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Agenda packet

Mendota City Council
May 14, 2024

Document
Agenda packet
Meeting
May 14, 2024
Body
Mendota City Council
Pages
193
Original file
5.7 MB
Text extracted from the city's file for reading and search. Open the original on www.cityofmendota.com. That file is the official record.

CITYOF MENDOTA
ocCantaloupe Center Of The World"

VICTOR MARTINEZ
Mayor
LIBERTAD "LIBERTY" LOPEZ
Mayor Pro Tempore

JOSE ALONSO
JOSEPH R. RIOFRIO

OSCAR ROSALES
AGENDA

MENDOTA CITY COUNCIL
Regular City Council Meeting
City Council Chambers
643 Quince Street
Mendota, California 93640
May 14,2024
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 2nd and 4th Tuesday of every month.

Your interest and participation are encouraged and appreciated. Notice is hereby given that the City Council may discuss and/or take aclion on any or all of the items listed on this agenda. Please 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 Council regarding any item on this regular meeting agenda will be made availabb at the front cpunter at City Hall, located at 643 Quince Street Mendota, CA 93640, during normal business hours, 8am-5pm.
ln compliance with the Americans with Disabilities Act, individuals requiring special assistance to participate at this meeting please contact the City Clerk at (559) 655-3291 or (559) 577-7692. Notification of at least 48 hours prior to the meeting will 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 Spm de lunes a viemes. La notificaci6n de al menos 24 horas antes de la reuni6n permitirS al personal adoptar las disposiciones necesarias para garantizar su participaci6n en la reuni6n.

CALL TO ORDER

ROLL CALL

FLAG SALUTE

INVOCATION

FINALIZE THE AGENDA
Adjustments to Agenda
Adoption of final Agenda

PRESENTATION
Chief of Police Smith to introduce Police Officer Isaac Razo and Police Officer Sergio Climaco.

CITIZENS' ORAL AND WRITTEN PRESENTATIONS
At this time, members of the public may address the City Council on any matter lgulglgd on the agenda involving matters within the jurisdiction of the City Council. Please complete a "request to speak" form and limit your comments to THREE (3) MINUTES. Please give the completed form to the Ci$ 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.

City Council Agenda May 14,2024
1 2
1 1
643 0uince Street Mendota, Calilornia 93640
Telephone: (559) 655-3291 Fresno Line: (559) 266-6456 Far: (559) 655-4064 TDD/[TY 866-735-2919 (English) TDD/T[Y 866-833-4703 (Spanish) www. Gityolmendota.com
The City of Mendota is an equal opportunity provider and employer 1 APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING

1. Minutes of the regular City Council meeting of April 23, 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 24,2024 THROUGH MAY 6,2024
A. WARRANT LIST CHECK NOS. 54735 THROUGH 54812
b. TOTAL FOR COUNCIL APPROVAI- = $406,304.51
Proposed ratification of a letter of support for Westside Family Preservation Services' proposed Sembrador Economic Development Project.

Proposed ratification of a letter of support for the Socio-Environmental Education Network's proposed West Fresno County Socio-Environmental Justice Action Project.

Proposed adoption of Resolution No. 24-19, in the matter of Application No. 24- 01 , Tentative Parcel Map No. 24-01 (Assessor's Parcel Number 013-105-18).

Proposed adoption of Resolution No. 24-20, in the matter of Application No. 24- 02, Tentative Parcel Map No. 24-02 (Assessor's Parcel Number 013-105-19).

Proposed adoption of Resolution No. 24-21, in the matter of Application No. 24- 04, Tentative Parcel Map No. 24-03 (Assessor's Parcel Number 013-1 15-10).

Proposed adoption of Resolution No. 24-22, calling and giving notice of the holding of a General Municipal Election to be held in the City of Mendota on Tuesday, November 5, 2024, for the election of certain officers; requesting the Board of Supervisors of the County of Fresno consolidate and canvass the General Municipal Election to be held on November 5,2024, with the Statewide General Election to be held on that date pursuant to California Elections Code Section 10400, et seq.; to permit the County ClerURegistrar of Voters of the County of Fresno to render specified services to the City of Mendota relating to the conduct of said General Municipal Election pursuant to California Elections Code section 10002; and authorizing reimbursement funds to pay for said services. 2 3

4. 5
6 7
City Council Agenda 2 May 14,2024
1 BUSINESS

2. Counci! discussion and consideration of Resolution No. 24-23, authorizing the addition of one regular full-time entry level police officer position for the Mendota Police Department.
a. Receive report from Chief of Police Smith
b. lnquiries from City Councilto staff
c. Mayor Martinez opens floor to receive any comment from the public d. City Council considers the adoption of Resolution No. 24-23 Council discussion and consideration of Ordinance No. 24-Ol, amending Chapter

12.20 of the Mendota Municipal Code related to the regulation of exclusive use of City facilities.
a. Receive report from City Clerk Cabrera-Garcia
b. lnquiries from City Councilto staff
c. Mayor Martinez opens floor to receive any comment from the public d. City Council considers introduction and waiver of the first reading of Ordinance No. 24-01 and schedules a public hearing for May 28, 2024

PUBLIC HEARING
Council discussion and consideration of the continued 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. lnquiies from City Councilto staff
c. Mayor Martinez opens the public hearing
d. Once all comment has been received, Mayor Martinez c/oses the public heaing
e. Council consrUers the introduction and waiver of the first reading of Ordinance No.24-02

DEPARTMENT REPORTS AND INFORMATIONAL ITEMS
Animal Control, Code Enforcement, and Police Department a) March Monthly Logs
City Engineer
a) Update
City Attorney
1 1

2. 3.

City Council Agenda 3 May 14,2024
4 City Manager
a) Employee Recognition Event

MAYOR AND COUNCIL REPORTS AND INFORMATIONAL ITEMS

1. Council Member(s)

2. Mayor

CLOSED SESSION

CONFERENCE WTH LABOR NEGOTIATORS
Pursuant to Government Code sections 54954.5, subdivision (f), 54957.6 a. Agency Designated Representative: Cristian Gonzalez, City Manager b. Employee Organization: American Federation of State, County and Municipal Employees

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

CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code sections 54954.5, subdivision (f), 54957.6 a. Agency Designated Representative: Cristian Gonzalez, City Manager b. EmployeeOrganization:UnrepresentedManagementEmployees

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
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).

ADJOURNMENT
1 2
3 4

5. City Council Agenda 4 May 14,2024

CERTIFICATION OF POSTING
l, Celeste Cabrera-Garcia, City Clerk of the City of Mendota, do hereby declare that the foregoing agenda for the Mendota City Council Regular Meeting of Tuesday, May 14, 2024, was posted on the outside bulletin board
on Friday, May 10, 2024, by 5:00 p.m.

Quince Street,
Celeste Cabrera-G Clerk
City Council Agenda 5 May 14,2024
Minutes of City Council Meeting 1 April 23, 2024

MINUTES OF MENDOTA

REGULAR CITY COUNCIL MEETING
Regular Meeting April 23, 2024
Meeting called to order by Mayor Martinez at 6:00 PM
Roll Call
Council Members Present: Mayor Victor Martinez, Mayor Pro Tem Libertad “Liberty” Lopez, and Council Members Jose Alonso,
Joseph Riofrio, and Oscar Rosales
Council Members Absent: None
Flag salute led by Mayor Martinez
Invocation led by Albert Escobedo

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 (5 ayes).

PRESENTATIONS

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

Congressman John Duarte commented on his work with the City and the City Council, and provided information on the funding for the Mendota Pavement Improvement Project, including the process of securing the funding.

Minutes of City Council Meeting 2 April 23, 2024
The City Council thanked Congressman John Duarte for his work and shared their experience working with Congressman John Duarte.

RECESS (20 Minutes)
At 6:19 p.m. the Council took a recess and reconvened in open session at 7:03 p.m.

PRESENTATIONS CONTINUED

1. Chief of Police Smith to introduce Police Officer Isaac Razo and Police Officer Sergio Climaco.

CITIZENS ORAL AND WRITTEN PRESENTATIONS
Ofelia Ochoa and Karina Beltran thanked the City Council for their work; commented on the need to continue to support and provide services to special needs children in the City; the possibility of having a walk/run in honor of special needs children in the City; provided an update on the Granja de Favian Project (the “Project”), including inquiring if the City would be able to assist with acquiring property for the Project and the upcoming Celebración del Día de Niño.

Sergio Valdez shared information on Mr. Ray Camacho and commented on a proposed event to honor Mr. Camacho, including details of what will take place at the event.

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

Maria Rodriguez commented on the Fresno Housing Authority Esperanza Commons apartments increasing the price of rent due to the incorrect reporting of income and inquired into whether the City Council would be able to assist with this issue.

Discussion was held on the comments made by Ms. Rodriguez; the possibility of the City investigating as to why this is happening, including reaching out to the Chief Executive Officer of Fresno Housing Authority; Ms. Rodriguez providing her concerns in writing; and the proposed housing development in the City.

Officer Robert Garibay commented on the Adelante Mendota Car show on April 27th; the Mendota Police Officers Association (“MPOA”) proposed scholarship program; and MPOA fundraises, including a firearm raffle and hosting a fireworks stand during the 4th of July.

Discussion was held on the comments made by Mr. Garibay; on the proposed Cruise Night event and the firearm raffle.

Community Service Officers (“CSOs”) Sandoval and Peña commented on the Adelante Mendota Car show scheduled for April 27th; their assistance with the Celebración del Día de Niño; thanked the City Council, Chief of Police, and the Mendota Police Department for the opportunity to serve the City as CSOs; and stated that their final day as CSO’s for the Minutes of City Council Meeting 3 April 23, 2024
City will be on April 30th due to funding from Proposition 64: The Adult Use of Marijuana Act ending.

Discussion was held on the comments made by CSOs Sandoval and Peña.

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.

A motion was made by Council Member Rosales to approve items 1 and 2, seconded by Council Member Riofrio; unanimously approved (5 ayes).

CONSENT CALENDAR

1. APRIL 5, 2024 THROUGH ARPIL 15, 2024
a. WARRANT LIST CHECK NOS. 54679 THROUGH 54734
b. TOTAL FOR COUNCIL APPROVAL = $1,556,038.67

2. 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.

3. 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.

4. 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.

5. Proposed adoption of Resolution No. 24-18, approving the acceptance of grant funds for the Mendota Community Center Project.

A motion was made by Council Member Rosales to approve items 1 through 5 of the Consent Calendar, seconded by Council Member Alonso; unanimously approved (5 ayes).

BUSINESS

1. Council discussion and consideration of Ordinance No. 24-01, amending Chapter

12.20 of the Mendota Municipal Code related to the regulation of exclusive use of City facilities.

Minutes of City Council Meeting 4 April 23, 2024

2. Council discussion and consideration of authorizing a Letter of Support for Assembly Bill No. 2661, introduced by Assembly Member Soria, which aims to repurpose agricultural lands for the purpose of clean energy development.

Mayor Martinez introduced the item and City Manager Gonzalez provided the report.

Discussion was held on the report provided by City Manager Gonzalez; the possibility of sending a letter to Assembly Member Soria to express the need for the City to expand to allow for more housing; multiple families living in a single household in the City, and the need to prioritize community needs.

Mayor Martinez opened public comment.

Sergio Valdez requested information on Assembly Bill No. 2661; commented on previous attempts to repurpose land near the City for the installation of solar panels, including the rejection of this proposal by previous City Council Members.

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

Ofelia Ochoa inquired into whether Assembly Member Soria was requesting the proposed letter of support for Assembly Bill No. 2661.

Discussion was held on the inquiry made by Ms. Ochoa and the desire to oppose the proposed letter of support.

Raymond Aquino commented on the possibility of sending a letter to Assembly Member Soria to express the need for more housing in the City; the City Council opposing the letter of support for Assembly Bill No. 2661 and the need for housing in the City.

Mayor Martinez closed public comment period.

A motion was made by Mayor Martinez to not authorize a letter of support for Assembly Bill No. 2661, seconded by Mayor Pro Tem Lopez; unanimously approved (5 ayes).

3. Council discussion and consideration of purchasing body-worn cameras for the Mendota Police Department.

Mayor Martinez introduced the item and Chief of Police Smith provided the report.

Discussion was held on the report provided by Chief Smith; the need to treat community members with respect; the need to educate community members who are in violation of the law; the need to keep Mendota police officers from leaving the Department; the need to maintain a strong police department; the positive impact that body worn cameras can have; the discretion that police officers have when writing citations; ensuring that police officers treat community members fairly and respectfully; the timeline for testing body worn cameras and acquiring quotes, and the records maintenance of footage captured by body Minutes of City Council Meeting 5 April 23, 2024
worn cameras.

Officer Garibay with the Mendota Police Officers Association commented on police personnel and the work that they do.

Discussion was held on the roles and responsibilities of Council Members and police officers in the City.

Joseph Amador commented on other law enforcement agencies in Fresno County that have implemented body worn cameras; the roles and experiences of police officers; a former Chief of Police; and the need to hold Public Safety Sub-Committee meetings.

At 8:09 p.m. Mayor Pro Tem Lopez left the Council Chambers.

Ofelia Ochoa stated that police officers should treat community members with respect.

At 8:11 p.m. Mayor Pro Tem Lopez returned to the Council Chambers.

Sergio Valdez commented on the benefits of implementing body worn cameras and the need for police officers to treat community members with respect.

Mayor Martinez closed the public comment period.

Discussion was held on the importance of maintaining a safe community and ensuring that community members are treated respectfully.

A motion was made by Council Member Riofrio to direct staff to proceed with the next steps in acquiring body worn cameras for the Mendota Police Department, seconded by Council Member Rosales; unanimously approved (5 ayes).

PUBLIC HEARING

1. 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.

Mayor Martinez introduced the item and Assistant City Attorney Castro stated that the item was not removed from the agenda due to the public noticing that was previously sent out regarding the Public Hearing.

A motion was made by Council Member Riofrio to continue the Public Hearing at the May 14, 2024 City Council meeting, seconded by Mayor Pro Tem Lopez; unanimously approved (5 ayes).

Minutes of City Council Meeting 6 April 23, 2024

DEPARTMENT REPORTS AND INFORMATIONAL ITEMS

1. Animal Control, Code Enforcement, and Police Department a) March Monthly Logs

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

3. City Manager
City Manager Gonzalez had nothing to report.

MAYOR AND COUNCIL REPORTS AND INFORMATIONAL ITEMS

1. Council Member(s)
Mayor Martinez thanked staff for their work; commented on the Community Center Project; the funding received for the Mendota Pavement Project; the Mendota Police Department; and the streetlight data collection and mapping project.

Council Member Rosales thanked those in attendance.

Council Member Riofrio had nothing to report.

Mayor Pro Tem Lopez encouraged those in attendance to attend upcoming City events; commented on the need to continue to champion for additional funding for the City, and thanked everyone for their work.

Council Member Alonso had nothing to report.

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

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 Minutes of City Council Meeting 7 April 23, 2024

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

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. 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 8:19 p.m. the City Council moved into closed session.

At 8:49 p.m. the City Council reconvened in open session and Assistant City Attorney Castro stated that in regard to items 1,3, and 4 of the closed session there were no reportable actions.

ADJOURNMENT
With no more business to be brought before the Council, a motion for adjournment was made at 8:49 p.m. by Mayor Martinez, seconded by Council Member Alonso; unanimously approved (5 ayes).
_______________________________
Victor Martinez, Mayor
ATTEST:
_______________________________
Celeste Cabrera-Garcia, City Clerk

CITY OF MENDOTA

CASH DISBURSEMENTS
04/24/2024 - 05/06/2024
CK# 054735 - 054812
Check Date Check Number Check Amount Vendor Name Department Description April 24, 2024 54735 $ 164,825.00 CITY OF MENDOTA PAYROLL GENERAL PAYROLL TRANSFER 4/08/2024 - 4/21/2024 April 25, 2024 54736 $ 1,353.13 A-1 NATIONAL FENCE WATER BACKFLOW FENCE SUPPLIES-(1) 2 3/8X9 ,6-4X10 POSTS April 25, 2024 54737 $ 72.05 ADT SECURITY SERVICES WATER SECURITY SERVICES FOR 5/4/2024 - 6/3/2024 WATER PLANT April 25, 2024 54738 $ 517.28 AFLAC GENERAL AFLAC INSURANCE FOR APRIL 2024 April 25, 2024 54739 $ 57.51 AIRGAS USA, LLC WATER CYLINDER RENTAL SMALL CARBON DIOXIDE MARCH 2024 April 25, 2024 54740 $ 198.00 ALTA LANGUAGE SERVICES, INC. GENERAL (3) LISTENING AND SPEAKING TEST LIVE (PD) April 25, 2024 54741 $ 23.03 AUTOZONE, INC. GENERAL
(1)TURTLE WAX WASH AND WAX (PD) AND (1)PROELITE FIRE HOSE

NOZZLE (PD)
April 25, 2024 54742 $ 990.00 MADERA DISPOSAL SYSTEMS INC GENERAL ANIMAL CONTROL 33 TONS TICKET#455431&456254
April 25, 2024 54743 $ 2,327.03 BADGER METER WATER
BEACON SERVICE FOR MARCH 2024
April 25, 2024 54744 $ 421.53 BELMONT NURSERY GENERAL
CERCIS C.OKLAHOMA LOW HEAD#15 P.O GABRIEL
April 25, 2024 54745 $ 435.00 BMI GENERAL
MUSIC LICENSE 4/01/2024 - 3/31/2025
April 25, 2024 54746 $ 1,925.00 BSK ASSOCIATES WATER, SEWER WW WEEKLY GRAB SAMPLE,BOD,TDS 3/19/2024, 4/02/2024, 4/09/2024 & 4/16/2024. GENERAL EDT MONTHLY 3/15/2024, 3/26/2024, 4/09/2024.

