Agenda packet — Madera City Council, January 15, 2025 (part 2 of 3)

ADDENDUM NO. 2
March 8, 2024
RE: RFP 202324-01 Professional Janitorial Services
The foregoing documents are amended in the respects as herein set forth. This addendum and t he amendments herein sha ll become part of sa id documents and of any contract entered into pursuant to sa id documents.

Proposal DUE DATE remains the same: 4:00pm on THURSDAY, FEBRUARY 14, 2024 RFP Modifications, Details Number
Clarifications, and of Pages
Informational Items
1 RFP 202324-01 Professional
Janitorial Services
Attachment A, REVISED Cost Proposal Form 1
2 RFP 202324-01 Professional
Janitorial Services
Attachment C, REVISED City of Madera Locat ions List 1
3 Pre-Proposal Site Visit
Informationa l Item 3 Attendees & Notes
Informationa l Item (answered on PlanetBids Vendor Follow 4 Questions & Answers from Porta l here: link &
Planet Bids Vendor Portal htt1:1s:Ll1:1bsystem. 1:1lanetbids.comL1:1ortaILS4016L1:1ortal- see Q&A home tab
Issued by:
e ifer Stickman
= ement Servi ces Manager
To verify receipt of this Addendum No. 1, please ema il this sheet to Jennifer Stickman at [email protected] before proposa l due date. A copy of this signed sheet must also be included with your bid proposal submittal.

Company:

Signature:

Acknow ledged by:

CCS Facility Se~c~sno Inc
Sylvestre Ayoh '-7
CCS FACILITY SERVICES 50
Attachments
CCS FACILITY SERVICES 51
Attachment A

ATTACHMENT A
REVISED Cost Proposal Form
Proposer hereby proposes to deliver to and provide pest control services for the aty of Madera, various locations, equipment, and services in accordance with the published specifications, fOf the following prices. For each City facility, l>ldder must provide total monthly/annual cost for all labor, material, and supplies (tax induded) as specified in RFP.

Item Facility
1 CityHall
20S West4thStreet
2 City Hall, Finance Department/Attorney Offices
205West4th5treet
3 Publ ic Works,
1030 south Gateway Drive
4 lntermodal
123NorthEStreet
S Frank Bergon Senior Center
238 south D Street
6 Pan-American community Center
703 East Sherwood Way
7 Parks & Community Devopment/Vouth Center, 1st Floor
701East5thstreet
Frequency
DailyjMondaythroughFriday)
Daily (Monday through Friday)
Daily(MondaythroughFriday)
Daily(MondaythroughFriday)
Three days pel'" week
(Tuesday, Wednesday, and Thursday)
Daily(MondaythroughFriday)
Daily (Monday through Friday)
8 Parlls & Community Oevopment/Vouth Center, 2nd Floor 701 East 5th Street
Daily(MondaythroughFriday)
9 PollceOepartment
330 south c Street
10 PDSIU
330SCSt
11 Munidpal Airport
12 Wastewater Treatment Plant
13048Road21 l/2
13 EngineeringOffice
428EYosemiteAve.
14 Madera TransitCenter
1951 Independence o r
Item DescriptiOn
Daily(MondaythroughFriday)
Daily(MondaythroughFriday)
2daysperweek
2daysperWeek
Dai1y(MondaythroughFriday)
Daily (Monday through Friday)
Emergency Hourly Rate (response within two (2) hours of coo tact Monday through Friday from 8:00 a.m. to 5:00 p.m.) S Outside Normal Business Hours Emergency Hourly Rate (response within two (2) hours of contact any t ime ot her than Monday through Friday from 8:00 a.m. to 5:00 p.m.) Proposals shall bevabd for a mm1mum of 180 days following subm1ss1on.

Date
company Name Street Address City/State/Zip
Federal Tax ID Number Phone Number
Person Preparing Proposal ntle
Email Address
Signature of Person Preparing Proposal
March 14, 2024
ccs Facility services
2695 N Fowler Ave
Fresno, CA 93727
20-58U574
(669) 328-4278
BobBertuccem
Business Oevelopnent Manager
[email protected]
Monthly Annual Monthly Annual Monthly Annuo/ Monthly Annual Monthly Annual Monthly Annual 2, 175 $ 26, 105.77 2,240.75 $ 26,888.95 2,307.97 27,695.61 2,377.21 28,526.48 $ 2,442.58 29,310.96 $ 2,509.75 $ 30,117.01 $ 1,027 12,319.95 $ 1,057.46 $ 12,689.55 $ 1,089.19 $ 13,070.23 $ 1,121.86 $ 13,462.34 $ 1,152.71 $ 13,832.55 $ 1,184.41 $ 14,212.95 $ 2,151 25,812.42 $ 2,215.57 $ 26,586.80 $ 2,282.03 $ 27,384.40 $ 2,350.49 $ 28,205.93 $ 2,4 15.13 $ 28,981.60 2,481.55 29,778.59 893 10,719.98 $ 920.13 11,041.SS 947.74 $ 11,372.82 976. 17 11,714.01 1,003.01 $ 12,035.14 1,030.59 12,367.14 878 10,530.51 903.87 10,846.42 930.98 11,171.81 958.91 11,506.97 985.28 11,823.41 1,012.38 12,148.55 1,484 17,802.66 1,528.06 18,336.74 1,573.90 18,886.84 1,621.12 19,453.45 1,665.70 19,988.42 1,711.51 20,538.10 $ 4,432 53,189.51 4,565.43 $ 54,785.19 $ 4,702.40 $ 56,428.75 $ 4,843.47 $ 58,121.61 $ 4,976.66 $ 59,7~.96 5,113.52 61,362.25 $ 1,021 12,251.95 $ 1,051.63 $ 12,619.51 $ 1,083.17 $ 12,998.10 $ 1,115.67 $ 13,388.04 $ 1,146.35 $ 13,7S6.21 1,177.88 14,134.51 3,899 $ 46,784.98 $ 4,015.71 48,188.53 4,136.18 49,634. 19 4,260.27 51,123.22 4,377.43 52,529.10 4,497.80 $ 53,973.66 963 11,557.74 $ 992.04 $ 11,904.47 1,021.80 $ 12,261.61 $ 1,052.45 $ 12,629.46 $ 1,081.40 $ 12,976.77 $ 1,111.14 $ 13,333.63 718 8,614.34 739.40 8,872.77 761.58 9,138.96 784.43 9,413.13 806.00 9,671.99 828.16 9,937.97 1,106 13,268.23 1,138.86 13,666.28 1,173.02 14,076.27 1,208.21 14,498.56 1,241.44 14,897.27 1,275.58 15,306.94 1,522 $ 18,262.10 1,567.50 18,809.96 1,614.52 19,374.26 1,662.96 19,955.49 1,708.69 20,504.26 $ 1,755.68 $ 21,068.13 $ 1,729 20,743.76 $ 1,780.51 $ 21,366.07 $ 1,833.92 $ 22,007.06 $ 1,888.94 $ 22,667.27 $ 1,940.88 $ 23,290.62 $ 1,994.26 $ 23,931.11 Hourly Rote Hourly Rate Hourly Rate Hourly Rate l-laurlyRate Hourly Rate " 45 " so so so
ss ss ss 60 60 60
CCS FACILITY SERVICES 52
Attachment B
Agency/Company:

Contact Person:

Emai l Address:

Phone Number:

ATTACHMENT B

RFP REFERENCE FORM
Madera County
Anthony Loza
[email protected]
(559) 675-7703
Add ress : 200 West Fourth Street, Madera, CA 93637
Date Services Provided: 2017 to Present
Su mmary of Se rvices Included: Night Janitorial, Day Porter, Pressure Washing, Parking Log Sweeping, Window Washing Number of Locations Serviced & Frequency of Services 28 Buildings, 5 Days per Week Agency/Company: County of Fresno
Contact Person: John Velasco
Ema il Address: [email protected]
Phone Number: (559) 600-6200
Add ress : 4509 E. Kings Canyon Rd , Fresno, CA 93702
Date Services Provided: 2020 to Present
Su mmary of Services Included: Day Porter, Night Janitorial, Pressure W ashing Number of Locations Serviced & Frequency of Services 11 Buildings, 5 Days per Week Agency/Company: City of Modesto
Contact Person: Patrick Crowlev
Emai l Address: [email protected]
Phone Number: (209) 342-2274
Add ress : 10 10 10th Street, Modesto, CA 95354
Date Services Provided : 2018 to Present
Su mmary of Se rvices Included: Day Porter, Night Janitorial, Window Washing, Pressure Washing Number of Locations Serviced & Frequency of Services 15 Buildings, 5 Days per Week Agency/Company: City of Bakersfield
Contact Person: Roy Bravo
Ema il Address: [email protected]
Phone Number: (661) 326-378 1
Add ress : 4101 Truxtun Ave, Bakersfield, CA 93309
Date Services Provided: 2009 to Present
Su mmary of Se rvices Included: Night Janitorial, Pressure Washing, Carpet Shampoo & Floor Washing, Window Washing I Number of Locations Serviced & Frequency of Services 1 Building, 5 Days per Week CCS FACILITY SERVICES 53
Attachment C
Item Facility
3 4
5 6
7 8
9 10
11 12
13 City Hall
205 West 4th Street
City Hall, Finance Department/Attorney Offices
205 West 4th Street
Pu blic Works,
1030 South Gatewa Drive
lntermodal
123 North E Street
Frank Bergen Senior Center
238 South D St reet
Pan-American Community Center
703 East Sherwood Way
Parks & Community Devopment/Youth Center, 1st Floor
701 East 5th Street
Parks & Community Devopment/Youth Center, 2nd Floor
701 East 5th Street
Pol ice Department
330 South C Street
PD SIU
330 SC St
Municipal Airport
4020 Aviation Drive
Wastewater Treatment Plant
13048 Road 21 1 2
Engineering Office
428 E Yosemite Ave.

Madera Transit Center
14 1951 lnde endence Dr

ATTACHM ENT C
REVISED Cit y of M adera, Locations Li st
RFP 202324-01 Professional Janitorial Services
Addendum No. 2, March 8, 2024
Page3 o/6
Frequency Estimated Daily Employees Comments
Daily (Monday through Friday)
_l)aily (Monday through Friday)
Daily (Monday through Friday)
Daily (Monday through Friday)
Three days per week
Tuesda Wednesda and Thursda
Daily (Monday through Friday)
Daily (Monday through Friday)
Daily (Monday through Friday)
Daily (Monday through Friday)
Daily (Monday through Friday)
2 days per week
2 days per Week
Daily (Monday through Friday)
Daily (Monday through Friday)
24 18
11 Onsite
75 lncludin field staff
5 4
10 30
Combined with above.
114
25 2
11 16
5 Onsite
19 Drivers
This site hosts meet ings open to t he public several times per month.

Attendance ran es from seven eo le to 100 eo le.

This site is open to the public. Attendance averages up to 50 people er da
This site is open to the public. Attendance averages up to 70 people per day.

This site is open to the public. Attendance averages up to 85 people er da
Combined with above.

CCS FACILITY SERVICES 54
Attachment D
City Hall
Area/Room No.

Note: These numbers
Area/Room
correspond with the Carpet Vinyl Composition Tile Vinyl Asbestos Tile Terrazo City's internal tracking Description
system.
1A Foyer & Hallway 1200
1C Rear Lobby 176
2 City Manager
Administrative Analyst
302
City Manager 292
3 City Manager Closet 19
City Manager 30
Restroom
4 Communications
158
Soecialist
5 Conference Room 471
6 Break Room 164
8 Copy/ Mail Room 204
10 Hallway 314
11 City Clerk Staff 354
12 City Clerk 119
13 Clerk Storage 20
14 Grants Director 185
15 Grants Staff 277
17 Building Staff 630
18 Human Resources 110
19/20 Human Resources 352
21 Human Resources
178
Director
22 Public Counter/Plans 132
Room
23 Chief Building Official 161
24 Community
Development Director
225
25 Building Staff 215
25A Storage 95
26 Planning Staff 900
27 Planning Manager 175
28 Staff office 175
29 File Room 86
31 Women's Restroom 130
32 Men's Restroom 107
Council Chambers 372 837
56 Council Chambers
Hallway
30 City Hall Totals: 5483 786 181 2745
CCS FACILITY SERVICES 55
Finance Deptartment/Attorney Offices
Area/Room No.

Note: These numbers
correspond with the Area/Room Description Carpet Ceramic Tile City's internal tracking
system.
lP Lobby & Hallway 370
2A HDCP Restroom 105
2B Women's' Restroom 83
3P Library/Cont. Attorney 84
4AP Attorney Restroom 35
4P City Attorney 224
SP City Attorney Secretary 126
6P Deputy City Attorney 158
7P Conference Room 158
8P Accountant 140
9P Financial Services 160
10P Payroll/ Accounting 322
11P Women's' Restroom 111
12P Men's' Restroom 124
16P Accounts Payable 234
18P Accountant 151
19P Accountant 142
21/22 P Revenue Services 107
23P Revenue Services 249
24P File Room 146
25P Cashiers/ Accounting 546
30P Revenue Services 158
33P Information Systems 94
35P Finance Director 245
Finance Dept./ Attorney Totals: 3444 828
CCS FACILITY SERVICES 56
Public Works
Area/Room No.

Note: These numbers
correspond with the Area/Room Description Carpet Vinyl Plank Flooring Vinyl Composition Tile Ceramic Tile Concrete City's internal tracking
system.

Public Works Main Building
8 Office (Shared log-in station) 133
9 Public Works Admininstration 275
10 Copy Room 91
11 Conference Room 379
12 Hallway 392
13 Restroom (ADA} 80
14 Restroom (Women's) 1S3
15 PW Lobby 157
16 Office 114
17 Office 94
18 Office 120
19 Office ( PW Director} 210
20 Restroom 70
21 Office (Water / Water Quality) 423
22 Office (Water Superviso r} 144
23 Hallway 30S
Public Works Main Building · Front Section (Water Conservation} 24 Office 74
25 Office 74
26 Office 190
27 File Room 23S
28 Office/Storage 120
29 Copy Room 2SS
30 Hallway 150
31 Office Water Cons 120
32 Hallway l S0
33 Storage 75
34 Office l S0
35 Office - Water Cons 105
36 Hallway 75
37 Storage 415
38 Breakroom - Water Cons. 295
Public Works Building 2
1 Sewer Superv. 112
2 Fleet Mgr. 115
3 Facilit ies Ops Mgr 115
4 I.T. Staff 230
5 Streets Superviso r 112
6 Water/ Sewer Ops Mgr llS
7 Streets Mgr 115
8 Purchasing 230
9 Hallway 248
10 Hallway (Interior} 95
Public Works Totals: 1040 153 5514 80 323
CCS FACILITY SERVICES 57
lntermodal
Area/Room No.

Note: These numbers Exposed Aggregate or correspond with the Area/Room Description Ceramic Tile Vinyl Composite Tile City's internal tracking Concrete
system.
1 First Transit Lobby 414
2 First Transit Office 132
3 First Transit Restroom 36
4 Taxi Office 154
5 Vacant Suite (inside waiting area) 472
6 Vacant Suite Services Area 136
7 Vacant Suite Ticket Area 84
8 Vacant Suite Office 120
9 Vacant Suite Baggage 127
10 Vacant Suite Storage 80
11 Vacant Suite Men's Restroom 114
12 Vacant Suite Women's Restroom 125
13 Janitors Closet in Breezeway 24
lntermodal Totals: 275 1719 24
CCS FACILITY SERVICES 58
Frank Bergon Senior Center
Area/Room No.

Note: These numbers
correspond with the Area/Room Description Carpet Vinyl Tile City's internal tracking
system.
1 Dining Room 1536
2 TV /Pool Room 680
3 Kitchen 136
4 Pantry 32
5 Janitor Closet 20
6 Storage Room 135
7 Foyer/ Hallway 408
8 Men's Room 156
9 Women's Room 156
10 Office 130
11 Computer Lab 140
Frank Bergon Senior Center Totals: 950 2579
CCS FACILITY SERVICES 59
Pan-Am Community Center
Areo/Room No.

Note: These numbers
correspond with the Areo/Room Description Carpet Vinyl Composition Tile Seoled Concrete Ceramic Tile Vinyl Plank City's internal tracking
system.
1 Lobby 672
2 Stage 432
3 Ramp 144
4 Table/Chair Storage 130
5 Senior Storage 2 45
6 Rec. Storage 60
7 Janitor Closet 1 12
8 Closet 12
9 PCS Janitorial Closet 144
10 Electrical Room 96
11 Foyer 192
12 Janitor Closet 2 18
13 Men's Restroom - Lobby 286
14 Women's Restroom- Lobby 286
15 Rec Room 414
16 Multipurpose Room 1232
17 Hallway 150
18 Senior Office 120
19 Rec. Office 132
20 Conference Room 238
21 Men1s Restroom 104
22 Women's Restroom 91
23 Senior Storage 1 134
24 Compuer Room 280
25 Senior Kitchen 110
26 PA Room 63
Pan-Am Community Center Totals: 370 4078 445 584 120
CCS FACILITY SERVICES 60
John Wells Youth Center -1st Floor
Area/Room No .

Note: These numbers
correspond with the Area/Room Description Carpet Vinyl Taraflex Sealed Concrete Ceramic Tile City's internal tracking
system.
1 Administration 308
2 Break 276
3 Center Director 255
4 Conference Room 322
5 Copy Room 140
6 Crafts Ce nter 1387
7 Dance 432
8 Data 168
9 Electrical 71
10 Entrv Fover 1540
11 Gvm 7128
12 Gvm Stora/le 456
13 Hall 336
14 Hall 129 520
15 Janitor 114 30
16 Janitor 126 55
17 Librarv 1260
18 Men's R.R. 345
19 Men's R.R. Staff 64
20 Office 204
21 Rec reat ion Room 2254
22 Service 228
23 Storage 95
24 Studio 200
25 Suoervisor 170
26 Suoervisor 170
27 Teen Loun/le 726
28 Women's R.R. 345
29 Women's R.R. Staff 64
John Wells Youth Center -1st Floor Totals: 3225 3500 7560 3772 818 CCS FACILITY SERVICES 61
John Wells Youth Center - 2nd Floor
Area/ Room No.

Note: These numbers
correspond with the Area/Room Description Carpet Non-slip Rubber Sealed Concrete Ceramic Tile City's internal tracking
system.
1 Administration 456
2 Conference 294
3 Director 338
4 Director R.R. 64
5 Elevator 72
6 Hall 396
7 Janitor 28
8 Lobby 416
9 Manager 108
10 Manager 108
11 Manager 108
12 Manager 108
13 Manager 209 149
14 Manager 210 149
15 Men's R.R. 60
16 Reception 44
17 Stairs 276
18 Storage 64
19 Women's R.R. 60
20 Work Room 456
John Wells Youth Center - 2nd Roor Totals: 2778 276 508 192 CCS FACILITY SERVICES 62
Madera Police Department
Area/Room No.

Not e: These numbers
correspond with the Area/Room Description Carpet Vinyl Composite Tile Ceramic Tile Polished Concrete City's internal
tracking system.
1 Lobby (including public
restrooms)
827
2 Lobby Interview Room 89
3 Lobby Interview Room 89
6 Chief's Bath room 137
7 Chief's Office 308
8 Conference Room 452
9 Administrative Analyst Office 218
10 Admin Hallwav 264
11 Lieutenant 134
12 Lieutenant 134
13 Lieutenant 181
14 Admin Sergeant 181
15 Commander 134
16 Admin Supply Closet 126 DO NOT CLEAN)
17 Dispatch Supervisor 124
18 Disoatch Center 621
19 Corridor (West) 108
20 Watch Commander Office 297
21 Men's Restroom (Locker) 254
22 Men's Locker Room 141 883
24 Women's Restroom (Locker) 168
25 Women 's Locker Room 40 415
26 Property/Evidence ( 211 1641 321
27 Evidence Processinl! Room 140
28 Server Room
l(DO NOT CLEAN)
419
29 Kitchen 180
30 Break Room 550
31 Corridor (entry/exit, east) 240
32 Report Writing 246
33 Code Enforcement 887
34 Briefing Room 712
35 Outreach Sergeant 120
36 IT 80
37 Supply Closet 140
lfDO NOT CLEAN)
38 Supply Closet 127 DO NOT CLEAN)
39 Corridor (entry/exit, south) 234
40 Corridor south 269
41 Detective Sergeant 163
42 Detective's 823
43 Interview Room 52
44 Interview Room 52
45 Interview Room Bathroom 81
Roof Access Room 46 (DO NOT CLEAN) 52
47 Records Supervisor 126
48 Records 1090
49 Records Supply Closet

DO NOT CLEAN)
129
so Corridor east 490
Madera Police Department Totals: 6726 2315 1648 5211
CCS FACILITY SERVICES 63
Madera Pdice Department -SIU Building
Area/Room No.

Note: These numbers
correspond with the Areo/Room Description Carpet Vinyl Composition Tile Ceramic Tile Exposed Aggregate Rubber Matting City's internal
tracking system.
1 Entry 189
2 Office 400
4 Hallway 230
5 Men's Restroom 70
6 Kitchen 80
7 Women's Restroom 50
8 Office 400
9 Gym Area 600
Madera Police Department -SIU Building Totals: 800 230 200 J89 600 CCS FACILITY SERVICES 64
Madera Municipal Airport
Area/Room No.

Note: These numbers
correspond with the Area/Room Description Ceramic Tile
City's internal tracking
system.
1 Lounge & Halls 821
2 Men's Bathroom 144
3 Women's Bathroom 121
Madera Municipal Airport Total: 1086
CCS FACILITY SERVICES 65
Wastewater Treatment Plant
Area/Room No.

Note: These numbers
correspond with the Area/Room Description Carpet Vinyl Composite Tile City's internal tracking
system.
1 SCADA room 320
2 Conference Room 176
3 Locker Room 224
4 Restroom 110
5 Storage 45
6 Emergency Shower 63
7 Laboratory 336
8 Storage 49
9 Hallway 55
10 Restroom 33
11 Restroom 33
12 Office 126
13 Lobby 380
14 Hallway 260
15 Office 192
16 Office 192
17 Storage 144
18 Hallway 304
19 Breakroom 402
Wastewater Treatment Plant Totals: 384 3060
CCS FACILITY SERVICES 66
Engineering Office
Area/Room No.

Note: These numbers
correspond with the Area/Room Description Carpet Ceramic Tile City's internal
tracking system.
1 Lobby 265
2 Office 139
3 Office 144
4 Office 144
5 Office 136
6 Office 145
7 Office 237
8 Conference Room 570
9 Small Conf 141
10 Small Restroom 60
11 Office /Cubicle Work Stations 1635
12 Kitchen/Brea kroom 267
13 Offices 335
14 Restroom 168
15 Restroom 166
16 Storage 464
17 Hallway 342
18 Hallway 130
Engineering Office Totals: 4562 926
CCS FACILITY SERVICES 67
Madera Transit Center
Area/Room No .

Nore: These numbers
correspond wirh the Area/Room Description Carpet Polished Concrete Vinyl Composire Tile Tile Concrete City's internal tracking
sysrem.
101 Lobbv/Vestibule 438
102 Breakroom 295
103 Tra nsit Manager 220
104 Dispatch 449
105 Fare Room 73
106 Analysts 182
107 Hallwav 392
108 IT/Data 80
109 Training 288
110 Traininl! Stora/le 56
111 Lost & Found Stora/le 160
112 Restoom 128
113 Restoom 128
114 Janitor 49
115 Utility Room 231
Madera Transit Center T ota/s: 1268 1285 80 256 280
CCS FACILITY SERVICES 68
Attachment E
(SAMPLE) AGREEMENT FOR SERVICES

BETWEEN

CITY OF MADERA
AND
This Services Agreement, (hereinafter referred to as the "Agreement"), effective _____ _ is entered between the City of Madera, a municipal corporation, (hereinafter referred to as "City"), and __________ , (hereinafter referred to as "Vendor").

RECITALS
A. City desires to obtain Janitorial Services ("Services") and issued a Request for Proposals for said Services .

B. Vendor is a firm specializing in providing Janitorial Services with the necessary experience to provide desired Services to the City and submitted a proposal to the City.

C. City desires to retain Vendor to provide said Services, as detailed further herein.

D. City desires to retain Vendor, and Vendor desires to provide City with the Services, on the terms and conditions as set forth in this Agreement.

NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Vendor agree as follows:

TERMS AND CONDITIONS

1. Term. The term of this Agreement shall be for a three-year period effective from the date first set forth above and shall continue in full force and effect for three (3) year(s) unless otherwise terminated by the City. The term may be extended by the City Manager in writing, if extension limited to term only, and if mutually agreed to at least 90-days in advance of expiration, for a period not to exceed three (3) additional one-year extensions.

2. Scope of Work. Vendor shall provide Services described in Exhibit A which is attached and incorporated by reference.

2.1. Vendor acknowledges and agrees that any Services he/she/they provides to City shall be on a non-exclusive basis.

2.2. The parties acknowledge and agree that the Vendor, in the performance of this Agreement and the authority delegations provided for in this Agreement and Exhibit A hereto, shall exercise his/her /their independent judgment and shall not take direction, directly or indirectly, in connection therewith from the City 1 CCS FACILITY SERVICES 69
Manager, the Mayor, the City Council (or any member thereof), or any other person.

2.3. Vendor represents and warrants that he/she/they is qualified to provide services described in Exhibit A meeting all experience, training, and current requirements thereunder.

3. Compensation. City shall pay Vendor as follows :

3.1. Vendor shall be compensated in accordance with Exhibit B which is attached and incorporated by reference.

3.2. Vendor shall bill City monthly and submit billing to City within five days from the end of each month. For each billing received by the fifth day of the month, the City shall make payment therefore by the 22nd day of the month. Billings submitted to City must be itemized by location.

4. Termination. Remedies and Force Majeure.

4.1. This Agreement shall terminate without any liability of City to Vendor upon thirty (30) business days prior written notice by City to Vendor or by Vendor to City.

4.2. In the event of such termination, Vendor shall be paid for all services provided to the City to date of termination.

4.3. Upon any termination or expiration of the Agreement, City may (i) exercise any right, remedy (in contract, law, or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic, and incidental damages for the breach of the Agreement.

4.4. Vendor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of Vendor and without its fault or negligence, such as : acts of God or the public enemy; acts of City in its contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes; unusually severe weather; and delays of common carriers. Vendor shall notify City Manager in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to City Manager of the cessation of such occurrence.

5. Indemnification and Insurance.

5.1. Indemnification and Defense. Vendor shall indemnify, defend, and hold harmless the City, its officers, employees, agents and volunteers ("City indemnitees"), from 2 CCS FACILITY SERVICES 70
and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels' fees and costs of litigation ("claims" ), arising out of the Vendor's performance of its obligations under this agreement or out of the operations conducted by Vendor, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Vendor's performance of this agreement, the Vendor shall provide a defense to the City indemnitees, or at the City's option, reimburse the City indemnitees their costs of defense, including reasonable legal counsels' fees, incurred in defense of such claims.

5.2. Insurance. Vendor shall obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit C attached hereto and incorporated herein by this reference. All insurance policies shall be subject to City approval as to form and content. Vendor shall provide City with copies of required certificates of insurance upon request.

5.3 The provision will survive expiration or termination of this Agreement.

6. Conflict of Interest. Prior to City's execution of this Agreement, Vendor shall complete a City of Madera Conflict of Interest Disclosure Statement. Said Statement is attached hereto as Exhibit D and incorporated herein by reference. During the term of this Agreement, Vendor shall have the obligation and duty to immediately notify City in writing of any change to the information provided by Vendor on Exhibit D.

7. 6.1. Vendor shall not employ or retain the services of any person while such person either is employed by City or is a member of the City Council, any City commission, board, committee, or similar City body. This requirement may be waived in writing by the City Manager if no actual or potential conflict is involved.

6.2. Vendor shall comply with all applicable laws, rules, regulations, and professional canons/requirements governing avoidance of impermissible client conflicts, including without limitation the requirements of the California Political Reform Act (Government Codes Section 87100 et seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et seq.).

6.3. Vendor represents and warrants that as of the effective date hereof, he/she/they represents no client whose interests are adverse to the City's.

6.4. This Section 6 shall survive expiration or termination of this Agreement.

Nondiscrimination. Vendor shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, color, creed, religion, sex, sexual preference, national origin, ancestry, ethnicity, age, marital 3 CCS FACILITY SERVICES 71
status, status as a disabled veteran or veteran of the Vietnam era, medical condition, or physical or mental disability. During the performance of this Agreement, Vendor will comply with all laws and regulations, as applicable. Specifically, no person in the United States shall, on the grounds of race, color, creed, religion, sex, sexual preference, national origin, ancestry, ethnicity, age, marital status, status as a disabled veteran or veteran of the Vietnam era, medical condition, or physical or mental disability be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement.

8. Invalid Provisions. The provisions of this Agreement are severable. In the event any term, covenant, condition or provision of the Agreement, or the application thereof to any person, entity, or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, covenants, conditions or provisions of this Agreement, or the application thereof to any person, entity, or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated, provided that such invalidity, voiding or unenforceability of such covenant, condition or provision does not materially prejudice either party in its respective rights and obligations contained in the then remaining valid covenants, conditions or provisions of this Agreement.

9. Independent Contractor. Vendor is and throughout this Agreement shall be an independent contractor and not an employee, partner, or agent of the City. However, City shall retain the right to verify that Vendor is performing his respective obligations in accordance with the terms hereof.

9.1. Because of his status as an independent contractor, Vendor shall have absolutely no right to employment rights and benefits available to City employees. Vendor shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare, and retirement benefits. In addition, together with his other obligations under this Agreement, Vendor shall be solely responsible for all matters relating to employment and tax withholding for and payment of Vendor's employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in City employment benefits, entitlements, programs and/or funds offered employees of City whether arising by reason of any common law, de facto, leased, or co- employee rights or other theory. It is acknowledged that during the term of this Agreement, Vendor may be providing services to others unrelated to City or to this Agreement.

10. Partnership/Joint Venture. This Agreement does not evidence a partnership or joint venture between Vendor and City. Unless specifically provided for herein, the Vendor 4 CCS FACILITY SERVICES 72
shall have no authority to bind the City absent City's express written consent. Except to the extent otherwise provided in this Agreement, Vendor shall bear his own costs/expenses in pursuit hereof.

11. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally or deposited into the United States mail, by registered or certified mail, return receipt requested with postage prepaid, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice.

11.1. Personal service, as aforesaid, shall be deemed served and effective upon delivery thereof. Service by mail, as aforesaid, shall be deemed to be sufficiently served and effective as of 12:00:01 AM, on the fourth (4th ) calendar day following date of deposit in the United States mail of such registered or certified mail, properly addressed and postage prepaid.

12. Assignment. Neither this Agreement nor any duties or obligations hereunder shall be assignable by Vendor without the prior written consent of City. In the event of an assignment to which City has consented, the assignee shall agree in writing to personally assume and perform the covenants, obligations, and agreements herein contained. In addition, Vendor shall not assign the payment of any monies due Vendor from City under the terms of this Agreement to any other individual, corporation, or entity. City retains the right to pay any and all monies due Vendor directly to Vendor.

13. Non-Solicitation. Vendor represents and warrants that he has not paid or agreed to pay any compensation, contingent or otherwise, to solicit or procure this Agreement or any rights/benefits hereunder.

14. Compliance with Law. In providing the services required under this Agreement, Vendor shall at all times comply with all applicable laws of the United States, the State of California and City, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement.

15. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California . Venue for purposes of the filing of any case, controversy or proceeding regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Madera County, California.

16. Attorney's Fees. If either party is required to commence any proceeding or legal action to enforce any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable 5 CCS FACILITY SERVICES 73
attorney's fees and legal expenses in addition to any other relief to which such party may be entitled .

17. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement.

Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.

18. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.

19. General Provisions.

20. 19.1. Once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees, and representatives.

19.2. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify, or add to the interpretation or meaning of the provisions of this Agreement.

19.3. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning.

19.4. In the event of any conflict between the body of this Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the Exhibit or Attachment. Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement, shall be null and void.

19.5. The rights, interests, duties, and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties.

Final Agreement. This Agreement and any documents, instruments and materials referenced and incorporated herein represents the entire agreement between the parties 6 CCS FACILITY SERVICES 74
with respect to the subject matter hereof and supersedes all prior agreements between City and Vendor. This Agreement may be modified only by written instrument duly authorized and executed by both City and Vendor.

Notice. Any notice required pursuant to this Agreement shall be deemed delivered if given in writing, mailed with postage prepaid, addressed and directed as follows (or at such other address as the parties may from time to time designate by written notice) CITY:

City of Madera
Attn: Arnoldo Rodriguez
205 W. 4th Street
Madera, CA 93637
Phone: 559-661-5400
Email : arodriguez@madera .gov
VENDOR:

Phone:

Email:

IN WITNESS WHEREOF, the parties have executed this Agreement at Madera, California, the day, and year first above written.

CITY OF MADERA
a municipal corporation
By:

Santos Garcia, Mayor
Date:

ATTEST:

By:

Alicia Gonzales, City Clerk

APPROVED AS TO FORM
By:

Shannon L. Chaffin, City Attorney
Exhibits:

Exhibit A - Scope of Work
Exhibit B - Schedule of Compensation
Exhibit B - Insurance Requirements
VENDOR
By:

Date: --------------
Date: ____________ _
Date: -------------
Exhibit C - Conflict of Interest Disclosure Form
7 CCS FACILITY SERVICES 75

EXHIBIT A

SCOPE OF SERVICES
CCS FACILITY SERVICES 76

EXHIBITB

SCHEDULE OF COMPENSATION
CCS FACILITY SERVICES 77
A. Insurance Requirements .

EXHIBITC

INSURANCE REQUIREMENTS
Vendor shall maintain limits no less than:
• $2,000,000 General Liability (including operations, products and completed operations) per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage form CG 00 01. General liability policies shall be endorsed using ISO forms CG 20 10 to provide that the City and its officers, officials, employees, and agents shall be additional insureds under such policies.
• $2,000,000 Automobile Liability combined single limit per accident for bodily injury or property damage at least as broad as ISO Form CA 00 01 for all activities of Vendor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles. Automobile Liability policies shall be endorsed to provide that the City and its officers, officials, employees, and agents shall be additional insureds under such policies. • Worker's Compensation as required by the State of California and $1,000,000 Employer's Liability per accident for bodily injury or disease. Vendor shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers.
• $1,000,000 Pollution Liability per claim. Coverage shall be provided on a Contractor's Pollution Liability form or other form acceptable to the City providing coverage for liability arising out of sudden, accidental, or gradual pollution and remediation. Such insurance shall also include but shall not be limited to any coverage required to meet all State and Federal requirements relating to the removal, transfer, use, or other activity involving hazardous or contaminated materials. The City, its officials, officers, agents, and employees shall be included insureds under the policy.

Maintenance of Coverage
Vendor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Vendor, his agents, representatives, employees, subcontractors, or subconsultants as specified in this Agreement.

Proof of Insurance
Vendor shall provide to the City certificates of insurance and endorsements, as required, as evidence of the insurance coverage required herein, along with a waiver of subrogation CCS FACILITY SERVICES 78
endorsement for workers' compensation. Insurance certificates and endorsements must be approved by the City prior to commencement of performance. Current evidence of insurance shall be kept on file with the City at all times during the term of this Agreement. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.

Acceptable Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and a Financial Size Category Class VII (or larger), in accordance with the latest edition of Best's Key Rating Guide.

Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers, or shall specifically allow Vendor, or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. Vendor hereby waives its own right of recovery against the City and shall require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.

Enforcement of Contract Provisions (non estoppel)
Vendor acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Vendor of non-compliance with any requirement imposes no additional obligations on the City, nor does it waive any rights hereunder.

Specifications not Limiting
Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If Vendor maintains higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Vendor.

Notice of Cancellation
Vendor agrees to oblige its insurance agent or broker and insurers to provide to the City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage.

CCS FACILITY SERVICES 79
Self-insured Retentions
Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible.

Self-insurance will not be considered to comply with these specifications unless approved by the City's Risk Manager.

Timely Notice of Claims
Vendor shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Vendor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies .

Additional Insurance
Vendor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgement may be necessary for its proper protection and prosecution of the Work.

CCS FACILITY SERVICES 80

EXHIBITD

DISCLOSURE OF CONFLICT OF INTEREST
YES* NO
1 Are you currently in litigation with the City of Madera or any of its agents?
2 Do you represent any firm, organization or person who is in litigation with the City of Madera?
3 Do you currently represent or perform work for any clients who do business with the City of Madera?
4 Are you or any of your principals, managers or professionals, owners or investors in a business which does business with the City of Madera, or in a business which is in litigation with the City of V/
)
Madera?
5 Are you or any of your principals, managers, or professionals, related by blood or marriage to any City of Madera employee who has any significant role in the subject matter of this service? 6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project?
* If the answer to any question is yes, please explain in full below.

Signature
(name)
(address)
(city state zip)
Additional page(s) attached.

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: January 15, 2025
_________________________________ Agenda Number: ___________ Wendy Silva, Human Resources Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Extension of Advanced Metering Infrastructure Agreement with Sensus USA Inc.

RECOMMENDATION:

Adopt a resolution ratifying the previous agreement extension and providing authority to the City Manager to sign all documents necessary to effectuate extensions of the Sensus USA Inc.

Advanced Metering Infrastructure Agreement
SUMMARY:

In 2009, the City embarked on an initiative to replace outdated water meters with new equipment featuring automatic reading capabilities. In 2014, an upgrade of the meter reading data collection system components and software was approved and the City entered an Advanced Metering Infrastructure (AMI) Agreement with Sensus USA Inc. (Sensus) dated January 5, 2015, for equipment and software. The AMI Agreement was for an initial five (5) year term, with extensions of term length thereafter if agreed to by both parties. The AMI Agreement was amended in September 2019 to update the software system at that time. While the AMI Agreement was amended as to the portion relating to software in September 2019, an official term extension for the over-arching AMI Agreement was not effectuated, though both the City and Sensus have been operating under the assumption that the extension was effectuated with the First Amendment. At this time, staff is recommending ratification of the initial term renewal for the AMI Agreement and continued renewal of the agreement with the authority to approve term renewals delegated to the City Manager.

DISCUSSION:

In 2009, in response to State requirements, the City began replacing manual-read water meters with upgraded meters with automatic meter reading capability for residential and commercial customers. Because Sensus produces the system’s components, including the water meters with automatic-read capability, the base stations, and the software enabling its operation, the City entered a 5-year agreement with Sensus, dated January 5, 2015, to provide software and B-5
technical support. In September 2019, the City approved a First Amendment to the AMI Agreement to effectuate a software upgrade.

The AMI Agreement contains several sections, one of them being Software-as-a-Service (SAAS).

The SAAS section states that Sensus will provide the City with SAAS "so long as the Customer is current in its payments for such services." Based on that language, the City has paid for such service annually and continues to benefit from the SAAS provision, a sub-section of the main AMI Agreement.

While Public Works staff was operating under the assumption that the 2019 First Amendment and annual extension of the SAAS portion of the Agreement thereafter extended the over-arching AMI Agreement in its entirety, to be transparent, staff is now bringing the matter forward to Council to ratify the first extension of the AMI Agreement that was presumed to have occurred when the AMI Agreement was amended, approve a current extension effective January 2025 to January 2030, and provide authority for the City Manager to execute all term-length extensions of the same Agreement terms and conditions. In reviewing the historical actions and making this recommendation at this time, staff believes the City would not have entered into the 2019 First Amendment if it did not intend to continue the AMI Agreement as this incurred a financial investment and multi-year commitment to the software upgrade as detailed in the applicable report included in the published agenda for September 18, 2019, and provided as Attachment 3 to this report for reference.

Sensus has confirmed that they concur the existing agreement still stands as valid and is not requesting a new agreement with new terms and conditions at this time. In the event additional amendments or modifications are needed to the agreement in the future beyond term extension, such requests will be brought to the City Council for consideration of approval or denial.

FINANCIAL IMPACT:

The funds for this agreement have been appropriated in the Fiscal Year (FY) 2024/25 Water Fund and no new appropriations are requested.

ALTERNATIVES:

The City Council may direct staff to seek a new agreement with terms and conditions to be determined or may direct staff to evaluate a different provider for the AMI system.

ATTACHMENTS:

1. Resolution
a. Exhibit 1: Initial term extension letter extending the AMI Agreement term to January 2025
b. Exhibit 2: Second term extension letter extending the AMI Agreement term to January 2030

2. Report to City Council regarding Sensus USA Inc. AMI Agreement with Resolution 14-217

3. Report to City Council regarding AMI Agreement Amendment 1 with Resolution 19-163 Attachment 1: Resolution
RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, RATIFYING EXTENSION OF THE SENSUS USA INC. AUTOMATIC METERING INFRASTRUCTURE AGREEMENT

AND GRANTING THE CITY MANAGER WITH CONTINUING AUTHORITY TO EFFECTUATE

EXTENSIONS OF THE AGREEMENT
WHEREAS, the City maintains a system of automatic-read water meters; and WHEREAS, the City entered into an agreement dated January 5, 2015, with Sensus USA Inc. for an initial term of five (5) years that includes software maintenance and technical support for this system; and
WHEREAS, the City and Sensus USA Inc. entered into a First Amendment to the Agreement in September 2019 that amended the Software-as-a-Service section of the Agreement and provided for annual renewals of the software licensing upon payment of licensing fees; and
WHEREAS, City staff and Sensus USA Inc. have operated with an understanding that the 2019 First Amendment extended the Agreement term; and
WHEREAS, current staff has determined that no formal action was presented to the City Council specific to the Agreement extension beyond the First Amendment, however both the City and Sensus USA Inc. have considered the Agreement to be current and valid; and WHEREAS, staff is recommending the presumed extension of the initial Agreement be ratified by the City Council and the agreement remain in effect at this time.

NOW THEREFORE, THE COUNCIL OF THE CITY OF MADERA, hereby resolves, determines, finds, and orders as follows:

1. The above recitals are true and correct.

2. The City Council ratifies the initial term extension of the Automatic Metering Infrastructure Agreement with Sensus USA Inc. effective January 5, 2020, to January 4, 2025, attached as Exhibit 1 and incorporated herein.

3. The City Council approves the current Agreement extension for an additional five (5) years from January 5, 2025, to January 4, 2030, attached as Exhibit 2 and incorporated herein.

4. The City Manager is authorized to execute all documents necessary to effectuate the Agreement extensions and is also authorized to execute future term extensions if there are no other changes to the Agreement terms and conditions.

5. The resolution is effective immediately upon adoption. * * * * * * * *
Exhibit 1: Initial term extension letter extending the AMI Agreement term to January 2025
637 Davis Drive
Morrisville, NC USA
www.sensus.com
1 February 12, 2021
Vonny McPherson
Water Meter and Conservation Supervisor
City of Madera, Public Works
1030 South Gateway Drive
Madera, CA 93637
Re: Advanced Metering Infrastructure Agreement between
Dear Vonny:

Sensus USA Inc. (“Sensus”) and the City of Madera (“Customer”) entered into an Advanced Metering Infrastructure Agreement on January 5, 2015 (“Original Agreement”); and subsequently modified said Original Agreement in accordance with a First Amendment to the Original Agreement on September 18, 2019 and a Letter of Correction to Exhibit A on November 21, 2019 (collectively the “Agreement”).

The Agreement provided for, among other items, an initial five (5) years Term, provided that it may be extended for a longer period by written agreement.

The parties would like to continue the Agreement and, by signing below, hereby agree to extend the Term for an additional five (5) years. Please sign below to consent to extend the Agreement until January 5, 2025.

Further, by signing below, you acknowledge and agree that all other terms and conditions of the Agreement, hereby remain in full force and effect. Please return a signed copy of this letter to me at your earliest convenience.

The exchange of executed copies of this letter by facsimile, portable document format (PDF) transmission, or other reasonable form of electronic transmission shall constitute effective execution and delivery of this Letter.

Sincerely,
Tim Harriger
Vice President Sales – NA Water
Sensus USA Inc.

ACKNOWLEDGED AND AGREED:

City of Madera
Signature:

Name:
-sensus
a xylem brand
Exhibit 2: Second term extension letter extending the AMI Agreement term to January 2030
639 Davis Drive
Morrisville, NC USA
www.sensus.com
1 December 11, 2024
Vonny McPherson
Water Meter and Conservation Supervisor
City of Madera, Public Works
1030 South Gateway Drive
Madera, CA 93637
Re: Advanced Metering Infrastructure Agreement between
Dear Vonny:

Sensus USA Inc. (“Sensus”) and the City of Madera (“Customer”) entered into an Advanced Metering Infrastructure Agreement on January 5, 2015 (“Original Agreement”); and subsequently modified said Original Agreement in accordance with a First Amendment to the Original Agreement on September 18, 2019, a Letter of Correction to Exhibit A on November 21, 2019, and a Letter of Extension on February 12, 2021 (collectively the “Agreement”).

The Agreement provided for, among other items, an initial five (5) years Term, provided that it may be extended for a longer period by written agreement, and a Letter extending the Agreement to January 5, 2025.

Sincerely,
Tyler Moore
Vice President Sales – NA Water
Sensus USA Inc.

ACKNOWLEDGED AND AGREED:

City of Madera
Signature:

Name:
sensus
a xylem brand
Attachment 2: Report to City Council regarding Sensus USA Inc. AMI Agreement with Resolution 14-217
SUBJECT:

REPORT TO CITY COUNCIL
MEETING DATE: December 17, 2014
AGENDA ITEM NUMBER: B-3
~--·····AP.Proved by:

C-T---.~ \ c:2-il

PUBLIC WORKSOPERATIONS DIRECTOR

CITY ADMINISTRATOR
Consideration of a Resolution Approving an Agreement with Sensus USA Inc. for Sensus FlexNet AMI Software Upgrade and Software Maintenance and Authorizing the Mayor to Sign the Agreement on Behalf of the City of Madera.

RECOMMENDATION:

Staff recommends that the Council adopt the proposed resolution approving an agreement with Sensus USA Inc. to perform a software upgrade to the City's aging Sensus FlexNet AMI system and provide annual maintenance to the system.

SUMMARY:

The City of Madera previously purchased a Sensus FlexNet AMI System in February 2010 in order to begin monitoring water meters. After three separate water meter installation projects, the system currently monitors over 16,000 installed Sensus Water Meter SmartPoints. The servers to receive and store water meter readings are now out of date as is the original version of the Sensus FlexNet AMI Software. This agreement with Sensus is for a Software as a Service (SaaS) and will migrate the pre-existing software to a hosted solution with current features and functionality which is necessary in order to maintain the integrity of our water meter readings.

DISCUSSION:

In 2010, the City of Madera began monitoring the City's water meters using the Sensus FlexNet AMI software and new Dell servers were installed at the time to host the software and store the meter reads. Due to our current system version, age of the servers and need for better reporting and customer service options, an update to the software is required.

The version for the FlexNet system in use by the City is the original release (RNI 1.X) and is significantly behind the current Sensus version RNI 3.30 release. As a result, it has passed the manufacturers end of life and Sensus will not participate in advanced support.

Additionally, the Dell servers have surpassed their warranty and acknowledged lifespan of three to five years. Due to their age, the possibility of the servers malfunctioning becomes a much higher probability. If the servers crash, Sensus cannot guarantee they can get the meter read information back. To get a new server it is currently taking over 120 days; however the possibility exists that Sensus will not be able to build one that can be used for our current system. As a result, it is very important to upgrade the system to make sure it continues to operate properly. Sensus is proposing a hosted/cloud based solution, a Saas. With this system there will be no servers to be maintained at or by City of Madera staff. The RNI will be housed in one of two data centers and mirrored at the other one. This means that Sensus will be maintaining the server and security of the data.

One of the largest benefits to the City will be "Logic". Logic is a Meter Data Management (MDM) software that is used with the latest version of the FlexNet (AMI System). Logic will provide the City with new reporting options as well as helping take a proactive approach to maintaining the water distribution system. For instance, Logic has the following tools at its disposal; monitoring vacant properties in order to deliver alerts about possible acts of theft, identifying potential water system leaks, setting priority levels for different users, and identifying consumer side leaks. As a result, the system will greatly assist in scheduling reports that will help with work order prioritization and providing information that will assist in dealing with customers.

The agreement with Sensus USA Inc. will provide the following services:
• Migration of existing Meter Data Management (MDM) meter reading data to a hosted data-center environment.
• Complete "Turn-key" upgrade migration service for currently installed software setups and servers to the most current version.
• Installation, configuration and validation of Logic MDM Software. • Three days of onsite training.
• Annual support and maintenance for continued operation of FlexNet AMI System components.

Additionally, it should be noted that the conditions of the agreement are not completely ideal.

Specifically, the City takes exception to section Sb of the agreement which limits Sensus' liability to what the City has paid them or $10,000. City staff attempted to negotiate alternative language but was unsuccessful. The terms of the agreement were presented by the vendor as being fixed and nonnegotiable. As a result, due to the need to maintain our current water meter data collection system and the lack of a viable alternative, staff recommends signing the agreement with Sensus USA, Inc.

FINANCIAL IMPACT:

The financial cost of this software upgrade will be spread out over five years. The cost of the first year is $34,020 and includes implementation of the software, the hosted service, and staff training. Years two through five will cost $21,200 a year and include the hosted service and annual maintenance. Below is a breakdown of the costs and what year each cost occurs.

I. Software Services
RNI with LOGIC, Hosted Service (Year 1)
RNI with LOGIC, Implementation (One-Time)
II. Installation & Training Services
Standard Training: RNI & LOGIC
Total Cost
$16,000
$12,500
Subtotal $28,500
$5,520
Sub Total $5,520
Total Year One Costs $34.020
Ill. Annual Support & Maintenance
RNI with LOGIC, Hosted Service
TGB & Spectrum Annual Maintenance
Yearly Maintenance Fee
Total over 4 years
$16,000
$5,200
$21,200
$84.800
Payment Due
Year 1
Year 1
Year 1
Annually years 2-5
Annually years 2-5
The costs for the first year of this agreement are currently included in the 2014/15 Fiscal Year Budget of the Water Fund. There are no impacts to the General Fund.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

This proposed action is consistent with the Madera Vision Plan, specifically under:
• Action 434.1: Increase water-usage monitoring through meter reading and water-patrol to increase conservation.

RESOLUTION NO. 14-217

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA
APPROVING AN AGREEMENT WITH SENSUS USA INC. FOR

SENSUS FLEXNET AMI SOFTWARE UPGRADE AND SOFTWARE

MAINTENANCE AND AUTHORIZING THE MAYOR TO SIGN THE

AGREEMENT ON BEHALF OF THE CITY OF MADERA
WHEREAS, The City is in need of updating the current Sensus Flexnet AMI Software for meter reading purposes and software maintenance; and WHEREAS, The City has determined that it is prudent to obtain professional services from a firm with the unique skills to provide such an upgrade and future maintenance; and
WHEREAS, The City has determined that Sensus USA Inc. has unique and appropriate skills and capacities to perform said upgrade and future maintenance; and
WHEREAS, An agreement with Sensus USA Inc. to provide said services has been developed to the satisfaction of both parties; and

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA HEREBY finds orders and resolves as follows:

1. The above recitals are true and correct.

2. The Agreement with Sensus USA Inc. to provide for Sensus Flexnet AMI Software Upgrade and Software Maintenance, a copy of which is on file in the office of the City Clerk and referred to for particulars, is hereby approved. The Mayor is authorized to execute the Agreement on behalf of the City.

3. This resolution is effective immediately upon adoption.

Res. 14-217
PASS ED AND ADOPTED by the City Council of the City of Madera this 1 ih day of December, 2014 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

ATTEST:

Council Members Poythress, Oliver, Rigby, Bomprezzi, Medellin, Holley, Robinson.

None.

APPROVED:
;t»Jt(Q
ROBERT L. POYTHR~, Mayor
APPROVED AS TO LEGAL FORM:

BRENT RIC ARDSON, City Attorney
' .
-- sensus
Advanced Metering Infrastructure (AMI) Agreement
between
City of Madera
("Customer")
and
Sensus USA Inc.
("Sensus")
IN WITNESS WHEREOF, the parties have caused this AMI Agreement ("Agreement'') to be executed by their duly authorized representatives as of the day and year written below. The date of the last party to sign is the "Effective Date." This Agreement shall commence on the Effective Date and continue for/until: 5 Years ("Term"), provided that it may be extended for a longer period by written agreement.

This Agreement contains two parts: Part (1) is The FCC Notification for Spectrum Manager Lease, to be filed with the FCC by Sensus on behalf of the Customer and Part (2) Is a AMI Agreement between Sensus and Customer. Together, these two parts create the Agreement.

Sensus USA Inc. / fl J
By: I',+;, 1/-
Name: T-n/1\ }JA Alt~ EA.

Title: Kl l r CL i-o" "~ s'7t \,-r
Date: 1 /S:/ /J
Custom~ r: c1~/J
By: N·''~~
Name: R~b;rtL.Poythress
Title: Mayor
Date: 12/18/14
Contents of this Agreement:

Part 1: Notification for Spectrum Manager Lease
Part 2: AMI Agreement
Exhibit A Software as a Service
Exhibit B Technical Support
CONFIDENTIAL I Page 1 or 10
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Part 1: Notification for Spectrum Manager Lease
In order for Sensus lo apply to the FCC on the Customers behelrfor a spectrum manager lease, Customer must complete \he informatlon below In boxes one (1) through ten (10) and certify via authorized signature. Customers signature will Indicate that Customer aulhortzes Sensus lo me the spectrum manager lease noUflcallon on FCC Form 608 with Iha Customer as spectrum Lessee, and if Customer does not already have one, ownership disclosure lnfomiallon on FCC Form 602.

Cuetomer/Leesee Name: City of Madera
Attention To: Ted Uyesaka I Name of Real Party In Interest: City of Madera Street Addreu: 205 w. 4" Street
State: CA I Zip: 93637
Fax: 559-674-2972 I Email: [email protected]
Is Customor contact lnfO(mallon same as above? @No (If No, complete box 2 below) Addllfonnl Customnrll.ouoa Confu l lnlormaUon
~ •nvName: Citv of Madera
Attention To: Dave Randall
Street Addren: 1030 S. Gateway Drive
State: CA I zip: 93637
Fax : 559-661-0760 I Email: [email protected]
Cuslomer/Lessee is a{n) (Selecl ono): I D Unincorporated Association I 181Government EnUty I OC<lrpo,e on I O Limited Liability Company I Partnership Ollmiled Par100rshlp I Liability Partnership I I D other City: Madera
Phone: 559-661-5400
City: Madera
Phone: 559-661-5466
FCC Form 802: FCC File Number of Customer's Form 602 Ownership lnfomiallon: ___ . If Customer has not filed a Form 602, Sensus will flle one for Customer. Please complete questions 5, 6, and 7 below if Customer does !12! have a F= 602 on file.

Customer must com leleifems 8.9 ano 10irres ,e ofwhelherCustomerhas a,, ownen;hl re rtO<'I me, I Customer Tax ID: 94-6000365
lnrllvldunl Contact For FCC Mattera
Please designale one Individual (1ha Director of Public Wort<s or similar person) who is responsible to the FCC tor the operation of Iha FlexNet radio system. This parson would need lo obtain his or her own personal FRN (FCC Reglslrallon Number) by going lo Iha link below and complellng the individual FRN reglslralion.

Name Ted Uyesaka
Tille: IS Manager
Email: [email protected] I Phone: 559-661-5400 Personal FRN:

Link for obtaining personal FRN: hl1p1:l/appa.lcc.gov/coreaWeb/regEntftyTypt.do Ownership Disclosure Information
If Customer/Lessee is a government entity, 11st the names of the Mayor and all Council Members below, as well as vertfy clUzenship and ownership interests In any entity regulated by Iha FCC. Such ownership must be disclosed where a mayor/council member owns 10% or more, directly or Indirectly, or has operaUng control of any enlity subject lo FCC regulation.

Ir anv answer to Ownership auesUon is Yes, or anv answer to CiUzenshio ouasUon is No. orovlde an allachment with further exrnanallon.

US CIUzen? Ownershlo Disclosure?
Mayor: Robert L. Poythress
181Yes 181No
Council Member: Sally J. Bomprezzl
181Yes 181No
Council Member: Andrew J. Medellin
181Yes OYes 181No
Council Member: WIiiiam Olivar
181Yes 181No
CONFIDENTIAL I Page 2 of 10
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Council Member: Derek 0. Robinson Sr, 181Yes 181No
Council Member: Charles F. RJgby
181Yes 181No
Council Member: Donald E. Holley 181Yes OYas 181No
Council Member:

Council Member:

Council Member:
8111c Quallflotllon lnlormallon
1) Has Iha Customer or any party to this application had any FCC station aulhorlzallon, license, or construction permit revoked or had any 181No appllcatlon for an lnlllal. modification or renewal of FCC station authorlzallon. llcense or construction cermil denied bv the Commission? 2) Has the Customer or any party lo this filing, or any party directly or lndlrecUy controlling lhe Customer or any party to this filing ever been 181No convicted of a felonv bv anv stale or federal court? 3) Has any court finally ac!Judged the customer or any party directly or Indirectly controlling the Customer guilty of unlawtuay monopolizing or allempllog lo unlawfully monopolize radio communlcaUon, directly or lndlrecOy, through control or manufacture or sale of radio apparatus, exclusive 181No traffic arranQement. or aM other means or unfair melhods of comoetttlon? Cuatomet/Leeuo Cartlncalfon Statement,
1 l The Customer/Lessee aorees that the Lease Is not a sale or transfer of the license Itself. 181Yes 2) The Customer/Lessee acknowledges lhat it Is required to comply with the Commission's Rules and Regulallons and other applicable law at all Umes, and If the Customer/Lessee fails to so comply, the Lease may be revoked, cancelled, or terminated by either the Licensee or the 181Yes Commission,
3) The Cus1omer/Lessee certlRes that neither II nor any other party to the Applicatlon/Notlflcation is subject to a denial of Federal benefits pursuant to Sectlon 5301 of the Anti-Drug Abuse Act of 1988, 21 U,S.C § 862, because of a conviction for possession or distribution of a controlled substance 181Yes (See Section 1.2002(b} of the rules. 47 CFR § 1.2002\b}, for the deHn!tlon of "2a!:!z: lo the ae2llcatlon' as used In this certification.} 4) The Customer/Lessee hereby accepts Commission oversight and enforcement consistent with the llcense and lease authorization. The Lessee acknowledges Ilia! It must cooperate fully wtth any lnvestlgatlon or inquiry conducted either by the Commission or the Licensee, allow the 181Yes Commission or the Licensee to conduct ori-slle Inspections of transmission facilities, and suspend operations at Ille dlrectlon of the Commission or the Licensee and to the extent that such susoenslon or ooeraUon would be consistent with applicable Commission collcles. 5) The Customer/Lessee acknowledges that In the event an authorization held by a Licensee that has associated wllh ii a spectrum leasing arrangement that is the subject of this nllng Is revoked, cancelled, terminated, or otherwise ceases lo be in effect, the Customer/Lessee will have no 181Yes conUnulng authority to use the leased spectrum and will be required to terminate its operations no laler than the date on which the Licensee ceases to have any authority to operate under the license. unless otherwise authorized bv lhe Commission. 6) The Customer/Lessee agrees the Lease shall not be assigned to any entity that Is not eligible or qualified to enter into a spectrum leasing 181Yes arranaemenl under the Commission's Rules and Reaulallons. 71The Customer/Lessee waives any claim 10 lhe use of any partlcular frequency or of the eleclromagnetlc spectrum as against the regula1ory power 181Yes or the United Slates because of the orevlous use of the same, whether bv spectrum lease or otherwise. 8) The Customer/Lessee certlHes that II ls not In default on any payment for Commission licenses and that It ls not delinquent on any non-laK debt 181Yes owed to anv federal aaencv, The Cuatamer/Lenae certJHea that all of 111 atatamanta made fn thta Appllcallon/Nottncat1on and In the 1chedulaa, exhtbtta, attachment,, or document, Incorporated by reference are matariaf, are part of th la and are true, complete, correct, and made In good faith. The Cuetomer/Lenee 1hall notify Sen1u1 In wrlttng rn the event any Information aupplled on tflf1 form changea.

