Agenda packet, second session — Mendota City Council, April 23, 2024 (part 1 of 3)

CITYOF MENDOTA
,,Canttaloupe Center Of The World"

VICTOR MARTINEZ
Mayor
LIBERTAD "LIBERTY" LOPEZ
Mayor Pro Tempore

JOSE ALONSO
JOSEPH R. RIOFRIO

OSCAR ROSALES

AMENDED AGENDA

MENDOTA CITY COUNCIL
Regular City Council Meeting
City Council Chambers
643 Quince Street
Mendota, California 93640
April 23,2024
6:00 PM

CRISTIAN GONZALEZ
City Manager

JOHN KINSEY
City Attorney
The Mendota City Council welcomes you to its meetings, which are scheduled for the 2il and 4th Tuesday of every month.

Your interest and participation are encouraged and appreciated. Notice is hereby given that the Gity Council may discuss and/or take action on any or all of the items listed on this agenda. PIease turn your cell phones on vibrate/off while in the council chambers.

Any public writings distributed by the City of Mendota to at least a majority of the City Gouncil regarding any item on this regular meeting agenda will be made available at the front counter at City Hall, located at 643 Quince Street Mendota, CA 93640, during normal business hours, 8am-Spm.
ln compliance with the Americans with Disabilities Act, individuals requiring special assistance to participate at this meeting please contacl the City Clerk at (559) 655-3291 or (559) 577-7692. Notification of at least 48 hours prior to the meeting wiil enable staff to make reasonable arrangements to ensure accessibility to the meeting.

Si necesita servicios de interpretaci6n para participar en esta reuni6n, comuniquese con la Secretaria de la Ciudad al (559) 655-3291 o (559) 577-7692 entre las 8am y las 5pm de lunes a viernes. La notificaci6n de al menos 24 horas antes de la reuni6n permitir6 al personal adoptar las disposiciones necesarias para garantizar su participaci6n en la reuni6n.

CALL TO ORDER

ROLL CALL

FLAG SALUTE

INVOCATION

FINALIZE THE AGENDA

1. Adjustments to Agenda

2. Adoption of final Agenda

PRESENTATIONS

1. Congressman John Duarte to present a ceremonial check to the City of Mendota for the Mendota Pavement lmprovement Project.

RECESS (20 Minutes)
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City Council Amended Agenda 1 April 23,2024
643 Quince Street Mendota, Galifornia 93640
Telephone: (559) 655-3291 Fresno Line: (559) 266-6456 Far: (559) 655-4064 TDD/[TY 866-735-2919 (English) TDD/[TY 866-833-4703 (Spanish) www.cityolmendota. com
The City ol Mendota is an equal opportunity prouider and employel 1 2

CITIZENS' ORAL AND WRITTEN PRESENTATIONS
At this time, members of the public may address the City Council on any matter not listed on the agenda involving matters within the jurisdiction of the Cig Council. Please complete a "request to speak" form and limit your comments to THREE (3) MINUTES. Please give the completed form to the City Clerk prior to the start of the meeting. All speakers shall observe proper decorum. The Mendota Municipal Code prohibits the use of boisterous, slanderous, or profane language. All speakers must step to the podium and state their names and addresses for the record. Please watch the time.

APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING

1. Minutes of the regular City Council meeting of April 9,2024.

2. Notice of waiving of the reading of all resolutions and/or ordinances introduced and/or adopted under this agenda.

CONSENT CALENDAR
Matters listed under the Consent Calendar are considered to be routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. lf discussion is desired, that item will be removed from the Consent Calendar and will be considered separately.

APRIL 5,2024 THROUGH ARPIL 15,2024
A, WARRANT LIST CHECK NOS. 54679 THROUGH 54734
b. TOTAL FOR COUNCTL AppROVAL = $1,b56,038.67
Proposed adoption of Resolution No. 24-15, approving the purchase of one new 2024 cargo trailer from Thompson Trailers, and upfitting costs for service as a functional Mobile Command Post for the Mendota Police Department.

Proposed adoption of Resolution No. 24-16, approving Amendment No. 4 to the Cooperative Agreement to Establish Program Eligibility and Funding Requirements between the City of Mendota, City of Reedley, and the Fresno County Transportation Authority for the Sustainable Aviation Project.

Proposed adoption of Resolution No. 24-17, approving the agreement with the Superior Court of California, County of Fresno, for the provision of available court connection and electronic support services.

Proposed adoption of Resolution No. 24-18, approving the acceptance of grant funds for the Mendota Community Center Project.
3 4
5 City Council Amended Agenda 2 April 23,2024

BUSINESS
1, Geuneil diseussien and eensideratien eferdinanee Ne. 24-01, amending Ghapter 12,20 ef the Mendeta Munieipal Cede related te the regulatien ef exelusive use ef eity+aeititiese
e Mayer Martinez epens fleer te reeeive any eemment frem t\e pablie erdinanee No 2l 01 and sehedales a publie hearing fer May 1 f ; 2021

2. Council discussion and consideration of authorizing a Letter of Support for Assembly Bil! No. 2661, introduced by Assembly Member Soria, which aims to repurpose agricultural lands for the purpose of clean energy development. a. Receive repoft from City Manager Gonzalez
b. lnquiries from City Councilto staff
c. Mayor Martinez opens floor to receive any comment from the public d. City Council provides direction to staff on ltow to proceed Council discussion and consideration of purchasing body-worn cameras for the Mendota Police Department.
a. Receive repoft from Chief of Police Smith
b. lnquiries from City Councilto staff
c. Mayor Maftinez opens floor to receive any comment from the public d. City Council provides direction to staff on how to proceed

PUBLIC HEARING
Council discussion and consideration of the introduction and waiver of the first reading of Ordinance No. 24-02, amending Title 17 of the Mendota Municipal Code to add and modify housing-related definitions, procedures, and regulated USES.
a. Receive report from City Planner O'Neal
b. lnquiries from City Councilto staff
c. Mayor Martinez opens the public hearing
d. Once all comment has been received, Mayor Martinez c/oses the public hearing
e. Council constders the introduction and waiver of the first reading of Ordinance No.24-02
3 1
City Council Amended Agenda 3 April 23,2024

DEPARTMENT REPORTS AND INFORMATIONAL ITEMS
1, Animal Centrel; Gede Enfereement; and Peliee Department @

2. City Attorney

3. City Manager

MAYOR AND COUNCIL REPORTS AND INFORMATIONAL ITEMS

1. Council Membe(s)

2. Mayor

CLOSED SESSION
1 CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code sections 54954.5, subdivision (f), 54957.6 a. Agency Designated Representative: Cristian Gonzalez, City Manager b. Employee Organization: Mendota Police Officers Association 3 Pursuant te Gevernment Gede seetiens 54954,5; subdivisien (f); 5 1957,6

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code section 54956.8
Property: 1758 7th Street, Mendota, CA 93640
Agency Negotiator. Cristian Gonzalez, City Manager
Negotiating Party: Gabriel Guillen
Under Negotiation: Price and Terms of Payment

4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code section 54956.8
Property: APN 013-222-02
Agency Negotiator: Cristian Gonzalez, City Manager
Negotiating Party: Jorge Rebollo and Saturnino Rebollo
Under Negotiation. Price and Terms of Payment

5. CENFERENEE WITH tEGAt GEUNSET ANTIEIPNTED TITICNTION Signifieanlexpesure te litigatien pursuant te paragraph (2) ef subdivisien (d) ef

ADJOURNMENT
City Council Amended Agenda 4 April 23,2024

CERTIFICATION OF POSTING
l, Celeste Cabrera-Garcia, City Clerk of the City of Mendota, do hereby declare that the foregoing amended agenda for the Mendota City Council Regular Meeting of Tuesday, April 23, 2024, was posted on the outside bulletin board located at City Hall, 643 Quince Street, on Monday, April 22,2024, by 5:00 p.m.

Ierk
City Council Amended Agenda 5 April 23,2024
Minutes of City Council Meeting 1 April 9, 2024

MINUTES OF MENDOTA

REGULAR CITY COUNCIL MEETING
Regular Meeting April 9, 2024
Meeting called to order by Mayor Martinez at 6:01 PM
Roll Call
Council Members Present: Mayor Victor Martinez, Mayor Pro Tem Libertad “Liberty” Lopez, and Council Member Jose Alonso
Council Members Absent: Council Members Joseph Riofrio and Oscar Rosales Flag salute led by Mayor Martinez
Invocation led by Police Chaplain Ophelia Lugo

FINALIZE THE AGENDA

1. Adjustments to Agenda.

2. Adoption of final Agenda.

A motion was made by Council Member Alonso to adopt the agenda, seconded by Mayor Pro Tem Lopez; unanimously approved (3 ayes, absent: Riofrio and Rosales).

CITIZENS ORAL AND WRITTEN PRESENTATIONS
Officer Robert Garibay provided an update on the Mendota Police Officer Association’s (“MPOA”) newly proposed scholarship program for Mendota High School Seniors and on the possibility of the MPOA holding a “cruise night” event in the City.

Discussion was held on the comments made by Officer Garibay.

Kevin Romero provided an update on the Mendota High School baseball and softball teams and provided clarification on his election to the Fresno County Democratic Party Central Committee District 1 seat.

Minutes of City Council Meeting 2 April 9, 2024
Kyle Savage introduced himself to the City Council and provided an update on Congressman John Duarte’s ongoing legislative work that will benefit the City.

Discussion was held on the comments made by Mr. Savage.

APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING

1. Minutes of the special City Council Meeting of March 13, 2024, the regular City Council meeting of March 26, 2024, and the special City Council meeting of April 4, 2024.

2. Notice of waiving of the reading of all resolutions and/or ordinances introduced and/or adopted under this agenda.

A motion was made by Council Member Alonso to approve items 1 and 2, seconded by Mayor Pro Tem Lopez; unanimously approved (3 ayes, absent: Riofrio and Rosales).

CONSENT CALENDAR

1. MARCH 22, 2024 THROUGH MARCH 28, 2024
WARRANT LIST CHECK NOS. 54627 THROUGH 54678
TOTAL FOR COUNCIL APPROVAL = $570,860.01
A motion was made by Mayor Pro Tem Lopez to approve item 1 of the Consent Calendar, seconded by Council Member Alonso; unanimously approved (3 ayes, absent: Riofrio and Rosales).

BUSINESS

1. Council discussion and consideration of the draft facility use policy.

Mayor Martinez introduced the item and City Clerk Cabrera-Garcia provided the report.

Discussion was held on the report provided by City Clerk Cabrera-Garcia, including the provisions of the proposed policy.

Mayor Martinez opened the public comment period.

Sergio Valdez commented in favor of the draft facility use policy; the need to keep City facilities closed enough days in order to allow for proper maintenance; individuals using City fields when they are wet or it is raining; thanked the City Council and the Recreation Commission for their work with the draft facility use policy; inquired into how the draft facility use policy will be enforced if implemented; and commented on the need to give citations for any facility use violations.

Kevin Romero commented in favor of the draft facility use policy; commented on other Minutes of City Council Meeting 3 April 9, 2024
Cities who have implemented facility use policies; the effectiveness of facility use policies; the condition of City facilities; and on the need to properly maintain City facilities.

Sergio Valdez commented on the need to inspect City facilities before and after every usage; compliments he receives from other cities regarding the conditions of City fields; and thanked the City Council for their work.

Santiago Batres commented on his previous use of the Danny Trejo Soccer Field (the “Soccer Field”); the possibility of once again being allowed to use the Soccer Field; on the overuse and poor condition of the Soccer Field due to a lack of soccer fields; and the possibility of the City providing more soccer fields in order to rotate use to ensure proper maintenance.

Discussion was held on the comments made by Mr. Batres.

Ofelia Ochoa commented in favor of the City providing more soccer fields; commented on the need for community members to properly maintain facilities during their use; and the benefits of having recreational areas for community members to enjoy.

Mayor Martinez closed the public comment period.

Discussion was held on the need to close City fields in order to ensure proper maintenance; the City Council’s desire to construct more sports fields for the community; the process and cost of constructing new sports fields; who gets cited if individuals are caught drinking or smoking on City facilities, the types of violations proposed in the draft facility use policy, including how violations will be enforced; ensuring that applicants clean the facilities after use; and the provisions of the proposed policy.

A motion was made by Mayor Pro Tem Lopez to direct staff to proceed with the implementation of the draft facility use policy with the inclusion of the tournament vendor fees to the fee schedule and further investigate who can be cited for drinking and smoking during use of City facilities, seconded by Council Member Alonso; unanimously approved (3 ayes, absent: Riofrio and Rosales).

2. Council discussion and consideration of establishing a Youth Commission.

Mayor Martinez introduced the item and City Clerk Cabrera-Garcia provided the report.

Discussion was held on the report provided by City Clerk Cabrera-Garcia; which department would oversee the Youth Commission (“Commission”); and an upcoming meeting with Mendota High School Administration to further discuss establishing the Commission.

Mayor Martinez opened the public comment period.

Kevin Romero shared his background in local government; commented on the need for the Minutes of City Council Meeting 4 April 9, 2024
youth to be involved in local government and commented in favor of establishing the Commission.

Raymond Aquino commented in favor of establishing the Commission and on the benefits of getting the youth’s perspective when discussing different issues in the City.

Mayor Martinez closed the public comment period.

Discussion was held on the Commission, including the need to increase youth involvement with the City.

A motion was made by Mayor Pro Tem Lopez to proceed with establishing a Youth Commission and continue discussions with the Mendota High School administration regarding the Youth Commission, seconded by Council Member Alonso; unanimously approved (3 ayes, absent: Riofrio and Rosales).

DEPARTMENT REPORTS AND INFORMATIONAL ITEMS

1. City Engineer
a) Update
City Engineer Osborn provided an update on City projects, including the Stormwater Improvement Project and on road repair projects that can be funded with the Community Project/Congressionally Directed Spending that Congressman John Duarte championed for on behalf of the City.

2. City Attorney
Assistant City Attorney Castro had nothing to report.

3. City Manager
City Manager Gonzalez thanked staff and consultants for their work; thanked everyone who attended the meeting and commented on the possibility of holding a goal setting meeting.

MAYOR AND COUNCIL REPORTS AND INFORMATIONAL ITEMS

1. Council Member(s)
Council Member Alonso commented on his upcoming attendance to the League of California Cities City Leaders Summit to advocate on behalf of the City.

Mayor Pro Tem Lopez commented on her efforts to bring new businesses to the City; on her excitement for upcoming City events and projects, including road repair projects and the new Mendota Police Department and City Council Chambers; on the possibility of holding an employee appreciation banquet and on the possibility of expanding the type of Minutes of City Council Meeting 5 April 9, 2024
merchandise that the City sells through the Mendota Community Corporation.

Discussion was held on the comments made by Mayor Pro Tem Lopez and on the William Robert Johnston Municipal Airport (“Airport”) basin encampment eviction process, including the need to provide resources to the individuals who will be evicted.

2. Mayor
Mayor Martinez thanked everyone who attended the meeting.

CLOSED SESSION

1. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code sections 54954.5, subdivision (f), 54957.6 a. Agency Designated Representative: Cristian Gonzalez, City Manager b. Employee Organization: Mendota Police Officers Association

2. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code sections 54954.5, subdivision (f), 54957.6 a. Agency Designated Representative: Cristian Gonzalez, City Manager b. Employee Organization: Unrepresented Management Employees

3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code section 54956.8
Property: 1758 7th Street, Mendota, CA 93640
Agency Negotiator: Cristian Gonzalez, City Manager
Negotiating Party: Gabriel Guillen
Under Negotiation: Price and Terms of Payment

5. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code section 54956.9 (one potential case).

At 7:18 p.m. the City Council moved into closed session.

At 8:04 p.m. the City Council reconvened in open session and Assistant City Attorney Castro stated that in regard to items 1 through 5 of the closed session there were no reportable actions.

Minutes of City Council Meeting 6 April 9, 2024

ADJOURNMENT
With no more business to be brought before the Council, a motion for adjournment was made at 8:04 p.m. by Council Member Alonso, seconded by Mayor Pro Tem Lopez; unanimously approved (3 ayes, absent: Riofrio and Rosales). _______________________________
Victor Martinez, Mayor
ATTEST:
_______________________________
Celeste Cabrera-Garcia, City Clerk

CITY OF MENDOTA

CASH DISBURSEMENTS
04/05/2024 - 04/15/2024
CK# 054679 - 054734
Check Date Check Number Check Amount Vendor Name Department Description April 5, 2024 54679 $ 42.39 AIRGAS USA, LLC WATER RENT CYL IND SMALL CARBON DIOXIDE FEBRUARY 2024 April 5, 2024 54680 $ 142.44 ARAMARK GENERAL, WATER, SEWER PUBLIC WORKS UNIFORMS SERIVCE FOR 1/25/2024 April 5, 2024 54681 $ 721.38 AT&T GENERAL, WATER, SEWER CITYWIDE TELEPHONE SERVICE 2/25/2024-3/24/2024 April 5, 2024 54682 $ 729.00 BSK ASSOCIATES WATER, SEWER GENERAL EDT MONLTHY 2/13/2024 AND 2/27/2024, WW WEEKLY GRAB SAMPLE BOD,TDS 2/20/2024 AND 2/27/2024
April 5, 2024 54683 $ 505.40 COMCAST BUSINESS GENERAL FRESNO COUNTY SHERIFF MENDOTA PD CIRCUT MARCH 2024 April 5, 2024 54684 $ 80.00 COOK'S COMMUNICATIONS GENERAL M#86 1/2 HOUR LABOR MAIN CICUIT BREAKER OFF April 5, 2024 54685 $ 9,665.50 CORE & MAIN LP WATER
(1)CL1-9.40X12 8X12REP & (2) CL1-7.46X12 6X12 REP, 3/4 CF TUBE NUT, (10) 3/4CPLG & (10)1CPLG, (10) 1BALL MTR & (10) 3/4 BALL MTR April 5, 2024 54686 $ 4,836.37 DELTA SAND, GRAVEL & RECYCLING GENERAL,STREETS (2) BASE ROCK, (1) CRUSHED ROCK, (7.78)RIVER ROCK, (2) SAND April 5, 2024 54687 $ 281.00 DEPARTMENT OF JUSTICE GENERAL (5)FINGERPRINT, (3)CHILD ABUSE, (4)PEACE OFFICE (PD)
April 5, 2024 54688 $ 15,443.81 FRESNO COUNTY SHERIFF GENERAL,WATER DISPATCH SERVICES FOR APRIL 2024 AND FOR MARCH 2024 REMAINING April 5, 2024 54689 $ 890.50 GONZALEZ TOWING & TRANSPORT GENERAL (1.50)MEDUIM DUTY WRECKER, (1)TRUCK 51 TOW WRECKED
April 5, 2024 54690 $ 195.00 iCAD INC. WATER
SERVICE WORK FOR SERVICE AGREEMENT 24154
April 5, 2024 54691 $ 917.79 SIMPLOT GROWER SOLUTIONS WATER, SEWER (25) GAL ROUNDUP POWERMAX 3 2.5G
April 5, 2024 54692 VOID
April 5, 2024 54693 $ 1,203.27 METRO UNIFORM GENERAL
RAZOR BODY ARMOR ROBERT GARIBAY (PD) AND (1)MENS LAPD, (1) 6PKT LAPD, (4)SHOULDER PATCH R. VALDEZ
April 5, 2024 54694 $ 94,078.02 MID VALLEY DISPOSAL, INC GENERAL

SANITATION CONTRACTR SERVICE MARCH BILL AND FEBRUARY USAGE 2024
April 5, 2024 54695 $ 8,756.71 BANKCARD CENTER GENERAL, WATER, SEWER, CREDIT CARD EXPENSES 2/27/2024-3/22/2024 - MEETING SUPPLIES, PD

MOTORCYCLE HELMET, OFFICE SUPPLIES -PD, DC TRIP
April 9, 2024 54696 $ 309.81 ADT SECURITY SERVICES GENERAL, WATER, SEWER SECURITY SERVICE 4/13/2024-5/12/2024 CITY HALL & DMV
April 9, 2024 54697 $ 432.75 JOSE ALONSO GENERAL
PERDIEM & MILEAGE FOR CALCITIES 2024 CITY LEADERS
April 9, 2024 54698 $ 6,512.52 AMERITAS GROUP GENERAL
VISION AND DENTAL INSURANCE FOR MAY 2024
April 9, 2024 54699 $ 85.00 COLONIAL LIFE GENERAL
LIFE INSURANCE PERMIUM FOR MARCH 2024
April 9, 2024 54700 $ 2,080.99 COMCAST GENERAL, WATER, SEWER CITYWIDE XFINITY PHONE & INTERNET 4/06/2024-5/05/2024
April 9, 2024 54701 $ 6,046.50

MENDOTA POLICE OFFICER'S

ASSOCIATION DONATION
VALENTINE BALL 2/12/2024 DONATIONS AND DEBIT CARD

TRANSACTIONS, OTHER DONATIONS
April 9, 2024 54702 $ 874.38 POINT EMBLEMS DONATION
PASS THRU MPOA FUNDRAISE - (200) SILVER PATCH 4*3 STITCH

MERROW BORDER&TAX
April 9, 2024 54703 $ 66,315.30 PROVOST & PRITCHARD

GENERAL, WATER, STREET,
SEWER
RPOF SERV FEBRUARY 2024 MENDOTA AIRPORT CONCEPTUAL
LAND,WELL#10 EXT & MAIN, STORMWATER IMP PROJECT,
April 9, 2024 54704 $ 2,677.73 RAMON'S TIRE & AUTO SERVICE GENERAL, WATER, SEWER (1)OIL CHANGE& FILTER WHEEL BAL 2023 TAHOE, (7)TIRE REPAIR (PD), 2021 FORD F-250 SUPER DUTY-(4) GLADIATOR COMP
April 9, 2024 54705 $ 42.00

SAN JOAQUIN VALLEY AIR POLLUTION

CONTROL DISTRICT

GENERAL, STREET, WATER,
SEWER
FY24/25 GASOLINE DISPENSING OPERATION 10K TANK
April 10, 2024 54706 $ 146,420.00 CITY OF MENDOTA PAYROLL GENERAL PAYROLL TRANSFER FOR 3/25/2024-4/07/2024
April 15, 2024 54707 $ 1,131.93 AT&T MOBILITY GENERAL
POLICE DEPARTMENT CELL SERVICE 2/26/2024-3/06/2024
April 15, 2024 54708 $ 268,286.23 AVISON CONSTRUCTION, INC. SEWER STORMWATER IMPROVEMENT PROJECT FEBRUARY 2024 AND MARCH
2024
April 15, 2024 54709 $ 930.00 BAR PSYCHOLOGICAL GROUP GENERAL

POST PRE-EMPLOYMENT CL,MACO,RAZO (PD)
April 15, 2024 54710 $ 649.00

CALIFORNIA DEPARTMENT OF TAX & FEE

ADMINISTRATION

GENERAL, STREET, WATER,
SEWER
SALES TAXE FOR JANUARY1ST-DECEMBER 31,2023

CITY OF MENDOTA

CASH DISBURSEMENTS
04/05/2024 - 04/15/2024
CK# 054679 - 054734
April 15, 2024 54711 $ 886.81 CALIFORNIA BUSINESS MACHINES GENERAL,WATER, SEWER COPIER CONTRACT BASE RATE FOR 4/01/24-4/30/24
April 15, 2024 54712 $ 28.00 DIVISION OF THE STATE ARCHITECT GENERAL DSA 786 DISABILITY ACCESS&EDU.FEE QRT1/1-3/31,2024
April 15, 2024 54713 $ 1,049.41 CORBIN WILLITS SY'S INC. GENERAL,WATER, SEWER ENCHANCEMENT & SERVICE FEE MARCH 2024
April 15, 2024 54714 $ 162.00 DEPARTMENT OF JUSTICE GENERAL (4)FINGERPRINT APPS,(1)CHILD ABUSE,(1)PEACE
April 15, 2024 54715 $ 1,240.65 EINERSON'S PREPRESS WATER,SEWER,REFUSE (10,000)UTILITY BILLS/BLK INK/PRINTED BOTH SIDES
April 15, 2024 54716 $ 475.40 GONZALEZ, CRISTIAN GENERAL 2023 SOCIAL SECURITY OVER CHARGE ON WAGES
April 15, 2024 54717 $ 195.00 iCAD INC. WATER
SERVICE WORK FOR SERVICE AGREEMENTS 24154
April 15, 2024 54718 $ 1,176.93 SIMPLOT GROWER SOLUTIONS GENERAL, STREET (30)ROUNDUP POWERMAX 3(2.5G),(20)TREEVIX 10Z
April 15, 2024 54719 $ 306.49 LEAF GENERAL, WATER, SEWER (2)KYOCERA COPIER SYSTEMS MARCH 2024
April 15, 2024 54720 $ 828,783.04 MARKO CONSTRUCTION GROUP INC GENERAL JANUARY AND FEBRUARY 2024 POLICE DEPARMENT & COUNCIL

CHAMBERS CONSTRUTION
April 15, 2024 54721 $ 1,442.51 MID VALLEY DISPOSAL, INC REFUSE PUBLIC WORKS REFUSE SERVICE MARCH 1-15 2024
April 15, 2024 54722 $ 462.50 NEXUS ADMINISTRATORS, INC. GENERAL, WATER, SEWER QUARTERLY PENSION ADMIN BASE FEE DOC MAIN 2024
April 15, 2024 54723 $ 1,725.40 NORTHSTAR CHEMICAL WATER (500)SODIUM HYPOCHLORITE-12.5% MILL A
April 15, 2024 54724 $ 3,760.19 OFFICE DEPOT GENERAL, WATER, SEWER (1)TABS, MULTICOLOR, (1)7 SECTION,DESK,ORGANIZER, (1)FIRE WALL,(2)PAPER OD,(1)WIPES DISINF CRISP,
April 15, 2024 54725 $ 31.10 RENE PENA GENERAL
EXPENSE REIMBURSEMENT CANDY PURCHASE FOR PROP 64 BOOTH

MCCABE ELEMENTARY
April 15, 2024 54726 $ 26,162.71 PG&E GENERAL,WATER, SEWER WATER UTILITIES 02/09/2024-3/11/2024
April 15, 2024 54727 $ 2,623.98 PLATT ELETRIC SUPPLY STREET (1)KNI09.12.240 SBA LINEMANS(1)IMT 7DAY SWITCH, (500)THHN2BLK-STRCU 500FT(10)AWG POLARIS, (1)LGD RP-SAL-30W-50K-SF-GY-G2 April 15, 2024 54728 $ 14,209.00 PRICE PAIGE & COMPANY

GENERAL, WATER, SEWER,

STREET, REFUSE
PROF SERV. RENDERED AUDITED FINANCE JUNE 30,2024
April 15, 2024 54729 $ 353.69 RAMON'S TIRE & AUTO SERVICE GENERAL 2018 FORD:UNIT87(2)TIRE REPAIR INSIDE PATCH LF(PD),
UNIT#M82(1)TIRE INSTALL(1)PASSENGER LIGHT,
April 15, 2024 54730 $ 8,911.25 RRM DESIGN GROUP GENERAL, WATER, SEWER POLICE STATION & COUNCIL CHAMBERS DOC. MARCH 21
April 15, 2024 54731 $ 346.72 TRU TRAILERS, INC. GENERAL (4)LEAF SPRINGS (PARKS)
April 15, 2024 54732 $ 1,294.92 VERIZON WIRELESS GENERAL,WATER, SEWER CITYWIDE CELL SERVICE FOR 3/7/2024-4/09/2024
April 15, 2024 54733 $ 19,061.29 WANGER JONES PC ATTORNEY GENERAL LEGAL SERV RE:SPECIAL LEGAL SERVICE 2/15/2024, 748 LOLITA ST ABATEMENT 3/15/2024, PROF SERV:CITY ATTORNEY
April 15, 2024 54734 $ 66.96 WECO GENERAL,WATER, SEWER
RENT CYL ACETYLENE#4,OXYGEN D,OXYGEN K MARCH 2024
$ 1,556,038.67
1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: KEVIN W. SMITH, CHIEF OF POLICE
VIA: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: APPROVING THE PURCHASE OF ONE NEW 2024 CARGO TRAILER FROM THOMPSON

TRAILERS, AND UPFITTING COSTS FOR SERVICE AS A FUNCTIONAL MOBILE COMMAND

POST FOR THE MENDOTA POLICE DEPARTMENT
DATE: APRIL 23, 2024
ISSUE
Shall the City Council adopt Resolution No. 24-15, approving the purchase of one new 2024 cargo trailer from Thompson Trailers, and upfitting costs for service as a functional Mobile Command Post for the Mendota Police Department?

