Parlier City Council
December 19, 2024

F. Electric distribution substations and communications equipment buildings. (Ord. 68-128 §5-215.3, 1968).

18.16.050 Prohibited uses.

The following uses are expressly prohibited in the R-2 district:

A. Commercial uses, including commercial uses such as hotels, apartment hotels, motor courts, motels or other buildings wherein housing facilities are furnished to transient boarders or roomers; B. Industrial uses;
C. Agricultural uses;
D. Advertising structures;
E. Adult uses.
(Ord. 85-19 §5, 1985; Ord. 68-128 §5-215.3, 1968).

18.16.060 Property development standards.

The property development standards in Sections 18.16.060 through 18.16.070 shall apply to all land and structures in the R-2 district.
(Ord. 68-128 §5-215.5, 1968).

18.16.070 Lot area.

Each lot shall have a minimum area of six thousand square feet, except as provided in Section 18.16.090 below.
(Ord. 68-128 §5-215.5(A), 1968).

18.16.080 Lot dimensions.

All lots hereafter created shall comply with the following minimum standards and lots now existing may not be reduced below these standards. Each dimension is minimum only. One or both shall be increased to attain the minimum lot area required.

A. Width.

1. Interior lots shall have a minimum width of sixty feet.

2. Corner lots shall have a minimum width of sixty-five feet.

3. Reversed corner lots shall have a minimum width of seventy feet.

4. Lots siding on freeways or railroad rights-of-way shall have a minimum width of eighty feet.

5. Curve lots and cul-de-sacs lots shall have a minimum street frontage width of forty feet.

B. Depth.

1. Lots facing on local streets shall have a minimum depth of one hundred feet.

Created: 2822-08-25 12:02:28 [EST]
(Supp. No. 17)

2. Lots facing on major or secondary highways shall have a minimum depth of one hundred twenty feet.

3. Lots backing on freeways or railroad rights-of-way shall have a minimum depth of one hundred thirty feet.
(Ord. 68-128 §5-215(B), 1968).

18.16.090 Population density.

A. The following population density standards shall apply to all lots in this district:

Where both community water supply and public sewage disposal systems exist, there shall be a minimum of three thousand square feet of lot area for each dwelling unit. в. A nonconforming lot of record under separate ownership at the time it became nonconforming may be used for or occupied by any use permitted in this district subject to the following limitations:

1. Where a lot has less than four thousand square feet of lot area or more, said lot shall not be used for more than one dwelling unit;

2. Where the lot has four thousand square feet of lot area but less than six thousand square feet of lot area, said lot shall not be used for more than two dwelling units. (Ord. 68-128 §5-215.5(C), 1968).

18.16.100 Building height.

A. No main building or structure erected in this district shall have a height greater than two and one-half stories, not to exceed thirty-five feet.

B. No garage or carport erected in this district shall have a height greater than one story, not to exceed twelve feet to plate height.

C. No accessory building erected in this district shall have a height greater than seven feet.

D. Exceptions. All buildings hereafter designed or erected, and existing buildings which may be reconstructed, altered, moved or enlarged, shall comply with the height regulations of the district in which they may be located, with the following exceptions:

Roof structures, for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building; and fire or parapet walks, skylights, towers, church steeples, flagpoles, chimneys, smoke-stacks, silos, water tanks, or wireless masts or similar structures, when approved by the commission, may be erected above the height limits prescribed in this section; provided, that the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances. No roof structures, or any spaces about the height limit, shall be allowed for the purpose o oroviding additional living or floor space.
(Ord. 85-03 §1(D), 1985: Ord. 68-128 §5-215.5(D), 1968).

Created: 2022-88-25 12:02:28 [EST]
(Supp. No. 17)

Created: 2022-08-25 12:02:28 [EST)
(Supp. No. 17)

18.16.110 Yard and setback requirements.

Schedule.

MAIN BUILDING ACCESSORY BUILDING GARAGE AND CARPORT

A - FRONT YARD A - FRONT YARD A - FRONT YARD
1A NORMAL 20 1. NORMAL 20 1. NORMAL 20

FEET FEET FEET

B REQUIRING SITE PLAN REVIEW AT
FEET

2. CUL-DE-SAC LOTS 2. CUL-DE-SAC LOTS 20 2. CUL-DE-SAC LOTS 20

FEET FEET FEET

3. CURVED LOTS 3. CURVED LOTS 20 3. CURVED LOTS 20

FEET FEET FEET

4. MIN. FOR PARTIALLY BUILT UP 4. MIN. FOR PARTIALLY BUILT UP 4. MIN. FOR PARTIALLY BUILT UP 20 BLOCKS. FEET BLOCKS. FEET BLOCKS. FEET

5. VARIATION ALLOWED FOR 5. VARIATION ALLOWED FOR 5. VARIATION ALLOWED FOR NEIGHBORHOOD UNIT PLAN. FEET NEIGHBORHOOD UNIT PLAN. FEET NEIGHBORHOOD UNIT PLAN. FEET

B - SIDE YARD B - SIDE YARD B - SIDE YARD

1. NORMAL 1A WHEN LESS THAN 85 FT. FROM 1A WHEN LESS THAN 85 FEET FROM FEET FRONT PROPERTY LINE. FRONT PROPERTY LINE. FEET
B WHEN 85 FEET OR MORE FROM NONE B WHEN 85 FEET OR MORE FROM NONE FRONT PROPERTY LINE. FRONT PROPERTY LINE

2. CORNER LOTS 10 2. CORNER LOT WHEN ABUTTING A 2. CORNER LOT WHEN ABUTTING A 10 FEET STREET. STREET. FEET

3. REVERSE CORNER LOTS. 3. REVERSE CORNER LOTS WHEN 3. REVERSE CORNER LOTS WHEN FEET ABUTTING A STREET. FEET ABUTTING A STREET. FEET

4. FROM OPPOSITE SIDE OF ALLEY, 4. FROM OPPOSITE SIDE OF ALLEY, 25 4. FROM OPPOSITE SIDE OF ALLEY WHEN ABUTTING ALLEY. FEET WHEN OPENING IS ON ALLEY 5 FOOT FEET WHEN OPENING IS ON ALLEY 5 FOOT FEET MIN. FROM PROPERTY LINE. MIN. FROM PROPERTY LINE.
5A WHEN USED FOR DRIVEWAY 10
ACCESS TO PARKING. FEET
Created: 2022-88-25 12:02:28 [EST]
(Supp. No. 17)

B WHEN USED FOR DRIVEWAY AND 13
PEDESTRIAN ACCESS. FEET

C- REAR YARD C - REAR YARD C - REAR YARD
1A NORMAL 20 1. WHEN NOT ABUTTING ON ALLEY NONE 1. WHEN NOT ABUTTING ON ALLEY NONE FEET OR EASEMENT. OR EASEMENT.

2. REVERSE CORNER LOT, ABUTTING 2. REVERSE CORNER LOT, ABUTTING STREET AND ACCESS ON STREET. FEET STREET AND ACCESS ON STREET. FEET

3. FROM OPPOSITE SIDE OF ALLEY 25 3. FROM OPPOSITE SIDE OF ALLEY 25 WHEN OPENING IS ON ALLEY 5 FT. FEET WHEN OPENING IS ON ALLEY 5 FT. FEET MIN. FROM PROPERTY LINE. MIN. FROM PROPERTY LINE.

Created: 2022-08-25 12:02:28 (EST)
(Supp. No. 17)

Exceptions: Permitted projections into required yards. Belt courses, cornices, eaves, sills, fireplace chimneys and other similar architectural features may extend or project into a required side yard not more than five inches for each one foot of the width of such required side yard and may extend or project into a front or rear yard not more than thirty inches.
(Ord. 68-128 §5-215.5(E), 1968).

18.16.120 Space between buildings.

A. Minimum space between exterior walls of main buildings on the same lot:

1. For buildings side to side the minimum space shall be ten feet;

2. For buildings rear to side, front to side, with entries or exits into space, the minimum space shall be fifteen feet;

3. For buildings front to rear, rear to front with entries or exits into space, the minimum space shall be twenty feet;

4. For buildings front to front arranged about an interior court permitting ten foot wide review in said interior court, the driveway being access to parking area or building, the minimum space shall be thirty feet. Without the driveway, the space shall be twenty-five feet;

5. Between building and side lot line, where entries or exits are located in said side yard, the minimum space shall be five feet; said space shall be free and clear of all projections from the ground to eight feet above the ground;

6. When side yard is used for driveway access to serve parking facilities:
a. The minimum space shall be ten feet,
b. If pedestrian access is required to rear dwelling, then the space shall be increased to thirteen feet and a three-foot paved walk shall be provided for such pedestrian access.

Minimum space between exterior walls of main building and accessory buildings on the same lot:

1. Garages and other nondwelling structures shall be located not less than six feet from any main building unless such structure is attached to the main building with a common wall or party wall.

2. Where a garage is located within the area defined by the projections of the side lines of any main building, and where the garage faces and is detached from any main building and vehicular access to the garage falls entirely or in part within said area, the garage shall be not less than twenty-five feet from the main building or buildings.

When accessory buildings are attached to a main building by a breezeway roof, the provisions of paragraphs 1 and 2 shall apply.
(Ord. 68-128 §5-215.5(F), 1968).

18.16.130 Lot coverage.

The maximum lot coverage by buildings or structures shall not exceed fifty percent of the total lot area. (Ord. 68-128 §5-215.5(G), 1968).

Created: 2922-88-25 12:02:28 [EST]
(Supp. No. 17)

18.16.140 Fences, hedges and walls-Swimming pool setback requirements.

Fence, hedge or wall maximum height:

Front Yard Side Yard Rear Yard
Interior lot Key lot Plug 3 feet 6 feet 6 feet
lot
Reversed Corner lot 3 feet Street side 3 feet 6 feet
B. Notwithstanding the requirements of subsection A of this section, fences limited to three feet in height may extend to four feet in height, if they comply with city standard drawings St.-1a, Ib or St.-2.

C. For nonresidential uses, the provisions of the general conditions, Section 18.32.130 shall apply.

D. Fences, over six feet in height for enclosing game areas shall be located within the rear half of the lot, and shall be constructed of wire mesh which will admit at least ninety percent of light. Such fences shall be permitted in the required side or rear yard subject to commission review and approval.

Swimming pools shall be entirely enclosed by fencing or walls at least six feet in height, and the enclosure shall be equipped with self latching gates or doors, the latching being located not less than four feet above the ground. All light for pools shall be hooded so the light will not shine on the abutting properties. All fencing must be in place and approved by the city before water is run into the pool.

F. Setback requirements for swimming pools:

Front Yard Side Yard Rear Yard
5 foot inside of the required 1. Five foot inside of the 8 foot from rear lot line. front setback line. required side setback line
when abutting a side street.

2. Five foot inside of the
interior side lot line.
(Ord. 88-05 §2, 1988; Ord. 68-128 §5-215.5(H), 1968).

18.16.150 Off-street parking.

The following provisions shall apply, subject to the general conditions, Section 18.32.140.

A. In calculating the parking spaces shall be at least one covered space and one-half open space for each dwelling unit. The covered space shall be in a garage or carport. These spaces shall be on the same lot froth ther same main buildling which they are intended to serve and located to the rear of the required B. For nonresidential uses, the off-street parking provisions in the general conditions, Section 18.32.140, shall apply.
(Ord. 68-128 §5-215.5(1), 1968).

Created: 2822-88-25 12:02:28 [EST]
(Supp. No. 17)

18.16.160 Access.

A. The requirements in the R-1 district, Section 18.14.150 shall apply.

B. If a lot has vehicular access on an alley, there shall be provided as a minimum pedestrian access way a side yard not less than five feet in width from the street frontage to the rear property line. (Ord. 68-128 §5-215.5(J), 1968).

18.16.170 Outdoor advertising.

The provisions of the R-1 district, Section 18.14.160 shall apply. (Ord. 68-218 §5-215.5(K), 1968).

18.16.180 Site plan review.

When more than one main building is placed on a lot, a site plan showing the location of all buildings and structures shall be submitted to the commission for review and approval, see Chapter 18.40. (Ord. 68-128 §5-215.6, 1968).

Chapter 18.18 R-3 DISTRICT—MEDIUM DENSITY MULTIPLE FAMILY RESIDENTIAL Sections:

18.18.010 Intent.

The R-3 district is intended to provide for the development of medium density multiple family residential structures for purposes of rental or sale to permanent occupants on lots not less than seven thousand five hundred square feet in area.
(Ord. 68-128 §5-216, 1968).

18.18.020 Uses permitted-Generally.

The following uses shall be permitted in the R-3 district, plus such other uses as the commission may deem to be similar and not more obnoxious or detrimental to the public health, safety and welfare. All uses shall be subject to the property development standards of Sections 18.18.060 through 18.18.170:

A. Uses permitted in the R-2 district shall apply:

1. Single family residence dwelling units, not more than one dwelling per lot,

2. Garages or carports,

3. Accessory buildings, limited to one per lot and a maximum floor area of one hundred twenty square feet;
B. Multiple housing facilities, including rooming and boarding houses, apartment houses and apartment court, but not to include housing facilities furnished to transient boarders or roomers; C. Fraternities and sororities;
Created: 2022-88-25 12:02:28 [EST]
(Supp. No. 17)

D. Churches and parochial schools;
Public schools;
F. Private schools;
Public libraries;
H. Public parks and playgrounds;
Accessory uses customarily incident to any of the above uses, when located on the same lot and not involving the conduct of a business;
Accessory buildings, limited to one per lot and a maximum floor area of one hundred twenty square feet.

K. Accessory dwelling units, subject to the requirements of section 18.14.168;= L. Employee housing, six persons or fewer;
Mobile and manufactured homes, in the same manner as they are permitted in section 18.14.045 and

18.14.165;
Nt. Residential care facility, small;
O. Supportive housing:

P. Transitional housing.

M. Supportive housing:

N. Residential care facilities

0. Employee Housing
(Ord. 85-03 §1(D), 1985: Ord. 68-128 §5-216.1, 1968).

18.18.030 Uses permitted-Subject to commission review and approval.

The following uses shall be permitted subject to review and approval by the commission:

A. Microwave relay structures;
B. Nursery schools or day nurseries, caring for not more than ten children, if the subject lot is occupied by only one dwelling unit;
C. Rest homes, licenses as such, with nor more than five patients; D. Temporary construction materials storage yards, in the tract being developed; E. Temporary tract offices and model homes, in the tract being developed; (Ord. 68-128 §5-216.2, 1968).

18.18.040 Uses permitted-Subject to conditional use permit.

The following uses shall be permitted subject to a conditional use permit as provided for in Section

18.32.040:

A. Country clubs and golf courses;
Created: 2022-08-25 12:02:28 [EST]
(Supp. No. 17)

B. Electrical distribution substation and communications equipment buildings; C. Off-site subdivision signs, subject to provisions of Section 18.18.170; Private clubs and lodges, excepting those the principal activity of which is a service customarily carried on as a business;
E. Rest homes, licensed as such, which house not more than twenty-four persons including members of the resident family;
F. Sanitoriums and hospitals.

G. Mobile home parks:
(Ord. 68-128 §5-216.3, 1968).

18.18.050 Prohibited uses.

The following uses are expressly prohibited in the R-3 district:

A. Commercial uses, including commercial residential uses such as hotels, apartment hotels, motor courts, motels or other buildings wherein housing facilities are furnished to transient boarders or B. Industrial uses;
C. Agricultural uses;
D. Advertising structures;
Professional offices.
(Ord. 68-128 §5-216.4, 1968).

18.18.060 Property development standards.

The property development standards in Sections 18.18.070 through 18.18.170 shall apply to all land and structures in the R-3 district.
(Ord. 68-128 §5-216.5(part), 1968).

18.18.070 Lot area.

Each lot shall have a minimum area of seven thousand five hundred square feet, except as provided in Section 18.18.090 below.
(Ord. 68-128 §5-216.5(A), 1968).

18.18.080 Lot dimensions.

All lots hereafter created shall comply with the following minimum standards and lots now existing may not be reduced below these standards. Each dimension is minimum only. One or both shall be increased to attain the minimum lot area required:

A. Width.

Created: 2022-08-25 12:02:28 [EST]
(Supp. No. 17)

1. Interior lots shall have a minimum width of sixty feet.

2. Corner lots shall have a minimum width of sixty-five feet.

3. Reversed corner lots shall have a minimum width of seventy feet.

4. Lots siding on freeways or railroad rights-of-way shall have a minimum width of one hundred ten feet.

5. Curve lots and cul-de-sac lots shall have a minimum street frontage width of forty-five feet.

B. Depth.

1. Lots facing on local streets shall have a minimum depth of one hundred ten feet.

2. Lots facing on major or secondary highways shall have a minimum depth of one hundred fifty feet.
(Ord. 68-128 §5-216.5(B), 1968).

18.18.090 Population density.

The following population density standards shall apply to all lots in the district:

A. For lots created subsequent to May 4, 1968, there shall be a minimum of two thousand square feet of lot area for each dwelling unit.

B. For lots of record on May 4, 1968:

1. Where the lot has less than three thousand square feet of area, the lot shall not be used for more than one dwelling unit;
Where the lot has three thousand square feet or more but less than four thousand five hundred square feet the lot shall not be used for more than two dwelling units;

3. Where the lot has four thousand five hundred square feet or more but less than six thousand five hundred square feet, the lot shall not be used for more than three dwelling units.

C. For multiple stories, divide the minimum area per dwelling unit by the number of stories.

D. Exceptions. Assessor's Parcel Number 355-031-27 and 358-390-13, as they existed on the subsequently mentioned date, shall be developed pursuant to the requirements of Program 5 of the City's 6*h Cycle Housing Element, adopted on December 19, 2024. These two parcels shall be developed by right at a minimum of 20 dwelling units per acre.
(Ord. 68-128 §5-216.5(C), 1968).

18.18.100 Building height.

A. No building or structure erected in this district shall have a height greater than three stories, not to exceed forty feet in height.

No garage or carport erected in this district shall have a height greater than one story, not to exceed twelve feet to plate height.

C. No accessory building erected in this district shall have a height greater than seven feet.

Created: 2022-08-25 12:02:28 [EST]
(Supp. No. 17)

Exceptions. All buildings hereafter designed or erected, and existing buildings which may be reconstructed, altered, moved or enlarged, shall comply with the height regulations of the district in which they may be located with the following exceptions:

Roof structures, for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building; and fire or parapet walks, skylights, towers, church steeples, flagpoles, chimneys, smoke-stacks, silos, water tanks, or wireless masts or similar structures, when approved by the commission, may be erected above the height limits herein prescribed, provided that the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances. No roof structures, or any spaces about the height limit, shall be allowed for the purpose of providing additional living or floor space.
(Ord. 85-03 §1(F), 1985: Ord. 68-128 §5-216.5(D), 1968).

Created: 2022-88-25 12:02:28 [EST]
(Supp. No. 17)

Created: 2022-08-25 12:02:28 (EST]
(Supp. No. 17)

18.18.110 Setback and yard requirements.

A. Schedule.

MAIN BUILDING ACCESSORY BUILDING GARAGE AND CARPORT

A - FRONT YARD A - FRONT YARD A - FRONT YARD
1A NORMAL 15 1. NORMAL 15 1. NORMAL
FEET 15

FEET FEET
B REQUIRING SITE PLAN REVIEW AT 50
FEET

2. CUL-DE-SAC LOTS 15 2. CUL-DE-SAC LOTS 15 2. CUL-DE-SAC LOTS 15 FEET FEET FEET

3. CURVED LOTS 15 3. CURVED LOTS 15 3. CURVED LOTS 15

FEET FEET FEET

4. MIN. FOR PARTIALLY BUILT UP 4. MIN. FOR PARTIALLY BUILT UP 15 4. MIN. FOR PARTIALLY BUILT UP 15 BLOCKS. FEET BLOCKS. FEET BLOCKS.

FEET

5. VARIATION ALLOWED FOR 5. VARIATION ALLOWED FOR 5. VARIATION ALLOWED FOR NEIGHBORHOOD UNIT PLAN. FEET NEIGHBORHOOD UNIT PLAN. FEET NEIGHBORHOOD UNIT PLAN. FEET

B - SIDE YARD B - SIDE YARD B - SIDE YARD

1. NORMAL 1A WHEN LESS THAN 85 1A WHEN LESS THAN 85
FEET FEET FROM FRONT PROPERTY LINE. FEET FEET FROM FRONT PROPERTY LINE. FEET B WHEN 85 NONE B WHEN 85 NONE

FEET OR MORE FROM FRONT FEET OR MORE FROM FRONT
PROPERTY LINE. PROPERTY LINE.

2. CORNER LOTS 10 2. CORNER LOT WHEN ABUTTING A 10 2. CORNER LOT WHEN ABUTTING A FEET 10
STREET. FEET STREET. FEET

3. REVERSE CORNER LOTS 3. REVERSE CORNER LOTS 10
20 FEET FEET 3. REVENS A STREET.OTS WHEN FEET

4. FROM OPPOSITE SIDE OF ALLEY, 30 4. FROM OPPOSITE SIDE OF ALLEY, 25 4. FROM OPPOSITE SIDE OF ALLEY, 25 WHEN ABUTTING ALLEY. FEET WHEN OPENING IS ON ALLEY 5 FOOT FEET WHEN OPENING IS ON ALLEY 5 FOOT FEET MIN. FROM PROPERTY LINE. MIN. FROM PROPERTY LINE.

C - REAR YARD C - REAR YARD C - REAR YARD
Created: 2022-68-25 12:02:28 [EST]
(Supp. No. 17)

1A NORMAL 1. WHEN NOT ABUTTING ON ALLEY NONE 1. WHEN NOT ABUTTING ON ALLEY NONE FEET OR EASEMENT. OR EASEMENT

2. REVERSE CORNER LOT, ABUTTING 2. REVERSE CORNER LOT, ABUTTING STREET AND ACCESS ON STREET. FEET STREET AND ACCESS ON STREET. FEET

3. FROM OPPOSITE SIDE OF ALLEY 25 3. FROM OPPOSITE SIDE OF ALLEY 25 WHEN OPENING IS ON ALLEY 5 FT. FEET WHEN OPENING IS ON ALLEY 5 FT. FEET MIN. FROM PROPERTY LINE. MIN. FROM PROPERTY LINE.

Created: 2022-08-25 12:02:28 [EST]
(Supp. No. 17)

B. Exceptions: Permitted projections into required yards. Belt courses, cornices, eaves, sills, fireplace chimneys and other similar architectural features may extend or project into a required side yard not more than five inches for each one foot of the width of such required side yard and may extend or project into a front or rear yard not more than thirty inches.
(Ord. 68-128 §5-216.5(E), 1968).

18.18.120 Space between buildings.

The minimum space requirements of the R-2 district, Section 18.16.120, shall apply. (Ord. 68-128 §5-216.5(F), 1968).

18.18.130 Lot coverage.

The maximum lot coverage by buildings or structures shall not exceed fifty-five percent of the total lot area. (Ord. 68-128 §5-216.5(G), 1968).

18.18.140 Fences, hedges and walls-Swimming pool setback requirements.

A. Fence, hedge or wall maximum height:

Front Yard Side Yard Rear Yard
Interior lot Key lot Plug lot 3 feet 6 feet 6 feet
Reversed Corner lot 3 feet Street side 3 feet 6 feet
B. Notwithstanding the requirements of subsection A of this section, fences limited to three feet in height may extend to four feet in height, if they comply with city standard drawings St.-1a, 1b or St.-2.

C. For nonresidential uses, the provisions of the general conditions, Section 18.32.130 shall apply.

D. Fences over six feet in height for enclosing game areas shall be located within the rear half of the lot, and shall be constructed of wire mesh which will admit at least ninety percent of light. Such fences shall be permitted in the required side or rear yard subject to commission review and approval.

E. Swimming pools shall be entirely enclosed by fencing or walls at least six feet in height, the enclosure shall be equipped with self-latching gates or doors, the latching being located not less than four feet above the ground. All light for pools shall be hooded so the light will not shine on the abutting properties. All fencing must be in place and approved by the city before water is turned into the pool.

F. Setback requirements for swimming pools:

Front Yard Side Yard Rear Yard
5 foot inside of the required front 1. 5 foot inside of the required side 8 foot from rear lot line. setback line. setback line when abutting a side
street.

2.5 foot inside of the interior side lot
line.

Created: 2822-08-25 12:02:28 [EST]
(Supp. No. 17)

(Ord. 88-05 §3, 1988; Ord. 68-128 §5-216.5(H), 1968).

18.18.150 Off-street parking.

The following provisions shall apply, subject to the general conditions Section 18.32.140:

A. For residential uses, the provisions of the R-2 district, Section 18.16.150, shall apply.

B. For nonresidential uses, the off-street parking provisions in the general conditions, Section 18.32.140, shall apply.
(Ord. 68-128 §5-216.5(I), 1968).

18.18.160 Access.

A. The provisions of the R-1 district, Section 18.14.150, shall apply.

B. If a lot has vehicular access on an alley the provisions of the R-2 district, Section 18.16.160, shall apply. (Ord. 68-128 §5-216.5(J), 1968).

18.18.170 Outdoor advertising.

The provisions of the R-1 district, Section 18.14.160, shall apply. (Ord. 68-128 §5-216.5(K), 1968).

18.18.180 Site plan review.

Not more than one main building shall be placed on any lot in this district, until a site plan shall have been submitted and approved by the commission, pursuant to the provisions of Chapter 18.40. (Ord. 68-128 §5-216.6, 1968).

