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;
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(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.
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. § 10-3-9.307 BUILDING HEIGHT.
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.
URBAN RESERVE ZONES (UR)
§ 10-3.10.501 UR ZONES.
The regulations in this subchapter shall apply in all Urban Reserve (UR) zones unless otherwise provided in this chapter.
§ 10-3.10.502 USES PERMITTED.
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(A) The following uses shall be permitted in UR zones:
(1) Grazing and the raising of field crops, fruit and nut trees, vines, vegetables, horticultural specialties, and livestock;
(2) The curing, processing, packaging, and shipping of agricultural products produced upon the premises where such activity is carried on in conjunction with, or as part of, a bona fide agricultural operation;
(3) Single-family residences and farm employee housing which are incidental to a permitted use or conditional use;
(4) Incidental and accessory structures and uses located on the same site with a permitted use, including barns, stables, coops, tank houses, storage tanks, wind machines, windmills, silos, and other farm outbuildings; private garages and carports; one guest house or accessory living quarters without a kitchen for each residence on the site; and storehouses, garden structures, greenhouses, and the storage of petroleum products for the use of persons residing on the site; (5) Irrigation and flood control facilities; and
(6) Home occupations.
(B) The following uses may be permitted by the Commission by the issuance of a conditional use permit:
(1) Agricultural service establishments primarily engaged in performing animal husbandry or horticultural services on a fee or contract basis, including plant nurseries and landscape gardening; landscape contracting; offices of veterinarians; animal hospitals; poultry farms; boarding and training horses; feed lots; and hog farms;
(2) Public and private charitable institutions, hospitals, sanitariums, rest homes, nursing homes, and cemeteries;
(3) Commercial stables and riding academies;
(4) Public and quasi-public uses of an educational, administrative, recreational, public service, cultural, or religious type;
(5) Private and noncommercial clubs and lodges;
(6) Sewage treatment plants;
(7) Signs appurtenant to any permitted use may be erected in UR 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; and
(8) Trailer parks, subject to the limitations of § 10-3.906 of the Heavy Commercial zones of this chapter, providing public water and sewer systems are utilized. § 10-3.10.503 SPECIAL CONDITIONS.
(A) Any use involving a business, service, or process not completely enclosed in a structure shall be screened by a solid fence or masonry wall or a compact growth of natural plant materials six feet in height if the Commission finds such use to be unsightly.
(B) No conditional use shall be permitted and no process, equipment, or materials shall be used which are found by the Commission to be objectionable or injurious to property, crops, or livestock in the vicinity by reason of odor, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration, illumination, glare, or unsightliness, or to involve any hazard of fire or explosion. § 10-3.10.504 SITE AREA.
(A) The minimum site area shall be 20 acres for permitted uses. (B) On conditional uses the minimum site area shall be specifically stated on the use permit. 113
(C) Each site shall have not less than five acres of lot area for each dwelling unit located on the site.
This shall not be construed to disallow the placing of the permitted dwelling units all in one area of the site.
§ 10-3.10.505 YARD REQUIREMENTS.
(A) Front yard. The minimum front yard shall be 50 feet. (B) Side yard. The minimum side yard shall be five feet except that on the street side of a corner lot the yard shall be not less than 40 feet.
(C) Rear yard. The minimum rear yard shall be 20 feet.
§ 10-3.10.506 HEIGHT OF STRUCTURES.
(A) The maximum height of a building or structure for a permitted use shall be 35 feet subject to the exception that barns, tank houses, storage tanks, windmills, and silos may exceed 35 feet in height. (B) The maximum height of a structure occupied by a conditional use and its accessory structures shall be determined by the provisions of the use permit.
§ 10-3.10.507 DISTANCE BETWEEN BUILDINGS.
The minimum distance between dwellings or dwellings and accessory structures shall be ten feet. The minimum distance between dwellings and accessory structures in which livestock or poultry is kept shall be 50 feet.
UNCLASSIFIED ZONES (U)
§ 10-3.1101 U ZONES.
The regulations set forth in this subchapter shall apply in all Unclassified (U) zones unless otherwise provided in this chapter. (Any land within the city and not designated or indicated on the zoning maps shall be in the U zone.)
§ 10-3.1102 USES PERMITTED.
All uses not otherwise prohibited by law shall be permitted provided that a use permit shall first be secured for any use to be established in any U zone.
§ 10-3.1103 SITE AREA; HEIGHT OF STRUCTURES; YARD REQUIREMENTS.
Building site area requirements, building height limits, and yard requirements shall be as specified in the use permit.
INDUSTRIAL PARK ZONES (IP)
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§ 10-3.11.501 IP ZONES.
The regulations set forth in this subchapter shall apply in all Industrial Park (IP) zones unless otherwise provided in this chapter.
§ 10-3.11.502 PURPOSE.
The purpose of the regulations set forth in this subchapter is to provide a set of regulations which will insure the creation of an environment exclusively for, and conducive to, the development and protection of modern, large-scale administrative facilities, research institutions, specialized manufacturing organizations, and distributions centers for major retail outlets, all of a type in which the architecture, landscaping, and operations of the uses are such that each is a credit to the other, and investments in welldesigned and maintained plants and grounds are secured by the maintenance of the highest standards throughout the district.
§ 10-3.11.503 PERMITTED USES.
(A) The following uses shall be permitted in IP zones:
(1) Apparel and other finished products made from fabrics and similar materials; (2) Books, newspaper and magazine printing and publishing and allied industries; (3) Electrical and electronic instruments, machinery, equipment and supplies manufacturing; (4) Furniture and fixture manufacturing;
(5) Fabricated metal products manufacturing, except ordnance machinery and transportation equipment;
(6) Leather and leather products;
(7) Textile mill products;
(8) Professional, scientific, and controlling instruments; (9) Photographic and optical goods;
(10) Watches and clocks.
(11) 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. (12) 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. § 10-3.11.503.1 USES REQUIRING AN ADMINISTRATIVE APPROVAL ZONING PERMIT. (A) Uses permitted with an Administrative Zoning Administrator's permitApproval:
(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) Chemicals and allied product manufacturing;
(3) Rubber and miscellaneous plastics manufacturing;
(4) Processing, warehousing and wholesale distribution of food and kindred products manufacture. § 10-3.11.504 ACCESSORY USES.
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The following structures and uses shall be permitted in IP 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.
§ 10-3.11.505 USES REQUIRING USE PERMITS.
(A) The following uses shall be permitted with a Use Permit:
(1) Warehousing and wholesale distribution of manufactured or assembled products; and (2) Any research or light manufacturing use which is determined by the Commission to be consistent with the purposes of this subchapter, which will not impair the present or potential uses or values of adjacent parties nor be detrimental to the public health, safety, peace, morals, comfort, or general welfare of the community, and which conforms to the performance standards set forth in this subchapter. § 10-3.11.506 PERFORMANCE STANDARDS.
All uses in IP zones shall meet the following performance standards. (A) Noise. The maximum sound pressure level of activities other than street or highway transportation, temporary construction work, or temporary oil or gas drilling or exploration operations, as determined by the City Engineer, shall not exceed the standards for octave bands within the frequency limits given below after applying the correction factors:
(1) Noise at zone boundaries. At no point on the boundary of an IP zone shall the sound pressure level of any individual operation, use, or plant exceed the decibel levels in the designated octave bands set forth below:
Octave Band
Cycles Per Second
Maximum Permitted Sound Level in Decibels (.0002 Dynes/cm2 ) Octave Band
Cycles Per Second
Maximum Permitted Sound Level in Decibels (.0002 Dynes/cm2 ) 0 - 75 72
75 - 150 67
150 - 300 59
300 - 600 52
600 - 1,200 46
1,200 - 2,400 40
2,400 - 4,800 34
Above 4,800 32
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(2) Noise at property lines. At no point on the lot lines of any property shall the sound pressure level of any individual operation, use or plant exceed the decibel levels in the designated octave bands shown below:
Octave Band
Cycles Per Second
Maximum Permitted Sound Level in Decibels (.0002 Dynes/cm2 ) Octave Band
Cycles Per Second
Maximum Permitted Sound Level in Decibels (.0002 Dynes/cm2 ) 0 - 75 80
75 - 150 75
150 - 300 70
300 - 600 64
600 - 1,200 58
1,200 - 2,400 53
2,400 - 4,800 49
Above 4,800 46
(3) Corrective factors in noise measurement. To any irregular or impulsive noise, one or more of the following corrective factors shall be added to the values permitted sound level:
Character of Noise Correction in Decibels
Occurs between 10:00 p.m. and 7:00 a.m. Minus 10
Noise source operates less than a total of 30 minutes in any day Plus 10 Noise of impulsive character, such as hammering Minus 5 (B) Air pollution. There shall be no discharge into the atmosphere, from any source, of particulate matter in excess of 0.3 grams per cubic foot of gas at standard conditions. There shall be no emission of gas, smoke, particulate material, dust, or other air contaminants for a period or periods aggregating more than three minutes in any one hour which contaminants are:
(1) As dark or darker in shade as that designated as No. 2 on the Ringelmann Chart as published by the US Bureau of Mines; or
(2) Of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke described in subsection § 10-3.11.506(B)(1) of this subsection. (C) Odor. Odors from gases shall not be in such quantity as to be offensive beyond the lot lines of the use.
(D) Vibration. Vibration from any machine, operation, or process shall not cause a perceptible motion at the lot lines.
(E) Glare and heat. Glare and heat from any source shall not be produced beyond the lot lines. 117
(F) Radioactivity and electrical disturbances. The use of radioactive materials within IP zones shall be limited to measuring, gauging, and calibration devices, such as tracer elements in X-ray and like apparatus, and in connection with the processing and preservation of foods. All electrical and electronic devices and equipment shall be suitably wired, shielded, and controlled so that in operation they shall not, beyond the lot lines, emit any electrical impulses or waves which will adversely affect the operation and control of any other electrical or electronic devices and equipment. § 10-3.11.507 HEIGHT REGULATIONS.
No structure in the IP zones shall exceed 50 feet in height except upon approval of a conditional use permit by the Planning Commission.
§ 10-3.11.508 LOT AREA.
The minimum building site area in IP zones shall be one acre. § 10-3.11.509 LOT WIDTH.
The minimum lot width in IP zones shall be 150 feet.
§ 10-3.11.510 LOT DEPTH.
The minimum average lot depth in IP zones shall be 150 feet. § 10-3.11.511 LOT COVERAGE.
Not more than 50% of the lot area in IP zones shall be covered with buildings. § 10-3.11.512 YARD REQUIREMENTS.
The following yards shall be required in IP zones:
(A) Front yards. Front yards shall have a minimum depth of 50 feet. (B) Side yards. There shall be a minimum combined side yard width of 40 feet for both sides, and no one side yard shall have a width of less than ten feet. For every one foot the building exceeds 30 feet in height, one additional foot of side yard shall be required on each side. Side yards on the street side of corner lots shall be equal in depth to the front yard requirements set forth in subsection § 10-3.11.512(A) of this section.
(C) Rear yards. Rear yards shall have a minimum depth of 20 feet. § 10-3.11.513 USES IN BUILDINGS.
All uses in IP zones shall be conducted wholly within a completely enclosed building, except for offstreet parking and loading, store age, and the disposal of trash and refuse. § 10-3.11.514 DISPOSAL FACILITIES.
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Trash and refuse collection and disposal facilities in IP zones shall be enclosed by a solid fence or hedge no lower in height than the facilities themselves. § 10-3.11.515 OFF-STREET PARKING.
All vehicle parking, including trucks, trailers, and employee and visitor parking, in IP zones shall be provided on the premises. All parking areas shall be paved. Parking shall not be located in the required front yard or street side yard of a corner lot, except that a visitor parking area shall be permitted in the required front yard.
§ 10-3.11.516 STORAGE.
Outside storage in IP zones shall not be permitted unless concealed from the view from a public street by a solid fence or hedge.
§ 10-3.11.517 FENCES.
No fence shall be permitted in the required front yard or in the required side yard for the street side of corner lots in IP zones.
§ 10-3.11.518 OFF-STREET LOADING.
Off-street loading in IP zones shall be within the building or in side or rear yards separated and protected from any traveled way by a fence or hedge not less than six feet in height. § 10-3.11.519 LANDSCAPING.
A minimum of 15 feet of front and street side yards in IP zones shall be permanently landscaped. § 10-3.11.520 TYPE OF FUEL.
Manufacturing and industrial processes in IP zones shall use only natural gas or electricity as fuel unless otherwise authorized by a use permit.
§ 10-3.11.521 BUILDINGS.
(A) All buildings, except as noted in subsection § 10-3.11.521(B), (C), and (D) below, shall be subject to review and shall be approved by the Development Review Committee. (B) Temporary buildings for temporary construction purposes are a permitted use. (C) Temporary or portable-type buildings for uses other than that specified in subsection § 10-
3.11.521(B) may be permitted subject to approval of a use permit by the Planning Commission. The use permit review shall consider the need for the building, the time frame for its use, the location of the building, its compatibility with surrounding uses, and provision of skirting and screening of axles and mechanical equipment.
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(D) Notwithstanding subsection § 10-3.11.521(C), temporary buildings for a short-term use, not to exceed a total of nine months, may be permitted with approval from the Planning Director subject to the review considerations set forth in subsection § 10-3.11.521(C) above. § 10-3.11.522 SIGNS.
Each parcel of land in IP zones shall be permitted a maximum of two signs, with a total aggregate surface area of 250 square feet but not to exceed 150 square feet per sign. The sign height shall be 15 feet.
Signs shall only identify the on-site operation and products. All signs shall be subject to review and shall be approved by the Development Review Committee. All signs shall be subject to review and approval as required by Chapter 6 of this title.
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SPECIFIC PLAN ZONES (SP)
§ 10-3.11.601 PURPOSE AND APPLICATION.
The purpose of the SP zone is to accomplish the following:
(A) To provide a framework for how to analyze project level development standards and permitted uses in the SP zone district; and
(B) To provide a framework and requirements for approving specific plans proposed in the city by establishing a development review framework for comprehensibly planned communities pursuant to Cal.
Gov't Code §§ 65450 to 65457 for the preparation of specific plans. § 10-3.11.602 APPLICABILITY.
(A) For properties already zoned SP, the allowed uses, allowed density, and required property development standards shall be as outlined in the applicable specific plan. Where the regulations of a specific plan are silent or not specifically referenced, the comparable regulations of these zoning regulations and all adopted ordinances, regulations, standards, and guidelines of the city shall apply, subject to the Planning Director's discretion, unless otherwise declared by the Planning Commission. (B) For properties proposed to be rezoned to the SP zone, a specific plan meeting the requirements outlined below is required and must be submitted concurrently with the rezone request. The SP zone, including all standards and processes, is available to all new development proposals within the city, except those areas within the city limits already regulated by an existing adopted specific plan and approved prior to the adoption of this subchapter. Those areas shall be exempt from this chapter, and all activities within such areas shall be subject to the existing standards and procedures of the applicable specific plan.
(C) All new SP zones must encompass an area of no less than five acres of contiguous property. § 10-3.11.603 SPECIFIC PLAN REQUIRED ELEMENTS.
A specific plan shall provide regulations and design standards governing the minimum and maximum development parameters of all real property within the proposed SP zone district. All specific plans prepared and adopted under §§ 10-3.11.601 et seq. shall be consistent with the requirements of Cal. Gov't Code § 65450 as amended, and shall include, at a minimum, the following:
(A) Purpose. State the relationship to the goals and policies of the General Plan. 120
(B) Setting. State the existing and regional setting to establish the conditions and reasons for the project.
(C) Proposed land uses. Establish the distribution, type, definitions of, and regulations for all proposed land uses. The uses described within the specific plan shall be designed and developed in a manner consistent with the General Plan and § 10-3.11.604 below. (D) Development standards. Establish all regulating policies and include all of the following for all building types:
(1) Building height, setbacks, massing, and design standards; (2) Lot area, width, depth, and structural limitations; (3) Maximum number of dwelling units and the maximum residential density (of the Specific Plan area and any individual site or portion);
(4) Usable open space provisions and requirements within the development; (5) Off-street parking and loading facilities;
(6) Design and development standards (architectural, landscape, streetscape, street furniture, utilities, fence/wall types, and the like), which may include design themes or similar architectural treatments to control future construction of buildings on parcels covered by the Specific Plan. Site planning at the perimeter of the zone boundaries shall provide for the mutual protection of the zone and the surrounding property;
(7) Signage requirements shall be addressed, either through Chapter 6 of Title 10 (Sign Regulations) or by a unique sign program codified in the specific plan; and (8) All areas for storage of vehicles, maintenance equipment, refuse and collection facilities, manufactured products, or other similar materials used by or in a manufacturing/fabricating process onsite shall be prohibited or shall be enclosed by a decorative, block, or brick wall and/or landscape screening in combination.
(E) Site planning. Establish a comprehensive map of all major streets, open spaces, private and public property, and land uses for all affected property, consistent with the intent of the General Plan. (1) Consider and preserve environmentally sensitive resources (water courses, view sheds, drainage areas, wooded areas, rough terrain [canyons, ravines, steep slopes, ridges, knolls, promontories], and other similar natural features) and make provisions to retain natural features and amenities found on-site. (2) Provide landscape architectural concept plans and standards, including project entries, streetscapes, fencing details, lighting, signage, utility, and street furniture. (F) Infrastructure. Identify the proposed distribution, extent, intensity, and location of major components of public and private circulation/transportation, drainage, energy, sewers, solid waste disposal, water, and other essential facilities proposed. (1) Include written analysis detailing plans for the construction, improvement, or extension of transportation facilities, public utilities, and all other public facilities/services required to serve the properties.
(2) Dedicate all public right-of-ways and public park spaces within or abutting the development to applicable city specifications.
(3) Private streets and alleys shall be designed to public street standards (where applicable), or propose modifications, and be privately owned and maintained for their intended purpose without public cost or maintenance responsibility.
(4) Consideration of other forms of access, such as pedestrian ways, paseos, courts, plazas, driveways, horse trails, bike trails, or open public parking areas, may be made at the time of specific plan consideration by the city.
(G) Maintenance. Provisions assuring the continued maintenance of private property, grounds, and all common areas shall be required.
(H) Phasing. Specific plans developed in phases or neighborhoods over a period of time, not developed in a consecutive and uninterrupted manner, shall be required to process each phase or neighborhood through separate entitlement processes.
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§ 10-3.11.604 ALLOWED LAND USES.
(A) All use of lands within the SP zones shall be compatible with the purpose and intent of these zoning regulations.
(B) All use of lands within the SP zones shall be consistent or made consistent with the General Plan Land Use Map, which may include varying densities of residential, commercial, and/or industrial development.
(C) A new specific plan shall be processed using the same procedure as a General Plan amendment as well as a change of zone boundaries per §§ 10-3.1501 et seq.
OFF-STREET PARKING REGULATIONS
§ 10-3.1201 GENERAL REQUIREMENTS.
(A) It is the purpose of this section to allow evaluation of off-street parking requirements for vehicles to prevent or lessen the traffic congestion and parking problems on public streets and to leave street parking available to persons making short-term visits for shopping, personal business and related activities. Off-street parking and off-street loading facilities shall be provided incidental to new land uses and major alterations and enlargements of existing land uses. Major land use development proposals will be expected to meet on-site parking requirements and, for customer satisfaction, should want to provide parking for their convenience. On-site parking is a normal part of land use development and satisfying Code requirement will be the rule and not the exception. Allowing large scale or high intensity land uses an exception to Code requirements, or to pay in-lieu fees, may have a tendency to over-load the city's existing parking inventory on at least a short-term basis, and in the case of some areas, exceed the city's ability to satisfy long-term needs. The number of parking spaces and the number of loading berths prescribed in this subchapter, or to be prescribed by the Planning Commission, shall be proportional to the need for such facilities created by the particular type of land use. Off-street parking and loading areas shall be laid out in a manner that will ensure their usefulness, protect the public safety, and, where appropriate, insulate surrounding land uses from their impact. The provisions of this subchapter are intended to:
(1) Provide clear standards for parking requirements;
(2) Provide parking requirements that are appropriate for specified land uses; (3) Provide for flexibility in meeting parking requirements; (4) Ensure that parking requirements are consistent with the land use goals of the community; and (5) Discourage unnecessary curb cuts and the loss of on-street parking spaces through the construction of driveways downtown.
The provisions of this subchapter are also intended to deal with major problems, conditions, and needs which are apparent in attempting to provide sufficient off-street parking facilities in areas of intense commercial development, including:
(1) The difficulty in assembling land by private means; (2) The often excessive time required in assembling land by private means; (3) The varying financial capabilities and traffic generating characteristics among the various types of commercial enterprises;
(4) The importance of avoiding the development of a fragmented pattern of off-street parking facilities which may bear little relation to the needs of a commercial area as a whole; (5) The importance of prescribing regulations which will not inadvertently discourage private investment within the community while alleviating or preventing traffic congestion; and 122
(6) The importance of achieving a reasonable distribution of burden among private interests and the public at large consistent with their individual and collective responsibilities to provide off-street parking and loading facilities.
(B) Every building hereafter erected in the city shall be provided with parking spaces as provided in § 10-3.1202 of this subchapter, subject to the other provisions of this subchapter. Such parking spaces shall be made available and shall be maintained for parking purposes according to the required use of the building.
(C) Every building hereafter reconstructed, remodeled, or structurally altered shall be provided with parking spaces as required by the new use of the building. The parking spaces required by this subsection shall be determined by subtracting the number of parking spaces required by the provisions of § 10-
3.1202 of this subchapter for the building as used prior to its reconstruction, remodeling, or structural alteration from the number of spaces required by § 10-3.1202 for the building for its proposed use after its reconstruction, remodeling, or structural alteration. Such parking spaces shall be made available and shall be maintained for parking purposes according to the required use of the building. For buildings other than dwellings, if the number of parking spaces thus determined does not exceed the number of spaces required by the provisions of § 10-3.1202 for the building as used prior to its reconstruction, remodeling, or structural alteration by at least 10% or by five spaces, whichever is greater, no additional parking space need be provided by reason of the reconstruction, remodeling, or structural alteration of the building. In the event it is not possible to determine the number of parking spaces required for a particular building in the manner set forth in this subsection, the Commission shall determine an adequate number of parking spaces for such a building based on standards comparable to those set forth in § 10-3.1202. § 10-3.1202 PARKING SPACES REQUIRED.
Except as provided in § 10-3.1205 of this subchapter, the number of off-street parking spaces required shall be as follows:
Use Parking Spaces Required Downtown Parking District
Standards
Residential Dwellings 1 space for each bachelor or one
bedroom dwelling unit and 1.5
spaces for dwelling unit having
more than one bedroom, with
one covered space per unit.
Same
Multi-Family Housing Projects In addition to parking spaces required in residential
dwellings above, all projects
with six or more units
shall also provide off-street
parking for visitors
at locations reasonably central to
the units to be served
at a rate of one space for the first
five units and one space for each
five units thereafter.
Same
Senior citizen housing projects
under § 10-3.5.1 Affordable
Housing Density Bonus
One covered parking space for
each unit, plus one guest parking
space provided at the rate of one
space for every four units, which
shall be located in close
Same
123
proximity and easily accessible
to the units they are designated
to serve. Employee parking shall
be provided at a rate of one
space per every two employees.
Parking for a manager's quarters
shall be required at the standard
residential rate. Sufficient
additional open space area
shall be provided to allow for
compliance with standard
residential rates should the
project be converted
in whole, or in part, for
occupancy by other than senior
citizens.
Use Parking Spaces Required
Downtown
Parking
District
Standards
Residential
Dwellings
1 spaces for each bachelor or one bedroom dwelling unit and 1.5 spaces for dwelling unit having more than one bedroom. In each instance one space per unit must be covered. Same Multi-Family
Housing
Projects
In addition to parking spaces required in residential dwellings above, all projects with six or more units shall also provide off-street parking for visitors at locations reasonably central to the units to be served.
Same
Senior citizen
housing
projects
under §
10-3.5.1
Affordable
Housing
Density
Bonus
One cover parking space for each unit, plus one guest parking space provided at the rate of one space for every four units, which shall be located in close proximity and easily accessible to the units they are designated to serve.
Employee parking shall be provided at a rate of one space per every two employees. Parking for a manager's quarters shall be required at the standard residential rate.
Sufficient additional open space area shall be provided to allow for compliance with standard residential rates should the project be converted in whole, or in part, for occupancy by other than senior citizens.
