RESOLUTION NO. _______-2025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE GIVING PRELIMINARY APPROVAL OF ENGINEER’S REPORT FOR FISCAL YEAR 2025-2026 FOR LANDSCAPE AND
LIGHTING MAINTENANCE DISTRICTS
WHEREAS, on the 17th day of June 2025, said City Council did adopt a Resolution directing the Engineer of Work to make and file with the City Clerk of said City a report in writing for Fiscal Year 2025-2026 as required by the Landscaping and Lighting Act of 1972; and WHEREAS, said Engineer of Work has made and filed with the City Clerk of said City a report in writing as called for in said Resolution and under and pursuant to said Act, which report has been presented to this Council for consideration; and
WHEREAS, said Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient, and that said report, nor any part thereof, requires or should be modified.
NOW, THEREFORE, be it resolved by the City Council of the City of Porterville that:
1. The Engineer’s Estimate of the itemized costs and expenses of said work and of the incidental expenses in connection therewith, contained in said report be, and each of them are hereby, preliminarily approved and confirmed.
2. The boundaries of the subdivision of land within each said Assessment District are approved and confirmed as the same as existed at the time of passage of Resolution originally establishing each District.
3. The proposed assessments upon the subdivisions of land in said Assessment Districts are in proportion to the estimated benefit to be received by said subdivisions, respectively, from said normal and customary maintenance and of the incidental expenses thereof, as contained in said report, and are hereby preliminarily approved and confirmed.
4. Said report shall stand as the Engineer’s Report for the purposes of all subsequent proceedings, and pursuant to the proposed district.
Reference is hereby made to said maps for further, full and more particular description of said Assessment District, and the same maps so on file shall govern for all details as to the extent of each said Assessment District.
Resolution No. _____-2025
PASSED, APPROVED AND ADOPTED this 17th day of June 2025. _____________________________
Greg Meister, Mayor
ATTEST:
Richard Tree, Interim City Clerk
By: ________________________________
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
Item No. 11.
CITY COUNCIL AGENDA – JUNE 17, 2025
SUBJECT: Approval of Revised Community Civic Event - Communities of the Giant Sequoias - 2nd Annual Watermelon Festival - July 13, 2025 SOURCE: Finance
COMMENT: At its meeting on May 6, 2025, the City Council approved the request submitted by Porterville Kiwanis to hold the 2nd Annual Watermelon Festival.
The original request listed the Porterville Kiwanis as the sponsoring organization. The event chairperson has submitted a revised Community Civic Event Application updating the sponsoring organization to Communities of the Giant Sequoias.
The revised Community Civic Event Application has been routed according to the Ordinance regulations and reviewed by all City Departments involved, and no other changes are proposed.
RECOMMENDATION: That the City Council approve the revised Community Civic Event application submitted by the Communities of the Giant Sequoias to hold the 2nd Annual Watermelon Festival on Sunday, July 13, 2025, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.
ATTACHMENTS: 1. CCE Application and Agreement, Exhibit A, Exhibit B, Exhibit C, Outside Amplifier Permit, Map, Certificate of Liability Insurance, and Flyer.
Appropriated/Funded:
Review By:
Department Director:
Janie Rodriguez, Finance Director
Final Approver: Richard Tree, Interim City Manager
Item No. 11.
Requirements for Community Civic Event
Communities of the Giant Sequoias
2 nd Annual Watermelon Festival
July 13, 2025
City Engineer:
D. Cervantez
Community Development Director:
C. Calderon
Public Works Director:
M. Knight
Fire Marshal:
C. Dignam
Parks and Leisure Services Director:
D. Moore
Police Lieutenant:
M. Acevedo
Administrative Service Director:
Y. Andrade
Field Services Superintendent:
B. Spry
Field Services Superintendent - Streets:
J. Baeza
Please see Exhibit C.
Vehicles not involved in the event to
park in designated parking areas.
Please see Exhibit B.
The certification of insurance and
endorsement forms provided are
sufficient for the proposed event.
No comments.
No comments.
Exhibit A, Page 1
Item No. 12.
CITY COUNCIL AGENDA – JUNE 17, 2025
SUBJECT: Authorization for Street Closure - KJUG Concert SOURCE: Parks and Leisure Services
COMMENT: At its meeting on April 15, 2025, City Council authorized the City to once again sponsor the KJUG Concert Series to take place at Centennial Park, along with approving the sponsorship cost of $2,000 to be paid from the Community Promotions account, and a $2,000 expenditure for special event liability coverage to be funded through the Risk Management Fund.
The free concert is scheduled for June 27, 2025, and will begin at 7:00 p.m. City staff is recommending the same street closure as in past years from 3:00 - 9:00 p.m. to ensure the safety of attendees. Main Street from Thurman Avenue to Cleveland Avenue, along with Cleveland Avenue from Main Street to the alley just east of Centennial Park, will be closed. The attachment in the staff report shows the proposed street closure and traffic plan. Knoxville-raised artist on the rise, Greylan James, will be the performer for the concert.
RECOMMENDATION: That the City Council authorize the street closure for the KJUG Concert on June 27, 2025, from 3:00 - 9:00 p.m., on Main Street from Cleveland Avenue to Thurman Avenue and Cleveland
Avenue from Main Street to the alley just east of Centennial Park.
ATTACHMENTS: 1. KJUG Closure
2. Greylan James
Appropriated/Funded:
Review By:
Department Director:
Donnie Moore, Parks and Leisure Services Director
Final Approver: Richard Tree, Interim City Manager
Item No. 12.
GREYLAN JAMES
FREE CONCERT
SERIES
JUNE 27
From the moment his Papaw gifted him his first guitar at the age of five, one of Nashville’s most exciting young breakout Country stars Greylan James knew he was meant to be a musician. The Knoxville-raised artiston-the-rise has been manifesting his vision of Country music stardom since his earliest days: from those cleats and cowboy hats he wore to school to playing every sort of live show imaginable from tailgates to patios and dive bars to funerals around his hometown. Since moving to Music City eight years ago, Greylan has become a “celebrated songwriter” (Country Now) earning cuts from some of Country music’s most notable artists including Kenny Chesney, Chris Young, Cole Swindell, Darius Rucker, Chris Janson, Bailey Zimmerman, Breland and more. The singer/songwriter recently earned his first No. 1 and ACM Award for Song Of The Year co-writing Jordan Davis’ smash hit “Next Thing You Know.” The song also earned Greylan his first CMA Award nomination for Song Of The Year. To date, Greylan’s songbook has amassed more than 650 million streams. And while Greylan has undoubtedly been incredibly successful penning hits for others in the writer’s room, he’s ready to strike out on his own with the recent release of his anticipated debut single “Young Man.” Co-written alongside esteemed Nashville songwriters Jacob Davis and Josh Miller, and dedicated to Greylan’s late grandfather, the reflective song of notching wisdom from one’s elders is his most personal song yet. After joining Old Dominion and Cole Swindell on the road in 2023, Greylan has supported Scotty McCreery’s CAB IN A SOLO TOUR and Adam Doleac’s WRONG SIDE OF A SUNRISE TOUR in 2024. In 2025 he’s headlining at CMA Music Fest, Watershed Festival, Greeley Stampede, and the Rise Up Music Festival. He was a featured performer at this year’s C2C Country to Country Music Festival in Germany and the Netherlands.
Greylan James
Item No. 13.
CITY COUNCIL AGENDA – JUNE 17, 2025
SUBJECT: Annual State Senate Bill 1205 Fire Inspection Compliance Report SOURCE: Fire
COMMENT: California Senate Bill 1205 (SB 1205), enacted in response to the 2016 Ghost Ship warehouse fire, requires fire departments to report annually on their compliance with mandated inspections of specific occupancies. These include public and private K–12 schools, licensed daycare centers, hotels, motels, apartment complexes, and certain residential care facilities, as outlined in Sections 13146.2 and 13146.3 of the California Health and Safety Code. The law also requires that this report be submitted to the governing body of the jurisdiction and acknowledged through a formal action such as a resolution, as specified in Section 13146.4.
For the 2024 calendar year, the Porterville Fire Department completed inspections of thirty-seven educational occupancies and fifty-nine residential occupancies that fall within the categories subject to annual inspection. These inspections resulted in a one hundred percent compliance rate for both groups. Although a small number of properties are still completing corrective actions, such as replacing parts delayed by supply chain issues or coordinating with contractors, all initial inspections required under state law were completed. Staff continues to follow up with property representatives to ensure full resolution.
Following changes in operations prompted by the COVID-19 pandemic and recommendations from the Serious Accident Review Team, the Fire Department discontinued the use of engine companies for inspections. The responsibility for mandated inspections was transitioned to the Fire Prevention Division under the Fire Marshal, which has allowed the Department to meet its inspection requirements while responding to complaints and inspection requests in a timely manner. With over 1,400 occupancies citywide, including more than 100 that are subject to state mandates, the Department continues to evaluate and adjust its inspection program to reflect updated classifications, annexations, and new developments. While only certain inspections must be reported to the City Council, the Fire Prevention Division actively tracks all occupancies through Item No. 13.
the Department's records management system to ensure accurate reporting and consistent oversight.
This report is being presented in conjunction with the City’s annual budget process, as permitted under the law. Adoption of the attached resolution will confirm the City Council’s acknowledgment of the report and establish the City’s compliance with the applicable sections of the California Health and Safety Code.
BACKGROUND:
ANALYSIS:
ENVIRONMENTAL
REVIEW:
RECOMMENDATION: That the City Council approve the attached Resolution acknowledging receipt of the Fire Chief’s annual report regarding the Porterville Fire Department’s inspection of specific buildings and occupancies pursuant to Section 13146.2 and 13146.3 of the California Health and Safety Code.
ATTACHMENTS: 1. Draft Resolution
2. SB1205 2024 Fire Inspections
3. SB1205 text
Appropriated/Funded:
Review By:
Department Director:
Bryan Cogburn, Fire Chief
Final Approver: Richard Tree, Interim City Manager
RESOLUTION NO.______2025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE
ACKNOWLEDGING RECEIPT OF THE FIRE CHIEF'S ANNUAL REPORT REGARDING THE
PORTERVILLE FIRE DEPARTMENT'S INSPECTION OF SPECIFIC BUILDINGS AND OCCUPANCIES PURSUANT TO SECTIONS 13146.2 AND 13146.3 OF THE CALIFORNIA
HEALTH AND SAFETY CODE
WHEREAS, California Health & Safety Code Section 13146.4 became effective on January 1, 2019 and requires that an annual report of fire inspections conducted by the Fire Department be presented to the City Council for acknowledgement; and WHEREAS, California Health & Safety Code Sections 13146.2 and 13146.3 require all fire departments, including the Porterville Fire Department, that provide fire protection services, to perform annual inspections in every building used as a public or private school, hotel, motel, lodging house, apartment house, and certain residential care facilities for compliance with building standards, as provided; and
WHEREAS, California Health & Safety Code Section 13146.2 requires all fire departments, including the Porterville Fire Department, that provide fire protection services, to report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3; and
WHEREAS, the City Council of the City of Porterville intends this Resolution to fulfill the requirements of California Health & Safety Code regarding acknowledgment of the Porterville Fire Department's compliance with California Health & Safety Code Sections 13146.2 and 13146.3.
NOW, THEREFORE, BE IT RESOLVED:
SECTION l. REPORT RECEIVED:
That the City Council of the City of Porterville acknowledges receipt of the Fire Department's annual inspections report for Calendar Year 2023 and recognizes the measure of compliance achieved by the Porterville Fire Department with California Health & Safety Code Sections 13146.2 and 13146.3 in the area encompassed by the City of Porterville, as follows:
A. EDUCATIONAL GROUP E OCCUPANCIES:
Educational Group E occupancies are generally those public and private schools, used by more than six persons at any one time for educational purposes through the 12th grade. Within the City of Porterville, there were 37 Group E occupancies, buildings, structures and/or facilities identified.
During 2023, the Porterville Fire Department completed 37 annual inspections of Group E occupancies, buildings, structures and/or facilities. This reflects a compliance rate of 100% for this reporting period.
Resolution No. ____-2025
B. RESIDENTIAL GROUP R OCCUPANCIES:
Residential Group R occupancies, for the purposes of this resolution, are generally those occupancies containing sleeping units, and include hotels, motels, apartments (three units or more), etc. as well as other residential occupancies(including several residential care facilities). These residential care facilities have numerous sub classifications, and they may contain residents or clients that have a range of needs, including those related to custodial care, mobility impairments, cognitive disabilities, etc. The residents may also be non- ambulatory or bedridden. Within the City of Porterville, there were 59 Group R (and their associated sub categories) occupancies of this nature.
During 2023, the Porterville Fire Department completed 59 annual inspections of Group R occupancies, buildings, structures and/or facilities. This reflects a compliance rate of 100% for this reporting period.
PASSED, APPROVED AND ADOPTED this 17th day of June, 2025 Greg Meister, Mayor
ATTEST:
Richard Tree, Interim City Clerk
By _
Fernando Gabriel-Moraga,
Chief Deputy City Clerk
Porterville Fire Department
Start Date: 01/01/2024 | End Date: 12/31/2024
Inspection Type: All Inspection Types
Category/Subcategory Annual Reinspection Total Count (All Selected) FAIL NOT OBSERVED PASS VIOLATION CLEARED Assembly Group A / A-1 Theaters / Performing Arts 1 2 3 9 0 0 9 Assembly Group A / A-2 Food and Drink 1 0 1 6 0 0 0
Assembly Group A / A-3 Worship and Recreation 5 4 9 18 0 0 11 Assembly Group A / A-5 Outdoor Sporting Events 1 2 3 5 0 3 7 Business Group B / Business Group B 18 8 26 45 0 8 14
Educational Group E / Daycare with more than 5 children age 2.5 or older Group E 6 2 8 12 0 3 5 Educational Group E / Elementary School 22 29 51 128 0 16 108 Educational Group E / High School 6 10 16 108 0 4 87
Educational Group E / Middle School 3 7 10 29 0 0 31
Imported / Imported 3 2 5 3 0 0 3
Institutional Group I / I-2 Medical - Hospital and Nursing homes 2 2 4 8 0 6 7 Institutional Group I / I-3 Jails / Detention Centers 1 0 1 0 0 4 0 Mercantile Group M / Mercantile Group M 12 9 21 72 0 0 24 Mercantile Group M / Service Stations 9 6 15 27 0 3 15
Residential Group R / R-1 Hotels / Motels 4 2 6 14 0 0 5 Residential Group R / R-2 Apartments 54 5 59 20 1 6 10
Residential Group R / R-4 Assisted Living (more than 5 but less than 16 (excluding staff) 1 0 1 1 0 0 0 Storage Group S / S-1 Moderate-hazard (Car Garages) 1 0 1 0 0 0 0 Total 150 90 240 505 1 53 336
*State Mandated Occupancies required for annual reporting pursuant to SB1205 **Additional State Mandated Inspections (every 2 years) Only Completed Inspections for Active Occupancies included. emergencyreporting.com
Doc Id: 1832
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Senate Bill No. 1205
CHAPTER854
An act to add Section 13146.4 to the Health and Safety
Code, relating to fire protection.
[Approved by Governor September 27, 2018. Filed with
Secretary of State September 27, 2018.]
LEGISLATIVE COUNSEL'S DIGEST
SB 1205, Hill. Fire protection services: inspections: compliance reporting. Existing law requires the chief of any city or county fire department or district providing fire protection services and his or her authorized representatives to
inspect every building used as a public or private school within his or her jurisdiction, for the purpose of enforcing specified building standards, not less than once each year, as provided. Existing law requires every city or county fire department or district providing fire protection services that is required to enforce specified building standards to annually inspect certain structures, including hotels, motels, lodging houses, and apartment houses, for compliance with building standards, as provided.
This bill would require every city or county fire
department, city and county fire department, or district required to perform the above-described inspections to
report annually to its administering authority, as defined, on the department's or district's compliance with the abovedescribed inspection requirements, as provided. The bill would require the administering authority to acknowledge receipt of the report in a resolution or a similar formal docwnent.
To the extent this bill would expand the responsibility of a local agency, the bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish
procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The people of the State of California do enact as follows:
SECTION 1. Section 13146.4 is added to the Health and Safety Code, to read:
13146.4. (a) Every city or county fire department, city and county fire department, or district required to perform an annual inspection pursuant
93 Ch. 854 -2-
to Sections 13146.2 and 13146.3 shall report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3.
(b) The report made pursuant to subdivision (a) shall occur when the administering authority discusses its annual budget, or at another time determined by the administering authority. ( c) The administering authority shall acknowledge receipt ofthe report made pursuant to subdivision (a) in a resolution or a similar fonnal document.
( d) For purposes of this section, "administering authority" means a city council, county board of supervisors, or district board, as the case may be.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) ofDivision 4 ofTitle 2 ofthe Government Code.
0 93
Item No. 14.
CITY COUNCIL AGENDA – JUNE 17, 2025
SUBJECT: Status and Review of Declaration of Local Flood Emergency SOURCE: City Manager's Office
COMMENT: On March 13, 2023, former Mayor Martha A. Flores, in conjunction with Acting City Manager Patrice Hildreth, declared the existence of a local emergency within the City of Porterville. This declaration was made pursuant to Chapter 9 of the Porterville Municipal Code and in response to a series of storm systems impacting the Porterville area, increasing flows in the Tule River and posing a significant threat to life and property. The City Council ratified the declaration at its Special Meeting on March 17, 2023, in accordance with the California Emergency Services Act (Government Code § 8558 et seq.). Per State requirements, the declaration must be renewed every sixty (60) days to remain in effect. At its most recent meeting on June 3, 2025, the Council renewed the emergency declaration.
Staff continues to work with FEMA to resolve outstanding claims and identify a timeline and path forward. In an effort to reduce the size of the agenda binder while still keeping the Council informed, staff is including only the most current Armory Census as an attachment to this report. Once the declaration of local flood emergency is officially concluded, and in coordination with FEMA guidance, staff will prepare a final close-out report that includes all supporting documentation and attachments currently on file.
Chronology of Emergency Response Actions:
• March 10–19, 2023: Tulare County Sheriff and City officials issued a series of evacuation warnings and mandatory orders due to rising water levels and flood threats, including areas near Success Lake, River Springs Drive, and Rio Vista Avenue.
• March 13, 2023: The City declared a Local Emergency.
• March 15–25, 2023: City Public Works performed extraordinary flood mitigation efforts. Evacuation orders were adjusted based on river activity.
• March 17, 2023: The City Council ratified the emergency declaration. • April 11, 2023: The Temporary Evacuation Point (TEP) and Emergency Shelter relocated from Porterville College to the Porterville Armory.
Item No. 14.
• April 14–May 5, 2023: The City and County executed an MOU to continue Armory TEP operations without Cal OES funding. • May 5, 2023: The City assumed full operational and financial responsibility for the Armory site.
• May 16, 2023: The Council approved a one-year no-cost license agreement for exclusive use of the Armory.
• April–July 2023:
o Council approved emergency expenditures including water rescue equipment, mobile ADA-compliant restrooms, and flood mitigation services.
o Due to contract violations, TopKnotch Security was terminated and replaced by Good Guard Security for ongoing Armory safety services.
• State and Federal Declarations:
o Governor Newsom issued Executive Orders N-6-23, N-7-23, and N-10-23 to support flood response and recovery.
o President Biden’s Major Disaster Declaration (April 3, 2023) activated federal recovery funding; FEMA formally closed the incident period on July 10, 2023.
RECOMMENDATION: That the City Council receive the report of status and review of the Declaration of Local Emergency and determine the need exists to continue said Declaration.
ATTACHMENTS: 1. Armory Census
Appropriated/Funded:
Review By:
Department Director:
Richard Tree, Interim City Manager
Final Approver: Richard Tree, Interim City Manager
Item No. 15.
CITY COUNCIL AGENDA – JUNE 17, 2025
SUBJECT: Status of Vacant Positions as Required by AB 2561 SOURCE: Administrative Services
COMMENT: California State Assembly Bill (AB) 2561, which took effect on January 1, 2025, establishes new requirements for public agencies regarding the tracking and reporting of job vacancies. Under this law, public agencies must present the status of their vacancies in a public hearing before the governing body at least once per fiscal year. If the number of job vacancies within a single bargaining unit meets or exceeds 20% of the total number of authorized full-time positions, the City must, upon request of the recognized employee organization, include specified information during the public hearing.
Following a review of all six (6) of the City's bargaining units, none currently meet or exceed the 20% threshold. Vacancy rates for all units are detailed in Exhibit A.
To combat the vacancy rate, the City employs various recruitment strategies, including posting vacancies on the City’s website, recruitment portal, industryspecific job boards, the City's social media platforms, and local newspapers. In 2024, the Council also approved the purchase of NEOGOV. NEOGOV is one of the most highly used recruiting software programs for many public agencies and makes it easier to contact and engage with applicants. The Human Resources Office has seen an increase in the number of applicants who respond to recruitments since the software's launch in October 2024.
RECOMMENDATION: That the City Council conduct a public hearing and review the vacancy report in compliance with AB 2561.
ATTACHMENTS: 1. Exhibit A
2. Bill Text - AB-2561 Local public employees-vacant positions Appropriated/Funded:
Review By:
Item No. 15.
Department Director:
Yuliana Andrade, Administrative Services Director
Final Approver: Richard Tree, Interim City Manager
Bargaining Unit # of Vacancies # of Allocations % of Vacancies Fire Officer Series 0 10 0%
Management and Confidential Series 6 70 9%
Porterville City Employees' Association 5 130 4%
Porterville City Firefighters' Association 3 36 8%
Porterville Police Officers' Association 12 75 16%
Public Safety Support Unit 9 48 19%
Exhibit A
SHARE THIS: Date Published: 09/23/2024 09:00 PM
AB-2561 Local public employees: vacant positions. (2023-2024) Assembly Bill No. 2561
CHAPTER 409
An act to add Section 3502.3 to the Government Code, relating to public employment. [ Approved by Governor September 22, 2024. Filed with Secretary of State September 22, 2024. ]
LEGISLATIVE COUNSEL'S DIGEST
AB 2561, McKinnor. Local public employees: vacant positions.
Existing law, the Meyers-Milias-Brown Act (act), authorizes local public employees, as defined, to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on matters of labor relations. The act requires the governing body of a public agency to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized employee organizations and to consider fully presentations that are made by the employee organization on behalf of its members before arriving at a determination of policy or course of action.
This bill would, as specified, require a public agency to present the status of vacancies and recruitment and retention efforts at a public hearing at least once per fiscal year, and would entitle the recognized employee organization to present at the hearing. If the number of job vacancies within a single bargaining unit meets or exceeds 20% of the total number of authorized full-time positions, the bill would require the public agency, upon request of the recognized employee organization, to include specified information during the public hearing. By imposing new duties on local public agencies, the bill would impose a state-mandated local program. The bill would also include related legislative findings.
The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement shall be made pursuant to these statutory provisions for costs mandated by the state pursuant to this act, but would recognize that a local agency or school district may pursue any available remedies to seek reimbursement for these costs.
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites 5/19/25, 12:54 PM Bill Text - AB-2561 Local public employees: vacant positions. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB2561 1/3 THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares as follows:
(a) Job vacancies in local government are a widespread and significant problem for the public sector affecting occupations across wage levels and educational requirements. (b) High job vacancies impact public service delivery and the workers who are forced to handle heavier workloads, with understaffing leading to burnout and increased turnover that further exacerbate staffing challenges.
(c) There is a statewide interest in ensuring that public agency operations are appropriately staffed and that high vacancy rates do not undermine public employee labor relations.
SEC. 2. Section 3502.3 is added to the Government Code, to read:
3502.3. (a) (1) A public agency shall present the status of vacancies and recruitment and retention efforts during a public hearing before the governing board at least once per fiscal year. (2) If the governing board will be adopting an annual or multiyear budget during the fiscal year, the presentation shall be made prior to the adoption of the final budget. (3) During the hearing, the public agency shall identify any necessary changes to policies, procedures, and recruitment activities that may lead to obstacles in the hiring process. (b) The recognized employee organization for a bargaining unit shall be entitled to make a presentation at the public hearing at which the public agency presents the status of vacancies and recruitment and retention efforts for positions within that bargaining unit.