Chapter 18.20 T-P DISTRICT— TRAILER PARK RESIDENTIAL
Sections:

18.20.010 Intent.

The T-P trailer park residential district is created to provide for the accommodation of residential trailers at a standard consistent with the protection of the health, safety and welfare of the community on lots not less than one and one-half acres in area. Such district is herein deemed to be a multiple family residential district, and a trailer is herein deemed to be a dwelling.
(Ord. 68-128 §5-218, 1968).

Created: 2822-88-25 12:02:28 [EST]
(Supp. No. 17)

18.20.020 Uses permitted-Generally.

The following uses shall be permitted in the T-P district, plus such other uses as the commission may deem to be similar and not more obnoxious or detrimental to the public subject to the property development standards in Sections 18.20.060 through 18.20.190:

A. Trailer park;
Temporary or permanent telephone booths;
Outdoor advertising shall be permitted. Signs shall be located on the premises and shall not exceed one hundred square feet in area on one face of the sign on any one property frontage- D. Accessory dwelling units, subject to the requirements of section 18.14.168; E. Employee housing, six or persons or fewer;
tE Manufactured Mobile and manufactured homes, in the same manner as they are permitted in section

18.14.045 and 18.14.165;
L. Mobilehomes:

GG. Residential care facility, smallies;
H. Supportive housing:

JD. Transitional housing.i
E. Supportive housingi
F. Small group homes;
G. Residential care facilities;
H. Accessory dwelling units;
+ Manufactured homes:
+ Mobilehomes:
(Ord. 68-128 §5-218.1, 1968).

18.20.030 Uses permitted-Subject to commission review and approval.

There are no uses permitted subject to commission review and approval in the T-P district. (Ord. 68-128 §5-218.2, 1968).

18.20.040 Uses permitted-Subject to conditional use permit.

A. Large group homes
There are no uses permitted subject to conditional use permit in the T-P district. (Ord. 68-128 §5-218.3, 1968).

Created: 2022-08-25 12:02:28 [EST]
(Supp. No. 17)

18.20.050 Prohibited uses.

The following are expressly prohibited in the T-P district:

A. Industrial uses;
B. Advertising structures;
C. Commercial uses;
D. Adult uses:¿
E. Site-built multiple-family residences.
(Ord. 85-19 §6, 1985; Ord. 68-128 §5-218.4, 1968).

18.20.060 Property development standards.

The standards codified in Sections 18.20.070 through 18.20.190 shall apply to all land and structures in the T- P trailer park district.
(Ord. 68-128 §5-218.5(part), 1968).

18.20.070 Lot area and dimensions.

Each lot shall have a minimum area of one and one-half acres. (Ord. 68-128 §5-218.5(A), 1968).

18.20.080 Trailer space.

A. Each trailer space shall be a minimum of thirty feet in width.

B. Existing trailer parks may continue to operate after May 4, 1968, if the existing spaces are less than one thousand five hundred square feet, but in no case shall any trailer space have an area of less than one thousand square feet per space.

Trailer parks may provide spaces for vacation trailers which shall have a minimum area of seven hundred fifty square feet. Only twenty percent of the trailer spaces will be used for vacation trailers. (Ord. 68-128 §5-218.5(B), 1968).

18.20.090 Population density.

A. Population density standards shall apply to all trailers spaces in the district.

B. There shall be a minimum of two thousand four hundred square feet of lot area for each trailer space in a trailer park. Lot area shall include automobile parking, access, outbuilding spaces, recreational areas, trailer parking and other similar uses.
(Ord. 68-128 §5-218.5(C), 1968).

Created: 2022-08-25 12:02:29 [EST]
(Supp. No. 17)

18.20.100 Building height.

No structure or building shall have a height greater than two and one-half stories and shall not exceed thirty- five feet.

B. Exception. Within this district, all buildings hereafter erected or existing buildings altered or moved shall comply with the height regulation, with the following exception:

Roof structures for housing or elevators, to operate and maintain the building; and fire or parapet walls, skylights, towers, church steeples, flagpoles, chimneys, smokestacks, silos, water tanks, or wireless masts or similar structures, when approved by the commission, may be erected above the height limits herein prescribed, provided that the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances. No roof structures, or any spaces about the height limit shall be allowed for the purpose of providing additional living or floor space. (Ord. 68-128 §5-218.5(D), 1968).
(Supp. No. 17) Created: 2022-08-25 12:02:29 [EST]

Created: 2022-08-25 12:02:29 [EST]
(Supp. No. 17)

18.20.110 Setback and yard requirements.

Main Buildings or Trailers Accessory Buildings Garage and Carports A. Front Yard A. Front Yard A. Front Yard
Normal 15 Feet Normal | 15 Feet Normal 15 Feet
B. Side Yard B. Side Yard B. Side Yard
Normal 5 Feet Normal 5 Feet Normal 5 Feet
All Corner Lots 10 Feet All Corner Lots 10 Feet 10 Feet C. Rear Yard C. Rear Yard
Normal 10 Feet Normal 10 Feet 10 Feet
Note: Rear yard may be used for access or parking.
(Ord. 68-128 §5-218.5(E), 1968).

Created: 2022-08-25 12:02:29 [EST]
(Supp. No. 17)

18.20.120 Distance between units or other structures.

A. Where trailer units are located on the site, side by side, end to side, or end to end there shall be a distance of ten feet between trailer units, except where trailers abut a roadway which serves as access to and within the trailer park the minimum distance shall be thirty feet.

The distance between any structure and a residential trailer shall be ten feet. (Ord. 68-128 §5-218.5(F), 1968).

18.20.130 Lot coverage.

The maximum lot coverage by buildings and structures shall not exceed fifty percent of the total lot area. The trailer and its parking space shall be considered as covered area. (Ord. 68-128 §5-218.5(G), 1968).

18.20.140 Hedges, fences and walls.

A. Provisions of the R-1 district in regard to setbacks, corner cut-off area requirements and swimming pool regulations shall apply to all lots located in the T-P district.

B. The trailer park shall be enclosed with a solid masonry wall six feet high with exception of the area defined as the front yard, which shall be three feet high. If a trailer park district is next to an agricultural, commercial or manufacturing district a chain link fence with solid screen planting may be used instead of the solid masonry wall. In no case shall the height requirements be changed.

C.

Within the trailer park district, there shall not be located on any lot a fence or wall, of any type, higher than six feet.
(Ord. 68-128 §5-218.5(H), 1968).

18.20.150 Off-street parking.

The following provisions shall apply, subject to the general conditions section 18.32.140:

A. There shall be one off-street automobile parking space on each lot for each trailer parking space.

B. Guest parking. There shall be one additional off-street automobile parking space for each ten trailer spaces.
(Ord. 68-128 §5-218.5(l), 1968).

18.20.160 Access.

A. The provisions of the R-1 district, Section 18.14.150, shall apply.

B. Trailer park access ways shall have a minimum paved width of twenty feet. (Ord. 68-128 §5-218.5(J), 1968).

Created: 2022-08-25 12:02:29 [EST]
(Supp. No. 17)

18.20.170 Signs.

Signs shall be located on the premises and shall not exceed one hundred square feet in area on one face of the sign on any one property frontage.
(Ord. 68-128 §5-218.5(K), 1968).

18.20.180 Size of district.

The minimum size of land for the purposes permitted in the T-P district shall be three acres. (Ord. 68-128 §5-218.5(L), 1968).

18.20.190 Sewer system connections.

Each trailer park shall be connected to the city sanitary sewer system and each trailer space shall be provided with a connection to the sanitary sewer.
(Ord. 68-128 §5-218.5(M), 1968).

18.20.200 Miscellaneous conditions and uses-Vacation trailers.

A. Vacation trailers will be permitted within the T-P district. Only ten percent of the trailer spaces will be used for vacation trailers. All trailer toilets, sink or washing facilities will be connected to a sanitary sewer line.

B. Structures or accessory buildings shall not be constructed as a permanent part of a trailer.

C. Arbors, pergolas, cabanas and other similar structures may be erected in conjunction with a trailer space provided the structure be considered as part of the trailer, even though it shall not be permitted to be attached thereto. The minimum spacing between structures has been set forth in Section 18.20.120. (Ord. 68-128 §5-218.6, 1968).

18.20.210 Site plan review.

A site plan will be submitted to the planning commission for its approval before any trailer park or any buildings for trailer park purposes are erected. The provisions of Chapter 18.40 shall apply. In addition the plans shall show:

A. Location of all trailer parking sites;
Lighting for all interior access ways;
c. Any such architectural and engineering data as may be necessary to permit the commission to make a finding that the provisions of this title are being complied with. (Ord. 68-128 §5-218.7, 1968).

Created: 2822-08-25 12:02:29 (EST]
(Supp. No. 17)

Title 18 - ZONING
Chapter 18.22 C-P DISTRICT- ADMINISTRATIVE AND PROFESSIONAL OFFICE DISTRICT Chapter 18.22 C-P DISTRICT -ADMINISTRATIVE AND PROFESSIONAL OFFICE

DISTRICT
Sections:

18.22.010 Intent.

The administrative and professional office C-P district is herein set forth, to provide for a district wherein related types of professional uses may be developed.
(Ord. 68-128 §5-219, 1968).

18.22.020 Uses permitted-Generally.

Within the C-P administrative and professional office district, the following residential uses shall apply as per property development standards in Sections 18.22.060 through 18.22.180:

A. Residential Uses.

1. For existing residential structures:
a. They may be used for residential purposes, but may not be converted to more intensive residential uses, except in accordance with the property development standards of the R-3 district, Sections 18.18.060 through 18.18.170;
They may be converted to nonresidential uses. If there is a change in the exterior appearance of the building, Section 18.22.030 shall apply; c. They may not be used for residential and non-residential purposes at the same time.

2. Multiple dwellings, subject to the property development standards of the R-3 district, Sections

18.18.060 through 18.18.170.

3. Private residence clubs, fraternity and sorority houses, rest homes, convalescent homes, nursing homes and rooming or boarding houses, subject to the regulations for these uses in Chapter

18.04. B. Nonresidential Uses. With the C-P administrative and professional office district, the following uses shall be considered as nonresidential and shall comply with the development standards set forth in Section 18.22.060 through 18.22.180: Administrative, apartments, church, exhibit halls, general offices, hotels, hospitals up to three stories in height, lodges and clubs, libraries, medical and dental offices, and clinics or laboratories, museums, private and parochial schools, institutions of philanthropic nature (except correction and mental) and home occupations, subject to Chapter 18.04.

C. Accessory dwelling units, subject to the requirements of section 18.14.168; D. Employee housing, six persons or fewer;
E. Low-barrier navigation centers;=
F. Residential care facility, small;
G. Supportive housing:

Parlier, California, Code of Ordinances Created: 2022-08-25 12:02:29 [EST] (Supp. No. 17)

Transitional housing.
(Ord. 68-128 §5-219.1, 1968).

18.22.030 Use permitted-Subject to commission review and approval.

The following use shall be permitted subject to review and approval by the commission:

Within an existing residential structure, when the exterior design or appearance is changed, and when the uses located in the structure are nonresidential.
(Ord. 68-128 §5-219.2, 1968).

18.22.040 Uses permitted-Subject to conditional use permit.

Uses shall be permitted subject to the provisions of Chapter 18.38. (Ord. 68-128 §5-219.3, 1968).

18.22.050 Prohibited uses.

The following are expressly prohibited in the C-P district:

A. Advertising structures;
B. Industrial uses;
New single family homes;
D. Any combination of residential and nonresidential uses on a lot; Adult uses.
(Ord. 85-19 §7, 1985; Ord. 68-128 §5-219.4, 1968).

18.22.060 Property development standards.

For all residential uses in the C-P district, property development standards shall comply with the R-3 district standards, Sections 18.18.060 through 18.18.170, except that lots shall have a minimum area of seven thousand five hundred square feet. For property development standards for nonresidential uses, see Sections 18.22.070 through 18.22.180.
(Ord. 68-128 §5-219.5(part), 1968).

18.22.070 Lot area.

Minimum lot area in the C-P district is seven thousand five hundred square feet. (Ord. 68-128 §5-219.5(A), 1968).

18.22.080 Lot dimensions.

A. Width. Minimum lot width, sixty-five feet;
Created: 2022-08-25 12:02:29 [EST]
(Supp. No. 17)

B. Depth. Minimum lot depth, one hundred ten feet.
(Ord. 68-128 §5-219.5(B), 1968).

18.22.090 Population density.

There shall be a minimum of seven thousand five hundred square feet per lot. (Ord. 68-128 §5-219.5(C), 1968).

18.22.100 Building height.

A. No building shall exceed three stories or forty feet in height, except hospitals, to which Section 18.22.040 shall apply.

B. Exceptions. Roof structures, for the housing of elevators stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building; and fire or parapet walls, skylights, towers, church steeples, flagpoles, chimneys, smokestacks, silos, water tanks, or wireless masts or similar structures, when approved by the commission, may be erected above the height limits herein prescribed, provided that the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances. No roof structures or any spaces about the height limit shall be allowed for the purpose of providing additional living or floor space.
(Ord. 68-128 §5-219.5(D), 1968).

18.22.110 Setback and yard requirements.

A. Right-of-way Control. No building shail be erected within fifty feet of the right-of-way of any railroad line, freeway or flood control channel, and any building shall be thirty feet away from any right-of-way line or major county road.

B. Front Yard.

1. Each lot shall have a minimum front yard of ten feet and shall be landscaped, except: When the C-p district abuts or is across the street from a residential district the front yard setback requirements for the C-P district shall be the same as the adjacent residential district.

2. Swimming pools shall not be located in any required front yard.

C. Side Yard.

1. No requirements within the C-P district, except when a lot abuts a street there shall be a ten foot setback on the street side.

2. No side yard required, except when the C-P district abuts a residential district there shall be a side yard of ten feet on the C-P lot on the side abutting the residential district.

3. When the C-P district abuts or is across the street from a residential district the side yard requirement for the C-P district shall be the same as the adjacent residential district.

4. Swimming pools shall not be located closer than five feet from any side property line, and shall be fenced as required in Section 18.22.140.

D. Rear Yard. No requirements, except where the C-P district abuts a residential district, then each lot shall have a setback of ten feet.

Created: 2822-08-25 12:02:29 [EST]
(Supp. No. 17)

E. Exceptions. Permitted projections in rear, front and side yards for C-P uses abutting a residential district include:

1. Overhangs, eaves, fireplaces, stairways, and balconies not covered by a roof; and other architectural features may extend into the required yard not more than thirty inches.

2. Unenclosed platforms, porches, or landing places which do not extend above the level of the first floor, may extend into any front yard six feet, side or rear yard three feet, provided that an open-type railing thirty inches high be constructed around the platform, porch or landing place.

3. Depressed stairs and ramps may extend into any front yard six feet, side or rear yards three feet, provided than an open-type railing forty-two inches high be constructed around the opening. (Ord. 68-128 §5-219.5(E), 1968).

18.22.120 Space between buildings.

There are no requirements for the C-P district.
(Ord. 68-128 §5-219.5(F), 1968).

18.22.130 Lot coverage.

There are no lot coverage requirements for the C-P district. (Ord. 68-128 §5-219.5(G), 1968).

18.22.140 Fences, hedges and walls-Swimming pool requirements.

A. Section 18.32.130 of the general conditions shall apply.

B. Swimming pools shall be entirely enclosed by fencing or walls at least six feet in height. The enclosure shall be equipped with self-latching gates or doors, the latching being located not less than four feet above the ground. All lights for pools shall be hooded so the light will not shine on the abutting properties. All fencing must be in place and approved by the city before water is turned into the pool.

C. Where the C-P district lot sides or rears on a residential district, a solid masonry wall five feet in height shall be erected alongside the property line. Front yard wall shall be reduced to three feet in height.

D. Where a street becomes a boundary between the C-P district and the residential district the front yard or side yard setback shall be ten feet from the property line, the wall height shall be three feet in height, and the space between the property line and the wall shall be landscaped. (Ord. 68-128 §5-219.5(H), 1968).

18.22.150 Off-street parking.

A. There shall be provided within the C-P district a minimum of one square foot of parking area for each one square foot of gross floor area. Standards of the general conditions, Section 18.32.140, shall apply.

B. Parking for residential uses within the C-P district, Section 18.16.150 of the R-2 district and Section 18.32.140 of the general conditions shall apply.
(Ord. 68-128 §5-219.5(l), 1968).

Created: 2822-88-25 12:02:29 [EST]
(Supp. No. 17)

18.22.160 Access.

A. Access to all off-street parking areas shall be from a dedicated and improved street, service road or alley. The design of the access shall be approved by the city.

There shall be no vehicular access to residential property from a county road or a major highway which is shown on the city's general plan.

C. If vehicular access is via a driveway parallel to a side line, there shall be an access from the street to alley for both pedestrians and vehicles. The access shall be ten feet to the building line.

If vehicular access to a lot is via an alley, there shall be a pedestrian access way five feet wide from alley to street.
(Ord. 68-128 95-219.5(J), 1968).

18.22.170 Outdoor advertising.

A. Section 18.24.160 shall apply. (See C-4 district.)
B. For other outdoor advertising uses, the R-1 district provisions, Section 18.14.160, shall apply. (Ord. 68-128 §5-219.5(K), 1968).

18.22.180 Loading spaces required.

Number of Loading Spaces Gross Floor Area
A. Office buildings and hotels

1. 3,500 - 50,000 square feet

2. 50,001 - 100,000 square feet

3. 100,001 - and over square feet
B. Institutions and hospitals

1. 3,000 - 20,000 square feet

2. 20,001 - 50,000 square feet

3. 50,001 - 80,000 square feet

4. 80,001 - 110,000 square feet
C. Other permitted buildings or uses

1. 3,000 - 15,000 square feet

2. 15,001 - 45,000 square feet

3. 45,001 - 75,000 square feet

4. 75,001 - 105,000 square feet
D. A minimum loading space shall be twelve feet in width, forty feet in length and fourteen feet in vertical clearance.

Created: 2022-08-25 12:82:29 [EST]
(Supp. No. 17)

E. When loading space abuts any alley or one-half the alley, the width of the lot can be considered as part of the loading space.
1Ord. 68-128 55-219.5(L), 1968).

18.22.190 Site plan review.
any a site plane us be sue te to the a hate i fries aproval before any buigi reced on. (Ord. 68-128 55-219.6, 1968).

Chapter 18.24 C-4 DISTRICT-CENTRAL TRADING DISTRICT
Sections:

18.24.010 Intent.

The C-4 district has been set forth to serve as the central trading area of the community. (Ord. 68-128 §5-223, 1968).

18.24.020 Uses permitted-Generally.

The following uses shall be permitted in the C-4 district, plus such other uses as the commission may deem to be similar and not more obnoxious or detrimental to the public health, safety and welfare. All uses shall be subject to the property development standards in Sections 18.24.060 through 18.24.170.

A. Retail:

Appliance store;
Antique shop;
Bakery;
Clothing;
Confectionery (candy) with some manufacturing;
Dress shop;
Drug store;
Department store;
Furniture store, new and used;
Food store;
Food markets;
Hobby shop;
Hardware store;
Jewelry store;
Created: 2022-08-25 12:02:29 [EST]
(Supp. No. 17)

Liquor store;
Musical instruments;
Notions;
Pet shop;
Pool hall;
Plants;
Stationery stores;
Variety store.

B. Services
Accounting office;
Bank and financial institution;
Barber and beauty shops;
Building and loan shops;
Bus depot;
Communication equipment building;
Employment agency or halls;
Garden supply;
Insurance office;
Libraries and reading rooms;
Medical offices;
Medical, dental and optical laboratories;
Newspaper printing:

Post office;
Printing shop (blueprint, lithographing, publishing);
Photographic supplies;
Professional officials;
Reducing salons;
Real estate offices;
Restaurants (provided that no alcoholic beverages shall be consumed on the premises); Self-service laundries;
Shoe shine parlor;
Shoe stores (including repair);
Super drugs;
Supermarkets;
(Supp. No. 17) Created: 2822-08-25 12:02:29 [EST]

Taxi stand;
Television and Radio sales and repair;
Tire sale;
Toy store;
Upholstery shop.

C. Others:

Accessory dwelling units, subject to the requirements of section 18.14.168; Adult uses;
Apartments (four unit minimum, no duplexes);
Apartment-hotels;
Auto motels;
Bowling alleys;
Emergency shelters, subject to the requirements of section 18.32.470; Employee housing, fewer than six persons;
Employee housing, more than six persons;
Hotels;
Lodges;
Low-barrier navigation centers;
Meeting halls;
Motels;
Movie theaters;
Residential care facility, small;
Residential care facility, large;
Signs;=
Single-room occupancy units, subject to the requirements of section 18.32.480;= Supportive housing;
Transitional housing:
(Ord. 85-19 §2, 1985; Ord. 84-05 §§1, 2, 3, 1984; Ord. 68-128 §5-223.1, 1968).

18.24.030 Uses permitted-Subject to commission review and approval.

Uses subject to commission review and approval in the C-4 district are as follows:

Automobile parts sales (new);
Automobile sales with incidental service and repair (any service and repair shall be conducted within an enclosed building);
Created: 2022-08-25 12:02:29 [EST]
(Supp. No. 17)

Automobile parking lots (subject to property development standards, Sections 18.24.060 through

18.24.170), and Sections 18.24.140 and 18.32.140, (parking standards); Cleaners;
Drive-in cafe or restaurant;
Ice and food dispensing machines;
Used car lots.
(Ord. 68-128 §5-223.2, 1968).

18.24.040 Uses permitted-Subject to conditional use permit.

Uses subject to conditional use permit in the C-4 district are as follows:

Art foundry/studio;
Art foundry/studio apartment;
Automobile repair (conducted within an enclosed building); Mortuaries:

Pool halls;
Restaurants (with alcoholic beverages sold or consumed on premises); provided, that no such use shall be located within two hundred feet of a residential district; provided, however, that such use may be permitted within two hundred feet of a residential district subject to the following conditions, and such other conditions as the council finds necessary to mitigate the effect of such use on neighboring residential zone districts: that the operator of such use may operate with and only with a type 41 ABC license (beer and wine on sale-public eating place), that no more than ten percent of the gross income generated from such use shall be directly attributable to the sale of alcoholic beverages, that the owner of such use shall render quarterly reports to the city showing gross income, including income attributable to the sale of alcoholic beverages, that audible noise from the premises shall not be heard from outside the external walls of such premises, and that the operator of such use shall not apply for a license from ABC other than a category 41 license;
Sale of secondhand goods or used clothing (all goods stored, displayed and sold shall be within an entirely enclosed building);
Swap shops;
Tortilla sales and factory (handmade);
Video arcades;
Wood cabinet and furniture manufacturing, to be considered a temporary use with an approved permit valid for a maximum of two years. (Ord. 92-05 §2, 1992: Ord. 89-07 §2, 1990: Ord. 88-04, 1988; Ord. 86-4 $1, 1986: Ord. 84-05 §6, 1984; Ord. 83-11 §|(part), 1983; Ord. 68-128 §5-223.1, 1968).

18.24.050 Prohibited uses.

Uses expressly prohibited in the C-4 district include:
(Supp. No. 17) Created: 2822-08-25 12:82:29 [EST]

A. New residential;
B. Industrial;
C. Trailer parks.
(Ord. 68-128 §5-223.4, 1968).

18.24.060 Property development standards.

The standards in Sections 18.24.070 through 18.24.170 shall apply to all land and structures in the C-4 central trading district.
(Ord. 68-128 §5-223.5 (part), 1968).

18.24.070 Lot area.

There are no lot area requirements in the C-4 district. (Ord. 68-128 §5-223.5(B).

18.24.080 Lot dimensions.

There are no lot dimension requirements in the C-4 district. (Ord. 68-128 §5-223.5(B), 1968).

18.24.090 Population density.

There are no population density requirements in the C-4 district. (Ord. 68-128 §5-223.5(C), 1968).

18.24.100 Building height.

The building or structure height shall not exceed six stories or seventy-five feet. (Ord. 68-128 §5-223.5(D), 1968).

18.24.110 Setback and yard requirements.

No requirements, except where the C-4 district abuts a residential district there shall be a yard of not less than ten feet wide extending the full width and length of the C-4 lot. If the C-4 district boundary is a side or rear lot line, the yard may be used for parking or loading provided a six foot high masonry wall is placed on the lot line. All storage yards shall be enclosed by a six foot high masonry wall at the lot line. If the C-4 district boundary is a street, the front and side year shall be landscaped and maintained, and a three foot masonry wall shall be erected at the setback line.
(Ord. 68-128 §5-223.5(E), 1968).

Created: 2022-08-25 12:02:29 [EST]
(Supp. No. 17)

18.24.120 Space between buildings.

There are no requirements for the C-4 district.
(Ord. 68-128 §5-223.5(F), 1968).

18.24.130 Lot coverage.

There are no lot coverage requirements for the C-4 district. (Ord. 68-128 §5-223.5(G), 1968).

18.24.140 Off-street parking.

Within the C-4 district there shall be a minimum of one square foot of off-street parking area for every one square foot of gross floor area.

B. The parking spaces shall be on the building site or be located within five hundred feet from the lot upon which the building is, to serve.

C. Parking may be accomplished by membership in an assessment district (parking district) for the purpose of developing off-street parking facilities.

D. The planning commission shall make a recommendation, in writing, before the city council shall deem any community parking area as satisfying the requirements of this section.