Same
Use
Parking Spaces Required
Downtown Parking
District Standards
Residential uses
Residential dwellings
1½ spaces for each bachelor or one bedroom dwelling unit and two spaces for dwelling unit having more than one bedroom. In each instance one space per unit must be covered.
Same
— —
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— —
—
—
—
—
124
Multi-family housing projects
In addition to parking spaces required in residential dwellings above, all projects with six or more units shall also provide off-street parking for visitors at locations reasonably central to the units to be served at a rate of one space for the first four units and one space for each four units thereafter.
Same
Senior citizen housing projects under § 10-3.5.1 Affordable Housing Density Bonus One cover parking space for each unit, plus one guest parking space provided at the rate of one space for every four units, which shall be located in close proximity and easily accessible to the units they are designated to serve.
Same
Employee parking shall be provided at a rate of one space per every two employees. Parking for a manager's quarters shall be required at the standard residential rate.
Sufficient additional open space area shall be provided to allow for compliance with standard residential rates should the project be converted in whole, or in part, for occupancy by other than senior citizens.
Use Parking Spaces Required Downtown Parking
District Standards
Use Parking Spaces Required Downtown Parking
District Standards
Rooming and lodging
houses, fraternity and
sorority houses, and private
clubs having sleeping rooms
One space for each sleeping room. Same
Motels One space for each sleeping room,
plus one space for each two
employees.
Same
Hotels One space for each three beds. Same
Commercial and industrial
uses
Banks One space for each 250 square feet
of gross floor area.
Same
Business and professional
offices
One space for each 300 square feet
of gross floor area.
One space for each 450 square
feet of gross floor area
Retail food stores One space for each 250 square feet
of gross floor area
One space for each 375 square
feet of gross floor area
All other retail stores and
personal service
establishments, such as
barber, beauty, and repair
shops
One space for each 300 square feet
of gross floor area
One space for each 450 square
feet of gross floor area
Retail stores which handle
only bulky merchandise,
such as furniture,
appliances, hardware, and
similar establishments
One space for each 400 square feet
of gross floor area, plus one space
for each two employees.
One space for each 600 square
feet of gross floor area
125
Motor vehicle sales,
machinery sales, and auto
repair garages
One space for each 400 square feet
of gross floor area, plus one space
for each two employees.
One space for each 600 square
feet of gross floor area
Use Parking Spaces Required Downtown Parking
District Standards
Use Parking Spaces Required Downtown Parking
District Standards
Manufacturing, warehouses,
storage uses, and wholesale
houses
One space for each two employees,
plus one space for each 300 square
feet of office space and customer
net floor area, plus one loading
space for each 10,000 square feet of
gross floor area.
One space for each two
employees, plus one space for
each 450 square feet of office
space and customer net floor
area, plus one loading space for
each 10,000 square feet of gross
floor area.
Places of assembly
Establishments for the sale
and consumption of food
and beverages on the
premises
One space for each three seats of a
fixed nature, plus one space for
each 50 square feet of net floor area
available for non-fixed seating.
Same
Drive-in restaurants One space for each three seats. Same Auditoriums One space for each three seats. Same
Theaters One space for each five seats. Same
Churches One space for each four seats. Same
Skating rinks, dance halls,
and similar establishments
One space for each 50 square feet of
net floor area used for dancing or
skating or one space for each 200
square feet of gross floor area,
whichever is greater.
Same
Libraries and museums One space for each 400 square feet of gross floor area, plus one space
for each two employees.
One space for each 600 square
feet of gross floor area, plus one
space for each two employees.
Mortuaries and funeral
homes
One space for each vehicle used in
conjunction with the establishment,
plus one space for each two
employees, plus one space for each
four seats in the main chapel.
Same
Use Parking Spaces Required Downtown
Parking
District
Standards
Use Parking Spaces Required Downtown
Parking
126
District
Standards
All places of assembly without fixed
seating, other than those uses set forth
in establishments for the sale and
consumption of food and beverages
on the premises
One space for each 25 square feet of gross floor
area used for assembly.
Same
Educational uses
Elementary and junior high schools One space for each faculty member and employee.
Same
High schools One space for each individual employed on the campus, plus one space for each five students.
Same
Junior colleges, colleges, universities,
and trade and draft schools
One space for each individual employed on the
campus, plus one space for each two students
not residing on the premises.
Same
Day care and nursery schools One space for each employee Same School auditoriums, assembly halls,
stadiums, and gymnasiums
One space for each three seats if such number
will provide a greater number of spaces than set
forth in elementary and junior high schools,
high schools, and junior colleges, colleges,
universities, and trade and draft schools.
Same
Health
Medical and dental offices and clinics Four spaces for each doctor, plus one space for each employee or one space for each 250
square feet of gross floor area, whichever is
greater.
Same
Use Parking Spaces Required Downtown
Parking
District
Standards
Use Parking Spaces Required Downtown
Parking
District
Standards
Asylums, sanitariums, old-age homes,
orphanages, convalescent homes,
nursing homes, and children's homes
One space for each three beds plus one space
for each two employees on the largest shift.
Same
Hospitals One space for each two employees, plus one
space for each doctor, plus one space for each
three beds or one space for each 1,000 square
feet of gross floor area, whichever is greater.
Same
Animal veterinary hospitals and
clinics
Four spaces for each doctor, plus one space for
each two employees.
Same
127
Public uses
City, county, special districts, state,
and federal administrative offices,
excluding places of assembly
One space for each two employees, plus one
space for each vehicle used in conjunction with
the establishment, and one space for each 300
square feet of gross floor area.
Same
Public buildings and grounds, other
than administrative offices and
educational uses
One space for each two employees on the
maximum work shift, plus the number of
additional spaces prescribed by the
Commission.
Same
Utility uses
Electric distribution and transmission
substations, gas regulator stations, sewage
treatment plants, and other utility buildings
and uses
One space for each two employees on the
maximum work shift, plus one space for each
300 square feet of net floor open to the
public.
Same
Use Parking Spaces Required Downtown
Parking
District
Standards
Transportation facilities
Airports, heliports, bus stations,
truck terminals, and railroad
stations and yards
One space for each two employees on the
maximum work shift, plus the number of
additional spaces prescribed by the Commission.
Same
§ 10-3.1203 PARKING REQUIREMENTS FOR USES NOT SPECIFIED.
Where the parking requirements for a use are not specifically defined by this subchapter, the parking requirements for such use shall be determined by the Commission, and such determination shall be based upon the requirements for the comparable use specified in this subchapter. § 10-3.1204 IN LIEU PAYMENTS.
Within any parking district created under the Parking District Act of 1951 or any other Parking District Act approved by the City Council, in lieu of furnishing the parking spaces required by the provisions of this subchapter in case of the reconstruction, remodeling, or structural alteration of an existing building which has no existing off-street parking facilities or insufficient off-street parking facilities for its existing use, the parking requirements for such new, different, or expanded use may be satisfied by the payment to the city, prior to the issuance of a building permit, of the sum of $4,500 per parking space for each parking space required by the provisions of this subchapter. Such funds shall be deposited with the city in a special fund and shall be used and expended exclusively for the purpose of acquiring and developing off-street parking facilities located, insofar as practical, in the general vicinity of the buildings for which 128
the in lieu payments were made. Said parking fee shall be adjusted as required by the City Council based on the yearly increase in the Federal Consumers Price Index, or to more accurately reflect the cost of constructing off-street public parking facilities. Funds paid to the city for in-lieu parking shall not be refundable, in case of destruction or removal of the structure or land use for which the funds were paid.
All in-lieu parking fees shall be paid prior to issuance of the first permit (any business license or building permit) for which the in-lieu fees are required.
(A) Downtown parking district.
(B) The determination for allowing payment of in-lieu fees for all or a part of the on-site parking otherwise required by the provisions of this subchapter shall be made by the Planning Commission on an individual basis in response to a request for exception filed by the applicant for the proposed new, different or expanded use. Parking adjustments provided under these provisions shall not decease the number of parking spaces otherwise required by this subchapter. (C) Payment of in-lieu fees will generally be allowed only as a special exception, or applicable only under special circumstances.
(D) The Planning Commission will utilize the followings guidelines when evaluating a request for onsite parking exceptions:
(1) Payment of in-lieu fees may be considered for additions, expansions, or intensification. (2) Payment of in-lieu fees may be considered when parcel size, shape, location, or limitations on access prevent development of on-site parking that would meet the design standards of this subchapter. (3) If it is determined that providing parking on some sites will result in the loss of existing or potential on-street parking spaces due to the location of driveways or other improvements, the Planning Commission will consider the cumulative effect of providing off-street parking relative to the net gain in total parking spaces.
(4) Requests for exceptions involving properties that would otherwise be able to provide on-site parking meeting the requirements of this subchapter may be approved subject to meeting specific conditions, including but not limited to:
(a) Providing sufficient on-site parking to meet employee demands based on the maximum number on a peak shift or peak hour;
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(b) Providing sufficient on-site handicapped parking spaces to meet standard requirements based on the number of spaces which would otherwise be required by this subchapter without consideration of in-lieu fees;
(c) Provide loading spaces that would otherwise be required for the proposed use based on the provisions of this subchapter.
(5) The following uses shall be excluded from requesting an exception to the parking provisions of this subchapter:
(a) All residential uses;
(b) All places of assembly (theaters, churches, lodges, etc.); (c) All educational uses;
(d) All public uses.
(E) In granting an exception from the parking requirements of this subchapter and authorizing the payment of in-lieu fees, the Planning Commission must make at least one or more of the following findings:
(1) The project site for which the parking requirement applies is 5,000 square feet or less in size and has less than fifty feet (50') of street frontage.
(2) The construction of required driveway(s) for on-site parking would result in the excessive loss of curb parking on street.
(3) Because of special circumstances applicable to the property, including size, shape, location, or surroundings, the proposed use cannot conform with the strict application of the parking regulations and the property would be deprived of privileges enjoyed by other property in the vicinity. (4) The applicant, as determined by the Planning Commission, has diligently pursued meeting the parking requirements both on-site and off-site, but has been unsuccessful in meeting the requirements. (5) Exceptions shall be granted only when the establishment, maintenance, or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, 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. (6) Any exception granted may be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located. § 10-3.1205 EXEMPTIONS FROM PARKING SPACE REQUIREMENTS. (A) Existing buildings and uses. None of the requirements of this subchapter for off-street parking spaces shall apply to the use of a building in existence on August 1, 1978. No building, as it is used on August 1, 1978, shall be deemed to be nonconforming solely by reason of the lack of off-street parking spaces, provided that any portion of the premises available for off-street parking in connection with such building shall not be utilized for any purpose other than off-street parking if necessary to meet the requirements of this subchapter.
(B) Parking districts. None of the provisions of this subchapter which require the provisions of offstreet parking spaces in connection with the use of property for commercial or industrial purposes shall apply to any parcel of existing improved property which is located within any parking district formed and existing under the Parking District Act of 1951 or any other parking district act approved by the Council, except any area within any such district which is available for off-street parking shall not be improved or changed without payment of the in lieu fees provided in § 10-3.1204. Determination of an area available for parking shall be made by the Planning Director whose determination shall be subject to review by the Planning Commission.
(C) Vacant parcels demolition and new facilities. None of the exemptions provided for in this section apply to vacant parcels of property or on parcels where existing buildings are demolished and a new facility is constructed, either in or out of a parking district. 130
§ 10-3.1206 REQUIRED IMPROVEMENT AND MAINTENANCE OF PARKING AREA.
Every lot used as a public or private parking area and having a capacity of five or more vehicles shall be developed and maintained in the following manner:
(A) Surface of parking area. Off-street parking areas shall be paved or otherwise surfaced and maintained so as to eliminate dust or mud and shall be so graded and drained as to dispose of all surface water. In no case shall such drainage be allowed to cross sidewalks, unless approved by the City Engineer.
(B) Border barricades, screening, and landscaping.
(1) Every parking area not separated by a fence from any street or alley property line upon which it abuts shall be provided with a suitable concrete curb or timber barrier not less than six inches in height, located not less than two feet from such street or alley property lines, and such curb or barrier shall be securely installed and maintained; provided, however, no such curb or barrier shall be required across any driveway or entrance to such parking area.
(2) Every parking area abutting property located in any R or PD zone shall be separated from such property by a solid wall, view-obscuring fence, or compact evergreen hedge a maximum of eight feet in height measured from the grade of the finished surface of such parking lot closest to the contiguous R or PD zone property, and a minimum of six feet in height as measured from the finished grade of the adjacent residential property; provided, however, no fence over three feet in height shall be constructed or grown to the front of any adjacent dwelling or within 25 feet of the street corner of any corner lot. (3) The lights provided to illuminate any parking area or used car sales area permitted by this subchapter shall be arranged so as to reflect the light away from any premises upon which a dwelling unit is located.
(C) Entrances and exits. The location and design of all entrances and exits shall be subject to the approval of the City Engineer.
§ 10-3.1207 GENERAL REGULATIONS AND CONDITIONS.
The following regulations and conditions shall apply to all off-street parking facilities:
(A) Size and access. Each off-street parking space shall have a width of not less than nine feet and a length of not less than 19 feet except that up to 25% of the required parking spaces may be designated for compact car use in parking lots provided for uses other than residential dwelling units and having at least ten spaces. Compact car spaces shall have a minimum width of eight feet and a minimum length of 16 feet. Every space designated to accommodate compact cars shall be clearly marked as a compact space.
Each space shall have adequate ingress and egress. Parking lot dimensions shall be set forth in the city standard specifications. When the required covered parking space for a dwelling unit is converted into a different use and occupancy, such required car space shall be relocated and covered by a garage or carport in accordance with the provisions of this chapter.
(B) Location. Off-street parking facilities shall be located as follows (where a distance is specified, such distance shall be the walking distance measured from the nearest point of the parking facility to the nearest point of the building such facility is required to serve):
(1) For single or multiple-family dwellings, parking facilities shall be located on the same lot or building site as the buildings they are required to serve; (2) For hospitals, sanitariums, rest homes, asylums, orphanages, rooming houses, lodging houses, club rooms, and fraternity and sorority houses, not more than 150 feet from the buildings they are required to serve; and
(3) For uses other than those set forth in subsections § 10-3.1207(B)(1) and (2) of this subsection, not over 300 feet from the building they are required to serve. 131
(C) Mixed occupancies in a building. In the case of mixed uses in a building or on a lot, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. The off-street parking facilities for one use shall not be considered as providing the required parking facilities for any other use, except as set forth in subsection § 10-3.1207(D) of this section for joint use.
(D) Joint use. The Building Department, upon an application by the owner or lessee of any property, may authorize the joint use of parking facilities by the following uses or activities under the conditions set forth:
(1) Up to 50% of the parking facilities required by this subchapter for a use considered to be primarily a daytime use may be provided by the parking facilities of a use considered to be primarily a nighttime use; up to 50% of the parking facilities required by this subchapter for a use considered to be primarily a nighttime use may be provided by the parking facilities of a use considered to be primarily a daytime use, provided such reciprocal parking area shall be subject to the conditions set forth in subsection § 10-3.1207(D)(4) of this section.
(2) Up to 100% of the parking facilities required by this subchapter for a church or for an auditorium incidental to a public or parochial school may be supplied by parking facilities of a use considered to be primarily a daytime use, provided such reciprocal parking area shall be subject to the conditions set forth in subsection § 10-3.1207(D)(4) of this section.
(3) The following uses are typical daytime uses: banks, business offices, retail stores, personal service shops, clothing or shoe repair or service shops, manufacturing or wholesale buildings and similar uses. The following uses are typical of nighttime and/or Sunday uses: auditoriums incidental to a public or parochial school, churches, dance halls, theaters, and bars. (4) Conditions required for joint use:
(a) The building or use for which application is being made for authority to utilize the existing offstreet parking facilities provided by another building or use shall be located within 150 feet of such parking facility;
(b) The applicant shall show that there is no substantial conflict in the principal operating hours of the building or uses for which the joint use of off-street parking facilities is proposed; and (c) If the building, structure, or improvement requiring parking space is in one ownership, and the required parking space provided in another ownership, partially or wholly, there shall be a recording in the office of the County Recorder of a covenant by such owner for the benefit of the city in the form first approved by the city that such owner will continue to maintain such parking space so long as the building, structure, or improvement is maintained within the city. The covenant herein provided shall stipulate that the title to and right to use the lots upon which the parking space is to be provided will be subservient to the title to the premises upon which the building is to be erected and that it is warranted that such lots are not and will not be made subject to any other covenant or contract for use without the prior written consent of the city as authorized by the Council.
(E) Common facilities. Common parking facilities may be provided in lieu of the individual requirements contained herein, but such facilities shall be approved by the Building Department as to size, shape, and relationship to business sites to be served, provided the total of such off-street parking spaces, when used together, shall not be less than the sum of the various uses computed separately. (F) Plans. Plans of the proposed parking area shall be submitted to the Building Department at the time of an application for a building permit for any building to which the parking area is accessory. The plans shall clearly indicate the proposed development, including the location, size, shape, design, curb cuts, lighting, landscaping, and other features and appurtenances of the proposed parking lot. (G) Accessibility. Parking spaces shall be easily accessible by standard-size automobiles, shall be so designed as to be accessible from a public street or alley, and shall be located so that sufficient area is available for maneuvering purposes.
(H) Stalls. No parking space shall be so located as to require the moving of any vehicle on the premises in order to enter into or proceed out of any other stall; provided, however, this provision need not apply in the event the parking facility has an attendant at all times during the use of such facility. 132
(I) Backing onto streets. Automobile parking so arranged as to require the backing of motor vehicles from a parking space, garage, or other structure onto a major street, as designated by the Council, shall be prohibited when either or both of the following conditions exist:
(1) The property is adjacent to, and contiguous to, a public alley; or (2) The width of the lot and/or the nature of the design of the existing and/or proposed structures is such that vehicles leaving the property may do so by moving in a forward direction with relation to the street.
(J) Fractional spaces. When units of measurements determining the number of required parking spaces result in a requirement of a fractional space, any fraction of ½ or greater shall require one parking space. (K) Waiting areas. Adequate ingress, egress, and waiting areas for such uses as drive-in movies, banks, and restaurants shall be provided on the subject lot as required by the City Traffic Engineer. (L) Loading spaces.
(1) In any zone, in connection with every building, or part thereof, erected on, or after, August 4, 1978, having a floor area of 5,000 square feet or more, which building is to be occupied by manufacturing, storage, warehouse, goods display, retail store, wholesale storage, market, hotel, hospital, mortuary, laundry, dry cleaning, or other uses similarly requiring the receipt or distribution by vehicles of material or merchandise, there shall be provided and maintained on the same parcel with such building at least one off-street loading space, plus one additional loading space for each additional 20,000 square feet, or fraction thereof, of gross floor area.
(2) Each loading space shall be not less than ten feet in width, 35 feet in length, and 14 feet in height. (3) No such space shall be located closer than 50 feet to any parcel in any R zone, unless wholly within a completely enclosed building, or unless screened by a solid wall not less than eight feet in height. § 10-3.1208 PARKING IN THE R ZONES.
Every parking area located in an R zone shall be governed by the following provisions in addition to those required by § 10-3.1206 of this subchapter:
(A) Such parking area shall be incidental to, and accessory to, a use permitted in the zone in which the property is located or shall be incidental to, and accessory to, a commercial or industrial use located in a commercial or industrial zone immediately adjacent to the zone in which the property is located. (B) Such parking area shall be so located that its boundary shall be adjacent to the site of the establishment to which it is accessory, except that the parking area may be separated from such site by an alley.
(C) Such parking area shall be used solely for the parking of private passenger vehicles. (D) No sign of any kind, other than one designating entrances, exits, or conditions of use, shall be maintained on any such parking lot. Any such sign shall not exceed eight square feet in area.
USE PERMITS
§ 10-3.1301 USE PERMIT PREREQUISITE TO BUILDING PERMIT.
No building permit shall be issued in any case where a use permit is required by the terms of this chapter unless and until such permit has been granted by the Commission or Council and then only in accordance with the terms and conditions of the use permit granted. Use permits, revocable, conditional, or valid for a term period, may be issued for any of the uses or purposes for which such permits are required or permitted by the provisions of this chapter. 133
§ 10-3.1302 APPLICATION.
Applications for use permits shall be made in writing to the Commission on a form prescribed by the Commission. The applications shall be filed with the Planning Director. The Planning Division shall provide forms for such purposes and may prescribe the information to be provided in such application.
Such applications shall be numbered consecutively in the order of their filing and become a part of the permanent official records of the city.
§ 10-3.1303 FILING FEE.
Each application for a use permit shall be accompanied by a fee as established by resolution of the City Council; provided, however, public agencies shall not be required to pay such fee. § 10-3.1304 INFORMATION REQUIRED WITH APPLICATION.
The application for a use permit shall set forth in detail such facts as may be required by the Commission.
§ 10-3.1305 INVESTIGATION OF APPLICATION.
The Commission shall cause to be made by its own members, or members of its staff, such investigation of facts bearing upon the application as will serve to provide all necessary information to assure that the action on each application is consistent with the intent and purposes of this chapter. § 10-3.1306 PUBLIC HEARINGS.
(A) Whenever required by the provisions of this subchapter, or whenever deemed advisable by the Planning Commission, a public hearing shall be held on an application for a use permit. Not less than ten days before such public hearing, notice shall be given of such hearing in the following manner:
(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, for new commercial uses to be located in an existing tenant space in any commercial area, a notice shall also be conspicuously posted on the window or door of the establishment. The notice shall be a minimum of 11 × 17 inches, contain the information specified in § 10-3.1306(A) above, and shall be brightly colored as a means of attracting attention to its content. (4) 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. (5) The public review period for the environmental determination shall be consistent with the requirements of the California Environmental Quality Act (negative declaration) shall not be less than 21 calendar days (30 days if State Clearinghouse review is required). (6) 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. (B) The hearing shall be held pursuant to the rules for conduct established by the Planning Commission.
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§ 10-3.1307 ACTION BY COMMISSION.
(A) The action by the Commission upon the application for a use permit shall be by a majority of the members of the Commission present at the meeting where such application is considered. (B) In order to grant any use permit, the findings of the Commission shall first find that all of the following applybe that the establishment, maintenance, or operation of the use or building applied for 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. For the purposes of this section the establishment, maintenance or operation of the use or building shall be deemed to 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 if any of the following conditions can be found or can be reasonably expected to exist after establishment:
(1) The proposal is consistent with the General Plan and Zoning Ordinance. The commission of three or more violent felonies (crimes against the person) and/or narcotic or dangerous drug sales within the subject premises or in the area immediately adjacent thereto. (2) The proposed use will be compatible with the surrounding properties. The arrest of the owner and/or an employee for violations occurring within the subject premises, or in the area immediately adjacent thereto, which violations can be found to be reasonably related to the operation of the business. (3) The establishment, maintenance, or operation of the use or building applied for 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.
The sustaining by the subject premises of an administrative suspension or revocation or other such sanction as may be imposed by the California State Department of Alcoholic Beverage Control, including payment in lieu of such suspension or revocation.
(4) The failure by the owner or other person responsible for the operation of the premises to take reasonable steps to correct objectionable conditions after having been placed on notice by the official of the city that such conditions exist. Such official may include, but not be limited to the: Code Enforcement Officer, Police Chief, Fire Marshall or City Attorney. Objectionable conditions may include, but not be limited to, disturbance of the peace, public drunkenness, drinking in public, harassment of passers by, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking or excessive loud noise.
Such conduct shall be attributable to the subject premises whether occurring within the subject premises or in the area immediately adjacent thereto.
(C) The Commission may designate such conditions in connection with the use permit as it deems necessary to secure the purpose of this chapter and may require such guarantees and evidence that such conditions are being or will be complied with.
(D) Use permits issued authorizing the sale of alcoholic beverages for consumption on the premises shall include a requirement that such permits shall be subject to annual review by the Planning Commission for determination of compliance with the terms and conditions of the issuance of such permits and for termination thereof, as more particularly provided in § 10-3.1311 of this code. § 10-3.1308 EFFECTIVE DATE.
No use permit granted by the Commission shall become effective until after an elapsed period of 105 days from the date of the action by the Commission.
§ 10-3.1309 APPEALS.
