temporary banners may be displayed for a maximum of 30 days.

C. Temporary posters may be displayed for a maximum of 60 days.

D. The combined area of any signage within a shopfront (temporary and permanent) may not exceed 20% of total shopfront area.
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E. A Temporary banner placed within the public ROW must provide a minimum clear height of eight feet.

F. Temporary signage must be in clean and good repair.

G. Political campaign signs must comply with Municipal Code 17.56.040.B.8. (Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.130 Swedish Village Standards and Guidelines.

17.42.131 Applicability.

A. The following architectural standards and guidelines achieve the architectural theme of a "Swedish Village" for the Downtown Form Based Code area. Rather than providing a strict set of standards that preclude innovation and creativity in achieving the Swedish Village concept, these standards and guidelines establish parameters by which the Architectural Design Review Committee can judge the acceptability of a given proposal with respect to the Swedish Village Concept. Design review provisions of this Section shall apply to any permitted or conditional use that requires Planning Commission review other than single-family dwellings or multiple-family dwellings of no more than two units. There shall be no exceptions to such application except as may be granted for historic structures designated by resolution of the City Council.

B. Exemptions. Structures designated as historic shall be exempt from these standards and guidelines. Exemptions shall be made for all structures which have been officially designated on the National Register of Historic Places or which are designated as a Registered Historical Landmark by the State of California. Exemptions may also be designated by the City Council upon the advice of the Kingsburg Historical Society. The City Council shall maintain a Master List of Historic Structures exempt from these standards and guidelines. For purposes of City designations, only structures which meet the criteria below will be eligible for consideration by the City Council:

1. A structure may be designated a Local Architectural Landmark if it is a prototype or an outstanding example of a period, style, architectural movement or method of construction, or if it is a notable work or the best surviving work of a pioneer architect, designer or master builder.
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2. An architectural landmark generally will be considered only on its original site if its significance is basically derived from its design relationship to its site.

3. A reconstructed or extensively rehabilitated building generally will not be considered unless no other authentic structure of its type survives within the community.

4. Local Architectural Landmarks achieving recognition since 1940 will be considered only if they possess exceptional design merit of transcendent significance.

5. The site must be visibly accessible to the public.

6. Only the exterior walls, roof and other exterior features of a structure shall be subject to the application of these criteria. Interiors may be modified as necessary to accommodate approved uses or changes.
(Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.132 Purpose and Organization.

Standards and guidelines contained in Table 17.42.J provide guidance with regards to architectural character, quality, and aesthetics and are summarized as follows:

A. General to Swedish Village Design. These guidelines describe different approaches to Swedish architectural expression that applicants may utilize and establish a range of acceptable precedents appropriate to the Swedish Village.

B. General Massing and Roofs. These standards and guidelines describe different techniques for building massing, including approaches to bases and foundations, wall treatments, and roof forms and orientations.

C. Openings (Windows and Doors). These standards and guidelines describe different approaches to facade composition, and appropriate placement, proportion, and treatments for windows, doors, and storefronts.

D. Exterior Elements. These standards and guidelines describe different approaches to important exterior elements, including balconies, awnings, light fixtures, and planter boxes.

E. Colors and Materials. These standards and guidelines describe the range of exterior colors and materials that are appropriate and acceptable.

Table 17.42.J Swedish Village Standards and Guidelines
Swedish Village Style
General to Swedish Village Design
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General

1. New construction and exterior remodeling within the Village Area shall conform to the traditional and historic theme of 18th and 19th Century Sweden, with emphasis on the use of wood or wood in combination with brick, stone or stucco masonry, in the design of exterior walls.

2. The Swedish Village style in Kingsburg draws from a variety of factors and influences:
a. Historic wood-framed structures of 18th and 19th century Swedish towns; b. Similar wood-framed buildings of the late 19th century Victorian and Edwardian styles as found in California;
c. The American Arts and Crafts tradition as it is expressed in early 20th century towns in the Central Valley;
d. The "Storybook" or Tudor styles of the early 20th century.

Essential Characteristics

1. Simple, 1.5 to 2.5-story massing, with steeply-pitched roofs utilizing dormers and gable ends;

2. The use of half-timbered elements, including gable ends, dormers, and second stories, that achieve an authentic appearance and pattern of historic Swedish architecture;

3. Well-composed facades utilizing vertically-proportioned windows and doors, and storefronts with divided lights; and

4. Integrated design elements that evoke traditional Sweden, including shutters, awnings, light fixtures, gates, and flower boxes.

General Massing and Roofs
General Massing
Swedish design should utilize 1.5 to 2.5 story massing with steeply pitched roofs that incorporate gable ends and dormers.

General Massing and Roofs (continued)
Roofs
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1. Roofs are typically pitched, with some gabled or hipped, with roof slopes ranging from 10 in 12 to 16 in 12.

2. Renovated and existing commercial buildings may have low-sloped or flat roofs.

3. Flat roofs shall provide a parapet to conceal flat roof areas.

4. Mansard roofs may be utilized to simulate second stories on existing flat-roofed structures. Where the side elevation is exposed, the mansard roof shall either turn the corner or articulate a gable end.

5. Skylights shall be flat (non-bubble) unless concealed behind a parapet.

Roof-Wall Connections

1. Eaves typically utilize exposed rafter tails or the use of decorative brackets.

2. Roof overhangs shall have a minimum 8" overhang at eave and rake.

General Massing and Roofs (continued)
Primary Walls

1. Primary walls are predominantly clad in stucco, brick, or siding.

2. Exposed wood shall be painted, or stained.

3. Brick mortar joints shall be struck.

4. Stucco shall be smooth and sand finish only.

5. The vertical delineation of wall materials should be used sparingly. Two or more wall materials may be combined on one facade only with the lighter material above the other, more substantial material (e.g. wood above stucco or masonry, or stucco above masonry).

6. Decorative moldings, cornices, or an applied ornament of stone or cast concrete may be used to express the vertical division between the base, the body, and the top.

7. Cantilevers shall be supported by visible brackets scaled as if they were supporting the weight of the mass above.

8. Exterior walls visible from streets and/or public right of ways shall be consistent and integral with the overall theme of the building.

9. Half timbering may be utilized to delineate gable ends, half stories, and second stories.

Half timbering shall be at least 6" nominal dimension.
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Openings
Facade Composition
Simple and regular rhythm of openings.

Windows

1. Windows may be double hung, single hung, or hinged casement. On side and/or rear elevations of mid-block (non-corner) buildings, horizontal slider windows may be utilized.

2. When utilized with stucco or masonry cladding materials, windows shall be framed with a minimum 2.5" brickmould.

3. When utilized with wood cladding materials, windows shall be framed with a minimum 3.5" wood or fiber cement trim.

4. All windows must have a sill. The sill should not be integrated into a "picture frame" surround.

5. Windows are typically vertically- or square-proportioned and multi-paned with exterior true or simulated muntins.

6. Window panes may typically be in a 1-over-1, 6-over-1, 6-over-6, or 6-over-9, divided light pattern.

7. When windows are ganged together, the window frames or a minimum 3" mullion shall frame each individual window.

8. Shutters, when used, shall be sized equal to 1/2 the width of the window and shall be placed as if they were operable.

Doors

1. When utilized with stucco or masonry cladding materials, doors shall be framed with a minimum 2.5" brickmould.

2. When utilized with wood cladding materials, doors shall have a trim surround with a

3.5" minimum wood or fiber cement trim.

3. Panels and windows should be simple and rectilinear.

4. Transom windows are encouraged.
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Openings (continued)
Shopfronts

1. All regulations regarding windows and doors described in this section apply to windows and doors that are a part of a shopfront assembly.

