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 (a).
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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(Supp. No. 17)
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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(Supp. No. 17)
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 18.32.450 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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(Supp. No. 17)
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.
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 provision, the housing development project shall not be deemed to have submitted a preliminary application that Created: 2022-08-25 12:02:31 [EST]
(Supp. No. 17)
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).
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.
E. 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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(Supp. No. 17)
18.32.480 Single room occupancy units.
A. 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.
3. 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.
C. 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.
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(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.
1. 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.
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 licotine, or other substances, including any component, part, or accessory of such a device, whether or not sol 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:
1. 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;
3. 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. Each smoke shop and smoking lounge shall hold a valid California cigarette and tobacco products retailer's license issued by the state board of equalization, in accordance with state law, which shall be brominently displayed in a publicly visible location at the establishment
4. Each smoke shop and smoking lounge shall have an on-site manager who is a minimum of twenty-one years of age;
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)
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(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.
D. 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 B. That the subject use is similar to one or more uses permitted in the district within which it is proposed to be located; and
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(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. 68-1.28 §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 clerk 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: 2822-88-25 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.
No decision of the commission shall be effective until a period of fifteen days has elapsed following the written notice of its decision.
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.
C. 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 [EST3
(Supp. No. 17)
(Ord. 68-128 §5-402(E), 1968).
Chapter 18.38 CONDITIONAL USE PERMIT PROCEDURE
Sections:
18.38.010 Applicability.
The procedures codified in this chapter shall apply to all uses permitted subject to a conditional use permit. If 10 planning commission has been appointed by the council, then: the hearing notice described in Section
18.38.050 shall be for hearing by the city council; the city council and not the commission shall hold the hearing adopt the resolution and make the findings described in Sections 18.38.060 and 18.38.070; Sections 18.38.080,
18.38.090A and 18.38.090B shall not apply; and, the decision of the city council on the application shall be final and not subject to appeal.
(Ord. 88-07 52, 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 filing of such application.
D. Not in Scope. In cases where the city clerk considers the reasons and conditions as set forth in the application not within the scope of the conditional use permit 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 §5-403(A), 1968).
18.38.030 Filing fee.
When the application for a conditional use permit 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 §5-403(B), 1968).
18.38.040 Investigation.
The city shall investigate the facts bearing on the case to provide information necessary for action consistent with the intent of this title and the general plan.
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(Supp. No. 17)
(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.
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 address of such owners as are shown on the latest adopted tax roll of the county.
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 §5-403(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;
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(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;
3. 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;
6. Regulation of signs;
7. 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.
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(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.
C. 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.
No person, including the original applicant, shall reapply for a similar conditional use permit 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 §5-403(M), 1968).
Created: 2822-08-25 12:02:32 [EST]
(Supp. No. 17)
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 $3, 1988: Ord. 68-128 55-404(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;
Signs: Location, size and height;
H. Loading: Location, dimensions, number of spaces, internal circulation;
1. Lighting: Location and general nature, hooding devices; 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 Created: 2022-3B-25 12:02:32 [EST] (Supp. No. 17)
(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;
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.
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(Supp. No. 17)
(Ord. 68-128 §5-404 (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, stree rees, street signs, street lights, required utilities, and grade and improve from curb to existing pavement.
B. 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).
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(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:
The proposed building is in conformity with the site plan and conditions approved by the commission; and
B. 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
C. 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 utility 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, installation, operation and maintenance of any use coming under the jurisdiction of the public utilities commission, which uses are related to the public utility purposes of water and gas pipes, mains and conduits, telegraph and 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;
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(Supp. No. 17)
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 of the review and findings. The council shall review the findings and recommendations of the commission and shall make its decision within fifteen days of such review.
(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.
A. In commercial and industrial districts, nonconforming uses of buildings are those uses which are not listed as permitted but which are of the same general type and are determined by the commission to not be detrimental to the public health, safety and general welfare.
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 Created: 2622-88-25 12:02:32 [EST]
(Supp. No. 17)
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 55-406(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 l and 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 §5-406(4), 1968).
18.44.051 Nonconforming uses of buildings.
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 a conforming use, any future use of such building, structure or portion thereof shall be in conformity with the regulations of the district in which the building or structure is located.
B. Nonconforming uses of nonconforming buildings:
1. 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.
2. 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.
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(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 92, 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 §4, 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 the provisions of this title.
(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).
Created: 2822-08-25 12:02:32 [EST]
(Supp. No. 17)
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 §5-407 (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 filing 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 §5-407 (B) (4), 1968).
Created: 2022-88-25 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 conditions, or disapprove the application, and shall set forth findings in support of the decision. For approval, the conditions listed in Section 18.46.020 shall be found.
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 date of the commission's decision. Such an appeal may be initiated by the applicant or an interested party owning property within three hundred feet of the external boundaries of the subject property.
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 Created: 2822-88-25 12:82:33 [EST]
(Supp. No. 17)
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: 2022-08-25 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 bulldings 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 54, 1988; Ord. 68-128 55-407(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 §5-408 (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.
C. 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 by such proposed amendments.
(Ord. 68-128 55-408 (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: 2822-88-25 12:82:33 [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;
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 Notice of required public hearings shall contain a description of the property under consideration, nature of (Ord. 68-128 §5-408 (E), 1968).