(c) If the number of job vacancies within a single bargaining unit meets or exceeds 20 percent of the total number of authorized full-time positions, the public agency shall, upon request of the recognized employee organization, include all of the following information during the public hearing:
(1) The total number of job vacancies within the bargaining unit. (2) The total number of applicants for vacant positions within the bargaining unit. (3) The average number of days to complete the hiring process from when a position is posted. (4) Opportunities to improve compensation and other working conditions. (d) This section shall not prevent the governing board from holding additional public hearings about vacancies. (e) The provisions of this section are severable. If any provision of this section or its application is held invalid, the invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(f) For purposes of this section, “recognized employee organization” has the same meaning as defined in subdivision (a) of Section 3501.
SEC. 3. The Legislature finds and declares that Section 2 of this act, which adds Section 3502.3 to the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:
It is in the public interest, and it furthers the purposes of paragraph (7) of subdivision (b) of Section (3) of Article I of the California Constitution, to ensure that information concerning public agency employment is available to the public.
SEC. 4. No reimbursement shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code for costs mandated by the state pursuant to this act. It is recognized, however, that a local agency or school district may pursue any remedies to obtain reimbursement available to it under Part 7 (commencing with Section 17500) and any other law.
5/19/25, 12:54 PM Bill Text - AB-2561 Local public employees: vacant positions. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB2561 2/3 Item No. 16.
CITY COUNCIL AGENDA – JUNE 17, 2025
SUBJECT: Public Health Goal Report
SOURCE: Public Works
COMMENT: Senate Bill 1307 amended the California Health and Safety Code to require public water systems serving more than 10,000 service connections to prepare a Public Health Goal (PHG) report every three years if any constituents in the water system exceed PHG or Maximum Contaminant Level Goal (MCLG) thresholds.
PHGs are non-enforceable public health targets established by the California Office of Environmental Health Hazard Assessment (OEHHA), part of the California Environmental Protection Agency (CalEPA). These goals are based solely on public health risk and do not take into account factors such as analytical detection limits, treatment technology, or cost. Where OEHHA has not adopted a PHG for a specific constituent, water suppliers must use the U.S. Environmental Protection Agency’s MCLG as the benchmark.
State law further requires the City to hold a public hearing to accept and respond to public comment on the PHG report. This process promotes transparency and informs the public of the City’s drinking water quality, health-related benchmarks, and any differences between regulatory standards and health-based goals. The City of Porterville’s water system remains in full compliance with all applicable State and Federal drinking water standards. The 2025 Public Health Goal Report is attached for Council and public review. It is also intended to supplement the annual Consumer Confidence Report mailed to all customers.
RECOMMENDATION: That City Council conduct a Public Hearing to solicit comments on the Public Health Goal Report.
ATTACHMENTS: 1. 54-10010-City of Porterville-CCR-2023
2. Public Health Goal 2025
Appropriated/Funded:
Review By:
Department Director:
Michael Knight, Assistant City Manager
Item No. 16.
Final Approver: Richard Tree, Interim City Manager
In order to ensure that tap water meets standards, USEPA and the State Water Resources Control Board prescribe regulaƟons that limit the amount of certain contaminants in water provided by public water systems. Department regulaƟons also establish limits for contaminants in boƩled water that provide the same
protecƟon for public health. The City of Porterville tests its water at each well site and at numerous locaƟons throughout the distribuƟon system on a regular basis in order to comply with all state and federal standards.
City of Porterville water comes from 37 municipal water wells and 1 standby well located throughout the city. Before being pumped into the distribuƟon system, a disinfectant is added to the water to protect you from potenƟal microbial contaminants.
An assessment of all the drinking water sources for the City of Porterville was completed in February of 2022. Of the 37 wells, six have been determined to be vulnerable to PCE contaminaƟon, and seven have been determined to be vulnerable to nitrate contaminaƟon, and one vulnerable to DBCP contaminaƟon;
however, none of these consƟtuents have been detected at concentraƟons over the drinking water standards. A copy of the complete assessment is available at the City CorporaƟon yard, 555 N. Prospect Street.
We are required to monitor your drinking water for specific contaminants on a regular basis. Results of regular monitoring are an indicator of whether or not our drinking water meets health standards. For addiƟonal water quality data, please contact Jonathan PruiƩ at 782-7516 or David Payne at 782-7518. Your concerns can also be addressed to the Porterville City Council.
MeeƟngs are held at 6:30 p.m. on the first and third Tuesdays of each month at City Hall, 291 N. Main Street. Council sessions are open to the public. Property owners, with any type of tenants, please make copies of this report and distribute them to your tenants and/or post on your community board if available.
The sources of drinking water (both tap water and boƩled water) include rivers, lakes, streams, ponds, reservoirs, springs, and wells.
As water travels over the surface of the land or through the ground, it dissolves naturally occurring minerals and, in some cases, radioacƟve material, and can pick up substances resulƟng from the presence of animals or from human acƟvity.
Contaminants that may be present in source water include:
microbial contaminants such as viruses and bacteria; inorganic contaminants such as salts and metals; pesƟcides and herbicides that may come from a variety of sources; organic chemical contaminants, including syntheƟc and volaƟle organic chemicals, that are by-products of industrial processes and petroleum producƟon, and radioacƟve contaminants that can be naturally occurring.
Drinking water, including boƩled water, may reasonably be expected to contain at least small amounts of some contaminants.
The presence of contaminants does not necessarily indicate that water poses a health risk. More informaƟon about contaminants and potenƟal health effects can be obtained by calling the USEPA’s Safe Drinking Water Hotline (800) 426-4791.
IMPORTANT REMINDER FOR AQUARIUM OWNERS AND HOME
DIALYSIS PATIENTS
To meet USEPA regulaƟons the water supply will contain chlorine.
Residents with aquariums or fish ponds should remove the chlorine with water condiƟoning chemicals or granular acƟvated carbon.
Contact your local tropical fish store to determine the best water treatment for your fish. If you are receiving kidney dialysis treatment, please contact your doctor or dialysis technician to be sure that the equipment is adequately removing the chlorine.
OTHER PRECAUTIONS THE PUBLIC SHOULD CONSIDER
Some people may be more vulnerable to contaminants in drinking water than the general populaƟon. Immune-compromised persons such as persons with cancer undergoing chemotherapy, persons who have undergone organ transplants, people with HIV/AIDS or other immune system disorders, some elderly, and infants can be parƟcularly at risk from infecƟons. These people should seek advice about drinking water from their health care providers. USEPA/Centers for Disease Control (CDC) guidelines on appropriate means to lessen the risk of infecƟon by Cryptosporidium and other microbial contaminants are available from the Safe Drinking Water Hotline (800) 426-4791.
DEFINITIONS:
0 – Indicates a value less than the detecƟon reporƟng level AL - AcƟon Level - The concentraƟon of a contaminant which, if exceeded, triggers treatment or other requirements that a water system must follow.
MCL - Maximum Contaminant Level - The highest level of a contaminant that is allowed in drinking water. Primary MCLs are set as close to the PHGs (or MCLGs) as is economically and technologically feasible. Secondary MCLs are set to protect the odor, taste, and appearance of drinking water.
MCLG - Maximum Contaminant Level Goal - The level of a
contaminant in drinking water below which there is no known or expected risk to health. MCLGs are set by the U.S. Environmental ProtecƟon Agency (USEPA).
ND – Non-Detected – consƟtuent not detectable in test sample pCi/l – Picocuries per liter
ppm/b/t – Parts Per Million / Billion / Trillion
Primary Drinking Water Standard - Primary MCLs, specific treatment techniques adopted in lieu of primary MCLs, and monitoring and reporƟng requirements for MCLs that are specific in regulaƟons.
PHG - Public Health Goal - The level of a contaminant in drinking water below which there is no known or expected risk to health. PHGs are set by the California Environmental ProtecƟon Agency.
Range of DetecƟon – the highest (maximum) and lowest (minimum) level of contaminaƟon detected in a sample set (a group of samples accompanied by a suite of properƟes that describe shared characterisƟcs of all samples in the group)
CONSUMER
CONFIDENCE
REPORT
CITY OF PORTERVILLE
FOR PERIOD 01/01/2023 TO 12/31/2023
ENGLISH
Este informe conƟene informacion muy importante sobre su agua potable de beber. Traduze este informacion or si Ɵene preguntas, pueden hablar con Bertha Yarbrough a (559) 782- 7518.
Field Services Division
Public Works Department
Water UƟliƟes
555 N. Prospect St.
Porterville, CA 93257
Phone: (559) 782-7514
CITY OF PORTERVILLE
PUBLIC HEALTH GOAL REPORT
The California Health and Safety Code Section 116470(b), (c) and (f) specifies that on July 1, 1998, and every three years thereafter, public water systems serving more than 10,000 service connections shall prepare a report intended to inform the public concerning any Public Health Goal (PHG) that is exceeded.
PHGs are set by the California Office of Environmental Health Hazard Assessment (OEHHA) which is part of CalEPA and are based solely on public health risk considerations. None of the practical risk-management factors that are considered by the USEPA or the California Department of Health Services (CDHS) in setting drinking water standards (MCLs) are considered in setting PHGs. These factors include analytical detection capability, treatment technology available, benefits and costs. The PHGs are not enforceable and are not required to be met by any public water system. MCLGs are the federal equivalent to PHGs.
The following constituent was detected in the city of Porterville drinking water sources at levels above the PHG, or if no PHG, above the MCLG:
Coliform Bacteria: In 2024 we collected 74 samples each month for coliform analysis for a total of 888 samples.
In the year 2024 we had 5 samples found to be positive for coliform bacteria absent for E.coli.
Tetrachloroethylene (PCE): The PHG for PCE is 0.06 ppb, with a MCL of 5 ppb. Detection levels in 6 wells which are monitored quarterly have a running annual average of 2.57 ppb. The category of health risk associated with PCE is that people who drink water containing PCE above the MCL throughout their lifetime could experience liver problems and may have an increased risk of getting cancer. CDHS says that “Drinking water which meets the MCL is associated with little to none of this risk and should be considered safe with respect to PCE.” The numerical health risk for a PHG of .06 ppb is 1 in 1,000,000. The numerical health risk for a MCL of 5 ppb is 8 in 100,000.
Lead and/or Copper: There is no MCL for Lead or Copper. Instead the 90th percentile value of all samples taken from household taps in the distribution system cannot exceed an Action Level of 15 ppb for lead, and 1300 ppb for copper. The MCLG for lead is 0.2 ppb and the MCLG for copper is .03 ppm. All of the source water samples for lead and copper in 2022 were less than the MCLG. Based on samples taken from household taps in 2022, the 90th percentile value for lead was 0.11 ppb and 0.0 ppm for copper. The City of Porterville’s water system is in full compliance with the Federal and State Lead and Copper Rule. The category of health risk for lead and Copper is gastrointestinal damage to kidneys, liver and nervous system of humans. Numerical health risk information on lead has not been provided to OEHHA, the State agency responsible for providing that information.
On May 6, 2024, the City began sampling of thirty-seven (37) wells within the City of Porterville for PFAS. Of the thirty-seven (37) wells tested, seven (7) had PFAS levels that exceeded the PFAS Notification level. The seven (7) wells (City well 18, 19, 20,21, 22, 26 and Lindale 7) are active wells that are in service without PFAS treatment but are well under the response level. Scientific research suggests that exposure to certain PFAS may lead to adverse health outcomes.
Definitions:
Public Health Goals (PHG): The level of a contaminant in drinking water below which there is no known or expected risk to health. PHGs are set by the California Environmental Protection Agency.
Maximum Contaminant Level Goal (MCLG): The level of a contaminant in drinking water below which there is no known or expected risk to health. MCLGs are set by the U. S. Environmental Protection Agency.
Maximum Contaminant Level (MCL): The highest level of a contaminant that is allowed in drinking water.
Primary MCLs are set as close to the PHGs (or MCLGs) as is economically and technologically possible.
Secondary MCLs are set to protect the odor, taste, and appearance of drinking water.
Action Level: The concentration of which, if exceeded, triggers treatment or other requirements which a water system must follow.
ppb: Parts per billion
Item No. 17.
CITY COUNCIL AGENDA – JUNE 17, 2025
SUBJECT: Consideration of an Ordinance Designating Fire Hazard Severity Zones in the Local Responsibility Area
SOURCE: Fire
COMMENT: To comply with State wildfire hazard mapping requirements, the City must consider adoption of an ordinance establishing Fire Hazard Severity Zones (FHSZ) within the Local Responsibility Area (LRA). This staff report outlines the legal background, review process, and public notification steps taken, and recommends setting a public hearing to proceed with adoption.
Under Government Code Section 51178, the California State Fire Marshal (SFM) is required to identify and classify areas throughout the state as Moderate, High, or Very High Fire Hazard Severity Zones. These classifications are based on consistent statewide criteria including fuel loading, slope, fire behavior, weather, and wind patterns that contribute to wildfire spread. The updated mapping process incorporates new scientific data, local climate conditions, and fire behavior models to more accurately reflect wildfire hazards.
The terms “hazard” and “risk” are distinct and defined as follows:
• Hazard reflects the physical conditions that create the potential for wildfire, evaluated over a 30–50-year period and excluding mitigation efforts. • Risk accounts for the potential damage under current conditions, including existing mitigation such as fire-resistant construction and fuel reduction.
FHSZs are designated in two primary responsibility areas:
• State Responsibility Areas (SRAs) – where the State is responsible for wildfire protection.
• Local Responsibility Areas (LRAs) – which include incorporated cities, urban areas, agricultural lands, and desert regions where wildfire protection falls under local jurisdiction.
Originally, Assembly Bill 337 (Bates Bill) required only Very High FHSZ designations in LRAs. However, Senate Bill 63 (Stern, 2021) amended the law to require Moderate and High zone classifications as well. The updated SRA maps took effect on April 1, 2024, and CAL FIRE’s update of LRA maps followed. Although draft maps were expected in January 2025, the City received them on March 10, 2025. Upon review, staff identified 117 parcels in the City’s LRA that were fully or partially designated as “Moderate.” Item No. 17.
Per Government Code Section 51179, the City Council must adopt Moderate, High, and Very High zones by ordinance within 120 days of receiving the State Fire Marshal’s recommendations. In addition, Section 51178.5 requires that maps be made available for public review within 30 days. In response, the City posted the maps online, mailed notices to affected property owners, and shared information via the Fire Department’s social media accounts.
The public review period ran from April 4 through May 4, 2025. No comments were received through the online portal or in person at City Hall.
The City is not authorized to reduce or remove designated hazard zones. However, it may increase the designation or include additional areas not identified by the State, provided such changes are supported by findings and substantial evidence under Government Code Section 51182. Following review by the Fire Chief, staff does not recommend any changes to the State’s designations at this time.
A model ordinance developed by CAL FIRE is included as an attachment. The City may also seek support from CAL FIRE’s Land Use Planning Program, which offers guidance on firesafe building standards, development regulations, and General Plan safety elements.
Insurance providers use separate risk models from those used by CAL FIRE. While some data may overlap, insurers rely on proprietary models that consider additional, dynamic variables. Staff will continue monitoring for future updates to the maps and initiate the appropriate review and Council processes as required.
RECOMMENDATION: That the City Council:
1. Hold the noticed Public Hearing and receive any public testimony concerning the Proposed Ordinance;
2. Receive and review the Fire Hazard Severity Zone maps and data received from the State Fire Marshal in March 2025;
3. Acknowledge that the received information was made available for public review and comment within 30 days of receipt. The website was opened to the public, notices were mailed to affected property owners, and the Fire Department pushed the information out via social media platforms. The public comment period was open for 30 days from April 4 through May 4, 2025, in accordance with Government Code Section 51178.5;
4. Approve the draft ordinance designating only Moderate Fire Hazard Severity Zones within the City’s Local Responsibility Area, waive the first reading, and order the ordinance to print.
ATTACHMENTS: 1. Fire Hazard Severity Zones Map
2. Draft Ordinance
3. Letter to Owners Affected
4. Local Responsibility Area Legislation Factsheet
Item No. 17.
Appropriated/Funded:
Review By:
Department Director:
Bryan Cogburn, Fire Chief
Final Approver: Richard Tree, Interim City Manager
City and County boundaries as of 10/22/24 (CA Board of Equalization) CAL FIRE State Responsibility Areas (SRA25_1)
CAL FIRE Fire Hazard Severity Zones (FHSZSRA23_3, FHSZLRA_25_1) Data Sources:
Daniel Berlant, State Fire Marshal, CA Department of Forestry and Fire Protection Joe Tyler, Director/Fire Chief, CA Department of Forestry and Fire Protection Wade Crowfoot, Secretary for Natural Resources, CA Natural Resources Agency The State of California and the Department of Forestry and Fire Gavin Newsom, Governor, State of California Protection make no representations or warranties regarding the accuracy of data or maps. Neither the State nor the Department shall be liable under any circumstances for any direct, special, incidental, or consequential damages with respect to any claim by any user or third party on account of, or arising from, the use of data or maps. and other relevant factors including areas where winds
have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.
statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, Government Code section 51178 requires the State Fire
Marshal to identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent Waterbody
Federal Responsibility
Area (FRA)
Unzoned LRA
Incorporated City
Projection: NAD 83 California Teale Albers
Scale: 1:53,000 at 11" x 17"
Km 0 1 2 3 4
Mi 0 1 2
High Moderate
Moderate
Fire Hazard Severity Zones (FHSZ) in Local Responsibility Area (LRA), as Identified by the State Fire Marshal
Porterville
190
65 UNINCORPORATED
TULARE CO.
UNINCORPORATED
TULARE
CO.
March 10, 2025
As Identified by the
State Fire Marshal
Local Responsibility Area
Fire Hazard Severity Zones
CITY OF PORTERVILLE – TULARE COUNTY
Fire Hazard Severity Zones in State Responsibility
Area (SRA), Effective April 1, 2024
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE TO DESIGNATE
FIRE HAZARD SEVERITY ZONES
WHEREAS, Government Code Sections 51178 and 51179, as amended by Senate Bill 63 (Stern, 2021) and Assembly Bill 211 (2022), require the State Fire Marshal to identify areas within Local Responsibility Areas as Moderate, High, and Very High Fire Hazard Severity Zones based on consistent statewide criteria and the expected severity of fire hazards; and WHEREAS, said Government Code Sections further require local agencies to designate Moderate, High, and Very High Fire Hazard Severity Zones in their jurisdiction by ordinance within 120 days of receiving recommendations from the State Fire Marshal; and WHEREAS, the State Fire Marshal has transmitted recommendations and a map identifying Fire Hazard Severity Zones within the City of Porterville; and WHEREAS, the City Council of the City of Porterville desires to designate Fire Hazard Severity Zones within its jurisdiction by adopting the map recommended by the State Fire Marshal, to ensure effective fire protection and public safety for the protection of life and property within the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORTERVILLE HEREBY ORDAINS as follows:
SECTION 1. Designation of Fire Hazard Severity Zones.
The City of Porterville hereby designates the Fire Hazard Severity Zones as recommended by the California Department of Forestry and Fire Protection pursuant to Government Code Section 51178.
The map, approved by the City of Porterville, is hereby incorporated by reference, and entitled “City of Porterville Fire Hazard Severity Zones.” Dated (May 20, 2025).
The official map is also located electronically on the following website:
https://www.ci.porterville.ca.us/departments/fire/new_page/lra_fire_severity_zones.php PASSED, APPROVED AND ADOPTED this ______ day of ____________, 2025.
Greg Meister, Mayor
ATTEST:
Ricard Tree, Acting City Clerk
By: ___________________________
Fernando Gabriel-Moraga
Acting Chief Deputy City Clerk
FHSZ Frequently Asked Questions
What do Fire Hazard Severity Zones measure?
The Fire Hazard Severity Zone map reflects “hazard,” not “risk”. The map is like flood zone maps, where lands are described in terms of the probability level of a par琀椀cular area being inundated by floodwaters, and not specifically prescrip琀椀ve of impacts. “Hazard” is based on the physical condi琀椀ons that create a likelihood and expected fire behavior over a 30 to 50-year period without considering mi琀椀ga琀椀on measures such as home hardening, recent wildfire, or fuel reduc琀椀on efforts.
“Risk” is the poten琀椀al damage a fire can do to the area under exis琀椀ng condi琀椀ons, accoun琀椀ng for any modifica琀椀ons such as fuel reduc琀椀on projects, defensible space, and igni琀椀on resistant building construc琀椀on.
What is a Fire Hazard Severity Zone or FHSZ?
Public Resource Code 4202; The State Fire Marshal shall classify lands within State Responsibility Areas into Fire Hazard Severity Zones. Each zone shall embrace rela琀椀vely homogeneous lands and shall be based on fuel loading, slope, fire weather, and other relevant factors present, including areas where winds have been iden琀椀fied by the department as a major cause of wildfire spread.
Government Code 51178; The State Fire Marshal shall iden琀椀fy areas in the state as Moderate, High, and Very High Fire Hazard Severity Zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, High, and Very High Fire Hazard Severity Zones shall be based on fuel loading, slope, fire weather, and other relevant factors including areas where winds have been iden琀椀fied by the Office of the State Fire Marshal as a major cause of wildfire spread.
Will the new Fire Hazard Severity Zones affect my ability to get or maintain insurance? Insurance companies use risk models, which differ from hazard models, because they consider the suscep琀椀bility of a structure to damage from fire and other short-term factors that are not included in hazard modeling. It is unlikely that insurance risk models would u琀椀lize CAL FIRE Fire Hazard Severity Zones as a factor, but much of the same data that is used in the Fire Hazard Severity Zone model are likely included in the insurance companies’ risk models. However, insurance risk models incorporate many addi琀椀onal factors and that change more frequently than those that CAL FIRE includes in its hazard mapping, which is built to remain steady for the next 10+ years.
General
FHSZ Frequently Asked Questions
When were the maps last updated?
In 2007, CAL FIRE updated the FHSZs for the en琀椀re State Responsibility Area (SRA). Between 2008- 2011 the department worked with local governments to make recommenda琀椀ons of the Very High Fire Hazard Severity Zones within Local Responsibility Area (LRA).
Why are fire hazard severity maps being updated?
The hazard maps are being updated to more accurately reflect the zones in California that are suscep琀椀ble to wildfire. The hazard mapping process will incorporate new science in local climate data and improved fire assessment modeling in determining hazard ra琀椀ngs.
Where do Fire Hazard Severity Zones apply?
Fire Hazard Severity Zones are found in areas where the state has financial responsibility for wildfire protec琀椀on and preven琀椀on, called the State Responsibility Area. More than 31 million acres are in this area. Under Senate Bill 63 (Stern, 2021) Government Code 51178 was amended to also iden琀椀fy the Moderate and High Fire Hazard Severity Zones with the Very High in Local Responsibility Area (LRA).
What are the uses of Fire Hazard Severity Zones?
The zones are used for several purposes including to designate areas where California’s defensible space standards and wildland urban interface building codes are required. They can be a factor in real estate disclosure, and local governments may consider them in their general plan.
What are the key elements of the Fire Hazard Severity Zone model? The fire hazard severity model for wildland fire has two key elements: probability of an area burning and expected fire behavior under extreme fuel and weather condi琀椀ons. The zones reflect areas that have similar burn probabili琀椀es and fire behavior characteris琀椀cs. The factors considered in determining fire hazard within wildland areas are fire history, flame length, terrain, local weather, and poten琀椀al fuel over a 50-year period. Outside of wildlands, the model considers factors that might lead to buildings being threatened, including terrain, weather, urban vegeta琀椀on cover, blowing embers, proximity to wildland, fire history, and fire hazard in nearby wildlands.