2. Shopfront infill assemblies shall be made of painted or varnished wood, aluminumclad wood, or painted metal.

3. In multistory buildings, there shall be a horizontal band, articulated fascia, and/or entablature to separate the ground level shopfront from the upper floors above. This band may be incorporated into the shopfront design.

4. Porches, galleries, and awnings may be incorporated into shopfront designs.

5. Lighting shall be mounted on the storefront wall, preferably centered on the piers between windows/doors or centered above the windows/doors of the shopfront. In instances where projected shed roofs are used over entries the lighting may be mounted in the shed underside.

6. Shopfront edges should integrate heavier piers or pilasters to visually carry the weight of the building above.

7. See Section 4.20.100 (Shopfront Standards) for additional standards.

8. See Division 4.60 (Signage Standards) for additional standards.

Exterior Elements
Canopies & Awnings

1. The use of canvas awnings over doors and windows is encouraged.

2. See Section 4.20.100 (Shopfront Standards) for additional standards.

Balconies

1. Balconies shall be made of wood or metal, and may be open or covered.

2. Spindles and balusters on balconies shall not exceed six inches on center, or as required by the Building Code, whichever is less.

3. Second floor balconies shall have a minimum height clearance of 10 feet from grade.

4. Second floor balconies should be a minimum of 3' deep.

5. Cantilevered balconies shall be supported by visible brackets scaled as if they were supporting the weight of the mass above.
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Materials and Colors
Materials
Cladding Brick, with struck mortar joints.

Stucco, smooth and sand finish.

Siding in wood, composition board, or fiber-cement board with horizontal shiplap, beaded lap, or beveled profile. Vinyl and/or T-111 siding are not allowed.

Half Timbering Timbering in wood or fiber-cement board. Stucco wall surfaces shall be smooth and sand finish.

Foundations Stone, cast stone, painted concrete, or stucco.

Roofing Wood shake or fiberglass shingles.

Windows Wood, aluminum-clad wood, or metal, with exterior true or simulated true divided lights. Glass should be clear and non-reflective.

Doors Principal doors in factory-painted aluminum, fiberglass, or aluminum-clad wood.

French doors and sliders in wood, aluminum-clad wood, or fiberglass. Vinyl windows are not allowed.

Trim Wood, composition board, fiber-cement board, and molded millwork for built-up sections. PVC trim is not allowed. For soffits and porch ceilings, GWB, plaster, T&G wood, exposed rafters, or composite. Continuous perforated soffit materials and the use of vinyl panel systems are not allowed.

Gutters Half round or ogee-profile metal. PVC is not allowed.

Downspouts Round or rectangular metal. PVC is not allowed.

Brackets Wood or clad wood.

Railings Square balusters, turned spindles in wood or wrought iron. No anodized finishes are permitted.

Colors
Cladding White, off-white, cream, grey-green, grey-blue, grey, light yellow, red, terracotta, or yellow.

Half Timbering Darker than and in contrast with other exterior finishes of building walls.

Roofing Roof shingles are typically dark grey or black. 143
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Windows Sashes and frames in white or off-white; Shutters in black, red, dark grey, or dark green.

Trim White or off-white.

Gutters/Downspouts White, off-white, painted dark green or dark red.

Railings White, off-white, or light grey.

Additional colors conditional upon approval of the Architectural Design Review Committee.

Additional Design Elements

1. Integrated design elements along thoroughfares that evoke traditional Sweden, including shutters, awnings, banners, flags, coat of arms, Dala horses, light fixtures, gates, and flower boxes.

2. Integration of other amenities inside forecourts, civic spaces and open spaces including fountains, gardens, and other garden furniture and elements that evoke traditional Sweden.

3. Integration of decorative pavers that complement existing or planned stone or brick patterns in the public sidewalk.
(Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.140 Roadway Standards.

17.42.141 Applicability.

A. Table 17.42.K describes frontage, planting and lighting components approved for the development of roadways in the Downtown Form Based Code area. Where these standards conflict with the City's adopted "Improvement Standards", the standards of this Section shall prevail.

B. Additional standards can be integrated as they are approved by the City. (Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)
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17.42.142 Public Frontages.

A. General to All Transect Zones.

1. The public frontage contributes to the character of the transect zone, and includes the types of sidewalk, curb, planter, and street trees.

2. Within the public frontages, the prescribed types of public planting and public lighting may be adjusted with the approval of the Director to accommodate specific site conditions.

B. Specific to Transect Zones FBC 1, FBC 2, FBC 3.

1. The introduced landscape shall consist primarily of durable species tolerant of soil compaction.

C. Specific to Transect Zones FBC 1.

1. The public frontage shall include trees planted in a regularly-spaced pattern of single or alternated species with shade canopies of a height that, at maturity, clears at least one story.

D. Specific to Transect Zones FBC 2, FBC 3.

1. The public frontage shall include trees planted in a regularly-spaced pattern of single species with shade canopies of a height that, at maturity, clears at least one story.

At retail frontages, the spacing of the trees may be irregular, to avoid visually obscuring the shopfronts.

Table 17.42.K Roadway Standards
Public Frontage Types
The public frontage is the area between the curb of the vehicular lanes and the Property Line/ROW. Dimensions are provided in Table F (Public Frontage Standards).

Public
Frontage
Type Transect
Zone
(ST) For Street. The For Street Frontage has raised curbs drained by inlets and sidewalks separated from the vehicular lanes by individual or continuous planters. The landscaping consists of street trees of a single or alternating species aligned in a regularly spaced allee.1 All
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FBC
Zones
(DR) For Drive. The For Drive Frontage has raised curbs drained by inlets and a wide sidewalk or paved path along one side, related to a Civic Space. it is separated from the vehicular lanes by individual or continuous planters. The landscaping consists of street trees of a single or alternating species aligned in a regularly spaced allee. All FBC
Zones
(AV) For Avenue. The Avenue Frontage has raised curbs drained by inlets and wide sidewalks separated from the vehicular lanes by a narrow continuous planter with parking on both sides. The landscaping consists of a single tree species aligned in a regularly spaced allee. All
FBC
Zones
(CS) For Commercial Street or Avenue. The For Commercial Street or Avenue Frontage has raised curbs drained by inlets and very wide sidewalks along both sides separated from the vehicular lanes by separate tree wells with grates. The landscaping consists of a single tree species aligned with regular spacing where possible. All FBC
Zones
(RA) For Rear Alley. The Rear Alley Frontage is located to the rear of lots. It consists of a paved surface and ribbon curb at the edges adjacent to property lines or buildings.

Alleys are typically not landscaped. All
FBC
Zones
Public Frontage Standards
This table assembles prescriptions and dimensions for the public frontage elementscurbs, walkways, and planters-relative to specific frontage types within transect zones.

The Assembly row assembles all of the elements for the various frontage types.

Transect Zone All FBC Zones All FBC Zones All FBC Zones FBC 1 146
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Public Frontage Type ST-DR-AV-BV CS-DR-AV-BV CS-DR-AV-BV

ST-DR-AV-BV
Assembly: The principal variables are the type and dimension of curbs, walkways, planters and landscape.

Total Width 12'—16' 12'—19' 12'—30' 10'—17'
Curb: The detailing of the edge of the vehicular pavement, incorporating drainage.

Type Raised Curb Raised Curb Raised Curb Raised Curb
Walkway: The pavement dedicated exclusively to pedestrian activity.

Type Sidewalk Sidewalk Sidewalk Sidewalk
Width 6' min. 7' min. 12' min. 5' min.

Planter: The layer which accommodates street trees and other landscape Arrangement Regular Regular Opportunistic Regular
Species Single/Alternating Single Single Multiple
Type Continuous Planter Continuous Planter Tree Well Continuous Planter Width 5' min. 5' min. 4'—6' (tree wells located within Walkway width) 5' min.