Created: 2022-08-25 12:02:33 [EST]
(Supp. No. 17)
18.48.090 Public hearing-Reclassification notice-Decision by resolution.
The commission shall, not less than ten days after the giving of notice of a public hearing on an amendment, hold said hearing.
it, tor 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 adjoumment 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.
C. 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.
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.
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.
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 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: 2022-08-25 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 §5-408 (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 55-408 (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 §1(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 owners or lessees of the property in respect to which the application is filed. In all cases such applications shall be (Ord. 82-08 §1(part), 1982: Ord. 68-128 §5-409 (part), 1968).
Chapter 18.52 CONDUCT OF PUBLIC HEARINGS
Sections:
Created: 2822-08-25 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 (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.
It is the purpose and intent of this chapter to promote the health, safety, morals, and general welfare of the residents and businesses within the city by regulating the cultivation, processing, extraction, manufacturing, 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 owners) 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.
2. 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. "Clty" 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.
Created: 2822-08-25 12:82:33 [EST]
(Supp. No. 17)
"Employee permit" means the permit required under this chapter for every employee or independent contractor working at a commercial cannabis operation or involved in transportation/delivery related services for a commercial cannabis operation, other than solely as a vender or a certificated common carrier. "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 owned, leased, or otherwise held under the control of the applicant or permittee where the commercial cannabis operation will be or is conducted. the premises shall be a contiguous area and shall only be occupied by one permittee.
"Premises owner" means the fee owner(s) 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 seg.
"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. "Responsible party" means the business owner, operator, manager(s), and any employee having significant control over the commercial cannabis operations.
(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 shall be subject to the following requirements:
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 area shall be a single, contiguous designated area.
2. Lighting. Medical marijuana cultivation lighting shall not exceed a total of twelve hundred watts.
Created: 2022-88-25 12:02:33 [EST]
(Supp. No. 17)
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.
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.
9. 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).
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 through 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 conspicuous place in the cultivation area for each patient residing in the residence who is cultivating medical marijuana. For rental properties, a copy of the owner's written authorization to cultivate medical marijuana shall be posted in the same manner.
Created: 2022-08-25 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.
To the extent that the city is required to allow the cultivation of recreational or adult use marijuana under state law, and except as provided for in Section 18.55.070, the rules set forth herein shall apply.
1. State Law Limits. The cultivation of recreational or adult use marijuana shall be subject to the limits set forth in any applicable state law. At the time of adoption of this chapter, applicable state law limits the 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, requirements, and limitations applicable to the personal use cultivation of medical marijuana set forth in Section 18.55.030.
(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.
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 facilities 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.
A healthcare facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code.
• A residential-care facility for persons with chronic life-threatening illnesses licensed pursuant to Chapter 3.01 (commencing with Section 1568.01) of Division 2 of the Health and Safety Code. • 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.
Created: 2822-08-25 12:02:33 [EST]
(Supp. No. 17)
A residential hospice, or a home-health agency licensed pursuant to Chapter 8 (commencing with Section 1725) of Division 2 of the Health and Safety Code.
A single cannabis dispensary is permitted for commercial cannabis operations if allowed by the terms of a regulatory permit at a site approved by the city for that purpose. (Ord. No. 2017-03, § 5, 11-15-2017; Ord. No. 2020-05, § 1, 11-19-2020)
18.55.070 Limited commercial cannabis operations pursuant to regulatory permit.
Notwithstanding the prohibition on commercial cannabis operations set forth in Section 18.55.050, and the limitations upon the cultivation of cannabis set forth in Sections 18.55.030 and 18.55.040, commercial cannabis operations may be allowed as set forth in this section.
A. Purpose. The purpose of this section is to allow limited commercial cannabis operations in the City of Parlier as may be permitted under the Medicinal and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA" or "Act") and to adopt local regulations applicable to those operations.
B. Permitted Uses. Business owners meeting the requirements of this section shall be eligible to apply for a regulatory permit to conduct the following commercial cannabis operations, as may be approved by the city council at its discretion:
Cultivation.
Processing.
. Extraction.
Manufacturing.
Testing.
• Distribution.
• Transportation.
1. The regulatory permit issued pursuant to this section shall specify whether the commercial cannabis operation shall be limited to medical cannabis.
2. The regulatory permit issued pursuant to this section shall specify the precise commercial cannabis operation, by clear description and, when appropriate, shall reference the license type specified in the Act for which a state license is being sought.
3. The commercial cannabis operation shall at all times be in compliance with this section as it may be amended from time to time or repealed and replaced by another section governing commercial cannabis operations.
4. Dispensaries are allowed as permitted by a regulatory permit at a site approved by the city.
5. The city council retains the discretion to deny a regulatory permit or limit a regulatory permit to specified commercial cannabis operations.
C. Minimum Operational Requirements and Restrictions. The following operational requirements and restrictions shall apply to all commercial cannabis operations:
1. The Act and Other State Laws. The commercial cannabis operations shall at all times be in compliance with the Act and the implementing regulations, as they may be amended from time to time, as well as all state license(s) required under the Act, and any other applicable state law.