BACKGROUND
Since July 2023, staff has researched the purchase of a new Mobile Command Post for the Mendota Police Department (“MPD”). Currently the MPD does not own comparable equipment and is forced to borrow other agencies’ Mobile Command Posts for special operations such as DUI checkpoints.

ANALYSIS
Staff recommends purchasing one new 2024 cargo trailer from Thompson Trailers in Fresno.

The City’s Police Chief conducts ongoing evaluations and assessments of MPD equipment needs and has determined this equipment is required to adequately operate DUI Checkpoints within the City.

Staff requested proposals from three different suppliers. Each supplier responded, with Thompson Trailers being slightly more expensive than the other two vendors. Although Thompson Trailer was more expensive than the other suppliers, Thompson Trailers was able to meet the MPD’s needs and required specifications where the other vendors could not.

Thompson Trailers has agreed to a total price of $24,668.05 with tax and license fees.

FISCAL IMPACT
A total of $24,668.05 will be expended for the trailer. It should be noted that the purchase price is under budget and will be fully covered by a $25,000 grant award from the Office of Traffic Safety (“OTS”). This purchase price is 100% reimbursable through the OTS grant and there is no cost to the City.
2 RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 24-15, approving the purchase of one new 2024 cargo trailer from Thompson Trailers and upfitting costs for service as a functional Mobile Command Post for the Mendota Police Department.

Attachments:

1. Resolution No. 24-15

2. Exhibit “A” - Price quote from Thompson Trailers
1 BEFORE THE CITY COUNCIL
OF THE

CITY OF MENDOTA, COUNTY OF FRESNO
RESOLUTION NO. 24-15

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA APPROVING THE PURCHASE OF ONE NEW 2024 CARGO TRAILER FROM THOMPSON

TRAILERS, AND UPFITTING COSTS FOR SERVICE AS A FUNCTIONAL MOBILE

COMMAND POST FOR THE MENDOTA POLICE DEPARTMENT
WHEREAS, the Mendota Police Department (the “Department”) is charged with preserving health and safety in the City of Mendota by providing law enforcement services; and
WHEREAS, the Department does not own a Mobile Command Post for special operations; and
WHEREAS, the Department intends to purchase one twenty-four-foot cargo trailer to serve as a Mobile Command Post; and
WHEREAS, this equipment is essential for the Department’s DUI Checkpoint operations and major crime scene management; and
WHEREAS, the cost associated with this equipment is to be fully funded through the Office of Traffic Safety grant; and
WHEREAS, staff requested and received responsive proposals from three (3) different trailer suppliers; and
WHEREAS, although Thompson Trailers was the responsive supplier that proposed the highest price for this equipment, Thompson Trailers is the only local manufacturer able to meet the Department’s required needs and specifications when it comes to upfitting the trailer to serve as a Mobile Command Post.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mendota that the City Council approves the Department’s purchase of one new 2024 cargo trailer from Thompson Trailers, in the amounts set forth in Exhibit A hereto.

BE IT FURTHER RESOLVED that the City Council approves the payment of additional costs related to upfitting the trailer to allow it to serve as a functional Mobile Command Post for the Department, in the amounts set forth in Exhibit A hereto. ______________________________
Victor Martinez, Mayor
2 ATTEST:

I, Celeste Cabrera-Garcia, City Clerk of the City of Mendota, do hereby certify that the foregoing resolution was duly adopted and passed by the City Council at a regular meeting of said Council, held at the Mendota City Hall on the 23rd day of April, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk

EXHIBIT A
Date : 02/26/2024 Thompson Trailer Sales
$10,599.00
Standard Features
1 $0.00
2 $0.00
3 $0.00
4 $0.00
5 $0.00
6 $0.00
7 $0.00
8 $0.00
9 $0.00
10 $0.00
11 $0.00
1 $999.00
2 $648.00
3 $936.00
4 $2,250.00
5 $624.00
6 $624.00
7 $888.00
8 $592.00
9 $189.00
10 $97.00
11 $342.00
12 $448.00
13 $66.00
14 $75.00
15 $295.00
16 $1,750.00
17 $800.00
Sub Total $22,222.00
+ Doc Fee $70.00
+ Destination/Prep $475.00
$0.00
$1,901.05
$24,668.05
Deposit Required -$5,000.00
I commit to purchase above described Trailer & understand that Thompson Motor Sales will not be held responsible for changes in price, design or delays.

X______________________ Date:_________
* Fees Vary by buyers city and include Doc, Destination, Tax & DMV. Prices Subject to Change even after Deposit is paid. * Price is based on cash, check or debit. All other forms of payment must be arranged in advance and may cost extra. * Due to unpredictable materials costs prices are not guaranteed even with a signed purchase order. If we have to raise your price we will gladly refund your deposit. $1,075.00
$225.00
$176.00
$80.00
$88.00
$563.00
$398.00
$278.00
$97.00
$397.00
4581 E. Belmont Fresno, Ca 93702 (559)456-0228
“ Family Owned & Operated Since 1964 ” www.ThompsonTrailers.com Trailer Purchase Order
2024 Forest River / Cargo Mate “E-Series” 8.5x24' (standard 7,000 lb gvwr. Upgraded below.) .....................................

Std. LED Brake & LED Marker Lights ….............................................................................................................................

Std. Rear Ramp Door with BeaverTail ...............................................................................................................................

Std. 36” wide Side Entrance Door with Bar-Lock ................................................................................................................

Std. Screwed .030 thick Aluminum Exterior Panels (6 colors to choose from BLACK.) .........................................................

Std. 16” o.c. Steel Sidewall Frame Rails ..............................................................................................................................

Std. Tandem Dexter 4” Drop Spring Axles, 7000 lb gvwr w/ 4 Wheel Brakes (Approx 3200 lb payload capacity.) .....................................

Std. 3/4” Plywood Floor & 3/8” Plywood Sidewalls ............................................................................................................

Std. (2) Sidewall Air Vents or (1) Roof Vent ...........................................................................................................................

Std. 2 5/16” Coupler, Tongue Jack and (2) Safety Chains .........................................................................................................

Std. Choice of V-Nose ?? or Flat Front ?? , 16” Aluminum ATP Rock-Guard and Aluminum Trim …...........................

Std. 15” Radial Tires on Steel Powder Coated Gray Rims .......................................................................................................

Add-On Upgrade Options
Upgrade, to Tandem 5200 lb Dexter Axles (For 9950 lb gvwr) .........................................................................................

Upgrade, 6” Extra Height (For 7' tall inside height & 6'7” rear opening height (+/- 1”) ) .........................................................

Upgrade, Screwless Exterior Panels ................................................................................................................................

Upgrade, “L” Shaped Lower Cabinet with Straight Upper (White standard or choose black + $175.) ............................

Upgrade, White Vinyl Wall Liner (Mounted over standard 3/8” plywood.) ....................................................................

Upgrade, White Ceiling Liner .........................................................................................................................................

Upgrade, Marble Vinyl Floor Liner (Mounted over standard 3/4” plywood.) .......................................................................

Upgrade, Rubber “RTP” Ramp Liner (Mounted over standard 3/4” plywood. Or choose Aluminum ATP.) .......................

Upgrade, to Flushlock with Barlock & Piano Hinge on the 36”wide Side Door (Standard is barlock only.) ......................

Upgrade, to Triple Tube Tongue (Standard length. Or choose Extended Tongue + $75.) .........................................................

Upgrade, (6) 40” LED Flushmount Ceiling Lights (In lieu of std dome lights. Mount on ceiling-wall transition.) ...........................

Upgrade, (2) 18” LED Flood Lights (1 Centered above the ramp + 1 centered curbside.) ............................................................

Upgrade, (2) Wall Switches for LED Lights ( (1) next to side door for inside lights + (1) next to ramp.) ............................

Upgrade, to 24” Tall Polished Aluminum ATP Rock Guard on the Nose (Standard is 16”.) .......................................

Upgrade, 110v Electrical 30amp Panel Box (With 25' power-in cord.) ............................................................................

Upgrade, Roof Mounted A/C (13,500 btu. Or choose 15k btu for $325 more. Or choose Penguin for $550 more.) .............

Upgrade, Generator Box Pkg. (Sealed box (inside cabinet), vented 36”x24” door, CO sensor & mesh floor) ................................ + DMV (Exempt Plate.)
Buyer : Fresno ( FCLE ) c/o Kevin Smith + Tax (varies, 8.35% ?) Address : Fresno, Ca. 9 Total (out the door)
Phone : (559) 655 – 9122 E-Mail : [email protected]
Common Add-On Upgrades to Consider
Upgrade, to Spread Axle ................................................................................................................................................................................................

Upgrade, Spare Rim / Tire (Steel Rim with matching tire.) ......................................................................................................................................

Upgrade, add (4) Heavy Duty Recessed D-Rings ............................................................................................................................................................

Upgrade, add (4) Extra LED Clearance Lights (I like to light it up like a Christmas Tree, the more the better.) ..................................................

Upgrade, add a 12” Ramp Extension ............................................................................................................................................................................

Upgrade, 36” Tall Carpet Wanescotting (With Aluminum Trim.) ….........................................................................................................................

Upgrade, 12v Electric Tongue Jack with Light ...........................................................................................................................................................

Upgrade, 12v Battery (Mount under the cabinet against the c/s wall or tongue mount ??) ..........................................................................................

Upgrade, Roof Vent ( 14”x14” standard roof vent. ) …...............................................................................................................................................

Upgrade, 16”o.c. Floor Crossmember Spacing (Standard is 24” Floor with 16”oc Sidewalls.) .......................................................................... 1 BEFORE THE CITY COUNCIL
OF THE

CITY OF MENDOTA, COUNTY OF FRESNO
RESOLUTION NO. 24-16

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA APPROVING AMENDMENT NO. 4 TO THE COOPERATIVE AGREEMENT TO ESTABLISH

PROGRAM ELIGIBILITY AND FUNDING REQUIREMENTS BETWEEN THE CITY OF

MENDOTA, CITY OF REEDLEY, AND THE FRESNO COUNTY TRANSPORTATION

AUTHORITY FOR THE SUSTAINABLE AVIATION PROJECT
WHEREAS, on April 12, 2017, the City of Mendota, City of Reedley, and the Fresno County Transportation Authority (“FCTA”) (collectively, the “Parties”) entered into the Cooperative Agreement (the “Agreement”) to fund electric airplanes, charging stations, and hangars (the “Project”) as a part of the Measure C Regional Public Transit Program subprogram entitled “New Technology Reserve” (“NTR”), and WHEREAS, the purpose of the NTR subprogram was to finance research or to provide funding for implementation of projects intended to reduce traffic congestion, energy consumption, and air emissions resulting from less vehicular traffic and less surface street congestion; and, improve mobility in more densely developed areas by providing convenient and direct transit service; and

WHEREAS, in April 2018, the Parties approved Amendment No. 1 to the Agreement, allowing use of Project funds for temporary hangar rental until such time as permanent hangars could be constructed; and
WHEREAS, in October 2018, the Parties approved Amendment No. 2 to the Agreement allowing the transfer of $5,000 from the City of Mendota’s administrative funds to cover a portion of the legal costs associated with Federal Aviation Authority’s approval of the aircraft for commercial use; and

WHEREAS, in April 2019, the Parties approved Amendment No. 3 to the Agreement, extending the temporary hangar rental through June 20, 2019; and WHEREAS, the City of Mendota’s airport is no longer certified for flight operations; and
WHEREAS, the cities of Mendota and Reedley both want the Project to continue; and
WHEREAS, the City of Mendota is willing, at no cost to the FCTA or City of Reedley, to transfer ownership of its two (2) electric airplanes to the City of Reedley so it can continue the electric aviation training program; and 2 WHEREAS, the City of Reedley is willing to accept ownership of and responsibility for these two (2) electric airplanes; and WHEREAS, the Project has been able to realize savings in the amount of $114,975.82 through the Equipment/Infrastructure portion of the grant funds; and WHEREAS, the City of Reedley is requesting those remaining funds be reallocated to aircraft maintenance and operations; and WHEREAS, the City of Mendota will no longer need Project administration funds once transfer of ownership of the two (2) electric airplanes to the City of Reedley is complete; and
WHEREAS, additional administration funds will be required by the City of Reedley to manage the operation of all four (4) electric aircraft; and WHEREAS, the City of Mendota and FCTA wish to mutually terminate the Agreement at no further cost to the City of Mendota.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Mendota that the Amendment No. 4 to the to the Cooperative Agreement To Establish Program Eligibility And Funding Requirements between the City of Mendota, City of Reedley, and the Fresno County Transportation Authority for the Sustainable Aviation Project, attached hereto as Exhibit “A,” is hereby approved, and the City Manager is hereby authorized and directed to execute the same.
______________________________
Victor Martinez, Mayor
ATTEST:

I, Celeste Cabrera, City Clerk of the City of Mendota, do hereby certify that the foregoing resolution was duly adopted and passed by the City Council at a regular meeting of said Council, held at the Mendota City Hall on the 23rd day of April, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Celeste Cabrera, City Clerk

EXHIBIT A
1 AMENDMENT NO. 4 TO COOPERATIVE AGREEMENT

TO ESTABLISH PROGRAM ELIGIBILITY AND FUNDING

REQUIREMENTS
Regional Public Transit Program: New Technology Reserve Sub Program Grantee: City of Mendota and City of Reedley
Project: Sustainable Aviation
This Amendment No. 4 to the Program Eligibility and Funding Agreement (“Cooperative Agreement” or “Agreement”) is made and entered into on April 17, 2024, by and between the City of Mendota and the City of Reedley (hereinafter referenced collectively as “Grantee” or alternatively as “Partnering Agencies”), on the one hand, and the Fresno County Transportation Authority (“Authority”), on the other hand.

1. RECITALS

1.1 WHEREAS, on April 12, 2017, the Parties entered into the Cooperative Agreement for funding electric airplanes, charging stations and hangers as a part of the Measure C Regional Public Transit Program subprogram entitled “New Technology Reserve” (NTR), and
WHEREAS, the purpose of the NTR subprogram was to finance research or to provide funding for implementation of projects intended to reduce traffic congestion, energy consumption and air emissions resulting from less vehicular traffic and less surface street congestion; and, improve mobility in more densely developed areas by providing convenient and direct transit service; and

WHEREAS, on April 18, 2018, the Authority Board approved Amendment No. 1 to this Agreement, allowing use of Project funds for temporary hanger rental until such time as permanent hangers could be constructed; and, WHEREAS, on October 10, 2018, the Authority Board approved Amendment #2 to this agreement allowing transfer of $5,000 from City of Mendota’s Administrative Funds to cover a portion of the legal costs associated with Federal Aviation Authority approval of the aircraft for commercial use; and,

2 WHEREAS, on April 17, 2019, the Authority Board approved Amendment #3 to this agreement to extend the temporary Hanger rental through June 20, 2019; and,
WHEREAS, the City of Mendota’s airport is no longer certified for flight operations; and,
WHEREAS, the cities of Mendota and Reedley both desire the Electrical Aviation Project to continue; and,
WHEREAS, the City of Mendota is willing, at no cost to FCTA or Reedley, to transfer ownership of their two (2) electric airplanes to Reedley for continuation of the electric aviation training program; and;
WHEREAS, the City of Reedley is willing to accept ownership of these additional two (2) electric airplanes; and,
WHEREAS, the Project has been able to realize savings in the amount of $114,975.82 through the Equipment/Infrastructure portion of the Grant funds; and,
WHEREAS, the City of Reedley is requesting these remaining funds be reallocated to aircraft maintenance and operations; and, WHEREAS the City of Mendota will no longer need Project Administration funds once transfer or ownership is complete; and,
WHEREAS, additional Administration funds will be required by the City of Reedley to manage the operations of all four (4) electric aircraft; and, WHEREAS, Mendota and FCTA wish to Mutually Terminate this agreement.

NOW, THEREFORE, in consideration of the mutual promises and undertakings herein made and the mutual benefits to be derived therefrom, the parties hereto represent, covenant, and agree as follows:

1.2 Mendota and FCTA Mutually Agree to terminate this agreement consistent with Section 3.2.1 Termination by Mutual Consent, of the agreement. 3 1.3 Mendota releases all interest in two (2) electric airplanes, without compensation, to the City of Reedley.

1.4 Mendota releases all interest to any unspent Grant Administrative funds.

1.5 FCTA agrees to said transfer and waives any claims for compensation as outlined in Section 1.9 Subsequent Transfer of Title of the agreement

1.6 Reedley agrees to accept transfer of ownership of two electric airplanes without compensation.

1.7 Reedley is authorized to utilize the remaining balance of the Equipment/Infrastructure portion of the grant fund towards the aircraft maintenance and operation phase.

1.8 Reedley is entitled to remaining Administrative Funds reserved for the City of Mendota. Use of said funds must remain consistent with the terms and conditions as set for in the Original Agreement.

2. TERMS

2.1 The terms of the Cooperative Agreement, as previously modified by Amendments 1, 2, and 3 are hereby further amended to modify Section 1.9 Subsequent Transfer or Title, as follows:

Notwithstanding any inconsistent statement(s) contained in the Application, GRANTEE intends that ownership of the four (4) trainer airplanes to be supplied pursuant to this Agreement to be owned exclusively by the City of Reedley. In the event Reedley subsequently sells or for any reason transfers title and ownership of any of the four (4) trainer airplanes prior to the completion of the 10-year program described in GRANTEE’S Application, Reedley shall pay to AUTHORITY, if requested by AUTHORITY, either the proceeds of such sale or transfer, or an amount equal to the fair market value of the airplane(s) as the time of the sale or transfer, whichever is greater.

2.2 All other terms and conditions contained in the Cooperative Agreement, as previously modified by Amendment No. 1,2, and 3 are unaffected by this Amendment No. 4 and shall remain in full force and effect. 4 IN WITNESS WHEREOF, the undersigned parties have executed this Amendment No. 4 on the day and year first written above.

FRESNO COUNTY TRANSPORTATION AUTHORITY
ATTEST
By: By:
(Signature) (Signature)
Name: Ernest “Buddy” Mendes Name: Terry Ogle
(Typed) (Typed)
Title: Chairman of the Authority Title: Executive Director APPROVED AS TO LEGAL FORM: APPROVED AS TO ACCOUNTING
DANIEL C. CEDERBORG, FORM

COUNTY COUNSEL
By: By:
(Signature) (Signature)
Name: Alison H. Samarin Name: Oscar J. Garcia, CPA
Title: Principal Deputy County Counsel Title: Auditor Controller/Treasurer-Tax Collector 5 CITY OF MENDOTA
ATTEST
By By:
(Signature) (Signature)
Name Cristian Gonzalez Name:
(Typed)
Title City Manager Title:

APPROVED AS TO FORM
BY: _________________
6 CITY OF REEDLEY
ATTEST
By: By:
(Signature) (Signature)
Name: Nicole Zieba Name:
(Typed)
Title: City Manager Title:

APPROVED AS TO FORM
BY: _________________
1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: CELESTE CABRERA-GARCIA, CITY CLERK
VIA: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: APPROVING THE AGREEMENT WITH THE SUPERIOR COURT OF CALIFORNIA, COUNTY

OF FRESNO, FOR THE PROVISION OF AVAILABLE COURT CONNECTION AND

ELECTRONIC SUPPORT SERVICES
DATE: APRIL 23, 2024
ISSUE
Shall the City Council adopt Resolution No. 24-17, approving a new agreement with the Superior Court of California, County of Fresno for the provision of Available Court Connection and Electronic Support Services?

BACKGROUND
In 2020, the City of Mendota (“City”) entered into an agreement with the Superior Court of California County of Fresno (“Court”) for the provision of Available Court Connection and Electronic Support Services (“ACCESS”). ACCESS allows the Court and the City to provide remote traffic court services to Mendota residents and those from surrounding communities every Tuesday from 8:30am-12pm (excluding holidays and Court closures). Through ACCESS, a City staff member facilitates remote court proceedings at City Hall and Court staff provide assistance remotely. The Court compensates the City up to a certain amount for facilitating these services. Every year since the initial agreement, the City Council has considered and approved amendments to extend the term of ACCESS.

ANALYSIS
The existing agreement will expire on June 30, 2024. The proposed new agreement would become effective July 1, 2024, and would expire on June 30, 2028.

FISCAL IMPACT
There will be a maximum amount of $5,000 in revenue as a result of the City assisting with ACCESS.

RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 24-17, approving a new agreement with the Superior Court of California, County of Fresno for the provision of Available Court Connection and Electronic Support Services.

Attachments:

1. Resolution No. 24-17

2. Exhibit “A” - Agreement with Superior Court of California, County of Fresno 1 BEFORE THE CITY COUNCIL
OF THE

CITY OF MENDOTA, COUNTY OF FRESNO
RESOLUTION NO. 24-17

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA APPROVING

THE AGREEMENT WITH THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF

FRESNO, FOR THE PROVISION OF AVAILABLE COURT CONNECTION AND

ELECTRONIC SUPPORT SERVICES
WHEREAS, in January of 2020, the City Council of the City of Mendota (“City”) entered into an agreement (the “Agreement”) for the provision of Available Court Connection and Electronic Support Services (“ACCESS”) with the Superior Court of California, County of Fresno (“Court”); and
WHEREAS, since the inception of ACCESS, the City Council has annually approved amendments to the Agreement to extend the term of the Court’s partnership with the City and the existing Agreement is scheduled to expire on June 30, 2024; and WHEREAS, the Court desires to enter into a new Agreement (“New Agreement”) that will become effective July 1, 2024 and will expire on June 30, 2028; and WHEREAS, the City of Mendota’s residents and the community at large will be better served by approval of the New Agreement.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mendota, that the City of Mendota hereby approves the New Agreement with the Superior Court of California, County of Fresno, for the provision of Available Court Connection and Electronic Support Services, in substantially the form presented as Exhibit “A” to this Resolution.

BE IT FURTHER RESOLVED that the City Council of the City of Mendota hereby authorizes the City Manager to execute the New Agreement, and all other documents necessary to effectuate the same, subject to such reasonable modifications, revisions, additions, and deletions as he may approve prior to execution, said execution to provide conclusive evidence of such approval.

_____________________________
Victor Martinez, Mayor
2 ATTEST:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
Celeste Cabrera-Garcia, City Clerk

EXHIBIT A
SERVICES—SHORT FORM AGREEMENT rev Jan. 2022

AGREEMENT NUMBER
10-2023-MEND-O

1. In this agreement (the “Agreement”), the term “Contractor” refers to City of Mendota, and the term “Court” refers to the Superior Court of California, County of Fresno.

2. This Agreement becomes effective as of July 1, 2024, (the “Effective Date”) and expires on June 30, 2028.

3. The maximum amount that the Court may pay Contractor, per year, under this Agreement is $5,000.00 (the “Maximum Amount”).

4. This Agreement incorporates and the parties agree to the attached provisions labeled “Appendix A – Scope of Work” and “Appendix B – Agreement Terms.” This Agreement represents the parties’ entire understanding regarding its subject matter.

5. Contractor will perform the following services (the “Services”):

Services:

Description of
Services
Contractor will provide location and physical, non-electronic materials, per the Scope of Work (Appendix A) for the provision of ACCESS (Available Court Connection and Electronic Support Services). Please see Appendix A for details of Services.

6. The Court will pay Contractor as follows: Payment will follow receipt of a monthly invoice, pursuant to Section C of Appendix B, Agreement Terms.

COURT’S SIGNATURE CONTRACTOR’S SIGNATURE
Superior Court of California, County of Fresno
CONTRACTOR’S NAME (if Contractor is not an individual person, state whether Contractor is a corporation, partnership, etc.)
City of Mendota
BY (Authorized Signature)

BY (Authorized Signature)


PRINTED NAME AND TITLE OF PERSON SIGNING
Craig Downing, Assistant Court Executive Officer

PRINTED NAME AND TITLE OF PERSON SIGNING
Cristian Gonzalez, City Manager

DATE EXECUTED DATE EXECUTED

ADDRESS
Accounts Payable
1100 Van Ness Avenue, 8th Floor
Fresno CA 93724-0002

ADDRESS
City of Mendota
643 Quince Street
Mendota, CA 93640

APPENDIX A

SCOPE OF WORK
I. CONTRACTOR OBLIGATIONS

1. Contractor shall provide the ACCESS space, 24 chairs, tables, podiums and microphones at no cost to court. The provided space shall accommodate this furniture and the electronic equipment, as well as an appropriate number of members of the public, based on the size of the location, who are there to utilize the ACCESS.

2. Contractor shall provide an analog conference phone and two analog Telco (POTS) lines. It is acceptable for the two lines to be provided via VoIP ATA, VoIP VG, PBX or CENTREX as long as both lines have a direct inward dial (DID) number. The conference phone line is not required if a sound system, including microphone and speakers, is integrated within the ACCESS space, and is compatible with the videoconference session. A fax POTS line is optional.

3. Contractor shall provide Internet connectivity with enough guaranteed available bandwidth to support the videoconferencing service. Wired or stable high-speed wireless (Wi-Fi) connectivity is acceptable.

4. Contractor shall be responsible for maintaining the following necessary ACCESS equipment: a video display device appropriate for the size of the ACCESS space (either a wall-mounted television monitor up to 65” in size or an integrated overhead projector with a screen); two webcams or an integrated camera system; two speaker sets, one headphone/microphone or an integrated sound system with microphone; two computer systems, one of which is dedicated to the ACCESS feed, one with a minimum 17” monitor; and all necessary cables and adapters for the equipment.