FHSZs are not a structure loss model, as key informa琀椀on regarding structure igni琀椀on (such as roof type, etc.) is not included.
General
FHSZ Frequently Asked Questions
How do the Fire Hazard Severity Zone Maps differ from California Public U琀椀li琀椀es Commission (CPUC) High Fire Threat District Maps?
The California Public U琀椀li琀椀es Commission (CPUC) sponsored map, known as "CPUC High Fire Threat District Map” (HFTD), includes similar factors as those in the FHSZ maps, however the CPUC HFTD Map is designed specifically for iden琀椀fying areas where there is an increased risk for u琀椀lity associated wildfires. As such, the CPUC map includes fire hazards associated with historical powerline-caused wildfires, current fuel condi琀椀ons, and scores areas based on where fires start, as opposed to where poten琀椀al fires may cause impacts.
How are Fire Hazard Severity Zones determined?
CAL FIRE used the best available science and data to develop, and field test a model that served as the basis of zone assignments. The model evaluated the probability of the area burning and poten琀椀al fire behavior in the area. Many factors were included such as fire history, vegeta琀椀on, flame length, blowing embers, proximity to wildland, terrain, and weather.
What new data will be included in the new model, and how does this differ from the previous model?
A 2 km grid of climate data covering the years 2003-2018 is being used in the update. The previous model used stock weather inputs across the state to calculate wildland fire intensity scores. The updated model will adjust fire intensity scores based on the most extreme fire weather at a given loca琀椀on, considering temperature, humidity, and wind speed. In addi琀椀on, ember transport is being modeled based on local distribu琀椀ons of observed wind speed and direc琀椀on values instead of using a generic buffer distance for urban areas adjacent to wildlands.
General
FHSZ Frequently Asked Questions
How can I search the Fire Hazard Severity Zone of a property? You can search by address to find your current designa琀椀on on the web at:
h琀琀ps://egis.fire.ca.gov/FHSZ/ osfm.fire.ca.gov/FHSZ
Why does the model place an emphasis on the spread of embers? Embers spread wildfire because they can travel long distances in the wind and ignite vegeta琀椀on, roofs, a琀cs (by ge琀ng into vents), and decks.
Why do waterbodies have a Fire Hazard Severity Zone Classifica琀椀on? All areas in State Responsibility Area, including water bodies, require a Fire Hazard Severity Zone designa琀椀on. The 2007 FHSZ maps zoned all water as Moderate by default. In the 2023 FHSZ model we added a buffer of FHSZ from the surrounding wildland into water bodies to account for poten琀椀al threat of embers to buildings on docks and house boats, as well as varia琀椀on in reservoir height that occurs with drought.
How does CAL FIRE assist Local Governments in Fire Hazard Severity Zones? CAL FIRE’s Land Use Planning Program is a specialized unit that provides support to local governments by providing fire safety exper琀椀se on the State’s wildland urban interface building codes, wildfire safety codes, as well as helping in the development of the safety elements in general plans. Currently there are 189 ci琀椀es and 56 coun琀椀es with FHSZ.
General
FHSZ Frequently Asked Questions
What is State Responsibility Area or SRA?
SRA is a legal term defining the area where the state has financial responsibility for wildland fire protec琀椀on and preven琀椀on. Incorporated ci琀椀es and federal ownership are not included. Within the SRA, CAL FIRE is responsible for fire preven琀椀on and suppression. There are more than 31 million acres in SRA, with an es琀椀mated 1.7 million people and 800,000 exis琀椀ng homes.
How is State Responsibility Area determined?
The Board of Forestry and Fire Protec琀椀on (Board) classifies land as State Responsibility Area. The legal defini琀椀on of SRA is found in the Public Resources Code Sec琀椀on 4125. The Board has developed detailed procedures to classify lands as State Responsibility Area. Lands are removed from SRA when they become incorporated by a city, change in ownership to the federal government, become more densely populated, or are converted to intensive agriculture that minimizes the risk of wildfire. While some lands are removed from SRA automa琀椀cally, the Board typically reviews changes every five years.
What Fire Hazard Severity Zones are in State Responsibility Area? All of the State Responsibility Area is in a Fire Hazard Severity Zone. Lands are either ranked as Moderate, High or Very High Fire Hazard Severity Zones.
What are the wildland urban interface (WUI) building codes in State Responsibility Area? The WUI building codes (California Building Code (CBC) Chapter 7A) reduce the risk of embers fanned by wind-blown wildfires from igni琀椀ng buildings. The codes for roofing, siding, decking, windows, and vents apply throughout all State Responsibility Area regardless of the fire hazard severity ranking. Ember-resistant building materials can be found at:
h琀琀ps://osfm.fire.ca.gov/divisions/fire-engineering-and-inves琀椀ga琀椀ons/building-materials-lis琀椀ng/ SRA Questions
FHSZ Frequently Asked Questions
Why is my property in a different zone than the adjacent area, which looks similar? In wildland areas, zone edges are a result of the way zones are delineated. Specifically, zones represent areas of similar slope and fuel poten琀椀al. Zone boundaries divide zones based on geographic and vegeta琀椀on features that align with fire hazard poten琀椀al; although, at a local scale, it may appear that the immediate area is similar on both sides of the edge. The class value within a zone is based on the average hazard score across the whole zone, so areas that are in the same zone but not immediately adjacent to a local area can have an influence on the final zone classifica琀椀on.
What is the difference between the various Fire Hazard Severity Zones? Classifica琀椀on of a wildland zone as Moderate, High or Very High Fire Hazard is based on the average hazard across the area included in the zone, which have a minimum size of 200 acres. In wildlands, hazard is a func琀椀on of modeled flame length under the worst condi琀椀ons and annual burn probability. Both these factors generally increase with increasing hazard level, but there may be instances where one value is Very High and the other is low, pushing the overall hazard into a more intermediate ranking. On average, both modeled flame length and burn probability increase by roughly 40-60% between hazard classes.
Is the GIS data for Fire Hazard Severity Zones available for download? The data inputs used to develop the Fire Hazard Severity Zones are iden琀椀fied in the Ini琀椀al Statement of Reasons (ISOR) Title 19 Development (ca.gov). CAL FIRE has developed an addi琀椀onal data package which consists of sequen琀椀al modeling steps, including any data inputs that were not already publicly available and referenced in the ISOR. The data package encompasses 34 spa琀椀al datasets and 8 tables, provided in raster, polygon, and table format. These datasets are forma琀琀ed for Esri ArcGIS so昀琀ware, except for four tables provided in Excel. Ten of the datasets are updated versions used to produce an edited SRA FHSZ map following the public comment period that ended April 4, 2023. Upon formal adop琀椀on of the FHSZ map, the final SRA FHSZ geospa琀椀al data file will become available. The data package is available on the FHSZ website Fire Hazard Severity Zones (ca.gov) under the science and methods banner.
SRA Questions
FHSZ Frequently Asked Questions
What is Local Responsibility Area or LRA?
Local Responsibility Areas (LRA) are incorporated ci琀椀es, urban regions, agriculture lands, and por琀椀ons of the desert where the local government is responsible for wildfire protec琀椀on. This is typically provided by city fire departments, fire protec琀椀on districts, coun琀椀es, and by CAL FIRE under contract.
When did Fire Hazard Severity Zones begin in Local Responsibility Area? Assembly Bill 337 (Bates, 1992) prompted by the devasta琀椀ng Oakland Hills Fire of 1991, calls for CAL FIRE to evaluate fire hazard severity in Local Responsibility Area and to make a recommenda琀椀on to the local jurisdic琀椀on where Very High FHSZ exist. Government Code 51175 then provides direc琀椀on for the local jurisdic琀椀on to take appropriate ac琀椀on.
How are Fire Hazard Severity Zones determined in Local Responsibility Areas? CAL FIRE uses an extension of the State Responsibility Area Fire Hazard Severity Zone model as the basis for evalua琀椀ng fire hazard in Local Responsibility Area. The Local Responsibility Area hazard ra琀椀ng reflects flame and ember intrusion from adjacent wildlands and from flammable vegeta琀椀on in the urban area.
What are the requirements for landowners in Fire Hazard Severity Zones in Local Responsibility Areas?
California’s WUI building codes (CBC Chapter 7A) apply to the design and construc琀椀on of new buildings located in High and Very High FHSZs in Local Responsibility Areas. Local ordinances may require igni琀椀on resistant construc琀椀on for remodel projects. Check with your local building department to determine which igni琀椀on resistant building codes apply to your project. In addi琀椀on, Government Code Sec琀椀on 51182 calls for defensible space clearance and other wildland fire safety prac琀椀ces for buildings. Owners are also required to make a natural hazard disclosure as part of a real estate transfer. For informa琀椀on regarding home hardening and defensible space clearance, visit www.readyforwildfire.org.
Does the designa琀椀on of Very High Fire Hazard Severity Zones in the Local Responsibility Area trigger the 100-foot clearance requirement?
Yes, per Government Code 51182 unless a local government has passed a more stringent requirement, the 100-foot defensible space clearance applies. For informa琀椀on regarding home hardening and defensible space clearance, visit www.readyforwildfire.org.
LRA Questions
FHSZ Frequently Asked Questions
What is the difference between the various Fire Hazard Severity Zones? Classifica琀椀on outside of wildland areas is based on the fire hazard of the adjacent wildland and the probability of flames and embers threatening buildings.
Why is my property in a different zone than the adjacent area, which looks similar? In non-wildland areas, zone edges occur based on distance to the wildland edge. Because hazard in these areas is largely determined by incoming embers from adjacent wildland, urban areas that are similar in vegeta琀椀on type and housing density may have a change in FHSZ class as the distance to the wildland edge increases. Areas immediately adjacent to wildland receive the same FHSZ score as that wildland where fire originates, and the model then produces lower scores as the distance to wildland edge increases.
What is the process for developing Fire Hazard Severity Zones in the Local Responsibility Area? CAL FIRE uses the same modeling data that is used to map the State Responsibility Area. The department works with local jurisdic琀椀ons for valida琀椀on of the mapping. The map, along with a model ordinance, are then sent to the governing body for adop琀椀on.
How are the new Fire Hazard Severity Zones impac琀椀ng development? Many of the changes expanding Fire Hazard Severity Zones in Local Responsibility Areas have been supported by the building industry. CAL FIRE works closely with the building industry when se琀ng various building codes and defensible space requirements, so we are working together to not affect development itself but to make sure development matches the hazards of that area.
When will the Local Responsibility Area Map be released? The Local Responsibility Area map process will happen a昀琀er the State Responsibility Area process has been completed, which is es琀椀mated to occur in winter of 2024/25.
Why haven’t Moderate and High Fire Hazard Severity Zone classes been classified before in the Local Responsibility Area?
New legisla琀椀on, Senate Bill 63 (Stern, 2021), now requires the adop琀椀on of all three Fire Hazard Severity Zone classes in the Local Responsibility Area. Previously only Very High Fire Hazard Severity Zones were required for adop琀椀on in Local Responsibility Areas.
LRA Questions
LRA Legislation Factsheet
Assembly Bill No.337
An act to add Chapter 6.8 (commencing with Section 51175) to Part 1 of Division 1 of Title 5 of the Government Code, and to amend Section 13108.5 of the Health and Safety Code, relating to fire protection.
[Enrolled, January 28, 1991]
AB 337, Bates. Very high fire hazard severity zones.
(1) Under existing law, the State Board of Forestry is required to classify all lands within the state, in accordance with prescribed criteria, for the purpose of determining areas in which the financial responsibility of preventing and suppressing fires is primarily the responsibility of the state.
This bill would declare that the prevention of fires is not a municipal affair but is instead, a matter of statewide concern, and would make a finding and declaration of the Legislature that its provisions apply to all local agencies, including, but not limited to, charter cities, charter counties, and charter cities and counties. The bill would prohibit that finding from limiting the authority of a local agency, as defined, from imposing more restrictive fire and panic safety requirements, as otherwise authorized by law.
The bill would state that it is not the intent of the Legislature to limit or restrict the authority of a local agency to impose more restrictive fire and panic safety requirements, as otherwise authorized by law.
This bill would require the Director of Forestry and Fire Protection to identify areas in the state as very high fire hazard severity zones within all counties pursuant to a prescribed schedule. The bill would require local agencies, as defined, to designate, by ordinance, very high fire hazard severity zones in their jurisdiction after receiving recommendations from the director, except as prescribed. The bill would authorize local agencies to include or exclude areas following certain findings and would require changes made by local agencies to be final and not rebuttable by the director. By requiring local agencies to designate very high fire hazard severity zones within their jurisdictions, this bill would impose a state-mandated local program. The bill would require the State Fire Marshal to prepare and adopt a model ordinance that provides for the establishment of any high fire hazard security zones.
LRA Legislation Factsheet
Assembly Bill No.337 (Continued)
(2) Under existing law, any person who owns, leases, controls, operates, or maintains any building or structure in, upon, or adjoining any mountainous area or forest-covered lands, brush-covered lands, or grass-covered lands, or any land that is covered with flammable material, is required to undertake specified fire protection measures, including the maintenance of specified firebreaks.
The bill would enact requirements of this nature for any person who owns, leases, controls, operates, or maintains, any occupied dwelling or occupied structure in, upon, or adjoining any mountainous area, forest-covered land, brush-covered land, grass-covered land, or land covered with flammable material, which area or land is within a very high fire hazard severity zone, as described in (1).
The bill would authorize local agencies to exempt certain structures and would exempt certain land or water areas.
The bill would make violation of these requirements an infraction or misdemeanor, as specified, thereby imposing a state-mandated local program by creating a new crime, and would specify related matters.
This bill would require local agencies to notify owners of property of violation and would authorize local agencies to correct the conditions and make a lien upon the property, as prescribed. By creating these requirements, this bill would impose a state-mandated local program.
The bill would permit a violation of these requirements to be considered a public nuisance, as specified.
(3) Existing law requires the State Fire Marshal to adopt, amend, and repeal regulations for roof coverings and openings into the attic areas of buildings in those fire hazard severity zones in state responsibility lands as designated by the director. Existing law requires the director to classify lands within state responsibility areas into fire hazard severity zones.
This bill would instead require the State Fire Marshal to propose, and would require the State Building Standards Commission to adopt, amend, and repeal those regulations. The bill would also require the State Fire Marshal to propose, and would require the State Building Standards Commission to adopt, amend, and repeal, those regulations for buildings in very high fire hazard severity zones in state responsibility lands, designated by the director, and in very high fire hazard severity zones as described in (1). The bill would require roofs on all new buildings and certain existing buildings in both of those zones to be at least a class B roof that complies with Standard 32-7 of the Uniform Building Code, as adopted in the California Building Standards Code. The bill would impose requirements on installers and roofing materials and make other related changes. The bill would exempt historic buildings, as defined, from these provisions.
LRA Legislation Factsheet
Senate Bill No.63
CHAPTER 382
An act to amend Sections 51177, 51178, 51178.5, 51182, and 51189 of the Government Code, to amend Section 13108.5 of the Health and Safety Code, and to amend Sections 4124.5 and 4291 of, and to add and repeal Sections 4123.8, 4291.5, and 4291.6 of, the Public Resources Code, relating to fire prevention.
[Approved by Governor September 28, 2021. Filed with Secretary of State September 28, 2021.] SB 63, Stern. Fire prevention: vegetation management: public education: grants: defensible space:
fire hazard severity zones.
(1) Existing law requires the Director of Forestry and Fire Protection to identify areas of the state as very high fire hazard severity zones based on specified criteria. Existing law requires a local agency, within 30 days after receiving a transmittal from the director that identifies very high fire hazard severity zones, to make the information available for public review, as provided.
This bill, among other things, would also require the director to identify areas of the state as moderate and high fire hazard severity zones. The bill would modify the factors the director is required to use to identify areas into fire hazard severity zones, as provided. The bill would require a local agency to make this information available for public review and comment, as provided. By expanding the responsibility of a local agency, the bill would impose a statemandated local program.
This bill would also make conforming changes.
(2) Existing law requires a person who owns, leases, controls, operates, or maintains an occupied dwelling or structure in, upon, or adjoining a mountainous area, forest-covered land, brushcovered land, grass-covered land, or land that is covered with flammable material that is within a very high fire hazard severity zone, as designated by a local agency, or a building or structure in, upon, or adjoining those areas or lands within a state responsibility area, to maintain a defensible space of 100 feet from each side and from the front and rear of the structure, as specified. Existing law authorizes a greater distance than specified above on the specified land in a very high fire hazard severity zone. Existing law specifies that clearance beyond the property line may only be required if state law, local ordinance, rule, or regulation includes certain findings and specifies that clearance on adjacent property shall only be conducted following written consent by the adjacent landowner.
LRA Legislation Factsheet
Amended by Senate Bill No.63
Government Code 51178
The State Fire Marshal shall identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, and other relevant factors including areas where winds have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.
(Amended by Stats. 2021, Ch. 382, Sec. 2.5. (SB 63) Effective January 1, 2022.) Government Code 51178.5
Within 30 days after receiving a transmittal from the State Fire Marshal that identifies fire hazard severity zones pursuant to Section 51178, a local agency shall make the information available for public review and comment. The information shall be presented in a format that is understandable and accessible to the general public, including, but not limited to, maps. (Amended by Stats. 2021, Ch. 382, Sec. 3.5. (SB 63) Effective January 1, 2022.) LRA Legislation Factsheet
Assembly Bill No. 211
CHAPTER 574
An act to amend Sections 11891, 11893, 12581, 12996, 12998, 12999.4, and 12999.5 of, and to add Sections 12999.6 and 13001 to, the Food and Agricultural Code, to amend Section 51179 of the Government Code, to amend Sections 44274.10, 44274.11, 44274.12, 44274.13, and 44274.14 of the Health and Safety Code, to amend Sections 3113, 4799.05, 14503.5.1, 14538, 14549.2, 14581, 42052, and 42060 of, to add Sections 14537.5, 14548, 14555, and 21166.3 to, to add Part 5 (commencing with Section 75250) to Division 44 of, and to repeal Section 75250.1 of, the Public Resources Code, to amend Section 43152.6 of, and to amend and repeal Section 43152.10 of, the Revenue and Taxation Code, to amend Section 13198 of the Water Code, to amend the Budget Act of 2021 (Chapters 21, 69, and 240 of the Statutes of 2021) by amending Item 8570-002-0001 of Section
2.00 of that act, and to amend the Budget Act of 2021 (Chapter 44 of the Statutes of 2022) by amending Items 3540-101-0001 of Section 2.00 of that act, relating to public resources, and making an appropriation therefor, to take effect immediately, bill related to the budget. [Approved by Governor September 27, 2022. Filed with Secretary of State September 27, 2022.] AB 211, Committee on Budget. Public resources trailer bill. (2) Existing law requires the State Fire Marshal to identify areas of the state as moderate, high, and very high fire hazard severity zones based on specified criteria. Existing law requires a local agency to designate, by ordinance, very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal. Existing law authorizes a local agency, at its discretion, to include areas within the jurisdiction of the local agency, not identified as very high fire hazard severity zones by the State Fire Marshal, as very high fire hazard severity zones following a finding supported by substantial evidence, as provided.
This bill would additionally require a local agency to designate, by ordinance, moderate and high fire hazard severity zones within 120 days of receiving recommendations from the State Fire Marshal. By expanding the responsibility of a local agency, the bill would impose a statemandated local program. The bill would additionally authorize a local agency, at its discretion, to include areas within the jurisdiction of the local agency, not identified as moderate and high fire hazard severity zones by the State Fire Marshal, as moderate and high fire hazard severity zones, respectively. The bill would prohibit the local agency from decreasing the level of fire hazard severity zone as identified by the State Fire Marshal for any area within the jurisdiction of the local agency, as provided.
LRA Legislation Factsheet
Amended by Assembly Bill No. 211
Government Code 51179
(a) A local agency shall designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal pursuant to Section 51178.
(b) (1) A local agency may, at its discretion, include areas within the jurisdiction of the local agency, not identified as very high fire hazard severity zones by the State Fire Marshal, as very high fire hazard severity zones following a finding supported by substantial evidence in the record that the requirements of Section 51182 are necessary for effective fire protection within the area.
(2) A local agency may, at its discretion, include areas within the jurisdiction of the local agency, not identified as moderate and high fire hazard severity zones by the State Fire Marshal, as moderate and high fire hazard severity zones, respectively. (3) A local agency shall not decrease the level of fire hazard severity zone as identified by the State Fire Marshal for any area within the jurisdiction of the local agency, and, in exercising its discretion pursuant to paragraph (2), may only increase the level of fire hazard severity zone as identified by the State Fire Marshal for any area within the jurisdiction of the local agency.
(c) The local agency shall transmit a copy of an ordinance adopted pursuant to subdivision (a) to the State Board of Forestry and Fire Protection within 30 days of adoption. (d) Changes made by a local agency to the recommendations made by the State Fire Marshal shall be final and shall not be rebuttable by the State Fire Marshal. (e) The State Fire Marshal shall prepare and adopt a model ordinance that provides for the establishment of very high fire hazard severity zones.
(f) Any ordinance adopted by a local agency pursuant to this section that substantially conforms to the model ordinance of the State Fire Marshal shall be presumed to be in compliance with the requirements of this section.
(g) A local agency shall post a notice at the office of the county recorder, county assessor, and county planning agency identifying the location of the map provided by the State Fire Marshal pursuant to Section 51178. If the agency amends the map, pursuant to subdivision (b) or (c) of this section, the notice shall instead identify the location of the amended map. (Amended by Stats. 2022, Ch. 574, Sec. 10. (AB 211) Effective September 27, 2022.) LRA Legislation Factsheet
Increasing Fire Hazard Severity Zone (FHSZ)
Area and Designation
Government Code section 51179 requires a local agency to designate, by ordinance, moderate, high, and very high FHSZ within 120 days of receiving the identified FHSZ’s from the State Fire Marshal pursuant to Section 51178.
The law does not allow for a local jurisdiction to request changes or provide comments to the State Fire Marshal on the FHSZ designations. However, a local agency may choose to increase the designation of a FHSZ from the FHSZ identified by the State Fire Marshal, or designate areas as having a FHSZ that were not designated in a FHSZ by the State Fire Marshal. This may occur because FHSZ zone edges in the maps and data from the State Fire Marshal are not aligned with parcel boundaries or roads that some may consider for lines of convenance when adopting ordinances. A local agency is not allowed to reduce the designation of a FHSZ classification from the State Fire Marshal (i.e. a local agency cannot make an area designated as High by the State Fire Marshal, Moderate in its adopted ordinance).
However, a local jurisdiction can increase the designation from the one identified by the State Fire Marshal. If a local agency decides to increase the designation of a FHSZ, it may do so if it does the following:
1. If increasing the designation to Very High, a local agency must make a finding supported by substantial evidence in the record that the requirements of Government Code section 51182 are necessary for effective fire protection.
2. If increasing the designation to Moderate or High, a local agency may do this at its discretion.
If a local agency decides to include areas in its FHSZ adopted ordinance not identified as being in a FHSZ by the State Fire Marshal, it may include those areas if it does the following:
1. If including areas not identified as being in a FHSZ and designating it as Very High, a local agency must make a finding supported by substantial evidence in the record that the requirements of Government Code section 51182 are necessary for effective fire protection.
2. If including areas not identified as being in a FHSZ and designating it as Moderate or High, a local agency may do this at its discretion.
Item No. 18.
CITY COUNCIL AGENDA – JUNE 17, 2025
SUBJECT: Adoption of a Provisional Interim Budget for the First Quarter of Fiscal Year 2025-2026
SOURCE: City Manager's Office
COMMENT: At its meeting on May 20, 2025, the City Council approved an alternative schedule to the Fiscal Year 2025-2026 Budget Calendar. This revised approach allows for the continuation of the current Fiscal Year 2024-2025 budget through the first quarter of the new fiscal year, covering the period from July through September 2025. The purpose of this interim budget is to maintain legal compliance and ensure continuity of operations while staff works to prepare a more refined and strategic financial plan that incorporates updated labor cost projections, evolving program needs, and City Council priorities.