The operator shall obtain all licenses required under the Act prior to opening for business.
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2. Register of Employees. The operator shall maintain a current register of the names of persons required to have employee permits. The register shall be made available to the police chief at all times immediately upon request.
Signage. Except as may be approved pursuant to a regulatory permit, there shall be no signage or markings on the premises or off-site that in any way evidence that commercial cannabis operations are occurring on the property. Interior building signage is permissible provided the signage is not visible outside of the building.
4. Cannabis Consumption. No cannabis or cannabis product shall be smoked, ingested or otherwise consumed on the premises. Prominent signage of this prohibition shall be displayed throughout the facility.
5. Alcoholic Beverages. No commercial cannabis operation shall hold or maintain a retail license from the state department of alcohol beverage control to sell alcoholic beverages, or operate a business that sells alcoholic beverages. In addition, alcohol for personal consumption shall not be provided, stored, kept, located, sold, dispensed, or used on the premises.
6. Transportation. Transportation shall be permitted, so long as consistent with state law.
7. Deliveries. Deliveries of cannabis or cannabis-containing products, or distribution of the same from the premises shall be permitted so long as it is consistent with state law.
8. Non-Commercial Cannabis Activity. No non-commercial or recreational marijuana activity shall occur on the premises.
9. Retail Sales. The retail sale of cannabis shall be permitted, so long as consistent with state law and this chapter.
10. Public Access. There shall be no public access to the premises. Public access is allowed for the dispensary allowed by a regulatory permit at a site approved by the city.
11. Minors. It shall be unlawful for any operator to employ any person who is not at least twenty-one years of age.
12. Distance Separation from Schools, Daycare Centers and Youth Centers. A commercial cannabis operation shall not be located within one thousand feet from any existing school, daycare center or youth center as defined by state law, nor from a proposed school site as identified in the general plan. Measurements shall be from property boundary to property boundary. For purposes of this section, "school" means any public or private school providing instruction in kindergarten or grades 1-12, inclusive, but does not include any private school in which education is primarily conducted in private homes.
13. Hours of Operation. Commercial cannabis operations shall be allowed to operate per the requirements of the underlying zone district and subject to the city's noise and nuisance ordinances.
14. Building and Related Codes. The cannabis operation shall be subject to the following requirements:
a. The premises in which the commercial cannabis operations occur shall comply with all applicable local, state, and federal laws, rules, and regulations including, but not limited to, building codes and the Americans with Disabilities Act, as certified by the building official of the city. The operator shall obtain all required building permits and comply with all applicable city standards.
b. The responsible party shall ensure that the premises has sufficient electrical load for th ommercial cannabis operations
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C. To the extent permitted by the Act, butane and other flammable materials are permitted to be used for extraction and processing provided the operator complies with all applicable fire and building codes, and any other laws and regulations relating to the use of those products, to ensure the safety of that operation. The Fresno County Fire Protection District, or other qualified agency retained by the city, shall inspect and approve the premises for use of the products prior to city's issuance of a certificate of occupancy, or otherwise prior to opening for business, to ensure compliance with this requirement. Such inspection shall be at the business owner's expense.
d. The operator shall comply with all laws and regulations pertaining to use of commercial kitchen facilities for the Commercial Cannabis Operations. e. The operator shall comply with all environmental laws and regulations pertaining to the commercial cannabis operations, including the storage, use and disposal of water and pesticides, and shall otherwise use best practices to avoid environmental harm.
15. Odor Control. Business owner shall provide an odor-absorbing ventilation and exhaust system, so that odor generated inside the facility that is distinctive to its commercial cannabis operations is not detected outside the premises, outside the building housing the commercial cannabis operations, or anywhere on adjacent property or public rights-of-way. Accordingly, business owner must install and maintain the following equipment or any other equipment which the city's building official determines has the same or better effectiveness:
a. An exhaust air filtration system with odor control that prevents internal odors and pollen from being emitted externally;
b. An air system that creates negative air pressure between the cannabis facility's interior and exterior so that the odors generated inside the cannabis facility are not detectable outside the cannabis facility; or
c. This subsection shall not apply to outdoor commercial cannabis cultivation activities. That notwithstanding, the city council may, as a condition to issuance of a cannabis regulatory permit, require an applicant to provide all feasible measures or mechanisms to reduce the detectability of odors off the premises.
16. Consumable Products. Commercial cannabis operations that manufacture products in the form of food or other comestibles shall obtain and maintain all appropriate approvals from the state and county departments of public health for the provision of food or other comestibles, unless otherwise governed by the Act and licensed by the state.
17. Secure Building. Except as part of an approved cannabis regulatory permit, all commercial cannabis operations shall occur entirely inside of a building that shall be secure, locked, and fully enclosed, with a ceiling, roof or top, and entirely opaque. Notwithstanding the foregoing, the roof may be of solid non-opaque material, provided other security measures exist to ensure that the commercial cannabis operation cannot be seen, heard or smelled beyond the property line.