T o or Printed Namo of Part Authorized to Sf n
First Name: Ml: Last Name: Suffix:

Robert L Poythress
Tftle: Cuslomer Name:

Mayor City of Madera
12/18/14
WILLFUL FALSE STATEMENTS MADE ON THIS FORM OR ANY ATTACHMENTS ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. Code, Title 18, Section 1001) AND/OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT (U.S. Cade, Tttle 47, Section AND/OR FORFEITURE (U.S. Coda TIiie 47, Section 503).

CONFIDENTIAL I Page 3 ol 10
-- se1nsus
Part 2: AMI AGREEMENT

1. Equipment.

A. Purchase of Equipment. Customer shall purchase all Equipment from Sensus' authorized distributor pursuant to the terms and conditions (including any warranties on such Equipment) agreed by Customer and Sensus' authorized distributor. This Agreement shall not affect any terms and conditions, including any warranty terms, agreed by Customer and Sensus' authorized distributor. If Customer elects to purchase any equipment or services directly from Sensus, or if Customer pays any fees or other costs to Sensus, then Sensus' Terms of Sale shall apply. The "Terms of Sale' are available at:
hl1D://na,[email protected], or 1~00-METER-IT.

B. THERE ARE NO WARRANTIES IN THIS AGREEMENT, EXPRESS OR IMPLIED. SENSUS EXPRESSLY DISCLAIMS ANY AND ALL

REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS, EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, REGARDING ANY MATTER IN

CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT AND TITLE.

2. Services.

A. Installation of Equipment, Installation services will be as agreed between the Customer and Sensus' authorized distributor. Sensus will not provide Installation services pursuant to this Agreement.

B. Software Implementation. Sensus shall install and conllgure the Software and shall Install the Software on the Server Hardware.

C. IT Systems Integration Services. Integration of the Software into Custome(s new or existing Internal IT systems Is not Included in this Agreement.

D. Technlcal Support. Sensus shall provide Customer the technical support set forth In Exhibit B.

E. Project Management. Project Management of the AMI System is not included In this Agreement.

3. Software.

A. Software as a Service (SaaS). Sensus shall provide Customer with Software as a Service, as defined In Exhibit A, only so long as Customer is current in its payments for such services.

4. Spectrum
A. Definitions In lhis Section 4. In this Section 4 only, "Sensus" shall mean Sensus USA Inc. and its wholly owned subsidiary, Sensus Spectrum LLC.

B. Spectrum Lease, Sensus hereby grants to Customer, and Customer accepts, a spectrum manager lease ("~") over the frequencies of certain FCC llcense(s) ("FCC License") solely within Custome(s Service Territory. (Tha frequencies of the FCC License within CustomMs geographic Service Territory are called the "Leased Spectrum"). Customer shall pay the Ongoing Fees for use of the Leased Spectrum.

C. FCC Forms. At the Federal Communications Commission (FCC), Sensus will; (1) obtain an FCC Registration Number (FRN) for Customer; (2) submit on behalf of Customer the FCC Form 602 Ownership Disclosure Information if Customer has not already done so; and (3) file a FCC Form 608, notificatlon/applicaUon for long-term spectrum manager lease. This Lease becomes effective when the FCC accepts the FCC Form 608.

D. Lease Appllcatlon. In order to complete the FCC lease application, Customer will promptly:

Complete and sign the representations in Part 1 of this Agreement such that Customer demonstrates It qualines lor a spectrum lease under FCC rules.

Customer's signature will Indicate that Customer authorizes Sensus to; (1) obtain an FRN on behalf of Customer; (2) submit the FCC Form 602 Ownership Disclosure Information on behalf of Customer if Customer has not already done so; and (3) file the spectrum manager lease notiflcatlon on FCC Form 608 with the Customer as spectrum lessee.
ii. Give Sensus the coordinates of the boundaries ol Custome(s SlllVice Territory or, alternatively, approve Sensus' estimation al the same. iii. If Customer has not already done so; Customer hereby authorizes Sensus to apply on Customer's behalf and obtain for Customer a Federal Registration Number (FRN, the FCC's unique identifier for each licensee) and shall supply Sensus with Customer's Taxpayer Identification Number (TIN). iv. Provide any other information or other cooperation reasonably necessary for the Parties to perform as set forth herein.

E. Permitted Use of Spectrum Lease. Customer may transmit or receive over the Leased Spectrum only In the Service Territory and only using FlexNet equipment manufactured by Sensus and used in accordance with Sensus' specifications. Customer may use the Leased Spectrum only to read and direct meters in support of Customer's primary utility business or any other operation approved by Sensus In writing. Without limiting the foregoing, Customer is prohibited from reselling, subleasing or sublicensing the Leased Spectrum or from transmitting voice communications over the Leased Spectrum, F. Term of Spectrum Lease. Unless terminated earlier (because, for example, Customer stops using the FlexNet equipment or because this Agreement terminates or expires for any reason), this Lease will have the same term as the FCC license. If Customer Is operating In compliance with this Agreemenl and Is current on any payments owed to Sensus, when the FCC License renews, the Parties will apply to the FCC to renew this Lease.

G. Termination of Spectrum Lease. The Lease will terminate: (a) two months after Customer stops transmitting with FlexNet equipment manufactured by Sensus; (b) upon termination, revocation or expiration of the FCC License; (c) upon Customer's breach ol this Agreement; or (d) upon termination or expiration of this Agreement for any reason.

H. FCC Compliance. The following FCC requirements apply I. Pursuantto47 CFR 1.9040(a);
(a) Customer must comply at all times with applicable FCC ru les, This Agreement may be revoked by Sensus or the FCC Customer falls to so comply;
(b) If the FCC License is terminated, Customer has no continuing right lo use the Leased Spectrum unless otherwise authorized by the FCC; (c) This Agreement Is not an assignment, sale or other transfer of the FCC License; (d) This Agreement may not be assigned except upon written consent of Sensus, which consent may be withheld in its discretion; and (e) In any event, Sensus will not consent to an assignment that does not satisfy FCC rules.

II. Referencing 47 CFR 1.9010, Sansus retains de jure and de facto control over the applicable radio facilities, including that, (a) Sensus will be responsible for Customer's compliance with FCC policies and rules. Sensus represents and warrants that it has engineered the FlexNet equipment and accompanying software and other programs to comply with FCC rules. Customer will operate the FlexNet equipment subject to Sensus' supervision and control and solely In accordance with Sensus' specifications. Sensus retains the right to Inspect Customer's radio operations hereunder and to terminate this Agreement or take any other necessary steps to resolve a violation of FCC rules, including to order Customer to cease transmission. Sensus will act as spectrum manager in assigning spectrum under the FCC License so as to avoid any harmful interference or other violation of FCC rules. Sensus will be responsible for resolving any Interference complaints or other FCC rule violations that may artse; and
CONFIDENTIAL I Page 4 of 10
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(b) Sensus will me any necessary FCC forms or applications and Customer agrees reasonably to assist Sensus with such filing by providing any necessary information or other cooperation. Sensus will otherwise interact with the FCC with respect to this Agreement, the FCC License or FlexNet equipment.

I. Interference. Customer agrees to report to Sensus promptly, and in no event later than 72 hours afterward, any incident related to the Leased Spectrum, including where Customer experiences harmful interference, receives a complaint or other notice of having caused harmful Interference, or receives any type of communication from the FCC or other government agency regarding radio transmission.

5. General Terms and Conditions.

A. Intentionally Omitted
B. Limitation of Llablllty.

I. Sensus' aggregate liability In any and all causes of action arising under, out of or in relation to this Agreement, its negotiation, performance, breach or termination (collectively 'Causes or Action") shall not exceed the greater of; (a) the total amount paid by Customer directly to Sensus under this Agreement; or (b) ten thousand US dollars (USO 10,000.00). This is so whether the Causes of Action are In tort, Including, without limitation, negligence or strict liability, in contract, under statute or otherwise. As separate and independent limitations on liability, Sensus' liability shall be limited to direct damages. Sensus shall not be liable for; (i) any indirect, incidental, special or consequential damages; nor (ii) any revenue or profits lost by Customer or its Affiliates from any End User(s), irrespective whether such lost revenue or profits is categorized as direct damages or otherwise; nor (iii) any In/Out Costs; nor (Iv) manual meter read costs and expenses; nor (v) damages arising from maincase or bottom plate breakage caused by freezing temperatures, water hammer condlllons, or excessive water pressure, The limitations on liability set forth In this Agreement are fundamental inducements to Sensus entering into this Agreement. They apply unconditionally and in all respects. They are to be interpreted broadly so as to give Sensus the maximum protection permitted under law.
ii, To the maximum extent permitted by law, no Cause of Action may be instituted by Customer against Sensus more than TWELVE (12) MONTHS after the Cause of Action first arose. In the calculation of any damages In any Cause of Action, no damages Incurred more than TWELVE (12) MONTHS prior to the filing of the Cause of Action shall be recoverable.

C. Termination. Either party may terminate this Agreement earlier if the other party commits a material breach of this Agreement and such material breach is not cured within forty-five (45) days of written notice by the other party. Upon any expiration or termination of this Agreement, Sensus' and Custome(s obligations hereunder shall cease and the software as a service and spectrum lease shall immediately cease.

D. Force Majeure. If either party becomes unable, either wholly or in part, by an event of Force Majeure, to fulfill its obligations under this Agreement, the obligations affected by the event of Force Majeure will be suspended during the continuance of that inability. The party affected by the force majeure will take reasonable steps to mitigate the Force Majeure.

E. Intellectual Property. No Intellectual Property is assigned to Customer hereunder. Sensus shall own or continue to own all Intellectual Property used, created, and/or derived in the course of performing this Agreement. To the extent, if any, that any ownership interest In and to such Intellectual Property does not automatically vest In Sensus by virtue of this Agreement or otherwise, and instead vests in Customer, Customer agrees to grant and assign and hereby does grant and assign to Sensus all right, title, and Interest that Customer may have in and to such Intellectual Property. Customer agrees not to reverse engineer any Equipment purchased or provided hereunder.

F. Confidentiality. Both parties shall (and shall cause their employees and contractors to) keep all Confidential Information strictly confidential and shall not disclose it to any third party, except to the extent reasonably required to perform and enforce this Agreement or as required under applicable law, court order or regulation. The Confidential Information may be transmitted orally, In writing, electronically or otherwise observed by either party. Notwithstanding the foregoing, 'Confidential Information" shall not include; (I) any information that is in the public domain other than due to Recipient's breach of this Agreement; (ii) any information in the possession of the Recipient without restriction prior to disclosure by the Discloser; or (iii) any Information independently developed by the Recipient without reliance on the information disclosed hereunder by the Discloser. '~ means either party that discloses Confidential Information, and "~' means either party that receives it.

G. Non-Waiver of Rights. A waiver by either party of any breach of this Agreement or the failure or delay of either party to enforce any of the articles or other provisions of this Agreement will not In any way affect, limit or waive that party's right to enforce and compel strict compliance with the same or other articles or provisions.

H. Assignment and Sub-contracting. Either party may assign, transfer or delegate this Agreement without requiring the other party's consent; (I) to an Affiliate; (ii) as part of a merger; or (iii) to a purchaser of all or substantially all of its assets. Apart from the foregoing, neither party may assign, transfer or delegate this Agreement wilhout the prior written consent of the other, which consent shall not be unreasonably withheld. Furthermore, Customer acknowledges Sensus may use subcontractors to perform RF Field Equipment installation, the systems integration wori< (if applicable), or project management (if applicable), without requiring Customer's consent
I. Amendments. No alteration, amendment, or other modification shall be binding unless in writing and signed by both Customer and by a vice president (or higher) of Sensus.

J. Goveming Law and Dispute Resolution. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Delaware. Any and all disputes arising under, out of, or in relation to this Agreement, its negotiation, performance or termination ("Dlspulos') shall flrst be resolved by the Parties attempting mediation in Delaware. If the Dispute is not resolved within sixty (60) days of the commencement of the mediation, it shall be litigated in the state or federal oourts located in Delaware. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PARTIES AGREE TO A BENCH TRIAL AND THAT THERE SHALL BE NO JURY IN ANY DISPUTES.

K. Restriction on Discovery. The Parties acknowledge the abundance of documents, data, and other information stored in an electronic manner and the time and costs associated with retrieving relevant electronic data from the Parties during the Disoovery portion of a claim. Accordingly, the Parties shall utilize only printed or hard-copy documents, data, and other information in Discovery and shall not use or request electronic or a-Discovery methods lor any claim, demand, arbitration or litigation subject to this Agreement. All relevant and unprivileged printed or hard-copy materials shall be subject to Discovery, but neither Party has an obligation to maintain printed or hard-ropy files In anticipation of a claim, demand, liligation, or arbitration proceeding.

L. Survival. The provisions of this Agreement that are applicable to circumstances arising after its termination or expiration shall survive such teITT1inatlon or expiration.

M. Severabillty. In the event any provision of this Agreement is held to be void, unlawful or otherwise unenforceable, that provision will be severed from the remainder of the Agreement and replaced automatically by a provision oontaining terms as nearly like the void, unlawful, or unenforceable provision as possible; and the Agreement, as so modified, will continue to be In full force and effect.

N. Four Comers. This written Agreement represents the entire understanding between and obligations of the parties and supersedes all prior understandings, agreements, negotiations, and proposals, whether written or oral, formal or informal between the parties. There are no other terms or conditions, oral, written, electronic or otherwise. There are no Implied obligations. All obligations are specifically set forth in this Agreement. Further, there are no representations that induced this Agreement that are not included in It. The ONLY operative provisions are set forth in writing in this Agreement. 0, Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall CONFIDENTIAL I Page 5 of 10
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constitute one and the same instrument. Additionally, this Agreement may be executed by facsimile or electronic copies, all of which shall be considered an or1g lnal for all purposes.

6. Definitions. As used in this Agreement, the following tenns shall have the following meanings:

A. "Afflllato" of a perty means any olher entity controlling, controlled by, or under common control with such party, where "control" of an enUty means the ownership, directly or indirectly, of 50% or more of either: (I) the shares or other equity in such enUty: or (II) the voting rlghts In such entity. 8, "AMI System" ldenUfles the Sensus FlexNet Advanced Meter Infrastructure System comprised of the SmartPoint Modules, RF Field Equipment, Server Hardware, software licenses, FCC licenses, and other equipment provided lo Customer hereunder. The AMI System only includes the foregoing, as provided by Sensus, The AMI System does not include goods, equipment, software, licenses or rights provided by a third party or parties to this Agreement.

C. "Conf/denllal Informal/on· means any and all non-public lnfonnaUon of either party, Including the terms of this agreement, all technical Information about either party's products or services, prtclng information, markeUng and markeUng plans, Custome~s End Users' data, AMI System performance, AMI System architecture and design, AMI System software, other business and financial information of either party, and all trade secrets of either party.

D. 'Echo Transce/vef identifies the Sensus standalone, mounted relay device that takes the radio frequency readings from the SmartPolnt Modules and relays them by radio frequency to the relevant FtexNet Base Station.

E. "End Usar" means any end user of eleclrlclty, water, and/or gas (as applicable) that pays Customer for the consumption of eleclrlcity, water, and/or gas, as applicable.

F. "Field Devices" means lhe meters and SmartPoint Modules.

G. 'F/exNet Base Station" identifies the Sensus manufactured device consisting of one transceiver, to be located on a tower that receives readings from the SmartPoint Modules (either directiy or via an Echo Transceiver) by radio frequency and passes those readings to the RNI by TCP/IP backhaul communication. For clartty, FlaxNet Base Stations include Metro Base Stations.

H. "F/exWsra"' Software" identifies the Sensus proprtetary software used in the RNI and any Patches, Updates, and Upgrades that are provided to Customer pursuant to the tenns of this Agreement
I. "Harris Software" means the specific items of software provided by N. Harris Computer Corporation only to the extent Customer; (i) has been provided pricing for that specific item of Harris Software; and (ii) is current in its payments for that specific item of Harris Software.

J. 'Force Msj,urd' means an event beyond a party's reasonable control, Including, without limitation, acts of God, hurricane, flood, volcano, tsunami, tornado, storm, tempest, mudslide, vandalism, illegal or unauthorized redlo frequency interference, strikes, lockouts, or other Industrial disturbances, unavaMeblllty of component parts of any goods provided hereunder, acts of public enemies, wars, blockades, insurrecUons, nots, epidemics, earthquakes, fires, resl!eints or prohibiUons by any court, board, departmen~ commission or agency of the United States or any States, any arrests and restraints, civil disturbances and explosion.

K. "In/Out Costs· means any costs and expenses lncooed by Customer in transporting goods between its warehouse and its End User's premises and any costs and expenses Incurred by Customer In Installing, unlnstalllng and removing goods.

L. "Intellectual Property" means patents and patent applications, inventions (whether patantable or not), trademarxs, seivice marks, trade dress, copyrights, trade secrets, know-how, data rights, specifications, drawings, designs, maskworll rights, moral rights, author's rtghts, and other intellectual property rtghts, Including any derivations and/or derivative worlls, as may exist now or hereafter come into existence, and all renewals and extensions thereof, regardless of whether any of such rights arise under the laws of the United States or of any other state, count,y or Jurlsdlctlon, any registrations or appllcatlons thereof, and all goodwill pertinent thereto.

M. 'LCM' identifies the load control modules.

N. "Ongoing Fee" means the annual or monthly fees, as applicable, to be paid by Customer during the Tenn of this Agreement.

0. "Patches" means patches or other maintenance releases of the Software that correct processing errors and other faults and defects found previous versions of the Software. For clarity, Patches are not Updates or Upgrades.

P. "Permitted Use" means only for reading Customer's meters in the Service Territoiy. The Permitted Use does not include reading third party meters or reading meters outside the Service Terriloiy.

Q. "Re/ease· means both Updates and Upgrades.

R. "Remote Transcelvef ldentiftes the Sensus standalone, mounted relay device that takes the radio frequency readings from the SmartPolnt Modules and relays lhem directly to the RN! by TCP/IP backheul communication.

S. "RF Field Equ/pmenr means, collectively, FlexNet Base Stations, Echo Transceivers and Remote Transceivers.

T. 'RNr identifies the regional network interfaces consisting of hardware and software used to gather, store, and report data collected by the FlexNet Base Stations from the SmartPolnt Modules. The RNI hardware speclficaUons will be provided by Sensus upon written request from Customer.

U. "Service Territory" ldentines the geographic area where Customer provides electricity, water, and/or gas (as applicable) services to End Users as of the Effective Date.

This area will be described in the parties' spectrum lease filing with the FCC.

V. "Server Hardware' means the RNI hardware.

W. "SmarlPolnt'"' Modules' Identifies the Sensus transmission devices installed on devices such as meters, distribution automation equipment and demand/response devices located at Customer's End Users' premises that take the readings of the meters and transmit those readings by radio frequency to the relevant FlexNet Base Station, Remote Transceiver or Echo Transceiver.

X. 'Software" means all the Sensus proprietary software provided pursuant to this Agreement, and any Patches, Updates, and Upgrades that are provided to Customer pursuant to the tenns of this Agreement.

Y. "TouchCoup/er Unit' Identifies an lnducUve coupler connection from a water register to the SmartPoint Module.

Z. "Updates' means releases of the Software that constitute a minor Improvement in functionality.

AA. "Upgrades' means releases of the Software which constilule a significant improvement in functionality or architecture of the Software.

BB. "WAN Backhauf' means the communication link between FlexNet Base Stations and Remote Transceivers and RN!.

CONFIDENTIAL I Page 6 of 10
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Exhibit A
Software as a Service
Description of Services
This exhibit contains the details of the Software as a Service that Sensus shall provide to Customer ii both; (I) pricing for Software as a Service has been provided to the Customer; and (ii) the Customer Is current in its payments for Software as a Service.

A. Termination of Software as a Service. Customer shall have the option at any time after full deployment but before the end of the Term to terminate the Software as a Service by giving Sensus one hundred twenty (120) days prior written notice. Upon delivery of the notice, Customer shall purchase the necessary RNl(s) and shall pay all applicable fees, including any unpaid Software as a Service fees. Such notice, once delivered to Sensus, is irrevocable. Should Customer elect to terminate the Software as a Service, Customer acknowledges that; (a} Customer shall purchase the RNI hardware; (b) Customer will purchase the necessary software license(s}; (c) Sensus will cease to provide the Software as a Service.

B. Software as a Service DeHnltlon.

1. "Software as a Service'' means~ the following services:
i. Use of RNI hardware, located at Sensus' or a third party's data center facility (as determined by Sensus), that Is necessary to operate the AMI System.

II. Initial training (not to exceed five days) on the use of the AMI System and all product documentation, Including any updates to product documentation. iii. Providing Patches, Updates, and Upgrades to latest Sensus FlexWare Software releases.

Iv. Providing FCC spectrum, pursuant to the terms of the spectrum lease, to operate the AMI System (for USA customers). v. Providing remote firmware maintenance for FlexNet Base SlaUons and SmartPoint Modules (Customer must provide IP access to each FlexNet Base Statlon In order to perform secure shell (SSH) functions). vi. Providing certain third party software required to operate the RNI (specifically, Microsoft SQL server, Microsoft Windows Server, Red Hat Linux OS, and other Bundled Software).
vii. Providing secure Web portal access to the hosted FlexWare Software application for the Customer (Customer system adminlslrator grants RNI access to authorized Customer personnel as they are added).
viii. If requested, submitting a "daily reading file" in standard file format containing hourly consumplion reads and all available alarms collecled by the AMI System, Including exception reports, such as zero consumption reads and non-responding meters (lncludJng traceability to the meter locatlon when the meter installer provides the location information).
ix. 24x7x365 server and network monitoring and trouble ticket generation, advanced security monitoring and preventative maintenance monitoring using diagnostic software tools.
x. Network optimization alter the final propagation study and FlexNet Base Station site plan is verified by Sensus, and network tuning of endpoints deployed In the Service Territory.
xi. Performing daily off-site vaultlng of encrypted backup tapes containing one year of history for auditing purposes. xii. Providing current Sensus fixed base reporting software (for up to 50,000 SmartPolnt Modules) for up to thirteen (13) months of hourly data retention for basic reporting, route processing and querying functionality. xiii. Providing telephone support consistent wijh the Sensus Technical Support as set forth in Exhibit B. xiv. Providing "hot !allover'' disaster recovery solution within twenty four (24) hours. xv. Providing Flex Net Base Station parts repair or replacement, at Sensus' discretion. This excludes field repair labor and field maintenance labor.

2. "Software as a Service" does !lQ1 Include any of the following services:
i. Normal periodic processing of accounts or readings for Custome(s bllllng system for bilHng or other analysis purposes (other than dally file delivery).

II. Field labor to troubleshoot any SmartPolnt Modules in the field In meter populations that have been previously accepted. iii. First response labor to troubleshoot FlexNet Base Station, Echo Transceivers, Remote Transceivers or other field network equipment. iv. Parts or labor required to repair damage to any field network equipment that Is the result of a Force Majeure event. v. Customer understands that the Sensus route manager meter data management (MDM) application Is limited to 50,000 or fewer SmartPoint Modules, and Customer must utilize an enterprise MOMS (or other suitable solution) lo manage reading data when system size exceeds 50,000 SmartPoint Modules.

If an Item is not listed in subparagraphs (1) or (2) above, such item is excluded from the Software as a Service and is subject to additional pricing.

11. Further Agreements
A. System Uptime Rate

1. Sensus (or Its contractor) shall host the FlexWare Software application on computers owned or controlled by Sensus (or its contractors) and shall provide Customer access to the hosted FlexWare Software application via Internet or point to point connection (I.e., Hosted-Access use), according to the terms below. Sensus endeavors to maintain an average System Uptime Rate equal to ninety-nine (99.0) per Month (as defined below). The System Uptime Rate shall be calculated as follows:

Syatem Uptime Rate= 100 x CTMO- Jotal Non-Scheduled Downtime minutes In the Month) TMO

2. Calculations
I. "Targeted Minutes of Operation" or "TM(J" means total minutes in Iha applicable month ("Month") minus the Scheduled Downtime in the Month. ii. "Scheduled Downtime" means the number of minutes during the Month, as measured by Sensus, In which access to the FlexWare Software Is scheduled to be unavailable for use by Customer due to planned system maintenance. Sensus shall provide Customer notice (via email or otherwise) at least seven (7) days In advance al commencement of the Scheduled Downtime. iii. "Non-Scheduled Downtime" means the number of minutes during the Month, as measured by Sensus, In which access to FlexWare Software Is unavailable for use by Customer due to reasons other than Scheduled Downtime or the Exceptions, as defined below (e.g., due to a need for unplanned maintenance or repair).

3. Exceptions."~" mean the following events:
i. Force Majeure;
Ii. Emergency Work, as defined below: and
iii. Lack of Internet Availability, as described below.

4. Emergency Work. In the event that Force Majeure, emergencies, dangerous conditions or other exceptional circumstances arise or continue during TMO, CONFIDENTIAL I Page 7 of 10
-- sensus
Sensus shall be entitled to take any actions that Sensus, In good faith, determines Is necessary or advisable to prevent, remedy, mitigate, or otherwise address actual or potenllal hann, lnterruptlon, loss, threal, securlty or like concern to any of the Host Systems or the FlexWare Software ("Emergency Wo{ll "). Such Emergency Work may Include, but is not limited to: analysis, testing, repair, maintenance, re-setting and other servicing of the hardware, cabling, networks, software and other devices, materials and systems through which access to and/or use of the FlexWare Software by the Customer is made available (the "Host Syslen1s"). Sensus shall endeavor to provide advance notice of such Emergency Work to Customer when practicable and possible.

5. Lack of lntemet Availability. Sensus shall not be responsible for any deterioration of perfonnance attributable to latencies In the public Internet or point-topoint network connection operated by a third party. Customer expressly acknowledges and agrees the! Sensus does not and cannot control the flow of data to or from Sensus' networ11s and other portions of the Internet, and that such flow depends in part on the performance of Internet se111lces provided or controlled by third parties, and that at times, actions or inactions of such third parties can impair or disrupt data transmitted through, and/or Customer's connections to, the Internet or point-to-point data connection (or portions thereoQ. Although Sensus will use commercially reasonable efforts to take actions Sensus may deem appropriate to mitigate the effects of any such events, Sensus cannot guarantee that such events will not occur. Accordingly, Sensus disclaims any and all liability resulting from or relating to such events.

B. Host Site-Security. Although Sensus may modify such security arrangements without consent or noUce to Customer, Customer acknowledges the following are the current arrangements regarding physical access to and support of the primary hardware components of the Host Systems:

1. The computer room(s) In which the hardware Is installed Is accessible only to authorized individuals.

2. Power infrastructure includes one or more uninterrupfible power supply (UPS) devices and diesel generators or other alternative power for back-up electrical power.

3. Air-conditioning facllitles (for humidity and temperature controls) are provided in or for such computer room(s) and can be monitored and adjusted for humidity and temperature settings and control. Such air systems are supported by redundant, back-up and/or switch-over environmental units.

4. Such electrical and AJC systems are monitored on an ongoing basis and personnel are avaUable to respond to system emergencies (if any) in real time.

5. Dry pipe pre-action fire detection and suppression systems are provided.

6. Dala circuits are available via muiUple providers and diverse paths, giving access redundancy.

C. Responsibilities of Customer

1. Customer shall promptly pay all Software as a Se111ice fees.

2. Customer may not (i) carelessly, knowingly, intentionally or maliciously threaten, disrupt, hann, abuse or interfere with the FlexWare Software, Host Systems or any of their functionality, performance, security or integrity, nor attempt to do so: (ii) impersonate any person or entity, including, but not limited to, Sensus, a Sensus employee or another user; or (Iii) forge, falsify, disguise or otherwise manipulate any identification Information associated with Customer's access to or use of the FlexWare Software application.

3. The provisioning, compatibility, operation, security, support, and maintenance of Customer's hardware and software ("Customet's Svstems") is exclusively the responsibility of Customer. Customer Is also responsible, in particular, for correctly configuring and maintaining (i) the desktop environment used by Customer lo access the FiexWare application hosted by Sensus: and (II) Customers network router and firewall, If applicable, to allow data to flow between the Customer's Systems and Sensus' Host Systems in a secure manner via the public Internet.

4. Each of Customers authorized users will receive a username and password upon completion of the applicable Sensus registration process ("Autho~zed !lfil!m"). Such usernames and passwords will allow Authorized Users lo access the FlexWare Software application. Customer shall be solely responsible for maintaining the securtty and confidentiality of each user ID and password pair associated with Customer's account, and Sensus will not be liable for any loss, damage or liability arising from Customer's account or any user ID and password pairs associated with Customer. Customer Is fully responsible for all acts and omissions that occur through the use of Customers account and any user ID and password pairs. Customer agrees (i) not to allow anyone other than lhe Authorized Users to have any access to, or use of Customers account or any user ID and password pairs at any time; (II) to notify Sensus immediately of any actual or suspected unauthorized use of Customer's account or any of such user ID and password pairs, or any other breach or suspected breach of security, restrlcled use or confidentiality; and (iii) to take the Sensus-recommended steps to log out from and otherwise exit the FlexWare Software applicaUon and Host Systems at end of each session. Customer agrees that Sensus shan be entitled lo rely, without inquiry, on the validity of the user accessing the F!exWare Software appllcalion through Customer's account, account ID, usemames or passwords.

D. Disaster Recovery. In the case of a disaster and loss of access to or use of the FlexWare Software application, Sensus shall use commercially reasonable efforts to restore operations at the same location or at a backup location within twenty lour (24) hours. Customer acknowledges and agrees that such an event may result In partlal or degraded se111lce when restored. The pre-disaster/toss level of service shall be restored as a soon as commercially reasonable.

If Sensus Is providing Customer with a license to use Harris Software, Customer agrees to the lollowlng:

Customor Uconoo Ai,eomenl

1. No r.::en.e is glvoo ta lho Customer lor !he sou,co coda !o the Ha11,s Sollw,ro. The Cuslolrn)r agreGt1 that ii will not allempt to derive, or permit or help others to derive the roufl!e coot relaUi19 to Iha Hams Softwaro or attempt IQ olberv> e conve11 or altar the Harris Sottwaio into human readable code. The Customer rurther agsees that ii will not attt-mpl to dupllca!D, or pcrmij or help others lo duplicate, lllo SOU/te codo relating IQ !he Hnffls Sollwale.

2. The Cmlorne, shall nave no right to modify the Harris Software supplied by Sensus ror Custome(s use under this Customer License Agreement without the f)lior \Witten apf)loval and direction or Sensus ~nd Haffis.

J. CustDroer &hall notsublkense or pimnit the sulltlce11S4 or any or the righ~ granted to lhe Customer related to tho Hams Soltwaro.

4. The Cuslomel egces thol ii ,.;11 not, u,rcept os otlll!Mlse 0Jpn!SW/ provided In !his Customer Licon~ AgrOOOK1nt « ()J(cept as d-~tatod by Customer's standard computer system's backup procedores and/« filst environmtnls. malo or allow others lo mako cop'os or reprwuctions of Ille Harris Softwale or olher prop,lelilry lnfon'nelion in any rom1.

5. The Customer will ensure that the Universal Copyri,Jhl Col),eoHon symbol and oilier oopyrlQhl and proprietruy nottr.&• of-Horris will remain on 1h11 Harris Software in machine•eadallle form.

6. The Cuc!Orr,e1 will take the same care lo salogua,d lhe Hanis Sollw~re as It lakes lO saleguard Its own Qon!danUal Information and such earo ihall not be any less lhan ooul~ be taken by a reasonable person to safeguard its own confidential inlonnation.

7. No third party, other lhan duly aulhoriwd agents or employees of the Cuitornor authorized pursuant ta ltfe licenses issued hereundl!r, shall hw,a aa:oss lo or use of Iha Harris Sollwllro.

8. To enable Harm. to p,OVide effcr$/e support. the Customer shall allow Harris to have remote access lo tie Harris Soltwilf8 and shall ponnlt HaN!s to use onllqe diagnostics iJ required during problem diagoosis
CONFIDENTIAL I Page 8 of 10
I. Introduction
ExhlbH B
Technical Support
-- se-1nsus
Sensus Technical Services provides utility customers with a single point of contact for Tier 1 support of technical Issues as well as any coordination of additional resources required to resolve the issue. Requests that require specialized skills are to be forwarded to a senior support engineer or Technical Advisor within the team for further analysis. If Technical Services has exhausted all troubleshooting efforts for the product type, the Issue will escalate to the Engineering Support Team. Occaslonally, on-site troubleshooting/analysis may be required. The preferred order of on-site support is:
a) The Customer (for assistance with the easiest and fewest time-consuming activities such as power on/power off). b) The local distributor.
c) Sensus employees or contracted personnel, if required to fulfill a contract commitment.

2. Support Categories

2.1. General questions regarding functionality, use of product, how-to, and requests for assistance on Sensus AMR, AMI, RF Network Equipment, Metering Products and Sensus Lighting Control.

2.2. Proactive reporting and resolution of problems.

2.3. Reactlve reporting to Isolate, document, and solve reported hardware/software defects.

2.4. Responding to service requests and product changes.

2.5. Addressing customer inquiries with printed or electronic documentaffon, examples, or additional explanatlonlclarlflcatlon.

3. Support Hours

3.1 . Standard Support Hours: Toll-free telephone support (1-600-638-3748 option #2) Is available Monday thru Friday from 8:00AM EST to 6:00PM EST. Afterhours, holiday and weekend support for Severity 1 and Severity 2 Issues is available by calling 1-800-638-3748, option #8. 4, Support Procedures

4.1. Customer idenUftes an issue or potential problem and calls Technical Services at 1-800-638-3748 Option #2. The Customer Service Associate or Technical Support Engineer will submit a Support ticket.

4.2. The Customer Service Assoc!a!B or Technical Support Engineer will Identify the caller name and utility by the assigned software serial number, city, and state in which \he call originated. The nature of the problem and severity levels will be agreed upon by both parties (either at the lime the issue Is entered or prior to upgrading or downgrading an existing Issue) using the severicy definitions below as a guideline. The severity level Is then captured Into a support ticket for creation and resolution processing. Any time during the processing of this ticket, If Iha severity level is changed by Sensus, the customer will be updated.

Severity Levels Description:

Sev1 CustomMs production system Is down. The system is unusable resulting In total disruption of work. No workaround Is available and requires immediate attention.

Example: Network mass outage, all reading collection devices Inoperable, inoperable head end software (e.g., FlexWare, Sensus MDM).

Sev2 Major system feature/function !allure. Operations are severely restricted; there is a major disruption of work, no acceptable work-around Is available, and failure requires immediate attention.

Examples: Network equipment failure (e.g., FlexNet Echo, FlexNet Remote, Base Slatton transceiver, or VGB); inoperable reading devices (e.g., AR5500, VXU, VGB, or Commandlink); head end software application has Important functionality not working and cannot create export Ille for billing system operations.

Sev3 The system is usable and the Issue doesn't affect critical overall operation.

Example: Minor network equipment !allure (e.g., Echo/Remote false alarms or Base Station transceiver false alarms); head end software application operable but reports are not running properly, modification of view or some non-<:ritical function of the software Is not running.

Sev4 Minor system Issues, questlons, new features, or enhancement requests to be corrected In future versions.

Examples: Minor system Issues, general questions, and "How-To' questions.

4.3. The Customer Service Associate or Technical Support Engineer identifies whether or not the customer Is on support. If the customer is not on support, the customer is advised of the service options as well as any applicable charges that may be billed.

4.4. Calls are placed in a queue from which they are accessible to Technical Support Engineers on a first-come-first-serve basis. A first level Customer Service Associate may assist the customer, depending on the difficulcy of the call and the representative's technical knowledge. Technical Support Engineers (Tier 1 support) typically respond/resolve the majority of calls based on their product knowledge and experience, A call history for the particular account Is researched to note any existing pattern or if the call ls a new report. This research provides the representative a basis and understanding of the account as well as any associated problems and/or resolutions that have been communicated. a. Technical Services confim1s that there is an issue or problem !hat needs further analysis to determine Its cause, The following information must be collected: a detailed description of the issue's symptoms, details on the software/hardware product and version, a description of the environment In which the issue arises, and a list of any corrective action already taken. b. Technical Services will check the internal database and product defect tracking system, to see If reports of a similar problem exist, and if any working solutions were provided. If an existing resolution Is found that will address the reported issue, it shall be communicated to the customer. Once it is confirmed that the issue has been resolved, the ticket Is closed. c. If there is no known defect or support that defines the behavior, Technical Services will work with the customer to reproduce the issue. If the Issue can be reproduced, either at tile customer site or within support center test lab, Technical Services will escalate the ticket for further investigatlon / resolution.

If the issue Involves units that are considered to be defective with no known reason, the representative will open a Special Investigation RMA through the Support system. If It Is determined that a sample is required for further analysis, the customer will be provided with instructions that detail where to send the product sample(s) for a root cause analysis. Once it is determined that the issue cannot be resolved by Tier 1 resources, the ticket will be escalated to Tier 2 support for confirmation/workarounds to resolve immediate Issue. Technical Services will immediately contact the customer to advise of the escalation. The response and escalation times are listed In Section 5. At this time, screen shots, log mes, configuration files, and database backups will be created and attached to the ticket.

CONFIDENTIAL I Page 9 of 10
5,

6. -- sensus
Response and Resolution Tll'gets.

Sensus Technlcal Support will make every reasonable effort to meet the following response and resolution targets:

Severity Standard Target Standard Target Raeolutlon Rnolutlon (one or more of the following) R88DOR&e Immediately assign trained and qualifled • SaUsfactory workaround Is provided.

Services Staff to correct the error on an • Program patch is provided. 1 30 Minutes expedited basis. Provide ongoing • Fix incorporated into future release. communication on the status of a • Fix or workaround incorporated into the Support correction. KnowledAe Base. • Satisfactory workaround is provided.

Assign trained and qualified Services • Program patch Is provided. 2 4 hours Staff to correct Iha error. Provide • Fix Incorporated Into future release. communication as updates occur. • Fix or workaround incorporated Into the Support Knowledoe Base.
• Answer to question is provided.
• Satisfactory workaround is provided.
3 1 Business Day 90 business days • Fix or workaround Incorporated Into the Support Knowledge Base.
• Fix lncorooraled Into fulure release.
• Answer to question is provided.
4 2 Business Days 12 months • Fix or workaround Incorporated into the Support Knowledge Base.

Problem Escalation Process.

6.1. If the normal support process does not produce the desired results, or if the severity has changed, the Issue may be escalated as follows to a higher level of authority.

6.1.1. 6.1.2.

Severity 1 issues are escalated by Sales or Technlcal Services to a Supervisor if not resolved within 2 hours; to the Manager level if not resolved within 4 hours; to the Director level if not resolved wilhin the same business day; and to the VP level If not resolved within 24 hours.

A customer may escalate an issue by calling H00-638-3748, Option 2. Please specify the Support ticket number and the reason why the issue is being escalated,

6.1.3. In the event that a customer is not satisfied with the level of support or continual problem with their products, they may escalate a given Support llcket to Manager of T echnlcal Services ( 1-800-638-3748, Option 2).

7. General Support Provisions and Exclusions.

7.1. A Dell-provided three-year ProSupport hardware service plan plus a 4 hour "Mission Critlcal" upgrade accompanies the server/system hardware that Sensus procures on behalf of the customer. Sensus does not warrant third party server hardware. The customer may renew the ProSupport service plan directly with Dell. The 'Dell Master Services Agreemenr and 'Pro Support for IT Services DescrlpHon' documents may be found at www.dell.com/servlce contracts.

7.2. Sensus procures certain third party software licenses (e.g. Red Hat Enterprise Linux) required to operate the FlexNet-based applications on the Dell hardware.

Sensus registers all the applicable third party software licenses in the customer's name and ships all documentation and licensing Information to the customer with the server. The customer is responsible for maintaining all third party software licenses.

7.3. In the event of a server hardware failure at the customer site, Sensus will provide replacement Sensus proprietary software (e.g., FlexWare} either on digital media or downloadable from an !nlernet site, as necessary. The method of software redistribution is at Sensus' discretion. The customer Is responsible for reinstalling tl1e replacement software. Sensus lnslallalfon support is not covered under this standard Technical Support program but may be provided as a feebased service.

7.4, Sensus provides online documentation for Sensus products through the Sensus User Forum (http://myftexnetsystem.com/Module/User/Login). All Sensus customers are provided access to this onllne database, which Includes operation, configuration and technical manuals. Sensus also hosts periodic user group teleconferences to facilitate the interchange of product ideas, product enhancements, and overall customer experiences. The customer shall provide names and email accounts lo Sensus so Sansus may provk!e access to the Portal. 7 .5. Specialized support from Sensus Is avallable on a fee basis to address support issues outside the scope of this support plan or if not covered under another specific maintenance contract. For example, specialized systems Integration services or out of warranty network equipment repair that is not covered under a separate maintenance contract.

CONFIDENTIAL I Page 10 of 10
Attachment 3: Report to City Council regarding AMI Agreement Amendment 1 with Resolution 19-163

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: September 18, 2019
Agenda Number: __________
John Scarborough, Public Works Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Consideration of a Resolution Approving the First Amendment to the Agreement with Sensus USA Inc. for Advanced Water Meter Infrastructure Services and Authorizing the Mayor to Sign the Amendment on Behalf of the City; and
Consideration of a Resolution Amending the City of Madera FY 2019/20 Budget in the Amount of $10,300.00 for Advanced Metering Infrastructure Services.

RECOMMENDATION:

It is recommended that City Council (Council) adopt the Resolution approving the First Amendment to the Agreement with Sensus USA Inc. (Sensus) for Advanced Water Metering Infrastructure (AMI) Services which will allow an upgrade from the LOGIC to Analytics system in order to provide a more advanced system which can be integrated with Tyler Munis.

Additionally, it is recommended Council adopt the Resolution amending the FY 2019/20 Budget to add an allocation in the amount of $10,300 for this upgrade. This cost includes one-time setup and integration fees, as well as training on the new system.

SUMMARY:

In February 2010, the City purchased a Sensus FlexNet AMI System to begin monitoring City water meters. The City completed three separate water meter installation projects which allowed for the installation of over 14,000 Sensus Water Meter SmartPoints which electronically transmit water use data from each meter to the City’s Utility Billing Division. In December 2014, the Sensus software system and servers were upgraded and a five-year agreement for new AMI services was executed. The upgrade being proposed with this amendment would provide a more -ϲ
advanced and user-friendly system to access detailed meter usage and event history, identify anomalies, and enable staff to track specific water usage and meter issues. The software upgrade will also allow for more efficient integration with Tyler Munis for utility billing purposes.

DISCUSSION:

In 2010, the City began monitoring water meters using the Sensus FlexNet AMI system. At that time, servers were installed to host the software and store the meter readings. In 2014, the City upgraded to the currently used system: LOGIC. The LOGIC system provided improved reporting and customer service options.

The proposed amendment would allow the City to upgrade, once again, to the Analytics system, the most current software being offered by Sensus. The Analytics system has several advantages over the current LOGIC system:
▪ Ease of Use: Analytics is an application-based software that is easy to use and can be easily navigated. LOGIC is not as user friendly and requires the user to access several links to obtain needed data.
▪ Sustainability: Analytics is a Sensus product that is maintained and supported at a high level with a direct line of communication to technology support staff. LOGIC is a thirdparty software making it difficult to receive support. ▪ Advancement: Anaytics is constantly being updated. Additional icons and reports are added on a regular basis and custom reports are available, if requested. LOGIC has not been updated in over three years.

The annual fee for Sensus is $28,000 which includes $18,000 for hosted service and software technical support and $10,000 for base station extended warranty. Sensus is the City’s provider for the software, equipment and technical support for the automatic meter reading system. The meters electronically transmit hourly meter usage reads to the base stations through the electronic transmitters on meter. That data is collected and transferred through the software enabling access to the usage data for each meter for billing, water conservation and customer service purposes which breaks down to $2,333.33 per month. There are over 14,000 account which breaks down to approximately $0.17 per account, per month Additionally, as the final phase in the Tyler Munis implementation project, the City is currently implementing the utility billing financial software. This process will include making technological connections between Tyler Munis and the Sensus meter reading software system. This connection will allow the City to more efficiently gather water usage reads for the billing process.

In order to complete this connection, the Sensus system must be upgraded from LOGIC to Analytics. If the proposed amendment is approved, the City will be able to complete the Tyler Munis utility billing and Sensus system upgrades and connections simultaneously.

FINANCIAL IMPACT:

The cost for the upgrade from the LOGIC to Analytics system will be a one-time fee of $10,300.00.

This would include the following:

Table 1: Costs for Sensus upgrade
Item Costs
Analytics Setup Fee $2,400
Analytics Standard Integration $5,400
Analytics Training $2,500
Total $10,300
Staff has proposed that a budget amendment be made in this amount to the Water Maintenance/Operations Fund, Contracted Services. This associated budget amendment will be funded by the Water Unallocated Fund balance. The ongoing cost for the current Sensus agreement is included in the adopted FY 2019/20 Budget.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

This proposed action is consistent with the Madera Vision Plan:

Action 434.1: Increase water-usage monitoring through meter reading and water-patrol to increase conservation.

ALTERNATIVES:

1. Council may elect to approve the amendment at which time staff will immediately begin coordinating the upgrade and integration with our existing financial software.

2. Council may elect to not approve the amendment. The action will result in the AMI system not being upgraded making support difficult and expensive to obtain in the future.

3. Council may request additional information regarding the Sensus upgrade to be brought back at a later meeting.

ATTACHMENTS:

1. Resolution Approving Agreement Amendment

2. Exhibit 1 to Resolution 1 – First Amendment to the Advanced Metering Infrastructure Agreement

3. Resolution Amending FY 2019/20 Budget

4. Exhibit AA
RESOLUTION NO. 19_163 ---

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH SENSUS USA INC. FOR

ADVANCED METERING INFRASTRUCTURE SERVICES AND AUTHORIZING THE

MAYOR TO SIGN THE AMENDMENT ON BEHALF OF THE CITY
WHEREAS, the City of Madera (City) and Sensus USA Inc. (Sensus) entered into an Agreement dated January 5, 2015, for Advanced Metering Infrastructure Services; and WHEREAS, Sensus has submitted the First Amendment to the Agreement in response to the City's request to upgrade the system software; and
WHEREAS, the proposed Amendment to the Agreement is in the best interests oft he City and Sensus.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA, HEREBY, finds, orders and resolves as follows:

1. The above recitals are true and correct.

2. The First Amendment to the Agreement for Advanced Metering Infrastructure Services with Sensus, attached hereto as Exhibit 1, is approved.

3. The Mayor is authorized to execute the Amendment on behalf of the City.

4. This Resolution is effective immediately upon adoption. * * * * *
PASSED AND ADOPTED by the City Council of the City of Madera this 18th day of September 2019 by the following vote:

AYES: Mayor Medellin, Council Members Montes, Gallegos, Rodriguez, Robinson, Garcia and Holley.

NOES: None.

ABSTENTIONS: None.

ABSENT: None.

ATTEST:

ALICIA GONZALES, City Clerk
APPROVED AS TO LEGAL FORM:

Not Required.

City Attorney

FIRST AMENDMENT TO THE

ADVANCED METERING INFRASTRUCTURE AGREEMENT
("First Amendment")
This First Amendment is made this~ day of September 2019 ("Effective Date"), by and between Sensus USA Inc., a corporation of the State of Delaware with offices at 637 Davis Drive, Morrisville, North Carolina 27560 ("Sensus"), and City of Madera, a city formed in the State of California, ("Customer").

WHEREAS, Sensus and Customer entered into an Advanced Metering Infrastructure Agreement on January 5, 2015 ("Agreement"); and
WHEREAS the parties desire to amend the Agreement according to the terms and conditions in this First Amendment; and NOW THEREFORE, in consideration of the mutual covenants, terms, and conditions set forth in this First Amendment, the parties hereto mutually covenant and agree to amend the Agreement as follows:

1. Defined Terms. Any terms used in this First Amendment as defined terms, and which are not defined herein, shall have the meanings given to those terms in the Agreement.

2. Software. By way of this First Amendment, Customer hereby elects to utilize Sensus Analytics software in lieu of the Harrislicensed Logic software. Accordingly, Exhibit A of the Agreement is hereby replaced in its entirety with the Exhibit A attached hereto.

3. Intellectual Property. Section 5.E. of the Agreement is hereby replaced in its entirety with the following:

E. Intellectual Property Rights.
i. Software and Materials. No Intellectual Property is assigned to Customer hereunder. Excluding Customer Data, Sensus shall own or continue to own all right, title, and interest in and to the Intellectual Property associated with the Software and related documentation, including any derivations and/or derivative works (the "Sensus IP"). To the extent, if any, that any ownership interest in and to such Sensus IP does not automatically vest in Sensus by virtue of this Agreement or otherwise, and instead vests in Customer, Customer agrees to grant and assign and hereby does grant and assign to Sensus all right, title, and interest that Customer may have in and to such Sensus IP. Customer agrees not to reverse engineer any Sensus Products purchased or provided hereunder.
ii. Customer Data. Notwithstanding the prior paragraph, as between Customer and Sensus, Customer remains the owner of all right, title or interest in or to any Customer Data. "Customer Data" means solely usage data collected by the Field Devices. To avoid doubt, Customer Data does not include non-End User usage data collected by the Field Devices, Software, or AMI System, such as network and equipment status information or the like.
iii. Consent to Use of Customer Data. Customer hereby irrevocably grants to Sensus a royalty-free, nonexclusive, irrevocable right and license to access, store, and use such Customer Data and any other data or information provided to Sensus, to (1) provide the Service; (2) analyze and improve the Service; (3) analyze and improve any Sensus equipment or software; or (4) for any other internal use. As used herein, "Service" means Sensus' obligations under this Agreement. iv. Access to Customer Data. Within 45 days of Customer's written request, Sensus will provide Customer a copy of the previous 24 months CMEP interval file and deliver the file to a drop location specified by Customer.

4. Data Privacy. New Section 5.P. is hereby added to the Agreement:

P. Data Privacy. Customer acknowledges that Sensus and its Affiliates (collectively, "Xylem") will collect and process personal data for the purposes outlined in this Agreement. Xylem's data privacy policy is available at https://www.xylem.com/en-us/support/privacy/. Customer acknowledges that it has read and understood Xylem's CONFIDENTIAL I Page 1 of 7
(
privacy policy and agrees to the use of personal data outlined therein. The collection and use of personal data by Customer is Customer's responsibility.

5. Insurance. New Section 5.Q. is hereby added to the Agreement:

Q. Professional (E&O) Liability/Cyber Liability. Sensus shall maintain Professional Liability, Technology Errors & Omissions Liability and Network Security & Privacy Liability insurance with limits of two million ($2,000,000) per claim and in the aggregate. Sensus will list Customer as an additional insured party under this insurance policy. Coverage shall include: (i) Failure to prevent unauthorized access to, use of or tampering with computer systems/networks, including denial of service, unless directly caused by a mechanical or electrical failure, (ii) Unauthorized disclosure of personal or confidential information, (iii) liability arising out Xylem' professional errors and/or omissions resulting in the introduction of a computer virus or other malicious code causing damage to Customer's computer system, network or similar related property and the data, software and programs thereon, (iv) liability for intellectual property infringement claims and for indemnification and legal defense of any claims of intellectual property infringement, including infringement of copyright, or trade mark, brought against Customer for the FlexNet System, (v) government investigations and associated fines/penalties, if insurable by law, resulting from the alleged or actual disclosure of personal or confidential information or security breach, (vi) liability for Customer's non-physical business interruption due to a security failure of a Sensus computer system, network, hardware or software or Sensus' professional services. The policy will have a retroactive date of no later than the effective date of this Agreement and coverage shall be maintained for an additional period of three (3) years following termination of the Agreement.

6. Entire Agreement. The Agreement, as amended by this First Amendment, constitutes and contains the entire understanding and agreement of the parties. To the extent that the provisions of this First Amendment are inconsistent with the Agreement, the terms of this First Amendment shall control. Except as expressly amended or modified in this First Agreement, all other terms and conditions of the Agreement shall remain in full force and effect and this First Amendment shall be binding upon the parties.

IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be signed by their respective officers, authorized as of the day and year written above.
;;:::--_ . SENSUS USA INC.~
By: \J-hc~,
Name: Tim Harriger J. Medellin
Title: VP Sales NA Water Title: ___ M_a.,,_y _o_r _____ _ Date: September 4, 2019 Date:. ___ 0"'""9.....,/_1_8_,_/ _19'----- - CONFIDENTIAL I Page 2 of 7
Exhibit A
Software
Software as a Service

1. Description of Services.

This exhibit contains the details of the Software as a Service that Sensus shall provide to Customer if both; (i) pricing for the application of Software as a Service has been provided to the Customer; and (ii) the Customer is current in its payments to Sensus' authorized distributor for such application of Software as a Service.

A. Software as a Service Generally.

Software as a Service is a managed service in which Sensus will be responsible for the day-to-day monitoring, maintenance, management, and supporting of Customer's software applications. In a Software as a Service solution, Sensus owns all components of the solution (server hardware, storage, data center, network equipment, Sensus software, and all third-party software) required to run and operate the application. These software applications consist of the following (each an "Applicalion"):
• Regional Network Interface (RNI) Software
The managed application systems consist of the hardware, Sens us Software, and other third-party software that is required to operate the software applications.

Each Application will have a production, and Disaster Recovery (as described below) environment Test environments are not provided unless otherwise specifically agreed by Sensus in writing. Sensus will manage the Applications by providing 24 x 7 x 365 monitoring of the availability and performance of the Applications.

B. Use of Software as a Service. Subject to the terms of this Agreement, Sensus shall make Software as a Service available to Customer to access and use solely for the Permitted Use and solely for so long as Customer is current in its payments to Sensus or its authorized distributor for Software as a Service. The Software as a Service term commences on the date that Sensus first makes Software as a Service available to Customer for use, and ends upon the earlier of:
(i) the expiration or termination of the Agreement; (ii) breach by Customer of this exhibit or the Agreement; or (iii) Customer's termination of Software as a Service as set forth in paragraph (C) below.

C. Termination of an Application. Customer shall have the option at any time before the end of the Term to terminate any Application by giving Sensus one hundred twenty (120) days prior written notice. Such notice, once delivered to Sensus, is irrevocable. Should Customer elect to terminate any Application, Customer acknowledges that; (a) Customer shall pay all applicable fees, including any unpaid Software as a Service fees due in the current calendar year plus a ten percent (10%) early termination fee, where such fee is calculated based on the annual Software as a Service fee due in the current calendar year; and (b) Software as a Service for such Application shall immediately cease. If Customer elects to terminate the RNI Application in the Software as a Service environment but does not terminate the Agreement generally, then upon delivery of the notice to Sens us, Customer shall purchase the necessary (a) RNI hardware from a third party and (b) RNI software license at Sensus' then-current pricing. No portion of the Software as a Service fees shall be applied to the purchase of the RNI hardware or software license.

D. Software as a Servlce means Q.!WL the following services:

Sensus will provide the use of required hardware, localed at Sensus' or a third-party's data center facility (as determined by Sensus), that is necessary to operate the Application.
ii. Sensus will provide production and disaster recovery environments for Application. iii. Sensus will provide patches, updates, and upgrades to latest Sensus Hosted Software release. iv. Sensus will configure and manage the equipment (server hardware, routers, switches, firewalls, etc.) in the data centers:
(a) Network addresses and virtual private networks (VPN) (b) Standard time source (NTP or GPS)
(c) Security access points
(d) Respond to relevant alarms and notifications
v. Capacity and performance management. Sensus will:
vi.
vii.
(a) Monitor capacity and performance of the Application server and software applications 24x7x365 using KPI metrics, thresholds, and alerts to proactively identify any potential issues related to system capacity and/or performance (i.e. database, backspool, logs, message broker storage, etc.)
(b) If an issue is identified to have a potential impact to the system, Sensus will open an incident ticket and manage the ticket through resolution per Exhibit B, Technical Support.
(c) Manage and maintain the performance of the server and perform any change or configuration to the server, in accordance to standard configuration and change management policies and procedures. (d) Manage and maintain the server storage capacity and performance of the Storage Area Network (SAN), in accordance to standard configuration and change management policies and procedures.
(e) Exceptions may occur to the system that require Sensus to take immediate action to maintain the system capacity and performance levels, and Sensus has authority to make changes without Customer approval as needed, in accordance to standard configuration and change management policies and procedures.

Database management. Sensus will:
(a) Implement the data retention plan and policy, and will provide the policy upon request. (b)
(c)
Monitor space and capacity requirements.

Respond to database alarms and notifications.
(d) Install database software upgrades and patches.
(e) Perform routine database maintenance and cleanup of database to improve capacity and performance, such as rebuilding indexes, updating indexes, consistency checks, run SQL query/agent jobs, etc.