In accordance with Section 51 of the City Charter, the City Manager is required to submit revenue and expenditure estimates for the upcoming fiscal year no later than 30 days before the end of the current fiscal year. While the Charter requires the adoption of a general budget, it does not require that the budget cover the full fiscal year. This flexibility has been exercised during previous emergencies, including in 2020 during the COVID-19 pandemic and again in 2023 following the regional flood event. In both instances, the City adopted a provisional budget to ensure continued operations while a final budget was developed.
Similar conditions are present this year. The transition in city leadership, ongoing labor negotiations, and the need to align the budget with updated priorities have made it necessary to provide additional time for preparation.
This interim budget will allow payroll and essential expenditures to continue without interruption beginning July 1, 2025.
A final Fiscal Year 2025-2026 Budget will be presented to the City Council following a series of study sessions and opportunities for public engagement.
Adoption of the final budget is scheduled for September 2025.
RECOMMENDATION: That the City Council:
1. Conduct a public hearing to consider the adoption of a Item No. 18.
Provisional Interim City Budget for the period July 1, 2025, through September 30, 2025; and
2. Adopt the attached resolution approving the continuance of the Fiscal Year 2024-2025 budget through the first quarter of Fiscal Year 2025-2026.
ATTACHMENTS: 1. Staff Report - May 20, 2025
2. Staff Report - June 3, 2025
3. Draft Resolution Provisional Interim City Budget
Appropriated/Funded:
Review By:
Department Director:
Richard Tree, Interim City Manager
Final Approver: Richard Tree, Interim City Manager
Item No. 22.
CITY COUNCIL AGENDA – MAY 20, 2025
SUBJECT: Review of Adopted Budget Calendar for Fiscal Year 2025-2026 and Consideration of an Alternative Schedule
SOURCE: City Manager's Office
COMMENT: At its meeting of February 18, 2025, the City Council approved the Budget Calendar for Fiscal Year 2025-2026, which outlines key milestones for the preparation, review, and adoption of the City’s annual budget. In accordance with Section 51 of the City Charter, this schedule provides for submission of revenue and expenditure estimates not later than thirty days prior to the end of the fiscal year, with the preliminary budget presented to the Council on June 3, 2025, and final adoption scheduled for June 17, 2025.
While Section 51 requires the adoption of a general budget, it does not specify the duration of the adoption period. Accordingly, and consistent with past Council practice and interpretation, the Council may authorize a budget covering less than the full fiscal year. This approach has been used in two recent cases: in 2020 during the onset of the COVID-19 pandemic, and in 2023 following the significant local flood event. In both instances, the City adopted a provisional interim budget to allow operations to continue while the full-year budget was finalized.
Given current operational demands, including the transition in the City Manager position, active labor negotiations, and evolving program needs, staff is proposing for Council’s consideration a continuance of the Fiscal Year 2024-2025 budget for the first quarter of Fiscal Year 2025- 2026. This continuation would provide stability and legal compliance while allowing additional time to complete a refined and strategic financial plan. The interim budget will ensure continuity of operations while staff incorporates updated labor projections and Council priorities.
The proposed schedule is designed to support a transparent, participatory, and collaborative budget development process. It includes multiple opportunities for Council discussion, public engagement, and iterative review, leading to adoption of a final budget that aligns with long-term fiscal goals and community needs.
Should the Council wish to consider an alternative approach, staff is proposing the following modified schedule:
Item No. 22.
• June 3, 2025: Consideration of Proposed Fiscal Year 2025-2026 Budget Process and Setting of Date for Public Hearing.
• June 17, 2025: Public hearing to consider the adoption of a continuance of the Fiscal Year 2024-2025 budget for the first quarter of Fiscal Year 2025-2026 (July through September). • June 24, 2025: Special City Council meeting to conduct a Budget Study Session of the draft Fiscal Year 2025-2026 budget. • July 22, 2025: Special City Council meeting to consider and determine Council's Priority Projects for Fiscal Year 2025-2026. • September 2, 2025: Consideration of Proposed Fiscal Year 2025-2026 Budget and Setting of Date for Public Hearing. • September 16, 2025: Public hearing for the formal adoption of the final Fiscal Year 2025-2026 budget.
This alternative schedule supports a transparent, collaborative, and responsive budget process. It allows for extended Council engagement, additional staff analysis, and public input while ensuring legal compliance and continuity of services.
RECOMMENDATION: That the City Council:
1. Confirm the proposed Budget Calendar for Fiscal Year 2025-2026 as approved at the February 18, 2025, City
Council meeting; or
2. Consider and approve an alternative budget schedule as presented by staff, based on current operational needs and organizational conditions.
ATTACHMENTS: 1. Staff Report - February 18, 2025
2. Fiscal Year 2025-2026 Budget Calendar
Appropriated/Funded:
Review By:
Department Director:
Richard Tree, Acting City Manager
Final Approver: Richard Tree, Acting City Manager
Item No. 10.
CITY COUNCIL AGENDA – JUNE 3, 2025
SUBJECT: Consideration to Set a Public Hearing for the Adoption of a Continuance of the Fiscal Year 2024-2025 Budget for the First Quarter of Fiscal Year 2025-2026 SOURCE: City Manager's Office
COMMENT: At its regular meeting of May 20, 2025, the City Council approved an alternative schedule to the initially adopted Budget Calendar for Fiscal Year 2025-2026. The revised approach allows for a continuation of the Fiscal Year 2024-2025 budget for the first quarter of Fiscal Year 2025-2026 (July through September), providing legal compliance and operational continuity while staff prepare a refined financial plan that incorporates updated labor cost projections, evolving program needs, and City Council priorities.
The purpose of this staff report is to request that the City Council set a public hearing for June 17, 2025, at which the Council will consider the adoption of a continuance of the current fiscal year budget for the first quarter of the new fiscal year.
RECOMMENDATION: That the City Council set a public hearing for June 17, 2025, to consider the adoption of a continuance of the Fiscal Year 2024- 2025 budget for the first quarter of Fiscal Year 2025-2026.
ATTACHMENTS: 1. Staff Report - May 20, 2025
Appropriated/Funded:
Review By:
Department Director:
Richard Tree, Interim City Manager
Final Approver: Richard Tree, Interim City Manager
RESOLUTION NO. ______-2025
A RESOLUTION OF THE CITY OF COUNCIL OF THE CITY
OF PORTERVILLE ADOPTING THE PROVISIONAL INTERIM CITY BUDGET FOR THE PERIOD OF JULY 1, 2025 THROUGH SEPTEMBER 30, 2025
WHEREAS: The City Charter of the City of Porterville, provides that the City Manager submit an estimate of the expenditures and revenues of the city departments for the ensuing fiscal year not later than 30 days before the end of the City’s current fiscal year; and WHEREAS: The City has experienced challenges in operational demands, including the transition in the City Manager position, active labor negotiations, and evolving program needs; and
WHEREAS: All spending authority from the current fiscal year 2024-2025 budget expires after June 30, 2025 and a new budget must be adopted which allows payroll to be paid and routine expenditures to be incurred effective July 1, 2025.
NOW, THEREFORE, BE IT RESOLVED:
1. That the City Council of the City of Porterville adopt a provisional interim City Budget with the continuance of the Fiscal Year 2024-2025 City Budget for the period July 1, 2025 to September 30, 2025.
2. That the City Council conduct a public hearing and adopt a refined Fiscal Year 2025 - 2026 City Budget on September 19, 2025.
PASSED, APPROVED AND ADOPTED this 17th day of June 2025.
Greg Meister, Mayor
ATTEST:
Richard Tree, Interim City Clerk
By:
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
Item No. 19.
CITY COUNCIL AGENDA – JUNE 17, 2025
SUBJECT: Environmental Document Procurement Process
SOURCE: Community Development
COMMENT: Public Resources Code Section 21082.1, subdivision (a) states, “A draft environmental impact report, environmental impact report, negative declaration, or mitigated negative declaration prepared pursuant to this division [i.e., Division 13 of the California Public Resources Code, or the “California Environmental Quality Act”] shall be prepared directly by, under contract to, a public agency.” State CEQA Guidelines Section 15084, subdivision (d) states, “The lead agency may choose one of the following arrangements or a combination of them for preparing a draft EIR:
1. Preparing the draft EIR directly with its own staff.
2. Contracting with another entity, public or private, to prepare the draft EIR.
3. Accepting a draft prepared by the applicant, a consultant retained by the applicant, or any other person.
4. Executing a third-party contract or memorandum of understanding with the applicant to govern the preparation of a draft EIR by an independent contractor.
5. Using a previously prepared EIR.
Note that under Guidelines Section 15063, subdivision (a), paragraph (4), the above options also apply to preparation of an initial study (with a presumed negative declaration or mitigated negative declaration to result).
Accordingly, while CEQA prefers that a lead agency prepares or contracts for the preparation of documents, the Guidelines offer alternatives.
Ultimately, the City as lead agency is responsible for ensuring the content and adequacy of any CEQA document it adopts or certifies.
Council may direct staff to modify the existing procedures as they relate to private development, public projects, both, or neither. Alternatives could include:
1. Maintaining the existing process. This is a known quantity, as the City has Item No. 19.
been utilizing this process since at least 2013 for both private developments and City projects. The City maintains a list of qualified consultants and enters into a contract with each for a specified term. During the term, the City issues task orders and responsive proposals are provided to applicants for consideration. The City works directly with the selected consultant and coordinates all activities. The City reviews the administrative draft document and provides comments to the consultant. Following revisions, the City provides the document to the applicant for review. The City conveys any appropriate comments from the applicant to the consultant.
2. Allowing applicants to contract directly with consultants chosen from a list provided by the City. Under this scenario, the City maintains a list of qualified consultants, but they are not under contract with the City.
Applicants may solicit proposals from one or more of the consultants and enter into a contract as appropriate. The consultant prepares an administrative draft document, which the applicant reviews. The consultant revises the document accordingly and provides a draft to the City for its review. The City provides comments and revisions are made.
3. Allowing applicants to contract with consultants of their choice. Similar to No. 2 above, but the City has no say in what consultants are used. This can result in delays and cost overruns to the applicant if the selected consultant is not qualified to perform the necessary services.
4. Allowing applicants to select a consultant of their choice, but requiring the consultant to contract with the City. This provides applicants flexibility in selecting a consultant, but the City maintains the position of coordinating all activities of document preparation and revision.
5. Preparing documents internally using City staff, with consultants assisting as needed. This would likely be the least expensive alternative for applicants provided that the City has the staff resources to prepare documents. Small planning departments generally do not have the depth or breadth of experience with environmental planning to make this option feasible.
None of the above descriptions account for procedures outside of document preparation and revision. Other activities such as public noticing, meeting coordination, stakeholder involvement, correspondence and interaction with public agencies outside the City, filing of documents with the County Clerk and the State Clearinghouse, and related tasks would need to be accounted for in any new policy that is developed. Regardless of whether the City or the applicant holds the contract with the CEQA consultant, City staff and/or City consultant time will still be necessary to ensure that the documents produced are adequate and meet the City’s specific needs. Accordingly, the City should still maintain a fee—fixed, percentage, hourly, or other—to account for internal review of the Item No. 19.
documents produced, with the authority to levy the fee vested with the Community Development Director, consistent with current practice.
Because there is no uniform set of circumstances surrounding any project, project applicant, or consultant, there is no definitive measure by which the City can predict whether changing the procedure would result in savings of cost or time. If applicants are allowed to contract directly with consultants or provide their own CEQA documents, the City will be less involved in the initial development of documents, or not involved at all, possibly resulting in more need for revisions. Regardless, the City will have the same amount of control and involvement on the back end of the review process prior to adoption/certification of the documents.
If any changes are desired, staff will return to Council with a draft ordinance amending the current policy for consideration at a noticed public hearing.
BACKGROUND: The California Environmental Quality Act (CEQA; Public Resources Code Section 15000, et seq.) and the State CEQA Guidelines (California Code of Regulations Section 21000, et seq.) require the City and all lead agencies to establish implementation procedures. In addition to other procedures and practices contained in the Porterville Municipal Code, Ordinance 1801 was adopted on December 3, 2013, creating Development Ordinance Section 611.04 and establishing the City’s current policy for contracting for the preparation of CEQA documents by consultants. Pursuant to this section, the City maintains a list of qualified CEQA consultants. These consultants generally sign a three-year contract with the City, and the City has the option to extend the contracts for an additional year. For both public and private projects that are not otherwise exempt from review under CEQA, the City will issue a request for proposals (referred to as a task order) to the consultants to solicit scopes of work and fees for the needed services. The City is responsible for ensuring that the proposed scopes of work are comparable, if not identical, as there may be multiple paths to the same result. For private development projects, the project proponent may select the consultant of its choice from among the proposals submitted based on the scope and fee—the specific consultants are not known to the developer until after the selection is made. The proponent deposits the required fee with the City along with a contingency fee and the consultant is paid from that deposit. For the most part, activity is coordinated by and through the City, including interactions between the CEQA consultant and the developer.
Staff has received a request from a developer to modify the process for selecting and contracting with CEQA consultants. The specific request is that developers be allowed to assist in preparing CEQA documents and/or contract directly with the City’s approved consultants to expedite the process and lower costs.
Item No. 19.
ANALYSIS:
ENVIRONMENTAL
REVIEW:
RECOMMENDATION: That the City Council:
1. Provide staff direction regarding any modification to Development Ordinance Section 611.04 related to
environmental consultant contracting.
ATTACHMENTS: 1. Ord.1801_Dev Ord Amendment
Appropriated/Funded:
Review By:
Department Director:
Claudia Calderon, Community Development Director
Final Approver: Richard Tree, Interim City Manager
1 Series 100: Introductory Provisions
Chapter 100 Title, Components, and Purposes
Sections:
100.01 Title and Authority
100.02 Purpose
100.03 Structure of Zoning Regulations
100.04 General Rules for Applicability of Zoning Regulations 100.05 Consistency with the General Plan
100.06 Effect on Previously Approved Projects and Projects in Progress 100.07 Severability
100.08 Fees
100.01 Title and Authority
Chapter 21 of the Porterville City Code shall be known and cited as the "Porterville Development Ordinance," “Development Ordinance of the City of Porterville,” “Development Ordinance,” or “Ordinance.”
The Porterville Development Ordinance is adopted pursuant to the authority contained in Section 65850 of the California Government Code. In addition, the provisions of this Ordinance relating to the regulation and control of subdivisions are adopted pursuant to the authority contained in Title 7, Division 2 of the California Government Code, commencing with Section 66410, hereinafter referred to as the “Subdivision Map Act,” as may be amended from time to time.
100.02 Purpose
The purpose of this Ordinance is to implement the City’s General Plan and to protect and promote the public health, safety, peace, comfort, convenience, prosperity and general welfare. More specifically, the Ordinance is adopted to achieve the following objectives:
(a) To provide a precise guide for the physical development of the City in a manner as to progressively achieve the arrangement of land uses depicted in the Porterville General Plan, consistent with the goals and policies of the General Plan. (b) To foster a harmonious, convenient and workable relationship among land uses and ensure compatible infill development, consistent with the General Plan. (c) To support economic development and job creation.
(d) To provide for the housing needs of all economic segments of the community.
Porterville Development Ordinance
2 (e) To promote high quality architecture and design, consistent with the General Plan. (f) To promote the stability of existing land uses that conform with the General Plan, protecting them from incompatible development.
(g) To promote a safe and efficient traffic circulation system, foster the provision of adequate off-street parking and off-street loading facilities, bicycle facilities and pedestrian amenities, and support a multi-modal transportation system. (h) To facilitate the appropriate location of community facilities, institutions, parks, and other recreational areas.
(i) To protect and enhance real property values.
(j) To safeguard and enhance the appearance of the City. (k) To define duties and powers of administrative bodies and officers responsible for implementation of the Ordinance.
100.03 Structure of Zoning Regulations
(a) Organization of Regulations. This Ordinance consists of seven Series:
100 Series: Introductory Provisions
200 Series: Base Districts
300 Series: Additional Use and Development Regulations
400 Series: Land Divisions
500 Series: Overlay Districts
600 Series: Administration and Permits
700 Series: General Terms
(b) Types of Regulations. Four (4) types of zoning regulations control the use and development of property:
(1) Land Use Regulations. These regulations specify land uses permitted, conditionally permitted or specifically prohibited in each zoning district, and include special requirements, if any, applicable to specific uses. Land use regulations for base zoning districts are in the 200 Series of this Ordinance and in the 500 Series for overlay district regulations. Certain regulations, applicable in some or all of the districts, and performance standards which govern special uses, are in the 300 Series.
(2) Development Regulations. These regulations control the height, bulk, location and appearance of structures on development sites. Development regulations for base zoning districts are in the 200 Series of this Ordinance.
The regulations for overlay districts, are in the 500 Series. Certain development regulations, applicable to some or all districts, are in the 300 Series. These include regulations for specific uses, development and site Series 100: Introductory Provisions
3 regulations, performance standards, parking, sign, antennas and wireless communications and nonconforming uses.
(3) Subdivision Regulations. These regulations control the division of land and specify the design, improvement, and survey data of subdivisions as well as the procedures to be followed to secure final approval for subdivision maps.
Subdivision regulations are in the 400 Series of this Ordinance. (4) Administrative Regulations. These regulations contain detailed procedures for the administration of this Ordinance, and include common procedures, processes and standards for discretionary entitlement applications and other permits. Administrative regulations are in the 600 Series. (5) General Terms and Use Classifications. The 700 Series provides a list of use classifications and a list of terms and definitions used in the Ordinance. 100.04 General Rules for Applicability of Zoning Regulations (a) Applicability to Property. This Ordinance shall apply, to the extent permitted by law, to all property within the corporate limits of the City of Porterville and to property for which applications for annexation and/or subdivisions have been submitted to the City of Porterville, including all uses, structures and land owned by any private person, firm, corporation or organization, or the City of Porterville or other local, State or federal agencies. Any governmental agency shall be exempt from the provisions of this Ordinance only to the extent that such property may not be lawfully regulated by the City of Porterville.
(b) Compliance with Regulations. No land shall be used, and no structure shall be constructed, occupied, enlarged, altered, demolished or moved in any zoning district, except in accordance with the provisions of this Ordinance. (c) Relation to Other Regulations
(1) General. The regulations of this Ordinance and requirements or conditions imposed pursuant to this Ordinance shall not supersede any other regulations or requirements adopted or imposed by the Porterville City Council, the State of California, or any federal agency that has jurisdiction by law over uses and development authorized by this Ordinance. All uses and development authorized by this Ordinance shall comply with all other such regulations and requirements. Where conflict occurs between the provisions of the Ordinance and any other city Ordinance, chapter, resolution, guideline or regulation, the more restrictive provisions shall control, unless otherwise specified. Where conflicts occurs between the chapters of this Ordinance, the specific shall supersede the general provision. In the case of any remaining uncertainty, the Zoning Administrator shall make a determination to resolve the conflict.
(2) Permit Streamlining Act. It is the intent of this Ordinance that all actions taken by the decision-making body pursuant to this Ordinance that are solely adjudicatory in nature be within a time frame consistent with the provisions of Government Ordinance Section 65920 et. seq. (the Permit Streamlining Porterville Development Ordinance
4 Act). Nothing in this Ordinance shall be interpreted as imposing time limits on actions taken by the decision-making body pursuant to this Ordinance that are legislative in nature or that require both adjudicatory and legislative judgments.
(d) Relation to Private Agreements. This Ordinance shall not interfere with or annul any recorded easement, covenant, or other agreement now in effect, provided that where this Ordinance imposes greater restriction than imposed by an easement, covenant, or agreement, this Ordinance shall control.
(e) Relation to Prior Ordinance. The provisions of this Ordinance supersede all prior Ordinances and any amendments of the City of Porterville. No provision of this Ordinance shall validate any land use or structure established, constructed or maintained in violation of the prior Ordinance, unless such validation is specifically authorized by this Ordinance and is in conformance with all other regulations. (f) Application During Local Emergency. The City Council may authorize a deviation from a provision of this Ordinance during a local emergency declared and ratified under the Porterville Municipal Code. The City Council may authorize a deviation by resolution without notice or public hearing. 100.05 Consistency with the General Plan
Any permit, license or approval issued pursuant to this Ordinance must be consistent with the Porterville General Plan and all applicable specific plans. In any case where there is a conflict between this Ordinance and the General Plan, the General Plan shall prevail. 100.06 Effect on Previously Approved Projects and Projects in Progress The City Council shall adopt, by resolution, policies that detail the transitional implementation of this Ordinance for previously approved projects and projects in progress. All other projects must comply with this Ordinance. 100.07 Severability
If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Porterville City Council hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause and phrase thereof, regardless of the fact that any or one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
100.08 Fees
The City Council shall establish by resolution, and may amend and revise from time to time, fees for processing the discretionary entitlement applications and other permits authorized or required by this Ordinance. All fees shall be paid at the time an application is filed, and no processing shall commence until the fees are paid in full.
Series 100: Introductory Provisions
5 Chapter 101 Zoning Districts, Zoning Map, and Boundaries Sections:
101.01 Districts Established
101.02 Official Zoning Map and District Boundaries
101.01 Districts Established
The City shall be classified into districts or zones, the designation and regulation of which are set forth in this Ordinance and as follows.
(a) Base Zoning Districts. Base zoning districts into which the City is divided are established as follows:
Short Name/ Map Symbol Full Name
Agriculture/Rural/Conservation Districts
AC Agricultural/Conservation
RR Rural Residential
Residential Districts
RS-1 Very Low Density Residential
RS-2 Low Density Residential
RM-1 Low-Medium Density Residential
RM-2 Medium Density Residential
RM-3 High Density Residential
Downtown Districts
DR-N Downtown Retail – North of Olive Avenue
DR-S Downtown Retail – South of Olive Avenue
DR-D Downtown Retail – D Street Corridor
D-MX Downtown Mixed-Use
D-CG Downtown General Commercial
D-PO Downtown Professional Office
D-PS Downtown Public and Semi-Public
DRM-2 Downtown Medium Density Residential
DRM-3 Downtown High Density Residential
Commercial Districts
CN Neighborhood Commercial
CR Retail Centers
CG General and Service Commercial
CMX Commercial Mixed-Use
Porterville Development Ordinance
6 Short Name/ Map Symbol Full Name
Employment Districts
PO Professional Office
IP Industrial Park
IG General Industrial
IA Airport Industrial
Public and Open Space Districts
PS Public and Semi-Public
PK Parks and Public Recreation Facilities
REC Commercial Recreation
Other Base Districts
RN Residential Neighborhood
PD Planned Development
(b) Overlay Zoning Districts. Overlay zoning districts, one or more of which may be combined with a base district, are established as follows:
Short Name/ Map Symbol Full Name
AE Airport Environs
HZ Hillside Development Zone
S Single Story
(c) References to Classes of Base Districts. Throughout the Ordinance, the following references apply:
(1) “R district” or “residential district” means one or more of the following districts: RS-1 Very Low Density Residential, RS-2 Low Density Residential, Low-Medium Density Residential RM-1, Medium Density Residential RM-2, and High Density RM-3.
(2) “D district” or “downtown district” means one or more of the following districts: DR-N Downtown Retail – North of Olive Avenue, DR-S Downtown Retail – South of Olive Avenue, DR-D Downtown Retail – D Street Corridor, D-MX Downtown Mixed-Use, D-PO Downtown Professional Office, D-CG Downtown General and Service Commercial, DPS Downtown Public and Semi Public, DRM-2 Downtown Medium Density Residential, and DRM-3 Downtown High Density Residential. (3) “C district” or “commercial district” means one or more of the following districts: CN Neighborhood Commercial, CR Retail Centers, CG General and Service Commercial, and CMX Commercial Mixed-Use.