Public Planting
This table shows common street tree types and their appropriateness within the transect zones. The City of Kingsburg Comprehensive Street Tree Planting Guide and Street Tree List provides additional information with regards to locating, spacing, selecting, preparing, and maintaining street trees. The City of Kingsburg Engineering Design and Construction Standards and Specifications for New Construction provides detailed specifications for landscaping along thoroughfares. Trees designated with a (*) should be used sparingly as street trees.

Standards Illustration Recommended Species
All FBC Zones
Tree Shape: Oval
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Placement: Spacing 20'—35' o.c. Chinese Elm, Chinese Pistache, Southern Live Oak, Southern Magnolia, Maidenhair Tree*, Sweet Gum (Fruitless), Golden Rain tree, Japanese Blueberry Tree
All FBC Zones
Tree Shape: Ball
Placement: Spacing 20'—30' o.c. Camphor Tree, Chinese Hackberry, Crape Myrtle, Eastern Redbud, Olive (Fruitless), Sawleaf Zelkova, Valley Oak. Purple-Leaf Plum (Fruitless)*, Interior Live Oak*, American Ash, London Plane, Holly Oak, Sweet Bay Laurel, Chinese Tallow, Strawberry Tree
FBC 1
Tree Shape: Pyramid
Placement: Spacing 25'—35' o.c. Canary Island Pine, Aleppo Pine, Mondell Pine
FBC 1
Tree Shape: Umbrella
Placement: Spacing 20'—30' o.c. Chaste Tree, Cork Oak, Australian Willow, Chinese Fringe Tree, Chinese Scholar Tree
FBC 1
Tree Shape: Vase
Placement: Spacing 25'—35' o.c. Shoestring Acacia
Tree Shape: Palm
Placement: Spacing 20'—30' o.c. Mexican Blue Palm, Mexican Fan Palm, California Fan Palm, Canary Island Date Palm, Texas Sabal Palm, Queen Palm 148
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Public Lighting
Lighting varies in brightness and also in the character of the fixture according to the transect zones. This table shows the types of light poles and fixtures that may be approved by the City of Kingsburg Public Works Department and PG&E assigned to the transect zones. Within these fixture types, the Public Works Department and PG&E must be included in the selection of light poles and light fixtures. Street light fixtures must be equipped with LED lamps.

Transect Zone FBC 1 All FBC Zones FBC 3
Fixture Type Post Column Double Column
Illustration
(Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.150 Specific to Civic Spaces.

17.42.151 Applicability.

The standards established in this Section shall apply to all proposed development within the transect zones. Standards established in this Section may also be used in other zone districts with Director approval.
(Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.152 Civic Spaces.

A. The standards established in this Section provide a diverse palette of parks and other publicly accessible civic spaces that are essential components of walkable urban environments.

B. Table 17.42.K depicts nine different civic space types. Two of the civic space types, Playgrounds and Community Gardens, may be incorporated into any of the other nine types or may stand alone.

C. The illustration and description of each civic space type are illustrative in nature and not regulatory.
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D. The service area, size, frontage and disposition of elements standards of each civic space type are regulatory.

1. Service Area. Describes how the civic space relates to the City as a whole and the area that will be served by the civic space.

2. Size. The overall range of allowed sizes of the civic space.

3. Frontage. The relationship along property lines of a civic space to adjacent buildings or lots.
a. Building. Civic spaces that are listed as having a "Building" frontage shall have the fronts of buildings, either attached to the park or across a thoroughfare, facing on to the civic space for a minimum of three quarters of the perimeter. b. Independent. Civic spaces that are listed as having an "Independent" frontage shall have the fronts of buildings, either attached to the park or across a thoroughfare, facing onto the civic space to the maximum extent possible, but may have the side or rear of a building or lot front onto the civic space.

4. Disposition of Elements. The placement of objects within the civic space. a. Natural. Civic spaces with natural character are designed in a natural manner with no formal arrangement of elements.
b. Formal. Civic spaces with a formal character have a more rigid layout that follows geometric forms and has trees and other elements arranged in formal patterns. c. Informal. Civic spaces with an informal character have a mix of formal and natural characteristics.

E. Typical Facilities. A list of the typical facilities found within the civic space. This list is not intended to be a complete list of facilities allowed nor is it intended that every civic space would contain each of the facilities listed.

Table 17.42.K Civic Space Type Standards
Transect Zone All FBC zones All FBC Zones FBC 1
Civic Space Type Playground Community Garden Community Park Illustration
Description An open space designed and equipped for the recreation of children. A Playground should be fenced and may include an open shelter. Playgrounds may be included within other civic spaces. An open space designed as a grouping of garden plots 150
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that are available to nearby residents for small-scale cultivation. Community Gardens may be included within other civic spaces. An open space available for unstructured recreation and a limited amount of structured recreation.

Location and Size
Location
Service Area Neighborhood Neighborhood Multiple Neighborhoods Size
Minimum - - 12 acres
Maximum - - -
Character
Frontage Independent or Building Independent or Building Independent Disposition of Elements Formal or Informal Formal or Informal Informal Typical Facilities
Accessory Structure, Drinking Fountains, Paths and Trails Accessory Structure, Drinking Fountains, Paths and Trails Passive and Active Recreation, Accessory Structure, Drinking Fountains, Community Facility < 5,000 gsf, Paths and Trails
Transect Zone FBC 1 All FBC Zones All FBC Zones
Civic Space Type Greenway Green Square
Illustration
Description A linear open space that may follow natural corridors providing unstructured and limited amounts of structured recreation. An open space available for unstructured and limited amounts of structured recreation. An open space available for civic purposes, unstructured and limited amounts of structured recreation.

Location and Size
Location
Service Area Multiple Neighborhoods Neighborhood Neighborhood Size
Minimum 8 acres (60' wide by 1 mile long) 1 acre ½ acre Maximum - 15 acres 5 acres
Character
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Frontage Independent or Building Building Building
Disposition of Elements Natural or Informal Informal Formal Typical Facilities
Passive and Active Recreation, Accessory Structure, Drinking Fountains, Community Facility < 5,000 gsf, Paths and Trails Passive and Active (unstructured or structured) Recreation, Accessory Structure, Drinking Fountains, Community Facility < 5,000 gsf, Paths and Trails Passive and Active (unstructured or structured) Recreation, Accessory Structure, Drinking Fountains, Community Facility < 5,000 gsf, Paths and Trails
Transect Zone All FBC Zones All FBC Zones All FBC Zones Civic Space Type Plaza Pocket Plaza Pocket Park
Illustration
Description A formal open space available for civic purposes and commercial activities.

Plazas are typically hardscaped. A formal open space available for civic purposes and commercial activities. Pocket Plazas are typically hardscaped. An open space available for informal activities in close proximity to neighborhood residences.

Location and Size
Location
Service Area Neighborhood Neighborhood Neighborhood
Size
Minimum ½ acre 4,000 sf 4,000 sf
Maximum 2½ acres ½ acre 1 acre
Character
Frontage Building Building Building
Disposition of Elements Formal Formal Formal or Informal Typical Facilities
Passive Recreation, Accessory Structure, Drinking Fountains, Paths and Trails Passive Recreation, Accessory Structure, Drinking Fountains, Paths and Trails Passive Recreation, Accessory Structure, Drinking Fountains, Paths and Trails 152
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F. The civic spaces specified are allowed by right or with the specified approvals in the designated transect zones. The City may require the applicant pay a fee towards a Lighting and Landscaping District to pay for ongoing costs associated with maintaining the civic space.
(Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.153 Additional Standards.