Incident and Problem Management. Sensus will:

CONFIDENTIAL I Page 3 of 7
(
(
(a) Proaclively monitor managed systems (24x7x365) for key events and thresholds to proactively detect and identify incidents. (b) Respond to incidents and problems that may occur to the Application(s). (c) Maintain policies and procedures for responding to incidents and performing root cause analysis for ongoing problems. (d) Correlate incidents and problems where applicable.
(e) Sensus personnel will use the self-service portal to document and track incidents. (D In the event that Sensus personnel is unable to resolve an issue, the issue will be escalated to the appropriate Subject Matter Expert (SME). (g) Maintain responsibility for managing incident and problems through resolution and will coordinate with Customer's personnel and/or any required third-party vendor to resolve the issue.
(h) Provide telephone support consistent with Exhibit B, Technical Support in the case of undetected events. viii. Security Management. Sensus will:
(a) Monitor the physical and cyber security of the server and Application(s) 24x7x365 to ensure system is highly secure in accordance with NIST Security Standards.
(b) Perform active intrusion prevention and detection of the data center network and firewalls, and monitor logs and alerts. (c) Conduct period penetration testing of the network and data center facilities. (d) Conduct monthly vulnerability scanning by both internal staff and external vendors. (e) Perform anti-virus and Malware patch management on all systems. (D Install updates to virus protection software and related files (including virus signature files and similar files) on all servers from the update being generally available from the anti-virus software provider. (g) Respond to any potential threat found on the system and work to eliminate any virus or malware found. (h) Adhere to and submit certification to NERC/CIP Cyber Security standards. (i) Monitors industry regulation/standards regarding security- NERC, FERG, NIST, OpenSG, etc. through the dedicated Sensus security team.

U) Provide secure web portal access (SSL) to the Application(s). ix. Backup and Disaster Recovery Management. Sensus will:
(a) Perform daily backups of data providing one (1) year of history for auditing and restoration purposes. (b) Back-up and store data (on tapes or other storage media as appropriate) off-site to provide protection against disasters and to meet file recovery needs.
(c) Conduct incremental and full back-ups to capture data, and changes to data, on the Application(s). (d) Replicate the Applicalion(s) environments to a geographically separated data center location to provide a full disaster recovery environment for the Application production system.
(e) Provide disaster recovery environment and perform fail-over to Disaster Recovery environment within forty-eight (48) hours of declared event. (D Generate a report following each and any disaster measuring performance against the disaster recovery plan and identification of problem areas and plans for resolution.
(g) Maintain a disaster recovery plan. In the event of a disaster, Sensus shall provide the services in accordance with the disaster recovery plan. (h) In the case of a disaster and loss of access to or use of the Application, Sensus would use commercially reasonable efforts per the Recovery Time Objectives (RTO) and Recovery Point Objectives (RPO) specified herein to restore operations at the same location or at a backup location within forty-eight (48) hours.
(i) The Application shall have a RTO of forty-eight (48) hours.

U) The RPO shall be a full recovery of the Application(s), with an RPO of one (1) hours, using no more than a twenty-four (24) hour old backup. All meter-related data shall be pushed from each Base Stalion/TGB restoring the database to real-lime minus external interfaced systems from the day prior.
(k) Data from external interfaced systems shall be recreated within a forty-eight (48) hour period with the assistance of Customer personnel and staff, as needed.

E. Customer Responsibilities:

Coordinate and schedule any changes submitted by Sensus to the system in accordance with standard configuration and change management procedures.
ii. Participate in all required configuration and change management procedures. iii. Customer will log incidents related to the managed Application with Sensus personnel via email, web portal ticket entry, or phone call. iv. Responsible for periodic processing of accounts or readings (i.e., billing files) for Customer's billing system for billing or other analysis purposes. v. Responsible for any field labor to troubleshoot any SmartPoint modules or smart meters in the field in populations that have been previously deployed and accepted.
vi. First response labor to troubleshoot FlexNet Base Station, R100s, Remote Transceivers or other field network equipment. vii. Responsible for local area network configuration, management, and support. viii. Identify and research problems with meter reads and meter read performance. ix. Create and manage user accounts.
x. Customize application configurations.
xi. Support application users.
xii. Investigate application operational issues (e.g., meter reads, reports, alarms, etc.). xiii. Respond to alarms and notifications.
xiv. Perform firmware upgrades over-the-air, or delegate and monitor field personnel for on-site upgrades.

CONFIDENTIAL I Page 4 of 7
F. Software-as a Service does not include any of the following services:

Parts or labor required to repair damage to any field network equipment that is the result of a Force Majeure event. ii. Any integration between applications, such as Harris MeterSense, would require a Professional Services contract agreement to be scoped, submitted, and agreed in a signed writing between Sensus and all the applicable parties.

If an item is not listed in subparagraphs in item (D) above, such item is excluded from the Software as a Service and is subject to additional pricing.

2. Further Agreements
A. System Uptime Rate.
i. Sensus (or its contractor) shall manage and maintain the Application(s) on computers owned or controlled by Sensus (or its contractors) and shall provide Customer access to the managed Application(s) via internet or point to point connection (i.e., Managed-Access use), according to the terms below. Sensus endeavors to maintain an average System Uptime Rate equal to ninety-nine (99.0) per Month (as defined below). The System Uptime Rate, cumulative across all Applications, shall be calculated as follows:

System Uptime Rate= 100 x CTMO - Total Non-Scheduled Downtime minutes in the Month} TMO
ii. Calculations
a. Targeted Minutes of Operation or TMO means total minutes cumulative across all Applications in the applicable month minus the Scheduled Downtime in the Month.
b. Scheduled Downtime means the number of minutes during the Month, as measured by Sensus, in which access to any Application is scheduled to be unavailable for use by Customer due to planned system maintenance. Sensus shall provide Customer notice (via email or otherwise) at least seven (7) days in advance of commencement of the Scheduled Downtime. c. Non-Scheduled Downtime means the number of minutes during the Month, as measured by Sensus, in which access to any Application is unavailable for use by Customer due to reasons other than Scheduled Downtime or the Exceptions, as defined below (e.g., due to a need for unplanned maintenance or repair).
iii. Exceptions. Exceptions mean the following events:
• Force Majeure
• Emergency Work, as defined below; and
• Lack of Internet Availability, as described below.
a. Emergency Work. In the event that Force Majeure, emergencies, dangerous conditions or other exceptional circumstances arise or continue during TMO, Sensus shall be entitled to take any actions that Sensus, in good faith, determines is necessary or advisable to prevent, remedy, mitigate, or otherwise address actual or potential harm, interruption, loss, threat, security or like concern to any of the Application(s) ("Emergency Work"). Such Emergency Work may include, but is not limited to: analysis, testing, repair, maintenance, re-setting and other servicing of the hardware, cabling, networks, software and other devices, materials and systems through which access to and/or use of the Application(s) by the Customer is made available (the "Managed Systems"). Sensus shall endeavor to provide advance notice of such Emergency Work to Customer when practicable and possible.
b. Lack of Internet Availability. Sensus shall not be responsible for any deterioration of performance attributable to latencies in the public internet or point-to-point network connection operated by a third party. Customer expressly acknowledges and agrees that Sensus does not and cannot control the fiow of data to or from Sensus' networks and other portions of the Internet, and that such flow depends in part on the performance of Internet services provided or controlled by third parties, and that at times, actions or inactions of such third parties can impair or disrupt data transmitted through, and/or Customer's connections to, the Internet or point-to-point data connection (or portions thereoD. Although Sensus will use commercially reasonable efforts to take actions Sensus may deem appropriate to mitigate the effects of any such events, Sensus cannot guarantee that such events will not occur. Accordingly, Sensus disclaims any and all liability resulting from or relating to such events. iv. System Availability. For each month that the System Uptime Rates for the production RNI falls below 99.0%, Sensus will issue Customer the following Service Level Credits:

Sy,stem ~Rlli~ps,ce~th S»w,lseil.wan:redll
Less than 99.0% but at least 97.5% 5% of the monthly RNI Saas Fees in which the service level default occurred (Note: Saas fees are pre-paid annually and for purposes of SLA Credits are computed on a monthly basis.)
Less than 97.5% but at least 95.0% 10% of the monthly RNI Saas Fees in which the service level default occurred
Less than 95.0% 20% of the monthly RNI Saas Fees in which the service level default occurred
Service Level Credits for any single month shall not exceed 20% of the RNI Saas Fee associated with the month in which the service level default occurred.

Sensus records and data will be the sole basis for all Service Level Credit calculations and determinations, provided that such records and data must be made available to Customer for review and agreement by Customer. To receive a Service Level Credit, Customer must issue a written request no later than ten (10) days after the Service Level Credit has accrued. Sensus will apply each valid Service Level Credit to the Customer's invoice within 2 billing cycles after Sensus' receipt of Customer's request and confirmation of the failure to meet the applicable Service Level Credit. Service Level Credits will not be payable for failures to meet the System Uptime Rate caused by any Exceptions. No Service Level Credit will apply if Customer is not current in its undisputed payment obligations under the Agreement. Service Level Credits are exclusive of any applicable taxes charged to Customer or collected by Sensus. Sensus shall not refund an unused Service Level Credits or pay cash to Customer for any unused Service Level Credits. Any unused Service Level Credits at the time the Agreement terminates will be forever forfeited. THE SERVICE LEVEL CREDITS DESCRIBED IN THIS SECTION ARE THE

SOLE AND EXCLUSIVE REMEDY FOR SENSUS' FAILURE TO MEET THE SYSTEM UPTIME REQUIREMENT OR ANY DEFECTIVE SAAS PERFORMANCE. IN NO EVENT SHALL THE AGGREGATE AMOUNT OF SERVICE LEVEL CREDITS IN ANY ANNUAL PERIOD EXCEED 20% OF THE ANNUAL RNI SAAS FEE.

CONFIDENTIAL I Page 5 of 7
B. Data Center Site-Security. Although Sensus may modify such security arrangements without consent or notice to Customer, Customer acknowledges the following are the current arrangements regarding physical access to and support of the primary hardware components of the Managed Systems:

The computer room(s) in which the hardware is installed is accessible only to authorized individuals. ii. Power infrastructure includes one or more uninterruptible power supply (UPS) devices and diesel generators or other alternative power for back-up electrical power.
iii. Air-conditioning facilities (for humidity and temperature controls) are provided in or for such computer room(s) and can be monitored and adjusted for humidity and temperature settings and control. Such air systems are supported by redundant, back-up and/or switch-over environmental units. iv. Such electrical and A/C systems are monitored on an ongoing basis and personnel are available to respond to system emergencies (if any) in real time. v. Dry pipe pre-action fire detection and suppression systems are provided. vi. Data circuits are available via multiple providers and diverse paths, giving access redundancy.

C. Responsibilities of Customer.

Customer shall promptly pay all Software as a Service fees. ii. Customer may not (i) carelessly, knowingly, intentionally or maliciously threaten, disrupt, harm, abuse or interfere with the Application(s), Managed Systems or any of their functionality, performance, security or integrity, nor attempt to do so; (ii) impersonate any person or entity, including, but not limited to, Sensus, a Sensus employee or another user; or (iii) forge, falsify, disguise or otherwise manipulate any identification information associated with Customer's access to or use of the Application(s). iii. The provisioning, compatibility, operation, security, support, and maintenance of Customer's hardware and software ("Customer's Systems") is exclusively the responsibility of Customer. Customer is also responsible, in particular, for correctly configuring and maintaining (i) the desktop environment used by Customer to access the Application(s) managed by Sensus; and (ii) Customer's network router and firewall, if applicable, to allow data to flow between the Customer's Systems and Sensus' Managed Systems in a secure manner via the public Internet. iv. Upon receiving the system administrator account from Sensus, Customer shall create usemarne and passwords for each of Customer's authorized users and complete the applicable Sensus registration process (Authorized Users). Such usernames and passwords will allow Authorized Users to access the Application(s). Customer shall be solely responsible for maintaining the security and confidentiality of each user ID and password pair associated with Customer's account, and Sensus will not be liable for any loss, damage or liability arising from Customer's account or any user ID and password pairs associated with Customer. Customer is fully responsible for all acts and omissions that occur through the use of Customer's account and any user ID and password pairs. Customer agrees (i) not to allow anyone other than the Authorized Users to have any access to, or use of Customer's account or any user ID and password pairs at any time; (ii) to notify Sensus immediately of any actual or suspected unauthorized use of Customer's account or any of such user ID and password pairs, or any other breach or suspected breach of security, restricted use or confidentiality; and (iii) to take the Sensus-recommended steps to log out from and otherwise exit the Application(s) and Managed Systems at the end of each session. Customer agrees that Sensus shall be entitled to rely, without inquiry, on the validity of the user accessing the Application(s) application through Customer's account, account ID, usemames or passwords.
v. Customer shall be responsible for the day-to-day operations of the Application(s) and FlexNet System. This includes, without limitation, (i) researching problems with meter reads and system performance, (ii) creating and managing user accounts, (iii) customizing application configurations, (iv) supporting application users, (v) investigating application operational issues, (vi) responding to alarms and notifications, and (vii) performing over-the-air commands (such as firmware updates or configuration changes).

D. Software Solution Components.

Description of Software Solutions. Sensus software consists of a core communication module and a set of applications. Some applications are required to perform basic solution capabilities, other applications are optional and add additional capabilities and function to the overall solution. As Customer's business process expands and/or new Sensus offerings are made available, additional applications and functionality can dynamically be added to the solution, provided Customer purchases such additional applications. ii. Regional Network Interface. The Regional Network Interface (RNI) or Sensus head-end is the centralized intelligence of the FlexNet network; the RN l's primary objective is to transfer endpoint (such as meters) data to the Customer and the advanced feature applications. The RNI is adaptable to Customer configurations by simultaneously supporting a wide range of FlexNet enabled endpoints; including but not limited to meters (electric, water, gas), street lighting, and Home Area Network devices.
a. Core Package
(i) Communication

1. Manages all inbound and outbound traffic to and from endpoints

2. Outbound routing optimization

3. Route analyzer

4. AES256 bit encryption of radio messages

5. Reports and metric details of network performance and troubleshooting aids

6. Management of RF equipment (base stations and endpoint radios) (ii) Data Collection

1. Missing read management

2. Management of duplicate reads

3. 60 day temporary storage
(iii) Application integration

1. To Sensus Analytics applications

2. Enable 3rd party application integration

3. Batch CMEP file export

4. Real-time access through MultiSpeak
CONFIDENTIAL I Page 6 of 7
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(iv) Endpoint Management

1. Gas, water, electric, lighting concurrent support

2. Remote configuration

3. Remote firmware updates

4. Reports, metrics and Troubleshooting
(v) User Management

1. Secure access

2. Password management

3. Definable user roles

4. User permissions to manage access to capabilities
b. Integration of RNI. Sensus shall provide RNI integration support services to Customer only to the extent specifically provided below:
(i) Sensus shall meet with the representative from the Customer's system(s) targeted for integration to determine which integration method is appropriate (e.g., Multispeak, CMEP, etc.).

1. In scope and included integration efforts: Provide the gateway URLs to the integrating system as needed, provide Customer with standard integration API documentation, validate and test that the correct Customer information is flowing into and/or out of the RNI.

2. Out of scope and subject to additional charges: Modifications or extensions to the standard API provided by Sensus and any integration efforts not outlined above as in scope and included.
(ii) Customer Responsibilities:

1. Provide Sensus with information about the relevant information Customer wishes to transfer and integrate with the RNI.

2. Establish the network and security required for the two systems to reasonably communicate.

3. Verify integration to third party system functionality is working as intended. (iii) If an item is not listed in subparagraph (i) above, such item is excluded from the integration of Sensus RNI Support and is subject to additional pricing.

3. Third Party Software.

A. RedHat Linux.If Sensus is providing Customer with a license to use RedHat Linux Software, Customer agrees to the following:

By entering into this Agreement, Customer agrees to abide by and to be legally bound by the terms and conditions of the Red Hat End User License Agreements identified below, each of which are incorporated into this Agreement by reference and are available at the websites identified below. Please read the Red Hat End User License Agreements and incorporated references carefully.

Subscription: End User License Agreement
Red Hat Enterprise Linux http://www.redhat.com/licenses/rhel_rha_eula.html JBoss Enterprise Middleware http://www.redhat.com/licenses/jboss_eula.html CONFIDENTIAL I Page 7 of 7

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Giachino Chiaramonte, Chief of Police
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Acceptance of a donation to the Police Department
RECOMMENDATION:

Adopt a Minute Order accepting a donation of $1,500 from various local business owners SUMMARY:

Several local business owners from our city's vibrant Sikh community have demonstrated their support for law enforcement by generously contributing $1,500. This meaningful donation is dedicated to enhancing public safety efforts, with a focus on acquiring essential equipment and strengthening community outreach initiatives.

DISCUSSION:

This contribution is intended to strengthen the Police Department’s (MPD) capacity to serve the community by providing supplemental funding for essential equipment and outreach initiatives.

Furthermore, it underscores the significance of fostering partnerships between law enforcement and community stakeholders. The proposed action seeks approval to formally accept this generous donation.

FINANCIAL IMPACT:

This donation imposes no financial burden on the City and aligns fully with the City’s commitment to promoting community engagement while ensuring the MPD has access to critical resources and equipment.

ALTERNATIVES:

The City Council could direct staff to return the $1,500 donation.

Council Meeting of: January 15, 2025
Agenda Number: ________
VlllEY CINTRll
B-6
ATTACHMENTS:

None

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: January 15, 2025
Agenda Number: ___________
________________________________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Purchasing Agent Agreement with the County of Madera Relating to the CalFresh Healthy Living Program
RECOMMENDATION:

1. Adopt a Resolution Approving a Purchasing Agent Agreement with the County of Madera in the amount of $27,000 relating to CalFresh Healthy Living Program and ending September 30, 2025; and

2. Adopt a Resolution Amending the City’s Fiscal Year (FY) 2024/25 Budget approving related revenue and expenditure line items relating to the execution of the CalFresh Healthy Living Program.

SUMMARY:

The County of Madera Department of Public Health (MCDPH) has approached the City with a proposal to extend collaborative efforts in promoting essential life skills related to healthy eating and active living through the CalFresh Healthy Living Program. Under the proposed partnership, the County is committed to providing the City with up to $27,000 in reimbursement to support the execution of programming aligned with the goals of CalFresh. The agreement, if approved, would commence as soon as possible and terminate on September 30, 2025. This continued collaboration signifies a valuable opportunity for the City to enhance community well-being, and the financial support from the County underscores their dedication to fostering a healthier and more active lifestyle among Madera residents.

DISCUSSION:

The City has collaborated with MCDPH on the CalFresh Healthy Living Program for the past three consecutive years, with this partnership potentially set to be the fourth year if approved.

B-7
The CalFresh Healthy Living Program is the country's most extensive nutrition education program. It strives to improve the health of Californians through access to healthy food choices and safe places to be active. To assist the County with the implementation of its goals under the CalFresh Healthy Living Program, City staff developed a work plan for providing community residents with opportunities that focus on healthy eating and being physically active.

Throughout the rest of FY 2024/2025 and a portion of the first quarter of FY 2025/2026, the City will actively engage in a range of carefully crafted activities focusing on promoting healthy eating and encouraging physical activity within the community. The planned programming includes a variety of initiatives that will collectively contribute to fostering a culture of wellness and making positive strides toward healthier lifestyles among our residents.  “Whip it up” Wednesdays
 Target Age Group: Elementary to High School age youth  Location: John Wells Youth Center and Pan-American Center  Purpose: To empower youth with the knowledge and skills to make healthy food  choices and prepare nutritious meals.
 Class Schedule: 68 total classes
 Karate with Me
 Target Age Group: Elementary to High School Age Youth  Location: John Wells Youth Center
 Purpose: To provide youth in our community with the opportunity to learn karate, promoting physical fitness, self-discipline, and a sense of community. As well as help develop and improve hand-eye coordination, dexterity, and motor skills in younger children.
 Class Schedule: 70 classes
 Toddler Time
 Target Age Group: Ages 2 - 5 years old with parent/guardian participation  Location: John Wells Youth Center and Pan-American Center  Purpose: Toddlers and young children, along with their parent/guardian, will have the opportunity to learn cooperative activities such as art, music, outdoor play, healthy cooking (with parents), and story time on an age-appropriate scale. The parent/guardian will have the opportunity to learn side by side with their toddler.  Class Schedule: 35 classes
In response to the County's inquiry about maintaining a traffic safety activity into the educational programming goals of the CalFresh Healthy Living Program, being interested in an additional traffic safety event. The City will conduct one traffic safety event, similar to the two hosted during the last agreement term. The event encompasses a multifaceted plan that includes informative and interactive sessions, and engaging activities focused on enhancing awareness and adherence to traffic safety practices.
 Traffic and Pedestrian Safety
 Target Age Group: Ages 4 – 10 years old with parent/guardian participation  Location: John Wells Youth Center
 Purpose: To instill awareness and knowledge of traffic rules and pedestrian safety to help reduce accidents and promote responsible road behavior from an early age through a traffic playground setting, invitation of local law enforcement agencies, educational handouts, and traffic safety giveaways.

Lastly, in being proactive to further engage with the community, to promote the importance of environmental stewardship and creating a healthier environment, the City has proposed to use funds from the CalFresh Healthy Living Program to complete one community cleanup event.  Community Cleanup
 Target Age Group: Ages 5 and up
 Location: Town and Country Park
 Purpose: To educate participants about the importance of environmental stewardship and creating a healthier environment, as well as empower individuals to take action and contribute positively to their community, fostering a sense of pride. The event will get community members physically active, create a cleaner space in a popular community destination, engage the community, create social interactions, and encourage outdoor exploration for all members of the community.

FINANCIAL IMPACT:

The total budget for the activities described in the work plan is $27,000. This includes supplies for the activities planned; incentive prizes; and staff time. The County will reimburse the City for up to $27,000 of these expenses. This will provide an estimated relief to the General Fund of approximately $9,333 in salaries adopted in the FY 2024/25 City Budget, as well as $8,667 in supplies once reimbursement is received. Because this Agreement will span two fiscal years, some expenses will occur in the current year, while others will happen in FY 2025/26. Table 1 provides a summary of the anticipated expenses and expected reimbursements.

Table 1: Purchasing Agent Agreement Budget
Description FY 2024/25 FY 2025/26
Estimated Expenditure of Salaries $9,333 $4,667
Estimated Expenditure of Supplies $8,667 $4,333
Total $18,000 $9,000
Estimated County Reimbursement $18,000 $9,000
Total Net Cost for City $0 $0
A budget amendment is proposed to recognize the corresponding anticipated expenditures of $8,667 in materials, $9,333 in salaries, and the additional revenue of $18,000 for FY 2024/25.

These totals would be reflected in the Parks Grants Fund, #41096361.

The remaining revenue and expenditure totals for FY 2025/26 will be included in the proposed budget for the next fiscal year.

ALTERNATIVES:

In considering the Council's options regarding the Purchasing Agent Agreement with the County under the CalFresh Healthy Living Program for FY 2024/25, two potential alternatives are identified for their consideration:

1. The Council may choose to request that staff bring additional information back to a subsequent meeting. This option allows the Council to seek further clarification on specific aspects of the proposed Purchasing Agent Agreement. This could include more details on the terms, benefits or potential impacts of the agreement.

2. Council may decide not to enter into the Purchasing Agent Agreement. This choice would involve forfeiting the partnership with the County for the specified purpose.

These alternatives provide the Council with the flexibility to either seek more information for better understanding or make a deliberate decision not to proceed with the proposed agreement.

ATTACHMENTS:

1. Resolution – Approving Agreement
a. Exhibit 1 – Purchasing Agent Agreement
i. Exhibit A – Subcontract Work Plan

2. Resolution – Budget Amendment
a. Exhibit A – Budget Amendment
ATTACHMENT 1
Resolution – Approving Agreement
a. Exhibit 1 – Purchasing Agent Agreement
i. Exhibit A – Subcontract Work Plan
RESOLUTION NO. 25 - __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA APPROVING A PURCHASING AGENT AGREEMENT WITH THE COUNTY OF MADERA IN THE AMOUNT OF $27,000 RELATING TO

CALFRESH HEALTHY LIVING PROGRAM
WHEREAS, the County of Madera (County) Department of Public Health wishes to collaborate to promote physical activity and nutrition support to the community by supporting the CalFresh Healthy Living Program; and
WHEREAS, the County wishes to partner with the City to provide these services to residents; and
WHEREAS, the County has prepared a Purchasing Agent Agreement, which will provide the City $27,000 for the period of October 1, 2024, through September 30, 2025; and WHEREAS, the City has prepared a work plan detailing deliverables that meet the goals of the County and the CalFresh Healthy Living Program; and WHEREAS, the City beliefs the Purchasing Agent Agreement is in the best interests of the City, the County, and the citizens of Madera
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA finds, orders, and resolves as follows:

1. The above recitals are true and correct.

2. The City Council approves the Purchasing Agent Agreement with the County of Madera (CalFresh Healthy Living Program: City-County Agreement) for healthy cooking and activity classes which is attached hereto as Exhibit 1 and incorporated by reference.

1. This Resolution is effective immediately upon adoption. *******
MADERA COUNTY PURCHASING AGENT AGREEMENT NO. _________________ (Public Health Department; City of Madera CalFresh Healthy Living Program Partnership) THIS AGREEMENT is made and entered into this ______ day of _________________, 20____, by and between the COUNTY OF MADERA, a political subdivision of the State of California (“COUNTY”), by and through the Madera County Purchasing Agent, and the CITY OF MADERA (“CONTRACTOR”).

AGREEMENT

1. TERM. CONTRACTOR’s services under this Agreement shall commence on the date of execution and end on September 30, 2025, unless sooner terminated.

2. SCOPE OF SERVICES. CONTRACTOR shall provide residents of the City of Madera with the opportunity to learn life skills involving healthy eating and active living through cooking classes, karate classes, active play classes for parents/guardians and toddlers, traffic and pedestrian safety classes, and community cleanup activities, as fully described in the CalFresh Healthy Living Program Partnership Proposal Between City of Madera and Madera County Department of Public Health, attached hereto as Exhibit “A,” and incorporated herein by reference.

3. INCORPORATION OF MASTER AGREEMENT. Madera County Master Contract No. 009, found at: https://www.maderacounty.com/i-want-to/view-countymaster-contracts, is incorporated herein by reference as if fully stated. CONTRACTOR shall adhere to all terms and conditions of Master Contract No. 009, but with the exception of Section 23, “Notices,” which is superseded by Section 5, below.

4. COMPENSATION AND COSTS. CONTRACTOR’s total compensation for the satisfactory completion of this Agreement shall not exceed the sum of Twenty-Seven Thousand Dollars ($27,000). Upon execution of this Agreement, COUNTY shall advance ________________________________________________________________________________________________________

Page 2 ends

to CONTRACTOR full amount of this Agreement. At termination of this Agreement, CONTRACTOR shall return all unused funds to COUNTY including but not limited to funds allocated for services not completed by CONTRACTOR. At termination of this Agreement, CONTRACTOR shall provide documentation for all funds expended to provide services described in Exhibit “A,” attached hereto.

5. NOTICES. Notices required by this Agreement shall be in writing or via email and shall be effective upon personal service, receipt of email, or deposit in the mail, postage prepaid and addressed as follows:

COUNTY
Sara Bosse, Public Health Director
Department of Public Health
1604 Sunrise Avenue
Madera, CA 93638
[email protected]
With Copy to
Darin McCandless
Purchasing Agent
200 West 4th Street
Madera, CA 93637
[email protected]

CONTRACTOR
Arnoldo Rodriguez
City Manager
City of Madera
205 W. 4th Street
Madera, CA 93637
[email protected]

6. INSURANCE. CONTRACTOR shall not commence work under this Agreement until first obtaining, at its own expense, the following insurance policies:
commercial general liability in the amount of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) aggregate; and workers’ compensation, as required by California law.
//
//
________________________________________________________________________________________________________

Page 3 ends

* * * * * * * * * * *
IN WITNESS WHEREOF the foregoing Agreement is executed on the date and year first above-written.

Approved as to Legal Form:

COUNTY COUNSEL
By: ___________________________
Approved as to Form:

COUNTY ADMINISTRATIVE OFFICER
By: ____________________________
Approved as to Accounting Form:

COUNTY AUDITOR-CONTROLLER
By: ____________________________

ACCOUNT NUMBER(S)
______________________________
______________________________

COUNTY OF MADERA
_________________________________
Darin McCandless, Purchasing Agent

CITY OF MADERA
By: ______________________________
(Signature)
_________________________________ (Print)
Title: _____________________________
1245-33\AGT\4927-1123-5339.PDF
(;+,%,7$
Madera City Hall, 205 W 4th Street, Madera, CA 93637
PHONE: (559) 661-5400 • www.madera.gov
CalFresh Healthy Living Program Partnership Proposal
Between
City of Madera and Madera County Department of Public Health

1. Project Overview:

CalFresh Healthy Living supports healthy, active and nourished lifestyles by teaching Californians about good nutrition and how to stretch their food dollars, while also building partnerships in communities to make the healthy choice, the easy choice.

2. City of Madera Project Scope:

To provide the residents of the City of Madera the opportunity to learn life skills involving healthy eating and active living. Residents will learn these skills through healthy cooking classes, active play through the fundamentals of karate, and parent/child activities. This program year, the City of Madera will provide education and activities related to Policy, System, and Environmental (PSE) specific to pedestrian safety and traffic safety.

3. Timeline:
• Grant Ending in September 2025.

4. Project Team:
• Derrick Sanchez, Recreation/Community Program Coordinator • Gabriela Salazar, Administrative Analyst I
• Program Leader I Personnel

5. Deliverables:

To provide the youth of the City of Madera with the knowledge of healthy eating and active living through hands-on weekly classes. Targeting age group of 2 years old to 17 years old. • “Whip it up” Wednesdays
o Target Age Group: Elementary to High School age youth o Location: John Wells Youth Center and Pan-American Center o Purpose: To empower youth with the knowledge and skills to make healthy food choices and prepare nutritious meals.
o Curriculum: Harvest of the Month
o Duration: 60 minutes
o Class Schedule: 68 total classes
Madera City Hall, 205 W 4th Street, Madera, CA 93637
PHONE: (559) 661-5400 • www.madera.gov
o Topics May Include: Introduction to Healthy Eating, Basic Cooking Skills, Nutrient-Rich Ingredients, Meal Planning, Cooking with Color, Cooking on a Budget, Culinary Showcase
o Materials May Include: Cookbooks, cooking utensils, pots & pans, aprons, induction cook tops, countertop oven, perishable items for recipes, and general cooking-related supplies and materials.
• Karate with Me
o Target Age Group: Elementary to High School Age Youth o Location: John Wells Youth Center
o Purpose: To provide youth in our community with the opportunity to learn karate, promoting physical fitness, self-discipline, and a sense of community. As well as help develop and improve hand-eye coordination, dexterity, and motor skills in younger children.
o Curriculum: GKR Karate – Karate for Everyone
o Duration: 60 minutes
o Class Schedule: 70 classes
o Topics May Include: Introduction to Karate, Karate Basics, Self-Defense Techniques, Karate Values and Ethics, Sparring Fundamentals, Physical Conditioning, and Kata Showcase.
o Materials May Include: Karate uniforms for participants, basic protective gear, mats or suitable flooring for training, karate feet pads, first aid kit. • Toddler Time
o Target Age Group: Ages 2 - 5 years old with parent/guardian participation o Location: John Wells Youth Center and Pan-American Center o Purpose: Toddlers and young children, along with their parent/guardian, will have the opportunity to learn cooperative activities such as art, music, outdoor play, healthy cooking (with parents), and story time on an age-appropriate scale.

The parent/guardian will have the opportunity to learn side by side with their toddler.
o Curriculum: California Infant/Toddler Curriculum Framework o Duration: 60 minutes
o Class Schedule: 35 classes
o Topics May Include: Colors and Shapes, Music and Movement, Animal Adventures, Storytime, Farmyard Friends, Bubbles and Ballons, and Transportation Fun
o Materials May Include: Sensory exploration, music and movement, story time, art and creativity, gross motor skills, and nature exploration. • Traffic and Pedestrian Safety
o Target Age Group: Ages 4 – 10 years old with parent/guardian participation o Location: John Wells Youth Center
Madera City Hall, 205 W 4th Street, Madera, CA 93637
PHONE: (559) 661-5400 • www.madera.gov
o Purpose: To instill awareness and knowledge of traffic rules and pedestrian safety to help reduce accidents and promote responsible road behavior from an early age.
o Curriculum: National Highway Traffic Safety Administration – Child Pedestrian Safety Curriculum
o Duration: 90 minutes
o Event Schedule: This delivery will be completed with one community event. o Materials May Include: Visual aids, model road signs, pedestrian crosswalk props, bicycle safety gear for demonstration and giveaways, and educational handouts for participants.
• Community Cleanup
o Target Age Group: Ages 5 and up
o Location: Town and Country Park
o Purpose: To educate participants about the importance of environmental stewardship and creating a healthier environment, as well as empower individuals to take action and contribute positively to their community, fostering a sense of pride. The event will get community members physically active, create a cleaner space in a popular community destination, engage the community, create social interactions, and encourage outdoor exploration for all members of the community. o Event Schedule: This delivery will be completed with one community event. o Curriculum: Clean California
o Duration: 60 minutes
o Topics May Include:
o Materials May Include: Trash-pickers, trash bags, refreshments, educational handouts

9. Estimated Budget:

Item Description Estimated Amount
Materials and Supplies $13,000
Project Team Hours $14,000
Total $27,000
ATTACHMENT 2
Resolution – Budget Amendment
a. Exhibit A – Budget Amendment
RESOLUTION NO. 25 - ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA AMENDING THE FISCAL YEAR 2024/25 BUDGET

APPROVING RELATED EXPENDITURE LINE ITEM RELATING TO CALFRESH

HEALTHY LIVING PROGRAM
WHEREAS, the City Council previously adopted a City-wide Budget for 2024/25 Fiscal Year; and
WHEREAS, the County of Madera has prepared a Purchasing Agent Agreement which will provide the City $27,000 for the period of October 1, 2024, through September 30, 2025; and
WHEREAS, amendments to the City-wide Budget for the 2024/25 Fiscal Year, listed in Exhibit A, attached hereto, is necessary to account for related expenditures of $18,000 to cover anticipated costs; and
WHEREAS, amendments to the City-wide Budget for the 2024/25 Fiscal Year, listed in Exhibit A, attached hereto, is necessary to account for related revenue expected of $18,000.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA finds, orders, and resolves as follows:

1. The above recitals are true and correct.

2. The appropriations for the items listed in Exhibit A, attached hereto, are approved.

3. A signed copy of this Resolution shall be placed on file in the office of the Director of Financial Services, who shall prepare the entries necessary to reflect budget changes identified in the City's accounting system.

4. This Resolution is effective immediately upon adoption. *****

ORG OBJECT
FUND CODE CODE DESCRIPTION (+) (-)
Parks Grant Fund 41096361 4683 Program Revenue $ 18,000 41096361 5005 Salaries/Part Time 9,333
41096361 6480 Program Supplies 8,667
$ 18,000 $ 18,000

EXHIBIT A

CITY OF MADERA
Budget Appropriations: Res. 25-______
Budget Adjustments for Fiscal Year 2024/25
1 REPORT TO CITY COUNCIL
Approved by: Council Meeting of: January 15, 2025
_________________________________ Agenda Number: ___________ Keith Helmuth, P.E., Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Acceptance and Reimbursement of Off-site Improvements for EZ Trip Fueling Station RECOMMENDATION:

A. Adopt a resolution:
a. Accepting off-site improvements for the EZ Trip Fueling Station b. Authorize the filing of the Notice of Acceptance for said off-site improvements B. Adopt a resolution approving a budget amendment increase of $700,000 for the purpose of reimbursing for improvements completed in connection with the EZ Trip Fueling Station Reimbursement Agreement
SUMMARY:

The Owner, Millenium Acquisitions LLC (Owner), has completed the off-site public improvements in accordance with the approved Reimbursement Agreement (Agreement) and improvement plans regarding SPR 2016-57 for the EZ Trip Fueling Station (EZ Trip). The Owner has paid all required fees and submitted a warranty bond for the completed improvements.

DISCUSSION:

EZ Trip is a commercial development located on the northeast corner of the intersection of Madera Avenue (SR 145) and Pecan Avenue. On December 12, 2017, the Planning Commission approved Site Plan Review (SPR 2016-57) and later approved an updated Site Plan Review (SPR 2016-57 MOD), as well as Conditional Use Permits (CUP 2016-35, 36 and 37) for ARCO/EZ-Trip.

A Reimbursement Agreement was later approved by Council on July 12, 2024. As part of the Conditions of Approval adopted via resolution by the Planning Commission on December 12, 2017, the Owner was conditioned to install the necessary off-site improvements to the City’s sewer and storm drain infrastructure to support the additional needs due to the development.

B-8
The Owner has completed the public improvements in accordance with the Agreement. Approval of Recommendation A will result in acceptance of sanitary sewer improvements along the Pecan Avenue project frontage and storm drain improvements that extend approximately from Pecan Avenue to Gary Lane on Madera Avenue (SR 145).

Due to the time frame in which funds accumulated, this account was not currently budgeted for the actual amount of available funds. In an effort to provide a reimbursement to the Owner of the full funds where immediately available, an amendment is needed to allow for the additional funds to be reimbursed. While the review process is still on-going, Staff is utilizing a conservative amount for budgeting to allow for adequate reimbursement to the Owner.

ENVIORNMENTAL REVIEW:

The Planning Commission, on December 12, 2017 adopted Mitigated Negative Declaration on May 8, 2022. The findings of the Planning Commission determined that with implementation of mitigation measures, there is no evidence that the project will have a significant effect on the environment.

FINANCIAL IMPACT:

Acceptance of this Project will result in the transfer of maintenance and resulting costs from the Owner to the City.

ALTERNATIVES:

Not accept the improvement. Should the City not accept the completed improvements, the Owner would not be able to be reimbursed.

ATTACHMENTS:

1. Resolution
a. Exhibit A: Notice of Acceptance

2. Resolution
a. Exhibit B: Budget Amendment
RESOLUTION NO. 25 - ___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, ACCEPTING IMPROVEMENTS REQUIRED TO BE INSTALLED IN

CONNECTION WITH EZ TRIP FUELING STATION, AND AUTHORIZING THE

FILING OF A NOTICE OF ACCEPTANCE FOR SUCH IMPROVEMENTS
WHEREAS, the Owner, Millenium Acquisitions LLC (Owner), has requested acceptance of the improvements associated with the EZ Trip Fueling Station (EZ Trip), and has submitted the required Warranty Bond; and
WHEREAS, the improvements consist ofsewer and storm drain improvements on Madera Avenue (SR 145) and Pecan Avenue; and
WHEREAS, the City Engineer has certified to this Council that the required improvements for EZ Trip, have been completed.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA HEREBY finds, orders, and resolves as follows:

1. The above recitals are true and correct.

2. The owner has completed the remaining improvements for EZ Trip Fueling Station.

3. The improvements for the EZ Trip Fueling Station are accepted.

4. The City Clerk is hereby authorized and directed to record a Notice of Acceptance as required by Section 10-2.712.2 of the Madera Municipal Code. * * * * *
Recording Requested By:

City of Madera
When Recorded, Return To:

City Clerk
City of Madera
205 W. 4th Street
Madera, CA 93637
______________________________________________________________________________________ Fee Waived Per Section 27383 of the Government Code

NOTICE OF ACCEPTANCE

OF OFF-SITE IMPROVEMENTS
• NOTICE IS HEREBY GIVEN that on January 15, 2025, the City Council of the City of Madera confirmed the satisfactory completion of all off-site improvements as shown on the plans for EZ Trip Fueling Station (CUP 2016-35,36,37 & SPR 2016-57, 2016-57 MOD)
Dated: ___________
By: _________________
Alicia Gonzales
City Clerk
RESOLUTION NO. 25-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA APPROVING A BUDGET AMENDMENT TO ALLOW FOR

REIMBURSEMENT OF PUBLIC IMPROVEMENTS ASSOCIATED WITH THE EZ

TRIP FUELING STATION
WHEREAS, acceptance of improvements for the EZ Trip Fueling Station (EZ Trip) constructed by Millenium Acquisitions LLC (Owner) was approved by the City Council on January 15, 2025; and
WHEREAS, the EZ Trip is subject to an Reimbursement Agreement (Agreement) between Owner and City dated July 15, 2024 that provides for reimbursement of certain improvements including storm drain and sewer pipe; and
WHEREAS, with construction occurring within the pre-existing Storm Drain area, the Existing Service Area Storm Drain Impact Fee account, from which funds will be used to reimburse, has accumulated funds that were not previously budgeted to fully reimburse the Owner; and
WHEREAS, the Budget Amendment would allow for Reimbursement as outlined in the Agreement
WHEREAS, there are insufficient funds programmed in the FY 2024/25 Existing Service Area Storm Drain Impact Fee account; and
WHEREAS, funds are available in the Existing Storm Drain Impact Fee Account No.41040000--1005
NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA hereby resolves, finds, determines and orders as follows:

1. The above recitals are true and correct.

2. The FY 2024/2025 Budget is hereby amended in accordance with Exhibit B, Budget Amendment Breakdown which is attached and incorporated by reference herein.

3. The City Clerk is authorized and directed to forward a copy of the resolution to the Director of Finance who is authorized to take such action as necessary to implement the terms of this resolution.

4. This resolution is effective immediately.
* * * * *
Exhibit B
City of Madera
Budget Amendment
Org Code Object
Code
Description
Appropriation as part of
Construction Approval
+ -
41040000 4900 Budgetary Carryover $700,000
41040000 6800 Due To Developers $700,000

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: January 15, 2025
_________________________________ Agenda Number: ___________ Michael Lima, Director of Financial Services
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Change order to piggyback purchase agreement for Fleet Division-related purchase RECOMMENDATION:

Adopt a Resolution approving changing the vendor on the Sourcewell piggyback agreement for the purchase of the all-electric utility truck from PB Loader to TerriCorp, Inc. dba Kingsburg Truck Center
SUMMARY:

Council adopted Resolution No. 24-73 on June 5, 2024 approving the Sourcewell piggyback agreement for the purchase of an all-electric utility truck for the Facilities Division from PB Loader. Included in the quote was a $60,000 voucher from the California Air Resources Board (CARB) reducing the cost of the vehicle.

Since adoption of the resolution, CARB has notified staff that payment needs to be made to TerriCorp, Inc. dba Kingsburg Truck Center (KTC), the authorized dealer, in order to receive the CARB voucher instead of the final upfitter, PB Loader. Thus, a resolution authorizing a change order is necessary to meet CARB’s requirements.

DISCUSSION:

Council approved Resolution No. 24-73 on June 5, 2024, approving the Sourcewell piggyback agreement for the purchase from PB Loader of an all-electric utility truck for the Facilities Division in the amount of $129,016.41. Included in the quote was a $60,000 voucher from the California Air Resources Board (CARB) reducing the cost of the vehicle. The California Hybrid and Zeroemission Truck and Bus Voucher Incentive Project (HVIP) is a point-of-sale voucher issued to make advanced vehicles affordable.

B-9
PB Loader and KTC worked in conjunction to provide this new all-electric truck for the Facilities department. KTC is the authorized dealer for the Workhorse vehicle chassis, while PB Loader provided the final up fit through the Sourcewell Contract. Since adoption of this resolution, it has been noted by CARB and the HVIP program that the point of sale to receive the voucher must be the approved vehicle dealer: in this case, KTC. Staff is requesting changing the payee from PB Loader to KTC with their associated Sourcewell contract number in order to receive the $60,000 voucher.

FINANCIAL IMPACT:

If adopted, there will be no financial impact to the City. The new Sourcewell contract and purchase agreement does not change the terms or price of the all-electric truck purchase. The final payee and recipient of the HVIP voucher will now be KTC instead of PB Loader.

ALTERNATIVES:

As an alternative, Council may reject the change in payee and Sourcewell contract. This action will result in loss of the $60,000 voucher and an increase in price of the vehicle by an equal amount (for a new total price of $189,016.41). If Council chooses this alternative, staff will return at a future Council meeting with a budget amendment to provide additional funding for this purchase.

ATTACHMENTS:

1. Resolution approving changing the Sourcewell piggyback agreement for the purchase of the all-electric utility truck from PB Loader to TerriCorp dba Kingsburg Truck Center.

2. Sourcewell piggyback contract documentation
RESOLUTION NO. _______

RESOLUTION APPROVING CHANGING THE SOURCEWELL PIGGYBACK

AGREEMENT FOR THE PURCHASE OF THE ALL-ELECTRIC UTILITY TRUCK FROM PB LOADER TO TERRICORP, INC. DBA KINGSBURG TRUCK CENTER WHEREAS, a piggyback contract can be executed via another entity’s agreement when the items or services have already been bid by other governmental agencies or special cooperative agreements, provided such contracts are the result of competitive bidding, and that the competitive bidding process used, and all terms and conditions are substantially the same as the City’s competitive bidding process and terms and conditions; and WHEREAS, the City Council (‘Council’) approved Ordinance 996 C.S. on December 21, 2022, which added Title II Section 4 Purchasing Procedures to City’s Municipal Code; and WHEREAS, Ordinance 996 C.S. allows the City to utilize piggyback purchasing procedures to purchase supplies, equipment, or services without completing the City’s bidding or proposal process, from any supplier who offers the goods or services at the same or better price, terms, and/or conditions as the supplier previously offered to another public; and WHEREAS, On June 5,2024, Council approved a piggyback purchase to PB Loader through Sourcewell for the purchase of an all-electric utility truck; and WHEREAS, subsequent to Council’s approval, staff was notified by the California Air Resources Board that the vendor in the transaction needed to be changed from PB Loader to TerriCorp Inc. dba Kingsburg Truck Center in order to receive a $60,000 voucher to be applied to the purchase price of the vehicle; and
WHEREAS, Council approval is needed to change the vendor from PB Loader to TerriCorp, Inc. dba Kingsburg Truck Center.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA does hereby resolve, find, and order as follows:

1. The above recitals are true and correct and are incorporated herein by this reference.

2. The Council approves changing the Sourcewell piggyback agreement for purchase of the all-electric utility truck from PB Loader to TerriCorp, Inc. dba Kingsburg Truck Center.

3. The Council authorizes the City Manager to enter into a contract with TerriCorp Inc., dba Kingsburg Truck Center consistent with the material terms of Sourcewell Contract No. 032824, subject to approval as to legal form by the City Attorney.

4. This Resolution shall take effect immediately upon its adoption. * * *
ATTACHMENT 2
Sourcewell piggyback contract documentation
https://files.sourcewell.org/public/Shared%20Documents/Solicitations/10876/00006190/ Contract%20Documents/Workhorse%20Contract%20032824.pdf
1 REPORT TO THE CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: January 15, 2025
Agenda Number: B-10
Will Tackett, Community Development Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Second reading and adoption of Ordinance Text Amendment (OTA) 2024-02, for the amendment of Chapter 3 of Title X: Planning and Zoning of the City Municipal Code RECOMMENDATION:

The Planning Commission and staff recommend the City Council conduct a public hearing and take action as follows:

1. Waive full reading and adopt an Ordinance of the City Council of the City of Madera determining the project is exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines and amending Chapter 3 of Title X: Planning and Zoning of the City Municipal Code regarding housing-related definitions, procedures, and regulated uses in zone districts that allow housing.

SUMMARY:

An amendment of the City’s zoning regulations requires two actions by the City Council (Council):
the introduction of the Ordinance (first reading); and the adoption of the Ordinance (second reading). The Council waived the first reading and introduced by title only Ordinance Text Amendment (OTA) 2024-02, for the amendment of Chapter 3 of Title X: Planning and Zoning of the City Municipal Code at a public hearing held on December 18, 2024.

On December 2, 2015, the City adopted the 2016-2024 Housing Element (5th Cycle), which included an evaluation of the City’s regulations and practices, and recommended programs (referred to as action items in this version of the Housing Element) to demonstrate compliance with State-mandated requirements related to housing. Of these action items, Action Item H1.1.3, H-1.1.4, H-1.3.1, and H-4.6.1 were developed and adopted with the intention of modifying the zoning ordinance to not only come into compliance with State law but to minimize governmental constraints for a variety of housing options, especially housing for special needs groups. The City is now in the process of updating its 6th Cycle Housing Element for the 2024- 2032 planning period, which includes similar programs requiring amendments to the City’s zoning ordinance for compliance with recent State legislation.

As a result, the City has initiated an Ordinance Text Amendment (OTA) 2024-02 to Chapter 3 of Title X of the City’s Municipal Code. OTA 2024-02 proposes to make the necessary modifications to implement the Housing Element, in addition to accommodating other State of California housing-related regulations that have taken effect over the last several years.

City Municipal Code (CMC) Section 10-3.1500 et seq. provides that a public hearing shall be held before the Planning Commission (Commission) for proposed amendments the Zoning Regulations of the CMC (Chapter 3, Title X); and, after the conclusion of the public hearing, the Commission shall render a recommendation to the City Council (Council). Accordingly, the Commission held a public hearing on December 10, 2024, to consider the proposed changes to Chapter 3 of Title X of the Madera Municipal Code and voted to recommend that the City Council approve the amendments. Following the recommendation made by the Commission, the Council shall take action pursuant to CMC Section 10-3.1509.

BACKGROUND:

Under California law, all cities and counties are required to adopt and maintain a General Plan (Government Code [GC] Section 63500, et seq.). The General Plan must contain eight mandatory elements (topical areas): land use, circulation, housing, conservation, open space, noise, safety, and environmental justice. The Housing Element is the only element that must be updated on a specified schedule. Each city or county is required to update its Housing Element every eight years. Each eight-year planning period is referred to as a “cycle.” The current cycle is the 6th Cycle, which runs from 2024-2032. The County of Madera, as well as all of the other San Joaquin Valley counties, are each making updates to their Housing Elements within the 2024-2032 cycle. GC Sections 65580-65589.11 specify the contents for Housing Elements along with the update schedule. A Housing Element must identify and analyze the jurisdictions existing and projected housing needs to ensure adequate housing exists for all economic segments of the community.

As discussed above, the Housing Element is required to have programs which implement the Housing Element. Some of these programs have specific timelines that are required to be met in order for the City to be in compliance with State Housing Element Law. In the case of Madera, the Housing Element states that the City will review and revise the City’s zoning ordinance within one year of the adoption deadline for the City’s 6th cycle housing element (or by December 31, 2024). The intent of these zoning ordinance changes are to affirmatively further fair housing practices that reduce barriers for special needs groups and low-income individuals to find housing within the City. While the zoning ordinance changes do not in themselves create housing products, they would streamline housing production for many housing types by making them byright uses. Additionally, definitions relating to housing are updated within the zoning ordinance, accessory dwelling unit regulations are revised to encourage housing that would help the City meet its Regional Housing Needs Allocation, and housing developments are streamlined in general to encourage “Missing Middle Housing”.

On December 6, 2023, the Council adopted Resolution No. 23-204 approving a master agreement between the Madera County Transportation Commission (MCTC) and the City to apply, received, perform and utilize suballocated Regional Early Action Plan (REAP) funds to review and assess local ordinances and regulations and to amend zoning regulations which demonstrate a nexus to increasing housing, accelerating production and/or facilitating compliance to implement the 6th Cycle Housing Element Update. The proposed amendments to the Zoning Regulations are a result of this agreement and subsequent efforts.

ANALYSIS:

OTA 2024-02 would add or clarify procedures, definitions, and use regulations for housingrelated uses in zones that allow for residential uses within the City. The amendments proposed under OTA 2024-02 comply with State housing laws designed to reduce the amount of subjectivity and discretion that agencies, including the City, can impose on certain housing developments. Following is a summary of the amendments reflected in OTA 2024-02, included as Exhibit “A” to the attached Resolution (Attachment 1).

Procedures
The following procedures for the items listed below have been updated or added to the zoning ordinance. Each of these procedures are required for compliance with specific State legislation.  Reasonable Accommodations (City Municipal Code [CMC] Section 10-3-5.201 et. seq.) o The existing Reasonable Accommodations language in the zoning ordinance has been updated to reflect the latest requirements of State law.  Administrative Plan Review (CMC Section 10-3-4.201 et. seq.) o State law requires that certain uses be ministerially approved, so long as they meet the required standards. The Administrative Plan Review process has been added in order to establish an approval process for ministerial projects.

Accessory Dwelling Unit Provisions (CMC Section 10-3.513) The zoning ordinance amendments now reflect the most recent requirements for accessory dwelling units, including the number and type of accessory dwelling units allowed and the objective standards applicable to accessory dwelling units. Review of accessory dwelling units is required to be ministerial, which is also reflected in the amendments. The number and type of accessory dwelling units allowed, as proposed in the zoning ordinance amendments, are described in further detail below. The proposed amendments are consistent with State law and in some cases allow for additional flexibility in the allowance of accessory dwelling units.

Multifamily Residential
Senate Bill 1211, which takes effect January 1, 2025, allows for existing multifamily developments to have up to eight total detached accessory dwelling units, with the stipulation that the development may have one detached accessory dwelling unit for every primary unit in the existing development up to a maximum of eight. Proposed multifamily development projects may have up to two detached accessory dwelling units. As proposed, the amended zoning ordinance would allow both existing and proposed multifamily developments to allow one detached accessory dwelling unit for every primary unit, up to a maximum of eight accessory dwelling units on a site.

Single Family Residential
As proposed, the amended zoning ordinance would allow single-family residential lots to provide one junior accessory dwelling unit, one attached accessory dwelling unit, and one detached accessory dwelling unit, which is consistent with State law. Additionally, the amended zoning ordinance would allow for “bonus” accessory dwelling units in excess of the maximum allowed on a single-family lot pursuant to State law. Bonus accessory dwelling units would apply specifically to single family residential zoned lots. Bonus accessory dwelling units would be granted based on affordability. Should a single-family lot deed restrict an accessory dwelling unit, it would qualify for one bonus accessory dwelling unit, which would be in addition to the number of accessory dwelling units allowed under State law. If a single-family lot provides two deed restricted accessory dwelling units, they would be granted another bonus accessory dwelling unit for a total of two bonus accessory dwelling units so long as the second bonus accessory dwelling unit meets certain accessibility requirements consistent with the American Disability Act (ADA).

Single family residential lots would be allowed to provide a combination of units, including the primary unit, a junior accessory dwelling unit, and accessory dwelling units, not to exceed eight total units on a given lot. These provisions would provide an innovative way to encourage housing across the City, promote senior housing, and seek to lower housing costs with a large housing stock available to City residents. All units would still be required to meet applicable development standards for the property.

State Density Bonus Law Provisions (CMC Section 10-3-5.101 et. seq.) The affordable housing density bonus provisions in the existing zoning ordinance have been updated to meet the most recent version of these regulations, consistent with State law.

Definitions (CMC Section 10-3.201)
The following definitions have been added to or amended in the zoning ordinance for consistency with State mandated requirements.
 Accessory Dwelling Units
 Emergency Shelters
 Employee Housing
 Family
 Farmworker Housing
 Group Residential Facility, Small and Large
 Low Barrier Navigation Centers
 Manufactured Home
 Mobile Home Park
 Residential Care Facilities
 Single Room Occupancy
 Supportive Housing
 Transit Corridor
 Transit Stop
Allowed Uses
The following uses have been added as permitted or conditionally permitted uses within the noted zone districts.
 Permitted uses with Administrative Plan Review approval in Residential Districts (R-1, R-2, R3) o Accessory Dwelling Units
o Mobilehomes
o Multifamily housing types (duplexes, triplexes, fourplexes, etc.) o Transitional Housing
o Supportive Housing
 Permitted uses Commercial and Industrial Districts (PO, C-1, C-2, C-R, C-N, I) o Low Barrier Navigation Centers
o Supportive Housing
o Transitional Housing
 Conditionally permitted uses in Commercial Districts (PO, C-1, C-2, C-N) o Single Room Occupancy Units
Other Changes
Changes made outside of those required by State Law include what is listed below.  Removal of the Zoning Administrator role and assignment of the Zoning Administrator duties to the Planning (Community Development) Director.
o The Zoning Administrator role is found not to be a necessary piece of the zoning ordinance and contrary to efforts to streamline processes, including housing production in some zone districts. As a result, the duties of the Zoning Administrator and uses subject to Zoning Administrator approval have been alternatively assigned.

This will decrease any potential for confusion in processual requirements and contribute to the streamlining of application processing.  Procedures for amendments to previously approved permits o Processes for revisions to previously approved permits have been added, allowing changes that meet certain thresholds to be approved at staff level. Changes that exceed the set thresholds must be considered by the original approval authority for the permit. This will streamline approvals for changes to permits that are minor or routine in nature.
 Expansion of language regarding interpretation
o The existing zoning ordinance contains language regarding where interpretation of the ordinance applies, however it does not provide the authority to interpret. The interpretation language has therefore been expanded to allow the Planning Director to make interpretations of the zoning ordinance. An interpretation made by the Planning Director may be appealed to the Planning Commission.  Codification of a General Plan Amendment process
o The City processes General Plan Amendments via recommendation by the Planning Commission and approval by the City Council, but the process and level of authority is not outlined in the existing ordinance. Language has been added to outline the process.
 Other changes which were made on the basis of clarifying existing language or processes and to eliminate redundancies in the existing zoning ordinance ENVIRONMENTAL REVIEW:

The first step in complying with the California Environmental Quality Act (CEQA) is to determine whether the activity in question constitutes a “project” as defined by CEQA (Public Resources Code Section 21000, et seq.) and the CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3, Section 15000, et seq.). A “project” consists of the whole of an action (i.e., not the individual pieces or components) that may have a direct or reasonably foreseeable indirect effect on the environment. The second step is to determine whether the project is subject to or exempt from the statute. This proposal qualifies as a project under CEQA because it involves an amendment to the zoning ordinance as described in CEQA Guidelines Section 15378(a)(1).

OTA 2024-02 does not authorize any particular activity. Any proposed future development would be subject to CEQA analysis if subject to discretionary approvals. Therefore, staff supports a finding consistent with CEQA Guidelines Section 15061(b)(3). Under this general “common sense” rule, it can be shown with certainty that the project does not have the potential to have a significant effect on the environment, and therefore it is not subject to further environmental review.

COUNCIL ACTION:

The Council will be acting on OTA 2024-02. Staff recommends that the Council:

ALTERNATIVES:

As an alternative, the Council may elect to:

1. Move to refer the item back to staff and/or continue the public hearing to a future City Council meeting at a date and time certain with direction to staff to return with an updated staff report and/or Ordinance (Council to specify and articulate reasons for referral/continuance).