The building shall include a burglar alarm monitored by an alarm company or private security company. The building, including all walls, doors, and the roof, shall be of solid construction meeting the minimum building code requirements for industrial structures (including, without interia comed hal duse set and pr, the eate apiaton to the ly piers and a. This subsection shall not apply to outdoor commercial cannabis cultivation activities. b. Subdivision a. notwithstanding, the city council may, as a condition to issuance of a cannabis regulatory permit, require an applicant to provide all feasible measures or Created: 2022-88-25 12:02:33 [EST]
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mechanisms deemed necessary to obscure visibility from off the premises, to reduce noise, and to reduce offsite odors.
18. Premises Security. The following security conditions shall apply:
a. Alarm system (including perimeter, fire and panic).
b. Remote monitoring of alarm systems.
C. Perimeter lighting systems (motion sensor) for after-hours security. d. Perimeter security and lighting as approved by the police chief. e. Use of drive gates with card key access or similar to access the facility. f. Entrance areas to be locked at all times, and under the control of a designated responsible party.
g. Use of access-control systems to limit access to grow and processing areas. h. Exterior and interior camera systems approved by the police chief. The camera systems shall meet the minimum requirements of the Act, include interior monitoring of all access points to the site from the interior, and be of a minimum five mega-pixel resolution. i. All security systems at the site are attached to an uninterruptable power supply providing twenty-four-hour power.
j. Twenty-four-hour security patrols by a recognized security company licensed by the California Department of Consumer Affairs or otherwise acceptable to the police chief. All current contact information regarding the security company shall be provided to the police chief.
k. Parlier police department or department designee shall have access to all security systems.
I. Internet protocol ("IP") access for remote monitoring of security cameras by the Parlier Police Department or a department designee upon request. m. Any and all video or audio tape recordings made for security purposes shall be marked with the date and time made and shall be kept, in an unaltered state, for a period of at least thirty days and must be made available to the Parlier Police Department or department designee for duplication upon demand. In addition, upon request by the Parlier Police Department, the responsible party shall duplicate the records for the Parlier Police Department or the department designee.
n. Hardened bullet-resistant windows for exterior windows as part of any new or existing construction.
Accounting software systems need to be in place to provide audit trails of both product and cash, where applicable.
p. Electronic track-and-trace systems for cannabis products as required by the Act and state regulations.
The city may inspect the premises and audit the records of the commercial cannabis operations for compliance on a quarterly basis.
r. Security protocols and equipment need to be in place to protect computer information. s. The foregoing premises security requirements shall be approved by the police chief prior to commencing operations. The police chief may supplement these security requirements Created: 2022-08-25 12:02;33 [EST]
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once operations begin, subject to review by the city council if requested by the business owner.
19. Deliveries of Supplies and Transportation of Product. The following rules apply to the deliveries and transportation:
a. Deliveries of supplies to the premises shall only occur as provided for in diagram and floor plans on file with the city as part of the application process. Delivery vehicles shall not have any markings indicating that deliveries are being made to a cannabis operation. b. The transportation of cannabis samples and/or products to and from the premises shall be in unmarked vehicles with no indication that the vehicles are transporting cannabis samples and/or products. The responsible party shall stagger transportation times, vary routes from the facility, and take other security measures as requested by the police chief.
20. Premises Maintenance. The business owner, operator, and all responsible parties shall continually maintain the premises and its infrastructure so that it is visually attractive and not dangerous to the health, safety, and general welfare of employees, patrons, surrounding properties, and the general public. The premises or commercial cannabis operation shall not be maintained in a manner that causes a public or private nuisance.
21. Location of Uses. The commercial cannabis operation permitted by this section shall only be allowed in the locations designated on the diagram and floor plans of the premises submitted with the application for a regulatory permit. The commercial cannabis operation shall not operate at any location other than as stated in the regulatory permit.
D. Commercial Cannabis Operation Regulatory Permit. No person or entity shall operate a commercial cannabis operation within the City of Parlier without first obtaining a commercial cannabis regulatory permit from the city. The regulatory permit shall be site-specific and shall specifically identify the commercial cannabis activity that will be allowed at that site. No commercial cannabis activity will be allowed unless specifically identified in the regulatory permit. The issuance of a regulatory permit shall be at the discretion of the city council.
E. Applications for Regulatory Permits and Responsible Party Designation.
1. Application. Applicants for regulatory permits shall file their applications with the police chief and shall include the information set forth herein. The police chief may request such additional information he or she deems necessary to determine who the applicant is and what activity may be permitted. The applicant shall certify under penalty of perjury that all of the information contained in the application is true and correct. The application shall contain the following items for the business owner, operator, all responsible parties known at the time (if different than the business owner), and any other party designated below:
a. The full name, present address, and telephone number. b. Date of birth.
C. Tax identification number.
d. The address to which notices relating to the application are to be mailed. e. Previous addresses for the five years immediately preceding the submission of the application.
f. His or her height, weight, and color of eyes and hair. g. Photographs for identification purposes (photographs shall be taken by the police department).
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h. All business, occupation, or employment for the five years immediately preceding the submission of the application.
i. The commercial cannabis operation business history, including whether the business owner and responsible parties, while previously operating in this or another city, county or state, has had a cannabis-related license revoked or suspended, the reason therefore, and the business, activity or occupation subsequent to such suspension or revocation. j. Complete property ownership and lease details, where applicable. If the business owner is not the premises owner, the application must be accompanied with a notarized acknowledgment from the premises owner that commercial cannabis operations are authorized to occur on the premises.