Accessory Structure Standards. All accessory structures within parks and open spaces, including restrooms, gazebos, picnic shelters and outdoor theaters shall be designed and furnished to be consistent with the character of the transect zone in which they are located. Such consistency may require accessory structures to maintain building setbacks, frontage, massing, disposition and character similar to adjacent development as determined by the Director.
(Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.160 Permits and Approvals.

17.42.161 Applicability.

This Section provides procedures for the review and approval or denial of the applications and other review requirements established by this Code. (Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.162 Design Review.

Design Review shall be subject to the requirements of Section 17.80 of the Zoning Ordinance.
(Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.163 Home Occupation Permit.

Home occupations shall be subject to the requirements of Section 17.56 of the Zoning Ordinance.
(Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)
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17.42.164 Site Plan Review.

Site Plan Review shall be subject to the requirements of Section 17.72 of the Zoning Ordinance.
(Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.165 Temporary Use Permits.

A. Purpose. The purpose of this Section is to allow for short term activities that are interim, non-permanent, and/or seasonal in nature and would be compatible with adjacent and surrounding uses when conducted in compliance with this Chapter.

B. Applicability. A Temporary Use Permit allows short term activities identified in Subsection H (Allowed Temporary Uses) that might not meet the normal development or use standards of the applicable zone, but may otherwise be acceptable because of their temporary nature. Exempt temporary uses are identified in Subsection G (Exempt Temporary Uses).

C. Review Authority. The Director may approve a Temporary Use Permit for a temporary use that would be operated in compliance with Subsection F (Conditions of Approval) below; or the Director may deny the application or refer the application to the Planning Commission for review and final decision.

D. Application Filing, Processing and Review.

1. Filing. An application for a Temporary Use Permit shall be filed with the Planning Department in compliance with Section 7.010 (Application Processing Procedures).

2. Public hearing not required. A public hearing shall not be required for the Director's decision on a Temporary Use Permit application.

E. Findings. The Director (or the Planning Commission on a referral) may approve a Temporary Use Permit application, with or without Conditions of Approval (Subsection F), only after first making all of the following findings:

1. The operation of the requested temporary use at the location proposed and within the time period specified will not endanger, jeopardize, or otherwise constitute a menace to the public convenience, health, safety, or general welfare;

2. The operation of the requested temporary use will not be detrimental to adjoining properties through the creation of excessive dust, light, noise, odor, or other objectionable characteristics;
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3. The proposed parcel is adequate in size and shape to accommodate the temporary use without detriment to the enjoyment of other properties located adjacent to and in the vicinity of the subject parcel;

4. The proposed parcel is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use will or could reasonably be expected to generate; and

5. Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be available either on-site or at alternate locations acceptable to the Director.

F. Conditions of Approval. In approving a Temporary Use Permit application, the Director (or the Planning Commission on a referral) may impose conditions that are deemed reasonable and necessary to ensure that the permit would be in full compliance with the findings required by Subsection E (Findings). Other City departments (e.g., Building, Engineering, Fire, and Police) may also recommend conditions for incorporation into the approved Temporary Use Permit. These conditions may address any pertinent factors affecting the operation of the temporary event, or use, and may include the following:

1. Fixed period of time. A provision for a fixed period (e.g. 30 days for a temporary use not occupying a structure, including promotional activities, or 12 months for all other temporary uses);

2. Operating hours and days. Regulation of operating hours and days;

3. Temporary pedestrian and vehicular circulation. Provision for adequate temporary pedestrian and vehicular circulation, parking facilities (including vehicular ingress and egress), and public transportation;

4. Regulation of nuisance factors. Regulation of nuisance factors including prevention of glare or direct illumination on adjacent parcels, dirt, dust, gases, heat, noise, odors, smoke, trash, and vibration;

5. Regulation of temporary structures. Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;

6. Sanitary and medical facilities. Provision for sanitary and medical facilities;

7. Waste collection, recycling, and/or disposal. Provision for solid, hazardous, and toxic waste collection, recycling, and/or disposal;
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8. Police/security and safety measures. Provision for police/security and safety measures;

9. Signs. Regulation of signs;

10. Performance bond or other security. Submission of a performance bond or other security measures, in compliance with Section 7.030.050 (Performance Guarantees) and satisfactory to the Director, to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition, or better, as determined by the Director;

11. Condition of Site. The site shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall continue to be used in compliance with this Development Code.

12. Compliance with applicable provisions. A requirement that the approval of the requested Temporary Use Permit is contingent upon compliance with applicable provisions of the Municipal Code and the successful approval of any/all required permits from any other department or governing agency; and

13. Other conditions. Other conditions that would ensure that the operation of the proposed temporary use would be conducted in an orderly and efficient manner, and in full compliance with the purpose of this Chapter.

G. Exempt Temporary Uses. The following minor and limited duration temporary uses are exempt from the requirement for a Temporary Use Permit.

1. Emergency facilities. Emergency public health and safety needs/land use activities, as determined by the City Council or City Manager. Emergency facilities shall include emergency temporary housing.

2. Construction Yards - On-Site.
a. On-site contractors' construction/storage yard(s), in conjunction with an approved construction project on the same parcel.
b. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion Building Permit, authorizing the construction project, whichever first occurs.

3. Garage/yard sales. Garage/yard sales (e.g., personal property sales) only when conducted on residentially zoned property in compliance with the following standards:
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a. Only one garage/yard sale may be conducted within any four-month period and the sale shall be limited to not more than three consecutive days or to two consecutive weekends not to exceed four days in all.
b. All signs advertising a garage/yard sale shall be in compliance with Section

17.42.120 (Temporary Signs). All garage/yard sale signs shall be removed within 24 hours following the final close of the sale.
c. The sale shall not be conducted between the hours of 8:00 p.m. and 7:00 a.m. of the following day.
d. The sales shall not encroach or be made on or from public streets or rights-of-way. e. No licensed retail or wholesale dealer shall be allowed to consign or offer for sale any goods or merchandise.

4. Special Event Permits. A Special Event Permit shall be obtained before conducting athletic events, parades, and public assemblies, occurring on or within the public rights-of-way or other publicly owned property.

H. Allowed Temporary Uses. The following temporary uses are allowed on private property, subject to the issuance of a Temporary Use Permit.

1. Contractors' construction yards - off-site. The temporary use of a site for an offsite contractor's construction/storage yard(s). The permit may be effective for up to 12 months, or the expiration of the companion Building Permit, authorizing the construction project, whichever first occurs.

2. Entertainment events. Amusement rides, arts and crafts exhibits, auctions, carnivals, circuses, concerts, fairs, festivals, flea markets, food events, outdoor entertainment/sporting events, and other similar events as determined by the Director for a period not to exceed 10 days twice per year, separated by at least 30 days between uses.

3. Outdoor displays and sales. Outdoor displays and sales conducted by a retail business holding a valid business license, issued in compliance with Municipal Code Title 5 (Business Licenses and Regulations), may be allowed for a maximum of four outdoor sale events (excluding City sponsored activities). For purposes of this Subsection an outdoor display and sales shall be no longer than four consecutive days in duration.

4. Seasonal sales events. Seasonal sales (e.g., Halloween pumpkin sales and Christmas tree sale lots) not to exceed 40 days or four events per year with a maximum of five days for each event.
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5. Storage of structures or equipment. Temporary storage structures within residential areas, not to exceed 30 days.

6. Mobile homes. A mobile home to be utilized as a temporary dwelling while a single-family dwelling is under construction on the same parcel subject to all of the following provisions:
a. The mobile home may only be located and occupied while actual construction activities are taking place upon the parcel. In no case may the period of placement and use exceed 12 months.
b. The mobile home may only be occupied by the property owner; who is also the builder designated on the Building Permit, and the owner's/builder's family. c. City may require surety adequate to ensure the timely removal and compliance with all conditions of approval.
d. The minimum yards for the zone shall be maintained.