2. Move to deny the request.

3. Provide staff with other alternative directives.

ATTACHMENTS:

1. Planning Commission Resolution (Recommendation)

2. City Council Ordinance
Exhibit “A” – OTA 2024-02 Draft Ordinance
ATTACHMENT 1
Planning Commission Resolution
(Recommendation)
RESOLUTION NO. 2012

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MADERA

RECCOMENDING THE CITY COUNCIL OF THE CITY OF MADERA ADOPT AN ORDINANCE AMENDING CHAPTER 3 OF TITLE X: PLANNING AND

ZONING OF THE CITY MUNICIPAL CODE REGARDING HOUSING-RELATED

DEFINITIONS, PROCEDURES, AND REGULATED USES IN ZONE DISTRICTS

THAT ALLOW HOUSING
WHEREAS, pursuant to the authority granted to the City of Madera ("City") by Article XI, Section 7 of the California Constitution, the City has the police power to adopt regulations designed to promote public health, public morals, or public safety; and WHEREAS, comprehensive zoning regulations and regulations upon the use of land and property within the City lie within the City's police power; and WHEREAS, the City is in the process of preparing its 6th Cycle Housing Element, which would contain implementation programs requiring the City to make updates to its Zoning Ordinance that would affirmatively further fair housing practices and streamline housing processes within the city in order to comply with State law; and WHEREAS, on December 6, 2023, the Council adopted Resolution No. 23-204 approving a master agreement between the Madera County Transportation Commission (MCTC) and the City to apply, received, perform and utilize suballocated Regional Early Action Plan (REAP) funds to review and assess local ordinances and regulations and to amend zoning regulations which demonstrate a nexus to increasing housing, accelerating production and/or facilitating compliance to implement the 6th Cycle Housing Element Update; and WHEREAS, Ordinance Text Amendment (OTA) 2024-02 that would amend Chapter 3 of Title X ofthe Madera Municipal Code (Planning and Zoning) in order to comply with State Housing Element Law and implement the Madera General Plan and implement procedures consistent with refinements to State law; and
WHEREAS, State law requires that OTA 2024-02 be adopted on or prior to December 31, 2024;and
WHEREAS, OTA 2024-02 will have a positive impact on the City and its citizens by providing opportunities for additional housing options at a variety of income levels and will bring the City into compliance with recent State legislation; and WHEREAS, the City has determined that the project is exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15061(b)(3) and that no additional environmental analysis is required; and WHEREAS, under the City's Municipal Code, the Planning Commission (Commission) is a recommending body for Ordinance Text Amendments and will forward a recommendation to the Madera City Council (Council) on OTA 2024-02; and
WHEREAS, the City provided notice of the Commission hearing as required by law on October30,2024;and
WHEREAS, at the November 12, 2024, Planning Commission hearing, the Commission continued the item to the December 10, 2024, Planning Commission hearing; and WHEREAS, the Commission received and independently reviewed OTA 2024-02 at a duly noticed meeting on December 10, 2024; and
WHEREAS, at the December 10, 2024, Commission meeting, a public hearing was held, the public was provided an opportunity to comment, and evidence, both written and oral, was considered by the Commission; and
WHEREAS, the Commission has independently completed its review of the staff report and documents submitted for OTA 2024-02, evaluated the information contained within the report and documents submitted, and considered testimony received as part of the public hearing process; and
WHEREAS, after due consideration of the items before it, the Commission now desires to adopt Resolution recommending that the Council adopt OTA 2024-02.

NOW, THEREFORE, be it resolved by the Planning Commission of the City of Madera as follows:

1. Recitals: The above recitals are true and correct and are incorporated herein.

2. ~: A preliminary environmental assessment was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA). The Planning Commission recommends the City Council determine the project is exempt pursuant to Section 15061(b)(3) of the CEQA Guidelines. The activity is covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Here, OTA 2024-02 does not authorize any particular activity, and is primarily being updated to address and implement changes to State law and to and add refinements to local policies that are within the scope of the State law. Any proposed future development would be subject to CEQA analysis if subject to discretionary approvals. No further environmental analysis is required.

3. Recommendation: The Commission hereby recommends that the Council approve OTA 2024-02, amending the sections of Chapter 3 of Title X of the City Municipal Code enumerated herein and in substantially the form contained in Exhibit "A" attached hereto with deletions shown in strikethrough and additions shown in underline.

The following sections have been proposed for amendment:
• 10-3.201 DEFINITIONS.
• 10-3.301 ESTABLISHMENT.
• 10-3.302 ZONING MAPS.
o Subsection(s): (B)
• 10-3.304 ZONE BOUNDARIES.
• 10-3.401 INTERPRETATION.
• 10-3.405 USES.
o Subsection(s): {I), (J), (L)
• 10-3.406 NONCONFORMING BUILDINGS AND USES.
o Subsection(s): (H)
• 10-3.412 FENCES, WALLS, AND HEDGES.
o Subsection(s): (C)
• 10-3.415 DWELLING ON FRONT OF LOTS
• 10-3.416 OUTDOOR RETAIL SALES.
o Subsection(s): (B)
• 10-3.4.0101 PURPOSES.
• 10-3.4.0105 REVIEW AND ACTION.
o Subsection(s): (A), (B), (C)
• 10-3.40106 APPROVAL DETERMINATIONS.
• 10-3.4.017 CONDITIONS OF APPROVAL.
• 10-3.4.0108 STREET DEDICATIONS AND IMPROVEMENTS.
o Subsection(s): (A), (B), (D), (E)
• 10-3.4.0110 RELATIONSHIP TO ENVIRONMENTAL ASSESSMENT PROCEDURES. • 10-3.4.0113 BUILDING PERMIT.
• 10-3.4.0114 LAPSE OF SITE PLAN APPROVAL.
• 10-3.4.0115. OCCUPANCY.
o Subsection(s): (A)
• 10-3.4.0116 APPEAL TO THE PLANNING COMMISSION.
• 10-3.4.0117 APPEAL TO THE CITY COUNCIL.
o Subsection(s): (B), (D), (E)
• 10-3.501 R ZONES; PURPOSE AND APPLICATION.
• 10-3.504 USES ALLOWED WITH ADMINISTRATIVE APPROVAL.
• 10-3.505 CONDITIONAL USES; COMMISSION APPROVAL.
• 10-3.506 FENCES, WALLS, AND HEDGES.
• 10-3.507 MINIMUM SITE AREA AND DIMENSIONS.
• 10-3.508 YARD REQUIREMENTS.
• 10-3.509 MINIMUM OPEN SPACE.
• 10-3.510 BUILDING HEIGHT.
• 10-3.512 MULTIPLE SINGLE-FAMILY DWELLING UNITS.
• 10-3.513 ACCESSORY DWELLING UNITS.
• 10-3-5.101 PURPOSE.
• 10-3-5.201 PURPOSE.
• 10-3-5.202 APPLICABILITY.
o Subsection(s): (A)
• 10-3-5.203 PROCEDURE.
o Subsection(s): (A), (C), (D), (E)
• 10-3-5.204 APPROVAL FINDINGS.
• 10-3-5.205 CONDITIONS OF APPROVAL.
• 10-3-5.206 APPEALS.
o Subsection(s): (A), (B), (F)
• 10-3.752 USES PERMITTED.
o Subsection(s): (A), (B), (C)
• 10-3.802 USES PERMITTED.
o Subsection(s): (A), (B), (C)
• 10-3.902 USES PERMITTED.
o Subsection(s): (A), (B), (C)
• 10-3-9.102 PERMITTED USES.
o Subsection(s): (A), (C)
• 10-3-9.102.1 USES ALLOWED WITH ADMINISTRATIVE APPROVAL. • 10-3-9.202 PERMITTED USES.
• 10-3-9.202.1 USES ALLOWED WITH ADMINISTRATIVE APPROVAL. • 10-3-9.203 CONDITIONAL USES.
• 10-3-9.302.1 USES ALLOWED WITH ADMINISTRATIVE APPROVAL. • 10-3.1002 USES PERMITTED.
o Subsection: (A), (B), (D)
• 10-3.11.503.1 USES REQUIRING AN ADMINISTRATIVE APPROVAL • 10-3.1202 PARKING SPACES REQUIRED.
• 10-3.1306 PUBLIC HEARINGS.
o Subsection(s): (A)
• 10-3.1307 ACTION BY COMMISSION.
o Subsection(s): (B)
• 10-3.1309 APPEALS.
• 10-3.1310 ACTION ON APPEALS BY COUNCIL.
o Subsection(s): (D)
• 10-3.1502 INITIATION OF PROCEDURE.
o Subsection(s): (B)
• 10-3.1506 NOTICES.
o Subsection(s): (A), (B)
• 10-3.1508 FINDINGS OF THE COMMISSION.
• 10-3.1601 INTERPRETATION
o Subsection(s): (B) and (E) [for deletion]
• 10-3.1605 COMMENCEMENT OF PROCEEDINGS.

The following section would be added:
• 10-3.402 APPLICABILITY.
• 10-3.417 AMENDMENTS TO PREVIOUSLY APPROVED PERMITS
• 10-3.423 SINGLE ROOM OCCUPANCY
• 10-3.4.0111 AMENDMENT OF APPROVED PLANS.
• 10-3-4.201 PURPOSE
• 10-3-4.202 APPLICABILITY
• 10-3-4.203 APPLICATION REQUIREMENTS
• 10-3-4.204 REVIEW AND ACTION
• 10-3-4.205 APPROVAL FINDINGS
• 10-3-4.206 NOTICE OF DECISION
• 10-3-4.207 APPEALS
• 10-3-4.208 LAPSE OF APPROVAL & EXTENSIONS
• 10-3-4.209 AMENDMENTS
• 10-3.502 DENSITY.
• 10-3.503 PERMITTED USES.
• 10-3-5.102 APPLICABILITY
• 10-3-5.103 ELIGIBILITY FOR BONUS, INCENTIVES, OR CONCESSIONS. • 10-3-5.104 APPLICATION
• 10-3-5.105 DENSITY BONUS ALLOWANCES FOR QUALIFIED HOUSING DEVELOPMENTS • 10-3-5.106 DENSITY BONUS ALLOWANCES FOR TARGET POPULATION HOUSING • 10-3-5.107 DENSITY BONUS ALLOWANCES FOR QUALIFIED LAND DONATIONS • 10-3-5.108 INCENTIVES AND CONCESSIONS
• 10-3-5.109 WAIVERS OR REDUCTIONS OF DEVELOPMENT STANDARDS • 10-3-5.110 PARKING STANDARD MODIFICATIONS
• 10-3-5.111 AFFORDABLE HOUSING AGREEMENT
• 10-3-5.207 AMENDMENTS
• 10-3-5.208 CONSIDERATION FACTORS
• 10-3.603 (RESERVED).
• 10-3.604 (RESERVED).
• 10-3.1801 NECESSITY
• 10-3.1802 APPLICABILITY
• 10-3.1803 APPLICATION AND FEES
• 10-3.1804 APPROVAL AUTHORITY
• 10-3.1805 PUBLIC HEARING AND NOTICING
• 10-3.1806 CONDITIONS OF APPROVAL
• 10-3.1807 FINDINGS FOR APPROVAL
• 10-3.1808 APPEALS
• 10-3.1809 AMENDMENTS
• 10-3.1901 NECESSITY
• 10-3.1903 APPLICATION AND FEES
• 10-3.1904 APPROVING AUTHORITY
• 10-3.1905 PUBLIC HEARING AND NOTICE
• 10-3.1906 FINDINGS OF APPROVAL
• 10-3.1907 NOTICE OF DECISION
• 10-3.1908 APPEALS
• 10-3.1909 EXPIRATION AND TIME EXTENSION
• 10-3.1910 AMENDMENTS
• 10-3.1911 FREQUENCY OF AMENDMENTS
• 10-3.1912 ADDITIONAL NOTICE REQUIRED
The following sections would be deleted (and reserved as appropriate):
• 10-3.402 LESS RESTRICTIVE LESS PROHIBITED.
• 10-3.415.1 (Reserved).
• 10-3.417 ZONING ADMINISTRATOR
• 10-3.419 TELECOMMUNICATION TOWERS, ANTENNAS AND STRUCTURES (REPEALED) • 10-3.4.0111 REVISIONS OF APPROVED PLANS.
• 10-3-4.301 ENVIRONMENTAL REVIEW
• 10-3.502 R; PERMITTED USES
• 10-3.503 R; DENSITY
• 10-3.504.1 R; USES ALLOWED WITH ZONING ADMINISTRATOR'S PERMIT. • 10-3-5.104 ALLOWED INCENTIVES OR CONCESSIONS.
• 10-3-5.1056 DENSITY BONUS ALLOWANCES FOR TARGET POPULATION HOUSING • 10-3-5.106 DENSITY BONUS ALLOWANCES FOR QUALIFIED LAND DONATIONS • 10-3-5.104 ALLOWED INCENTIVES OR CONCESSIONS.
• 10-3-5.106 PARKING REQUIREMENTS IN DENSITY BONUS PROJECTS. • 10-3-5.106 BONUS AND INCENTIVES FOR DEVELOPMENTS WITH CHILD CARE FACILITIES. • 10-3-5.107 CONTINUED AVAILABILITY.

Commissioners Rohi Zacharia, Bobby Sheikh, Balwinder Singh, Saim Mohammad, Vice Chairperson Ramon Lopez, Chairperson Robert Gran Jr.

None
Commissioner Jose Eduardo Chavez
None
• 10-3-5.108 LOCATION AND TYPE OF DESIGNATED UNITS.
• 10-3-5.109 DENSITY BONUS AGREEMENT.
• 10-3-5.110 CONTROL OF RESALE.
• 10-3-5.111 JUDICIAL RELIEF, WAIVER OF STANDARDS.
• 10-3.603 RCO PERMITTED USES; ADMINISTRATIVE APPROVAL (REPEALED) • 10-3.604 RCO CONDITIONAL USES; COMMISSION APPROVAL (REPEALED)

4. Effective Date: This resolution is effective immediately. * * * * *
Passed and adopted by the Planning Commission of the City of Madera this 10th day of December 2024, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

Robert Gran Jr.

Planning Commission Chairperson
Attest:
-s: -====-==-s
Will Tackett
Community Development Director
Exhibit "A" - OTA 2024-02 Draft Ordinance.

ATTACHMENT 2
City Council Ordinance
Including:

Exhibit “A”: OTA 2024-02
ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA DETERMINING THE PROJECT IS EXEMPT PURSUANT TO SECTION 15061(b)(3) OF THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES AND AMENDING CHAPTER 3 OF TITLE X: PLANNING AND ZONING OF THE CITY

MUNICIPAL CODE REGARDING HOUSING-RELATED DEFINITIONS, PROCEDURES,

AND REGULATED USES IN ZONE DISTRICTS THAT ALLOW HOUSING WHEREAS, pursuant to the authority granted to the City of Madera (“City”) by Article XI, Section 7 of the California Constitution, the City has the police power to adopt regulations designed to promote public health, public morals, or public safety; and
WHEREAS, comprehensive zoning regulations and regulations upon the use of land and property within the City lie within the City’s police power; and WHEREAS, the City is in the process of preparing its 6th Cycle Housing Element, which would contain implementation programs requiring the City make updates to its Zoning Ordinance that would affirmatively further fair housing practices and streamline housing processes within the city in order to comply with State law; and
WHEREAS, on December 6, 2023, the Council adopted Resolution No. 23-204 approving a master agreement between the Madera County Transportation Commission (MCTC) and the City to apply, received, perform and utilize suballocated Regional Early Action Plan (REAP) funds to review and assess local ordinances and regulations and to amend zoning regulations which demonstrate a nexus to increasing housing, accelerating production and/or facilitating compliance to implement the 6th Cycle Housing Element Update; and
WHEREAS, Ordinance Text Amendment (OTA) 2024-02 would amend Chapter 3 of Title X of the Madera Municipal Code (Planning and Zoning) in order to comply with State Housing Element Law and implement the Madera General Plan and implement procedures consistent with refinements to State law; and
WHEREAS, a preliminary environmental assessment was performed and the proposed project was found to be exempt pursuant to Section 15063(b)(3) (General Rule/Common Sense) of the California Environmental Quality Act (CEQA) Guidelines; and
WHEREAS, under the Section 10-3.1508 of the City’s Municipal Code (CMC), the Planning Commission (Commission) is a recommending body for Ordinance Text Amendments; and WHEREAS, the Commission held a duly noticed public hearing for OTA 2024-02 on December 10, 2024, the Commission received and independently reviewed OTA 2024-02 and after due consideration of all the items before it, voted to recommend that the Council adopt the environmental determination for purposes of CEQA and approve OTA 2024-02; and
WHEREAS, under the Section 10-3.1509 of the City’s Municipal Code, the Council shall take action upon receiving a recommendation from the Commission in regard to a proposed ordinance text amendment at a subsequent public hearing; and
WHEREAS, State law requires that OTA 2024-02 be adopted on or prior to December 31, 2024; and
WHEREAS, the City provided notice of the Council hearing as required by law on December 7, 2024; and
WHEREAS, the Council received and independently reviewed OTA 2024-02 at the regularly scheduled meeting of the Council held on December 18, 2024; and WHEREAS, at the December 18, 2024, Council meeting, a public hearing was held, the public was provided an opportunity to comment, and evidence, both written and oral, was considered by the Council; and
WHEREAS, after due consideration of the items before it, the Council now desires to adopt OTA 2024-02.

NOW THEREFORE, the City Council of the City of Madera ordains as follows:

SECTION 1. Recitals. The City Council hereby finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.

SECTION 2. CEQA Determination. A preliminary environmental assessment was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA). The City Council has determined the project is exempt pursuant to Section 15061(b)(3) (Common Sense) of the CEQA Guidelines. The activity is covered by the general rule common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. OTA 2024-02 does not authorize any particular activity. Any proposed future development would be subject to CEQA analysis if subject to discretionary approvals. No further environmental analysis is required.

SECTION 3. Approval of OTA 2024-02. The Council hereby approves OTA 2024-02, amending the sections of Chapter 3 of Title X of the City Municipal Code enumerated herein and in substantially the form contained in Exhibit “A” attached hereto with deletions shown in strikethrough and additions shown in underline.

The following sections have been proposed for amendment:
• 10-3.201 DEFINITIONS.
• 10-3.301 ESTABLISHMENT.
• 10-3.302 ZONING MAPS.
o Subsection(s): (B)
• 10-3.304 ZONE BOUNDARIES.
• 10-3.401 INTERPRETATION.
• 10-3.405 USES.
o Subsection(s): (I), (J), (L)
• 10-3.406 NONCONFORMING BUILDINGS AND USES.
o Subsection(s): (H)
• 10-3.412 FENCES, WALLS, AND HEDGES.
o Subsection(s): (C)
• 10-3.415 DWELLING ON FRONT OF LOTS
• 10-3.416 OUTDOOR RETAIL SALES.
o Subsection(s): (B)
• 10-3.4.0101 PURPOSES.
• 10-3.4.0105 REVIEW AND ACTION.
o Subsection(s): (A), (B), (C)
• 10-3.40106 APPROVAL DETERMINATIONS.
• 10-3.4.017 CONDITIONS OF APPROVAL.
• 10-3.4.0108 STREET DEDICATIONS AND IMPROVEMENTS.
o Subsection(s): (A), (B), (D), (E)
• 10-3.4.0110 RELATIONSHIP TO ENVIRONMENTAL ASSESSMENT PROCEDURES. • 10-3.4.0113 BUILDING PERMIT.
• 10-3.4.0114 LAPSE OF SITE PLAN APPROVAL.
• 10-3.4.0115. OCCUPANCY.
o Subsection(s): (A)
• 10-3.4.0116 APPEAL TO THE PLANNING COMMISSION.
• 10-3.4.0117 APPEAL TO THE CITY COUNCIL.
o Subsection(s): (B), (D), (E)
• 10-3.501 R ZONES; PURPOSE AND APPLICATION.
• 10-3.504 USES ALLOWED WITH ADMINISTRATIVE APPROVAL.
• 10-3.505 CONDITIONAL USES; COMMISSION APPROVAL.
• 10-3.506 FENCES, WALLS, AND HEDGES.
• 10-3.507 MINIMUM SITE AREA AND DIMENSIONS.
• 10-3.508 YARD REQUIREMENTS.
• 10-3.509 MINIMUM OPEN SPACE.
• 10-3.510 BUILDING HEIGHT.
• 10-3.512 MULTIPLE SINGLE-FAMILY DWELLING UNITS.
• 10-3.513 ACCESSORY DWELLING UNITS.
• 10-3-5.101 PURPOSE.
• 10-3-5.201 PURPOSE.
• 10-3-5.202 APPLICABILITY.
o Subsection(s): (A)
• 10-3-5.203 PROCEDURE.
o Subsection(s): (A), (C), (D), (E)
• 10-3-5.204 APPROVAL FINDINGS.
• 10-3-5.205 CONDITIONS OF APPROVAL.
• 10-3-5.206 APPEALS.
o Subsection(s): (A), (B), (F)
• 10-3.752 USES PERMITTED.
o Subsection(s): (A), (B), (C)
• 10-3.802 USES PERMITTED.
o Subsection(s): (A), (B), (C)
• 10-3.902 USES PERMITTED.
o Subsection(s): (A), (B), (C)
• 10-3-9.102 PERMITTED USES.
o Subsection(s): (A), (C)
• 10-3-9.102.1 USES ALLOWED WITH ADMINISTRATIVE APPROVAL. • 10-3-9.202 PERMITTED USES.
• 10-3-9.202.1 USES ALLOWED WITH ADMINISTRATIVE APPROVAL. • 10-3-9.203 CONDITIONAL USES.
• 10-3-9.302.1 USES ALLOWED WITH ADMINISTRATIVE APPROVAL. • 10-3.1002 USES PERMITTED.
o Subsection: (A), (B), (D)
• 10-3.11.503.1 USES REQUIRING AN ADMINISTRATIVE APPROVAL • 10-3.1202 PARKING SPACES REQUIRED.
• 10-3.1306 PUBLIC HEARINGS.
o Subsection(s): (A)
• 10-3.1307 ACTION BY COMMISSION.
o Subsection(s): (B)
• 10-3.1309 APPEALS.
• 10-3.1310 ACTION ON APPEALS BY COUNCIL.
o Subsection(s): (D)
• 10-3.1502 INITIATION OF PRODECURE.
o Subsection(s): (B)
• 10-3.1506 NOTICES.
o Subsection(s): (A), (B)
• 10-3.1508 FINDINGS OF THE COMMISSION.
• 10-3.1601 INTERPRETATION
o Subsection(s): (B)
• 10-3.1605 COMMENCEMENT OF PROCEEDINGS.

The following section would be added:
• 10-3.402 APPLICABILITY.
• 10-3.417 AMENDMENTS TO PREVIOUSLY APPROVED PERMITS
• 10-3.423 SINGLE ROOM OCCUPANCY
• 10-3.4.0111 AMENDMENT OF APPROVED PLANS.
• 10-3-4.201 PURPOSE
• 10-3-4.202 APPLICABILITY
• 10-3-4.203 APPLICATION REQUIREMENTS
• 10-3-4.204 REVIEW AND ACTION
• 10-3-4.205 APPROVAL FINDINGS
• 10-3-4.206 NOTICE OF DECISION
• 10-3-4.207 APPEALS
• 10-3-4.208 LAPSE OF APPROVAL & EXTENSIONS
• 10-3-4.209 AMENDMENTS
• 10-3.502 DENSITY.
• 10-3.503 PERMITTED USES.
• 10-3-5.102 APPLICABILITY
• 10-3-5.103 ELIGIBILITY FOR BONUS, INCENTIVES, OR CONCESSIONS. • 10-3-5.104 APPLICATION
• 10-3-5.105 DENSITY BONUS ALLOWENCES FOR QUALIFIED HOUSING DEVELOPMENTS • 10-3-5.106 DENISTY BONUS ALLOWANCES FOR TARGET POPULATION HOUSING • 10-3-5.107 DENISTY BONUS ALLOWANCES FOR QUALIFIED LAND DONATIONS • 10-3-5.108 INCENTIVES AND CONCESSIONS
• 10-3-5.109 WAIVERS OR REDUCTIONS OF DEVELOPMENT STANDARDS • 10-3-5.110 PARKING STANDARD MODIFACTIONS
• 10-3-5.111 AFFORDABLE HOUSING AGREEMENT
• 10-3-5.207 AMENDMENTS
• 10-3-5.208 CONSIDERATION FACTORS
• 10-3.603 (RESERVED).
• 10-3.604 (RESERVED).
• 10-3.1801 NECESSITY
• 10-3.1802 APPLICABILITY
• 10-3.1803 APPLICATION AND FEES
• 10-3.1804 APPROVAL AUTHORITY
• 10-3.1805 PUBLIC HEARING AND NOTICING
• 10-3.1806 CONDITIONS OF APPROVAL
• 10-3.1807 FINDINGS FOR APPROVAL
• 10-3.1808 APPEALS
• 10-3.1809 AMENDMENTS
• 10-3.1901 NECESSITY
• 10-3.1903 APPLICATION AND FEES
• 10-3.1904 APPROVING AUTHORITY
• 10-3.1905 PUBLIC HEARING AND NOTICE
• 10-3.1906 FINDINGS OF APPROVAL
• 10-3.1907 NOTICE OF DECISION
• 10-3.1908 APPEALS
• 10-3.1909 EXPIRATION AND TIME EXTENSION
• 10-3.1910 AMENDMENTS
• 10-3.1911 FREQUENCY OF AMENDMENTS
• 10-3.1912 ADDITIONAL NOTICE REQUIRED
The following sections would be deleted:
• 10-3.402 LESS RESTRICTIVE LESS PROHIBITED.
• 10-3.415.1 (Reserved).
• 10-3.417 ZONING ADMINISTRATOR
• 10-3.419 TELECOMMUNICATION TOWERS, ANTENNAS AND STRUCTURES (REPEALED) • 10-3.4.0111 REVISIONS OF APPROVED PLANS.
• 10-3-4.301 ENVIRONMENTAL REVIEW
• 10-3.502 R; PERMITTED USES
• 10-3.503 R; DENSITY
• 10-3.504.1 R; USES ALLOWED WITH ZONING ADMINISTATOR’S PERMIT. • 10-3-5.104 ALLOWED INCENTIVES OR CONCESSIONS.
• 10-3-5.1056 DENSITY BONUS ALLOWANCES FOR TARGET POPULATION HOUSING • 10-3-5.106 DENSITY BONUS ALLOWANCES FOR QUALIFIED LAND DONATIONS • 10-3-5.104 ALLOWED INCENTIVES OR CONCESSIONS.
• 10-3-5.106 PARKING REQUIREMENTS IN DENSITY BONUS PROJECTS. • 10-3-5.106 BONUS AND INCENTIVES FOR DEVELOPMENTS WITH CHILD CARE FACILITIES. • 10-3-5.107 CONTINUED AVAILABILITY.
• 10-3-5.108 LOCATION AND TYPE OF DESIGNATED UNITS.
• 10-3-5.109 DENSITY BONUS AGREEMENT.
• 10-3-5.110 CONTROL OF RESALE.
• 10-3-5.111 JUDICIAL RELIEF, WAIVER OF STANDARDS.
• 10-3.603 RCO PERMITTED USES; ADMINISTRATIVE APPROVAL (REPEALED) • 10-3.604 RCO CONDITIONAL USES; COMMISSION APPROVAL (REPEALED) • 10-3.1601 INTERPRETATION
o Subsection(s): (E)
SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.

SECTION 5. Publication. The City Clerk shall certify to the passage and adoption of this Ordinance by the City Council of the City of Madera and shall cause this Ordinance to be published or posted in accordance with Government Code Section 36933 as required by law.

SECTION 6. Effective Date of Ordinance. This Ordinance shall be effective and of full force and effect at 12:01 a.m. on the thirty-first day after its passage. ** * * *
EXHIBIT “A”
OTA 2024-02
1 CHAPTER 3: ZONING
Table of Contents
CHAPTER 3: ZONING ................................................................................................................................ 1 PURPOSE AND TITLE ............................................................................................................................ 9 § 10-3.101 PURPOSE. 9
§ 10-3.102 SHORT TITLE. 9
DEFINITIONS ........................................................................................................................................ 9 § 10-3.201 DEFINITIONS. 9
ZONES ................................................................................................................................................ 14 § 10-3.301 ESTABLISHMENT. 14
§ 10-3.302 ZONING MAPS. 14
§ 10-3.303 ANNEXATION POLICY. 15
§ 10-3.304 ZONE BOUNDARIES. 15
§ 10-3.305 CONFORMANCE TO ZONE REGULATIONS. 16
GENERAL PROVISIONS ....................................................................................................................... 16 § 10-3.401 INTERPRETATION. 16
§ 10-3.402 APPLICABILITY. 17
§ 10-3.403 ADDITIONAL PERMITTED USES. 17
§ 10-3.404 ADDITIONAL EXCLUDED USES. 17
§ 10-3.405 USES. 17
§ 10-3.406 NONCONFORMING BUILDINGS AND USES. 21
§ 10-3.407 LOCATION OF DWELLINGS. 22
§ 10-3.408 HEIGHT OF BUILDINGS. 22
§ 10-3.409 BUILDING SITE AREA. 22
§ 10-3.410 THROUGH LOTS. 22
§ 10-3.411 YARD ENCROACHMENTS. 22
§ 10-3.412 FENCES, WALLS, AND HEDGES. 23
§ 10-3.413 STORAGE OF COMMERCIAL VEHICLES. 24
§ 10-3.414 AUTOMOTIVE STORAGE OR PARKING SPACE. 24
§ 10-3.415 DWELLING ON FRONTS OF LOTS. 24
§ 10-3.416 OUTDOOR RETAIL SALES. 24
§ 10-3.417 AMENDMENTS TO PREVIOUSLY APPROVED PERMITS 29 § 10-3.418 RIGHT TO FARM. 32
10-3.419 34
§ (RESERVED). 34
§ 10-3.420 DESIGN AND DEVELOPMENT GUIDELINES. 34
§ 10-3.421 INTERIM AGRICULTURAL. 34
§ 10-3.422 EMERGENCY SHELTERS 35
§ 10-3.423 SINGLE ROOM OCCUPANCY 36
SITE PLAN REVIEW ............................................................................................................................. 37 § 10-3.4.0101 PURPOSES. 37
§ 10-3.4.0102 APPLICABILITY. 37
§ 10-3.4.0103 APPLICATION REQUIREMENTS. 37
§ 10-3.4.0104 DRAWINGS TO BE SUBMITTED. 38
§ 10-3.4.0105 REVIEW AND ACTION. 39
§ 10-3.4.0106 APPROVAL DETERMINATIONS. 39
§ 10-3.4.0107 CONDITIONS OF APPROVAL. 40
2 § 10-3.4.0108 STREET DEDICATIONS AND IMPROVEMENTS. 40 § 10-3.4.0109 REIMBURSEMENT PROVISIONS. 42
§ 10-3.4.0110 RELATIONSHIP TO ENVIRONMENTAL ASSESSMENT PROCEDURES. 42 § 10-3.4.0111 AMENDMENT OF APPROVED PLANS. 42
§ 10-3.4.0112 ACKNOWLEDGMENT AND ACCEPTANCE OF CONDITIONS. 43 § 10-3.4.0113 BUILDING PERMIT. 43
§ 10-3.4.0114 LAPSE OF SITE PLAN APPROVAL. 43
§ 10-3.4.0115. OCCUPANCY. 43
§ 10-3.4.0116 APPEAL TO THE PLANNING COMMISSION. 44
§ 10-3.4.0117 APPEAL TO THE CITY COUNCIL. 44
PLANNED DEVELOPMENT ZONES ....................................................................................................... 45 § 10-3-4.101 P-D ZONES. 45
§ 10-3-4.102 DENSITY. 45
§ 10-3-4.103 PLANNING COMMISSION APPROVAL. 46
§ 10-3-4.104 PRECISE PLAN APPLICATION. 46
§ 10-3-4.105 (RESERVED) 46
§ 10-3-4.106 OPEN SPACE. 46
§ 10-3-4.107 YARD ENCROACHMENTS. 46
ADMINISTRATIVE PLAN REVIEW ........................................................................................................ 47 § 10-3-4.201 PURPOSE 47
§ 10-3-4.202 APPLICABILITY 47
§ 10-3-4.203 APPLICATION REQUIREMENTS 47
§ 10-3-4.204 REVIEW AND ACTION 47
§ 10-3-4.205 APPROVAL FINDINGS 47
§ 10-3-4.206 NOTICE OF DECISION 47
§ 10-3-4.207 APPEALS 48
§ 10-3-4.208 LAPSE OF APPROVAL & EXTENSIONS 48
§ 10-3-4.209 AMENDMENTS 48
RESIDENTIAL ZONES........................................................................................................................... 48 § 10-3.501 R ZONES; PURPOSE AND APPLICATION. 48
§ 10-3.502 DENSITY. 48
§ 10-3.503 PERMITTED USES. 49
§ 10-3.504 USES ALLOWED WITH ADMINISTRATIVE APPROVAL. 49 § 10-3.505 CONDITIONAL USES; COMMISSION APPROVAL. 50
§ 10-3.506 FENCES, WALLS, AND HEDGES. 50
§ 10-3.507 MINIMUM SITE AREA AND DIMENSIONS. 51
§ 10-3.508 YARD REQUIREMENTS. 51
§ 10-3.509 MINIMUM OPEN SPACE. 52
§ 10-3.510 BUILDING HEIGHT. 53
§ 10-3.511 PARKING ON UNPAVED SURFACES PROHIBITED. 53
§ 10-3.512 MULTIPLE SINGLE-FAMILY DWELLING UNITS. 53
§ 10-3.513 ACCESSORY DWELLING UNITS. 54
AFFORDABLE HOUSING DENSITY BONUS............................................................................................ 65 § 10-3-5.101 PURPOSE. 65
§ 10-3-5.102 APPLICABILITY 65
§ 10-3-5.103 ELIGIBILITY FOR BONUS, INCENTIVES, OR CONCESSIONS. 65 § 10-3-5.104 APPLICATION 66
§ 10-3-5.105 DENSITY BONUS ALLOWENCES FOR QUALIFIED HOUSING DEVELOPMENTS 67 § 10-3-5.106 DENSITY BONUS ALLOWANCES FOR TARGET POPULATION HOUSING 77 3 § 10-3-5.107 DENSITY BONUS ALLOWANCES FOR QUALIFIED LAND DONATIONS 77 10-3-5.108 INCENTIVES AND CONCESSIONS 80
§ 10-3-5.109 WAIVERS OR REDUCTIONS OF DEVELOPMENT STANDARDS 82 § 10-3-5.110 PARKING STANDARD MODIFICATIONS 83
§ 10-3-5.111 AFFORDABLE HOUSING AGREEMENT 85
REASONABLE ACCOMMODATION ...................................................................................................... 86 § 10-3-5.201 PURPOSE. 87
§ 10-3-5.202 APPLICABILITY. 87
§ 10-3-5.203 PROCEDURE. 87
§ 10-3-5.204 APPROVAL FINDINGS. 88
§ 10-3-5.205 CONDITIONS OF APPROVAL. 89
§ 10-3-5.206 APPEALS. 89
§ 10-3-5.207 AMENDMENTS 89
§ 10-3-5.208 CONSIDERATION FACTORS 89
RCO; RESOURCE CONSERVATION AND OPEN SPACE ZONING ............................................................. 90 § 10-3.601 RCO; PURPOSES AND APPLICATION. 90
§ 10-3.602 RCO; PERMITTED USES. 90
§ 10-3.603 (RESERVED). 92
§ 10-3.604 (RESERVED). 92
§ 10-3.605 RCO; DISTANCES BETWEEN STRUCTURES. 92
§ 10-3.606 RCO; BUILDING HEIGHT. 92
PF; PUBLIC FACILITIES ZONE ............................................................................................................... 92 § 10-3-6.501 PF; PURPOSE AND APPLICATION. 92
§ 10-3-6.502 PF; PERMITTED USES. 92
§ 10-3-6.503 PF; CONDITIONAL USES; COMMISSION APPROVAL. 92 § 10-3-6.504 PF; REQUIRED CONDITIONS. 93
§ 10-3-6.505 PF; BUILDING HEIGHT. 93
PROFESSIONAL OFFICE ZONES............................................................................................................ 93 § 10-3.751 PROFESSIONAL OFFICE ZONES. 93
§ 10-3.752 USES PERMITTED. 93
§ 10-3.753 SITE AREA. 94
§ 10-3.754 HEIGHT OF STRUCTURES. 94
§ 10-3.755 LOT COVERAGE. 94
§ 10-3.756 YARD REQUIREMENTS. 94
LIGHT COMMERCIAL ZONES ............................................................................................................... 95 § 10-3.801 C-1 ZONES. 95
§ 10-3.802 USES PERMITTED. 95
§ 10-3.803 SITE AREA. 97
§ 10-3.804 HEIGHT OF STRUCTURES. 97
§ 10-3.805 YARD REQUIREMENTS. 97
HEAVY COMMERCIAL ZONES.............................................................................................................. 97 § 10-3.901 C-2 ZONES. 97
§ 10-3.902 USES PERMITTED. 97
§ 10-3.903 SITE AREA. 98
§ 10-3.904 HEIGHT OF STRUCTURES. 98
§ 10-3.905 YARD REQUIREMENTS. 99
§ 10-3.906 TRAILER CAMP SITE REQUIREMENTS. 99
4 RESTRICTED COMMERCIAL ZONE ....................................................................................................... 99 § 10-3-9.101 C-R ZONE; PURPOSE AND APPLICATION. 99
§ 10-3-9.102 PERMITTED USES. 99
§ 10-3-9.102.1 USES ALLOWED WITH ADMINISTRATIVE APPROVAL. 100 § 10-3-9.103 CONDITIONAL USES. 100
§ 10-3-9.104 SITE AREA. 100
§ 10-3-9.105 BUILDING HEIGHT. 100
§ 10-3-9.106 YARD REQUIREMENTS. 100
§ 10-3-9.107 OUTSIDE EQUIPMENT. 101
§ 10-3-9.108 ENCLOSURE OF TRASH AND STORAGE AREAS. 101
§ 10-3-9.109 TIME FOR PICK-UP AND DELIVERY. 101
§ 10-3-9.110 LANDSCAPING. 101
NEIGHBORHOOD COMMERCIAL ZONES............................................................................................ 101 § 10-3-9.201 C-N ZONES; PURPOSE AND APPLICATION. 101
§ 10-3-9.202 PERMITTED USES. 102
§ 10-3-9.202.1 USES ALLOWED WITH ADMINISTRATIVE APPROVAL. 103 § 10-3-9.203 CONDITIONAL USES. 103
§ 10-3-9.204 LIMITATIONS ON USE. 103
§ 10-3-9.205 SITE AREA. 103
§ 10-3-9.206 BUILDING HEIGHT. 104
§ 10-3-9.207 YARD REQUIREMENTS. 104
§ 10-3-9.208 OUTSIDE EQUIPMENT. 104
§ 10-3-9.209 LANDSCAPING AND FENCING. 104
HIGHWAY COMMERCIAL ZONES ...................................................................................................... 104 § 10-3-9.301 C-H ZONES; PURPOSE AND APPLICATION. 105
§ 10-3-9.302 PERMITTED USES. 105
§ 10-3-9.302.1 USES ALLOWED WITH ADMINISTRATIVE APPROVAL. 105 § 10-3-9.303 CONDITIONAL USES. 105
§ 10-3-9.304 ACCESSORY USES. 106
§ 10-3-9.305 LIMITATIONS ON USE. 106
§ 10-3-9.306 SITE AREA. 106
§ 10-3-9.307 BUILDING HEIGHT. 106
§ 10-3-9.308 YARD REQUIREMENTS. 106
§ 10-3-9.309 OUTSIDE EQUIPMENT. 107
§ 10-3-9.310 LANDSCAPING AND FENCING. 107
WEST YOSEMITE AVENUE OVERLAY ZONE (WY) ............................................................................... 107 § 10-3-9.401 PURPOSE. 107
§ 10-3-9.402 APPLICABILITY. 107
§ 10-3-9.403 USE PERMITS REQUIRED. 108
§ 10-3-9.404 DEVELOPMENT STANDARDS. 108
INDUSTRIAL ZONES .......................................................................................................................... 110 § 10-3.1001 I ZONES. 110
§ 10-3.1002 USES PERMITTED. 110
§ 10-3.1003 HEIGHT OF STRUCTURES. 111
§ 10-3.1004 YARD REQUIREMENTS. 111
URBAN RESERVE ZONES (UR) ........................................................................................................... 111 § 10-3.10.501 UR ZONES. 111
5 § 10-3.10.502 USES PERMITTED. 111
§ 10-3.10.503 SPECIAL CONDITIONS. 112
§ 10-3.10.504 SITE AREA. 112
§ 10-3.10.505 YARD REQUIREMENTS. 113
§ 10-3.10.506 HEIGHT OF STRUCTURES. 113
§ 10-3.10.507 DISTANCE BETWEEN BUILDINGS. 113
UNCLASSIFIED ZONES (U)................................................................................................................. 113 § 10-3.1101 U ZONES. 113
§ 10-3.1102 USES PERMITTED. 113
§ 10-3.1103 SITE AREA; HEIGHT OF STRUCTURES; YARD REQUIREMENTS. 113 INDUSTRIAL PARK ZONES (IP)........................................................................................................... 113 § 10-3.11.501 IP ZONES. 114
§ 10-3.11.502 PURPOSE. 114
§ 10-3.11.503 PERMITTED USES. 114
§ 10-3.11.503.1 USES REQUIRING AN ADMINISTRATIVE APPROVAL. 114 § 10-3.11.504 ACCESSORY USES. 114
§ 10-3.11.505 USES REQUIRING USE PERMITS. 115
§ 10-3.11.506 PERFORMANCE STANDARDS. 115
§ 10-3.11.507 HEIGHT REGULATIONS. 117
§ 10-3.11.508 LOT AREA. 117
§ 10-3.11.509 LOT WIDTH. 117
§ 10-3.11.510 LOT DEPTH. 117
§ 10-3.11.511 LOT COVERAGE. 117
§ 10-3.11.512 YARD REQUIREMENTS. 117
§ 10-3.11.513 USES IN BUILDINGS. 117
§ 10-3.11.514 DISPOSAL FACILITIES. 117
§ 10-3.11.515 OFF-STREET PARKING. 118
§ 10-3.11.516 STORAGE. 118
§ 10-3.11.517 FENCES. 118
§ 10-3.11.518 OFF-STREET LOADING. 118
§ 10-3.11.519 LANDSCAPING. 118
§ 10-3.11.520 TYPE OF FUEL. 118
§ 10-3.11.521 BUILDINGS. 118
§ 10-3.11.522 SIGNS. 119
SPECIFIC PLAN ZONES (SP) ............................................................................................................... 119 § 10-3.11.601 PURPOSE AND APPLICATION. 119
§ 10-3.11.602 APPLICABILITY. 119
§ 10-3.11.603 SPECIFIC PLAN REQUIRED ELEMENTS. 119
§ 10-3.11.604 ALLOWED LAND USES. 121
OFF-STREET PARKING REGULATIONS................................................................................................ 121 § 10-3.1201 GENERAL REQUIREMENTS. 121
§ 10-3.1202 PARKING SPACES REQUIRED. 122
§ 10-3.1203 PARKING REQUIREMENTS FOR USES NOT SPECIFIED. 127 § 10-3.1204 IN LIEU PAYMENTS. 127
§ 10-3.1205 EXEMPTIONS FROM PARKING SPACE REQUIREMENTS. 129 § 10-3.1206 REQUIRED IMPROVEMENT AND MAINTENANCE OF PARKING AREA. 130 § 10-3.1207 GENERAL REGULATIONS AND CONDITIONS. 130
§ 10-3.1208 PARKING IN THE R ZONES. 132
USE PERMITS ................................................................................................................................... 132 6 § 10-3.1301 USE PERMIT PREREQUISITE TO BUILDING PERMIT. 132 § 10-3.1302 APPLICATION. 133
§ 10-3.1303 FILING FEE. 133
§ 10-3.1304 INFORMATION REQUIRED WITH APPLICATION. 133
§ 10-3.1305 INVESTIGATION OF APPLICATION. 133
§ 10-3.1306 PUBLIC HEARINGS. 133
§ 10-3.1307 ACTION BY COMMISSION. 134
§ 10-3.1308 EFFECTIVE DATE. 134
§ 10-3.1309 APPEALS. 134
§ 10-3.1310 ACTION ON APPEALS BY COUNCIL. 135
§ 10-3.1311 TERMINATION AND REVOCATION. 135
§ 10-3.1312 USE PERMIT - LARGE FAMILY DAY CARE HOMES. 137 VARIANCES ...................................................................................................................................... 139 § 10-3.1401 NECESSITY. 139
§ 10-3.1402 NECESSARY CONDITIONS. 139
§ 10-3.1403 APPLICATIONS. 139
§ 10-3.1404 FILING FEE. 139
§ 10-3.1405 INFORMATION REQUIRED WITH APPLICATION. 139
§ 10-3.1406 INVESTIGATION OF APPLICATIONS. 140
§ 10-3.1407 NOTICE OF PUBLIC HEARING. 140
§ 10-3.1408 PUBLIC HEARING. 140
§ 10-3.1409 ACTION BY THE COMMISSION. 140
§ 10-3.1410 APPEALS TO THE COUNCIL. 141
§ 10-3.1411 TERMINATION. 141
ZONING TEXT AND MAP AMENDMENTS .......................................................................................... 141 § 10-3.1501 NECESSITY. 141
§ 10-3.1502 INITIATION OF PROCEDURE. 141
§ 10-3.1503 APPLICATION FOR CHANGE. 141
§ 10-3.1504 FILING FEE. 141
§ 10-3.1505 INVESTIGATION. 141
§ 10-3.1506 NOTICES. 142
§ 10-3.1507 PUBLIC HEARING. 142
§ 10-3.1508 FINDINGS OF THE COMMISSION. 142
§ 10-3.1509 ACTION BY COUNCIL. 143
§ 10-3.1510 USE PERMITS REQUIRED. 143
§ 10-3.1511 SPECIAL ZONING EXCEPTIONS. 143
§ 10-3.1512 EXCEPTIONS PROCEDURE. 144
§ 10-3.1513 CONDITIONS. 144
§ 10-3.1514 BUILDING PERMITS. 144
§ 10-3.1515 REZONING UPON COMPLETION OF WORK. 144
INTERPRETATION, ENFORCEMENT, VIOLATIONS, AND PENALTIES .................................................... 145 § 10-3.1601 INTERPRETATION 145
§ 10-3.1602 ENFORCEMENT. 145
§ 10-3.1603 VIOLATIONS OF CHAPTER; DECLARATION OF NUISANCE. 145 § 10-3.1604 ABATEMENT. 148
§ 10-3.1605 COMMENCEMENT OF PROCEEDINGS. 148
§ 10-3.1606 HEARING; NOTICE. 148
§ 10-3.1607 HEARING CONDUCT. 148
§ 10-3.1608 ORDER OF ABATEMENT. 149
7 § 10-3.1609 APPEAL. 149
§ 10-3.1610 COUNCIL ACTION. 149
§ 10-3.1611 NOTICE OF COUNCIL DECISION. 149
§ 10-3.1612 COST OF ABATEMENT. 150
§ 10-3.1613 REPORT; HEARING AND PROCEEDINGS. 150
§ 10-3.1614 ASSESSMENT OF COSTS AGAINST PROPERTY. 150
§ 10-3.1615 ALTERNATIVES. 150
§ 10-3.1616 EMERGENCY ABATEMENT. 150
§ 10-3.1617 VIOLATION; PENALTY. 151
DEVELOPMENT AGREEMENTS.......................................................................................................... 151 § 10-3.1701 AUTHORITY FOR ADOPTION. 151
§ 10-3.1702 FORMS AND INFORMATION. 151
§ 10-3.1703 QUALIFICATION AS AN APPLICANT. 152
§ 10-3.1704 PROPOSED FORM OF AGREEMENT. 152
§ 10-3.1705 FEES. 153
§ 10-3.1706 REVIEW OF APPLICATION. 153
§ 10-3.1707 COORDINATION OF APPLICATIONS. 153
§ 10-3.1708 HEARING NOTICE. 153
§ 10-3.1709 RULES GOVERNING CONDUCT OF HEARING. 154
§ 10-3.1710 IRREGULARITY IN PROCEEDINGS. 154
§ 10-3.1711 DETERMINATION BY PLANNING COMMISSION. 154
§ 10-3.1712 DECISION BY CITY COUNCIL. 155
§ 10-3.1713 RECORDATION OF DEVELOPMENT AGREEMENT. 155
§ 10-3.1714 AMENDMENT AND CANCELLATION OF AGREEMENT. 155 § 10-3.1715 PERIODIC REVIEW. 155
§ 10-3.1716 STATEMENT OF COMPLIANCE APPEALS. 156
§ 10-3.1717 PROCEDURES FOR MODIFICATION OR TERMINATION. 156 § 10-3.1718 CERTAINTY OF DEVELOPMENT AGREEMENTS. 157
MINOR DEVIATIONS......................................................................................................................... 157 § 10-3.1801 NECESSITY 157
§ 10-3.1802 APPLICABILITY 157
§ 10-3.1803 APPLICATION AND FEES 158
§ 10-3.1804 APPROVAL AUTHORITY 158
§ 10-3.1805 PUBLIC HEARING AND NOTICING 158
§ 10-3.1806 CONDITIONS OF APPROVAL 158
§ 10-3.1807 FINDINGS FOR APPROVAL 158
§ 10-3.1808 APPEALS 158
§ 10-3.1809 AMENDMENTS 159
GENERAL PLAN AMENDMENTS ........................................................................................................ 159 § 10-3.1901 NECESSITY 159
§ 10-3.1902 APPLICABILITY 159
§ 10-3.1903 APPLICATION AND FEES 159
§ 10-3.1904 APPROVING AUTHORITY 159
§ 10-3.1905 PUBLIC HEARING AND NOTICE 159
§ 10-3.1906 FINDINGS OF APPROVAL 160
§ 10-3.1907 NOTICE OF DECISION 160
§ 10-3.1908 APPEALS 160
§ 10-3.1909 EXPIRATION AND TIME EXTENSION 160
§ 10-3.1910 AMENDMENTS 160
8 § 10-3.1911 FREQUENCY OF AMENDMENTS 160
§ 10-3.1912 ADDITIONAL NOTICE REQUIRED 161
9 PURPOSE AND TITLE
§ 10-3.101 PURPOSE.

An official land use plan for the city is adopted and established to promote the growth of the city in an orderly manner and to promote and protect the public health, safety, peace, comfort, and general welfare, and to provide the economic and social advantages resulting from an orderly planned use of land resources.
§ 10-3.102 SHORT TITLE.

This chapter shall be known as the "Zoning Regulations."

DEFINITIONS
§ 10-3.201 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ACCESSORY BUILDING. Part of the main building or a detached subordinate building located on the same lot or building site, the use of which is customarily incidental to that of the main building or to the main use of the land. Where a substantial part of the wall of an accessory building is a part of the main building, or where an accessory building is attached to the main building in a substantial manner by a roof, such accessory building shall be counted as part of the main building.

ACCESSORY DWELLING UNIT. An attached or a detached dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the primary dwelling unit is situated. An accessory dwelling unit also includes an efficiency unit, as defined in California Health and Safety Code Section 17958.1, and a manufactured home, as defined in California Health and Safety Code Section 18007.

ACCESSORY USE. A use naturally and normally incidental to, subordinate to, and devoted exclusively to the principal use of the premises.

ALLEY. A public thoroughfare or way not less than ten feet nor more than 20 feet in width, serving as a secondary means of access to abutting property, and which has been deeded or dedicated to the city.

APARTMENT. A room or suite of two or more rooms in a multiple dwelling occupied or suitable for occupancy as a residence for one family.

APARTMENT HOUSE. See definition in this subchapter, DWELLING, MULTIPLE.

AUTOMOBILE COURT. A group of two or more attached, detached, or semi-detached buildings containing individual sleeping or living units designed for or used primarily for the accommodation of transient automobile travelers, with garage attached or parking space conveniently located to each unit, including tourist courts, motels, or motor lodges.

BOARDING HOUSE. A dwelling other than a hotel where lodging and/or meals for three or more persons are provided for compensation. COMPENSATION shall include compensation in money, services, or other things of value.

BILLBOARD. Any sign containing advertising, not appurtenant to any permitted use, over six square feet in area.
10 BUILDING. Any structure having a roof supported by columns or by walls and designed for the housing or enclosure of any person, animal, or chattel.

BUILDING, HEIGHT OF. The vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building to the topmost point of the roof.

BUILDING, MAIN. A building in which is conducted the principal use of the lot on which it is situated. In any R zone, any dwelling shall be deemed to be a main building on the lot on which the same is situated.

BUILDING SITE. See definition in this subchapter, LOT.

CAMP, TRAILER. Any area or tract of land used or designed to accommodate ten or more automobile trailers or ten or more camping parties, including cabins, tents, or other camping outfits.

COMMISSION. The Planning Commission of the city.

DUPLEX. A building containing not more than two kitchens, designed and/or used to house not more than two families, living independently of each other, including all necessary employees of each family.

DWELLING. A building or portion thereof designed exclusively for residential occupancy, including one-family, two-family, and multiple dwellings, but not including hotels, clubs, or boarding houses or any institution such as an asylum, hospital, or jail where human beings are housed by reason of illness or under legal restraint.

DWELLING GROUPS. One or more buildings containing dwelling units occupying a parcel of land, in one ownership, and arranged around a yard or court, including one-family, two-family, and multiple dwellings, but not including automobile courts.

DWELLING, MULTIPLE. A building, or portion thereof, used, designed, or intended as a residence for three or more families living independently of each other, and doing their own cooking in the building, including apartment houses, apartment hotels and flats, but not including automobile courts.

DWELLING, ONE-FAMILY. A building designed and/or used exclusively for occupancy by one family, living independently of any other family.

DWELLING, TWO-FAMILY. A building designed and/or used exclusively for occupancy by two families, living independently of each other (see definition in this subchapter, DUPLEX).

DWELLING UNIT. Two or more rooms in a dwelling or an apartment hotel designed for occupancy by one family for living and sleeping purposes and having only one kitchen.

EMERGENCY SHELTER. Housing, as defined in California Health and Safety Code Section 50801, with minimal supportive services for families or individuals experiencing homelessness, where occupancy is limited to sixth months or less. Medical assistance, counseling, and meals may be providedHousing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.

EMPLOYEE HOUSING. Living quarters including dwellings, railroad maintenance cars, trailer coaches, or other housing accommodations maintained in connection with any work or place where work is being performed and the site on which they are located, excepting farm employee housing as defined in this section.

ERECTED. Shall include built, built upon, added to, altered, constructed, reconstructed, moved upon, or any physical operation upon the land required for a building.

FAMILY. One or more persons living as a single housekeeping unit in a dwelling unit., including necessary domestic servants. FAMILY shall not include such groups as customarily occupy a hotel, club, fraternity, or sorority house.

FARMWORKER HOUSING. Living accommodations for employees and their immediate families employed for the exclusive purpose of agricultural pursuits either on the premises or off-site. It includes single- or multi-unit dwellings, including mobile homes.

GARAGE, PUBLIC. A building used for the care, repair, or equipment of automobiles, or where such vehicles are parked or stored for remuneration, hire, or sale.

GARAGE, PRIVATE. A detached accessory building or portion of a main building for the parking or temporary storage of automobiles of the occupants of the premises. 11 GARAGE SPACE. Permanently maintained space of not less than 8½ × 19 feet for the parking of automobiles off the street. Such space shall be located and arranged for an accessory building and with adequate ingress and egress.

GROUP RESIDENTIAL FACILITY. Shared living quarters without separate kitchen or bathroom facilities for each room or unit, offered for rent for permanent or semi-transient residents on a weekly or longer basis. Facilities are typically licensed by the State of California. This classification includes clean and sober living facilities, other types of organizational housing, private residential clubs, and farmworker housing, but excludes bed and breakfasts, dormitories, fraternity and sorority houses, boarding homes, rest homes, hotels, motels, and residential care facilities.

Small. A facility that houses six or fewer persons.

Large. A facility that houses seven or more persons
HOME OCCUPATION. The conduct of an art or profession, the offering of a service, or the conduct of a business, or the handcraft manufacture of products within a house or garage in a residential district, which use is clearly incidental and secondary to the use of a structure for dwelling purposes and which use does not change the character thereof.

HOTEL. Any building, or portion thereof, containing six or more guest rooms used, designed, or intended to be used, let, or hired out to be occupied or which are occupied as the more or less temporary abiding place of six or more individuals who are lodged with or without meals for compensation, whether the compensation for hire is paid directly or indirectly, and in which no provision is made for cooking in any individual room or suite.

HOUSING FIRST. Unconditional housing provided as quickly as possible to homeless people, with supportive services offered.

JUNK YARD. The use of more than 200 square feet of the area of any lot or the use of any portion of that half of any lot, which half adjoins any street for the storage of junk, including scrap metals or other scrap materials, or for the dismantling or wrecking of automobiles, other vehicles, or machinery, whether for sale or storage.

LOADING SPACE. A permanently maintained space of not less than 8 × 18 feet located off the street with access for the parking of vehicles. Whenever the provisions of this chapter shall require loading space, such space shall be in addition to any required parking space and/or garage space.

LOT. Any area or parcel of land held under separate ownership and occupied, or to be occupied, by a main building or by a dwelling group, together with such yards, open spaces, lot width, and lot area as are required by this chapter and having its principal frontage on a public street, road, or highway.

LOT, CORNER. A lot situated at the intersection of two or more intersecting streets.

LOT DEPTH. The horizontal distance between the front and rear lot lines, measured in the mean direction of the side lot lines.

LOT LINE, FRONT. The property line dividing a lot from a street. On a corner lot the shorter street frontage shall be considered the front lot line.

LOT, INTERIOR. A lot other than a corner lot.

LOT, KEY. The first lot to the rear of a reversed corner lot, whether or not separated by an alley.

LOT LINE. The lines bounding a lot.

LOT LINE, REAR. The line opposite the front lot line.

LOT, REVERSED CORNER. A corner lot which rears upon the side of another lot, whether separated by an alley or not.

LOT LINE, SIDE. Lot lines other than front lot lines or rear lot lines.

LOT, THROUGH. A lot having frontage on two parallel or approximately parallel streets.

LOT WIDTH. The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.

LOW BARRIER NAVIGATION CENTER. A Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.
12 MANUFACTURED HOME. A factory-built structure that is manufactured or constructed under authority of 42 U.S.C. Sec. 5403, National Manufactured Housing Construction and Safety Standards Act of 1974, and/or California law and is to be used as a place for human habitation. The structure is manufactured either in whole or in substantial part at an off-site location, transported to the site, assembled on-site, and placed on a permanent foundation. For the purpose of this Development Code, a manufactured home shall be considered the same as any site-built, single-family detached dwelling.