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During the period of 105 days referred to in § 10-3.1308 of this subchapter, written appeal from the action of the Commission may be taken to the Council by any person aggrieved or affected by any determination by the Commission in connection with any application for a use permit or upon failure of the Commission to make its determination on any application within 30 days from the date of receipt by the Commission from the Planning Director of the application. Such appeal shall be filed in triplicate with the City Clerk and shall state the grounds therefor and wherein the Commission failed to conform to the requirements of this chapter. The City Clerk shall forthwith transmit one copy of the appeal to the Planning Director. The appeal shall stay all proceedings in furtherance of the action appealed from until the determination of the appeal, and the use permit shall not become effective until the determination of the appeal.
§ 10-3.1310 ACTION ON APPEALS BY COUNCIL.
(A) The Council, at its next duly held meeting, shall set a date and time for a public hearing on the appeal and shall cause notice of such hearing to be posted in the vicinity of the property described in the application.
(B) The Commission shall submit to the Council a report setting forth the reasons for the action taken by the Commission, or a member of the Commission shall be present at such public hearing to represent the Commission.
(C) The Council shall render its decision within 60 days after the filing of such appeal. (D) Review by the Council is de novo. The Council may, by resolution, affirm, reverse, or modify, in whole or in part, any decision, determination, or requirement of the Commission but before granting any appealed petition which was denied by the Commission, or before changing any of the conditions imposed by the Commission in a use permit granted by the Commission, the Council shall make a written finding of fact setting forth wherein the Commission's findings were in error. (E) A five-sevenths vote of the whole of the Council shall be required to grant, in whole or in part, any appealed application denied by the Commission.
§ 10-3.1311 TERMINATION AND REVOCATION.
(A) Any use permit granted by the city as herein provided shall be conditioned upon the privileges granted therein being utilized within 12 months after the effective date thereof. Failure to utilize such permit 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 at its next regular meeting and may grant or conditionally grant an extension as it deems appropriate. Use permits utilized but later abandoned for a period of 12 consecutive months shall automatically terminate unless a written request for extension is submitted and approved as described in this section.
(B) All use permits which have been granted as provided in this chapter may be revoked by the Commission after a hearing as set forth below in the event the user of such permit, or his or its successor in interest to the real property in favor of which the permit was granted, breaches or fails to abide by any of the conditions designated in such permit, or conducts any use or activity on such property contrary to the provisions of this code, provided, however, special rules and regulations apply to use permits issued authorizing the sale of alcoholic beverages. Use permits which have been granted as provided in this chapter authorizing the sale of alcoholic beverages for consumption on [or off] the premises shall be subject to annual review for a determination of compliance with all of the terms and conditions of the issuance of the permit and to determine the existence of conditions or occurrences that are or may contribute to the detriment of the health, safety, peace, morals, comfort and general welfare of the persons 136
residing or working in the neighborhood of the use or detrimental or injurious to property and improvements in the neighborhood or general welfare of the city. For the purposes of this section the establishment, maintenance or operation of the use or building shall be deemed to 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 if any of the following conditions can be found to exist:
(1) The commission of three or more violent felonies (crimes against the person) and/or narcotic or dangerous drug sales within the subject premises or in the area immediately adjacent thereto. (2) The arrest of the owner and/or an employee for violations occurring within the subject premises, or in the area immediately adjacent thereto, which violations can be found to be reasonably related to the operation of the business.
(3) The sustaining by the subject premises of an administrative suspension or revocation or other such sanctions as may be imposed by the California State Department of Alcoholic Beverage Control, including payment in lieu of such suspension or revocation or other sanction. (4) The failure by the owner or other person responsible for the operation of the premises to take reasonable steps to correct objectionable conditions after having been placed on notice by the official of the city that such conditions exist. Such official may include, but not be limited to the: Code Enforcement Officer, Police Chief, Fire Marshall or City Attorney. Objectionable conditions may include, but not be limited to, disturbance of the peace, public drunkenness, drinking in public, harassment of passers by, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking or excessive loud noise.
Such conduct shall be attributable to the subject premises whether occurring within the subject premises or in the area immediately adjacent thereto.
If at such annual review the Planning Commission finds based on the evidence presented that there have been three or more incidents as described above, the use permit issued for such premises may be revoked. (C) No use permit shall be revoked without the Commission's having first held a hearing thereon after having delivered written notice of such hearing at least five days prior thereto to the permittee at the address of the property which is the subject of such permit, or, if the property is unimproved, to the address of the owner thereof as shown on the last equalized assessment roll in the office of the Assessor of the county.
(D) The City Staff is hereby authorized and directed to monitor the uses of property where alcoholic beverages are sold for consumption on or off the premises for which a use permit has not been issued because of their existence before use permits were required but which uses have been continued as legal non-conforming uses. Such monitoring shall include an annual review of such operations as required by Section 10-3.1311 of the Municipal Code. If the Planning Commission finds the existence of the matters set forth in Section 10-3.1311 of the Municipal Code, such findings shall constitute a determination that such use of the property is detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such use and is detrimental or injurious to property and improvements in the neighborhood and general welfare of the city, and the Commission shall, at their discretion, refer the matter to the Code Enforcement Officer for abatement, submit a letter to the State Alcoholic Beverage Commission for initiation and/or inclusion in a nuisance file for the subject property, or submit to the Council the Commission's recommendation for abatement of such use as a public nuisance. For the purposes of this section the establishment, maintenance or operation of the use or building shall be deemed to 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 if any of the following conditions can be found or can be reasonably expected to exist after establishment:
(1) The commission of three or more violent felonies (crimes against the person) and/or narcotic or dangerous drug sales within the subject premises or in the area immediately adjacent thereto. (2) The arrest of the owner and/or an employee for violations occurring within the subject premises, or in the area immediately adjacent thereto, which violations can be found to be reasonably related to the operation of the business.
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(3) The sustaining by the subject premises of an administrative suspension or revocation or other such sanctions as may be imposed by the California State Department of Alcoholic Beverage Control, including payment in lieu of such suspension or revocation. (4) The failure by the owner or other person responsible for the operation of the premises to take reasonable steps to correct objectionable conditions after having been placed on notice by an official of the city that such conditions exist. Such official may include, but not be limited to the Code Enforcement Officer, Police Chief, Fire Marshall or City Attorney. Objectionable conditions may include, but not be limited to, disturbance of the peace, public drunkenness, drinking in public, harassment of passers by, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking or excessive loud noise.
Such conduct shall be attributable to the subject premises whether occurring within the subject premises or in the area immediately adjacent thereto.
(E) The City Council shall, upon receipt of a recommendation for action on or against an establishment from the Planning Commission, set the item for a public hearing at the earliest opportunity. Such action on or against an establishment may include, but not be limited to, the endorsement and forwarding of a letter addressed to the local field office of the State Alcoholic Beverage Commission, outlining a specific complaint or complaints against an establishment, or direction to staff to commence abatement of the establishment as a public nuisance, or referral of the matter to the Code Enforcement Division.
Commencement of such action shall not prevent the City Council from ordering the City Attorney to commence civil action to abate a nuisance in addition to, or in conjunction with, the proceedings set forth above; nor shall anything in this chapter prevent the city from commencing a criminal action with respect to the nuisance in addition to, or in conjunction with the proceedings set forth in this chapter. § 10-3.1312 USE PERMIT - LARGE FAMILY DAY CARE HOMES.
(A) Application procedure.
(1) Applications for large family day care homes shall be processed in accordance with the provisions of this section. For the purposes of this section, LARGE FAMILY DAY CARE HOME(S) shall mean a day care home which provides care consistent with Cal. Health and Safety Code § 1596.78(b).
(2) The applicant shall pay a fee as set forth in the Madera Planning Processing Fee Schedule as set by resolution of the City Council.
(3) Application for a large family day care home use permit shall be filed with the Planning Department in accordance with the requirements of § 10-3.1302. (4) No less than ten days prior to the date on which the decision will be made on the application, the Planning Director, or his or her designee, shall give notice of the proposed use by mail to all owners shown on the last equalized assessment roll as owning real property within 100 feet of the exterior boundaries of the site of the proposed use.
(5) If no hearing is requested by the applicant, or other affected person, the Planning Director shall approve, approve in modified form, or deny the application. The Planning Director shall grant the use permit if the proposed large family day care home, as applied for or as conditioned, complies with the standards set forth in this section.
(6) If a hearing is requested by the applicant, or other affected person, a public hearing shall be held before the Planning Commission prior to a decision being made. No public hearing shall be held unless such a hearing is requested.
(7) Upon close of the public hearing, if a hearing has been requested, the Planning Commission shall approve, approve in modified form, or deny the application. The Planning Commission shall grant the use permit if the proposed large family day care home, as applied for or as conditioned, complies with the standards set forth in this section.
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(8) Any action of the Planning Director on the application of a use permit for a large family day care home may be appealed to the Planning Commission. Any action on the application of a use permit for a large family day care home of the Planning Commission may be appealed to the City Council. (9) No person shall operate a large family day care home in any single-family residential zone without first obtaining a use permit in compliance with the standards as set forth in division (B) of this section.
(B) Large family day care standards. The Planning Director or Planning Commission shall grant an application for a use permit to operate a large family day care home if it finds that all of the following standards have been met, and shall require that such standards be met at all times and maintained throughout the use of the permit by the proposed operator:
(1) The operator shall reside in the home, and the home shall be the operator's legal principal residence. The operator shall provide adequate written evidence of its residency. (2) The use of the home as a large family day care home shall be clearly incidental and secondary to the primary residential use of the home and property.
(3) The property and home shall not have been altered or structurally changed in a way which is adverse to the character or appearance of the neighborhood or residential zone. (4) One off-street parking space shall be provided for each non-resident employee. Such parking space shall be in addition to the minimum parking requirements applicable to the property consistent with the provisions of this chapter, including, but not limited to, provisions applicable to legal, nonconforming residential buildings. The residential driveway is acceptable so long as the parking space does not conflict with any required child drop-off/pickup area and does not block the public sidewalk or rightof-way. (5) The garage shall not be used for any purpose relating to the care giving of the children unless it has been converted in accordance with the provisions of this chapter. Replacement parking (if needed) shall be sufficient to comply with the requirements of this chapter, including the provisions of this section.
(6) Sufficient procedures for the loading and unloading of children from vehicles shall have been submitted by applicant. If there is not sufficient on-street parking to allow for the safe loading and unloading of children from vehicles, the driveway shall be used for this purpose. The public sidewalk and/or right-of-way shall not be blocked while completing the loading and unloading process. Double parking in the street is prohibited. The applicant shall be responsible for the safe loading and unloading of children and shall distribute a notice of loading and unloading procedures to all persons that utilize services of the large family day care home. The day care provider is responsible for adherence to these rules.
(7) If the residence is located on a major arterial street, there must be a drop-off/pickup area designed to prevent vehicles from backing onto the major arterial roadway. (8) No signs or other indicia may be used to identify the residence as a large family day care home, and no such signs or indicia may be visible from the right-of-way. (9) There shall be a minimum distance of 300 feet between the parcel on which the large family day care home is located and the nearest parcel containing a licensed large family day care home. (10) No more than one large family day care home shall be permitted within a 500 foot radius of any child day care facility or elementary school.
(11) The applicant shall be in compliance with all applicable regulations of the Fire Department and the Building Official regarding health and safety requirements. (12) The applicant shall have applied for a large family day care home license from the State of California, Department of Social Services.
(13) The applicant shall not allow smoking within the residence when any of the children being cared for are present in the residence.
(14) Large family day care homes shall not create noise levels in excess of those allowed in singlefamily residential areas in the noise element of the General Plan. The Planning Commission may impose 139
reasonable limits on the hours of operation of the large family day care home in order to ensure that these limits are met.
VARIANCES
§ 10-3.1401 NECESSITY.
(A) Where practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this chapter may result from the strict and literal application of any of the provisions of this chapter, a variance may be granted as provided in this subchapter. All acts of the Commission and Council under the provisions of this subchapter shall be construed as administrative acts performed for the purpose of assuring that the intent and purposes of this chapter shall apply in special cases, as provided in this subchapter, and shall not be construed as amendments to the provisions of this chapter or the zoning maps.
(B) No variance shall be granted to authorize the use of land which is not in conformity with the use regulations specified for the district in which the land is located. § 10-3.1402 NECESSARY CONDITIONS.
Variances shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of the zoning regulations deprives such property of privileges enjoyed by other property in the vicinity under identical zoning classifications. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located. § 10-3.1403 APPLICATIONS.
Applications for variances shall be made in writing to the Commission on forms prescribed by the Commission. The application shall be filed with the Planning Director. The Planning Division shall provide forms for such purposes and may prescribe the information to be provided in such application.
Such applications shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the city. Copies of all notices, reports, and actions pertaining to the application shall be attached.
§ 10-3.1404 FILING FEE.
Each application for a variance shall be accompanied by a fee in an amount as established by resolution of the City Council. The requirement of the filing fee shall not apply to public agencies. § 10-3.1405 INFORMATION REQUIRED WITH APPLICATION.
The application for a variance shall set forth in detail such facts as may be required by the Commission and as may relate to the conditions specified in § 10-3.1402 of this subchapter and shall be accompanied by:
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(A) A legal description of the property involved and the proposed use, with plot plans showing locations of all proposed buildings or facilities as well as existing buildings and a description of the proposed use;
(B) A reference to the specific provisions of this chapter from which such property is sought to be excepted; and
(C) Evidence of the ability and intention of the applicant to proceed with actual construction work in accordance with such plans within 90 days from the date of granting the application. § 10-3.1406 INVESTIGATION OF APPLICATIONS.
The Commission shall cause to be made by its own members, or members of its staff, such investigation of facts bearing upon such application as will serve to provide all necessary information to assure that the action on each such application is consistent with the intent and purposes of this chapter and with previous amendments, variances, or modifications.
§ 10-3.1407 NOTICE OF PUBLIC HEARING.
(A) Whenever required by the provisions of this subchapter, or whenever deemed advisable by the Planning Commission, a public hearing shall be held on an application for a variance. Not less than ten days before such public hearing, notice shall be given of such hearing in the following manner:
(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) 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. (B) The hearing shall be held pursuant to the rules for conduct established by the Planning Commission.
§ 10-3.1408 PUBLIC HEARING.
Public hearings for variance applications shall be held before the Commission at the time and place for which public notice has been given. The Commission may establish its own rules for the conduct of such hearing. Any such hearings may be continued, provided, prior to the adjournment or recess thereof, the presiding officer at such hearing announces the time and place to which such hearing will be continued. § 10-3.1409 ACTION BY THE COMMISSION.
Within 30 days after the conclusion of the public hearing thereon, the Commission shall grant the variance with such conditions as it deems necessary or shall deny the variance. In the event of the granting of a variance, the Planning Director shall notify the applicant therefor of such granting in writing, and such variance shall be effective upon execution by the applicant of an acceptance thereof and agreement to abide by all the conditions attached thereto. 141
§ 10-3.1410 APPEALS TO THE COUNCIL.
Any applicant for a variance aggrieved by the action of the Commission upon such application may appeal the decision of the Commission to the Council. Such appeal shall be made within ten calendar days after receipt of notice of the action of the Commission and shall be submitted in writing to the City Clerk.
Thereafter, the Council may affirm, modify, or reverse the decision of the Commission as it deems fit.
Failure of the Council to take action upon such appeal within 30 days after consideration of any such appeal at a Council meeting shall constitute an affirmance of the action of the Commission unless specifically otherwise stated by minute order of the Council before the expiration of such 30-day period. § 10-3.1411 TERMINATION.
If the use authorized by any variance is or has been unused, abandoned, or discontinued for a period of six months, or if the conditions of the variance have not been complied with, the variance shall become null and void and of no effect; excepting that where construction of buildings, structures, and/or facilities is necessary, work on such construction shall be actually commenced within the aforesaid six-month period and shall be diligently prosecuted to completion; otherwise the variance shall be automatically null and void and of no effect.
ZONING TEXT AND MAP AMENDMENTS
§ 10-3.1501 NECESSITY.
Whenever the public necessity, convenience, general welfare, or good zoning practices require, this chapter may be amended by changing the zone boundaries or by changing any other provisions hereof. § 10-3.1502 INITIATION OF PROCEDURE.
An amendment may be initiated by:
(A) Resolution of intention of the Council;
(B) Resolution of intention of the Commission or the Director; or (C) The verified application of one or more of the owners of the property within the area proposed to be changed.
§ 10-3.1503 APPLICATION FOR CHANGE.
Applications for any change of zone boundaries or reclassification of zones or change of any other provision of this chapter shall be filed with the Planning Director. Such applications shall be upon forms and accompanied by such data and information as may be prescribed for that purpose by the Commission so as to assure the fullest practicable presentation of facts for the permanent record. § 10-3.1504 FILING FEE.
Each application for any change of zone boundaries shall be accompanied by a fee as established by resolution of the City Council, no part of which shall be returnable to the applicant. § 10-3.1505 INVESTIGATION.
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The Commission shall cause to be made by its own members, or members of its staff, such investigation of facts bearing upon such application as will serve to provide all necessary information to assure that the action on each such application is consistent with the intent and purposes of this chapter. Any failure to conduct an investigation will not invalidate any proceedings for amendment of this chapter. § 10-3.1506 NOTICES.
(A) Any amendment to this title, other than an amendment which changes any property from one zone to another, or which imposes any regulation relating to the use of buildings, structures, and land, or the location, height, sizes of buildings, or sizes of yards, courts, and open spaces, or which establishes building setback lines along any street, road, or alley, shall be considered by the Planning Commission at a public hearing for the purpose of providing a recommendation to the City Council. Not less than ten 20 days prior to a public hearing of the Planning Commission and not less than 10 days before such public hearing of the City Council, notice shall be given of such hearing in the following manner: 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.
(B) In the event a proposed amendment changes any property form one zone to another, or imposes any regulation relating to the use of buildings, structures, and land, or the location, height, sizes of buildings, or sizes of yards, courts, and open spaces, or which establishes building setback lines along any street, road, or alley, the following additional notice shall be provided for a public hearing:
(1) 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. (2) 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. (3) 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) shall be consistent with the requirements of the California Environmental Quality Act. (4) 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. § 10-3.1507 PUBLIC HEARING.
Public hearings, as required by the provisions of this subchapter, shall be held before the Commission which may establish its own rules for the conduct thereof. Any such hearing may be continued by oral pronouncement prior to its close and such pronouncement shall serve as sufficient notice of such continuance and without recourse to the form and manner of public notice as provided for in this subchapter.
§ 10-3.1508 FINDINGS OF THE COMMISSION.
After the conclusion of the public hearings, the Commission shall render a report and recommendation to the Council within 90 days after the notice of the first of such hearings provided that such time limit may be extended upon the mutual agreement of the parties having an interest in the proceedings. Failure of the Commission so to report within 90 days without the aforesaid agreement shall be deemed to constitute an a recommendation of approval of the proposed amendment by the Commission. 143
§ 10-3.1509 ACTION BY COUNCIL.
(A) Upon receipt of such report from the Commission or upon the expiration of 90 days, the Council shall set the matter for public hearing, notice of which shall be given by one publication not less than ten days before the date of the hearing in a newspaper of general circulation within the city; provided, however, if the matter under consideration concerns the change of property from one zone to another, and the Commission has recommended against the adoption of such amendment, the Council need not take any further action thereon unless the Council so desires or unless an interested party shall request a hearing thereon by filing a written request with the City Clerk within five days after the Commission files its recommendations with the Council.
(B) After the conclusion of such hearing, the Council may adopt the amendment, or any part thereof, set forth in the petition in such form as the Council may deem to be advisable. § 10-3.1510 USE PERMITS REQUIRED.
From and after the date of adoption of the Resolution of Intention by the Council or the Commission, or on the date of filing of the verified application with the Commission for a proposed change of zone or zone boundaries, all uses within the area proposed to be changed shall be permitted only upon first securing in each case a use permit from the Commission. All uses permitted pursuant to such use permits shall be limited to the uses allowable within the existing zone of such area. In the event the proposal to change the zone is for a more restricted zone, the Commission may restrict the uses within such area to the more restricted proposed zone.
§ 10-3.1511 SPECIAL ZONING EXCEPTIONS.
Notwithstanding any other provisions of this chapter, if an application for a change of zone boundaries or reclassification of zones is filed with the Commission, accompanied by a proposal for the use of such property as hereinafter set forth, the Commission may recommend that the Council, instead of granting or denying such application, authorize the issuance of a special zoning exception which will permit the development or use of such property in accordance with such proposed development Before consideration by the Commission or Council of the granting of a special zoning exception, an applicant shall submit all of the following information:
(A) Three prints of a site plan drawn to scale which shall contain the following information:
(1) Lot dimensions;
(2) Location, elevations, size, height, and the proposed use of all buildings and structures; (3) Location and dimensions of yards and spaces between buildings; (4) Location, height, and type of construction of walls and fences; (5) Location of off-street parking facilities, including the number of spaces, the dimensions of the parking area, and the internal circulation pattern;
(6) Access points for pedestrians, vehicular and service traffic, and internal circulation; (7) Location, size, and height of any proposed signs;
(8) Loading areas, including the dimensions, the number of spaces, and the internal circulation; (9) Location and general nature and hooding devices for lighting; (10) Dedications for public use and proposed improvements; and (11) Landscaping and such other data as may be required by the Planning Engineer or the Commission; and
(B) Facts which will enable the Commission to find all of the following:
(1) That if a special zoning exception is granted, there will be compliance with all the applicable provisions of this code; and
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(2) That the public health, safety, and welfare will not be affected or that damage or prejudice to other property or improvements in the vicinity will not result if a special zoning exception is allowed. § 10-3.1512 EXCEPTIONS PROCEDURE.
If an application is submitted to the Planning Engineer in accordance with the provisions of § 10-3.1511 of this subchapter, all other provisions of this subchapter shall apply to the processing of the application for the proposed change in zone boundaries; provided, however, if a special zoning exception is authorized by the Council, after the conclusion of the public hearing upon the application for the change in zone boundaries, no action shall be taken by the Council to effectuate any such change until it has been determined that all of the conditions of the granting of the special exception have been met. Each special zoning exception shall specify a certain date on, or before, which work upon the proposed use of the land shall have been commenced to the satisfaction of the Planning Engineer. The failure of an applicant or his or her successor in interest to the property involved to commence such work within such time shall nullify the special zoning exception, and the application for the change of zone shall be deemed denied. § 10-3.1513 CONDITIONS.
Special zoning exceptions may be granted in accordance with this subchapter subject to any or all of the conditions hereinafter set forth by way of example only and not by way of limitation:
(A) Construction of special yards, spaces, and buffers; (B) Construction of fences and walls;
(C) Surfacing of parking areas to city specifications;
(D) Dedication of property for public use and completion of improvements, including service roads or alleys;
(E) Regulation of points of vehicular ingress and egress; (F) Regulation of signs;
(G) Completion of landscaping and provisions for the maintenance thereof; (H) The establishment of restrictions to control noise, vibration, odors, and other similar characteristics;
(I) The posting of faithful performance and labor and materials' bonds in amounts recommended by the City Engineer to insure completion of any public improvements which are required to be made as a condition of the granting of the zoning exception. Such work shall be completed within the time specified by the Council; provided, however, if no time is specified by the Council, such work shall be completed in one year from the date the special zoning exception is approved; and (J) Such other conditions as will make possible the development of the city in an orderly and efficient manner in conformity with the intent and purposes set forth in this chapter. § 10-3.1514 BUILDING PERMITS.
Before any building permit shall be issued for any building or structure proposed as part of the approved site plan referred to in § 10-3.1511 of this subchapter, the Building Inspector shall secure written approval from the Planning Engineer that the proposed building location is in conformity with the site plan and conditions approved by the Council. Before a building may be occupied, the Building Inspector shall certify to the Planning Engineer that the site has been developed in conformity with the site plan and conditions approved by the Council.
§ 10-3.1515 REZONING UPON COMPLETION OF WORK.
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Upon the development and use of property in accordance with the provisions of § 10-3.1513 of this subchapter, the district, or part thereof, for which the special zoning exception was granted shall be thereupon rezoned, altered, amended, and established in accordance with the original application, or as set forth in the order of the Council made at the time such zoning exception was granted.
INTERPRETATION, ENFORCEMENT, VIOLATIONS, AND PENALTIES
§ 10-3.1601 INTERPRETATION .
(A) The Commission shall have the power to hear and decide appeals based on the enforcement or interpretation of the provisions of this chapter.
(B) In the event an applicant is not satisfied with the action of the Commission on any particular matter, he or she may, within 105 days from the date of such action, appeal in writing to the Council. (C) The appeal to the Council shall set forth specifically wherein the Commission's findings were in error and wherein the public necessity, convenience, and welfare or good zoning practices require such change.