E. The provisions of the P off-street parking district, Chapter 18.30, shall apply.

F. The provisions of the general conditions Section 18.32.140 shall apply. (Ord. 68-128 §5-223.5(H), 1968).

18.24.150 Access.

There shall be adequate vehicular access from a dedicated and improved street, service roads or alley, the design of which shall be approved by the city. The commission shall designate the location and number of ingress and egress to the property.
(Ord. 68-128 §5-223.5(I), 1968).

18.24.155 Adult uses.

The adult uses subject to the provisions of this section are recognized as having serious objectionable operational characteristics which are incompatible with, and may have a deleterious effect upon, adjacent areas.

The adult uses subject to the provisions of this section shall not be located or maintained within one thousand feet of the nearest street entrance to or exit from any:

A. Public library;
B. Public playground or park;
C. Public or private school, including elementary, high school or grade school; D. Nursery school or child-care nursery;
(Supp. No. 17) Created: 2022-08-25 12:02:29 [EST]

E. Church, convent, monastery, synagogue or other place of worship; or Another existing adult use.
(Ord. 87-5 $2, 1987).

18.24.160 Outdoor advertising—Sign control.

The intent of sign control for the C-4 commercial trading district is to control the size and general appearance of signs in relationship and proportion to the building. Therefore, signs should be somewhat uniform, not clashing with each other on the surrounding area.

A. Size of signs attached to buildings may not exceed one square foot for each front foot of the structure or portion of the structure wherein the pertaining use is conducted, or one-half square foot of sign for each front foot of the lot upon which the structure is located. The total sign area per commercial use may not exceed one hundred square feet, for each building frontage. The minimum sign area for occupancy need not be less than forty square feet.

Building frontage to be used in calculating the permitted sign area shall include frontage whereon a public entrance to the occupancy is located. Separate calculations may be made for front, side and rear entrances and separate signs may be erected on each of these building frontages.

C. Signs shall not extend over a public sidewalk or right-of-way. All faces of signs mounted on or attached to a building shall be parallel to the face of the building except that fin-type signs shall be permitted in connection with automobile service stations.

D. Signs on marquees shall be in proportion with the length and depth of the marquee but the sign shall not protrude below or above the marquee.

No blinking, flashing, rotating or animated signs shall be permitted on the exterior of any building in this district.

F. In cases where parking lots are adjacent to or at the rear of buildings, signs may be located on the side or rear of the building and shall be developed to the same standards as are required in the front of the buildings.

Lights used on illuminated signs or advertising structures shall be so installed as to concentrate the illumination on the sign or advertising structure and so as to minimize glare upon a public street or adjacent property.

H. Direction signs and free-standing directional signs related to the location of buildings, or related to the activities on the property on which the signs are located, shall not exceed six square feet in area for Billboards should not be permitted in this commercial district.

J. Pole signs (free standing) will be permitted adjacent to parking lots. The height of the pole and the changing advertising material should be limited in size and design subject to the planning commission review and approval.

K. Signs may not be placed on the roofs of buildings except in the case of service stations when the sign is an integral part of the structure.

L. Public posting shall be permitted in specifically approved areas as designated by the planning commission.

M. Parking activities. No signs, billboards or advertising structures, other than those referring to sponsorship, availability and charges for parking space, shall be permitted.

Created: 2022-08-25 12:02:29 [EST]
(Supp. No. 17)

1. One sign for each entrance to a parking facility shall be permitted provided that the sign shall not exceed one square foot of area for each one lineal foot of street footage upon the subject lot, and further provided that no single sign shall exceed one hundred square feet in area.

2. Exit signs, not to exceed six square feet in area, shall be permitted at each exit from the parking lot to any abutting street or alley. All parking-lot signs shall be approved by the planning commission.

N. Lighting. No red, green or amber lights or illuminated signs may be placed in such a position that they could reasonably be expected to interfere with or be confused with any official traffic control device or trafflc signal or official directional guide sign. Lights used to illuminate signs or advertising structures shall be so installed as to concentrate the illumination on the sign or advertising structure and so as to minimize glare upon a street or adjacent property.
(Ord. 68-128 §5-223.5(J), 1968).

18.24.170 Loading spaces required.

Number of Loading Spaces Gross Floor Area
A. Office buildings

1. 3,500 - 50,000 square feet

2. 50,001 - 100,000 square feet

3. 100,001 - and over square feet
B. Commercial buildings

1. 3,500 - 15,000 square feet

2. 15,001 - 45,000 square feet

3. 45,001 - 75,000 square feet

4. 75,001 - 105,000 square feet

5. 105,001 - and over square feet
C. A minimum loading space shall be twelve feet in width, forty feet in length and fourteen feet in vertical clearance.

D. When a loading space abuts any alley and/or one-half the alley, the width of the lot can be considered as part of the loading space.
(Ord. 68-128 §5-223.5(K), 1968).

18.24.180 Site plan review.

A site plan will be submitted to the planning commission for its approval before any building is erected or any parking facilities developed on any lot within the C-4 district. The provisions of Chapter 18.40 shall apply. (Ord. 68-128 §5-223.6, 1968).

Created: 2822-08-25 12:02:30 [EST]
(Supp. No. 17)

Title 18 -ZONING
Chapter 18.26 C-5 DISTRICT-GENERAL COMMERCIAL
Chapter 18.26 C-5 DISTRICT-GENERAL COMMERCIAL
Sections:

18.26.010 Intent.

This C-5 general commercial district is developed to serve commercial uses which do not belong in the general trading district.
(Ord. 68-12855-224, 1968).

18.26.020 Uses permitted-Generally.
be similar and not more obnoxious or detrimental to the public health, safety and welfare. All uses shall be subject The following uses shall be permitted in the C-5 district, plus such other uses as the commission may deem to to the property development standards in Sections 18.26.060 through 18.26.170 of this chapter:

A. Retail:

Automobile sales with incidental repair and service (any repair to be conducted within an enclosed building);
Automobile parts (new);
Automobile supply (new);
Boat sales;
Convenience store or market, excluding alcohol sales;
Electrical supply;
Furniture;
Garden supply;
Grocery store, including incidental alcohol sales;
House trailer sales;
Heavy equipment sale and repair;
Machinery sales;
Mattress shop;
Model home display;
Motel;
Nursery;
Pottery sales (located within an enclosed building);
Secondhand stores (display of merchandise shall be within an enclosed building).

B. Services:

Parlier, California, Code of Ordinances
(Supp. No. 17) Created: 2022-88-25 12:02:38 [EST]

Ambulances;
Automobile reupholstery;
Communications equipment building;
Laundry agencies or pick-up facilities;
Professional offices;
Sign painting;
Storage garage;
Tractor sales and repair;
Tire recapping;
Tinsmith;
Utility distribution substation;
Upholstery;
Veterinarian.

C. Recreation:

General commercial amusements, excluding video arcades; Miniature golf courses;
Pitch and putt course;
Skating rink;
Sport arena.
(Ord. 97-6 §2, 1997: Ord. 85-06 §1, 1985; Ord. 84-05 §54, 5, 1984; Ord. 83-11 §2(part), 1983; Ord. 68-128 §5-224.1, 1968).
(Ord. No. 2021-05, § I, 9-2-2021)

18.26.030 Uses permitted-Subject to commission review and approval.

Uses permitted subject to commission review and approval in the C-5 district include:

Automobile repair (garage), repair to be conducted within an enclosed building; Body and fender shop, to be conducted within an enclosed building; Body paint shop, to be conducted within an enclosed building; Churches;
Clubs and lodges;
Golf driving range;
Pitch and putt course;
Parking lots or parking structures.
(Ord. 68-128 §5-224.2, 1968).

Created: 2022-08-25 12:02:30 [EST]
(Supp. No. 17)

18.26.040 Uses permitted-Subject to conditional use permit.

Uses permitted subject to conditional use permit in the C-5 district include:

Auction houses;
Automobile repair (located within an enclosed building); Convenience store or market, including alcohol sales;
Drive-in or drive-thru restaurant;
Farm equipment repair;
Funeral parlor or mortuary;
Laundromat;
Liquor sales as a primary activity;
Mechanical or hand car wash (may include accommodations for large vehicles); Radiator shop;
Service station (may include diesel fueling facilities); Temporary caretaker office/unit, to be considered a temporary use, with an approved conditional use permit valid for a maximum of three years.
(Ord. 96-01 §1, 1996; Ord. 93-07 § 2, 1993: Ord. 68-128 §5-224.3, 1968). (Ord. No. 2021-05, § II, 9-2-2021)

18.26.050 Prohibited uses.

The following are expressly prohibited uses in the C-5 district:

New residential;
Industrial uses;
Trailer parks.
(Ord. 68-128 §5-224.4, 1968).

18.26.060 Property development standards.

The property development standards codified in Sections 18.26.070 through 18.26.170 shall apply to all land and structures in the C-5 general commercial district.
(Ord. 68-128 §5-224.5 (part), 1968).

18.26.070 Lot area.

There are no lot area requirements in the C-5 district. (Ord. 68-128 §5-224.5(A), 1968).

Created: 2822-88-25 12:82:30 [EST]
(Supp. No. 17)

18.26.080 Lot dimensions.

There are no lot dimension requirements in the C-5 district. (Ord. 68-128 §5-224.5(B), 1968).

18.26.090 Population density.

There are no population density requirements in the C-5 district. (Ord. 68-128 §5-224.5(C), 1968).

18.26.100 Building height.

The building or structure height shall not exceed six stories or seventy-five feet. (Ord. 68-128 §5-224.5(D), 1968).

18.26.110 Setback and yard requirements.

No requirements, except where the C-5 district abuts a residential district there shall be a yard of not less than ten feet wide extending the full width and length of the C-5 lot. If the C-5 district boundary is a side or rear lot line, the yard may be used for parking or loading, provided a six-foot high masonry wall is placed on the lot line. All storage yards shall be enclosed by a six-foot high masonry wall at the lot line.

If the C-5 district boundary is a street the front and side yard shall be landscaped and maintained; a three- foot masonry wall shall be erected at the setback line. (Ord. 68-128 §5-224.5(E), 1968).

18.26.120 Space between buildings.

There are no requirements in the C-5 district.
(Ord. 68-128 §5-224.5(F), 1968).

18.26.130 Lot coverage.

There are no lot coverage requirements in the C-5 district. (Ord. 68-128 §5-224.5(G), 1968).

18.26.140 Off-street parking.

The requirements shall be the same as the C-4 district, Section 18.24.140. (Ord. 68-128 §5-224.5(H), 1968).
(Supp. No. 17) Created: 2022-88-25 12:02:30 [EST]

18.26.150 Access.

There shall be adequate vehicular access from a dedicated and improved street, service road or alley, the design of which shall be approved by the city. The commission shall designate the location and number of ingress and egress to the property.
(Ord. 68-128$5-224.5(1), 1968).

18.26.160 Outdoor advertising.

The requirements shall be the same as the C-4 district, Section 18.24.160. (Ord. 68-128 §5-224.5(J), 1968).

18.26.170 Loading spaces required.

The requirements shall be the same as the C-4 district, Section 18.24.170. (Ord. 68-128 §5-224.5(K), 1968).

18.26.180 Site plan review.

A site plan will be submitted to the planning commission for its approval before any building is erected or any parking facilities developed on any lot within the C-5 district. The provisions of Chapter 18.40 shall apply. (Ord. 68-128 §5-224.6, 1968).

Chapter 18.28 M-1 DISTRICT-MANUFACTURING
Sections:

18.28.010 Intent.

The M-1 manufacturing district has been created for uses which include manufacturing, fabrication, assembly, processing of material, and specified, limited commercial agricultural operations. (Ord. 68-128 §5-228, 1968).
(Ord. No. 2017-03, § 2, 11-15-2017)

18.28.020 Uses permitted-Generally.

The following uses shall be permitted, provided that no uses shall be carried on in a manner that is, in the opinion of the planning commission, objectionable from the standpoint of odor, dust, smoke, gas, noise or vibration. All uses shall be subject to the property development standards in Sections 18.28.060 through

18.28.190:

Animal hospital and shelter;
Automotive painting;
Created: 2822-08-25 12:02:30 [EST]
(Supp. No. 17)

Automotive reconditioning:

Bulk oil storage and supply;
Butane gas storage;
Carpenter or cabinet shop;
Carpet and rug cleaning plant;
City, county or state maintenance and equipment yards;
Cleaning and dyeing plant;
Commercial cannabis operations subject to the provisions of Chapter 18.55.

Concrete, sand and gravel storage and mixing;
Electric motor;
Employee housing
Farm equipment sales repair and storage;
Feed and fuel yard;
Freight yard;
Grain storage and shipping;
Heavy farm equipment sales and repair;
Ice and cold storage plant;
Ice manufacturing;
Indoor cultivation of crops other than cannabis;
Lumber yard, outside storage and warehouses;
Machinery shop (no punch press over twenty ton or drop hammer); Machinery rental;
Packing of fruit and vegetables;
Packing sheds;
Petroleum bulk plant;
Printing, lithographing, publishing;
Public utility buildings and uses;
Repair garage;
Retail lumber yard including warehousing;
Service station;
Sheet metal shop;
Storage yards and building materials;
Storage yards for contractors:

Tire retreading, recapping, rebuilding;
Created: 2022-08-25 12:02:30 [EST]
(Supp. No. 17)

Truck terminal and repair;
Upholstering;
Welding and machine works;
Wholesaling and warehousing.
(Ord. 68-128 §5-228.1, 1968).
(Ord. No. 2017-03, § 2, 11-15-2017)

18.28.030 Uses permitted—Subject to commission review and approval.

Uses permitted subject to planning commission review and approval shall include: The manufacturing compounding, assembly or treatment of articles of merchandise from previously prepared materials and metals. (Ord. 68-128 §5-228.2, 1968).

18.28.040 Uses permitted-Subject to conditional use permit.

Uses permitted subject to conditional use permit shall include:

Bailed cotton storage;
Cotton compress;
Manufactured housingi
Used lumber and material yard.
(Ord. 68-128 §5-228.3, 1968).

18.28.050 Prohibited uses.

A. The residential uses existing as of May 4, 1968, may continue as residential uses but may not be expanded into more intensified residential uses.

B. Uses expressly prohibited in the M-1 district include:

New residential uses;
Automobile wrecking or burning, rag or scrap iron storage or bailing; Asphalt and asphaltic concrete mixing or batching plants; Chemical plants (heavy);
Garbage, offal, dead animal or refuse incineration, reduction or dumping; Inorganic fertilizers and the compounding of dried inorganic material; Metals extraction and smelting plant;
Organic fertilizer manufacture;
Tanning, curing or storing of raw hides or skins;
Serum, toxin and virus manufacturing laboratory;
Created: 2022-08-25 12:02:30 [EST]
(Supp. No. 17)

Sugar or starch manufacturing plant;
Wool pulling or scouring plant.

C. Adult uses shall not be permitted in the M-1 district. (Ord. 85-19 58, 1985; Ord. 68-128 §5-228.4, 1968).

18.28.060 Property development standards.

The property development standards codified in Sections 18.28.070 through 18.28.190 shall apply in the M-1 district.
(Ord. 68-128 §5-228.5(part), 1968).

18.28.070 Lot area.

There are no lot area requirements in the M-1 district. (Ord. 68-128 §5-228.5(A), 1968).

18.28.080 Lot dimensions.

The minimum width shall be seventy-five feet and the minimum depth shall be one hundred twenty feet. (Ord. 68-128 §5-228.5(B), 1968).

18.28.090 Population density.

There are no population density requirements in the M-1 district. (Ord. 68-128 §5-228.5(C), 1968).

18.28.100 Building height.

No structure or building shall have a height greater than seventy-five feet. (Ord. 68-128 §5-228.5(D), 1968).

18.28.110 Setback and yard requirements.

A. Front. None, except if the boundary between the M-1 district and a residential district is developed on a street or highway the front yard or side yard setback shall be fifteen feet. This yard shall not be used for B. Side. None, except when the side lot line of an M-1 district adjoins any residential district there shall be a side yard of fifteen feet. Side yard may be used for parking and storage. Storage shall not be stored higher than six feet.

C. Corner Lot. When the rear lot line of a corner lot in an M-1 district adjoins any residential district there shall be a side yard abutting the street not less than ten feet in width.

Created: 2022-08-25 12:02:30 [EST]
(Supp. No. 17)

D. Reversed Corner Lots. When the rear lot line of a reversed corner lot in an M-1 district adjoins any residential district, there shall be a side yard abutting the street fifteen feet in width. This yard shall not be used for parking or loading.

E. Rear. None, except if the boundary between the M-1 district and a residential district is developed on a street or highway the rear yard setback shall be fifteen feet. The yard shall not be used for parking or loading. When the rear lot line in an M-1 district adjoins any residential district there shall be a rear yard of fifteen feet. The yard may be used for parking and material storage. (Ord. 68-128 §5-228.5(E), 1968).

18.28.120 Space between buildings.

There are no requirements in the M-1 district.
(Ord. 68-128 §5-228.5(F), 1968).

18.28.130 Lot coverage.

There are no lot coverage requirements in the M-1 district. (Ord. 68-128 §5-228.5(G), 1968).

18.28.140 Fences, hedges and walls-Corner cut-off areas.

A. A lot that is bounded by an M-1 and residential district shall have a six-foot high masonry wall erected along the property line of the M-1 lot.

B. The wall height of the interior lot line between the M-1 and residential district shall be reduced to three feet within the front yard setback area.

C.

Corner Cut-off Areas. There shall be a corner cut-off area at all intersecting streets or highways. The cut-off area shall be visually nonobstructive. The area shall be measured horizontally thirty feet from the corner of the lot, in each direction.
(Ord. 68-128 §5-228.5(H), 1968).

18.28.150 Off-street parking.

There shall be one off-street parking space for each two permanent employees, one parking space for each truck operated by the concern and one parking space for each salesperson permanently employed. Such spaces shall be located within three hundred feet of the property served. The general conditions Section 18.32.140 shall apply.
(Ord. 68-128 §5-228.5(I), 1968).

18.28.160 Access.

The planning commission shall designate the number and location of the ingress and egress system.

B. There shall be vehicular access from a dedicated and improved street or alley to off-street parking and loading facilities on the property requiring off-street parking and loading. (Supp. No. 17) Created: 2822-08-25 12:02:30 [EST]

(Ord. 68-128 §5-228.5(J), 1968).

18.28.170 Outdoor advertising.

There shall be no advertising structures or signs located within fifty feet of a boundary between an M-1 and a residential district.
(Ord. 68-128 §5-228.5(K), 1968).

18.28.180 Lighting.

No red, green or amber lights or illuminated signs may be placed in such a position that they could reasonably be expected to interfere with or be confused with any official traffic control device or traffic signal or official directional guide sign. Lights used to illuminate signs or advertising structures shall be so installed as to concentrate the illumination on the sign or advertising structure and so as to minimize glare upon a street or adjacent property.
(Ord. 68-128 §5-228.5(L), 1968).

18.28.190 Loading spaces required.

Number of Loading Spaces Gross Floor Area
A Industrial building

1. 3,500 - 40,000 square feet

2. 40,001 - 80,000 square feet

3. 80,001 - 120,000 square feet

4. 120,001 - 160,000 square feet
B. Commercial buildings

1. 3,000 - 15,000 square feet

2. 15,001 - 45,000 square feet

3. 45,001 - 75,000 square feet

4. 75,001 - 105,000 square feet
C. Office buildings

1. 3,500 — 50,000 square feet

2. 50,001 — 100,000 square feet

3. 100,001 — and over square feet
D. The minimum loading space shall be twelve feet in width, forty feet in length and fourteen feet in vertical clearance.

E. An alley or street shall not be used for loading.

Whenever the loading area abuts a street, the front yard required in this M-1 district can be used in calculating the area needed for loading.

Created: 2022-08-25 12:02:30 [EST]
(Supp. No. 17)

G. After May 4, 1968, if a building has existing loading spaces, those loading spaces shall be maintained as long as the building remains. If a new building is erected, the loading space requirements of this title shall apply. (Ord. 68-128 §5-228.5(M), 1968).

18.28.200 Site plan review.

A site plan will be submitted to the city council for its approval before any building is erected or any parking facilities developed on any lot within the M-1 district. The provisions of Chapter 18.40 shall apply. (Ord. 88-08, 1988).

Chapter 18.30 P DISTRICT-OFF-STREET PARKING
Sections:

18.30.010 Intent.

The P off-street parking district is intended to provide for permanent parking when the land is set aside with the consent of the property owner based on a site plan. (Ord. 68-128 §5-229, 1968).

18.30.020 Uses permitted-Generally.

The following uses shall be permitted in the P district, plus such other uses as the commission may deem to be similar and not more obnoxious or detrimental to the public health, safety and welfare. All uses shall be subject to the property development standards in Sections 18.30.070 through 18.30.180.

A. Off-street parking lots;
Buildings incidental to the operation of a parking lot, not to exceed one hundred square feet in area, to be used for purposes of maintaining the lot and to contain no provisions for residential or commercial use;
C. Signs, subject to the provisions of Section 18.30.170. (Ord. 68-128 §5-229.1, 1968).

18.30.030 Uses permitted-Subject to commission review and approval.

Uses permitted in the P district subject to commission review and approval include:

Parking buildings.
(Ord. 68-128 §5-229.2, 1968).

18.30.040 Uses permitted-Subject to conditional use permit.

There are no uses subject to conditional use permit in the P district. (Ord. 68-128 §5-229.3, 1968).

Created: 2022-88-25 12:02:38 [EST]
(Supp. No. 17)

18.30.050 Prohibited uses.

Uses expressly prohibited in the P district include:

Residential or combination of residential and non-residential uses. (Ord. 68-128 §5-229.4, 1968).

18.30.060 Property development standards.

The property development standards codified in Sections 18.30.070 through 18.30.170 shall apply in the P district.
(Ord. 68-128 55-229.5 (part), 1968).

18.30.070 Lot area.

There are no lot area requirements in the P district.
(Ord. 68-128 §5-229.5(A), 1968).

18.30.080 Lot dimensions.

All lots shall have a minimum dimension of forty feet.
(Ord. 68-128 §5-229.5(B), 1968).

18.30.090 Population density.

No residential structures are permitted in the parking district. (Ord. 68-128 §5-229.5(C), 1968).

18.30.100 Building height.

No parking structure shall exceed three stories or forty feet in height. (Ord. 68-128 §5-229.5(D), 1968).

18.30.110 Setback and yard requirements.

A. Front. No setback required.

B. Side and Rear. No parking structure shall be closer than ten feet from any residential district. (Ord. 68-128 §5-229.5(E), 1968).

18.30.120 Space between buildings.

There are no requirements for the P district.

Created: 2022-88-25 12:82:30 [EST]
(Supp. No. 17)

(Ord. 68-128 §5-229.5(F), 1968).

18.30.130 Lot coverage.

There are no lot coverage requirements except yard requirements. (Ord. 68-128 55-229.5(G), 1968).

18.30.140 Fences, hedges and walls.

A solid masonry wall six feet high shall be erected along the property line or district boundary line between P parking district and residential districts.
(Ord. 68-128 §5-229.5(H), 1968).

18.30.150 Off-street parking.

See Section 18.32.140 for off-street parking property development standards. (Ord. 68-128 §5-229.5(I), 1968).

18.30.160 Access.

Access to off-street parking facilities shall be not less than ten feet in width for each direction of traffic. (Ord. 68-128 §5-229.5(J), 1968).

18.30.170 Outdoor advertising.

A. No sign, billboard or advertising structure, other than those referring to sponsorship, availability and charges for parking space, shall be permitted.

B. One sign for each entrance to a parking facility shall be permitted, provided that the sign shall not exceed one square foot of area for each one lineal foot of street frontage upon the subject lot, and further provided that no single sign shall exceed one hundred square feet in area. c. Exit signs, not to exceed six square feet in area, shall be permitted at each exit from the parking lot to any abutting street or alley.
(Ord. 68-128 §5-229.5(K), 1968).

18.30.180 Site plan review.

Before any building or structure or parking lot is erected or established on any lot in this district, a site plan shall have been submitted to and approved by the commission, pursuant to the provision of Chapter 18.40. (Ord. 68-128 §5-229.6, 1968).

Created: 2822-08-25 22:02:38 [EST]
(Supp. No. 17)

Title 18 - ZONING
Chapter 18.32 GENERAL CONDITIONS
Chapter 18.32 GENERAL CONDITIONS
Sections:

18.32.010 Applicability.

The general conditions, where applicable, shall apply in all districts. (Ord. 68-128 55-301, 1968).

18.32.020 Uses permitted-Generally-Exemptions.

The following regulations shall apply to uses permitted in this title:

A. Uses Listed as Permitted.

1. Buildings, structures and land shall be used, designed, erected, structurally altered or enlarged only for the purposes listed as permitted in the district in which such building or land is located, and then only after applying for and securing all permits and licenses required by law and this code.

2. Any use already established within an area when it is first zoned but which is not a permitted use within such district or is a permitted use only with a conditional use permit shall be allowed to continue therein as a nonconforming use subject to all conditions and restrictions relating to nonconforming uses as provided in Chapter 18.44.

B. Uses not Listed as Permitted.

1. It is recognized that, in the development of a comprehensive zoning title:
a. Not all uses of land can be listed, nor can all future uses be anticipated; or b. A "use" may have been omitted from the list of those specified as permissible in each of the various districts herein designated; or
c. Ambiguity may arise concerning the appropriate classification of a particular use within the meaning and intent of this title.

Hence, the phrase, "plus such other uses as the commission may deem to be similar and not more obnoxious or detrimental to the public health, safety and welfare," appears in "uses permitted" in each district.