April 25, 2024 54747 $ 165.27 CALIFORNIA STATE LANDS COMMISS WATER ANNUAL RENTAL DUE PERIOD 06/23/2024 - 6/22/2025
April 25, 2024 54748 $ 130.04 CALTRONICS BUSINESS SYSTEMS GENERAL, WATER, SEWER

LOW AND HIGH DENSITY AND MONO COLOR LINE
April 25, 2024 54749 $ 269.05 CHEMSEARCH WATER
(1) SERVICE CHARGE-DRAIN MAINTENANCE
April 25, 2024 54750 $ 189.51 CINTAS CORPORATION NO. 2 GENERAL, WATER, SEWER FIRST AID KIT SUPPLIES FOR PD,CH,PW 4/03/2024
April 25, 2024 54751 $ 173.89 CORELOGIC INFORMATION GENERAL, WATER, SEWER REAL QUEST SERVICE FOR MARCH 2024
April 25, 2024 54752 $ 1,049.41 CORBIN WILLITS SY'S INC. GENERAL, WATER, SEWER ENHANCEMENT & SERVICES FEE MAY 2024 MOMS April 25, 2024 54753 $ 438.14 CORE & MAIN LP WATER
(1)CL1-9.40X12 8X12 REP CLP9.00-9.40 OD
April 25, 2024 54754 $ 1,406.92 CROWN SERVICES CO. GENERAL, SEWER TOLIET 2XWK 350 SORENSEN AVE, BASS AVE(POOL PARK), LOZANO PARK BASS & HWY 33, AND 1300 2ND ST 2/16/2024 - 4/11/2024 April 25, 2024 54755 $ 7,840.45 DELTA SAND, GRAVEL & RECYCLING GENERAL, WATER, STREETS (29.33 HRS)TRUCKING LOADS / HOURS WWTP TO ROJAS PARK, AND (8) SCRAPED FIELD FOR ROCKS & VEG, (4) GRADED & FINAL
April 25, 2024 54756 $ 105.00 DEPARTMENT OF JUSTICE GENERAL (2) BLOOD ALCOHOL ANALYSIS FEBRUARY 2024 AND (1) BLOOD ALCOHOL

ANALYSIS (PD)
April 25, 2024 54757 $ 11,331.00 STANTEC CONSULTING SERV. SEWER GROUNDWATER SAMPLING AND REPORTING 3TH & 4TH QRT
April 25, 2024 54758 $ 13,828.50 EMPLOYER DRIVEN INSURANCE SERV GENERAL BILLING SUMMARY FOR MAY 2024 AND CLAIMS PAID FOR MARCH 2024 April 25, 2024 54759 $ 338.66 EMPLOYEE RELATIONS, INC WATER, SEWER (3) EMPLOYEES PW & PU BACKGROUND MVR & CRIMINAL COURT
April 25, 2024 54760 $ 250.60 FRESNO COUNTY SHERIFF GENERAL PRISONER PROCESSING SERVICES 3RD QTR 1/1/2024 - 3/31/2024 April 25, 2024 54761 $ 74.21 GEMPLER'S INC. WATER, SEWER (2) MLT-PUPR MESH XL, (1) MLT-PUPR MESH LARGE AND (2) MLT-PUPR TWO TONE MESHXL, (1) MLT-PUPR MESH LARGE
April 25, 2024 54762 $ 890.00 GONZALEZ TOWING & TRANSPORT STREETS (2) MEDIUM WRECKER TK # 13-TOWED DODGE 4500 TRUCK AND (1) 2

PLUG PATCHED FOR JOHN DEERE SKIPLOADER
April 25, 2024 54763 $ 36,661.99 GUTHRIE PETROLEUM INC

GENERAL, WATER, SEWER,

STREETS
(10) 2 1/2 CHEV.GST OIL 32, (1594)BLK DIESEL FUEL NO.2, AND (6972)BLK

UNLEASED GASOLINE
April 25, 2024 54764 $ 2,048.70 HD SUPPLY WHITE CAP CONSTRUCTI SEWER (50) FLAT DOMESTIC STEEL, (50) SUPPOTEK OSHA, AND (50)FLAT DOMESTIC STEEL STAKE, (40) REBAR SOLD/PC
April 25, 2024 54765 $ 325.00 INSYARATH, KHAMPHOU GENERAL POLICE DEPARTMENT STATISTICS FOR MARCH 2024
April 25, 2024 54766 $ 1,996.92 JMP OFFICE TECHNOLOGIES GENERAL, WATER, SEWER (1) 3 STATION EXPERT : 3 AUTO FDR+CIS SCANNER

CITY OF MENDOTA

CASH DISBURSEMENTS
04/24/2024 - 05/06/2024
CK# 054735 - 054812
April 25, 2024 54767 $ 1,546.98 SIMPLOT GROWER SOLUTIONS GENERAL (690)1.121 TONS 19-0.0-0. 23.4S 2.74FE,AND (690 TON) FERT 19.0-0.0-

0.023.4 S2.74-SOCCER FIELD
April 25, 2024 54768 $ 1,459.08 KOPPEL & GRUBER GENERAL CFD.NO.2006-1 AND L&L DISTRICT NO 2019-1 ANNUAL ADMIN.SERVICE JANUARY - MARCH 2024
April 25, 2024 54769 $ 612.98 LEAF GENERAL, WATER, SEWER (2) KYROCERA COPIER SYSTEM APRIL 2024
April 25, 2024 54770 $ 2,536.96 MUTUAL OF OMAHA GENERAL LIFE AD&D, LTD,S TD INSURANCE FOR MAY 2024
April 25, 2024 54771 $ 2,671.52 NORTHSTAR CHEMICAL WATER (785) SODIUM HYPOCHLORITE-12.5%MILL A
April 25, 2024 54772 $ 2,015.00 PURCHASE POWER GENERAL, WATER, SEWER POSTAGE MACHINE METER REFILL 3/29/2024 & 4/11/2024
April 25, 2024 54773 $ 604.27 R.G. EQUIPMENT COMPANY GENERAL (1)DECK MAIN BLET, (1) 60"DECK BLADE BELT-V
April 25, 2024 54774 $ 1,409.40 RRM DESIGN GROUP GENERAL MENDOTA COMMUNITY CENTER CON.PROGRAM APRIL 2024
April 25, 2024 54775 $ 29.95 SEBASTIAN GENERAL
SECURITY SERVICES FOR 3/15/2024-3/22/2024
April 25, 2024 54776 $ 399.96 UNION PACIFIC RAILROAD COMPANY STREETS 10TH & MARIE, MARIE ST, N BELMONY AVE-MAY 2024
April 25, 2024 54777 $ 786.49 STATE OF CALIFORNIA STREETS SIGNALS & LIGHTIG BILLING JANUARY 2024 - MARCH 2024
April 25, 2024 54778 $ 535.00 MARK ANTHONY DUARTE GENERAL, WATER, SEWER

PEST CONTROL SERV FOR ROJAS PARK, CH/DMV/YOUTH CENTER, WTP, PUBLIC WORKS, PD, AMBULANCE ROOM 3/26/2024
April 25, 2024 54779 $ 2,648.35 THE HOME DEPOT GERNEAL, WATER, SEWER (3)4X4-8FT PT GC BROWN WW,(1)2"CONSTRUCTION SCREW,
(1)1/4NPTX1/4 AIR KIT,(1)1/4 STEEL F COMBO COUPLER
April 25, 2024 54780 $ 5,000.00 TOWNSEND PUBLIC AFFAIRS, INC. GERNEAL, WATER, SEWER GRANT CONSULTING SERVICES FOR APRIL 2024
April 25, 2024 54781 $ 583.40 TRIANGLE ROCK PRODUCTS,LLC STREETS (7.28)ST 1/2IN HMA TYPE A,ENV.FEE-AGG & ASPHALT
April 25, 2024 54782 $ 600.00 UNITED HEALTH CENTERS GENERAL, WATER, SEWER (3)PRE-EMPLOYMENT PHYSICAL EXAM APRIL 2024
April 25, 2024 54783 $ 728.00 VETERINARY MEDICAL CENTER GENERAL (14)CITY EUTHANASIA
April 25, 2024 54784 $ 4,003.50 WANGER JONES PC ATTORNEY GENERAL PROF SERV:CITY ATTHORNEY GENERAL SERV MARCH 2024
April 30, 2024 54785 $ 200.82 AMAZON CAPITAL SERVICES, INC GENERAL WALL MOUNTED SUGGESTION BOX-PD,(2)50PK REFLEC VEST
April 30, 2024 54786 $ 538.10 CHEMSEARCH WATER
(2) SERVICE CHARGE - DRAIN MAINTENANCE
April 30, 2024 54787 $ 300.00 CHRISTIAN LIFE TABERNACLE GENERAL DEPOSIT REIMBURSEMENT-USE ROJAS-PARK 4/21/24
April 30, 2024 54788 $ 1,264.54 LIGHTHOUSE ELECTRICAL INC WATER SERV.AGREEMENT(4)ELECTRICAN,(0.5)TOOL,(37.5)TRAVEL
April 30, 2024 54789 $ 33,811.53 PG&E

GENERAL, WATER, SEWER,

STREETS
WATER DEPARTMENT UTILITIES 3/21/2024 - 4/10/2024
April 30, 2024 54790 $ 24,668.05 THOMPSON MOTOR SALES/TRAILERS GENERAL 2024 FOREST RIVER CARGOMATE E-SERIES DUI OTS CHECK
May 6, 2024 54791 $ 368.81 ADT SECURITY SERVICES GENERAL,WATER, SEWER SECURITY SERVICES DMV & CITY HALL 5/13/2024 - 6/12/2024 May 6, 2024 54792 $ 34,765.61 AETNA LIFE INSURANCE COMPANY GENERAL MEDICAL INSURANCE FOR MAY 2024
May 6, 2024 54793 $ 1,132.91 ARAMARK GENERAL,WATER, SEWER PUBLIC WORKS UNIFORM SERVICE 2/29/2024, 3/07/2024,3/21/2024, 3/28/2024, 4/04/2024, 4/11/2024, AND 4/18/2024
May 6, 2024 54794 $ 719.66 AT&T GENERAL,WATER, SEWER
CITYWIDE TELEPHONE SERVICES 3/25/2024 - 4/24/2024
May 6, 2024 54795 $ 269.05 CHEMSEARCH WATER
(1)SERVICE CHARGE-DRAIN MAINTENANCE
May 6, 2024 54796 $ 493.00 FRESNO COUNCIL OF GOVERNMENTS GENERAL,WATER, SEWER MEMBER DUES FOR 2023-2024
May 6, 2024 54797 $ 6,334.20 DELTA SAND, GRAVEL & RECYCLING SEWER (4) BASE ROCK LOADS (58.62 TONS) SEWER BUILDING, (8)BASE ROCK LOADS-117.81 TONS,(1) FILL SAND-15.25 TONS
May 6, 2024 54798 $ 785.76 HD SUPPLY WHITE CAP CONSTRUCTI SEWER (1) ATR GALV, (24) ROUND HOLE HDG, (72) CLEAR POLYFILM
May 6, 2024 54799 $ 502.44 JAM SERVICES, INC STREETS
(4) POLARA BULLDOG MOMNETARY YELLOW, (4) PPBSIGN

CITY OF MENDOTA

CASH DISBURSEMENTS
04/24/2024 - 05/06/2024
CK# 054735 - 054812
May 6, 2024 54800 $ 1,554.85 SIMPLOT GROWER SOLUTIONS 99 1025 (60) OZ+TREEVIX & (15) GAL+INVADE
May 6, 2024 54801 $ 800.00 LAW & ASSOCIATES GENERAL
(1) LAW ENFORCEMENT BACKGROUND INVESTIGATION B.XION
May 6, 2024 54802 $ 714.11 M.C REPAIRS FULL DIAGNOSTIC GENERAL 2018 FORD : REMOVED AND REPLACED HEADLAMP ASSEMBLY AND
SPARK PLUS, AND 2005 FORD-CROWN VIC : OIL CHANGE 3 UNITS May 6, 2024 54803 $ 70.00 MENDOTA 1 SMOG GENERAL
2015FORD-POLICE INTERCEPTOR CHECK FOR NOT STARTING
May 6, 2024 54804 $ 362.20 METRO UNIFORM GENERAL
(1)UNDERVEST MENS, MENS LAPD, (4) SHLDR PATCH, (1)LSSH MENS LAPD,(1)UNDER CARRIER FOR CUBIAS AND J.PEREZ
May 6, 2024 54805 $ 290.22 RAMON'S TIRE & GENERAL
FORDF-250 TIRE REAPID,LIGHT TIRE&WHEEL,LUG NUTS
May 6, 2024 54806 $ 320.00 SAN JOAQUIN VALLEY AIR WATER 23/24 ANNUAL AIR TOXIC ASSESSMENT-1300 2ND ST AND B & BRANCH May 6, 2024 54807 $ 1,370.28 STEAM CLEANERS, INC. GENERAL, WATER, SEWER (1)BATTERY, COUPLER, PLUG, THERMOSTAT, MOTOR OIL & LABOR May 6, 2024 54808 $ 12,045.17 BANKCARD CENTER GENERAL, WATER, SEWER CREDIT CARD PURCHASE 3/26/2024 - 4/23/2024 - CENTRAL VALLEY

SALINITY,UTILITY BILLING WORKSTATION, LOGO&TEAM SPORTSWEAR May 6, 2024 54809 $ 316.84 TRIANGLE ROCK PRODUCTS,LLC GENERAL, STREETS (15.65) WASHED CONCRETE SAND AGG & APSHALT
May 6, 2024 54810 $ 750.51 USA BLUEBOOK WATER
(1) OR HACH DPD FREE CHLORINE
May 6, 2024 54811 $ 679.55 VULCAN MATERIALS COMPANY STREETS (6.82) COLD MIX 3/8 SC8 AGG & ASPHALT POTHOLES CW
May 6, 2024 54812 $ 47.64 ERIKA TORRES WATER
MQ CUSTOMER REFUND FOR SAL0032
$ 406,304.51
CITYOF MENDOTA 6e Cantaloupe Center Of The World"
April 30, 2024
To: Central San Joaquin Valley Jobs First
c l o v allemsh-s f[r$I-@seufi.{}h,rx} Lsyslsrg
Re: Westside Family Preservation Services - Sembrador Economic Development Project We, the signatories, hereby express our support for the Westside Family Preservation Services submission to the CERF Catalyst Grant program entitled "sembrador Economic Development Project".

We desperately need economic development in San Joaquin Valley communities due to climate change, periodic droughts, and the retirement of farmlands from production. The Sembrador Economic Development Project would create economic opportunities through the establishment of a Community Development Financial Institution (CDFI).

A CDFI could plant the seeds which will enable our local economies to thrive, retain our populations and grow our tax base while respecting the environment and each community's distinct characteristics.

We need to build a network of small and family-owned businesses, startups and new entrepreneurs who will form a backbone of self-sufficient enterprises connecting the region. The CDFI would be the conduit for Treasury, USDA, Fed/State funding, private philanthropy, and financial institutions.

Thank you for your consideration in this matter
"tf,.,#.- r{fr{WVictor Mart lnez,Mayo$-
City of Mendota
643 0uince Street Mendota, Calilornia 93640
Telephone: (559) 655-3291 Fresno Line: (559) 266-6456 Far: (559) 655-4064 TDD/ITY 866-735-2919 (English) TDD/ITY 866-833-4703 (Spanish) www. Gityolmendota. com
The City ol Mendota is an equal opportunity prouider and employer

CITYOF MENDOTA
ooCantaloupe Center Of The World"
April 30, 2024
Central Valley Community Foundation
Dear Cenffal Valley Community Foundation Committee,
I am pleased to offer this letter of commitment in support of the proposal titled "West Fresno County Socio-Environmental Justice Action," put forth by the Socio-Environmental Education Network (SEEN). This proposal is presented for your consideration in response to the Catalyst Request for Proposals initiated by the Central Valley Community Foundation.

The Catalyst funding holds significant importance in facilitating crucial endeavors such as community hires, training programs, and educational initiatives tailored for children. Additionally, it will contribute to the enhancement of air quality monitoring through community science and the advancement of local micro and small businesses. Our comprehensive approach includes a wide array of workshops covering vital topics such as air and water quality, sustainable agriculture, computational and financial literacy, alongside initiatives focused on farmer's market management, food security, and climate justice advocacy. Through these concerted efforts, our primary aim is to empower communities and propel environmental sustainability forward, by providing essential support and leveraging scientific expertise to nurture independence and resilience within environmental justice communities.

Every year we face new challenges in the Central Valley, from year to year we don't know if we will have water or not. If we do have water, we always face the challenge of having good water quality. We need to get to the front of this problem and face it. In the Central Valley we also face bad air quality, which is created by the many environmental challenges, another reason why we need to get in front of this and find a sustainable solution. In addition, our low-income communities face economic challenges and lack of adequate socioeconomic opportunities, often because of insufficient invesffnents. But I believe that we can improve the well-being of our communities. This is why I support the efforts of SEEN.

The City of Mendota is firmly committed to supporting the necessary endeavors of SEEN and its partners to realize the proposed objectives. These goals serve our vision to enhance the economic and environmental resilience of our region, fostering independence and improving the quality of life for all residents.

Sincerely,
'$fu# o{i*}'WilVictor Martin ez, Mayor (*,
City of Mendota
643 Quince Street Mendota, California 93640
Telephone: (559) 655-3291 Fresno Line: (559) 266-6456 Fax: (559) 655-4064 TDD/ITY 866-735-2919 (English) TDD/ITY 866-833-4703 (Spanish) www.cityolmendota.com
The City ol Mendota is an equal opportunity prouidel and employel 1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: JEFFREY O’NEAL, AICP, CITY PLANNER
VIA: WYATT CZESHINSKI, ASSISTANT CITY PLANNER
SUBJECT: APPLICATION NO. 24-01, TENTATIVE PARCEL MAP NO. 24-01 DATE: MAY 14, 2024
ISSUE
Shall the City Council adopt Resolution No. 24-19, approving an exemption under the California Environmental Quality Act (“CEQA”) and approving Tentative Parcel Map (“TPM”) No. 24-01?

BACKGROUND
The Planning and Building Department has received an application for a TPM which proposes to subdivide Assessor’s Parcel Number (“APN”) 013-105-18, a 0.172-acre site, into two smaller parcels. The site is currently vacant and undeveloped. At this time, no new development is being proposed, nor is a land use change or rezone proposed.

Applicant/Owner: Guillermina Meza
Representative: Peter Moua, Moua Engineering & Surveying LLC Location: (APN 013-105-18) Marie Street and Seventh Street See Attachment 1
Site Size: 0.172 acres (7,500 square feet)
General Plan: Medium Density Residential
Zoning: R-2 (Multiple Family Medium High Density Residential- Min. 3,000 SQ. FT. per lot)
See Attachment 2
Existing Use: Vacant
Surrounding Uses: Northeast – Residential; R-1
Southeast – Vacant; R-2
Southwest – Railroad; M-1
Northwest – Vacant; R-2
Street Access: Marie Street, Public Alleyway
The Planning Commission recommended approval of the project at its regularly scheduled April 16, 2024, meeting.

ANALYSIS
The California Subdivision Map Act (“Map Act”) (Government Code section 66410, et seq.) establishes most of the procedures for subdivision of land. Other components are contained within Title 16 (“Subdivision Ordinance”) of the Mendota Municipal Code. Generally, a parcel map is required in order to subdivide land into four or fewer parcels. Note the distinction of a 2 “tentative parcel map” versus simply a “parcel map.” As indicated in the Map Act, a parcel map is immediately recordable following its approval, while approval of a tentative map is only the first step in a two-step process. The Subdivision Ordinance provides applicants the option of submitting a parcel map or a tentative parcel map. This allows the City flexibility in applying conditions of approval while granting the subdivider an additional year (two instead of one) during which to record a final map or parcel map. Although the Subdivision Ordinance indicates that tentative parcel maps are valid for one year following approval, the Map Act indicates that they are valid for two years and is the controlling law.