7. Temporary real estate sales office and model home complex. a. The office shall be used only for the sale of property located within the subdivision in which the office is located.
b. The temporary real estate office shall be removed at the end of two years following the date of the recording of the Final Map of the subject subdivision. c. If any parcels within the subdivision have not been sold at the end of the original two-year period, the Director may approve extensions.

8. Temporary work trailers.
a. A trailer or mobile home may be used as a temporary work site for employees of a business:
(1) During construction or remodeling of a permanent commercial, industrial, or mixed-use structure, when a valid Building Permit is in force; or (2) Upon demonstration by the applicant that the temporary work site is a short term necessity, while a permanent work site is being obtained. b. A permit for temporary work trailer(s) may be approved for up to 12 months. The Director may approve extensions.

9. Other similar temporary uses. Similar temporary uses that, in the opinion of the Director, are compatible with the subject zone and surrounding land uses. (Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)
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17.42.166 Conditional Use Permits.

Conditional Use Permits shall be subject to the requirements Section 17.68 of the Zoning Ordinance.
(Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.167 Uses Permitted By Administrative Approval.

Uses Permitted by Administrative Approval shall be subject to the requirements Section

17.64 of the Zoning Ordinance.
(Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.168 Variances.

Variances shall be subject to the requirements of Section 17.84 of the Zoning Ordinance. (Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.169 Development Agreements.

Development Agreements shall be subject to the requirements of Section 17.90 of the Zoning Ordinance.
(Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.170 Public Hearings, Appeals, Enforcement.

A. Public hearings shall be subject to the requirements of Section 17.88.030 of the Zoning Ordinance and to the individual hearing requirements for Conditional Use Permits (Section 17.68) and Variances (Section 17.84).

B. Appeals shall be subject to the requirements of Section 17.04 of the Zoning Ordinance.

C. Enforcement of all provisions of the Form Based Code shall be in accordance with Section 17.92 of the Zoning Ordinance.
(Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.180 Amendments.
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Amendments to provisions of the Form Based Code shall be subject to the requirements of Section 17.12.030 of the Zoning Ordinance.
(Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)

17.42.190 Non-conforming Uses.

Non-conforming uses shall be subject to the requirements of Section 17.060.080 of the Zoning Ordinance.
(Ord. No. 2015-10 , § 1(Exh. A), 9-16-2015)
Appendix A: Assessor's Parcels in the Form Based Code Area by Zone District APNs Zoned FBC 1 APNs Zoned FBC 2 APNs Zoned FBC 3
396-052-01 396-031-10 396-042-06
396-052-05 396-031-11 396-043-09
396-052-06 396-032-03 396-043-10
396-052-07 396-032-04 396-043-11
396-052-09 396-032-05T 396-063-01
396-052-10 396-032-06 396-063-02
396-062-09 395-050-40s 396-063-07s
396-062-10 395-050-42 396-064-01
396-062-23 395-050-71 396-064-02
396-062-25 395-050-72 396-064-03
396-062-26 396-042-02 396-064-04
396-072-05 396-042-03 396-064-06
396-072-06 396-043-01 396-064-07
396-072-15 396-043-02 396-064-08
396-072-17 396-043-03 396-064-09
396-073-01 396-043-04 396-064-10
396-073-02 396-043-05 396-064-11
396-073-03 396-043-06 396-064-12
396-073-04 396-043-07 396-064-13
396-073-05 396-043-14 396-064-14T
396-073-11 396-043-15 396-064-15
396-073-12 396-043-16 396-071-01
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396-074-01 396-051-01 396-071-07
396-074-02 396-051-02 396-071-08
396-074-03 396-051-03 396-071-09
396-081-06 396-062-01T 396-071-10
396-081-07 396-062-08 396-071-11
396-081-08 396-062-13 396-071-12
396-081-11 396-062-22 396-071-13T
396-081-12 396-071-02T 396-071-17
396-081-13 396-071-03T 396-071-19
396-081-14 396-071-04T 396-071-20
396-082-26 396-071-05T 396-072-07
396-082-28 396-071-06T 396-072-08
396-082-35 396-072-13 396-072-09
396-082-36 396-072-16 396-072-10
396-082-38 396-073-06 396-072-12
396-101-08 396-073-07 396-072-18
396-101-10 396-074-06 396-072-19
396-101-11 396-074-09 396-073-10
396-101-12 396-081-01 396-073-13
396-101-13 396-081-09
396-101-14 396-082-03 396-083-03
396-101-18 396-082-17 396-083-04
396-101-19 396-082-30 396-083-05
396-102-05 396-082-31 396-083-10
396-102-06 396-102-16 396-083-11
396-102-09 396-103-05 396-083-12
396-102-10 396-103-22 396-083-13
396-102-11 396-103-29 396-091-01
396-102-13 396-112-03 396-091-02
396-102-14 396-112-04 396-091-03
396-103-08 396-112-07 396-091-04
396-103-09 396-112-08 396-091-05
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396-103-10 396-121-09T 396-091-06
396-103-14 396-121-21 396-091-07
396-103-15 396-121-24 396-091-08
396-103-20 396-121-25 396-091-09
396-103-21 396-091-10
396-103-23 396-091-11u
396-103-24 396-091-12
396-103-28 396-091-13
396-111-01 396-091-14
396-111-02 396-091-15T
396-111-19 396-091-16
396-111-20 396-091-17
396-111-21 396-092-01
396-111-22 396-092-02
396-111-23 396-092-03
396-111-24 396-092-04
396-122-02 396-092-05
396-122-03 396-092-06
396-122-04 396-092-07
396-122-07 396-092-08
396-122-08 396-101-03
396-122-09 396-101-06
396-122-10 396-101-07
396-122-11 396-101-015T
396-122-12 396-101-21
396-122-13 396-101-23P
396-122-15 396-101-24
396-122-17 396-101-25
396-122-18 396-101-26
396-122-19 396-102-15
396-123-01 396-112-01
396-123-02 396-112-09
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396-123-11 396-121-01
396-123-12 396-121-02
396-123-13 396-121-22
396-123-14 396-121-23
396-123-15 396-122-01
396-123-16
396-123-17
396-123-18
396-123-19
Chapter 17.44 I—INDUSTRIAL DISTRICTS

17.44.010 I—Purposes and application.

The I industrial districts are included in the zoning code to achieve the following purposes:

A. To reserve appropriately located areas for various types of industrial plants and related activities;
B. To protect areas appropriate for industrial use from intrusion by residences and other inharmonious uses;
C. To protect residential, commercial and nuisance-free non-hazardous industrial uses from noise, odor, dust, dirt, smoke, vibration, heat, glare, fire, explosion, noxious fumes, radiation, hazardous chemicals and other hazardous and objectionable influences incidental to certain industrial uses;
D. To provide opportunities for certain types of industrial plants to concentrate in mutually beneficial relationships to each other;
E. To provide adequate space to meet the needs of modern industrial development, including off-street parking and truck loading areas; and F. To provide industrial employment opportunities for residents of the city. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)

17.44.020 IL—Light industrial district.
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A. IL—Application. This district is intended primarily for application to those areas of the city which are designated for light industrial use by the general plan.