(4) “E district” or “employment district” means one or more of the following:
PO Professional Office, IP Industrial Park, IG General Industrial, and IA Airport Industrial.
Series 100: Introductory Provisions
7 101.02 Official Zoning Map and District Boundaries
The boundaries of the zoning districts established by this Ordinance are not included in this Ordinance but are shown on the Official Zoning Map maintained by the Community Development Department. The Official Zoning Map, together with all legends, symbols, notations, references, zoning district boundaries, map symbols, and other information on the maps, have been adopted by the Council and are hereby incorporated into this Ordinance by reference, together with any amendments previously or hereafter adopted, as though they were fully included here.
(a) Application of Pre-Annexation Zoning. The City may apply pre-annexation zoning to unincorporated property located within the Planning Area Boundary consistent with the Porterville General Plan. The pre-annexation zoning process shall comply with the provisions of Chapter 608, Amendments to Zoning Map and Text. The zoning provisions and requirements so established shall become applicable at the same time that the annexation of such territory becomes effective. (b) Uncertainty of Boundaries. If uncertainty exists as to the boundaries of any district shown on the Official Zoning Map, the following rules shall apply:
(1) Boundaries indicated as approximately following the centerlines of alleys, streets, highways, streams or railroads shall be construed to follow such centerlines.
(2) Boundaries indicated as approximately following lot lines, city limits, or extraterritorial boundary lines shall be construed as following such lines, limits or boundaries.
(3) In the case of unsubdivided property or where a district boundary divides a lot and no dimensions are indicated, the following shall apply. a. Lots Greater than One Acre. The location of such boundary shall be determined by the use of the scale appearing on the Official Zoning Map.
b. Lots Less than One Acre. The lot shall be deemed to be included within the zone which is the more restrictive.
(4) In the case of any remaining uncertainty, the Zoning Administrator shall determine the location of boundaries.
(5) Where any public street or alley is officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment.
(6) Where any private right-of-way or easement of any railroad, railway, transportation or public utility company is vacated or abandoned and said property is unclassified, said property shall be automatically classified as being in the Public and Semi-Public (PS) District.
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Series 100: Introductory Provisions
9 Chapter 102 Rules for Construction of Language
Sections:
102.01 Purpose
102.02 Rules for Construction of Language
102.03 Rules of Interpretation
102.01 Purpose
The purpose of this chapter is to provide precision in the interpretation of the zoning regulations. The meaning and construction of words and phrases defined in this chapter apply throughout the Ordinance, except where the context indicates a different meaning. 102.02 Rules for Construction of Language
In interpreting the various provisions of the Ordinance, the following rules of construction shall apply:
(a) The particular controls the general.
(b) Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:
(1) “And” indicates that all connected words or provisions shall apply. (2) “And/or” indicates that the connected words or provisions may apply singly or in any combination.
(3) “Or” indicates that the connected words or provisions may apply singly or in any combination.
(4) “Either . . . or” indicates that the connected words or provisions shall apply singly but not in combination.
(c) In case of conflict between the text and a diagram or graphic, the text controls. (d) All references to departments, committees, commissions, boards, or other public agencies are to those of the City of Porterville, unless otherwise indicated. (e) All references to public officials are to those of the City of Porterville, and include designated deputies of such officials, unless otherwise indicated. (f) All references to days are to calendar days, unless otherwise indicated. If a deadline falls on a weekend or holiday, or a day when the City offices are closed, it shall be extended to the next working day. The end of a time period shall be the close of business on the last day of the period.
(g) The words “shall,” “will,” “must” and “is to" are always mandatory and not discretionary. The words "should" or "may" are permissive. (h) The present tense includes the past and future tenses, and the future tense includes the past.
Porterville Development Ordinance
10 (i) The singular number includes the plural, and the plural, the singular. (j) Words used in the masculine gender include the feminine and the feminine the masculine.
(k) Sections and section headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any section. 102.03 Rules of Interpretation
The Zoning Administrator shall make the interpretation for any definition not expressly identified in this section or provide clarification and determination of these rules.
Series 100: Introductory Provisions
11 Chapter 103 Rules of Measurement
Sections:
103.01 Purpose
103.02 General Provisions
103.03 Fractions
103.04 Measuring Distances
103.05 Measuring Height
103.06 Measuring Lot Width and Depth
103.07 Determining Average Slope
103.08 Determining Floor Area
103.09 Determining Floor Area Ratio
103.10 Determining Lot Coverage
103.11 Determining Lot Frontage
103.12 Determining Setbacks (Yards)
103.13 Measuring Signs
103.01 Purpose
The purpose of this chapter is to explain how various measurements referred to in this Ordinance are to be calculated.
103.02 General Provisions
For all calculations, the applicant shall be responsible for supplying drawings illustrating the measurements that apply to a project. These drawings shall be drawn to scale and of sufficient detail to allow easy verification upon inspection by the Zoning Administrator. 103.03 Fractions
Whenever this Ordinance requires consideration of distances, parking spaces, dwelling units or other aspects of development or the physical environment expressed in numerical quantities, and the result of a calculation contains a fraction of a whole number, the results will be rounded as follows:
(a) General Rounding. Fractions of one-half (0.5) or greater shall be rounded up to the nearest whole number and fractions of less than one-half (0.5) shall be rounded down to the nearest whole number, except as otherwise provided. (b) Exception for State Affordable Housing Density Bonus. For projects eligible for bonus density pursuant to Government Ordinance Section 65915 or any successor statute, and Chapter 302, Affordable Housing Density Bonus and Other Incentives, any fractional number of permitted bonus density units shall be rounded up to the next whole number.
Porterville Development Ordinance
12 103.04 Measuring Distances
(a) Measurements are Shortest Distance. When measuring a required distance, such as the minimum distance between a structure and a lot line, the measurement is made at the closest or shortest distance between the two objects. (b) Distances are Measured Horizontally. When determining distances for setbacks and structure dimensions, all distances are measured along a horizontal plane from the appropriate line, edge of building, structure, storage area, parking area, or other object. These distances are not measured by following the topography or slope of the land.
(c) Measurements Involving a Structure. Measurements involving a structure are made to the outside edge of the foundation for the closest support wall of the structure. Structures or portions of structures that are entirely underground are not included in measuring required distances.
(d) Measurement of Vehicle Stacking or Travel Areas. Measurement of a minimum travel distance for vehicles, such as garage entrance setbacks and stacking lane distances, are measured down the center of the vehicle travel area. For example, curving driveways and travel lanes are measured along the center arc of the driveway or traffic lane.
(e) Measuring Radius. When a specified land use is required to be located a minimum distance from another land use, the minimum distance is measured in a straight line from all points along the lot line of the subject project.
FIGURE 103.04: MEASURING DISTANCES
103.05 Measuring Height
(a) Measuring Building Height. Building height is measured from the average level of the highest and lowest point of that portion of the lot covered by the building to the highest point of the roof ride, or parapet wall.
(b) Measuring Height of Other Structures. The height of other structures, such as fences, is the vertical distance from the ground level immediately under the structure to the top of the structure. Special measurement provisions are also provided below.
Series 100: Introductory Provisions
13 (1) Measuring the Height of Fences on Retaining Walls. The height of a fence that is on top of a retaining wall is measured from the ground level on the highest side of the fence and wall.
(2) Measuring the Height of Decks. Deck height is determined by measuring from the ground to the top of the floor of the deck.
FIGURE 103.05: MEASURING HEIGHT
103.06 Measuring Lot Width and Depth
(a) Lot Width. Lot width is the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.
(b) Lot Depth. Lot depth is measured along an imaginary straight line drawn from the midpoint of the front property line of the lot to the midpoint of the rear property line or to the most distant point on any other lot line where there is no rear lot line.
Porterville Development Ordinance
14 FIGURE 103.06: MEASURING LOT WIDTH AND DEPTH
103.07 Determining Average Slope
The average slope of a parcel is calculated using the following formula: S = 100(I)(L)/A, where:
(a) S = Average slope (in percent)
(b) I = Contour interval (in feet)
(c) L = Total length of all contour lines on the parcel (in feet) (d) A = Area of subject parcel (in square feet)
103.08 Determining Floor Area
Floor area is the horizontal area (usually expressed in square feet) of all floors included within a building or buildings, according to the following rules:
(a) Included in Floor Area. Floor area is deemed to include:
(1) The floor of atrium and lobby areas;
(2) Storage and equipment spaces that are roofed and enclosed on all sides; (3) Enclosed and roofed halls, stairways, and elevator shafts; (4) Enclosed and roofed porches and balconies;
Series 100: Introductory Provisions
15 (5) Portions of basements and attics that meet Building Code height requirements for habitable space; and
(6) The actual floor space of mezzanines, interior balconies, lofts, closets and all habitable rooms.
(b) Excluded from Floor Area. Floor area does not include:
(1) Garages, carports or other areas used for parking and loading, or vehicular access to parking and loading spaces;
(2) Unenclosed exterior balconies, decks, porches and stairs; and (3) Substandard height portions of attics and basements not used as habitable space (per Building Code).
103.09 Determining Floor Area Ratio
Floor Area Ratio (FAR) is the ratio of the floor area of all principal and accessory buildings on a lot to the lot area. To calculate FAR, floor area is divided by lot area, and typically expressed as a decimal. For example, if the floor area of all buildings on a lot totals twenty thousand (20,000) square feet, and the lot area is ten thousand (10,000) square feet, the FAR is expressed as 2.0.
FIGURE 103.09: DETERMINING FLOOR AREA RATIO
103.10 Determining Lot Coverage
Lot coverage is the ratio of the total footprint area of all structures on a lot to the net lot area, typically expressed as a percentage. The footprints of all principal and accessory structures, including garages, carports, covered patios, and roofed porches, shall be summed in order to calculate lot coverage. The following structures shall be excluded from the calculation:
Porterville Development Ordinance
16 (a) Unenclosed and unroofed decks, uncovered patio slab, porches, landings, balconies and stairways less than six (6) feet in height;
(b) Eaves and roof overhangs projecting up to two-and-a-half feet from a wall; (c) Trellises and similar structures that do not have solid roofs; (d) Swimming pools and hot tubs that are not enclosed in roofed structures or decks; and
(e) One small, non-habitable accessory structure under one hundred twenty (120) square feet. Structures above quantity of one shall be included in lot coverage.
FIGURE 103.10: DETERMINING LOT COVERAGE
103.11 Determining Lot Frontage
(a) Corner Lot. The front of a lot is the narrowest dimension of the lot with street frontage.
(b) Through Lot (Double Frontage Lot). The front yard borders the street primarily used as frontage by neighboring lots.
103.12 Determining Setbacks (Yards)
A setback line defining a required yard is parallel to and at the specified distance from the corresponding front, side, or rear property line. The following special regulations for determining yards apply when a lot abuts a proposed street or alley. (a) Yards Abutting Planned Street Expansions. If a property abuts an existing or proposed street for which the existing right-of-way is narrower than the right-ofway ultimately required for the street, the required setback shall be established from the future right-of-way rather that the property line.
Series 100: Introductory Provisions
17 (b) Yards on Alleys
(1) If a side lot line abuts an alley, the yard shall be considered an interior side yard rather than a corner side yard.
(2) In computing the minimum yard for any lot where such yard abuts an alley, no part of the width of the alley may be considered as part of the required yard.
FIGURE 103.12: DETERMINING SETBACKS
103.13 Measuring Signs
The height of signs is measured in the same method as the height of other structures (See Subsection 103.05(b), Measuring Height of Other Structures). Calculation of sign area is described in Chapter 305, Signs.
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18 This page intentionally left blank.
19 Series 200: Base Districts
Chapter 200 Agriculture/Rural/Conservation Districts
Sections:
200.01 Purpose
200.02 Land Use Regulations
200.03 Development Regulations
200.01 Purpose
The specific purpose of the “Agricultural/Rural/Conservation” Districts is to preserve agricultural and resource conservation areas while providing opportunities for rural living.
Additional purposes of each “Agriculture/Rural/Conservation” District:
AC Agricultural/Conservation. To preserve agricultural and resource conservation areas.
Incidental residential uses with septic systems are allowed. Industrial gravel and aggregate mining are allowed in areas classified by the State as Mineral Resource Zones. Clustered development is encouraged.
RR Rural Residential. To provide opportunities for rural living on 2.5 acre or larger lots.
This district serves as a transition between agriculture/open space and more intensive urban uses and helps define the limits of urban development. Clustered development is encouraged, and smaller lots may be allowed, provided that the overall density does not exceed 0.2 units per acre, with lower limits applying in the Hillside Development Zone. 200.02 Land Use Regulations
Table 200.02 below prescribes the land use regulations for “Agricultural/Rural/ Conservation” Districts. The regulations for each district are established by letter designations as follows:
“P” designates permitted uses.
“C” designates use classifications that are permitted after review and approval of a Conditional Use Permit by the City Council.
“M” designates use classifications that are permitted after review and approval of a Minor Conditional Use Permit by the City Council.
“(#)” numbers in parentheses refer to specific limitations listed at the end of the table. “-” designates uses that are not permitted.
Porterville Development Ordinance
20 Use classifications are defined in Chapter 701, Use Classifications. In cases where a specific land use or activity is not defined, the Zoning Administrator shall assign the land use or activity to a classification that is substantially similar in character. Use classifications and subclassifications not listed in the table or not found to be substantially similar to the uses below are prohibited. The table also notes additional use regulations that apply to various uses. Section numbers in the right hand column refer to other sections of this Ordinance.
TABLE 200.02: LAND USE REGULATIONS—AGRICULTURE/RURAL/CONSERVATION
DISTRICTS
Use Classification AC RR Additional Regulations
Residential Uses
Single Family Dwelling See subclassifications below
Detached P P
Family Day Care Home See subclassifications below
Small P P
Large P P Section 301.07 Family Day Care Home, Large
Group Residential - P(1)
Residential Care Facilities,
Limited
P P
Public and Semi-Public Uses
Religious Facilities - C
Commercial Uses
Animal Care, Sales and Services See subclassifications below Kennels M M
Veterinary Services, Large C C
Transportation, Communication, and Utilities Uses
Communication Facilities See subclassifications below
Antenna and Transmission
Towers, camouflage facilities
P P Section 301.20 Telecommunication Facilities
Antenna and Transmission
Towers, non-camouflage
facilities
M M Section 301.20 Telecommunication Facilities
Utilities, Minor P P
Agricultural and Extractive Uses
Animal Raising P P(2)
Crop Cultivation, Commercial P P Section 301.06 Crop Cultivation Series 200: Base Districts
21 TABLE 200.02: LAND USE REGULATIONS—AGRICULTURE/RURAL/CONSERVATION
DISTRICTS
Use Classification AC RR Additional Regulations
Crop Cultivation, Noncommercial P P
Mining and Quarrying C(3) -
Other Applicable Types
Accessory Uses and Structures P P Section 301.01 Accessory Uses and Structures
Animal Keeping P P Section 301.03 Animal Keeping
Caretaker Unit P(4) -
Home Occupations P P Section 301.09 Home Occupations
Second Dwelling Unit P P Section 301.16 Second Dwelling Units Nonconforming Use Chapter 307 Nonconforming Uses, Structures, and Lots Temporary Use Section 301.21 Temporary Uses
Specific Limitations:
1. Limited to no more than two rooms in a dwelling rented to not more than a total of four persons and meals are not provided to more than four boarders.
2. Limited to 4-H and FFA projects, recognized youth organizations, school projects, and other similar projects when conducted in compliance with the public health and animal laws of the City and to the keeping of bovine animals, horses and other equine animals, sheep and goats on lots 20,000 sq ft or more. The shelter for such animals shall not be closer than 50 feet to any residences.
3. In areas designated as Mineral Resource Zones in the General Plan.
4. For agricultural employees, when located on farms or ranches containing more than 10 acres. 200.03 Development Regulations
Table 200.03 prescribes the development standards for “Agricultural/Rural/Conservation” Districts. Additional regulations are denoted in the right hand column. Section numbers in this column refer to other sections of this Ordinance, while individual letters refer to subsections that directly follow the table.
TABLE 200.03: DEVELOPMENT STANDARDS—AGRICULTURAL/RURAL/CONSERVATION
DISTRICTS
Standard AC RR Additional Regulations
Lot and Density Standards
Minimum Lot Area (acres) 40 2.5 Section 200.03(a)
Minimum Lot Width (ft) 120 120 Section 200.03(a)
Minimum Lot Depth (ft) 120 120 Section 200.03(a)
Porterville Development Ordinance
22 TABLE 200.03: DEVELOPMENT STANDARDS—AGRICULTURAL/RURAL/CONSERVATION
DISTRICTS
Standard AC RR Additional Regulations
Maximum Density (dwelling
units/net acre)
.02 .25
Building Form and Location
Maximum Height (ft) 35 35 Section 300.06 Heights and Height Exceptions Minimum Yards (ft)
Front 30 30 Section 300.01 Building Projections into Yards Interior Side 30 30 Section 200.03(b); and Section 300.01 Building Projections into Yards
Street Side 30 30 Section 200.03(b); and Section 300.01 Building Projections into Yards
Rear 30 30 Section 300.01 Building Projections into Yards Maximum Building Coverage
(% of lot)
5 10 Section 200.03(c)
Additional Development Regulations:
(a) Reduced Lot Area, Width, and Depth. Reduced lot area, width, and depth are allowed with cluster development provided the overall maximum density does not exceed the standard. Deed restrictions shall be filed on each property to ensure the overall maximum density is not exceeded through future subdivision or development.
(b) Narrow Lots. For lots less than one hundred (100) feet in width, each side yard shall be a minimum of ten (10) percent of the lot width, or five (5) feet, whichever is greater.
(c) Coverage Exception. Greater coverage on individual lots may be allowed with clustered development provided the overall site coverage of the entire development does not exceed the standard.
Series 200: Base Districts
23 Chapter 201 Residential Districts
Sections:
201.01 Purpose
201.02 Land Use Regulations
201.03 Development Regulations
201.04 Supplemental Regulations
201.01 Purpose
The specific purposes of the “Residential” Districts are to:
(a) Maintain and enhance the city’s neighborhoods.
(b) Ensure the provision of services and facilities needed to accommodate planned population densities.
(c) Provide a basis for the evaluation of development proposals for appropriate densities within the given ranges.
(d) Implement and provide appropriate regulations for General Plan classifications of “Very Low Density Residential”, “Low Density Residential”, “Low-Medium Density Residential”, “Medium Density Residential”, and “High Density Residential”.
Additional purposes of each “Residential” District:
RS-1 Very Low Density Residential. To provide areas for large lot or executive home single-family subdivisions with a maximum residential density is 3.1 units per net acre.
This district also allows for limited uses such as day care homes and religious facilities that are appropriate in a very low density residential environment.
RS-2 Low Density Residential. To provide areas for attached or detached single family homes with a maximum residential density of 7.5 units per net acre. This district also allows for limited uses such as day care homes, parks, and religious facilities that are appropriate in a low density residential environment.
RM-1 Low-Medium Density Residential. To accommodate low-medium densities and more varied forms of residential development, including small-lot single-family homes, detached zero lot line developments, duplexes, townhouses, and garden apartments with a maximum residential density of 11.3 units per net acre This district also allows for limited uses such as day care homes, parks, schools and religious facilities that are appropriate in a lowmedium density residential environment. This district provides for a transition from lowerdensity residential neighborhoods to medium-density multi-family areas.
RM-2 Medium Density Residential. To accommodate a variety of housing types, such as small-lot single-family homes, detached zero lot line developments, duplexes, townhouses, Porterville Development Ordinance
24 and garden apartments with a maximum residential density of 15.0 units per net acre. This district is intended to be located closer to community and retail services, mixed use areas, parks, and areas where greater access can be provided. In addition to residential uses, this district allows for a variety of public and semi-public uses such as cultural institutions, hospitals and clinics, and religious facilities that are appropriate in a medium-density residential environment. This district provides for a transition from lower-density residential neighborhoods to higher-density multi-family development and commercial areas.
RM-3 High Density Residential. This classification is intended to accommodate attached homes, two- to four-plexes, and apartment buildings with a maximum residential density
30.0 units per net acre. This district allows for a variety of public and semi-public uses such as clubs and lodges, cultural institutions, hospitals and clinics, and religious facilities that are appropriate in a high-density residential environment. 201.02 Land Use Regulations
Table 201.02 below prescribes the land use regulations for “Residential” Districts. The regulations for each district are established by letter designations as follows:
“P” designates permitted uses.
“C” designates use classifications that are permitted after review and approval of a Conditional Use Permit by the City Council.
“M” designates use classifications that are permitted after review and approval of a Minor Conditional Use Permit by the City Council.
“(#)” numbers in parentheses refer to specific limitations listed at the end of the table. “-” designates uses that are not permitted.
Use classifications are defined in Chapter 701, Use Classifications. In cases where a specific land use or activity is not defined, the Zoning Administrator shall assign the land use or activity to a classification that is substantially similar in character. Use classifications and subclassifications not listed in the table or not found to be substantially similar to the uses below are prohibited. The table also notes additional use regulations that apply to various uses. Section numbers in the right hand column refer to other sections of this Ordinance.
Series 200: Base Districts
25 TABLE 201.02: LAND USE REGULATIONS—RESIDENTIAL DISTRICTS Use Classification RS-1 RS-2 RM-1 RM-2 RM-3 Additional Regulations Residential Uses
Single Family Dwelling See subclassifications below
Attached - P P P P
Detached P P P P P
Multi-Family Residential - - P P P
Family Day Care Home See subclassifications below
Small P P P P P
Large P P P P P Section 301.07 Family Day
Care Home, Large
Group Residential P(1) P(1) P(1) P P
Mobile Home Parks - - C(2) C(2) C(2) Section 301.10
Manufactured Homes;
Section 301.11 Mobile Home
Parks
Residential Care
Facilities, Limited
P P P P P
Public and Semi-Public Uses
Clubs and Lodges - - - C C Section 301.02 Alcoholic
Beverage Sales
Community Centers - - C C C
Cultural Institutions - - - C C
Elderly and Long-term
Care
- - - C P
Park and Recreation
Facilities, Public
P P P P P
Religious Facilities C C C C C
Residential Care
Facilities, General
- - C C C Section 301.15 Residential
Care Facilities, General
Schools, Public or Private P P P P P
Social Service Facilities - - - - C Section 301.19 Social Service Facilities
Commercial Uses
Eating, Drinking, and
Smoking Establishments
See subclassifications below
Porterville Development Ordinance
26 TABLE 201.02: LAND USE REGULATIONS—RESIDENTIAL DISTRICTS Use Classification RS-1 RS-2 RM-1 RM-2 RM-3 Additional Regulations Coffee Shops/Cafes - - - - M(3) Section 300.08 Outdoor
Seating
Restaurants - - - - C(3) Section 300.08 Outdoor
Seating; Section 301.02
Alcoholic Beverage Sales
Transportation, Communication, and Utilities Uses
Utilities, Minor P P P P P
Agricultural and Extractive Uses
Crop Cultivation,
Commercial
M M M M M Section 301.06 Crop
Cultivation
Crop Cultivation, NonCommercial
P P P P P
Other Applicable Types
Accessory Uses and
Structures
P P P P P Section 301.01 Accessory
Uses and Structures
Animal Keeping P P P P P Section 301.04 Animal
Keeping
Home Occupations P P P P P Section 301.09 Home
Occupations
Second Dwelling Unit P P P P P Section 301.16 Second
Dwelling Units
Nonconforming Use Chapter 307 Nonconforming Uses, Structures, and Lots Temporary Use Section 301.21 Temporary Uses
Specific Limitations:
1. Limited to no more than two rooms in a dwelling rented to not more than a total of four persons and meals are not provided to more than four boarders.
2. Limited to sites with a minimum gross site area of 10 acres.
3. Limited to a restaurant or café/coffee shop accessory to a mobile home court or a private club or lodge when such use has no direct access off a public street and accommodates only residents, members, or their guests.