(D) Notice shall be given to the Commission of such appeal, and a report shall be submitted by the Commission to the Council setting forth the reasons for action taken by the Commission, or the Commission shall be represented at the Council meeting. (E) The Council shall render its decision within 30 days following the filing of such appeal. § 10-3.1602 ENFORCEMENT.
(A) Issuance of permits and licenses. All departments, officials, and public employees of the city vested with the duty or authority to issue permits and licenses shall conform to the provisions of this chapter. No permit or license for uses, buildings, or purposes in conflict with the provisions of this chapter shall be issued. Any permit or license issued in conflict with the provisions of this chapter shall be null and void. It shall be the duty of the Planning Director to enforce the provisions of this chapter pertaining to the erection, construction, reconstruction, moving, conversion, alteration, or addition to any building by structure.
(B) Approval of Planning Director. Before issuing a business license for any new business, or before issuing a business license for a new location of any existing business activity, the Finance Department shall obtain the approval of the Planning Director respecting compliance with the provisions of this chapter.
§ 10-3.1603 VIOLATIONS OF CHAPTER; DECLARATION OF NUISANCE. (A) Any person, whether as principal, agent, employee, owner, occupant, tenant, lessee or otherwise, violating or causing the violation of any of the provisions of this chapter, except §§ 10-3.1603(B)(12), (B)(13) or (B)(17) is specifically declared to be guilty of a misdemeanor. Any person, whether as principal, agent, employee, owner, occupant, tenant, lessee or otherwise, violating or causing the violation of any of the provisions of §§ 10-3.1603(B)(12), (B)(13) or (B)(17) of this chapter is specifically declared to be guilty of an infraction. Any building or structure set up, erected, constructed, operated, or maintained contrary to the provisions of this chapter, and any use of any land, building or premises established, conducted, operated, or maintained contrary to the provisions of this chapter and any uses of real property as hereinafter set forth shall be and are declared unlawful and a public nuisance. 146
(B) In addition and supplemental to the terms and provisions of this chapter, the hereinafter activities of any person owning, leasing, occupying, or having charge or possession of real property in this city are declared a public nuisance and shall be abated as hereinafter set forth. The conduct consists of the following:
(1) The maintenance of any building or property in such a manner as to constitute a fire hazard or danger to human life or the maintenance or failure to maintain the property so as to constitute a fire hazard or a likely habitat for vermin or to maintain property, the topography or configuration of which, whether a natural state or as a result of grading operations, causes or will cause erosion, subsidence, or surface water run-off problems which will or may be injurious to the public health, safety, and welfare to adjacent or nearby properties;
(2) To maintain or fail to maintain property or any building or structure thereon, so that it is found, as provided in this chapter, to be defective, unsightly, defaced, or in such condition of deterioration or disrepair that it causes or will cause an ascertainable diminishment of the property values of surrounding properties or is otherwise materially detrimental to adjacent and nearby properties and improvements. The term DEFACED as used herein includes, but is not limited to, writings, inscriptions, figures, scratches, or other markings commonly referred to as GRAFFITI;
(3) To abandon or vacate any structure so that it becomes readily available to unauthorized persons, including, but not limited to, juveniles and vagrants. Such abandonment or vacation shall be presumed when a building or structure which is uninhabited or unused is unsecured and when the public can gain entry without consent of the owner or is a partially constructed, reconstructed, or demolished building or structure upon which work is abandoned, such abandonment being deemed to exist when there is no valid and current building or demolition permit or where there has not been any substantial work on the project for a period of six months or more;
(4) The maintenance or the failure to maintain any real property, structures, or uses or activities thereon in violation of any of the provisions of titles 3, 4, 5, 7, 9 and 10 of the City Municipal Code, or as specified in Cal. Health & Safety Code §§ 17920.3 et seq., or of the State Housing Law or § 104 of the Uniform Code for Building Conservation or the storage, discharge, holding, handling, maintaining, using, or otherwise dealing with hazardous substances as defined by the State Health and Safety Codes or the Superfund Amendments and Reauthorization Act of 1986, Title 3 or other federal laws relating thereto in violation of such regulations;
(5) The maintenance of or allowing to be maintained on any real property, any labor supply camp, labor camp, or temporary labor camp as defined in the Health and Safety Code of the State unless specifically authorized in the zoning district in which the property is located; (6) The keeping or maintaining of any animal, reptile, fowl, insect, or other living thing in such a manner as to pose a threat, disturbance, danger, or menace to persons or property of another, including public property;
(7) The maintenance or operation of any machinery which by reason of dust, exhaust, or fumes creates a health or safety hazard;
(8) The parking, storage, or maintenance of any of the following items in residential areas except as otherwise allowed in this code;
(a) Any airplane or other aircraft or parts thereof in any front or side yard; (b) Any construction or commercial equipment, machinery, vehicles, or material except such equipment or material temporarily located on the property as may be required for construction or installation of improvements or facilities on the property; (c) Special mobile equipment as defined in Cal. Veh. Code § 575 or other sections for any period in excess of 72 consecutive hours in a front or side yard unless such items are either in an accessory building constructed in accordance with the provisions of the City Municipal Code or in any area which provides for a five foot set-back from any property lines. In no event shall any such equipment be parked, stored, or kept within five feet of any exit, including exit windows. (9) The keeping, operating, or maintaining any motor vehicle which has been wrecked, dismantled, or disassembled or any part thereof on any property in a residential zone in excess of 72 consecutive 147
hours unless the same is either in an accessory building constructed in accordance with the provisions of the City Municipal Code or completely concealed from public view behind a solid fence or wall constructed in accordance with the provisions of the Municipal Code; (10) The keeping, maintenance, or storage of any refrigerator, washing machine, sink, stove, heater, boiler, tank, or any other household equipment, machinery, or furniture other than furniture designed for use in outdoor activities for a period in excess of 72 consecutive hours, on any property, provided, however, this prohibition shall not preclude the maintenance of machinery installed in the rear set-back area of property for household or recreational use, furniture designed and used for outdoor activities, and items stored or kept within an enclosed storage structure or unit; (11) The wrecking, dismantling, disassembling, manufacturing, fabricating, building, remodeling, assembling, repairing, painting, washing, cleaning, or servicing in any set-back area of any airplane, aircraft, motor vehicle, boat, trailer, machinery, equipment, appliance or appliances, furniture, or other personal property;
(12) The use of any trailer, camper, recreational vehicle, or motor vehicle for living or sleeping quarters in any place in the city outside of a lawfully operated mobile home park or travel trailer park.
This shall not prevent bona fide guests of a city resident from occupying a trailer, camper, or recreation vehicle on residential premises with the consent of the resident or land-owner for a period not to exceed 72 hours. Any such trailer, camper, or recreational vehicle so used shall not discharge any waste or sewerage into the city sewer system except through the residential discharge connection of the residential premises on which such trailer, camper, or recreation vehicle may be parked. No such trailer, camper, or recreation vehicle shall be stored in such a way as to encroach upon, extend over, or remain in any public right-of-way or in any area so as to cause an impedance to passage or traffic hazard, or be allowed to remain in any place or in such a way that it will or may be injurious to the public health, safety, or welfare. No person shall park or leave standing a recreational vehicle trailer, including but not limited to any camp trailer, vehicle transportation trailer, trailer coach or boat trailer, regardless of width, on any street, alley or public right-of-way in the city for a period exceeding 72 hours. (13) The placing, hanging, affixing, maintaining or otherwise displaying upon any fence, wall, tree, bush, plant, or any other structure or portion thereof, any clothes, linens, rugs, fabrics, carpets, rags, or any other similar item except upon a clothesline apparatus constructed and maintained for the purpose of placing such items outside for drying. The placement of such clothesline(s) shall be prohibited within any required front yard or street side yard setback area;
(14) The maintaining of any condition, instrumentality or machine located outside of any structure on any premises, which is or may be unsafe or dangerous to children by reason of their inability to appreciate the peril therein, and which may reasonably be expected to attract children to the premises and risk injury by playing with, in, or on it, including but not limited to abandoned, broken or neglected equipment, machinery, appliances, refrigerators and freezers, hazardous pools or ponds, uncapped or otherwise dangerous wells, and excavations. This subsection shall not apply to equipment or machinery which is being temporarily used for repair or maintenance of a structure or premises, and which is under the direct supervision of the person(s) performing such maintenance or repair. This subsection shall not apply to swimming pools which are properly constructed and maintained in conformance with applicable regulations, laws and ordinances;
(15) The maintaining of unpainted buildings and those having dry rot, warping or termite infestation or the maintaining of any building on which the condition of the paint has become so deteriorated as to permit decay, excessive checking, cracking peeling, chalking, dry rot, warping or termite infestation as to render the building unsafe or in a state of disrepair inconsistent with the condition of the surrounding neighborhood;
(16) The maintaining of buildings with windows containing broken glass or no glass at all, where the window is of a type which normally contains glass;
(17) The maintaining of trees, weeds, or other types of vegetation that are dead, decayed, infested, diseased, overgrown, likely to harbor rats, vermin or other nuisances or which obstruct the view of drivers on public streets or private driveways, or which impede, obstruct or deny pedestrian or other lawful travel 148
on sidewalks, walkways, or other public rights-of-way. The following conditions of vegetation shall be deemed to be a non-exclusive list of nuisances:
(a) A tree with limbs overhanging a street or sidewalk where such limbs are less than ten feet above such street or sidewalk;
(b) A hedge, bush or shrub overhanging a street or sidewalk; (c) A hedge, bush or shrub on a corner lot within the triangular area formed by a line connecting points 20 feet from the intersection of projected street property lines with the point of the intersection of street property lines if such hedge, bush or shrub is more than 30 inches high from the surface of the ground;
(d) The limb of a tree or a hedge, bush or shrub which is so situated in or above the space between a sidewalk and the curb, as to obscure and impair the reading by motorists in the abutting portion of the street, of stop signs or other traffic signs or control devices; (e) Turf in excess of eight inches in height. For purposes of this section, the term TURF shall mean a thick-matted groundcover material consisting of one or several types of grasses, which is grown on open space areas.
§ 10-3.1604 ABATEMENT.
Any public nuisance found, as provided in this chapter, to exist on or be associated with any real property, shall be abated by the procedures set forth in this chapter. § 10-3.1605 COMMENCEMENT OF PROCEEDINGS.
Whenever the Director or Chief, as appropriate, of a responsible department (hereinafter DIRECTOR) reasonably believes a nuisance exists, he or she shall commence abatement proceedings. The Director of Community Development shall have responsibility for abating nuisance pertaining to the building and zoning ordinances regulations of the City, Titles 9 and 10, respectively, of the City Municipal Code; and the Director of Public Works, City Engineer, Fire Chief, or Police Chief shall have responsibility for abating all other nuisances under code sections for which they are directly responsible. § 10-3.1606 HEARING; NOTICE.
(A) Where the Director finds that the nuisance exists, he or she shall give not less than seven days written notice of a hearing to determine whether a nuisance exists to the owners of affected properties as shown on the latest equalized tax assessment roll by mailing the same to the owner's address as indicated thereon by certified letter, and further, by conspicuously posting on the affected premises a copy of the notice.
(B) The notice shall indicate the nature of the alleged nuisance, the description of the property involved, and the designation of the time and place of the hearing to determine whether the same constitutes a nuisance, and the manner of its proposed abatement if the same is found to be a nuisance. (C) The failure of any person to receive the notice shall not affect the validity of any proceedings under this subchapter.
§ 10-3.1607 HEARING CONDUCT.
The hearing to determine whether a nuisance exists shall be conducted by the City Administrator or a duly authorized representative, who shall act as the Hearing Officer. At the hearing, the Hearing Officer shall consider all relevant evidence, including but not limited to applicable staff reports. He or she shall give any interested person a reasonable opportunity to be heard in conjunction therewith. Based upon the 149
evidence so presented, the Hearing Officer shall determine whether a nuisance within the meaning of this chapter exists.
§ 10-3.1608 ORDER OF ABATEMENT.
(A) The decision of the Hearing Officer shall be final and conclusive in the absence of an appeal as provided in the Municipal Code.
(B) The Hearing Officer shall, within five working days, give written notice of his or her decision to the owner and to any other person requesting the same. The notice shall contain an order of abatement, if a nuisance is determined to exist, directed to the owner of the affected property or the person in control and/or in charge of the property, and shall set forth the nature of the nuisance, its location and the time and manner for its abatement.
(C) Where an appeal is filed as provided in this code, the order of abatement shall be suspended pending the review of the determination in the manner set forth in this subchapter. § 10-3.1609 APPEAL.
(A) The owner of the property or any other person in possession or claiming any legal or equitable interest therein shall have the right of appeal to the City Council. (B) The appeal shall be filed with the City Clerk within five working days following the decision of the Hearing Officer. The appeal shall be in writing and shall state the grounds for the appeal. (C) The City Clerk shall set the matter for a public hearing before the Council at a date and time not less than ten nor more than 35 days following the filing of the appeal. The City Clerk shall then notify the appellant, by mail, of the date and time of the hearing. The City Council may continue the hearing date where necessary.
(D) The Council may, by resolution, establish a fee for the processing of an appeal. § 10-3.1610 COUNCIL ACTION.
(A) At the time and place set for such hearing, the City Council shall review the decision of the Hearing Officer and shall afford the appellant a reasonable opportunity to be heard in connection therewith.
(B) If the City Council finds from the relevant evidence presented at the hearing that the action taken was in conformity with the provisions of the code, it shall require compliance with the order of abatement within 30 days after the mailing of a copy of its order to the affected property owner unless a period of time in excess of 30 days is specifically authorized within which to abate the nuisance. (C) If the nuisance is not abated within the 30-day period or within such longer period as the Council may provide, the Director of the responsible Department is expressly authorized and directed to enter upon the premises for the purpose of abating the nuisance after obtaining the permission of the owner of the equitable interest therein, or after obtaining a warrant or court order specifically authorizing entrance upon the premises for the express purpose of abating the nuisance. § 10-3.1611 NOTICE OF COUNCIL DECISION.
A copy of the Council's order shall be mailed to the owner, and to any other person requesting the same, by the City Clerk within five working days after the adoption thereof. The Council's decision shall be final and conclusive. Pursuant to Code of Cal. Civ. Proc. § 1094.6, any action to review the decision of the Council shall be commenced not later than 19 days after the date the Council's order is adopted. 150
§ 10-3.1612 COST OF ABATEMENT.
Where the Director is required to cause the abatement of a public nuisance pursuant to the provisions of this chapter, he or she shall keep an accounting of the cost thereof, including incidental expenses for the abatement. The term INCIDENTAL EXPENSES includes but is not limited to the actual expenses and costs of the city in the preparation of notices, specifications, and contracts, inspection of the work, and the costs of printing and mailings required under this chapter. Upon conclusion of the abatement, he or she shall submit an itemized statement of costs to the city and set the same for a hearing before the Hearing Officer. The Director shall cause notice of the time and place of the hearing to be given to the owners of the property to which the same relate, and to any other interested person requesting the same, by US mail, postage prepaid, addressed to the person at his or her last known address at least five days in advance of the hearing.
§ 10-3.1613 REPORT; HEARING AND PROCEEDINGS.
At the time and place fixed for receiving and considering the report, the Hearing Officer shall hear and pass upon the report of the Director together with any objections or protests raised by any of the persons liable to be assessed for the cost of abating the nuisance. Thereupon, the City Manager shall make such revision, correction, and modification to the report, as he or she may deem just, after which the report is submitted, or as revised, corrected, or modified, shall be confirmed. The hearing may be continued from time to time. The decision of the Hearing Officer shall be subject to an appeal to the City Council in the time and manner set forth in §§ 10-3.1707 and 10-3.1708. § 10-3.1614 ASSESSMENT OF COSTS AGAINST PROPERTY.
The confirmed cost of abatement of a nuisance upon any lot or parcel of land shall constitute a special assessment against the respective lot or parcel of land to which it relates; and, after due notice and recordation, as thus made and confirmed, the same shall constitute a lien on the property in the amount of the assessment. After the confirmation of the report, a copy thereof shall be transmitted to the Tax Collector for the county, whereupon it shall be the duty of the Tax Collector to add the amounts of the assessment, or assessments, to the next regular bills of taxes levied against the respective lots and parcels of land for municipal purposes; and thereafter the amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure for foreclosure and sale in case of delinquency as provided for ordinary municipal taxes. § 10-3.1615 ALTERNATIVES.
Nothing in this chapter shall be deemed to prevent the City Attorney from commencing a civil action to abate a nuisance, including bringing an action to enjoin the nuisance, in addition to, alternatively to, or in conjunction with the proceedings set forth in this chapter; nor shall anything in this chapter be deemed to prevent the city from commencing a criminal action with respect to the nuisance in addition to, alternatively to, or in conjunction with the proceedings set forth in this chapter. § 10-3.1616 EMERGENCY ABATEMENT.
Notwithstanding any other provision of this subchapter with reference to the abatement of public nuisance, whenever the Director of a responsible department determines that property, a building, or structure is structurally unsafe, or constitutes a fire hazard, or is otherwise dangerous to human life, and such condition constitutes an immediate hazard or danger, he or she shall, without observing the 151
provisions of this chapter with reference to abatement procedures, immediately and forthwith abate the existing public nuisance.
§ 10-3.1617 VIOLATION; PENALTY.
(A) The owner or other person having charge or control of any such buildings or premises who maintains any public nuisance defined in this subchapter, or who violates an order of abatement made pursuant to § 10-3.1706 is guilty of a misdemeanor.
(B) Any occupant or lessee in possession of any building or structure in violation of an order given as provided in this chapter is guilty of a misdemeanor.
(C) No person shall obstruct, impede, or interfere with any representative of the City Council or with any representative of a city department or with any person who owns or holds any estate or interest in a building which has been ordered to be vacated, repaired, rehabilitated, or demolished and removed, or with any person to whom any such building has been lawfully sold pursuant to the provisions of this code whenever any such representative of the City Council, representative of the city, purchaser, or person having any interest or estate in the building is engaged in vacating, repairing, rehabilitating, or demolishing and removing any such building pursuant to the provisions of this chapter, or in performing any necessary act preliminary to or incidental to such work as authorized or directed pursuant to this subchapter.
DEVELOPMENT AGREEMENTS
§ 10-3.1701 AUTHORITY FOR ADOPTION.
These regulations are adopted under the authority of Cal. Gov’t Code §§ 65864 through 65869.5. All development agreements entered into pursuant to this subchapter shall be approved by ordinance of the City Council.
§ 10-3.1702 FORMS AND INFORMATION.
The Community Development Director shall prescribe the form for each application, notice and documents provided for or required under these regulations for the preparation and implementation of development agreements. The Community Development Director may require an applicant to submit such information and supporting data as the Community Development Director considers necessary to process the application. An applicant requesting consideration and adoption of a development agreement shall at a minimum include the following information:
(A) The nature of the applicant's legal or equitable interest in the subject real property and a legal description of the property sufficient for recordation; (B) A description of the development project sufficient to enable the Community Development Department and other departments and agencies to review the application for legality, compliance with standards, consistency with applicable plans, and environmental assessment requirements. The Planning Division may require the description to include site and building plans, architectural elevations, a description of the project's relationship to adjacent properties and land uses; (C) A listing of each discretionary or ministerial action, permit and/or entitlement necessary for, or previously obtained with respect to, the project, including actions, permits, and/or entitlements issued by, or to be obtained from agencies other than the city. The listing will describe and distinguish between 152
those elements of the development project which are proposed to be fixed by the development agreement and those which may be subject to further review;
(D) The proposed duration of the development agreement; (E) The density and or intensity of the uses to be permitted; (F) The maximum height and size of the proposed buildings; (G) Provisions for reservation or dedication of land for public purposes, as applicable; (H) Any proposed conditions, terms, restrictions or requirements to be applicable to subsequent discretionary actions, provided that the proposed conditions, terms, restrictions or requirements shall not be construed to prevent development of the land for the uses and to the density or intensity of development set forth in the development agreement, unless specifically and expressly provided in the development agreement;
(I) A date by which construction shall have been commenced; (J) Proposed phasing of the development project and of the construction of public facilities, including estimated and mandatory completion dates, interim progress milestones, and performance standards for periodic review of the development agreement;
(K) The manner in which the applicant proposes to finance and provide security for the construction of public facilities, and provisions for reimbursement, if any; (L) A provision including as terms of the development agreement all mitigation measures previously adopted pursuant to the California Environmental Quality Act with respect to discretionary actions, permits and/or entitlements for the project granted by the city or other agencies, and a provision committing the applicant to incorporate as terms of the development agreement, to the extent required by the California Environmental Quality Act, all future mitigation measures necessary to avoid or substantially lessen significant environmental effects which can be feasibly mitigated, provided that nothing in this subchapter shall preclude the preparation of statements of overriding considerations when deemed appropriate and lawful by the city or other agencies; (M) A clause requiring the applicant to indemnify the city against claims arising out of the development process and to provide insurance in an amount and form acceptable to the city attorney to assure the applicant's ability to satisfy its indemnification duty. § 10-3.1703 QUALIFICATION AS AN APPLICANT.
Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person who has legal or equitable interest in the real property which is the subject of the development agreement. Applicant includes an authorized agent. The Community Development Director may require an applicant to submit proof (including but not limited to a title report) of his/her interest in the real property and of the authority of the agent to act for the applicant. Before processing the application, the Community Development Director shall obtain the opinion of the City Attorney as to the sufficiency of the applicant's interest in the real property to enter into the agreement. § 10-3.1704 PROPOSED FORM OF AGREEMENT.
Each application shall be accompanied by the form of development agreement proposed by the applicant. This requirement may be met by utilizing the city's standard form of development agreement adopted by the Community Development Director, and including specific proposals for changes in, or additions to the language of the standard form.
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§ 10-3.1705 FEES.
Fees to be imposed for the filing and processing of each application, required consideration, and adoption of a development agreement shall be as prescribed by resolution adopted by the City Council.
No such application shall be deemed complete unless it is accompanied by the current filing and processing fee. The filing and processing fee shall be in addition to any other required fees for permits or capital improvements relating to the development project, and shall be for the purpose of defraying the costs incurred by the city during review and action upon the development agreement application and during periodic review thereof.
§ 10-3.1706 REVIEW OF APPLICATION.
(A) The Community Development Director shall endorse the application on the date it is received. He or she shall review the application and may reject it if it is incomplete or inaccurate for processing. If he or she finds that the application is complete, he or she shall accept it for filing. The Director shall review the application and determine the additional requirements necessary to complete the agreement. (B) Upon acceptance of a complete application, the development agreement and supporting information shall be circulated to each city department or local agency having an interest in the project.
Each such department or agency shall review, comment upon, and recommend such changes to the proposed development agreement as may be necessary or desirable. (C) After receiving responses from other departments or agencies, the Director shall prepare a staff report and recommendation and shall state whether or not the agreement proposed, or in an amended form, would be consistent with the general plan and any applicable specific plan. § 10-3.1707 COORDINATION OF APPLICATIONS.
To the extent practicable, applications requesting consideration and adoption of development agreements will be made and considered concurrently with the review of other discretionary permit applications within the city's control. It is the city's intent to avoid duplicative hearings and the repetition of information and effort. The development agreement shall not constitute a substitute for, or an alternative to, any other required permit or approval, and the applicant must comply with all other procedures required for development approval.
§ 10-3.1708 HEARING NOTICE.
(A) The Community Development Director shall give notice of the city's intention to consider adoption of the development agreement and of any other public hearing required by law or the municipal code.
(B) The form of the notice of intention to consider adoption of development agreement shall contain:
(1) The time and place of the hearing;
(2) The identity of the hearing body;
(3) A general explanation of the matter to be considered including a general description and location of the area affected; and
(4) Other information required by specific provision of these regulations or which the Community Development Director considers necessary or desirable.
(C) The time and manner of giving notice is by both of the following:
(1) Publication at least once in a newspaper of general circulation, published and circulated in the city, not less than ten days prior to the date of the hearing. 154
(2) Mailing of the notice to all persons shown on the last equalized assessment roll as owning real property within 300 feet of the property which is the subject of the proposed development agreement, not less than ten days prior to the date of the hearing.
(D) The Planning Commission or City Council, as the case may be, may direct that notice of the public hearing to be held before it, shall be given in a manner that exceeds the notice requirements prescribed by state law or this article.
(E) The failure of any person, entitled to notice as required by law or this chapter , to receive such notice does not affect the authority of the city to enter into a development agreement or the validity thereof.