B. IL—Permitted Uses.

1. Any use listed as a permitted use in the CS, service commercial district;

2. Light industrial and related uses, including:
a. Assembly of small electric appliances such as lighting fixtures, irons, fans, toasters and electric toys, refrigerators, washing machines, dryers, dishwashers and similar home appliances.
b. Assembly of small electrical equipment such as home motion picture equipment, stereos, video cameras and radio and television receivers, but not including electrical machinery.
c. Manufacture of scientific, medical, dental and drafting instruments, orthopedic and medical appliances, cameras and photographic equipment, except film, electronic equipment, musical instruments, precision instruments, optical goods, watches and clocks.
d. Manufacture of ceramic products, such as pottery, figurines and small glazed tile. e. Manufacturing, assembling, compounding, packaging and processing of cosmetics, drugs, pharmaceuticals, toilet soap (not including refining or rendering of fats or oils) and toiletries.
f. Manufacture and assembly of electrical supplies such as coils, condensers, crystal holders, insulation, lamps, switches and wire and cable assembly, provided no noxious or offensive fumes or odors are produced.
g. Manufacture of cutlery, hardware, hand tools and furniture, die and pattern making; metal stamping and extrusion of small products such as costume jewelry, pins and needles, razor blades, bottle caps, buttons and kitchen utensils. h. Manufacturing, assembling, copounding, packaging and processing of articles or merchandise from the following previously prepared materials: bone, canvas, cellophane, cellulose, cloth, cork, feathers, felt, fiber and synthetic fiber, fur, glass, hair, horn, leather, paint (not employing a boiling process), paper, plastics, precious or semi-precious metals or stones, rubber and synthetic rubber, shell, straw, textiles, tobacco and wood. i. Manufacturing, assembling, com-pounding, processing, packaging or treatment of such products as bakery goods, candy, dairy products, food products, including fruits 164
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and vegetables, but not including fish and meat products, pickles, sauerkraut, vinegar or yeast, or refining or rendering of fats and oils.
j. Blacksmith shops; boat building; electric motor rebuilding, machine shops, paint shops.
k. Food lockers and accessory sales;
l. Gasoline service stations, including dispensing of diesel and liquid petroleum gas fuels and complete truck service.
m. Lumberyards, including planing mills; mattress manufacture; storage yards for commercial vehicles or feed; flour, feed and grain mills; grain elevators; n. Manufacture and maintenance of electric and neon signs, billboards and commercial advertising structures.
o. Offices, retail stores and watchman's living quarters incidental to and on the same site with an industrial use.
p. Public utility and public service structures and facilities such as communications equipment buildings, electric distribution substations, electric transmission substations, gas regulator stations, public service pumping stations, public utility service yards, corporation yards, railroad rights-of-way and stations, reservoirs and storage tanks. q. Emergency shelters, subject to the following standards and requirements:

1. The emergency shelter shall comply with all applicable federal, state and local standards and requirements.

2. The emergency shelter shall have satisfied all applicable federal, state and local licensing requirements for any programs conducted at the emergency shelter.

3. The maximum number of beds in an emergency shelter shall not exceed fifteen (15) beds.

4. The length of stay by an individual at an emergency shelter shall not exceed six (6) months in a consecutive twelve-month period.

5. The emergency shelter must have on-site security (approved by the Kingsburg Police Department) at all times.

6. Exterior lighting is required for all on-site pedestrian pathways and parking areas.

7. The emergency shelter shall provide secure storage areas for the personal property of the occupants.
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8. The emergency shelter shall provide off-street on-site parking at the rate of one (1) space for each employee/staff member and one (1) space for every six (6) occupants at maximum capacity.

9. No emergency shelter shall be located closer than three hundred (300) feet from another emergency shelter.

10. A management plan is required for all emergency shelters to address management experience, good neighbor issues, transportation, client supervision, client services, and food services. Such plan shall be submitted to the city planning department for review and approval prior to commencement of operation of the emergency shelter. The management plan shall include a floor plan that demonstrates compliance with the requirements and standards of this chapter. Annually, the operator of each emergency shelter shall submit the management plan to the city planning, department with updated information for review and approval. The city council may establish a fee by resolution to cover the administrative cost of review of the required management plan. r. Incidental and accessory structures and uses located on the same site as a use permitted by administrative approval or conditional use. s. Other uses which have been added to this list according to the procedure in Chapter 17.60.

C. IL—Permitted Uses—Administrative Approval.

1. Gas and electric transmission lines, in accordance with Chapter 17.64.

2. Mobile or modular offices in accordance with the requirements of Chapter 17.56.

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

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

D. IL—Conditional Uses—Commission Approval.

1. Any of the uses listed in Section 17.44.030 B., provided that, on the basis of the use permit application and the evidence submitted, the planning commission makes the following findings in addition to the findings prescribed in Chapter 17.68:
a. That consideration of all the determinable characteristics of the use which is the subject of the application indicates that the use has the same essential characteristics as 166
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the uses listed in Section 17.44.020 B., with respect to methods of operation, type of process, materials, equipment, structures, storage and appearances. b. If the use involves nuisance or hazardous characteristics, that the application include sufficient evidence to indicate that special devices, construction or site design are planned to eliminate the nuisance or hazardous characteristics normally attendant to operation of the use.
c. That the use reasonably can be expected to conform with the required conditions prescribed for the I district in Section 17.44.060.

2. Public buildings and grounds.

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

4. Bulk storage and delivery of liquified petroleum gas.

5. Outdoor vending stalls for the sale or trade of new and used articles at specified times of the day and week as either a temporary or permanent use of land.

6. Adult entertainment enterprises as defined in Chapter 17.86.

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

8. Other uses which are added to this list according to the procedure in article 15. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982)
(Ord. No. 2009-05, § 1, 2-18-09; Ord. No. 2015-05, §§ 1—3, 6-3-2015)

17.44.030 IH—Heavy industrial district.

A. IH—Application. This district is intended for application to those urban areas of the city which are designated for heavy industrial use in the general plan.

B. IH—Permitted Uses.

1. Any use listed as a permitted use in the IL district, excluding Emergency Shelters and all CS uses.

2. Heavy industrial and related uses including:
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Aircraft and aircraft accessories and parts manufacture; Automobile, truck and trailer accessories and parts manufacture; Bag cleaning;
Battery manufacture;
Boiler works;
Box factories and cooperage;
Breweries, distilleries and wineries;
Building materials manufacture and assembly including composition wallboard, partitions, panels and prefabricated structures;
Business machine manufacture including accounting machines, calculators, card counting equipment and typewriters;
Can and metal container manufacture;
Candle manufacture, not including rendering;
Carpet and rug manufacture;
Cement products manufacture provided no hazard of fire or explosion is created, including adhesives, bleaching products, bluing, calcimine, dyestuffs (except aniline dyes), essential oils, soda and soda compounds and vegetable gelatin, glue and size; Concrete and concrete products manufacture;
Cotton ginning, cotton wadding, cotton seed processing and linter manufacture; Clay products manufacture including brick, fire brick, tile and pipe; Fire arms manufacture;
Food products manufacture including such processing as cooking, dehydrating roasting, refining, pasteurization and extracting involved in the preparation of such products as casein, cereal, chocolate and cocoa products, cider and vinegar, coffee, fruits and vegetables, glucose, milk and dairy products, molasses and syrups, oleo/margarine, pickles, sauerkraut, sugar, vegetable oils and yeast;
Glass and glass products manufacture;
Graphite and graphite products manufacture;
Gravel, rock and cement yards;
Ink manufacture;
Insecticides, fungicides, disinfectants and similar agricultural, industrial and household chemical compounds manufacture;
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Jute, hemp, sisal and oakum products manufacture;
Leather and fur finishing and dyeing, not including tanning and curing; Machinery manufacture including heavy electrical, agricultural, construction and mining machinery and light machinery and equipment such as air conditioning, commercial motion picture equipment, dishwashers, dryers, furnaces; heaters, refrigerators, stoves and washing machines;
Machine tools manufacture including metal lathes, metal presses, metal stamping machines and woodworking machines;
Meat products processing and packaging, not including slaughtering and glue and size manufacture;
Metal alloys and foil manufacture including solder, pewter, brass, bronze and tin, lead and gold foil;
Metal casting and foundries not including magnesium foundries; Motor and generator manufacture and testing;
Paper products manufacture including shipping containers, pump goods, carbon paper and coated paper stencils;
Paraffin products manufacture;
Plastic manufacture;
Porcelain products manufacture including bathroom and kitchen fixtures and equipment;
Precious metals reduction, smelting and refining;
Rubber products manufacture including tires and tubes;
Sand blasting;
Shoe polish manufacture;
Solid waste recycling;
Starch and dextrine manufacturing;
Steel products manufacture and assembly including steel cabinets and lockers, doors, fencing and furniture;
Steam electric generating stations;
Stone products manufacture and stone processing including abrasives, asbestos, stone screening and sand and lime products;
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Storage, sorting, collecting or baling or iron, junk, paper, rags, or scrap; structural steel products manufacture including bars, girders, rail and wire rope; Textile bleaching;
Wire and cable manufacturing;
Wood and lumber processing and woodworking including planing mills and saw mills, excelsior, plywood, veneer and wood-preserving treatment.