5. Contractor shall be responsible for maintaining the following optional ACCESS equipment, if provided: a multi-functional device (printer, scanner and fax).

6. Service will be provided one day per week for4 hours.

7. Contractor shall provide onsite support for the program by providing a City of Mendota employee (“Onsite Representative”), to provide assistance to court customers as well as immediate technology troubleshooting. The Onsite Representative will be expected to provide the following assistance:

A. Opening and closing the location for ACCESS program participants.

B. Greeting participants and checking them in (completing an electronic sign-in sheet).

C. Directing participants to the electronic form TR-510 for those wanting same day hearings. This form must be completed and returned electronically to the court prior to the hearing.

D. Checking audio and visual equipment (this includes a joint microphone test with court staff.) E. Calling participants to the web camera & monitor for assistance from court staff.

F. Calling participants to the web camera & television for their hearings.

G. Playing an Advisement video.

H. Assisting the judicial officer and/or court staff with verification of documents as needed.

I. Directing participants to electronic sign-in sheets, forms, user surveys, or other documents, as directed by the judicial officer and/or court staff.

II. COURT OBLIGATIONS

1. Court shall be responsible for providing the following ACCESS equipment, unless an integrated videoconferencing system is already in place: a wall-mounted television monitor up to 65” in size, based on the size of the ACCESS space; two webcams; two speaker sets, one headphone/microphone; two computer systems, one of which will be dedicated to the ACCESS feed; one with a minimum 17” monitor; and all necessary cables and adapters for the equipment.

2. A multi-functional device (printer, scanner, and fax) may be provided at the court’s sole discretion.

3. Court shall provide training to the Onsite Representative as to the Onsite Representative’s duties in providing support to the court and court customers on court days, and how to operate the ACCESS equipment.

4. Court shall provide offsite technical support to trouble shoot problems on court days.

5. Court shall provide a stipend of $100 per week for the onsite staff services, as well as supplies such as tables, chairs, paper, printer ink, etc.

APPENDIX A

SCOPE OF WORK
III. OTHER

1. Project Managers. The court’s project manager is: Vidal Fernandez and the contractor’s project manager is: Cristian Gonzalez. Either party may change its project manager at any time upon notice to the other party without need for an amendment to this agreement.

2. Schedule Changes. The scheduled day of service or the number of service hours per day may be changed upon written approval by both project managers without need for an amendment to this agreement. Refer to Appendix B, Item D, for any other changes to this agreement.

APPENDIX B

AGREEMENT TERMS
A. PERFORMANCE AND DELIVERY. Contractor will perform the Services as specified on the coversheet of this Agreement. Time is of the essence in Contractor’s performance of the Services. The Maximum Amount listed on the coversheet of this Agreement includes all amounts allowed for expenses, including those related to shipping, handling, traveling, bonding, licensing, maintaining insurance, and obtaining permits.

B. ACCEPTANCE. All Services are subject to written acceptance by the Court. The Court may reject any Service that (i) fails to meet applicable acceptance criteria, (ii) is not as warranted, or (iii) is performed late.

Payment by the Court does not signify acceptance of the Services.

C. INVOICES, PAYMENT AND SETOFF. After the Court has accepted Services, Contractor will send one original, correct, itemized invoice for the accepted Services to “Accounts Payable” at “[email protected].” Contractor’s invoice will be on Contractor’s standard printed bill form, and each invoice will include at least (i) the Agreement number, (ii) a unique invoice number, (iii) Contractor’s name and address, (iv) the nature of the invoiced charge, (v) the total invoiced amount, and (vi) all other details the Court considers reasonably necessary to permit the Court to evaluate the Services performed, including the number of hours worked and the applicable hourly rate. If requested, Contractor will promptly correct any inaccuracy and resubmit the invoice. If the Court rejects any Services after payment to Contractor, the Court may exercise all contractual and other legal remedies, including (a) setting off the overpayment against future invoices payable by the Court, (b) setting off the overpayment against any other amount payable for the benefit of Contractor pursuant to this Agreement or otherwise, and (c) requiring Contractor to refund the overpayment within thirty (30) days of the Court’s request. Unless Contractor is a governmental entity, the Court will take no action on invoices submitted before Contractor has completed the Court’s standard payee data record form, which Contractor may obtain from the Court. Contractor must include with any request for reimbursement from the Court a certification that Contractor is not seeking reimbursement for costs incurred to assist, promote, or deter union organizing. If Contractor incurs costs, or makes expenditures to assist, promote or deter union organizing, Contractor will maintain records sufficient to show that no reimbursement from the Court was sought for these costs, and Contractor will provide those records to the Attorney General upon request.

D. CHANGES. Except for as noted in Appendix A, Scope of Work, Item (III), Contractor may not alter, add to, or otherwise modify this Agreement. Contractor’s additional or different terms and conditions are expressly excluded from this Agreement. This Agreement may be amended, supplemented, or otherwise modified only in writing and signed by the Court’s authorized representative.

E. AUDIT RIGHTS. Contractor agrees to maintain records relating to performance and billing by Contractor under this Agreement for a period of four years after final payment. During the time that Contractor is required to retain these records, Contractor will make them available to the Court, the State Auditor, or their representatives during normal business hours for inspection and copying.

F. INDEMNITY. CONTRACTOR WILL INDEMNIFY AND HOLD HARMLESS THE COURT, OTHER CALIFORNIA JUDICIAL

BRANCH ENTITIES, AND THEIR OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ALL CLAIMS, LOSSES, AND EXPENSES, INCLUDING ATTORNEYS’ FEES AND COSTS, THAT ARISE OUT OF (I) A DEFECT, WHETHER LATENT OR

PATENT, IN THE WORK PRODUCT, (II) AN ACT OR OMISSION OF CONTRACTOR, ITS AGENTS, EMPLOYEES,

INDEPENDENT CONTRACTORS, OR SUBCONTRACTORS IN THE PERFORMANCE OF THIS AGREEMENT, AND (III) A BREACH OF A REPRESENTATION, WARRANTY, OR OTHER PROVISION OF THIS AGREEMENT. THIS INDEMNITY APPLIES REGARDLESS OF THE THEORY OF LIABILITY ON WHICH A CLAIM IS MADE OR A LOSS OCCURS. THIS INDEMNITY WILL

SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT, ACCEPTANCE OF SERVICES, AND DELIVERY AND ACCEPTANCE OF WORK PRODUCT. THIS INDEMNITY DOES NOT COVER CLAIMS, LOSSES OR EXPENSES TO THE EXTENT THEY ARISE OUT OF THE GROSS NEGLIGENCE OF THE COURT.

G. TERMINATION. Either party may terminate all or part of this Agreement for convenience at any time by giving 30 days’ written notice to the other party.

H. INSURANCE. Contractor will maintain insurance that is sufficient in scope and amount to permit Contractor to pay in the ordinary course of business insurable claims, losses and expenses, including insurable claims, losses and expenses that arise out of Contractor’s performance of this Agreement. Contractor will maintain employer’s liability and workers’ compensation coverage at statutory levels covering all employees performing work under this Agreement.

I. REPRESENTATIONS. Contractor represents and warrants the following: (i) Contractor complies with all federal, state, city, and local laws, rules, and regulations, including the federal Americans with Disabilities Act of 1990, California’s Fair Employment and Housing Act, and Government Code16645-49; (ii) Contractor does not unlawfully discriminate against any employee or applicant for employment because of race, religion, color,

APPENDIX B

AGREEMENT TERMS
national origin, ancestry, disability (mental or physical, including HIV or AIDS), medical condition (including cancer or genetic characteristics), request for family and medical care leave, marital or domestic partner status, age (over 40), sex (including gender identity) or sexual orientation; (iii) Contractor does not engage in unlawful harassment, including sexual harassment, with respect to any persons with whom Contractor may interact in the performance of this Agreement; (iv) Contractor will take all reasonable steps to prevent unlawful harassment from occurring; (v) no more than one, final unappealable finding of contempt of court by a federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a federal court requiring Contractor to comply with an order of the National Labor Relations Board (this representation is made under penalty of perjury); (vi) Contractor has authority to enter into and perform its obligations under this Agreement; (vii) if Contractor is a corporation, limited liability company, or limited partnership and this Agreement will be performed in California, Contractor is qualified to do business and in good standing in California; and (viii) Contractor is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code (“PCC”) section 10286.1, and is eligible to contract with the Court. Contractor will take all action necessary to ensure that the representations in this section remain true during the performance of this Agreement through final payment by the Court. Contractor must give written notice of its nondiscrimination obligations under this section to labor organizations with which it has a collective bargaining or other agreement.

J. ANTITRUST. Contractor shall assign to the Court all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by Contractor for sale to the Court. Such assignment shall be made and become effective at the time the Court tenders final payment to Contractor. If the Court receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this section, Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the Court any portion of the recovery, including treble damages, attributable to overcharges that were paid by Contractor but were not paid by the Court as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Upon demand in writing by Contractor, the Court shall, within one year from such demand, reassign the cause of action assigned under this part if Contractor has been or may have been injured by the violation of law for which the cause of action arose and (a) the Court has not been injured thereby, or (b) the Court declines to file a court action for the cause of action.

K. MISCELLANEOUS. Contractor will maintain a system of accounting and internal controls that is sufficient to adhere to Generally Accepted Accounting Principles. Contractor is an independent contractor and Contractor will take all action available to Contractor to prevent Contractor, and its agents and employees, from being treated under the law as agents or employees of the Court. Contractor will not assign, subcontract or delegate its obligations under this Agreement without the prior written consent of the Court, and any attempted assignment, subcontract, or delegation is void. The terms and conditions of this Agreement apply to any assignee, subcontractor, trustee, successor, delegate or heir. California law, without regard to its choiceof-law provisions, governs this Agreement. In this Agreement, “including” means “including but not limited to.” The parties shall attempt in good faith to resolve informally and promptly any dispute that arises under this Agreement. Contractor irrevocably consents to personal jurisdiction in the courts of the State of California, and any legal action filed by Contractor in connection with a dispute under this Agreement must be filed in Fresno County, California, which will be the sole venue for any such action. If any part of this Agreement is held unenforceable, all other parts remain enforceable. All headings are for reference purposes only and do not affect the interpretation of this Agreement. A party’s waiver of enforcement of any of this Agreement’s terms or conditions will be effective only if it is in writing. A party’s specific waiver will not constitute a waiver by that party of any earlier, concurrent, or later breach or default. Contractor may not make a public announcement, or issue any press release or other writing, related to this Agreement, or the Services, without first obtaining the Court’s prior written approval, which may be denied for any or no reason.

L. COUNTERPARTS. This Agreement may be executed via electronic transaction (documents scanned and sent via email) and will have the same effect and validity as signed original counterparts. 1 BEFORE THE CITY COUNCIL
OF THE

CITY OF MENDOTA, COUNTY OF FRESNO
RESOLUTION NO. 24-18

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA APPROVING

THE ACCEPTANCE OF GRANT FUNDS FOR THE MENDOTA COMMUNITY

CENTER PROJECT
WHEREAS, the Legislature and Governor of the State of California have approved a grant for the Mendota Community Center Project (“Project”); and WHEREAS, the California Natural Resources Agency has been delegated responsibility for the administration of the grant project, setting up necessary procedures; and
WHEREAS, said procedures require the City of Mendota, as Grantee, to certify the approval of a Project Information Package by Resolution before submitting said package to the State; and
WHEREAS, Grantee will enter into an agreement with the State of California for the Project.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mendota hereby:

1. Approves the acceptance of a general fund allocation for local assistance for the Project above; and

2. Certifies that said agency understands the assurances and certification in the Project Information Form; and

3. Certifies that said agency will have sufficient funds to develop, operate, and maintain the Project consistent with the land tenure requirements of the Grant Agreement; or will secure the resources to do so; and

4. Certifies that said agency will comply with the provisions of Section 1771.5 of the California Labor Code.

5. If applicable, certifies that the Project will comply with any laws and regulations including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, disabled access laws, environmental laws, and, that prior to commencement of construction, all applicable licenses and permits will have been obtained.

6. Certifies that said agency has reviewed and understands the General Provisions contained in the sample Grant Agreement contained in the Procedural Guide; and

7. Appoints the City Manager, or their designee, as the City’s agent to conduct all negotiations, execute, and submit all documents including, but 2 not limited to the Project Information Form, agreements, payment requests, and so on, which may be necessary for the completion of the aforementioned Project.
______________________________
Victor Martinez, Mayor
ATTEST:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk
AMENDED IN ASSEMBLY MARCH 21, 2024
california legislature—2023–24 regular session
ASSEMBLY BILL No. 2661
Introduced by Assembly Member Soria
February 14, 2024
An act relating to water. An act to amend Section 454.57 of the Public Utilities Code, and to add Section 35574 to the Water Code, relating to electricity.
legislative counsel’s digest
AB 2661, as amended, Soria. Water: storage capacity. Electricity:
transmission facility planning: water districts.
(1) Existing law vests the Public Utilities Commission (PUC) with regulatory authority over public utilities. Existing law requires the PUC to adopt a process for each load-serving entity, as defined, to file an integrated resource plan and a schedule for periodic updates to the plan to ensure that it meets, among other things, the state’s targets for reducing emissions of greenhouse gases and the requirement to procure at least 60% of its electricity from eligible renewable energy resources by December 31, 2030. Under existing law, after the load-serving entities have updated the integrated resource plans pursuant to the schedule adopted by the PUC, the PUC adopted an aggregated resource portfolio known as the preferred system plan.

Existing law establishes an Independent System Operator (ISO) as a nonprofit public benefit corporation, and requires the ISO to ensure the efficient use and reliable operation of the electrical transmission grid consistent with the achievement of planning and operating reserve criteria, as specified. Existing law requires the PUC, in consultation with the State Energy Resources Conservation and Development

98 Commission, to provide, not later than March 31, 2024, transmission-focused guidance to the ISO about resource portfolios of expected future renewable energy resources and zero-carbon resources.

Existing law requires the guidance to include the allocation of those resources by region based on technical feasibility and commercial interest in each region.

This bill would require the PUC to evaluate the potential for 10,000 to 30,000 megawatts of solar electrical generation located in the Central Valley beyond the amount of solar electrical generation described in the most recently adopted preferred system plan as of January 1, 2025.

If the PUC determines that solar electrical generation to be cost effective, the bill would require the PUC to provide, no later than the March 31 immediately following that determination,
transmission-focused guidance to the ISO that includes the solar electrical generation in the resource portfolios of expected future renewable energy resources and zero-carbon resources.
(2) The California Water District Law provides for the establishment of water districts and authorizes a district to construct, maintain, and operate plants for the generation of hydroelectric energy and transmission lines for the conveyance of the hydroelectric energy.

This bill would authorize a water district to provide, generate, and deliver zero-emission electricity and to construct, operate, and maintain works, facilities, improvements, and property necessary or convenient for generating and delivering that electricity. The bill would require a district to use the electricity for the district’s own purposes, and the bill would authorize a district to sell surplus electricity to a public or private entity engaged in the distribution or sale of electricity. The bill would also authorize a district to construct, operate, and maintain energy storage systems and electric transmission lines, and to construct, operate, and maintain works, facilities, improvements, and property necessary or convenient for the operation of the energy storage system and electric transmission lines, within the boundaries of the district, as specified.

Under existing law, various programs provide funds for water projects and facilities, including water storage. Existing law requires the Department of Water Resources to operate the State Water Resources Development System, known as the State Water Project, to supply water to persons and entities in the state.

This bill would state the intent of the Legislature to enact subsequent legislation to increase statewide water storage capacity. 98 AB 2661 — 2 —
Vote: majority. Appropriation: no. Fiscal committee: no yes.

State-mandated local program: no.

The people of the State of California do enact as follows:
line 1 SECTION 1. Section 454.57 of the Public Utilities Code is line 2 amended to read:
line 3 454.57. (a)  This section shall be known, and may be cited, as line 4 the Accelerating Renewable Energy Delivery Act.
line 5 (b)  The Legislature finds and declares all of the following:
line 6 (1)  The commission, the Energy Commission, and the State Air line 7 Resources Board have jointly estimated that the state’s installed line 8 electric generation may need a threefold increase in capacity to line 9 meet state carbon-free electricity policy targets. line 10 (2)  Record-setting renewable energy generation build rates are line 11 needed to meet the goals of the California Renewables Portfolio line 12 Standard Program and the Senate Bill 100 (Chapter 312 of the line 13 Statutes of 2018) target of supplying 100 percent of retail sales of line 14 electricity from renewable energy resources and zero-carbon line 15 resources. However, these build rates are not achievable without line 16 additional electrical transmission lines and facilities connecting line 17 new resources to consumers in the state’s load centers. line 18 (3)  In recent years, California has seen problems in delivering line 19 renewable energy resources and zero-carbon resources to line 20 customers, including problems caused by constraints on the line 21 transmission system. First, there are generation pockets where the line 22 total potential output from renewable energy generation exceeds line 23 the capacity of the transmission system to export that energy. line 24 Second, there are load pockets where there is insufficient line 25 transmission capacity to import the renewable energy resources line 26 and zero-carbon resources that are available. Both types of line 27 constraints should be promptly fixed so that all available renewable line 28 energy resources and zero-carbon resources can be delivered to line 29 customers.
line 30 (4)  Reducing the use of nonpreferred resources in disadvantaged line 31 communities has been a priority for those communities, and they line 32 would benefit from increased access to electricity from new line 33 renewable energy resources and zero-carbon resources delivered line 34 to serve in-city loads.
98 — 3 — AB 2661
line 1 (5)  New transmission facilities have many steps that must be line 2 accomplished before they are online and delivering electricity. line 3 Major new transmission lines can take more than a decade from line 4 initial planning to operation.
line 5 (6)  New transmission facilities should be planned proactively line 6 to support delivery to load centers from expected locations for line 7 future renewable energy resource and zero-carbon resource line 8 development, where those locations are identified in the integrated line 9 resource planning process pursuant to Sections 454.52 and 9621 line 10 or as part of longer range planning processes pursuant to Section line 11 454.53.
line 12 (7)  The Central Valley may have the potential to host line 13 substantially increased amounts of solar energy generation and line 14 energy storage beyond current planning assumptions if there were line 15 sufficient transmission capacity to deliver the energy to load line 16 centers. The commission, Energy Commission, and Independent line 17 System Operator should consider potential increased development line 18 of solar energy generation and energy storage in the Central Valley line 19 and of the transmission capacity needed to deliver that energy to line 20 load centers.
line 21 (7)
line 22 (8)  New transmission facilities should be designed to minimize line 23 the risk of transmission-triggered wildfires.
line 24 (8)
line 25 (9)  New transmission facilities should be designed to facilitate line 26 renewable energy transmission across California to better manage line 27 the variability of electrical supply.
line 28 (9)
line 29 (10)  The Independent System Operator has issued a 20-Year line 30 Transmission Outlook that identifies substantial additional line 31 transmission projects needed to integrate renewable energy line 32 resources and storage for retail suppliers within the Independent line 33 System Operator balancing authority. Given the scale of this line 34 challenge, there is an urgent need to prioritize and accelerate the line 35 substantial effort needed to build transmission projects with long line 36 development times.
line 37 (c)  Recognizing that the Independent System Operator’s Federal line 38 Energy Regulatory Commission-approved tariff requires the line 39 Independent System Operator to plan and approve new line 40 transmission facilities needed to achieve the state’s goals, it is the 98 AB 2661 — 4 —
line 1 intent of the Legislature that the Independent System Operator line 2 shall take notice of the state policies expressed in this section. line 3 (d)  (1)  In support of the state’s policy to supply increasing line 4 amounts of electricity from renewable energy resources and line 5 zero-carbon resources pursuant to Article 16 (commencing with line 6 Section 399.11) and Section 454.53, beginning as soon as possible line 7 and not later than March 31, 2024, the commission, in consultation line 8 with the Energy Commission, shall provide transmission-focused line 9 guidance to the Independent System Operator about resource line 10 portfolios of expected future renewable energy resources and line 11 zero-carbon resources. The guidance shall include the allocation line 12 of those resources by region based on technical feasibility and line 13 commercial interest in each region to allow the Independent System line 14 Operator to identify and approve transmission facilities needed to line 15 interconnect resources and reliably serve the needs of load centers. line 16 (2)  (A)  For purposes of the next integrated resource plan cycle line 17 after January 1, 2025, the commission shall evaluate the potential line 18 for 10,000 to 30,000 megawatts of solar electrical generation line 19 located in the Central Valley, and facilitated by the authority line 20 granted to water districts pursuant to Section 35574 of the Water line 21 Code, beyond the amount of solar electrical generation described line 22 in the most recently adopted preferred system plan as of January line 23 1, 2025.
line 24 (B)  If the commission determines that the solar electrical line 25 generation described in subparagraph (A) would be cost effective, line 26 the commission, no later than the March 31 immediately following line 27 that determination, shall provide transmission-focused guidance line 28 to the Independent System Operator that includes the solar line 29 electrical generation described in subparagraph (A) in the resource line 30 portfolios of expected future renewable energy resources and line 31 zero-carbon resources. The commission shall coordinate the line 32 guidance with any master plan of a water district that would line 33 facilitate construction of transmission lines and facilities under line 34 the authority of the water district.
line 35 (e)  In providing the guidance described in subdivision (d), the line 36 commission and the Energy Commission shall provide projections line 37 each year, including from the integrated energy policy report line 38 prepared pursuant to Section 25302 of the Public Resources Code line 39 and the load-serving entities’ integrated resource plans prepared line 40 pursuant to Section 454.52, to support planning and approvals by 98 — 5 — AB 2661
line 1 the Independent System Operator in its annual transmission line 2 planning process, including by doing all of the following:
line 3 (1)  Providing projections of resource portfolios and electricity line 4 demand by region for at least 15 years into the future to ensure line 5 adequate lead time for the Independent System Operator to analyze line 6 and approve transmission development, and for the permitting and line 7 construction of the approved facilities, to meet the projections. line 8 (2)  Providing load growth projections, including projected line 9 growth from building and transportation electrification, that are line 10 consistent with achieving the economywide greenhouse gas line 11 emissions reductions required pursuant to Division 25.5 line 12 (commencing with Section 38500) of the Health and Safety Code. line 13 (3)  Providing projections of new renewable energy resources line 14 and zero-carbon resources consistent with the build rates necessary line 15 to achieve the targets established in Article 16 (commencing with line 16 Section 399.11) and Section 454.53.
line 17 (4)  (A)  Providing resource projections that, combined with line 18 transmission capacity expansions, are expected to substantially line 19 reduce, no later than 2035, the need to rely on nonpreferred line 20 resources in local capacity areas.
line 21 (B)  The resource projections in subparagraph (A) shall include line 22 consideration of cost-effective and feasible alternatives to line 23 transmission capacity expansions, including the use of energy line 24 storage resources, renewable energy resources, or zero-carbon line 25 resources that are located within the local capacity areas. line 26 (5)  Providing projections for offshore wind generation as line 27 identified by the SB 100 Joint Agency Report of the commission, line 28 the Energy Commission, and the State Air Resources Board, and line 29 informed by the strategic plan developed pursuant to Section 25991 line 30 of the Public Resources Code, to allow the Independent System line 31 Operator to identify and approve transmission facilities needed line 32 from offshore wind resource areas that would be sufficient to make line 33 offshore wind resources fully deliverable to load centers. line 34 (6)  Providing projections for increases in imports of electricity line 35 into the state that reflect the expected development of renewable line 36 energy resources and zero-carbon resources in other parts of the line 37 Western Interconnection for the purpose of delivering clean energy line 38 to California balancing authorities.
line 39 (f)  On or before January 15, 2023, the commission shall request line 40 the Independent System Operator to do both of the following:
98 AB 2661 — 6 —
line 1 (1)  Identify, based as much as possible on studies completed line 2 before January 1, 2023, by the Independent System Operator and line 3 projections provided before January 1, 2023, by the commission line 4 and the Energy Commission, the highest priority transmission line 5 facilities that are needed to allow for increased transmission line 6 capacity into local capacity areas to deliver renewable energy line 7 resources or zero-carbon resources that are expected to be line 8 developed by 2035 into those areas.
line 9 (2)  Consider whether to approve transmission projects identified line 10 pursuant to paragraph (1) as part of its 2022–23 transmission line 11 planning process.
line 12 (g)  It is the policy of the state that new transmission facilities line 13 be built on a timely basis and in anticipation of new electrical line 14 generation that will be built to meet the state’s renewable energy line 15 resource and zero-carbon resource targets, with interim targets for line 16 transmission capacity additions that demonstrate adequate progress line 17 toward meeting these long-term transmission needs. The line 18 commission shall request that the Independent System Operator line 19 implement this policy by approving transmission projects needed line 20 based on a longer planning period supported by the guidance line 21 provided pursuant to subdivisions (d) and (e). The projects should line 22 be approved in time to be online when needed, considering line 23 permitting and construction lead times.
line 24 (h)  It is the policy of the state that planning for new transmission line 25 facilities considers the following goals:
line 26 (1)  Minimizing the risk of wildfire.
line 27 (2)  Increasing systemwide reliability and cost efficiency, line 28 including through the sharing of diverse electrical generation line 29 resources within California and with other parts of the Western line 30 Interconnection.
line 31 (3)  Eliminating transmission constraints that prevent electrical line 32 generation resources from delivering to the wider grid and that line 33 prevent importing energy into load pockets.
line 34 (i)  For purposes of this section, the following definitions apply:
line 35 (1)  “Local capacity area” means a transmission constrained load line 36 pocket, as identified by the Independent System Operator, where line 37 local generation capacity is needed for reliability due to insufficient line 38 transmission capacity into the load pocket to meet electricity line 39 demand with electricity from outside of the load pocket. 98 — 7 — AB 2661
line 1 (2)  “Nonpreferred resources” means electrical generation line 2 resources that are not renewable energy resources or zero-carbon line 3 resources pursuant to Section 454.53.
line 4 SEC. 2. Section 35574 is added to the Water Code, to read:
line 5 35574. (a)  For purposes of this section, the following line 6 definitions apply:
line 7 (1)  “For its own purposes” means a district performing only line 8 functions within its capacity as a water district, including, but not line 9 be limited to, any of the following:
line 10 (A)  Pumping operations.
line 11 (B)  Water treatment operations.
line 12 (C)  Barrier intrusion operations.
line 13 (D)  Desalination operations.
line 14 (2)  “Zero-emission electricity” includes electricity generated line 15 by a hydroelectric generation facility, regardless of the capacity line 16 of the generation facility, or electricity from a renewable electrical line 17 generation facility, as that term is defined in Section 25741 of the line 18 Public Resources Code.
line 19 (b)  (1)  A district may provide, generate, and deliver line 20 zero-emission electricity, and may construct, operate, and maintain line 21 any and all works, facilities, improvements, and property, or line 22 portions thereof, necessary or convenient for generating and line 23 delivering that electricity.
line 24 (2)  An electric powerplant or transmission line constructed line 25 pursuant to this subdivision may be leased for operation. line 26 (3)  The electricity generated pursuant to this subdivision shall line 27 be used by a district for its own purposes. A district may sell line 28 surplus electricity to a public or private entity that is engaged in line 29 the distribution or sale of electricity.
line 30 (c)  A district may construct, operate, and maintain an energy line 31 storage system, and all works, facilities, improvements, and line 32 property, or portions thereof, necessary or convenient for the line 33 operation of an energy storage system, within the boundaries of line 34 the district, regardless of whether the energy storage system is line 35 interconnected to or directly charged by an electric powerplant line 36 constructed pursuant to subdivision (a). An energy storage system line 37 constructed pursuant to this subdivision may be leased for line 38 operation. A district may operate an energy storage system in a line 39 manner intended, as determined by the district, to increase the line 40 economic value of the energy storage system and the district is not 98 AB 2661 — 8 —
line 1 required to use the discharging energy for its own purposes. A line 2 district may purchase discharging energy through a market line 3 administered by the Independent System Operator or from a public line 4 or private entity that is engaged in the distribution or sale of line 5 electricity. A district may sell discharging energy and any attributes line 6 of the energy storage system through a market administered by line 7 the Independent System Operator or to any public or private entity line 8 that is engaged in the distribution or sale of electricity. line 9 (d)  A district may construct, operate, and maintain electrical line 10 transmission lines and all works, facilities, improvements, and line 11 property, or portions thereof, necessary or convenient for the line 12 conveyance of electricity within the boundaries of the district, line 13 regardless of whether the transmission lines are used for the line 14 purpose of conveying electricity from an electric powerplant line 15 constructed pursuant to subdivision (a). Transmission lines line 16 constructed pursuant to this subdivision may be leased for line 17 operation. A district may sell the rights to use transmission lines line 18 constructed pursuant to this subdivision to any public or private line 19 entity that is engaged in the distribution or sale of electricity. line 20 (e)  This section does not authorize a district to provide, sell, or line 21 deliver electricity at retail.
line 22 (f)  A district shall not acquire property employed in the line 23 generation or delivery of electricity for public or private utility line 24 purposes, except by mutual agreement between the district and line 25 the owner of that property.
line 26 SECTION 1. It is the intent of the Legislature to enact line 27 subsequent legislation to increase statewide water storage capacity.