§ 10-3.1709 RULES GOVERNING CONDUCT OF HEARING.
The public hearing shall be conducted as nearly as may be in accordance with the procedural standards adopted for the conduct of zoning hearings. Each person interested in the matter shall be given an opportunity to be heard. The applicant has the burden of proof at the public hearing on the proposed development agreement.
§ 10-3.1710 IRREGULARITY IN PROCEEDINGS.
No action, inaction or recommendation regarding the proposed development agreement shall be held void or invalid or be set aside by a court by reason of any error, irregularity, informality, neglect or omission ("error") as to any matter pertaining to a petition, application, notice, finding, record, hearing, report, recommendation, or any matters of procedure whatsoever unless after an examination of the entire case, including the evidence, the court is of the opinion that the error complained of was prejudicial and that by reason of the error the complaining party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed. There is no presumption that error is prejudicial or that injury was done if error is shown. § 10-3.1711 DETERMINATION BY PLANNING COMMISSION.
(A) The Planning Commission shall conduct a public hearing on the proposed development agreement, which may be continued from time to time. The Commission shall consider the staff report, as well as comments from the applicant and members of the public. Upon conclusion of the hearing, the Commission shall report its recommendation to the City Council in the form of a resolution. The Commission may recommend that the development agreement be adopted as proposed, or with such amendments as the Commission deems to be necessary or desirable to further the purposes of the municipal code, or otherwise in the public interest; or the Commission may recommend that the development agreement be rejected. The recommendation shall include the Planning Commission's determination whether or not the development agreement proposed:
(1) Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan;
(2) Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located;
(3) Is in conformity with public convenience, general welfare and good land use practice; (4) Will not be detrimental to the health, safety and general welfare; and (5) Will not adversely affect the orderly development of property or the preservation of property values.
The recommendation shall also include the reasons for the recommendation. 155
(B) Upon action by the Planning Commission, the proposed development agreement, shall be forwarded to the City Clerk for scheduling as the introduction of an ordinance at the next available meeting of the City Council.
§ 10-3.1712 DECISION BY CITY COUNCIL.
(A) Upon receipt of the Planning Commission's recommendation, the City Clerk shall schedule the proposed development agreement on the next available meeting of the City Council as the introduction and first reading of an ordinance.
(B) Not less than five days after the successful introduction of the ordinance, a public hearing and second reading of the proposed development agreement shall be held. Notice of the public hearing shall be provided in accordance with § 10-3.1708.
(C) After the City Council completes the public hearing, which may be continued from time to time, it may accept, modify or disapprove the recommendation of the Planning Commission. It may, but need not, refer matters not previously considered by the Planning Commission during its hearing, back to the Planning Commission for report and recommendation. The Planning Commission may, but need not, hold a public hearing on matters referred back to it by the City Council. (D) The City Council shall not approve the development agreement unless it finds that the provisions of the agreement are consistent with the general plan and any applicable specific plan. (E) The City Council has sole discretion to either approve or not approve a development agreement, and there is no right to have such an agreement approved even if the City Council determines that it is in the best interests of the city.
(F) Approval of a development agreement by the City Council shall be by the adoption of an ordinance which shall be effective 31 days after adoption.
§ 10-3.1713 RECORDATION OF DEVELOPMENT AGREEMENT.
(A) Within ten days after the city enters into a development agreement, the City Clerk shall have the agreement recorded with the County Recorder. Upon the effective date of the ordinance adopting the development agreement, the agreement shall be effective and binding upon, and the benefits of the agreement shall inure to, the parties and all successors in interest to the parties to the agreement. (B) If the parties to the development agreement or their successors in interest amend or cancel the development agreement as provided above, or if the city terminates or modifies the agreement for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the City Clerk shall cause notice of such action to be recorded with the County Recorder. § 10-3.1714 AMENDMENT AND CANCELLATION OF AGREEMENT.
(A) Either party may propose an amendment to or cancellation in whole or in part of the development agreement previously entered into.
(B) The procedure for proposing and adoption of an amendment to or cancellation in whole or in part of the development agreement is the same as the procedure for entering into a development agreement.
However, where the city initiates the proposed amendment to or cancellation in whole or in part of the development agreement based on its annual review thereof, it shall first give notice to the property owner at least 30 days prior to the hearing by the City Council to consider such amendment or cancellation. § 10-3.1715 PERIODIC REVIEW.
156
(A) The city shall review each development agreement every 12 months from the date the agreement is entered into. The time for review may be modified to be more frequent either by agreement between the parties or by initiation in one or more of the following ways:
(1) Affirmative vote of at least four members of the Planning Commission; or, (2) Affirmative vote of at least three members of the City Council. (B) The Community Development Director shall begin the review proceeding by giving notice that the city intends to undertake a periodic review of the development agreement to the property owner. Notice shall be provided at least ten days in advance of the time at which the matter will be considered by the Planning Commission.
(C) Annual review of development agreements shall be conducted by the Planning Commission at a public hearing at which the property owner shall demonstrate good faith compliance with the terms of development agreement. The burden of proof on this issue is upon the property owner. (D) The Planning Commission shall determine upon the basis of substantial evidence whether or not the property owner has, for the period under review, complied in good faith with the terms and conditions of the development agreement.
(E) If the Planning Commission finds and determines on the basis of substantial evidence that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the Commission shall by resolution adopt a statement of compliance certifying such compliance in a form suitable for recording in the County Recorder's Office. Upon recording of a statement of compliance, the review for that period is concluded. A resolution adopting a statement of compliance shall be final ten days after the Planning Commission decision, unless a notice of appeal has been filed pursuant to the provisions of the municipal code. (F) If the Planning Commission finds and determines on the basis of substantial evidence that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the Planning Commission may recommend to the City Council that the development agreement be modified or terminated.
(G) The procedure for modifying or terminating a development agreement shall be the same as the procedure for entering into a development agreement, except that the owner shall be given at least 30 § 10-3.1716 STATEMENT OF COMPLIANCE APPEALS.
(A) The applicant, City Council, or any affected person may appeal the Planning Commission's resolution adopting a statement of compliance in accordance with the provisions of the municipal code.
The appellant shall bear the burden of demonstrating, on the basis of substantial evidence, that the applicant or successor in interest has not complied with the terms and conditions of the adopted development agreement.
(B) The City Council may uphold the statement of compliance, amend and approve the Planning Commission recommendation or statement of compliance, or reject it. The City Council may unilaterally terminate or modify the development agreement upon a determination based upon substantial evidence that the applicant or successor in interest has not complied with the terms and conditions of the agreement. Such determination shall be final and conclusive. § 10-3.1717 PROCEDURES FOR MODIFICATION OR TERMINATION. (A) If, upon a finding under § 10-3.1715, the city determines to proceed with modification or termination of the development agreement, the city shall give notice to the property owner of its intention so to do. The notice shall contain:
(1) The time and place of the hearing;
157
(2) A statement as to whether or not the city proposes to terminate or to modify the development agreement; and
(3) Other information which the city considers necessary to inform the property owner of the nature of the proceeding.
(B) At the time and place set for the hearing on modification or termination, the property owner shall be given an opportunity to be heard. The City Council may refer the matter back to the Planning Commission for further proceedings or for report and recommendation. The City Council may impose those conditions to the action it takes as it considers necessary to protect the interests of the city. The decision of the City Council is final.
§ 10-3.1718 CERTAINTY OF DEVELOPMENT AGREEMENTS.
(A) An adopted development agreement and any terms, conditions, maps, notes, references, or regulations which are a part of the agreement shall be considered enforceable elements of the city's municipal code. In the event of an explicit conflict with any other provisions of the municipal code, the development agreement shall take precedence. Unless otherwise provided by the development agreement, the city's ordinances, resolutions, rules and regulations, and official policies governing permitted land uses, density, design, improvement and construction standards shall be those city's ordinances, resolutions, rules and regulations, and official policies in force at the time of final approval of the development agreement.
(B) All development agreements shall be subject to the laws, statutes, regulations or court decisions of the state and federal government. In the event any such laws, statutes, regulations or court decisions made or enacted after a development agreement has been entered into prevents or precludes compliance with one or more provisions of the development agreement, such provisions of the development agreement shall be modified or suspended as may be necessary to assure compliance by the city, applicant or successor in interest with such laws, statutes, regulations or court decisions. Nothing in this section shall be deemed to affect the validity of fees, conditions, or other exactions imposed and confirmed by the terms of the agreement.
MINOR DEVIATIONS
§ 10-3.1801 NECESSITY
Exceptions to development standards may be necessary to allow creative design solutions and to accommodate unique site conditions. The Minor Deviation process allows minor exceptions from certain requirements of this chapter to be approved at the administrative level to provide relief from the unintended consequences of the strict application of development standards. § 10-3.1802 APPLICABILITY
Minor Deviations do not apply to land use or density and shall not waive or modify a specific prohibition or procedural requirement. A Minor Deviation may be applied to the following development standards in any zone to the maximum reduction or increase as specified. (A) Reduce area or lot dimension requirements to a maximum exception of 10 percent. (B) Front and rear yard setback modifications not exceeding five feet. (C) Side yard setback modifications not exceeding two feet. (D) Building site coverage modifications not exceeding 10% of the minimum open space requirements specified by the Municipal Code.
(E) Excessive building height adjustments not exceeding two feet. 158
(F) Minor exceptions as determined by the Planning Director that provide relief of no more than 10 percent from the identified standard and meet the intent and purpose of this chapter. § 10-3.1803 APPLICATION AND FEES
(A) Applications for Minor Deviations shall be filed with the Planning Director. The Planning Division shall provide forms for such purposes and may prescribe the information to be provided in such application.
Such applications shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the city.
(B) Each application for a Minor Deviation shall be accompanied by a fee in an amount as established by resolution of the City Council. The requirement of the filing fee shall not apply to public agencies. § 10-3.1804 APPROVAL AUTHORITY
Applications for a Minor Deviation shall be reviewed and approved by the Planning Director. As the designated approving authority, the Director is authorized to approve, conditionally approve, or deny an application for a Minor Deviation.
§ 10-3.1805 PUBLIC HEARING AND NOTICING
No public hearing is required prior to taking action on an application for a Minor Deviation. § 10-3.1806 CONDITIONS OF APPROVAL
In approving an application for a Minor Deviation, the Planning Director may impose reasonable and appropriate conditions 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. § 10-3.1807 FINDINGS FOR APPROVAL
(A) The proposed development is compatible with existing and proposed land uses in the surrounding area.
(B) Any exceptions to or deviations from the requirements or development standards of this chapter result in the creation of appropriate and necessary project design solutions that would not otherwise be possible.
(C) Granting the Minor Deviation will not adversely affect the interests of the public or residents and property owners in the vicinity of the project.
(D) The proposed development is consistent with the purposes of the General Plan or any applicable specific plan or development agreement
§ 10-3.1808 APPEALS
159
In case the applicant, or other interested parties are not satisfied with the action of the Planning Director, they may within ten days appeal in writing to the Planning Commission for further action by filing an appeal with the Planning Director.
§ 10-3.1809 AMENDMENTS
Any amendments affecting an approved Minor Deviation shall be handled as a new application.
GENERAL PLAN AMENDMENTS
§ 10-3.1901 NECESSITY
This chapter establishes guidelines and procedures for amending the General Plan. The General Plan and these procedures are to be consistent with Sstate planning laws (California Government Code Section 65300 et seq.).
§ 10-3.1902 APPLICABILITY
A General Plan Amendment is required for any change to General Plan goals, policies, action items, or any change to General Plan land use diagrams or designations contained in the General Plan. § 10-3.1903 APPLICATION AND FEES
(A) Applications for a General Plan Amendment shall be made in writing to the Commission on forms prescribed by the Commission. The application shall be filed with the Community Development Director.
The Planning Division shall provide forms for such purposes and may prescribe the information to be provided in such application. Such applications shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the city. Copies of all notices, reports, and actions pertaining to the application shall be attached. (B) Each application for Ggeneral Pplan Aamendment shall be accompanied by a fee as established by resolution of the City Council, no part of which shall be returnable to the applicant. § 10-3.1904 APPROVING AUTHORITY
Applications for a General Plan Amendment shall be reviewed and approved by the designated authority as follows:
(A) Recommending Authority. The Planning Commission shall review and make recommendations, as appropriate, to the approving authority for an application for a General Plan Amendment. (B) Approving Authority. The City Council is authorized to approve, alter, or deny an application for a General Plan Amendment.
§ 10-3.1905 PUBLIC HEARING AND NOTICE
(A) The Planning Commission shall hold a public hearing to make a recommendation on applications for a General Plan Amendment. The Planning Commission’s recommendation shall be forwarded to the City Council. The City Council shall hold a public hearing prior to taking action on an application for a General Plan Amendment.
(B) Any proposed General Plan Amendment shall be considered by the Planning Commission at a public hearing for the purpose of providing a recommendation to the City Council. Not less than ten days 160
before such public hearing, notice shall be given of such hearing in the following manner: 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, and the time and place of the action or hearing.
The following additional notice shall be provided for a public hearing:
(1) 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. (2) 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.
§ 10-3.1906 FINDINGS OF APPROVAL
Prior to approving a General Plan Amendment, the City Council shall make all the following findings, which shall be made by resolution:
(A) The amendment is consistent with the intent of the General Plan vision statement and supporting principles, goals, and policies.
(B) The amendment prescribes reasonable controls and standards for affected land uses to ensure compatibility and integrity of those uses with other established uses. (C) The amendment provides for the protection of the general health, safety, and/or welfare of the community.
§ 10-3.1907 NOTICE OF DECISION
Written notice of decision of City Council shall be provided to the applicant and all parties requesting such notification. Notices of decision are not required for actions of a recommending body. The notice of decision shall be provided as follows
(A) A written notice of decision shall be mailed within 10 days of the date of decision and shall include:
(1) The application request as acted upon by the City Council. (2) Any conditions of approval or other requirements applied to the decision. (3) The action taken by the City Council
§ 10-3.1908 APPEALS
Actions taken by the City Council are final and are not subject to appeal. § 10-3.1909 EXPIRATION AND TIME EXTENSION
No extensions of time are necessary as an approved General Plan Amendment does not expire. § 10-3.1910 AMENDMENTS
Any amendments affecting an approved General Plan Amendment shall be handled as a new application. § 10-3.1911 FREQUENCY OF AMENDMENTS
Pursuant to Government Code Section 65358, no mandatory element of the General Plan may be amended more frequently than four times during any calendar year. Subject to that limitation, an amendment may be made at any time and may include more than one change to the General Plan. 161
§ 10-3.1912 ADDITIONAL NOTICE REQUIRED
Pursuant to Government Code Section 65352, at least 45 days prior to Council action on a proposed General Plan Amendment, the Community Development Director shall notify the County, the Local Agency Formation Commissions (LAFCO), any applicable Native American Tribes, and any area-wide planning agency or federal agency whose operations may be significantly affected by the proposed action and each governmental body, commission, or board, including those of any school or special districts, whose jurisdiction lies wholly or partially within the City whose functions include recommending, preparing plans for, or constructing major public works projects.
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: February 5, 2025
_________________________________ Agenda Number: ___________ Giachino Chiaramonte, Chief of Police
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Agreement with the Madera County Animal Shelter
RECOMMENDATION:
Adopt a Resolution authorizing and approving an amendment to the Fiscal Year 2024/2025 Budget appropriating $150,000 from the General Fund balance to address a missed payment obligation under the agreement with Madera County for animal control services
SUMMARY:
In 2018, the City entered into an agreement with Madera County for the provision of animal control services. Under this agreement, the City compensates the County annually at a rate established by the agreement. A recent financial audit conducted by the County identified a missed payment obligation by the City for the 2019/2020 Fiscal Year. The proposed action seeks to appropriate the necessary funds to fulfill this outstanding payment obligation.
DISCUSSION:
In partnership with City Animal Control Officers, the County delivers a comprehensive range of animal control services, including: Impoundment
Intake processing
Adoptions
Return-to-owner services
Licensing and microchipping
In the absence of a City-owned animal shelter, this agreement provides the essential framework for enforcing ordinances related to the care and management of domestic animals and livestock, ensuring public safety and welfare.
Ͳϭϰ
Following a recent audit conducted by the County, the City was notified of a missed payment for the 2019/2020 Fiscal Year. City staff conducted a thorough review to verify the notice and subsequently confirmed its validity. To address this outstanding obligation, staff recommends appropriating the necessary funds to fulfill the missed payment in accordance with the terms of the agreement. This action will ensure continued compliance with the City's contractual responsibilities and maintain the integrity of its partnership with the County. Additionally, staff will implement enhanced financial tracking measures to prevent similar oversights in the future, reinforcing fiscal accountability and transparency in managing interagency agreements.
FINANCIAL IMPACT:
This expenditure was not included in the adopted budget, as staff was unaware of the missed payment from several fiscal years ago. To uphold a positive working relationship with the County and ensure the continued delivery of animal control services, staff recommends utilizing General Fund fund balance to cover the missed payment. Exhibit A of the resolution outlines the proposed budget amendment, appropriating $150,000 to fulfill the City's payment obligation to the County for the 2019/2020 fiscal year.
ALTERNATIVES:
The City Council (Council) may direct staff to identify alternative funding sources to cover the missed payment. Additionally, the Council may instruct staff to explore options for structured or incremental payments in lieu of a lump-sum payment.
ATTACHMENTS:
1. Resolution approving a Budget Amendment
a. Exhibit A: Budget Amendment
2. Notice of financial audit from Madera County
RESOLUTION NO. 25-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA
AUTHORIZING AND APPROVING AN AMENDMENT TO THE FISCAL YEAL 2024/2025 BUDGET APPROPRIATING $150,000 FROM THE GENERAL
FUND FUND BALANCE TO ADDRESS A MISSED PAYMENT OBLIGATION
UNDER THE AGREEMENT WITH MADERA COUNTY FOR ANIMAL CONTROL
SERVICES
WHEREAS, the City entered into an agreement with Madera County (County) for the provision of animal control services; and
WHEREAS, the City compensates the County annually at a rate established by the agreement; and
WHEREAS, the County conducted a financial audit and identified a missed payment obligation by the City for the 2019/2020 Fiscal Year; and WHEREAS, the City confirmed the validity of the notice and desires to fulfill the City’s payment obligation to maintain a positive working relationship with the County; and WHEREAS, the amendment to the City of Madera Fiscal Year 2024/2025 Budget, listed in Exhibit A, attached hereto, is necessary to appropriate funds to fulfill the City’s payment obligation.
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. Funds shall be appropriated in the Fiscal Year 2024/25 operating budget in the amount of $150,000 from available General Fund fund balance in the Animal Control contracted services account to appropriate funds to fulfill the City’s missed payment obligation accordance with Exhibit A, attached hereto and incorporated by reference herein.
3. The City Clerk is authorized and directed to forward a copy of the resolution to the Director of Financial Services who is authorized to take such action as necessary to implement the terms of this resolution.
4. This resolution is effective immediately upon adoption. * * * * * * * *
ORG OBJECT
FUND CODE CODE DESCRIPTION (+) (-)
Animal Control
1020 10202060 4900 Budgetary Carryover 150,000
1020 10202060 6440 Contracted Services 150,000
TOTALS 150,000 150,000
EXHIBIT A
CITY OF MADERA FISCAL YEAR 2024/25 BUDGET APPROPRIATION
FOR MADERA COUNTY ANIMAL SHELTER AGREEMENT MISSED PAYMENT OBLIGATION
REPORT TO CITY COUNCIL
Approved by:
_________________________________
Alicia Gonzales, City Clerk
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Councilmember Appointments made by the Mayor to Collaborative Agencies RECOMMENDATION:
Approve a Minute Order Approving the Mayor’s Appointments to Collaborative Boards, Commissions, and Committees
DISCUSSION:
The Mayor is proposing appointments to the following boards and commissions as listed in Attachment A. Per the City Attorney, it is necessary for the Council to approve the Mayor’s appointments. This is based on Government Code Section 40605 states as follows:
“In general law cities where the office of mayor is an elective office pursuant to Article 5 (commencing with Section 34900) of Chapter 7 of Part 1 of Division 2 of Title 4, the mayor, with the approval of the city council, shall make all appointments to boards, commissions, and committees unless otherwise specifically provided by statute.”
The Mayor has submitted the list as outlined in Attachment 1.
FINANCIAL IMPACT:
There is no financial impact to the City as part of this item. Councilmembers receive a monthly stipend of $500 and are eligible for healthcare benefits. Should a Councilmember decline healthcare, they are eligible for a stipend of $450 per month. Additionally, the City covers expenses related to City conferences.
Council Meeting of: February 5, 2025
Agenda Number: ___B-15_____
It is also worth noting that some boards provide stipends for appointed commissioners. These stipends are not funded by the City; rather, they are provided by the respective agencies. The stipends include:
1. Madera County Transportation Commission (MCTC): Commissioners receive a stipend of $100 per meeting.
2. Local Agency Formation Commission (LAFCO): Commissioners receive a stipend of $125 per meeting, while the Chair of the Commission receives $150 per meeting.
Both MCTC and LAFCO typically hold approximately 12 meetings per year.
ALTERNATIVES:
In the event the Council does not approve the appointments, the Mayor has the prerogative to make alternative appointments for submission to the Council at a future date.
ATTACHMENTS:
1. Mayor’s Appointments to Outside Boards Worksheet
1 2025 & 2026 Mayor’s Appointment Worksheet
Committee Name Contact Date/Time & Location
Councilmember
Primary Alternate
Citizens’ Prison Advisory
Committee
Courtney Waybright
[email protected]
559-665-5531 ext. 5104
2nd Tuesday – 3:00pm
Valley State Prison for
Women
Anita Evans Jose Rodriguez
Council and Staff advisory regarding issues and concerns that affect the institutions and the community.
Madera County Local Child Care
and Development Planning Council
(LPC) Steering Committee
Gabriela Maher
[email protected]
Qtly at 11:30am-1:30pm
MCSOS Anita Evans Artemio Villegas
Advises the LPC and ensures its activities are aligned with the Council’s strategic plan.
Community Action Partnership of
Madera County (CAPMC)
Cristal Sanchez
[email protected]
559-673-9173
2nd Thursday – 5:30pm
CAPMC Steve Montes Cece Gallegos
Nonprofit corporation with joint efforts by the Madera County Board of Supervisors and Board of Directors representing elected officials, low income, labor, business, education, religion, and other major private organizations to address social programs and services for individuals and families in the community.
Madera County Economic
Development Commission (EDC)
Lois Leonard
[email protected]
559-675-7768
2nd Wed. – 3:00pm
January, April, July,
October
EDC
Elsa Mejia Cece Gallegos
City Appointment that watches over our contribution as a Joint Powers member in the EDC. One Councilmember and alternate required as part of the agreement.
Madera County Transportation
Commission (MCTC)
Sandy Ebersole
[email protected]
559-675-0721
3rd Wednesday – 3:00pm
MCTC
Cece Gallegos
Rohi Zacharia Elsa Mejia
Countywide municipal planning organization for transportation, roads, infrastructure. Commissioners receive a stipend of $100 per meeting. 2 San Joaquin River Conservancy
(SJRC)
Ashley Bybee
[email protected]
559-253-7324
1st Wednesday – 9:00am
Fresno Metropolitan
Flood Control District
Elsa Mejia Steve Montes
A regionally governed agency created to develop and manage the San Joaquin River Parkway.
Madera County Arts Authority
Karen Scrivner
[email protected]
559-675-7700
4th Monday – 4:00pm
Madera Co. Govt. Center Elsa Mejia Anita Evans
The Authority was formed through a Joint Powers Agreement with a primary purpose being the development of an arts center in the City of Madera, serving the entire County of Madera.
City Selection Committee – The Mayors of Madera and Chowchilla serve on this committee. The City Selection Committee is administered by the Madera County Clerk of the Board – The City Selection Committee meets as needed to make appointments to LAFCO and SJVAPCD Citizen Advisory Committee.
Local Agency Formation
Commission (LAFCO)
Joann Zuniga
[email protected]
559-675-7821
4th Wednesday – 6:00pm
Madera County Govt.
Center
Jose Rodriguez Steve Montes
Reviews and considers final action in all countywide annexations of land as it relates to cities & districts in the County. Commissioners receive $125 per meeting. The Chair of the Commission receives a stipend of $150 per meeting.
San Joaquin Valley Unified Air
Pollution Control District SJV
Special City Selection Committee
Katrina Rojas
[email protected]
559-230-6001
Meets as needed to
make appointments the
SJVAPCD Governing
Board.