TPM No. 24-01 proposes to subdivide the approximately 0.172-acre (7,500 square feet) parcel into two parcels identified as “Parcel 1” and “Parcel 2” (see Attachment 3). They will be referred to as such throughout this report. Both Parcel 1 and Parcel 2 would contain approximately 0.086 acres (3,750 square feet). No further development of or land use entitlements for any of the resultant parcels is being proposed at this time; any future development and/or new uses would be subject to the appropriate land use application(s).

Senate Bill 9 (“SB9”) went into effect on January 1, 2022. This bill allows for a one-time lot split of an existing single family residential parcel into two parcels. An application for an urban lot split under SB9 must be considered ministerially, without discretionary review or a hearing. The public official(s) merely ensures that the proposed development meets all the applicable objective standards for the proposed action but uses no special discretion or judgement in reaching a final decision. The table below provides lot split requirements and compliance under SB9 for the proposed lot split:

Requirement Analysis
Urban Setting/ Single Family Zoning
The property is located in a single-family
residential zone located within a city, the
boundaries of which include some portion of
either an urbanized area or urban cluster, as
designated by the United States Census Bureau.

The property is located within the R-2 (Multiple
Family Medium High Density Residential- Min.
3,000 SQ. FT. per lot) zone district, where singlefamily residences are allowed.

Lot Size/Ratio
The urban lot split would not result in any of the
following:
• The creation of a lot less than 1,200 square feet.
• The creation of a lot that is less than 40% or
more than 60% of the original lot size
The proposed lot split will split a 7,500 square
foot lot into two 3,750 square foot lots
(50%/50%). The resulting lots are not required to
conform to the R-2 standards for area or
dimensions.

No Previous Lot Split
The lot cannot have been not previously
subdivided under SB9
No previous SB9 Lot Split has occurred on the
subject property.

No adjacent lot splits
The property owner, or a person working in
concert with the property owner, is not proposing
an urban lot split on an adjoining lot.

Property owner is not proposing a lot split on an
adjacent lot.

Public Street Access
Each lot created by the urban lot split would have
direct access to a public street, or would have
Parcel 2 would have access off of Marie Street,
while Parcel 1 would have access off of a public
alleyway.
3 access to a public street through an easement.

Subdivision Map Act Compliance
The urban lot split will comply with all
requirements of the Subdivision Map Act, except
as otherwise expressly provided in SB9
Review determined compliance.

ENVIRONMENTAL
The first step in complying with 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 the issuance to a person of a “lease, permit, license, certificate, or other entitlement for use” as described in CEQA Guidelines Section 15378.

Under Government Code section 66411.7, subdivision (a)(1), SB9 approvals are considered to be ministerial actions. CEQA Guidelines section 15268 indicates that ministerial actions are exempt from the CEQA review process. Therefore, the project is exempt under CEQA and a notice of exemption should be filed following project approval.

PUBLIC NOTICE
A notice of public hearing is not required for urban residential lot splits subject to SB9.

CITY COUNCIL FINDINGS
Parcel maps for residential urban lot splits must meet certain requirements contained in Government Code section 66411.7, subdivision (a), in order to be approved. These requirements are discussed below:

FINDING A: The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.

The proposed subdivision would divide the existing parcel into two smaller parcels of equal size.

The project would split a parcel of 7,500 square feet into two parcels of 3,750 square feet.

FINDING B: Both newly created parcels are no smaller than 1,200 square feet.

As discussed above, the two newly created parcels would each be 3,750 square feet in size.

FINDING C: The parcel is located within a single-family zone district.

The existing and resulting parcels would be located within the R-2 (Multiple Family Medium High Density Residential - Min. 3,000 SQ. FT. per lot) zone district, where single-family residences are allowed.
4 FINDING D: The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.

The proposed lot split would be located within the city limits of the City of Mendota, an urbanized area.

FINDING E: The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.

The proposed subdivision would satisfy the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.

FINDING F: The proposed urban lot split would not require demolition or alteration of any of the following types of housing:
(i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (ii) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.
(iii) A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. (iv) Housing that has been occupied by a tenant in the last three years.

The project site is vacant and undeveloped. No demolition activity or removal of housing would result from the proposed subdivision.

FINDING G: The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.

The subject parcel is not located within a historic district or is a property included on the State Historic Resources Inventory, nor is it a site that is designated or listed by the City of Mendota or County of Fresno as a landmark or historic property or district pursuant to a City or County ordinance.
5 FINDING H: The parcel has not been established through prior exercise of an urban lot split.

An urban lot split has not occurred for the subject property within the past.

FINDING I: Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split.

The property owner of the subject parcel, nor any other person has acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split.

FISCAL IMPACT
Review and processing of TPMs are paid for by the applicant, and the project is responsible for payment of all applicable development impact fees. No development has been proposed. Any future development would be responsible for payment of fees consistent with the appropriate standards at the time of application.

RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 24-19, approving the filing of a notice of exemption under CEQA and approving TPM No. 24-01.

Attachments:

1. Aerial Map

2. Zoning Map

3. TPM No. 24-01

4. Resolution No. 24-19
6 Attachment 1: Aerial Map
7 Attachment 2: Zoning Map
8 Attachment 3: TPM No. 24-01
9 Attachment 4: Resolution No. 24-19
1 BEFORE THE CITY COUNCIL
OF THE

CITY OF MENDOTA, COUNTY OF FRESNO
RESOLUTION NO. 24-19

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA IN THE MATTER OF APPLICATION NO. 24-01, TENTATIVE PARCEL MAP NO. 24-01 (ASSESSOR’S PARCEL NUMBER 013-105-18)
WHEREAS, on February 7, 2024, the City received a request for a tentative parcel map (“TPM”) by Peter Moua, on behalf of Guillermina Meza, the applicant; and WHEREAS, the proposal has been designated Application No. 24-01, consisting of TPM No. 24-01; and
WHEREAS, Application No. 24-01 proposes to subdivide an existing parcel of approximately 0.172 acres (Assessor’s Parcel Number 013-105-18) into two smaller parcels of approximately 0.086 acres (3,750 square feet) each, respectively, and that said subdivision of property is subject to the provisions of Government Code section 66410, et seq.; and
WHEREAS, no development is proposed at the project site at this time; and WHEREAS, the project has satisfied the requirements of Government Code section 66411.7, subdivision (a); and
WHEREAS, at a regular meeting on April 16, 2024, the Mendota Planning Commission considered Application No. 24-01, forwarding a recommendation to the City Council and recommending approval of the project; and
WHEREAS, at a regular meeting on May 14, 2024, the Mendota City Council considered Application No. 24-01; and
WHEREAS, approval of a TPM consists of a “lease, permit, license, certificate, or other entitlement for use”, and is therefore a “project” pursuant to the California Environmental Quality Act (“CEQA”), Public Resources Code section 21000, et seq., and the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, section 15000, et seq.; and
WHEREAS, as the agency primarily responsible for carrying out or approving said project, the City of Mendota assumes the role of lead agency pursuant to CEQA; and WHEREAS, the project is considered a residential urban lot split under California Senate Bill 9; and
2 WHEREAS, California Senate Bill 9 residential urban lot splits are processed ministerially in accordance with Government Code section 66411.7, subdivision (b)(1); and
WHEREAS, ministerial projects are exempt from CEQA under CEQA Guidelines Section 15268 and a notice of exemption will be filed for the project subsequent to approval; and
WHEREAS, under Title 16 of the Mendota Municipal Code, the City Council has the authority to approve TPMs.

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

1. Finds that the foregoing Recitals are true and correct.

2. Finds that TPM No. 24-01 subdivides an existing parcel to create no more than two new parcels of approximately equal lot area as required.

3. Finds that both new parcels are no smaller than 1,200 square feet in size as required.

4. Finds that these parcels are located within a single-family zoning district as required.

5. Finds that these parcels are located within the City’s borders as required.

6. Finds that these parcels satisfy the requirements of subparagraphs (B) through (K) of Government Code section 65913.4, subdivision (a)(6).

7. Finds that this lot split will not require demolition or alteration of existing housing as required.

8. Finds that these parcels are not located within a historic district or property in the State Resources Historic Resources Inventory, or within a site that is designated or listed as a City or County landmark or historic property or district.

9. Finds that the initial parcel has not been established through a previous urban lot split as required.

10. Finds that neither the parcel owner nor any person acting in concert with them has previously subdivided an adjacent parcel using an urban lot split.

11. Finds that Application No. 24-01, consisting of TPM No. 24-01, is exempt from CEQA pursuant to California Code of Regulations, Title 14, section 15268.

Accordingly, the City Clerk is directed to file a notice of exemption. 3 12. Approves Application No. 24-01, consisting of TPM No. 24-01, substantially as illustrated in Exhibit “A” hereto and subject to the conditions contained in Exhibit “B” hereto.
______________________________
Victor Martinez, Mayor
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 Mendota City Hall on the 14th day of May, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk
Exhibit “A”
Resolution No. 24-19
4 Exhibit “B”
Resolution No. 24-19
5 As may be used herein, the words “subdivider”, “owner,” “operator”, and “applicant” shall be interchangeable. Conditions of approval related to future development of the project site are either expressly (i.e., specific references using the term “future development” or similar) or impliedly (i.e., referring to activities that could only occur during site development) related, and shall be applicable at the time of approval of said future development.

General

1. The map shall be designated “Tentative Parcel Map No. 24-01”.

2. Tentative Parcel Map No. 24-01 shall be valid for a period of 24 months from the date of its approval or conditional approval by the City Council. Extensions to this period may be requested pursuant to Section 66453.3 of the California Subdivision Map Act.

3. Following City Council approval or conditional approval of the tentative parcel map and prior to its expiration, the subdivider may submit a final parcel map (“Parcel Map No. 24- 01” or “Parcel Map” herein).

4. The Parcel Map shall be prepared in accordance with Chapter 2, Article 3 of the Subdivision Map Act by a California-licensed land surveyor or civil engineer qualified to perform such service.

5. The Parcel Map submittal shall include parcel closures and a preliminary title report dated no more than thirty (30) days prior to submission to the City Engineer. Copies of all easement documents referenced in the preliminary title report shall accompany the submittal. All parcel map fees and recording fees shall be paid as required by the City of Mendota and the County of Fresno prior to recordation of the map. The owner shall provide the City with a Land Division or Subdivision Guarantee and a Fresno County Tax Compliance Certification Request prior to the City submitting the Parcel Map to the Clerk to the Board of Supervisors.

6. The Parcel Map shall reflect two numbered parcels consistent with the approved Tentative Parcel Map, except as may be modified herein.

7. The Parcel Map will contain correct parcel information and identify the site address and general location correctly.

8. Prior to recordation, the applicant shall execute and record an affidavit, prepared by the City Attorney, indicating his intention to reside in a dwelling on one of the resulting parcels for a period of not less than three (3) years.

9. Future development of the project site shall comply with all applicable provisions of the City of Mendota General Plan Update 2005-2025 and the Mendota Municipal Code, including but not limited to: potable water protection regulations (Chapter 13.24), business licensing requirements (Title 5), and Building Code Standards (Title 15); the Subdivision Ordinance (Title 16); and the regulations of the applicable zone district(s) and other Exhibit “B”
Resolution No. 24-19
6 relevant portions of the Zoning Ordinance (Title 17), including but not limited to acquisition of a conditional use permit and/or approval of a site plan; and the City of Mendota Standard Specifications and Standard Drawings.

10. Construction drawings including but not limited to building and improvement plans; site, grading, irrigation, lighting, and landscaping shall be submitted to the Building Department and/or to the City Engineer as appropriate for review and approval. A building permit or permits, including payment of applicable fees, shall be acquired prior to start of any construction activities.

11. Grading and improvement plans shall be prepared by a California-licensed civil engineer.

12. Irrigation, lighting, and landscaping plans may be prepared by a California-licensed landscape architect, architect, or engineer, or by an unlicensed design professional.

13. All exterior lights shall be shielded or otherwise oriented to prevent disturbance to surrounding or neighboring properties or traffic on abutting streets and rights-of-way.

14. Any work within City of Mendota public right-of-way shall require an encroachment permit, including payment of all associated fees.

15. Any work within, across, above, beneath or otherwise affecting Caltrans, County of Fresno, or other agency right-of-way, property, or operations shall be subject to applicable provisions of said other agency, including but not limited to acquisition of encroachment permits, dedication or right-of-way, or other requirements.

16. It shall be the responsibility of the owner/developer to grant easements as necessary for the installation and maintenance of private utilities, including but not limited to: electricity, gas, telephone, and cable television.

17. Any work within, across, above, beneath or otherwise affecting right-of-way, property, and/or easements owned by or granted to purveyor(s) of private utilities shall be subject to the applicable provisions of said purveyor(s).

18. Prior to issuance of a certificate of occupancy for new development, all conditions of approval shall be verified as complete by the Planning Department. Any discrepancy or difference in interpretation of the conditions between the owner/applicant and the Planning Department shall be subject to review and determination by the Planning Commission.

19. Development shall comply with the rules and regulations of the San Joaquin Valley Air Pollution Control District (SJVAPCD).

20. Development shall comply with the requirements of the Fresno County Fire Protection District/CAL FIRE.

Exhibit “B”
Resolution No. 24-19
7 21. The owner of the project site, or of individual parcels created, shall be responsible for the ongoing and long-term maintenance of all onsite amenities to ensure that nuisance complaints are not received by the City.

22. Connection points for water and wastewater shall be determined by the City Engineer during review of future development proposals. Connections shall be made in accordance with City of Mendota standards and shall be coordinated with the Director of Public Utilities.

23. Applicants for development of the project site shall coordinate with Mid Valley Disposal to establish necessary solid waste procedures.

24. All City of Mendota Planning, Building, and Engineering fees and costs shall be paid in full to the City prior to recordation of a Parcel Map.

25. Applicants intending to construct on, operate on, or otherwise occupy the parcels created by the Parcel Map shall be responsible for payment of City of Mendota Application Fees, Plan Check and Engineering Fees, Building Fees, and/or Development Impact Fees in amounts to be determined during review, processing, and approval of their respective projects.

26. Development shall be responsible for payment of fees to Mendota Unified School District and shall provide the City with evidence of payment, or evidence of the District’s determination that no fees are required, prior to issuance of a certificate of occupancy.

27. Development shall be responsible for payment of Fresno County Regional Transportation Mitigation Fees and Fresno County Public Facilities Impact Fees and shall provide the City with evidence of payment, or evidence of the County’s determination that no fees are required, prior to issuance of a certificate of occupancy. 1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOPR AND COUNCILMEMBERS
FROM: JEFFREY O’NEAL, AICP, CITY PLANNER
VIA: WYATT CZESHINSKI, ASSISTANT CITY PLANNER
SUBJECT: APPLICATION NO. 24-02, TENTATIVE PARCEL MAP NO. 24-02 DATE: MAY 14, 2024
ISSUE
Shall the City Council adopt Resolution No. 24-20, approving an exemption under the California Environmental Quality Act (“CEQA”) and approving Tentative Parcel Map (“TPM”) No. 24-02?

BACKGROUND
The Planning and Building Department has received an application for a TPM which proposes to subdivide Assessor’s Parcel Number (“APN”) 013-105-19, a 0.172-acre site, into two smaller parcels. The site is currently vacant and undeveloped. At this time, no new development is being proposed, nor is a land use change or rezone proposed.

Applicant/Owner: Ashlie Ceja
Representative: Peter Moua, Moua Engineering & Surveying LLC Location: (APN 013-105-19) Marie Street and Seventh Street See Attachment 1
Site Size: 0.172 acres (7,500 square feet)
General Plan: Medium Density Residential
Zoning: R-2 (Multiple Family Medium High Density Residential- Min. 3,000 SQ. FT. per lot)
See Attachment 2
Existing Use: Vacant
Surrounding Uses: Northeast – Residential; R-1
Southeast – Residential; R-2
Southwest – Railroad; M-1
Northwest – Vacant; R-2
Street Access: Marie Street, Public Alleyway
The Planning Commission recommended approval of the project at its regularly scheduled April 16, 2024, meeting.

ANALYSIS
The California Subdivision Map Act (“Map Act”) (Government Code section 66410, et seq.) establishes most of the procedures for subdivision of land. Other components are contained within Title 16 (“Subdivision Ordinance”) of the Mendota Municipal Code. Generally, a parcel map is required in order to subdivide land into four or fewer parcels. Note the distinction of a 2 “tentative parcel map” versus simply a “parcel map.” As indicated in the Map Act, a parcel map is immediately recordable following its approval, while approval of a tentative map is only the first step in a two-step process. The Subdivision Ordinance provides applicants the option of submitting a parcel map or a tentative parcel map. This allows the City flexibility in applying conditions of approval while granting the subdivider an additional year (two instead of one) during which to record a final map or parcel map. Although the Subdivision Ordinance indicates that tentative parcel maps are valid for one year following approval, the Map Act indicates that they are valid for two years and is the controlling law.

TPM No. 24-02 proposes to subdivide the approximately 0.172-acre (7,500 square feet) parcel into two parcels identified as “Parcel 1” and “Parcel 2” (see Attachment 3). They will be referred to as such throughout this report. Both Parcel 1 and Parcel 2 would contain approximately 0.086 acres (3,750 square feet). No further development of or land use entitlements for any of the resultant parcels is being proposed at this time; any future development and/or new uses would be subject to the appropriate land use application(s).

Senate Bill 9 (“SB9”) went into effect on January 1, 2022. This bill allows for a one-time lot split of an existing single family residential parcel into two parcels. An application for an urban lot split under SB9 must be considered ministerially, without discretionary review or a hearing. The public official(s) merely ensures that the proposed development meets all the applicable objective standards for the proposed action but uses no special discretion or judgement in reaching a final decision. The table below provides lot split requirements and compliance under SB9 for the proposed lot split:

Requirement Analysis
Urban Setting/ Single Family Zoning
The property is located in a single-family
residential zone located within a city, the
boundaries of which include some portion of
either an urbanized area or urban cluster, as
designated by the United States Census Bureau.

The property is located within the R-2 (Multiple
Family Medium High Density Residential- Min.
3,000 SQ. FT. per lot) zone district, where singlefamily residences are allowed.

Lot Size/Ratio
The urban lot split would not result in any of the
following:
• The creation of a lot less than 1,200 square feet.
• The creation of a lot that is less than 40% or
more than 60% of the original lot size
The proposed lot split will split a 7,500 square
foot lot into two 3,750 square foot lots
(50%/50%). The resulting lots are not required to
conform to the R-2 standards for area or
dimensions.