3. Incidental and accessory structures and uses located on the same site as a permitted use.

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

17.60. C. IH—Permitted Uses—Administrative Approval.

1. Gas and electric transmission lines.

2. Mobile and modular offices.

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

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

17.60. D. IH—Conditional Uses—Commission Approval.

1. The following uses and other uses may be approved according to the procedures in Chapter 17.68; provided, however, that for uses which involve nuisances, danger of fire or explosion or other hazards to health and safety, the planning commission shall make a specific finding that the use can be expected to conform with each of the required conditions prescribed for an IH district in Section 17.44.010. The commission may require submission of reports by technical consultants or other evidence in addition to the data prescribed in Chapter 17.68:

Asphalt and asphalt products manufacture;
Cement, lime, gypsum and plaster of paris manufacture;
Charcoal, lampblack and fuel briquettes manufacture;
Chemical products manufacture including acetylene, aniline dyes, ammonia, carbide, caustic soda, cellulose, chlorine, cleaning and polishing preparations, creosote, exterminating agents, hydrogen and oxygen, industrial alcohol, nitrating of cotton or 170
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other materials, nitrates of an explosive nature, potash, pyroxlin, rayon yarn, and carbolic, hydrochloric, picric and sulphuric acids;
Coal, coke and tar products manufacture;
Drop forges;
Dumps and slag piles;
Electroplating shops;
Explosives manufacture and storage;
Fertilizer manufacture;
Film manufacture;
Fireworks manufacture and storage;
Fish products processing and packaging;
Garbage and refuse dumps;
Gas and oil wells;
Gas manufacture or storage;
Gelatin, glue and size manufacture from animal or fish refuse; Grain rolling and storage;
Incineration or reduction of garbage, offal and dead animals; Junk yards;
Lard manufacture;
Linoleum and oil cloth manufacture;
Liquified petroleum gas bulk storage and delivery;
Magnesium foundries;
Manure, peat and topsoil processing and storage;
Metal and metal ores reduction, refining, smelting and alloying; Motor vehicles wrecking yards;
Paint manufacture including enamel, lacquer, shellac, turpentine and varnish; Paper mills;
Petroleum and petroleum products refining and storage;
Rifle and pistol ranges;
Rubber manufacture or processing including natural or synthetic rubber and guttapercha; Soap manufacture including fat rendering;
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Steam plants;
Stock yards, stock feeding yards and slaughter houses;
Stone quarries, gravel pits, mines and stone mills;
Storage of inflammable liquids;
Storage of used building materials;
Tallow manufacture;
Tanneries and curing and storage of rawhides;
Wood and bones distillation;
Wood pulp and fiber reduction and processing.

2. Public buildings and grounds.

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

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

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

17.60. (Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982) (Ord. No. 2015-05, § 4, 6-3-2015)

17.44.040 I—Required conditions.

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

B. No use shall be permitted and no process, equipment or materials shall be employed which is found by the commission to be injurious to persons residing or working in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt refuse, noise, vibrations, illumination, glare or heavy truck traffic or to involve any hazard of fire, explosion or radio activity or to emit electrical disturbances which adversely affect commercial or electronic equipment outside the boundaries of the site. 172
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C. No solid or liquid wastes shall be discharged into a natural watercourse, nor into a public or private sewage disposal system except in compliance with applicable regulations of the Central Valley Regional Water Quality Control Board.

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

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

17.44.050 I—Property development standards.

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

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

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

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

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

5. No fence or wall shall exceed seven feet in height if located in a required side or rear yard or three feet in height if located in a required front yard, except that a 173
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chainlink fence greater than three feet in height may be located in any portion of a required front yard.

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

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

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

D. Coverage: No limitations.

E. Yard Requirements:

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

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

F. Distances between Structures: No limitations.

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

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

I. Signs and Outdoor Advertising Structures: No signs or outdoor advertising structure of any character shall be permitted except as provided in Chapter 17.56. (Ord. 2007-04 § 1, 2007; Ord. 92-11 § 1 (part), 1992: Ord. 408 (part), 1982) 174
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17.44.060 I—Site plan and architectural design review.

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

17.44.070 I—General provisions and exceptions.

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

17.44.080 IP—Planned industrial districts.

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

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

1. A more restrictive list of those uses set forth in Sections 17.44.020 B and C., and Sections 17.44.030 B and C of this chapter which uses are desired by the owners to be listed as permitted uses under this section; a statement of more restrictive regulations relating to each of the subjects of Sections 17.44.050 and 17.44.070, and Sections

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

Upon written approval of the planning commission, the list of permitted uses and statements of more restrictive regulations requested for a particular parcel of land shall become the regulations of this section with respect to such parcel of land by reference with the same force and effect as if the regulations were specifically set out and described under this section; provided, however, such statements of more restrictive regulations shall apply in addition to those prescribed within Section 17.44.050 of this chapter. 175
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2. All uses listed as requiring conditional use permits in the IL or IH districts shall be considered as conditional uses under this section.

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

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

17.48.010 PUD—Planned unit development combining district.

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

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

17.48.020 MXU—Mixed use combining district.

A. Purposes and Application. The MXU—Mixed use combining district is intended for application to two types of property:
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1. Within commercial base zoning districts, on any site of such a size and configuration that a mixture of businesses is determined to appropriate, such as a commercial subdivision or business park.

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

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

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

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

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

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

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

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

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

17.48.030 PF—Public facilities combining district.

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

1. Elementary, junior high and high schools.

2. Corporation yard.

3. City Hall.

4. Fire station.

5. Police station.

6. Justice court.

7. Library.

8. Senior center.

9. Youth center.

10. Off-street parking areas.

11. Neighborhood parks.

12. Community parks.

13. Open space corridors.

14. Drainage basins.

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

B. Applicable Regulations and Procedures. No site or parcel of land designated for future public use by the general plan, or designated by the zone plan as a PF combining district, shall be developed for any other use until the public agency having jurisdiction 178
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has the opportunity to purchase or otherwise acquire the land for the intended public use.

In order to assure reasonable use of lands until needed for public purposes, interim private use is allowed. Interim use may include any existing use of the property, or the remodeling or conversion of an existing use in such manner that it does not preclude the ability to physically remove and relocate existing structures to other sites. Uses to be remodeled or converted in use shall be subject to the provisions of Chapter 17.60 of this ordinance requiring administrative approval by the city.