Fresno Central Region
Office
Rohi Zacharia Artemio Villegas
SJV Special City Selection Committee is charged with making appointments of City representatives to the San Joaquin Valley Air Pollution Control District’s (SJVAPCD) Governing Board.
San Joaquin Valley Unified Air
Pollution Control District
(SJVAPCD) Governing Board
Katrina Rojas
[email protected]
559-230-6001
Appointments are made by the SJVAPCD Special City Selection Committee (SJVAPCD Central Region-Small City Rotation).
San Joaquin Valley Unified Air
Pollution Control District
(SJVAPCD) Citizens Advisory
Committee
Katrina Rojas
[email protected]
559-230-6001
Appointments of one primary and one alternate to represent cities in Madera County are made by the Madera County Board of Supervisors.
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: February 5, 2025
_________________________________ Agenda Number: _____________ Keith Helmuth, City Engineer
Arnoldo Rodriguez, City Manager
SUBJECT:
Acceptance of 2023 Water Meter Installation Project, City Project W-31 RECOMMENDATION:
Adopt a Minute Order Approving:
1. Acceptance of the 2023 Water Meter Installation Project, City Project W-31
2. The Recording of the Notice of Completion
3. The release of retention 35 days after the recording of the Notice of Completion SUMMARY:
On March 1, 2023, the City Council (Council) awarded a contract to West Valley Construction Company, Inc. for the installation of 46 automatic meter reading (AMR) water meters across the City. These meters are for service lines that have a diameter of 3 inches or greater. For context, most single-family homes have 1-inch water meters, meaning these larger meters are primarily used for larger apartment complexes, commercial or industrial properties.
The Contractor has completed the project in accordance with the plans and specifications and as modified by approved Change Orders.
BACKGROUND:
Historically, the City did not require water meters for service connections. This changed in the City at some point after the State of California (State) required that all homes be metered after 1992. Approved in 2004, Assembly Bill (AB) 2572 mandated that all municipalities install water meters by January 1, 2025, to promote water usage accountability and reduce consumption. The effect of charging for water by usage (meter reading) coupled with regulatory changes regarding water usage can be seen in Attachment 1. While the vast majority of the City is currently metered, some of the larger and more challenging services remain unmetered, necessitating this effort.
B-16
This Project installed AMR water meters at water services at 46 locations with meters 3 inches or larger (up to 10 inches). The following is a breakdown of the water meters that were upgraded per meter size:
▪ 3 inches: 17 meters
▪ 4 inches: 16 meters
▪ 6 inches: 8 meters
▪ 8 inches: 4 meters
▪ 10 inches: 1 meter
It is noted that one of the project sites was the Madera County Complex (which includes the County Jail Facilities) located at the northeast intersection of Tozer Street and Olive Avenue. The County Complex property is now serviced by four metered water services which include:
▪ One 6-inch service
▪ Two 8-inch services
▪ One 10-inch service
Change Orders
Even though most of the meters were installed on services over 20 years old, there were minimal change orders to the contract. See Table 1 for a summary of final contract costs.
Table 1: Project Contract Cost Summary (1)
Original Contract Amount Total Change Orders Total Construction Contract Cost
$923,465 $14,753 $938,218
(1) Figures rounded to nearest dollar
Looking Ahead
While not part of this project, the next phase of the water meter projects is currently in the design phase. This future phase will include services smaller than 3-inches at approximately 300 locations. Staff anticipates publishing the Advertisement for Bids in the next few months.
FINANCIAL IMPACT:
A major portion of the funding for this project is from an Integrated Regional Water Management (IRWM) grant awarded from the State Grant (project #4600013817) which was administered by the County. As part of the grant, the City and County entered into a Memorandum of Understanding October 20, 2021 in the amount of $779,653 for this project, greatly reducing the financial impact to the City’s Water Enterprise fund. The remaining amount for the project came from the City’s Water Enterprise Fund.
There was no fiscal impact to the City’s General Fund. The remaining amount for the project came from the City’s Water Enterprise Fund.
Table 2: Funding for this project
Funding Source Amount
Integrated Regional Water Management (IRWM) grant $779,653 Water Enterprise Fund (City) $158,565
Total: $938,218
ALTERNATIVES:
As an alternative, the Council may elect to reject the Notice of Completion of the Project.
Rejection of the Notice of Completion will result in staff’s inability to release retention funds and closing the Project.
ATTACHMENTS:
1. History Water Usage and Population in City
2. Notice of Completion
Attachment 1
History of Water Usage and Population in City
0 10,000
20,000
30,000
40,000
50,000
60,000
70,000
-
2,000
4,000
6,000
8,000
10,000
12,000
14,000
16,000
City Population
Acre Feet of Water
Year
Water Usage and Population in City since 2000
Acre Feet Population
Attachment 2
Notice of Completion
Recording Requested by:
City of Madera
And When Recorded, Mail to:
City of Madera – City Clerk
205 W. 4th Street
Madera, CA 93637
Space above this line for Recorder’s Use
Fee Waived per Section 27383 & 27388.1(a)(2)(D) of the Government Code – No Document Tax Due $ -0-
NOTICE OF COMPLETION
_
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is owner of the interest or estate stated below in the property hereinafterdescribed.
2. The full name of the undersigned is City of Madera.
3. The full address of the undersigned is 205 W. 4th Street, Madera, CA 93637.
4. The nature of the title of the undersigned is: In fee Public Improvements (If other than fee, strike “In fee” and insert, for example, “purchaser under contract of purchase” or “lessee”.)
5. The full name and full addresses of all persons, if any, who hold title with the undersigned as joint tenant or as tenants in common are:
Name Address
N/A _
6. A work of improvement on the property hereinafter described was completed on 07/31/2024
7. The name of the original contractor, if any, for such work of improvement was:
(If no contractor for work of improvements as a whole, insert “none”.) West Valley Construction Inc.
8. The full name(s) and address(es) of the transferor(s) of the undersigned is(are):
Name Address
N/A
9. The property on which said work of improvement was completed is in the City of Madera, Countyof Madera, State of California, and is described as follows:
Install new Automatic Meter Reading Water Meters at various commercial, industrial, and residential locations in the City of Madera.
10. The street address of said property is Madera CityLimits (If no street address has been officially assigned, insert “none”.) (Signature of Owner named in Paragraph 2)
Dated Keith Brent Helmuth, P.E.
City Engineer
The notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy or validity of that document.
State of California
County of Madera
Keith Brent Helmuth, being duly sworn says: He is the City Engineer of the City of Madera, the corporation that executed the foregoing notice as owner of the aforesaid interest or estate in the property therein described; that he makes this verification on behalf of said corporation; that he has read said notice and knows the contents thereof, and that the facts herein stated are true. (Signature of Officer)
Keith Brent Helmuth, P.E.
City Engineer
State of California
County of Madera
Subscribed and sworn to (or affirmed) before me on the day of , 2021 by Keith Brent Helmuth, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
(Seal)
Alicia Gonzales
City Clerk
Approved by:
REPORT TO CITY COUNCIL
Council Meeting of: February 5, 2025
Agenda Number:
Joseph Hebert, Parks & Community Services Director
Arnoldo Rodriguez, City Manager
SUBJECT:
Construction Agreement for repair and replacement of arson-damaged equipment at Thaddeus Sran Playground at Centennial Park
RECOMMENDATION:
Adopt a Resolution approving the Construction Agreement with Dave Bang Associates, Inc of California, (Dave Bang) for the procurement of replacement of parts, demolition, and installation of playground equipment in the amount of $202,600.25, and rescinding Resolution No. 24-175 approved on October 30, 2024
SUMMARY:
On October 30, 2024, Council approved Resolution No. 24-175 approving a sole source construction agreement with Dave Bang for the procurement of replacement parts, demolition, and installation of equipment damaged by an arson incident at the Thaddeus Sran Playground.
The agreement was set on $218,126.15.
The original quote provided by Dave Bang included the installation of a base utilizing Poured in Place (PIP) rubber. Since then, this part of the project has been considered unnecessary, and the vendor has provided an updated quote. Also, the company has confirmed their legal name should be corrected to Dave Bang Associates, Inc of California, thus a need to revise the agreement before it was executed. Lastly, the company has requested the agreement warranty terms be updated. As a point of clarification, the Construction Agreement approved on October 30, 2024, was never fully executed due to the latter two points mentioned.
B-17
DISCUSSION:
Property Damage Incident
In April 2024, an unknown assailant set fire to the Thaddeus Sran Playground at Centennial Park, causing extensive damage to a significant portion of the facility. Due to the severity of the damage, the playground was determined to be unsafe and City staff suspended public access to the area. Given that the damage was caused by arson, the City submitted a claim through its property insurance program. The City’s property insurance covers replacement costs for scheduled property, including the playground. The insurance claim will be finalized after repairs are completed, and the settlement of the claim will be scheduled for Council consideration at that time.
The playground is currently outfitted with Playworld structures, a brand recognized for its durability, safety, and innovative design. To preserve the playground's functionality and aesthetic consistency, it is essential to replace the damaged components with parts that seamlessly integrate with the existing setup. For this reason, sole source procurement from Dave Bang, the only authorized supplier of Playworld equipment in the State, is necessary to ensure continuity and compatibility.
Since the October 30, 2024, Council presentation, several items presented themselves, causing further conversations between City staff and members of Dave Bang before the execution of the agreement could occur.
▪ After a thorough examination of the quotes by staff and representatives of Dave Bang, it was found that a deduction could be made to the estimate originally provided by Dave Bang, estimate CA CA261780, specifically for line item of “Install Base for PIP” referring to the poured in place rubber base. This work would have totaled $15,525.90. ▪ Also, the warranty that the supplier can cover is a maximum of two years, instead of five years, which the agreement originally required. The revised agreement being presented has language reflecting this change in the warranty terms. ▪ Dave Bang has also confirmed their legal name needed to reflect “Dave Bang Associates, Inc of California, versusthe initial “Dave Bang Associates, Inc.” asthe agreement language had. The revised agreement being presented also reflects the correct legal name of Dave Bang.
Agreement Delays
Considering that the agreement changes have taken all of November, December and January to be presented, staff wants to explain to Council the reason for such delays.
During the Holidays and into January, there were legal settlement discussions between the District Attorney, City staff, and a Dave Bang representative, in preparation for a court hearing regarding the cost of the reparations due to the alleged perpetrator’s intent to contest these costs. It was concluded that the cost could be reduced due to the PIP rubber work not being necessary. Dave Bang did not send a revised quote until January 14, 2025, to be utilized to determine the revised agreement total.
It is important to point out that Dave Bang received the agreement a week before it was presented to Council on October 30, 2024. Dave Bang seemed to agree with the agreement initially. However, on November 8, 2024, Dave Bang sent staff a request for revision of nine legal issues or concernsrelated to the agreement, after the request for execution. Some of the matters were legal in nature and required further negotiations and discussions both internally and externally with Dave Bang. After the nine requested revisions were discussed and negotiated, only two matters remained. These two are the name correction and warranty requirements requested to be revised in the agreement. Those negotiations and legal revisions alone took the matter into the middle of December.
FINANCIAL IMPACT:
The costs to replace the damaged equipment will be paid from the City’s Property Damage expensing org in the Insurance Reserve Fund, established as part of the Fiscal Year 2024/25 Operating Budget to ensure damaged public facilities are repaired as expeditiously as possible.
The total cost associated with the Construction Agreement is shown in Table 1. Staff has initiated a claim with the City’s property insurance, which insures at replacement cost less a $5,000 deductible.
Table 1: Revised Summary of Costs for Sran Playground Repairs
1. Equipment replacement parts and bonds $81,570.31
2. Demolition and installation services $121,029.94
Total $202,600.25
ALTERNATIVES:
In considering the Council’s options, several potential alternatives are identified for consideration:
▪ The Council may choose to request that staff bring additional information, documentation, or clarification to a subsequent meeting. ▪ The Council may decide to reject the request altogether. This action could result in an estimated thirty percent of the playground being demolished, thereby impacting the playground’s overall usability.
ATTACHMENTS:
1. Resolution approving the Construction Agreement with Dave Bang Associates, Inc of California, (Dave Bang) for the procurement of replacement of parts, demolition, and installation of playground equipment in the amount of $202,600.25, and rescinding Resolution No. 24-175 approved on October 30, 2024
a. Exhibit A: Construction Agreement
ATTACHMENT 1
RESOLUTION NO. 25-
RESOLUTION APPROVING THE CONSTRUCTION AGREEMENT WITH DAVE
BANG ASSOCIATES, INC OF CALIFORNIA, FOR THE PROCUREMENT OF
REPLACEMENT PARTS, DEMOLITION, AND INSTALLATION OF EQUIPMENT
DAMAGED BY ARSON AT THE THADDEUS SRAN PLAYGROUND FOR
$202,600.25 AND RESCINDING RESOLUTION NO. 24-175 APPROVED ON OCTOBER 30, 2024
WHEREAS, during April 2024, the Thaddeus Sran Playground facilities were damaged by fire, determined to be arson; and
WHEREAS, City intends to replace the damaged playground equipment, including demolition and installation services, at the Thaddeus Sran Playground in Centennial Park to restore the park to its original condition for public use; and
WHEREAS, the equipment to be replaced is an integral part of existing Playworld Equipment brand equipment with very particular design specifications to assemble with existing structure; and
WHEREAS, Dave Bang Associates, Inc of California isthe sole source for Playworld Equipment in California, as well as the factory-certified licensed contractor for Playworld Equipment; and WHEREAS, the need for a sole source contract between the City of Madera and Dave Bang Associates, Inc of California has been established.
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 City Council approves the Construction Agreement with Dave Bang Associates, Inc of California for $202,600.25, attached as Exhibit A, incorporated herein, and rescinds Resolution No. 24-175 approved on October 30, 2024.
3. This Resolution is effective immediately upon adoption. * * * * * * * *
Exhibit A: Construction Agreement
CONSTRUCTION AGREEMENT
THADDEUS SRAN PLAYGROUND EQUIPMENT REPLACEMENT AND INSTALLATION SERVICES This Construction Agreement (“Agreement”) is made between the City of Madera, hereinafter called “OWNER” or “CITY” and DAVE BANG ASSOCIATES, INC OF CALIFORNIA, hereinafter “CONTRACTOR” and collectively called “Parties.” The Agreement is effective on the last date signed by the Parties at the end of this Agreement.
WITNESSETH: The Parties agree as follows:
1. Project. The CONTRACTOR shall commence and complete all WORK required for “Supply & install a section of the Thaddeus Sran Playground equipment, for replacement of all damaged equipment parts, demolition, & installation services”.
2. Materials, Supplies, Equipment. The CONTRACTOR shall furnish all of the material, supplies, tools, equipment, labor, and other services necessary for the construction and completion of the WORK described in this Agreement.
3. Commencement of Work and Bonds. The CONTRACTOR shall commence the WORK required by the CONTRACT DOCUMENTS after the NOTICE TO PROCEED there is a lead time of 6 to 8 weeks for the new equipment to arrive, after the equipment arrives, will complete the same within forty-five (45) calendar days. The CONTRACTOR shallsubmit Payment Bond and Performance Bond in the amount of $202,600.25 and Insurance Certificates as specified in the CONTRACT DOCUMENTS prior to commencing any WORK within five (5) working days after being notified of the award of the contract.
4. Contract Amount. OWNER agrees to pay, and CONTRACTOR agrees to accept, the sum of TWO HUNDRED & TWO THOUSAND, SIXHUNDRED DOLLARS WITH TWENTY-FIVE CENTS. ($202,600.25) (“Contract Price”) subject to adjustments for changes in work as may be directed in writing by OWNER as payment in full for the WORK described in the CONTRACT DOCUMENTS.
WORK performed at unit prices will be paid based on actual quantities of work performed and accepted.
5. Contract Documents. The CONTRACTOR shall commence and complete all WORK required in accordance with the following CONTRACT DOCUMENTS. The term “CONTRACT DOCUMENTS” means and includes the following:
a. CONTRACTOR Complete Bid Proposal – Thaddeus Sran Playground Equipment Replacement, Demolition, and Installation Services.
1. Addendum No.1: Cost Summary
2. Addendum No.2: Dave Bang Estimate CA261783 (Replacement Parts)
3. Addendum No.3: Dave Bang Estimate CA264314 (Playground Installation)
4. Addendum No.4: Dave Bang Estimate CA263624 (Centennial Park Replacement Parts – Bond)
5. Addendum No. 5: Insurance Requirements for Contractors
6. Liquidated Damages. In the event the CONTRACTOR does not complete the WORK within the time limit specified in Section 3 or within such further time as authorized, the CONTRACTOR shall pay to the OWNER liquidated damages in the amount of TWO HUNDRED DOLLARS ($200.00) per day for each and every calendar day delay in finishing the WORK beyond the completion date so specified.
7. Payment to Contractor. As consideration for performance of the Work required herein, OWNER agrees to pay CONTRACTOR on a time and materials basis as set forth herein, a not-to-exceed amount of $202,600.25 (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the OWNER.
(a) Periodic paymentsshall be made by theOWNER to CONTRACTOR within thirty (30) days of OWNER’S receipt of an application for payment from CONTRACTOR for services rendered. Payments to CONTRACTOR for work performed will be made on a monthly billing basis. The application shall include all information required by the OWNER and shall be in a format approved by the OWNER. This application shall be supported by evidence which is required by this Contract and such other documentation as the OWNER may require. The CONTRACTOR shall certify that the Work for which payment is requested has been done and that any materials listed are stored where indicated. OWNER shall review and pay the payment request in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code.
(b) Labor and Material Releases. CONTRACTOR shall furnish OWNER with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by OWNER.
8. Disputes. In the event of a dispute between the OWNER and the CONTRACTOR as to an interpretation of any of the specifications or as to the quality or sufficiency of material or workmanship, the decision of the OWNER shall for the time being prevail and the CONTRACTOR, without delaying the job, shall proceed as directed by the OWNER without prejudice to a final determination by negotiation, arbitration by mutual consent or litigation, and should the CONTRACTOR be finally determined to be either wholly or partially correct, the OWNER shall reimburse him for any added costs he may have incurred by reason of work done or material supplied beyond the terms of the contract as a result of complying with the OWNER’S directions as aforesaid. In the event the CONTRACTOR shall neglect to prosecute the work properly or fail to perform any provisions of the CONTRACT, the OWNER, after three days written notice to the CONTRACTOR, may, without prejudice to any other remedy it may have, make good such deficiencies, and may deduct the cost thereof from the payment then or thereafter due to the CONTRACTOR, subject to final settlement between the parties as in this paragraph herein above provided.
8A. Claims Resolution Process For Disputes.
It is the intent of this Contract that disputes regarding the Contract be resolved promptly and fairly between the Contractor and the Owner. However, it is recognized that some disputes will require detailed investigation and review by one or both parties before a determination and resolution can be reached. For the protection of the rights of both the Contractor and the Owner, the following provisions are provided for the resolution of disputes which cannot be resolved by the Owner and the Contractor within three business days after either party gives verbal notice of dispute or potential dispute to the other's attention and prior to the commencement of such work.
The following provisions are intended by Contractor and Owner to comply with Public Contract Code Sections 9204 and 20104 et. seq.
(a) Claims:
The term “claim” refers to a separate demand by Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
i. A time extension, including, without limitation, for relief from damages or penalties for delay assessed by Owner under this Contract. ii. Payment by the Owner of money or damages arising from work done by, or on behalf of, the Contractor pursuant to the Contract and payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled.
iii. Payment of an amount that is disputed by the Owner. (b) The Claim Must Be Timely and in Writing:
For all claims the claim must be in writing and include the documents necessary to substantiate the claim. A notice of potential claim must be filed within five (5) business days of Contractor’s completion of work that is a potential claim. Notice of an actual claim must be filed on or before the date of final payment. (c) Receipt of Claim by Owner:
Upon receipt of a claim pursuant to this section, the Owner will conduct a reasonable review of the claim and, within a period not to exceed 45 days from the date of receipt, will provide the Contractor with a written statement identifying what portion of the claim is disputed and what portion is undisputed.
Upon receipt of a claim, Owner and Contractor may, by mutual agreement, extend the time period provided in this section.
The Contractor shall furnish reasonable documentation to support the claim. If additional information is thereafter required, it shall be requested and provided upon mutual agreement by the Owner and the Contractor. The District's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation.
(d) City Council Approval:
If the Owner needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the Owner shall have up to three days following the next duly publicly noticed regular meeting of the City Council after the 45-day period or extension expiresto provide the Contractor a written statement identifying the disputed portion and the undisputed portion. (e) Payment of Claim:
Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the Owner issues its written statement. If the Owner fails to issue a written statement, paragraph F below shall apply. (f) Meet and Confer:
If the Contractor disputes the Owner’s written response, or if the Owner fails to respond to a claim issued pursuant to this section within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the Owner shall schedule a meet and confer conference within 30 days for settlement of the dispute.
Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the Owner shall provide the Contractor a written statement identifying the portion of the claim that remainsin dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the Owner issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the Owner and the Contractor sharing the associated costs equally. The Owner and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing.
If the parties cannot agree upon a mediator, each party shallselect a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
Under this Contract, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
Unless otherwise agreed to by the Owner and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.
If mediation as set forth above does not resolve the parties’ dispute, the parties will proceed to arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program.
(g) Filing a Government Code Written Claim Notice:
Following the meet and confer conference, if the claim or any portion remains in dispute, the Contractor may file a claim under the Torts Claims Act as provided in Chapter 1 (commencing with Section 900) and Chapter 2 commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code Section 900.
(h) Owner’s Failure to Respond to Claim:
Failure by the Owner to respond to a claim from Contractor within the time periods described above or to otherwise meet the time requirements set forth above shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the Owner’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the Contractor.
(i) Subcontractor Claims:
If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against Owner because privity of contract does not exist, the Contractor may present to the Owner a claim on behalf of a subcontractor or lower tier subcontractor. For purposes of this paragraph, the term “subcontractor’ means any type of subcontractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with the Contractor or is a lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the Owner shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the Contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the Owner and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (j) Filing of Action on Unresolved Claims:
The parties shall follow the procedures set forth in Public Contracts Code Section 20104.4 if an action is filed to resolve claims under the foregoing provisions. Any action shall be filed in Madera County.
9. No Discrimination in Employment. Attention is directed to Section 1735 of the Labor Code, which reads as follows:
“No discrimination shall be made in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical conditions, marital status, or sex of such persons except as provided in Section 12940 of the Government Code, and every contractor for public works violating this section is subject to all the penalties imposed for by violation of this chapter”.
10. Workers Compensation. In accordance with the provisions of Article 5, Chapter l, Part 7, Division 2 (commencing with Section 1860) and Chapter 4, Part l, Division 4 (commencing with Section 3700) of the Labor Code of the State of California, the CONTRACTOR is required to secure the payment of compensation to his employees and shall for that purpose obtain and keep in effect adequate Worker’s Compensation Insurance.
The undersigned CONTRACTOR is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against Liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the WORK of this Agreement.
11. Prevailing Wages. This Agreement is subject to California Labor Code Sections 1720, et seq., and Contractor and subcontractor shall pay not less than the specified prevailing rates of wage to all workers employed in performance of the Work. Pursuant to the provisions of Section 1770 of the California Labor Code, OWNER has obtained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension, and similar purposes, as determined by the Director of the Department of Industrial Relations, a copy of which is on file in the office of OWNER and shall be made available for viewing to any interested party upon request. The Contractor and each subcontractor shall forfeit as a penalty to OWNER not more than Two Hundred Dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate in violation of the Labor Code. In addition, the difference between the prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid lessthan the stipulated prevailing wage rate shall be paid to each worker by the Contractor.
12. Public Works Contractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractorsthat wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relation. No bid will be accepted, nor any contract entered into without proof of the Contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. In addition, Contractor shall provide the registration number for each listed subcontractor in the space provided in the Designation of Subcontractors Form.
This Project is subject to compliance monitoring and enforcement by the Department of Relations. In executing this contract, Contractor acknowledges that it has reviewed all applicable labor compliance requirements and included the cost of complying with such requirements in its bid.