O
98 — 9 — AB 2661
Valley Clean
Infrastructure Plan
Powering the San Joaquin Valley
and California Forward
The Valley Clean Infrastructure Plan (VCIP) is a development program proposed by Golden State Clean Energy, working with Westlands Water District, to repurpose up to 130,000 acres of drainage-impaired and other agricultural lands within the District for solar generation, energy storage, and electric transmission facilities. The projects developed under VCIP would have the power to significantly move California forward to achieve its 100% clean energy supply goal by the year 2045.

Project Status:

The Notice of Preparation was
released on February 2, 2024,
informing the relevant agencies
and the public that Westlands
intends to prepare a
Programmatic Environmental
Impact Report (PEIR). There are
public scoping meetings
scheduled for February 15
and February 28, 2024. Upon
certification of the final PEIR
and approval of the plan,
the VCIP is expected to have
a 10-year build.

Benefits of VCIP
What is the Valley Clean Infrastructure Plan?
The Valley Clean Infrastructure Plan aims to repurpose up to 130,000 acres of agricultural lands within the District, including lands that are drainage-impaired, impacted by the implementation of the Sustainable Groundwater Management Act (SGMA), or are regularly fallowed due to unreliable surface water supply for solar generation, storage, and transmission. Working with Westlands, VCIP projects would generate 20 GW of clean energy across the state. This means at full build-out, VCIP could provide up to one-sixth of California’s electricity requirements in 2035 and up to one-tenth of its requirements in 2050.1 To learn more about VCIP, visit ValleyCleanInfrastructurePlan.com Clean Energy
l Moves California significantly closer to achieving its clean energy goals by 2045. l Harnesses the sun to make renewable clean electricity to power the equivalent of nine million homes.

Water Management
l Concentrates available water supplies on the most productive farmland in today’s SGMA-era while offering landowners an agriculture-compatible land use opportunity.

Job Creation
l Anticipates creating about 3,000 full-time, good-paying jobs during construction for at least 10 years and 500 permanent jobs for Fresno County.

Economic Growth
l Diversifies and strengthens Fresno County’s economy by embracing both agriculture and clean energy industries
1 2035 demand forecast from the California Energy Commission 2022 Integrated Energy Policy Report and 2050 demand forecast from the May 2021, SB 100 Joint Agency Report.

City of Avenal
“Oasis in the Sun – Gateway to the Coast”
919 Skyline Blvd., Avenal, CA 93204 Phone: (559) 386-5766 Fax: (559) 386-0629 April 2, 2024
RE: Support for Assembly Bill 2661 (Soria)
Dear Assemblymember Esmeralda Soria,
As the Mayor of Avenal, I am reaching out to express our wholehearted support for Assembly Bill 2661, authored by Assemblymember Esmeralda Soria. This legislation is a beacon of hope for Avenal and the broader San Joaquin Valley, facilitating the repurposing of agricultural lands for clean energy development, a vital step given our critical water supply challenges.

Avenal, with its deep roots in agriculture, faces the economic challenges of reduced farming acreage due to water scarcity. Moreover, a significant portion of our residents are employed in the clean energy sector. AB 2661 not only offers a sustainable approach to water conservation for remaining agricultural lands but also promises to bolster our economy through enhanced clean energy development, securing more positive job opportunities for our community.

The Public Policy Institute of California has identified the San Joaquin Valley as capable of generating up to 30,000 megawatts of renewable energy, pending the establishment of new transmission infrastructure.

This bill is crucial for making such a vision feasible, enabling state water districts to undertake necessary transmission upgrades and thus unlock extensive solar energy and storage capacities.

By supporting AB 2661, we stand behind a multifaceted strategy that includes:
• Economic Revitalization: Generating jobs in the renewable sector, thereby providing a pathway for the economic rejuvenation of Avenal and the San Joaquin Valley. • Enhanced Water Supplies: Focusing water resources on the most productive farmlands, while offering sustainable land-use options to landowners.
• Renewable Energy Expansion: Establishing the groundwork for a significant increase in solar energy, aiding our transition to a sustainable energy portfolio. • Health and Social Equity Improvements: Improving air quality and public health, particularly benefiting communities disproportionately affected by pollution.

Assembly Bill 2661 is not merely legislation; it represents a critical investment in our community's future, promising a more sustainable, economically vibrant, and healthier San Joaquin Valley.

I appreciate your consideration of Avenal's support for AB 2661. Together, we can address our climate challenges head-on and pave the way for economic prosperity and job creation in the clean energy sector.

Sincerely,
Alvaro Preciado
Mayor
Email: [email protected]
Antony V. López, MPA
City Manager
Email: [email protected]
1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: JEFFREY O’NEAL, AICP, CITY PLANNER
BY: SARA ALLINDER, AICP, CONTRACT PLANNER
SUBJECT: AMENDING MENDOTA MUNICIPAL CODE TITLE 17 TO ADD AND MODIFY HOUSINGRELATED DEFINITIONS, PROCEDURES, AND REGULATED USES DATE: APRIL 23, 2024
ISSUE
Shall the City Council introduce and waive the first reading of Ordinance No. 24-02, amending Mendota Municipal Code Title 17 to add and modify housing-related definitions, procedures, and regulated uses?

BACKGROUND
In 2016, the City adopted the 2015-2023 Housing Element, which included an evaluation of the City of Mendota’s (“City”) regulations and practices, and recommended programs to demonstrate compliance with State-mandated requirements related to housing. Of these programs, Program 5 was developed and adopted with the intention of modifying the zoning ordinance to not only come into compliance with State law but to minimize governmental constraints for a variety of housing options, especially housing for special needs groups. The City is also in the process of updating its 6th Cycle Housing Element for the 2023-2031 planning period, which includes a similar program requiring amendments to the City’s zoning ordinance for compliance with recent State legislation.

As a result, the City has initiated a Zoning Text Amendment (“ZTA”) to Title 17 of the City’s Municipal Code. This ZTA proposes to make the necessary modifications to implement the Housing Element, in addition to accommodating other housing-related regulations that have taken effect over the last several years. Accordingly, the Planning Commission is asked to review the proposed changes to Title 17 of the Mendota Municipal Code and make a recommendation to the City Council.

On April 3, 2024, the City of Mendota Planning Commission unanimously approved Resolution No. PC 24-02 recommending that the City Council approve an ordinance containing the amendments prescribed under the ZTA.

ANALYSIS
The proposed ZTA would add or clarify procedures, definitions, and use regulations for housingrelated uses in zones that allow for residential uses. The amendments proposed under the ZTA comply with State housing laws designed to reduce the amount of subjectivity and discretion that agencies, including the City, can impose on certain housing developments. A summary of the types of amendments reflected in the ZTA, included as Exhibit “A” to the attached Ordinance No. 24- 02, follows.
2 Procedures. The following procedures have been updated or added to the zoning ordinance. Each of these procedures are required for compliance with specific State legislation. • Accessory Dwelling Units
• Affordable Housing Density Bonus
• Reasonable Accommodations
• Streamlined Ministerial Multifamily Processing (Senate Bill 35) • Preliminary Applications for Housing Development Projects Definitions. The following definitions have been added or amended to the zoning ordinance for consistency with State mandated requirements.
• Accessory Dwelling Units
• Emergency Shelters
• Family
• Group Homes, Small and Large
• Lot Area
• Low Barrier Navigation Centers
• Residential Care Facilities
• Single Room Occupancy
Allowed Uses. The following uses have been added as permitted or conditionally permitted uses within the noted zone districts.
• Permitted uses in Open Space and Recreation District (O) o Farmworker Housing
• Permitted uses in Residential Districts (R-A, R-1-A, R-1, R-2, R-3, R-3-A, MHP) o Accessory Dwelling Units
o Residential Care Facilities
o Transitional Housing
o Supportive Housing
o Mobile homes within MHP only
• Conditionally Permitted uses in Residential Districts (R-A, R-1-A, R-1, R-2, R-3, R-3-A) o Mobile Home Parks
• Permitted uses in the Central Business and Shopping District (C-3) o Single Room Occupancy
o Low Barrier Navigation Centers
o Emergency Shelters
o Accessory Dwelling Units
o Transitional and Supportive Housing
Development Standards. Modifications to the following development standards are proposed to be consistent with State law for regulating parking and the manner in which design standards may be applied to mobile or manufactured homes.
• Parking for Emergency Shelters
• Architectural Standards in R-1 and R-1-A Districts
3 ENVIRONMENTAL
The first step in complying with the California Environmental Quality Act (CEQA) is to determine whether the activity in question constitutes a “project” as defined by CEQA (Public Resources Code Section 21000, et seq.) and the CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3, Section 15000, et seq.). A “project” consists of the whole of an action (i.e., not the individual pieces or components) that may have a direct or reasonably foreseeable indirect effect on the environment. The second step is to determine whether the project is subject to or exempt from the statute. This proposal qualifies as a project under CEQA because it involves an amendment to the zoning ordinance as described in CEQA Guidelines Section 15378(a)(1).

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

PUBLIC NOTICE
Notice of this public hearing was published in the April 12, 2024 edition of The Business Journal and was also posted at City Hall and the City’s website.

FISCAL IMPACT
The City of Mendota was awarded an SB 2 Planning Grant through the Department of Housing and Community Development for the preparation of the ZTA documents. Staff and consultant time related to the ZTA is being funded by this Planning Grant with no direct fiscal impact to the City’s general fund. The ZTA may assist in the development of housing affordable to the residents of Mendota and allow the City to continue to pursue funding sources that require a compliant Housing Element.

RECOMMENDATION
Staff recommends that the City Council introduce and waive the first reading of Ordinance No. 24-02, amending Title 17 of the Mendota Municipal Code as described herein.

Attachment:

1. Ordinance No. 24-02, including proposed ordinance language as Exhibit “A” 1 BEFORE THE CITY COUNCIL
OF THE

CITY OF MENDOTA, COUNTY OF FRESNO
ORDINANCE NO. 24-02

AN ORDINANCE OF THE COUNCIL OF THE CITY OF MENDOTA AMENDING TITLE 17 OF THE MENDOTA MUNICIPAL CODE TO ADD AND MODIFY HOUSING

RELATED DEFINITIONS, PROCEDURES, AND REGULATED USES
WHEREAS, pursuant to the authority granted to the City of Mendota (“City”) by Article XI, Section 7 of the California Constitution, the City has the police power to adopt regulations designed to promote the public health, the public morals, or public safety; and WHEREAS, comprehensive zoning regulations and regulations upon the use of land and property lie within the City’s police power; and WHEREAS, since 1969, with passage of the California Housing Element Law, all cities and counties within the State are required to provide detailed planning efforts to meet local housing needs in the form of a housing element of a general plan; and WHEREAS, in 1971 legislation was added to the California Housing Element Law requiring localities to follow guidelines for preparing housing elements set by the California Department of Housing and Community Development (HCD); and WHEREAS, HCD requires that localities develop and implement programs via the housing element to meet the housing goals of the State and affirmatively further fair housing practices within localities; and
WHEREAS, in 2016, the City of Mendota adopted its 5th Cycle Housing Element (2015-2023), which included an evaluation of the City’s regulations and practices, and recommended programs to demonstrate compliance with State-mandated requirements related to housing; and
WHEREAS, Program 5 of the City’s 5th Cycle Housing Element was developed and adopted with the intention of modifying the zoning ordinance to not only come into compliance with State law but to minimize governmental constraints for a variety of housing options, especially housing for special needs groups; and WHEREAS, the proposed amendments to Title 17 of the Mendota Municipal Code will have a positive impact on the City, help the City reach its housing goals set by the State, and would help to affirmatively further fair housing within the City.

NOW THEREFORE, the City Council of the City of Mendota does ordain as follows:
2 SECTION 1. Title 17 of the Mendota Municipal Code is hereby amended to read as contained in Exhibit A, attached hereto.

SECTION 2. The City Council finds the approval of this ordinance is not subject to the California Environmental Quality Act, Public Resources Code, Section 21000, et seq. (“CEQA”), pursuant to Section 15060(c)(2) of the CEQA Guidelines, on the ground that the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment, and Section 15060(c)(3) of the CEQA Guidelines, on the ground that the activity is not a project as defined in Section 15378 of the CEQA Guidelines, because it has no potential for resulting in physical change to the environment, directly or indirectly.

Alternatively, the City Council finds the approval of this ordinance is not a project under Section 15061(b)(3) of the CEQA Guidelines because it has no potential for causing a significant effect on the environment.

SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is held for any reason to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council of the City of Mendota hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

SECTION 4. The Mayor shall sign and the City Clerk shall certify to the passage of this Ordinance and will see that it is published and posted in the manner required by law.

SECTION 5. This ordinance shall become effective and in full force at 12:00 midnight on the 31st day following its adoption.
3 * * * * * * * * * *
The foregoing ordinance was introduced on the 23rd day of April, 2024, and duly passed and adopted by the City Council of the City of Mendota at a regular meeting thereof held on the 14th day of May, 2024, and its amendments are made retroactively effective as of the effective date of Ordinance No. 24-02, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________
Victor Martinez, Mayor
ATTEST:
__________________________
Celeste Cabrera-Garcia, City Clerk
APPROVED AS TO FORM:
__________________________
John Kinsey, City Attorney

EXHIBIT A
Mendota, California, Code of Ordinances
Title 17 ZONING
Mendota, California, Code of Ordinances Created: 2023-08-15 15:51:13 [EST] (Supp. No. 23)

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Title 17
ZONING
Chapters:

Chapter 17.04 GENERAL PROVISIONS AND DEFINITIONS

17.04.010 Title adoption.

There is adopted and codified in this title a zoning ordinance for the city of Mendota, state of California, said zoning ordinance establishing regulations pertaining to uses of land and uses, locations, height, bulk, size and types of buildings in certain districts of the city, specifying said districts; providing for the administration and enforcement of such regulations and prescribing penalties for violations thereof. (Prior code § 13.01.001)

17.04.020 Purposes of title.

The zoning ordinance codified in this title is enacted to preserve and promote the public health, safety and welfare of the city and of the public generally and to facilitate development and expansion of the municipality in a precise and orderly manner. More specifically, the zoning ordinance is adopted in order to achieve the following objectives:

A. To foster a workable, stable and beneficial relationship among land uses, so as to achieve progressively the arrangement depicted on the general plan;
B. To promote the stability of existing land uses which conform to the district in which they occur; C. To ensure that public and private lands ultimately are used for the purposes which are most appropriate and most beneficial from the standpoint of the city at large; D. To prevent excessive population densities and overcrowding of the land with structures; E. To promote a safe, effective traffic circulation system and the provision of adequate off-street parking and truck loading facilities;
F. To facilitate the appropriate location of community facilities and institutions; G. To coordinate policies and regulations of the city relating to the use of land with such policies and regulations of the county of Fresno in order to facilitate transition from county to municipal jurisdiction;
H. To protect agricultural producers in areas of planned urban expansion. (Prior code § 13.01.002)
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17.04.030 Components of the zoning ordinance.

This zoning ordinance shall consist of a zoning map designating certain districts and these regulations, controlling the uses of land, the density of population, the uses and locations of structures, the height and bulk of structures, the open spaces about structures, the screening and landscaping of certain uses and structures, the areas and dimensions of sites and the provision of off-street parking and loading facilities.

A. The zoning map on file with the city clerk is made a part of this title by reference with the same force and effect as if the boundaries, notations, references and information shown on said map were specifically described in this title.

B. In order that zoning regulations be applied, all property in the city shall be considered to be classified in one of the districts established in this title, as approximately depicted on the official zoning map. (Prior code § 13.01.003)

17.04.040 Establishment of zoning districts.

The districts established by the zoning ordinance and depicted on the zoning map are hereby designated as follows:

O — Open space and recreation district;
R-A — Single-family residential/agricultural district;
R-1-A — Single-family/low density residential district. Minimum twelve thousand (12,000) square feet per lot;
R-1 — Single-family/medium density residential district. Minimum six thousand (6,000) square feet per lot;
R-2 — Medium/high density residential district. Minimum three thousand (3,000) square feet; R-3 — High density multiple family residential district. Minimum one thousand five hundred (1,500) square feet lot area per dwelling unit;
R-3-A — High density multiple family residential district — one story. Minimum one thousand five hundred (1,500) square feet lot area per dwelling unit; MHP — Mobilehome park district;
C-1 — Neighborhood shopping center district;
C-2 — Community shopping center district;
C-3 — Central business and shopping district;
S-C — Special commercial district;
M-1 — Light manufacturing district;
M-2 — Heavy manufacturing district;
P — Off-street parking district;
A-D — Airport development district;
UR — Urban reserve district;
P-F— Public facilities district;
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PUD— Planned unit development district.
(Prior code § 13.01.004)

17.04.050 Determination of district boundaries.

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

A. Where a boundary is indicated as a street, alley, railroad right-of-way, canal or other watercourse, the center line of such shall be considered to be the boundary line. In the event of abandonment, the property shall immediately become classified in the same district as the property adjoining the former street, alley, railroad right-of-way, canal or watercourse.

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

C. Where neither subsection A or B of this section applies, the boundary line shall be determined by the use of the scale designated on the zoning map.

D. If further uncertainty exists, the planning commission, upon written request or on its own motion, shall determine the location of the boundary in question.
(Prior code § 13.01.005)

17.04.060 Changes of district boundaries due to annexation.

A. Where property annexed to the city was previously in a particular zoning district of the county of Fresno, it may be retained in the similar city classification if such district is also provided for by this title.

B. Where property annexed to the city has been classified by the city pursuant to prezoning provisions, such prezoning classification shall become effective at the same time that the annexation becomes effective. The method of accomplishing prezoning (determining the zoning that will apply to such property in the event of subsequent annexation to the city) shall be the same as that for the zoning of property within the city as provided by this title. Prezoning shall be recorded on the official zoning map in the same manner as zoning amendments but shall be identified by the use of parentheses enclosing the district symbols.

C. Where property annexed to the city was not prezoned by the city nor classified in a county of Fresno zoning district which is also provided by this title, it shall be classified in the O district (open space and recreation district) until otherwise zoned pursuant to the amendment procedures prescribed in Chapter 17.08 of this code.
(Prior code § 13.01.006)

17.04.070 Amendments to zoning map.

Amendment to the zoning map shall be adopted in the manner provided for changing district boundaries as prescribed in Chapter 17.08 of this code. Amendments shall be recorded on the official zoning map in the office of the city clerk and identified by a number corresponding to the ordinance adopting the amendment. (Prior code § 13.01.007)
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17.04.080 Application of title.

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

A. Public streets and alleys;
B. Underground utility lines and facilities;
C. Underground and overhead communication lines;
D. Overhead electric distribution and transmission lines, not to include transmission and distribution substations;
E. Railroad rights-of-way.
(Prior code § 13.01.008)

17.04.090 Interpretation of title.

A. In their interpretation and application, the provisions of this title shall be held to be minimum requirements.

B. Interpretations.

1. Authority to Interpret. Where uncertainty exists regarding the interpretation of any provision of this Title or its application to a specific site, the city planner shall have the authority and responsibility to interpret such terms, provisions, and requirements.

2. Record of Interpretation. Code interpretations shall be made in writing and shall state the facts upon which the city planner relied to make the determination. The Department shall keep a record of interpretations made pursuant to this section on file for future reference.

3. Applicability of Interpretation. Code interpretations shall be applied in all future cases, provided that any interpretation may be superseded by a later interpretation when the city planner determines that the earlier interpretation was in error or no longer applicable under the current circumstances.

4. Right to Appeal. A code interpretation by the city planner may be appealed to the Planning Commission as provided in section 17.08.050(H)(4).

BC. No provision of this title is intended to abrogate, repeal, annul or interfere with any existing ordinance of the city, except as specifically stated herein, or deed restriction, covenant, easement or other agreement between parties, provided that where this title imposes greater restrictions or regulations, this title shall control.

CD. Except as otherwise provided in this title, these regulations shall be considered a continuance of Ordinance 180 as amended.
(Prior code § 13.01.009)
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17.04.100 Effect of regulations.

A. All valid special use permits and valid variances heretofore issued pursuant to the provisions of Ordinance 180 shall continue in effect until otherwise revoked or terminated and shall be subject to all conditions governing the same and also subject to the provisions relating to such similar permits as set forth in this title.

B. Any use or structure existing in violation of said ordinance or any nonconforming use or structure which is also a violation or nonconforming use or structure by the provisions of this title, shall be deemed a continuing violation or nonconforming situation.

C. Any structure or part thereof erected, altered or moved into any district, on any site, lot or property shall be used only for the purposes and in the manner intended as permitted or conditional, and all structures or sites, or any portion thereof, shall be developed or maintained only in complete conformity to the area, frontage, width, coverage, yard, height, separation, parking and other property development standards hereinafter designated for the district in which such structure or site is located.

D. Contiguous properties may be combined and used as a single site or property and may be subdivided or split into separate sites provided that the parcels resultant from the combination or division are equal to or exceed the requirements of this title.
(Prior code § 13.01.010)

17.04.110 Definitions.

A. Construction and Terminology. The following rules of construction shall apply unless inconsistent with the plain meaning of the context of this title.

1. Words used in the present tense include the future tense.

2. Words used in the singular include the plural, and words used in the plural include the singular.

3. The word "shall" is mandatory; the word "may" is permissive.

4. The word "used" includes the words "arranged for, designed for, occupied or intended to be occupied for."
B. General Terminology.

1. The word "assessor" means the county assessor of the county of Fresno.

2. The word "building" means and includes the word "structure."

3. The word "city" means the city of Mendota.

4. The word "commission" means the planning commission of the city.

5. The words "council" or "city council" mean the city council of the city.

6. The word "county" means the county of Fresno.

7. The words "county recorder" mean the county recorder of the county of Fresno.

8. The word "federal" means the government of the United States.

9. The words "planning official" mean and refer to the planning director or planning consultant. If there is no planning director or consultant, it shall refer to the city manager, building official, city clerk or other employee of the city designated by the commission to act in the capacity of planning official.

10. The word "state" means the state of California.

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11. The words "zone map" mean the official zone map of the city which is a part of the comprehensive zoning ordinance of the city.

12. The words "zoning ordinance" or "ordinance" mean the comprehensive zoning ordinance of the city.

13. The words "special permit," when used in reference to a procedure provided in this zoning ordinance, mean a conditional use permit, site plan approval or variance, as the case may be.

C. Specific Definitions. Certain words are defined below to clarify their use for the purposes of this title. Where a definition is not supplied or where a question of interpretation is raised, the definition shall be the normal meaning of the word within the context of its use, or as clarified by the planning commission. "Abut" means as follows: two adjoining parcels of property, with a common property line, are considered in this title as one parcel abutting the other, except where two or more lots adjoin only at a corner or corners, they shall not be considered as abutting unless the common property line between the two parcels measures not less than eight feet in a single direction.
"Access or access way" means the place, means or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this zoning ordinance. "Accessory building" means a building or structure which is subordinate to, and the use of which is customarily incidental to that of the main building, structure or use on the same lot. Except in the case of garden structures, if an accessory building is attached to the main building by a common wall or a connecting roof, such accessory building shall be deemed to be a part of the main building. “Accessory dwelling unit” means an attached or a detached dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the primary dwelling unit is situated. An accessory dwelling unit also includes an efficiency unit, as defined in California Health and Safety Code Section 17958.1, and a manufactured home, as defined in California Health and Safety Code Section 18007. "Accessory living quarters" means living quarters within an accessory building located on the same premises with the main building, for use by temporary guests of the occupant of the premises, such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling unit. "Accessory use," "accessory building," or "accessory structure" means a use, building, or structure that is incidental, related, appropriate, and clearly subordinate to, and which does not alter, the principal use of the subject lot.
"Acre" means a full acre containing forty-three thousand five hundred sixty (43,560) square feet of area within property lines of a lot or parcel.
"Adjacent" means near, close or abutting; for example, an industrial district across the street or highway from a residential district shall be considered as adjacent. "Advertising structure" means any notice or advertisement, pictorial or otherwise and all such structures used as an outdoor display, regardless of size and shape, for the purposes of making anything known, the origin or place of sale of which is not on the property with such advertising structure. "Alley" means any dedicated way intended for vehicular service to the rear or side of property served by a street. Buildings facing an alley shall not be construed as satisfying the requirements of this title related to frontage on a dedicated street.
"Alter" means to make any change in the supporting or load-bearing members of a building, such as bearing walls, columns, beams, girders or floor joists, which will prolong the life of the structure. "Amendment" means a change in the wording, context or substance of this title, and addition or deletion or a change in the zone district boundaries or classifications upon the zoning map.