Manufactured home is not inclusive of a mobile home unless the mobile home has been converted to real property and is taxed as a site-built dwelling.

MOBILEHOME. A structure, transportable in one or more sections, designed to be used with or without a permanent foundation, which contains not more than one dwelling unit, and which is not a recreational vehicle, commercial coach or factory-built house.

MOBILE HOME PARK. Any area or tract of land where two or more lots are rented or leased, held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for human habitation.

NONCONFORMING BUILDING. A building or structure or portion thereof lawfully existing on September 15, 1954, which was designed, erected, or structurally altered for a use that does not conform to the use regulations of the zone in which it is located, or a building or structure that does not conform to all the height or area regulations of the zone in which it is located.

NONCONFORMING USE. A use which lawfully occupied a building or land on September 15, 1954, and which does not conform with the use regulations of the zone in which it is located.

OPEN SPACE. As required in the R and PD zones shall mean area available and accessible to residents for active and passive recreation including landscaped areas, walkways, patios, yards, and recreation facilities. To qualify as open space, an area must have a minimum dimension of 10 feet except that balconies may qualify as open space when the minimum dimension is five feet. Parking areas (spaces and driveways) may not be included in open space calculations.

PARKING SPACE. Permanently maintained space at least 8½ × 19 feet located off the street with access for the parking of automobiles.

PROFESSIONAL OFFICES. An office for the conduct of any one of the following uses: accountant, architect, attorney, chiropractor, civil engineer or surveyor's drafting office, collection agency, cosmetologist, dentist, doctor, funeral parlor, insurance, private detective, real estate, social worker or similar use; but shall not include the following uses: advertiser, barber shop, contractor, pest control, pharmacy, or veterinary.

ROOMING HOUSE. See definition subsection in this subchapter, BOARDING HOUSE.

RESIDENTIAL CARE FACILITY. Facilities that are licensed by the State of California to provide permanent living accommodations and 24-hour primarily nonmedical care and supervision for persons in need of personal services, supervision, protection, or assistance for sustaining the activities of daily living.

Living accommodations are shared living quarters with or without separate kitchen or bathroom facilities for each room or unit. This classification includes facilities that are operated for profit as well as those operated by public or not-for-profit institutions, including hospices, nursing homes, convalescent facilities, assisted living facilities, and group homes for minors, persons with disabilities and people in recovery from alcohol or drug addictions. This use classification excludes transitional housing and social service facilities. Residential Care Facilities are further divided into three class types as follows:

Small. A facility providing care for six or fewer persons.

Large. A facility providing care for more than six persons.

Elderly. A housing arrangement chosen voluntarily by the resident or by the resident’s guardian, conservator, or other responsible person; where residents are 60 years of age or older; and where varying levels of care and supervision are provided as agreed to at the time of admission or as determined necessary at subsequent times of reappraisal. This classification includes continuing care retirement communities and life care communities licensed for residential care by the State of California." 13 SINGLE ROOM OCCUPANCY. A residential facility containing housing units that may have individual or shared kitchen and/or bathroom facilities and are guest rooms or efficiency units as defined by the California Health and Safety Code. Each housing unit is offered on a monthly rental basis or longer.

STREET. A public thoroughfare or road easement not less than 20 feet in width, which affords principal means of access to abutting property, but not including an alley.

STREET LINE. The boundary between a street and property.

STRUCTURE. Anything constructed or erected, the use of which requires more or less permanent location on or in the ground or attachment to something having a permanent location on or in the ground, including site built swimming pools. This definition does not include walls and fences less than three feet in height when located in front yards, or less than six feet in height when located in side or rear yards, nor other improvements of a minor character.

STRUCTURAL ALTERATIONS. Any change in the supporting members of a building, such as bearing walls, columns, beams, girders, floor joists, or roof joists, for which a building permit is required.

SUPPORTIVE HOUSING. Housing with no limit on length of stay that is occupied by the target population and that is linked to onsite or offsite services that assist residents in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. Housing with no limit on length of stay, that is occupied by the target population and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing units are residential uses subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone.

TARGET POPULATION. Persons with low incomes who have one or more disabilities, including mental illness, HIV and AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Development Disabilities Services Act (Division 4.5 (commencing with § Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.

TRANSIT CORRIDOR. An area within one-quarter mile of a route on which the level of service is at or above the average for the transit system as a whole, according to the transit operator serving the area, and on which regularly scheduled public mass transit service stops are located, or within one-quarter mile of an existing or planned public mass transit guideway or busway station, or within one-quarter mile of a multimodal transportation terminal serving public mass transit operations. “Level of service,” unless otherwise defined by the transit operator, means the frequency of headways and the number of vehicles per day.

TRANSIT STOP. A site containing an existing rail or fixed route bus station, a rail terminal, or an intersection of two or more fixed route bus routes.

TRANSITIONAL HOUSING. Buildings configured as rental housing, but operating under program requirements that require the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months from the beginning of the assistance. Transitional housing units are residential uses subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone.

USE. The purpose for which land or premises or a building thereon is designed, arranged, or intended, or for which it is or may be occupied or maintained.

YARD. An open space, other than a court, on the same lot with a building, which open space is unoccupied and unobstructed from the ground upward, except as otherwise permitted in this chapter.

YARD, FRONT. A yard extending across the front of the lot between the inner side yard lines and measured between the front lot line and the nearest line of the main building. 14 YARD, REAR. A yard extending across the full width of the lot and measured between the rear line of the lot and the nearest line or point of the main building nearest the rear line of the lot.

YARD, SIDE. A yard on each side of a building between the building and the side line of the lot and extending from the front line to the rear yard.

ZONE. A portion of the city within which certain uses of land and buildings are permitted or prohibited and within which certain yards and other open spaces are required and certain height limited are established for buildings, all as set forth and specified in this chapter. ZONE Zone shall mean and include a “zone district,” “zoning district,” “land use district,” or “district,” any of which may be used interchangeably in this chapter as warranted by the context. the word DISTRICT.

ZONES
§ 10-3.301 ESTABLISHMENT.
(A) In order to classify, regulate, restrict, and segregate the uses of land and buildings, to regulate and restrict the height and bulk of buildings, and to regulate the area of yards and other open spaces about buildings, and to promote the public health, safety, peace, comfort and general welfare, 163 classes of land use zones are established to be known as follows:
(1) PD. Planned Development Zones
(2) R. Residential Zones
(3) RCO. Resource Conservation and Open Space Zone
(4) PF. Public Facilities Zone
(5) PO. Public Office Zone
(6) C-1. Light Commercial Zone
(7) C-2 Heavy Commercial Zone
(8) C-R. Restricted Commercial Zone
(9) WY. West Yosemite Avenue Overlay Zone
(10) I. Industrial Zone
(11) UR. Urban Reserve Zone
(12) U. Unclassified Zone
(13) IP. Industrial Park Zone
(14) N-C. Neighborhood Commercial Zones
(15) H-C. Highway Commercial Zones
(16) SP. Specific Plan Zone
(B) An “S” subdesignation may be added to a zone classification applied to a parcel or parcels of land when deemed appropriate by the City Council, upon recommendation of the Planning Commission, for the purpose of setting forth special provisions for the use of such land on an interim or transitional basis.

Such use may be one that would otherwise not be permitted by the regular zoning classification. The “S” subdesignation shall be established by ordinance, after due public hearing processes, and the ordinance shall set forth the circumstances of the subdesignation, including but not limited to the purpose and time period for the special provisions. Upon the termination of the specified time period the special provisions shall automatically become null and void and the subdesignation shall be duly deleted from the zoning map of the city without further hearing.
§ 10-3.302 ZONING MAPS.
(A) Adoption. The boundaries of the various land use districts within the City of Madera are shown upon the map designated as the "City of Madera Zoning Map", sometimes referred to in this chapter as 15 "zoning map," signed and on file in the office of the City Clerk, which map is hereby adopted and made a part of this chapter, and said map and all of the notations, references, and other information shown thereon shall be as much a part of this chapter as if the matters and information set forth by said map were all duly described in this chapter.
(B) Amendments. If amendments are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be made on the official zoning map promptly after the amendment has been approved by the City Council. The revised zoning map, reflecting all amendments and changes, shall then be refiled with the City Clerk within ten 10 days after City Council approval. No amendment to this title which involves matter portrayed on the official zoning map shall become effective until after such change and entry has been made on the zoning map. (C) Format. The official zoning map shall be the printed and signed copy on file in the office of the City Clerk, including any adopted amendments. Electronic files used to create the map are not the official map. The official zoning map shall be printed for viewing and interpretation at a scale of at least one to twenty thousand (1:20,000).
§ 10-3.303 ANNEXATION POLICY.
(A) All territory to be annexed to the city shall, prior to being considered by the Madera Local Agency Formation Commission, be prezoned by amendment of the official zoning map and shall be automatically in effect upon the certificate of completion for annexation of the area into the city being recorded by the County Clerk.
(B) Prezoned land shall carry a "PZ" prefix before the zone classification(s) and shall be so designated on the official zoning map. The zone(s) established by prezoning shall become effective and the "PZ" prefix shall be automatically removed when the property is annexed. Failure to complete the annexation process for any reason shall render any prezoning zone classification(s) on the official zoning map to be null and void, and the zoning designation(s) shall be removed for the official zoning map. The subject property will be considered to be not prezoned, not within the city limits of the City of Madera, and instead subject to the zoning ordinance of the County of Madera. § 10-3.304 ZONE BOUNDARIES.

The designations, locations, and boundaries of the land use zones established by Section§ 10-3.301 of this subchapter are as set forth and indicated on City of Madera Zoning Map which is on file in the office of the City Clerk. The zoning map designations are intended to generally follow parcel lines.

Interpretation may be needed to determine the exact boundaries of a land use classification where parcel lines are unclear, have been moved, have been deleted, or do not correspond with a zone district boundary.

Where uncertainty exists as to the boundaries of any zone shown on the zoning map, the following rules shall apply:
(A) Street, alley, or lot lines. Where zone boundaries are indicated as approximately following street lines, alley lines, or lot lines, such lines shall be construed to be such boundaries. (B) Unsubdivided land. In unsubdivided property or where the zone boundary line divides a lot, the location of such boundary, unless the same is indicated by specific dimensions, shall be determined by use of the scale appearing on the zoning map.
(C) Vacated street or alley. Where any public street or alley or other public right-of-way is officially vacated or abandoned, the land formerly in such street, alley, or right-of-way shall be included within the zone of adjoining property on either side thereof. In the event such street, alley, or right-of-way was a zone boundary line between two or more different zones, the new zone boundary line shall be the former center line of such vacated or abandoned street, alley, or right-of-way. 16 (D) Determination. When a determination is requested due to an uncertainty as to the location of a zone district boundary, the Planning Director shall utilize the official zoning map to make a determination. Where a determination of the Planning Director is contested, the contestant may make application for a determination by the Planning Commission. § 10-3.305 CONFORMANCE TO ZONE REGULATIONS.
(A) Except as provided in this chapter:
(1) Use. No building shall be erected, reconstructed, or structurally altered in any manner, nor shall any land, building, or premises be used, designed, or intended to be used for any purpose or in any manner other than a use listed in this chapter as permitted in the specific zone in which such land, building, or premises are located, and then only after applying for, and securing, all permits and licenses required by law.
(2) Height. No building shall be erected, reconstructed, or structurally altered in any manner to exceed in height the limit established by this chapter for the zone in which such building is located. (3) Area. No building shall be erected, reconstructed, or structurally altered in any manner, nor shall any open spaces surrounding any building be encroached upon or reduced in any manner except in conformity with the building site requirements and the area and yard regulations established by this chapter for the zone in which such building is located. (B) No required yard or other open space provided around any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building or structure; nor shall any required yard or other open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected.

GENERAL PROVISIONS
§ 10-3.401 INTERPRETATION.
(A) When interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience, and general welfare. Except as specifically herein provided, it is not intended by the adoption of this chapter to repeal, abrogate, annul, or in any way to impair or interfere with any existing provision of any law or ordinance, or any rules, regulations, or permits previously adopted or issued, or which shall be adopted or issued pursuant to law relating to the erection, construction, establishment, moving, alteration, or enlargement of any building or improvement; nor is it intended by this chapter to interfere with, abrogate, or annul any easement, covenant, or other agreement between parties; provided, however, that in cases in which this chapter imposes more stringent requirements, regulations, restrictions, or limitations on the erection, construction, establishment, moving, alteration, or enlargement of buildings or the use of any such buildings or premises in the several zones or any of them than is imposed by or required by existing provisions of law or ordinance or by such rules, regulations, or permits or by such easements, covenants, or agreements, the provisions of this chapter shall control. (B) Authority to Interpret. Where uncertainty exists regarding the interpretation of any provision of this chapter or its application to a specific site, the Planning Director shall have the authority and responsibility to interpret such terms, provisions, and requirements. 17 (C) Record of Interpretation. Code interpretations shall be made in writing and shall state the facts upon which the Planning Director relied to make the determination. The Planning Department shall keep a record of interpretations made pursuant to this section on file for future reference. (D) Applicability of Interpretation. Code interpretations shall be applied in all future cases, provided that any interpretation may be superseded by a later interpretation when the Planning Director determines that the earlier interpretation was in error or no longer applicable under the current circumstances.
(A)(E) Right to Appeal. A Code interpretation by the Planning Director may be appealed to the Planning Commission as provided in Section § 10-3.1601 (Interpretation). § 10-3.402 APPLICABILITY.

Should any standard or provision of this title conflict with the allowances or requirements of State law, such allowances or requirements shall prevail.
§ 10-3.402 LESS RESTRICTIVE USES PROHIBITED.

The express enumeration and authorization in this chapter of a particular class of building, structure, premises, or use in a designated zone shall be deemed a prohibition of such building, structure, premises, or use in all zones of a more restrictive classification
§ 10-3.403 ADDITIONAL PERMITTED USES.

Uses other than those specifically mentioned in this chapter as uses permitted in each of the zones also may be allowed therein, provided such additional uses are similar to those mentioned and are, in the opinion of the Commission as evidenced by resolution of record, not more obnoxious or detrimental to the welfare of the community than the permitted uses specifically mentioned for the respective zones. § 10-3.404 ADDITIONAL EXCLUDED USES.

Uses other than those specifically mentioned in this chapter as uses excluded from any zone also may be excluded therefrom, provided such additional uses are, in the opinion of the Commission as evidenced by resolution of record, equally or more obnoxious or detrimental to the welfare of the community than the excluded uses specifically mentioned for the respective zones. § 10-3.405 USES.
(A) No circus, carnival, amusement park, open air theater, race track, private recreation center, or similar establishment shall be established in any zone unless and until a use permit is first secured for the establishment, maintenance, and operation of such use.
(B) No dance hall, road house, nightclub, commercial club, or establishment where liquor is served or sold for consumption on or off the premises, or commercial place of amusement or recreation, or any such place or any other place where entertainers are provided, whether as social companions or otherwise, shall be established in any zone where such uses may be otherwise allowed unless a use permit shall first have been secured for the establishment, maintenance, and operation of such use. (C) Accessory uses and buildings in any C or I zone may be permitted where such uses or buildings are incidental to, and do not alter the character of, the premises in respect to their use for purposes permitted in the zone. Such accessory buildings shall be allowed only when constructed concurrent with or subsequent to the main building.
18 (D) Public or private parking lots for automobiles may be permitted in any R zone adjacent to any C or I zone provided a use permit shall first be obtained in each case. (E) Churches, schools, hospitals, parks, playgrounds, and public utility and public and quasi-public buildings, except cemeteries and their appurtenant uses, may be permitted in any R zone provided a use permit shall first be obtained in each case.
(F) The removal of minerals, earth, and other natural materials may be permitted in any zone provided a use permit shall first be obtained in each case.
(G) The provisions of this chapter shall not be construed to limit or interfere with the installation, maintenance, and operation of public utility pipelines and electric or telephone transmission lines or railroads when located in accordance with the applicable rules and regulations of the Public Utilities Commission of the state within rights-of-way, easements, franchises, or ownerships of such public utilities.
(H) Home occupations shall be permitted in all R zones subject to the determination by the Commission of what activities are within the definition of home occupations as set forth in § 10-3.201 of this chapter. The determination of the Commission of what conduct may be allowed under the definition of home occupation shall be set forth in a resolution of the Commission on file in the office of the Planning Director. In the event of a dispute regarding the issue of whether or not the use of any property is or is not a home occupation, the Planning Director shall set the matter for hearing by the Commission, and the Commission's determination of such issue shall be final and conclusive. In conjunction with any such hearing, the Commission may attach such conditions to the use of the property which may be necessary to insure that the limitations set forth in this chapter and any resolutions adopted by the Commission concerning the conduct of home occupations are met. All home occupations shall be registered with the Planning Director.
(I) Recycling facilities.
(1) Recycling facilities as hereinafter described are permitted as set forth in this subsection.

Recycling facilities are either collection facilities or processing facilities. A COLLECTION FACILITY shall not complete any processing except limited bailing, batching, and the sorting of materials and shall be classified as either SMALL, which occupies an area of not more than 100 square feet and includes bins, boxes, cans, kiosk-type units, bulk reverse vending machines, and/or other containers or receptacles, or LARGE, which occupies an area of more than 100 square feet and includes bins, boxes, cans, kiosktype units, bulk reverse vending machines, and/or other containers or receptacles. Any and all motorized vehicles and trailers except those used to transfer recyclable materials to a collection or processing facility are deemed to be large collection facilities. A processing facility is a building or space used for the collection and processing of recyclable materials and processed by such means as flattening, sorting, settling, compacting, bailing, shredding, grinding, and crushing. Recyclable materials are reusable material including aluminum, glass, plastic, paper, and used motor oil. (2) Recycling facilities are permitted as follows:
(a) A small collection facility may be permitted in any C, I, IP, or RCO zone and in an R zone when the site is the location of an appropriate non-profit agency. In each case, approval must first be secured from the Planning Director.
(b) A large collection facility may be permitted in any zone after first securing a use permit. (c) A processing facility may be permitted in a C-2, I, or IP use zone after first securing a use permit.
(3) Applications for recycling facilities shall be evaluated for propriety of location and consideration shall be given to the need for facility screening, landscaping, circulation/parking, noise, odor, and sanitation control to assure compatibility with surrounding land uses. (J) Cardrooms.
(1) Cardrooms as hereinafter described and regulated are permitted as set forth in this subsection. A cardroom is any room open to the public for the lawful playing of cards, regardless of whether the tables, chairs and other furniture and fixtures are temporary or permanent or at times used for other purposes. 19 (a) It is the stated purpose of this division (J) to regulate cardrooms in the city concurrently with the state, and to impose local controls and regulations upon cardrooms as permitted in the "Gambling Control Act".
(b) Cardrooms, subject to the licensing requirements and limitation in number cited at § 6-140 301 et. seq. of this code are permitted in any C-1, C-2, CH, or I zone except as otherwise prohibited. In each case, a Use Permit must be approved by the Planning Commission. Application for a Use Permit shall be made in accordance with §§ 10-3.1301 et seq. of this code. (c) Applications for establishment of cardrooms shall be evaluated for propriety of location and consideration shall be given to the need for landscaping, circulation/parking, noise, intrusive lighting and health and safety considerations to ensure compatibility with surrounding land uses. (d) The exterior wall structure of each business or premises lawfully occupied by a cardroom shall be located not less than:

1. 1,000 feet from the exterior property limits of any public or private elementary school, junior high school or high school; and

2. 1,000 feet from the exterior property limits of any church or place of worship; and

3. 1,000 feet from the exterior property limits of any zoning district where residential use is the principal permitted use; and

4. 1,000 feet from the exterior wall structure of each business or premises lawfully occupied by another cardroom, a massage establishment, adult entertainment establishment, or any other adult oriented business establishment.

5. All distances referred to in division (J)(1)(d) of this section shall be measured in a straight line without regard to intervening structures, from the closest exterior structural wall of the cardroom. Said distance standards shall be applied regardless of jurisdictional boundaries. (e) Exempt organizations.

1. Exempt organizations may provide card tables and card games for the exclusive use of their members and shall be exempted from obtaining a cardroom license pursuant to this section, whether or not a fee or any other charge is made to the players, as long as the exempt organization is not required to register under the Gaming Registration Act, and providing that such exempt organization complies with all of the subsections of this section.

2. An authorized representative of the exempt organization shall file a Declaration of Exemption executed under penalty of perjury with the Chief of Police that sets forth the name and address of the exempt organization, the number of tables to be operated, and a declaration that the exempt organization and its members qualify for exemption from the Gaming Registration Act and from licensing hereunder; the Declaration of Exemption shall be accompanied by proof of the valid and unrevoked tax exempt status of the exempt organization granted by the Franchise Tax Board and/or the Internal Revenue Service. No registration fees shall be required.

3. No exempt organization shall operate, conduct, or carry on legal gaming as defined in this chapter more than one day of any calendar week.

4. No exempt organization shall operate, conduct, or carry on legal gaming as defined in § 6-140 301 et. seq. of this code within any building, structure, lot, or premises within any calendar week, if any other exempt organization has conducted, carried on, or operated legal gaming within such building, structure, lot or premises during the same calendar week. (K) Garage and yard sales.
(1) Purpose and intent. The purpose of this subsection is to establish land use standards that will protect the character of single-family residential neighborhoods in order to preserve public safety and welfare. The intent is to regulate those activities which in the most technical sense have business or commercial characteristics, but which, because of the manner in which they are conducted or the purposes for which they are being operated, are truly non-commercial in nature. These regulations are intended to prevent the expansion of such non-commercial operations into truly commercial operations and to regulate the method of conducting the activity so that it will be confined to a non-commercial type of operation. It is the purpose of this subsection to prevent such activities from unfairly competing with 20 permitted revenue-producing commercial and business enterprises; to prevent the conduct of commercial enterprises upon other than commercially zoned property; and to curb the evasion of business permit fees and sales taxes.
(2) Definitions. For the purpose of this subsection, a GARAGE SALE or YARD SALE is a sale conducted by an individual homeowner or occupant of a home, or apartment owner, occupant of an apartment unit, or owner or occupant of any other residential or dwelling unit. These sales are for the purpose of selling, trading, bargaining, exchanging or otherwise disposing of unwanted or surplus household furnishings or goods, or other tangible items. They are usually conducted in a garage, on a patio or porch, upon a driveway or in a yard, and are sales for which no inventory or permanent or detailed records are kept on the transactions thus carried out. They may at times be conducted by a combination of residential dwellers at a single location. All sales designated "lawn sale", "attic sale", "rummage sale ", "moving sale", "estate sale" or other terms of similar or like intent and having the foregoing characteristics and purposes are hereby declared GARAGE or YARD SALES for the purpose of regulation by this subsection.
(3) Time limits of sales. Sales events conducted at any residential dwelling unit, apartment complex, or residentially zoned property may only be held on the first Saturday and/or Sunday of each month. No event may be held for more than two consecutive days. The time limit for conducting the sale shall be between the hours of 8:00 a.m. and 4:00 p.m., including the time for set-up and takedown. The driveway, yard area, or other space used for the purposes of the sale shall be restored to its normal residential character at the conclusion of the sale.
(4) Limitations on items for sale. Goods offered for sale shall be the personal property of the person conducting the sale, as well as persons participating in the sale. All of the goods must be used or secondhand. Selling goods which have been acquired specifically for the purpose of resale is prohibited.

The sale of the goods shall not violate any federal, state, or local laws. (5) Display of property. Except where a special events or encroachment permit has been issued, the display of personal property offered for sale shall not be displayed on any public right-of- way, including, but not limited to, sidewalks, parkways, streets and/or alleys, or on any other residentially zoned property other than that owned or rented by the person conducting the sale. (6) Sign displays. A sign no larger than six square feet in area may be displayed on the premises announcing the sale during the time period allowed for such events. No sign shall be displayed at any location outside of, or off the premises without the expressed written permission of the owner. Placing signs in the public right-of-way is prohibited. No sign shall be placed any earlier than 12:00 p.m. on the day before the sale starts and shall be removed by 4:00 p.m. on the termination day of the sale. (7) Violation - penalty. Violations of any provisions of this subsection shall subject the violator to suit for civil remedy, criminal penalty, administrative enforcement, or any combination thereof. The criminal penalty for a first or second offense shall be punishable as an infraction. The criminal penalty for a third offense or more shall be punishable as a misdemeanor. (8) Non-profit organizations shall be permitted to hold no more than two garage or yard sales on non-residential property within a 12 month period. Non-profits holding such garage or yard sales must obtain a permit from the Neighborhood Revitalization Department prior to holding the event. (L) No treatment center, counseling center, psychiatric facility, or other clinic or business which primarily serves or treats sex offenders, including those persons who are required to register pursuant to California. Penal Code § 290, or any similar establishment shall be established in any zone unless and until a use permit is first secured for the establishment, maintenance, and operation of such use. Under no circumstances shall a permit issue or, any such facility shall be permitted to locate or operate within 2,000 feet of any public or private school or park, or any facility where children gather. -
21 § 10-3.406 NONCONFORMING BUILDINGS AND USES.

The following regulations shall apply to all nonconforming buildings and structures, or parts thereof, and uses existing on September 15, 1954:
(A) Land only. The lawful use of land only, existing on September 15, 1954, although such does not conform to the regulations specified in this chapter for the zone in which such land is located, may be continued provided no such use shall be enlarged or increased nor be extended to occupy a greater area than that occupied by such use on September 15, 1954, and if any use ceases, the subsequent use of such land shall be in conformity to the regulations specified by this chapter for the zone in which such land is located.
(B) Buildings or structures. A building or structure in existence, or a use lawfully occupying a building or structure on September 15, 1954, or on the effective date of an applicable amendment to this chapter, which building or use does not conform to the regulations for the district in which the building or use is located, shall be deemed to be a nonconforming building or use, and may be continued as provided in this section:
(1) The lawful use of buildings or structures may be continued although such building or use does not conform to the regulations specified for the zone in which such building or structure is located. (2) The nonconforming use of a portion of a building or structure may be extended throughout the building provided in each case a use permit shall be first approved by the Planning Commission. (3) The nonconforming use of a building or structure may be changed to a use of the same or more restricted nature provided in each case a use permit shall first be approved by the Planning Commission. (4) If the nonconforming use of a building or structure ceases for a continuous period of six months, it shall be considered abandoned and shall thereafter be used only in accordance with the regulations for the zone in which such building or structure is located and the nonconforming right shall be lost.

Provided, however, that if a use permit is approved by the Planning Commission within an additional six months from the date of termination, the use may be reestablished. (C) Maintenance or repairs. Ordinary maintenance and repairs may be made to any non- conforming building providing no structural alterations are made and providing such work does not exceed 15% of the appraised value of the building or structure in any one-year period. Other repairs or alterations may be permitted provided a use permit shall first be secured in each case. (D) Reconstruction of damaged nonconforming building. Nothing in this chapter shall prevent the reconstruction, repair, or rebuilding and continued use of any nonconforming building or structure partially damaged by fire, collapse, explosion, or act of God, wherein the expense of such reconstruction, repair, or rebuilding does not exceed 75% of the appraised value of the building or structure according to an independent appraisal completed by an appraiser certified by the state at the time such damage occurred. All such reconstruction shall be performed under one building permit and started within a period of one year from the date of damage and be diligently prosecuted to completion. In the event the aforementioned damage is in excess of 75% of the appraised value, the building or structure may be restored only if made to conform to all the regulations of the zone in which it is located, or through approval of a use permit by the Planning Commission.
(E) Changes to conforming use to be permanent. Any part of a building, structure, or land occupied by such a nonconforming use which is changed to, or replaced by, a use conforming to the provisions of this chapter, as they apply to the particular zone, shall not thereafter be used or occupied by a nonconforming use.
(F) Nonconforming uses resulting from amendments. The foregoing provisions of this section shall apply also to buildings, structures, land, or uses which hereafter become nonconforming by reason of any reclassifications of zones or any subsequent changes to the provisions of this chapter as of the effective date of such amendment.
(G) Exceptions; powers of eminent domain. No parcel of land in single ownership on September 15, 1954, shall be considered non-conforming solely as the result of the taking of a part of such land for street widening or public utility purposes under the power of eminent domain. 22 (H) Billboards. All BILLBOARDS billboards defined in § 10-3.201 of this chapter are declared to be non- conforming uses in any zone and shall be prohibited, and such billboards shall be removed from the premises where located on or before January 15, 1975, or within three calendar years after the effective date of any ordinance annexing the territory upon which any such sign is located, whichever is the latter; provided, however, the provisions of this section shall not apply to official notices issued by any court, public body, or officer in the performance of a public duty, or by any person in giving any legal notice, or to any directional, warning, or informational sign required by or authorized by law or by federal, state, or local authority.
§ 10-3.407 LOCATION OF DWELLINGS.

Except in multiple dwelling developments or where otherwise provided for in this chapter, every dwelling shall face or front upon a street or permanent means of access to a street. § 10-3.408 HEIGHT OF BUILDINGS.

Chimneys, cupolas, water tanks, ventilating fans, towers, steeples, smokestacks, and similar structures and mechanical appurtenances may be permitted in excess of height limits specified in the individual zones provided a use permit is first obtained in each case. In order to encourage shared use of telecommunication towers and the use of alternative tower structures or stealth antennas, the Community Development Director/City Engineer and may approve an exception to the height restrictions specified in the individual zones by an amount not to exceed 20 feet. § 10-3.409 BUILDING SITE AREA.

Any lot or parcel of land under one ownership and of record on September 15, 1954, where no adjoining land is owned by the same person may be used as a building site even when of less area or width than that required by the regulations for the zone in which it is located. § 10-3.410 THROUGH LOTS.

On through lots, either lot line separating such lot from a public thoroughfare may be designated by the owner as the front line. In such cases, the minimum rear yard shall be the average of the yards on lots next adjoining. If such lots next adjoining are undeveloped, the minimum rear yard shall conform to the front yard setback for the zone in which the property is located. § 10-3.411 YARD ENCROACHMENTS.

Where yards are required by this chapter, they shall be not less in depth or width than the minimum dimension specified for any yard, and they shall be at every point open and unobstructed from the ground upward, except as follows:
(A) Architectural features. Fireplaces, bay windows, balconies, cornices, canopies, and eaves, not providing additional floor space within the building, may extend into a required front, side, or rear yards not to exceed two feet.
(B) Porches.
(1) Covered porches, landing spaces, or outside stairways, which do not extend above the level of the entrance floor of the building may project into any required side yard not more than three feet and not 23 exceeding six feet into any required front yard. An open work railing, not more than 30 inches in height, may be installed or constructed on any such porch or landing space. (2) Open porches, landing spaces, or outside stairways, if unroofed and unenclosed, which do not extend above the level of the entrance floor of the building to a maximum of 30 inches, is not limited as to its projection into front and side yards, provided it is not more than 120 square feet in area. Projections into a required rear yard are subject to the same limitations as a deck. (C) Decks. When larger than 120 square feet or when the deck is constructed higher than 30 inches above finish grade, a wood deck may occupy up to 30% of a required rear yard area, but may not extend any closer than three feet to the rear or side property lines. Except as provided under open porches above, such a deck may not be located in the front setback area. (D) Accessory buildings and structures. Except as provided elsewhere in this title, the following regulations shall apply to the location of accessory buildings:
(1) Attached accessory building. Where an accessory building is attached to and made a part of the main building, it shall be made structurally an integral part of, and have a common wall with, the main building and shall comply in all respects with the requirements of this chapter applicable to the main building.
(2) Detached accessory buildings. A detached accessory building or structure to be constructed in an R-1, R-2, R-3, or PD zone (unless otherwise provided by an approved precise plan) shall be subject to the following standards:
(a) Buildings designed for residential occupancy, or detached accessory structures larger than 1,000 square feet in size or higher than 12 feet shall be located at least ten feet from any dwelling building existing or under construction on the same lot or any adjacent lot. Such accessory building shall conform to the setback requirements for the primary dwelling unit on the lot. (b) Structures not designed for residential occupancy, such as patio covers, gazebos, cabanas, and pool shelters, less than 1,000 square feet in area and less than 12 feet in height, shall be located as follows:

1. For structures with walls, at least a three-foot separation from the walled side to any building on the same lot is required. A three-foot separation from any side or rear lot line must be maintained.

2. For structures with wall surfaces of less than 10%, no separation is required from other buildings on the same lot, except at windows where three feet must be maintained. A three-foot separation from any side or rear lot line must also be maintained.

3. In the case of a corner lot, such structure shall meet the street side yard setback requirements for the primary dwelling unit on the lot.
§ 10-3.412 FENCES, WALLS, AND HEDGES.
(A) No fence, wall, or screen planting of any kind shall be constructed or grown to exceed a maximum of six feet in height between the rear property line of a lot and the front line of the main building or along any rear property line, nor to exceed three feet in height in any required front or street side yard or within 25 feet of any street corner except as may otherwise be permitted under this chapter. (B) In R-1, R-2, and R-3 zones, or any Planned Development zone, no barbed wire shall be used or maintained in or about the construction of a fence, wall, hedge, or screen planting along the front, side or rear lines of any lot, or within three feet of the lines, and no sharp wire or point shall project at the top of any fence or wall.
(C) A fence may only be constructed of permanent building materials, such as wood, chain link, stone, rock, concrete block, masonry brick, brick, decorative wrought iron or other similar building materials approved by the Planning Department. A fence may not be constructed of cast-off, secondhand, or other material not originally intended to be used for constructing or maintaining a fence, including, but not limited to plywood less than five-eighths inches thick, particle board, cardboard, paper, visqueen plastic, plastic tarp, scrap wood, scrap metal, or similar material. 24 (D) All fences shall be properly maintained so as not to create a hazard, public nuisance or blight in the surrounding neighborhood.
(E) Any fence that is constructed, replaced or repaired in a manner that is inconsistent with the provisions of this section as of the effective date of Ordinance No. 809 C.S. shall constitute a violation of this section.
§ 10-3.413 STORAGE OF COMMERCIAL VEHICLES.

The storage or parking of commercial vehicles in the R-1, R-2, and R-3 zones, except for loading and unloading purposes, or the storage of materials, supplies, or equipment used for commercial purposes is prohibited.
§ 10-3.414 AUTOMOTIVE STORAGE OR PARKING SPACE.

For each main building erected or structurally altered in any R-1, R-2 or R-3 zone there shall be provided and maintained minimum off-street parking accommodations with adequate provisions for ingress and egress by standard size automobiles as provided in the Off-Street Parking Regulations subchapter of this chapter.
§ 10-3.415 DWELLING ON FRONTS OF LOTS.

Except as may otherwise be permitted within the applicable base zone district, Any any lot upon which a legal non-conforming dwelling has been constructed on the rear half thereof prior to September 15, 1954, may have a second dwelling constructed on the front half of the lot upon the issuance of a use permit.
§ 10-3.415.1 (RESERVED).
§ 10-3.416 OUTDOOR RETAIL SALES.

This section sets standards for the conduct of outdoor retail sales activities, including but not limited to:
farmer's market, home sales, pushcarts or peddle carts, sales from vehicles, seasonal sales, and sidewalk sales. The regulations provide for the pleasure and convenience of the community while protecting the public health and safety. A needed service is allowed through these provisions, as well as ensuring land use compatibility and attractive facilities.
(A) Definitions. The following definitions shall apply to this section:

LUNCH WAGON. A motor vehicle from which beverages and/or ready-to-eat food items are sold.

MOBILE FOOD PREPARATION UNIT. Any vehicle or portable food service unit upon which food is prepared for service, sale and distribution at retail, other than a lunch wagon or unprepared food vending vehicle, bakery truck, or ice cream product truck.

MOBILE VENDOR. Any person not having an established location who is engaged in transient business for the purpose of selling any type of merchandise or for the purpose of taking orders, or providing a service.

OPERATOR'S PERMIT. The permit issued to a mobile vendor, under the provisions of § 6-1.53 of the Municipal Code, who sells products, provides services, operates a lunch wagon, mobile food preparation unit, or pushcart on any sidewalk, street, alley, or highway, or on public or private property for the purpose of vending a product to the public.
25 OUTDOOR RETAIL. The conducting of activities including but not limited to sales, merchandising, display, exhibition, vending, demonstration or distribution of any product or service outside of a fully enclosed structure built in accordance with the provisions of the Madera Municipal Code.

PUSHCART. Any wagon, cart, or similar wheeled container, which is not a vehicle as defined in the State Vehicle Code, from which a product is offered for sale to the public.

SEMI-PERMANENT. The selling, giving away, displaying or offering for sale any product or service from any location for a period of time in excess of 30 minutes.

STAND. Any newsstand, table, bench, booth, rack or any other fixture or device which is used for the display or storage of articles offered for sale by a vendor.

TEMPORARY USE PERMIT. The land use permit issued by the Planning Director to a vendor authorizing the holder to engage in the business of vending a product from a lunch wagon, stand, mobile food preparation unit, pushcart, or any other business at a fixed location on any sidewalk, street, alley, or highway, or on public or private property, on a seasonal or temporary basis.

USE PERMIT. The land use permit issued to a vendor by the Planning Commission authorizing the holder to engage in the business of vending a product from a lunch wagon, stand, mobile food preparation unit, pushcart, or any other business at a fixed location on any sidewalk, street, alley, or highway, or on public or private property, on a long term or permanent basis.

VENDOR. A person who sells any type of merchandise at any fixed location other than within a permanent building or structure.
(B) Exceptions. All merchandise or displays and all storage or sales areas shall be within a permanent and completely enclosed building or structure, except that the following may be conducted outdoors:
(1) Newspaper vending from coin operated machines.
(2) Flower stands, plants and floral displays, subject to the requirements for a temporary use permit specified at division (F) (5) below and the standards specified in division (C) (6) below. (3) Those outdoor land uses and activities specifically allowed by other sections of this code. (4) Vehicular fuel sales in conjunction with approved service stations and mini-market operations. (5) Vending machines, subject to the standards specified in division (F) (6) (a) below. (6) Sales of Christmas trees and fireworks as further regulated by division (C) (6) below. (7) Garage or yard sales at single or multiple family residences. (8) Special events and sales activities conducted at city-owned facilities as may be authorized by the appropriate city department director.
(9) Outdoor fund-raising sales and activities conducted by schools, charitable or non-profit organizations if the sale is carried on wholly by the organization and it will derive, both directly and indirectly, any and all profits from the sale, except that events held on private property shall be subject to administrative approval by the Planning Director Approval. (10) Mobile vendors as authorized in this section.
(C) General provisions. The following regulations shall apply generally to all outdoor retail sales activities authorized in this section.
(1) The sale of raw or processed foodstuffs is subject to applicable regulations of the County Health Department, State Health Codes, and California Food and Agriculture Codes, including but not limited to obtaining and displaying a current proof of health inspection sticker. (2) All food preparation and vending units shall be inspected at least annually by the County Health Officer or designated representative and shall display a current sticker issued by and as directed by that agency.
(3) Sale of food products or beverages from any portable box, bag or similar container, other than a County Health Department approved container shall be prohibited, except that food previously inspected by a duly appointed government inspector, prepackaged in sealed containers may be displayed or offered for sale if otherwise in compliance with all applicable health and safety regulations. (4) No vendor shall operate within 300 feet of any school ground prior to 4:00 p.m. on any day school is in session.
26 (5) No more than two vendors shall assemble, gather, collect or otherwise join for any purpose at any location except as otherwise authorized by approved conditional use permit. (6) In no case shall a vendor operate in the following described areas except as permitted in writing by the City Council or it's authorized representative:
(a) Within 15 feet of any crosswalk or fire hydrant:
(b) In marked diagonal parking spaces:
(c) On any sidewalk or street adjacent to a curb which has been designated as a white, yellow, blue, green or red zone:
(d) Within 12 feet of the outer edge of any entrance way to any building or facility used by the public measured in each direction parallel to the building; (e) At a location where pedestrian passage will be reduced to less than six feet:
(f) At any location where such operation may create a traffic hazard. For the purpose of this section, the judgment of a Madera police officer shall be deemed conclusive as to whether the operation is creating a hazard.
(g) Vendors shall not be permitted to operate at any publicly-owned off-street location in the Downtown Business District, including but not limited to parking lots and pocket parks. This section shall not be construed to prohibit vendors from operating on privately-owned property in the Downtown Business District pursuant to a valid use permit.
(7) Vendors shall be restricted from parking and or conducting business at any location within the public right-of-way designated by the City Engineer that represents a public peace, safety, health or welfare concern.
(D) The following additional regulations shall apply to pushcart, lunch wagon and mobile food preparation units.
(1) Each unit shall have affixed to it in plain view or available for immediate inspection a Madera City Business License, Health Certificate and any other permit required by this or any other applicable code.
(2) The maximum dimensions of any pushcart shall be six feet in length and four feet in width. (3) The only signs used in conjunction with any unit shall be signs affixed to or painted on the unit or its canopy, with a maximum area of eight square feet. (4) The operator of any unit, if such a person is an employee, contractee, or lessee of an owner, shall carry his operator's permit upon his person.
(5) No artificial lighting of any pushcart is permitted except as required by the California Vehicle Code.
(6) A refuse bin of at least one cubic foot shall be provided in or on the unit and shall be accessible by customers.
(7) No shouts, calls, horns or other noise nor amplified sound which can be heard 50 or more feet from the unit shall be permitted.
(8) No person shall stop, park or cause any lunchwagon or mobile food preparation unit or motor vehicle from which is offered food beverages, goods or merchandise to remain stopped in any public right-of-way within 75 feet of any street intersection. (9) No person shall stop, park or cause any unit from which is offered food, beverages, goods or merchandise to remain stopped in any public right-of-way for more than 30 minutes except pursuant to the order of a lawful authority or for the purpose of making emergency repairs to the vehicle. In no event shall any person sell or give away any food or beverage product from a lunchwagon, pushcart or mobile food preparation unit vehicle while on any other public property including parking lots or pocket parks except as otherwise allowed in this code.
(10) No person shall stop, park or cause a lunchwagon, pushcart or mobile food preparation unit to remain on any private property for the purpose of selling, giving away, displaying or offering for sale any food or beverage product to any person other than the owner, his agents or employees without first securing a use permit for such activity. Permission for sales only to the owner, his agents or employees 27 must be granted by the owner of such property and must be in writing and shall be carried by the vendor and/or exhibited in the unit and shall not exceed the time limits established by § 10-3.416(D)(17). (11) All mobile food preparation units, lunchwagons or pushcarts shall comply with all applicable regulations set forth in Articles 10 and 10.1 of Title 17 of the California Administrative Code. (12) Each mobile food preparation unit shall be equipped with a fully charged fire extinguisher in good operating condition and with a current inspection tag. The driver shall be advised of the location of the type of extinguisher used and instructed in its operation. (13) No cooking or food preparation shall be done while the mobile food preparation unit is in motion.
(14) Waste water shall not be discharged from a unit except at an approved disposal site. (15) All units shall clearly exhibit the name of the owner of the unit, business address and business phone number of the person, firm, association, organization, company or corporation. (16) Removal of trash. The operator of each unit shall be responsible for collection and proper disposal of all trash and debris accumulated by reason of any vending operation. (17) Units may stop at sites or businesses (on-site) for no more than 30 minutes without moving to a new business location or site and may not return to that location for a period of one hour. (E) The following requirements and standards shall apply only to mobile food preparation units, catering trucks and lunchwagons seeking to apply for a conditional use permit to operate on private property on a semi-permanent basis.
(1) Units proposing to operate on private property on a semi-permanent basis in the city shall not be allowed in the Residential or Professional Office Zones. (2) No unit will be authorized to operate on private property on a semi-permanent basis in any established shopping center in the city.
(3) A unit may be authorized to operate on a property occupied by another land use, with the authorization of both the land-owner and the operator of the primary business, and as accessory to the primary land use.
(4) Except for restroom facilities, a unit on private property must operate as a separate and independent land use. The primary land use must continue to function without infringement on its access, circulation and parking requirements.
(5) The unit must comply with standard yard area and open space requirements as required by the zone for the primary business operation.
(6) Minimum site area for a unit shall be based on the setback requirements and on-site parking requirements for the operation and in no case shall be less than 1,000 square feet. (7) A minimum of three standard on-site parking spaces in conformance with city standards shall be required in conjunction with the location of a unit on private property on a semi-permanent basis. (8) The site on which the unit shall be located must be paved with asphalt concrete in accordance with city standards.
(9) A unit operating on private property on a semi-permanent basis shall be limited in its operation to daylight hours only, except as otherwise allowed by approved use permit. (F) Permit requirements. The following permit procedures shall apply generally to outdoor retail sales activities as specified:
(1) Business license. Every vendor shall obtain a business license in accordance with the provisions of Title 6 of this Code.
(2) Use permit. No vendor may stop, stand or park at a fixed location for the purpose of vending or exhibiting merchandise at or on any publicly or privately-owned property or conduct sales activity outside a building or structure without first securing a use permit in accordance with Article 13 of this Code. (3) Operators permit. No itinerant vendor shall operate without first obtaining a license under the provisions of § 6-1.53 of this Code.
(4) No person except the holder of a business license pursuant to § 6-1.53 of this code may be issued a use permit. No person may be issued such use permit unless he or she has obtained any required approvals from the County Health Department.
28 (5) Temporary use permits. The temporary use of land for those activities permitted in this section may be authorized for a limited and specified period of time not to exceed one year in duration as set by the Planning Director within the terms and conditions of each particular temporary use of land permit.

The Planning Director may consider and take appropriate action on a request for extension of a temporary use of land permit for one additional one-year period upon review of a written request to be submitted no later than 30 days prior to the expiration of the approved temporary use of land permit. Outside sales of seasonal merchandise (Christmas trees, fireworks, pumpkins, produce stands, flower stands and the like) in one location may be permitted up to a maximum cumulative total of 90 days within a calendar year on a single property, with a limitation of no more than three non-consecutive separate events of a maximum of 30 days per each event.
(6) For applications for temporary use of land permits which allow for a vendor, the following minimum provisions and conditions shall also be applicable:
(a) A vendor sales stand and/or use shall not be located upon the paved or any unpaved portion of a public right-of-way nor impede the free and unobstructed use of any sidewalk or right-of-way. Push carts may use the public sidewalk as long as the cart does not impede the movement of pedestrians. (b) The vendor sales activity, including the display of all related merchandise or products for sale, shall be limited to the immediate confines of the temporary street side stand, trailer, vehicle or other enclosure approved as part of the permit.
(c) All uses shall be located in such a manner that will not impede the normal use of driveways serving the property where the use is proposed nor in such a manner that encourages customers to stop in the street or driveway to obtain vendor service.
(d) Uses providing for temporary street side stands, trailers, or vehicles shall comply with the setback/yard provisions of the specific commercial or industrial zone the use is proposed to be located in.

Temporary outdoor promotional/sales event for a commercial business may be allowed by conditional use permit.
(7) In authorizing an application for a temporary use of land permit, the Planning Director shall include as conditions of approval the following minimum provisions:
(a) The use will be limited to the dates and times (or period of time), nature and extent prescribed by the Planning Director.
(b) All works including building, electrical, and plumbing will conform to all requirements of applicable codes and regulations:
(c) Provisions for fire protection and fire vehicle access will be made as prescribed by the Fire Chief:
(d) Signage will be limited to that approved by the Planning Director; (e) The site will be continuously maintained free of weeds, litter and debris:
(f) Within three days after removal of the temporary use the site will be completely cleaned: all trash debris signs and sign supports, and temporary electrical service and other equipment will be removed:
(g) Any additional limitations or conditions as required by the Planning Director as conditions of approval.
(G) Enforcement. Any person or business operating contrary to the provisions of this section shall be, and the same is hereby declared to be, unlawful and a public nuisance, and the city attorney may, in addition to or in lieu of prosecuting a criminal action thereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal or enjoinment thereof in the manner provided by law, and may take such other steps and may apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such establishment and restrain and enjoin any person from selling products, providing services or operating a lunch wagon, mobile food preparation unit or pushcart contrary to the provisions of this article.
(H) Application fees. Application fees for any permit required by any provision of this section shall be as established by separate City Council Resolution.
29 § 10-3.417 ZONING ADMINISTRATORAMENDMENTS TO PREVIOUSLY APPROVED

PERMITS
(A) Applicability. Any person holding a permit granted under this chapter may request an amendment to that permit. For the purpose of this section, the amendment of a previously approved permit may include amendment of the terms of the permit itself, amendment to project design, or the waiver or alteration of conditions imposed in the granting of the permit.
(B) Request for Amendment. An applicant may request an amendment to a permit after the effective date of the permit. An application shall be made on forms provided by the City and shall be accompanied by the applicable fee.
(C) Review Process. An amendment to a permit may be granted only when the designated approving authority makes all findings required for the original approval. The designated approving authority for an amendment to a previously approved permit shall be determined as follows:
(1) Minor amendment.
(a) Applicability. A minor amendment is a non-substantive change of a previously approved permit, including:

1. Structural additions to non-residential projects of more than 200 square feet and less than 2,500 square feet or 10 percent of existing square footage, whichever is less. Square footage shall be the aggregate of all proposed structures.

Successive projects of the same type in the same place over time may be referred to the Major Amendment process, as determined by the Director.

2. Structural additions or alterations to existing residential projects that add no more than four units or 10% of the existing units, whichever is less.

3. Expansion of existing parking lots that add fewer than 25 parking spaces on an existing site.

4. Changes to parking areas or circulation patterns or reduction of the number of parking spaces.

5. Landscape modifications which do not alter the general concept or reduce the effective amount of landscaping.

6. Architectural, exterior material, or color changes which do not alter or conflict with the basic architectural form and theme of an existing building or change the location of windows or doors.

7. Other requests like the above-listed minor amendments, as determined by the Director.
(b) Review process. The Director is the designated approval authority for minor amendments. No public hearing shall be required. A written notice of decision shall be issued to the applicant in the same manner as the original permit. Minor amendments to discretionary permits may be appealed.
(2) Major amendments. Major amendments to a previously approved permit shall be processed as follows:
(a) Applicability. A major amendment is a substantive change of a previously approved permit, including:

1. Structural additions to non-residential projects of equal to or greater than 2,500 square feet or 10 percent of existing square footage, whichever is less.

Square footage shall be the aggregate of all proposed structures. 30 2. Structural additions or alterations to existing residential projects that add more than four units or 10% of the existing units, whichever is less.

3. Expansion of existing parking lots that add 25 parking spaces or more on any existing site.

4. A modification in the approved access to the project site.

5. Changes in the allowed uses established for an approved Planned Development.

6. Expansion of use over 50 percent of square footage.

7. Other requests that cannot be classified as a minor amendment. (b) Review process. The original approving authority shall be the designated approving authority for major amendments. A major amendment shall be processed in the same manner and subject to the same standards, as either may be updated by these zoning regulations, as the original application. Major amendments of discretionary permits may be appealed as authorized by this chapter for the specific permit type. (3) Substantial Conformance. The Director may approve minor changes to a previously approved permit at the administrative level if the proposed changes are in substantial conformance with the existing permit and would not require any additional environmental analysis. Such proposed changes shall not significantly affect the design, intensity, or intent of the approved project or reduce any requirement intended to mitigate an environmental effect; alter any public improvement or facility or conditions for which other properties or developments may rely; nor have an adverse effect upon public health, safety, or welfare. (a) A substantial conformance determination may include:

1. Structural additions to non-residential projects of less than 200 square feet.

Square footage shall be the aggregate of all proposed structures.

2. Structural additions or alterations to existing residential projects that add no additional units.

3. Changes to off-street parking and circulation configurations which do not reduce the number of required parking spaces.

4. Landscape modifications which do not reduce the number of trees or reduce the amount of plantings.

5. Architectural or exterior material or color changes which do not change the basic form and theme of an existing building, do not change the location of windows or doors, or conflict with the original approved architectural form and theme of an existing building.

6. Other requests similar to the above-listed changes, as determined by the Director.

7. No notice of decision is required for determinations of substantial conformance.
(D) Permit Expiration. Granting of an amendment to a previously approved permit does not extend the permit expiration date. A permit extension must be reviewed and approved by the corresponding approval authority prior to expiration of the previously approved permit. (A) Zoning Administrator created; authority.
(1) There is hereby created a Zoning Administrator for the city. (2) The Zoning Administrator shall be the Community Development Director/City Engineer or his 31 designated appointee.
(3) Any matter considered by the Zoning Administrator shall be subject to such conditions as will assure that the adjustments or modifications thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and Zone District in which subject property is situated, and such other conditions as deemed necessary to carry out the purposes of this section.
(B) Matters considered by Zoning Administrator.
(1) The Zoning Administrator shall have and decide the following matters:
(a) Applications for modifications pursuant to the provisions of this section; (b) Land use approvals as specified by this section and the provisions of this Code pertaining to the various zoning districts;
(c) Minor modifications of lawfully issued and effective Use Permits when no change in development conditions are necessary, i.e., adequate parking, loading zone and landscaping conditions exist per this chapter;
(d) Appeal from administrative acts of Planning Division personnel where it is alleged by the appellant that there is error in any order, requirement, permit, decision or determination made by an administrative official in the administration or enforcement of this chapter, in which matters the Zoning Administrator shall have the authority.
(2) The Zoning Administrator may grant modifications to certain requirements specified in this chapter to the following extent, if the Zoning Administrator's findings are as provided in this section. (a) Front and rear yard setback modifications not exceeding five feet. (b) Side yard setback modifications not exceeding two feet. (c) Building site coverage modifications not exceeding 10% of the minimum open space requirements specified by the Municipal Code.
(d) Open space modifications not exceeding 10% of the minimum open space requirements specified by the Municipal Code.
(e) Excessive building height adjustments not exceeding two feet. (3) The Zoning Administrator may grant land use approvals as specified by the provisions of this Code pertaining to various zoning districts.
(C) Appeals from the Zoning Administrator's decision.
(1) The Zoning Administrator shall render the decision in writing on any matter properly presented, within 30 days following the date of application. The granting of any matter when conforming to the provisions of this division (C) is hereby declared to be an administrative function, the authority and responsibility for performing such is imposed upon the Zoning Administrator and the action thereon by the Administrator shall be deemed to be final and conclusive except in the event of appeal that is herein provided.
(2) In case the applicant, or other interested parties are not satisfied with the action of the Zoning Administrator, they may within ten days appeal in writing to the Planning Commission for further action.
(3) The Planning Commission shall consider such appeal at the next regular meeting for which proper notification may be provided in accordance with the provisions of this section. (4) In case the applicant, or other interested parties are not satisfied with the action of the Planning Commission, they may within ten days, appeal in writing to the City Clerk for further action. (5) The City Council shall consider such appeal at the next regular meeting for which proper notification may be provided in accordance with the provisions of this section. (D) Rules and procedures.
(1) The general rules and procedures necessary or convenient for the conduct of business of said Zoning Administrator shall be adopted by the City Council.
(E) Application for and initiation of hearings.
(1) Hearings on minor Use Permit modifications or adjustments shall be initiated in any of the following manners:
32 (a) By verified application of any interested person or persons; (b) By resolution of the City Council or Planning Commission requesting the Zoning Administrator to hear the same.
(2) Hearings on minor Use Permit modifications or adjustments shall be noticed in the following manner:
(a) Not less than ten days before such public hearing, one publication in a newspaper of general circulation in the city. Such notice shall state the name of the applicant, nature of the request, location of the property, the environmental determination, and the time and place of the hearing. (b) Direct mailing to the owners and occupants of the property located within 300 feet of the boundaries of the project site, as shown on the latest equalized assessment roll. (c) In addition, notice shall also be given by first class mail to any person who has filed a written request with the Community Development Department. Such a request may be submitted at any time during the calendar year and shall apply for the balance of such calendar year. The city may impose a reasonable fee on persons requesting such notice for the purpose of recovering the cost of such mailing. (d) Substantial compliance with these provisions shall be sufficient and a technical failure to comply shall not affect the validity of any action taken pursuant to the procedures set forth in this section. (F) Term of permit; expiration.
(1) The Zoning Administrator may in the granting of any permit modification or adjustment impose upon the permit a term of such period of time as is found to be consistent with the proposed use and necessary to safeguard the public safety, health and welfare.
(2) The Zoning Administrator may in the granting of any permit modification or adjustment specify the time within which the proposed use must be undertaken and actively and continuously pursued. (3) Any permit modification or adjustment shall become null and void at the expiration of the term thereof, or if not undertaken and actively and continuously pursued within the time specified in the permit or within one year if no time be specified therein.
(G) When Zoning Administrator action is final.
(1) Upon expiration of the time within which an appeal therefrom may be filed, and no appeal being filed within such time, the decision of the Zoning Administrator shall be deemed final; but if an appeal is filed within such time, the decision of the Zoning Administrator shall be stayed pending determination of the appeal or its withdrawal by the appellant.
(2) Until the decision of the Zoning Administrator, Planning Commission, or City Council has become final, as herein provided, no permit or license shall be issued for any city dependent upon the granting of adjustment.
(Ord. 689 C.S., passed 8-5-98)
§ 10-3.418 RIGHT TO FARM.
(A) The City Council hereby finds that where nonagricultural land uses extend into agricultural areas or exist side-by-side, agricultural operations often become the subject of nuisance complaints. As a result, some agricultural operations are forced to cease or curtail operations, others are discouraged from making investments in farm improvements, and efficient agricultural production is generally discouraged due to burdensome litigation against farmers.
(B) It is the intent of the city to conserve, protect and encourage the development, improvement and continued viability of its agricultural land and industries for the long-term production of food and other agricultural products, and for the economic well-being of the city's and county's residents. It is also the intent of the city to balance the rights of farmers to produce food and other agricultural products with the rights of non-farmers who own, occupy or use land within or adjacent to agricultural areas. It is the intent of this chapter to reduce the loss to the city's and county's agricultural resources by limiting the circumstances under which agricultural operations may be deemed to constitute a nuisance. Nothing in this chapter shall be construed to limit the right of any owner of real property to request that the city 33 consider a change in the zoning classification of his property in accordance with the procedures set forth in the Municipal Code.
(C) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AGRICULTURAL ACTIVITY, OPERATION OR FACILITY, OR APPURTENANCES THERETO.