13. Payroll Records. The CONTRACTOR shall comply Section 1776 of the California Labor Code. The CONTRACTOR shall keep and require that all SUBCONTRACTORS keep accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice worker or other employee employed by him in connection with public work. Such payroll recordsshall be certified and shall be available for inspection at all reasonable hours at the principal office of the CONTRACTOR by the OWNER, its officers, and agents and to the representatives of the Division of Labor Law Enforcement of the State Department of Industrial Relations. In the event of non-compliance with the requirements of Section 1776, the CONTRACTOR shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects the CONTRACTOR must comply. If CONTRACTOR or subcontractor does not comply after such ten (10) day period, the CONTRACTOR shall, as a penalty, forfeit one hundred dollars ($100) for each day or portion thereof for each worker until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due.
In accordance with California Labor Code Section 1771.4 Section 1771.4, CONTRACTOR and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (DIR) on a weekly basis and in the format prescribed by the DIR which may include electronic submission. CONTRACTOR shall comply with all applicable requirements and regulations from the DIR relating to labor compliance monitoring and enforcement.
14. Apprentices. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the California Labor Code concerning the employment of apprentices by the CONTRACTOR or any SUBCONTRACTOR. It is the CONTRACTOR’S responsibility to ensure compliance by both it and all SUBCONTRACTORS.
Section 1777.5 provides, in part, as follows:
The CONTRACTOR or SUBCONTRACTOR, if he is covered by this section, upon the issuance of the approval certificate, or if he has been previously approved in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeyman stipulated in the apprenticeship standards. Upon proper showing by the CONTRACTOR that he employs apprentices in the craft or trade in the State on all of his/her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by a journeyman, or in the land surveyor classification, one apprentice for each five journeyman, the Division of Apprenticeship Standards may grant a certification exempting the CONTRACTOR from the one (1) to five (5) hourly ratio as set forth in this section. This section shall not apply to contracts of general CONTRACTORS or to contracts of specialty contractors not bidding for work through a general or prime CONTRACTOR, when the contracts of general CONTRACTORS, or those specialty CONTRACTORS involve less than thirty thousand dollars ($30,000). Any work performed by a journeyman in excess of eight hours per day or forty (40) hours per week shall not be used to calculate the hourly ratio required by this section.
Apprenticeable craft or trade, as used in this section, shall mean a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the Apprenticeship Council. The joint apprenticeship committee shall have the discretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting a CONTRACTOR from the 1 to 5 ratio set forth in this section when it finds that any one of the following conditions is met:
(a) In the event unemployment for the previous three-month period in such area exceeds an average of 15 percent, or
(b) In the event the number of apprentices in training in such area exceeds a ratio of 1 to 5, or
(c) If there is a showing that the apprenticeable craft or trade isreplacing at least onethirtieth of its journeymen annually through apprenticeship training, either (1) on a statewide basis, or (2) on a local basis, or
(d) If assignment of an apprentice to any work performed under a public works contract would create a condition which should jeopardize his life or the life, safety, or property of fellow employees, or the public at large or if the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.
When such exemptions are granted to an organization which represents contractors in a specific trade from the 1 to 5 ratio on a local or statewide basis the member contractors will not be required to submit individual applications for approval to local joint apprenticeship committees, provided they are already covered by the local apprenticeship standards.
The CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in apprenticeable trade on such contracts and if other contractors on the public work site are making such contributions. The CONTRACTOR, and any SUBCONTRACTOR under him, shall comply with the requirements of Sections 1777.5 and 1777.6 of the Labor Code in the employment of apprentices. Information relative to number of apprentices, identifications, wages, hours of employment and standards of working conditions shall be obtained from the Division of Apprenticeship Standards. Consult the white pages of your telephone directory under California, State of, Industrial Relations, Apprenticeship Standards, forthe telephone number and address of the nearest office. Willful failure by the CONTRACTOR to comply with the provisions of Sections 1777.5 will subject the CONTRACTOR to the penalties set forth in Section 1777.7 of the Labor Code.
15. Hours of Work. Pursuant to California Labor Code Section 1813, eight hours in any one calendar day and forty (40) hours in any calendar week shall be the maximum hours any worker is required or permitted to work, except in cases of extraordinary emergency caused by fires, flood, or danger to life and property or except as authorized under the overtime provisions in California Labor Code 1815.
Overtime and shift work may be established as a regular procedure by the CONTRACTOR with reasonable notice and written permission of the OWNER. No work other than overtime and shift work established as a regular procedure shall be performed between the hours of 6:00 P.M. and 7:00 A.M. nor on Saturdays, Sundays or holidays except such work as is necessary for the proper care and protection of the work already performed or in case of an emergency.
CONTRACTOR agrees to pay the costs of overtime inspection except those occurring as a result of overtime and shift work established as a regular procedure. Overtime inspection shall include inspection required during holidays, Saturdays, Sundays, and weekdays. Costs of overtime inspection will cover engineering, inspection, general supervision, and overhead expenses which are directly chargeable to the overtime work. CONTRACTOR agreesthat OWNER shall deduct such charges from payments due the CONTRACTOR.
16. Subcontracting. The CONTRACTOR shall comply with Division 2, Chapter 4, Part 1 of the Public Contract Code relating to subletting and subcontracting, specifically included but not limited to Sections 4104, 4106, and 4110, which by this reference are incorporated into this Agreement as though fully set forth herein.
17. Change Orders. The CONTRACTOR and the OWNER agree that changes in this Agreement or in the work to be done under this Agreement shall become effective only when written in the form of a change order and approved and signed by the OWNER and the CONTRACTOR. It is specifically agreed that the OWNER shall have the right to request any alterations, deviations, reductions or additions to the contract or the plans and specifications or any of them, and the amount of the cost thereof shall be added to or deducted from the amount of the contract price aforesaid by fair and reasonable valuations thereof.
This Agreement shall be held to be completed when the work is finished in accordance with the original plans and specifications as amended by such changes. No such change or modification shallrelease or exonerate any surety upon any guaranty or bond given in connection with this contract.
18. Indemnification. CONTRACTOR shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees, and volunteers from and against all liability, loss, damage, expense, and cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR’S negligence, recklessness, or willful misconduct in the performance of work hereunder, or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage caused by the sole active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and CONTRACTOR, or should City otherwise find CONTRACTOR’S legal counsel unacceptable, then CONTRACTOR shall reimburse the City its costs of defense, including without limitation, reasonable legal counsel fees, expert fees, and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment rendered against the City (and its officers, officials, employees, and volunteers) with respect to claims determined by a trier of fact to have been the result of the CONTRACTOR’S negligent, reckless, or wrongful performance.
It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
CONTRACTOR obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, CONTRACTOR shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accountsfor only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active negligence of City.
CONTRACTOR agrees to obtain or cause to be obtained executed defense and indemnity agreements with provisions identical to those set forth in this Section from each and every Subcontractor and Subconsultant, of every Tier. In the event the CONTRACTOR fails to do so, CONTRACTOR agrees to be fully responsible to provide such defense and indemnification according to the terms of this Section.
19. Contractor must comply with the insurance requirements as described in the section “INSURANCE REQUIREMENTS” of the Contract Documents.
20. Amendments. Any changes to this Agreement requested by either City or CONTRACTOR may only be effected if mutually agreed upon in writing by duly authorized representatives of the parties hereto. This Agreement shall not be modified or amended or any rights of a party to it waived except by such writing.
21. Termination.
(a) Termination of the Contract for Default.
i. General: If, prior to the acceptance of the Work, the CONTRACTOR:
1) Becomesinsolvent, assignsits assetsforthe benefit of its creditors, or is otherwise financially unable to complete the Work; 2) Abandons the Work by failing to report to the Work site and diligently prosecute the Work to completion;
3) Disregards written instructionsfrom the City Engineer or materially violates provisions of the Contract Documents;
4) Fails to prosecute the Work according to the schedule approved by the City Engineer;
5) Disregards laws or regulations of any public body having jurisdiction; or
6) Commits continuous or repeated violations of regulatory or statutory safety requirements, then the OWNER will consider the Contractor in default of the Contract.
(b) Notices: Notices and other written communications regarding default between the CONTRACTOR, the OWNER, and the SURETY shall be transmitted as follows:
i. Personal delivery with proof of delivery which may be made by declaration under penalty of perjury by any person over the age of 18 years. The proof of delivery shall show that delivery was performed in accordance with these provisions. Service shall be effective on the date of delivery. Notices given to the Contractor by personal delivery may be made to the Contractor’s authorized representative at the Work site; or
ii. Certified mail addressed to the mailing address of the recipient postage prepaid; return receipt requested. Service shall be effective on the date of the receipt of the mailing.
iii. Simultaneously, the OWNER may send the same notice by regular mail. If a notice that issent by certified mail isreturned unsigned,then delivery shall be effective pursuant to regular mail, provided that the notice that was sent by regular mail is not returned.
(c) Notice to Cure: The OWNER will issue a written notice to cure the default to the Contractor and its Surety. The Contractor shall commence satisfactory corrective actions within 5 Working Days after receipt. (d) Notice of Termination for Default: If the Contractor fails to commence satisfactory corrective action within 5 Working Days after receipt of the notice to cure, or to diligently continue satisfactory and timely correction of the default thereafter, then the Owner will recommend to the City Council that the Contractor be found in default of the Contract and upon such finding by the City Council will terminate the Contractor’s right to perform under the Contract by issuing a written notice of termination for default to the Contractor and its Surety;
(e) The provisions of thissubsection shall be in addition to all other legal rights and remedies available to the Owner.
(f) Responsibilities of the Surety: Upon receipt of the written notice of termination for default, the Surety shall immediately assume all rights, obligations, and liabilities of the Contractor under the Contract. If the Surety fails to protect and maintain the Work site, the Owner may do so and may recover all costs incurred. The Surety shall notify the Owner that it is assuming all rights, obligations, and liabilities of the Contractor under the Contract and all money that is due, or would become due, to the Contractor shall be payable to the Surety as the Work progresses, subject to the terms of the Contract.
(g) Within 15 Working Days of receipt of the written notice of termination for default, the Surety shall submit to the Owner a written plan detailing the course of action it intends to take to remedy the default. The Owner will review the plan detailing and notify the Surety if the plan is satisfactory. If the Surety fails to submit a satisfactory plan, or if the Surety fails to maintain progress according to the plan accepted by the Owner, the Owner may, upon 48 hours written notice, exclude the Surety from the premises, take possession of all material and equipment, and complete the Work in any way the Owner deems to be expedient. The cost of completing the Work by the Owner shall be charged against the Surety and may be deducted from any monies due, or which would become due, the Surety.
If the amounts due under the Contract are insufficient for completion, the Surety shall pay the Owner, within 30 Days after the Owner submits an invoice, all costs in excess of the remaining Contract Price. (h) Payment: The Surety will be paid for completion of the Work in accordance less the value of damages caused to the Owner by the acts of the Contractor.
(i) Termination of the Contract for Convenience.
The OWNER may terminate the Contract if it becomes impossible or impracticable to proceed, or because of conditions or events beyond the control of the OWNER.
i. Notice:
The Owner will issue a written notice of termination for convenience as follows:
Personal delivery, with proof of delivery which may be made by declaration under penalty of perjury by any person over the age of 18 years. The proof of delivery shall show that delivery was performed in
accordance with these provisions. Service shall be effective on the date of delivery.Notices given to the Contractor by personal delivery may be made to the Contractor’s authorized representative at the Work site; or Certified mail addressed to the mailing address of the recipient postage prepaid; return receipt requested. Service shall be effective on the date of the receipt of the mailing.
Simultaneously, the Owner may send the same notice by regular mail. If a notice that issent by certified mail isreturned unsigned, then delivery shall be effective pursuant to regular mail, provided that the notice that was sent by regular mail is not returned.
ii. Cessation of Work:
Upon receipt, the Contractor shall immediately cease work, except work the Contractor is directed to complete by the Engineer or required to complete for public safety and convenience. The Contractor shall immediately notify Subcontractors and suppliers to immediately cease their work.
iii. Payment:
The Contractor will be paid without duplication for:
1) Work completed in accordance with Contract Documents prior to the effective date of termination for convenience;
2) Reasonable costs incurred in settlement of terminated contracts with Subcontractors, suppliers, and others; and
3) Reasonable expenses directly attributable to termination.
Notice of termination shall be mailed to the City:
Arnoldo Rodriguez
City of Madera
205 West 4th Street
Madera, CA 93637
Notice of Termination shall be mailed to the Contractor:
John Wormell,
Davebang Associates, Inc.
1885 North Main Street, Orange, CA 92865
P.O. Box 1088, Tustin, CA 92781
All notices and communications shall be to City's designated Project Manager or Principal-In-Charge. Verbal communications shall be confirmed in writing. All written notices shall be provided and addressed as soon as possible, but not later than thirty (30) days after termination.
22. Warranty. Contractor warrants to OWNER that all goods, materials, and equipment furnished shall be new, free from faults and defects and of good quality and conform to the requirements of the Contract Documents. Contractor hereby warrants its work against all deficiencies and defects for the period required by the Contract Documents. Unless otherwise stated in the Contract Documents, warranty periods shall begin upon the filing of the Notice of Completion and shall be for two years.
This section shall not limit OWNER’s rights under this Agreement or with respect to latent defects, gross mistakes, or fraud. OWNER specifically reserves all rightsrelated to defective work, including but not limited to defect claims pursuant to California Code of Civil Procedure section 337.15.
23. Compliance with Laws. City shall at all times observe and comply, and shall cause all of its agents, subcontractors, and employees to observe and comply with all with all Federal, State, and local laws, ordinances, regulations, and provisions applicable in the performance of City’s services. Wherever reference is made in this Agreement to standards or codes in accordance with which work isto be performed or tested, the edition or revision of the standards or codes current on the effective date of this Agreement shall apply unless otherwise expressly stated.
24. Attorneys’ Fees/Venue. In the event that any action is brought to enforce the terms of this Agreement, the party found by the court to be in default agrees to pay reasonable attorneys’ fees to the successful party in an amount to be fixed by the Court. The venue for any claim being brought for breach of this Agreement shall be in Madera County or as appropriate in the U.S. District Court for the Eastern District of California, located in the City of Madera.
25. Governing Law. The laws of the State of California shall govern the rights and obligations of the parties under the Agreement, including the interpretation of the Agreement.
If any part of the Agreement is adjudged to be invalid or unenforceable, such invalidity shall not affect the full force and effect of the remainder of the Agreement.
26. City’s Authority. Each individual executing or attesting to this Agreement on behalf of the City hereby covenants and represents: (i) that he or she is duly authorized to execute or attest and deliver this Agreement on behalf of such corporation in accordance with a duly adopted resolution of the corporation’s articles of incorporation or charter and bylaws; (ii) that this Agreement is binding upon such corporation; and (iii) that Contractor is a duly organized and legally existing municipal corporation in good standing in the State of California.
27. Contractor’s Legal Authority. Each individual executing or attesting this Agreement on behalf of CONTRACTOR hereby covenants and represents: (i) that he or she is duly authorized to execute or attest and deliver this Agreement on behalf of such corporation in accordance with such corporation’s articles of incorporation or charter and by-laws; (ii) that this Agreement is binding upon such corporation; and (iii) that CONTRACTOR is a duly organized and legally existing corporation in good standing in the State of California.
28. Remedies for Default. Failure by a party to perform any term, condition or covenant required of the party under this Agreement shall constitute a “default” of the offending party under this Agreement. In the event that a default remains uncured for more than ten (10) days following receipt of written notice of default from the other party, a "breach" shall be deemed to have occurred. Any failure or delay by a party in asserting any of its rights and remedies asto any defaultshall not operate as a waiver of any default or of any rights orremedies associated with a default.
29. Independent Contractor. In performance of the work, duties, and obligations assumed by the Contractor under this Agreement, it is mutually understood and agreed that the City, including any and all of City’s officers, agents and employees will, at all times, be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint ventures, partner, or associate of City. Furthermore, City shall have no right to control or supervise or direct the manner or method by which City shall perform its work and functions. The City shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over the subject matter hereof.
Because of its status as an independent contractor, CONTRACTOR shall have absolutely no right to employment rights and benefits available to City employees. City shall be solely liable and responsible for providing to, or on behalf of, its employees, all legally required employee benefits. In addition, City shall be solely responsible and hold City harmless from all matters relating to payment of City’s employees, including compliance with Social Security, withholding and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, City may be providing services to others unrelated to City or to this Agreement.
30. Sole Agreement. This instrument constitutes the sole and only Agreement between City and CONTRACTOR in connection to the Project and correctly sets forth the obligations of the City and CONTRACTOR to each other as of its date. Any Agreements or representations in connection with the Project, not expressly set forth in this instrument are null and void.
31. Assignment. Neither the CONTRACTOR nor City will assign its interest in this Agreement without the written consent of the other.
32. Binding Agreement. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns.
IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement in THREE copies, each of which shall be deemed an original on the date first above written.
CITY OF MADERA (OWNER)
By:
Cece Gallegos, Mayor
APPROVE AS TO FORM:
By:
Shannon L. Chaffin, City Attorney
ATTEST:
By:
Alicia Gonzales, City Clerk
CONTRACTOR
By:
Contractor (signature)
Printed Name and Title
Federal Tax I.D. No.
Contractor License Number
DIR Registration Number
NOTE: This Notary Acknowledgment on the following page is required for verification of Contractor’s signature.
Acknowledgment
State of California )
County of )
On , 2025 before me,
(insert name and title of officer)
Personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
Addendum No.1
Project Cost Summary
Project Cost Summary Quote #
Replacement Parts CA261783 $ 79,194.48
Playground Install (Includes Bonds) CA264314 $ 121,029.94 Replacement Parts Bonds Cost CA263624 $ 2,375.83
SUBTOTAL $ 202,600.25
Addendum No.2
davebanqe>
associates inc. · -1
Estimate
CA2612.83
To: City,of Madera Parks,& Ciommunity Services Dist
Attn: HeCilio:r Sanchez
701 E SlihSlireet
Mader.a, CA 93638
Estimate Date
05/03/20!24
Salesperson
JadcJie Bowker
C mennial Parle Replacement Pam
Due to au:rrerit market conditions.. our
estimates are \!a d for only 14 days and are subject to dhange due to market \!olatility
Estimated Shiffl]ing l!late !ihipped a FOB, Terms
5-12 Weeks I Truck-CA I Maatet"a I Net.30
Quantity Desi::raipllion Unit P,raice Total Extended
Mark For: ReplacementrtsfOI" 5-12 S ructur-e
Playworld'# ZZP 556, 7in BIELL( !ST MOUNT} $273.00 $273.00 Playworld'# ZZPM9079,TRIJU CTION $2.348.00 $2.348.00
Playworld'# ZZPM02!n,POST WI LAIUERCLIMBER(36in OR
48in DECII<)
'$873.00 '$873.00
Playworld'# ZZPM6998, GIEO VERTICAL CLIMBER(72in DI<) $2.72',J,.00 $2.729.00 2 Playworld'# ZZPFIM658, PI.AYWOOD ACCESSGATES $1.230.00 $2.460.00 Playworld'# ZZUNl4!806. SIHIHING SA.NIDS PA.NIELINIS!ERT $1.153.00 $1.153.00 Playworld'# ZZUNl4795. GEAR PA.NIELINISERT $1.4130.00 $1.4130.00 Playworld'# ZZPM6770, RIHrYTHM SP.INNIER Hi\U=PANEL $7.705.00 $7.705.00 2 Playworld'# ZZP 807, OVAUNSBRT PANIIEL (DECI<MOUNT} $1.077.00 $2.154.00 Playworld'# ZZP 8. ACCESSIBLEBUGS PANEL $1.633.00 $1.633.00 Playworld'# ZZP 3.2.8, ANIMA.l LOCATOR PA.NIEL $1.867.00 $1.86,7.00 Playworld'# ZZPM2696, GUDE SLll)E,(72in DECII<) $3.003.00 $3.003.00 Playworld'# ZZUNl9Mll. 66in WHEIELCI-IAIRRAMP
CIENITERSUPP.O:R:T
$192.00 $192.00
Playworld'# ZZPM0629, LONG COATED DECK ASSEMBILY $2.6 00 $2.664.00 Playworld'# ZZPM:0618, 1/2 HEX COAliED DEOKASSIEMBLY $2.195.00 $2.195.00 Playworld'# ZZPM:0617,TRIA!NGl!JI.ARCOATED O:ECKASSBMIBLY $1.240.00 $1.240.00 15 Playworld'# ZZPM:0046, 5in OD X 156in STEELPOSTW/ RIVETED CAP
$575.00 $8.625.00
Playworld'# ZZPM:0616, SiQUA.RE COATEIJDECK ASS!EMBLV $1.572.00 $1.572.00 Playworld# llf'f7'i>71 36in Twiist cl'imberw/ playwood $3.097.00 $3.09'7.00 Playworld# ZZ¥Y2916 6ft Deck to,Deck Wheelch.air Rampwi h Playwoocl
$4.520.00 $4.520.00
Playworld # llf'f7'i>74 uvo5'1-rerve OimberWI play,,vooa $5,197.00 $5,19'7.00 Playworld#ZZPM.5636 $3.995.00 $3.995.00
P.O. B[11( 1088, TUSTIN. CA 92781 1-800-669-2585 DAVEBJ>I\IG.Cot,,
[email protected] L1C!l!795052
inte 1979
$ioce 1979 davebange>
associates inc. 1
Estimate
CA261283
Quantity OesGription Unit Price Total Extended
1 Playworld# ZZX:X0483. COZVCOCOON· SPINNING $4.145.00 $4.145.00 1 Playworld If Z2YY7913 Nuvo36in Transfer Stationwith
Playwood
$5.722.00 $5.722.00
Soblotal $70.792.00
1 Shipping $2.562.00 $2.562.00
THIS ESTIMATETS SUBJECTTO THE ATTACHEDTERMS ANDCONDffiONS Subtotal $73.354.00 THANKYOU FORTHISCHANCETOESTIMATE Tax (8.25%) $5.840.48
.? D: rsf R '.r:!t"re :l:r . U a l W JrN" ACHEOwtMS Total $79.194.48 AccepledBy
Print Name: Signature: Dale:
PLEASE SJGN ANORETURNONECOPY WHENORDERJNG.
P.O.Box1088, TUSTTN.CA92781 1-800-669-2585 DA.VEBMIG.COM Page2/5
THANK YOU!
[email protected] UC1795052
$ince 1979
!ii
be
davebange>
associates inc. 7
Estimate
CA261283
Terms &Conditions
1 GeneralNotes
•A.UemblyandbuuiilatiooNOT Included unless cthCM!scn01led •P.,,pn,entd Perfotmance bondsMe NOT Included unless Cllhcrwhcst11ted.
If required,adclltlonlllldl11r9esYllll 19pply.Ple.,sc call fOfdctllils! •Customef rc,.pond,le for quotedqu tlth:sandmodelnumbers,pJcic:edied! •Price cctsquotedqu11ntky. PINSC request rCYlsiontf dcm equ tltybdc,.lrcd. 2 Pa1:nnent I Ordedno
♦ TOOROEltpie.JSsign 9uCl!cand ret1Jm vl11cm11II or fax to wold "ITfshlpolng d Nix or emllll copydeemedto be lf'.911c1q1uMllcnt of orlglMI. lf Payment ¥11th0fdcr is'reqlkcd, l))i!IISCslgnquotebelow11ndrcb.Wnw'.ithpayment. Al p,,stdue11c00Unts subjectlo 1 WM,monthlyM cccharge.In theCYCntlcgllllactlon Is required to effectcolfccdon venueslid beOfaAl_le,.CA. l Shipping { llnloadino
♦ sl!lpped byCommonCarrier• CU$!0mer wll need2'4 people to unlOlld. Uftg11tc NOl lndudcd. Items'MIibeboxed 11nd/or strctdlYoTappcd to pdcls d customerhi rcsponslbJcfOfoffl011dln9. OcllvCI')'Drivers do NOTuni -TMPORTNff: Customer Is rc,.pond,le for rcccMn9anddlccklA1Jqu11ntitles d conditionIll timeof dellvay •Plc11scnCl!calTfshort,,gesor d11m,,geson dellvay copy.