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"Apartment dwelling, three-family or triplex" means a building containing not more than three kitchens, designed and/or used to house not more than three families, living independently of each other, including all necessary domestic household employees of each such family. "Apartment hotel" means a multiple dwelling which, in addition to dwelling units, has one or more guest rooms.
"Auto accessory parts (new) retail sales means and includes the sale of differential and transmission assemblies, engine blocks or heads and similar hard parts, radiators, tires and wheels, and tail pipes and mufflers.

There shall be no machine work or repairs or installation of merchandise permitted on the premises, nor shall there be a service garage or automobile service of any kind. "Automobile service station" means an occupancy which provides for the servicing of motor vehicles and operations incidental thereto and limited to:

1. Retail sale of gasoline, oil, tires, batteries and new accessories;

2. Automobile washing, not including mechanical car wash or steam cleaning;

3. Incidental washing and polishing;

4. Tire changing and repairing (but not including recapping);

5. Battery service, charging and replacement but not including repair or rebuilding;

6. Radiator cleaning and flushing, but not including repair or steam cleaning;

7. Installation of minor accessories;

8. The following aspirations if conducted wholly within an enclosed building:
a. Lubrication of motor vehicles,
b. Brake adjustment, replacement of brake cylinders and brake fluid lines, c. The testing, adjustment and replacement of carburetors, coils, condensers, distributor caps, fan belts, generators, points, rotors, spark plugs, voltage regulators, fuel pumps, water hoses or wheel balancing.
"Automobile wrecking yard" means a site or portions of a site on which the dismantling or wrecking of used vehicles or the storage, sale or dumping of dismantled or wrecked vehicles or their parts is conducted. The presence on a site of three or more motor vehicles which have not been capable of operating normally for thirty (30) days or more shall constitute prima facie evidence of a motor vehicle wrecking yard. "Bakery, retail" means establishments primarily engaged in the retail sale of bakery products such as bread, cakes and pies and which produce some or all of the products on the premises. "Bar" means any business at which alcoholic beverages are consumed on site including establishments serving food as well as alcoholic beverages. Any business which is by this definition a bar is also a commercial use. "Basement" means a space wholly or partly underground, and having more than one-half of its height, measuring from its floor to its ceiling, below the average adjoining finished grade; if the finished floor level directly above a basement is more than six feet above finished grade at any point, such space shall be considered a story. "Bicycle shop" means a business devoted to retail sales, service or repair of bicycles which are not powered by any type of mechanical device.
"Billboard" means the same as an "advertising structure." "Block" means properties abutting one side of a street and lying between the two nearest intersecting or intercepting streets and railroad right-of-way, unsubdivided land or watercourse.

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"Boarding or rooming house" means the rental or leasing of space within a residential building for sleeping and/or other lodging purposes, to three or more persons:

1. Each of whom pays compensation independent of the payment of compensation by the other paying occupant(s) of the premises; and

2. The paying occupants of the premises share the use of common areas, including one or more of the following: living room(s), bedroom(s), hallway(s), kitchen area(s), bathroom(s) and exterior entrance(s).

Boarding or rooming houses do not include rest homes.
"Breezeway" means a roofed passageway, open on at least two sides where the roof is structurally integrated with the structure of the main building. A fence or wall not exceeding six feet in height may be permitted on one side of said breezeway.
"Building" means a permanently located structure, having a roof, for the housing or enclosure of persons, chattels or property of any kind. House trailers and other vehicles, unless permanently immobilized and on permanent foundation, shall not be deemed to be buildings. "Building, area of" means the sum in square feet of the ground areas occupied by all buildings and structures on a lot.
"Building, height of" means the vertical distance measured from the adjoining curb level to the highest point of the structure, exclusive of chimneys and ventilators; provided, however, that where buildings are set back from the street line, the height shall be measured from the average elevation of the finished grade at the front of the building.
"Building, main" means a building within which is conducted the principal use permitted on the lot or site as provided by this title.
"Building, setback line" means the minimum distance as prescribed by this title between any property line and the closest point of the foundation of any building or structure related thereto. "Building site" means a lot or parcel of land, in single or joint ownership, occupied or to be occupied by a main building and accessory buildings or by a dwelling group and its accessory buildings, together with such open space as is required by the terms of this title, and having its principal frontage on a street, road, highway or waterway.
"Business, retail" means the retail sale of any article, substance or commodity for profit or livelihood, conducted within a building, but not including the sale of lumber or other building materials or the sale of used or secondhand goods or materials of any kind.
"Business, wholesale" means the wholesale handling of any article, substance or commodity for profit or livelihood, but not including the handling of lumber or other building materials or the open storage or sale of any material or commodity, and not including the processing or manufacture of any product or substance. "Caretaker's residence" means a single-family residence on the same property with, or an abutting property owned by the owner of, a commercial or manufacturing use which residence is occupied by one or more persons charged with care or protection of facilities used in such commercial or manufacturing use, and which residence is provided to the occupant as compensation for such services and for which he does not pay money or other thing of value other than his service.
"Carnival" means a group of two or more devices or acts subject to council approval, operated or conducted for five days or less from time of set up and, in conjunction with an established business for the purpose of attracting the public or to advertise a product, idea or program. "Carport" means an accessory structure or portion of a main structure open on two or more sides, designed for the storage of motor vehicles, without full enclosure.

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"Car wash, self service" means any occupancy which provides for automobile washing to be done by the customer. There shall be no employees other than servicemen who check and maintain equipment and supervise the use of the facility. Equipment shall be limited to a water softener, water heater, soap mixing tank, low pressure vacuum units and one horsepower electric motor and pump for each stall or similar equipment which shall produce only a low volume of sound.
"Cemetery" means land used or intended to be used for the burial of the dead, and dedicated for such purposes, including columbariums, crematoriums, mausoleums and mortuaries when operated in conjunction with and within the boundaries of such premises.
"Certified recycling facility" or "certified processor" shall mean a recycling facility certified by the State of California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986.
"Church" means a permanently located building commonly used for religious worship fully enclosed with walls (including windows and doors) and having a roof (canvas or fabric excluded) and conforming to applicable legal requirements affecting design and construction.
"Clinic" means a place for the provision of group medical services, not involving overnight housing of patients.
"Club" means an association of persons for some common nonprofit purposes, but not including groups organized primarily to render service which is customarily carried on as a business. "College" means an educational institution offering advanced instruction in any academic field beyond the secondary level, but not including trade schools or business colleges. "Commercial districts" means the C-1, C-2, C-3 and SC zoning districts. "Commercial office" means any administrative or clerical office maintained as a business or any office established by a public service over which this title has jurisdiction, other than a professional office. "Communications equipment building" means a building housing electrical and mechanical equipment necessary for the conduct of a public communication business, with or without personnel. "Contiguous" means the same as "abut."
"Convalescent home" means "rest home."
"Convenience market" means and includes a liquor store, within which all or the majority of the floor area for retail sales is located for the sale of alcoholic beverages. This category, however, does not include a full-service grocery store containing less than five thousand (5,000) square feet. "Corner cut-off" means the provision for and maintenance of adequate and safe visibility for vehicular and pedestrian traffic at all intersections of streets, alleys or private driveways. "Cottage food operation" shall hold the same definition as contained in Section 113758 of the California Health and Safety Code.
"Coverage" means the same as "lot coverage."
"Crime prevention plan" means a written implementation plan developed by the applicant in conjunction with the police chief which outlines a crime prevention program and other safety enhancement measures to be incorporated into a development.

Cul-de-sac. See "Lot, cul-de-sac."
Curve lot. See "Lot, curve."
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"Dairy farm" means any place or premises upon which milk is produced for sale or other distribution and where more than two cows or six goats are in location.
"Day" means a calendar day.
"Day nursery" or "child care nursery" means any group of buildings, building or portion thereof used primarily for the daytime care of children with or without compensation. "Directional signs" means any sign which contains only the name, location of building, services and/or occupants that are not located on the parcel upon which the sign is located. Said signs are separate from and are not to be construed as an advertising structure.
"District" means a zoning district established by this zoning ordinance. "Drainage channel" means any existing or proposed open ditch, open culvert or open channel, naturally created or designed to transmit water for flood control or irrigation purposes. "Drugstore" means a retail store engaged in the sale of prescription drugs and patent medicines, carrying related items such as cosmetics and toiletries and such unrelated items as tobacco and novelty merchandise. Such as may also include a soda fountain or lunch counter.
"Dump" means a place used for the disposal, abandonment or discarding of garbage, sewage, trash, refuse, rubble, waste material, offal or dead animals.
"Duplex" means the same as "dwelling, two-family."
"Dwelling" means a building or portion thereof designed exclusively for residential purposes, including onefamily and multiple dwellings, but not including hotels, apartment hotels, boarding and lodging houses, fraternity and sorority houses, rest homes, nursing homes, child care nurseries, or mobile homes (with or without wheels) except in the MHP district.
"Dwelling, one-family" means a detached building designed exclusively for occupancy by or occupied by one family for residential purposes.
"Dwelling, multifamily" or "multiple" means a building designed exclusively for occupancy by or occupied by two or more families living independently of each other, e.g. duplexes, triplexes, townhouses or apartments. "Dwelling, two-family" means a building designed or used exclusively for the occupancy of two families living independently of each other and having separate kitchen and toilet facilities for each family. "Dwelling unit" means one or more rooms and a kitchen designed for occupancy by one family for living and sleeping purposes.
"Easement" means a space on a lot or parcel of land reserved for or used for public uses. "Educational institutions" means public or other nonprofit institutions conducting regular academic instruction at pre-school, kindergarten, elementary, secondary and collegiate levels, and including graduate schools, universities, nonprofit research and religious institutions. Such institutions do not include schools, academies or institutes, incorporated or otherwise, which operate for a profit nor does it include commercial or trade schools.
"Electric distribution substations" means an assembly of equipment which is part of a system for the distribution of electric power where electric energy is received at a subtransmission voltage and transformed to a lower voltage for distribution for general consumer use. "Electrical transmission substation" means an assembly of equipment which is part of a system for the transmission of electric power where electric energy is received at a very high voltage from its source of generation by means of a network of high voltage lines and where, by means of transformers, said high voltage is transformed to a low subtransmission voltage for purposes of supplying electric power to large individual Created: 2023-08-15 15:51:08 [EST]
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consumers, interchange connections with other power-producing agencies or electric distribution substations for transformation to still lower voltages for distribution to smaller individual users. "Emergency shelter" means housing with minimal support for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. Medical assistance, counseling, and meals may be provided. Emergency shelter also means navigation centers, bridge housing, and respite or recuperative care. "Family" means an individual, two or more persons who are related by blood or marriage or a group of not more than five persons not necessarily related by blood or marriage,one or more persons living together in a dwelling.
"Farm labor camp" means the same as "labor camp, farm." "Feed lot" or "feed yard" means a lot or portion of a lot used for the enclosing of livestock for market, and not operated in connection with a bona fide farm.
"Fence" means any structural device forming a physical barrier which is so constructed that not less than fifty (50) percent of the vertical surface is open to permit the transmission of light, air or vision through said surface in the horizontal plane.
"Filling station" means the same as "automobile service station." "Flood control channel" means the same as "drainage channel." "Floor area." Whenever the term "floor area" is used in this zoning ordinance as a basis for requiring offstreet parking for any structure, it shall be assumed that, unless otherwise stated, said floor area applies not only to the ground floor area but also to any additional stories or basement of said structure. All horizontal dimensions shall be taken from the exterior faces of walls including enclosed porches. "Frontage" means the property line of a site abutting on a street, other than the side line of a corner lot. "Garage, private" means a detached accessory building or a portion of a main building on the same lot as a dwelling for five but not more than fifteen (15) persons other than members of the resident family, excepting a nursing home as defined in this section.
"Garage, repair" means a building other than a private garage used for the care, repair or equipment of automobiles, or where such vehicles are parked or stored for remuneration, hire or sale. "Garage, storage" means any premises used exclusively for the storage of vehicles. "Grade" means the gradient, the rate of incline or decline expressed as a percent. For example, a rise of twenty-five (25) feet in a horizontal distance of one hundred (100) feet would be expressed as a grade of twentyfive (25) percent (See also "slope"). "Greenhouse" means a building or structure constructed chiefly of glass, glass-like translucent material, cloth or lath, which is devoted to the protection or cultivation of flowers or other tender plants. “Group home, small” means shared living quarters for six or fewer persons without separate kitchen or bathroom facilities for each room or unit, offered for rent for permanent or semi-transient residents on a weekly or longer basis.
“Group home, large” means shared living quarters for seven or more persons without separate kitchen or bathroom facilities for each room or unit, offered for rent for permanent or semi-transient residents on a weekly or longer basis.
"Guest" means any transient person who occupies a room for sleeping purposes. "Guest house" means the same as "accessory living quarters." Created: 2023-08-15 15:51:08 [EST]
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"Guest room" means a room which is designed to be occupied by one or more guests for sleeping purposes, having no kitchen facilities, not including dormitories. "Half-story" means a story under a gable, hip or gambrel roof, parts of which are not more than three feet above the floor of such story.
"Hedge" means a plant or series of plants, shrubs or other landscape material, so arranged as to form a physical barrier or enclosure.
"Height of building" means the same as "building, height of." "Home for the aged" means the same as "rest home."
"Home occupation" shall mean a limited commercial or office profession conducted entirely within a dwelling and carried on by the inhabitant(s) thereof, which use is clearly incidental and secondary to the residential use of the property. For purposes of determining its compatibility with an underlying residential zoning district, a home occupation shall not in and of itself be considered a "commercial use." "Hotel" means any building or portion thereof designed or used, or containing six or more guest rooms or suites of rooms, but not including any institutions in which human beings are housed or detained under legal restraint.
"Household pets" means the keeping of animals, fish, fowl, small birds; provided that there shall be not more than two mature animals, fowl and small birds of any one species provided that they shall be kept in a safe and sanitary manner; and keeping of other pets, provided that such other pets which are not kept exclusively within a dwelling shall be limited to not more than three adult animals, until such time that the keeping of animals as identified above becomes a commercial use as determined by the city council.

Household pets shall not include horses, cows, goats, sheep, other equine, bovine, ovine or ruminant animals, pigs, predatory wild animals, ducks, geese, turkeys, game birds and fowl which normally constitute an agricultural use. The keeping of household pets or other animals is lawful only in those districts where the use is listed as a permitted use or when any household pets are kept as an accessory use to lawfully maintain residences in other districts. The keeping of any animal not described in this section as a household pet shall not be deemed an accessory residential use.
"House trailer" means the same as "mobile home."
"Housing for the elderly" means housing consisting of at least eight units restricted to a person/persons sixty (60) years of age or older, or to a person/persons sixty (60) years or older plus spouse then residing with said elderly person.
"Industrial districts" means the M-1 and M-2 zoning districts. "Industry" means the manufacture, fabrication, processing, reduction or destruction of any article, substance or commodity, or any other treatment thereof in such a manner as to change the form, character or appearance thereof, and including storage elevators, truck storage yards, warehouses, wholesale storage and other similar types of enterprise.
"Intent" and "purpose" means that the commission and council, by the adoption of this zoning ordinance, have made a finding that the health, safety and welfare of the community will be served by the creation of the district and by the regulations therein.
“Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. "Kitchen" means any room or area intended or designed to be used for or maintained for the cooking, storing and preparation of food.

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Labor Camp.

1. "Labor camp" means any living quarters, dwellings, boardinghouse, tent, bunkhouse, maintenance-ofway car, mobilehome, or other housing accommodations, including employee housing or labor supply camp, maintained in connection with any work or place where work is being performed, whether or not rent is involved, and the premises upon which they are situated or the are set aside and provide for parking of mobilehomes or camping of five or more employees by the employer.

2. "Labor camp" as used in this title also includes any portion of any housing accommodation or property upon which housing accommodations are located, if all of the following factors exist:
a. The housing accommodations or property are located in a rural area; b. The housing accommodations or property are not maintained in connection with any work or workplace; and
c. The housing accommodations or property are provided by someone other than an agricultural employer or employers for any of the following:
i. Temporary or seasonal residency,
ii. Permanent residency, if the housing structure is a mobilehome or recreational vehicle, or iii. Permanent residency, if the housing structure is more than thirty (30) years old and at least fifty-one (51) percent of the units in the structure are occupied by agricultural employees.

3. Labor camp, as defined by this section, does not include a hotel, motel, inn, tourist hotel or permanent housing.
"Landscaping" means and includes planting of vegetation of all types and the continued maintenance thereof in a normal, healthy condition and also includes exterior decoration, furniture and structures required by and indicated upon a site plan.
"Loading" means the removal or placement of any commodity in, on or from a vehicle of any type. "Loading space" means an off-street space or berth on the same lot with a main building, or contiguous to a group of buildings for the temporary parking of commercial vehicles while loading or unloading, and which abuts a street, alley or other appropriate means of ingress or egress. "Local street" means a street or road primarily for service to abutting property. "Lot" means:

1. A single parcel of land for which a legal description is filed on record or the boundaries of which are shown on a subdivision map or record of survey map filed in the office of the county recorder.

2. The term "lot" includes a part of a single parcel of land when such part is used as though a separate lot for all of the purposes of this title.

3. The term "lot" includes two or more abutting lots when combined and used as though a single lot. "Lot area" means the total horizontal area within the lot lines of a lot. "Lot, corner" means a lot situated at the intersection of two or more streets which have an angle of intersection of not more than one hundred and thirty-five (135) degrees. "Lot, corner, reversed" means a corner lot, the side line of which is substantially a continuation of the front lot lines of the lots to its rear, whether across an alley or not. "Lot, cul-de-sac" means a lot fronting on, or with more than one-half of its lot width fronting on, the turnaround end of a cul-de-sac street.

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"Lot, curve" means a lot fronting on the outside curve of the right-of-way of a curved street, which street has a centerline radius of two hundred fifty (250) feet or less. "Lot depth" means the horizontal length of a straight line connecting the bisecting points of the front and rear lot lines, but in no case shall the minimum lot depth and width required in any district take precedence over the minimum lot area required in that district. Lot depth shall also mean the average horizontal distance between the front and rear lot lines, measured at right angles to the lot width at a point midway between the side lot lines. "Lot, interior" means a lot other than a corner lot.
"Lot line" means any line bounding a lot as defined in this section. "Lot line, front" means the property line abutting a street. "Lot line, rear" means a lot line not abutting a street which is opposite and most distant from the front lot line.
"Lot line, side" means any lot line not a front lot line or rear lot line. "Lot, nonconforming" means a lot having less area or dimension than required in the district in which it is located and which was lawfully created prior to the zoning thereof whereby the larger area or dimension requirements were established, or any lot, other than one shown on a plat recorded in the office of the county recorder, which does not abut a public road or public right-of-way or approved private road right-of-way and which was lawfully created prior to March 23, 1965.
"Lot width" means the average horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. "Lot, through" means a lot having frontage on two dedicated streets, not including a corner or reversed corner lot.
"Lot of record" means a lot held in separate ownership as shown on the records of the county recorder at the time of the passage of an ordinance or regulation establishing the zoning district in which the lot is located. “Low barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
(1) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
(2) Pets.
(3) The storage of possessions.
(4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
“Low barrier navigation center” means a housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
(1) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
(2) Pets.
(3) The storage of possessions.
(4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

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"Major street" or "major highway" means a highway with intersections at grade and on which partial control of access and geometric design and traffic control measures are used to expedite the safe movement of traffic. "Medical building" means clinics or offices for doctors, dentists, oculists, chiropractors, osteopaths or similar practitioners of the healing arts; including accessory laboratory and prescription pharmacy uses, but not including offices for veterinarians.
"Minor" means any person under the age of majority as determined by the state of California. "Mobilehome" or "manufactured home" means a residential building or dwelling unit which is either wholly or partially constructed or assembled off the site in accordance with regulations adopted by the Commission of Housing and Community Development of the state. Manufactured homes shall be placed on a permanent foundation.
"Mobilehome park" means any area or tract of land where two or more mobilehomes or mobilehome sites are rented or leased to accommodate residential use.
"Motel" means a building or group of buildings containing individual sleeping or living units, designed primarily for use by automobile tourists or transients, where a majority of such units open individually and directly to the outside. An establishment shall be considered a motel, in any case, when required by the Health and Safety Code of the state of California to obtain the name and address of the guests and a description of their vehicle and license.
"Nonconforming building" means a building or portion thereof which was lawful when established but which does not conform to subsequently established zoning or zoning regulations. "Nonconforming use" means a lawful use when established but which does not conform to subsequently established zoning or zoning regulations.
"Nursery school" means the same as "day care."
"Nursing home" means a structure operated as a lodging house in which nursing, dietary and other personal services are rendered to convalescents, not including persons suffering from contagious diseases, and in which surgery is not performed and primary treatment, such as customarily is given in hospitals and sanitariums, is not provided. A convalescent home shall be deemed a nursing home. "Office" means a business or commercial establishment for the rendering of service, administration or consultation but excluding retail services.
"Outdoor advertising structure" means any structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising sign may be placed, and either:

1. Advertising a use not located on the site or a product not produced on the site where it is located; or

2. Exceeding three hundred (300) square feet in area. See "advertising structure" and "sign." "Parking area, private" means an area, other than a street, used for the parking of automotive vehicles capable of moving under their own power and restricted from general public use, but shall not include parking provided for residential uses unless such parking spaces are for more than four cars. "Parking area, public" means an area, other than a private parking area or street, used for the parking of vehicles capable of moving under their own power, either free or for remuneration. "Parking district" means the same as the P district.
"Parking space" means an area, other than a street or alley, reserved for the parking of an automobile, plus such additional area as is necessary to afford adequate access thereto. "Patio, covered" means the same as "structure."
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Pets. See "household pets."
"Permanent" means to endure, remain, to continue or endure without fundamental or marked change. "Person" means any natural person, partnership, cooperative association, private corporation, public corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

Pharmacy. See "drug store."
"Planned unit development" means developments which may combine permitted and conditional uses of the district, a variety of dwelling types and/or, where appropriate, other related uses in a manner which might not be possible by strict adherence to the regulations of this title but which, because of careful design and arrangement, are made harmonious and functional uses within the site, the vicinity and the district in which they are located. "Professional office" means any building or portion thereof used or intended to be used as an office for a lawyer, architect, engineer, land surveyor, accountant, optometrist, doctor, dentist and other similar professions but shall not include other medical buildings or commercial offices. "Property line" means the same as "lot line."
"Public building and uses" means buildings, structures and use of land, maintained by federal, state, county or city government or agency thereof, or by any school district or other special district created by law, in either a governmental or proprietary capacity.
“Qualified nonprofit corporation” means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program.
"Railroad right-of-way" means a strip of land of a maximum width of one hundred (100) feet only for the accommodation of mainline or branch line railroad tracks, switching equipment and signals, but not including lands on which stations, offices, storage buildings, spur tracks, sidings, employee housing, yards or other uses are located.
"Ramada" means an arbor or pergola-like structure.
"Recreation vehicle" means a motorhome, travel trailer, truck camper or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy, with a living area less than two hundred twenty (220) square feet, excluding built-in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures, bath and toilet rooms.
"Recycling facility" shall mean a facility for the collection and/or processing of recyclable materials. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated on those premises.

Recycling facilities may include the following:

1. "Collection facility." A collection facility shall mean a center for the acceptance by donation, redemption, or purchase of recyclable materials from the public. Such a facility does not use powerdriven processing equipment except as indicated in "Recycling facilities criteria and standards" as adopted or amended by the city council. Collection facilities may include the following:
a. Reverse vending machine;
b. Small collection facilities occupying not more than five hundred (500) square feet, which may include:
i. A mobile unit;
ii. Bulk reverse vending machines occupying more than fifty (50) square feet; Created: 2023-08-15 15:51:08 [EST]
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iii. Kiosk-type units that may include permanent structures; iv. Unattended containers placed for the donation of recyclable materials. c. Large collection facilities that occupy an area greater than five hundred (500) square feet and may include permanent structures.

2. "Processing facility." A processing facility means a building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as bailing, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and/or remanufacturing.

Processing facilities include the following:
a. A light processing facility occupies an area under twenty thousand (20,000) square feet of gross collection, processing, and/or storage, and has up to an average of two outbound truck shipments per day. Light processing facilities are limited to bailing, briquetting, crushing, compacting, grinding, shredding, and sorting of source-separated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous materials other than food and beverage containers.
b. A heavy processing facility means any processing facility other than a light processing facility. "Residence" means a building used, designed or intended to be used as a home or dwelling place, for one or more families. "Residential districts" means the following districts: R-A, R-1-A, R-1, R-2, R-3, R-3-A and MHP. “Residential care facility” means a facility that is licensed by the State of California to provide permanent living accommodations and 24-hour primarily non-medical care and supervision for persons in need of personal services, supervision, protection, or assistance for sustaining the activities of daily living. Living accommodations are shared living quarters with or without separate kitchen or bathroom facilities for each room or unit. This classification includes facilities that are operated for profit as well as those operated by public or not-for-profit institutions, including hospices, nursing homes, convalescent facilities, and group homes for minors, persons with disabilities, and people in recovery from alcohol or drug addictions. "Restaurant" means an establishment which serves food or beverages only to persons seated within the building. This includes cafes and tea rooms.
"Restaurant/bar" means any establishment which, under this section is a bar, but which has met the requirements of this definition. An establishment may be classified as a restaurant/bar if, but only if:

1. Pursuant to the applicable CUP process, classification as a restaurant/bar is requested;

2. At least fifty-one (51) percent of the establishment's annual on-site sales is related to on-site food sales; and

3. At least seventy-five (75) percent of the establishment's floor area is dedicated for use as a restaurant.

As part of the classification application, the applicant shall provide such books and records to the city finance director so that the city finance director may report to the planning commission as to compliance with requirement 2. above. In addition, the planning commission may, at its option, but no more often than annually, require an audit of the establishment to insure compliance with requirement 2. above. The serving of alcoholic beverages in a restaurant/bar is expressly subject to such restrictions, including the regulation of the times during which such activity is permitted, as provided in Section 17.08.050(G)(4). "Rest homes" means an establishment or home intended primarily for the care and nursing of invalids and aged persons; excluding cases of communicable diseases and surgical or obstetrical operations. The term shall not include nursing homes.