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

17.48.040 HB—Highway beautification overlay district.

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

B. Area of Applicability. The HB—highway beautification overlay district shall apply to the following areas:
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1. Highway 99: All property within one thousand (1,000) feet of the outside boundaries of the state right-of-way.

C. Definitions. For the purposes of the section, the following definitions shall apply.

Due to the unique nature of this overlay, the following definitions may be in conflict with other sections of the zoning ordinance and shall only apply to the highway beautification ordinance.
"At-Grade" means a section of highway, the grade of which is within five feet of the grade of the adjacent properties.
"Billboard" means a freestanding sign or wall sign advertising off-site services, ideas, and products.
"Co-location" means locating more than one antenna on the same antenna mount. "Communication tower" means a structure higher than its diameter used to support antennas for wireless communications.
"Depressed" means a section of highway, the grade of which is more than five feet below of the grade of the adjacent properties.
"Elevated" means a section of highway, the grade of which is more than five feet above the grade of the adjacent properties.
"Freestanding sign" means any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure, or sign taller than eight feet in height with a height limit of thirty-five (35) feet.

Includes sign types that are independent of a building. "Gateway sign" means a freestanding sign in which the bottom of the sign is in contact with the ground and marks a perceptual designated entry into city or county borders. "Guyed tower" means a communication tower that is supported, in whole or in part, by guy wires and ground anchors.
"Lattice tower" means a self-supporting communications tower consisting of an open work structure made of crossing bars or rods forming a network used for support. "Marquee sign" means any sign supported by structure or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure, or sign taller than eight feet in height with a height limit of one hundred (100) feet. A marquee sign will advertise multiple destinations within a set location and 180
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eliminate visual clutter by combining what would otherwise be multiple freestanding signs.
"Monopole" means a self-supporting communication tower consisting of a single pole. "Monument signs" means a freestanding sign in which the entire bottom of the sign is in contact with the ground, and which does not exceed eight feet in height. "Wall sign" means any sign attached parallel to, but within six inches of a wall; painted on the surface of a wall; or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.

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

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

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

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

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

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

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

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

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

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

5. Yards. Yards shall be provided as follows:
a. General Provisions.
i. All yard requirements shall be for the entire length of the specified lot line. ii. Yard requirements shall apply whether property is directly adjacent to the highway, or is adjacent to a frontage road that runs along the highway. b. For agricultural uses, yards shall be as required by the underlying district. c. For single-family residential uses, yard requirements shall be as follows:
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i. Along residential properties adjacent to at-grade highway sections, a landscaped buffer no less than twenty (20) feet deep shall be provided. The setback line shall constitute the lot line of the adjacent subdivision and building setback requirements of the underlying zone district shall apply.
(A) In conventional subdivisions this landscaped buffer shall be deeded to the city and an assessment district created to fund its maintenance. In subdivisions in which there is a homeowners association responsible for the maintenance of common facilities, the landscaped buffer may be owned and maintained by the homeowners association. (B) The landscaped buffer shall consist of ground cover and shrubs. Trees shall be provided within the landscape buffer at a rate of one per twenty-five (25) feet of highway frontage, and may be spaced evenly or planted in groups or clusters. (C) No buildings, parking areas, storage areas, trash or recycling areas, utility equipment, freestanding signs, communications towers, or other structures may be established within the landscaped buffer.
(D) All city standards for noise reduction shall apply. ii. Along lot lines that are adjacent to elevated highway sections, trees shall be provided at a rate of one tree per twenty-five (25) feet of highway frontage. The trees may be spaced evenly or planted in groups or clusters, and shall be of a species which will grow tall enough to be visible from the highway. All city standards for noise reduction shall apply.
iii. Along lot lines that are adjacent to depressed highway sections trees shall be provided at a rate of one tree per twenty-five (25) feet of highway frontage. The trees may be spaced evenly or planted in groups or clusters and shall be placed close enough to the right-of-way line that they will be visible from the highway. No buildings; parking areas; trash or recycling areas; utility equipment; communications towers; or other structures may be established within twenty (20) feet of the highway right-of-way. All city standards for noise reduction shall apply.
d. Yard requirements shall be as follows for automobile wrecking yards; damaged automobile storage yards; dumps; transit storage facilities; electric distribution substations; electric transmission substations; garbage, offal, dead animal, or refuse incineration, reduction, or dumping; generating plants; junkyards; pallet yards; 182
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quarries; recycling plants; refuse dumping; surface mining operations; waste-to-energy plants; or similar uses:
i. Along lot lines that are adjacent to at-grade highway sections, or allow visibility into the site from at-grade highway sections, a landscaped buffer no less than twenty (20) feet deep shall be provided.
(A) The landscaped buffer shall contain, as a minimum, a continuous shrub hedge, interplanted twenty (20) feet on center with trees. The plant species used should coordinate with adjacent highway landscaping. Shrub variety used shall be fast growing, and attain an ultimate height of no less than eight feet. Shrubs and trees shall not be pruned as to allow visibility into the site from the highway. (B) A solid masonry wall shall be located at the rear of the landscaped buffer. The wall shall be not less than six feet in height and shall be located twenty (20) feet from and parallel to the buffered property line or right-of-way line. (C) No buildings, parking areas, trash or recycling areas, utility equipment, freestanding signs, communications towers or other structures may be established within twenty (20) feet of the highway right-of-way, with the exception of one monument sign as set forth in subsection (G)(10).

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

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

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

Figure 4: Illustration of possible required landscaped buffers for land uses specified in subsection (G)(5)(d) (wrecking yards, etc.). Unlike other land uses, these uses must 184
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provide landscaped buffers along not only the highway frontage, but along all lot lines that allow visibility into the site from the highway.

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

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

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

Highway Beautification Overlay Yard Requirements*
Use Type Adjacent Highway Type
At-Grade Elevated Depressed
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CITY ATTORNEY

CITY OF

KINGSBURG
Agricultural Uses (See subsection (G)(5)(b) details) As required by underlying district. As required by underlying district. As required by underlying district.

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

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

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

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

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

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

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

10. Outdoor Advertising.
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CITY ATTORNEY

CITY OF

KINGSBURG
a. Freestanding Signs.
i. No freestanding sign shall be erected on lots in which the underlying district prohibits freestanding signs.
ii. On lots in which the underlying district permits freestanding signs, the number of freestanding signs on any lot shall be limited to two. One shall be permitted facing the highway, and one shall be permitted facing the street that the lot fronts. On lots that are not adjacent to the highway, only one freestanding sign shall be permitted. iii. No freestanding sign may be located in the required yard area described in subsection (G)(5). Only monument signs shall be permitted in the required yard area. iv. Sign height shall be as follows:
(A) The maximum permitted height of freestanding signs shall be dependant on the distance that the freestanding sign is set back from the highway and shall be calculated using the following formula: one foot of sign height shall be permitted for every one foot that the sign is set back from the highway, to a maximum of thirty-five (35) feet in height. (B) The maximum permitted height of a marquee sign shall be one hundred (100) feet in height. The required setback for marquee signs shall be at the discretion of each individual city/county.
v. The maximum permitted area for monument signs in the required yard area shall be sixty (60) square feet.
vi. The maximum permitted area for freestanding signs shall be as follows:
(A) The maximum permitted area of freestanding signs shall be dependant on the distance that the sign is set back from the highway and shall be calculated using the following formula: three square feet of sign area shall be permitted for every one foot that the sign is set back from the highway, to a maximum of two hundred (200) square feet in area.
(B) The maximum permitted area of a marquee sign shall be at the discretion of each individual city/county.
b. Wall Signs.
i. No wall sign shall be erected on lots in which the underlying district prohibits wall signs.
ii. Wall signs shall consist of no more than ten percent (10%) of the wall area. 187
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