No Previous Lot Split
The lot cannot have been not previously
subdivided under SB9
No previous SB9 Lot Split has occurred on the
subject property.

No adjacent lot splits
The property owner, or a person working in
concert with the property owner, is not proposing
an urban lot split on an adjoining lot.

Property owner is not proposing a lot split on an
adjacent lot.

Public Street Access
Each lot created by the urban lot split would have
direct access to a public street, or would have
Parcel 2 would have access off of Marie Street,
while Parcel 1 would have access off of a public
alleyway.
3 access to a public street through an easement.

Subdivision Map Act Compliance
The urban lot split will comply with all
requirements of the Subdivision Map Act, except
as otherwise expressly provided in SB9
Review determined compliance.

ENVIRONMENTAL
The first step in complying with 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 the issuance to a person of a “lease, permit, license, certificate, or other entitlement for use” as described in CEQA Guidelines section 15378.

Under Government Code section 66411.7, subdivision (a)(1), SB9 approvals are considered to be ministerial actions. CEQA Guidelines Section 15268 indicates that ministerial actions are exempt from the CEQA review process. Therefore, the project is exempt under CEQA and a notice of exemption should be filed following project approval.

PUBLIC NOTICE
A notice of public hearing is not required for urban residential lot splits subject to SB9.

CITY COUNCIL FINDINGS
Parcel maps for residential urban lot splits must meet certain requirements contained in Government Code section 66411.7, subdivision (a), in order to be approved. These requirements are discussed below:

FINDING A: The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.

The proposed subdivision would divide the existing parcel into two smaller parcels of equal size.

The project would split a parcel of 7,500 square feet into two parcels of 3,750 square feet.

FINDING B: Both newly created parcels are no smaller than 1,200 square feet.

As discussed above, the two newly created parcels would each be 3,750 square feet in size.

FINDING C: The parcel is located within a single-family zone district.

The existing and resulting parcels would be located within the R-2 (Multiple Family Medium High Density Residential - Min. 3,000 SQ. FT. per lot) zone district, where single-family residences are allowed.
4 FINDING D: The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.

The proposed lot split would be located within the city limits of the City of Mendota, an urbanized area.

FINDING E: The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.

The proposed subdivision would satisfy the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.

FINDING F: The proposed urban lot split would not require demolition or alteration of any of the following types of housing:
(i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (ii) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.
(iii) A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. (iv) Housing that has been occupied by a tenant in the last three years.

The project site is vacant and undeveloped. No demolition activity or removal of housing would result from the proposed subdivision.

FINDING G: The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.

The subject parcel is not located within a historic district or is a property included on the State Historic Resources Inventory, nor is it a site that is designated or listed by the City of Mendota or County of Fresno as a landmark or historic property or district pursuant to a City or County ordinance.
5 FINDING H: The parcel has not been established through prior exercise of an urban lot split.

An urban lot split has not occurred for the subject property within the past.

FINDING I: Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split.

The property owner of the subject parcel, nor any other person has acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split.

FISCAL IMPACT
Review and processing of TPMs are paid for by the applicant, and the project is responsible for payment of all applicable development impact fees. No development has been proposed. Any future development would be responsible for payment of fees consistent with the appropriate standards at the time of application.

RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 24-20, approving the filing of a notice of exemption under CEQA and approving TPM No. 24-02.

Attachments:

1. Aerial Map

2. Zoning Map

3. TPM No. 24-02

4. Resolution No. 24-20
6 Attachment 1: Aerial Map
7 Attachment 2: Zoning Map
8 Attachment 3: TPM 24-02
9 Attachment 4: Resolution No. 24-20
1 BEFORE THE CITY COUNCIL
OF THE

CITY OF MENDOTA, COUNTY OF FRESNO
RESOLUTION NO. 24-20

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA IN THE MATTER OF APPLICATION NO. 24-02, TENTATIVE PARCEL MAP NO. 24-02 (ASSESSOR’S PARCEL NUMBER 013-105-19)
WHEREAS, on January 30, 2024, the City received a request for a tentative parcel map (TPM) by Peter Moua, on behalf of Ashlie Ceja, the applicant; and WHEREAS, the proposal has been designated Application No. 24-02, consisting of TPM No. 24-02; and
WHEREAS, Application No. 24-02 proposes to subdivide an existing parcel of approximately 0.172 acres (Assessor’s Parcel Number 013-105-19) into two smaller parcels of approximately 0.086 acres (3,750 square feet) each, respectively, and that said subdivision of property is subject to the provisions of Government Code section 66410, et seq.; and
WHEREAS, no development is proposed at the project site at this time; and WHEREAS, the project has satisfied the requirements of Government Code section 66411.7, subdivision (a); and
WHEREAS, at a regular meeting on April 16, 2024, the Mendota Planning Commission considered Application No. 24-02, forwarding a recommendation to the City Council and recommending approval of the project; and
WHEREAS, at a regular meeting on May 14, 2024, the Mendota City Council considered Application No. 24-02; and
WHEREAS, approval of a TPM consists of a “lease, permit, license, certificate, or other entitlement for use”, and is therefore a “project” pursuant to the California Environmental Quality Act (“CEQA”), Public Resources Code section 21000, et seq., and the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, section 15000, et seq.; and
WHEREAS, as the agency primarily responsible for carrying out or approving said project, the City of Mendota assumes the role of lead agency pursuant to CEQA; and WHEREAS, the project is considered a residential urban lot split under California Senate Bill 9; and
2 WHEREAS, California Senate Bill 9 residential urban lot splits are processed ministerially in accordance with Government Code section 66411.7, subdivision (b)(1); and
WHEREAS, ministerial projects are exempt from CEQA under CEQA Guidelines Section 15268 and a notice of exemption will be filed for the project subsequent to approval; and
WHEREAS, under Title 16 of the Mendota Municipal Code, the City Council has the authority to approve TPMs.

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

1. Finds that the foregoing Recitals are true and correct.

2. Finds that TPM No. 24-02 subdivides an existing parcel to create no more than two new parcels of approximately equal lot area as required.

3. Finds that both new parcels are no smaller than 1,200 square feet in size as required.

4. Finds that these parcels are located within a single-family zoning district as required.

5. Finds that these parcels are located within the City’s borders as required.

6. Finds that these parcels satisfy the requirements of subparagraphs (B) through (K) of Government Code section 65913.4, subdivision (a)(6).

7. Finds that this lot split will not require demolition or alteration of existing housing as required.

8. Finds that these parcels are not located within a historic district or property in the State Resources Historic Resources Inventory, or within a site that is designated or listed as a City or County landmark or historic property or district as required.

9. Finds that the initial parcel has not been established through a previous urban lot split as required.

10. Finds that neither the parcel owner nor any person acting in concert with them has previously subdivided an adjacent parcel using an urban lot split as required.

11. Finds that Application No. 24-02, consisting of TPM No. 24-02, is exempt from CEQA pursuant to California Code of Regulations, Title 14, section 15268.

Accordingly, the City Clerk is directed to file a notice of exemption. 3 12. Approves Application No. 24-02, consisting of TPM No. 24-02, substantially as illustrated in Exhibit “A” hereto and subject to the conditions contained in Exhibit “B” hereto.
______________________________
Victor Martinez, Mayor
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 Mendota City Hall on the 14th day of May, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk
Exhibit “A”
Resolution No. 24-20
4 Exhibit “B”
Resolution No. 24-20
5 As may be used herein, the words “subdivider”, “owner,” “operator”, and “applicant” shall be interchangeable. Conditions of approval related to future development of the project site are either expressly (i.e., specific references using the term “future development” or similar) or impliedly (i.e., referring to activities that could only occur during site development) related, and shall be applicable at the time of approval of said future development.

General

1. The map shall be designated “Tentative Parcel Map No. 24-02”.

2. Tentative Parcel Map No. 24-02 shall be valid for a period of 24 months from the date of its approval or conditional approval by the City Council. Extensions to this period may be requested pursuant to Section 66453.3 of the California Subdivision Map Act.

3. Following City Council approval or conditional approval of the tentative parcel map and prior to its expiration, the subdivider may submit a final parcel map (“Parcel Map No. 24- 02” or “Parcel Map” herein).

4. The Parcel Map shall be prepared in accordance with Chapter 2, Article 3 of the Subdivision Map Act by a California-licensed land surveyor or civil engineer qualified to perform such service.

5. The Parcel Map submittal shall include parcel closures and a preliminary title report dated no more than thirty (30) days prior to submission to the City Engineer. Copies of all easement documents referenced in the preliminary title report shall accompany the submittal. All parcel map fees and recording fees shall be paid as required by the City of Mendota and the County of Fresno prior to recordation of the map. The owner shall provide the City with a Land Division or Subdivision Guarantee and a Fresno County Tax Compliance Certification Request prior to the City submitting the Parcel Map to the Clerk to the Board of Supervisors.

6. The Parcel Map shall reflect two numbered parcels consistent with the approved Tentative Parcel Map, except as may be modified herein.

7. The Parcel Map will contain correct parcel information and identify the site address and general location correctly.

8. Prior to recordation, the applicant shall execute and record an affidavit, prepared by the City Attorney, indicating his intention to reside in a dwelling on one of the resulting parcels for a period of not less than three (3) years.

9. Future development of the project site shall comply with all applicable provisions of the City of Mendota General Plan Update 2005-2025 and the Mendota Municipal Code, including but not limited to: potable water protection regulations (Chapter 13.24), business licensing requirements (Title 5), and Building Code Standards (Title 15); the Subdivision Ordinance (Title 16); and the regulations of the applicable zone district(s) and other Exhibit “B”
Resolution No. 24-20
6 relevant portions of the Zoning Ordinance (Title 17), including but not limited to acquisition of a conditional use permit and/or approval of a site plan; and the City of Mendota Standard Specifications and Standard Drawings.

10. Construction drawings including but not limited to building and improvement plans; site, grading, irrigation, lighting, and landscaping shall be submitted to the Building Department and/or to the City Engineer as appropriate for review and approval. A building permit or permits, including payment of applicable fees, shall be acquired prior to start of any construction activities.

11. Grading and improvement plans shall be prepared by a California-licensed civil engineer.

12. Irrigation, lighting, and landscaping plans may be prepared by a California-licensed landscape architect, architect, or engineer, or by an unlicensed design professional.

13. All exterior lights shall be shielded or otherwise oriented to prevent disturbance to surrounding or neighboring properties or traffic on abutting streets and rights-of-way.

14. Any work within City of Mendota public right-of-way shall require an encroachment permit, including payment of all associated fees.

15. Any work within, across, above, beneath or otherwise affecting Caltrans, County of Fresno, or other agency right-of-way, property, or operations shall be subject to applicable provisions of said other agency, including but not limited to acquisition of encroachment permits, dedication or right-of-way, or other requirements.

16. It shall be the responsibility of the owner/developer to grant easements as necessary for the installation and maintenance of private utilities, including but not limited to: electricity, gas, telephone, and cable television.

17. Any work within, across, above, beneath or otherwise affecting right-of-way, property, and/or easements owned by or granted to purveyor(s) of private utilities shall be subject to the applicable provisions of said purveyor(s).

18. Prior to issuance of a certificate of occupancy for new development, all conditions of approval shall be verified as complete by the Planning Department. Any discrepancy or difference in interpretation of the conditions between the owner/applicant and the Planning Department shall be subject to review and determination by the Planning Commission.

19. Development shall comply with the rules and regulations of the San Joaquin Valley Air Pollution Control District (SJVAPCD).

20. Development shall comply with the requirements of the Fresno County Fire Protection District/CAL FIRE.

Exhibit “B”
Resolution No. 24-20
7 21. The owner of the project site, or of individual parcels created, shall be responsible for the ongoing and long-term maintenance of all onsite amenities to ensure that nuisance complaints are not received by the City.

22. Connection points for water and wastewater shall be determined by the City Engineer during review of future development proposals. Connections shall be made in accordance with City of Mendota standards and shall be coordinated with the Director of Public Utilities.

23. Applicants for development of the project site shall coordinate with Mid Valley Disposal to establish necessary solid waste procedures.

24. All City of Mendota Planning, Building, and Engineering fees and costs shall be paid in full to the City prior to recordation of a Parcel Map.

25. Applicants intending to construct on, operate on, or otherwise occupy the parcels created by the Parcel Map shall be responsible for payment of City of Mendota Application Fees, Plan Check and Engineering Fees, Building Fees, and/or Development Impact Fees in amounts to be determined during review, processing, and approval of their respective projects.

26. Development shall be responsible for payment of fees to Mendota Unified School District and shall provide the City with evidence of payment, or evidence of the District’s determination that no fees are required, prior to issuance of a certificate of occupancy.

27. Development shall be responsible for payment of Fresno County Regional Transportation Mitigation Fees and Fresno County Public Facilities Impact Fees and shall provide the City with evidence of payment, or evidence of the County’s determination that no fees are required, prior to issuance of a certificate of occupancy. 1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: JEFFREY O’NEAL, AICP, CITY PLANNER
VIA: WYATT CZESHINSKI, ASSISTANT CITY PLANNER
SUBJECT: APPLICATION NO. 24-04, TENTATIVE PARCEL MAP NO. 24-03 DATE: MAY 14, 2024
ISSUE
Shall the City Council adopt Resolution No. 24-21, approving an exemption under the California Environmental Quality Act (“CEQA”) and approving Tentative Parcel Map (“TPM”) No. 24-03?

BACKGROUND
The Planning and Building Department has received an application for a TPM which proposes to subdivide Assessor’s Parcel Number (“APN”) 013-115-10, a 0.344-acre site, into two smaller parcels. The site contains one existing single-family residence. At this time, no new development is being proposed, nor is a land use change or rezone proposed.

Applicant/Owner: Tony Jose Lopez
Representative: Cris H. Robles, PLS
Location: (APN 013-115-10) Lolita Street and Ninth Street See Attachment 1
Site Size: 0.344 acres (15,000 square feet)
General Plan: Medium Density Residential
Zoning: R-1 (Single Family Medium Density Residential- Min. 6,000 SQ.

FT. per lot)
See Attachment 2
Existing Use: Single-Family Residence
Surrounding Uses: Northeast – Residential; R-1
Southeast – Residential; R-1
Southwest – Residential; R-1
Northwest – Residential; R-1
Street Access: Lolita Street and Public Alleyway
The Planning Commission recommended approval of the project at its regularly scheduled April 16, 2024, meeting.

ANALYSIS
The California Subdivision Map Act (“Map Act”) (Government Code section 66410, et seq.) establishes most of the procedures for subdivision of land. Other components are contained within Title 16 (“Subdivision Ordinance”) of the Mendota Municipal Code. Generally, a parcel map is required in order to subdivide land into four or fewer parcels. Note the distinction of a 2 “tentative parcel map” versus simply a “parcel map.” As indicated in the Map Act, a parcel map is immediately recordable following its approval, while approval of a tentative map is only the first step in a two-step process. The Subdivision Ordinance provides applicants the option of submitting a parcel map or a tentative parcel map. This allows the City flexibility in applying conditions of approval while granting the subdivider an additional year (two instead of one) during which to record a final map or parcel map. Although the Subdivision Ordinance indicates that tentative parcel maps are valid for one year following approval, the Map Act indicates that they are valid for two years and is the controlling law.

TPM No. 24-03 proposes to subdivide the approximately 0.344-acre (15,000 square feet) parcel into two parcels identified as “Parcel 1” and “Parcel 2” (see Attachment 3). They will be referred to as such throughout this report. Both Parcel 1 and Parcel 2 would contain approximately 0.172 acres (7,500 square feet). No further development of or land use entitlements for any of the resultant parcels is being proposed at this time; any future development and/or new uses would be subject to the appropriate land use application(s).

Senate Bill 9 (“SB9”) went into effect on January 1, 2022. This bill allows for a one-time lot split of an existing single family residential parcel into two parcels. An application for an urban lot split under SB9 must be considered ministerially, without discretionary review or a hearing. The public official(s) merely ensures that the proposed development meets all the applicable objective standards for the proposed action but uses no special discretion or judgement in reaching a final decision. The table below provides lot split requirements and compliance under SB9 for the proposed lot split:

Requirement Analysis
Urban Setting/ Single Family Zoning
The property is located in a single-family
residential zone located within a city, the
boundaries of which include some portion of
either an urbanized area or urban cluster, as
designated by the United States Census Bureau.

The property is located within the R-1 (Single
Family Medium Density Residential- Min. 6,000
SQ. FT. per lot) zone district.

Lot Size/Ratio
The urban lot split would not result in any of the
following:
• The creation of a lot less than 1,200 square feet.
• The creation of a lot that is less than 40% or
more than 60% of the original lot size
The proposed lot split will split a 15,00 square
foot lot into two 7,500 square foot lots
(50%/50%). The resulting lots are not required to
conform to the R-1 standards for area or
dimensions.

No Previous Lot Split
The lot cannot have been not previously
subdivided under SB9
No previous SB9 Lot Split has occurred on the
subject property.

No adjacent lot splits
The property owner, or a person working in
concert with the property owner, is not proposing
an urban lot split on an adjoining lot.

Property owner is not proposing a lot split on an
adjacent lot.

Public Street Access
Each lot created by the urban lot split would have
direct access to a public street, or would have
Both parcels would have access off of Lolita
Street and the could be access by the abutting
public alleyway.
3 access to a public street through an easement.

Subdivision Map Act Compliance
The urban lot split will comply with all
requirements of the Subdivision Map Act, except
as otherwise expressly provided in SB9
Review determined compliance.

ENVIRONMENTAL
The first step in complying with 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 the issuance to a person of a “lease, permit, license, certificate, or other entitlement for use” as described in CEQA Guidelines section 15378.

Under Government Code section 66411.7, subdivision (a)(1), SB9 approvals are considered to be ministerial actions. CEQA Guidelines Section 15268 indicates that ministerial actions are exempt from the CEQA review process. Therefore, the project is exempt under CEQA and a notice of exemption should be filed following project approval.

PUBLIC NOTICE
A notice of public hearing is not required for urban residential lot splits subject to SB9.

CITY COUNCIL FINDINGS
Parcel maps for residential urban lot splits must meet certain requirements contained in Government Code section 66411.7, subdivision (a), in order to be approved. These requirements are discussed below:

FINDING A: The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.

The proposed subdivision would divide the existing parcel into two smaller parcels of equal size.

The project would split a parcel of 15,000 square feet into two parcels of 7,500 square feet.

FINDING B: Both newly created parcels are no smaller than 1,200 square feet.

As discussed above, the two newly created parcels would each be 7,500 square feet in size.

FINDING C: The parcel is located within a single-family zone district.

The existing and resulting parcels would be located within the R-1 (Single Family Medium Density Residential - Min. 6,000 SQ. FT. per lot) zone district. 4 FINDING D: The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.

The proposed lot split would be located within the city limits of the City of Mendota, an urbanized area.

FINDING E: The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.