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"Reverse vending machine" shall mean an automated mechanical device that accepts one or more types of empty beverage containers including, but not limited to, aluminum cans, glass bottles, and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the state. A reverse vending machine may sort and process containers mechanically, provided that the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of a certified recycling facility, grouping of multiple reverse vending machines may be necessary. "Rezoning" means the same as "zoning district, change of." "Road" means the same as "street."
"Room" means an unsubdivided portion of the interior of a dwelling unit, excluding bathroom, kitchen, closets, hallways and service porches.
"School, elementary, junior or high" means public and other nonprofit institutions conducting regular academic instruction at kindergarten, elementary and secondary levels. "School, trade" means schools offering preponderant instruction in the technical, commercial or trade skills, such as real estate schools, business colleges, electronic schools, automotive and aircraft technician schools and similar commercial establishments operated by a nongovernmental organization. "Servant's quarters (separate)" means complete living quarters either attached or detached from that of the main dwelling, including kitchen facilities but not rented or used for permanent or temporary living quarters by members of the family.
"Service station" means the same as "automobile service station." "Setback line, front yard" means the line which defines the depth of the required front yard. Said setback line shall be parallel with the right-of-way line or highway setback line when one has been established. "Setback line, rear yard or side yard" means the line which defines the width or depth of the required rear or side yard. Said setback line shall be parallel with the property line, removed therefrom by the perpendicular distance prescribed for the yard in the district.
"Sign" means any lettering or symbol made of paint, paper, wood, metal or any other material, which is painted, attached, constructed or otherwise placed where it is visible from the exterior of any buildings or enclosed fenced areas, but not including window display signs which are not directly affixed to or painted on the window surface.
"Sign area" means the total exterior surface of a sign, including all sides of a sign having more than one surface unless otherwise specified, and including spaces between or within letters and symbols. "Significant tobacco retailer" means any tobacco retailer engaged in the sale and/or distribution of tobacco products or paraphernalia to the general public, excluding wholesale business, that either devotes twenty (20) percent or more of floor area or display area to, or derives seventy-five (75) percent or more of gross sales receipts from, the sale or exchange of tobacco products and/or tobacco paraphernalia. “Single Room Occupancy (SRO)” means a residential facility containing housing units that may have individual or shared kitchen and/or bathroom facilities and are guest rooms or efficiency units as defined by the California Health and Safety Code. Each housing unit is offered on a monthly rental basis or longer. "Site" means a parcel of land, subdivided or unsubdivided, occupied or to be occupied by a use or structure.

Generally used with the same meaning as "lot."
"Site plan" means a plan, prepared to scale, showing accurately and with complete dimensioning, all of the uses proposed for a specific parcel of land.

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"Site plan review" means the review by a site plan which shows the manner in which the applicant intends to use and develop the property.
"Slope" means a natural or artificial incline, as a hill-side or terrace. Slope is usually expressed as a ratio. "Smoke detector" means a device which detects visible or invisible particles of combustion. "Story" means a space in a building between the surface of any floor and the surface of the next floor above, or if there is no floor above, then the space between such floor and the ceiling or roof above. "Street" means a public thoroughfare or right-of-way dedicated, deeded or condemned for use as such, other than an alley, which affords the pre-mapal means of access to abutting property including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare except as excluded in this zoning ordinance.
"Structure" means anything constructed or erected which requires a fixed location on the ground, including a building, but not including a fence, a wall used as a fence, landscaping or other improvements excepted by this title.
"Supportive housing " means housing with no limit on length of stay that is occupied by the target population and that is linked to onsite or offsite services that assist residents in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. Supportive housing is a residential use, and is allowed in all districts that allow residential uses subject only to the requirements and restrictions that apply to other residential uses of the same type in the same district. "Swimming pool" means a structure containing a body of water intended for swimming, wading, and related activities. A swimming pool may be a primary structure or an accessory structure within the context of the overall use of a site. Swimming pool shall include wading pools and hot tubs. It does not include facilities that are temporary in nature and/or those that can be set up and removed annually. "Target population" means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Welfare and Institutions Code § 4500 et seq.), and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
"Temporary" means a short period of time as reasonable within the context or for the use. "Temporary sign" means a sign that is installed, erected, or displayed on the property of a business advertising the opening, establishment, or new location of a business, change of ownership of the business, or sales related to the opening or closing of that business. "Tire, battery and accessory parts retail sales and service store" means an occupancy for the retail sale and installation of automobile tires, batteries and other automobile parts and accessories wherein all activity including storage, shall be conducted completely within a building designed and intended for this purpose. Such occupancy shall exclude the sale and installation of differential and transmission assemblies, engine blocks or heads, and similar hard parts and radiators, and shall also exclude machine work, tire recapping, retreading, rebuilding and vulcanizing, battery repair or rebuilding, or general automobile repair, except as permitted in an automobile service station.
"Tobacco paraphernalia" means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette-rolling machines, and any other item designed for the smoking, use or ingestion of tobacco products.
"Tobacco products" means any substance containing any tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, and smokeless tobacco.

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"Tobacco retailer" means any person who sells, offers for sale, or offers to exchange for any form of consideration, tobacco, tobacco products, and/or tobacco paraphernalia. "Trailer sales and service lot" means an open area where trailers or mobilehomes are sold, leased or rented, but where no repairs, repainting or remodeling are done and where no trailers or mobilehomes are occupied as a dwelling.
"Transitional housing" means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. Transitional housing is a residential use, and is allowed in all districts that allow residential uses subject only to the requirements and restrictions that apply to other residential uses of the same type in the same district.
"Travel trailer" means a vehicle other than a motor vehicle, which is designed or used for human habitation and which may be moved upon a public highway without a special permit or chauffeur's license or both, without violating any provision of the Vehicle Code.
"Travel trailer park" means any area or tract of land where one or more travel trailer sites are rented or leased to accommodate travel trailers.
"Truck parking" means the parking of trucks including "bob tail" trucks in the rear yard only, but restricting five-ton or greater diesel trucks or rigs in designated districts. All other trucks allowed on streets or lots in conformance with the city truck ordinance.
"Truck service station" means an occupancy which provides especially for the servicing of trucks with incidental operations similar to those permitted for "automobile service stations." "Use" means the purpose for which a site or structure is designed or intended or for which either a site or structure is or may be occupied and maintained.
"Utility easement" means the same as "easement."
"Wading pool" means the same as "swimming pool."
"Wall" means any structure or device forming a physical barrier, which is so constructed that fifty (50) percent or more of the vertical surface is closed and prevents the passage of light, air and vision through said surface in a horizontal plane.
"Warehousing" means a building or buildings used for the storage of goods of any type, when such building or buildings contains more than five hundred (500) square feet of storage space, and where no retail operation is conducted.
"Wholesaling" means the selling of any type of goods for the purpose of resale. "Yard" means a space on a lot on which no structures are allowed. A required yard extends across the full width or length of a lot parallel to the lot lines from which such yards are required. "Yard, front determination" means the narrowest portion of lot, abutting a street. In no case shall the front yard be determined by the placement of a structure, or include an alley accessway or railroad right-of-way. "Yard, front" means a space between the front yard setback line and the front lot line or highway setback line and extending the full width of the lot.
"Yard, rear" means a space between the rear yard setback line and the rear lot line, extending the full width of the lot.

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"Yard, side" means a space extending from the front yard, or from the front lot line where no front yard is required by this zoning ordinance, to the rear yard or rear lot line, between a side lot line and the side yard setback line.
"Zone" means the same as "district," as defined and described in this section. "Zoning district, change of" means the legislative act of removing one or more parcels of land from one zoning district and placing them in another zoning district on the official zone map of the city. (Ord. 03-02 (part), 2003; Ord. 99-01 § 1, 1999; Amended during 1995 codification; Ord. 91-02 § 1, 1991; Ord. 94-07 § 1, 1994; Ord. 93-10 § 1, 1993; prior code § 13.01.011) (Ord. No. 11-01, §§ 3, 4, 3-22-2011; Ord. No. 12-05, § 2, 4-24-2012; Ord. No. 14-05, § 2, 9-9-2014; Ord. No. 15-04, § 2, 4-28-2015; Ord. No. 15-08, § 1, 7-14-2015; Ord. No. 17-04, § 1, 4-25-2017) Chapter 17.08 ADMINISTRATIVE PROVISIONS

17.08.010 Application of chapter.

The general provisions and exceptions set forth in this chapter where applicable shall apply in all zone districts.
(Prior code Art. 13.21 (part))

17.08.020 Administration.

A. Schedule of Filing Fees. Filing fees shall be paid by the applicant to the city to cover the expenses of processing, posting, advertising or other costs incidental to the several procedures in this title. The filing fees shall be set by a resolution of the city council. Said fees shall be reviewed on an annual basis to ensure their currency.

B. Legal Procedures. This section is in addition to other provisions of this title and other city ordinances relating to the legal status of conditions and activities in the city.

1. If any portion of a privilege authorized by the issuance of a conditional use permit or variance is utilized, all terms and conditions attached thereto shall immediately become effective and shall be complied with. Violation of any such term or condition shall constitute a nuisance and violation of this title and shall be subject to the same penalties as any other violation of this code.

2. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title, any use of land, building or premises established, conducted or operated, or maintained contrary to the provision of this title shall be and the same is declared to be unlawful and a public nuisance and the matter may be abated or corrected by court process, by action of city forces or by the filing of a criminal action for violation of this title; said remedies to be cumulative.

C. Injunction. Any resident or property owner in the city and any resident or property owner within one mile of the city limits shall have standing to obtain a mandatory, prohibitory injunction to prevent the violation of this title.
(Prior code § 13.21.011)
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17.08.030 Addition of permitted uses.

A. Procedure. When the classification of an unlisted use is requested, it shall be the duty of the city planner (or the planning commission or city council in case of an appeal) to ascertain all the pertinent facts concerning such use, set forth in writing its findings and the reasons for designating a specific classification for such use.

1. The applicant shall file a request with the city planner for a decision. The planning commission and the city council also may initiate an application.

2. The city planner shall render a written decision not less than thirty (30) days after such application is made and shall notify the applicant, any person requesting such notice, the planning commission, and the city council of such decision.

3. An appeal may be filed by any aggrieved person within fifteen (15) days after the mailing of the notice of such a decision.

4. The planning commission, or the city council upon further appeal, shall hear such appeal of the decision within forty (40) days after the date of the filing of such appeal.

5. The planning commission, or the city council upon further appeal, shall render a decision within fifteen (15) days after the hearing of such appeal.

6. The applicant shall be notified in writing at the address shown on the application of the planning commission's decision and the city council's decision if such appeal is made.

B. Findings.

1. Criteria. Upon application or on his own initiative, the city planner may add a use to the list of permitted uses prescribed in Chapters 17.12 through 17.84 of this code upon making the following findings:
a. That the addition of the use to the list of permitted uses will be in accordance with the purposes of the district in which the use is proposed;
b. That the use has the same basic characteristics as the uses permitted; c. That the use will not be detrimental to the public health, safety or welfare; d. That the use will not adversely affect the character of the district; e. That the uses will not create more odor, dust, smoke, noise, vibration, illumination, glare, fire or explosion hazard, or unsightliness, or any other objectionable influence, than that normally created by any of the uses permitted in the district.

2. Classification. The city planner (or planning commission or city council in case of an appeal) shall classify such use as to permitting such use by right or permitting such use subject to a conditional use permit.

3. Effect of Determination. Uses classified pursuant to this section shall be regarded as listed uses. The city shall maintain an up-to-date list of all such classifications.

C. Similarity. It is recognized that not every conceivable use can be identified in this title. The city planner may determine that a proposed use is substantively similar to, is a subcategory of, or is otherwise inseparable from a use already permitted or conditionally permitted within the subject zone such that the proposed use can be permitted or conditionally permitted without formally classifying it pursuant to this section. (Prior code § 13.21.001)
(Ord. No. 14-02, § 7, 2-11-2014)
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17.08.040 Amendments to the zoning ordinance.

A. Scope. An amendment to this title which changes any property from one district to another, or imposes any regulation not heretofore imposed, or removes or modifies any such regulations heretofore imposed shall be initiated and adopted by the following procedure.

B. Initiation. Amendments to this title may be initiated in the following manner:

1. The commission, council, or staff may propose an amendment by scheduling a public hearing before the commission to consider the proposed amendment;

2. A property owner or the authorized representative of an owner may propose an amendment to change property from one district to another by filing a verified petition with the commission; provided, however, such a petition shall be signed by the owners of at least sixty (60) percent of the area directly affected by such proposed amendment.

C. Petitions.

1. Form of Petition. The commission shall prescribe the form in which applications for changes of districts are made. The commission may prepare and provide blanks for such purpose and may prescribe the type of data and information to be provided by the petitioner to assist in determining the validity of the request. No application shall be received unless it is full and complete and complies with such requirements.

2. Verification of Petition. The city manager shall verify the accuracy and completeness of the application and the date of verification shall be noted on the application.

3. Change of C-1, C-2, C-3 or SC Districts. In addition, the applicant may provide to the commission such data and information as will assist the city manager in making a recommendation to the commission to justify its findings to the council as to the location and size of the proposed rezoning. Such data may include:
a. Economic studies and surveys;
b. Traffic studies;
c. Population studies; and
d. Any other information deemed pertinent.

D. Filing Fee. When an application to change property from one district to another is filed, a fee shall be paid for the purpose of defraying the costs incidental to the proceedings.

E. Administrative Investigation. The city manager shall study the proposed amendment and shall provide the information necessary for action consistent with the intent and purpose of this chapter and the general plan.

F. Notice of Public Hearing.

1. If amendments are proposed by petition, the secretary shall set the matter for public hearing no less than ten (10) days nor more than sixty (60) days after the verification of the proposal.

2. Notices of required public hearings shall contain a description of the property under consideration, the nature of the proposed change, the time and place of the hearing, the body presiding over the hearing, the recommendation of the commission, if applicable, and any other pertinent data. Notice shall be given by at least one publication in a newspaper of general circulation in the city at least ten (10) days before the hearing.

3. When the amendment involves the reclassification of property, additional notice shall be given by mailing a notice not less than ten (10) days prior to the date of the hearing to the owners of property Created: 2023-08-15 15:51:08 [EST]
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within a radius of three hundred (300) feet from the external boundaries of the property described in the application, using for this purpose the last known name and address of such owners as shown on the latest adopted tax roll of the county or by posting of the property not less than ten (10) days before the hearing.

4. Any failure to make notices as aforesaid shall not invalidate any proceedings taken for amendments under this chapter.

G. Commission Public Hearings—Recommendations and Notice Thereof.

1. The commission shall, not less than ten (10) days after the publication of the legal notice of a public hearing on an amendment, hold such hearing.

2. If, for any reason, testimony on any case set for public hearing cannot be completed on the day set for such hearing, the commissioner presiding at such public hearing may, before the adjournment or recess thereof, publicly announce the time and place to and at which such hearings will be continued, and such announcement shall serve as sufficient notice.

3. Upon the completion of a public hearing, the commission shall, not later than forty (40) days thereafter, render its decision on the matter so heard. Failure to so act within said forty (40) days shall serve to automatically and immediately refer the whole matter to the council for such action as it deems warranted under the circumstances. In the event of such failure on the part of the commission to act, the city manager shall immediately deliver to the council all of the records of the matter involved.

4. The recommendation for the approval of any amendment shall be by resolution of the commission carried by the affirmative votes of not less than a majority of its total voting members. A resolution for recommendation which receives a majority vote of the members present and voting but not a majority vote of the total voting members of the commission may, with the consent of the applicant, if any, and by majority vote of the members present, be continued until the next regular or special meeting of the commission; however, if the majority of the members present do not vote to continue the matter or the applicant does not consent thereto, then the action shall constitute disapproval. A resolution for the approval of any amendment which fails to carry by reason of no votes of a majority of the members present shall be deemed a disapproval.

5. The commission shall announce and record its action by formal resolution. Such resolution shall be filed with the council.

6. Not later than ten (10) days after final action by the commission on an application, notice of the decision shall be mailed to the applicant.

7. A denial by the commission shall be final unless appealed to the council within fifteen (15) days of the date such resolution is filed with the council.

8. An appeal may be initiated by the applicant or by any aggrieved person.

H. Council Public Hearing. The hearing date of the council public hearing shall be set by the city clerk for not less than ten (10) days or more than sixty (60) days after the filing of the commission's resolution with the council. Notice shall be given as provided in Section 17.08.040(F).

I. Notice of Council Public Hearing—Decision and Notice Thereof.

1. The council shall, not less than ten (10) days after the legal notice of a public hearing on a proposed amendment, hold such public hearing.

2. The council may approve the proposed amendment and enact it by ordinance or disapprove it. The council shall not alter the proposed amendment without referral back to the commission unless such alteration was previously considered by the commission and unless, in the case of a district change, Created: 2023-08-15 15:51:08 [EST]
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such alteration is more restrictive or reduces the area under consideration. A copy of the decision shall be mailed to the applicant at the address on the application. The decision shall be made within fifteen (15) days of the hearing. When the proposed amendment is referred back to the commission, the commission shall render a report to the council within forty (40) days of such referral, and the council shall render its decision within forty (40) days of the receipt of the report of the commission.

J. Appeals on Denials.

1. The council, not more than forty (40) days after the denial by the commission, shall hear such appeal after giving notice pursuant to Section 17.08.040(F).

2. The council shall refer any proposed reversal of such denial back to the commission for a report.

3. The commission shall render such report to the council within forty (40) days of such referral.

4. The council shall render its decision within forty (40) days of the receipt of the report from the commission.

K. Reapplications for District Amendments. No person, including the original applicant, shall reapply for the same change of district on the same lot or lots within a period of one year from the date of the final decision on such previous application unless such decision is a denial without prejudice.

L. Appeals—Time Limits. Appeals, if any, to a court of competent jurisdiction shall be made within thirty (30) days after the final decision by the council. In the event such action is not appealed within thirty (30) days following the council's decision, it shall be presumed that the petitioner to a court has not acted with due diligence in asserting his rights, and the action of the city shall be deemed to be final.

M. Conditional Zoning.

1. The council may impose conditions to the zoning reclassification of property, to be given an appropriate designation on the zone map, where such conditions are essential to:
a. The community's protection against potentially harmful effects of the proposed use; or b. Where such conditions are required to adjust the proposed use to the community's needs.

2. In the event conditions to zoning are imposed, a site plan review shall be required prior to development as provided in Section 17.08.090.
(Amended during 1995 codification; prior code § 13.21.002) (Ord. No. 19-02, § 3, 4-9-2019)

17.08.050 Application for conditional use permit.

A. Purpose. The purpose of a conditional use permit is to allow for enhanced review of particular uses that are not permitted in a particular zone district by right due to characteristics of those uses that may require additional mitigation in order to reduce their potential for impacting other proximal uses.

B. Filing, Form, and Content. Application for a conditional use permit shall be filed by the owner or lessee of the property for which the permit is sought, or by the authorized representative of the owner or lessee.

Application shall be made on a form prescribed by the planning commission, and except as may be modified herein, shall otherwise meet the requirements of Section 17.08.090 of this title.

C. Verification. The city planner shall verify the accuracy and completeness of the application.

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communication shall state the manner in which the application needs to be supplemented in order to be complete. When the application is found to be complete, it shall formally be accepted for processing. The date of formal acceptance shall be noted on the application. Acceptance of the application as complete shall not constitute an indication of approval.

E. Filing Fee. When the application for a conditional use permit is filed, the applicant shall pay a fee in an amount fixed by resolution of the city council for the purpose of defraying the costs associated with review and consideration of the application.

F. Administrative Investigation. The city planner shall investigate the facts bearing on the application, including as necessary information from utilities purveyors, service providers, and/or other public or private entities whose functions are integral to the operation of, or that may be affected by, the proposed use.

G. Minor and Major Conditional Use Permits. There shall be two classes of conditional use permit: minor and major. As part of the application process, the city planner shall make the determination of how a particular proposal shall be classified.

1. Minor Conditional Use Permit. A proposal may be considered for a minor conditional use permit if it meets one or more of the following criteria:
a. The use involves no new construction, excluding fences and/or signs. b. The use will occupy an existing structure and involves no modifications to the building or site aside from those for aesthetic purposes or to provide compliance with city, state, or federal regulatory requirements; or
c. The use involves expansion of an existing structure by less than ten (10) percent of its existing size.

2. Major Conditional Use Permit. Any proposal not meeting the criteria described in [subsections] (G)(1)(a), (b), or (c) above shall be classified as a major conditional use permit. Further, if a project meets criteria (G)(1)(a), (b), and/or (c) above, but the city planner determines that there are extenuating circumstances related to the project's potential to adversely impact nearby properties or facilities, the city planner may determine that said project be processed as a major conditional use permit.

H. Minor Conditional Use Permit Notice and Action.

1. Following completion of the administrative investigation, the city planner shall determine the date on which the application will be considered. Not less than ten (10) days prior to the date of consideration, the city planner shall provide notification pursuant to California Government Code § 65091.

2. On the date of consideration stated in the public notice, the city planner shall consider the application, including all information gathered during the administrative investigation and public notice period.

3. The city planner shall make a determination to approve, approve with conditions, or deny the application. In approving a conditional use permit, the city planner shall find that:
a. The site for the proposed use is adequate in size and shape to accommodate such use and all yards, spaces, walls and fences, parking, loading, landscaping and other features to adjust such use with the land and uses in the neighborhood;
b. That the site for proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use; c. That the proposed use will have no adverse effect on abutting property or the permitted use thereof;
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d. That the conditions stated in the project approval are deemed necessary to protect the public health, safety and general welfare. Such conditions may include:
i. Special yards, spaces and buffers;
ii. Fences and walls;
iii. Surfacing of parking areas subject to specifications; iv. Requiring street dedications and improvements (or bonds) subject to the provisions of site plan review, Section 17.08.090, including service to roads or alleys when practical; v. Regulation of points of vehicular ingress and egress; vi. Regulation of signs;
vii. Requiring landscaping and the maintenance thereof; viii. Requiring the maintenance of the grounds;
ix. Regulation of noise, vibration, odors, etc.;
x. Regulation of time for certain activities;
xi. The time period within which the proposed use shall be developed; xii. A bond for the removal of such use within a specified period of time; xiii. Such other conditions as will make possible the development of the city in an orderly and efficient manner and in conformity with the intent and purpose set forth in this title.

4. Appeal to the Planning Commission. The applicant or any aggrieved person may appeal the decision of the city planner to the planning commission. The appeal shall be in writing and shall state the reason(s) for the appeal. The appeal shall be filed with the clerk within fifteen (15) days after the date on which the city planner made the determination regarding the project.

5. Notice of Planning Commission Hearing. Notice of the public hearing before the planning commission shall be given according to subsection (H)(1). The planning commission shall conduct a public hearing on the conditional use permit, and shall uphold or deny the appeal based on the findings listed in subsection (H)(3). The decision of the planning commission may be appealed to the city council as provided in subsections (H)(4) and (H)(5). herein.

I. Major Conditional Use Permit. Following the administrative investigation by the city planner, the planning commission shall hold a public hearing to consider a major conditional use permit.

1. Notice of Commission Hearing. Notice of hearing for a major conditional use permit shall be in accordance with California Government Code § 65091.

2. Public Hearing Procedure. The city planner shall make a written report to the planning commission detailing the proposal and providing a recommendation for approval, approval with conditions, or denial, including a statement to support such recommendation. The planning commission shall review the report and the statement and shall receive pertinent evidence and testimony concerning the proposal and the conditions under which it would be operated and maintained.

3. Planning Commission Determination. Based upon the recommendation from the city planner and any evidence and/or testimony received during the public hearing, the planning commission shall approve, approve with conditions, or deny the proposal. The commission shall announce its determination by resolution within forty (40) days after the conclusion of the public hearings. Such resolution shall set forth the findings contained within subsection (H)(3) herein and any recommended conditions, including time limits, deemed necessary to protect the health, safety and welfare of persons in the Created: 2023-08-15 15:51:08 [EST]
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neighborhood and in the community as a whole. The resolution shall be mailed to the applicant at the address shown in the application. The applicant, or any aggrieved person, may appeal any decision of the commission to the city council as provided in subsections (H)(4) and (H)(5) herein.

J. Effect of Decision. Unless an appeal is submitted to the city clerk as provided in subsections (H)(4) and (H)(5) herein, the decision of the approving entity shall be final and effective. An appellate body may affirm, reverse, or modify a decision, provided, however, that if a decision denying a use permit is reversed or a decision granting a use permit is modified, the appellate body shall, on the basis of the record transmitted and such additional evidence as may be submitted, make the findings prerequisite to the granting of a use permit as prescribed in Section 17.08.050(H)(3).

K. Building Permits and Occupancy. Before a building permit shall be issued for any building or structure proposed within a conditional use permit, the building department shall secure written verification from the city planner that any proposed building location(s) is in conformity with the approved site plan, if applicable, and any conditions of approval have been met. Before a building may be occupied, the building inspector shall verify to the city planner that the site has been developed in conformity with the approved site plan, if applicable, and any conditions of approval.

L. Lapse of Use Permit. A use permit shall lapse and shall become void one year following the date on which the use permit became effective unless, by conditions of the use permit a greater time is prescribed or unless, prior to the expiration, a building permit is issued by the building official and construction is commenced and being diligently pursued in accordance with the use permit. A use permit may be renewed for an additional period of one year or for a lesser or greater period as may be specified, provided that a written request for renewal is filed with the city planner not less than thirty (30) days prior to the expiration of the previous time period granted. The city planner may grant or deny a request for renewal. Such determination shall be in writing, and shall contain the basis for the determination.

M. Mapping. Within thirty (30) days after the granting of a conditional use permit the city planner shall indicate on the zone map the lots affected by such conditional use permit. Such indication shall show the file number of such permit.

N. Revocation. A conditional use permit may be revoked for failure to comply with conditions of approval, violation of this code, or violations of state or federal statute or regulations as applicable to the use(s) described in the conditional use permit. Upon violation of any applicable provision, the use permit shall be suspended automatically. Notice of suspension shall be sent immediately by the planning official to the applicant or person responsible for noncompliance, and all construction or action relating to the violation shall cease. Within thirty (30) days of the notice of suspension, the planning commission shall consider the suspension. Proceedings for consideration of revocation of a conditional use permit shall be as described in Section 17.08.050(I). If not satisfied that the regulations, provisions or conditions are being fully complied with, the commission shall revoke the use permit or take such action as may be necessary to ensure compliance.

O. Conditional Use Permit to Run With the Land. A use permit granted pursuant to the provisions of this title shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the use permit application. Conditions of approval associated with the original granting of the use permit shall apply to all successors.

P. New Application. Following the denial of a conditional use permit application or the revocation of a use permit, no application for a use permit for the same or substantially the same use on the same site shall be filed within one year from the date of denial or revocation of the use permit. (Amended during 1995 codification; prior code § 13.21.003) (Ord. No. 14-02, §§ 1, 2, 2-11-2014)
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17.08.060 Application for second accessory dwelling unit permit.

A. Purpose. This section establishes development and operations standards for accessory dwelling units and establishes a ministerial review process for the approval of such accessory dwelling units consistent with Government Code Section 66310, as may be amended from time to time. implements Government Code 66310 as may be amended from time to time.

B. Density and Consistency. Accessory dwelling units that confirm to the requirements of this section and with the requirements of Government Code Section 66310 shall:

1. Not be considered for the purposes of evaluating the density requirements established in the General Plan.

2. Be found consistent with the existing General Plan designation and zoning for the lot.

3. Not be considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service.

A.C. A. Application. Application for a permit for an second accessory dwelling unit or a junior accessory dwelling unit shall be the same as application for a building permit for a single-family residence.

B.D. B. Filing Fee. The filing fee associated with an second accessory dwelling unit or a junior accessory dwelling unit shall be the calculated in the same manner as the filing fee associated within a single-family residence.

E. C. Mandatory Approval ADUs. The following types of ADUs shall be permitted in residential or mixed-use zones, unless specifically stated otherwise, and shall comply with the following criteria. No additional developments standards shall apply.