2. For procedure for uses which are not listed as permitted, the provisions of Chapter 18.34 shall apply.
(Ord. 68-128 §5-302, 1968).

18.32.030 Uses permitted-Subject to commission review and approval.

Certain uses listed in the districts are permitted only when subject to review and approval by the commission. Buildings, structures and land shall be used, designed, erected, structurally altered, or enlarged for the purpose so listed in the district in which such building or land is located only after review and approval by the Parlier, California, Code of Ordinances Created: 2822-08-25 12:02:31 [EST] (Supp. No. 17)

commission as herein provided, and after applying for and securing all necessary permits and licenses. For procedure, the provisions of Chapter 18.36 shall apply. (Ord. 68-128 §5-303, 1968).

18.32.040 Uses permitted-Subject to conditional use permit.

Certain uses listed in the districts are permitted only when subject to conditional use permit. Such uses shall be subject to all applicable property development standards of the district in which they are to be located. Any such use may be subject to the submission of a site plan.

A. Uses listed in the districts as permitted subject to conditional use permit are permitted subject to the procedures of Chapter 18.38.

B. In addition, the following uses may be permitted pursuant to this section in any district except where expressly prohibited, when such uses are recommended by the commission and deemed by the council to be essential and desirable for the public welfare and convenience, and when such uses are in conformity with the general plan and its objective, subject to the procedures of Chapter 18.38:

1. Airport or aircraft landing facilities;

2. Cemeteries;

3. Convents and Rectories, when connected with other religious institutions such as schools or churches;

4. Development of Natural Resources, including borrow pits and quarries, with necessary buildings, apparatus, or appurtenances thereto;

5. Golf courses and driving ranges;

6. Hospitals;

7. Oil wells and appurtenant facilities;

8. Radio or television antennas and transmitters (Commercial);

9. Stadia;

10. Governmental facilities;

11. Public utility and public services and water well structures, uses and buildings, except as otherwise provided in this title;

12. In residential districts, large-scale housing developments on sites not less than five acres in area subject to the population density standards of the district in which such facility is proposed to be located;

13. Rest homes and homes for the aged, subject to the population density standards of the district in which such facility is proposed to be located. For this purpose, the resident family and each four persons residing in such home shall each be counted as one family in determining the required lot area.
(Ord. 68-128 §5-304, 1968).

Created: 2822-08-25 12:02:31 [EST]
(Supp. No. 17)

18.32.050 Prohibited uses.

Specific uses of land, buildings and structures listed as prohibited in each district, are hereby declared to be detrimental to the public health, safety and welfare and are, for said reason, expressly prohibited.

The enumeration of prohibited uses shall not by implication enlarge the scope of permitted uses; they are for purposes of clarity only.
(Ord. 68-128 §5-305, 1968).

18.32.060 Property development standards-Lot area.

A. After May 4, 1968, no building or structure, or enlargement of a building or structure, shall be located on lot unless it conforms to the regulations of the district.

B. After May 4, 1968, each parcel of land containing five acres or less shall be one lot within each zone, the density (number of buildings on each parcel) shall be complied with, and a subdivision tract map or a record of survey map shall be recorded with the county recorder.

C. In compliance with this title, the required open or yard space of an existing building shall not be used or calculated for the area or space of a building to be erected.

D. In compliance with this title, designated parking areas, parking spaces, and loading spaces shall not be reduced in number; but if the spaces are reduced on a parcel, equivalent facilities and spaces will be furnished, at a location designated by the planning commission.

E. After the effective date of any ordinance by which any area is first zoned for any district, no land in such district may be divided, by the recordation of any map or by voluntary sale, contract of sale, or conveyance of any kind which creates a new parcel of land under separate ownership, which consists of less than the minimum lot area required for the district of which such lot is a part. Provided, however, that a tolerance of ten percent shall be allowed as to the requirement when the parcel so created is irregular in shape.

F. Any person participating in such division in violation of this section, whether as seller, grantor, purchaser, or grantee, shall as principal in the transaction be guilty of a misdemeanor. Any deed or conveyance, sale or contract to sell made contrary to the provision of this paragraph is voidable at the sole option of the grantee, buyer or person contracting to purchase, his heirs, personal representative or trustee in solvency or bankruptcy within one year after the date of execution of the deed or of conveyance, sale or contract to sell is binding upon any assignee or transferee of the grantee, buyer or person contracting to purchase other than those above enumerated and upon the grantor, vendor or person contracting to sell or his assignee, heir or divisee.
(Ord. 68-128 §5-306(A), 1968).

18.32.070 Property development standards— Lot dimensions.

As prescribed in each zoning district, every lot shall have a minimum width and depth. Where a lot was recorded under one ownership before May 4, 1968, and the lot is less than the required width and depth, the lot may be used, if all other property development standards are adhered to. (Ord. 68-128 §5-306(B), 1968).

Created: 2822-88-25 12:02:31 [ESTI
(Supp. No. 17)

18.32.080 Property development standards-Population density.

Density regulations of each district shall apply.
(Ord. 68-128 §5-306(C), 1968).

18.32.090 Property development standards-Building height.

All buildings erected, or existing buildings which shall be altered or enlarged, shall comply with the height regulations of the district in which they are located.
(Ord. 68-128 §5-306(D), 1968).

18.32.100 Property development standards-Setback and yard requirements— Unit planned development.

A. Yards.

1. In measuring a front yard or side yard, it shall be the perpendicular distance between the public property line and the face of the building.

2. The yard requirements as set forth in the district shall apply with the addition of the following:
a. Churches, schools and institutions at property boundaries: No building shall be erected or altered, unless such buildings, when fronting on a street, shall have a front yard no less than that set forth in the zone district in which the building is to be erected or altered. Side and rear yards may be used for off-street parking providing a masonry wall is placed on the property line abutting the parking. For required wall height see zone district in which building is located. b. Official plan lines shall be established by the street and highway element of the general plan.

C.

Rear yards for single lots: When single lots are part of an existing partially built-up block, the setbacks for the rear part of a lot may be less than required, provided written consent is given from the abutting property owners, site plan review Chapter 18.40 is adhered to, and the rear yard shall be no less than the side yard requirement of the zone district.

B. Unit Planned Development.

1. In multiple family residential districts, building heights, yards, spaces between buildings, fences, hedges, walls and signs need not meet the specific code requirements, provided the planning commission and the city council make findings that a more functional and desirable use of the property is made by a unit planned development and it will have no adverse effect on abutting property or the permitted use thereof.

In multiple family residential districts, on a parcel in excess of ten acres, a unit planned development nay contain commercial and professional uses as an integrated part of such a residential developmen ut such uses shall be designed for the exclusive service and convenience of the residents within the nit planned development, and provided there shall be no entrance to such commercial an ofessional uses except from the inside of the building in which they are located, and provided the is no advertising material of such uses visible from the outside of such building. (Ord. 68-128 §5-306(E), 1968).

Created: 2022-08-25 12:02:31 [EST]
(Supp. No. 17)

18.32.110 Property development standards-Space between buildings.

See each district for requirements.
(Ord. 68-128 §5-306(F), 1968).

18.32.120 Property development standards-Lot coverage.

See each district for requirements.
(Ord. 68-128 §5-306(G), 1968).

18.32.130 Property development standards-Fences, hedges and walls. security fencing by either local, state or federal law or by safety requirements of the board of education. See each district for requirements. Nothing in this section shall reduce the requirements established for (Ord. 68-128 §5-306(H), 1968).

18.32.140 Property development standards-Off-street parking-Generally.

A. Off-street parking, see each district for specific requirements.

1. Parking shall be provided at the time a new building is erected or an existing building is altered. The parking area size and number of stalls shall be maintained as long as the main building remains.

2. After May 4, 1968, no existing main building will be altered on a lot unless the parking requirements are provided. (See parking requirements for each district).

3. In calculating the area needed for parking, the ingress and egress system shall be part of the total area.

4. All motor vehicles that cannot be moved under their own power, other than in case of emergency, shall be stored in an entirely enclosed space or carport, in any residential district.

5. No house trailer shall be stored or parked in any residential district, except in a rear yard enclosed by a solid wall or fence not less than five nor more than six feet in height, or in an entirely enclosed area.

B. Nonresidential Requirements.

1. Bowling alleys: Provide five parking spaces for each alley.

For places of assembly (theaters, libraries, meeting halls and churches): Within the main meeting hall, one parking space for every forty square feet of floor area or one parking space for five permanent seats, whichever is the greater number of spaces. For meeting areas without the use of buildings, one parking space for every five persons normally attending will be required.

Dance halls: One parking space for every fifty square feet of floor area used for dancing, or one space for every one hundred square feet of gross floor area, whichever provides the greater number of spaces.
(Ord. 68-128 §5-306(I), 1968).
(Supp. No. 17) Created: 2822-88-25 12:02:31 [EST]

18.32.150 Property development standards-Off-street parking-Parks and playgrounds.

There shail be one parking space for every eight thousand square feet of active recreational area. (Ord. 68-128 §5-306(J), 1968).

18.32.160 Property development standards-Off-street parking-Public and private schools.

Schools shall provide spaces as follows:

A. Elementary: One parking space for each employee and faculty member; B. Junior high: One parking space for each employee and faculty member; C. Schools having auditoriums or places of assembly: See places of assembly Section 18.32.140 B 2 above for parking requirements;
D. Parking areas shall be located on school property.
(Ord. 68-128 §5-306(K), 1968).

18.32.161 Property development standards-Off-street parking-Restaurants and bars.

Restaurants and bars shall provide parking spaces as follows:

A. For bars and restaurants having less than one thousand square feet of gross floor area, there shall be one parking space for each two hundred square feet.

B. For bars and restaurants having less than four thousand square feet of gross floor area, there shall be one parking space for each one hundred square feet.

C. For bars and restaurants having four thousand square feet or more of gross floor area, there shall be forty parking spaces plus one for each fifty square feet in excess of four thousand square feet. (Ord. 84-08 52, 1984; Ord. 84-05 §7, 1984).

18.32.170 Property development standards-Off-street parking-Maintenance of areas.

All parking areas shall be graded, surfaced and drained in accordance with city standards, and shall thereafter be maintained in good condition. Access lanes, parking stalls and ingress and egress systems shall be clearly marked, including directional arrows to guide internal movement. Wheel stops shall be provided. Parking stalls shall be so arranged that the backing-out movement shall not be onto major streets and highways, or backing onto any pedestrian access way.
(Ord. 68-128 §5-306(L), 1968).

18.32.180 Property development standards— Access.

See each zone for its requirements.
(Ord. 68-128 §5-306(M), 1968).

Created: 2822-88-25 12:02:31 (EST]
(Supp. No. 17)

18.32.190 Property development standards-Outdoor advertising.

See each zone for requirements.
(Ord. 68-128 §5-306(N), 1968).

18.32.200 Property development standards-Loading spaces.

See each zone for requirements.
(Ord. 68-128 §5-306(0), 1968).

18.32.210 Property development standards—Borrow pit use.

The use of a borrow pit shall be required to refill, replace and reclaim such a pit in a manner satisfactory to the commission.
(Ord. 68-128 §5-306(P), 1968).

18.32.220 Property development standards-Cabanas.

Cabanas shall not be permitted in any district other than the T-P district. (Ord. 68-128 §5-306(Q), 1968).

18.32.230 Property development standards-Dairy drive-ins.

Adequate ingress, egress and waiting areas shall be provided on the subject lot. All activities, other than actual delivery of the merchandise to the consumer, shall be conducted within an entirely enclosed building. (Ord. 68-128 §5-306(R), 1968).

18.32.240 Property development standards— Day nursery schools.

The number of children permitted in a day nursery shall be limited by the regulations for the district in which such nursery is located, but in all cases such number shall be in addition to the children of the resident family. (Ord. 68-128 §5-306(S), 1968).

18.32.250 Property development standards-Drive-in movies and restaurants.

Adequate waiting area, parking, and ingress and egress to such parking, shall be provided on the subject lot. (Ord. 68-128 §5-306(T), 1968).

18.32.260 Property development standards-Driveways.

A driveway shall be paved with asphalt, concrete or other material approved by the commission, having not less than ten feet in width, and not encumbered by any properties to a height under eight feet above the ground.

Created: 2022-08-25 12:02:31 [EST]
(Supp. No. 17)

(Ord. 68-128 §5-306(U), 1968).

18.32.270 Property development standards-Easements.

No building or structure shall be constructed which may be in conflict with an easement. (Ord. 68-128 §5-306(V), 1968).

18.32.280 Property development standards-Fences and plantings.

Fence materials may include wire mesh, steel mesh, chain link, louvered glass, stake and other similar materials. Planting shall be regulated to maintain the required open areas in the fence structure. (Ord. 68-128 §5-306(W), 1968).

18.32.290 Property development standards-Greenhouses.

A greenhouse shall be classified as a building for determining lot coverage. The property development standards of the district shall apply if such structure exceeds the permitted fence height for the district or if such structure exceeds one hundred square feet in area.
(Ord. 68-128 95-306(X), 1968).

18.32.300 Property development standards-Lot lines.

A. Lot line, front:
• 1. On an interior lot, the front lot line is the property line abutting the street.

2. On a corner or reversed corner lot, the front lot line is the shorter property line abutting a street.

On a through lot, or a lot with three or more sides abutting a street, or a corner or reversed corner lot with lot lines of equal length, the commission shall determine which property line or lines shall be the front lot line or lines for purposes of compliance with yard and setback provisions of this code.

Lot line, rear: In the case of an irregular, triangular, or goreshaped lot, the rear lot line shall be a line within the lot, parallel to and at a maximum distance from the front lot line, having a length of not less than ten feet. A lot which is bounded on all sides by streets may have no rear lot lines.

C. Lot line, side: On a lot with three or more sides abutting a street, all lot lines abutting such street or streets, other than the front lot line or lines, may be side lot lines.

D. Lot line, through: For "through lots," the commission shall determine which frontage or frontages shall be considered as the "lot front" or "lot frontages" for purposes of compliance with yard and setback provisions of this title.
(Ord. 68-128 $5-306(Y), 1968).

18.32.310 Property development standards-Automobile parking space.

Where ten or more automobile parking spaces are to be grouped as a common facility, the individual car spaces plus the area necessary for driveways shall total not less than three hundred fifty square feet per car space.

Created: 2022-88-25 12:02:32 [EST]
(Supp. No. 17)

(Ord. 68-128 55-306(Z), 1968).

18.32.320 Property development standards-Rest homes and homes for the aged.

There shall be only incidental convalescent care not involving a physician residing on the premises of any rest home. There shall be no surgery or other similar activities such as are customarily provided in sanatoriums or hospitals.
(Ord. 68-128 §5-306(Z) (part), 1968).

18.32.330 Property development standards-Temporary structures.

A temporary structure shall be subject to all applicable property development standards for the district in which it is located.
(Ord. 68-128 §5-306(Z)(part), 1968).

18.32.340 Property development standards-Wall materials.

Wall materials shall include concrete, concrete block, brick, masonry or any other similar materials that are solids and are so assembled as to form a solid barrier. (Ord. 68-128 §5-306(Z) (part), 1968).

18.32.350 Partially subdivided blocks.

Where forty percent of a block is built up or subdivided, and the block is already subdivided to lot size and area less than required by this title or its zone, the lot area may be reduced by ten percent with the review and approval of a site plan and by the commission.
(Ord. 68-128 §5-309, 1968).

18.32.360 New construction and uses-Certificate and permit required.

It shall be unlawful for any person, firm or corporation to erect, construct, alter, enlarge or use any building, structure, or improvements or use of premises located in any district described in this title contrary to the provisions of this title. A certificate of occupancy and building permit from the city, if required, shall be obtained before said new construction or new uses may proceed.
(Ord. 68-128 §5-310, 1968).

18.32.370 Existing uses— Nonconforming uses and variances.

The buildings and uses of all buildings, improvements and premises existing as of May 4, 1968, and not in conformity with the standards or requirements of the land use district in which they are located under this title and its accompanying maps, and which uses were legal, or uses for which permits, variances, or conditional exceptions were granted under previous zoning ordinances, may continue as nonconforming uses or variances and are subject to the provisions regulating such nonconforming uses or variances and subject to the conditions under (Supp. No. 17) Created: 2022-08-25 12:02:31 [EST]

(Ord. 68-128 §5-311, 1968).

18.32.380 Official plan lines.

When yards are required abutting major and secondary streets and highways and traffic collector streets, the yards shall be measured from the right-of-way line of their general plan width. Where yards are not required, the building shall be located on or to the rear of the street or highway right-of-way line. (Ord. 68-128 §5-312, 1968).

18.32.390 Certificate of occupancy required when-Contents-Record keeping.

The following conditions shall apply to all buildings and uses, with the exceptions as indicated in Sections

18.32.360 and 18.32.370:

A. For Use of Buildings.

1. No building altered, enlarged, moved or changed shall be used or occupied until a certificate of occupancy has been issued by the city. Such certificate shall be applied for where the building permit is requested, but the certificate of occupancy shall not be issued until the building enlargements or alterations have been completed, in conformity with the provisions of the title and with an approved site plan.

2. Any use legally occupying an existing building as of May 4, 1968, may continue, but shall not be changed unless a certificate of occupancy for the new uses shall have been issued by the city after finding that such uses conform to this title.

B. Vacant Land. Before any vacant land is used or the existing use is changed, a certificate of occupancy shall be issued by the city, provided such use is in conformity with the provisions of this title. However, if the land is being used for growing of farm, garden or orchard products, no certificate of occupancy shall be required.

C. Contents of Certificate. The certificate of occupancy shall state that the building or proposed use of a building or land has complied with all laws and codes, including the provisions of this title, and with an approved site plan and any conditions required by the commission or council relative to the proposed building or use.

D. Record. A record of all certificates of occupancy shall be kept on file in the office of the city clerk and copies shall be furnished on request to any person having a proprietary or tenancy interest in the subject building, use or land.
(Ord. 68-128 §5-313, 1968).

18.32.400 Building permit required—Application contents.

Before commencing any work pertaining to the erection, construction, reconstruction, moving, conversion or Ris agent of the wik, and ra unit on eide any perk until ses dr peril stal have over or obtained. Provided, further, that no such building shall be occupied or used unless a certificate of occupancy and a license for such use, where required, is first obtained from the city or person vested with the duty or authority to issue same.

Created: 2022-88-25 12:02:33 [EST]
(Supp. No. 17)

Each application for a building permit shall be made on a printed form to be obtained at the City Hall and shall be accompanied by accurate information and dimensions as to the size and location of the lot, the size and location of the buildings on the lot, the dimensions of all yards and open spaces, and such other information as may be necessary for the enforcement of these regulations. Where complete and accurate information is not readily available from existing records, the city may require the applicant to furnish a survey of the lot prepared by a licensed surveyor. The original of such application shall be kept in the office of the city clerk. (Ord. 68-128 §5-314, 1968).

18.32.410 Compliance required.

All departments, officials or public employees vested with the duty or authority to issue permits, licenses or certificates of occupancy, where required by law, shall conform to the provisions of this title. Any permit, license or certificate, if issued in conflict with the provisions hereof, shall be null and void.

B. Compliance by City. The provisions of the title shall apply to all buildings, improvements, lots and premises owned, leased, operated or controlled by the city or any department thereof, or by any other governmental agency excepting the federal or state governments.
(Ord. 68-128 §5-315, 1968).

18.32.420 Reserved.

Editor's note(s)-Ord. No. 2017-03, § 4, adopted Nov. 15, 2017, repealed § 18.32.420, which pertained to prohibited uses and derived from Ord. No. 2009-05, § 4, 1-6-2010.

18.32.430 Application for reasonable accommodation.

Application for reasonable accommodation:

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

B. Applicability.

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

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

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

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

Created: 2022-08-25 12:02:31 [EST]
(Supp. No. 17)

C. Procedure.

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

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

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

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

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

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

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

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

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

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

F. Appeals.

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

Created: 2022-08-25 12:02:31 [EST]
(Supp. No. 17)

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

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

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

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

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

18.32.440 Application for density bonus.

Application for density bonus.

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

B. General Provisions.

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

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

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

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

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

6. Regulatory Agreement Required. All affordable housing projects shall be subject to the approval of an agreement pursuant to conforming to the provisions of Sections 65864 to 65869 of the Government Code. The terms of the agreement shall be reviewed and revised as appropriate by the city planner and/or City Attorney, who shall formulate a recommendation to the decision-making body for final approval. This agreement shall include, but is not limited to, the following:
a. Number of Units. The total number of units approved for the projects, including the number of affordable housing units.
(Supp. No. 17) Created: 2022-08-25 12:02:31 [EST]

b. Target Units. The location, unit sizes (in square feet) and number of bedrooms of the affordable housing units.
c. Household Income Group. A description of the household income groups to be accommodated by the project and a calculation of the Affordable Sales Price. d. Certification Procedures. The party responsible for certifying sales prices or annual rental rates, and the process that will be used for certification. e. Schedule. A schedule for the completion and occupancy of the affordable housing units. f. Required Term of Affordability. Duration of affordability of the housing units. Provisions shall also cover resale control and deed restrictions on targeted housing units that are binding on property upon sale or transfer.
g. Expiration of Agreement. Provisions covering the expiration of the agreement, including notice prior to conversion to market rate units and right of first refusal option for the city and/or the distribution of accrued equity for for-sale units.
h. Remedies for Breach. A description of the remedies for breach of the Agreement by either party.
i. If applicable, affordable housing impact fees, including inclusionary zoning fees and in-lieu fees, shall not be imposed on a housing development's affordable units. i. Other Provisions. Other provisions to ensure implementation and compliance with this section. k. For Sale Units. In the case of dwelling units available for sale, the Regulatory Agreement shall provide for the following conditions governing the initial resale and use of affordable housing units:

1. Target units shall, upon initial sale, be sold to eligible Very Low, Lower, or Moderate Income Households at an Affordable Sales Price and Housing Cost.

2. Target units shall be initially owner-occupied by eligible Very Low or Lower Income Households.

3. Upon resale, the seller of a target unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The city shall recapture its proportionate share of appreciation, which shall be used to promote home ownership opportunities as provided for in Health and Safety Code Section 33334.2. The city's proportionate share shall be equal to the percentage by which the initial sale price to the targeted household was less than the fair market value of the dwelling unit at the time of initial sale.

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

C. Lower Income Student Housing Standards.

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

Created: 2022-08-25 12:02:31 [EST]
(Supp. No. 17)

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

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

D. Density Bonus.

1. Minimum Density Bonus and Composition of Qualifying Projects. Pursuant to Government Code Section 65915, the city shall grant a density bonus in the amounts in Table 187.3208.440130 over the otherwise allowable maximum residential density permitted by this section and the General Plan, and one (1) or more additional concessions or incentives, consistent with Government Code Section 65915 and this section, if the applicant applies for and proposes to construct any one (1) of the following in the percentages described below in Table 187.3208.440130:
a. Lower Income Units.
b. Very Low Income Units.
c. Senior Citizen Housing Development.
d. Moderate Income Units.
e. Lower Income Student Housing.
f. Foster Youth, Disabled Veterans, or Homeless Units.
g. Land Donation. An applicant shall be eligible for the increased density bonus described in this subdivision if all of the following conditions are met:

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

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

3. The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned with appropriate development standards for development at the density described in paragraph (3) of subdivision (c) of Section 65583.2, and is or will be served by adequate public facilities and infrastructure.

4. The transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, not later than the date of approval of the final subdivision map, parcel map, or residential development application, except that the local government may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Section 65583.2 if the design is not reviewed by the local government before the time of transfer.

5. The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent subdivision (B), which shall be recorded on the property at the time of the transfer.

6. The land is transferred to the city or to a housing developer approved by the local agency. The local agency may require the applicant to identify and transfer the land to the developer.

7. The transferred land shall be within the boundary of the proposed development or, if the city agrees, within one-quarter mile of the boundary of the proposed development.

8. A proposed source of funding for the very low income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application.

Table 187.3208.440130

DENSITY BONUS BY BASE DENSITY AFFORDABLE UNIT PERCENTAGE Created: 2022-08-25 12:02:31 [EST]
(Supp. No. 17)

Affordable Density Bonus
Unit Very Low Low Moderate Land Senior Foster
Percentage Lower
Income Income Income! Donation Citizen Youth, Income
(%) Housing Disabled
Students
Veterans,
Homeless
20 22.5
25 8 27.5
2 10 32.5 20 15
11 35 21.5 16

38.75 23

42.5 24.5

46.25 26

27.5 29

30.5 33. 5
35 38.75

42.5 46.25
35 50
35 30
36 31
37 32
38 35
33 39 34
40 35
41 38.75
42 42.5
43 46.25
44 50
100° 80 80 80
Moderate Income units may be for sale or for rent.

Created: 2022-08-25 12:02:31 [EST]
(Supp. No. 17)

Affordable Density Bonus
Unit Very Low Low Moderate Land Senior Foster
Percentage Lower
Income Income Income Donation Citizen
(%) Youth, Income
Housing Disabled Students
Veterans,
Homeless
2100% affordable projects located within one-half mile of a major transit stop or in a very low vehicle travel area, the city shall not impose any limit on density.

2. Calculation of Density Bonus Units. When calculating the number of permitted density bonus units, all fractional units shall be rounded to the next higher whole number. The applicant who requests a density bonus for me me by rem ded paragraph 1 shall specify whether
the bonus shall be awarded on the basis of Section 187.3208.440130(D), Minimum Density Bonus and Composition of Qualifying Projects. The density bonus shall not be included when determining the number of target units to be provided in a development project.