The proposed subdivision would satisfy the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.

FINDING F: The proposed urban lot split would not require demolition or alteration of any of the following types of housing:
(i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (ii) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.
(iii) A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. (iv) Housing that has been occupied by a tenant in the last three years.

The project site contains one existing single-family residence. This residence would remain on Parcel 2 subsequent to the subdivision of the property. No demolition activity or removal of housing would result from the proposed subdivision.

FINDING G: The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.

The subject parcel is not located within a historic district or is a property included on the State Historic Resources Inventory, nor is it a site that is designated or listed by the City of Mendota or County of Fresno as a landmark or historic property or district pursuant to a City or County ordinance.
5 FINDING H: The parcel has not been established through prior exercise of an urban lot split.

An urban lot split has not occurred for the subject property within the past.

FINDING I: Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split.

The property owner of the subject parcel, nor any other person has acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split.

FISCAL IMPACT
Review and processing of TPMs are paid for by the applicant, and the project is responsible for payment of all applicable development impact fees. No development has been proposed. Any future development would be responsible for payment of fees consistent with the appropriate standards at the time of application.

RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 24-21, approving the filing of a notice of exemption under CEQA and approving TPM No. 24-03.

Attachments:

1. Aerial Map

2. Zoning Map

3. TPM No. 24-03

4. Resolution No. 24-21
6 Attachment 1: Aerial Map
7 Attachment 2: Zoning Map
8 Attachment 3: TPM No. 24-03
9 Attachment 4: Resolution No. 24-21
1 BEFORE THE CITY COUNCIL
OF THE

CITY OF MENDOTA, COUNTY OF FRESNO
RESOLUTION NO. 24-21

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA IN THE MATTER OF APPLICATION NO. 24-04, TENTATIVE PARCEL MAP NO. 24-03 (ASSESSOR’S PARCEL NUMBER 013-115-10)
WHEREAS, on February 22, 2024, the City received a request for a tentative parcel map (“TPM”) by Cris H. Robles, PLS on behalf of Tony Jose Lopez, the applicant and property owner; and
WHEREAS, the proposal has been designated Application No. 24-04, consisting of TPM No. 24-03; and
WHEREAS, Application No. 24-04 proposes to subdivide an existing parcel of approximately 0.344 acres (Assessor’s Parcel Number 013-115-10) into two smaller parcels of approximately 0.172 acres (7,500 square feet) each, respectively, and that said subdivision of property is subject to the provisions of Government Code section 66410, et seq.; and
WHEREAS, no development is proposed at the project site at this time; and WHEREAS, the project has satisfied the requirements of Government Code section 66411.7, subdivision (a); and
WHEREAS, at a regular meeting on April 16, 2024, the Mendota Planning Commission considered Application No. 24-04, forwarding a recommendation to the City Council and recommending approval of the project; and
WHEREAS, at a regular meeting on May 14, 2024, the Mendota City Council considered Application No. 24-04; and
WHEREAS, approval of a TPM consists of a “lease, permit, license, certificate, or other entitlement for use”, and is therefore a “project” pursuant to the California Environmental Quality Act (“CEQA”), Public Resources Code section 21000, et seq. and the CEQA Guidelines, California Code of Regulations Title 14, Chapter 3, section 15000, et seq.; and
WHEREAS, as the agency primarily responsible for carrying out or approving said project, the City of Mendota assumes the role of lead agency pursuant to CEQA; and WHEREAS, the project is considered a residential urban lot split under California Senate Bill 9; and
2 WHEREAS, California Senate Bill 9 residential urban lot splits are processed ministerially in accordance with Government Code section 66411.7, subdivision (b)(1); and
WHEREAS, ministerial projects are exempt from CEQA under CEQA Guidelines Section 15268 and a notice of exemption will be filed for the project subsequent to approval; and
WHEREAS, under Title 16 of the Mendota Municipal Code, the City Council has the authority to approve TPMs.

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

1. Finds that the foregoing Recitals are true and correct.

2. Finds that TPM No. 24-03 subdivides an existing parcel to create no more than two new parcels of approximately equal lot area as required.

3. Finds that both new parcels are no smaller than 1,200 square feet in size as required.

4. Finds that these parcels are located within a single-family zoning district as required.

5. Finds that these parcels are located within the City’s borders as required.

6. Finds that these parcels satisfy the requirements of subparagraphs (B) through (K) of Government Code section 65913.4, subdivision (a)(6).

7. Finds that this lot split will not require demolition or alteration of existing housing as required.

8. Finds that these parcels are not located within a historic district or property in the State Resources Historic Resources Inventory, or within a site that is designated or listed as a City or County landmark or historic property or district as required.

9. Finds that the initial parcel has not been established through a previous urban lot split as required.

10. Finds that neither the parcel owner nor any person acting in concert with them has previously subdivided an adjacent parcel using an urban lot split as required.

11. Finds that Application No. 24-04, consisting of TPM No. 24-03, is exempt from CEQA pursuant to California Code of Regulations, Title 14, section 15268.

Accordingly, the City Clerk is directed to file a notice of exemption. ///
3 12. Approves Application No. 24-04, consisting of TPM No. 24-03, substantially as illustrated in Exhibit “A” hereto and subject to the conditions contained in Exhibit “B” hereto.
______________________________
Victor Martinez, Mayor
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 Mendota City Hall on the 14th day of May, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk
Exhibit “A”
Resolution No. 24-21
4 Exhibit “B”
Resolution No. 24-21
5 As may be used herein, the words “subdivider”, “owner,” “operator”, and “applicant” shall be interchangeable. Conditions of approval related to future development of the project site are either expressly (i.e., specific references using the term “future development” or similar) or impliedly (i.e., referring to activities that could only occur during site development) related, and shall be applicable at the time of approval of said future development.

General

1. The map shall be designated “Tentative Parcel Map No. 24-03”.

2. Tentative Parcel Map No. 24-03 shall be valid for a period of 24 months from the date of its approval or conditional approval by the City Council. Extensions to this period may be requested pursuant to Section 66453.3 of the California Subdivision Map Act.

3. Following City Council approval or conditional approval of the tentative parcel map and prior to its expiration, the subdivider may submit a final parcel map (“Parcel Map No. 24- 03” or “Parcel Map” herein).

4. The Parcel Map shall be prepared in accordance with Chapter 2, Article 3 of the Subdivision Map Act by a California-licensed land surveyor or civil engineer qualified to perform such service.

5. The Parcel Map submittal shall include parcel closures and a preliminary title report dated no more than thirty (30) days prior to submission to the City Engineer. Copies of all easement documents referenced in the preliminary title report shall accompany the submittal. All parcel map fees and recording fees shall be paid as required by the City of Mendota and the County of Fresno prior to recordation of the map. The owner shall provide the City with a Land Division or Subdivision Guarantee and a Fresno County Tax Compliance Certification Request prior to the City submitting the Parcel Map to the Clerk to the Board of Supervisors.

6. The Parcel Map shall reflect two numbered parcels consistent with the approved Tentative Parcel Map, except as may be modified herein.

7. Prior to recordation, the applicant shall execute and record an affidavit, prepared by the City Attorney, indicating his intention to reside in a dwelling on one of the resulting parcels for a period of not less than three (3) years.

8. Future development of the project site shall comply with all applicable provisions of the City of Mendota General Plan Update 2005-2025 and the Mendota Municipal Code, including but not limited to: potable water protection regulations (Chapter 13.24), business licensing requirements (Title 5), and Building Code Standards (Title 15); the Subdivision Ordinance (Title 16); and the regulations of the applicable zone district(s) and other relevant portions of the Zoning Ordinance (Title 17), including but not limited to acquisition of a conditional use permit and/or approval of a site plan; and the City of Mendota Standard Specifications and Standard Drawings.

Exhibit “B”
Resolution No. 24-21
6 9. Construction drawings including but not limited to building and improvement plans; site, grading, irrigation, lighting, and landscaping shall be submitted to the Building Department and/or to the City Engineer as appropriate for review and approval. A building permit or permits, including payment of applicable fees, shall be acquired prior to start of any construction activities.

10. Grading and improvement plans shall be prepared by a California-licensed civil engineer.

11. Irrigation, lighting, and landscaping plans may be prepared by a California-licensed landscape architect, architect, or engineer, or by an unlicensed design professional.

12. All exterior lights shall be shielded or otherwise oriented to prevent disturbance to surrounding or neighboring properties or traffic on abutting streets and rights-of-way.

13. Any work within City of Mendota public right-of-way shall require an encroachment permit, including payment of all associated fees.

14. Any work within, across, above, beneath or otherwise affecting Caltrans, County of Fresno, or other agency right-of-way, property, or operations shall be subject to applicable provisions of said other agency, including but not limited to acquisition of encroachment permits, dedication or right-of-way, or other requirements.

15. It shall be the responsibility of the owner/developer to grant easements as necessary for the installation and maintenance of private utilities, including but not limited to: electricity, gas, telephone, and cable television.

16. Any work within, across, above, beneath or otherwise affecting right-of-way, property, and/or easements owned by or granted to purveyor(s) of private utilities shall be subject to the applicable provisions of said purveyor(s).

17. Prior to issuance of a certificate of occupancy for new development, all conditions of approval shall be verified as complete by the Planning Department. Any discrepancy or difference in interpretation of the conditions between the owner/applicant and the Planning Department shall be subject to review and determination by the Planning Commission.

18. Development shall comply with the rules and regulations of the San Joaquin Valley Air Pollution Control District (SJVAPCD).

19. Development shall comply with the requirements of the Fresno County Fire Protection District/CAL FIRE.

20. The owner of the project site, or of individual parcels created, shall be responsible for the ongoing and long-term maintenance of all onsite amenities to ensure that nuisance complaints are not received by the City.

Exhibit “B”
Resolution No. 24-21
7 21. Connection points for water and wastewater shall be determined by the City Engineer during review of future development proposals. Connections shall be made in accordance with City of Mendota standards and shall be coordinated with the Director of Public Utilities.

22. Applicants for development of the project site shall coordinate with Mid Valley Disposal to establish necessary solid waste procedures.

23. All City of Mendota Planning, Building, and Engineering fees and costs shall be paid in full to the City prior to recordation of a Parcel Map.

24. Applicants intending to construct on, operate on, or otherwise occupy the parcels created by the Parcel Map shall be responsible for payment of City of Mendota Application Fees, Plan Check and Engineering Fees, Building Fees, and/or Development Impact Fees in amounts to be determined during review, processing, and approval of their respective projects.

25. Development shall be responsible for payment of fees to Mendota Unified School District and shall provide the City with evidence of payment, or evidence of the District’s determination that no fees are required, prior to issuance of a certificate of occupancy.

26. Development shall be responsible for payment of Fresno County Regional Transportation Mitigation Fees and Fresno County Public Facilities Impact Fees and shall provide the City with evidence of payment, or evidence of the County’s determination that no fees are required, prior to issuance of a certificate of occupancy. 1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: CELESTE CABRERA-GARCIA, CITY CLERK
VIA: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: REQUESTING THAT THE FRESNO COUNTY CLERK/REGISTRAR OF VOTERS PROVIDE

ELECTION SERVICES
DATE: MAY 14, 2024
ISSUE
Shall the City Council adopt Resolution No. 24-22, calling and giving notice of the holding of a General Municipal Election to be held in the City of Mendota on Tuesday, November 5, 2024, for the election of certain officers; requesting the Board of Supervisors of the County of Fresno consolidate and canvass the General Municipal Election to be held on November 5, 2024, with the Statewide General Election to be held on that date pursuant to California Elections Code section 10400, et seq.; to permit the County Clerk/Registrar of Voters of the County of Fresno to render specified services to the City of Mendota relating to the conduct of said General Municipal Election pursuant to California Elections Code Section 10002; and authorizing reimbursement funds to pay for said services?

BACKGROUND
Due to the small size of City Clerk’s department and lack of resources available to the City of Mendota (“City”), the City has historically contracted with the Fresno County Clerk/Registrar of Voters to provide the personnel, equipment, and other resources required to manage, count votes, and report the results of local elections.

ANALYSIS
The next Statewide General Election that will be held in Fresno County will take place on Tuesday, November 5, 2024. The City also intends to hold a General Municipal Election on Tuesday, November 5, 2024, for the election of three (3) City Council Members, one (1) for a two-year (half) term and two (2) for full four-year terms.

The adoption of the attached Resolution will call and order the General Municipal Election, allow consolidation of the Statewide General Election with the General Municipal Election, allow the Fresno County Clerk/Registrar of Voters to take any and all steps necessary to hold the consolidated election, authorize the City to reimburse the Fresno County Clerk/Registrar of Voters for their services, and define certain election requirements.

FISCAL IMPACT
The City will be responsible for reimbursing the Fresno County Clerk/Registrar of Voters for their services rendered, which has historically ranged anywhere from $2,000.00 to $8,000.00.

The funds will be allocated in the budget for Fiscal Year 2024-2025. 2 RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 24-22, calling and giving notice of the holding of a General Municipal Election to be held in the City of Mendota on Tuesday, November 5, 2024, for the election of certain officers; requesting the Board of Supervisors of the County of Fresno consolidate and canvass the General Municipal Election to be held on November 5, 2024, with the Statewide General Election to be held on that date pursuant to California Elections Code Section 10400, et seq.; to permit the County Clerk/Registrar of Voters of the County of Fresno to render specified services to the City of Mendota relating to the conduct of said General Municipal Election pursuant to California Elections Code Section 10002; and authorizing reimbursement funds to pay for said services.

Attachment:

1. Resolution No. 24-22
1 BEFORE THE CITY COUNCIL
OF THE

CITY OF MENDOTA, COUNTY OF FRESNO
RESOLUTION NO. 24-22

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA CALLING AND

GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY NOVEMBER 5, 2024, FOR THE ELECTION OF CERTAIN OFFICERS; REQUESTING THE BOARD OF SUPERVISORS OF THE

COUNTY OF FRESNO CONSOLIDATE AND CANVASS THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024, WITH THE STATEWIDE GENERAL

ELECTION TO BE HELD ON THAT DATE PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10400, ET SEQ.; TO PERMIT THE COUNTY CLERK/REGISTRAR OF

VOTERS OF THE COUNTY OF FRESNO TO RENDER SPECIFIED SERVICES TO THE

CITY OF MENDOTA RELATING TO THE CONDUCT OF SAID GENERAL MUNICIPAL ELECTION PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10002; AND

AUTHORIZING REIMBURSEMENT FUNDS TO PAY FOR SAID SERVICES WHEREAS, the next Statewide General Election to be held in the County of Fresno will take place on November 5, 2024; and
WHEREAS, the City of Mendota intends to call and order a General Municipal Election on Tuesday, November 5, 2024, for the election of three (3) City Council Members, one (1) for a two-year (half) term and two (2) for full four-year terms; and WHEREAS, it is the desire of the City Council of the City of Mendota to adopt a Resolution requesting the Board of Supervisors of the County of Fresno to consolidate said election with the Statewide General Election pursuant to Part 3 of Division 10 of the Elections Code of the State of California (commencing with Section 10400) to be held on the same date and that, within the City of Mendota, the precincts, vote center locations, ballot drop box locations, and election officers of the two elections be the same; the County Clerk/Registrar of Voters canvass the returns of the General Municipal Election; and the election be held in all respects as if there were only one election; and WHEREAS, it is the desire of the City Council of the City of Mendota to adopt a Resolution requesting the Board of Supervisors of the County of Fresno to render specified services to the City of Mendota relating to the conduct of a General Municipal Election pursuant to Section 10002 of the Elections Code of the State of California; and WHEREAS, Section 10002 of the Elections Code of the State of California requires the City of Mendota to reimburse the County of Fresno in full for the services performed upon presentation of a bill to the City of Mendota.

WHEREAS, the City Council of the City of Mendota has determined that each candidate for elective office who submits a statement to be sent to the voters with the sample ballot shall be charged a sum not greater than the actual prorated cost of printing, 2 handling, and translating the candidate’s statement, if any, incurred by the agency as a result of providing this service.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mendota as follows:

SECTION 1. A General Municipal Election is called and ordered for the City of Mendota to be held on November 5, 2024, for the purpose of the election of three (3) City Council Members, one (1) for a two-year (half) term and two (2) for full four-year terms.

SECTION 2. Pursuant to the requirements of Section 10403 of the Elections Code of the State of California, the Board of Supervisors of the County of Fresno is hereby requested to consent and agree to the consolidation of this General Municipal Election and the Statewide General Election on November 5, 2024.

SECTION 3. In accordance with the provisions of Section 10403 of the Elections Code of the State of California, the City Council of the City of Mendota acknowledges that the consolidated election will be held and conducted in accordance with the provisions of law regulating the Statewide General Election pursuant to Section 10418 of the Elections Code of the State of California.

SECTION 4. The Board of Supervisors of the County of Fresno is requested to direct the County Clerk/Registrar of Voters to take any and all steps necessary for and related to the holding of the consolidated election in a manner consistent with law, including, without limitation: the provision of all election materials and equipment; publication of notices; the hiring, training, and supervision of election officers and other election personnel; the printing and distribution of ballot materials; the translation of ballot materials; the collection of submitted ballots; the tallying and canvassing of votes; and the certification of the election’s results.

SECTION 5. Pursuant to Section 10002 of the Elections Code of the State of California, the City Council of the City of Mendota authorizes reimbursement to the County of Fresno in full for the services to be performed as herein requested and that said sum be paid to the County of Fresno upon demand and presentation of a bill to the City of Mendota.

SECTION 6. The candidates shall, if they elect to submit a statement of no more than 200 words to be included with the sample ballot and sent to the registered voters, pay all costs associated with said election statement. Pursuant to California Elections Code section 13307, each candidate is required to make an estimated pre-payment to the County of Fresno at the time said candidate files their nomination papers. ______________________________
Victor Martinez, Mayor
3 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 14th day of May, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk
AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: KEVIN W. SMITH, CHIEF OF POLICE
VIA: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: AUTHORIZING THE ADDITION OF ONE REGULAR FULL-TIME ENTRY LEVEL POLICE

OFFICER POSITION FOR THE MENDOTA POLICE DEPARTMENT
DATE: MAY 14, 2024
ISSUE
Shall the City Council adopt Resolution No. 24-23, authorizing the addition of one regular fulltime entry level police officer position for the Mendota Police Department?

BACKGROUND
The City of Mendota’s (“City”) Police Department (the “Department”) is charged with preserving the health and safety of the City’s residents by providing law enforcement services. Over the last few years, the City has seen a marked increase in the number of unhoused individuals residing within its borders. As a result, the Department has experienced a significant increase in calls for service involving these unhoused individuals, including a substantial amount of calls involving narcotic sales and alcohol-related violations (such as public intoxication), and instances where mental health is of concern.