201.03 Development Regulations
Table 201.03 prescribes the development standards for Residential Districts. Additional regulations are denoted in the right hand column. Section numbers in this column refer to other sections of this Ordinance, while individual letters refer to subsections that directly follow the table.
Series 200: Base Districts
27 TABLE 201.03: DEVELOPMENT STANDARDS—RESIDENTIAL DISTRICTS Standard RS-1 RS-2 RM-1 RM-2 RM-3 Additional
Regulations
Lot and Density Standards
Minimum Lot Area (sq ft) 12,500 6,000 6,000 6,000 6,000 Section 201.04(c) Reduced Minimum Lot
Size, Width, and
Depth
Minimum Lot Width (ft) 90 60 60 60 60 Section 201.04(c) Reduced Minimum Lot
Size, Width, and
Depth
Minimum Lot Depth (ft) 100 75 75 75 75 Section 201.04(c) Reduced Minimum Lot
Size, Width, and
Depth
Maximum Density (units/net
acre)
3.1 7.5 11.3 15.0 30.0
Minimum Area per Dwelling
Unit (sq ft)
n/a n/a 3,000 1,500 1,000
Building Form and Location
Maximum Height (ft) 35 35 35 50 50 Section 201.03(a);
Section 300.06
Heights and Height
Exceptions
Minimum Yards (ft)
Residence (front) 15 15 15 15 15 Section 201.03(b);
Section 300.01
Building Projections
into Yards
Porch (front) 10 10 10 10 10
Garage (front) 20 20 20 20 20
Interior Side 5 5 5 5 5 Section 201.03(c), (d),
and (f); Section 300.01
Building Projections
into Yards
Street Side 10 10 10 10 10 Section 201.03(e);
Section 300.01
Building Projections
into Yards
Porterville Development Ordinance
28 TABLE 201.03: DEVELOPMENT STANDARDS—RESIDENTIAL DISTRICTS Standard RS-1 RS-2 RM-1 RM-2 RM-3 Additional
Regulations
Rear 10 5 5 10 10 Section 201.03(f);
Section 300.01
Building Projections
into Yards
Maximum Building Coverage
(% of lot)
30 45 45 50 60
Minimum Courtyard
Dimension
n/a n/a n/a 20 20 Section 201.03(g)
Additional Standards
Private Open Space (sq ft
per unit)
n/a n/a 200 75 50 Section 201.04(b)
Residential MultiFamily Development
Common Open Space (sq ft
per unit)
n/a n/a n/a 100 100 Section 201.04(b)
Residential MultiFamily Development
Additional Development Regulations:
(a) Transitional Standards. Where a site is adjacent to an RS-1, RS-2, or RM-1 district, the following standards apply:
(1) The maximum height within forty (40) feet of an RS-1, RS-2, or RM-1 district boundary is thirty-five (35) feet. The maximum height within fifty (50) feet of an RS-1, RS-2, or RM-1 district boundary is forty (40) feet.
Series 200: Base Districts
29 FIGURE 201.03(A)(1): RESIDENTIAL DISTRICT TRANSITIONAL STANDARDS (2) Buildings exceeding thirty (30) feet in height must be set back or stepped back one (1) foot from the required interior side and rear setback lines for every foot of height above thirty (30) feet.
(b) Front Yards. Where more than sixty (60) percent of such portion of the lineal frontage of lots improved with residential buildings within any block is comprised of lots with less than the minimum front yard requirement, then the minimum front yard requirement for other residential buildings in such block may be reduced to the average of the actual front yards of all of the lots in such block with existing residential buildings, counting those which have front yards of greater depth than the minimum requirement.
Porterville Development Ordinance
30 FIGURE 201.03(B): FRONT YARDS
(c) Existing Structures. When the existing side yard setback is less than required in this Ordinance, additions to such structures may conform to the existing setback, provided that the addition does not encroach closer to the property line than the existing structure.
(d) Attached Single-Family Dwellings. Required setbacks apply to the ends of rows of attached single-family dwellings.
FIGURE 201.03(C): SETBACKS FOR ATTACHED SINGLE-FAMILY DWELLINGS (e) Street Side Yard - Reversed Corner Lots. Reversed corner lots shall have a minimum street side yard width of twelve (12) feet. No accessory structure shall Series 200: Base Districts
31 project beyond the extension of the required front yard line of the lot in the rear (key lot).
(f) Increased Yard for Certain Institutional Uses. Any building erected or used for a school, government, or other institutional use mentioned elsewhere in this Ordinance, shall be located at least fifteen (15) feet from an RS district, notwithstanding any lesser requirement in the district where located, provided such building shall not be required to be located more than five (5) feet from any lot line adjacent to any alley. The City Council may waive this requirement for accessory buildings to provide reasonable accommodation.
(g) Minimum Courtyard Dimensions. Courtyards surrounded by building walls on three (3) sides shall have a minimum dimension of twenty (20) feet. 201.04 Supplemental Regulations
(a) Residential Single-Family Development. Residential single-family structures shall be developed in accordance with the following standards. (1) Garage Frontage and Location
a. Where garage doors face a street, garage width shall not exceed fifty (50) percent of the width of the front facade of the building for a two car garage home, or seventy (70) percent for a three car garage.
Maximum of three (3) garage doors may face a street.
b. Where garage doors face the interior of the lot (i.e. a side loading garage) the face of the door shall be setback at least twenty-five (25) feet from the side lot line. The front setback for such a garage is no less than fifteen (15) feet.
c. Garages with three (3) or more doors, at least one (1) garage front must be separated from the remaining garage fronts by at least two (2) feet.
Porterville Development Ordinance
32 FIGURE 201.04(A)(1): GARAGE FRONTAGE AND LOCATION
(2) Architectural Articulation. On all facades that face a street, at least two architectural articulations are required, such as window trim, window recesses, shutters, window boxes, bay windows, cornices, changes in material (i.e. stone veneer), larger than normal porch, decorative garage windows, or two other projections or recesses in a pattern that creates architectural interest across the length of the face as determined by the Zoning Administrator.
(3) Width. All residential structures shall have a minimum width of twenty (20) feet.
(4) Two-story Dwellings. Two-story dwellings shall include windows on the facade facing the street. No second-story street-facing wall shall run in a continuous plane of more than twenty (20) feet without a window or a projection, offset, or recess of the building wall at least one (1) foot in depth.
(b) Residential Multi-Family Development. Each multiple family residential project with two (2) or more dwelling units on a single lot shall be developed in accordance with the following standards.
(1) Parking and Garage Frontage Limitation. The total frontage of parking areas visible from the street (excluding alleys), including open parking, carports, and garages, but excluding underground parking and parking located behind buildings, shall not exceed thirty (30) percent of the lot Series 200: Base Districts
33 frontage. The Zoning Administrator may approve a modification to this standard where existing development patterns or topographic features make it infeasible to limit parking and garage frontage to thirty (30) percent of lot frontage. Parking areas not visible from the street are not subject to this limitation.
Porterville Development Ordinance
34 FIGURE 201.04(B)(1): PARKING AND GARAGE FRONTAGE LIMITATIONS Series 200: Base Districts
35 (2) Building Entrances
a. Orientation. Developments shall relate directly to the adjacent street, and present a pedestrian scaled entry with a residential character. b. Projection or Recess. Building entrances must have a roofed projection (such as a porch) or recess with a minimum depth of at least five (5) feet and minimum area of fifty (50) square feet.
Alternative designs that create an enhanced entry feature facing the street, such as a trellis or landscaped courtyard entry, may be approved.
(3) Architectural Articulation. All multiple-family residential buildings shall include adequate design features to create visual variety and avoid a largescale and bulky appearance. Building facades shall be articulated to give the appearance of a collection of smaller structures. This requirement shall be met by using two (2) or more of the following methods.
a. Facade Articulation. All street-facing facades have at least one (1) horizontal or vertical projection or recess at least four (4) feet in depth, or two (2) projections or recesses at least two and one-half (2.5) feet in depth, for every twenty-five (25) horizontal feet of wall.
If located on a building with two (2) or more stories, the articulated elements must be greater than one (1) story in height, and may be grouped rather than evenly spaced in twenty-five (25) foot modules.
Building entrances and front porches and projections into required yards such as stoops, bays, overhangs, fireplaces, and trellises may count towards meeting this requirement.
b. Variable Roof Form. Variable roof forms incorporated into the building design, and no more than two (2) side-by-side units may be covered by one (1) unarticulated roof. Articulations may be accomplished by changing roof height, offsets, and direction of slope, and by introducing elements such as dormers, towers, or parapets.
c. Facade Detailing and Materials. All visible building facades incorporate details, such as window trim, window recesses, cornices, changes in materials or other design elements, in an integrated composition. Each side of a building that is visible from a public right-of-way shall be designed with a complementary level of detailing and quality of materials.
d. Scale. The scale of a multi-family development shall be considered within the context of its surroundings.
e. Use of Balconies, Bay Windows, and Other Such Projections or Recesses. The building incorporates balconies, bay windows, entry porches or other projections and recesses in a pattern that creates architectural interest across the length of the facade.
Porterville Development Ordinance
36 FIGURE 201.04(C)(3): ARCHITECTURAL ARTICULATION
(4) Open Space. Private and common areas shall be provided in accordance with this section. Private areas typically consist of balconies, decks, patios, and fenced yards. Common areas typically consist of landscaped areas, patios, swimming pools, barbeque areas, playgrounds, trees, bushes, groundcover, and turf. All areas not improved with buildings, parking, vehicular accessways, trash enclosures, and similar items shall be developed as common areas with the types of attributes described above. a. Minimum Dimensions. Open space shall have the following minimum dimensions in order to count towards open space requirements:
1. Open space located on the ground level (e.g., yards, decks, patios): ten (10) feet.
2. Open space located above ground level (e.g., balconies): five (5) feet.
b. Usability. A surface shall be provided that allows convenient use for outdoor living and/or recreation. Such surface shall be a combination of lawn, garden, flagstone, wood planking, concrete, or other serviceable, dust-free surfacing. Slope shall not exceed ten (10) percent.
c. Accessibility.
1. Private Open Space. The space shall be accessible to only one (1) residential unit by a doorway to a habitable room or hallway.
2. Common Open Space. The space shall be accessible to all the residential units on the lot. It shall be served by any stairway Series 200: Base Districts
37 or other accessway qualifying as an egress facility from a habitable room.
(5) Walkways. Walkways shall link the residential units to the public right-ofway and with recreational and other internal facilities as well as with other residential units.
(c) Reduced Minimum Lot Size, Width, and Depth. Smaller lots with a minimum area of three thousand (3,000) square feet, a minimum lot width of thirty-five (35) feet, and a minimum lot depth of sixty (60) feet may be approved with a Conditional Use Permit when the City Council finds that the lot size and configuration are consistent with the General Plan and will not adversely affect adjoining uses. All such projects are subject to the following standards:
(1) Development Design Elements. The following required elements and the specified number of optional elements shall be provided in addition to the open space requirements listed below.
a. Required Elements. All of the following elements shall be provided.
1. Street Trees. Fifteen gallon shade trees shall be planted at least thirty (30) feet on center along all sidewalks. Tree guards shall be provided.
2. Variety of Lot Widths. A variety of lot widths shall be provided to accommodate a variety of home styles, setbacks, and garage placements. At least thirty (30 percent of the lots shall vary from the "typical" (mode) lot width in the
development by at least twenty (20) percent.
b. Optional Elements. At least two (2) of the following elements shall be provided.
1. Traffic Calming. The development shall include streetscape improvements, such as roundabouts, neck downs, curb bulbs, or similar traffic-calming techniques. Provisions shall be included for the private maintenance of such facilities by a homeowners association or other body or a local assessment district established by the developer.
2. Parkland and Open Space. The development shall include privately maintained park or common open space at least thirty (30) percent greater in area than the minimum required. (See subsection three (3) below for required open space area.)
3. Variable Front Yards. No more than fifty (50) percent of homes shall be set back the same distance from the front lot line unless at least half of them have front porches, and at least twenty-five (25) percent of the homes shall be set back at least five (5) feet farther than the minimum. This
component may be implemented by recording "build-to" lines on the final subdivision map.
Porterville Development Ordinance
38 4. Alley-Accessed Parking. Parking for at least seventy-five (75) percent of lots in the development shall be provided in the rear half of the lot and accessed from a rear alley.
5. Shared or Clustered Driveways. Driveways shall be paired so that there is a single curb-cut providing access to two (2) houses, and the total width for the paired driveway is not more than eighteen (18) feet. Alternatively, driveways may be clustered (but need not share the same curb cut) so that there is at least thirty-six (36) feet of uninterrupted curb between each pair of clustered driveways.
(2) Building Design Elements. At least two (2) of the following elements shall be provided.
a. Variable Garage Entries. The development plan shall include provisions for variable location of garage entries. At least thirty-five (35) percent of the lots shall have garages that are side-loaded, set at least five (5) feet behind the primary facade of the building or set entirely in the rear half of the lot in a detached garage. b. Porches. All single-family dwellings, attached or detached, shall have a covered front porch with a minimum dimension of four (4) feet and a minimum size of thirty-two (32) square feet. c. Architectural Diversity. Projects with up to twenty (20) lots shall have a minimum of three (3) unique elevations. Projects of between twenty-one (21) and one hundred (100) lots shall have a minimum of four (4) unique elevations. Projects of one hundred (100) or more lots shall have a minimum of five (5) unique elevations.
(3) Open Space. A minimum total open space area (including, but not limited to private yards, porches, balconies, and patios) of three hundred (300) square feet shall be provided on each lot. Also required are common open-space areas of two hundred (200) square feet per lot that provide usable and accessible open space for the recreation and outdoor enjoyment of the development’s residents and their guests. To qualify as common open space, the area(s) shall be centrally located, have a minimum usable width of twenty-five (25) feet, and be at least fifty (50) percent open to the sky and the common open space is not located on the lot served, but serves multiples lots. The requirement for common open space may be waived subject to the following conditions:
a. The design accommodates five hundred (500) square feet of private open space on each individual lot,
b. the minimum dimension of the private open space is ten (10) feet, and c. the subdivision is located within 1/4 mile of a park, school, or other available open space.
Series 200: Base Districts
39 (4) Required Findings.
a. The lot size and project density are consistent with the General Plan; b. The lots and associated development would not adversely affect adjoining uses;
c. Additional site and building design elements are in evidence; and d. The lot size is acceptable considering site topography, public-street access, availability of utilities, existing neighborhood characteristics, including the average density of surrounding development.
Porterville Development Ordinance
40 This page intentionally left blank
Series 200: Base Districts
41 Chapter 202 Downtown Districts
Sections:
202.01 Purpose
202.02 Land Use Regulations
202.03 Development Standards
202.04 Supplemental Regulations
202.01 Purpose
The specific purposes of the Downtown Districts are to:
(a) Maintain a thriving, vibrant Downtown compatible with surrounding land uses. (b) Foster the location of cultural and civic uses and public open space to maintain Downtown as the civic core of the City.
(c) Provide for a range of commercial and retail services that add to a diversified economic base.
(d) Allow mixed uses to create a more vibrant community and offer additional opportunities for housing for residents requiring convenient access to community services and less dependency on auto transportation.
(e) Ensure that development is visually attractive and pedestrian friendly. (f) Preserve and enhance the pedestrian-oriented environment of the Downtown area. (g) Ensure that potential development and redevelopment is integrated into the Downtown and supports the vitality of the area.
Additional purposes of each district within the Downtown Districts:
DR-N Downtown Retail – North of Olive Avenue. Maintain the pedestrian- and transitoriented environment of retail, restaurants, services, and government offices in the heart of Porterville’s Downtown, focused on Main Street. Maintain the traditional Downtown character, with buildings built immediately adjacent to the sidewalk, active commercial uses on the ground floor, ample on-street parking, and a visually attractive streetscape with trees, historic street lights, benches, and other pedestrian amenities.
DR-S Downtown Retail – South of Olive Avenue. Create an attractive commercial corridor that provides a welcoming gateway at the southern entrance to Downtown. Buildings should line the street, with street trees along the entire length of the street, and small landscaped front yards between the buildings and the sidewalk.
DR-D Downtown Retail – D Street Corridor. Provide for a mix of medium-scale retail and service uses in a manner compatible with the Downtown pedestrian environment.
Buildings should line the street, with deep landscaped front yards and rows of trees.
Porterville Development Ordinance
42 D-MX Downtown Mixed-Use. Create a mixed-use area that attracts businesses and residents to locate Downtown, and provides a transition area between commercial areas and residential neighborhoods. Allow a mix of commercial, service, office, and residential uses that do not adversely impact one another in a significant way. Create an attractive streetscape of buildings that line the street, with landscaping and trees tailored to the width and the existing design character of the street.
D-PO Downtown Professional Office. Encourage the adaptive re-use of existing buildings with office and professional uses, and infill of new office buildings, in order to provide convenient services to local residents and businesses, complement nearby retail development, and maintain the historic residential character of the area. Maintain the pattern of small lots, historic residential building forms, landscaped front yards, and street trees in planter strips.
D-PS Downtown Public and Semi-Public. Provide areas for larger-scale public facilities that serve the community, with a focus on integrating development into the Downtown.
Encourage land uses and design features that enhance the vitality, character and quality of life of the Downtown and surrounding residential areas. Ensure that the traditional block pattern of Downtown is maintained. Incorporate public streets and pedestrian walkways that connect these larger scale projects to Downtown streets and walkways. Design streets with attractive landscaped front yards and street trees, consistent with the character of existing and adjoining streets.
DRM-2 Downtown Medium Density Residential. Encourage a variety of housing types, such as small-lot single-family homes, detached zero lot line developments, duplexes, townhouses, and garden apartments with a maximum residential density of 16.5 units per acre in the Downtown area. Encourage housing in Downtown to provide opportunities for residents to live in close proximity to community services and retail establishments, and to help support the vitality of Downtown businesses. Maintain the existing character of buildings that front the street, landscaped front yards, and street trees.
DRM-3 Downtown High Density Residential. Facilitate the development of attached homes, two- to four-plexes, and apartment or condominium buildings with a maximum residential density of 33.0 units per acre in Downtown, to create a more vibrant community and offer additional opportunities for housing for residents requiring convenient access to community services and less dependency on auto transportation. Maintain the existing character of buildings that front the street, landscaped front yards, and street trees.
D-GC Downtown General Commercial. Provide areas for retail, service, and heavier commercial uses that meet local and community needs in a manner complimentary to the adjacent Downtown pedestrian-oriented environment.
Series 200: Base Districts
43 202.02 Land Use Regulations
Table 202.02 below prescribes the land use regulations for “Downtown” Districts. The regulations for each district are established by letter designations as follows:
“P” designates permitted uses.
“C” designates use classifications that are permitted after review and approval of a Conditional Use Permit by the City Council.
“(#)” numbers in parentheses refer to specific limitations listed at the end of the table. “-” designates uses that are not permitted.
Use classifications are defined in Chapter 700, Use Classifications. In cases where a specific land use or activity is not defined, the Zoning Administrator shall assign the land use or activity to a classification that is substantially similar in character. Use classifications and subclassifications not listed in the table or not found to be substantially similar to the uses below are prohibited. The table also notes additional use regulations that apply to various uses. Section numbers in the right hand column refer to other sections of this Ordinance.
Porterville Development Ordinance
44 This page intentionally left blank
Series 200: Base Districts
45 TABLE 202.02: LAND USE REGULATIONS – DOWNTOWN DISTRICTS Use Classification DR-N DR-S DR-D D-MX DRM-2 DRM-3 D-PO D-GC D-PS Additional Regulations Residential Use Classifications Single Family Dwelling See subclassifications below Attached P(1) - - - P P - - -
Multi-family Residential P(1) P(2) - P P P P(1) - - Family Day Care Home See subclassifications below Small P P - P P P P - - Large - - - P P P - - - Section 301.07 Family Day Care Home, Large
Group Residential - - - P(3) P P - - - Mixed Use Development C Section 203.04 Supplemental Regulations
Residential Care Facilities, Limited
P P - P P P P - -
Single Room Occupancy Hotels
- - - C(1) - - - - - Section 301.18 Single Room
Occupancy Hotels
Public and Semi-Public Use Classifications Clubs and Lodges C(4) P P P - - P(5) P - Section 301.02 Alcoholic Beverage Sales
Colleges and Trade Schools, Public or Private
C(5) C C C - - C C P
Community Center - - - C - - - - P Cultural Institutions C(5) C C C - - P C P Day Care Centers C C C C C C P - C Elderly and Long Term Care - - - - P P P - -
Government Offices P P P - - - P - P Instructional Services P(5) P P P - - P P P Porterville Development Ordinance
46 TABLE 202.02: LAND USE REGULATIONS – DOWNTOWN DISTRICTS Use Classification DR-N DR-S DR-D D-MX DRM-2 DRM-3 D-PO D-GC D-PS Additional Regulations Park and Recreation Facilities, Public
P P P P P P P P P
Religious Facilities - - - C C C - - - Residential Care Facilities, General - - - - C C - - - Section 301.15 Residential Care
Facilities, General
Schools, Public or Private
P(4) P P P - - - - P
Social Service Facilities - - - C C C - - - Section 301.19 Social Service Facilities
Commercial Use Classifications Animal Care, Sales, and Services See subclassifications below
Kennels - - C - - - - C - Pet Stores M(6) P(6) P(6) M(6) - - - P(6) - Veterinary Services, Small - - C - - - - P -
Artists’ Studios P P P P - - - P - Automobile/Vehicle Sales and Services See subclassifications below
Automobile/Vehicle Rentals.
- - - - - - - P -
Automobile/Vehicle Sales and Leasing.
- C C(7) - - - - P -
Automobile/Vehicle Service and Repair, Major.
- - C - - - - C - Section 301.04 Automobile/Vehicle
Service and Repair, Major and Minor
Automobile/Vehicle Service and Repair, Minor.
- C(7) C(7) - - - - P - Section 301.04 Automobile/Vehicle Service and Repair, Major and Minor
Series 200: Base Districts
47 TABLE 202.02: LAND USE REGULATIONS – DOWNTOWN DISTRICTS Use Classification DR-N DR-S DR-D D-MX DRM-2 DRM-3 D-PO D-GC D-PS Additional Regulations Automobile/Vehicle Service and Repair, Washing.