3. Optional Density Bonus. The city may grant a proportionally lower density bonus and/or provide concessions and/or incentives set forth in Section 187.3208.440130(F), Affordable Housing Concessions and Incentives, if an applicant agrees to construct a development containing less than the percentage of housing for lower or very low income households than provided in Subsection (1) of this section.

E. State Childcare Facility Density Bonus.

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

2. Conditions of Approval. The city shall require, as a condition of approving the housing development that the following occur:
a. Length of Operation. The childcare facility remains in operation for a period of time that is as long as, or longer than the length of time during which the affordable housing units shall remain affordable. b. Attending Children. The percentage of children of very low, low or moderate income households who attend the childcare facility shall be the same or greater than the percentage of dwelling units in the project that are required for households at each income level.

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

F. Affordable Housing Concessions and Incentives.

1. Number of Incentives or Concessions. Pursuant to Government Code Section 65915, an applicant is entitled to receive incentives and/or concessions as follows:
a. One (1) incentive or concession for projects that include at least ten (10) percent of the total units for lower income households, at least five (5) percent for very low income households, or at least ten (10) percent for persons and families of moderate income in a condominium or planned development; or b. One (1) incentive or concession for senior citizen housing developments; or c. One (1) incentive or concession for projects that include at least 20 percent of the total units for lower income students in a student housing development; or (Supp. No. 17) Created: 2022-08-25 12:02:31 [EST]

d. Two (2) incentives or concessions for projects that include at least twenty (20) percent of the total units for lower income households, at least ten (10) percent for very low income households, or at least twenty (20) percent for persons and families of moderate income in a condominium or planned development; or e. Three (3) incentives or concessions for projects that include at least thirty (30) percent of the total units for lower income households, at least fifteen (15) percent for very low income households, or at least thirty (30) percent for persons and families of moderate income in a condominium or planned development; or f. Four (4) incentives or concessions for projects with one-hundred (100) percent of the total units for lower income households, or at least eighty (80) percent lower income and the remaining amount for persons and families of moderate income in a condominium or planned development. If the project is located within one-half mile of a major transit stop or is located in a very low vehicle travel area in a designated county, the applicant shall also receive a height increase of up to three additional stories, or 33 feet. g. The applicant who requests incentives or concessions for a mixed-income project shall specify whether the incentives or concessions shall be awarded on the basis of paragraphs (a) through (f) of this section.

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

3. Types of Affordable Housing Incentives. Affordable housing incentives may consist of any combination of the items listed below:
a. Reduction of Modification of Development Standards. A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that still meet or exceed the minimum building code standards and fire code standards, including, but not limited to:

1. Reduced minimum lot sizes and/or dimensions.

2. Reduced minimum building setbacks and building separation requirements.

3. Reduced minimum outdoor and/or private usable open space requirements.

4. Increased maximum lot coverage.

5. Increased maximum building height.
b. Parking. Upon the applicant's request, the following maximum parking standards, inclusive of handicapped and guest parking, shall apply to the entire project. Further reductions in required parking may be requested as one (1) of the incentives allowed under Subsection (a).

1. One (1) on-site space for studios to one (1) bedroom units;

2. Two (2) on-site spaces for two (2) to three (3) bedroom units; and

3. Two and a half (2.5) on-site spaces for four (4) more bedroom units.

4. For purposes of this section, at the applicant's request, on-site parking may be provided through tandem parking or uncovered parking but not through on-street parking. c. Mixed Use Zoning. Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial or other land uses will reduce the cost of the housing development and such uses are compatible with the housing project and the surrounding area. d. Other Incentives. Other regulatory incentives or concessions proposed by the developer or the city that result in identifiable cost reductions or avoidance, including the waiver or reduction of development (Supp. No. 17) Created: 2022-08-25 12:02:31 [EST]

standards that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted under this subdivision (2).

G. Application Requirements and Review.

1. An application for a density bonus, incentive, concession, waiver, modification, or revised parking standard pursuant to this section shall be submitted in conjunction with the project application and shall be processed concurrently with all other applications required for the project. The application shall be submitted on a form provided by the city or, if the city has not prepared a form, the following information shall be provided:
a. A site plan showing the total number of units, the number and location of the units dedicated pursuant to California Government Code Section 65915(b), and the number and location of the proposed density bonus units;
b. The level of affordability of the dedicated units;
c. A description of any requested incentives, concessions, waivers or modifications of development standards, or modified parking standards and evidence demonstrating that the application of the subject standard or requirement would preclude construction of the project at the densities provided for in California Government Code Section 65915 and that the waiver or modification is necessary to make development of the project financially feasible at the densities provided for in California Government Code Section 65915.

Preparation of an additional report or study not otherwise required by state law shall not be required; d. If a density bonus is requested for a land donation pursuant to California Government Code Section 65915(h), the application shall show the location of the land to be dedicated and provide evidence that the requirements of Section 65915(h) have been met, thus entitling the project to the requested density bonus; and e. If a density bonus is requested for construction of a child care facility pursuant to California Government Code Section 65915(i), the application shall show the location and square footage of the proposed facility and provide evidence that the requirements of Section 65915(i) have been met, thus entitling the project to the requested density bonus.

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

3. If the application has been determined to be incomplete, the city shall provide the applicant with an exhaustive list of items that were not complete. That list shall be limited to those items actually required on the city's submittal requirement checklist. In any subsequent review, the city shall not request the applicant to provide any new information that was not stated in the initial list of items that were not complete. Appeals of this determination can be made in the same manner as appeals to the City Council in Section 18.36.050accordance with the appeals procedure of Section 17.08.050 subsection (H)(4), except that a final written determination shall be made no later than sixty (60) days after receipt of the applicant's written appeal.

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

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

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

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

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

2. The parking ration for which the applicant is eligible, if request;

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

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

18.36.050.

I. Definitions.

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

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

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

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

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

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

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

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

9. Foster Youth, Disabled Veterans, or Homeless Units" means units that are affordable for transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).

18.32.450 Application for streamlined ministerial multifamily approval.

Application for streamlined ministerial multifamily approval.

A. Applicability.

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

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

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

3. Locational Requirements. A project is eligible if the following criteria are met:

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a. The site is a legal parcel(s).
b. 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses.

Parcels that are only separated by a street or highway shall be considered to be adjoined. c. The project site satisfies any of the following:

1. The site is zoned for residential use or residential mixed-use development.

2. The site has a general plan designation that allows residential use or a mix of residential and nonresidential uses.

3. The site meets the requirements of the Middle Class Housing Act of 2022 (Gov. Code.

Section 65852.24).
d. The project site is not on either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction. e. The project site is not located on wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
f. The project site is not located within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code Section 51178, or within the state responsibility area, as defined in Public Resources Code Section 4102. This subparagraph does not apply to sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development, including, but not limited to, standards established under all of the following or their successor provisions:

1. Public Resources Code Section 4291 or Government Code Section 51182, as applicable.

2. Public Resources Code Section 4290.

3. Chapter 7A of the California Building Code (Title 24 of the California Code of Regulations).
g. The project site is not located on a hazardous waste site that is listed pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Health and Safety Code Section 25356, unless either of the following apply:

1. The site is an underground storage tank site that received a uniform closure letter issued pursuant to Health and Safety Code Section 25296.10 subdivision (g) based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Government Code Section 65962.5.

2. The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to Health and Safety Code Section 25296.10 subdivision (c), has otherwise determined that the site is suitable for residential use or residential mixed uses.
h. The project site is not located within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.
i. The project site is not located within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a city shall not deny the application on the basis that the Created: 2022-08-25 12:02:31 [EST]
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development proponent did not comply with any additional permit requirement, standard, or action adopted by that city that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:

1. The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.

2. The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
j. The project site is not located within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. k. The project site is not located on lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.

I. The project site does not contain habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). m. The project site is not under a conservation easement. n. The project site does not contain a tribal cultural resource that is on a national, state, tribal, or local historic register list.
o. The project site does not have a potential tribal cultural resource that could be affected by the proposed development and the parties to a scoping consultation conducted pursuant to this subdivision do not document an enforceable agreement on methods, measures, and conditions for tribal cultural resource treatment, as described in subclause (6) of clause (b) of subparagraph (2) of paragraph (D). p. The project site is not an existing parcel of land or site that is governed under any of the following:

1. The Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code.

2. The Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code).

3. The Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), or the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).

B. Parking Standards.

1. Parking. A minimum of one parking space per unit shall be provided, except that no parking spaces shall be required if any of the following instances apply:
a. The development is located within one-half mile of public transit. b. The development is located within an architecturally and historically significant historic district.
c. When on-street parking permits are required but not offered to the occupants of the development.
d. When there is a car share vehicle located within one block of the development.

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C. Affordability and Labor Requirements.

1. Affordability Requirements. A minimum percentage of below market rate units shall be mandated as follows.
a. 10 percent Affordability. If the city 1) did not adopt a housing element pursuant to Section 65588 that has been found in substantial compliance with the housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3) by the department, 2) did not submit its latest production report to the department by the time period required by Government Code Section 65400, or 3) that production report submitted to the department reflects that there were fewer units of above moderate-income housing issued building permits than were required for the regional housing needs assessment cycle for that reporting period:

1. Rental units. The project shall dedicate a minimum of ten (10) percent of the total number of units, before calculating any density bonus, to housing affordable to households making at or below 50 percent of the area median income.

2. Owner units. The project shall dedicate a minimum of ten (10) percent of the total number of units, before calculating any density bonus, to housing affordable to households making at or below 80 percent of the area median income.

3. Small project exemption. Projects of 10 units or less shall not be subject to the affordability requirement.
b. 50 percent Affordability. If the city's latest production report reflects that there were fewer units of housing issued building permits affordable to either very low income or low-income households by income category than were required for the regional housing needs assessment cycle for that reporting period, the project shall dedicate fifty (50) percent of the total number of units, before calculating any density bonus, to housing affordable to households making at or below 80 percent of the area median income. c. The development proponent shall commit to record, prior to the issuance of the first building permit, a land use restriction or covenant providing that any lower or moderate income housing units required pursuant to this section shall remain available at affordable housing costs or rent to persons and families of lower or moderate income for no less than the following periods of time:

1. Rental units. Fifty-five (55) years.

2. Owned units. Forty-five (45) years.

2. Labor Requirements.
a. Small Projects. Projects of 10 units or less and are not a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code are exempt from any requirement to pay prevailing wages, use a workforce participating in an apprenticeship, or provide health care expenditures. b. For projects of more than 10 units, the development proponent shall require in contracts with construction contractors, and shall certify to the city, that the following standards specified in this paragraph will be met in project construction, as applicable:

1. Prevailing Wage Requirements. A development that is not in its entirety a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code and approved by the city pursuant to Article 2 (commencing with Section 65912.110) or Article 3 (commencing with Section 65912.120) shall be subject to all of the following:
a. All construction workers employed in the execution of the development shall be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. b. The development proponent shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work for those portions of the development that are not a public work.
c. All contractors and subcontractors for those portions of the development that are not a public work shall comply with both of the following:
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i. Pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.
ii. Maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided in that section. This subclause does not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure.

For purposes of this subclause, "project labor agreement" has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.

2. Enforcement.
a. The obligation of the contractors and subcontractors to pay prevailing wages pursuant to this paragraph may be enforced by any of the following:
i. The Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the development. ii. An underpaid worker through an administrative complaint or civil action.
iii. A joint labor-management committee through a civil action under Section 1771.2 of the Labor Code.
b. If a civil wage and penalty assessment is issued pursuant to this paragraph, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code. c. This paragraph does not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. For purposes of this clause, "project labor agreement" has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.

3. Large Projects. A development of 50 or more housing units approved by the city pursuant to this section shall meet all of the following labor standards:
a. The development proponent shall require in contracts with construction contractors and shall certify to the city that each contractor of any tier who will employ construction craft employees or will let subcontracts for at least 1,000 hours shall satisfy the requirements in subclauses (b) and (c). A construction contractor is deemed in compliance with subclauses (b) and (c) if it is signatory to a valid collective bargaining agreement that requires utilization of registered apprentices and expenditures on health care for employees and dependents.
b. A contractor with construction craft employees shall either participate in an apprenticeship program approved by the California Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code, or request the dispatch of apprentices from a state-approved apprenticeship program under the terms and conditions set forth in Section 1777.5 of the Labor Code. A contractor without construction craft employees shall show a contractual obligation that its subcontractors comply with this clause. c. Each contractor with construction craft employees shall make health care expenditures for each employee in an amount per hour worked on the development equivalent to at least the hourly pro rata cost of a Covered California Platinum level plan for two adults 40 years of age and two dependents O to 14 years of age for the Covered California rating area in which the development is located. A contractor without construction craft employees shall show a contractual obligation that its subcontractors comply with this clause. Qualifying expenditures shall be credited toward compliance with prevailing wage payment requirements set forth in this paragraph.

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d. Reporting.
i. The development proponent shall provide to the city, on a monthly basis while its construction contracts on the development are being performed, a report demonstrating compliance with subclauses (b) and (c). The reports shall be considered public records under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) and shall be open to public inspection. ii. A development proponent that fails to provide the monthly report shall be subject to a civil penalty for each month for which the report has not been provided, in the amount of 10 percent of the dollar value of construction work performed by that contractor on the development in the month in question, up to a maximum of ten thousand dollars ($10,000). Any contractor or subcontractor that fails to comply with subclauses (b) and (c) shall be subject to a civil penalty of two hundred dollars ($200) per day for each worker employed in contravention of clauses (b) and (c).
iii. Penalties may be assessed by the Labor Commissioner within 18 months of completion of the development using the procedures for issuance of civil wage and penalty assessments specified in Section 1741 of the Labor Code, and may be reviewed pursuant to Section 1742 of the Labor Code.

Penalties shall be deposited in the State Public Works Enforcement Fund established pursuant to Section 1771.3 of the Labor Code.
e. Recordkeeping. Each construction contractor shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code. Each construction contractor shall submit payroll records directly to the Labor Commissioner at least monthly in a format prescribed by the Labor Commissioner in accordance with subparagraph (A) of paragraph (3) of subdivision (a) of Section 1771.4 of the Labor Code. The records shall include a statement of fringe benefits. Upon request by a joint labor-management cooperation committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a), the records shall be provided pursuant to subdivision (e) of Section 1776 of the Labor Code. f. All construction contractors shall report any change in apprenticeship program participation or health care expenditures to the city within 10 business days, and shall reflect those changes on the monthly report. The reports shall be considered public records pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) and shall be open to public inspection. g. A joint labor-management cooperation committee established pursuant to the federal Labor Management Cooperation Act of 1978(29 U.S.C. Sec. 175a) shall have standing to sue a construction contractor for failure to make health care expenditures pursuant to subclause (c) in accordance with Section 218.7 or 218.8 of the Labor Code.

4. Tall Projects. For any project over 85 feet in height above grade, the following skilled and trained workforce provisions apply:
a. Except as provided in subclause (b), the developer shall enter into construction contracts with prime contractors only if all of the following are satisfied:
contractor and subcontractors at every tier will use a skilled and trained workforce, as defined in Section 2601 of the Public Contract Code, to perform work on the project that falls within an apprenticeable occupation in the building and construction trades. However, this enforceable commitment requirement shall not apply to any scopes of work where new bids are accepted pursuant to subclause (b). ii. The developer or prime contractor shall establish minimum bidding requirements for subcontractors that are objective to the maximum extent possible. The developer or prime contractor shall not impose any obstacles in the bid process for subcontractors that go beyond what is reasonable and commercially customary. The developer or prime contractor must accept bids submitted by any bidder that meets the minimum criteria set forth in the bid solicitation. iii. The prime contractor has provided an affidavit under penalty of perjury that, in compliance with this subparagraph, it will use a skilled and trained workforce and will obtain from its subcontractors an enforceable commitment to use a skilled and trained workforce for each scope of work in which it receives at least three bids attesting to satisfaction of the skilled and trained workforce requirements.

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iv. When a prime contractor or subcontractor is required to provide an enforceable commitment that a skilled and trained workforce will be used to complete a contract or project, the commitment shall be made in an enforceable agreement with the developer that provides the following:

1. The prime contractor and subcontractors at every tier will comply with this chapter.

2. The prime contractor will provide the developer, on a monthly basis while the project or contract is being performed, a report demonstrating compliance by the prime contractor.

3. The prime contractor shall provide the developer, on a monthly basis while the project or contract is being performed, the monthly reports demonstrating compliance submitted to the prime contractor by the affected subcontractors. b. Insufficient Skilled and Trained Workforce.
i. If a prime contractor fails to receive at least three bids in a scope of construction work from subcontractors that attest to satisfying the skilled and trained workforce requirements as described in this subparagraph, the prime contractor may accept new bids for that scope of work. The prime contractor need not require that a skilled and trained workforce be used by the subcontractors for that scope of work.
ii. The requirements of this subparagraph shall not apply if all contractors, subcontractors, and craft unions performing work on the development are subject to a multicraft project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. The multicraft project labor agreement shall include all construction crafts with applicable coverage determinations for the specified scopes of work on the project pursuant to Section 1773 of the Labor Code and shall be executed by all applicable labor organizations regardless of affiliation. For purposes of this clause, "project labor agreement" means a prehire collective bargaining agreement that establishes terms and conditions of employment for a specific construction project or projects and is an agreement described in Section 158(f) of Title 29 of the United States Code.
iii. Requirements set forth in this subparagraph shall not apply to projects where 100 percent of the units, exclusive of a manager's unit or units, are dedicated to lower income households, as defined by Section 50079.5 of the Health and Safety Code. c. If the skilled and trained workforce requirements of this subparagraph apply, the prime contractor shall require subcontractors to provide, and subcontractors on the project shall provide, the following to the prime contractor:
i. An affidavit signed under penalty of perjury that a skilled and trained workforce shall be employed on the project.
ii. Reports on a monthly basis, while the project or contract is being performed, demonstrating compliance with this chapter.
ili. Upon issuing any invitation or bid solicitation for the project, but no less than seven days before the bid is due, the developer shall send a notice of the invitation or solicitation that describes the project to the following entities within the jurisdiction of the proposed project site:

1. Any bona fide labor organization representing workers in the building and construction trades who may perform work necessary to complete the project and the local building and construction trades council.

2. Any organization representing contractors that may
perform work necessary to complete the project, including any contractors' association or regional builders' exchange.

3. For purposes of establishing the total number of units in a development under this chapter, a development or development project includes both of the following:
a. All projects developed on a site, regardless of when those development occur.

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b. All projects developed on sites adjacent to a site developed pursuant to this chapter if the adjacent site had been subdivided from the site developed pursuant to this chapter.

D. Implementation.

1. Applicability of other regulations. This section shall not affect a development proponent's ability to use any alternative streamlined by right permit processing adopted by the city.

2. Submittal Process.
a. Before submitting an application for a development subject to the streamlined, ministerial approval process, the development proponent shall submit to the city a notice of its intent to submit an application. The notice of intent shall be in the form of a preliminary application that includes all of the information described in Section 187.3208.450150 Preliminary vesting right application for housing development projects.
b. Tribal Scoping Consultation.

1. The city shall engage in a scoping consultation regarding the proposed development with any California Native American tribe that is traditionally and culturally affiliated with the geographic area, as described in Section 21080.3.1 of the Public Resources Code, of the proposed development. In order to expedite compliance with this subdivision, the city shall contact the Native American Heritage Commission for assistance in identifying any California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed development.

2. The timeline for noticing and commencing a scoping consultation in accordance with this subdivision shall be as follows:
a. The city shall provide a formal notice of a development proponent's notice of intent to submit an application described in clause (a) to each California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed development within 30 days of receiving that notice of intent. The formal notice provided pursuant to this subclause shall include all of the following:
i. A description of the proposed development.
ii. The location of the proposed development.
iii. An invitation to engage in a scoping consultation in accordance with this subdivision.
b. Each California Native American tribe that receives a formal notice pursuant to this clause shall have 30 days from the receipt of that notice to accept the invitation to engage in a scoping consultation.
c. The city shall commence the scoping consultation within 30 days of receiving a response accepting an invitation to engage in a scoping consultation pursuant to this subdivision.

3. The scoping consultation shall recognize that California Native American tribes traditionally and culturally affiliated with a geographic area have knowledge and expertise concerning the resources at issue and shall take into account the cultural significance of the resource to the culturally affiliated California Native American tribe.

4. Parties to Scoping Consultation.
a. The parties to a scoping consultation conducted pursuant to this subdivision shall be the city and any California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development. More than one California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development may participate in the scoping consultation.

However, the city, upon the request of any California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development, shall engage in a separate scoping consultation with that California Native American tribe.
b. The development proponent and its consultants may participate in a scoping consultation process conducted pursuant to this subdivision if all of the following conditions are met:
i. The development proponent and its consultants agree to respect the principles set forth in this subdivision.

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ii. The development proponent and its consultants engage in the scoping consultation in good faith.
ili. The California Native American tribe participating in the scoping consultation approves the participation of the development proponent and its consultants. The California Native American tribe may rescind its approval at any time during the scoping consultation, either for the duration of the scoping consultation or with respect to any particular meeting or discussion held as part of the scoping consultation.

5. Confidentiality. The participants to a scoping consultation pursuant to this subdivision shall comply with all of the following confidentiality requirements:
a. Government Code Section 7927.000.
b. Government Code Section 7927.005.
c. Public Resources Code Section 21082.3, subdivision (c). c. California Code of Regulations, Title 14, Secretion 15120, subdivision (d). e. Any additional confidentiality standards adopted by the California Native American tribe participating in the scoping consultation.

6. Conclusion to Scoping Consultation.
a. A scoping consultation shall be deemed to be concluded if either of the following occur:
i. The parties to the scoping consultation document an enforceable agreement concerning methods, measures, and conditions to avoid or address potential impacts to tribal cultural resources that are or may be present.
ii. One or more parties to the scoping consultation, acting in good faith and after reasonable effort, conclude that a mutual agreement on methods, measures, and conditions to avoid or address impacts to tribal cultural resources that are or may be present cannot be reached. b. If the parties find that no potential tribal cultural resource would be affected by the proposed development, the development proponent may submit an application for the proposed development.
c. If the parties find that a potential tribal cultural resource could be affected by the proposed development and an enforceable agreement is documented between the California Native American tribe and the city on methods, measures, and conditions for tribal cultural resource treatment, the development proponent may submit the application for a development subject to the streamlined ministerial approval process.

The city shall ensure that the enforceable agreement is included in the requirements and conditions for the proposed development.
d. If the parties find that a potential tribal cultural resource could be affected by the proposed development and an enforceable agreement is not documented between the California Native American tribe and the city regarding methods, measures, and conditions for tribal cultural resource treatment, the development shall not be eligible for the streamlined, ministerial approval process. The city shall provide written documentation of that fact, and provide the following:
i. An explanation of the reason for which the project is not eligible, to the development proponent and to any California Native American tribe that is a party to that scoping consultation:

1. There is a tribal cultural resource that is on a national, state, tribal, or local historic register list located on the site of the project.

2. The parties to the scoping consultation have not
documented an enforceable agreement on methods, measures, and conditions for tribal cultural resource treatment.

3. The parties to the scoping consultation do not agree as to whether a potential tribal cultural resource will be affected by the proposed development. ii. Information on how the development proponent may seek a conditional use permit or other discretionary approval of the development from the city.

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e. If the development or environmental setting substantially changes after the completion of the scoping consultation, the city shall notify the California Native American tribe of the changes and engage in a subsequent scoping consultation if requested by the California Native American tribe.

7. Application Acceptance. A city may only accept an application for streamlined, ministerial approval pursuant to this section if one of the following applies:
a. A California Native American tribe that received a formal notice of the development proponent's notice of intent to submit an application did not accept the invitation to engage in a scoping consultation.
b. The California Native American tribe accepted an invitation to engage in a scoping consultation but substantially failed to engage in the scoping consultation after repeated documented attempts by the city to engage the California Native American tribe. c. The parties to a scoping consultation pursuant to this subdivision find that no potential tribal cultural resource will be affected by the proposed development. d. A scoping consultation between a California Native American tribe and the city has occurred and resulted in agreement.

3. Objective Planning Standard Review.
a. If the city planner determines that a development submitted is consistent with the objective planning standards, the City shall approve the development. b. Upon a determination that a development submitted pursuant to this section is in conflict with any of the objective planning standards, the city planner shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, as follows:

1. Within 60 days of submittal of the development to the City pursuant to this section if the development contains 150 or fewer housing units.

2. Within 90 days of submittal of the development to the City pursuant to this section if the development contains more than 150 housing units.

3. If the city planner fails to provide the required documentation, the development shall be deemed to satisfy the objective planning standards.
c. A development is consistent with the objective planning standards if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. City shall not determine that a development, including an application for a modification under subparagraph (8) of paragraph (D), is in conflict with the objective planning standards on the basis that application materials are not included, if the application contains substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. d. All City departments that are required to issue an approval of the development prior to the granting of an entitlement shall comply with the requirements of this section within the time periods specified in paragraph (1).
e. The development, excluding any additional density or any other concessions, incentives, or waivers of development standards for which the development is eligible pursuant to the Density Bonus Law in Section 65915, is consistent with objective zoning standards, objective subdivision standards, and objective design review standards in effect at the time that the development is submitted to the City pursuant to this section, or at the time a notice of intent is submitted pursuant to clause (a) of subparagraph (2) of paragraph (D), whichever occurs earlier. For purposes of this paragraph, "objective zoning standards," "objective subdivision standards," and "objective design review standards" mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal. These standards may be embodied in alternative objective land use specifications adopted by a city or county, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances, subject to the following:

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1. A development shall be deemed consistent with the objective zoning standards related to housing density, as applicable, if the density proposed is compliant with the maximum density allowed within that land use designation, notwithstanding any specified maximum unit allocation that may result in fewer units of housing being permitted.