ANALYSIS
The Department proposes assigning a police officer to focus on any matters related unhoused individuals with the primary purpose of connecting these individuals with available resources and helping them positively assimilate into the community. The goal of this additional position will be to facilitate a positive, trusting relationship with local unhoused individuals, provide them with information regarding social services that are available to them, and eventually connect them with the agencies that provide those social services.

FISCAL IMPACT
The total cost of adding the one new police officer position consists of the costs of their salary and benefits, which is estimated to be $84,717.36 for the first year. This expenditure was not previously authorized in the City’s budget for Fiscal Year 23-24, but it has been determined that funding is available to be allocated for the costs out of the General Fund.

RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 24-23, authorizing the addition of one regular full-time entry level police officer position for the Department.

Attachment:

1. Resolution No. 24-23
1 BEFORE THE CITY COUNCIL
OF THE

CITY OF MENDOTA, COUNTY OF FRESNO
RESOLUTION NO. 24-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA

AUTHORIZING THE ADDITION OF ONE REGULAR FULL-TIME ENTRY LEVEL

POLICE OFFICER POSITION 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, to enhance the level of law enforcement services that are provided to the community, it is necessary to add one regular full-time entry level police officer position within the Department to address matters related to unhoused individuals.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mendota, that the City of Mendota hereby authorizes the addition of one regular full-time entry level police officer position for the Department. ______________________________
Victor Martinez, Mayor
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 14th day of May, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
Celeste Cabrera-Garcia, City Clerk
1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: CELESTE CABRERA-GARCIA, CITY CLERK
VIA: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: AMENDING CHAPTER 12.20 OF THE MENDOTA MUNICIPAL CODE RELATING TO THE

EXCLUSIVE USE OF CITY FACILITIES
DATE: MAY 14, 2024
ISSUE
Shall the City Council introduce and waive the first reading of Ordinance No. 24-01, amending Chapter 12.20 of the Mendota Municipal Code relating to the exclusive use of City facilities?

BACKGROUND
The City’s continued growth has caused an increase in the number of requests for exclusive use of City facilities that the City receives. The City Council discussed its concerns regarding the need to balance expanded public access to the City’s facilities, parks, and recreation areas, the preservation of these facilities, and continued enforcement of the Mendota Municipal Code (“MMC”) provisions related to exclusive use of these facilities.

In March and April 2024, the City Council hosted several public discussions regarding a Facility Use Policy, a copy of which is attached as Exhibit “A” (the “Draft Policy”), that streamlines the City’s historical Facility Use Permit Application process, outlines the rules and regulations for using City facilities, and provides enforcement procedures.

At its regular meeting held on April 9, 2024, the City Council directed staff to proceed with the next steps necessary to effectuate the Draft Policy and its provisions.

ANALYSIS
Chapter 12.20 of the MMC governs the public’s use of City-owned parks and recreation areas. To effectuate the provisions of the proposed Policy, amendments to Chapter 12.20 must be made to include portions of the Draft Policy and to reference the City Council’s authority to adopt and amend the Draft Policy via Resolution.

At the April 23, 2024, regular meeting, the City Council will consider introducing and waiving the first reading of Ordinance No. 24-01, and scheduling the public hearing for adoption of Ordinance No. 24-01 and the Draft Policy via Resolution for the May 14, 2024 City Council meeting.

FISCAL IMPACT
As the City continues to process Facility Use Permit Applications, the City will expend necessary staff time and resources in the City Administration (including the City Manager’s Office, the City Clerk’s Office, and the Finance Department), Public Works, and Police Departments to process, 2 oversee, and enforce the permits for and use of City facilities. The amount of staff time and resources spent will depend on the number of Facility Permit Applications that are received and processed each year.

RECOMMENDATION
Staff recommends that the City Council introduce and waive the first reading of Ordinance No. 24-01, amending Chapter 12.20 of the Mendota Municipal Code relating to the exclusive use of City facilities, and schedule a public hearing regarding this Ordinance for May 28, 2024.

Attachments:

1. Proposed Facility Use Policy

2. Ordinance No. 24-01
Policy No. 24-02
1 FACILITY USE POLICY

1. PURPOSE:

The goal for the City of Mendota (“City”) is to promote the full use of City facilities, including parks, athletic fields, playgrounds, etc. The purpose of this Facility Use Policy (“Policy”) is to outline the City of Mendota (“City”) procedures for the use of City facilities by outside organizations, businesses, and individuals. This policy has been established to assure that the fields are utilized for recreational, cultural, educational, social and community service functions that meet the needs of the community, as well as, set clear policies, procedures, and regulations for such uses.

2. DEFINITIONS:

The following words and phrases, whenever used in this Policy, shall be construed as defined in this section:
“Adult” status is defined as persons 13 years of age or older. “Athletic Facilities” means any fields or facilities that are designated or are proposed to be used for sports. "Amplified music" means music projected and transmitted by electronic equipment, including amplifiers, the total output of which, including the sum of the wattage output of each channel, exceeds twenty-five (25) watts. "Amplified speech" means speech projected and transmitted by electronic equipment including amplifiers, the total output of which, including the sum of the wattage output of each channel, exceeds twenty-five (25) watts. “Applicant” means individuals, associations, partnerships, corporations, and other legal entities who intend to or have submitted a City Facility Use Permit Application.
“Basic Services” are defined as the maintenance of safe, clean, attractive parks and buildings and the provision of recreation service for the general public. Basic Services preserve and promote physical and mental wellbeing and will continue to be supported by taxpayer resources.

Examples of basic services
• Free play in playgrounds
• Use of City parks or open space for passive use
• General park and recreation administration services
• Park and recreation facility development
Examples of basic facilities
• Unscheduled, unlighted, unmarked baseball/softball/soccer/utility/football fields • Unscheduled outdoor basketball facilities
• Unscheduled tennis courts
• Unreserved picnic tables and shelters
• Parks and playgrounds
• Parking lots for general facility use
• Trails, paths, and restrooms
• Open Space
Policy No. 24-02
2 "Benefit to the community" means the amount of money that will be gained by a Mendota-based nonprofit organization for use in furthering athletic, recreational, cultural, educational, or charitable activities in the City. “Conditions of Approval” means any terms that the City imposes on the Permittee and Facility Use Permit that must be met in order for the use of the facility to occur and continue to occur. “Event” means any pre-advertised gathering or assembly of any Persons. “Facility(ies)” means any City-owned structure, grounds, Athletic Facilities, parks, and public areas. "Facility Use Permit Application" means the application that is completed by an Applicant to request exclusive use of a Cityowned facility as provided for in this Policy. "Facility Use Permit" means a written authorization issued by the City for exclusive use of a City-owned facility as provided for in this Policy.
“Non-Profit Organization” is defined as an organization that meets all of the criteria as identified by the Internal Revenue Service. The organization must be registered as a not-for-profit corporation by the State of California. If the organization is not registered with the State, they must have a constitution, set of bylaws, or mission statement which clearly states the objectives of the organization are of a non-profit, non-commercial nature. “Permittee” means individuals, associations, partnerships, corporations, and other legal entities who have been approved to use a City-owned facility and have been issued written authorization by the City for exclusive use of a City-owned facility.

Once a Facility Use Permit is granted by the City, the Applicant will be referred to as a Permittee. "Persons" means individuals, associations, partnerships, corporations, and other legal entities. “Priority Group Classification” means the designation level of priority for Applicants. “Resident” status is defined as groups or organizations comprised of at least 90% of Mendota residents as established by the boundaries of the Mendota Unified School District. Team rosters and/or individual participant photo ID may be required by City staff to verify residency status.
“Special Services” are defined as services where revenues are necessary to support continued use. By this definition, individuals can expect to pay a fee for the privilege of using the fields and facilities to the exclusion of others and without interference.

Examples of special fields/facilities/services
• Use of electricity for special events
• Schedules/reserved use of indoor facilities (gyms, meeting rooms, courts, etc.) • Lighted baseball/softball/soccer/utility/football fields • Maintenance necessary for sports programs (Field striping, Infield drag, etc.) • Use of parks for special events
• Reserved picnic tables and shelters
“Youth” status is defined as persons 12 years of age or under.

Policy No. 24-02
3 3. FACILITY USE PERMIT REQUIRED
In accordance with Mendota Municipal Code Chapter (“MMC”) 12.20, Applicants who plan on or intend to use a City Facility for any pre-advertised Event or hold an Event that consists of a group of twenty-five (25) or more Persons, are required to obtain a Facility Use Permit prior to said use. Any and all Events held on City Facilities must be conducted in compliance with the MMC and the City’s Facility Use Policy.

4. PRIORITY GROUP CLASSIFICATIONS
Priority use of Facilities will be allocated as follows:

Group 1: City sponsored or co-sponsored events. City youth/adult athletic programs and/or leagues.

Group 2: Local non-profit youth or not-for-profit youth organizations. Organizations must be based in the City. Must have a majority of Mendota resident participants. Conduct open registration regardless of skill level. Operate through volunteer coaches and administrators. Provide an “everyone plays” philosophy.

Group 3: Local non-profit organizations that are not specifically youth related and serve the general public.

Organizations must be based in the City.

Group 4: Local general youth, adults, and private events. This group also includes local profit organizations holding events (tournaments, clinics and/or camps with individual or team participation fees) to generate profit for private use.

Group 5: Non-local general youth, adults, and private events. This group also includes non-local non-profit organizations and non-local for-profit organizations holding events (tournaments, clinics and/or camps with individual or team participation fees) to generate profit for private use.

5. FACILITY ALLOCATIONS
The City will approve and issue Facility Use Permits in accordance with the Priority Group Classifications outlined in Section 5 of this Policy. Any conflicting Facility Use Applications will be addressed through the procedures outlined in Subsection 5.1.

5.1. Conflicting Facility Use Applications. Should the City receive Facility Use Applications requesting conflicting dates and/or times, the following procedures will apply:

5.1.1. The City will issue the Facility Use Permit to the Applicant with the highest Priority Group Classification as described in Section 4 of this Policy.

5.1.2. If the Applicants have the same Priority Group Classification, the requested dates and/or times will be divided amongst the Applicants depending on the number of participants for each Event. Each Applicant must provide documentation demonstrating total number of Event participants/registrants or estimated number of Event participants.

5.1.2.1. For Facility Use Applications for Athletic Facilities or Athletic Use of a Facility, Fields will be allocated to Applicants based on the percentage of verifiable total participants in relation to all teams. The total number of organization participants will be divided by the minimum roster size for each sport to determine the total number of teams in each organization. Applicants must provide their rosters to the City by the Policy No. 24-02
4 deadline established by the City in order to determine field allocations. If an Applicant does not submit their rosters to the City by the deadline, they will be assigned any available allocations following allocation assignments.

Example for Athletic Field Allocation Procedure for Conflicting Requests Minimum Roster Sizes
Soccer: 14 (regulation) or 10 (U10 & Below) Baseball/Softball: 12 An example of this would be:

Baseball Group A has 360 participants 360 divided by 12 equals 30 teams Baseball Group B has 240 participants 240 divided by 12 equals 20 teams 30 plus 20 equals 50 teams
30 divided by 50 equals 60.00% of allocation for Group A 20 divided by 50 equals 40.00% of allocation for Group B

5.1.3. If the Applicants all demonstrate an equal amount of Event participants or are unable to provide documentation of total number of Event participants/registrants or estimated number of Event participants, the City Manager, or their designee, will issue the Facility Use Permit to the Event which will provide the most overall benefit to the community.

6. RESTRICTIONS ON FACILITY AVAILABILITY
In order to ensure that all City facilities are adequately maintained and remain in proper condition, the City has established pre-determined facility availability restrictions on athletic facilities. However, the City reserves the right to impose additional availability restrictions on any facilities, as deemed necessary, to allow for maintenance and repairs. The pre-determined facility availability restrictions described in subsections 6.1 only apply to City baseball, softball, and soccer fields. The City also reserves the right to modify the pre-determined facility availability restrictions and extend such restrictions on any City facilities.

6.1. Availability of Athletic Facilities.

6.1.1.Yearly Availability. In order to allow for seasonal turf recovery and field/facility maintenance the City has established the following availability for its Athletic Facilities for the year. No Facility Use Permits will be granted for the duration that athletic fields are closed as shown below.

6.1.2. Weekly Availability. In order to allow for weekly field and facility maintenance the City has established the following availability for its Athletic Facilities for the week. No Facility Use Permits will be granted for the duration that those athletic fields are closed as shown below.

Jan Feb March April May June July Aug Sept Oct Nov Dec
Fields Closed Fields Available (Weekly Restrictions Still Apply) Fields Closed
Policy No. 24-02
5 6.1.2.1. Availability of Baseball Fields.

6.1.2.2. Availability of Soccer Fields.

6.1.3.Hourly Restrictions. In order to minimize daily impacts to the Athletic Facilities and to preserve their conditions, the City has established the following hourly usage restrictions.

6.1.3.1. Adult Use of Athletic Facilities. Any Event involving the use of any City Athletic Facilities by adults is limited to a five (5) hour facility usage to reduce the more significant wear and tear on facilities that is associated with adult sports. This allotted time must also include any field preparation, practices/games, and clean-up. If a Facility Use Permit is granted for use of an athletic field by adults, no other Facility Use Permit will be granted for that same day, unless the secondary (and any subsequent) use is solely by youth.

Any events that anticipate or plan to exceed the hourly restrictions (including tournaments) for Sports Fields will be considered on a case-by-case basis by the Mendota Recreation Commission at a public meeting of the body. If the Recreation Commission is unable to meet to consider the Application, the Application may be considered administratively by the City Manager, or their designee.

6.1.3.2. Youth Use of Athletic Facilities. Any Event involving the use of any City Athletic Facilities by only youth is not subject to an hourly restriction. If an Event involves the use of the athletic field by a combination of youth and adults, the adult hourly restriction outlined in Subsection 6.1.3.1 will apply.

7. TYPES OF FACILITY USE PERMITS
To ensure equitable use of City Facilities by all interested Persons, the City issues two (2) types of Facility Use Permits: a short-term use permit and a long-term use permit. The intended purpose for each type of Facility Use Permit is as follows:

7.1. Short-term Facility Use Permit. A Short-term Facility Use Permit is issued for any Event lasting a minimum of one (1) day but no longer than seven (7) calendar days. Short-term Facility Use Applications will be accepted and processed by the City year-round on a calendar year basis, and the approval of said Permits are contingent upon the availability of the requested Facility(ies). Applicants are encouraged to submit any Short-term Facility Use Permits as early in the year as possible to ensure that the desired Event dates are secured.

7.1.1. Short-term Facility Use Permit for Events Exceeding the Hourly Restrictions for Athletic Facilities. Any Short-term Facility Use Permit Applications for events that anticipate or plan to exceed the hourly restrictions for Athletic Facilities (including tournaments) will be considered on a case-by-case basis. Said Applications will be considered by the Mendota Recreation Commission at a public meeting of the body. If the Recreation Commission is unable to meet to consider the Application, the Application may be considered administratively by the city Manager, or their designee.

7.2. Long-term Facility Use Permit. A Long-term Facility Use Permit is issued for any Event lasting a minimum of eight (8) calendar days but no longer than three (3) months. The City will accept and process Facility Use Applications in accordance with the following procedures depending on the type of Facility(ies) being requested.

Mon Tues Wed Thurs Fri Sat Sun
Fields Closed Until
4pm
Fields Available
Mon Tues Wed Thurs Fri Sat Sun
Fields Closed Fields Available
Policy No. 24-02
6 7.2.1.Long-term Facility Use Permit – For Non-Athletic Purposes. Any Long-term Facility Use Applications requesting use of a City non-athletic facility or for a use that is not athletic-related may be submitted to the City at any time of the year, but the requested use may not be longer than three (3) months. If the Applicant wishes to utilize the facility for a period longer than three (3) months, a new Facility Use Application must be submitted prior to the conclusion of each term.

7.2.2.Long-term Facility Use Permit – For Athletic Purposes. Long-term Facility Use Applications requesting use of a City Athletic Field or use of a Facility for an athletic use will be considered and approved on a quarterly basis in accordance with the Field Maintenance Calendar shown in Subsection 7.2.3 of this Policy. Long-term Facility Use Applications for each quarter must be submitted no later than the dates specified below in Subsection 7.2.4.

7.2.2.1. Long-term Facility Use Permit Quarters for Athletic Purposes.

7.2.2.2. Deadlines to Submit Long-term Facility Use Applications for Athletic Purposes.

7.2.2.3. Additional Considerations Regarding Long-term Facility Use Applications for Athletic Purposes.

7.2.2.3.1. Should the City receive a Facility Use Permit Application for Athletic Purposes during any given quarter and the requested Facility(ies) are available, the Facility Use Permit will only be granted for use of the Facility for the remainder of the quarter.

7.2.2.3.2. The City reserves the right to modify or cancel the facility use quarters outlined in Subsection

7.2.2.1 for any reason deemed necessary by the City including, but not limited to, inclement weather, poor Facility conditions, the need for additional Facility maintenance or field recovery.

7.3. Additional Considerations Regarding Types of Permits.

7.3.1. Any Short-term Facility Use Applications requesting use of a Facility that has an already approved/existing Long-term Facility Us Permit will only be granted if the City and the existing Permittee are able to accommodate the short-term request. If the City and existing Permittee are unable to accommodate the short-term request, that request will be denied.

8. PROCESS FOR OBTAINING A FACILITY USE PERMIT

8.1. Applying for a Facility Use Permit.

Jan Feb March April May June July Aug Sept Oct Nov Dec
Fields
Closed
Quarter 1 Quarter 2 Quarter 3 Fields
Closed
Quarter Deadline to Submit Application
Quarter 1 February 1 by 5pm
Quarter 2 May 1 by 5pm
Quarter 3 August 1 by 5pm
Policy No. 24-02
7 To request use of a Facility, Applicants must complete the City’s Facility Use Application which can be found on the City’s website at www.cityofmendota.com, by calling City Hall at (559) 655-3291 and requesting an electronic copy, or by visiting Mendota City Hall located at 643 Quince Street, Mendota, CA 93640.

All Facility Use Applications must be submitted in accordance with Section 7 of this Policy, depending on whether the requested use is for a short-term or long-term period. Applicants must ensure to complete the Application in its entirety prior to submittal. All Facility Use Applications must be submitted no later than 15 business days prior to the Event, unless otherwise noted in Section 7.

Applications may be submitted in-person at Mendota City Hall located at 643 Quince Street, Mendota, CA 93640, via fax at (559) 655-4064, or electronically (please contact Mendota City Hall at (559) 655-3291 to request the email address to send the application). The City will confirm receipt of any Applications received.

8.2. Application Processing

8.2.1.Administrative Review. The City will review and process Facility Use Applications in the order in which they are received and in accordance with the provisions contained in this Policy. If additional information is needed for the Application, the City will contact the Applicant. Facility Use Applications will be processed administratively and will be considered by the City Manager, or their designee(s). Any Facility Use Application involving unique circumstances may be reviewed by the City Council.