Includes, but is not limited to, the cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of an agricultural commodity, including timber, viticulture, apiculture or horticulture, the raising of livestock, fur-bearing animals, fish or poultry, and dairy practices performed by a farmer or on a farm as incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market. (D) Consistent with Cal. Civ. Code § 3482.5 (agricultural activity not a nuisance), no agricultural activity, operation or facility, or appurtenances thereof, conducted or maintained for commercial purposes, and in a manner consistent with proper and accepted customs and standards, as established and allowed by similar agricultural operations in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after the same has been in operation for more than one year if it was not a nuisance at the time it began. (E) This section shall not invalidate any provision contained in the Health and Safety Code, Fish and Game Code, Food and Agricultural Code, or Division 7 (commencing with Section 13000) of the Water Code of the State of California, if the agricultural activity, operation or facility, or appurtenances thereof, constitutes a nuisance, public or private, as specifically defined or described in any such provision. (F) This section is not to be construed so as to modify or abridge the state law set out in the California Civil Code relative to nuisances, but rather it is only to be utilized in the interpretation, enforcement, and implementation of the provisions of the Municipal Code. (G) The Planning Director shall cause the following notice to be recorded in the Office of the County Recorder for any prezoning application process under § 10-3.1501 of this code, and may require such notice to be recorded for any subdivision proposed under § 10-2.101 of this code for land within 300 feet of land zoned for agricultural uses or in agricultural operation:
"The undersigned in consideration of the approval of a land use development application by the City of Madera, do hereby covenant and agree with the City of Madera's declared policy to preserve, protect, and encourage development and continued operation of its agricultural lands consistent with California Civil Code Section 3482.5 (agricultural activity not a nuisance). Said policy provides that no agricultural activity, operation, or facility, or appurtenances thereof, conducted or maintained for commercial purposes in the City or the unincorporated area of the County, and in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after the same has been in operation for more than one (1) year, if it was not a nuisance at the time it began. The term "agricultural activity, operation, or facility, or appurtenance thereof" includes, but is not limited to, the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural commodity, including timber, viticulture, apiculture, or horticulture, the raising of livestock, fur-bearing animals, fish, or poultry, and any practices performed by a farmer or on a farm as incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market. Residents of property in or near agricultural districts should be prepared to accept the inconveniences and discomfort associated with normal farm activities. This covenant shall run with the land and be binding upon all future owners, heirs, successors, and assigns to such property."
(H) The city may cause to be mailed to all property owners of real property within the city with the annual tax bill the following notice: "The City of Madera has declared it a policy to protect and encourage agricultural operations. If your property is located near an agricultural operation, you may at some times be subject to inconvenience or discomfort arising from agricultural operations. If conducted in a manner consistent with proper and accepted standards, said inconveniences and discomforts are hereby deemed not to constitute a nuisance for purposes of the Municipal Code." 34 (I) If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions or applications of the provisions of this chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are declared severable. § 10-3.419 TELECOMMUNICATION TOWERS, ANTENNAS AND STRUCTURES. (REPEALED)
(Ord. 698 C.S., passed 3-17-99)
Editor’s note:
§ This section, containing provisions regarding telecommunication towers, antennas and structures, was repealed by Ord. 998 C.S., passed 4-19-23(RESERVED). § 10-3.420 DESIGN AND DEVELOPMENT GUIDELINES.

The city shall adopt, and amend as needed, by resolution of the Planning Commission, Design and Development Guidelines consistent with the General Plan and the stated purpose of this chapter. § 10-3.421 INTERIM AGRICULTURAL.
(A) In all residential, commercial, and industrial zone districts in the city, when various factors combine to make the development of a property infeasible for a period of time anticipated to be in excess of five years, a use permit may be granted by the Planning Commission to allow for agricultural activities on an interim basis, until such time as development consistent with the underlying zone district becomes viable.
(B) INTERIM AGRICULTURE shall be defined as the tilling of the soil for the raising of grains, crops, orchards, horticulture and/or viticulture. Interim agriculture shall not include small livestock farming, dairying and/or animal husbandry, nor any other uses customarily incidental thereto such as slaughter houses, fertilizer yards, or rendering plants. (C) In order to approve a conditional use permit for interim agricultural activities, the Planning Commission must make the following findings:
(1) The establishment, maintenance, or operation of the interim agricultural use will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or general welfare of the city. (2) The interim agricultural use will not be detrimental or injurious to the infrastructure of the city.

Interim agriculture shall use techniques to maximize water efficiency and minimize erosion. All grading and/or excavation shall be compatible with the city’s Storm Drain Master Plan. (D) Applications for a conditional use permit for interim agricultural uses of land shall include the following information:
(1) A justification of necessity for interim agricultural use; (2) A total acreage calculation;
(3) A description of what crops will be grown and what their water usage will be; (4) A description of irrigation technique(s) to be implemented on the subject property; and (5) A plan for eventual conversion of the property to its planned use. (E) The Planning Commission may apply conditions of approval whenever necessary to ensure compatibility with surrounding land uses and compliance with § 10-3.421(C). 35 (F) Approval of a conditional use permit for interim agricultural uses of land shall be approved for an initial period of no more than five years. Extension of interim agricultural uses after the initial approval period shall require the approval of an application for amendment to the conditional use permit from the Planning Commission. Each approved extension shall not exceed a period of five years. § 10-3.422 EMERGENCY SHELTERS
§ 10-3.422 STANDARDS.

In additional to the development standards in the underlying zoning district, the following standards apply to emergency shelters and each emergency shelter shall comply with the standards set forth in this section. In the event of conflict between these standards and the underlying zoning district regulations, the provisions of this section shall apply. Nothing in this section modifies the requirements for approval of a religious facility as otherwise provided in this Code.
(A) Facility compliance with applicable state and local standards and requirements. (1) Federal, state and local licensing as required for any program incidental to the emergency shelter.
(B) Physical characteristics.
(1) Compliance with applicable state and local uniform housing and building code requirements. (2) The facility shall have on-site security during all hours when the shelter is open. (3) Facilities shall provide exterior lighting on pedestrian pathways and parking lot areas on the property. Lighting shall reflect away from residential areas and public streets. (4) Facilities shall provide secure areas for personal property. (C) Limited number of beds per facility. Emergency shelters shall not exceed 50 beds. (D) Limited terms of stay. The maximum term of staying at an emergency shelter is six months in a consecutive 12-month period.
(E) Parking. The emergency shelter shall provide on-site parking at a rate of two spaces per facility for staff plus one space per six occupants allowed at the maximum capacity. (F) Emergency shelter management. 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 and approval by the planning, inspections, and permitting department prior to operation of the emergency shelter. The plan shall include a floor plan that demonstrate compliance with the physical standards of this chapter. The operator of each emergency shelter shall annually submit the management plan to the planning, inspections and permitting department with updated information for review of the required management plan. The City Council may establish a fee by resolution, to cover the administrative cost of review of the required management plan.
36 § 10-3.423 SINGLE ROOM OCCUPANCY
Single Room Occupancy (SRO) facilities shall be developed and operated in compliance with the following standards:
(A) Living Unit Standards
(1) Maximum Occupancy. Each SRO living unit shall be designed to accommodate a maximum of two (2) persons.
(2) Unit Floor Area. An SRO living unit shall have at least one hundred fifty (150) square feet of floor area, excluding closet and bathroom. No individual unit may exceed four hundred (400) square feet.
(3) Minimum Width. An SRO of one (1) room shall not be less than twelve (12) feet in width. (4) Bathrooms. SRO units shall have individual bathrooms containing a sink, a toilet, and a shower or bath per Housing and Building Code requirements. Units may have only one (1) sink by the cooking area and may omit the bathroom sink. Each unit shall provide a minimum of one sink within the unit.
(B) Community Facility Standards
(1) Entrances. All SRO units shall be independently accessible from a single main entry, excluding emergency and other service support exits.
(2) Lobby/Meeting Area. Each SRO facility shall provide ample ground floor entry area that provides a central focus for tenant social interaction and meetings. The lobby/meeting area shall be designed to accommodate at least twenty-five (25) percent of the tenants at one (1) time using an average of fifteen (15) square feet per person and a minimum four hundred (400) square feet for up to fifty (50) SRO units, excluding janitorial storage, laundry facilities, and hallways. (3) Ground Floor Use. Ground floor area next to public rights-of-way shall be dedicated for public use such as lobby/meeting areas or resident-serving commercial uses. No SRO units shall be on the street level adjacent to public rights-of-way. If any SRO units are at ground level, they shall face into a private open area such as an interior courtyard. (C) Cooking Facilities. Cooking facilities shall be provided either in individual units or in a community kitchen. Where cooking is in individual SRO units, SRO units shall have a sink with hot and cold water; a counter with dedicated electrical outlets and a microwave oven or properly engineered cook top unit pursuant to Building Code requirements; a refrigerator; and cabinets for storage. Where cooking facilities are in a community kitchen, the community kitchen shall be a minimum of one hundred fifty (150) square feet and designed to provide a minimum of two (2) linear feet of counter space for fifty (50) percent of the maximum number of tenants.
(D) Management Plan. A management plan shall be submitted with the permit application for all SRO projects. At minimum, the management plan shall include the following:
(1) Security/Safety. Proposed security and safety features such as lighting, security cameras, defensible space, central access, and user surveillance; (2) Management Policies. Management policies including desk service, visitation rights, occupancy restrictions, and use of cooking appliance;
(3) Rental Procedures.
(4) Staffing and Services. Information regarding all support services, such as job referral and social programs;
(5) Maintenance. Maintenance provisions, including sidewalk cleaning and litter control, recycling programs, general upkeep, and the use of durable materials; and 37 (6) Facility Management.
(a) Ten or More Guests. The facility shall provide on-site management. The manager shall live on-site however the manager's unit shall not count as one of the 10 guests. (b) Less Than ten Guests. There shall be an on-site manager's office. The office shall be staffed for a minimum of six hours per day between the hours of 7 a.m. and 8 p.m., six days a week. The manager's hours shall be posted in a conspicuous location.

SITE PLAN REVIEW
§ 10-3.4.0101 PURPOSES.

The City Council declares that in order to insure that use and development of property in the city is in conformity with the intent and provisions of the zoning regulations of the city and other applicable provisions of the City Municipal Code and ordinances codified therein, review of proposed site plan developments by the Community Development Director or, as may be applicable, the Planning Commission, is necessary and desirable. More specifically, site plan review is necessary to insure that new, expanded, or changed uses of property are regulated to insure that structures, parking areas, walks, landscaping, street improvements, and other forms of development are properly related to the proposed sites and surrounding sites and structures, to prevent excessive grading of land and creation of drainage hazards, to prevent indiscriminate clearing of property and destruction of trees and shrubs of ornamental value, to avoid unsightly or hazardous site development and to encourage originality in site design and development in a manner which will enhance the physical appearance and attractiveness of the community. The site plan review process is intended to provide for expeditious review of environmental impact assessments as may be required by official policy of the city. The Community Development Director will be responsible for the coordination of the site plan review process with input from city department heads. It is the intent that the site plan review process be implemented with a cooperative spirit between project proponents and the city. Further, it is recognized that the size or nature of a project may necessitate a meeting of the project proponent, affected city department heads, and applicable review agencies to review the proposal. Where such a meeting would aid in the implementation of the process, the Community Development Director shall schedule the meeting and inform the affected parties at the earliest possible time. A project proponent may request such a meeting when it can be shown to benefit the expeditious processing of the project.
§ 10-3.4.0102 APPLICABILITY.

The provisions of this subchapter shall apply to all new, expanded, or changed uses of property which involve the construction or placement of new structures or buildings on the site, new uses which necessitate on-site improvements to comply with the provisions of the City Municipal Code, uses subject to a use permit, precise plans, variance, or any other particular zoning permits applicable to the proposed development.
§ 10-3.4.0103 APPLICATION REQUIREMENTS.

Site plan review shall be required of all new, expanded, or changed uses of property which involve construction or placement of new structures or building additions on the site or new uses which I -
I -
38 necessitate on-site improvements, including uses subject to a use permit, precise plan, or application for variances. Single-family and duplex structures and additions thereto not exceeding two units per parcel in R zones, minor accessory additions and structures and other uses for which administrative approval is authorized under the provisions of the City Municipal Code, provided the structures and uses meet all of the requirements of the City Municipal Code, are specifically exempt from site plan review. However, issuance of a building permit for single-family and duplex structures in residential and planned development zones, including, but not limited to additions which expand or intensify the residential use, such as secondary or second dwelling units, shall be subject to the standard street dedication and improvement requirements specified herein.
§ 10-3.4.0104 DRAWINGS TO BE SUBMITTED.
(A) The applicant shall submit sets of prints to the Planning Division of the Community Development Department as prescribed below. The applicant is encouraged to submit two sets of preliminary site plans for Planning Division review for completeness and accuracy prior to making formal application. For purposes of this chapter, site plan shall mean all plans pertinent to the development as prescribed below including but not limited to site plan, generalized landscape plan, and building elevations. Applicants will be notified of the status of the application at the earliest possible time to facilitate timely processing. (B) A submittal shall consist of the application form, filing fee, and eight complete sets of plans. Two additional sets of plans are required for projects which require review by the Planning Commission. A complete application shall consist of plans with all information required in this section, a completed application form and the filing fee. Incomplete applications will be returned to the applicant and will not be acted upon.
(C) Plans shall be drawn to scale and shall indicate clearly and with full dimensions, the following information:
(1) Project information.
(a) Project name; street address; Assessor's parcel number; (b) Name, address, phone number of applicant, property owner, and contact person; (c) Vicinity map;
(d) North arrow and scale;
(2) Lot or site dimensions;
(3) All existing and proposed buildings and structures, including location, size, lot coverage, height, proposed use;
(4) Location of all existing facilities, including pavement, curbs, gutters, sidewalks, utility lines, and existing street lights and fire hydrants within 100 feet of site; (5) Yards and space between buildings;
(6) Walls and fences, including location, height, and materials; (7) Trash receptacles and enclosures, including location, height, and materials; (8) Off-street parking and off-street loading, including location, dimensions of parking and loading areas, internal circulation pattern, plus a notation of the number of required and proposed spaces, including compact and handicapped parking spaces;
(9) Pedestrian, vehicular, and service ingress and egress to site and structures; (10) Generalized indication of size, height, and location of all signs; (11) Location and general nature and hooding devices of on-site lighting; (12) Street dedications and improvements on adjacent streets and alleys (detailed improvement plans shall be required at the building permit stage);
(13) Proposed on-site fire protection requirements, including stand pipes, hydrants, turnarounds, and the like;
39 (14) Location and size of landscaping areas with notations on use of mounds, berms, retention walls, and general type of plant materials to be used (a detailed landscape and irrigation plan shall be required at the building permit stage of the project);
(15) General indication of grades, direction of drainage flow, and drainage facilities (a detailed site grading and drainage plan shall be required at the building permit safe of the project); (16) Elevations of all sides of structure(s), notation of building and roofing materials, building heights;
(17) Such other data pertaining to site development as may be required by the Community Development Director to make the required findings.
§ 10-3.4.0105 REVIEW AND ACTION.
(A) Applications for site plan review which do not require action by the Planning Commission will be processed on a weekly basis. Complete applications received by 10:00 a.m. on Mondays will be processed and acted upon within eight working days. When the Monday is a holiday, submittals received by 10:00 a.m. on the preceding Friday will be processed in the stated time frame. The Community Development Director shall disperse plans to affected city departments and review agencies and coordinate the review process. On the eighth working day the Community Development Director shall notify the applicant in writing of approval, conditional approval, or disapproval of the application. The action of the Community Development Director Director shall be final unless appealed to the Planning Commission. The approved site plan, with any conditions shown thereon, or attached thereto, shall be dated and signed by the Community Development DirectorDirector, with one copy mailed to the applicant and one copy filed with the Buildings Official.
(B) Applications for which Planning Commission approval is required or for which a negative declaration is mandatory, shall be submitted no later than 10:00 a.m. 29 calendar days prior to a regularly scheduled meeting. Applicants must be present at the Planning Commission meeting unless other arrangements are made. Written notification of the action of the Planning Commission will be mailed to the applicant within three working days following the meeting. (C) Whenever required by the provisions of this chapter, or whenever deemed advisable by the Planning Commission or Community Development Director, a public hearing shall be held on an application. Public notice procedures shall be as follows:
(1) By one publication in a newspaper of general circulation in the city. Such notice shall state the name of the applicant, nature of the request, location of the property, the environmental determination, and the time and place of the action or hearing.
(2) Direct mailing to the owners and occupants of property located within 300 feet of the boundaries of the project site, as shown on the latest equalized assessment roll. (3) In addition, notice shall also be given by first class mail to any person who has filed a written request with the Community Development Department. Such a request may be submitted at any time during, the calendar year and shall apply for the balance of such calendar year. The city may impose a reasonable fee on persons requesting such notice for the purpose of recovering the cost of such mailing. (4) The public review period for the environmental determination (negative declaration) shall not be less than 21 calendar days (30 days if State Clearinghouse review is required). (54) Substantial compliance with these provisions shall be sufficient and a technical failure to comply shall not affect the validity of any action taken pursuant to the procedures set forth in this chapter. (D) While coordination of the review process is the responsibility of the Community Development Director, there may be circumstances, in the interest of expeditious review, where another department head may be requested to contact the project proponent regarding details of the site plan. § 10-3.4.0106 APPROVAL DETERMINATIONS.
40 Before approving a proposed site plan, the Directorthe Community Development Director shall determine that the proposed action is in compliance with all applicable provisions of the City Municipal Code, City General Plan, any applicable specific plans, all rules and regulations applicable to the proposed development, that facilities and improvements, vehicular and pedestrian ingress, egress, and internal circulation, location of structures, services, walls, landscaping, and drainage of the site are so arranged that traffic congestion is avoided, that pedestrian and vehicular safety and welfare are protected, that there will not be adverse effects on surrounding property, that proposed lighting is so arranged as to deflect the light away from adjoining properties or public streets and that adequate provision is made to reduce adverse or potentially adverse environmental impacts to acceptable levels. In making such determination the Community Development Director Director shall establish that approvals are consistent with established legislative policies relating to traffic safety, street dedications, street improvements, and environmental quality. In situations where a project could have adverse impacts on traffic or circulation outside the immediate project area, the Community Development Director Director, with input from City Department Heads, may find that additional improvements are required. § 10-3.4.0107 CONDITIONS OF APPROVAL.

In approving a site plan, the Community Development Director Director or Planning Commission shall state those conditions of approval necessary to protect the public health, safety, and general welfare. Such conditions may include, but are not limited to, consideration of the following:
(A) Special yards, spaces, and buffers;
(B) Fences and walls;
(C) Surfacing of parking areas and provisions for water drainage subject to city specifications; (D) Street dedications and improvements, subject to the provisions of § 10-3.4.0108 including service roads or alleys where applicable;
(E) Regulation of points of vehicular ingress and egress; (F) Regulation of signs, in accordance with the standards prescribed under Chapter 6 of this title; (G) Maintenance of grounds;
(H) Landscaping and maintenance thereof;
(I) Regulation of noise, vibration, odors, and other similar characteristics; (J) Measures necessary to eliminate or to effect mitigation to acceptable levels of adverse environmental impacts;
(K) Regulation of time for certain activities to be conducted on the site; (L) Time period within which the proposed use and/or improvement shall be completed; (M) A bond, deposit of money, recorded lien secured by deed of trust, or letter of credit for the completion of street improvements and other facilities, or for the removal of such use within a specified period of time, to assure conformance with the intent and purposes set forth in this title; (N) Periodic formal review of the project.
§ 10-3.4.0108 STREET DEDICATIONS AND IMPROVEMENTS.

Because of changes which may occur in the local neighborhood as the result of development requiring a site plan review and/or issuance of a building permit for single-family and duplex structures and additions not exceeding two units per parcel in residential and planned development zones, including, but not limited to additions which expand or intensify the residential use, such secondary or second dwelling units authorized under the provisions of the municipal code, including but not necessarily limited to increases in vehicular or pedestrian traffic generated by the development, changes in drainage conditions, utility service requirements, and other impacts that are determined by the Community Development Director Director to be the result of the project under consideration, the following dedications and 41 improvements may be deemed necessary by the Community Development Director Director and may be required as a condition to the approval of any site plan and the issuance of any building permit for any building projects subject to site plan review and/or issuance of a building permit for single-family and duplex structures and additions not exceeding two units per parcel in residential and planned development zones, including, but not limited to additions which expand or intensify the residential use, such as secondary or second dwelling units authorized under the provisions of the municipal code. (A) No building permit shall be issued for any building or structure to be erected, altered, expanded, or enlarged on any lot to the extent that the cost of such work exceeds 50% of the estimated current cost as determined by the Community Development Director Director to replace the present building or structure in kind, unless half of any right-of-way contiguous thereto has been dedicated and improvements to city standard specifications thereon have been provided for as provided in subsection § 10-3.4.0108(D) below. (B) Plan lines.
(1) Right-of-way dedications shall be made of all land necessary to widen an existing street or alley or create a new street made necessary by a development and shall be granted in accordance with adopted general, specific, or precise plans, plan lines, and the city's standard specifications for rights- of-way. If a conflict exists among plans, the adopted specific plan or plan line shall take precedence. (2) In the event official plan lines have not been established, the Community Development Director Director shall determine all street widths for dedication to protect the public interest, safety, and general welfare, provided, however, the applicant for the permit may appeal the determination of the Community Development Director Director in the manner provided in this subchapter. (C) Improvements.
(1) Street and alley right-of-way improvements adjacent to, or traversing, a development shall be improved to city standards including but not limited to pavement, curb, gutter, parkstrip, street trees and landscaping, sidewalk, street lights, fire hydrants, street signs, water, sewer, storm drainage and other utility lines and related appurtenances, driveway approaches, and handicap ramps. Such improvements are required on the principle that they are necessary because of the traffic, utility and other demands generated by the proposed development and the orderly development of the area. (2) Where it is found to be essential to the accommodation of storm drainage runoff and/or traffic generated by the project, improvement of all or part of rights-of-way abutting adjacent properties may be required in conjunction with the subject project with reimbursement provisions incorporated in conditions imposed.
(D) Improvement criteria.
(1) Projects which abut on an existing or new street where development is anticipated to occur on both sides of the street shall be required to provide all improvements for a ½ right-of-way width on the project's respective frontages. In the event that it is found by the Community Development Director Director or Planning Commission that the standard improvements do not provide sufficient pavement width for two travel lanes and a parking lane, the review body may require additional pavement width or posting for no on-street parking. This determination shall be based on the adequacy of on-site parking and adjacent land uses both existing and planned.
(2) Projects which encompass an existing or new street shall be required to provide all right- of-way improvements.
(3) Projects abutting a frontage street shall be required to provide all right-of-way improvements provided that some adjustment from standard improvements may be permitted when such improvements will compliment the overall development of the area and provide for safe vehicular and pedestrian circulation. Where median or parkstrips are required, the property owner shall be responsible for the maintenance thereof subject to provisions of a maintenance agreement. (4) Projects which abut upon or encompass major arterial streets shall be required to provide pavement improvements equivalent to a collector street as specified in subsections § 10-3.4.0108(D)(1), (D)(2), and (D)(3) above.
(5) Projects which abut upon or encompass an alley shall be required to provide all alley improvements to full width adjacent to the project site. 42 (E) All improvements shall be constructed to city standards existing at the time of the approval of the development plan and shall be installed at the time of the proposed development based upon improvement plans approved and encroachments permits obtained in connection with the issuance of a building permit.

Where it is determined by the Community Development Director Director that it is impractical to put in any or all improvements at the time of the development, an agreement to defer such improvements may be entered into in lieu thereof where it is found that the improvements are not immediately essential to the circulation pattern of the area, safe movement of vehicular and pedestrian traffic, drainage area runoff or other factors. When the deferral is granted the applicant shall enter into an agreement with the city which shall become a matter of record in a form approved by the City Attorney and which agreement shall constitute a lien on the property for the cost of the improvements. A deposit in the form of cash or letter of credit or performance bond in an amount equal to 100% of the estimated cost of improvements, as determined by the City Engineer may be required as a guarantee to the making of such improvements when necessary.
§ 10-3.4.0109 REIMBURSEMENT PROVISIONS.
(A) Each developer of property has the responsibility for improvement of not less than ½ of the rightof-way including city utility lines that abut a parcel. In the event the development necessitates extension of service lines or other right-of-way improvements beyond those immediately abutting the developing parcel, the cost of such improvements shall be reimbursable at the time of development of benefitting parcels which abut such improvements. An agreement for reimbursement must have been entered into with the city prior to occupancy of the structure(s) or use of the property unless written exception is given by the City Engineer.
(B) Property owners whose properties benefit from extension of city utility lines and other right-ofway improvements by other developers will be required to reimburse the cost of the improvements that have been installed along their right-of-way frontages at time of development of their property as determined by the City Engineer.
§ 10-3.4.0110 RELATIONSHIP TO ENVIRONMENTAL ASSESSMENT PROCEDURES. (A) A site plan approved pursuant to the provisions of this chapter shall be considered in relation to requirements of city policy governing the preparation of environmental impact assessments. It is the intent of this subchapter that an Environmental Impact Assessment (EIA) be made concurrently with, and as part of, the site plan review process, and that a site plan may be approved with conditions that will permit the applicable review body to find that the proposed project will not have a significant effect on the environment and that a negative declaration should be prepared. (B) Where it is determined that an Environmental Impact Report (EIR), if required by law, is required for a proposed project, action on a proposed site plan shall be deferred until such time as the EIR has been prepared and reviewed pursuant to provisions of the city's guidelines and state law. The Planning Commission and City Council shall, at the completion of the EIR review, attach such conditions to the approval of the site plan as in their judgment will mitigate or reduce to acceptable levels any of the environmental impacts identified during review of the EIR. The Planning Commission or City Council may deny a plan if it is found that such mitigation or reduction of environmental impacts is not feasible. § 10-3.4.0111 REVISIONS AMENDMENT OF APPROVED PLANS.
43 An applicant may request an amendment to an approved Site Plan Review after the final written decision is issued and the permit becomes effective. Amendments to an approved Site Plan Review shall be processed in accordance with section 10-3.417 (Amendments to Previously Approved Permits) Revisions by the applicant of an approved plan shall be presented to the Director in the manner required for drawings first submitted. Resubmittals shall be accompanied by the prescribed filing fee unless the revisions are determined by the Director to be of a minor nature. ('61 Code, § 10-3.4.0111) (Ord. 507 C.S., passed 10-19-88) § 10-3.4.0112 ACKNOWLEDGMENT AND ACCEPTANCE OF CONDITIONS.

Upon receipt of the approved copy of a site plan and prior to applications for a building permit, the applicant/owner shall execute an acknowledgment and acceptance of the terms and conditions of the site plan and an agreement with the city certifying such acceptance and agreement to be bound thereby. § 10-3.4.0113 BUILDING PERMIT.

In addition to such other matters required by law, applications for a building permit shall include three sets of plans including building, site, landscaping, irrigation, right-of-way improvements, grading, and drainage, as applicable, along with other information as may be required by the Building Official. Plans must reflect the conditions of site plan approval. Before a building permit shall be issued for any building, structure, or sign proposed as part of an approved site plan, the Community Development Director Director shall determine that the proposed building location, facilities, and improvements are in conformity with the approved site plan and all required dedications and agreements have been recorded. § 10-3.4.0114 LAPSE OF SITE PLAN APPROVAL.

A site plan approval shall be void one year following the date on which approval by the Community Development Director, Planning Commission, or City Council became effective unless, prior to the expiration of one year, a building permit is issued by the Building Official and construction is commenced and diligently pursued toward completion of the site or structures which were the subject of the site plan. Approval may be extended for one year periods of time, upon written application to the Community Development Director Director before expiration of the approval. § 10-3.4.0115. OCCUPANCY.

Before any building, structure, or use that is subject to site plan review may be occupied, both the Building Official (for on-site improvements) and the City Engineer (for off-site improvements) shall have certified that all required improvements have been completed. Under special circumstances of hardship or conditions beyond the control of the applicant/developer, additional time may be granted by the applicable official for completion of required improvements provided that the following provisions are met:
(A) The total time extension does not exceed six months. (B) The site, use, and circulation system, both on and off-site are functional, and the temporary lack of such improvements is not detrimental to the health and safety of occupants, the general public, or the surrounding area.
(C) An agreement is entered into with the city and if deemed necessary, recorded. (D) The agreement is secured by either cash deposited with the city, cash deposited in irrevocable escrow approved by the City Attorney, or other financial security approved by the City Attorney as the 44 equivalent thereof. Such security shall be in the amount of 100% of the estimated cost of completion as determined by the Building Official in the case of on-site improvements and the City Engineer in the case of off-site improvements. In the event such work is not completed within the period provided, the city shall be authorized to take all necessary action to enforce the agreement, including the use of the security to cause the completion of all required improvements. Monies deposited with the city or in escrow may be partially released to the depositor by the Building Official in the case of on-site improvements and the City Engineer in the case of off-site improvements during the progress of the work, so long as the same ratio of security is maintained on the deposit to secure all uncompleted work. § 10-3.4.0116 APPEAL TO THE PLANNING COMMISSION.
(A) Within ten calendar days following the date of a decision by the Community Development Director, the decision may be appealed in writing to the Planning Commission by the applicant or any other interested party. Such an appeal shall be filed with the Community Development Director Director and shall state specifically wherein it is claimed that there was an error or abuse of discretion by the Community Development Director Director or wherein the decision is not supported by evidence in the record. Appeals shall be accompanied by an appeal fee as prescribed by Resolution of the City Council.

The appeal fee shall be refunded if the appeal is granted by the Planning Commission. Additional copies of the plans may be required by the Community Development Director Director. (B) The Community Development Director shall give notice to the applicant and to the appellant (if the appellant is not the applicant) of the date, time, and place the appeal will be considered by the Planning Commission.
(C) The Planning Commission shall hear the appeal at its next regular meeting to be held not earlier than 14 calendar days after the filing of the appeal. The Commission may affirm, modify, or reverse a decision of the Community Development Director Director, provided that if the decision is modified or reversed, the Commission shall, on the basis of the record and such additional evidence as may be submitted, make the applicable findings prerequisite to the approval of a site plan as prescribed in § 10-

3.4.0106 of this subchapter. The decision of the Commission shall be final unless appealed to the City Council.
§ 10-3.4.0117 APPEAL TO THE CITY COUNCIL.
(A) Within ten calendar days following the date of a decision of the Planning Commission on a site plan application, the decision may be appealed to the City Council by the applicant or any other interested party. Such an appeal shall be filed with the City Clerk and shall state specifically wherein it is claimed that there was an error or abuse of discretion by the Commission or wherein its decision is not supported by evidence in the record and shall be accompanied by the appeal fee as prescribed by Resolution of the City Council.
(B) Within five days of the filing of an appeal, the Community Development Director Director shall transmit to the City Clerk the drawings of the site plan and all other data filed therewith, the findings of the Planning Commission, and its decision on the application for review and action. The Community Development Director Director may require submittal of additional copies of the plans by the applicant. (C) The City Clerk shall give notice to the applicant and to the appellant (if the applicant is not the appellant) of the time, date, and place when the appeal will be considered by the City Council. (D The City Council shall hear the appeal and consider the matter de novo based on the requirements for a site plan prescribed in § 10-3.4.0106 of this subchapter) The City Council shall hear the appeal at its next regular meeting held not less than seven calendar days after the filing of the appeal. The City Council may affirm, reverse, or modify a decision of the Planning Commission, provided that if a decision is modified or reversed, the City Council shall, on the basis of the record transmitted and such 45 additional evidence as may be submitted, make the applicable findings prerequisite to the approval of a site plan as prescribed in § 10-3.4.0106 of this subchapter. (E) The decision of the City Council on the site plan shall become effective immediately and shall be finalA site plan which has been the subject of an appeal to the City Council shall become effective immediately following the date on which the site plan is affirmed or modified by the City Council.

PLANNED DEVELOPMENT ZONES
§ 10-3-4.101 P-D ZONES.
(A) The purpose of the P-D zones is to authorize and regulate density of condominiums, cooperatives, planned developments, and other residential subdivisions. The district is intended to allow use of special design criteria for maximum utility of the site and to allow maximum design flexibility within the density limitations provided in § 10-3-4.102 of the subchapter. (B) Special residential developments such as clustering and density transfers are encouraged, and variations from normal zoning standards may be considered, such as zero side yard and common wall developments. Through the Planned Development process, special residential design standards may be established which regulate the subdivision rather than the typical residential standards of the Municipal Code.
(C) All developments in P-D zones are subject to the provisions of Chapters 2 and 3 of Title 10 of the City Municipal Code. As such, any subdivision in the P-D zone requiring public maintenance shall also be subject to the City's Standard Specifications, with modifications to be approved only by action of the City Council.
§ 10-3-4.102 DENSITY.

The maximum density shall be determined by a sub-designation permitting one residential unit per square footage of site area exclusive of streets and public and private rights-of-way as determined by the Planning Director as follows:

Density
Density
P-D (1500)
One unit for each 1,500 square feet of site area.

P-D (2000)
One unit for each 2,000 square feet of site area.

P-D (3000)
One unit for each 3,000 square feet of site area.

P-D (4500)
One unit for each 4,500 square feet of site area.

P-D (6000)
One unit for each 6,000 square feet of site area.

P-D (8000)
One unit for each 8,000 square feet of site area.

P-D(12000)
One unit for each 12,000 square feet of site area.
46 § 10-3-4.103 PLANNING COMMISSION APPROVAL.
(A) No construction, grading, or new development activity shall commence in any P-D Zone prior to the approval of a precise plan of the development by the Planning Commission. The precise plan shall be processed under the provisions for use permits as set forth in MMC § 10-3.13. (B) Any precise plan approved in conjunction with a residential subdivision shall remain valid only while the approved tentative map remains valid. Once the subdivision map is recorded, the precise plan shall remain valid until such time that it is amended or repealed. (C) All other precise plans approved by the Planning Commission as provided herein shall be utilized within 12 months after the effective date of its approval. Failure to utilize such approval within such 12- month period shall render the permit null and void unless a written request for extension is submitted to the Planning Commission prior to the expiration of the permit. The Planning Commission shall review the request, and may grant or conditionally grant an extension as it deems appropriate. § 10-3-4.104 PRECISE PLAN APPLICATION.

A precise plan application for development in a P-D district shall include:
(A) A boundary map and complete legal description of the property. (B) The gross land area of the development and the location of all existing easements, structures, and improvements on the property.
(C) A plot plan showing to scale the following details:
(1) Location and use proposed for each existing and proposed structure in the development, the number of stories, gross building area, and approximate location of entrances. (2) All existing and proposed driveway approaches, driving lanes, parking areas, and loading and service areas.
(3) All pedestrian walks and open areas for the use of the occupants of the proposed development. (4) A detailed plan for the landscaping of the development including the location and height of all proposed walls, fences, and screen planting and a statement setting forth the method by which they will be preserved and maintained.
(5) The location of hydrants, utilities, drainage facilities, and recreation facilities. (6) All existing and proposed easements.
(7) Elevations or architectural renderings of the project to indicate architecture and materials of construction.
(D) Such additional data as may be required by the Director of Planning. § 10-3-4.105 (RESERVED)
§ 10-3-4.106 OPEN SPACE.

For each residential unit in a planned residential development there shall be provided a minimum 750 square feet of open space exclusive of drives and off-street parking areas. § 10-3-4.107 YARD ENCROACHMENTS.

Unless special standards are established through approval of the Precise Plan, the provision of § 10-

3.411, Yard Encroachments, shall apply to all residential projects containing single family dwellings on individual lots.
47 ADMINISTRATIVE PLAN REVIEW
§ 10-3-4.201 PURPOSE
The purpose of this section is to define the procedures for review and approval of permitted uses and associated site development. This section establishes a ministerial review process to facilitate permitted uses considered minor in nature and those uses required to be approved through a ministerial permit process while allowing the City to ensure conformance with all applicable local standards, ordinances, and other applicable plans and policies.
§ 10-3-4.202 APPLICABILITY
An Administrative Plan Review is required prior to establishment of any permitted use indicated as approved under an Administrative Plan Review within the zone districts established in this chapter. § 10-3-4.203 APPLICATION REQUIREMENTS
(A) Application Filing and Processing. Applications for a Administrative Plan Review shall be filed and processed in accordance with the applicable procedures:
(1) Applications for Administrative Plan Review must be submitted in writing to the Planning Director along with any applicable fees.
§ 10-3-4.204 REVIEW AND ACTION
(A) Applications for a Administrative Plan Review shall be reviewed and approved by the Planning Director. As the approving authority, the Director is authorized to approve, alter, or deny an application for a Administrative Plan Review.
(B) In approving an application for a Administrative Plan Review, the approving authority may impose reasonable and appropriate standards to achieve the purposes of this title, ensure consistency with the goals and policies of the adopted General Plan and any applicable specific plan, and justify making the necessary findings.
§ 10-3-4.205 APPROVAL FINDINGS
Prior to approving an application for a Administrative Plan Review, the Director shall make all the following findings:
(A) The proposed project is consistent with the adopted General Plan and any applicable specific plan.
(B) The proposed project meets all applicable standards for development and provisions of this tTitle. § 10-3-4.206 NOTICE OF DECISION
A written notice of decision on the Administrative Plan Review shall be provided within three business days of the date of decision to the applicant and any interested party having specifically requested such 48 notices of the specific action in writing. The notice of decision shall include:
(A) The application request as acted upon by the approving authority. (B) The action taken by the approving authority.
(C) Findings for the permit
§ 10-3-4.207 APPEALS
The Director’s decision on Administrative Plan Reviews are not subject to appeal and shall immediately be final.
§ 10-3-4.208 LAPSE OF APPROVAL & EXTENSIONS
Approval of an Administrative Plan Review shall be void within two years following the date on which approval by the Planning Director became effective unless, prior to the expiration, a building permit is issued by the Building Official and construction is commenced and diligently pursued toward completion of the site or structures which were the subject of the site plan. Approval may be extended for one year periods of time, upon written application to the Director before expiration of the approval. § 10-3-4.209 AMENDMENTS
An applicant may request an amendment to an approved Administrative Plan Review after the final written decision is issued and the permit becomes effective. Amendments to an approved Administrative Plan Review shall be processed in accordance with section 10-3.417 (Amendments to Previously Approved Permits)ENVIRONMENTAL REVIEW
§ 10-3-4.301

RESIDENTIAL ZONES
§ 10-3.501 R ZONES; PURPOSE AND APPLICATION.

To provide specific areas in the city where residential developments of varying densities may be developed as specified in the land use element of the General Plan. To promote and encourage a suitable living environment; to provide space for community facilities needed to complement urban residential areas and for institutions compatible with a residential environment; to promote the orderly flow of residential traffic and restrict commercial and industrial traffic in residential areas; to provide the opportunity for suitable housing at affordable prices for all segments of the community. The standards contained within this article shall apply except as otherwise explicitly required by State law. § 10-3.502 R; PERMITTED USESDENSITY.

The maximum density shall be fixed by a sub-designation as follows:
(A) R(A). One unit for each 12,000 square feet of site area. (B) R(1). One unit for each 6,000 square feet of site area. (C) R(2). One unit for each 3,000 square feet of site area. (D) R(3). One unit for each 1,800 square feet of site area. ('61 Code, § 10-3.503) (Ord. 380 C.S., passed 9-21-81; Am. Ord. 607 C.S., passed 12-15-93) § 10-3.504 R; PERMITTED USES;USES ALLOWED WITH ADMINISTRATIVE APPROVAL. (A) Subject to obtaining an administrativean Administrative Plan Review approval thereof, the following uses shall also be permitted:
(1) 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.
(2) Accessory dwelling units and junior accessory dwelling units subject to the standards contained in § 10-3.513.
(3) Manufactured housing.
(4) Multiple single family dwelling units on the same R-1 zoned lot subject to the standards contained in § 10-3.512.
(5) One level Duplexes, triplexes, townhomes not exceeding four units, cottage housing not exceeding four units, fourplexes, and sixplexes.
(6) Stacked duplexes (4 units), stacked triplexes (6 units), stacked townhomes not exceeding 8 units, and stacked fourplexes (8 units).
(7) Home occupations.
(8) Foster homes, rehabilitation facilities, day care centers, and other related facilities which provide housing for six or fewer unrelated persons.
(9) Accessory uses and buildings normally incidental to any of the permitted or conditionally permitted uses. This provision shall not be construed as permitting any commercial use or occupation other than those specifically listed.
(10) Supportive Housing.
(11) Transitional Housing.
(12) Mobile homes.
50 § 10-3.504.1 R; USES ALLOWED WITH ZONING ADMINISTRATOR'S PERMIT. (A) The following uses shall be permitted subject to the approval by the Zoning Administrator:
(1) Accessory dwelling units and junior accessory dwelling units subject to the standards contained in § 10-3.513.
(2) Manufactured housing.
(3) Home occupations (appealed).
(4) Gas and electric transmission lines, electrical transmission and distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations, and elevated pressure tanks.
(B) Other approvals as per Zoning Administrative Code Section. (Ord. 690 C.S., passed 8-5-98; Am. Ord. 949 C.S., passed 12-6-17) § 10-3.505 R; CONDITIONAL USES; COMMISSION APPROVAL.
(A) The following uses are allowed subject to obtaining approval of a Use Permit from the Planning Commission:
(1) Private non-profit schools and colleges; churches, parsonages, and other religious institutions. (2) Foster homes, rehabilitation facilities, and other related facilities which provide housing for more than six unrelated persons.
(3) Private clubs and lodges.
(4) On-site parking for commercial vehicles exceeding two-ton capacity.. (5) Multiple single family dwelling units on the same R-1 zoned lot subject to the standards contained in § 10-3.512.
(56) Large family day care homes as defined in and subject to the standards contained in § 10-

3.1312.
(B) The following uses are permitted only in the R-3 zone and are subject to first securing a use permit in each case:
(1) Hotels, motels, rooming or boarding houses, bungalow courts, and dwelling groups. (2) Professional offices.
(3) Community centers, social halls, lodges, clubs, cemeteries, and their appurtenant uses. (4) Rest homes and convalescent hospitals.
§ 10-3.506 R; FENCES, WALLS, AND HEDGES.

Fences, walls, and continuous hedges will be limited as follows:
(A) A maximum height of six (6') feet in any rear or interior side yard exclusive of the front setback area.
(B) A maximum height of three (3') feet in any front or street side yard setback area, except that, subject to the approval of the Community Development Director/City Engineer, a six (6') foot fence may be erected on the street side yard property line of any fifty (50') foot wide corner lot located in the R.

Residential Zone, which is situated adjacent to an eighty (80') foot City right-of-way designated as a Local Street on the General Plan. These approvals shall take into consideration site distance requirements adjacent to alleys and where driveways cross the street side yard property line. (C) A maximum height of six (6') feet to within ten (10') feet of any exterior side property line, exclusive of the front setback. The Community Development Director/City Engineer may grant approval of an encroachment permit for construction of a fence higher than three (3') feet within the required street side yard setback area subject to the following standards:
(1) The maximum height shall not exceed six (6') feet in any street side yard area to within twentyfive (25) feet of the front property line, or projection thereof. 51 (2) No encroachment permit shall be approved for corner lots with an alley along the rear property line (ten (10') foot setback required).
(3) No encroachment permit shall be approved for corner lots adjacent to a street along the rear property line (ten (10') foot setback required).
(4) Encroachment permits shall take into account sight distance requirements in reverse corner lot situations, where driveway approaches on adjacent lots may be near the rear property line. (5) Fences along a residential access street (fifty (50') foot right-of-way) shall be set back a minimum of five (5') feet from the exterior side property line. (6) Design criteria for fences constructed along street side yard property lines shall be as follows (not applicable for fences constructed in accordance with building setback standards except as required in § 10-3.506(C)(5)(d)):
(a) All fences shall be masonry, wrought iron, solid wood, or a combination thereof. (b) Wood shall be of cedar quality or better and all wood surfaces are to be treated with waterproofing. All posts shall be set in concrete.
(c) Unless the standard setback of ten (10') feet is utilized, all fences along collector streets shall be masonry.
(d) All fences constructed along arterial streets, regardless of setbacks, shall be masonry. (e) Fence construction along any rear property line adjacent to a Collector or Arterial Street shall be masonry.
(f) Construction of fencing along all designated Collector and Arterial Streets is mandatory.

Installation shall be required in conjunction with building permits issued for adjoining lots, and completion required prior to the granting of final occupancy on the permit. (g) The design criteria for construction of fences along Collector and Arterial Streets shall not apply to any subdivision recorded prior to December 18, 1991, the effective date of Ordinance 580 C.S. (h) The Planning Commission may grant exceptions on a subdivision-wide basis to the masonry wall requirements along Collector and Arterial Streets specified in this section. (D) The Planning Commission may approve encroachments into the ten foot (10') street side yard setback not authorized by the Community Development Director/City Engineer, subject to the provisions of the Building Code and City Standards. The Planning Commission may permit a greater height not to exceed a maximum height of eight feet (8') for that portion of a yard to the rear of the front forty feet (40') upon a determination that a greater height will not be detrimental to the public welfare or to abutting property. The Planning Commission may also require the installation of masonry block walls higher than eight feet (8') for the purpose of mitigating noise impacts in conjunction with new residential development. The requirements shall be established as a condition of approval for Tentative Subdivision Maps in conjunction with an acoustical analysis prepared by a qualified independent consultant. § 10-3.507 R; MINIMUM SITE AREA AND DIMENSIONS.

Each lot shall be no less than 80 feet in depth. Each interior lot shall have a minimum width of 50 feet.

Each corner lot shall have a minimum width of 60 feet. The width of any lot fronting on a cul-de-sac on the radius of a curve shall be measured at the building setback line. The minimum site area for creation of new lots in a Residential Zone shall be 65,000 square feet for interior lots, and 56,500 square feet for corner lots.
§ 10-3.508 R; YARD REQUIREMENTS.

Except as provided for in subsection § 10-3.508(E) below, the following yard requirements shall be met:
(A) Front yards. No building shall be constructed nearer than 15 feet to the front property line, however in no case shall garages with doors facing the street or carports be set back less than 20 feet. 52 (B) Interior side yards. The minimum setback for any required interior side yard shall be not less than five feet provided the Planning Commission may approve encroachment into the five foot setback subject to the provisions of the Building Code.
(C) Exterior side yards. The required exterior side yard shall be not less than ten feet. Garages or carports facing an exterior side yard shall be not less than 20 feet from the property line. (D) Rear yards. Rear yards shall be provided as follows:
(1) Fifteen feet where windows face the rear property line plus five feet per story for each story over two stories.
(2) Ten feet where no windows face the rear property line. (3) In R-3 zones, the rear yard need not exceed ten feet except where the rear property line abuts an R or PD zone, in which case subsections § 10-3.508(D)(1) and (2) above shall apply. (4) Where the rear property line abuts an alley, the setback shall be measured to the centerline of the alley. Parking spaces which utilize the alley for access must be set back seven feet to provide a 27-foot backup distance.
(E) Within multiple family projects of three or more units, the setback for any two-story building or structure from any property line immediately adjacent to an existing or planned single-family dwelling or low density project or any R-1 zone shall be 15 feet. The setback for any three-story structure shall be 25 feet plus five feet for each additional story over three. The Site Plan Review process shall also take the following factors into consideration:
(1) The relationship of second-story windows, doors, exterior stairways, exterior balconies, sun decks, and the like, with the privacy of the adjoining property. (2) The relationship of building mass with the neighbors use and enjoyment of their yard areas. (3) The relationship of building mass with the neighbor's accessories such as solar collectors and satellite antennas.
(F) Units on the same lot.
(1) Distances between dwelling units on the same lot shall be as follows:
(a) Units side to side shall be 10 feet.
(b) Units front to back shall be 25 feet.
(c) Units back to back shall be 20 feet.
(d) Units front to side shall be 20 feet.
(2) Exceptions to this setback requirement may be granted through a use permit approved by the Planning Commission.
§ 10-3.509 R; MINIMUM OPEN SPACE.
(A) R; minimum open space.
(1) Minimum useable open space for each individual unit shall be provided for each dwelling unit as follows:

R-Minimum Open Space
R(A)
2,000 square feet
R(1)
1,000 square feet
R(2)
750 square feet
R(3)
500 square feet
53 (2) To qualify as useable private open space the minimum dimension must be ten feet, provided, however, that balconies can qualify when the minimum dimension is five feet. Required off- street parking areas (spaces and driveways) may not be used in calculating required open space, and only a maximum of 50% of required yard areas under § 10-3.508 (A), (B), (C), and (D) may be used in calculating required open space.
(B) Projects of 50 or more units shall provide one or more amenities as a part of the main recreation area, including, but not limited to, the following: swimming pool, tennis court, putting green, lawn bowling, tot lot, or outdoor cooking facilities or barbecues. (C) All outdoor common recreational areas, except community gardens, shall be landscaped with lawn, trees, shrubs, or other plant materials and shall be permanently maintained in a neat and orderly manner. (D) Floor area.
(1) In addition to the minimum open space requirements above, buildings located on a lot in an R-1 Zone shall not exceed a cumulative floor area of 1,400 square feet plus 20% of the site area on which those building are located.
(2) For the purpose of the section, FLOOR AREAfloor area shall mean the area of all floors and levels enclosed by exterior walls by more than 50% and that part of any upper level separated from the lower level by a floor/ceiling assemble, but shall not include basements, and up to 400 square feet of garage area.
§ 10-3.510 R; BUILDING HEIGHT.
(A) Maximum height of buildings shall be as follows:

R(A), R(1), R(2) 35 feet
R(3) 50 feet
Accessory buildings 15 feet
(B) To conform zoning with General Plan policies a zoning designation a (HL) may be placed on any R designated district indicating a height limitation of 20 feet. § 10-3.511 PARKING ON UNPAVED SURFACES PROHIBITED.
(A) No person shall keep, store or park any trailer, boat, motorcycle or motor vehicle on any portion of a front yard or corner lot side yard of a property designed or used as a residence, except on an area that is paved with either asphalt, concrete, gravel or similar substance. (B) No owner, tenant, manager, or occupant of property designed or used as a residence shall allow or suffer another person to keep, store or park any trailer, boat or motor vehicle on any portion of a front yard or corner lot side yard of a property, except on an area that is paved with either asphalt, concrete, gravel, or similar substance.
(C) Parking upon the lawn area or area intended for landscaping is prohibited. (D) The first violation of any provision of this section is an infraction and is punishable by a fine not exceeding $75. A second violation within one calendar year of the first shall be punishable by a fine not exceeding $200. A third and each subsequent violation within one calendar year of the first, shall be punishable by a fine not to exceed $500.
§ 10-3.512 MULTIPLE SINGLE-FAMILY DWELLING UNITS.

Multiple single family dwelling units on the same R-1 zoned lot may be allowed through approval of a use permitAdministrative Plan Review subject to the following standards:
54 (A) All dwelling units shall conform to the parking, height, open space, lot coverage, and setback requirements of the R-1 zone, along with other requirements of the zoning code and other applicable city codes.
(B) In addition to the 6,000 square foot minimum site area for the primary residence, an extra 8,000 square feet shall be required for each subsequent single-family residence. (C) Multiple single-family dwelling units shall be subject to the additional setback/height restriction of five extra feet of rear and side yard area for each story over one. (DB) The remaining single-family unit(s) may be for rental purposes, but no unit may be sold separately.
(CE) The single-family dwelling units shall provide separate, independent living quarters for only one family.
(DF) Utilities.
(1) All units shall have completely separate utilities, such as sewer, water, gas, and garbage. (2) All utilities shall be adequate to serve all residential units. (3) No unit shall be located over underground utilities serving any other unit. § 10-3.513 ACCESSORY DWELLING UNITS.

Accessory dwelling units shall comply with the requirements of this section. (A) (A) For the purposes of this chapter, the following definitions shall apply:

ACCESSORY DWELLING UNIT. An attached or detached dwelling unit that provides complete independent living facilities on the samea parcel was a legal single family residenceith a proposed or existing primary residence, including permanent provisions for living, sleeping, eating, cooking and sanitation. An accessory dwelling unit may be located within the living space of an existing primary single-family residence, may be an efficiency dwelling as defined in § 17958.1 of the Cal. Health and Safety Code, and may be a manufactured home, as defined in § 18007 of the Cal. Health and Safety Code. Accessory dwelling units are not accessory uses as defined in this section.

JUNIOR ACCESSORY DWELLING UNIT. A unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure, and utilizing an existing bedroom, and containing an efficiency kitchen. A JUNIOR ACCESSORY DWELLING UNIT may include separate sanitation facilities, or may share sanitation facilities with the existing structure. (B) (B) Purpose
. The provisions of this section are intended to set standards, in compliance with Cal. Gov’t Code §§ 66310- 6634265582.1, 65852.2, and 65852.22, for the development of accessory dwelling units so as to increase the supply of smaller and affordable housing while ensuring that such housing remains compatible with the existing neighborhood. It is not the intent of this chapter to override lawful use restrictions as set forth in Conditions, Covenants and Restrictions. (C) (C) Applicability
Any construction, establishment, alteration, enlargement, or modification of an accessory dwelling unit shall comply with the requirements of this chapter and the City’s Building and Fire Codes. For purposes of this chapter, accessory dwelling units include detached, attached, conversion, and junior accessory dwelling units.
(D) General requirements. An accessory dwelling unitDevelopment and Operational Standards:

The following standards shall apply to detached accessory dwelling units, attached accessory dwelling units, conversion accessory dwelling units, and junior accessory dwelling units ----
55 (1) (1) May be located on any R (Residential) Zone District lot that allows single-family or multifamily dwellings and that contains only one single-family detached dwellingDevelopment standards;
(a) Foundation. A permanent foundation shall be required for all accessory dwelling units.
(b) Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(c) Access. Every accessory dwelling unit shall have direct exterior access independent of the exterior access of the primary dwelling. (d) Design. Accessory dwelling units shall be compatible with the architectural style of the primary dwelling. No bare metal, unpainted or unfinished structures are allowed. To determine architectural compatibility, the accessory dwelling unit structure must possess at least three of the following traits in common with the primary dwelling on-site:

1. Wall covering materials.

2. Roofing material.

3. Roofing pitch.

4. Structural eaves.

5. Mass and scale of structure relative to structural height.

6. Window characteristics.

7. Decorative treatments.
(e) Manufactured and Tiny Homes. A manufactured home or a structure licensed and registered with the California Department of Motor Vehicles, meeting ANSI 119.2 or 119.5 requirements, is towable by a bumper hitch, frame-towing hitch, or fifth-wheel connection and which is a detached self-contained unit which includes basic functional areas that support normal daily routines such as cooking, sleeping, and toiletry; and is designed and built to look like a conventional building structure may be used as an accessory dwelling unit provided it meets the standards for new detached accessory dwelling units in this section.
(f) Fire Sprinklers. Fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary dwelling(s). The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in an existing single-family or multifamily dwelling.
(g) Utility Connection. All accessory dwelling units shall be connected to public utilities or their equivalent, including water, electric, and sewer services.

1. Except as noted in subsection (g)(ii) below, the City may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Government Code Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. 56 2. No separate connection between the accessory dwelling unit and the utility shall be required for units created within a single-family dwelling, unless the accessory dwelling unit is being constructed in connection with a new singlefamily dwelling (2) Occupancy and Conveyance Requirements
(a) Long-Term Rentals Only. Rental of the accessory dwelling unit created pursuant to this section shall be for a term longer than 30 days. (b) Sale and Conveyance. An accessory dwelling unit may be sold or conveyed separately from the primary residence to a qualified buyer if all the requirements of Government Code Section 66341 are met.
(2) May be located on any PD (Planned Development) Zone District lot wherein a Precise Plan allowing for the construction of accessory dwelling units has been approved. In all cases, the Precise Plan shall provide that only one accessory dwelling unit shall be permitted per parcel; (3) Is not subject to the density requirements of the General Plan, but shall otherwise be consistent with the General Plan's principles, goals and policies. (4) Shall not be allowed on, or adjacent to, real property that is listed in the California Register of Historic Places.
(5) Shall not be used for rentals with terms of less than 30 days. (6) Shall not be sold separate from the primary residence. (D) Permit requirements. An application for an accessory dwelling unit that complies with all applicable requirements of this section shall be approved ministerially. (E) (E) DETACHED ACCESSORY DWELLING UNITS
(1) Location. Detached accessory dwelling units must be accompanied by a proposed or existing single-family or multifamily dwelling. Detached accessory dwelling units may be located in an existing accessory structure.
(2) Maximum Number of Detached Accessory Dwelling Units (a) When accompanied by a proposed or existing single-family dwelling, the maximum number of detached accessory dwelling units shall be one. The detached accessory dwelling unit may be in addition to an existing or proposed attached accessory dwelling unit and an existing or proposed junior accessory dwelling unit. (b) Multi-family developments may have one detached accessory dwelling unit for each primary dwelling unit provided within an existing or proposed multifamily development, up to a maximum of eight detached accessory dwelling units. Primary dwelling units within an existing multifamily development shall exclude any unit created as a conversion accessory dwelling unit.
(c) Bonus accessory dwelling units may be allowed for lots zoned for single family residential uses pursuant to the requirements of Section 10-3.513(I). (3) Floor Area
57 (a) The minimum floor area shall be 150 square feet, or the equivalent of an efficiency unit, whichever is greater.
(b) When accompanied by an existing or proposed single-family dwelling, the maximum floor area shall be no more than 1,200 square feet. (c) When an existing accessory structure is converted to a detached accessory dwelling unit, the maximum square feet may exceed 1,200 square feet to an amount equal to the square footage of the existing accessory structure to be converted. (4) Minimum Setbacks. The minimum side, street side, and rear yard setback shall be 4 feet, except when converting or replacing an existing accessory structure that is less than 4 feet from the side, street side, or rear yard.
(5) Maximum Height. The maximum height of detached accessory dwelling units shall be as follows:
(a) For one story detached accessory dwelling units, the maximum height shall be 16 feet. Where the detached accessory dwelling unit is located within one-half mile walking distance of a transit stop or a transit corridor or with an existing or proposed multifamily dwelling of more than one story, the maximum height shall be 18 feet. (b) For two story detached accessory dwelling units, the maximum height shall be 25 feet.
(c) Height Exceptions.

1. An additional two feet in height shall be allowed to accommodate a roof pitch on an accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.

2. When an existing accessory structure is converted to a detached accessory dwelling unit, the maximum height may exceed the limits of Section 10-

3.513(E)(5) to an amount equal to the height of the existing accessory structure to be converted.
(6) Parking. One parking space shall be required for use by the detached accessory dwelling unit in addition to the minimum parking required for the primary single-family or multifamily dwelling(s). The surface of the parking space shall be improved and may be covered or uncovered.