2. In the event that objective zoning, general plan, subdivision, or design review standards are mutually inconsistent, a development shall be deemed consistent with the objective zoning and subdivision standards pursuant to this subdivision if the development is consistent with the standards set forth in the general plan.

3. A project that satisfies the requirements of Government Code Section 65852.24 shall be deemed consistent with objective zoning standards, objective design standards, and objective subdivision standards if the project is consistent with the provisions of subdivision (b) of Government Code Section 65852.24 and if none of the square footage in the project is designated for hotel, motel, bed and breakfast inn, or other transient lodging use, except for a residential hotel.

4. Design Review.
a. Any design review of the development may be conducted by Planning Commission or any equivalent board or commission responsible for design review. Design review shall be objective and be strictly focused on assessing compliance with criteria required for streamlined projects, as well as any reasonable objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submission of a development application, and shall be broadly applicable to development within the jurisdiction.

That design review shall be completed, and if the development is consistent with all objective standards, the City shall approve the development as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable:

1. Within 90 days of submittal of the development to the City pursuant to this section if the development contains 150 or fewer housing units.

2. Within 180 days of submittal of the development to the City pursuant to this section if the development contains more than 150 housing units.
b. If If the development is consistent with the requirements of clause (a) of subparagraph (2) of paragraph (C) and is consistent with all objective subdivision standards in the local subdivision ordinance, an application for a subdivision pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410)) shall be exempt from the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and shall be subject to the public oversight timelines set forth in clause (a).
c. If the City determines that a development submitted pursuant to this section is in conflict with any of the standards imposed, it shall provide the development proponent written documentation of which objective standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that objective standard or standards consistent with the timelines described in clause

5. Expiration of Approvals.
a. Three Years. Unless otherwise applicable under clause (b), approval shall remain valid for three years from the date of the final action establishing that approval, or if litigation is filed challenging that approval, from the date of the final judgment upholding that approval. Approval shall remain valid for a project provided construction activity, including demolition and grading activity, on the development site has begun pursuant to a permit issued by the local jurisdiction and is in progress. For purposes of this subdivision, "in progress" means one of the following:

1. The construction has begun and has not ceased for more than 180 days.

2. If the development requires multiple building permits, an initial phase has been completed, and the project proponent has applied for and is diligently pursuing a building permit for a subsequent phase, provided that once it has been issued, the building permit for the subsequent phase does not lapse.

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b. Maximum One-Year Discretionary Extension. The City may grant a project a one-time, one- year extension if the project proponent can provide documentation that there has been significant progress toward getting the development construction ready, such as filing a building permit application. c. No Expiration. Approval shall not expire if the project satisfies both of the following requirements:

1. The project includes public investment in housing affordability, beyond tax credits.

2. At least 50 percent of the units are affordable to households making at or below 80 percent of the area median income.
d. Project Modifications. If the development proponent requests a modification pursuant to subparagraph (8), then the time during which the approval shall remain valid shall be extended for the number of days between the submittal of a modification request and the date of its final approval, plus an additional 180 days to allow time to obtain a building permit. If litigation is filed relating to the modification request, the time shall be further extended during the pendency of the litigation. The extension required by this paragraph shall only apply to the first request for a modification submitted by the development proponent.

6. Public Meeting for Special Locations. For developments proposed in a census tract that is designated either as a moderate resource area, low resource area, or an area of high segregation and poverty on the most recent "CTCAC/HCD Opportunity Map" published by the California Tax Credit Allocation Committee and the Department of Housing and Community Development, within 45 days after receiving a notice of intent, as described in subparagraph 2) and before the development proponent submits an application for the proposed development that is subject to the streamlined, ministerial approval process, the City shall provide for a public meeting to be held by the City Council to provide an opportunity for the public and the City to comment on the development.
a. The public meeting shall be held at a regular meeting and be subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5). If the City fails to hold the hearing within 45 days after receiving the notice of intent, the development proponent shall hold a public meeting on the proposed development before submitting an application pursuant to this section. b. Comments may be provided by testimony during the meeting or in writing at any time before the meeting concludes.
c. The development proponent shall attest in writing that it attended the meeting described in subclause (a) and reviewed the public testimony and written comments from the meeting in its application for the proposed development that is subject to the streamlined, ministerial approval process described.

7. Environmental Review. The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) does not apply to actions taken by the City or a state agency to:

1. Lease, convey, or encumber land owned by the city; or,

2. Facilitate the lease, convey, or encumber of land owned by the city; or,

3. Any decisions associated with that lease, or to provide financial assistance to a development that receives streamlined approval pursuant to this section that is to be used for housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code.

4. Approve improvements located on land owned by the city that are necessary to implement a development that receives streamlined approval pursuant to this section that is to be used for housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code.

5. An application for a subdivision pursuant to the Subdivision Map Act (Division 2 (commencing with Government Code Section 66410)), if the development is consistent with the requirements of this section and is consistent with all objective subdivision standards in the local subdivision ordinance. _6. Determine whether an application for a development is subject to the streamlined ministerial approval process provided by this section.

7. A scoping consultation conducted pursuant to this section.

8. Permit Modifications. A development proponent may request a modification to a development that has been approved under the streamlined, ministerial approval process if that request is submitted to the City before the issuance of the final building permit required for construction of the development.

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a. Processing Time. Upon receipt of the development proponent's application requesting a modification, the City shall determine if the requested modification is consistent with the objective planning standard and either approve or deny the modification request within 60 days after submission of the modification, or within 90 days if design review is required.
b. Scope of Review.

1. The City shall approve a modification if it determines that the modification is consistent with the objective planning standards that were in effect when the original development application was first submitted.
a. Exception. Objective planning standards adopted after the development application was first submitted to the requested modification may be used when any of the following instances apply:
i. The development is revised such that the total number of residential units or total square footage of construction changes by 15 percent or more. The calculation of the square footage of construction changes shall not include underground space. ii. The development is revised such that the total number of residential units or total square footage of construction changes by 5 percent or more and it is necessary to subject the development to an objective standard beyond those in effect when the development application was submitted in order to mitigate or avoid a specific, adverse impact, as that term is defined in subparagraph (A) of paragraph (1) of subdivision (i) of Government Code Section 65589.5, upon the public health or safety and there is no feasible alternative method to satisfactorily mitigate or avoid the adverse impact. The calculation of the square footage of construction changes shall not include underground space.

2. Objective building standards contained in the California Building Standards Code (Title 24 of the California Code of Regulations), including, but not limited to, building, plumbing, electrical, fire, and grading codes, may be applied to all modification applications that are submitted prior to the first building permit application. Those standards may be applied to modification applications submitted after the first building permit application if agreed to by the development proponent.

3. Review of a modification request shall be strictly limited to determining whether the modification, including any modification to previously approved density bonus concessions or waivers, modify the development's consistency with the objective planning standards and shall not reconsider prior determinations that are not affected by the modification.

E. Definitions. The following definitions shall apply to the interpretation and implementation of Section 187.3208.41540 Application for streamlined ministerial multifamily approval.

1. "Affordable housing cost" has the same meaning as set forth in Section 50052.5 of the Health and Safety Code.

2. "Affordable rent" has the same meaning as set forth in Section 50053 of the Health and Safety Code, unless the following scenarios apply.
a. For a development for which an application pursuant to this section was submitted prior to January 1, 2019, that includes 500 units or more of housing, and that dedicates 50 percent of the total number of units, before calculating any density bonus, to housing affordable to households making at, or below, 80 percent of the area median income, affordable rent for at least 30 percent of these units shall be set at an affordable rent as defined in subparagraph (A) and "affordable rent" for the remainder of these units shall mean a rent that is consistent with the maximum rent levels for a housing development that receives an allocation of state or federal low-income housing tax credits from the California Tax Credit Allocation Committee. b. For a development that dedicates 100 percent of units, exclusive of a manager's unit or units, to lower income households, "affordable rent" shall mean a rent that is consistent with the maximum rent levels stipulated by the public program providing financing for the development.

3. "Completed entitlements" means a housing development that has received all the required land use approvals or entitlements necessary for the issuance of a building permit.

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4. "Consultation" means the meaningful and timely process of seeking, discussing, and considering carefully the views of others, in a manner that is cognizant of all parties' cultural values and, where feasible, seeking agreement. Consultation between the city and Native American tribes shall be conducted in a way that is mutually respectful of each party's sovereignty. Consultation shall also recognize the tribes' potential needs for confidentiality with respect to places that have traditional tribal cultural importance. A lead agency shall consult the tribal consultation best practices described in the "State of California Tribal Consultation Guidelines:

Supplement to the General Plan Guidelines" prepared by the Office of Planning and Research. "Health care expenditures" include contributions under Section 401(a), 501(c), or 501(d) of the Internal Revenue Code and payments toward "medical care," as defined in Section 213(d)(1) of the Internal Revenue Code.

5. "Development proponent" means the developer who submits a housing development project application to a city under the streamlined ministerial review process pursuant to this section.

6. "Moderate-income housing units" means housing units with an affordable housing cost or affordable rent for persons and families of moderate income, as that term is defined in Section 50093 of the Health and Safety Code.

7. "Production report" means the information reported pursuant to subparagraph (H) of paragraph (2) of subdivision (a) of Government Code Section 65400.

8. "Reporting period" means either of the following:
a. The first half of the regional housing needs assessment cycle. b. The last half of the regional housing needs assessment cycle.

9. "Residential hotel" shall have the same meaning as defined in Section 50519 of the Health and Safety Code.

10. "Scoping" means the act of participating in early discussions or investigations between the city and California Native American tribe, and the development proponent if authorized by the California Native American tribe, regarding the potential effects a proposed development could have on a potential tribal cultural resource, as defined in Section 21074 of the Public Resources Code, or California Native American tribe, as defined in Section 21073 of the Public Resources Code.

11. "State agency" includes every state office, officer, department, division, bureau, board, and commission, but does not include the California State University or the University of California.

12. "Urban uses" means any current or former residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses.

18.32.460 Preliminary vesting rights application for housing development project.

Preliminary vesting rights application for housing development projects.

A. Applicability. Projects that include any of the following are eligible to submit a preliminary application:

1. Project with at least two (2) residential units.

2. Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use.

3. Transitional housing or supportive housing.

B. Application. A preliminary application shall include the following items, in addition to the processing fees applicable to the project:

1. The specific location, including parcel numbers, a legal description, and site address, if applicable;

2. The existing uses on the project site and identification of major physical alterations to the property on which the project is to be located;

3. A site plan showing the location on the property, elevations showing design, color, and material, and the massing, height, and approximate square footage, of each building that is to be occupied; Created: 2022-08-25 12:02:31 [EST]
(Supp. No. 17)

4. The proposed land uses by number of units and square feet of residential and nonresidential development using the categories in the applicable zoning ordinance;

5. The proposed number of parking spaces;

6. Any proposed point sources of air or water pollutants;

7. Any species of special concern known to occur on the property;

8. Whether a portion of the property is located within any of the following:
a. A very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code Section 51178;
b. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993);
c. A hazardous waste site that is listed pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Article 5 (commencing with Section 78760) of Chapter 4 of Part 2 of Division 45 of the Health and Safety Code; d. A special flood hazard area subject to inundation by the 1 percent annual chance flood (100- year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency;
e. A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2; f. A stream or other resource that may be subject to a streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code;

9. Any historic or cultural resources known to exist on the property;

10. The number of proposed below market rate units and their affordability levels;

11. The number of bonus units and any incentives, concessions, waivers, or parking reductions requested pursuant to Section 17.08.130;

12. Whether any approvals under Title 16, Subdivisions, including, but not limited to, a parcel map, a tentative map, or a condominium map, are being requested;

13. The applicant's contact information and, if the applicant does not own the property, consent from the property owner to submit the application;

14. The number of existing residential units on the project site that will be demolished and whether each existing unit is occupied or unoccupied;

15. A site map showing a stream or other resource that may be subject to a streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code and an aerial site photograph showing existing site conditions of environmental site features that would be subject to regulations by a public agency, including creeks and wetlands;

16. The location of any recorded public easement, such as easements for storm drains, water lines, and other public rights of way.

C. Application Review. Preliminary applications are not subject to the Permit Streamlining Act (Government Code Section 65943) and shall not require an affirmative determination by the City.

D. Post-submittal Revisions. After submittal of a preliminary application, should the applicant revise the project such that the number of residential units or square footage of construction changes by 20 percent or more, exclusive of any increase resulting from the receipt of a density bonus, incentive, concession, waiver, or similar Created: 2022-08-25 12:02:31 [EST]
(Supp. No. 17)

provision, the housing development project shall not be deemed to have submitted a preliminary application that satisfies this section until the development proponent resubmits the information required by subdivision (B) so that it reflects the revisions.

E. Expiration of Preliminary Application.

1. A preliminary application shall expire if the applicant does not submit an application for the development project that includes all of the information required to process the development application consistent with Government Code Sections 65940, 65941, and 65941.5 within 180 calendar days of submittal of the preliminary application.

2. If the city planner determines that the application for the development project is not complete pursuant to Government Code Section 65943, the applicant shall submit the specific information needed to complete the application within 90 days of receiving the city planner's written identification of the necessary information. If the applicant does not submit this information within the 90-day period, the preliminary application shall expire and have no further force or effect.

18.32.470 Emergency shelters.

In addition to the development standards of the underlying zone district, emergency shelters shall be subject to the standards set forth in this section. In the event of conflict between this section and the underlying zone district standards, the provisions of this section shall apply. Nothing in this section modifies the requirements for approval of or the development standards applicable to a religious facility as otherwise provided in this code.

A. Licensing Compliance. An emergency shelter shall comply at all times with any and all local, state, and federal licensing as required for any program incidental to the shelter.

B. Physical Characteristics. Emergency shelters shall:

1. Comply with applicable housing and building code requirements.

2. Have onsite security during all hours when the facility is open at a minimum ratio of one licensed security guard per twenty (20) persons, or portion thereof, utilizing the facility.

3. Provide exterior lighting on pedestrian pathways and parking lot areas on the property. Lighting shall be deflected away from nearby or abutting residential uses and public rights-of-way.

4. Provide secure areas for personal property.

C. Number of Beds. The number of beds provided at an emergency shelter, and the corresponding number of persons served simultaneously, shall not exceed forty (40).

D. Term of Stay. The maximum term that a particular person may stay at an emergency shelter shall not exceed an aggregate of six months within any consecutive twelve (12) month period.

E. Parking. Emergency shelters shall provide onsite parking at rate of two spaces per facility for staff plus one space per six beds or portion thereof.

F. Management Plan. A management plan is required as part of the application for an emergency shelter.

The plan shall address management experience, good neighbor issues, transportation, client supervision, client services, and food services, and shall include a floor plan and site plan to demonstrate compliance with the physical requirements of this section. In the event that any changes to the operation or the physical facility are proposed, the operator shall submit a revised management plan to the city planner for review and consideration. The city council may establish a fee by resolution to cover the administrative review costs associated with review of the management plan.

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18.32.480 Single room occupancy units.

Purpose. It is the purpose and intent of this chapter to regulate the development and operation of single room occupancy land uses. Single room occupancy (SRO) units provide housing opportunities for lower-income individuals, persons with disabilities, seniors, and formerly homeless individuals.

B. Single Room Occupancy Unit Standards. The following standards apply to single room occupancy units.

In the event of conflict between these standards and the underlying zoning district regulations, the provisions of this section shall apply.

1. Unit Size. The minimum size of a unit shall be one hundred fifty 150) square feet and the maximum size shall be four hundred (400) square feet.

2. Bathroom Facilities. An SRO unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full facility shall have a toilet, sink, and bathtub, shower, or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities shall be provided in accordance with California Building Code for congregate residences with at least one full bathroom per every three units on a floor.

Kitchen. An SRO unit is not required to but may contain partial or full kitchen facilities. A full kitchen includes a sink, a refrigerator, and a stove, range top, or oven. A partial kitchen is missing at least one of these appliances. If a full kitchen is not provided, common kitchen facilities shall be provided with at least one full kitchen per floor.

4. Closet. Each SRO shall have a separate closet.

5. Code Compliance. All SRO units shall comply with all requirements of the California Building Code.

Single Room Occupancy Facilities Standards. In addition to the development standards in the underlying zoning district, the following standards apply to single room occupancy facilities. In the event of conflict between these standards and the underlying zoning district regulations, the provisions of this section shall apply.

1. Density. A single room occupancy facility is not required to meet density standards of the general plan.

2. Common Area. Four (4) square feet of interior common space per unit shall be provided, with at least two hundred (200) square feet in area of interior common space, excluding janitorial storage, laundry facilities, and common hallways. All common areas shall comply with all applicable ADA accessibility and adaptability requirements.

3. Bathroom Facilities. If private bathing facilities are not provided for each unit, shared shower or bathtub facilities shall be provided in accordance with the most recent edition of the California Building Code for congregate residences with at least one full bathroom (including toilets, sinks, and bathing facilities) per every three units on a floor. The shared shower or bathtub facility shall be accessible from a common area or hallway. Each shared shower or bathtub facility shall be provided with an interior lockable door.

4. Laundry Facilities. Laundry facilities shall be provided in a separate room at the ratio of one washer and dryer for every ten (10) units, with at least one (1) washer and dryer per floor.

5. Cleaning Supply Room. A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the SRO facility.

Created: 2022-08-25 12:02:31 [EST]
(Supp. No. 17)

6. Management Plan. A management plan shall be submitted with the development application for an SRO facility and shall be approved by the community development director. The management plan must address management and operation of the facility, rental procedures, safety and security of the residents and building maintenance.

7. Facility Management. An SRO facility with ten (10) or more units shall have an on-site manager.

An SRO facility with less than ten (10) units shall provide a management office on-site.

8. Parking. Parking shall be provided for an SRO facility at a rate of one parking space per unit plus an additional space for the on-site manager.

9. Accessibility. All SRO facilities shall comply with all applicable ADA accessibility and adaptability requirements.

10. Existing Structures. An existing structure may be converted to an SRO facility, consistent with the provisions of this section.

Chapter 18.33 SMOKE SHOPS AND SMOKING LOUNGES
Sections:

18.33.010 Definitions.

The following words and phrases, wherever used in this chapter shall have the meaning defined in this section unless the context clearly requires otherwise:
"Electronic smoking device" means an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately. "Electronic smoking device" includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or description.
"Electronic smoking device paraphernalia" means cartridges, cartomizers, e-liquid, smoke juice, tips, atomizers, electronic smoking device batteries, electronic smoking device chargers, and any other item specifically designed for the preparation, charging, or use of electronic smoking devices. "Hookah" means glass or metal water pipe usually decorated and shaped somehow like a bottle or small tank with a long flexible core pipe also known as a sisha, nargile, hubble, bubble, nag, or Turkish water pipe. "Hookah lounge" means an area of a commercial establishment, whether enclosed, indoor or outdoor, designated specifically for the use hookahs, but does not include private use of hookahs in any personal residence, if otherwise in compliance with applicable law.
"Tobacco paraphernalia" means any device, product, equipment or material of any kind that intended or designed for use for smoking, inhaling or ingesting tobacco, notwithstanding that the device, product, equipment or material may also be used for smoking, inhaling or ingesting any controlled substances. Tobacco paraphernalia includes but is not limited to metal, ivory, wooden, or acrylic, glass, stone, plastic or ceramic pipes; water pipes, bongs, cigarette papers or wrappers, cigarette rolling machines, blunt wraps as defined in Section 308 of the Penal Code, hookahs or similar devices constructed with a receptacle or container in which water or some other liquid may be placed into which smoke passes and is cooled in the process of being inhaled or ingested. "Tobacco product" means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, or any other preparation of tobacco; and any product or formulation of matter containing biologically detectable amounts of nicotine that is manufactured, sold, offered for sale or otherwise distributed with the expectation that the product or matter will be introduced Created: 2022-08-25 12:02:31 [EST]
(Supp. No. 17)

into the human body, but does not include any product specifically approved by the Federal Food and Drug Administration for use in treating nicotine or tobacco product dependence. "Smoke shop" means a retail or wholesale business or any person that sells, offers for sale or offers to exchange for any form of consideration, tobacco, tobacco products, electronic smoking devices or electronic smoking device paraphernalia or tobacco paraphernalia and has fifteen percent or more of its square feet in the establishment used for the sale or display of tobacco, tobacco products or tobacco paraphernalia, electronic smoking devices or electronic smoking paraphernalia or advertising. "Smoking lounge" means a commercial establishment or portion thereof where electronic smoking devices, tobacco products, tobacco paraphernalia, hookah pipes or any of these are used by persons on the premises, but does not include any private residence.
(Ord. No. 2019-03, § 1, 3-7-2019)

18.33.020 Conditional use permit required.

A. Conditional Use Permit. Smoke shops and smoking lounges shall only be permitted in the central trading, C-4, general commercial, C-5 or manufacturing (M-1) zones of the city and shall be subject to the issuance, existence and validity of a conditional use permit as provided for in Chapter 18.38 of Title XVIII of this code (commencing with Section 18.38.010) and full compliance with each and every condition thereof. Such conditional use permit shall be issued only if the applicant has submitted a site plan showing the location of the use and the following findings have been made:

That the proposed use is either a smoke shop or smoking lounge as defined in Section 18.33.010 of this chapter;

2. That the establishment of the proposed use is compatible with surrounding uses; mi l That the proposed use does not have a detrimental effect on the public health, safety or general welfare.

B. Locational and Operational Requirements. Smoke shops and smoking Lounges shall comply with the following requirements:

1. The use is being established outside of three hundred feet of a residential zone of the city, or any kindergarten, elementary school, middle school, high school, public library, church or public park or any other smoke shop or smoking lounge;

2. Written approval from the property owner where such use is to be established, authorizing same;

3. ach smoke shop and smoking lounge shall hold a valid California cigarette and tobacco produc romers lie is layed by pu stay bore oratun a tine estacismence with tate law, which sall b

4. ech oake shop and smoking lounge shall have an on site manager who is a minimum of twentyone

5. No person who is younger than the minimum age of twenty-one years shall be permitted to sell, display, market, barter, trade, or exchange any combination of tobacco, tobacco products, tobacco paraphernalia, electronic smoking devices or electronic smoking device paraphernalia. (Ord. No. 2019-03, § 1, 3-7-2019)
Created: 2022-08-25 12:02:31 [EST]
(Supp. No. 17)

-

18.33.030 Drug paraphernalia prohibited.

Except as otherwise authorized by law, no person shall maintain or operate any place of business in which drug paraphernalia is kept, displayed or offered in any manner, sold, furnished or transferred or given away. For the purposes of this section, the word "drug paraphernalia" shall be defined by reference to the California Health and Safety Code § 11014.5, as it now exists or may hereinafter be amended. (Ord. No. 2019-03, § 1, 3-7-2019)
Chapter 18.34 CLASSIFICATION OF UNLISTED USES
Sections:

18.34.010 Applicability.

The procedures codified in this chapter shall apply to all uses not specifically listed in this title as permitted. (Ord. 68-128 §5-401 (part), 1968).

18.34.020 Commission and council—Powers and duties-Action on request for decision.

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

A. The applicant shall file a request with the city clerk for a decision by the commission. The commission and the council also may initiate an application.

B. The commission shall render a decision not less than thirty days after such application is made and shall notify the applicant, the person requesting such notice and the council of such decision.

C. An appeal may be filed by an aggrieved person within ten days after mailing of notice of such decision.

The council shall hear such appeal of a commission decision within forty days after the date of the filing of such appeal.

E. The council shall render a decision within fifteen days after the hearing of such appeal.

F. The applicant shall be notified in writing, at the address shown on the application, of the commission decision and the council decision if such an appeal is made. (Ord. 68-128 §5-401(A), 1968).

18.34.030 Determination of findings.

In classifying an unlisted use, the commission, and the council in case of an appeal, shall first make a finding that all of the following conditions exist:

A. That investigations have disclosed that the subject use and its operation are compatible with the uses permitted in the district wherein it is proposed to be located; and That the subject use is similar to one or more uses permitted in the district within which it is proposed to be located; and
Created: 2022-08-25 12:02:31 [EST]
(Supp. No. 17)

C. That the subject use will not cause substantial injury to the values of property in the neighborhood or district within which it is proposed to be located; and D. That the subject use will be so designed, located and operated that the public health, safety and general welfare will be protected.
(Ord. 68-128 §5-401(B)(1), 1968).

18.34.040 Assignment of classification.

The commission, and the council in case of an appeal, shall classify such use as to:

A. Permitting such use by right;
B. Permitting such use subject to commission review and approval; or C. Permitting such use subject to conditional use permit. (Ord. 68-128 §5-401(B)(2), 1968).

18.34.050 Commission and council-Limitation in classifying power.

In no instance shall the commission, or the council in case of an appeal, determine that a use be permitted in a district when such use is specifically listed as first permissible in less restricted district, e.g., a use listed in the R-2 district shall not be permitted in the R-1 district.
(Ord. 68-128 §5-401(C), 1968).

18.34.060 Listed uses-Record keeping.

Uses classified pursuant to this chapter shall be regarded as listed uses. The city derk shall maintain an up-to- date list of all such classifications which have been made. (Ord. 68-128 §5-401(D), 1968).