8.2.2. Action on Facility Use Application. No later than 15 business days following the City’s acceptance of a Facility Use Application, the Applicant will be notified via US Mail or email whether the application was approved or denied.

8.2.2.1. Application Approved. If the application is approved, the Applicant will be provided a copy of the Facility Use Permit, which lists the Conditions of Approval. Once the Facility Use Permit is issued by the City, the Applicant will be considered a Permittee. Permittees must satisfy all Conditions of Approval listed in the Facility Use Permit and as required by this Policy and the MMC.

8.2.2.2. Application Denied. If the application is denied, the Applicant will be provided a letter stating the reason(s) for denial. Reasons for denial of any Facility Use Application may include but are not limited to the following.

A. That the proposed Event/Activity is of a size or nature that will entail unusual expense to the City or will require special police operations.

B. That the applicant has failed to agree to provide a reasonable means of informing all the persons participating in the proposed Event/Activity of the terms and conditions of such permit.

C. That the proposed activity or use will unreasonably interfere with or detract from the promotion of public health, welfare, safety, or recreational activities in the City.

D. That the Applicant refused to agree in writing to comply with all lawful conditions of the permit.

E. That the Applicant failed to file a timely application in accordance with the provisions contained in this Policy and the MMC.

F. That the application failed to adequately specify and inform the City of all the information pertinent to the Event/Activity to the satisfaction of the City.

9. CONDITIONS OF APPROVAL
To ensure the health, safety, and security of the Permittee, the Event/Activity participants, City officer and employees, and the Facilities, the City will impose Conditions of Approval on the Permittee and Facility Use Permit. The Permittee, and any Policy No. 24-02
8 persons acting on behalf of the Permittee, and any Event/Activity participants must comply with the Conditions of Approval (both general and specific conditions) for the Facility Use Permit in order to effectuate the permit.

9.1. General Conditions of Approval. All Facility Use Permits will be subject to the City’s General Conditions of Approval as follows. The City reserves the right to amend this list of general conditions as it deems necessary.

9.1.1.Liability Insurance. Permittees shall be responsible for any and all damage to City premises, equipment, and property. If additional maintenance is required (in excess of normal services/time) after an Event/Activity, the Permittee will be charged accordingly. The City is not responsible for accidents, injuries, or loss/damage to property of individuals/groups using the public fields and facilities. The Permittee will be held responsible for all actions, behavior and damages caused by the Event/Activity participants/guests/attendees. All Permittees will be required to provide the City with an original Certificate of Insurance providing proof of the following coverage:
• Public liability and property damage limits with a combined single limit of not less than one million dollars ($1,000,000.00), with a deductible of no more than ($500.00). • The Permittee must be a name insured.
• The City of Mendota (643 Quince Street, Mendota, CA 93640) must be named as additionally insured. • The coverage shall be maintained throughout the duration of the Facility Use Permit.

The Permittee must submit the Certificate of Insurance and endorsements to Mendota City Hall, Attn: City Clerk, located at 643 Quince Street, Mendota, CA 93640 a minimum of five (5) days prior to the event.

By submitting a Facility Use Application and using the Facilities, the Permittee and any Event/Activity attendees and Participants agree to hold the City of Mendota harmless and free from all liability of any kind resulting from the use of City facilities (to include the reimbursement of any legal costs and fees incurred in defense of such claims).

9.1.2. Key-check Out Form. Permittees are required to complete a key-check out form (if applicable) prior to checking out the key to the Facility and abide by its terms and conditions. The key to the facility will be provided to the applicant on the dates listed in the Facility Use Permit.

9.1.3. Permits and Licenses. Permittees must obtain all necessary permits and licenses (included but not limited to permits and licenses required by the County of Fresno and the City of Mendota, and any additional required by local, state, and federal law) to sell food and non-food products for any and all vendors. Said permits and licenses must remain on the premises and accessible for inspection during the sale of such products.

9.1.4. Maintenance of Facilities. Permittees must maintain the Facility(ies) based on their use and immediately report any observed problems, whether or not caused directly by their use, to Mendota City Hall or the City’s designated employee. Permittees must also comply with the following provisions regarding maintenance.

9.1.4.1. General Upkeep. Permittees must clean up the Facilities after each use. This includes, but is not limited to, picking up trash, emptying trash cans and placing the trash bags in the City’s trash bins, cleaning the area of any spills or seeds, etc.

9.1.4.2. Restrooms. Some Facilities have public restrooms which may be utilized. Permittees will be held responsible for the upkeep and maintenance of the restroom Facility during the course of their event. If a Permittee is required to or chooses to use portable restrooms for their Event/Activity, arrangements must be made with the City. Permittee must contact the City of Mendota at least one week prior to the event for location approval. In addition, Permittees must arrange for and pay all fees directly with the restroom vendor.

9.1.4.3. Lights. Lights are available at some athletic fields and must be requested by the Permittee. Lights Policy No. 24-02
9 will be turned on/off by City staff.

9.1.5. Alcohol Sale and/or Consumption. Permittees will not permit the sale and/or consumption of alcohol on the Facility(ies) unless previously approved by the City. If the sale and/or consumption of alcohol is approved by the City, the Permittee must obtain a license from the State of California Department of Alcoholic Beverage Control and provide a copy of said license to the City no later than five (5) days prior to the start of the Event/Activity.

9.1.6. Compliance with Approved Dates/Time for Facility Use. Permittees will be required to provide schedules to show that all of the allocated Facilities are being utilized. If an allocated Facility is not utilized by the designated Permittee a total of three (3) times during the dates/times specified in a Facility Use Permit, the approved use will be forfeited, and the Facility will become available for reassignment. Permittees will be notified by City staff when it has been determined a Facility is not being used (and prior to forfeiture). Additionally, when Facility Use Permits are issued, the Facility is reserved for the Permittee, to the exclusion of others. Permittees may not assign their scheduled time to other groups. Any such action shall result in the loss of facility use privileges. Recognizing this exclusivity, groups should only reserve the fields they intend to use. Field users must notify the City to report any reserved time that can be released for use of others.

9.1.7.Safety and Security. Depending on the nature of the Event, the Permittee may be required to obtain security or police services. Permittees may also be required to obtain standby ambulance and fire safety services. The Permittee is responsible for any and all expenses or costs related to the safety and security services.

9.1.8. City Personnel. If the City determines that City personnel are required for an Event, they will be assigned. Any resulting expenses or costs will be billed to the Permittee.

9.1.9.Fees and Deposits. Permittees must pay for the fees and deposits required for the use of the Facilities as detailed in the Facility Use Permit, this Policy, and as demonstrated in Exhibit “A” and in accordance with Section 10 of this Policy.

9.1.10. Accommodation of Other Requests. Permittee will work with the City and make their best efforts to accommodate any additional organizations that may need to use the Facility(ies) on the days and times (for short-term Events/Activities) that it is being used by the Permittee.

9.2. Special Conditions of Approval. Certain Events/Activities require special Conditions of Approval that are specifically related to the Permittee, the Event/Activity, or type of use. The following are special Conditions of Approval that the City may impose, depending on the use. The City reserves the right to amend this list of special conditions or impose other special conditions on Facility Use Permits as it deems necessary.

9.2.1. Additional Forms. Depending on the type of Event/Activity that will be held, permittees may be required to complete additional forms or obtain additional permits, including but not limited to a: noise permit, public dance permit, encroachment permit, bingo permit, etc.

9.2.2.Special Conditions for Athletic Fields/Athletic Use

9.2.2.1. Athletic Field Preparation and Maintenance. Athletic Field Lining or Marking. Line marking (with chalk or paint) of City athletic fields is permitted. Burning lines of City athletic fields Facilities is prohibited.

Dragging, raking, etc. of the baseball fields must be complete with the permission of the City.

9.2.2.2. Equipment Regulations. The use of cleats with metal spikes at City Facilities is strictly prohibited.

Policy No. 24-02
10 9.2.2.3. Athletic Field Use Rules and Regulations Form. In addition to the City Facility Use Application, a signed copy of the City’s Athletic Field Use Rules and Regulations Form is required. Applicants are required to abide by specific rules and regulations contained in the form. Failure to comply may result in the retention of the Permittee’s deposit, and/or assessment of penalties as described in Section 11.6.

9.2.2.4. Tournaments. Tournaments hosted by for-profit Permittees will be required to pay a vendor fee for each vendor ($50/vendor) as outlined in the Facility Use Fee Schedule. Tournaments hosted by non-profit Organizations do not have to pay a vendor fee. All vendors will be required to obtain a City business license and any other permits and licenses required by the City and this Policy.

9.3. Failure to Satisfy Conditions of Approval. Failure by the Permittee to satisfy all conditions of approval prior to the start of the planned Event/ Activity will result in the forfeiture of the Facility Use Permit. The Permittee will be required to resubmit a Facility Use Application.

10. FACILITY USE FEES AND DEPOSITS.

10.1. Purpose of Facility Use Fee Schedule. As the City continues to grow and facilities age, the City must develop a financial system to support our community investment while maintaining the high level of service we currently provide. The City will continue to provide basic services funded entirely by general taxpayers; however, those benefiting from special services (which create additional City expenses) must contribute financially. The City acknowledges that the community benefits when youth/adults are engaged in sports activities. The Facility Use Fee Schedule associated with the use of City Facilities is intended for the participants to supplement, rather that supplant the investment of the general taxpayers. The Facility Use Fee Schedule strives to:
• Amortize the capital investment and cover maintenance/operational costs of a field. • Pay for and augment operation/maintenance costs for a field where tax appropriations support the basic service.
• Control use of the field.
• Assess a portion of the costs of the field to users who may not be tax supporters. • Enable the Department to provide fields for which funds might not otherwise be available.

The primary goal of this purpose statement is to develop an understanding that the pricing of services is a conscious procedure that requires continual investigation and review by the City.

10.2. Payment of Fees and Deposits Required. Permittees are required to pay the fees and deposits necessary prior to using the requested Facility(ies). The fees and deposits required for the facility use will be listed on the Facility Use Permit. Permittees must pay all fees and deposits prior to the use of the Facility(ies). If Permittees fail to pay all fees and deposits prior to the use of the Facility(ies), there will be a 10% late fee for each day fees are not paid. All future Facility Use Applications will not be allowed/approved until all fees are paid.

The City will assign the appropriate fees and deposits in accordance with the City’s Facility Use Fee Schedule (as attached hereto as Exhibit “A”), City Administrative Policy No. 2004.01 (Event Permit For Non-Profit Organizations), the City’s Administrative Policy regarding City Participation in Community Events, and any other applicable City fee schedules, policies, and procedures.

If a Permittee forfeits their approved used in accordance with subsection 9.1.6 of this Policy and elects to reapply for the use, the Permittee will be required to pay all deposits/fees once again. Any applicable deposits/fees will not carry over.

10.3. Refunds.

Policy No. 24-02
11 10.3.1. Refunds due to Cancellation of Event/Activity. For activities cancelled by the Permittee five (5) business days or more in advance, field user will be refunded 100% of fees paid. For activities cancelled by the field user less than five (5) business days in advance, field user will be refunded 50% of fees paid.

10.3.2. Refund of Deposit. Deposits will be refunded if the Permittee abides by this Policy, the Conditions of Approval listed in the Facility Use Permit, as well as all pertinent City codes. The deposit will not be refunded if the Permittee fails to abide by the aforementioned regulations or if damage is done to the Faciltiy(ies). If applicable, deposits will be refunded to the Permittee in the form of a check within 30 calendar days following the last day of the facility use. If the deposit will not be refunded (or a portion thereof), the City will notify the Permittee in writing with the reasons for which the deposit (or a portion thereof) is being withheld.

10.3.3. No Deposit Carry Over. Deposits may not be carried over. Permittees must submit deposits for each separate Facility Use Permit.

11. ADDITIONAL CONSIDERATIONS

11.1. City Closure of Facilities. The City reserves the right to set aside additional time during the year for turf recovery, improvement, and maintenance. Furthermore, the City reserves the right to cancel or suspend Facility Use Permits when field conditions could result in injury to players or cause damage to the Facilities. Permits may also be cancelled when the health and safety of participants are threatened due to impending conditions, including but not limited to, heavy rains, smog alerts or pesticide application.

11.2. Inclement Weather. During inclement weather, the City’s maintenance staff will assess the playability of all City Facilities, including sports fields, to determine if use will occur. The Director or designated representative shall have the authority to close any/all fields within the City.

11.2.1. Criteria for Establishing Fields Playability. The following information is the City’s procedures regarding the use of fields in wet conditions. These procedures apply to all sports and activities conducted on a grass field, turf area, or infield:

Baseball and Softball In-Fields
Infields will be deemed unsafe and unplayable when any of the following conditions are present:
• There is standing water within the base paths
• Your feet slip as you walk through the infield
• The depth of your footprint is greater than one half inch • Any of the above conditions are present within the pitching area Soccer, Baseball and Softball Outfields – Turf
Outfields and turf area will be deemed unsafe and unplayable when any of the following conditions are present:
• There is standing water within the majority of a single playing position (playing positions will be determined based on the user group)
• Your feet suction to the ground as you walk within the majority of a single playing position • Your footprints fill with water in the majority of a single playing position • The depth of your footprint is greater than one inch in the majority of a single playing position • Grass can be easily dislodged from the fields during play Policy No. 24-02
12 The following procedures are to be followed regarding the use of fields when there has been rain, overwatering, or other serious weather conditions:
• If it has rained within the preceding 24 hours, Permittees scheduled to use public fields must call the City at (559) 655-3291. City personnel will make determination of field conditions/closures, and the decisions are not negotiable.
• The City may declare a field closed and reopening subject to a re-inspection. Conditions set forth as a result of there-inspection of the field should be evaluated by the Permittee at practice/game time for playability. The Permittee must employ the playability criteria used by City staff. • Permittees are expected to make educated, responsible decisions regarding field condition playability. The groups should employ the playability criteria used by City staff and take into consideration the current and future quality of the turf.
• Persons witnessing misuse of fields by other scheduled or unscheduled users are advised to contact the Mendota Police Department at (559) 600-3111 or Mendota City Hall at (559) 655-3291 (during regular working hours only).
• Misue/Use of Facility during wet conditions shall result in the assessments of penalties as described in Section 11.6 of this Policy. It is the Permittee’s responsibility to ensure that all coaches/parents understand and enforce this policy.

11.3. Facility Modifications. Requests to modify or improve any City field shall be submitted in writing to the City for review and consideration. No permanent structures or equipment shall be erected on City Facilities unless approved by the City and is dedicated for community use. Additionally, Permittees may not temporarily store their equipment or belongings in/at any City Facilities, unless approved by the City. A request to modify or improve a Facility does not constitute approval. Approval will be provided in the form of a written document and will outline the scope of the modifications as approved.

11.4. Turf Preservation. Cooperation is needed for the preservation of the turf of City Facilities by following these guidelines:
• Field use, especially practices, should be conducted in such a way that the action takes place on different sections of turf, thus reducing excessive turf damage in one area. Rotate use of areas, and when possible, stay off fringe or bare areas to limit erosion and further damage. • Replace turf divots at end of each day to help re-root grass. • No tarps or material which may damage the grass may be placed on the turf. Any turf coverings used must be made of breathable material.
• Do not use fields during or after heavy rain, or when wet or muddy (see inclement weather policy). • Soccer practices are not to be held on the infield area of a softball or baseball diamond. • Remove all equipment at the conclusion of each day.
• Do not overcrowd fields by scheduling multiple games in areas reserved. Allow a distance between fields for safe passage of spectators and participants.
• Report hazards to Mendota City Hall at (559) 655-3291. • Report immediate emergencies (broken water lines, gushing sprinkler heads, etc.) to the City’s designated employee. When calling, be prepared to fully identify yourself, your location (park/school), and the specific nature of the emergency so that staff can bring the appropriate repair equipment. • Do not drive or park cars, motorcycles, or other motorized vehicles on turf areas, unless given written authorization by the City.

11.5. Permit Cancellation. The City reserves the right to cancel any Facility Use Permits for any of the following reasons:
• It conflicts with any City sponsored league, program, activity or event Policy No. 24-02
13 • Maintenance needs/issues
• Overuse of a field
• Unsafe conditions
In these cases, all attempts will be made to provide advance notice and to schedule an alternate location. In the event of an emergency, when only short or no notice can be afforded, groups must cooperate with the cancellation so as not to risk loss of facility use privileges. If there are no alternate Facilities to accommodate the use, the City is not obligated to provide an alternate solution.

11.6. Penalties for Facility Use Permit Violations
The City utilizes two separate penalty procedures for Facility Use Permit Violations, depending on the severity of the violation.

11.6.1. Minor Violations. Minor violations include any violations of this Policy. Penalties for minor violations include:

First Offense: Written warning to the user group/individual and restitution for damages/costs, if applicable.

Second Offense: One-day (or one Event day) suspension of any existing permits and restitution for damages/costs, if applicable.

Third Offense: Three-day (or three Event days) suspension of any existing permits and restitution for damages/costs, if applicable.

Subsequent Offenses: One week (or five Event days) suspension of any existing permits and restitution for damages/costs, if applicable.

11.6.2. Major violations. Major violations include the use or presence of unauthorized alcohol, drugs, and the occurrence of fights at any event. Penalties for major violations include:

First Offense: One-month suspension of any existing permits and restitution for damages/costs, if applicable.

Second Offense: Three-month suspension of any existing permits and restitution for damages/costs, if applicable.

Third Offense: Termination of any existing permits, loss of future facility use privileges and restitution for damages/costs if applicable.