A descriptive business plan for the commercial cannabis operation, including a detailed list of all commercial cannabis operations proposed to occur on the premises.
I. A diagram and floor plan of the entire premises, denoting all the use of areas proposed for commercial cannabis operations, including, but not limited to, cultivation, processing, manufacturing, testing, transportation, deliveries, and storage. The diagram and floor plan need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.
The name or names of the operator. The operator shall designate one or more responsible parties, one of which shall at all times be available as a point of contact for the city, twenty- four hours per day. The contact information of the operator and responsible parties shall be provided to the police chief and updated within twenty-four hours of any changes. n. The proposed security arrangements for ensuring the safety of persons and to protect the premises from theft.
0. An accurate straight-line drawing prepared within thirty days prior to the application depicting the building and the portion thereof to be occupied by the cannabis operation and the property line of any school as set forth in the operational requirements. p. Authorization for the city and its agents and employees to seek verification of the information submitted.
2. Improper or Incomplete Application. If the applicant has completed the application improperly, or if the application is incomplete, the police chief shall, within thirty days of receipt of the original application, notify the applicant of such fact.
3. Changes in information. Except as otherwise provided, the information required by this subsection E shall be updated with the police chief upon any change within ten calendar days.
Other Permits or Licenses. The fact that an applicant possesses other types of state or city permits or licenses does not exempt the applicant from the requirement of obtaining a regulatory permit.
F. Employee Permits.
1. Permit Required. Every employee or independent contractor working at a commercial cannabis operation or involved in transportation/delivery related services for a commercial cannabis operation, except for venders and certificated common carriers, shall obtain an employee permit.
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permit, if such person also serves as an employee or contractor. All responsible parties, except the business owner, shall be required to obtain an employee permit.
2. Application. Each employee and independent contractor shall be required to provide the following information under penalty of perjury, so the police department can perform a background check:
a. Name, current residence address, and telephone number. b. Date of birth.
Tax identification number.
d. His or her height, weight, and color of eyes and hair. e. Photographs for identification purposes (photographs shall be taken by the police department).
f. Fingerprinted by the police department.
g. Such other identification and information as deemed necessary by the police chief and pertinent to the employee permit.
h. Authorization for the city and its agents and employees to seek verification of the information contained within the application.
i. The name of the business owner holding the regulatory permit and the operator for which such person is proposed to work.
G. Application Fees. Every application for a regulatory permit, employee permit, or employee permit renewal shall be accompanied by a nonrefundable fee, as established by resolution of the city council.
This fee shall be in addition to any other business license fee or permit fee imposed by this code or other governmental agencies. The fee shall include an amount to cover the costs of fingerprinting, photographing, background checks, and the general review and processing of the application.
As an alternative to the regulatory permit fee, the city and applicant may enter into a specific project processing costs agreement.
Investigation and Action on Application.
1. Upon the filing of a properly-completed application and the payment of the fee, the police chief shall conduct an investigation of the application, including a background check of the applicant and all employees and independent contractors. All applicants for a regulatory permit and employee permit shall be required to submit to a fingerprint-based criminal history records check conducted by the Parlier Police Department.
2. For regulatory permits, after the background checks and investigation are complete, and in no case later than one hundred twenty days after receipt of a properly completed application, the police chief shall issue a recommendation that the city council approve or deny a regulatory permit in accordance with the provision of this section. The recommendation for approval shall include conditions the police chief deems reasonable under the circumstances to protect the public health, safety, and welfare of the community. The recommendation shall be forwarded to the city council for action following any required noticing and public hearings, and may be processed concurrently with any other development application(s) necessary for the commercial cannabis operation.
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either approve or deny an employee permit. At the discretion of the police chief, employee permits may be conditionally approved pending the background investigation.
Term of Permits and Renewals. Employee permits issued under this section shall expire one year tollowing the date of issuance. Applications for renewal shall be made at least forty-five days prior to the expiration date of the permit and shall be accompanied by the nonrefundable fee referenced in this section. When made less than forty-five days before the expiration date, the expiration of the permit will not be stayed.
J. Grounds for Denial of Regulatory Permit. The city council may in its sole discretion deny a regulatory permit or limit a regulatory permit to specified uses. When considering whether to deny or limit a regulatory permit, the council shall consider the following:
1. Whether the business or conduct of the business at a particular location is prohibited by any local or state law, statute, rule, or regulation.
2. Whether the business owner or operator has been issued a local or state permit related to commercial cannabis operations at any other location in California, or another state; whether that permit was suspended or revoked; and whether the business owner or operator has had a disciplinary action relating to the permit.
3. Whether the business owner or operator has knowingly made a false statement of material fact or has knowingly omitted a material fact in the application.