Chapter 18.36 COMMISSION REVIEW AND APPROVAL PROCEDURE
Sections:

18.36.010 Applicability.

The procedures codified in this chapter shall apply to all uses permitted subject to review and approval by the commission. If no planning commission has been appointed by the council, then this Chapter 18.36 shall have no application.
(Ord. 88-07 §1, 1988: Ord. 68-128 §5-402(part), 1968).

18.36.020 Commission powers and duties.

It shall be the duty of the commission to review the proposed use to ascertain all facts pertinent to it, and in writing to state approval or disapproval of the proposed use, together with findings and reasons for such decision, within forty days of the filing of such request.

Created: 2822-08-25 12:02:31 [EST]
(Supp. No. 17)

(Ord. 68-128 §5-402(A), 1968).

18.36.030 Determination of findings.

In approving a use, the commission shall first make a finding that all of the following conditions exist:

A. That the site of the proposed use is adequate in size and shape to accommodate the use and all yards, spaces, walls and fences, parking loading, landscaping and other features required by this title to adjust the use with land and uses in the neighborhood;
B. That the site for the 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. Said finding shall be sent to the applicant and kept on file with the city clerk.
(Ord. 68-128 §5-402(B), 1968).

18.36.040 Notices required.

In the event an application is approved by the commission, property owners of properties within a radius of three hundred feet of the exterior boundaries of the property the subject of the application, shall be notified in writing of the decision. Such notices shall be by prepaid mail, and the owner, for the purposes of such notices, shall be deemed to be the person or persons to whom the properties were assessed on the last assessment roll. The address to which such written notice shall be mailed shall be that shown upon such assessment roll. (Ord. 68-128 §5-402(C), 1968).

18.36.050 Appeal procedure.

A. No decision of the commission shall be effective until a period of fifteen days has elapsed following the written notice of its decision.

B. During this period any property owners notified herein, or the applicant, may file an appeal to the city council. This appeal shall be filed in writing and set forth the reason for such appeal.

The city council shall hear such appeal of the commission's decision within forty days after the date of the filing of such appeal.

D. The city council shall render a decision within fifteen days after the hearing of such appeal and the council decision shall be final.

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

F. If an application is disapproved by the commission, or by the council if appealed, a record of such disapproval shall be made and kept on file with the city clerk.
(Ord. 68-128 §5-402(D), 1968).

18.36.060 Reapplication.

No person, including the original applicant, shall reapply for a similar use on the same land, building or structure 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.

Created: 2022-88-25 12:02:32 [EST]
(Supp. No. 17)

(Ord. 68-128 §5-402(E), 1968).

Chapter 18.38 CONDITIONAL USE PERMIT PROCEDURE
Sections:

18.38.010 Applicability.
no planning commission has been appointed by the council, then: the hearing notice described in Section The procedures codified in this chapter shall apply to all uses permitted subject to a conditional use permit. If adopt the resolution and make the findings described in Sections 18.38.060 and 18.38.070; Sections 18.38.080, 18.38.050 shall be for hearing by the city council; the city council and not the commission shall hold the hearing, and not subject to appeal. 18.38.090A and 18.38.090B shall not apply; and, the decision of the city council on the application shall be final (Ord. 88-07 §2, 1988: Ord. 68-128 §5-403(part), 1968).

18.38.020 Application.

A. Filing. Application for a conditional use permit shall be filed by the owner or lessee of the property or by a public utility or other public agency with the power of eminent domain for which the permit is sought, or by the authorized representative of either the owner or lessee.

B.

Form and Contents. Application shall be made to the commission on forms furnished by the city and shall be full and complete, including such data as may be prescribed by the commission to assist in determining the validity of the request.

C. Verification. The city clerk, or a person delegated by him, shall verify the accuracy and completeness of the application. The date of verification shall be noted on the application. Such verification shall be made within ten days of the filling of such application.

D.

Not in Scope. In cases where the city clerk considers the reasons and conditions as set forth in the Whereupon, if the application is filed and the fees are accepted, the application shall be signed by the application not within the scope of the conditional use permit procedure, the applicant shall be so informed. indication of approval. applicant to the effect that he was so informed. Acceptance of an application does not constitute an (Ord. 68-128 §5-403(A), 1968).

18.38.030 Filing fee.
paid, for the purpose of defraying the costs incidental to the proceedings. When the application for a conditional use permit is filed, a fee as provided in Section 18.50.010 shall be (Ord. 68-128 §5-403(B), 1968).

18.38.040 Investigation.
with the intent of this title and the general plan. The city shall investigate the facts bearing on the case to provide information necessary for action consistent (Supp. No. 17) Created: 2822-08-25 12:82:32 [EST]

(Ord. 68-128 §5-403(C), 1968).

18.38.050 Commission-Public hearing-Notice.

A. The hearing date shall be set by the city clerk for not less than ten nor more than forty days after the filing of an application.

B. Notice of all public hearings shall be given and shall contain the name and place of the hearing and other pertinent data presented in the application.

Notices shall be mailed not less than ten days before the date set for the hearing to owners of property within a radius of three hundred feet of the external boundaries of the property described in the application using for this purpose the last known address of such owners as are shown on the latest adopted tax roll of the county.

D. When requested by the commission, notices may be posted not less than ten days before the date set for the hearing in front of the subject property including the placing of notices not more than two hundred feet apart on each side of the street upon which the subject property fronts for a distance of not less than four hundred feet in each direction from subject property.
(Ord. 68-128 §5-403(D), 1968).

18.38.060 Commission-Public hearing-Recommendation by resolution-Notice to applicant.

A. The commission shall, not less than ten days after the legal notice of public hearing on a conditional use permit application, hold the public hearing.

B. The commission shall announce its recommendation or decision by resolution within forty days after the conclusion of the public hearings.

Said resolution shall set forth the findings of the commission and any recommended or required conditions, including time limit, deemed necessary to protect the health, safety and welfare of persons in the neighborhood and in the community as a whole.

C. The resolution, in the case of all conditional use permits except those authorized by Section 18.32.040 B, shall be mailed to the applicant at the address shown in the application. The applicant or any person aggrieved, may appeal any decision of the commission to the council by filing a written notice of appeal with the city clerk within fifteen days after the decision. Such appeal shall set forth the reasons therefor.

D. The resolution, in the case of conditional use permits authorized by Section 18.32.040 B, shall immediately be filed with the council and a copy thereof shall be mailed to the applicant at the address shown in the application.
(Ord. 68-128 95-403(E), 1968).

18.38.070 Commission-Findings and conditions.

A. The commission, in recommending or granting a conditional use permit, shall find as follows:

1. That the site for the proposed use is adequate in size and shape to accommodate the use and all yards, spaces, walls and fences, parking, loading, landscaping and other features required by the title, to adjust the use with land and uses in the neighborhood:

Created: 2022-08-25 12:02:32 [EST]
(Supp. No. 17)

2. 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;

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

4. That the conditions stated in the resolution are deemed necessary to protect the public health, safety and general welfare.

B. Such conditions may include:

1. Special yards, spaces and buffers;

2. Fences and walls;
Surfacing of parking areas subject to specifications;

4. Requiring street dedications and improvements, or bonds, subject to the provisions of site plan review, Chapter 18.40, including service roads or alleys when practical;

5. Regulation of points of vehicular ingress and egress; Regulation of signs;
Requiring maintenance of the grounds;

8. Requiring landscaping and maintenance thereof;

9. Regulation of noise, vibration, odors, etc.;

10. Regulation of time for certain activities;

11. Time period within which the proposed use shall be developed (see Section 18.38.100);

12. A bond for removal of such use within a specified period of time;

13. A request for a site plan for purposes of review, said site plan to be submitted by the applicant; and

14. 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 purposes set forth in this title. (Ord. 68-128 §5-403(F), 1968).

18.38.080 Council-Public hearing-Notice.

The hearing date shall be set by the city clerk for not less than fifteen nor more than forty days after the filing of the commission resolution with the council pursuant to Section 18.38.060 D or the filing of an appeal pursuant to Section 18.38.060 C. Notice shall be given as provided in Section 18.38.050 above. (Ord. 68-128 §5-403(G), 1968).

18.38.090 Council-Public hearing-Decision.

A. The council shall, not less than ten days after the legal notice of a public hearing on a conditional use permit, hold the public hearing.

B. The council may approve, approve with stated conditions, or disapprove the conditional use permit application by resolution. The council may add to or delete any of the conditions recommended or required by the commission. Such decision shall be made within forty days of the hearing.

C. A copy of the council resolutions shall be mailed to the applicant at the address shown on the application.

Created: 2822-98-25 12:82:32 [EST]
(Supp. No. 17)

(Ord. 68-128 §5-403(H), 1968).

18.38.100 Time limit for development.

The council, or the commission in the case of a conditional use permit granted by the commission, may establish a time limit within which the subject property and use or any state or phase thereof shall be commenced and completed. The time limits set by the council or commission shall be reasonable, based on the size and nature of the proposed development. Said time limit may be extended by the council or commission for good cause when the applicant presents proof of an unusual hardship not of his own making. (Ord. 68-128 §5-403(I), 1968).

18.38.110 Judicial review.

The decision of the council shall be final unless review thereof is sought by a court of competent jurisdiction within fifteen days after the council resolution date.
(Ord. 68-128 §5-403(J), 1968).

18.38.120 Revocation.

A.

The council, on its own motion, at a public hearing, with or without a recommendation from the commission, may revoke any conditional use permit granted by it for noncompliance with the conditions set forth in granting the permit.

B.

The commission, on its own motion at a public hearing, with or without a recommendation from the council, may revoke any conditional use permit granted by it for noncompliance with the conditions set forth by the commission in granting the permit.

If an established time limit for development expires and no extension has been granted, the conditional use permit shall be considered void.
(Ord. 68-128 §5-403(K), 1968).

18.38.130 Mapping.

Within ten days after the granting of a conditional use permit, the city clerk shall indicate on the zone map the lot or lots affected by such conditional use permit. Such indication shall show the file number of such permit. (Ord. 68-128 §5-403(L), 1968).

18.38.140 Reapplication.
land, building, or structure within a period of one year from the date of the final decision on such previous No person, including the original applicant, shall reapply for a similar conditional use permit on the same application unless such decision is a denial without prejudice. (Ord. 68-128 §5-403(M), 1968).
(Supp. No. 17) Created: 2822-88-25 12:82:32 (EST]

Title 18 - ZONING
Chapter 18.40 SITE PLAN REVIEW PROCEDURE
Chapter 18.40 SITE PLAN REVIEW PROCEDURE
Sections:

18.40.010 Applicability.

When a site plan review is required by this title, the procedure codified in this chapter shall apply. If no planning commission has been appointed by the city council, then: the findings and decision described in Sections

18.40.020 and 18.40.040 shall be the findings and decision of the city council; Section 18.40.050 shall have no application; and, the decision of the city council shall be final and is not subject to appeal. (Ord. 88-07 53, 1988: Ord. 68-128 95-404(part), 1968).

18.40.020 Purpose.

The purpose of the site plan is to enable the commission to make a finding that the proposed development is in conformity with the intent and provisions of this title and to guide the city department in the issuance of permits.
(Ord. 68-128 §5-404 (A) (part), 1968).

18.40.030 Information to be furnished by applicant.

The applicant shall submit six prints of the site plan to the city clerk. The site plan shall be drawn to scale and shall indicate clearly and with full dimensioning the following information:

A. Lot dimensions;
B. All Buildings and Structures: Location, elevations, size, height, proposed use; C. Yards and space between buildings;
D. Walls and Fences: Location, height and materials;
E. Off-Street Parking: Location, number of spaces and dimensions of parking area, internal circulation pattern;
F. Access: Pedestrian, vehicular, service: Points of ingress and egress, internal circulation, driveways and/or pedestrian walks;
G. Signs: Location, size and height;
H. Loading: Location, dimensions, number of spaces, internal circulation; I. Lighting: Location and general nature, hooding devices; J. Street dedications and improvements, as provided in Sections 18.40.080 through 18.40.110; K. In the C-P, C-4 and C-5 districts, the location of the landscaping shall be shown; L. Fire zone; and
M. Such other data as may be required to permit the commission to make the required findings.

Parlier, California, Code of Ordinances
(Supp. No. 17) Created: 2822-08-25 12:02:32 [EST]

(Ord. 68-128 §5-404 (A) (1), 1968).

18.40.040 Commission action-Findings and decision.

Within forty days after submission of the site plan, the commission shall approve, with conditions deemed necessary to protect the public health, safety and welfare, or disapprove the site plan. In approving the plan, the commission shall find that:

A. All provisions of this title are complied with;
B. The following are so arranged that traffic congestion is avoided and pedestrian and vehicular safety and welfare are protected, and there will be no adverse effect on surrounding property:

1. Facilities and improvements,

2. Vehicular ingress, egress and internal circulation,

3. Setbacks,

4. Height of buildings,

5. Location of service,

6. Walls,

7. Landscaping;
C. Proposed lighting is so arranged as to reflect the light away from adjoining properties; D. Proposed signs will not by size, location, color or lighting interfere with traffic or limit visibility.

The commission's decision shall be final unless appealed to the council. (Ord. 68-128 §5-404 (A) (2), 1968).

18.40.050 Appeal procedure.

The applicant or any aggrieved person may appeal, in writing, setting forth his reason for such appeal to the council. Such appeal shall be filed with the city clerk within fifteen days after the mailing of notice of such decision.

The appeal shall be placed on the agenda of the council's next regular meeting after the commission's decision.

The council shall review the site plan and shall approve, approve with conditions, or disapprove, based on the findings listed in Section 18.40.040 above. The decision of the council shall be final. (Ord. 68-128 §5-404 (A) (3), 1968).

18.40.060 Dating and signing of approved plan.

The approved site plan, with any conditions shown thereon or attached thereto, shall be dated and signed by the city clerk. One copy of the site plan and conditions shall be mailed to the applicant. (Ord. 68-128 §5-404 (A) (4), 1968).

18.40.070 Revisions.

Revisions by the applicant to an approved site plan shall be made pursuant to the procedure set forth in this chapter.

Created: 2822-88-25 12:82:32 [EST]
(Supp. No. 17)

(Ord. 68-128 55-404 (A) (5), 1968).

18.40.080 Street dedications and improvements.

Because of changes that may occur in the local neighborhood due to increases in vehicular traffic generated by facilities requiring a site plan review, and upon the principle that such developments should be required to provide street dedications and improvements as near as practicable in proportion to such increased vehicular traffic, but should not be required to provide such street facilities for nonrelated traffic, the dedications and improvements codified in Sections 18.40.090 through 18.40.110 may be deemed necessary by the commission and may be required by it as a condition to the approval of any site plan. (Ord. 68-128 §5-404(B)(part), 1968).

18.40.090 Existing streets and highways.

When the development borders or is traversed by an existing street A. Minor streets, local streets and cul-de-sacs: Dedicate all necessary right-of-way to widen street to its ultimate width as determined by official city policy; install curbs, gutters, drainage, sidewalks, street trees, street signs, street lights, required utilities, and grade and improve from curb to existing pavement.

Major streets and state highways: Set back all facilities required distances from ultimate property line as shown on any master or official plan of streets and highways; install curbs, gutters, sewers, drainage, sidewalks, street trees, street signs, required utilities, and grade and improve the roadway for a distance to twenty feet (which represents one twelve-foot driving lane and one eight-foot parking lane) from the curb.
(Ord. 68-128 §5-404(B)(1), 1968).

18.40.100 Frontage and other new roads.

All frontage roads or new roads of any class made necessary by the development shall be dedicated and fully graded and improved with curbs, gutters, drainage, sidewalks, street trees, street signs, street lights, required utilities, grading and paving, provided, that where the street involved is indicated as an eventual major street or major thoroughfare upon any general plan, the amount of grading and paving shall not exceed that required for such existing streets under Section 18.40.090 above. Where a frontage road is provided and improved, the improvements in Section 18.40.040 (B) will not be required. (Ord. 68-128 §5-404(B)(2), 1968).

18.40.110 Improvement standards-Agreement or bond.

All improvements shall be to city standards, and where it is impractical to put in any required improvements at the time of the proposed development, an agreement to make such improvements may be accepted in lieu thereof and the money in an amount equal to the estimated cost of the improvement deposited with the city, or a performance bond posted with the city to guarantee the making of such improvement, in which event the actual installation of such improvements by the developer may be delayed until written demand therefor is made by the city or such other public jurisdiction succeeding to its rights. (Ord. 68-128 §5-404(B)(3), 1968).

Created: 2022-08-25 12:02:32 [EST]
(Supp. No. 17)

18.40.120 Building permit-Issuance prerequisites.

Before a building permit shall be issued for any such building or structure, the building inspector or city clerk shall insure that:

A.

The proposed building is in conformity with the site plan and conditions approved by the commission; and
All required improvements have either been installed or cash or bonds have been deposited with the city to cover the costs of said improvements; and
All of the required dedications have been given; and
D. A letter shall be furnished by the applicant from the utility company that all necessary utilities will be installed and that the utillty company will conform to all city ordinances. (Ord. 68-128 §5-404(C), 1968).

Chapter 18.42 PUBLIC UTILITIES AND SERVICES
Sections:

18.42.010 Applicability.

The procedures codified in this chapter shall apply to all public utilities and service installations. (Ord. 68-128 §5-405(part), 1968).

18.42.020 Installations and uses-Utilities commission jurisdiction.

The provisions of this chapter shall not be construed so as to limit or interfere with the construction, which uses are related to the public utility purposes of water and gas pipes, mains and conduits, telegraph and installation, operation and maintenance of any use coming under the jurisdiction of the public utilities commission, telephone lines, pole mounted repeaters, telephone booths (except in R districts), sewers and sewer mains, electric light and power distribution and transmission lines, except as provided in Section 18.42.030. (Ord. 68-128 §5-405(A), 1968).

18.42.030 Installations and uses-Planning commission review and recommendations.

Public utility, electric transmission lines and the routes of proposed electric transmission lines shall be submitted to the planning commission for review and recommendation.

A. Power transmission lines shall be those lines which are intended to transmit electrical energy from:

1. The source of such energy to a receiving substation;

2. A receiving substation to a distribution substation.

B.

Prior to the acquisition of rights-of-way, the following plans and information shall be submitted to the planning commission for review and recommendation:

1. The location of the proposed route;
(Supp. No. 17) Created: 2822-08-25 12:82:32 [EST]

2. Type of transmission line;

3. Approximate height of structures;

4. Width of right-of-way;

5. Other pertinent data.

C. The commission may, when in the public interest, recommend such modifications as it deems necessary to protect the health, safety and welfare of the public.

D. The commission shall complete its review and make its findings within forty days after the filing of said plans and data.
(Ord. 68-128 §5-405(B), 1968).

18.42.040 Appeals.

The recommendations of the commission may be appealed to the council fifteen days after the completion f the review and findings. The council shall review the findings and recommendations of the commission and sha ake its decision within fifteen days of such reviev (Ord. 68-128 §5-405(C), 1968).

Chapter 18.44 NONCONFORMING USES
Sections:

18.44.010 Designated.

Nonconforming buildings and uses shall be those buildings and uses which were lawful when established, but do not conform to subsequently established zoning or zoning regulations. (Ord. 68-128 §5-406 (part), 1968).

18.44.020 Maintenance and repair.

Maintenance and repair may be made to a nonconforming building, but no structural alterations shall be made to a building which is nonconforming as to use regulations, except those required by law. (Ord. 68-128 §5-406(1), 1968).

18.44.030 Additions and enlargements.

Any nonconforming building may be added to or enlarged if the building and its use is made to conform to the regulations of the district.

In commercial and industrial districts, nonconforming uses of buildings are those uses which are not not be detrimental to the public health, safety and general welfare. listed as permitted but which are of the same general type and are determined by the commission t B. Nonconforming buildings are those which do not conform to building heights and yards. Such buildings shall be permitted to continue, provided that any alterations, additions, or enlargements thereto shall (Supp. No. 17) Created: 2022-08-25 12:02:32 [EST]

comply with all property development standards of the district. if any nonconforming building is removed from the land all future buildings erected shall conform to the provisions of this title. (Ord. 68-128 §5-406(2), 1968).

18.44.040 Buildings—Removal-Time limits.

A. The following nonconforming buildings shall be removed or altered or converted to a conforming building or use, when such buildings have reached the age specified in this section:

1. Residential buildings in commercial and industrial districts;

2. Commercial and industrial buildings in residential districts.

B. Time limits shall begin as of May 4, 1968, and are as follows:

1. Type land Il construction,* forty years;

2. Type Ill and IV construction,* thirty years;

3. Type V construction,* twenty years.
(Ord. 68-128 §5-406(3), 1968).
*As defined in the Uniform Building Codes.

18.44.050 Land uses-Removal-Time limits.

Nonconforming uses of the land where no buildings or structures are involved, shall within five years after May 4, 1968, be terminated or so altered that they will be in conformity with the uses permitted in the district. (Ord. 68-128 55-406(4), 1968).

18.44.051 Nonconforming uses of buildings.

A. Nonconforming uses of conforming buildings:

1. The nonconforming use of a conforming building or structure may continue in operation except as provided in subsection (A)(2) of this section.

2. The nonconforming use of a conforming building or structure shall not be expanded or extended into any other portion of such conforming building or structure nor changed except to a conforming use. If such a nonconforming use or portion thereof is discontinued for a period of six months or changed to conforming use, any future use of such building, structure or portion thereof shall be in conformit with the regulations of the district in which the building or structure is located.

B. Nonconforming uses of nonconforming buildings:

A nonconforming use of a nonconforming building or structure may be continued or extended throughout such building; provided that if such nonconforming use is discontinued for a period of six months or changed to a conforming use, any future use of such building or structure shall be in conformity with the use regulations of the district in which the building is located.

A nonconforming use of a nonconforming building may be changed to any use permitted by right in a more restrictive district. The sequence of districts, the first being the most restrictive and the last being the least restrictive, shall be as follows: 0, R-1, R-2, R-3, T-P, C-4, C-5, M-1.

Created: 2022-08-25 12:02:32 [EST]
(Supp. No. 17)

C. Any portion of a nonconforming building or use which is altered or changed to a conforming use shall not thereafter be used for a nonconforming use.
(Ord. 97-3 §1, 1997: Ord. 85-19 §9, 1985: Ord. 85-07 §1, 1985: Ord. 84-05 §8, 1984).

18.44.052 Abatement of nonconforming use.

In addition to all other remedies, a nonconforming use may be ordered to be terminated by order of the council, within a period specified in such order, which period shall be consistent with this chapter, which order shall be issued after a public hearing by the council after fifteen days' notice to such nonconforming user. (Ord. 85-07 §2, 1985).

18.44.060 Signs and advertising structures.

Signs, billboards or commercial advertising structures which do not conform to this title, but which lawfully existed and were maintained as of May 4, 1968 shall, within five years after May 4, 1968, be removed or made to conform. During the interim five-year period, said nonconforming signs, billboards and commercial advertising structures shall be kept in good repair and visual appearance, and no structural alteration shall be made thereto. (Ord. 68-128 §5-406(5), 1968).

18.44.070 Reconstruction restrictions.

The provisions of this title shall not prevent the reconstruction, repair or rebuilding of any nonconforming building damaged by fire, explosion, or act of God or the enemy, subsequent to the effective date of this title, provided that the cost of such reconstruction, repairing or rebuilding shall not exceed fifty percent of the reasonable replacement value of the building immediately prior to the damage, as determined by a qualified appraiser. Such reconstruction, repair or rebuilding, however, shall not be construed as lengthening the amortization period set forth in Section 18.44.040 above, (Ord. 68-128 §5-406(6), 1968).

18.44.080 Effect of variances and special or conditional use permits.

Those nonconforming uses and buildings which are existing or authorized under a variance, special or conditional use permit granted under this title or any previous ordinance, shall be permitted to continue under the conditions and regulations imposed in said permit or variance. (Ord. 68-128 55-406(7), 1968).

Chapter 18.46 VARIANCES
Sections:

18.46.005 Applicability.

The procedures codified in this chapter shall apply to all applications for a variance. If no planning commission has been appointed by the city council, then: all references to and descriptions of the duties of the planning commission in this chapter shall be interpreted as references to the city council; the findings described in Created: 2022-88-25 12:02:32 [EST]
(Supp. No. 17)

Section 18.46.020 and the hearing described in Section 18.46.100 shall be by the city council; Section 18.46.120 shall have no application; and the decision of the council on the application shall be final and not subject to appeal. (Ord. 88-07 84, 1988).

18.46.010 initiation of proceedings.

When practical difficulties, unnecessary hardships, or results inconsistent with the general intent and purpose of this title occur by reason of strict interpretation of any of its provisions, the planning commission, upon its own motion may, or upon a verified application, shall initiate proceedings for consideration of a variance from (Ord. 68-128 $5-407(part), 1968).

18.46.020 Conditions-Required for granting.

The planning commission, before it may grant a variance, shall make a finding that in the evidence presented all four of the following conditions exist in reference to the property being considered:

A. There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property which do not apply generally to other property in the same district;
B.

Such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, which right is possessed by other property owners under like conditions in the same district; C. The granting of a variance will not be materially detrimental to the public welfare or injurious to property and improvement in the district in which the property is located; D. The granting of such a variance will not be contrary to the objectives of the general plan. (Ord. 68-128 §5-407(A), 1968).