• Hotwhhstandlngal'l)'l}ll to tllecontra anyContritctDocuments,Customer undcnt.fflds th11tc,.tlm:ited slllpmcnt times for materl11ls11rcancstimllte only. i1!.f;i! }: = f gof ngownmtcctoOwneror Customerrcgffllng tlleprojectedslllpment dlltcsfor mnrialsansdh11IInot 4 fngioeeced Wnocf Fiber
•CustomCf to provideactCSs for !nglnccr-cd Wood RICI'dcD.lery wltfl tr.xtor tnJck 1111dS3'triller. •Customef to provideac«:Ss for !nglnccr-cd WoodRICI'dce.-ery wltfl tr.xtor tnJck 1111d S3' triller. •Comp:,cdonof the Englnccrcd WoodRbcrIs NOTIncluded In thelmtdatioo cost.If desired plNSC est u ffledpropoSIII.If Comp:,cdonof the tnglnecredWoodRbciwas purchased,a h cap:ickyw.ster source suchIISII hydrantmust av11Hablc. If applcablc, the cosc.of a meter1111d / or the costof the w11tCI'b NOTlndudcd lntlle prop0SIII. J(wc needto a,cqi6'cthe meterand/orpayfor the w.stcr, plcillscrequestan upd11tedproposal 5 General Nmes forPurnbased lnstaUati9o
•1nsta1111tioodocsNOTlndudc groundprcp:ir;,t!ol\.excav11tlon, s.,fcty.surladng,.and/or .511fety surf.lldng bor'dCfs,prc,pwork,f111twork,gr11dln1J, reroutingof w.stcr, elcctrlc,.d,a!Mge or sprinkler Ines unk!ssotflcrwlsc notedIn chcpropoSIII •Demoof Cldstlng equipment or safetysurfadng Is NOT Included unlcuothcrwlsc .statedIn the propo.5111 •ROCKOAUSE.:Pricing Isbic:ed on norm11I soil conditions wlahwould 11llow 11n11uger on a tractor to dig footings..If rocb/bouldcrs lntcrfCl'c ....-Iththe progress of thecxc;av.,tkln,11dditloMI feesITIIIY"-'PPly. •ACCESSCt.AUS(:Jmtdatioobasedon dc11raccessto 11re11. CnmcservkcIs NOTindJdcd. Customer to provide 11cccssfor bobcatto worl:ar bobcatwil be provkledby IIISUIIICI'. Minimum aotCSSslllllllbe1' ¥ride1111dT high. If 11deqwtcIICCCSSIs not provided aoddltioo11I charge,.ITIIIYl!pplyand rep:111 to l11ndsape and IITIIJ.stlon fflll)'berequired. CustomerIs rcsponslbJcfOf y rqwdfstol11ndscapc If proper«ccub n01lprovided. ♦ \1111.flYCLAUS.E: lnst1ll11tlon to Include m11rldngof utlltlesbyDigAlert.Dig AlertCANNOTlocate11nyprt.,.stellne!S, PvCor pl11stk w.stullnes..lrmalllltioodocs NOTlndudc rep:ilr or relocating 11ny undergroundutilitles. sud!e dniln11gc, lrrilJ.stlol\. lM! w11ter lhes,mainlow vol'1119e liles,911s, elcctrlcaL oornmunkllllon, or Scwef etL CustomCfSrcsponsi611ity to prO'wfdcloc.elioos of 11nyutllltic,.priortooommentemenlof w •CustomCf b rcspo,nsiblc for .,11l11ndscapc rc0.,h sud!IS, butnotlmhcd todllm11gcdtrees,bushes,1_.n, cur g..ddcw.,lkund/or IISphalt ng auscdby materl11ls truck d/or 2-tonbobcatnce<led COoomplctc project. •1nsta1111tioodocsNOTlndudc groundprcp:ir;,t!ol\.excav11tlon, s.,fcty.surladng,.and/or .511fety surf.lldngbor'dCfsunlcuothel'Ylisc nCl!cd •Beforeweproceed....-Ith tfleplaygroundlnstailllltkln, tflepbyground aorc11MUSTbe comp:ictcd,be free of dcbtis,andcxc;av.,tedaot0nln9ly. Plc11sccall for dctlllls.
•Conuetep:idfor .surl.xcmount kcmsNOTlnduded d MUSTbe providedbywstomCI' unless cthCM!scstiled. ♦ surl.xc mountanchoringto asph11lt 11nd r 11reub NOTIncluded unk!ssotllcrwlsc5lalcd. •PrivllteUtllkyloc.etof b NOTlndudcd unlc:.uotllC!Whc noted. Ptt,,.,te Utility Locator CANNOT be.etc 11nyPVCor plastic w11terlines •1nstai111,tioodocsNOTlndudc SIIWcutting and/or oorcdtaig unless otherwisenoted •1nsta1111tioodocsNOTlndudc jac.kh11m..mcrlng. Ple.,sc cal for dctllils. •NCI MUSTh11vcnorm:ildcondltlons 11ndbe kNel.
• All Athk!dtEquipment G011ls .suchauootCI',footbllll, etc,lrmd k>c:ltlon MUSTbe marked out bywstomCI'priOfto lnst11H11tlon, tfl wllSpurchllSed P.O.Box1088,TUSTTN.CA92781 1-8()().669-2585 DAVEBANG.COM Page3/5
INFO@DAVEBANCiCOM UC1795052
$ioce 1979 davebange>
associates inc. 1
Estimate
CA261283
6,Iemoocacv feodoo -SCOUritvgwrdsand/Of lempcraiy(endng lo Pf l lnlurles, v,ffldallsm ,ffld/01'acddental dltmagelolnst:ill aore11or lo lhe rubberiledsurfacewhle ltsds Is NOTlncilaed ur4essnCl!cdonqucile. lf dciired,tllelnst:i'!!eo am put upa,utloo t-:ipe,bul Tempor11ry Fcn i!!9 ISrecommended. Altllough lhe (endng, I( prowled,Is Intended to provide tlllssecl.rity,the o-..erllll securllyof Oleproperty Is ultlmlltelythe respoosibalty o( wstomer.We11re not responsibk for lmY vandalism°' ln)Jrles even whh Oleprovisionol'the fendng. 1 ADA Access
•PlllyE<iulp,rnenl MUSTbe Installed over110lmpaCN1bsorblngsurf11ce such11sADAcompl1;$0t Engineered WoodFiber or Rubber Sur(;x.lng. If net quoted, please call fer i!efds.
-This11re11Is NOT ADAcompl1;$0t wllhout the lnstall11tloo o( com nlsur(adng 11ndan aotesSibJerouteuplo ,$lidInto the p&llygroundare.,..Plei,se CIIIfor detllils.
8 Pm,red:in:PIace811bber S1utadno
•lbJbber Surfadng oure timeIs normally 472.hoinll!ldcanvarydepending oo wealfler condltlollS. •lbJbber Surfadng caooolbelnstlllled during mremeweatller conditions,$lidmayllllsonot be lnstded f rllinorfro:sl Is fOfec:istdurlng the curetime. •,4.Hour MannedSecl.rityIs NOT lnduded for rubber.
9 5badf:5htltenCoonOSAl
♦ shaode ShellerIOS'!allldon prkeEXCLUDES• unless otherwhestated In thisquote•engineering, permits, permit submittal ft plll!lS,.i;pedalnspecdons.. soil rc,ports..Impact fees,spedal assessment (ees. CustomerIs reponsibk forlmY1111d1111oftheseliemsIf requiredby the Clly. ♦ shaode Sheller m-mu(arturc dme ls6-8weeks.PermlttlAIJcan11dd2"4wecbormoreto leadtime. PLEASE NOTE:ShadeOrders11reNOT relei,sedInto production untl permitIslswed!
♦ shaode Sheller lflSUll!ldon prkeEXCLUDES conaetepad,footings, masonrycclum.ns, elcctrlcal wiring and lights unlessotllctWiscnoled. 10 5badf:5htltenCQ:SA)
-6-8Wedek!11dtimeIs AFTER OSAapprowl by your lmhltect of dlolce • Customer to rccet.-e shade shelter. If recelvlnlJby us Is needed,pleasecall fOf prklnganddetlllls! • Joblo be completedIn one moblllutloo. Additional mO'w'eSwil be addltlonailprldnlJ f welJferequired to remobll.-edue to schedule Issues,stop work or II delay In work not causedby us •PrldAIJdoesNOT Include, 11rchltcctunil drawlngs.. sitefplot plans, DSAsubmkt:"111fees.job site lm;pcctor fees, sllopweldlng Inspection fees,ll!ldlcrpennies •OSAln,pl11nt WeldlAIJInspector to be .. ed by the School District. Welding Inspectorftt he NOTbeenquCl!cd. -schoolOis1rict IAfchltect e fOf submissionof p&llnsto DSAfOf OSAapproval •Fabricationcannot start untll lm;pcctloos havebeencoordinated, coloBhavebeenselected, and approvedp&llnsrccet.ed. •Fabricationcannot start untll lm;pcctloos havebeencoordinated, coloBhavebeenselected, and approvedp&llns 11 f[f'l(,1mooWages
• Pr-cvallng Wa,gesNOTlnduded untessotllerwhenoted. (le: Davis 011coo,TERO, ect.) Iftllls Isa Prev11HlngWageproject,plell!Serequest11ltcm* prklng. •lf Pr-HIAIJWi,;eslDavisBaconWages werelNCLUOEO,dother spc<.iai!W0f1c.feesNOTIncluded •Addldon11I Labor Chargesm11yapplyii'defnalel11bot Is required. •u DIRProject Reglstnltlon Isrequired, wortmaynotbegin l.lfldl we receiveDIRPreject JOnumber 12 lodf:mnitl'Pmvisi9n
• Holwilhstandlng anyt}llng to OlecontraryIn anyContractDocumentswe sllal haveno dutyto defendor Indemnify Owner.Customer,or lmYotllerpartywe a,gree to defendorlndem.rilfy In ,fflyContractDocumentsfOflflatpordonol',fflyd11lm Mislngout ti the00mp11ratt.-c f.wlt ol',fflypartywea,gree to defend°' lndemnl(yln 11nyContndOoouments. n IDSIIOOce
Avall•ble lruurarKe
Umbrella I ExcessU11billty:
tad!Occurrence•S2.000,000.00
Aggregate• S2,000,000.00
Geneni!LbblltyUmlts:
Oeductlbk • $2,500.00
tad!Occurrence•S1,000,000.00
011,na,ge to RentedPremises•SI00,000.00
P.O.Box1088, TUSTTN.CA92781 1-800-669-2585 DA.VEBMIG.COM Page4/5
[email protected] UC 1795052
$ioce 1979 davebange>
associates inc. 1
Estimate
CA261283
Media.I bpense• SS,000.00
PeNom,U,AJJv lnjl.W)'• Sl,000,000.00
GenenilAggregate(per ptojed:)•S2,000,000.00
Products Comp/OPA99• Sl,.000,000.00
bdudesContr.ertua Uabllty
AYllilablc Endorsements:
Addltlonal lnsi.ed OA!Joh-.i OpCl'MionsCG.2010
Addltlonal lnsi.ed Completed Opemlor,s CG 20.37
PrlmlJI)'NoncontributOf)'JFG,G,,
Wa.Mr of S1JbrOIJrion CG24CM.
Per Project Ag9reg11te JFG,.G,,.006S
Per LocationA99regi,te £FG.G.oo64
Al.ItoUablllty Umlls:
(MyAulo, Hired Auto5, Hon,()ymed Aulos)
Combtled Single Umlt S1,000,000.00
AYllilablc Endorsements:
Al.ItoBlanket Addltion11l lnsi.ed/W11lver of Subrog11tlooCA.T.l53 WorkcnCompel\Mtion11ndEmploycnUablllty:
Udl Acddent•Sl,000,000.00
OisellSe(te Employee) •S1,000,000.00
Olse11se(P UmlQ• S1,000,000.00
Wa'tw'er ofS1JbrOIJrion Endonementav,,l,tbk upon request CA WCCM0306
Initial:
P.O.Box1088, TUSTTN.CA92781 1-800-669-2585 DA.VEBMIG.COM PageS/5
[email protected] UC1795052
Addendum No.3
Ince l'J79
Estimate
davebange>
associa es inc ..71 CA264314
To: Cicy of Madera-iParks 8c Community Senrroe.s Dist
A.urn: Hector Sanch,ez 7101 E 5th Street
Madera, CA 93638
Estimate llalie
01/08/W-2
Salesperson
Jadkie Bowker
Cente-rmial Park - Option 1 - REV
Estim.atJed .Shipping
2-3Weelks
Date Shipped Via FOB Terms#
I Truck-CA I Marnera I Net30 I
Quantity E>esuiption Unit Price Total Extendeo
1 SitJe Prep by a Licensed 1Gontractor to INClUDEprevailing wages:
- Demo/Remove Existing Eq;1.1ipment and Rubber
[nstallation by a Factory Cenified Licensed Contractor tJo lNCLUD:Eprevailing w es: - Install Replacement ay 6quipment - Install Geotextile Fabric 2,209 sf of Brown Rubb:er Bark at 12.0" in depth
·•To INCLUDEprevailing wages
Payment & Pertbrmance Bond
The ab:o\lleprice is l:Jas.esot on utilizing Ille Fenoe Builder labor ratie cla.ssifa:ation(s)1• rn this(.·ob requires DIR project regisrration (PWC-100),please list this c assification. If another labor classificaoon is required, please let us know so we can revise tllis quote, if needed.
$38,410.00 SJ.BA10.00
1 $41,100.00 $41,100.00
2,209 s11.20 S37,994.SO
1 $3,525.14 sa,s2s.14
rti/5 ESTIMATE15 SUBJECT TOTHEATTACHED TERMS AND CONDiriONS Subliotal $121,,()29.94
THANKYOU FORTHISCHANCE TO ESTIMATE
D.o.o !11111urci., •. lt!.11I:S. Pl.9SED TOSU9t.l[I TJ11[ ill.!IOV[ E!511L\tll.l[ FO YOURC-Ot-lS[D!;RAlJON.Sl'IOUI.D YOU pl.I,,([ AN0. 01; !IEAS51JR;ED IT Will ECEIV[ OUROMPT li.TTENTION.rHISESTIMATE 1S!I mrro THEAITli.CHED HEIMS ANDCON ONS, MID !SWd.lDFOJIMIDA'IS..nlEREAITTR,ITIS U!lJEafO OWN E HOUTNOTICE.
Tax (0%) $0.00
Total $I21,,(l29.94
Accepted By
Print Name:
---------------Signarure: Date:
PLEASESIGN AND RETURN O E COPY Wl--lEN OREJEIRING.
P.0. Box 1088,11.JSTIN. CA92781 1 00-669-2585 DAI/EB.ANG.COM
[email protected] UC:#795052
1 davebange>
ossociotes inc. J
Estimate
CA264314
Terms & Conditions
1 General Nares
"'Assembly and tnstallation NOTIncluded unless othet'Wise noced • payment and Perfoonance bonds are NOTlnduded unles.sotherwfSestated. tf reqlJired. additional charges winapply.Pleasec.aUfor detalkl •cusromerresponsible for quoced quantities and mod numbers, piease check! "Pfkereflects quoced quantity. Pleaserequest revlSioo If altemate quantity iSdesired.. 2 Pavrnenr I Qrderioo
"TOORDER. please Sign quotea.nd rerumvia em.al.I or fax to aVOidarr,shipping delays. Fax or email copydeemed to be legal equivalencof ortglnal. If Payment with Order Is required, otease slgo quoce belowand reuxn with payme-m..All pastdueaaounts subject to 1 ½91>monthly flnance charge. tn the evenclega.l action Is required to effect colfecdoo venueshat.Ibe Ofange,CA.. 3 Sbiooino I I lnloadino
pped bf commoncamer- cusromer wnlneed2-4 people to unload. Uftgare NOTlnduded.I.terns 'MUbe boxed and tor stretch wrapped to pallets and cusromer Is responsible for offloadi.ng. Del1Yery Dr1Ye<sdo NOTunload ...IMPORTANT: customer iSresponsible for receiving and checkl.ngquantities and co.ndltkln at time of dellYery -Pleasenoteany shortages or damages o.n delivery copy. 'Notwithstanding anything to the contrary in any conu-aa OOC:tXnents. customer understands that estimated shlptnenc times for mate11alsa.re an estimate only. we have nocontro4oversfilpment dates.We thus makeno guarantee toOWner or customer regarding the profeaedshipment dates for materials and shall not beliable for any loss causedby the dming of shipments 4 Enoineece<IWood fiber
•cusromer to prow:le accessfor Engineered WoodFiberdet1Yery with traaor truck and53' trailer. •cusromer to prow:leaccessfor Engineered WoodFiber del1Yery with traaor truck and53' trailer. • compaction of the Engineered woodFiber iSNOTlnduded in the lnstallatJoo cost.If desired please re an updated proposal. tf compactionof the Engineered WoodHber was p!J'chased, a hiah capacity water sourcesuch as a hydrant mustbeavailable. If applicable. the cost of a meter and/orthecost of the water IsNOTI.ncluded in the proposal. tf wene-ed to acquire the mete<and/ or pay for the water, pleaserequest an updated propos.a.l 5 General NotesfoePurcbase<IJoSJaUarinn
"Tnstabtion does NOTinclude d preparation. excavation,safervsurlad.ng, andforsafery surfacing borders.prep wort,flat WO<k.grading,.erouting of water, electl1(. dra.inageorsp11lllder lines unless otherwfsenoted in the proposal •oe-moofex!Stf.ng eqLlpment or safety surfadng IsNOTl.nduded l.Wlless otherwisestatedIn the propos.al 'ROCKCLAUSE:PriclnQIsbased on norma.l solt coodittOOs which would allow an auger ona tractor to dig footings.If rockSJboulders Interferewith the progress of the e«.ilvat.iOo, addJilonal fees may apply. 'ACCESSClAUSE:tnstallation based ondear accessto area. craneservk:eIs NOT lnduded.cusromer to prowleaccess for bobc.at to W0(1(area. bobc.atwiJI be provided by Jnstaffer. Minimum acces.sshall be T "'6deand 7 high. Jf adequate acces.sis not provided additional charges may appiy and,epalrs to landsc..ape and ,rtlgatlOo mayberequired.Custome, ISrespons.Jble for any rep.alts to iaOOscape If proper access iSnoc prcwided. 'llTlUTY CLAUSE:JnstaUat.iOoto include mar1dng of ..alllties b-jDig Alert.DigAlenCANNOTlocate anyprivatelines.PVCor plastic wate<lt.nes. tnstallationdoes NOTlndude repair o,relocating anyunderground utllJties, suchasdrainage, lrtlgatJo.n,live water Jines, main low voltageUnes, gas. e.lec.trlcal. communication, or sewer etc.customers responSiblliry to provideloc.atiOns of any utllJtles pr1or to commencement ofwol1(. •cusromerIs res,>c¥1slble for all landscape repairs suchas, b..anot limited to damaged trees.bushes, lawn, curbing, sidewalks and/or asphalt pa-Angcausedb-j materials trucka.nd/or 2-ronbobc.at ne-e<led to complete project. "Tnstabtion does NOTinclude ground preparation. excavation,safety surlad.ng, andforsafety surfacing borde<sunless otherwfsenoted 'Beforewe proceed with theplayground lnStaJlat:ion, the playground area MUSTbe compaaed,befreeof debris, a.nd e)((avatedaccordlngty. Please call for details. •concretepadfor surface mount items NOTIncluded and MUSTbe provided by customer unless otherwise stated. acemount ancho(fng to asphalt and paverareas Is NOT lnduded unles.sotherwfse stated. 'PmateUtility Locator Is NOT lnduded unless otherwise noted.Private UtllltylocatorCA.NNOT locateany PVCor plastic water li.nes "Tnstabtion does NOTinclude saw cuttingand/or CO<e dr111i.ngunless:otherwise noted "Tnstabtion does NOTinclude jad:hammerlng. Please callfor details. 'AreaMUST havenormal soilconditions and be level..
'AllAthletle Equipment Goalssuch as soccer, footbaJI, etc,install loc.atiOn MUSTbe marked out b-j customer pl10( to Installation, lfl.nstallat:ion was p!J'chased P.O. Sox 1088,TUSTIN., CA 92781 1-800-669-2585 DAVEBANG.COM Page2/4
[email protected] UC #795052
1 J
davebangE)
ossociotes inc.
Estimate
CA264314
6 Iemppracv fencing
ur1ryguards andfor tempo<ary fendng to prew-m l ul1es.vandalism and/or acdde-mal damage to Install areaor to therubberiZedsurface whileIt set:sis NOTindudedunlessnoted onquoce.If des.red. theInstallerscanP.,Jtup caution tape,but Temporary FencingISrecommended.Although the fenc.ing, lf provided, Ismtendedto pro\lidethissecurity, theowra11secur1ryof the property isultimately theresponsibility of customer. we are not res.ponSibie for ar')f vandatlsm « l.njur1eseyenwiththe prcwlslon of thefendng.
Z APA Acress
i"?'ci I at MUSTbe lnStaJled over anImpact-absorbing surface suchas AOAcompliancEngineered Wood Aber or Rubber surfadng. Jf not quoced, please "'ThisareaIsNOTADAcompliant without thelnstal.lattoo ol compliant surfacing and an access.ible route up to andImo theplayground area.Pleasecall for details. 8: Poure<H0:PlaceR11hber Surtacing
'"Rubber surfacingcure timeiSnormaJly48-72 hours and canvarydepending on weather conditions. '"Rubber surfacingcannot be installed during extremeweather conditions andmayalso not be lmtalledifrain or frost ls forec.ast durt.ng the CU(etSme. "48-HourManned Securtty ISNOT included f0<rubber.
9 Shade Shelters(DOC QSA)
"ShadeShelter Installation prtceEXCWDES- unles.sotherwtsestatedin thlSquoce• engi.ne«ing, permllS, permitsubmlnal.siteplans. spedal lnSpections.soil reporu., impaa fees.spedal ass sme,m fees.Ct.6tomerIs r ponSlble for any and all of theseItemsIfrequired by theCity. "ShadeShelter manufaaure tSmeIS6-8weeks.Perminingcan add2-4weeksor mo<eto lead time.PLEASENOTE: ShadeordersareNOT releasedIntoproduction unt11permit lsls.sued.! "Shade Shelter Installation prtce EXCWDES concretepad,foOO.ngs,masonry columns. eleatlcal wiring and lights unlessotherwise noced. 10 ShadeSbelrecsCPSAl
w6-8Week lead timeIsAFTERDSAappr<wal by your archltea of choice ,.Cusromer to recei\'eshadeshelter. tf receM.ngby usIs needed, please call for pr1dnga.nd detailSI ,.Job tobe compleced in onemobilization.Additional mowswiJIbe additJonal pricingIf we are required toremobilize dueto schedulels.sues,stopwork«adelay In work notcausedby us
"Pfki.ng does NOTl.nclude.archlteaural drawings,Slte/P,ot plans.DSAsubmlnal fees.Job site inspea0<fees, shopwe.IdIng lnspectlOnfees.and/or permits "DSAi plancWelding TnspectO<tobehiredby theSChool Oistrtct. Welding tnspector fff hasNOTbeenquoced.
Dis.Ula/ NChltea responslbie f0<submission of plans toDSAfor DSAapproval "Fabrt<.attoo cannotstart until lmpections havebee-ncoordinated,Worshavebeenselected,andappr<wedplans rece1Yed. "Fabrt<.attoo cannotstart until lmpections havebee-n coordinated,Worshavebeenselected,and appr<wedplans rece1Yed. 11 P'cevailino Wages
"Prevailing WagNOTIncludedunlessotherwisenoted..r.e:DavisBacon,TfRO,ecL)Jf thlSisaPrevailing wageprOjea. pleaserequ t allemare pocing. "'IfPrevailing Wag /Da'MBaconWageswereJNCWDED. all oche-r speda1work feesNOTlnduded • AddltiO.nal Labor Chargmayappl'jIf alternatelabo<IS reqtJired. "'IfDIRPrOjectRegis.tratJonIs requJred. work maynot begl.nuntil wereceiveOIRPfOjea lO number 12 lndemnitv PcAYision
'Notwithstanding anything to thecontrary in a,,,. conu-aa OOC:t.ments weshall haveno duty to defendor Indemnify owner customer, or anyotherparty we agreeto defend« indemnify in arr,comraa OOOJT1en1s. f0<thatpomooof anyclaim arfs.ing out of thecomparatlYe fault al anyparty weagree to defend or Indemnify Inany Contract oocume-ms. n lnmcance
AvallableInsurance
Umbreffa/ ExcessUabllity.
Eachocaxrence • 12.000,000.00
Aggregate• s2,000,ooo.oo
General liability LimJt:s:
Dedual.ble • 12,.SOO.OO
Eachocaxrence-11.000,000.00
DamagetoRentedPremis -1100.000.00
P.O. Sox 1088,TUSTIN., CA92781 1-800-669-2585 DAVEBANG.COM