- - - - - - - C - Section 301.05 Auto Service
Stations and Car Washing
Service Station - - - - - - - C - Section 301.05 Auto Service Stations and Car Washing
Banks and Financial Institutions
See subclassifications below
Banks and Credit Unions
P(8) P(8) P P(8) - - P(8) P -
Building Materials and Services
- - - - - - - P(9) -
Business Services P(10) P(10) P(10) P(10) - - P P - Commercial Entertainment and Recreation See subclassifications below
Cinema/Theaters C C C C - - - C - Section 301.02 Alcoholic Beverage Sales
Downtown Entertainment
- - C C - - - C C Section 301.02 Alcoholic Beverage
Sales
Small-scale C C C C - - - C - Section 301.02 Alcoholic Beverage Sales
Eating, Drinking, and Smoking Establishments
See subclassifications below
Bars/Night Clubs/Lounges
C C C C - - - C - Section 300.08 Outdoor Seating;
Section 301.02 Alcoholic Beverage Sales
Coffee Shops/Cafes P(8) P(8) P(8) P(8) - - P(8) P(8) P(8, 13) Section 300.08 Outdoor Seating Restaurants P(8) P(8) P(8) P(8) - - P(8) P(8) P(8, 13) Section 300.08 Outdoor Seating; Section 301.02 Alcoholic Beverage Sales
Porterville Development Ordinance
48 TABLE 202.02: LAND USE REGULATIONS – DOWNTOWN DISTRICTS Use Classification DR-N DR-S DR-D D-MX DRM-2 DRM-3 D-PO D-GC D-PS Additional Regulations Tobacco Bars C C C C - - - C -
Food and Beverage Retail Sales, less than 5,000 square feet P P P P - - P(11) P P(11) Section 301.02 Alcoholic Beverage Sales
Food and Beverage Retail Sales, more than 5,000 to 50,000 square feet P P P P - - - - - Section 301.02 Alcoholic Beverage
Sales
Hotels and Motels C C C C - - - C - Maintenance and Repair Services less than 1,500 square feet - - - - - - - P(12) -
Medical Facilities See subclassifications below
Medical Clinic - P P P - - P P P Professional/Medical P(13) P P P - - P P P Mixed Use Development C Section 203.04 Supplemental
Regulations
Nurseries and Garden Centers
- C C C - - - P -
Offices See subclassifications below
General Offices P(13) P P P - - P P P Walk-In Clientele P P P P - - P P P Parking, Public or Private
P P P P P P P P P
Personal Services P P P P - - P P - Retail Sales, less than 50,000 square feet P P P P - - P(11) P -
Retail Sales, more than 50,000 square feet
C C C C - - - C -
Series 200: Base Districts
49 TABLE 202.02: LAND USE REGULATIONS – DOWNTOWN DISTRICTS Use Classification DR-N DR-S DR-D D-MX DRM-2 DRM-3 D-PO D-GC D-PS Additional Regulations Industrial Use Classifications Handicraft/Custom Manufacturing - - - - - - - P -
Industry, Limited - - - - - - - C - Recycling Facilities See subclassifications below Reverse Vending Machine
- P P P - - - P P Section 301.14 Recycling Facilities
Recycling Collection Facility
- C - - - - - C C Section 301.14 Recycling Facilities
Transportation, Communication, and Utilities Use Classifications Communication Facilities See subclassifications below
Antenna and Transmission Towers, camouflage facilities
P P P P - - P P P Section 301.20
Telecommunication Facilities
Antenna and Transmission Towers, noncamouflage facilities C(14) C(14) C(14) C(14) - - C(14) C(14) C(14) Section 301.20 Telecommunication Facilities
Broadcasting Facility - M M M - - - M - Section 301.20
Telecommunication Facilities
Call Center - - - - - - P(5) P(5) P Recording Studio - - P(6) P(6) - - - P(6) - Transportation Passenger Terminals
P(15) P(15) P(15) - - - - - -
Utilities, Minor P P P P P P P P P
Porterville Development Ordinance
50 TABLE 202.02: LAND USE REGULATIONS – DOWNTOWN DISTRICTS Use Classification DR-N DR-S DR-D D-MX DRM-2 DRM-3 D-PO D-GC D-PS Additional Regulations Other Applicable Types Accessory Uses and Structures P P P P P P P P P Section 301.01 Accessory Uses
and Structures
Home Occupations P P P P P P - - - Section 301.09 Home Occupations Second Dwelling Unit - - - - P P - - - Section 301.16 Second Dwelling Unit
Nonconforming Use Chapter 307 Nonconforming Uses, Structures, and Lots Temporary Use Section 301.21 Temporary Uses Specific Limitations:
1. Residential units allowed only on upper floors unless approved with a Conditional Use Permit. Common ancillary areas are allowed on the ground floor except on Main Street.
2. On Main Street, residential units are allowed only on upper floors unless approved with a Conditional Use Permit.
3. Limited to no more than two rooms in a dwelling rented to not more than a total of four persons and meals are not provided to more than four boarders.
4. Allowed only on upper floors and limited to 5,000 square feet in size. 5. Limited to 5,000 square feet in size. 6. Provided that such use shall be completely enclosed in a building of soundproof construction.
7. Limited to uses conducted wholly within a building enclosed on all sides including the display, storage, repair, and reconditioning of vehicles.
8. Drive-through facilities are prohibited. 9. Bulk storage of sand, gravel, or cement is not allowed. 10. Wholesale services are not allowed. 11. Permitted only as accessory to a primary use. 12. No outdoor operations or outdoor storage are allowed. 13. Limited to 25 percent of ground floor area unless additional floor area is approved with a Conditional Use Permit. No square footage limitation on upper floors.
14. Shall not be located within 300 feet of any R district.
15. Not allowed on Main Street. No repair or storage of vehicles is allowed.
Porterville Development Ordinance
51 202.03 Development Standards
Table 202.03 prescribes the development standards for Downtown Districts. Additional regulations are denoted in the right hand column. Section numbers in this column refer to other sections of this Ordinance, while individual letters refer to subsections that directly follow the table.
Porterville Development Ordinance
52 This page intentionally left blank
Series 200: Base Districts
53 TABLE 202.03: DEVELOPMENT STANDARDS – DOWNTOWN DISTRICTS Standard DR-N DR-S DR-D D-MX DRM-2 DRM-3 D-PO D-GC D-PS Additional Standards Lot, Density, and Block Standards Minimum Lot Area (sq ft) - - - - 6,000 6,000 6,000 6,000 6,000
Minimum Lot Width (ft) - - - - 60 60 60 60 60 Minimum Lot Depth (ft) - - - - 75 75 75 75 75 Minimum Density (dwelling units/acre) - - - 15 - - - - -
Maximum Density (dwelling units/net acre)
No max, FAR applies to
combined Residential and
Non-residential
- 41.0 16.5 33.0 - - -
Maximum Block Dimension (ft)
Dimension: 500; 600 with mid-block pedestrian way Section 202.04(b) Maximum Block Length
Building Form, Location, and Street Design Maximum Height (ft) 50 on corner lots and lots over 2 acres; 40 on all other lots
40, 50
with CUP
35 40, 50
on
corner
lots
30; 40
with CUP
50 on corner
lots and lots over 2 acres;
40 on
interior lots
Section 300.06 Heights and Height Exceptions
Minimum Height (ft) Main St: 28 - - - - - - - - Minimum Yards (ft) See subclassifications below Front (Main Street frontage is always considered the front of the lot) 0 min; 10
max Shall be
paved on
Main St with
tile, stone,
brick,
concrete, or
comparable
material.
Commercial:
15 for
buildings, 10
for parking.
Main St and
Olive St: 10
min, 20 max
Residential:
15 10 min; 20 max
D St: 15
0; 10 on
Main St or
ground
floor
residential
20 15 15 min;
25 max
10 20 Section 202.04(i)
Building Projections;
Unless otherwise
stated, shall be landscaped in accord with Chapter 303 Landscaping.
Porterville Development Ordinance
54 TABLE 202.03: DEVELOPMENT STANDARDS – DOWNTOWN DISTRICTS Standard DR-N DR-S DR-D D-MX DRM-2 DRM-3 D-PO D-GC D-PS Additional Standards Interior Side Commercial: 0
Residential: Where residential is allowed, every
unit shall have at least one window with a minimum of 15 ft of clear separation from another building or wall 1-2 stories: 5
3 or more stories:
10 5 0 20 Section 202.04(i)
Building Projections
Street Side or Rear on a Street Frontage
East of 2nd
St: 10;
Otherwise:
0 min; 10
max
10 10 0; 10 if on
Main St
and for ground
floor
residential
10 10 15 10 20 Section 202.04(i)
Building Projections; and
Unless otherwise
stated, shall be landscaped in accord with Chapter 303 Landscaping Transitional – Street side
5 15 15 15 15 15 Section 202.03(c)
Transitional Standards
Rear, not on a Street Frontage
Commercial: 0 Residential: Where residential is allowed, every unit shall have at least one window with a minimum of 15 ft of clear separation from another building or wall 10 10 0, 5 from
alley
0 20 Section 202.04(i)
Building Projections
Maximum Floor Area Ratio, all uses
3.0 3.0 3.0 3.0 - - .50 1.0 .25(a)
Maximum Building Coverage (% of lot)
- - - - 50 60 - - 50
Minimum Percent of Building at Setback Line
- 50 (b) 50 (b) 50 (b) - - - - -
Parking Maximum Curb Cut per Lot or Street Frontage
One, none
on Main
Street
One, unless more are required by the City for public
services
One One, unless
more are
required by the
City for public
services
Section 202.04(d) Parking
Series 200: Base Districts
55 TABLE 202.03: DEVELOPMENT STANDARDS – DOWNTOWN DISTRICTS Standard DR-N DR-S DR-D D-MX DRM-2 DRM-3 D-PO D-GC D-PS Additional Standards Maximum Curb Cut Width (ft) 20 20 20 20 20 20 10 20 20
Landscaped Setback between Parking and Street (ft)
5 5; 10 on
Main,
Orange, and
C Streets
5, 10 on
D St
5, 10 on
Main St
10 10 10 5 10 Chapter 303
Landscaping
Setback of Parking from Buildings
5 5 5 5 10, 5 may be
occupied by a
pedestrian
walkway paved
with tile, stone,
brick, concrete,
or comparable
material.
5, may be
occupied
by a
pedestrian
walkway
with tile,
stone,
brick,
concrete, or
comparable
material.
5 10
Parking Lot Location Standards Apply
Yes Yes Yes Yes Yes Yes Yes Yes Yes Section 202.04(d)
Parking
Open Space and Landscaping Usable Open Space (sq ft per residential unit) 75 75 - 100 150, 50 of which
shall be private
- - - Section 202.04(e) Open
Space
Additional Standards Supplemental Regulations Apply
Yes Yes Yes Yes Yes Yes Yes Yes Yes Section 202.04
Supplemental Regulations
Series 200: Base Districts
56 This page intentionally left blank
Series 200: Base Districts
57 Additional Development Regulations:
(a) Determining FAR. When determining FAR in the D-PS district, meeting rooms, cafeteria facilities, and conference facilities are excluded from floor area. (b) Retail Stores or Shopping Centers. The percent of building at setback line requirement may be waived with Conditional Use Permit approval for retail stores or shopping centers with a gross floor area of fifty thousand (50,000) square feet or greater when the City Council finds that alternative features have been incorporated into the project to achieve pedestrian orientation and to accommodate pedestrians and bicycle access.
(c) Transitional Standards. When a site is adjacent to an R district, the following standards apply:
(1) Buildings exceeding twenty (20) feet in height must be set back five (5) feet from the interior side and rear property line; for buildings exceeding twentyfive (25) feet in height shall be stepped back one (1) additional foot for every foot of height above twenty-five (25) feet.
(2) The maximum height within forty (40) feet of an R district boundary is thirty-five (35) feet. The maximum height within fifty (50) feet of an R district boundary is forty (40) feet.
202.04 Supplemental Regulations
(a) Design Guidelines. All development shall comply with the Downtown Design Guidelines adopted by resolution.
(b) Maximum Block Length. Block length in the downtown districts are limited to five hundred (500) feet, measured from curb edge to curb edge. A block length of up to six hundred (600) feet shall only be allowed when a mid-block pedestrian connection is provided.
(c) Street Preservation. Existing streets in Downtown shall be preserved. Public rightof-way shall not be eliminated or abandoned unless substantial public benefits are provided such as a new park.
(d) Parking. Parking shall be provided and maintained according to the general standards of Chapter 304, On-site Parking and Loading, as well as the standards of this subsection.
(1) Parking Location
a. Parking shall be located at the rear of the site or at the side of the building.
b. Parking shall not be located between a public street and a building except for double frontage lots. Parking shall only be located between a public street and a building in the rear of a double frontage lot where no other alternative exists.
Porterville Development Ordinance
58 c. The parking location requirements may be waived with Conditional Use Permit approval for retail stores or shopping centers with a gross floor area of fifty thousand (50,000) square feet or greater when the City Council finds that alternative features have been incorporated into the project to achieve pedestrian orientation and to accommodate pedestrians and bicycle access.
(2) Parking Lot Access
a. Access shall be provided from a side street or alley when they are available.
b. Commercial parking lot access shall not be provided from a residential street where alternate access is available. c. Wherever possible, parking entrances shall share curb cuts in order to minimize the overall number of curb cuts.
(3) Residential Parking
a. Garages or other enclosed or covered parking facilities for use by residents shall not be a significant visible feature from the public street or from adjacent bikeways, sidewalks or other pedestrian amenities.
b. Residential parking shall be clearly signed and reserved for the residents.
(e) Open Space
(1) Open Space - Residential Uses. Private and common open space areas shall be provided in multi-family developments in accordance with this section.
Private areas typically consist of balconies, decks, patios, and fenced yards.
Common areas typically consist of landscaped areas, patios, swimming pools, barbeque areas, playgrounds, trees, bushes, groundcover, and turf. a. Minimum Dimensions. Open space shall have the following minimum dimensions in order to count towards open space requirements:
1. Open space located on the ground level (e.g., common areas, decks, patios): ten (10) feet.
2. Open space located above ground level (e.g., balconies): five (5) feet.
b. Usability. A surface shall be provided that allows convenient use for outdoor living and/or recreation. Such surface shall be a combination of lawn, garden, flagstone, wood planking, concrete, or other serviceable, dust-free surfacing. Slope shall not exceed ten (10) percent.
c. Accessibility.
1. Private Open Space. The space shall be accessible to only one (1) residential unit by a doorway to a habitable room or hallway.
Series 200: Base Districts
59 2. Common Open Space. The space shall be accessible to all the residential units on the lot.
d. Existing Buildings. If the project involves the renovation of an existing building and it is not feasible to provide outdoor open space, open space shall be provided in interior common areas such as a community or fitness room.
(2) Open Space - Commercial Uses. Commercial developments on lots greater than fifteen thousand (15,000) square feet shall provide a plaza or outdoor dining area which provides public seating and is accessible from the public sidewalk.
a. Minimum Size: three hundred (300) square feet for lots between fifteen thousand (15,000) and thirty thousand (30,000) square feet in size; six hundred (600) square feet for lots thirty thousand (30,000) square feet in size or larger.
b. Minimum Dimensions: Twelve (12) feet.
c. Parking Lot Buffering. The required public area shall be separated from any parking area with a minimum five (5) foot wide landscaped buffer area and screened with a decorative wall or berm (two and one-half to three and one-half (2.5 to 3.5) feet high.
(f) On-Site Pedestrian Walkways. In the D-PO District, all front yards shall contain a continuous front walk connecting the public sidewalk to the front entrance steps of the building. In all other districts, on-site pedestrian circulation and access shall be provided according to the following standards.
(1) Internal Connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities. (2) To Street Network. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage. Such walkway shall be the shortest practical distance between the main entry and sidewalk. (3) To Neighbors. Direct and convenient access shall be provided from commercial and mixed-use projects to adjoining neighborhood residential and commercial streets. These connections shall remain accessible at all times, and not be gated.
(4) Pedestrian Walkway Design
a. Walkways shall be a minimum of five (5) feet wide and shall be paved with concrete, stone, tile, brick, or comparable material. b. Fifteen (15) gallon shade trees shall be planted along walkways at least thirty (30) feet on center.
c. Walkways shall be illuminated with an intensity of at least 0.25 footcandles at the ground level during the hours of darkness. d. Primary pedestrian routes and access points shall be clearly differentiated from driveways, parking aisles, and parking and Porterville Development Ordinance
60 loading spaces through the use of elevation changes, a different paving material, or similar method.
e. Where a required walkway is parallel and adjacent to an auto travel lane, it shall be raised or separated from the auto travel lane by a raised curb at least four (4) inches high, bollards, or other physical barrier.
(g) Public Improvements. Any new commercial or multi-family buildings or structural alterations and additions to commercial or multi-family buildings with a combined building permit valuation of $17,544, adjusted annually based on Engineering News Records analysis, over a two (2) year period, shall provide public improvements between the building and the curb in accordance with the following:
(1) Sidewalks. Sidewalks shall be provided if none already exist or if the existing sidewalks are in poor condition.
(2) Street Furniture. Trash receptacles, benches, bike racks, and other street furniture from a list maintained by the City Planning Department shall be provided.
(3) Street Lights. Pedestrian scaled street lights (twelve (12) to eighteen (18) feet tall), including attachments from which banners may be hung, from a list maintained by the City Planning Department shall be provided. (4) Street Trees. Shade trees shall be planted at least thirty (30) feet on center.
Tree guards shall be provided. Trees shall be a minimum of fifteen (15) gallons in size. A minimum of ten (10) percent of the required trees shall be twenty-four (24) inch box size or larger.
(5) Sidewalk Shade. A minimum of fifty (50) percent of the sidewalk shall be shaded by a double row of trees, or a building projection (awning, overhang, or pedestrian shade structure) on one side and a street tree on the other side.
In areas where one hundred (100) percent of the building is to be at the property line, this requirement can only be met by a building projection on one side and a street tree on the other side. If trees are used, the required amount of shading must be achieved within fifteen (15) years.
Series 200: Base Districts
61 FIGURE 202.04(G)(5): SIDEWALK SHADE
(h) Fences and Freestanding Walls
(1) Maximum Height
a. Within or Along Required Yards. No solid fence or freestanding wall within or along the exterior boundary of a required yard shall exceed a height of three and one-half (3.5) feet. Open or lattice type fences, or hedges, shall not exceed a height of four (4) feet.
b. Outside Required Yards. Solid fences or freestanding wall located outside of required yards shall be no higher than six (6) feet in height.
(2) Design and Materials. Fencing visible from a street shall be treated as an integral part of the architecture, with materials, colors, and detailing drawn from the building they surround or adjoin. Colors shall match City color specifications.
a. Prohibition on Hazardous Fencing Materials. The use of barbed wire, razor wire, ultra barrier, electrified, and other hazardous fencing is not permitted.
b. Prohibition on Chain Link Fencing. Use of chain-link fencing or like material is not permitted in front or street-facing yards, and is permitted only in rear and interior side yards that do not abut public and semi-public land uses.
c. Limitation on Concrete Block. Plain, concrete block or slump stone is not permitted as a fencing material. Smooth-faced or “precision” concrete block shall be finished with stucco and capped with a decorative cap. Decorative block is an acceptable fencing material. (3) Visibility at Intersections. Notwithstanding any other provisions of this section, fences and walls shall comply with the visibility standards contained in Section 300.16, Visibility at Driveways and Intersections (Sight Distance).
Porterville Development Ordinance
62 (i) Building Projections
(1) Front Porches and Building Entrances. Front porches and building entrance structures may encroach up to ten (10) feet into front and side yards facing the street for up to forty (40) percent of the lot frontage. (2) Architectural Projections. Bay windows, balconies, and other architectural features such as chimneys may project into required yards up to three (3) feet.
(3) Building Projections into the Public Right-of-Way. Building projections may encroach into the public right-of-way up to three (3) feet for the purpose of providing shade over the sidewalk, provided they are no closer than twelve (12) feet from sidewalk grade. The maximum width of any projection is ten (10) feet.
FIGURE 202.04(I)(3): PROJECTIONS INTO RIGHT-OF-WAY
(4) Awnings and Overhangs. Awnings, overhangs, and pedestrian shade structures, may encroach into the public right-of-way up to eight (8) feet for the purpose of providing shade over the sidewalk, provided they are at least ten (10) feet above sidewalk grade. Awnings and canopies shall comply with the Downtown Design Guidelines adopted by Resolution 48-2010.
Series 200: Base Districts
63 FIGURE 202.04(I)(4): AWNINGS AND OVERHANGS
(j) Building Design.
(1) Commercial Building Design.
a. Ground Floor Windows. Facades facing streets, plazas, and courtyards shall be lined with windows. Where blank walls are necessary, they shall be on side or interior facades not facing streets.
Exterior walls facing an adjacent public street, or facing onto a park, plaza, or other public outdoor space shall include windows, doors, or other openings for at least fifty (50) percent of the building wall area located between two and one-half (2.5) and seven (7) feet above the elevation of the sidewalk.
FIGURE 202.04(J)(1)A: GROUND FLOOR WINDOWS
b. Limits on Blank Walls. No wall shall run in a continuous plane for more than twenty (20) feet without an opening on Main Street and Olive Avenue, and for more than thirty (30) feet on other streets.
Porterville Development Ordinance
64 Openings fulfilling this requirement shall have transparent glazing and provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displays that are at least three (3) feet deep.
FIGURE 202.04(J)(1)B: LIMITS ON BLANK WALLS
c. Wall Plane Articulation. Windows, doors, columns, and other features shall be recessed or project forward from the wall plane, such that there is a minimum two (2)-inch recess of the window plane from the wall plane, a minimum four (4)-inch projection from the window plane and outer edge of trim, and a total of at least nine (9) inches from the window plane to the outermost plane of a wall, column, or other articulation feature.
Series 200: Base Districts
65 FIGURE 202.04(J)(1)C: WALL PLANE ARTICULATION
d. Building Articulation. Commercial building facades shall include building projections or recesses, doorway and window trim, and other details that provide architectural articulation and design interest.
e. Exterior Building Materials and Colors
1. A unified palette of materials and colors shall be used on all sides of buildings regardless of orientation.
2. Exterior building materials shall be brick, stucco, concrete block, painted wood clapboard, painted metal clapboard or other quality, durable materials approved by the Zoning Administrator.
3. The building base (bulkhead) shall be tile, stone, brick, concrete, or other comparable durable material; stucco is prohibited.
Porterville Development Ordinance
66 4. The exterior use of slump block, board and batten, dark reflective glass, galvanized metal, and wood or composition shingles is prohibited. Colors shall reflect the historic character of Downtown. Fluorescent paints, blues, purple, bright red or orange, pink, and bright green are prohibited on Main Street.
f. Building Entrances
1. Buildings shall be oriented to face public streets.
2. Building frontages shall be generally parallel to streets, and the primary building entrances shall be located on a public street.
3. Building entrances shall be emphasized with special
architectural and landscape treatments.
4. Rear entry doors, door frames, door hardware, signs and lighting fixtures shall match types utilized on the front facade and/or that are appropriate to the parent building’s historic period.
5. In mixed-use developments, entrances to residential units shall be physically separated from the entrance to the
permitted commercial use and clearly marked with a physical feature such as a recess or projection incorporated into the building or appropriately scaled element applied to the facade. (2) Residential Building Design
a. Residential Architectural Articulation. All multiple-family residential buildings and mixed-use buildings that include residential uses shall include adequate design features to create visual variety and avoid a large-scale and bulky appearance. Long facades shall be broken up into smaller modules. This requirement can be met by using two (2) or more of the following methods.
1. Facade Articulation. All street-facing facades have at least one (1) horizontal or vertical projection or recess at least four (4) feet in depth, or two (2) projections or recesses at least two and one-half (2.5) feet in depth, for every twenty-five (25) horizontal feet of wall. If located on a building with two (2) or more stories, the articulated elements shall be greater than one (1) story in height, and may be grouped rather than evenly spaced in twenty-five (25) foot modules. Building entrances and front porches and projections into required yards such as stoops, bays, overhangs, fireplaces, and trellises may count towards meeting this requirement.
Series 200: Base Districts
67 FIGURE 202.04(J)(2)(A)I: FACADE ARTICULATION
2. Variable Roof Form. Variable roof forms incorporated into the building design, and no more than two (2) side-by-side units are covered by one (1) unarticulated roof. Articulations may be accomplished by changing roof height, offsets, and direction of slope, and by introducing elements such as dormers, towers, or parapets.
3. Facade Detailing and Materials. All visible building facades incorporate details, such as window trim, window recesses, cornices, changes in materials or other design elements, in an integrated composition. Each side of a building that is visible from a public right-of-way shall be designed with a
complementary level of detailing and quality of materials.
4. Use of Balconies, Bay Windows, and Other Such Projections or Recesses. The building incorporates balconies, bay
windows, entry porches or other projections and recesses in a pattern that creates architectural interest across the length of the facade.
b. Residential Building Facade and Entrances. The following standards apply to residential buildings and mixed-use projects that include residential uses.
1. Orientation. All units located along public rights-of-way shall have the primary entrance facing this right-of-way.
Exceptions to this requirement shall only be approved for projects where multiple-family housing is located on four (4) lane streets carrying high traffic volumes and/or streets that do not allow on-street parking. In such cases, the project shall be oriented around courtyards.
2. Street-facing Facades. Street-facing facades of residential buildings shall be designed as front facades and shall include stoops, porches, recessed windows, and bay windows or
balconies.