4. Whether the business owner or operator, or any responsible person, has been:
a. Convicted of a violent felony, as specified in subdivision (c) of Section 667.5 of the Penal Code;
b. Convicted of a serious felony, as specified in subdivision (c) of Section 1192.7 of the Penal Code;
C. Convicted of a felony involving fraud, deceit, or embezzlement; d. Convicted of a felony for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling, any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor;
e. Convicted of a felony for drug trafficking with enhancements pursuant to Section 11370.4 or 11379.8 of the Health and Safety Code;
f. Subject to fines, penalties, or otherwise sanctioned for cultivation or production of a controlled substance on public or private lands pursuant to Section 12025 or 12025.1 of the Fish and Game Code;
g. Sanctioned by a licensing authority or a city, county, or a city and county for unauthorized commercial cannabis activities, has had a license suspended or revoked under this division in the three years immediately preceding the date the application is filed with the city.
A conviction for any controlled substance felony subsequent to permitting shall be grounds for revocation of a regulatory permit or denial of the renewal of a regulatory permit.
A "conviction" within the meaning of this subsection means a plea or verdict of guilty or a conviction following a plea of nolo contendre.
5. Whether the business owner or operator has engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices.
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6. Whether the business owner or operator is under eighteen years of age, or any older other age set by the state.
7. Whether the cannabis operation complies with the zoning ordinance or development standards of the City of Parlier.
8. Whether the required business license fee, annual regulatory fee, revenue raising fee, or other city fees and/or taxes have been paid.
9. Such other grounds the council determines are reasonable.
K. Grounds for Denial of Employee Permit. The grounds for denial of an employee permit shall be one or more of the following:
1. The applicant has been issued a local or state permit related to commercial cannabis operations at any other location in California, or another state, and that permit was suspended or revoked, or the applicant has had disciplinary action relating to the permit.
2. The applicant has been:
a. Convicted of a violent felony, as specified in subdivision (c) of Section 667.5 of the Penal Code;
b. Convicted of a serious felony, as specified in subdivision (c) of Section 1192.7 of the Penal Code;
Convicted of a felony involving fraud, deceit, or embezzlement; d. Convicted of a felony for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling, any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor;
e. Convicted of a felony for drug trafficking with enhancements pursuant to Section 11370.4 or 11379.8 of the Health and Safety Code;
f. Subject to fines, penalties, or otherwise sanctioned for cultivation or production of a controlled substance on public or private lands pursuant to Section 12025 or 12025.1 of the Fish and Game Code;
Sanctioned by a licensing authority or a city, county, or city and county for unauthorized commercial cannabis activities, has had a license suspended or revoked under this division in the three years immediately preceding the date the application is filed with the city.
3. The applicant has engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices.
4. The applicant has committed any act, which, if done by a permittee, would be grounds for suspension or revocation of a permit.
5. An applicant is under eighteen years of age, or any older age set by the state.
L. Notice of Decision and Final Action.
Regulatory Permit. Action on the regulatory permit shall be as follows:
a. The police chief shall cause a written notice of his or her recommendation on the issuance or denial of a regulatory permit, and the date and time when the city council will consider action on the regulatory permit, to be personally delivered or mailed to the applicant by certified U.S. mail, postage prepaid.
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b. Following a public hearing, the council may grant the regulatory permit, limit the regulatory permit to specified uses, or deny the issuance of the regulatory permit for any of the grounds specified in this section. in granting a regulatory permit, the council may impose such conditions as it deems reasonable under the circumstances to protect the public health, safety, and welfare of the community. The decision of the council shall be final, subject to judicial review below.
2. Employee Permit. Action on the employee permit shall be as follows: The police chief shall cause a written notice of his or her determination on the issuance or denial of an employee permit to be personally delivered or mailed to the applicant by certified U.S. mail, postage prepaid. The police chief's decision on an employee permit shall be final.
M. Suspension and Revocation of Regulatory Permit or Employee Permit.
1. Regulatory Permit. The city council may suspend or revoke the regulatory permit of a commercial cannabis operation when any of the following occur:
a. The commercial cannabis operation is conducted in violation of any provision of this section, the Act, or any other applicable law.
b. The commercial cannabis operation is conducted in such a manner as to create a risk of danger to the public health or safety.
C. A failure to pay the regulatory fee, the revenue raising fee, or all city taxes as required. d. A failure to take reasonable measures to control patron conduct, where applicable, resulting in disturbances, vandalism, or crowd control problems occurring inside of or outside the premises, traffic control problems, or obstruction of the operation of another business.
e. A failure to comply with the terms and conditions of the regulatory permit or any conditional use permit issued in connection therewith.
f. Any act which would be considered grounds for denial of the regulatory permit in the first instance.
2. Employee Permit. The police chief may suspend or revoke an employee permit when the permittee or the employee has committed any one or more of the following acts:
a. Any act which would be considered a ground for denial of the permit in the first instance. b. Violates any provision of this section, the Act, or any other applicable law relating to the cannabis operation.
C. Violates or fails to comply with the terms and conditions of the employee permit.
3. Procedures for Revoking Regulatory Permits. For regulatory permits, the procedures for revoking conditional use permits shall be utilized, except that the matter shall be heard by the city council in the first stance.
4. Procedures for Revoking Employee Permits. Prior to suspension or revocation of an employee permit, the police chief shall conduct a hearing. Written notice of the time and place of such hearing shall be served upon the permittee at least five calendar days prior to the date set for such hearing. The notice shall contain a brief statement of the grounds to be relied upon for revoking or suspending the permit. Notice may be given either by personal delivery or by certified U.S. mail, postage prepaid to the last known address. Any permittee aggrieved by the decision of the police chief to suspend or revoke an employee permit shall have no appeal rights and the police chief's decision shall be final, subject to judicial review as set forth in this section.