No parking shall be required in any of the following circumstances:
(a) The detached accessory dwelling unit is located within one-half mile walking distance of public transit.
(b) The detached accessory dwelling unit is located within an architecturally and historically significant historic district.
(c) The detached accessory dwelling unit is converting an existing accessory structure. (d) On-street parking permits are required but not offered to the occupant of the detached accessory dwelling unit.
(e) There is a car share vehicle located within one quarter mile of the detached accessory dwelling unit.
(7) Development Standards. Detached accessory dwelling units shall comply with all applicable base zone district development standards, including lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, unless application of any one or more of these standards precludes construction of at least an 800 square foot detached accessory dwelling unit. (F) ATTACHED ACCESSORY DWELLING UNITS
58 (1) Location. Attached accessory dwelling units must be accompanied by a proposed or existing single-family or multifamily dwelling.
(2) Maximum Number of Attached Accessory Dwelling Units (a) When accompanied by a proposed or existing single-family dwelling, the maximum number of attached accessory dwelling units shall be one. The attached accessory dwelling unit may be in addition to an existing or proposed detached accessory dwelling unit and an existing or proposed junior accessory dwelling unit. (b) Bonus accessory dwelling units may be allowed for lots zoned for single family residential uses pursuant to the requirements of Section 10-3.513(I). (3) Floor Area
(a) The minimum floor area shall be 150 square feet, or the equivalent of an efficiency unit, whichever is greater.
(b) The maximum floor area shall be 50% of the primary dwelling unit floor area, or 1,200 square feet, whichever is greater.
(4) Minimum Setbacks. The minimum side, street side, and rear yard setback shall be 4 feet, except when converting or replacing an existing accessory structure that is less than 4 feet from the side, street side, or rear yard.
(5) Maximum Height. The maximum height of attached accessory dwelling units shall be two stories and 25 feet or the maximum height specified by the base zone district, whichever is lower. (6) Parking. No parking shall be required for the attached accessory dwelling unit. (7) Development Standards. Attached accessory dwelling units shall comply with all applicable base zone district development standards, including lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, unless application of any one or more of these standards precludes construction of at least an 800 square foot attached accessory dwelling unit. (G) CONVERSION ACCESSORY DWELLING UNITS
(1) Location. Conversion accessory dwelling units are permitted within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.
(1) Maximum Number of Conversion Accessory Dwelling Units. The maximum number of conversion accessory dwelling units allowed shall be no more than 25% of the number of existing or proposed multifamily units. However, in no case shall less than one conversion accessory dwelling unit be allowed.
(2) Floor Area
(a) The minimum floor area shall be 150 square feet, or the equivalent of an efficiency unit, whichever is greater.
(b) The maximum floor area shall be 50% of the primary dwelling unit floor area, or 1,200 square feet, whichever is greater.
(3) Minimum Setbacks. The minimum side, street side, and rear yard setback shall be 4 feet, except when converting or replacing an existing accessory structure that is less than 4 feet from the side, street side, or rear yard.
(4) Parking. No additional parking shall be required.
(H) JUNIOR ACCESSORY DWELLING UNITS
59 (1) Location. Junior accessory dwelling units must be accompanied by a proposed or existing single-family dwelling on a lot zoned for single-family use. A junior accessory dwelling unit must be located within the walls of the primary single-family dwelling, including but not limited to, an attached garage.
(2) Maximum Number of Junior Accessory Dwelling Units
(a) When accompanied by a proposed or existing single-family dwelling, the maximum number of junior accessory dwelling units shall be one. The junior accessory dwelling unit may be in addition to an existing or proposed detached accessory dwelling unit and an existing or proposed attached accessory dwelling unit. (b) Bonus accessory dwelling units may be allowed for lots zoned for single family residential uses pursuant to the requirements of Section 10-3.513(I). (3) Floor Area
(a) The minimum floor area shall be 150 square feet, or the equivalent of an efficiency unit, whichever is greater.
(b) The maximum floor area shall be 500 square feet.
(4) Parking. No parking shall be required for the junior accessory dwelling unit. (5) Exterior Access. Access shall be provided to the junior accessory dwelling unit independent from the primary dwelling.
(6) Sanitation Facilities. Sanitation facilities may be separate or shared with the primary dwelling. If shared with the primary dwelling, the junior accessory dwelling unit shall provide an interior entry to the living area of the primary dwelling, separate from the exterior access required to the junior accessory dwelling unit.
(7) Kitchen Features. An efficiency kitchen shall be provided, including the following minimum features:
(a) A cooktop, refrigerator, and compact sink. A removable hot plate may be considered a cooktop for purposes of this requirement. Appliances shall require no more than a 120-volt electrical connection.
(b) Food preparation counter space of a minimum 24 inches in width and a minimum of one food storage cabinet of a minimum 24 inches in width. (8) Occupancy. Owner-occupancy shall be required in either the remaining portion of the primary dwelling or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. (9) Deed Restriction. A deed restriction shall be recorded on the property which shall run with the land, and a copy of which shall be provided to the planning department. The deed restriction shall include both of the following:
(a) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family dwelling, including a statement that the deed restriction may be enforced against future purchasers.
(b) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.
(I) BONUS ACCESSORY DWELLING UNITS
(1) Accessory Dwelling Unit Bonus for Affordable Accessory Dwelling Units. (a) One additional accessory dwelling unit shall be permitted for every accessory dwelling unit on a lot zoned for single family residential that is set aside as affordable to 60 very low income and low income households for a period of not less than 10 years, or as affordable to moderate income households for a period of not less than 15 years, guaranteed through a written agreement and a deed of trust securing the agreement, entered into by the applicant and the Director.

1. In no case shall the total number of primary dwelling and accessory dwelling units (including attached, detached, and junior accessory dwelling units) exceed eight on any given lot zoned for single-family residential uses.

2. Very low income shall mean 30 percent to 50 percent of the Area Median Income.

3. Low income shall mean 50 percent to 80 percent of the Area Median Income.

4. Moderate income shall mean 80 percent to 120 percent of the Area Median Income.
(2) Accessory Dwelling Unit Bonus for Accessible Accessory Dwelling Units. (a) For development utilizing the accessory dwelling unit bonus for affordable accessory dwelling units in accordance with section 10-3.513(I), a maximum of one additional accessible accessory dwelling unit shall be permitted if the development includes:

1. At least two accessory dwelling units are deed restricted in accordance with section 10-3.513(I).

2. The accessible accessory dwelling unit shall comply with the following:
a. Accessibility requirements in Chapter 11A of the California Building Code, including at least one accessible bathroom, one accessible kitchen, and one accessible bedroom; and
b. The accessible accessory dwelling unit shall be located on an accessible route, as defined by the California Building Code. (G)(J) APPLICATION AND PROCESSING REQUIREMENTS.
(1) (1) Step one-Applications for accessory dwelling units shall be processed in accordance with section 10-3-4.201 et. seq. Application submittal. An application for a Ministerial Review Approval Zoning Administrator Permit to allow for an accessory dwelling unit shall be submitted to the Planning Department concurrent with an application for a building permit. In addition to the standard submittal requirements for a building permit, an application for a Zoning AdministratorMinisterial Review Permit Approval to allow for an accessory dwelling unit shall include all of the following: (except as noted in subsection (1)(i) below):
a. (a) Plot plan. A plot plan, drawn to scale, showing the dimensions of the perimeter of the parcel proposed for the accessory dwelling unit; the location and dimensioned setbacks of all existing and proposed structures on the site and structures located within 50 feet of the site; all easements, building envelopes, and special requirements of the subdivision as shown on the Final Map and improvement plans, if any; and average slope calculations for the site.
b. (b) Floor plan. A floor plan, drawn to scale, showing the dimensions of each room, and the resulting floor area. The use of each room shall be identified, and the size and location of all windows and doors shall be clearly shown. 61 c. (c) Elevations. Architectural elevations of each side of the proposed structure showing all openings, exterior finishes, original and finish grades, stepped footing outline, and roof pitch.
d. (d) Materials and color board. A materials and color board for the existing residence and the proposed second dwelling unit.
e. (e) Cross sections. Building cross sections including structural wall elements, roof, foundation, fireplace and any other sections necessary to illustrate earth-to-wood clearances and floor to ceiling heights.
f. (f) Photographs. Color photographs of the site and adjacent properties, taken from each property line of the site, to show the project site and adjacent sites. Label each photograph and reference to a separate site plan indicating the location and direction of each photograph.
g. (g) Deed restrictions. When required, dDeed restrictions completed, signed and ready for recordation.
h. (h) Fee. A fee corresponding to the fee for a Zoning Administrator PermitMinisterial Review shall be paid at time of submittal. (i) Applications for accessory dwelling units which do not modify a building's exterior are not required to submit (c), (d), or (f) above.
(2) Step two-Ministerial decision. The Department shall act on the application for Zoning Administrator Permitapproval to allow for an accessory dwelling unit within 120 60 days of submittal of a complete application. The Zoning Administrator Permitapproval shall be issued only if the proposed accessory dwelling unit complies with all applicable standards in this section.
(3) Utility connection fees.
(a) Except as provided in subsection (3)(b), a separate new utility connection and payment of a connection fee or capacity charge pursuant to state law and city fee schedule will be required for any new accessory dwelling unit.
(b) No new or separate utility connection or related connection fee or capacity charge will be required for accessory dwelling units that are internal conversions of existing space within a single family residence or permitted accessory structure constructed as habitable space. (F) Development standards. A Zoning Administrator Permit to allow for an accessory dwelling unit shall be issued only if the unit complies with the following development standards:
(1) Setbacks.
(a) R (Residential) Zone District. An accessory dwelling unit shall comply with the setback requirements of the applicable residential zoning district for the primary dwelling, except as follows:

1. A new detached single-story accessory dwelling unit shall observe a front setback of 20 feet, a rear setback of five feet, an interior side setback of five feet, and a corner side setback of 15 feet.

2. A new detached two-story accessory dwelling unit shall observe a front setback of 20 feet, a rear setback of 15 feet, an interior side yard setback of five feet for a one-story portion, and ten feet for a two-story portion, and a corner side yard setback of 15 feet.

3. An accessory dwelling unit that is fully contained within the existing space of a single-family residence or within an approved accessory structure and has independent exterior access from the existing residence or structure shall adhere to the setback requirements of the residential zone it is 62 located within.

4. No portion of an attached or detached accessory dwelling unit shall be closer than ten feet to a primary dwelling on an adjacent lot.

5. A setback of no less than five feet from the side and rear property lines is required for any accessory dwelling unit. No existing nonconforming structures built within less than five feet of any property line may be converted to an accessory dwelling unit.

6. A detached accessory dwelling unit shall always be located within 100 feet of the primary dwelling, but never closer to the primary dwelling than permitted by the California Building Code. (b) PD (Planned Development) Zone District. An accessory dwelling unit shall comply with the setback requirements as defined within the approved Precise Plan applicable to the primary dwelling.

(2) Maximum floor area.
(a) New detached unit. No newly constructed detached accessory dwelling unit may contain floor area in excess of 1,200 square feet.
(b) New attached unit. No newly constructed attached accessory dwelling unit may contain floor area in excess of 50% of the existing residential square footage or 1,200 square feet, whichever is less. (c) Internal conversion. An accessory dwelling unit created entirely by the internal conversion of an existing single family dwelling shall not occupy more than 45% of the existing floor area of the residence, excluding the garage, nor shall it exceed 1,200 square feet, or a maximum of 1,200 square feet for detached accessory structures.
(3) Height limit. A one-story accessory dwelling unit shall not exceed a maximum height of 16 feet. A two-story accessory dwelling unit shall not exceed a maximum height of 27 feet. (4) Open space. An accessory dwelling unit shall provide an additional 500 square feet of open space, in addition to the open space requirements of the primary residential dwelling on the parcel. (5) Architectural compatibility. If visible from a public street, an accessory dwelling unit shall incorporate the same or substantially similar architectural features, building materials and colors as the main dwelling unit and/or compatible dwellings located on adjacent properties. (6) Privacy. A balcony, window or door of a second story accessory dwelling unit shall be designed to lessen privacy impacts to adjacent properties. Appropriate design techniques may include obscured glazing, window placement above eye level, screening treatments, or locating balconies, windows and doors toward the existing on-site residence. (7) Existing development. A single-family dwelling must already exist on the lot or shall be constructed on the lot in conjunction with the construction of the accessory dwelling unit. (8) Number per lot. A maximum of one accessory dwelling unit and one junior accessory dwelling unit shall be permitted on any lot.
(9) Parking. One off-street parking space is required for an accessory dwelling unit, except as set forth below. The off-street parking shall be permitted uncovered, compact, tandem and in setback areas, unless the review authority determines that tandem parking or parking within a setback is not feasible due to specific site or topographical or fire and life safety conditions. No off-street parking shall be required if one or more of the following circumstances exist:
(a) The accessory dwelling unit is 750 square feet or less in area. (b) The accessory dwelling unit is located within one-half mile of public transit. (c) The accessory dwelling unit is located within a historic preservation district. (d) The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.
(e) When on-street parking permits are required but not offered to the occupant of an accessory dwelling unit.
(f) When there is a car share vehicle located within one block of the accessory dwelling unit. (g) To qualify for an exception, the applicant must provide supporting evidence, such as a map illustrating the location of the accessory dwelling unit and its proximity to a public transit stop or car 63 share vehicle or its location within a historic preservation district, or proof of local parking permit requirements.
(h) If a garage, carport, or covered parking is demolished or converted in conjunction with the construction of an accessory dwelling unit, replacement parking spaces must be provided in any configuration on the lot, including as uncovered, compact, tandem parking and within a setback area. (10) Deed restrictions. Prior to occupancy of an accessory dwelling unit, the property owner shall file with the County Recorder a deed restriction containing a reference to the deed under which the property was acquired by the owner and stating that:
(a) The accessory dwelling unit shall not be sold separately from the single family residence; (b) The accessory dwelling unit shall not exceed 1200 square feet and shall comply with the development standards in subsection (E);
(c) The accessory dwelling unit shall be considered legal only so long as either the primary residence or the accessory dwelling unit is occupied by the owner of record of the property. Such owner-occupancy, however, shall not be required if the property owner is a governmental agency, land trust or non-profit housing organization; and
(d) The restrictions shall run with the land and be binding upon any successor in ownership of the property. Lack of compliance shall void the approval of the accessory dwelling unit and may result in legal action against the property owner.
(e) The developer of a subdivision that includes accessory dwelling units shall record the deed restrictions required by this subsection prior to the recordation of the Final Map or Parcel Map. Each lot with an accessory dwelling unit shall remain unoccupied until the property transfers ownership, allowing for compliance with the recorded owner-occupancy restriction. (G) Junior accessory unit. The following provisions are intended to set standards, in compliance with Cal. Gov’t Code § 65852.22, for the development of junior accessory dwelling units so as to increase the supply of smaller and affordable housing while ensuring that such housing remains compatible with the existing neighborhood. It is not the intent of this section to override lawful use restrictions as set forth in Conditions, Covenants and Restrictions. (1) General requirements. A junior accessory dwelling unit:
(a) May be located on any R (Residential) Zone District lot that allows single-family or multifamily dwellings and that contains only one single-family detached dwelling. Only one junior accessory dwelling unit and one standard accessory dwelling unit shall be permitted per parcel; (b) May be located on any PD (Planned Development) Zone District lot wherein a Precise Plan allowing for the construction of junior accessory dwelling units has been approved. In all cases, the Precise Plan shall provide that only one junior accessory dwelling unit shall be permitted per parcel; (c) Is not subject to the density requirements of the General Plan, but shall otherwise be consistent with the General Plan's principles, goals and policies. (d) Shall not be allowed on, or adjacent to, real property that is listed in the California Register of Historic Places.
(e) Shall not be used for rentals with terms of less than 30 days. (f) Shall not be sold separate from the primary residence. (2) Permit requirements. An application for a Zoning Administrator Permit to allow for a junior accessory dwelling unit that complies with all applicable requirements of this section shall be approved ministerially.
(3) Application and processing requirements.
(a) Step one-submittal. The application for a Zoning Administrator Permit to allow for a junior accessory dwelling unit shall be submitted to the Planning Department concurrent with an application for a building permit. In addition to the standard submittal requirements for a building permit, an application for a Zoning Administrator Permit to allow for a junior accessory dwelling unit shall include all of the following:

1. Plot plan. A plot plan, drawn to scale, showing the dimensions of the perimeter of the parcel proposed for the junior accessory dwelling unit; the location and dimensioned setbacks of all 64 existing and proposed structures on the site and structures located within 50 feet of the site; all easements, building envelopes, and special requirements of the subdivision as shown on the Final Map and improvement plans, if any; and average slope calculations for the site.

2. Floor plan. A floor plan, drawn to scale, showing the dimensions of each room, the area devoted to the junior accessory dwelling unit, and the resulting floor areas of the junior accessory dwelling unit and of the primary residence. The use of each room shall be identified, and the size and location of all windows and doors shall be clearly shown. The plan shall identify whether separate or shared sanitation facilities are proposed.

3. Deed restrictions. Deed restrictions completed, signed and ready for recordation.

4. Fee. A fee corresponding to the fee for a Zoning Administrator Permit shall be paid at time of submittal.
(b) Step two-decision. The Department shall act on an application for a Zoning Administrator Permit to allow for a junior accessory dwelling unit within 120 days of submittal of a complete application. A Zoning Administrator Permit to allow for a junior accessory dwelling unit shall be issued only if the proposed junior accessory dwelling unit complies with all applicable standards in this section.
(c) Utility connection fees. No new or separate utility connection and no connection fee for water, sewer, or power is required for a junior accessory dwelling unit. (4) Development standards. A Zoning Administrator Permit to allow for a junior accessory dwelling unit shall be issued only if the unit complies with the following development standards:
(a) Maximum floor area. The junior accessory dwelling unit shall not exceed 500 square feet in area.
(b) Existing development. The junior accessory dwelling unit shall be contained entirely within the existing walls of an existing single-family dwelling and shall utilize one of the existing bedrooms. (c) Kitchen. The junior accessory dwelling unit must contain an efficiency kitchen with the minimum criteria:

1. A sink with a maximum waste line diameter of 1.5 inches.

2. A cooking facility with appliances that do not require electrical service greater than 120 volts, or natural or propane gas.

3. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
(d) Sanitation. Bathroom facilities may be separate from or shared with the single-family dwelling.
(e) Entrance. The junior accessory dwelling unit shall include an exterior entrance separate from the main entrance to the single-family dwelling, and an interior entry into the main living area.

The junior accessory dwelling unit may include a second interior doorway for sound attenuation. (f) Parking. Off-street parking shall not be required for junior accessory dwelling units that meet the development standards.
(5) Deed restrictions. Prior to occupancy of a junior accessory dwelling unit, the property owner shall file with the County Recorder a deed restriction containing a reference to the deed under which the property was acquired by the owner and stating that:
(a) The junior accessory dwelling unit shall not be sold separately from the single-family residence;
(b) The junior accessory dwelling unit shall not exceed 500 square feet and shall comply with the development standards in subsection (F);
(c) The junior accessory dwelling unit shall be considered legal only so long as either the primary residence or the junior accessory dwelling unit is occupied by the owner of record of the property. Such owner-occupancy, however, shall not be required if the property owner is a governmental agency, land trust or non-profit housing organization; and 65 (d) The restrictions shall run with the land and be binding upon any successor in ownership of the property. Lack of compliance shall void the approval of the junior accessory dwelling unit and may result in legal action against the property owner.
(e) The developer of a subdivision that includes junior accessory dwelling units shall record the deed restrictions required by this subsection prior to the recordation of the Final Map or Parcel Map.

Each lot with a junior accessory dwelling unit shall remain unoccupied until the property transfers ownership, allowing for compliance with the recorded owner-occupancy restriction. (Ord. 607 C.S., passed 12-15-93; Am. Ord. 752 C.S., passed 5-21-03; Am. Ord. 949, C.S., passed 12-6- 17)

AFFORDABLE HOUSING DENSITY BONUS
§ 10-3-5.101 PURPOSE.

As required by Cal. Gov’t Code § 65915-65918, this subchapter offers density bonuses, and incentives or concessions for the development of housing that is affordable to the types of households and qualifying residents identified in § 10-3-5.102 below. This chapter is intended to implement the requirements of Cal.

Gov’t Code § 65915 et seq., and the Housing Element of the General Plan. § 10-3-5.102 APPLICABILITY
The provisions of this chapter shall apply to all housing developments, including mixed-use developments, providing a minimum of 5 residential units. If any provision of this chapter conflicts with State Density Bonus Law, the latter shall govern.
§ 10-3-5.103 ELIGIBILITY FOR BONUS, INCENTIVES, OR CONCESSIONS. (A) Eligibility. Eligibility for density bonus allowances and incentives are determined based on the provision of a minimum number of affordable units within the projects as specified by project type and income level, as specified in Section 10-3-5.104 (Density Bonus Allowances for Housing Developments), Section 10-3-5.105 (Density Bonus Allowances for Target Population Housing), and Section 10-3-5.106 (Density Bonus Allowances for Qualified Land Donations). (B) Ineligibility. An applicant shall be ineligible for density bonus allowances or incentives if the housing development meets any of the following, unless the proposed housing development replaces those units, and also meets either of the criteria specified in Government Code 65915(c)(3)(A):
(1) The housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are located or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low-income or very low-income.
(2) The housing development is subject to any other form of rent or price control through a public entity’s valid exercise of its police power.
(3) The housing development is occupied by lower or very low-income households. 66 In order to be eligible for a density bonus and other incentives or concessions as provided by this subchapter, a proposed housing development shall comply with the following requirements and shall satisfy all other applicable provisions of this Zoning Ordinance, except as provided by § 10-3-5.104. (A) Resident requirements. A housing development proposed to qualify for a density bonus shall be designed and constructed so that it includes at least any one of the following:
(1) Ten percent (10%) of the total number of proposed units are for lower income households, as defined in Cal. Health and Safety Code § 50079.5;
(2) Five percent (5%) of the total number of proposed units are for very low income households, as defined in Cal. Health and Safety Code § 50105;
(3) The project is a senior citizen housing development as defined in Cal. Civil Code §§ 51.3 and 51.12, or is a mobile home park that limits residency based on age requirements for housing older persons in compliance with Cal. Civil Code §§ 798.76 or 799.5; or
(4) Ten percent (10%) of the total dwelling units in a common interest development as defined in Cal. Civil Code § 1351 are for persons and families of moderate income, as defined in Cal. Health and Safety Code § 50093, provided that all units in the development are offered to the public for purchase. (B) Applicant selection of basis for bonus. For purposes of calculating the amount of the density bonus in compliance with § 10-3-5.103, below, the applicant who requests a density bonus shall elect whether the bonus shall be awarded on the basis of subsections (A)(1), (2), (3), or (4), above. (C) Bonus units shall not qualify a project. A density bonus granted in compliance with § 10-3-5.103, below, shall not be included when determining the number of housing units that is equal to the percentages required by subsection (A), above.
(D) Minimum project size to qualify for density bonus. The density bonus provided by this subchapter shall be available only to a housing development of five or more dwelling units. (E) Condominium conversion projects. A condominium conversion project for which a density bonus is requested shall comply with the eligibility and other requirements specified in Cal. Gov’t Code § 65915.5.
(Ord. 920 C.S., passed 5-20-15)
§ 10-3-5.1043 APPLICATION
(A) Application Filing. When an applicant seeks a density bonus for a housing development that provides at least the minimum number of affordable units required, the affordable housing developer shall comply with all the following:
(1) File an application for a density bonus on a form provided by the City. Such application shall be submitted in conjunction with the project application and shall be processed concurrently with all other applications required for the project.
(2) State in the application the specific minimum affordable housing units, income levels, and/or target populations, as applicable, proposed for the housing development. (3) If an applicant is requesting an incentive or concession in accordance with Section 10-3-

5.107 (Incentives and Concessions), the application shall:
(a) Include a specific written proposal for the requested incentive or concession. (b) Establish that each requested incentive or concession would result in identifiable, financially sufficient, and actual cost reductions for the qualified housing development. (4) If the applicant is requesting a waiver or reduction in accordance with Section 10-3-5.108 (Waivers or Reductions of Development Standards), the application shall:
(a) Include a specific written proposal for the requested waiver or reduction. (b) Demonstrate how the waiver or reduction is necessary for construction of the housing development at the densities or with the concessions or incentives permitted in accordance with this cChapter.
67 (5) If the applicant is requesting a parking standard in accordance with Section 10-3-5.109 (Parking Standard Modifications), the application shall include a specific written statement noting the request.
(B) Completeness Review. The City shall review the submitted application for completeness in accordance with Government Code Section 65943. Upon review, the City shall provide the applicant with a determination as to the following matters:
(1) The amount of density bonus for which the applicant is eligible. (2) Whether the applicant has provided adequate information for the City to make a determination as to the incentives, concessions, or waiver or reduction of development standards, if requested.
(3) The parking ratio for which the applicant is eligible, if requested. (C) Meeting with City Upon Request. An applicant for a density bonus, incentive and concession, waiver or reduction of development standards, or parking standard request pursuant to this cChapter may request a meeting with the Community and Economic Development Director, or designee, to review the proposal.
§ 10-3-5.105 DENSITY BONUS ALLOWENCES FOR QUALIFIED HOUSING

DEVELOPMENTS
ALLOWED DENSITY BONUSES.

The review authority shall determine the amount of a density bonus allowed in a housing development in compliance with this section. For the purposes of this subchapter, DENSITY BONUS means a density increase over the otherwise maximum allowable residential density under the applicable General Plan Land Use designation and zone as of the date of application by the applicant to the city. (A) Density bonus. A housing development that complies with the eligibility requirements specified in § 10- 3-5.102(A) above, shall be entitled to density bonuses as follows, unless a lesser percentage is proposed by the applicant.
(1) Bonus for units for lower income households. A housing development that is eligible for a bonus in compliance with the criteria specified in § 10-3-5.102(A)(1), (10% of units for lower income households) shall be entitled to a density bonus calculated as follows:

TABLE 103.1 - BONUS FOR LOWER INCOME HOUSEHOLDS
Percentage of Low-Income Units Proposed Percentage of Density Bonus Percentage of Low-Income Units Proposed Percentage of Density Bonus 10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
16 29
17 30.5
18 32
19 33.5
20 35
68 (2) Bonus for units for very low-income households. A housing development that is eligible for a bonus in compliance with the criteria specified in § 10-3-5.102(A)(2), 5% of units for very low-income households) shall be entitled to a density bonus calculated as follows:

TABLE 103.2 - BONUS FOR VERY LOW-INCOME HOUSEHOLDS
Percentage of Very Low-Income Units Proposed Percentage of Density Bonus Percentage of Very Low-Income Units Proposed Percentage of Density Bonus 5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35

(3) Bonus for senior citizen development. A housing development that is eligible for a bonus in compliance with the criteria in § 10-3-5.102(A)(3), (senior citizen development or mobile home park) shall be entitled to a density bonus of 20%.
(4) Bonus for moderate income units in common interest development. A housing development that is eligible for a bonus in compliance with the criteria specified in § 10-3-5.102(A)(4), (10% of units in a common interest development for persons and families of moderate income) shall be entitled to a density bonus calculated as follows:

TABLE 103.3 - BONUS FOR MODERATE INCOME HOUSEHOLDS
Percentage of Moderate-Income Units Proposed Percentage of Density Bonus Percentage of Moderate-Income Units Proposed Percentage of Density Bonus 10 5
11 6
12 7
13 8
14 9
15 10
16 11
17 12
18 13
19 14
20 15
21 16
22 17
23 18
69 24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 33
39 34
40 35

(5) Density bonus for land donation. When an applicant for a tentative map, parcel map, or other residential development approval donates land to the city in compliance with this subsection, the applicant shall be entitled to a density bonus for the entire development as follows; provided, that nothing in this subsection shall be construed to affect the authority of the city to require a developer to donate land as a condition of development.
(a) Basic bonus. The applicant shall be entitled to a 15% increase above the otherwise maximum allowable residential density under the applicable Land Use Plan designation and zone for the entire development, and an additional increase as follows.

TABLE 103.4 - BASIC BONUSES
Percentage of Very Low-Income Units Proposed Percentage of Density Bonus Percentage of Very Low-Income Units Proposed Percentage of Density Bonus 10 15
11 16
12 17
13 18
14 19
15 20
16 21
17 22
18 23
19 24
20 25
70 21 26
22 27
23 28
24 29
25 30
26 31
27 32
28 33
29 34
30 35

(b) Increased bonus. The increase identified in Table 103.4 above shall be in addition to any increase in density required by subsections (A)(1) through (A)(4), up to a maximum combined mandated density increase of 35% if an applicant seeks both the increase required in compliance with this subsection (A)(5), as well as the bonuses provided by subsections (A)(1) through (A)(4). (c) Eligibility for increased bonus. An applicant shall be eligible for the increased density bonus provided by this subsection if all of the following conditions are met:

1. The applicant donates and transfers the land no later than the date of approval of the final map, parcel map, or residential development application.

2. The developable acreage and zoning classification of the land being transferred are sufficient to allow construction of units affordable to very low income households in an amount not less than 10% of the number of residential units of the proposed development.

3. The transferred land is at least one acre in size, or of sufficient size to allow development of at least 40 units; has the appropriate Land Use Plan designation; is appropriately zoned for development as affordable housing; and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible.

4. No later than the date of approval of the final map, parcel map, or of the residential development, the transferred land shall have all of the permits and approvals, other than Building Permits, necessary for the development of the very low income housing units on the transferred land, except that the city may subject the proposed development to subsequent design review to the extent authorized by Cal. Gov’t Code § 65583.2(i) if the design is not reviewed by the city before the time of transfer.

5. The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with § 10-3-5.107, which shall be recorded on the property at the time of dedication.
71 6. The land is transferred to the city or to a housing developer approved by the city. The city may require the applicant to identify and transfer the land to the approved housing developer.

7. The transferred land shall be within the boundary of the proposed development or, if the city agrees, within one-quarter mile of the boundary of the proposed development. (B) Greater or lesser bonuses. The city may choose to grant a density bonus greater than provided by this section for a development that meets the requirements of this section, or grant a proportionately lower density bonus than required by this section for a development that does not fully comply with the requirements of this section.
(C) Density bonus calculations. The calculation of a density bonus in compliance with this section that results in fractional units shall be rounded up to the next whole number, as required by state law. For the purpose of calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels.
(D) Requirements for amendments or discretionary approval. The granting of a density bonus shall not be interpreted, in and of itself, to require a General Plan amendment, Zoning Map amendment, or other discretionary approval.
(E) Location of bonus units. The developer may locate density bonus units in the housing project in areas other than where the units for the lower income households are located. (Ord. 920 C.S., passed 5-20-15)
(A) 10-3-5.104 ALLOWED INCENTIVES OR CONCESSIONS. Density Bonus Allowance. Density bonus allowances are determined based on the percent and type of affordable housing units provided within a housing development, as identified in Table 10-3-5.1054-1: Density Bonus Allowance by Affordability.

The applicant may also elect to accept a lesser percentage of density bonus. (B) Calculations.
(1) For the purpose of calculating a density bonus, residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels.
(2) All density calculations resulting in fractional units shall be rounded up to the next whole number.

Table 10-3-5.105-1: Density Bonus Allowance by Affordability Affordability
Level of Units
Provided1
Percentage of Affordable
Units Provided
Density Bonus Allowance4 Incremental
Increase in
Density
Bonus
Allowance7
Minimum2 Maximum3 Minimum
Density
Bonus5
Maximum
Density
Bonus6
Very Low
Income
5% 15% 20% 50% 2.50%
Low Income 10% 24% 20% 50% 1.50%
72 Moderate
Income, For-Sale
10% 44% 5% 50% 1%
1 Income category of affordable housing units provided within the housing development. 2 Minimum percentage of affordable housing units required within the housing development to qualify for a density bonus.
3 Maximum percentage of affordable housing units required within the housing development to qualify for the maximum density bonus.
4 Density bonus allowances are determined based on the percentage and income category of the affordable units provided. Density bonuses are percent increases beyond the maximum residential density allowed.
5 Minimum density bonus allowance to be provided. The minimum density bonus is provided only once the minimum percentage of affordable housing units is provided within the related income category. 6 Maximum density bonus allowance to be required. The maximum density bonus is provided only once the maximum percentage of affordable housing units is provided within the related income category. 7 For every 1 percent increase in the affordable housing units provided within the housing development beyond the minimum percentage of affordable units specified within the applicable income category, the minimum density bonus allowance shall increase by the stated increment to the maximum density bonus allowed.
(C) Additional Density Bonus Allowance for 100 Percent Affordable Housing. Notwithstanding the maximum density bonus allowance specified in Table 10-3-5.105-1: Density Bonus Allowance by Affordability, housing developments providing 100 percent affordable housing units at either the very low-income, low-income, or moderate-income category, or any combination thereof, shall be eligible for a density bonus of 80 percent.
(D) Additional Density Bonus Allowance for Provision of Childcare Facilities. (1) Eligibility. Housing developments providing a childcare facility located on the premises, as a part of, or adjacent to the housing development and meeting, or are conditioned to meet, both of the following requirements shall be eligible for an additional density bonus allowance as specified in Section 10-3-5.105(D)(3), Childcare Facility Density Bonus Allowance. (a) The childcare facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the affordable units are required to remain affordable pursuant to Government Code Section 65915(c). (b) Of the children who attend the childcare facility, the children of very low-income households, low-income households, or moderate-income households shall constitute a percentage that is equal to or greater than the percentage of dwelling units that are required under the respective minimum affordable housing component income category for which the density bonus is sought.
(2) Adequate Facilities. The City is authorized to not provide a density bonus as provided in this section upon substantial evidence that the community has adequate childcare facilities. (3) Childcare Facility Density Bonus Allowance. A density bonus allowance shall be granted in the amount of square feet of residential space that is equal to or greater than the amount of square feet in the childcare facility. This density bonus allowance is in addition to the density bonus allowance provided under Section 10-3-5.1054(A), Density Bonus Allowance. (E) Additional Density Bonus Allowance for Mixed-Income Housing.

I - I - I - I - I -
73 (1) Eligibility. Housing developments providing the following percent and type of affordable housing units are eligible for an additional density bonus allowance as specified in Section 10-3-

5.1054(E)(2), Mixed-Income Density Bonus Allowance.
(a) Housing developments providing at least 15 percent affordable housing units at the very low-income category and providing additional affordable units at the income category and percentages specified in Table 10-3-5.1054-2: Mixed-Income Density Bonus Allowance by Affordability.
(b) Housing developments providing at least 24 percent affordable housing units at the low-income category and providing additional affordable units at the income category and percentages specified in Table 10-3-5.1054-2: Mixed-Income Density Bonus Allowance by Affordability.
(c) Housing developments providing at least 44 percent affordable housing units at the moderate-income category and providing additional affordable units at the income category and percentages specified in Table 10-3-5.1045-2: Mixed-Income Density Bonus Allowance by Affordability.
(2) Additional Mixed-Income Density Bonus Allowance. Additional density bonus allowances are determined based on the percent and type of additional affordable housing units provided within a housing development, as identified in Table 10-3-5.1054-2: Mixed-Income Density Bonus Allowance by Affordability.
(3) Maximum on Affordable Units. No more than 50 percent of the resulting housing development, inclusive of the units awarded through a density bonus, shall be income restricted to the very low-income, low-income, or moderate-income category.

Table 10-3-5.105-2: Mixed-Income Density Bonus Allowance by Affordability Affordability
Level of
Additional Units
Provided1
Percentage of Additional
Affordable Units Provided
Density Bonus Allowance4 Incremental
Increase in
Density
Bonus
Allowance7
Minimum2 Maximum3 Minimum
Density
Bonus5
Maximum
Density
Bonus6
Very Low Income 5% 10% 20% 38.75% 3.75%
Moderate Income,
For-Sale or ForRent
5% 15% 20% 50% 2.5%
1 Income category of affordable housing units provided within the housing development in addition to the percent of affordable housing units provided to qualify for a density bonus allowance in accordance with Section 10-3-5.105(A) (Density Bonus Allowance) (“additional affordable units”). 2 Minimum percentage of additional affordable housing units required within the housing development to qualify for the mixed-income density bonus.
3 Maximum percentage of additional affordable housing units required within the housing development to qualify for the maximum mixed-income density bonus.
4 Density bonus allowances are determined based on the percentage and income category of the additional affordable units provided. Density bonuses are percent increases beyond the number of housing units excluding any density bonus awarded by this Chapter. 74 5
Minimum density bonus allowance to be provided. The minimum density bonus is provided only once the minimum percentage of additional affordable housing units is provided within the related income category.
6 Maximum density bonus allowance to be required. The maximum density bonus is provided only once the maximum percentage of additional affordable housing units is provided within the related income category.
7 For every 1 percent increase in the additional affordable housing units provided within the housing development beyond the minimum percentage of additional affordable units specified within the applicable income category, the minimum density bonus allowance shall increase by the stated increment to the maximum density bonus allowed.
(A) Applicant request and city approval.
(1) An applicant for a density bonus in compliance with this subchapter may submit to the city a proposal for the specific incentives or concessions listed in subsection (C), below, that the applicant requests in compliance with this section, and may request a meeting with the Director. The applicant may file a request either before filing an application for city approval of a proposed project or concurrently with an application for project approval. The review authority shall grant an incentive or concession request that complies with this section unless the review authority makes either of the following findings in writing, based upon substantial evidence:
(a) The incentive or concession is not required to provide for affordable housing costs, as defined in Cal.

Health and Safety Code § 50052.5, or for rents for the targeted units to be set as specified in § 10-3-

Transitional Foster Youth, Disabled Veterans, or Homeless Persons. Housing developments providing a minimum of 10 percent of units for individuals qualifying as transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541 of the Government Code, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.), are eligible for a 20 percent density bonus allowance beyond the maximum density allowed. Housing units provided for transitional foster youth, disabled veterans, and homeless persons shall be subject to a recorded affordability restriction of 55 years and shall be provided at the same affordability level as very low-income units.

Student Housing. Housing developments providing a minimum of 20 percent of units for lower income students as defined by Government Code Section 65915(b)(1)(F)(I) and meeting all the following criteria shall be eligible for a 35 percent density bonus allowance. The density bonus shall be calculated based on the number of student housing units provided.

The rent provided in the lower income student housing units equals 30 percent of 65 percent of the area median income for a single-room occupancy unit type.

The housing development gives priority to lower income students experiencing homelessness.

For purposes of calculating a density bonus pursuant to this Section, the term “unit” means one rental bed and its pro rata share of associated common area facilities. (A) Applicability. This section applies to a development that meets the requirements of § 10-3-5.102, above, but only at the request of the applicant. An applicant may request additional parking incentives or concessions beyond those provided in this section in compliance with § 10-3-5.104, above. (B) Number of parking spaces required.
(1) At the request of the applicant, the city shall require the following vehicular parking ratios for a project that complies with the requirements of § 10-3-5.102, above, inclusive of handicapped and guest parking. (a) Zero to one bedroom: One on-site parking space.
(b) Two to three bedrooms: Two on-site parking spaces.
(c) Four and more bedrooms: Two and one half on-site parking spaces. (2) If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number.
(C) Location of parking. For purposes of this section, a development may provide on-site parking through uncovered parking, but not through on-street parking.
76 (Ord. 920 C.S., passed 5-20-15)
10-3-5.106 DENSITY BONUS ALLOWANCES FOR QUALIFIED LAND DONATIONS 10-3-5.104 ALLOWED INCENTIVES OR CONCESSIONS. (A) Applicant request and city approval. (1) An applicant for a density bonus in compliance with this subchapter may submit to the city a proposal for the specific incentives or concessions listed in subsection (C), below, that the applicant requests in compliance with this section, and may request a meeting with the Director. The applicant may file a request either before filing an application for city approval of a proposed project or concurrently with an application for project approval. The review authority shall grant an incentive or concession request that complies with this section unless the review authority makes either of the following findings in writing, based upon substantial evidence:
(a) The incentive or concession is not required to provide for affordable housing costs, as defined in Cal.

Health and Safety Code § 50052.5, or for rents for the targeted units to be set as specified in § 10-3-

5.107(B); or
(b) The incentive or concession would have a specific adverse impact, as defined in Cal. Gov’t Code § 65589.5(d)(2), upon public health and safety or the physical environment, or on any real property listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households.
(2) The applicant shall show that a waiver or modification of development standards is necessary to make the housing units economically feasible.
(B) Number of incentives. The applicant shall receive the following number of incentives or concessions. (1) One incentive or concession. One incentive or concession for a project that includes at least 10% of the total units for lower income households, at least 5% for very low income households, or at least 10% for persons and families of moderate income in a common interest development. (2) Two incentives or concessions. Two incentives or concessions for a project that includes at least 20% of the total units for lower income households, at least 10% for very low income households, or at least 20% for persons and families of moderate income in a common interest development. (3) Three incentives or concessions. Three incentives or concessions for a project that includes at least 30% of the total units for lower income households, at least 15% for very low income households, or at least 30% for persons and families of moderate income in a common interest development. (C) Type of incentives. For the purposes of this chapter, concession or incentive means any of the following:
(1) A reduction in the site development standards of this Zoning Ordinance (e.g., site coverage limitations, setbacks, reduced parcel sizes, and/or parking requirements) (see also § 10-3-5.105), or a modification of architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission in compliance with Cal. Health and Safety Code § 18901 et seq., that would otherwise be required, that results in identifiable, financially sufficient, and actual cost reductions;
(2) Approval of mixed-use land uses not otherwise allowed by this Zoning Ordinance in conjunction with the housing development, if nonresidential land uses will reduce the cost of the housing development, and the nonresidential land uses are compatible with the housing project and the existing or planned development in the area where the project will be located; (3) Other regulatory incentives proposed by the applicant or the city that will result in identifiable, financially sufficient, and actual cost reductions; and/or (4) In its sole and absolute discretion, a direct financial contribution granted by the review authority, including writing-down land costs, subsidizing the cost of construction, or participating in the cost of infrastructure.
(D) Effect of incentive or concession. The granting of a concession or incentive shall not be interpreted, in and of itself, to require a General Plan amendment, Zoning Map amendment, or other discretionary approval.
(Ord. 920 C.S., passed 5-20-15)
77 § 10-3-5.1056 DENSITY BONUS ALLOWANCES FOR TARGET POPULATION HOUSINGPARKING REQUIREMENTS IN DENSITY BONUS PROJECTS.
(A) Senior Housing. Senior citizen housing developments or mobile home parks that limit residency based on age requirements for housing for older persons pursuant to Civil Code Section 798.76 or 799.5, are eligible for a 20 percent density bonus allowance. The density bonus shall be calculated based on the number of senior housing units provided.
(B) Transitional Foster Youth, Disabled Veterans, or Homeless Persons. Housing developments providing a minimum of 10 percent of units for individuals qualifying as transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541 of the Government Code, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.), are eligible for a 20 percent density bonus allowance beyond the maximum density allowed. Housing units provided for transitional foster youth, disabled veterans, and homeless persons shall be subject to a recorded affordability restriction of 55 years and shall be provided at the same affordability level as very low-income units. (C) Student Housing. Housing developments providing a minimum of 20 percent of units for lower income students as defined by Government Code Section 65915(b)(1)(F)(I) and meeting all the following criteria shall be eligible for a 35 percent density bonus allowance. The density bonus shall be calculated based on the number of student housing units provided.
(1) The rent provided in the lower income student housing units equals 30 percent of 65 percent of the area median income for a single-room occupancy unit type. (2) The housing development gives priority to lower income students experiencing homelessness.
(3) For purposes of calculating a density bonus pursuant to this section, the term “unit” means one rental bed and its pro rata share of associated common area facilities. (A) Applicability. This section applies to a development that meets the requirements of § 10-3-5.102, above, but only at the request of the applicant. An applicant may request additional parking incentives or concessions beyond those provided in this section in compliance with § 10-3-5.104, above. (B) Number of parking spaces required.
(1) At the request of the applicant, the city shall require the following vehicular parking ratios for a project that complies with the requirements of § 10-3-5.102, above, inclusive of handicapped and guest parking. (a) Zero to one bedroom: One on-site parking space.
(b) Two to three bedrooms: Two on-site parking spaces.
(c) Four and more bedrooms: Two and one half on-site parking spaces. (2) If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number.
(C) Location of parking. For purposes of this section, a development may provide on-site parking through uncovered parking, but not through on-street parking.
(Ord. 920 C.S., passed 5-20-15)
§ 10-3-5.1076 DENSITY BONUS ALLOWANCES FOR QUALIFIED LAND DONATIONS BONUS AND INCENTIVES FOR DEVELOPMENTS WITH CHILD CARE FACILITIES. 78 (A) Eligibility. For a density bonus for a qualified land donation to be granted, all the following requirements shall be met.
(1) The applicant is applying for a tentative subdivision map, tentative parcel map, or other residential development approval.
(2) The applicant agrees to donate and transfer qualified land, which is land that meets both the following criteria:
(a) The developable acreage and zoning classification of the land being transferred must be sufficient to permit construction of units affordable to very low-income households in an amount equal to not less than 10 percent of the number of residential units of the proposed development.
(b) The transferred land shall be at least 1 acre in size or of sufficient size to permit development of at least 40 units, have the appropriate General Plan land use designation, be appropriately zoned with development standards for development at a minimum density of 20 dwelling units per acre, in accordance with Government Code Section 65583.2(c)(3), and be or will be served by adequate public facilities and infrastructure. (3) The qualified land shall be transferred to the City or to a housing developer approved by the City no later than the date of approval of the final subdivision map, parcel map, or residential development application. The City may require the applicant to identify and transfer the land to an approved housing developer.
(4) The qualified land has all of the permits and approvals, other than building permits, necessary for the development of the very low-income affordable housing units on the qualified land, not later than the date of approval of the final subdivision map, parcel map, or residential development application filed. However, the City may subject the proposed development to subsequent design review to the extent authorized by Government Code Section 65583.2(i) if the design is not reviewed by the City prior to the time of transfer. (5) The qualified land and the affordable units are subject to a deed restriction ensuring continued affordability of the units for 55 years, which must be recorded against the qualified land at the time of the transfer.
(6) The qualified land is within the boundary of the proposed development or, if approved by the City, within one-quarter mile of the boundary of the proposed development. (7) A proposed source of funding for the very low-income affordable housing units shall be identified no later than the date of approval of the final subdivision map, parcel map, or residential development application.
(B) Qualified Land Donation Density Bonus Allowance. If all requirements of Section 10-3-5.106(A), Eligibility, are met, the applicant shall be entitled to a density bonus allowance, as specified in Table 10-3-

5.106 -1: Qualified Land Donation Density Bonus Allowance.

Table 10-3-5.106 -1: Qualified Land Donation Density Bonus Allowance Percent of Units for Very Low-Income Density Bonus Allowance 10% 15%
11% 16%
12% 17%
13% 18%
14% 19%
79 Percent of Units for Very Low-Income Density Bonus Allowance 15% 20%
16% 21%
17% 22%
18% 23%
19% 24%
20% 25%
21% 26%
22% 27%
23% 28%
24% 29%
25% 30%
26% 31%
27% 32%
28% 33%
29% 34%
30% - 100% 35%
(A) Housing developments. A housing development that complies with the resident and project size requirements of § 10-3-5.102(A) and (B), above, and also includes as part of that development a child care facility other than a large or small family day care home, that will be located on the site of, as part of, or adjacent to the development, shall be subject to the following additional bonus, incentives, and requirements.
(1) Additional bonus and incentives. The city shall grant a housing development that includes a child care facility in compliance with this section either of the following:
(a) An additional density bonus that is an amount of floor area in square feet of residential space that is equal to or greater than the floor area of the child care facility; or (b) An additional incentive that contributes significantly to the economic feasibility of the construction of the child care facility.
(2) Requirements to qualify for additional bonus and incentives. (a) The city shall require, as a condition of approving the housing development, that:

1. The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable in compliance with § 10-3-5.107, below; and

2. Of the children who attend the child care facility, the children of very low income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or families of moderate income in compliance with § 10-3-5.102(A), above. (b) The city shall not be required to provide a density bonus for a child care facility in compliance with this section if it finds, based upon substantial evidence, that the community has adequate child care facilities.
(B) Commercial and industrial developments. A developer of a commercial or industrial development project, containing at least 50,000 square feet of floor area, may be granted a density bonus when that developer agrees to set aside at least 2,000 square feet of interior floor area and 3,000 outdoor square footage to be used for a child care facility, other than a large or small family day care home, in compliance with Cal. Gov’t Code § 65917.5.
(1) Allowable density bonuses. The allowable density bonus may be one of the following:
(a) A maximum of five square feet of floor area for each one square foot of floor area contained in the child care facility located in an existing child care facility; or (b) A maximum of ten square feet of floor area for each one square foot of floor area contained in the 80 child care facility located in a new child care facility. (2) Requirements. Requirements to qualify for the additional density bonus shall include all of the following:
(a) For purposes of calculating the allowable density bonus under this subsection, both the total area contained within the exterior walls of the child care facility and all outdoor areas devoted to the use of the facility in compliance with applicable state child care licensing requirements shall be considered. (b) The child care facility shall be of a sufficient size to comply with all applicable state licensing requirements in order to accommodate at least 40 children. (c) This facility may be located either on the project site or may be located off-site as agreed upon by the developer and the city.
(d) If the child care facility is not located on the site of the development project, the city shall determine whether the location of the child care facility is appropriate and whether it complies with the purpose and intent of this section.
(e) The granting of a density bonus shall not preclude the city from imposing necessary conditions on the development project or on the additional square footage in compliance with Cal. Gov’t Code § 65917.5. (Ord. 920 C.S., passed 5-20-15)
10-3-5.1087 INCENTIVES AND CONCESSIONSCONTINUED AVAILABILITY. (A) Qualifications for Incentives and Concessions. An applicant for a density bonus pursuant to this chapter may request incentives or concessions in association with the housing development or land donation qualifying for such density bonus.
(B) Number of Incentives or Concessions. The following number of incentives or concessions may be granted, based on the number and income level of affordable housing units of the housing development. (1) One incentive for qualified housing development projects that include at least 5 percent of the total units for very low-income households, at least 10 percent for low-income households, or at least 10 percent for persons and families of moderate-income households in a common interest development.
(2) Two incentives for qualified housing development projects that include at least 10 percent of the total units for very low-income households, at least 17 percent for low-income households, or at least 20 percent for persons and families of moderate-income households in a common interest development.
(3) Three incentives for qualified housing development projects that include at least 15 percent of the total units for very low-income households, at least 24 percent for low-income households, or at least 30 percent for persons and families of moderate-income households in a common interest development.
(4) Four incentives for qualified housing developments that include 100 percent of total units, exclusive of a manager's unit or units, for lower income households, except that up to 20 percent of the total units in the development may be for moderate-income households. (5) Additional incentives or concessions. Projects meeting either of the following criteria shall receive incentives and concessions in addition to the number specified above. (a) If the project is within 1/2 mile of a major transit stop, the project shall also receive a height increase of up to three additional stories, or 33 feet. 81 (b) A qualified housing development proposal that includes a childcare facility shall be granted an additional incentive that contributes significantly to the economic feasibility of the construction of the childcare facility.
(C) Types of Incentives or Concessions. Incentive or concession means any of the following:
(1) A reduction in site development standards or a modification of development code requirements or design guidelines that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code that would result in identifiable and actual cost reductions to provide for affordable housing costs. (2) Approval of mixed-use zoning in conjunction with the qualified housing development if commercial, office, industrial, or other land uses will reduce the cost of the qualified housing development and if the commercial, office, industrial, or other land uses are compatible with the qualified housing development and the existing or planned development in the area where the proposed qualified housing development will be located. (3) Other regulatory incentives proposed by the affordable housing developer or the City that result in identifiable, financially sufficient, and actual cost reductions to provide for affordable housing costs.
(4) Nothing in this section limits or requires the provision of direct financial incentives by the City for the qualified housing development, including the provision of publicly owned land, or the waiver of fees or dedication requirements.
(D) Criteria for Denial of Incentives and Concessions. Except as otherwise provided in this chapter or by State law, the City shall grant the incentive(s) or concession(s) requested unless a written finding, based upon substantial evidence, is made with respect to any of the following, in which case the City may refuse to grant the incentive(s) or concession(s):
(1) The incentive or concession is not required in order to provide affordable housing costs or affordable rents for the affordable units subject to the qualified housing development application. (2) The incentive or concession would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon health and safety and, if such a specific, adverse impact exists, there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(3) The incentive or concession would have an adverse impact on any real property that is listed in the California Register of Historical Resources. (4) The incentive or concession would be contrary to State or federal law.

The units that qualified the housing development for a density bonus and other incentives and concessions shall continue to be available as affordable units in compliance with the following requirements, as required by Cal. Gov’t Code § 65915(c). See also § 10-3-5.110. (A) Duration of affordability. The applicant shall agree to, and the city shall ensure, the continued availability of the units that qualified the housing development for a density bonus and other incentives and concessions, as follows.
(1) Low- and very low-income units. The continued affordability of all low- and very low-income qualifying units shall be maintained for 30 years, or a longer time if required by the construction or mortgage financing assistance program, mortgage insurance program, rental subsidy program, or by city policy or ordinance.
(2) Moderate income units in common interest development. The continued availability of moderateincome units in a common interest development shall be maintained for a minimum of 10 years, or a 82 longer time if required by city policy or ordinance. (B) Unit cost requirements. The rents and owner-occupied costs charged for the housing units in the development that qualify the project for a density bonus and other incentives and concessions, shall not exceed the following amounts during the period of continued availability required by this section:
(1) Lower income units. Rents for the lower income density bonus units shall be set at an affordable rent as defined in Cal. Health and Safety Code § 50053; and
(2) Owner-occupied units. Owner-occupied units shall be available at an affordable housing cost as defined in Cal. Health and Safety Code § 50052.5.
(C) Occupancy and resale of moderate-income common interest development units. An applicant shall agree to, and the city shall ensure that the initial occupant of moderate income units that are directly related to the receipt of the density bonus in a common interest development as defined in Cal. Civil Code § 1351, are persons and families of moderate income, as defined in Cal. Health and Safety Code § 50093, and that the units are offered at an affordable housing cost, as defined in Cal. Health and Safety Code § 50052.5. The city shall enforce an equity sharing agreement unless it is in conflict with the requirements of another public funding source or law. The following requirements apply to the equity sharing agreement.
(1) Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation.
(2) The city shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within three years for any of the purposes described in Cal. Health and Safety Code § 33334.2(e) that promote home ownership. For the purposes of this section:
(a) The city's initial subsidy shall be equal to the fair market value of the home at the time of initial sale, minus the initial sale price to the moderate-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value; and (b) The city's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of initial sale. (Ord. 920 C.S., passed 5-20-15)
§ 10-3-5.1089 WAIVERS OR REDUCTIONS OF DEVELOPMENT STANDARDS LOCATION AND TYPE OF DESIGNATED UNITS.
(A) Qualifications for Waivers or Reductions. An applicant for a density bonus pursuant to this chapter may request a waiver or reduction in development standards in association with the housing development or land donation qualifying for such density bonus.
(B) Effect of Proposal for Waiver or Reduction of Development Standards. A proposal for the waiver or reduction of development standards shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled to pursuant to Section 10-3-5.107 (Incentives or Concessions). (C) Findings for Approval of Waiver or Reduction of Development Standards. All of the following findings shall be made to approve the requested waiver or reduction of development standard. (1) The development standard for which a waiver or reduction is requested will have the effect of physically precluding the construction of the proposed qualified housing development at the densities or with the incentives permitted under this chapter. (2) The requested waiver or reduction of a development standard will not have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon health and safety or, if such a specific, adverse impact exists, there is a feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
83 (3) The requested waiver or reduction of a development standard will not have an adverse impact on any real property that is listed in the California Register of Historical Resources. (4) The requested waiver or reduction of a development standard is not contrary to State or federal law.
(A) Location/dispersal of units. Designated units shall be reasonably dispersed throughout the project where feasible, shall contain on average the same number of bedrooms as the non-designated units in the project, and shall be compatible with the design or use of remaining units in terms of appearance, materials, and finish quality.
(B) Phasing. If a project is to be phased, the density bonus units shall be phased in the same proportion as the non-density bonus units, or phased in another sequence acceptable to the city. (Ord. 920 C.S., passed 5-20-15)
§ 10-3-5.11009 PARKING STANDARD MODIFICATIONS DENSITY BONUS AGREEMENT. (A) Maximum Parking Standard Upon Request. In addition to any incentives or concessions pursuant to Section 10-3-5.107 (Incentives and Concessions) or any waivers or reductions pursuant to Section 10-3-

5.108 (Waivers or Reductions), an applicant for a density bonus pursuant to this cChapter may request the following maximum parking rates, inclusive of handicap and guest parking, for a qualified housing development or land donation:
(1) Zero to one bedroom: 1 on-site parking space
(2) Two to three bedrooms: 1.5 on-site parking spaces
(3) Four and more bedrooms: 2.5 on-site parking spaces
(B) Exceptions. The maximum parking standards shall be as follows for projects meeting the specified criteria. Such parking standards shall apply, inclusive of handicap and guest parking, to the entire housing development, unless a citywide parking study has been prepared in accordance with Government Code Section 65915(p)(7).
(1) A maximum of 0.5 parking spaces per unit shall apply for projects meeting all the following criteria:
(a) The development includes at least 20 percent low-income units or at least 11 percent very low-income units.
(b) The development is located within 0.5 miles of a major transit stop, as defined in subdivision (b) of Section 21155 of the California Public Resources Code. (c) There is unobstructed access to the major transit stop from the development. A development shall have unobstructed access to a major transit stop if a resident is able to access the major transit stop without encountering natural or constructed impediments. (2) A maximum of 0.5 spaces per bedroom shall apply for projects meeting all the following criteria:
(a) The development includes at least 40 percent moderate-income for-sale units. (b) The development is located within 0.5 miles of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code. (c) There is unobstructed access to the major transit stop from the development. A development shall have unobstructed access to a major transit stop if a resident is able to access the major transit stop without encountering natural or constructed impediments. 84 (3) No vehicular parking requirement shall be imposed on any projects providing 100 percent affordable units and meeting all applicable criteria as specified in Government Code Section 65915(p)(3).
(C) If the total number of parking spaces required for the qualified housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this Section, “on-site parking” may be provided through tandem parking or uncovered parking, but not through on-street parking.
(D) Except as otherwise provided in this Section, all other provisions of this Title, including the standards of Chapter 10-3.12 (Off-Street Parking Regulations) applicable to residential development, shall apply.
(A) Agreement required. An applicant requesting a density bonus shall agree to enter into a density bonus agreement (referred to as the "agreement") with the city in the city's standard form of agreement. The applicant shall prepare the draft agreement for submission to the city for review. (B) Agreement provisions.
(1) Project information. The agreement shall include at least the following information about the project:
(a) The total number of units approved for the housing development, including the number of designated dwelling units;
(b) A description of the household income group to be accommodated by the housing development, and the standards and methodology for determining the corresponding affordable rent or affordable sales price and housing cost consistent with the California Department of Housing and Urban Development (HUD) Guidelines;
(c) The marketing plan for the affordable units;
(d) The location, unit sizes (square feet), and number of bedrooms of the designated dwelling units; (e) Tenure of the use restrictions for designated dwelling units of the time periods required by § 10-3-

5.107;
(f) A schedule for completion and occupancy of the designated dwelling units; (g) A description of the additional incentives and concessions being provided by the city; (h) A description of the remedies for breach of the agreement by the owners, developers, and/or successors-in-interest of the project; and
(i) Other provisions to ensure successful implementation and compliance with this chapter. (2) Minimum requirements. The agreement shall provide, at minimum, that:
(a) The developer shall give the city the continuing right-of-first-refusal to lease or purchase any or all of the designated dwelling units at the appraised value;
(b) The deeds to the designated dwelling units shall contain a covenant stating that the developer or successors-in-interest shall not assign, lease, rent, sell, sublet, or otherwise transfer any interests for designated units without the written approval of the city; (c) When providing the written approval, the city shall confirm that the price (rent or sale) of the designated dwelling unit is consistent with the limits established for low and very low-income households, as published by HUD;
(d) The city shall have the authority to enter into other agreements with the developer, or purchasers of the designated dwelling units, to ensure that the required dwelling units are continuously occupied by eligible households;
(e) Applicable deed restrictions, in a form satisfactory to the City Attorney, shall contain provisions for the enforcement of owner or developer compliance. Any default or failure to comply may result in foreclosure, specific performance, or withdrawal of the Certificate of Occupancy; (f) In any action taken to enforce compliance with the deed restrictions, the City Attorney shall, if compliance is ordered by a court of competent jurisdiction, take all action that may be allowed by law to recover all of the city's costs of action including legal services; and 85 (g) Compliance with the agreement will be monitored and enforced in compliance with the measures included in the agreement.
(3) For-sale housing conditions. In the case of a for-sale housing development, the agreement shall provide for the following conditions governing the initial sale and use of designated dwelling units during the applicable restriction period:
(a) Designated dwelling units shall be owner-occupied by eligible households, or by qualified residents in the case of senior housing; and
(b) The initial purchaser of each designated dwelling unit shall execute an instrument or agreement approved by the city which:

1. Restricts the sale of the unit in compliance with this chapter, or other applicable city policy or ordinance, during the applicable use restriction period;

2. Contains provisions as the city may require to ensure continued compliance with this chapter and state law; and

3. Shall be recorded against the parcel containing the designated dwelling unit. (4) Rental housing conditions. In the case of a rental housing development, the agreement shall provide for the following conditions governing the use of designated dwelling units during the applicable restriction period:
(a) The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining the designated dwelling units for qualified tenants; (b) Provisions requiring owners to annually verify tenant incomes and maintain books and records to demonstrate compliance with this chapter;
(c) Provisions requiring owners to submit an annual report to the city, which includes the name, address, and income of each person occupying the designated dwelling units, and which identifies the bedroom size and monthly rent or cost of each unit; and
(d) The applicable use restriction period shall comply with the time limits for continued availability in § 10-3-5.107, above.
(C) Execution of agreement.
(1) Following approval of the agreement, and execution of the agreement by all parties, the city shall record the completed agreement on the parcels designated for the construction of designated dwelling units, at the County Recorder's Office.
(2) The approval and recordation shall take place at the same time as the final map or, where a map is not being processed, before issuance of Building Permits for the designated dwelling units. (3) The agreement shall be binding on all future owners, developers, and/or successors-in-interest. (Ord. 920 C.S., passed 5-20-15)
§ 10-3-5.1110 AFFORDABLE HOUSING AGREEMENT CONTROL OF RESALE.