1. Detached Accessory Dwelling Units.
a. Location.
(1) Detached ADUs must be accompanied by a proposed or existing single-family or multifamily dwelling.
(2) Detached ADUs may be located in an existing accessory structure. b. Maximum Number of Detached ADUs.
(1) When accompanied by a proposed or existing single-family dwelling, the maximum number of detached ADUs shall be one. The detached ADU may be in addition to an existing or proposed attached ADU and an existing or proposed JADU.
(2) When accompanied by a proposed or existing multi-family dwelling, the maximum number of detached ADUs shall be two per lot. Detached ADUs are not required to be detached from each other but must be detached from the multifamily dwelling. (3) In no case shall the total number of primary dwelling and accessory dwelling units exceed four on any given lot zoned for single-family residential uses. c. Floor Area.
(1) The minimum floor area shall be 150 square feet, or the equivalent of an efficiency unit, whichever is greater.
(2) When accompanied by an existing or proposed single-family dwelling, the maximum floor area shall be no more than 1,200 square feet.
(3) When an existing accessory structure is converted to a detached ADU, the maximum square feet may exceed 1,200 square feet to an amount equal to the square footage of the existing accessory structure to be converted.
d. Minimum Setbacks. 4-foot side, street side, and rear yard, except when converting or replacing an existing accessory structure that is less than 4 feet from the side, street side, or rear yard. e. Maximum Height. The maximum height of detached ADUs shall be as follows:
(1) For one story detached ADUs, the maximum height shall be 16 feet. Where the detached ADU is located within one-half mile walking distance of a major transit stop or a high-quality transit Created: 2023-08-15 15:51:08 [EST]
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corridor or with an existing or proposed multifamily dwelling of more than one story, the maximum height shall be 18 feet.
(2) For two story detached ADUs, the maximum height shall be 25 feet. (3) Height Exceptions.
(a) An additional two feet in height shall be allowed to accommodate a roof pitch on an accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. (b) When an existing accessory structure is converted to a detached ADU, the maximum height may exceed the limits of Section 17.08.60(D)(1)(c) to an amount equal to the height of the existing accessory structure to be converted.
f. Parking.
(1) One parking space shall be required for use by the detached ADU in addition to the minimum parking required for the primary single-family or multifamily dwelling(s). The surface of the parking space shall be improved and may be covered or uncovered. (2) Exceptions. No parking shall be required in any of the following circumstances:
(a) The detached ADU is located within one-half mile walking distance of public transit. (b) The detached ADU is located within an architecturally and historically significant historic district.
(c) The detached ADU is part of the proposed or existing primary residence or an accessory structure.
(d) On-street parking permits are required but not offered to the occupant of the detached ADU. (e) There is a car share vehicle located within one block of the detached ADU. g. Occupancy. If permitted after January 1, 2025, owner-occupancy shall be required in the primary dwelling or the newly created detached ADU. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. h. Development Standards. Detached ADUs shall comply with all applicable base zone district development standards, including lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, unless application of any one or more of these standards precludes construction of at least an 800 square foot detached ADU.

2. Attached ADUs.
a. Location. Attached ADUs must be accompanied by a proposed or existing single-family or multifamily dwelling.
b. Maximum Number of Detached ADUs.
(1) When accompanied by a proposed or existing single-family dwelling, the maximum number of attached ADUs shall be one. The attached ADU may be in addition to an existing or proposed detached ADU and an existing or proposed JADU.
(2) In no case shall the total number of primary dwelling and accessory dwelling units exceed four on any given lot zoned for single-family residential uses. c. Floor Area.
(1) The minimum floor area shall be 150 square feet, or the equivalent of an efficiency unit, whichever is greater.
(2) The maximum floor area shall be 50% of the primary dwelling unit floor area, or 1,200 square feet, whichever is greater.
d. Minimum Setbacks. 4-foot side, street side, and rear yard, except when converting or replacing an existing accessory structure that is less than 4 feet from the side, street side, or rear yard. e. Maximum Height. The maximum height of attached ADUs shall be two stories and 25 feet or the maximum height specified by the base zone district, whichever is lower. f. Parking.
(1) One parking space shall be required for use by the attached ADU in addition to the minimum parking required for the primary single-family dwelling. The surface of the parking space shall be Created: 2023-08-15 15:51:08 [EST]
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improved and may be covered or uncovered. If the proposed or existing single-family dwelling provides two parking spaces on-site, no additional parking shall be required. (2) Exceptions. No parking shall be required in any of the following circumstances:
(a) The attached ADU is located within one-half mile walking distance of public transit. (b) The attached ADU is located within an architecturally and historically significant historic district.
(c) The attached ADU is part of the proposed or existing primary residence or an accessory structure.
(d) On-street parking permits are required but not offered to the occupant of the attached ADU. (e) There is a car share vehicle located within one block of the attached ADU. g. Occupancy. If permitted after January 1, 2025, owner-occupancy shall be required in either the remaining portion of the primary dwelling or the newly created attached ADU. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. h. Development Standards. Attached ADUs shall comply with all applicable base zone district development standards, including lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, unless application of any one or more of these standards precludes construction of at least an 800 square foot attached ADU.

3. Conversion ADUs.
a. Location. Conversion ADUs are permitted within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.
b. Maximum Number of Conversion ADUs. The maximum number of conversion ADUs allowed shall be no more than 25% of the number of existing or proposed multifamily units. However, in no case shall less than one conversion ADU be allowed.
c. Floor Area.
(1) The minimum floor area shall be 150 square feet, or the equivalent of an efficiency unit, whichever is greater.
(2) The maximum floor area shall be 50% of the primary dwelling unit floor area, or 1,200 square feet, whichever is greater.
d. Minimum Setbacks. 4-foot side, street side, and rear yard, except when converting existing and eligible square footage that is less than 4 feet from the side, street side, or rear yard. e. Parking. No additional parking shall be required.

4. Junior ADUs (JADUs).
a. Location. JADUs must be accompanied by a proposed or existing single-family dwelling on a lot zoned for single-family use. A JADU must be located within the walls of the primary single-family dwelling, including but not limited to, an attached garage.
b. Maximum Number of JADUs.
(1) When accompanied by a proposed or existing single-family dwelling, the maximum number of JADUs shall be one. The JADU may be in addition to an existing or proposed detached ADU and an existing or proposed attached ADU.
(2) In no case shall the total number of primary dwelling and accessory dwelling units exceed four on any given lot zoned for single-family residential uses. c. Floor Area.
(1) The minimum floor area shall be 150 square feet, or the equivalent of an efficiency unit, whichever is greater.
(2) The maximum floor area shall be 500 square feet.
d. Parking. No parking shall be required for the JADU.
e. Exterior Access. Access shall be provided to the JADU independent from the primary dwelling.

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f. Sanitation Facilities. Sanitation facilities may be separate or shared with the primary dwelling. If shared with the primary dwelling, the JADU shall provide an interior entry to the living area of the primary dwelling, separate from the exterior access required to the JADU. g. Kitchen Features. An efficiency kitchen shall be provided, including the following minimum features:
(1) A cooktop, refrigerator, and compact sink. A removable hot plate may be considered a cooktop for purposes of this requirement. Appliances shall require no more than a 120-volt electrical connection.
(2) Food preparation counter space of a minimum 24 inches in width and a minimum of one food storage cabinet of a minimum 24 inches in width.
h. Occupancy. Owner-occupancy shall be required in either the remaining portion of the primary dwelling or the newly created JADU. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. i. Deed Restriction. A deed restriction shall be recorded on the property which shall run with the land, and a copy of which shall be provided to the planning department. The deed restriction shall include both of the following:
(1) A prohibition on the sale of the JADU separate from the sale of the single-family dwelling, including a statement that the deed restriction may be enforced against future purchasers. (2) A restriction on the size and attributes of the JADU that conforms with this section.

5. Development and Occupancy Standards. The following standards shall apply to detached ADUs, attached ADUs, conversion ADUs, and JADUs.
a. Fire Sprinklers. Fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary dwelling(s). The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in an existing single-family or multifamily dwelling. b. Long-Term Rentals Only. Rental of the accessory dwelling unit created pursuant to this section shall be for a term longer than 30 days.

Standards of Approval. The building department shall issue a building permit for a second unit ministerially and without discretionary review upon finding that it complies with the following standards:

1. That the second unit is not intended for sale and may be rented;

2. That the lot is zoned R-A, R-1-A, R-1, R-2, R-3, R-3-A and has an area exceeding six thousand (6,000) square feet;

3. That the lot contains an existing single-family detached unit or that it will contain a single-family detached unit prior to occupancy of the second unit;

4. That the second units is either attached to the existing residence and located within the living area of the existing dwelling, or detached from the existing dwelling and located on the same lot as the existing dwelling;

5. That the increase in floor area, if any, of an attached unit shall not exceed thirty (30) percent of the existing living area;

6. The total area of floor space of a detached second unit shall not exceed one thousand two hundred (1,200) square feet.

7. That any additional construction shall conform to height, setback, lot coverage, architectural review, site plan review, fees, charges and any other requirements applicable to residential construction in the R-A, R-1-A, R-1, R-2, R-3, R-3-A, as may be applicable;

8. That all local building code requirements which apply to detached dwellings shall be met, as appropriate;

9. That the application provide for separate water and sewer utilities connections for the primary unit and the second unit;
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10. That the applicant for such permit be an occupant of either dwelling. At all times subsequent to approval of the second unit, the current owner of the property shall occupy one of the two dwellings;

11. A minimum of one permanent covered parking space shall be provided onsite for each of the dwellings.

12. As used in this title "floor space " means the interior inhabitable area of a dwelling unit including basements and attics and shall not include a garage or any accessory structure.

D. Violation. If, at any time following approval of the second unit permit, the owner or occupant fails to maintain compliance with subsection (C) herein, the city planner shall notify the responsible party of said violation in writing, and provide a time period to allow correction of said violation(s). If said violation(s) are not corrected within the allowed time period, the general penalty shall apply. (Ord. No. 14-02, §§ 3, 4, 2-11-2014)
Editor's note(s)—Section 3 of Ord. No. 14-02, adopted Feb. 11, 2014, repealed § 17.08.060 and § 4 of said ordinance enacted new provisions as set out herein. Former § 17.08.060 pertained to application for conditional use permit (second units), and derived from prior code § 13.21.012.

17.08.070 Application for variance.

A. Purposes. The planning commission has authority to grant variances and to specify terms and conditions thereof, pursuant to the provisions of this title. The granting of any variance, and the conditions attached to such a grant, shall assure that such variance does not constitute a special privilege inconsistent with the limitations on other properties in the vicinity and zone in which the property is situated. Variance shall apply to regulations regarding structures and any physical conditions on the site, but shall not apply to types of uses where the conditional use permit or zoning amendment is a more appropriate procedure.

B. Conditions Necessary to Granting Variances. A variance may be granted only when all of the following conditions exist in reference to the property being considered:

1. There are exceptional or extraordinary circumstances or conditions applicable to the property involved which do not apply generally to other property in the vicinity having the identical zoning classification;

2. Such variance is necessary for the preservation and enjoyment of a substantial property right of an applicant, which right is possessed by other property owners under like conditions in the vicinity having the identical zoning classification;

3. The granting of a variance will not be materially detrimental to the public welfare or injurious to property and improvements in the vicinity in which the property is located; and

4. The granting of such a variance will not be contrary to the objectives of the general plan.

C. Procedure.

1. Initiation of Proceedings. A proceeding for the consideration of variance may be initiated by the commission, council or by a verified application.

2. Administrative investigation. The city manager shall investigate the facts bearing on each case to provide the information necessary for action consistent with the intent and purpose of this title.

3. Formal Acceptance. If the application is found to be accurate and complete, it shall be formally accepted. The date of formal acceptance shall be noted on the application. Acceptance of the application shall not constitute an indication of approval.

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D. Filing Fee. When the application for a variance is filed, a fee as provided for by resolution shall be paid for the purpose of defraying the costs incidental to the proceedings.

E. Applications.

1. Filing. Application for variances shall be filed by the owners or lessees of the property for which the variance is sought or by the authorized representative of either the owner or lessee.

2. Form and Content. Such applications shall be made to the commission on forms furnished by the department and shall set forth in detail the reasons for the requested variance, shall show how the conditions set forth in subsection B of this section are satisfied, and shall provide other information as may be prescribed by the commission to assist in determining the validity of the request.

3. Verification. The city manager shall verify the accuracy and completeness of the application. The date of verification shall be noted on the application. Such verification shall be made within fifteen (15) days of the date of the application.
a. Not In Scope. In cases where the city manager considers the reasons set forth in the application not all within the scope of the variance procedure, the application is filed and the fees are accepted, the application shall be signed by the applicant to the effect that he was so informed.

F. Public Hearing.

1. The planning commission shall hold a public hearing on each variance application. Notice and procedures shall be in accordance with the provisions of Section 17.08.050(D) and (E).

2. The commission may deny an application for a variance, may grant the variance as requested or may grant a variance subject to such conditions and limitations as the commission may prescribe.

G. Effect of Decision and Other Procedures. The effect of the commission's action, appeal to the city council, granting of building permits, lapse of variance, revocation, applicability and new applications shall be governed by the same procedures as conditional use permits, Section 17.08.050(H), (I), (J), (K), (L), (M), (N) and (O).
(Amended during 1995 codification; prior code § 13.21.004)

17.08.080 Application for minor variance.

A. Purpose and Procedure.

1. A minor variance may be granted by the city manager upon written request, subject to such conditions as he may impose without any notice or appeal if he finds that to do so would not be detrimental to the public welfare or injurious to property and improvements in the areas in which the property is located. When in the public interest, the city manager may consider and render decisions on applications involving minor deviations from the provisions of this title, limited to the following:
a. Area and lot dimension requirements may be reduced by not more than ten (10) percent of that required in the district.
b. Yard requirements may be reduced by permitting portions of a building or structure to extend into and occupy not more than ten (10) percent of the area required. c. Maximum building height requirement may be increased by not more than ten (10) percent. d. Permission to utilize exterior metal siding or roofing materials on a one-family dwelling, onefamily manufactured home or one-family mobile home, provided that before said permission is granted, the zoning administrator shall make a finding that the metal siding or roofing is Created: 2023-08-15 15:51:08 [EST]
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compatible with the siding or roofing material used on other one-family dwellings, one-family manufactured homes or one-family mobile homes in the surrounding neighborhood.

B. Application and Fee. The provisions of Section 17.08.070(B), (C), (D) and (E) shall apply. (Amended during 1995 codification; Ord. 94-07 § 4, 1994; prior code § 13.21.005) (Ord. No. 14-02, § 14, 2-11-2014)

17.08.090 Application for site plan review.

A. Purpose. The purpose of site plan review is to provide an avenue for expeditious approval of projects that are listed as permitted uses within the subject zone district, and that are therefore presumed to be consistent with both the zoning ordinance and the general plan of the city of Mendota.

B. Filing, Form, and Content. Application for site plan review shall be filed by the owner or lessee of the property for which the permit is sought or by the authorized representative of the owner or lessee.

Application shall be made on a form prescribed by the planning commission which shall include the legal description of the property, a site plan, drawings, photographs, and such other pertinent information that may be required by the city planner. The information listed in items (1) through (25) shall be illustrated on the site plan as appropriate or otherwise submitted with the application for site plan review:

1. Name and address of applicant;

2. Statement that the applicant is the owner or lessee of the property or is the authorized representative of the owner or lessee, or is the plaintiff in an action in eminent domain to condemn the property;

3. Address or description of the property;

4. Lot dimensions;

5. Location, elevation, size, height, and proposed use of all buildings and structures;

6. Yards and spaces between buildings;

7. Walls and fences: locations, height, and materials;

8. Off-street parking: location, number of spaces, dimensions of parking area and internal circulation pattern;

9. Access: pedestrian, vehicular and service, points of ingress and egress and internal circulation;

10. Location, size and height of all signs;

11. Loading: locations, dimensions, number of spaces and internal circulation;

12. Lighting: location, general nature and hooding devices;

13. Street dedications and improvements;

14. Location of trash pickup facilities and screening;

15. Location, species, and maturity of landscaping and irrigation system;

16. Existing and proposed utilities, including offsite utilities that will serve the project site;

17. Composition of material comprising exterior surfaces of buildings;

18. Adjacent public rights-of-way, including median island detail where applicable;

19. Proposed surfacing of all paved areas;
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20. Proposed drainage of the site;

21. Any proposed phasing;

22. Preliminary title or lot book report for the parcel;

23. Environmental supplement application;

24. Roof-mounted equipment and screening, existing and proposed;

25. Location of mail delivery system.

C. Verification. The city planner shall verify the accuracy and completeness of the application.

D. Formal Acceptance. Within thirty (30) days after submission of the application, the city planner shall notify the applicant in writing of the completeness of the application. If the application is not complete, the communication shall state the manner in which the application needs to be supplemented in order to be complete. When the application is found to be complete, it shall be formally accepted for processing. The date of formal acceptance shall be noted on the application. Acceptance of the application as complete shall not constitute an indication of approval.

E. Filing Fee. When the application for a site plan review is filed, the applicant shall pay a fee in an amount fixed by resolution of the city council for the purpose of defraying the costs associated with review and consideration of the application.

G. Public Notice and Action.

3. The city planner shall make a determination to approve, approve with conditions, or deny the application. In approving a site plan, the city planner shall find that:
a. The site plan is consistent with the requirements of the zoning ordinance; b. The site plan is consistent with the general plan;
c. The following are so arranged that traffic congestion is avoided, pedestrian and vehicular safety are protected, and there will be no significant adverse effect on surrounding properties or the environment:
i. Facilities and improvements;
ii. Vehicular ingress, egress, and internal circulation; iii. Setbacks;
iv. Height of buildings;
v. Location of services;
vi. Walls;
vii. Landscaping;
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viii. Lighting is so arranged as to reflect light away from adjoining properties; and ix. Signs.

The city planner's decision shall be final unless appealed to the planning commission.

H. Reserved.

I. Reserved.

J. Appeal to the Planning Commission. The applicant or any aggrieved person may appeal the decision of the city planner to the planning commission. The appeal shall be in writing and shall state the reason(s) for the appeal. The appeal shall be filed with the clerk within fifteen (15) days after the date on which the city planner made the determination regarding the project.

K. Notice of Planning Commission Hearing. Notice of the public hearing before the planning commission shall be given according to subsection (G)(1). The planning commission shall conduct a public hearing on the site plan, and shall uphold or deny the appeal based on the findings listed in subsection (G)(3). The decision of the planning commission may be appealed to the city council as provided in subsections (J) and (K) herein.

L. Minor Site Plan Review. A minor site plan review is a site plan review consisting only of the expansion or conversion of an existing building or structure by less than ten (10) percent of its floor area or of minor building and/or site improvements intended to bring the site into compliance with city requirements.

1. A minor site plan review shall be filed, submitted and reviewed in the same manner as other site plan reviews, except that the city planner shall approve, approve with conditions or disapprove the minor site plan review without notice, provided that written findings are made that the proposal will not be detrimental to the public welfare or injurious to property and/or improvements in the vicinity of the project.

2. Appeal to Planning Commission. The determination of the city planner may be appealed to planning commission as provided in subsections (J) and (K) herein.

3. Appeal to City Council. The determination of the planning commission on appeal may be appealed to the city council as provided in subsections (J) and (K) herein.

M. Expiration of Site Plan Approval. An approved site plan shall lapse and become null and void two years following the date of approval unless, prior to the expiration of two years, a building permit is issued by the building department and construction is being diligently pursued. For phased site plans that are not also subject to a development agreement, the city planner may provide an alternative duration of site plan validity, not to exceed five years following the date of approval.

N. Street Dedications and Improvements Required. Because of changes that may occur in neighborhood due to increases in vehicular traffic generated by facilities requiring a site plan review, and upon the principle that all development projects should provide street dedications and improvements in proportion to the increased vehicular traffic resulting from such development project, but should not be required to provide street facilities for non-related traffic, the following dedications and improvements may be deemed necessary and may be required as conditions to the approval of site plan review.

1. When the Development Borders or is Traversed by an Existing Street. a. Minor Streets, Local Streets and Culs-De-Sac. Dedicate all necessary rights-of-way to widen the street to its ultimate width as shown on any master or precise plan of streets and highways; install curbs and gutters, drainage facilities, sidewalks, street trees, street signs, street lights, required utilities, and street pavement from curb to existing pavement. b. Major and Collector Streets. Dedicate all necessary rights-of-way to widen the street to its ultimate width as established by any master plan or precise plan of streets and highways or Created: 2023-08-15 15:51:08 [EST]
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where the ultimate right-of-way lines are otherwise determinable and the grades have been established or can be determined; install curbs and gutters, drainage facilities, sidewalks, street trees, street signs, street lights, required utilities, and street pavement for a minimum of one parking lane and one travel lane abutting the development. In no case shall a person be required to dedicate or improve the right-of-way for a half street for a distance in excess of forty-two (42) feet as measured from the ultimate right-of-way line.
c. Major Thoroughfares (Expressways, Freeways, State Highways). Set back all facilities the required distance from the ultimate property line as shown on any master or precise plan of streets and highways; install curbs and gutters, drainage facilities, sidewalks, street trees, street signs, street lights, and required utilities, and street paving. No other dedications or improvements shall be required.

2. Frontage and Other New Roads. All frontage roads or new roads of any class made necessary by the development shall be dedicated and fully graded and improved with curbs and gutters, drainage facilities, sidewalks, street trees, street signs, street lights, required utilities, grading and paving; provided, that where the street involved is indicated as an eventual major street or major thoroughfare upon any master or precise plan of streets and highways, the amount of grading and paving shall not exceed that required for such existing streets under subsection (e)1[(N)(1)]. Where a frontage road is provided and improved, the improvements in subsection (e)1.B.[(N)(1)(b)] will not be required.

3. All improvements shall be to city standards.

O. Building Permits and Occupancy. Before a building permit shall be issued for any building or structure proposed within a site plan, the building department shall secure written verification from the city planner that the proposed building location(s) is in conformity with the approved site plan and any conditions of approval have been met. Before a building may be occupied, the building inspector shall verify to the city planner that the site has been developed in conformity with the approved site plan and any conditions of approval.
(Ord. No. 14-02, §§ 5, 6, 2-11-2014)
Editor's note(s)—Section 5 of Ord. No. 14-02, adopted Feb. 11, 2014, repealed § 17.08.090 and § 6 of said ordinance enacted new provisions as set out herein. Former § 17.08.090 pertained to similar subject matter, and derived from prior code § 13.21.006; and Ord. 9901, § 1, adopted in 1999.

17.08.100 Building permits.

A. Before a building permit shall be issued for any such building or structure, the city manager shall secure a certificate that:

1. The proposed building is in conformity with the site plan and conditions approved by the city manager;

2. All required on-site (outside the city right-of-way) improvements shall have been completed. If the offsite improvements have not been completed, the permittee shall have entered into an agreement with the city to complete such work within six months from the date of the issuance of the permit. The city manager may extend the completion date for such off-site improvements one additional six-month period upon the written request of the permittee upon a showing of good cause therefor. Such an agreement shall be secured either by cash deposited with the city, a cash deposit in an irrevocable escrow approved by the city manager or other financial security approved by the city manager as the equivalent thereof. Such security shall be in the amount of one hundred (100) percent of the estimated costs of completion, such costs to be determined by the city manager. In the event such work is not completed within the period provided, or any extension thereof, the city shall be authorized to take all necessary action to enforce the agreement, including the use of security, to cause the completion of all Created: 2023-08-15 15:51:08 [EST]
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required improvements. Moneys deposited with the city or in escrow may be partially released to the depositor by the city manager during the progress of the work so long as the same ratio of security is maintained on deposit to secure all uncompleted work; and

3. All existing hotels, motels and multiple-family residential units; and all existing single-family residential units upon sale, rental or repairs in excess of one thousand dollars ($1,000.00) in cost must have smoke detectors installed. Smoke detectors must be installed in conformance with the requirements of this code, except that approved battery powered smoke detectors may be installed in existing structures.

B. Filing Fees. Filing fees shall be paid by the applicant to the city to defray the expenses of postage, posting, advertising and processing applications according to the several procedures provided in this title in such amounts as the council may fix by resolution.

C. Form of Applications. The commission shall prescribe the form of all applications provided for in this title, which forms shall, among other things, indicate the accompanying data to be furnished by the applicant so as to assure the fullest practicable presentation of the facts for the proper consideration of the matter involved in each case and for a permanent record thereof. Each application provided for in this title shall be signed by one or more owners or lessees of the property in respect to which the application is filed. In all cases, such applications shall be provided at the City Hall.

D. Public Hearings. The commission may establish its own rules for the conduct of public hearings, and the member of the commission presiding at such hearings shall have the power to administer oaths to any person testifying. The commission may, for any reason, when it deems such action necessary or desirable, continue any hearing to a certain date, time and place, and the public announcement of such date, time and place of the hearing to be continued shall, for all purposes, be sufficient notice thereof to all persons.

E. Legal Procedure. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title, and any use of land, buildings or premises established, conducted, operated or maintained contrary to the provision of this title shall be and the same is declared to be unlawful; and the city attorney, at the request of the planning commission, shall immediately commence action or proceedings for the abatement and removal and the enjoining thereof in the manner prescribed by law. The remedies provided in this title shall be cumulative.

F. Penalties for Violations. Any person, firm or corporation, whether principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this title shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than five hundred dollars ($500.00), or by imprisonment for a term not to exceed six months, or by both such fine and imprisonment, unless otherwise provided. Such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this title is committed or continued by such person, firm or corporation and shall be punishable as herein provided.

G. Validity. If any section, sentence, clause or phrase of this title is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this title or of any section hereof. The council declares that it would have passed and does hereby pass this title, and each section, sentence, clause and phrase hereof, irrespective of the fact that any one or more sections, sentences, clauses or phrases be declared invalid or unconstitutional. (Amended during 1995 codification; prior code § 13.21.007)

17.08.110 Application for administrative review permit.

A. Application.

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1. Filling. Application for Administrative Review Permit shall be filed by the owners or lessees of property for which the permit is sought or by the authorized representatives of either the owner or lessee.

2. Form and Contents. Application for Administrative Review Permit shall be made to the city manager or his or her designee on a form prescribed by the city manager which shall include the following data:
a. Name and address of applicant;
b. Statement that the applicant is the owner of the property or is the authorized agent of the owner or has the permission of the owner to file for an administrative review permit; c. Address or description of property;
d. A drawing of the site, including buildings, and the site's relationship to streets and alleys, driveways, property lines, and adjoining development;
e. Such other data as may be necessary for the city manager to make the required findings.

3. Verification. The city manager or his or her designee shall verify the accuracy and completeness of the application. The date of verification shall be noted on the application.

4. Formal Acceptance. If the application is found to be accurate and complete, it shall be formally accepted. Acceptance of the application shall not be considered an indication of approval.