18.46.030 Application-Filing.

Application for a variance shall be filed by the owner or lessee of the property for which the variance is sought, or by the authorized representative of either the owner or lessee. (Ord. 68-128 §5-407 (B) (1) (a), 1968).

18.46.040 Application-Form and contents.

Application shall be made to the commission on forms furnished by the city and shall set forth in detail the reasons for the requested variance, shall show how the conditions set forth in Section 18.46.020 are satisfied, and shall provide other information as may be prescribed by the commission to assist in determining the validity of the request.
(Ord. 68-128 §5-407 (B) (1) (b), 1968).
(Supp. No. 17) Created: 2822-88-25 12:62:32 [EST]

18.46.050 Application-Verification.

The city clerk, or a person delegated by him, shall verify the accuracy and completeness of the application.

The date of verification shall be noted on the application. Verification shall be made within fifteen days of the date of the filing of the application.
(Ord. 68-128 §5-407 (B) (1) (c), 1968).

18.46.060 Application-Scope to be designated.

In cases where the manager considers the reasons as set forth in the application not all within the scope of the variance procedure, the applicant shall be so informed, whereupon, if the application is filed and the fees are accepted, the application shall be signed by the applicant to the effect that he was so informed. Acceptance of an application does not constitute an indication of approval. (Ord. 68-128 §5-407 (B) (1) (d), 1968).

18.46.070 Application-Filing fee.

When the application for a variance is filed, a fee as provided in Section 18.50.010 shall be paid, for the purpose of defraying the costs incidental to the proceedings. (Ord. 68-128 55-407 (B) (2), 1968).

18.46.080 Investigation by city.

The city departments concerned shall investigate the facts bearing on each case to provide information necessary for action consistent with the intent and purpose of this title. (Ord. 68-128 §5-407 (B) (3), 1968).

18.46.090 Public hearing-Notice.

A. The hearing date shall be set by the city clerk for not less than fifteen nor more than forty days after the filling of the application.

B. Notice of public hearing shall be given and shall contain the time and place of the hearing and other pertinent data presented in the application.

C. Notices shall be mailed not less than ten days before the date set for the hearing to owners of property within a radius of three hundred feet of the external boundaries of the property described in the application, using for this purpose the last known name and address of such owners as are shown in the latest tax roll of the county.

D. For minor deviations not requiring notice, see Section 18.46.170. (Ord. 68-128 55-407 (B) (4), 1968).

Created: 2022-08-25 12:02:32 [EST]
(Supp. No. 17)

18.46.100 Public hearing-Decision by resolution.

A. The commission shall, not less than ten days after the legal notice of a public hearing on a variance application, hold the public hearing.

B. The commission shall announce its decision by resolution at a regular meeting or scheduled special meeting within forty days after the conclusion of the hearing. The resolution shall approve, approve with stated the conditions listed in Section 18.46.020 shall be found. conditions, or disapprove the application, and shall set forth findings in support of the decision. For approval, C. A copy of the resolution shall be mailed to the applicant at the address shown on the application. (Ord. 68-128 §5-407 (B) (5), 1968).

18.46.110 Additional conditions-Time limit.

The commission, in approving a variance, may set forth in its resolution reasonable conditions which shall assure the intent and purpose of this title.

The time limit of one year for occupancy or construction shall be assumed unless some other period is established.
(Ord. 68-128 §5-407 (B) (6), 1968).

18.46.120 Appeal from decision-Procedure.

A. The decision of the commission shall be final unless an appeal to the council is filed within fifteen days of the owning property within three hundred feet of the external boundaries of the subject property. date of the commission's decision. Such an appeal may be initiated by the applicant or an interested party B. The council, upon receipt of an appeal, if it finds that the facts stated by the applicant in his written notice of appeal do not warrant a further hearing, shall affirm the action of the commission and deny the appeal.

C. The council, upon determining an appeal if for good cause warranted, shall enter such decision upon the minutes and set the matter for a public hearing. Notices shall be given as provided in Section 18.46.090 (B) and (C).

D. Council public hearing and decision.

1. The council shall, not less than ten nor more than forty days after legal notice of a public hearing on a variance application, hold the public hearing.

2. The applicant shall present at the hearing information and data to indicate the manner in which the commission erred in its decision.

3. The council decision shall be final unless appealed to a court of competent jurisdiction within fifteen days.
(Ord. 68-128 §5-407 (C), 1968).

18.46.130 Revocation-Procedure.

The commission may revoke any variance for noncompliance with the conditions set forth in granting said variance after notice and hearing. Upon instruction from the commission, the city clerk shall cause ten days' notice (Supp. No. 17) Created: 2822-88-25 12:02:33 [EST]

of hearing to be given to the holder of the variance which is being considered for revocation. The action of the commission in revoking any variance may be appealed to the council in the same manner as an appeal from a decision of the commission in granting or denying a variance. (Ord. 68-128 §5-407 (D) (1), 1968).

18.46.140 Revocation-Conditions.

Each variance granted under the provisions of this chapter shall become void when:

A. The construction authorized by the variance is not commenced within one year after the granting of the variance or is not pursued diligently to completion; or B. The occupancy or use of the land or buildings authorized by such variance has not taken place within one year after the granting of such variance; or
C. There is a cessation in the occupancy or use of land or buildings authorized by such variance for a period in excess of one year.
(Ord. 68-128 §5-407 (D) (2), 1968).

18.46.150 Extension of time limit.

Where circumstances beyond the control of the applicant cause delays which do not permit compliance with the time limitations established in Section 18.46.140 the commission may grant an extension of time for a period not to exceed an additional one year period. Application for such extension of time must set forth in writing the reasons for the extension and must be filed with the city clerk before the expiration of the variance. (Ord. 68-128 §5-407 (D) (3), 1968).

18.46.160 Applicability to existing variances.

The provisions of Sections 18.46.130 through 18.46.150 shall apply to variances issued prior to May 4, 1968, including variances issued by the board of supervisors or county planning commission, covering territory subsequently annexed to the city, but the one-year period specified in Section 18.46.140 B, shall not commence to run until May 4, 1968 or the date of annexation, whichever occurs later. The provisions of subsection 18.46.150 shall also apply to such variances, provided the commission finds that an extension would not be detrimental or injurious to property in the neighborhood.
(Ord. 68-128 §5-407 (D) (4), 1968).

18.46.170 Minor deviations—Procedure for permitting.

A. When in the public interest, the city manager may consider and render decisions on applications involving minor deviations from the provisions of this title, limited to the following:

1. Area requirements may be reduced by not more than ten percent of that required in the district.

2. Yard requirements may be reduced by not more than ten percent of that required in the district.

3. Maximum building height requirements may be increased by not more than ten percent.

Created: 2822-88-25 12:02:33 (EST]
(Supp. No. 17)

4. The reconstruction or remodeling of nonconforming buildings may be permitted if in the city manager's judgment, it will bring such buildings and subsequent use into greater conformity with the uses permitted in the district.

B. Such decision shall be based on the provisions of Section 18.46.020.

C. The city manager shall make such decisions within fifteen days of the date of the filing of such application. (Ord. 88-05 §4, 1988; Ord. 68-128 §5-407(E), 1968).

18.46.180 Reapplications-Time limit.

No person, including the original applicant, shall reapply for a similar variance on the same land, building or structure 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.
(Ord. 68-128 $5-407 (F), 1968).

Chapter 18.48 AMENDMENTS AND CHANGES
Sections:

18.48.010 Initiation-Procedure.

An amendment to the zoning 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, except that any amendment to this title which does not make such a change or imposition may be initiated and adopted as other ordinances are initiated and adopted. (Ord. 68-128 55-408 (part), 1968).

18.48.020 Initiation -Resolution of intention or petition required.

A. The planning commission may propose an amendment by a resolution of intention.

B. The city council may propose an amendment by a resolution of intention.

A property owner or property owners, 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 that such a petition must be signed by owners of at least sixty percent of the area directly affected (Ord. 68-128 §5-408 (A), 1968).

18.48.030 Petition-Form.

The commission shall prescribe the form in which applications for changes of zones are made. It 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.
(Ord. 68-128 §5-408 (B) (1), 1968).

Created: 2022-68-25 12:02:33 [EST]
(Supp. No. 17)

18.48.040 Petition-Verification.

The city clerk shall verify the accuracy and completeness of the application and the date of verification shall be noted on the application.
(Ord. 68-128 §5-408 (B) (2), 1968).

18.48.050 Petition- Additional information.

In addition, the applicant may provide to the city clerk such data and information as will assist the city clerk to make a recommendation to the commission to justify its recommendations to the council as to location and size of the proposed rezoning. Such data may include:

A. Economic studies and surveys;
B. Traffic studies;
C. Population studies;
D. Any other information deemed pertinent.
(Ord. 68-128 §5-408 (B) (3), 1968).

18.48.060 Fee for filing.

When a petition to change property from one district to another is filed, a fee as provided in Section

18.50.010 shall be paid for the purpose of defraying the costs incidental to the proceedings. (Ord. 68-128 §5-408 (C), 1968).

18.48.070 Investigation by city attorney.

The city attorney shall study the proposed amendment and shall provide information necessary for action consistent with the intent of this title and the general plan. (Ord. 68-128 §5-408 (D), 1968).

18.48.080 Public hearing-Notice.

A. The city attorney shall set all proposals for amendments for public hearing not more than forty days after the verification of the proposal, or after the adoption of a resolution of intention by the council or the commission.

Notice of required public hearings shall contain a description of the property under consideration, nature of the proposed change, the time and place of the hearing and other pertinent data. When the zoning ordinance amendment involves a change in zoning regulation prescribed in the title, notice shall be given by at least one publication in a newspaper of general circulation in the city at least ten days before the hearing. (Ord. 68-128 §5-408 (E), 1968).
(Supp. No. 17) Created: 2022-08-25 12:02:33 [EST]

18.48.090 Public hearing--Reclassification notice-Decision by resolution.

A. The commission shall, not less than ten days after the giving of notice of a public hearing on an amendment, hold said hearing
B. If, for any reason, testimony or any case set for public hearing cannot be completed on the day set for such hearing, the commission presiding at such public hearing may, before the adjournment or recess thereof, publicly announce the time and place to and at which said hearings will be continued and such announcement will serve as sufficient notice of such continuance and without recourse to the form of public notice as provided for in Section 18.48.080.

When the zoning ordinance amendment involves the reclassification of property, notice shall be given by either one, or both, of the following means:

1. Posting public notices of the proposed amendment not less than ten days prior to the date of the hearing. Such notices shall be posted on each street upon which the property proposed to be reclassified abuts. Such posting shall extend along said street or streets a distance of not less than three hundred feet from the exterior boundaries of the property proposed for reclassification.

2. Mailing a notice not less than ten days prior to the date of the hearing to owners of property within a radius of three hundred 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.

D. Upon the completion of a public hearing, the commission shall render its decision on the matter so heard.

Failure to so act within forty days after the completion of a hearing 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 clerk shall immediately deliver to the council all of the records of the matter involved.

E. The recommendation for approval of any amendment shall be by resolution of the commission carried by the affirmative voting members. An affirmative vote of less than a majority of its total voting members shall constitute a disapproval.

F. A disapproval shall be final unless appealed to the council within fifteen days after the commission renders its decision.

G. The commission shall announce and record its action by formal resolution.

H. No later than ten days after final action by the commission on an application, notice of the decision shall be mailed to the applicant at the address shown upon the application. (Ord. 68-128 §5-408 (F), 1968).

18.48.100 Approval or disapproval-Alterations-Notice to applicant.

The council may approve the proposed amendment and enact it into ordinance, or disapprove it. The council shall not alter the proposed amendment without referral back to the commission unless in the case of a zone change, the alteration is more restrictive or reduces the area under consideration. A notice of the decision shall be mailed to the applicant at the address on the application. (Ord. 68-128 §5-408 (G), 1968).

Created: 2822-88-25 12:02:33 [EST]
(Supp. No. 17)

18.48.110 Appeal procedure.

A. The council upon receipt of an appeal, if it finds that the facts stated by the applicant in his written notice of appeal do not warrant a further hearing, shall affirm the action of the commission and deny the appeal.

The council, upon determining that an appeal is for good cause warranted, shall enter such decision upon the minutes and set the matter for a public hearing. Notices shall be given as provided in Section 18.48.080 B. (Ord. 68-128 55-408 (H), 1968).

18.48.120 Reapplications-Time limit.

No person, including the original applicant, shall reapply for a change of zone 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 specifically stated without prejudice.
(Ord. 68-128 55-408 (1), 1968).

18.48.130 Judicial review.

Appeals, if any, to a court of competent jurisdiction shall be made within thirty days after the final decision by the council.
(Ord. 68-128 §5-408 (I), 1968).

Chapter 18.50 FEES AND FORM OF APPLICATIONS
Sections:

18.50.010 Fees.

Fees to be paid to defray the city's costs in providing zoning services shall be set by resolution of the city council.
(Ord. 82-08 51(part), 1982: Ord. 68-128 §5-409(part), 1968).

18.50.020 Forms for applications.

The city administrator shall prescribe the form for all applications provided for in this title. Each application provided for in this title shall be signed by one or more owners or lessees or a bona fide representative of such wners or lessees of the property in respect to which the application is filed. In all cases such applications shall b rovided in the office of the city administrator
(Ord. 82-08 §1(part), 1982: Ord. 68-128 $5-409 (part), 1968).

Chapter 18.52 CONDUCT OF PUBLIC HEARINGS
Sections:

Created: 2022-88-25 12:02:33 (EST]
(Supp. No. 17)

18.52.010 Commission powers and duties.

The commission may establish its own rules for the conduct of public hearing and the member presiding at such hearing shall have power to administer oaths to any person testifying. The commission may for any reason, when it deems such action necessary or desirable, continue any hearing to a certain date, time and place, and public announcement of such date, time and place of hearing to be continued, shall for all purposes be sufficient notice thereof to all persons.
(Ord. 68-128§5-411, 1968).

Chapter 18.54 PROCEDURE, VIOLATION AND PENALTY
Sections:

18.54.010 Violation deemed nuisance-Abatement.

Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this code, and any use of land, buildings or premises established, conducted or operated or maintained contrary to the provisions of this code, shall be and the same is declared to be unlawful and a public nuisance, and the city attorney or city administrator shall commence action or proceedings for the abatement and removal and the enjoining thereof in the manner prescribed by law. The remedies provided herein shall be cumulative.
(Ord. 84-03 §4(part), 1984: Ord. 68-128 §5-412, 1968).

18.54.020 Penalty for violation.

Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this title is guilty of a misdemeanor or infraction and upon conviction thereof is punishable as set forth in Section 1.16.010 of this code. (Ord. 84-03 §4(part), 1984: Ord. 68-128 $5-414, 1968).

Chapter 18.55 CANNABIS CONTROL
Sections:

18.55.010 Findings and purpose.
residents and businesses within the city by regulating the cultivation, processing, extraction, manufacturing, It is the purpose and intent of this chapter to promote the health, safety, morals, and general welfare of the testing, distribution, transportation, sale, and consumption of marijuana, whether for medical purposes or recreational or adult use as currently allowed under state law. (Ord. No. 2017-03, § 5, 11-15-2017)
Created: 2022-08-25 12:02:33 [EST]
(Supp. No. 17)

18.55.020 Definitions.

For purposes of this chapter, these words and phrases shall be defined as follows:
"Act" means the Medicinal and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA"), including implementing regulations, as the Act and implementing regulations may be amended from time to time.

Definitions in this section referencing provisions of the act shall also include amendments to the act. "Applicant" means a person who is required to file an application for a permit under this chapter. "Business owner" means the owner(s) of the cannabis operations. "Owner" means any of the following:

1. A person with an aggregate ownership interest of twenty percent or more in the person applying for a license or a licensee, unless the interest is solely a security, lien, or encumbrance.

The chief executive officer of a nonprofit or other entity.

3. A member of the board of directors of a nonprofit.

4. An individual who will be participating in the direction, control, or management of the entity or person applying for a license.
"Cannabis" or "marijuana" shall have the meaning set forth in California Business and Professions Code Section 26001, subdivision (f). "Cannabis" and "marijuana" may be used interchangeably, but shall have the same meaning.
"Cannabis dispensary" or "dispensary" means any facility or location, whether fixed or mobile, and any building or structure, where cannabis is made available to, distributed by, or distributed to more than two persons for sale or barter.
"Cannabis products" means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients. "City" means the City of Parlier.
"Collective or cooperative cultivation" means an association within California of qualified patients, persons with valid identification cards, and designated primary care givers to cultivate marijuana for medical purposes as may have been allowed under the Compassionate Use Act, the "Medical Marijuana Program Act," or the California "Medical Cannabis Regulation and Safety Act" adopted on October 9, 2015 with legislative bills AB 243, AB 266, and SB 643.
"Commercial cannabis operation" means any commercial cannabis activity, and all facilities and equipment that support that activity, as set forth in California Business and Professions Code Section 26001, subdivision (k and allowed under the act, and as the act and implementing regulations may be amended from time to time "Commercial cannabis regulatory permit" or "regulatory permit" means the permit required under this chapter to operate a commercial cannabis operation.
"Cultivate" or "cultivation" shall have the meaning set forth in California Business and Professions Code Section 26001, subdivision (I) and shall also include the storage of one or more marijuana plants or any part thereof in any location.
"Delivery shall have the meaning set forth in California Business and Professions Code Section 26001, subdivision (p) and shall also include any technological platform that enables persons to arrange or facilitate the transfer of cannabis.
(Supp. No. 17) Created: 2822-08-25 12:02:33 [EST]

"Employee permit" means the permit required under this chapter for every employee or independent commercial cannabis operation, other than solely as a vender or a certificated common carrier. contractor working at a commercial cannabis operation or involved in transportation/delivery related services for a "Medical marijuana" or "medical marijuana use" means the use of cannabis for the purposes set forth in California Health and Safety Code Sections 11362.5 and 11362.7 et seq. "Operator" means the business owner and any other person designated by the business owner as responsible for the day-to-day cannabis operations.
"Ordinance" means the ordinance enacting this chapter, and including the terms of this section, which may be commonly referred to as the city's "cannabis control ordinance." "Police chief" means the Police Chief of the City of Parlier or his or her designee. "Premises" or "site" means the designated structure or structures and land specified in the application that is operation will be or is conducted. the premises shall be a contiguous area and shall only be occupied by one owned, leased, or otherwise held under the control of the applicant or permittee where the commercial cannabis permittee.
"Premises owner"" means the fee owners) of the premises where cannabis operations are occurring. "Primary caregiver" shall have the same definition as set forth in California Health and Safety Code Sections 11362.5 and 11362.7 et seq.
"Property owner" is the title holder of real property within the City of Parlier. "Qualified patient" shall have the same definition as set forth in California Health and Safety Code Sections 11362.5 and 11362.7 et seq.
"Recreational marijuana," "recreational marijuana use," or "adult use marijuana" means all uses of cannabis not included within the definition of medical marijuana use. control over the commercial cannabis operations. "Responsible party" means the business owner, operator, manager(s), and any employee having significant (Ord. No. 2017-03, § 5, 11-15-2017)

18.55.030 Regulations applicable to the cultivation of medical marijuana.

To the extent that the city is required to allow the cultivation of medical marijuana under state law and, except as provided for in this chapter, the rules set forth herein shall apply.

A. Personal-Use Cultivation. An individual qualified patient or person with an identification card shall be allowed to cultivate medical marijuana within his/her private residence, or an attached garage. For owner- occupied residences, cultivation shall be allowed in an accessory building on the same property. A primary caregiver shall only cultivate medical marijuana at the residence of a qualified patient or person with an identification card for whom he/she is the primary caregiver. Medical marijuana cultivation for personal use

1. Area. The medical marijuana cultivation area shall not exceed thirty-two square feet measured by the canopy and not exceed ten feet in height per residence. This limit applies regardless of the number of qualified patients or persons with an identification card residing in the residence. The cultivation are shall be a single, contiguous designated area.

Lighting. Medical marijuana cultivation lighting shall not exceed a total of twelve hundred watts. (Supp. No. 17) Created: 2022-08-25 12:02:33 [EST]

3. Building Code Requirements. Any alterations or additions to the residence, including garages and accessory buildings, shall be subject to applicable building and fire codes, including plumbing and electrical, and all applicable zoning codes, including lot coverage, set back, height requirements, and parking requirements.

4. Gas Products. The use of gas products (carbon dioxide, butane, etc.) for medical marijuana cultivation or processing is prohibited.

5. Evidence of Cultivation. No evidence of medical marijuana cultivation shall be visible from a public right-of-way or from adjacent property.

6. Residence. The qualified patient or person with an identification card shall reside in the residence where the medical marijuana cultivation occurs.

7. Cultivation Elsewhere in City. The qualified patient or person with an identification card shall not participate in marijuana cultivation in any other location within the City of Parlier.

8. Incidental Use. The residence shall maintain kitchen, bathrooms, and at least one bedroom for their intended uses. Such rooms shall not be used primarily for marijuana cultivation.

Ventilation. The medical marijuana cultivation area shall include a ventilation and filtration system designed to ensure that odors from the cultivation are not detectable beyond the residence, or beyond the property line for detached single-family residences, and designed to prevent mold and moisture and otherwise protect the health and safety of persons residing in the residence. This shall include, at a minimum, a system meeting the requirements of the current, adopted edition of the California Building Code Section 1203.4 Natural Ventilation, or Section 402.3 Mechanical Ventilation, or its equivalent(s).

10. Storage of Chemicals. Any chemicals used for medical marijuana cultivation shall be stored outside of the habitable areas of the residence and outside of public view from neighboring properties and public rights-of-way.

11. Nuisance. The medical marijuana cultivation area shall not adversely affect the health or safety of the nearby residents by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, nor shall it be hazardous due to the use or storage of materials, processes, products or wastes, or from other actions related to the cultivation.

12. Property Owner Authorization. For rental properties, the lessee shall obtain written authorization from the property owner or property-management company to cultivate personal-use or medical marijuana.

Such written authorization shall be maintained on the premises at all times and presented at the request of the city.

13. Additional Requirements for Garages and Accessory Buildings. The following additional requirements shall apply for personal-use cultivation that occurs in a garage or accessory building: (a) The garage or accessory building shall be secure, locked, and fully enclosed, with a ceiling, roof or top, and entirely opaque; (b) the garage or building shall include a burglar alarm monitored by an alarm company or private security company; and (c) the garage or building, including all walls, doors, and the roof, shall be constructed with a firewall assembly of green board meeting the minimum building code requirements for residential structures and include material strong enough to prevent entry except hrough an open door

14. Posting of Physician Recommendation or Identification Card; Posting of Owner Permission. A copy of a qualified patient physician recommendation or identification card shall be posted in a conspicuou lace in the cultivation area for each patient residing in the residence who is cultivating medica marijuana. For rental properties, a copy of the owner's written authorization to cultivate medical marijuana shall be posted in the same manner.

Created: 2822-08-25 12:02:33 [EST]
(Supp. No. 17)

B.

Collective or Cooperative Cultivation. The collective or cooperative cultivation of medical marijuana is prohibited in the City of Parlier.
(Ord. No. 2017-03, § 5, 11-15-2017)

18.55.040 Regulations applicable to the cultivation of recreational or adult use marijuana. state law, and except as provided for in Section 18.55.070, the rules set forth herein shall apply. To the extent that the city is required to allow the cultivation of recreational or adult use marijuana under

1. forth in any applicable state law. At the time of adoption of this chapter, applicable state law limits the State Law Limits. The cultivation of recreational or adult use marijuana shall be subject to the limits set cultivation of recreational or adult use marijuana to six plants per residence.

Compliance with Medical Marijuana Personal Use Cultivation Rules. All persons lawfully allowed to cultivate recreational or adult use marijuana under state law shall be subject to the same rules, in Section 18.55.030. requirements, and limitations applicable to the personal use cultivation of medical marijuana set forth (Ord. No. 2017-03, § 5, 11-15-2017)

18.55.050 Regulations applicable to commercial cannabis operations, dispensaries, and deliveries.

A. Commercial Cannabis Operations. Except as provided for in Sections 18.55.060 and 18.55.070, commercial cannabis operations as defined in Section 18.55.020 are prohibited within the City of Parlier.

B. Dispensaries. A single cannabis dispensary as defined in Section 18.55.020 is allowed within the City of Parlier if authorized by regulatory permit and site plan review of the premises where the dispensary will be operated.

C.

Deliveries. The delivery of cannabis as defined in Section 18.55.020, is permitted for commercial cannabis operations, if allowed by the terms of the regulatory permit required by Section 18.55.070. (Ord. No. 2017-03, § 5, 11-15-2017; Ord. No. 2020-05, § 1, 11-19-2020)

18.55.060 Exceptions to dispensary ban for certain healthcare facilities.

The following fallities providing medical marijuana to patients are not subject to the provisions of Section

18.55.050, provided they are in strict compliance with Health and Safety Code sections 11362.5 and 11362.7, et seq., and all other state and local laws pertaining the uses, including zoning, permitting, and licensing requirements:
•
A clinic licensed pursuant to Chapter 1 (commencing with Section 1200) of Division 2 of the Health and Safety Code.
the Health and Safety Code. A healthcare facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of Chapter 3.01 (commencing with Section 1568.01) of Division 2 of the Health and Safety Code. A residential-care facility for persons with chronic life-threatening illnesses licensed pursuant to •
A residential-care facility for the elderly licensed pursuant to Chapter 3.2 (commencing with Section 1569) of Division 2 of the Health and Safety Code. (Supp. No. 17) Created: 2222-88-25 12:02:33 [EST]