No density bonus pursuant to this chapter shall be granted unless and until the applicant and the City enters into an affordable housing agreement and, if applicable, an equity sharing agreement, in compliance with Government Code Section 65915(c)(1) or (2), as applicable. The affordable housing agreement shall be recorded prior to, or concurrently with, final map recordation or, where the qualified housing development does not include a map, prior to issuance of a building permit for any structure on the site.

In order to maintain the availability of for-sale affordable housing units constructed in compliance with this chapter, the following resale conditions shall apply. (A) Limits on resale price. The price received by the seller of an affordable unit shall be limited to the purchase price plus an increase based on the local consumer price index, an amount consistent with the increase in the median income since the date of purchase, or the fair market value, whichever is less.

Before offering an affordable housing unit for sale, the seller shall provide written notice to the city of 86 their intent to sell. The notice shall be provided by certified mail to the Community Development Director, or his or her designee.
(B) Units to be offered to the city. Home ownership affordable units constructed, offered for sale, or sold under the requirements of this section shall be offered to the city or its assignee for a period of at least 90 days from the date of the notice of intent to sell is delivered to the city by the first purchaser or subsequent purchasers. Home ownership affordable units shall be sold and resold from the date of the original sale only to households as determined to be eligible for affordable units by the city in compliance with this section. The seller shall not levy or charge any additional fees nor shall any "finder's fee" or other monetary consideration be allowed other than customary real estate commissions and closing costs. (C) Declaration of restrictions. The owners of any affordable unit shall attach and legally reference in the grant deed conveying title of the affordable ownership unit a declaration of restrictions provided by the city, stating the restrictions imposed in compliance with this section. The grant deed shall afford the grantor and the city the right to enforce the declaration of restrictions. The declaration of restrictions shall include all applicable resale controls, occupancy restrictions, and prohibitions required by this section. (D) City to monitor resale of units. The city shall monitor the resale of ownership affordable units. The city or its designee shall have a 90-day option to commence purchase of ownership affordable units after the owner gives notification of intent to sell. Any abuse in the resale provisions shall be referred to the city for appropriate action.
(Ord. 920 C.S., passed 5-20-15)
§ 10-3-5.111 JUDICIAL RELIEF, WAIVER OF STANDARDS.
(A) Judicial relief. As provided by Cal. Gov’t Code § 65915(d)(3), the applicant may initiate judicial proceedings if the city refuses to grant a requested density bonus, incentive, or concession. (B) Waiver of standards preventing the use of bonuses, incentives, or concessions. (1) As required by Cal. Gov’t Code § 65915(e), the city shall not apply a development standard that will have the effect of precluding the construction of a development meeting the criteria of § 10-3-

5.102(A), above, at the densities or with the concessions or incentives allowed by this chapter. (2) An applicant may submit to the city a proposal for the waiver or reduction of development and zoning standards that would otherwise inhibit the utilization of a density bonus on a specific site, including minimum parcel size, side setbacks, and placement of public works improvements. (3) The applicant shall show that the waiver or modification is necessary to make the housing units economically feasible.
(C) City exemption. Notwithstanding the provisions of subsections (A) and (B), above, nothing in this section shall be interpreted to require the city to:
(1) Grant a density bonus, incentive, or concession, or waive or reduce development standards, if the bonus, incentive, concession, waiver, or reduction would have a specific, adverse impact, as defined in Cal. Gov’t Code § 65589.5(d)(2), upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; or (2) Grant a density bonus, incentive, or concession, or waive or reduce development standards, if the bonus, incentive, concession, waiver, or reduction would have an adverse impact on any real property that is listed in the California Register of Historical Resources. (Ord. 920 C.S., passed 5-20-15)

REASONABLE ACCOMMODATION
87 § 10-3-5.201 PURPOSE.

It is the policy of the City, pursuant to the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (hereafter “fair housing laws”), to provide individuals with disabilities reasonable accommodation in rules, policies, practices, and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. This chapter establishes a procedure for making requests for reasonable accommodation in land use, zoning, and building regulations, policies, practices, and procedures of the City to comply fully with the intent and purpose of fair housing laws.

This purpose of this chapter is to provide a procedure for individuals with disabilities to request reasonable accommodation in seeking equal access to housing under the federal Fair Housing Act and the California Fair Employment and Housing Act (hereafter "Acts") in the application of zoning laws and other land use regulations, policies, and procedures.
§ 10-3-5.202 APPLICABILITY.
(A) A request for reasonable accommodation may be made by any person with a disability or their representative, when the application of a requirement of this zoning code or other city requirement, policy, or practice acts as a barrier to fair housing opportunities. For the purposes of this chapter, a "person with a disability" is any person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. This chapter is intended to apply to those persons who are defined as disabled under the Actsfair housing laws. (B) A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.
(C) A reasonable accommodation is granted only to the household that needs the accommodation and does not apply to successors in interest to the site.
(D) A reasonable accommodation may be granted in compliance with this chapter without the need for the approval of a variance.
§ 10-3-5.203 PROCEDURE.
(A) A request for reasonable accommodation shall be submitted on an application form provided byto the Community Development Department or in the form of a letter to the Director of Community Development Department, and shall contain the following information:
(1) The applicant's name, address, and telephone number; (2) Address of the property for which the request is being made; (3) The current use of the property;
(4) The basis for the claim that the individual is considered disabled under the Acts, including verification of such claim;
(5) The zoning code provision, regulation, or policy from which reasonable accommodation is being requested; and
(6) Why the reasonable accommodation is necessary to make the specific property accessible to the individual.
88 (B) If the project for which the request for reasonable accommodation is being made requires some other discretionary approval (including use permit, design review, etc.), then the applicant shall file the information required by subsection (A) of this section for concurrent review with the application for discretionary approval.
(C) A request for reasonable accommodation shall be reviewed by the Director of Community Development Department or his or her designee, if no approval is sought other than the request for reasonable accommodation. The Community Development Director or his or her designee shall make a determination on the application for Reasonable Accommodation within 30 days from receipt of the application. Should additional information, consistent with fair housing laws, be requested from the applicant, the 30-day time period for making a determination on the application shall be suspended until the additional information is provided. If the Community Development Director fails to make a determination within the effective 30 days, the application shall be deemed approved. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.written determination within 45 days of the application being deemed complete and either grant, grant with modifications, or deny a request for reasonable accommodation.
(D) Written notice of decision shall be provided within three business days of the date of decision to the applicant and interested parties who have requested notices in writing. The notice shall include:

1. The application request as acted upon by the Community Development Director.

2. The action taken by the Community Development Director.

3. Findings as listed for the permit.

4. The deadlines, criteria, and fees for filing an appeal. (E) A request for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the Planning Commission. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the Planning Commission in compliance with the applicable review procedure for the discretionary review. § 10-3-5.204 APPROVAL FINDINGS.

The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following factors:
(A) The housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws. Whether the housing in the request will be used by a person with a disability under the Acts;
(B) Whether tThe request for reasonable accommodation is necessary to make specific housing available to a person with a disability protected under the fair housing lawsunder the Acts.; (C) Whether the requested reasonable accommodation would impose an undue financial, administrative or enforcement burden on the cityThe requested accommodation would not impose an undue financial or administrative burden on the City, as “undue financial or administrative burden” is defined in fair housing laws.;
(D) The requested accommodation will not result in a fundamental alteration in the nature of the City’s zoning program, as “fundamental alteration” is defined in fair housing laws and interpretive case law.Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning; (E) The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others.Potential impact on surrounding uses;
(F) Physical attributes of the property and structures; and --
89 (G) Other reasonable accommodations that may provide an equivalent level of benefit. (Ord. 920 C.S., passed 5-20-15)
§ 10-3-5.205 CONDITIONS OF APPROVAL.

In granting a request for reasonable accommodation, the Director of Community Development Department or his or her designee, or the Planning Commission as the case might be, may impose any conditions of approval in order to achieve the purposes of this title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings. The conditions shall also state whether the accommodation granted shall be removed in the event that the person for whom the accommodation was requested no longer resides on the site. (Ord. 920 C.S., passed 5-20-15)
§ 10-3-5.206 APPEALS.
(A) Any person dissatisfied with any action of the Director of the Community Development Department pertaining to this chapter may appeal to the Planning Commission within ten 30 days after written notice of the Director's decision is sent to the applicantfrom the day of decision. The appeal is taken by filing a written notice of appeal with the Director of Community Development Department and shall specify the reasons for the appeal and the grounds asserted for relief. (B) Any person dissatisfied with any action of the Planning Commission pertaining to this chapter may appeal to the City Council within ten 30 days after the rendition of the decision of the Planning Commission. The appeal is taken by filing a written notice of appeal with the Director of Community Development Department and shall specify the reasons for the appeal and the grounds asserted for relief.
(C) The City Council shall, by resolution, adopt and from time to time amend a fee for the filing of appeals.

Such fee shall be for the sole purpose of defraying costs incurred for the administration of appeals. The fee for an appeal shall be paid at the time of and with the filing of an appeal. No appeal shall be deemed valid unless the prescribed has been paid.
(D) If an appeal is not filed within the time or in the manner prescribed in this section, the right to review of the action against which the complaint is made shall be deemed to have been waived. (E) After filing an appeal, the appropriate hearing body shall conduct a public hearing for the purpose of determining whether the appeal should be granted. Written notice of the time, date and place of hearing shall be given to the appellant, and to any other persons who have filed a written request for notice.

Such notices shall be mailed to the appellant and the applicant at least ten days prior to the hearing. (F) The appropriate hearing body Planning Commission or City Council shall review de novo the entire proceeding or proceedings relating to the decision, and may make any order it deems just and equitable, including the approval of the application. Any hearing may be continued from time to time. (G) At the conclusion of the hearing, the hearing body shall prepare a written decision which either grants or denies the appeal and contains findings of fact and conclusions. The written decision, including a copy thereof shall be provided to the appellant and the project applicant. § 10-3-5.207 AMENDMENTS
Any amendments affecting an approved Reasonable Accommodation shall be handled as a new application.
§ 10-3-5.208 CONSIDERATION FACTORS
I -
90 (A) Necessity of Accommodation. The City may consider, but is not limited to, the following factors in determining whether the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling:
(1) Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability;
(2) Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation; (3) In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants; and
(4) In the case of a residential care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting.
(B) Fundamental Alteration to Zoning Program. The City may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the City’s zoning program:
(1) Whether the requested accommodation would fundamentally alter the character of the neighborhood;
(2) Whether the requested accommodation would result in a substantial increase in traffic or insufficient parking;
(3) Whether the requested accommodation would substantially undermine any express purpose of either the City’s general plan or an applicable specific plan; and (4) In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.

RCO; RESOURCE CONSERVATION AND OPEN SPACE ZONING
§ 10-3.601 RCO; PURPOSES AND APPLICATION.

This zoning is intended to provide for permanent open spaces in areas of the community which exhibit significant vegetation, scenic qualities, wildlife, or recreational potential, including areas designated as open space on the General Plan, drainage ponds for recreational use, and areas reserved to reduce conflicts between land uses.
§ 10-3.602 RCO; PERMITTED USES.

The land uses permitted within the RCO zone are herein defined and delineated by location within the RCO zone and the required permit approval procedure.
(A) P. Permitted use.
(B) CUP. Conditional use permit required.
(C) AA. Administrative approval required.
(D) NP. Not permitted.
91 LOCATION WITHIN RCO ZONE
Airport Clear
Zone
Airport Approach
Zone
Other RCO
Areas
Raising of field crops P P P
Orchard and vineyards NP CUP P
Raising of livestock and
rangeland

NP CUP P
Flood control channels,
water pumping station,
ditches, and canals

CUP CUP P

LOCATION WITHIN RCO ZONE
Airport Clear
Zone
Airport Approach
Zone
Other RCO
Areas
Reservoirs, settling, and
water conservation recharge
basins

NP CUP P
Streets and roads CUP CUP P
Off-street parking and
landscaping

NP CUP AA
Bikeways and pedestrian
trails

NP CUP AA
Drainage ponds NP CUP AA
Recreation areas, parks,
playgrounds, wildlife
preserves, and related
buildings, structures, and
facilities

NP CUP CUP
One-family dwelling
related to agricultural and
recreational uses

NP CUP CUP
Incidental and accessory
structures and uses on site
of a conditional use

NP CUP CUP
Cemeteries NP CUP CUP
Gas and electric
transmission lines,
electrical transmission and
distribution substations, gas
regulator stations,
communication equipment
and facilities, public service
pumping stations, and
elevated pressure tanks

NP CUP CUP
92 § 10-3.603 RCO-PERMITTED USES; ADMINISTRATIVE
APPROVAL (REPEALEDRESERVED).
§ 10-3.604 RCO-CONDITIONAL USES; COMMISSION APPROVAL (REPEALEDRESERVED). § 10-3.605 RCO; DISTANCES BETWEEN STRUCTURES.

The minimum distance between a one-family dwelling and another structure shall be ten feet, provided, however, that no structure housing animals shall be closer than 25 feet to any dwelling on the site or to any side yard property line.
§ 10-3.606 RCO; BUILDING HEIGHT.

No building or structure shall have a height greater than 65 feet, provided that additional height may be permitted if a use permit is first secured.

PF; PUBLIC FACILITIES ZONE
§ 10-3-6.501 PF; PURPOSE AND APPLICATION.

This zone is designed to retain and provide land areas for public use and to place the public and all elected officials and public agencies on notice of proposed changes in the use of such land. § 10-3-6.502 PF; PERMITTED USES.
(A) All city, county, state, and federal offices or facilities, including, but not limited to civic centers, fire and police stations, libraries, and post offices.
(B) All city, county, state, and federal offices or facilities leased from private individuals or other government agencies for a period of more than five years. (C) All city, county, state, or federally owned or operated parks, playgrounds, recreation areas, open spaces, sumps, and landfills.
(D) All offices and facilities owned or operated by public school districts including state colleges and junior colleges.
(E) The offices and facilities owned or operated by any public governmental agency, or any body of persons charged with the responsibility of administering publicly owned or operated property including, but not limited to redevelopment agencies, water districts, school districts, and recreation districts. § 10-3-6.503 PF; CONDITIONAL USES; COMMISSION APPROVAL.

Property located in the PF zone may be used for private purposes when a conditional use permit has been granted in accordance with the provisions of the Interpretation, Enforcement, Violations, and Penalty subchapter. In no case shall a conditional use permit be issued for a period exceeding five years from the date of issuance.
93 Property located in the PF, Public Facility Zone, may also be used for gas and electric transmission lines, electrical transmission and distribution substations, gas regulator stations, communication equipment and facilities, public service pumping stations, and elevated pressure tanks provided a use permit is first secured.
§ 10-3-6.504 PF; REQUIRED CONDITIONS.

A conditional use permit shall not be granted unless the Planning Commission makes the following determinations:
(A) The use is compatible with, and will not adversely affect, the adjacent uses. (B) That no permanent structure shall be provided with such use. (C) That adequate landscaping, fencing, paving, and other improvements be provided to protect and/or enhance the overall appearance of the area in which such uses are situated. § 10-3-6.505 PF; BUILDING HEIGHT.

No building or structure shall have a height greater than 65 feet, provided that additional height may be permitted if a use permit is first secured.

PROFESSIONAL OFFICE ZONES
§ 10-3.751 PROFESSIONAL OFFICE ZONES.

The Professional Office zone is intended to provide opportunities for the location of professional and commercial offices and their related uses in close relationship to one another outside of commercial districts; to provide adequate space to meet the needs of such offices for off-street parking and loading space; and to protect such offices from noise, disturbances, traffic hazards, and other objectionable influences incidental to commercial and industrial uses. The Professional Office zone is also intended for application to those areas of the city where it is necessary and desirable to encourage the full development of properties which lie between residential and nonresidential districts and which, because of neighborhood conditions, amount of vehicular traffic, and location factors, cannot be practically included within residential districts as provided by this chapter. § 10-3.752 USES PERMITTED.
(A) The following uses shall be permitted in the Professional Office zone:
(1) Offices which deal primarily in professional services in which goods, wares, and merchandise are not commercially created, sold, or exchanged;
(2) Administrative and business offices;
(3) Medical and dental buildings;
(4) Existing residential buildings;
(5) Accessory structures and uses, not including warehouses, on the same site as a permitted use; and (6) Signs subject to the provisions of Chapter 6 of this title. (7) Low Barrier Navigation Centers
(8) Supportive Housing.
(9) Transitional Housing.
94 (B) The following uses shall be allowed with approval by thean Administrative Approval Zoning Administrator;
(1) The office use of buildings once used for residential purposes. (2) Mortuaries.
(3) Art galleries.
(4) Gas and electric transmission lines, electrical transmission and distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations, and elevated pressure tanks.
(C) A use permit shall be secured for each of the following:
(1) New residential uses, except single family dwellings, and the expansion of existing residential uses, if such expansion results in new family dwelling units or increases the capacity in a boardinghouse or similar quarters;
(2) Public and private charitable institutions, general hospitals, sanitariums, and nursing and convalescent homes;
(3) Public parks, playgrounds, and other public recreation facilities; (4) Private clubs and lodges;
(5) Churches and other religious institutions;
(6) Public and private libraries and museums; and
(7) Accessory structures and uses located on the same site as a conditional use, including, but not limited to:
(a) Enclosed restaurants (no drive-through restaurants); (b) Tobacco, candy, newspaper, and magazine counters; and (c) Prescription pharmacies;
(8) Dance studios;
(9) Banks, savings and loans, credit unions, and other financial institutions; and (10) Beauty shops and barbershops, including a minor amount of retail sales activity associated with the operation of the shop, and which is accessory and incidental to, and does not alter the nature or character of the primary use. Accessory retail sales shall not exceed 30% of the total revenues for the business in any period.
(11) Single Room Occupancy Units
§ 10-3.753 SITE AREA.

The minimum lot area for interior lots shall be 5,000 square feet for each building or group of buildings with a minimum lot width of 50 feet. The minimum lot area for corner lots shall be 6,000 square feet. § 10-3.754 HEIGHT OF STRUCTURES.

Structures shall be limited to a single story not to exceed 35 feet, unless otherwise authorized by the Commission. The maximum height for accessory buildings shall be 15 feet. § 10-3.755 LOT COVERAGE.

A maximum of 75% of the lot area shall be permitted for aggregate building coverage, including both main and accessory buildings.
§ 10-3.756 YARD REQUIREMENTS.
95 (A) Front yard. Where all the frontage between two intersecting streets is located in a Professional Office zone, there shall be a front yard of not less than ten feet. Where the frontage is located partially in any R zone block, the front yard requirement of the R zone shall apply to the Professional Office zone; provided, however, where two or more lots in a block have been improved with buildings, the minimum required front yard setback shall be the average of all improved lots. (B) Side yards. The minimum interior side yard setback shall be five feet except that a zero setback shall be permitted along the common interior lot line of structures which are developed as a unit. The minimum street side yard on corner lots shall be ten feet except that the street side yard on the rear ½ of a corner lot shall not be less than the front yard required on the adjacent lot where such lot fronts onto the adjacent street.
(C) Rear yard. The minimum rear yard space required shall be five feet except that the Community Development Director may approve an encroachment into the setback with such conditions as the Director may deem appropriate when the adjacent property is located in any PO, C, or I zone.

LIGHT COMMERCIAL ZONES
§ 10-3.801 C-1 ZONES.

The regulations set forth in this subchapter shall apply in the C-1 Light Commercial zone, unless otherwise provided in this chapter.
§ 10-3.802 USES PERMITTED.
(A) The following retail stores selling new merchandise exclusively and personal service establishments within a building, including:
(1) Appliance stores, sales and repair;
(2) Bakeries, limited to retail sales on the same premises; (3) Banks;
(4) Barber shops;
(5) Beauty parlors;
(6) Bicycle repair and sales;
(7) Book stores;
(8) Candy stores;
(9) Department stores;
(10) Dressmaking or millinery shops;
(11) Drug stores;
(12) Dry goods or notions stores;
(13) Florist shops;
(14) Food stores (groceries, fruits, and vegetables);
(15) Hardware stores;
(16) Insurance offices;
(17) Jewelry stores;
(18) Meat markets or delicatessens;
(19) Nurseries (plant material and supplies);
(20) Offices, business or professional;
96 (21) Service stations, but not including auto engine and transmission overhauling, tire rebuilding, or battery manufacture;
(22) Restaurants and cafes;
(23) Shoe shops, sales and repair;
(24) Stationery stores;
(25) Studios, photographic;
(26) Tailor shops;
(27) Single bay, fully automatic car wash accessory to a permitted use; and (28) Apparel stores and boutiques;
(29) Art galleries;
(30) Arts and craft studios;
(31) Automobile parts and supply stores;
(32) Clinics (medical and dental);
(33) Electrical appliance repair shop (small appliances only); (34) Hobby supplies and craft sales;
(35) Laundries;
(36) Laundromat, self serve;
(37) Locksmith and key shops;
(38) Newspaper and magazine stands;
(39) Pet shops;
(40) Pharmacies;
(41) Video arcades of five or fewer games;
(42) Cannabis and cannabis product retail sales as authorized under the Cannabis Permit Ordinance of the City of Madera in Chapter 5 of Title VI of the Madera Municipal Code. (43) Other retail businesses or retail commercial enterprises which are similar in character or rendering neighborhood commercial services and are not more detrimental to the welfare of the neighborhood in which located than any use listed in this subsection, unless such business or enterprise is hereafter in this chapter specifically listed in another classification. (44) Low Barrier Navigation Centers
(45) Supportive Housing.
(46) Transitional Housing.
(B) The following uses shall be permitted subject to approval by the Zoning Administratoran Administrative Approval:
(1) Gas and electric transmission lines, electrical transmission and distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations, and elevated pressure tanks.
(2) Mortuaries;
(3) Secondhand sales;
(4) Temporary outdoor display of merchandise and sales activities. (C) A use permit shall be secured for each of the following:
(1) Animal hospitals;
(2) Automobile repair shops;
(3) Bakeries, wholesale;
(4) Drive-thru restaurants;
(5) Drive-thru banks;
(6) Major cleaning and dyeing centers (does not include local drop-off establishments); (7) Creameries;
(8) Outdoor markets;
(9) Outdoor sales establishments;
(10) Public garages;
(11) Theaters;
97 (12) Used car sales lots;
(13) Full-service car washes as independent and primary land uses; and (14) Billiard parlors;
(15) Bowling lanes;
(16) Liquor stores (packaged);
(17) Martial arts studios;
(18) New car sales;
(19) Video arcades of more than five games; and
(20) Other uses which, in the opinion of the Commission, are of a similar nature; (21) Any use permitted in any R zone, except single family dwellings;. (22) Single Room Occupancy Units.
(D) The stores, shops, and businesses specified in this section shall be retail establishments selling merchandise exclusively and shall be permitted only under the following conditions:
(1) Products made incidental to a permitted use shall be sold at retail on the premises; and (2) All public entrances to such stores, shops, or businesses shall be from the principal street upon which the property abuts or within 50 feet thereof, except that a rear or side entrance from the building to a public parking area may be provided; and
(E) Signs appurtenant to any permitted use may be erected in the C-1 zone subject to all the laws, rules, and regulations of the city pertaining to signs. § 10-3.803 SITE AREA.

The minimum lot area for each main building shall be 2,000 square feet. § 10-3.804 HEIGHT OF STRUCTURES.

The maximum height of any building shall be 50 feet.
§ 10-3.805 YARD REQUIREMENTS.
(A) Front yards. There shall be no requirements for front yards, except where the frontage in a block is partially in an zone, in which case the front yard shall be the same as required in such R zone. (B) Side yards. There shall be no requirements for side yards, except where the side of a lot abuts upon the side of a lot in a R zone, in which case the side yard shall be not less than ten feet. (C) Rear yards. There shall be no requirements for rear yards, except where the rear of a lot abuts on a R zone, in which case the rear yard shall be not less than ten feet.

HEAVY COMMERCIAL ZONES
§ 10-3.901 C-2 ZONES.

The regulations set forth in this subchapter shall apply in the C-2 Heavy Commercial zone, unless otherwise provided in this chapter.
§ 10-3.902 USES PERMITTED.
98 (A) The following uses shall be permitted in the C-2 zone:
(1) Any use permitted in the C-1 zone.
(2) Wholesale stores and storage within buildings.
(3) Building material yards.
(4) Lumber yards.
(5) Used secondhand merchandise within enclosed buildings. (6) Emergency shelter as provided in § 10-3.422.
(7) Cannabis and Cannabis Product Retail Sales as authorized under the Cannabis Permit Ordinance of the City of Madera in Chapter 5 of Title VI of the Madera Municipal Code. (8) Low Barrier Navigation Centers.
(9) Supportive Housing.
(10) Transitional Housing.
(B) The following uses shall be permitted subject to approval by the an Administrative Approval Zoning Administrator:
(1) Temporary outdoor display of merchandise and sales activities. (2) Gas and electric transmission lines, electrical transmission and distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations, and elevated pressure tanks.
(C) The following uses subject to first securing a Use Permit in each case:
(1) Auto wrecking;
(2) Bottling works;
(3) Contractor's yards;
(4) Farm supply store;
(5) Junk yards;
(6) Machine shops;
(7) Planing mills;
(8) Outdoor storage of goods and materials;
(9) Trailer coach camps;
(10) Auction facilities;
(11) Self-service car washes as either a primary or accessory use; (12) Any use permitted in any R zone;
(13) Adult oriented businesses as provided in § 10-7.01 of this title; and (14) Other uses, which in the opinion of the Commission are of a similar nature;. (15) Single Room Occupancy Units.
(D) Light manufacturing, including the manufacture of clothing, novelties, and toys, and uses which in the opinion of the Commission are of a similar nature, and all subject to first securing a use permit in each case; and
(E) Signs appurtenant to any permitted use may be erected in the C-2 zone subject to all the laws, rules, and regulations of the city pertaining to signs. § 10-3.903 SITE AREA.

The minimum lot area for each main building shall be 2,000 square feet. § 10-3.904 HEIGHT OF STRUCTURES.

The maximum height of any building shall be 65 feet, provided that additional height may be permitted if a use permit is first secured.
99 § 10-3.905 YARD REQUIREMENTS.

The requirements for front, side, and rear yards shall be the same as apply in C-1 zones. § 10-3.906 TRAILER CAMP SITE REQUIREMENTS.

No trailer coach shall be used as a place of habitation upon any premises other than a site capable of serving at least ten trailer coaches. The site shall provide for each of the trailer coaches an unoccupied rectangular space of not less than 25 × 25 feet, or its equivalent of 500 square feet when arranged in rows abutting or facing upon a driveway or clear unoccupied space of not less than 20 feet in width, which driveway or space shall have an unobstructed access to a public street or alley. When so arranged, no trailer coach shall be within 25 feet of any public street, alley, or exterior boundary of any campground area.

RESTRICTED COMMERCIAL ZONE
§ 10-3-9.101 C-R ZONE; PURPOSE AND APPLICATION.

This zone is designed to provide limited commercial development complimentary to, and compatible with, residential neighborhoods. Uses are limited and standards are provided to encourage commercial uses beneficial to the immediate neighborhood. It is generally intended that this zone be applied to properties along collector streets on a limited basis.
§ 10-3-9.102 PERMITTED USES.
(A) Residential structures as provided for in the R-1 zone, other than single family dwellings, along with customary accessory buildings;
(B) Professional offices;
(C) Retail sales of new merchandise exclusively and personal service establishments within a building, wherein the floor area of an individual business does not exceed 3,000 square feet and the total floor area of a structure(s) does not exceed 8,000 square feet per parcel and including the following uses:
(1) Bakeries, limited to retail sales on the same premises; (2) Barber shops;
(3) Beauty salons;
(4) Bicycle repair and sales;
(5) Book and video rental stores;
(6) Clothing stores and boutiques;
(7) Candy stores;
(8) Dressmaking, tailor, and millinery shops;
(9) Dry cleaners and laundries, non-industrial;
(10) Florist shops;
(11) Food stores;
(12) Home occupations pursuant to § 10-3.405(H);
(13) Laundromats;
(14) Locksmiths;
(15) Pharmacies;
(16) Small appliance repair;
(17) Art galleries;
100
(18) Hobby, craft, and ceramic shops in which items are sold on the premises; (19) Shoe sale and repair shops; and
(20) Other retail businesses or retail commercial enterprises which are similar in character or render neighborhood commercial services, and are not more detrimental to the welfare of the neighborhood in which located than any use listed in this subsection, unless such business or enterprise is hereafter in this chapter specifically listed in another classification.
(21) Low Barrier Navigation Centers;
(22) Supportive Housing; and
(23) Transitional Housing.
§ 10-3-9.102.1 USES ALLOWED WITH ADMINISTRATIVE APPROVALZONING ADMINISTRATOR'S PERMIT.
(A) The following uses shall be permitted subject to an Aadministrative Aapprovalapproval by the Zoning Administrator:
(1) Commercial use of buildings once used for residential purposes. (2) Gas and electric transmission lines, electrical transmission and distribution substations, gas regular stations, communications equipment buildings, public service pumping stations, and elevated pressure tanks.
(3) Temporary outdoor display of merchandise and outdoor sales activities. § 10-3-9.103 CONDITIONAL USES.
(A) The following uses shall be permitted in the Restricted Commercial Zone with a Use Permit:
(1) Residential structures as provided for in the R-2 zone along with customary accessory buildings; (2) Day care and child care centers;
(3) Liquor stores;
(4) Restaurants and cafes; sales of alcoholic beverages permitted only with the service of food; (5) Sale of fuel, only in conjunction with food stores; (6) Structure(s) in excess of 8,000 square feet of floor area but no greater than 12,000 square feet per parcel;
(7) Businesses with floor area in excess of 3,000 square feet. § 10-3-9.104 SITE AREA.

The minimum lot area for interior lots shall be 5,000 square feet for each building or group of buildings with a minimum lot width of 50 feet. The minimum lot area of corner lots shall be 6,000 square feet. § 10-3-9.105 BUILDING HEIGHT.

No building or structure shall have a height greater than 24 feet. § 10-3-9.106 YARD REQUIREMENTS.
(A) Front yard. Ten feet;
(B) Street side yard. Ten feet;
(C) Interior side yard. None except when adjacent to an R or PD zone or adjacent to a residential use in which case the setback shall be five feet;
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(D) Rear yard. There shall be no minimum rear yard provided, however, that when a C-R zone abuts an R or PD zone, a rear yard shall be provided as specified in § 10-3.508. § 10-3-9.107 OUTSIDE EQUIPMENT.

All roof and wall appurtenances, such as ducts and vents, all mechanical equipment, electrical boxes, meters, pipes, transformers, air conditioners, and all other equipment on the roof or walls of any building shall be completely screened from view with materials compatible with the main buildings on the subject property. Such equipment shall be constructed in such a manner that noise emanating from them shall not be discernible beyond the property lines of the subject property. § 10-3-9.108 ENCLOSURE OF TRASH AND STORAGE AREAS.

All trash and storage areas shall be screened from view by a decorative masonry block wall or other materials architecturally compatible with the main buildings of the development. Access to such areas shall be closed at all times except during loading and unloading. § 10-3-9.109 TIME FOR PICK-UP AND DELIVERY.

Pick-ups, deliveries, and parking lot sweeping shall be allowed only between 7:00 a.m. and 10:00 p.m. where residential uses abut the property.
§ 10-3-9.110 LANDSCAPING.
(A) In addition to parkstrips in the public right-of-way, perimeter landscaping shall be provided in front and street-side yards at an average width of eight feet along street frontages, exclusive of driveways and walkways, but in no case may the landscape area width be less than four feet. (B) In addition to perimeter landscape areas, 5% of all parking areas shall be landscaped. (C) The provisions of the City's Approved Street Tree List for tree types and spacing shall be followed for tree planting in parkstrips and perimeter landscape areas unless an alternate plan, consistent with the intent of this provision, is approved by the Community Development Director. (D) All landscape areas shall be planted so as to have at least 75% vegetative coverage within three years of planting.
(E) All landscape areas shall be fitted with an automatic irrigation system. (F) All landscape areas shall be maintained.

NEIGHBORHOOD COMMERCIAL ZONES
§ 10-3-9.201 C-N ZONES; PURPOSE AND APPLICATION.

The regulations set forth in this subchapter shall apply in the C-N, Neighborhood Commercial zone, unless otherwise provided in the chapter. Neighborhood commercial centers are intended primarily to meet the everyday convenience needs of people residing within surrounding residential neighborhoods for 102
retail convenience goods and personal services. A NEIGHBORHOOD CENTER would typically be anchored by a supermarket, with other stores and shops for drugs, liquor, deli, bakery goods, ice cream shop, gift shop, coffee shop, café, fast food, sandwich shop, or hardware. Services might include small appliance repair, barber, beauty salon, self-service laundry, dry cleaning, shoe repair, and exercise and diet centers. Office services might include medical, dental, accounting, insurance, and a variety of other business and professional services oriented toward household needs. Public and semi-public uses might include a branch library, senior center, day care, lodges, churches, and small education and training centers.
§ 10-3-9.202 PERMITTED USES.
(A) The following retail stores of less than 10,000 square feet gross floor area, offices, and services:
(1) Apparel stores and boutiques;
(2) Art galleries;
(3) Arts and crafts studios;
(4) Automobile parts and supply stores;
(5) Bakeries (retail sales on premises);
(6) Barber shops and beauty salons;
(7) Bicycle sales and repair shops;
(8) Book stores;
(9) Candy stores;
(10) Clothes cleaning establishments (pickup and delivery only); (11) Clinics (medical and dental);
(12) Electrical appliance repair shops (small appliances only); (13) Florists;
(14) Food stores and delicatessens;
(15) Garden supplies and plant nurseries;
(16) Hardware stores;
(17) Hobby supplies and crafts stores;
(18) Locksmith and key shops;
(19) Newspaper and magazine stands;
(20) Pharmacies;
(21) Photography studios;
(22) Professional offices;
(23) Restaurants and cafes;
(24) Self-service laundry establishments;
(25) Shoe sales and repair shops;
(26) Tailoring and dressmaking shops;
(27) Video tape rentals and sales stores;
(28) Variety stores;
(29) Video arcades of five or fewer games.
(30) Residential uses on the same site as a permitted commercial use, consisting of a one-familytwo residential dwelling units above the first floor or on the rear half of the same lot; (31) Other retail businesses or retail commercial enterprises or services which are similar in character or meet the intent of the zone, and are not more detrimental to the welfare of the neighborhood in which they are located than any use listed in this subsection, unless such business or enterprise is hereafter in this chapter specifically listed in another classification. (32) Low Barrier Navigation Centers.
(33) Supportive Housing.
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(34) Transitional Housing.
§ 10-3-9.202.1 USES ALLOWED WITH A ADMINISTRATIVE APPROVALZONING ADMINISTRATOR'S PERMIT.
(A) The following uses shall be permitted subject to approval by thean Administrative Approval Zoning Administrator.
(1) Detached Ssingle-family dwelling in conjunction with a principle permitted use. (2) Gas and electric transmission lines, electrical transmission and distribution substations, communications equipment buildings, public service pumping stations, and elevated pressure tanks. (3) (3) Temporary outdoor display of merchandise and outdoor sales activities. (4) Residential uses on the same site as a permitted commercial use, consisting of up to six residential dwelling units above the first floor or on the rear half of the same lot. § 10-3-9.203 CONDITIONAL USES.
(A) The following uses shall be permitted in the Neighborhood Commercial Zone with a Use Permit:
(1) Retail stores listed above containing more than 10,000 square feet of gross floor area; (2) Local governmental offices;
(3) One single-family dwelling not in conjunction with a principal permitted use; (43) Service stations (no engine repair);
(45) Parks, playgrounds, schools;
(56) Bowling lanes;
(67) Churches;
(78) Private clubs and lodges;
(89) Fast food restaurants with drive-through facilities; (910) Liquor stores (packaged);
(101) Video arcades of more than five games; and
(112) Other retail businesses or retail commercial enterprises or services determined by the Planning Commission to be similar in character or meet the intent of the zone, and are not more detrimental to the welfare of the neighborhood in which they are located than any use listed in this subsection, unless such business or enterprise is hereafter in this chapter specifically listed in another classification. (13) Single Room Occupancy Units.
(14) Residential uses on the same site as a permitted commercial use, consisting of up to ten residential dwelling units above the first floor or on the rear half of the same lot. § 10-3-9.204 LIMITATIONS ON USE.
(A) No businesses dealing in wholesale or used goods or commodities shall be permitted, except in the case of articles taken in trade on sale of new merchandise on the same premises. (B) All business shall be conducted entirely within a wholly enclosed building, excepting uses customarily conducted in the open.
(C) No products shall be made on site unless incidental to a permitted use and sold at retail on the same premises.
§ 10-3-9.205 SITE AREA.
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The minimum lot area for interior lots shall be 5,000 square feet for each building or group of buildings with a minimum lot width of 50 feet. The minimum lot area for corner lots shall be 6,000 square feet. § 10-3-9.206 BUILDING HEIGHT.

No building structure shall have a height greater than 35 feet. § 10-3-9.207 YARD REQUIREMENTS.
(A) Front yard. Ten feet, except when adjacent to an R or PD zone or adjacent to a residential use, in which case the setback shall be 15 feet.
(B) Street-side yard. Ten feet, except when adjacent to the front yard of a residential use or a property in an R or PD zone, in which case the setback shall be 15 feet. (C) Interior side yard. None, except when adjacent to an R or PD zone, in which case the setback shall be five feet.
(D) Rear yard. None, except when immediately adjacent to an R or PD zone, in which case a rear yard shall be provided as specified in § 10-3.508(D).
§ 10-3-9.208 OUTSIDE EQUIPMENT.
(A) All roof and wall appurtenances, such as mechanical equipment, electrical transformers, air conditioners, and all other equipment on the roof or walls of any building shall be completely screened from view from public streets with materials compatible with the main buildings on the subject property.

Such equipment shall be constructed in such a manner that noise emanating from them shall not be discernible beyond the property lines of the subject property. (B) All trash and storage areas shall be screened from view from public streets by a decorative masonry block wall or other materials architecturally compatible with the main buildings of the development. Access to such areas shall be closed at all times, except during loading and unloading. § 10-3-9.209 LANDSCAPING AND FENCING.
(A) In addition to any landscaping in the public right-of-way, perimeter landscaping shall be provided in front and street side yards at an average width of eight feet along the street frontages, exclusive of driveways and walkways, but in no case may the landscape area width be less than four feet. (B) In addition to perimeter landscape areas, 5% of all parking areas shall be landscaped. (C) The provisions of the City's Approved Street Tree List for tree types and spaces shall be followed for tree planting in parkstrips and perimeter landscape areas unless an alternative plan is approved by the Community Development Director.
(D) All landscape areas shall be planted so as to have at least 75% coverage within three years of planting.
(E) All landscape areas shall be fitted with an automatic irrigation system. (F) Perimeter masonry fencing with a minimum height of eight feet shall be required adjacent to any R or PD zone in accordance with § 10-3.412.

HIGHWAY COMMERCIAL ZONES
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§ 10-3-9.301 C-H ZONES; PURPOSE AND APPLICATION.

The regulations set forth in this subchapter shall apply in the C-H, Highway Commercial zone, unless otherwise provided in the chapter. This zone is designed to provide for businesses or services which rely on visibility from highways and/or serve the needs of the traveling public. It is intended to encourage development of open, uncrowded, and attractive projects that will enhance the major thoroughfares on which they are located. Small scale businesses and general commercial uses that do not fit this criteria would not be allowed. Uses that generally are dependent on a regional as well as the local population for their support are allowed. It is intended that areas with this designation would have good highway access and would not be developed until all urban services are available. § 10-3-9.302 PERMITTED USES.
(A) The following uses shall be permitted in the Highway Commercial Zone:
(1) Hotels, motels;
(2) Restaurants, coffee shops;
(3) Motorcycle sales and service shops;
(4) Auto service stations with accessory repair and maintenance; (5) Bus depots and transit stations;
(6) Automotive sales new and used;
(7) RV sales and service facilities;
(8) Mini-storage facilities;
(9) Utility trailer sales establishments;
(10) Boat sales and service centers;
(11) Furniture and large appliance stores;
(12) Factory outlet shopping centers;
(13) Mobile homes sale establishments (new only);
(14) Government or other public services establishments that require convenient freeway access:
(15) Single bay, fully automatic car wash accessory to a permitted use; (16) Full-service car washes as independent and primary land uses; and (17) Other retail businesses or retail commercial enterprises or services which are similar in character and are not more detrimental to the welfare of the neighborhood in which they are located than any use listed in this subsection, unless such business or enterprise is hereafter in this chapter specifically listed in another classification.
§ 10-3-9.302.1 USES ALLOWED WITH ADMINISTRATIVE APPROVALZONING ADMINISTRATOR PERMIT.
(A) The following uses shall be permitted subject to an Administrative Approvalapproval by the Zoning Administrator:
(1) Gas and electric transmission lines, electrical transmission and distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations, and elevated pressure tanks.
§ 10-3-9.303 CONDITIONAL USES.
(A) The following uses shall be permitted with a Use Permit:
(1) Drive-in theaters;
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(2) Overnight RV and travel trailer parks;
(3) Truck stops and terminals;
(4) Truck sales and services establishments;
(5) Auto repair garages and car washes;
(6) Bowling lanes;
(7) Fuel storage and distribution facilities;
(8) Farm machinery sales and services establishments;
(9) Fast food restaurants with drive-through facilities; (10) Self-service car wash facilities as either primary or accessory uses; and (11) Other retail businesses or retail commercial enterprises or services determined by the Planning Commission to be similar in character and are not more detrimental to the welfare of the neighborhood in which they are located than any use listed in this subsection, unless such business or enterprise is hereafter in this chapter specifically listed in another classification. § 10-3-9.304 ACCESSORY USES.

The following structures and uses shall be permitted in Highway Commercial zones when accessory to a use permitted by the provisions of this subchapter:
(A) Incidental sales in connection with a permitted use; (B) Accessory uses and structures customarily appurtenant to a permitted use; and (C) Recreational facilities for employees and guests.
§ 10-3-9.305 LIMITATIONS ON USE.
(A) No uses shall be permitted in a C-H zone which may be obnoxious or offensive by reason of odor, dust, gas, smoke, noise, vibration, heat, glare, or hazards of similar nature. (B) All sales activities, other than vehicular related businesses, shall be conducted entirely within a wholly enclosed building.
§ 10-3-9.306 SITE AREA.

No building or structure shall have a height greater than 50 feet, provided that additional height may be permitted if a use permit is first approved.
§ 10-3-9.308 YARD REQUIREMENTS.
(A) Front yard. Ten feet, except when adjacent to an R or PD zone or adjacent to a residential use, in which case the setback shall be 15 feet.
(B) Street side yard. Ten feet, except when adjacent to the front yard of a residential use or a property in an R or PD zone, in which case the setback shall be 15 feet. (C) Interior side yard. None, except when adjacent to an R or PD zone or adjacent to a residential use, in which case the setbacks hall be five feet.
(D) Rear yard. None, except when immediately adjacent to an R or PD zone, in which case a rear yard shall be provided as specified in § 10-3.508(D).
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(E) Whenever the side rear of a lot is adjacent to the right-of-way of Highway 99, the appearance of proposed uses must be considered relative to their orientation, architecture, building heights, lighting provisions, and sign programs. Such yard area shall be a minimum of 40 feet. § 10-3-9.309 OUTSIDE EQUIPMENT.
(A) All roof and wall appurtenances, such as mechanical equipment, electrical transformers, air conditioners, and all other equipment on the roof or walls of any building shall be completely screened from view from public streets with materials compatible with the main buildings on the subject property.

Such equipment shall be constructed in such a manner that noise emanating from them shall not be discernible beyond the property lines of the subject property. (B) All trash and storage areas, except from vehicular sales display areas, shall be screened from view from public streets by a decorative masonry block wall or other materials architecturally compatible with the main buildings of the development. Access to such areas shall be closed at all times, except during loading and unloading.
§ 10-3-9.310 LANDSCAPING AND FENCING.
(A) In addition to any landscaping in the public right-of-way, perimeter landscaping shall be provided in front and street side yards at an average width of eight feet along the street frontages, exclusive of driveways and walkways, but in no case may the landscape area width be less than four feet. (B) In addition to perimeter landscape areas, 5% of all parking areas shall be landscaped. (C) The provisions of the City's Approved Street Tree List for tree types and spacing shall be followed for tree planting in parkstrips and perimeter landscape areas unless an alternate plan is approved by the Community Development Director.
(D) All landscape areas shall be planted so as to have at least 75% coverage within three years of planting.
(E) All landscape areas shall be fitted with an automatic irrigation system. (F) Perimeter masonry fencing with a minimum height of eight feet shall be required adjacent to any R or PD zone in accordance with § 10-3.412.

WEST YOSEMITE AVENUE OVERLAY ZONE (WY)
§ 10-3-9.401 PURPOSE.

The purpose and intent of this WY Overlay zone is:
(A) To provide for the orderly transition of the West Yosemite Avenue area from residential to nonresidential uses consistent with the General Plan;
(B) To recognize, maintain, and enhance the West Yosemite Avenue streetscape and architectural character of the neighborhood;
(C) To maximize the compatibility of uses and maintain the value of property during the transition period through the establishment of development standards and review procedures. § 10-3-9.402 APPLICABILITY.
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(A) This zone is intended to be applied to all properties adjacent to West Yosemite Avenue between J and Q Streets for a lot depth not to exceed 175 feet.
(B) To accomplish the stated purpose and intent, this overlay zone shall be combined with all zones except the R-1 zone. It is to be applied in conjunction with any zone change in the applicable area. (C) Any property rezoned from R-1 prior to the effective date of the subchapter shall not be further rezoned nor shall a new use be made of the property until the WY Zone is applied. § 10-3-9.403 USE PERMITS REQUIRED.
(A) In addition to uses which require a use permit in the underlying zone, all new construction, major exterior change, alteration, or addition shall be subject to a use permit. Applications for use permits shall be accompanied by detailed site and landscape plans. Building elevation and a list of exterior building materials will be required for new construction, exterior remodeling, and building additions. (B) The Planning Commission will review applications for their compliance with the purpose and development standards of the zone.
§ 10-3-9.404 DEVELOPMENT STANDARDS.

The following development standards apply to all properties in the WY Overlay zone and shall supersede the requirements of the underlying zone.
(A) Setbacks.
(1) Front yard. 15 feet.
(2) Side yard.
(a) Interior five feet, exterior street side yard ten feet. (b) Except in no event may any structure or parking area be placed within 15 feet of the West Yosemite right-of-way.
(3) Rear yard. Ten feet with no windows or two feet per vertical foot of building height measured at the top of highest window, whichever is greater.
(B) Parking.
(1) Off-street parking space requirements shall be those set forth in the Off-Street Parking Regulations subchapter of this chapter, however, in no case shall there be less than five off-street spaces provided for nonresidential uses.
(2) No parking shall be provided in the required front yard or within the West Yosemite Avenue setback.
(3) No parking shall be permitted within the required landscape areas except as provided in subsection § 10-3-9.404(C) below.
(4) Parking areas shall be constructed to city standards. (5) Access shall be provided between parking areas and business entries by means of a walkway of not less than three feet in width.
(6) Lighting shall be arranged to reflect away from premises on which any dwelling unit is located. (C) Landscaping. The following minimum standards shall apply to properties in this zone:
(1) All required front yards and street-side yard setback areas, exclusive of walkways and driveways, shall be landscaped except that parking may encroach five feet into a required street side yard setback. (2) A landscaped area of not less than four feet in width shall be provided along all interior side and rear property lines except where this requirement conflicts with an access driveway leading to the rear of the lot, such landscaping requirement may be reduced to assure adequate access with Planning Commission approval; or when adjacent parcels share driveways and or parking areas, the landscaping along affected portions of common lot lines may be waived. 109
(3) Screen planting and a six-foot solid fence or wall shall be provided along all interior side and rear property lines abutting an R zone. Shrubs and fences may not exceed three feet in the required front or street-side-yard.
(4) In addition to landscaping required in paragraphs § 10-3-9.404(C)(1) and (2) above, 5% of the parking area shall be landscaped.
(5) Shade trees shall be planted within the parking area to provide 40% shade at high noon with full foliage within five years of planting.
(6) Trees shall be a minimum size of five gallons at planting; shrubs shall be a minimum of one gallon.
(7) Retention and maintenance of existing trees is encouraged. No tree, located in the street right-ofway nor in a required front yard, which exceeds four feet in circumference at a height of three feet in height shall be removed without first obtaining the approval of the Planning Commission. In the event of an emergency, where the tree poses a threat to persons or property, the Planning Director may authorize the immediate removal of the tree.
(8) Vegetative matter shall cover 75% of the landscaped areas. (9) All landscaping areas shall be fitted with an irrigation system and shall be maintained in accordance with the approved plan.
(10) All trash areas shall be enclosed utilizing materials compatible with the structure. (D) Architectural character. Structural style, scale, and quality of design shall be such that it blends with and is complementary to adjacent structures and the character of the area. Building colors and materials; roof pitch height and materials; screening of exterior appurtenances; lighting; and window placement will be factors considered in the architectural review element of the use permit. It is not the intent of this zone to control architecture style so rigidly that individual initiative is hindered, but rather it is the intent that any control exercised be the minimum necessary to achieve the purpose and intent of this zone.
(E) Signs.
(1) The protection of the character of the streetscape is a stated purpose of this subchapter. Signage is to be kept to a minimum to protect the streetscape while allowing for adequate identification. (2) Placement of signs if governed under § 10-6.05 (A) of this chapter except as otherwise specified in this section.
(3) The following sign criteria is established:
(a) Ground signs. One non-illuminated double-face ground sign for each parcel subject to the following provisions:

1. Maximum sign area and dimensions. Ground signs may not exceed eight square feet in area.

The message area, including background area, shall not exceed a vertical height of two feet. The maximum sign height shall not exceed four feet above average ground level.

2. Sign placement. Perpendicular to the street; a minimum of three feet behind sidewalk.

3. Street number. Every ground sign must incorporate the street number into the message area.

Such numbers may not be less than four inches in height and must be compatible with the style of the sign message.

4. Letters. Routed or raised-wood letters; color is at the option of the applicant/owner. (b) Wall/window sign. One wall or window sign not exceeding three square feet in area for each business at each major business entrance door.
(c) Directional sign. To encourage maximum use of the off-street parking located at the rear of a parcel, a directional sign not exceeding two square feet shall be provided adjacent to the driveway or in conjunction with the ground sign. The materials shall be compatible with those of the ground sign and the sign height shall not exceed four feet.
(d) Nonconforming signs. Signs which became nonconforming upon application of the West Yosemite zone shall be brought into compliance at the time of any change to the sign other than routine maintenance.
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INDUSTRIAL ZONES
§ 10-3.1001 I ZONES.

The regulations set forth in this subchapter shall apply in all I industrial zones unless otherwise provided in this chapter.
§ 10-3.1002 USES PERMITTED.
(A) The following uses shall be permitted in I zones:
(1) Animal hospitals, kennels and veterinarians;
(2) Automobile dismantling and use parts storage, provided such must be conducted wholly within a building;
(3) Boat-building works;
(4) Building materials, sales and storage;
(5) Dairy products processing;
(6) Dwelling for a caretaker or security guard and his immediate family, necessary and incidental to a use located in such zone;
(7) Electrical and electronic instruments, devices and appliances, manufacture and assembly; (8) Garment manufacture;
(9) Ice and cold storage plants;
(10) Laboratory, experimental and testing;
(11) Machine shops;
(12) Pharmaceuticals and drugs, manufacture;
(13) Prefabrication of buildings;
(14) Stone monument works;
(15) Textile manufacturing;
(16) Accessory buildings and uses customarily incidental to any of the above uses; (17) Cultivation, distribution, manufacturing, testing labs as authorized under the Cannabis Permit Ordinance of the City of Madera in Chapter 5 of Title VI of the Madera Municipal Code. (18) Retail only in conjunction with vertical integration business as authorized under the Cannabis Permit Ordinance of the City of Madera in Chapter 5 of Title VI of the Madera Municipal Code. (19) Other retail and wholesale stores or storage and service establishments, light industrial and manufacturing uses determined by the Planning Commission to be similar in character and are not more detrimental to the welfare of the neighborhood in which they are located than any use listed in this subsection, unless such business or enterprise is hereafter in this chapter specifically listed in another classification.
(20) Low Barrier Navigation Centers;
(21) Supportive Housing; and
(22) Transitional Housing.
(B) Uses permitted with an Administrative Approval Zoning Administrator's permit:
(1) Gas and electric transmission lines, electrical transmission and distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations, and elevated pressure tanks.
(2) Food products manufacturing;
(3) Frozen food processing and storage;
(4) Fruit and vegetable canning, packing and processing; (5) Furniture manufacture;
(6) Hatcheries;
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(7) Wood products manufacturing, and;
(C) Any of the following industrial or manufacturing uses provided that those uses which in the opinion of the Commission may be of objectionable nature by reason of production of offensive odor, dust, smoke, fumes, noise, bright light, vibration, or involving the storage or handling of explosive or dangerous materials, and all the uses listed in this subsection, may be permitted only if a use permit is first secured in each case:
(1) All uses permitted in any R zone;
(2) Drilling for and/or removal of oil, gas, or other hydrocarbon substances; (3) Commercial excavations of building or construction materials; (4) Manufacture or storage of acid, cement, gas, inflammable fluids, glue, gypsum, lime or plaster of paris, refining of petroleum or its products, smelting of iron, tin, zinc, or other ores; (5) Junk yards;
(6) Brewery;
(7) Poultry and rabbit processing;
(8) Automobile dismantling and use parts storage; and
(9) Nurseries (plant materials and supplies);
(10) Adult oriented businesses as provided in § 10-7.01 of this title; (D) Any type of dwellingA multifamily dwelling subject to first securing a use permit in each case; and
(E) Signs appurtenant to any permitted use may be erected in I zones subject to all the laws, rules, and regulations of the city pertaining to signs, including, but not necessarily limited to, the terms and provisions of § 10-3.415 of the General Provisions subchapter of this chapter pertaining to architectural control.
§ 10-3.1003 HEIGHT OF STRUCTURES.

The maximum height of any building shall be 65 feet; provided, however, additional height may be permitted if a use permit is first secured.
§ 10-3.1004 YARD REQUIREMENTS.
(A) Front yards. There shall be no requirements for front yards except where the frontage in a block is partially in a R zone in which case the front yard shall be the same as required in such R zone. (B) Side yards. There shall be no requirements for side yards except where the side of a lot abuts upon the side of a lot in a R zone in which case the side yard shall not be less than ten feet. (C) Rear yard. There shall be no requirements for rear yards except where the rear of a lot abuts on an R zone in which case the rear yard shall be not less than ten feet.

Madera City CouncilJanuary 15, 2025

Madera City Council
January 15, 2025