B. Filing Fee. When the application for an administrative review permit is filed, a fee of an amount fixed by resolution shall be paid for the purpose of offsetting the staff time required to process the application.

C. Administrative Investigation. The city manager or his or her designee shall investigate the facts bearing on the case to provide the information necessary for action consistent with the intent of this title and the general plan.

D. Action by City Manager. The city manager or his or her designee shall approve or disapprove an application for an administrative review permit based upon the required findings listed below within fifteen (15) days of the formal acceptance of the application.

E. Findings and conditions. The city manager or his or her designee shall make the following findings.

1. That the proposed site is adequate in size and shape to accommodate the proposed use;

2. That the proposed site relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use;

3. That proposed use will have no adverse effect on abutting property or the permitted uses thereof;

4. That the conditions stated in the approval letter by the city manager or his or her designee are deemed necessary to protect the public health, safety, and general welfare. Such conditions may include:
a. Surfacing of parking areas subject to specifications; b. Fences and walls;
c. Regulation of points of vehicular ingress and egress; d. Regulation of signs;
e. Requiring the maintenance of the grounds;
f. Mitigation of noise, vibration, odors, and other factors; g. The time period within which the proposed use may operate and/or be developed; h. Any other conditions determined to be necessary to adjust the proposed use with respect to adjoining property and development.

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F. Revocability. An Administrative Review Permit may be revocable, may be granted for a limited period, or may be granted subject to such conditions as the city manager or his or her designee may prescribe. The city manager or his or her designee may deny an application for an administrative review permit.

G. Effect of Decision. The city manager or his or her designee shall inform the applicant of his or her decision in writing. Unless a written appeal stating the reasons for the appeal and request for reconsideration by the planning commission is submitted to the city clerk within ten (10) days of the date of the city manager's written decision, the decision of the city manager is final. In the event of an appeal by any party, the application shall be scheduled for consideration by the planning commission at its next available meeting.

The planning commission shall consider the city manager's recommendation and any evidence or testimony presented before it related to the application. The decision of the planning commission is final and is not subject to appeal to the city council.

H. Building and Other Permits. Before a building, electrical, plumbing, or other permit proposed as part of the approved administrative review permit is issued, the building official shall determine that said permit complies with the administrative review permit and any conditions.

I. Lapse of Permit. An administrative review permit shall lapse and shall become void after the time designation on the permit.

J. Revocation. Upon violation of any applicable provision of this title or conditions of the administrative review permit, the use shall be suspended automatically. Notice of suspension shall be sent immediately by the city manager or his or her designee to the applicant or person responsible for noncompliance, and all action relating to the violation shall cease. The applicant may correct the violations or surrender the administrative review permit. The city manager's determination regarding whether a violation exists is not appealable.

K. Administrative Review Permit is Specific to the Applicant. An administrative review permit is specific to the applicant to which it is granted and is not transferable to a different party or property.

17.08.120 Application for reasonable accommodation.

A. Purpose. This purpose of this section is to provide a procedure for individuals with disabilities to request reasonable accommodations in seeking equal access to housing under the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (hereafter “Acts”) in the application of zoning laws and other land use regulations, policies, practices, and procedures. This provision also establishes the criteria to be used when considering requests for reasonable accommodations.

B. Applicability.

1. A request for reasonable accommodation may be made by any individual with a disability, his/her/their representative, or a developer or provider of housing for individuals with disabilities, when a requirement of this zoning code or other requirement, regulation, policy, or practice acts as a barrier to fair housing opportunities. This chapter is intended to apply to individuals with disabilities as “disability” is defined under the Acts.

2. A request for reasonable accommodation may include a modification or exception to the rules, standards, practices and procedures for the siting, development, use of housing or housing-related facilities, and any other land use requirements that would eliminate regulatory barriers and provide an individual with a disability equal opportunity to housing of his/her/their choice.

3. A reasonable accommodation is granted only to the household that needs the accommodation and does not apply to successors in interest to the site.

4. A reasonable accommodation shall be a ministerial grant in compliance with this Title without the need for the approval of a variance, conditional use permit, special use permit or other exception process.

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C. Procedure.

1. A request for reasonable accommodation shall be submitted on an application form provided by the City or in the form of a letter to the city planner, and shall contain the following information:
a. The applicant’s name, address, and telephone number; b. Address of the property for which the request is being made; c. The current use of the property;
d. The basis for the claim that the individual is considered disabled under the Acts or that the housing which is the subject of the request will be used by an individual with a disability (protected health information including a specific diagnosis is not required to verify disability status);
e. The zoning code or land use provision, regulation, policy or procedure for which reasonable accommodation is being requested; and
f. Why the reasonable accommodation is necessary to make the specific property accessible to the individual.

2. If the project for which the request for reasonable accommodation is being made requires some other discretionary approval (including a conditional use permit, design review, etc.), then the applicant shall file the information required by subsection (1) of this section for concurrent review with the application for discretionary approval.

3. A request for reasonable accommodation shall be reviewed by the city planner or their designee, if no approval is sought other than the request for reasonable accommodation. The city planner or their designee shall make a written determination within 30 days of the application being deemed complete and either grant, grant with modifications, or deny a request for reasonable accommodation.

4. A request for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the Planning Commission. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the Planning Commission in compliance with the applicable review procedure for the discretionary review.

D. Approval Findings. The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following findings:

1. Whether the individual requesting the accommodation has a disability as defined under the Act or the housing which is the subject of the request will be used by an individual with a disability;

2. Whether the requested accommodation is necessary for the individual to have equal opportunity to use and enjoyment of the housing and housing-related services;

3. Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the City; and

4. Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a City program or law, including but not limited to land use and zoning.

E. Iterative Process. Prior to denying a request for reasonable accommodation, the city planner shall engage in the interactive process to discuss with the applicant an alternative accommodation that will meet the needs of the individual.

F. Appeals.

1. Only an aggrieved applicant and abutting property owners who receive notice of the reasonable accommodation determination have a right to appeal the decision. An appeal to the Planning Created: 2023-08-15 15:51:08 [EST]
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Commission or City Council must be filed within 15 calendar days of the date of mailing the written notice of the decision. An appeal shall be made in writing and shall specify the reasons for the appeal and the grounds asserted for relief. If an appeal is not filed within the time or in the manner prescribed in this section, the right to review of the action against which the complaint is made shall be deemed to have been waived.

2. The City Council may, by resolution, adopt and from time to time amend a fee for the filing of appeals.

Such fee shall be for the sole purpose of defraying costs incurred for the administration of appeals. The fee for an appeal shall be paid at the time of and with the filing of an appeal. No appeal shall be deemed valid unless the prescribed has been paid. Households considered low-income (making 80 percent of less of median income) per California state law shall have the appeal fee waived.

3. After filing an appeal, the appropriate hearing body shall conduct a public hearing for the purpose of determining whether the appeal should be granted. Written notice of the time, date and place of hearing shall be given to the appellant, the applicant; the owner(s) of the property involved; owners of abutting properties; the City having jurisdiction over the area in which the property is located; the chairperson of any design review or plan review board having jurisdiction over the area in which the property is located; and to any other persons who have filed a written request for notice. Such notices shall be mailed to the appellant and the applicant at least 15 days prior to the hearing.

4. The Planning Commission or City Council shall review de novo the entire proceeding or proceedings relating to the decision, and may make any order it deems just and equitable, including the approval of the application. Any hearing may be continued from time to time.

5. At the conclusion of the hearing, the hearing body shall prepare a written decision which either grants or denies the appeal and contains findings of fact and conclusions. The written decision, including a copy thereof shall be provided to the appellant and the project applicant. The city planner may refer appeals of reasonable accommodation decisions to the Planning Commission for review. Decisions on appeals shall occur within 45 days of the initial determination.

17.08.130 Application for density bonus.

A. Applicability. The provisions of this section are applicable only to residential projects of five (5) or more units, and senior housing projects of thirty-five (35) or more units.

B. General Provisions.

1. State Law Governs. The provisions of this section shall be governed by the requirements of Government Code Section 65915 et seq., as amended. Where conflict occurs between the provisions of this chapter and State law, the State law shall govern.

2. Availability. Affordable housing units shall be constructed concurrently with, and made available for qualified occupants at the same time as the market-rate housing units within the same project unless both the city and the developer agree to an alternative schedule for development.

3. Effect of Granting Density Bonus. The granting of a density bonus shall not, in and of itself, require a General Plan amendment, zoning change, or other discretionary approval.

4. Income Levels. For purposes of determining income levels of households under this chapter, the city shall use the Fresno County income limits in Title 25, Section 6932 of the California Code of Regulations or other income limits adopted by the City Council if the State department of Housing and Community Development fails to provide timely updates of the income limits in the California Code of Regulations.

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5. Duration of Affordability. All affordable housing units shall be kept affordable for a minimum period of fifty-five (55) years or such other term approved by the city, consistent with State law.

6. Regulatory Agreement Required. All affordable housing projects shall be subject to the approval of an agreement pursuant to conforming to the provisions of Sections 65864 to 65869 of the Government Code. The terms of the agreement shall be reviewed and revised as appropriate by the city planner and/or City Attorney, who shall formulate a recommendation to the decision-making body for final approval. This agreement shall include, but is not limited to, the following:
a. Number of Units. The total number of units approved for the projects, including the number of affordable housing units.
b. Target Units. The location, unit sizes (in square feet) and number of bedrooms of the affordable housing units.
c. Household Income Group. A description of the household income groups to be accommodated by the project and a calculation of the Affordable Sales Price. d. Certification Procedures. The party responsible for certifying sales prices or annual rental rates, and the process that will be used for certification.
e. Schedule. A schedule for the completion and occupancy of the affordable housing units. f. Required Term of Affordability. Duration of affordability of the housing units. Provisions shall also cover resale control and deed restrictions on targeted housing units that are binding on property upon sale or transfer.
g. Expiration of Agreement. Provisions covering the expiration of the agreement, including notice prior to conversion to market rate units and right of first refusal option for the city and/or the distribution of accrued equity for for-sale units.
h. Remedies for Breach. A description of the remedies for breach of the Agreement by either party. i. If applicable, affordable housing impact fees, including inclusionary zoning fees and in-lieu fees, shall not be imposed on a housing development’s affordable units. j. Other Provisions. Other provisions to ensure implementation and compliance with this section. k. For Sale Units. In the case of dwelling units available for sale, the Regulatory Agreement shall provide for the following conditions governing the initial resale and use of affordable housing units:
(1) Target units shall, upon initial sale, be sold to eligible Very Low, Lower, or Moderate Income Households at an Affordable Sales Price and Housing Cost. (2) Target units shall be initially owner-occupied by eligible Very Low or Lower Income Households. (3) Upon resale, the seller of a target unit shall retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation. The city shall recapture its Created: 2023-08-15 15:51:08 [EST]
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proportionate share of appreciation, which shall be used to promote home ownership opportunities as provided for in Health and Safety Code Section 33334.2. The city’s proportionate share shall be equal to the percentage by which the initial sale price to the targeted household was less than the fair market value of the dwelling unit at the time of initial sale.

7. Rental Housing Developments. In the case of rental housing developments, the Regulatory Agreement shall provide for the following conditions governing the use of Target Units during the use restriction period:
a. The rules and procedures for qualifying tenants, establishing affordable rent rates, filling vacancies, and maintaining Target Units for qualified tenants.
b. Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this chapter.
c. Provisions requiring owners to submit an annual report to the city, which includes the name, address, and income of each person occupying Target Units, and which identifies the bedroom size and monthly rent or cost of each Target Unit.

C. Lower Income Student Housing Standards

1. All units in the student housing development will be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. In order to be eligible under this subclause, the developer shall, as a condition of receiving a certificate of occupancy, provide evidence to the city that the developer has entered into an operating agreement or master lease with one or more institutions of higher education for the institution or institutions to occupy all units of the student housing development with students from that institution or institutions. An operating agreement or master lease entered into pursuant to this subclause is not violated or breached if, in any subsequent year, there are not sufficient students enrolled in an institution of higher education to fill all units in the student housing development.

2. The rent provided in the applicable units of the development for lower income students shall be calculated at 30 percent of 65 percent of the area median income for a single-room occupancy unit type.

3. The development will provide priority for the applicable affordable units for lower income students experiencing homelessness. A homeless service provider, as defined in paragraph (3) of subdivision (e) of Section 103577 of the Health and Safety Code, or institution of higher education that has knowledge of a person’s homeless status may verify a person’s status as homeless for purposes of this subclause.

D. Density Bonus.

1. Minimum Density Bonus and Composition of Qualifying Projects. Pursuant to Government Code Section 65915, the city shall grant a density bonus in the amounts in Table 17.08.130 over the otherwise allowable maximum residential density permitted by this section and the General Plan, and one (1) or more additional concessions or incentives, consistent with Government Code Section 65915 and this section, if the applicant applies for and proposes to construct any one (1) of the following in the percentages described below in Table 17.08.130:

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a. Lower Income Units.
b. Very Low Income Units.
c. Senior Citizen Housing Development.
d. Moderate Income Units.
e. Lower Income Student Housing.
f. Foster Youth, Disabled Veterans, or Homeless Units.
g. Land Donation. An applicant shall be eligible for the increased density bonus described in this subdivision if all of the following conditions are met:
(1) The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application. (2) The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than 10 percent of the number of residential units of the proposed development. (3) The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned with appropriate development standards for development at the density described in paragraph (3) of subdivision (c) of Section 65583.2, and is or will be served by adequate public facilities and infrastructure.
(4) The transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, not later than the date of approval of the final subdivision map, parcel map, or residential development application, except that the local government may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Section 65583.2 if the design is not reviewed by the local government before the time of transfer. (5) The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent subdivision (B), which shall be recorded on the property at the time of the transfer.
(6) The land is transferred to the city or to a housing developer approved by the local agency. The local agency may require the applicant to identify and transfer the land to the developer. (7) The transferred land shall be within the boundary of the proposed development or, if the city agrees, within one-quarter mile of the boundary of the proposed development. (8) A proposed source of funding for the very low income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application.

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TABLE 17.08.130

DENSITY BONUS BY BASE DENSITY AFFORDABLE UNIT PERCENTAGE Affordable
Unit
Percentage
(%)
Density Bonus
Very Low
Income
Low
Income
Moderate
Income1
Land
Donation
Senior
Citizen
Housing
Foster
Youth,
Disabled
Veterans,
Homeless
Lower
Income
Students
5 20
0 0 0
20 0
0 6 22.5
7 25
8 27.5
9 30
10 32.5 20 5 15
20 11 35 21.5 6 16
12 38.75 23 7 17
13 42.5 24.5 8 18
14 46.25 26 9 19
15 50

27.5 10 20
16 29 11 21
17 30.5 12 22
18 32 13 23
19 33.5 14 24
20 35 15 25
35 21 38.75 16 26
22 42.5 17 27
23 46.25 18 28
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Affordable
Unit
Percentage
(%)
Density Bonus
Very Low
Income
Low
Income
Moderate
Income1
Land
Donation
Senior
Citizen
Housing
Foster
Youth,
Disabled
Veterans,
Homeless
Lower
Income
Students
24 50
19 29
25 20 30
26 21 31
27 22 32
28 23 33
29 24 34
30 25
35 31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 33
39 34
40 35
41 38.75
42 42.5
43 46.25
44 50
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Affordable
Unit
Percentage
(%)
Density Bonus
Very Low
Income
Low
Income
Moderate
Income1
Land
Donation
Senior
Citizen
Housing
Foster
Youth,
Disabled
Veterans,
Homeless
Lower
Income
Students
1002 80 80 80
1Moderate Income units may be for sale or for rent.
2100% affordable projects located within one-half mile of a major transit stop or in a very low vehicle travel area, the city shall not impose any limit on density.

2. Calculation of Density Bonus Units. When calculating the number of permitted density bonus units, all fractional units shall be rounded to the next higher whole number. The applicant who requests a density bonus for a project that meets two (2) or more of the eligibility requirements depicted in paragraph (1) shall specify whether the bonus shall be awarded on the basis of Section 17.08.130(D), Minimum Density Bonus and Composition of Qualifying Projects. The density bonus shall not be included when determining the number of target units to be provided in a development project.

3. Optional Density Bonus. The city may grant a proportionally lower density bonus and/or provide concessions and/or incentives set forth in Section 17.08.130(F), Affordable Housing Concessions and Incentives, if an applicant agrees to construct a development containing less than the percentage of housing for lower or very low income households than provided in Subsection (1) of this section.

E. State Childcare Facility Density Bonus.

1. Basic Requirements. When an applicant proposes to construct a housing development that conforms to the requirements of the State Density Bonus law and includes a childcare facility other than a Family Day Care Home that will be located on the premises of, as part of, or adjacent to, the project, the city shall grant either of the following:
a. Additional Density Bonus. A density bonus of additional residential units equal in square footage to the amount of square feet of the childcare facility. For example, a 5,000 square foot childcare facility would result in a density bonus of 5,000 square feet of dwelling units. b. Additional Concession or Incentive. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility.

2. Conditions of Approval. The city shall require, as a condition of approving the housing development that the following occur:
a. Length of Operation. The childcare facility remains in operation for a period of time that is as long as, or longer than the length of time during which the affordable housing units shall remain affordable.

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b. Attending Children. The percentage of children of very low, low or moderate income households who attend the childcare facility shall be the same or greater than the percentage of dwelling units in the project that are required for households at each income level.

3. Exceptions. The city shall not be required to provide a density bonus or concession for a childcare facility if it finds that, based upon substantial evidence, the community has adequate childcare facilities.

F. Affordable Housing Concessions and Incentives.

1. Number of Incentives or Concessions. Pursuant to Government Code Section 65915, an applicant is entitled to receive incentives and/or concessions as follows:
a. One (1) incentive or concession for projects that include at least ten (10) percent of the total units for lower income households, at least five (5) percent for very low income households, or at least ten (10) percent for persons and families of moderate income in a condominium or planned development; or
b. One (1) incentive or concession for senior citizen housing developments; or c. One (1) incentive or concession for projects that include at least 20 percent of the total units for lower income students in a student housing development; or d. Two (2) incentives or concessions for projects that include at least twenty (20) percent of the total units for lower income households, at least ten (10) percent for very low income households, or at least twenty (20) percent for persons and families of moderate income in a condominium or planned development; or
e. Three (3) incentives or concessions for projects that include at least thirty (30) percent of the total units for lower income households, at least fifteen (15) percent for very low income households, or at least thirty (30) percent for persons and families of moderate income in a condominium or planned development; or
f. Four (4) incentives or concessions for projects with one-hundred (100) percent of the total units for lower income households, or at least eighty (80) percent lower income and the remaining amount for persons and families of moderate income in a condominium or planned development. If the project is located within one-half mile of a major transit stop or is located in a very low vehicle travel area in a designated county, the applicant shall also receive a height increase of up to three additional stories, or 33 feet.
g. The applicant who requests incentives or concessions for a mixed-income project shall specify whether the incentives or concessions shall be awarded on the basis of paragraphs (a) through (f) of this section.

2. Proposal of Incentives and Findings. An applicant may propose specific incentives or concessions that would contribute significantly to the economic feasibility of providing affordable units pursuant to this section and State law. In addition to any increase in density to which an applicant is entitled, the city shall grant one (1) or more incentives and/or concessions that an applicant requests, up to the maximum number of incentives and concessions required pursuant to Subsection (1), unless the city makes a written finding that either:
a. The concession or incentive is not necessary in order to provide the proposed targeted units, or b. The concession or incentive would have a specific adverse impact that cannot be feasibly mitigated on public health and safety or the physical environment or any property that is listed in the California Register of Historical Resources.

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c. Notwithstanding the restriction in Subsection (F)(1) above, the applicant may propose and the city may approve additional incentives and concessions for an eligible project that provides targeted units that meet two (2) or more of the eligibility requirements based on a written finding that the additional incentives or concessions are necessary in order to make the project economically feasible.

3. Types of Affordable Housing Incentives. Affordable housing incentives may consist of any combination of the items listed below:
a. Reduction of Modification of Development Standards. A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that still meet or exceed the minimum building code standards and fire code standards, including, but not limited to:
(1) Reduced minimum lot sizes and/or dimensions.
(2) Reduced minimum building setbacks and building separation requirements. (3) Reduced minimum outdoor and/or private usable open space requirements. (4) Increased maximum lot coverage.
(5) Increased maximum building height.
b. Parking. Upon the applicant’s request, the following maximum parking standards, inclusive of handicapped and guest parking, shall apply to the entire project. Further reductions in required parking may be requested as one (1) of the incentives allowed under Subsection (a). (1) One (1) on-site space for studios to one (1) bedroom units; (2) Two (2) on-site spaces for two (2) to three (3) bedroom units; and (3) Two and a half (2.5) on-site spaces for four (4) more bedroom units. (4) For purposes of this section, at the applicant’s request, on-site parking may be provided through tandem parking or uncovered parking but not through on-street parking. c. Mixed Use Zoning. Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial or other land uses will reduce the cost of the housing development and such uses are compatible with the housing project and the surrounding area. d. Other Incentives. Other regulatory incentives or concessions proposed by the developer or the city that result in identifiable cost reductions or avoidance, including the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted under this subdivision (2).

G. Application Requirements and Review.

1. An application for a density bonus, incentive, concession, waiver, modification, or revised parking standard pursuant to this section shall be submitted in conjunction with the project application and shall be processed concurrently with all other applications required for the project. The application shall be Created: 2023-08-15 15:51:08 [EST]
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submitted on a form provided by the city or, if the city has not prepared a form, the following information shall be provided:
a. A site plan showing the total number of units, the number and location of the units dedicated pursuant to California Government Code Section 65915(b), and the number and location of the proposed density bonus units;
b. The level of affordability of the dedicated units;
c. A description of any requested incentives, concessions, waivers or modifications of development standards, or modified parking standards and evidence demonstrating that the application of the subject standard or requirement would preclude construction of the project at the densities provided for in California Government Code Section 65915 and that the waiver or modification is necessary to make development of the project financially feasible at the densities provided for in California Government Code Section 65915. Preparation of an additional report or study not otherwise required by state law shall not be required;
d. If a density bonus is requested for a land donation pursuant to California Government Code Section 65915(h), the application shall show the location of the land to be dedicated and provide evidence that the requirements of Section 65915(h) have been met, thus entitling the project to the requested density bonus; and
e. If a density bonus is requested for construction of a child care facility pursuant to California Government Code Section 65915(i), the application shall show the location and square footage of the proposed facility and provide evidence that the requirements of Section 65915(i) have been met, thus entitling the project to the requested density bonus.

2. Completeness review shall be limited to the items requested in the form or, if the city has not prepared a form, the information in subdivision (G)(1). Revisions to the application shall apply prospectively and not to existing applications.

3. If the application has been determined to be incomplete, the city shall provide the applicant with an exhaustive list of items that were not complete. That list shall be limited to those items actually required on the city’s submittal requirement checklist. In any subsequent review, the city shall not request the applicant to provide any new information that was not stated in the initial list of items that were not complete. Appeals of this determination can be made in accordance with the appeals procedure of Section

17.08.050 subsection (H)(4), except that a final written determination shall be made no later than sixty (60) days after receipt of the applicant’s written appeal.

4. If the applicant has been determined to be complete, the city shall immediately transmit its written determination to the applicant.

5. If the city does not transmit to the applicant its written determination within thirty (30) days, the application shall be deemed complete and processing shall commence.

6. Upon mutual agreeance between the city and the applicant, an extension of these timeframes shall be permitted.

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H. Density Bonus Review. After the application has been deemed complete, the city shall provide the applicant with a determination as to the following matters:

1. The amount of density bonus for which the applicant is eligible;

2. The parking ratio for which the applicant is eligible, if requested;

3. Whether the applicant has provided adequate information for the city to make a determination as to the incentives, concessions, or waiver or reduction of developments requested by the applicant.

4. Appeals. Decisions to deny an incentive, concession, or waiver may be appealed in accordance with the appeal procedures of Section 17.08.050 subsection (H)(4).

I. Definitions.

1. “Affordable Sales Price” means a sales price at which lower or very low income households can qualify for the purchase of target units, calculated on the basis of underwriting standards of mortgage financing available for development.

2. “Housing Cost” means the sum of actual or projected monthly payments for all of the following associated with for-sale target units: principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, homeowners' association fees, and a reasonable allowance for utilities.

3. “Target Unit” means a dwelling unit within a housing development which will be reserved for sale or rent to, and affordable to, very low, lower or moderate income, or senior citizen households.

4. “Lower Income Units” means units that are affordable to lower income households, as defined in Section 50079.5 of the Health and Safety Code.

5. “Very Low Income Units” means units that are affordable to very low income households, as defined in Section 50105 of the Health and Safety Code.

6. “Senior Citizen Housing Development” means a housing development that qualifies as a Senior Citizen Housing Development, as defined in Section 51.3 of the Civil Code.

7. “Moderate Income Units” means units in a condominium project, or in a Planned Development, as defined in Subdivision (k) of Section 1351 of the Civil Code, that are affordable to persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code.

8. “Lower Income Student Housing” means units in a student housing development are affordable for lower income students.

9. “Foster Youth, Disabled Veterans, or Homeless Units” means units that are affordable for transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C.

Sec. 11301 et seq.).

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17.08.140 Application for streamlined ministerial multifamily approval.

A. Applicability.

1. Size and Dwelling Requirements. A project is eligible for streamlined ministerial approval if the following criteria are met:
a. At least two-thirds of the square footage of the development is designated for residential use.

Additional density, floor area, and units, and any other concession, incentive, or waiver of development standards granted pursuant to the Density Bonus Law in Government Code Section 65915 shall be included in the square footage calculation. The square footage of the development shall not include underground space, such as basements or underground parking garages. b. Project is a multifamily housing development that contains at least two dwellings. For purposes of this section, a single family residence with an attached dwelling unit or junior accessory dwelling unit qualifies as a multifamily housing development.

2. Jurisdiction. Notwithstanding any law, for purposes of this section and for development in compliance with the requirements of this section on property owned by or leased to the state, the Department of General Services may act in the place of a locality or city, at the discretion of the California Department of Housing and Community Development.

3. Locational Requirements. A project is eligible if the following criteria are met:
a. The site is a legal parcel(s).
b. 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. Parcels that are only separated by a street or highway shall be considered to be adjoined. c. The project site satisfies any of the following:
(1) The site is zoned for residential use or residential mixed-use development. (2) The site has a general plan designation that allows residential use or a mix of residential and nonresidential uses.
(3) The site meets the requirements of the Middle Class Housing Act of 2022 (Gov. Code. Section 65852.24).
d. The project site is not on either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
e. The project site is not located on wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
f. The project site is not located within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code Section 51178, or within the state responsibility area, as defined in Public Resources Code Section 4102. This subparagraph does not apply to sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development, including, but not limited to, standards established under all of the following or their successor provisions:
(1) Public Resources Code Section 4291 or Government Code Section 51182, as applicable. (2) Public Resources Code Section 4290.

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Mendota City CouncilApril 23, 2024

Mendota City Council
April 23, 2024