Policy No. 24-02
14 EXHIBIT “A”
Policy No. 24-02
15 FEE SCHEDULE FOR THE USE OF CITY OF MENDOTA FACILITIES

ATHLETIC FIELDS/ATHLETIC FACILITIES/USE OF FACILITY FOR ATHLETIC USE

FEE DESCRIPTION FEE TOTAL

FACILITY USE FEES
Use of Field (Private Party)* $200.00 per
league/tournament
Use of Field (Youth and/or Non-Profit)* No Fee
Concession Stand (All Parties) $25.00 per
league/tournament
Tournament Vendor Fee (Private
Party/For Profit)
$50.00 per vendor
Tournament Vendor Fee (Non-Profit) No Fee

DEPOSIT
General Deposit** $250 per
league/tournament
*Includes use of the scoreboard, electricity, and restrooms. **Deposit is refundable upon completion of the facility use if all Facility Use Permit conditions are met

WILLIAM ROBERT JOHNSTON MUNICIPAL AIRPORT

FEE DESCRIPTION FEE TOTAL

FACILITY USE FEES
Use of Facility (Private Party) $500.00 per
application/use
Use of Facility (Youth and/or NonProfit)No Fee

DEPOSITS
General Deposit* $500.00 per
application/use
Key Checkout Deposit* $50.00 per
application/use
*Deposits are refundable upon completion of the facility use if all Facility Use Permit conditions are met
Policy No. 24-02
16 ROJAS-PIERCE PARK

FEE DESCRIPTION FEE TOTAL

FACILITY USE FEES
Main Pavilion & BBQ Pit* $350.00
Concession Stand* $175.00
Small Pavilion $125.00

DEPOSITS
Main Pavilion & BBQ Pit Deposit** $300.00
Concession Stand Deposit** $150.00
Small Pavilion Deposit** $150.00
Key Deposit (if applicable)** $50.00
*Includes electricity
**Deposits are refundable upon completion of the facility use if all Facility Use Permit conditions are met
1 BEFORE THE CITY COUNCIL
OF THE

CITY OF MENDOTA, COUNTY OF FRESNO
ORDINANCE NO. 24-01

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENDOTA AMENDING CHAPTER 12.20 OF TITLE 12 OF THE MENDOTA MUNICIPAL CODE RELATING

TO THE EXCLUSIVE USE OF CITY FACILITIES
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, public morals, or public safety; and WHEREAS, the City has invested substantial funds and work into building and maintaining its facilities, parks, and recreation areas to promote the public health and satisfaction of its citizens; and
WHEREAS, due to the City’s continued growth and an increase in the number of requests for exclusive use of City facilities, the City Council discussed its concerns regarding balancing expanded public access to the City’s facilities, parks, and recreation areas, the preservation of these facilities, and continued enforcement of the provisions related to exclusive use of these facilities; and WHEREAS, in March and April 2024, the City Council hosted several public discussions regarding the implementation of a Facility Use Policy (the “Policy”) to streamline the Facility Use Permit Application process, outline the rules and regulations for using City facilities, and provide enforcement procedures; and WHEREAS, Chapter 12.20 of the Mendota Municipal Code (“MMC”) governs the public’s use of City-owned parks and recreation areas; and WHEREAS, the City Council has determined revisions to Chapter 12.20 of the MMC are required to prepare for the Policy’s future adoption, amendment, and enforcement.

NOW, THEREFORE, the City Council of the City of Mendota does ordain as follows:

SECTION 1. The Recitals set forth above are incorporated herein and by this reference made an operative part hereof.
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2 SECTION 2. Section 12.20.020 of Chapter 12.20 of Title 12 of the Mendota Municipal Code is hereby amended to read as follows:

12.20.020 - Definitions.

The following words and phrases, whenever used in this Chapter, shall be construed as defined in this Section:
"Amplified music" means music projected and transmitted by electronic equipment, including amplifiers, the total output of which, including the sum of the wattage output of each channel, exceeds twenty-five (25) watts. "Amplified speech" means speech projected and transmitted by electronic equipment including amplifiers, the total output of which, including the sum of the wattage output of each channel, exceeds twenty-five (25) watts. "Benefit to the community" means the amount of money that will be gained by a Mendota-based nonprofit organization for use in furthering athletic, recreational, cultural, educational, or charitable activities in the City. "Building" means a structure under the supervision of the City established as a community center or recreational and/or meeting facility, and is considered for the purposes of permits, pursuant to this Chapter, as a park. “Facility Use Policy” means the policy adopted by resolution of the City Council to facilitate the processing and oversight of requests for use of City-owned facilities. The current version of the City’s Facility Use Policy shall be maintained on file with the City Clerk.
"Park" or "recreation area" means City-owned grounds, parks, and public areas devoted to park or recreational purposes.
“Permittee” means a holder of a valid Facility Use Permit. "Facility Use Permit" means a written authorization issued by the City for exclusive use of a park area or building as provided for in this Chapter. "Persons" means individuals, associations, partnerships, corporations, and other legal entities.
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3 SECTION 3. Section 12.20.030 of Title 12 of the Mendota Municipal Code is hereby amended to read as follows:

12.20.030 - Compliance with chapter required.

It is unlawful for any person to enter or remain in any City-owned park, recreation area, facility, or building of the city unless he/she they comply with all of the applicable regulations set forth in this Chapter which apply to such city park, recreation area, facility, or building and the Facility Use Policy, as may be adopted and amended by Resolution of the City Council. The Facility Use Policy shall be regularly updated to ensure all City-owned facilities are regulated and maintained in a manner that allows for reasonable and responsible public use in balance with the need for ongoing maintenance and repairs.

SECTION 4. Section 12.20.040 of Chapter 12.20 of Title 12 of the Mendota Municipal Code is hereby amended to read as follows:

12.20.040 - Exclusive Facility Use Permits, Generally.

A. No City-owned park area, recreation area, building, or facility may be used for any pre-advertised assembly or by groups of twenty-five (25) or more persons without an exclusive Facility Use Permit issued under Section 12.20.120. All applications for permits must be signed by an adult who shall agree to be responsible for the requested use of the City-owned park area, recreation area, facility, or building. The execution of a permit application and acceptance of the issued permit shall constitute the applicant's consent and acceptance of all permit conditions and all restrictions and requirements set forth in this Chapter and the Facility Use Policy.

B. All events and activities at City-owned parks, recreation areas, facilities, or buildings shall be conducted in strict compliance with the requirements and restrictions contained in this Chapter, in the Facility Use Policy, and all permit conditions, which shall include the statements and information set forth in the permit application and all provisions set forth in the promoter's agreement. Any park such event or activity conducted in violation of any permit condition, any of the provisions of this Chapter, any of the provisions of the Facility Use Policy, or the provisions of the promoter's agreement, as applicable, may be summarily terminated by the City and the permit shall be deemed revoked.
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4 SECTION 5. Section 12.20.050 of Chapter 12.20 of Title 12 of the Mendota Municipal Code is hereby amended to read as follows:

12.20.050 - Facility Use Permit Applications, Timing.

A. Written applications for exclusive Facility Use Permits shall be filed with the City during the month of February annually. All such permit applications for the exclusive use of any City-owned park, recreation area, facility, or building shall be filed with the City for processing pursuant to the applicable terms and requirements of the Facility Use Policy. in considered by the city council at its first regular meeting in March annually. All applications for the exclusive use of any city park, recreation area, facility, or building submitted after this annual process shall be approved or denied by the city manager, and shall be deemed secondary to council-approved permits in the event of a conflict.

B. Subject to the terms and requirements of the Facility Use Policy, the City Council, and City Manager, or other reviewing body, as applicable, shall consider the financial and other benefits to the people of Mendota that are likely to result from each of the proposed park event Facility Use Permits, and, in the event of a conflict, shall issue permits to those events which will provide the most overall greatest benefit to the community.

C. Subject to the terms and requirements of the Facility Use Policy, all Facility Use Permit applications shall be filed with the City no later than 15 business days prior to date of the requested use.

SECTION 6. Section 12.20.060 of Chapter 12.20 of Title 12 of the Mendota Municipal Code is hereby amended to read as follows:

12.20.060 - Contents of a Facility Use Permit Application.

Subject to the terms and requirements of the Facility Use Policy, all applications for an exclusive Facility Use Permit shall contain the following information at a minimum:

A. The name of the permit applicant, the sponsoring organization (if any), and the person(s) in charge of the proposed event or activity; B. The addresses and telephone numbers of those persons and/or entities named pursuant to subsection (A) of this section;
C. The date(s) and time(s) of the proposed event or activity; D. The number of persons expected to attend the proposed event or activity; 5 E. A full description of all proposed activities, including, but not limited to, equipment and vehicles to be brought into the City-owned park, recreation area, facility, or building, the nature and duration of the use of such equipment, and the nature and duration of the use of any amplified sound equipment;
F. Whether alcoholic beverages will be sold or served during the proposed event or activity;
G. Whether the proposed event or activity will be promoted by any person for a fee or a share of the proceeds of the event or activity; H. The names, addresses, and telephone numbers of the event or activity sponsor(s) and promoter(s);
I. The specific City-owned park area, recreation area, facility, or building requested for exclusive use;
J. A full description of all entertainment to be provided at the proposed event or activity;
J. If the event or activity is a fundraiser, the purpose(s) of the fundraising activities shall be described in full;
K. The charge to be imposed for admission to the activity or event in the Cityowned park, recreation area, facility, or building (not including amusement park rides), including, but not limited to, a full description of how the proceeds from such admission charge will be distributed among the applicant, promoter(s), and any other person(s);
L. A statement explaining the benefits likely to be derived by the community as a result of the proposed activity or event; and
M. Such other information as may be requested by the City council or city manager.

SECTION 7. Section 12.20.070 of Chapter 12.20 of Title 12 of the Mendota Municipal Code is hereby amended to read as follows:

12.20.070 - Action on Facility Use Permit Application.

The decision granting or denying an exclusive use permit application shall be mailed to the applicant. Denials shall state the reason or reasons for the denial.

A. Administrative Review. The City shall review and process Facility Use Applications in the order in which they are received and in accordance with the provisions contained in this Chapter and the Facility Use Policy. The City may contact applicants using the 6 contact information contained in their application in the event required information is absent.

B. Action on Facility Use Application. The City shall issue a written determination notifying applicants whether their application was approved or denied via U.S. Mail or E-Mail within 15 business days of the City’s acceptance of a complete Facility Use Permit application.

1. Application Approved. If a Facility Use Permit application is approved, the Applicant shall be provided a copy of the Facility Use Permit listing any Conditions of Approval. Once the Facility Use Permit is issued by the City, the applicant shall be considered a Permittee. Permittees must satisfy all
Conditions of Approval listed in their Facility Use Permit, this Chapter, and the Facility Use Policy.

2. Application Denied. If a Facility Use Permit application is denied, the applicant shall be provided a letter stating the reason(s) for the denial.

SECTION 8. Section 12.20.080 of Chapter 12.20 of Title 12 of the Mendota Municipal Code is hereby amended to read as follows:

12.20.080 - Grounds for Denial of Facility Use Permit Application.

The city shall deny the application if it finds that any of the following exist:

Subject to the other requirements of this Chapter and the Facility Use Policy, grounds for denial of Facility Use Applications include, but are not limited to:

A. That the proposed event or activity is of a size or nature that will entail unusual expense to the City or will require special police operations; B. That the applicant has failed to agree to provide a reasonable means of informing all the persons participating in the proposed event or activity of the terms and conditions of such Facility Use Permit;
C. That the proposed activity or use will unreasonably interfere with or detract from the promotion of public health, welfare, safety, or recreational activities in the City;
D. That the applicant refused to agree in writing to comply with all lawful conditions of the Facility Use Permit;
E. That the applicant failed to file a timely application twenty-one (21) business days before the event) in accordance with the provisions contained in this Chapter and the Facility Use Policy; or 7 F. That the applicant failed to adequately specify and inform the City of all the information required for processing of their Facility Use Permit application.

SECTION 9. Section 12.20.090 of Chapter 12.20 of Title 12 of the Mendota Municipal Code is hereby amended to read as follows:

12.20.090 - Fees and Deposits.

Every applicant for an exclusive a Faciltiy Use Permit shall pay all applicable fees and deposits as set by resolution of the city council. contained in the Facility Use Policy. Any refunds of fees or deposits shall be processed in accordance with the Facility Use Policy.

SECTION 10. Section 12.20.100 of Chapter 12.20 of Title 12 of the Mendota Municipal Code is hereby amended to read as follows:

12.20.100 - Violations.

Any violation of the restrictions in this Chapter, the Facility Use Policy, conditions upon of an exclusive Facility Use Permit, provisions of a promoter's agreement, or established park facility rule, shall be an infraction. Where a Facility Use Permit is violated, the following penalties also apply:

A. Minor Violations. Minor violations include any violations of the Facility Use Policy. Penalties for minor violations include:

1. First Offense. Written warning to the group or individual and restitution for damages and costs to the City, if
applicable.

2. Second Offense. One-day (or one event day)
suspension of any existing Facility Use Permit(s) and
restitution for damages and costs to the City, if
applicable.

3. Third Offense. Three-day (or three event days)
suspension of any existing Facility Use Permit(s) and
restitution for damages and costs to the City, if
applicable.

4. Subsequent Offenses. One week (or five event days)
suspension of any existing Facility Use Permit(s) and
restitution for damages and costs to the City, if
applicable.
8 B. Major Violations. Major violations include any use or the presence of unauthorized alcohol, drugs, and/or fighting at any event. Penalties for major violations include:

1. First Offense. One-month suspension of any existing
Facility Use Permit(s) and restitution for damages and
costs to the City, if applicable.

2. Second Offense. Three-month suspension of any
existing Facility Use Permit(s) and restitution for
damages and costs to the City, if applicable.

3. Third Offense. Termination of any existing Facility Use Permit(s), loss of future facility use privileges, and
restitution for damages and costs to the City, if
applicable.

SECTION 11. Section 12.20.110 of Chapter 12.20 of Title 12 of the Mendota Municipal Code is hereby amended to read as follows:

12.20.110 - Indemnity and Financial Responsibility.

A. All Permittees shall be responsible for all costs and damages to Cityowned facilities, equipment, and property. If additional maintenance is required (in excess of regular City maintenance services) after a Permittee’s event or activity, the Permittee shall be responsible to pay restitution to the City for all damages and costs incurred. The City shall not be responsible or otherwise liable for accidents, injuries, losses, or damages to property, individuals, or groups using City-owned fields and facilities. Permittees shall be held responsible and liable for all actions, accidents, injuries, losses, or damages to property, individuals, or groups caused by the event or activity or any of the participants, guests, or attendees of said event or activity.

All permittees shall provide the City with an original Certificate of Insurance providing proof of the following: persons to whom an exclusive use permit has been granted must provide the city with certificates of insurance evidencing liability and property damage limits with a combined single limit of not less than one million dollars ($1,000,000.00), with a deductible of no more than five hundred dollars ($500.00), and which shall specify the city and the applicant as named insureds. The certificate of insurance shall be filed with the city at the time of application for an exclusive use permit. Failure to submit the certificate with the application will result in immediate and automatic rejection of the application.
9 1. Public liability and property damage insurance coverage with a combined single limit of not less than one million dollars ($1,000,000.00), with a deductible of no more than ($500.00);

2. The Permittee must be a named insured on the policy;

3. The City of Mendota (643 Quince Street, Mendota, CA 93640) must be named as additionally insured on the policy; and

4. The policy’s insurance coverage shall be maintained
throughout the duration of the Facility Use Permit.

B. Permittees shall submit all required Certificates of Insurance and endorsements to Mendota City Hall, Attn: City Clerk, located at 643 Quince Street, Mendota, CA 93640, at least five (5) calendar days prior to the activity or event.

C. By submitting a Facility Use Application and using the City’s facilities, the Permittee and each attendee or participant agrees to hold the City of Mendota harmless and free from any and all liabilities of any kind resulting from the use of City-owned facilities (including reimbursement of all legal costs and fees incurred in defense of such claims).

SECTION 12. Section 12.20.120 of Chapter 12.20 of Title 12 of the Mendota Municipal Code is hereby amended to read as follows:

12.20.120 - Exclusive Use of Facilities.

The City's park and recreation facilities parks, recreation areas, buildings, or facilities may be made available for the exclusive use of persons and groups subject to the issuance of a Facility Use Permit as provided in this Chapter and the Facility Use Policy:

A. Permits for the exclusive use of any City-owned park, recreation area, building, or facility for which an admission fee will be charged shall be subject to review by the City Council, and special fees may be assessed.

B. Events sponsored by the City shall not be subject to the provisions of this section.

C. Exclusive use permits Facility Use Permit applicants must meet all conditions listed in this Chapter, the Facility Use Policy, and the conditions of approval listed in an issued Facility Use Permit. 10 D. The City reserves the right to enforce additional Facility Use Permit requirements as outlined in the Facility Use Policy, as amended by Resolution of the City Council from time to time.

SECTION 13. Section 12.20.130 of Chapter 12.20 of Title 12 of the Mendota Municipal Code is hereby amended to read as follows:

12.20.130 - Hours of Operation.

All public parks, facilities, buildings, and recreation facilities shall be closed to the public between the hours of 11:00 p.m. and 7:00 a.m. unless their use during such time is authorized by a special permit issued by the city council Facility Use Permit.

SECTION 14. Section 12.20.240 of Chapter 12.20 of Title 12 of the Mendota Municipal Code is hereby amended to read as follows:

12.20.240 - Use of Amplified Sound.

The use of any system for amplifying sounds, whether for speech, music, or otherwise, is prohibited in any City-owned park, recreation area, building, or facility unless pursuant to an exclusive use permit a Facility Use Permit that authorizes the use of such amplification system.

SECTION 15. Severability. If any part of this Ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this Ordinance, and the City Council hereby declares that it would have passed the remainder of this Ordinance, as if such invalid portion thereof had been deleted.

SECTION 16. The City Council hereby finds and determines that its adoption of this Ordinance is not subject to environmental review under the Public Resources Code, § 21000 et seq., the California Environmental Quality Act (“CEQA”), because the amendments do not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and therefore are not considered a “project” under CEQA. (Pub. Res.

Code, § 21065; 14 Cal. Code Regs., §§ 15378(a), 15064(d)(3).) Accordingly, the City Clerk is hereby directed to file a Notice of Exemption.

SECTION 17. 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 18. This Ordinance shall become effective at midnight on the 31st day following its adoption.
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11 The foregoing ordinance was introduced on the 14th day of May, 2024, and duly passed and adopted by the City Council of the City of Mendota at a regular meeting thereof held on the ____ day of _________, 2024, 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
1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: JEFFREY O’NEAL, AICP, CITY PLANNER
BY: SARA ALLINDER, AICP, CONTRACT PLANNER
SUBJECT: ZONING TEXT AMENDMENT TO MENDOTA MUNICIPAL CODE TITLE 17 DATE: MAY 14, 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’s 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.

The public hearing regarding the ZTA was originally noticed and placed on the agenda for the City Council’s consideration at the regularly scheduled meeting on April 23, 2024, however it was continued by unanimous vote of the City Council to the City Council’s regularly scheduled meeting on May 14, 2024.

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 2 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:

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
3 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

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 the public hearing was published in the April 12, 2024 edition of The Business Journal and was posted at City Hall and the City’s website. At its regularly scheduled meeting on April 23, 2024, the City Council unanimously voted to continue this public hearing to May 14, 2024.

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. 2024-02, 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 14th day of May, 2024, and duly passed and adopted by the City Council of the City of Mendota at a regular meeting thereof held on the 28th 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
Mendota, California, Code of Ordinances
Title 17 ZONING
Mendota, California, Code of Ordinances Created: 2023-08-15 15:51:13 [EST] (Supp. No. 23)

Page 1 of 193 ends

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)
Created: 2023-08-15 15:51:08 [EST]
(Supp. No. 23)

Page 2 of 193 ends

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.

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 Created: 2023-08-15 15:51:08 [EST]
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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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