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5. Immediate Suspension. The police chief may immediately suspend or revoke a regulatory permit or an employee permit without notice or a hearing, subject to the appeal rights set forth herein, under the following circumstances:
a. The business owner, operator or responsible party is convicted of a public offense in any court for the violation of any law which relates to the cannabis operation, or in the case of an employee permit, the employee is convicted of a public offense in any court for the violation of any law which relates to the permit.
b. The police chief determines that immediate suspension is necessary to protect the public health, safety, and welfare of the community. The police chief shall articulate the grounds for the immediate suspension in writing and the suspension shall only be for as long as necessary to address the circumstances which led to the immediate suspension.
N. Effect of Denial or Revocation. When the city council shall have denied or revoked a regulatory permit, or the police chief shall have denied or revoked an employee permit, no new application for a regulatory permit or an employee permit shall be accepted and no regulatory permit or employee permit shall be issued to such person or to any corporation in which he or she shall have any beneficial interest for a period of one year after the action denying or revoking the Regulatory Permit or Employee Permit.
O. Abandonment. A regulatory permit shall be deemed abandoned if commercial cannabis operations cease for a period of more than ninety consecutive days. Before restarting operations, a new regulatory permit shall be secured. The ninety-day period shall be tolled during periods of force majeure, which shall be defined as follows: War; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires; casualties; supernatural causes; acts of the "public enemy"; epidemics; quarantine restrictions; freight embargoes; lack of transportation; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; or any other causes beyond the reasonable control of the permittee.
P. Fees and Taxes. All commercial cannabis operations shall pay applicable fees and taxes, which may include one or more of the following:
1. Business License Fee. The business owner shall at all times maintain a current and valid business certificate and pay all business taxes required by Title 5, Chapter 5.04, of the Parlier Municipal Code pertaining to business licensing.
2. Regulatory License Fee. The business owner shall pay an annual regulatory license fee ("regulatory fee") to cover the costs of anticipated enforcement relating to the cannabis operation. The amount of the fee shall be set by resolution of the city council and be supported by the estimated additional costs of enforcement and monitoring associated with the cannabis operation. The regulatory fee shall be due and payable prior to opening for business and thereafter on or before the anniversary date. The regulatory fee may be amended from time to time based upon actual costs.
3. Revenue Raising Fee. An annual revenue raising fee ("revenue raising fee") for the privilege of having the right to operate in the city.
a. Revenue Raising Fee Finding. The city council specifically finds that it is approving this chapter allowing commercial cannabis operations to operate in the city with the express understanding that the business will pay the revenue raising fee to the city as set forth herein, and that without the revenue raising fee, the city council would not have adopted the ordinance codified in this chapter allowing commercial cannabis operations to operate in the city. By opening a commercial cannabis operation in the city, the premise owner, business owner, operator, and all responsible parties agree that, if the revenue raising fee Created: 2022-08-25 12:02:33 [EST]
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is challenged by any one of them or a third party and set aside, the business must cease operation.
b. Amount of Fee and Terms of Payment. The revenue raising fee shall be as follows:
i. An annual fee of ten dollars per square foot for the first five thousand square feet, which shall be the minimum annual fee for all commercial cannabis operations; seven dollars per square foot for the next five thousand one to twenty thousand square feet; five dollars per square foot for the next twenty thousand one to forty thousand square feet; and two dollars per square foot for all remaining space utilized in connection with each commercial cannabis operation. The square footage calculation shall be determined by including all portions of the premises under the control of the business owner and deducting therefrom driveways, sidewalks, landscaping, vacant unused space, areas used exclusively for office space, employee break rooms, restrooms, and storage space unrelated to the commercial cannabis operation (such as a janitorial closet). The total under-canopy square footage shall be included in the square footage calculation.
ii. In the alternative to subdivision (b)(i) above, the revenue raising fee shall equal three percent of gross receipts of the commercial cannabis operation, if that amount is greater than the fee calculated using the formula set forth in subdivision (b)(i).
C. If more than one commercial cannabis operation operates on the premises, whether within a single building or multiple buildings, each regulatory permit holder shall be responsible for paying the revenue raising fee. The revenue raising fee shall be payable in advance, in not less than quarterly installments, with the first quarterly payment due prior to issuance of a certificate of occupancy. The first payment shall not be prorated, and in no event shall the first payment be less that the equivalent of one full quarterly payment. All quarterly payments shall be received by the city before the end of the quarter. d. Alternative Voter-Approved Tax. If the voters of the city approve a tax on commercial cannabis operations, the business owner shall pay that tax in lieu of the revenue raising fee, once the city begins to collect the tax revenue.
Q. Recordkeeping. The responsible party shall make and maintain complete, accurate, and legible records of the permitted commercial cannabis operations evidencing compliance with the requirements of this section. Those records shall be maintained for a minimum of five years.
R. Inspection. Commercial cannabis operations shall be open for inspection by any city law enforcement officer, city code enforcement officer, or city financial auditor or their designees at any time the commercial cannabis operation is operating, at any other time upon responding to a call for service related to the property where the commercial cannabis operations is occurring, or otherwise upon reasonable notice. Recordings made by security cameras at any cannabis operation shall be made immediately available to the police chief upon verbal request. No search warrant or subpoena shall be needed to view the recorded materials.
S. Indemnification. In authorizing commercial cannabis operations under this section, the city makes no guarantees or promises as to the lawfulness of the approved activity under state or federal law, and the business owner, operator and all responsible parties are obligated to comply with all applicable laws and regulations. To the fullest extent permitted by law, the city shall not assume any liability whatsoever with respect to the adoption of this ordinance or the operation of any commercial cannabis operation approved pursuant to this chapter, or under state or federal law. The business owner, operator and all responsible parties shall defend, hold harmless, release, and indemnify the Created: 2022-08-25 12:02:33 [EST]
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city, its agents, officers, and employees, from any liability associated with the approved use or adverse determinations made by the state or federal government. An adverse determination could include cessation of operations.
The business owner agrees to reimburse the city for any court costs and attorney fees that the city may be required to pay as a result of any legal challenge related to commercial cannabis operations operating under the authority of this chapter. The city may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the permittee of its obligation hereunder.
If requested by the city attorney, the business owner shall execute an agreement memorializing the requirements of this subsection.
(Ord. No. 2017-03, § 5, 11-15-2017; Ord. No. 2020-05, § 1, 11-19-2020; Ord. No. 2021-02, § I, 5-20-2021)
18.55.080 Regulations applicable to the consumption of marijuana.
No person shall smoke, ingest, or otherwise consume marijuana or marijuana products, whether recreational or medical, in the City of Parlier, unless such smoking, ingesting or consumption occurs entirely within a private residence. "Within a private residence" shall mean inside habitable areas and shall not include garages, whether attached or detached, and other accessory buildings, unless those bulldings are at all times fully enclosed during the consumption.
Medical marijuana may also be consumed within a clinic, healthcare facility, residential care facility, or residential hospice licensed pursuant to applicable provisions of the California Health and Safety Code.
All consumption shall be done in a manner so as to not cause a nuisance to nearby residents with noxious odors or other adverse health and safety impacts.
(Ord. No. 2017-03, § 5, 11-15-2017)
18.55.090 Penalties and enforcement.
The following remedies shall apply for violations of this chapter:
A. Violations for conduct that is not otherwise considered lawful under state law, shall be considered misdemeanors and are punishable in accordance with Chapter 1.16 of the Municipal Code. Each and every day, or portion thereof, that a violation exists is a separate offense.
Should a court of competent jurisdiction subsequently determine that the criminal penalty provision renders this chapter unlawful, the city intends that the misdemeanor provision be severable from the remaining penalty provisions and the city will only pursue non-criminal remedies for violations of this chapter.
The city may also pursue all applicable civil and administrative remedies, including, but not limited to, injunctive rellef and administrative citations.
1. Any use or condition caused or permitted to exist in violation of any of the provisions of this Chapter shall be and is hereby declared a public nuisance and may be summarily abated by the city pursuant to the City of Parlier Municipal Code.
2. The violation of any provision of this chapter shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of city, create a cause of action for injunctive relief.
C. Any person who violates the provisions of this chapter may be subject to an administrative fine of up to one thousand dollars for each violation and for each day the violation continues to persist.
Created: 2022-08-25 12:02:33 [EST]
(Supp. No. 17)
(Ord. No. 2017-03, § 5, 11-15-2017)
18.55.100 Severability.
The provisions of this chapter are hereby declared to be severable. If any provision, clause, word, sentence, or paragraph of this chapter, or of the regulatory permit issued pursuant to this chapter, or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this chapter or of any regulatory permit issued pursuant hereto. (Ord. No. 2017-03, § 5, 11-15-2017)
18.55.110 Judicial review.
Judicial review of a decision made under this chapter may be had by filing a petition for a writ of mandate with the superior court in accordance with the provisions of the California Code of Civil Procedure Section 1094.5.
Any such petition shall be filed within ninety days after the day the decision becomes final, as provided in California Code of Civil Procedure Section 1994.6, which shall apply for such actions. (Ord. No. 2017-03, § 5, 11-15-2017)
Created: 2022-08-25 12:02:33 [EST]
(Supp. No. 17)
OF PARL
AGENDA ITEM:
MEETING DATE: January 16, 2025
DEPARTMENT: Police Department
1261
REPORT TO CITY COUNCIL
SUBJECT: Warming and Cooling Center schedule
RECOMMENDATION:
Staff request City Council approve revamping of Warming and Cooling center hours and location.
BACKGROUND: Based on public's demand for refuge service, and city's desire to accommodate less fortunate residents during extreme weather, City proposing establishing new hours and location.
Cooling centers will open when temperatures are forecasted to reach or exceed 100 degrees Fahrenheit and will be open from 12:00 p.m. to 8:00 p.m.
Warming centers will open when temperatures are forecasted to drop below 39 degrees and will be open from 7:00 p.m. to 7:00 a.m. New location: 741 Tulare, Civic Center PREPARED BY: APPROVED BY:
Acting City Manager David Cerda