3. Projection or Recess. Building entrances shall have a roofed projection (such as a porch) or recess with a minimum depth of at least five (5) feet and minimum area of fifty (50) square Porterville Development Ordinance
68 feet. Alternative designs that create a welcoming entry feature facing the street, such as a trellis or landscaped courtyard entry, may be approved.
4. Entrances. Provide at least one (1) building entrance for every one hundred (100) feet of street frontage.
(k) Mechanical Equipment. Mechanical equipment, including rooftop mechanical equipment, shall be screened from view from eye level at public streets, and the screening shall be designed as an integral component of the architectural design. (l) Utilities Screening. Utility meters and related equipment shall be located only on the side or rear facade of buildings and shall be integrated into the building architecture through painting or other means.
(m) Building Security. Components of building security shall be integrated into the building’s design and be effective but not obtrusive in accordance with the following standards:
(1) Security doors shall not encroach into the public right-of-way, in either an opened or closed position.
(2) Lighting shall be provided at all entryways to the building and in any alcoves or other features of the building which impede the ability for visual surveillance of the building and its public areas.
(3) Where security grills are required or otherwise provided, they shall be painted to match the trim colors of the building. Unobtrusive roll-down grilles with thin vertical and horizontal elements are preferred; heavy steel and accordion fold grates are discouraged.
(4) Grilles, security doors, and other security devices designed for nighttime security shall not be readily visible to the public during business hours or when they are in an open position.
Series 200: Base Districts
69 Chapter 203 Commercial Districts
Sections:
203.01 Purpose
203.02 Land Use Regulations
203.03 Development Regulations
203.04 Supplemental Regulations
203.01 Purpose
The specific purposes of the “Commercial” Districts are to:
(a) Provide for a full range of commercial uses.
(b) Strengthen the city’s economic base and provide employment opportunities for residents of the city.
(c) Ensure the provision of services and facilities needed to accommodate planned population densities.
(d) Identify appropriate standards for new development.
Additional purposes of each “Commercial” District:
CN Neighborhood Commercial. To encourage convenience and neighborhood shopping areas providing day-to-day retail goods and services and to prohibit auto-oriented uses in order to maintain a pedestrian environment. This district also provides office space for local neighborhoods. The maximum FAR is 0.30.
CR Retail Centers. To maintain areas for regional shopping centers located at major circulation intersections. Large format or “big box” retail and auto sales as well as travel related services, such as hotels and gas stations are allowed. The maximum FAR is 0.35.
CG General and Service Commercial. To provide areas for retail and services uses that meet local and regional demand. Examples of allowable uses include: equipment rental and repair, commercial print shops, auto sales, storage facilities, and wholesale businesses, and specialized retail not normally found in shopping centers. Accessory office uses related to the primary commercial use are also allowed. The maximum FAR is 0.40.
CMX Commercial Mixed-Use. To provide areas for either horizontal or vertical mixed-use development consisting of commercial, service, office, and residential uses. Buildings more than one story are strongly encouraged. The maximum FAR is 2.0 and the maximum residential density is 30.0 units per acre.
203.02 Land Use Regulations
Table 203.02 below prescribes the land use regulations for “Commercial” Districts. The regulations for each district are established by letter designations as follows:
Porterville Development Ordinance
70 “P” designates permitted uses.
“C” designates use classifications that are permitted after review and approval of a Conditional Use Permit by the City Council.
“M” designates use classifications that are permitted after review and approval of a Minor Conditional Use Permit by the City Council.
“(#)” numbers in parentheses refer to specific limitations listed at the end of the table. “-” designates uses that are not permitted.
Use classifications are defined in Chapter 701, Use Classifications. In cases where a specific land use or activity is not defined, the Zoning Administrator shall assign the land use or activity to a classification that is substantially similar in character. Use classifications and subclassifications not listed in the table or not found to be substantially similar to the uses below are prohibited. The table also notes additional use regulations that apply to various uses. Section numbers in the right hand column refer to other sections of this Ordinance.
TABLE 203.02: LAND USE REGULATIONS—COMMERCIAL DISTRICTS Use Classifications CN CR CG CMX Additional Regulations Residential Uses
Multi-Family Residential - - - P(1)
Family Day Care Home See subclassifications below
Small - - - P
Large - - - P Section 301.07 Family Day
Care Home, Large
Group Residential - - - P(2)
Residential Care Facilities,
Limited
- - - P
Public and Semi-Public Uses
Clubs and Lodges C - P P Section 301.02 Alcoholic
Beverage Sales
Colleges and Trade Schools,
Public or Private
- - C C
Community Centers P - - C
Cultural Institutions C - C C
Day Care Centers C - - C
Instructional Services P - P P
Park and Recreation Facilities,
Public
P - P P
Series 200: Base Districts
71 TABLE 203.02: LAND USE REGULATIONS—COMMERCIAL DISTRICTS Use Classifications CN CR CG CMX Additional Regulations Religious Facilities C C C C
Residential Care Facilities,
General
- - - C Section 301.15 Residential
Care Facilities, General
Social Service Facilities - P P C Section 301.19 Social Service Facilities
Commercial Uses
Animal Care, Sales and
Services
See subclassifications below
Kennels M(4) - M(4) -
Pet Stores M(4) M(4) P(4) -
Veterinary Services, Small - - P(4) -
Artists’ Studios P - P P
Automobile/Vehicle Sales and
Services
See subclassifications below
Automobile/Vehicle Rentals. - P P -
Automobile/Vehicle Sales
and Leasing.
- C P -
Automobile/Vehicle Repair,
Major.
- - P - Section 301.04
Automobile/Vehicle Service
and Repair
Automobile/Vehicle Service
and Repair, Minor.
- P P - Section 301.04
Automobile/Vehicle Service
and Repair
Automobile/Vehicle
Washing.
- C P - Section 301.05 Auto
Service Stations and Car
Washing
Large Vehicle and
Equipment Sales, Service
and Rental.
- - C - Section 301.04
Automobile/Vehicle Service
and Repair
Service Station. C(3) C C C Section 301.05 Auto
Service Stations and Car
Washing
Banks and Financial Institutions See subclassifications below Banks and Credit Unions P(5) P P P
Check Cashing Businesses - P P P
Building Materials and Services - P(6) P(6) -
Business Services P(3,7) P P P
Porterville Development Ordinance
72 TABLE 203.02: LAND USE REGULATIONS—COMMERCIAL DISTRICTS Use Classifications CN CR CG CMX Additional Regulations Commercial Entertainment and
Recreation
See subclassifications below
Cinema/Theaters - P P C Section 301.02 Alcoholic
Beverage Sales
Large-scale - - C(8) - Section 301.02 Alcoholic
Beverage Sales
Small-scale - P P C Section 301.02 Alcoholic
Beverage Sales
Eating, Drinking, and Smoking
Establishments
See subclassifications below
Bars/Night Clubs/Lounges - C C C Section 300.08 Outdoor Seating; Section 301.02
Alcoholic Beverage Sales
Coffee Shops/Cafes P(5) P P P Section 300.08 Outdoor
Seating
Restaurants, less than 3,000
square feet
P(5) P P P Section 300.08 Outdoor
Seating; Section 301.02
Alcoholic Beverage Sales
Restaurants, greater than
3,000 square feet
C(5) P P P Section 300.08 Outdoor
Seating; Section 301.02
Alcoholic Beverage Sales
Tobacco Bars - M M M
Food and Beverage Retail Sales P(9) P P P(9) Section 301.02 Alcoholic Beverage Sales
Funeral Parlors and Mortuaries - C P -
Hotels and Motels - C C C
Light Fleet Based Services - - P -
Maintenance and Repair
Services
P(10) P(10) P P(10)
Medical Facilities See subclassifications below
Medical Clinic - P(12) P P(12)
Professional/Medical - P(12) P P(12)
Mixed Use Development C Section 203.04
Supplemental Regulations
Nurseries and Garden Centers - P P P
Offices See subclassifications below
General Offices P(11) P(12) P P
Series 200: Base Districts
73 TABLE 203.02: LAND USE REGULATIONS—COMMERCIAL DISTRICTS Use Classifications CN CR CG CMX Additional Regulations Walk-In Clientele P(13) P(12) P P(13)
Parking, Public or Private P(14) P P P(14)
Personal Services P P P P
Retail Sales See subclassifications below
Less than 50,000 square feet P P P P
50,000 square feet or more - C C -
Swap Meet - C C -
Wholesaling and Distribution - - P -
Industrial Uses
Construction and Material Yards - - C - Section 300.09 Outdoor Storage
Handicraft/Custom
Manufacturing
- P(15) P -
Industry, Limited - - P -
Recycling Facilities See subclassifications below
Reverse Vending Machine P P P P Section 301.14 Recycling Facilities
Recycling Collection Facility - C P - Section 301.14 Recycling Facilities
Recycling Processing Facility - - C - Section 301.14 Recycling Facilities
Warehousing and Storage See subclassifications below
Chemical, Mineral, and
Explosives Storage
- C -
Indoor Warehousing and
Storage
- - P -
Personal Storage - C P C Section 301.13 Personal
Storage Facilities
Transportation, Communication, and Utilities Uses
Communication Facilities See subclassifications below
Antenna and Transmission
Towers, camouflage facilities
P P P P Section 301.20
Telecommunication
Facilities
Antenna and Transmission
Towers, non-camouflage
facilities
M(16) M(16) M(16) M(16) Section 301.20
Telecommunication
Facilities
Porterville Development Ordinance
74 TABLE 203.02: LAND USE REGULATIONS—COMMERCIAL DISTRICTS Use Classifications CN CR CG CMX Additional Regulations Broadcasting Facility - M M Section 301.20
Telecommunication
Facilities
Call Center - P(3) P -
Recording Studio - P(4) P(4) -
Freight/Truck Terminals and
Warehouses
- - C -
Transportation Passenger
Terminals
- P P -
Utilities, Minor P P P P
Agricultural and Extractive Uses
Crop Cultivation, Commercial M M M M Section 301.06 Crop Cultivation
Other Applicable Types
Accessory Uses and Structures P P P P Section 301.01 Accessory Uses and Structures
Animal Keeping - - - P Section 301.03 Animal
Keeping
Caretaker Unit - P(18) P(18) P(18)
Home Occupations - - - P Section 301.09 Home
Occupations
Nonconforming Use Chapter 307 Nonconforming Uses, Structures, and Lots Temporary Use Section 301.21 Temporary Uses
Specific Limitations:
1. Multi-family Residential are permitted in conjunction with allowable non-residential uses.
2. Limited to no more than two rooms in a dwelling rented to not more than a total of four persons and meals are not provided to more than four boarders.
3. Limited to establishments with a gross floor area of 5,000 square feet or less.
4. Provided that such use shall be completely enclosed in a building of soundproof construction.
5. Drive-through facilities are prohibited.
6. Bulk storage of sand, gravel or cement is not allowed.
7. Wholesale services are not allowed.
8. Campgrounds are prohibited.
9. Limited to establishments with a gross floor area less than 50,000 square feet.
10. Outdoor work and outdoor storage is prohibited.
11. General offices shall not be located on the ground floor.
12. Minor Conditional Use Permit approval is required for office, business, or professional uses greater than Series 200: Base Districts
75 TABLE 203.02: LAND USE REGULATIONS—COMMERCIAL DISTRICTS Use Classifications CN CR CG CMX Additional Regulations 5,000 square feet in size per lot or integrated commercial development.
13. Limited to establishments with a gross floor area less than 1,500 square feet.
14. Limited to parking areas for exclusive use of occupants, employees and patrons of the uses, buildings, stores, and businesses located in that zone.
15. Limited to establishments with a gross floor area less than 2,000 square feet.
16. Prohibited within 300 feet of any R district.
17. Limited to radio or television studios.
18. Limited to one dwelling for a caretaker or watchman and his immediate family, necessary and incidental to a use located in such zone.
203.03 Development Regulations
Table 203.03 prescribes the development standards for the Commercial Districts.
Additional regulations are denoted in the right hand column. Section numbers in this column refer to other sections of this Ordinance, while individual letters refer to subsections that directly follow the table.
TABLE 203.03: DEVELOPMENT STANDARDS—COMMERCIAL DISTRICTS Standard CN CR CG CMX Additional Standards
Lot and Density Standards
Minimum Lot Area (sq ft) 6,000 5,000 5,000 5,000 Section 203.03(a) Minimum Lot Width (ft) 60 60 60 60 Section 203.03(a)
Minimum Lot Depth (ft) 75 75 75 75 Section 203.03(a)
Maximum Density (units/net
acre)
n/a n/a n/a 30.0 Section 203.04(b) Mixed Use
Standards
Minimum Area per Unit (sq
ft)
n/a n/a n/a 800
Building Form and Location
Maximum Height (ft) 35 50 50 50 Section 203.03(b); Section 300.06 Heights and Height Exceptions
Minimum Yards (ft) Section 300.16 Visibility at
Driveways and Intersections
Front 5 min,
10 max
5 5 5 Section 300.01 Building
Projections into Yards
Interior Side 0 0 0 0 Section 203.03(b); Section 300.01 Building Projections into Yards
Street Side 5 min,
10 max
5 5 5 Section 300.01 Building
Projections into Yards
Porterville Development Ordinance
76 TABLE 203.03: DEVELOPMENT STANDARDS—COMMERCIAL DISTRICTS Standard CN CR CG CMX Additional Standards
Rear 0 0 0 0 Section 203.03(b); Section 300.01
Building Projections into Yards
Transitional – Street side 5 min,
15 max
15 15 15 Section 203.03 (b) Transitional
Standards
Maximum Floor Area Ratio .30 .35 .40 2.0
Percent of Building at
Setback or Property Line
70 n/a n/a n/a
Additional Standards
Usable Open Space (sq ft
per unit)
n/a n/a n/a 150 Section 203.04(b) Mixed Use
Standards
Additional Development Standards:
(a) Exceptions to Minimum Lot Size, Width, and Depth. An exception to the minimum lot size, width and depth may be allowed with a Conditional Use Permit if a master plan for the site is submitted concurrently with the subdivision application.
The plan shall indicate proposed land uses, building footprints, driveways, fire lanes, parking areas, landscaped areas, buffer yards, and other site features. The City Council must find that the proposed subdivision will create lots that are adequately sized, shaped, and oriented to meet or exceed all requirements for yards, buffer yards, parking, landscaping, fire lanes, and other requirements of this Ordinance.
(b) Transitional Standards. Where a site is adjacent to an R district, the following standards apply:
(1) Buildings exceeding twenty (20) feet in height must be set back five (5) feet from the interior side and rear property line; for buildings exceeding twentyfive (25) feet in height shall be stepped back one (1) additional foot for every foot of height above twenty-five (25) feet.
(2) The maximum height within forty (40) feet of an R district boundary is thirty-five (35) feet. The maximum height within fifty (50) feet of an R district boundary is forty (40) feet.
Series 200: Base Districts
77 FIGURE 203.03(B)(2): COMMERCIAL DISTRICT TRANSITIONAL STANDARDS (c) Increased Yard for Certain Institutional Uses. Any building erected or used for a school, government, or other institutional use mentioned elsewhere in this Ordinance, shall be located at least fifteen (15) feet from an R district, notwithstanding any lesser requirement in the district where located, provided such building shall not be required to be located more than five (5) feet from any lot line adjacent to any alley. The City Council may waive this requirement for accessory buildings to provide reasonable accommodation.
(d) Articulated Facades. Buildings shall provide adequate architectural articulation and detail to avoid a bulky and “box-like” appearance. The building facade shall be articulated with measures such as, indentation in plane, change of materials in a complimentary manner, sensitive composition and juxtaposition of openings and solid wall and/or building frame, and projecting elements, such as awnings or marquees, to provide shade and shelter.
203.04 Supplemental Regulations
(a) Pedestrian Orientation. Pedestrian oriented design shall be provided in the CN and CMX districts according to the following standards:
(1) Pedestrian-Oriented Design. The following design elements at ground floor street frontage level shall be incorporated into the design of the structure in order to provide pedestrian orientation.
a. Ground-Floor Windows. Exterior walls facing an adjacent public street, or facing onto a park, plaza, or other public outdoor space shall include windows, doors, or other openings for at least fifty (50) percent of the building wall area located between two and one-half (2.5) and seven (7) feet above the elevation of the sidewalk. No wall my run in a continuous plane for more than twenty (20) feet without an opening. Openings fulfilling this requirement shall have transparent glazing and provide views into work areas, display areas, Porterville Development Ordinance
78 sales areas, lobbies, or similar active spaces, or into window displays that are at least three (3) feet deep.
b. Entrances. All ground floor tenant spaces with at least twenty-five (25) feet of frontage facing a public or private street shall have at least one building entrance oriented to the adjacent street. Such an entrance shall open directly to the outside and shall not require a pedestrian to first pass through a garage, parking lot or loading area to gain access.
c. Signage. Signage shall be integrated with the design of the building and oriented and scaled to the pedestrian.
d. Other Pedestrian-Oriented Design Elements. Other pedestrianoriented design elements such as street furniture or other seating surfaces on private property and other design amenities scaled to the pedestrian such as awnings, drinking fountains, arcades, colonnades, plazas, non-commercial community bulletin boards, public or private art, and alternative paving materials shall be provided in areas of pedestrian access. Compliance may also be demonstrated by pedestrian-oriented design elements that are provided off-site.
FIGURE 203.04(A)(1): PEDESTRIAN-ORIENTED DESIGN
(2) Pedestrian Access. On-site pedestrian circulation and access shall be provided according to the following standards.
Series 200: Base Districts
79 a. Internal Connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities.
b. To Street Network. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage.
Such walkway shall be the shortest practical distance between the main entry and sidewalk.
c. To Neighbors. Direct and convenient access shall be provided from commercial and mixed-use projects to adjoining neighborhood residential and commercial streets. These connections shall remain accessible at all times, and not be gated.
d. Pedestrian Walkway Design
1. Walkways shall be a minimum of five (5) feet wide and shall be paved with concrete, stone, tile, brick, or comparable material.
2. Fifteen (15) gallon shade trees shall be planted along walkways at least thirty (30) feet on center.
3. Walkways shall be illuminated with an intensity of at least
0.25 foot-candles at the ground level during the hours of darkness.
4. Primary pedestrian routes and access points shall be clearly differentiated from driveways, parking aisles, and parking and loading spaces through the use of elevation changes, a
different paving material, or similar method.
5. Where a required walkway is parallel and adjacent to an auto travel lane, it shall be raised or separated from the auto travel lane by a raised curb at least four (4) inches high, bollards, or other physical barrier.
Porterville Development Ordinance
80 FIGURE 203.04(A)(2) PEDESTRIAN ACCESS
(3) Driveway Restrictions; Location of Parking
a. Access. Access shall be provided from a side street or alley wherever possible. Access shall not be provided from a residential street where alternate access is available.
b. Location of Parking. Parking areas shall be located at the rear of the site or at the side of the building, except for drop-off areas which may be located at the primary entry.
Series 200: Base Districts
81 FIGURE 203.04(A)(3)B: LOCATION OF PARKING
(b) Mixed Use Standards. In the CMX district, residential uses may be permitted if all of the following conditions are met:
(1) Location of Residential Units. Residential units are permitted at the side, rear and/or above the commercial uses.
(2) Residential Building Entry and Orientation Requirements a. Entrances to residential units shall be physically separated from the entrance to the permitted commercial uses and clearly marked with a physical feature incorporated into the building or an appropriately scaled element applied to the facade.
b. Garages or other enclosed or covered parking facilities for use by residents shall not be significantly visible feature from the public street or from adjacent bikeways, sidewalks or other pedestrian amenities. Residential parking shall be clearly signed and reserved for the residents.
(3) Usable Open Space. A minimum of one hundred fifty (150) square feet of usable open space is required per residential unit and may be provided as common or private open space on balconies or patios.
(4) Side and Rear Yard Setback Requirements for Residential Units. In order to provide light and air for residential units in mixed-use buildings, the following minimum setbacks apply for any interior side or rear yard. In any case in which an interior yard is also adjacent to an R district boundary, the greater of the following setbacks shall apply.
Porterville Development Ordinance
82 a. Five (5) feet for any wall with windows.
b. Ten (10) feet for any wall with bedroom or kitchen windows. c. Fifteen (15) feet for any wall with living room or other primary windows.
FIGURE 203.04(B)(4): SIDE AND REAR YARD SETBACK REQUIREMENTS FOR
RESIDENTIAL USES IN CMX DISTRICT
(c) Commercial Centers. Commercial centers containing four (4) or more establishments in the Commercial Use classification are subject to the following standards and criteria for approval.
(1) Standards
a. Entry Plazas/Passenger Loading Areas. A plaza shall be provided at the entry to each anchor tenant that provides for pedestrian circulation and loading and unloading.
Series 200: Base Districts
83 b. Pedestrian Walkways. A system of pedestrian walkways at least five (5) feet wide and paved with concrete, stone, tile, brick, or comparable material shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, to any on-site open space areas and to transit stops. Sidewalk “bulb-outs” or bus “pullouts” may be required at potential bus stops serving large-scale commercial development to provide adequate waiting areas for transit users and safety for passing motorists.
c. Parking Setback from Buildings. Parking areas must be separated from the front and side exterior walls of on-site buildings by walkways at least five (5) feet in width, as well as a planter areas at least five (5) feet in width, two (2) feet of which shall be low growing plants to allow for vehicle overhang.
FIGURE 203.04(C)(1)C: PARKING SETBACK FROM BUILDINGS
d. Location of Loading and Service Areas. Loading docks may only be located to the side and rear of buildings and shall be screened from view from adjacent public streets. Loading and service areas shall be located a minimum distance of fifty (50) feet from any residential district.
Porterville Development Ordinance
84 FIGURE 203.04(C)(1)D: LOCATION OF LOADING AND SERVICE AREAS e. Open Space. Outdoor space for the use of customers and visitors shall be provided on any commercial center site with fifty thousand (50,000) square feet or more of floor area.
1. Minimum Area. Public space shall be provided at a rate of five (5) square feet per one thousand (1,000) square feet of floor area, up to fifteen thousand (15,000) square feet.
2. Location. Such public space shall be visible from a public street, or from on-site areas normally frequented by
customers, and shall be accessible during business hours.
Areas within required setbacks may count toward the public space requirement. Areas designated for customers to wait for cabs may be combined with required public space areas if they meet all other requirements of this subsection.
3. Amenities. On-site public space shall include benches or other seating, and the ground surface shall be landscaped or
surfaced with high-quality paving materials. Amenities shall be included that enhance the comfort, aesthetics, or usability of the space, including but not limited to trees and other landscaping, shade structures, drinking fountains, water features, public art, or performance areas.
Series 200: Base Districts
85 (2) Design Criteria. In order to receive permit approval for a commercial center, the review authority shall find that all of the following criteria have been met.
a. Integrated Theme. Buildings and structures will exhibit an integrated architectural theme that includes similar or complementary materials, colors, and design details.
b. Site Entrance. Community-scale commercial developments (10 acres or larger) are developed with at least one (1) major driveway entrance feature that provides an organizing element to the site design. Major driveway entrances include such features as a landscaped entry corridor or a divided median drive separated by a landscaped center dividing island.
c. Building Entrances. Building entrances to anchor tenants and other large stores are prominent and inviting. The architectural details of building entrances are integrated with the overall building design in terms of materials, scale, proportion, and design elements. d. Four-Sided Architecture. Buildings include a complementary level of design detail on all facades.
e. Pad Developments. Freestanding pad developments, if included in the development, are integrated into the site design in terms of parking lot layout, on-site vehicular and pedestrian circulation routes, landscaping, and building design. Internal cross access is provided between pad developments and the surrounding commercial center.
Building scale, materials, colors, and design details are complementary to the surrounding center.
f. Drive-Through Facilities. Drive-through lanes for restaurants, banks, pharmacies, and other uses, where included, are integrated with the overall site layout in such a way as to provide safe, efficient vehicular and pedestrian circulation. Adequate vehicular stacking or queuing spaces are provided to avoid waiting vehicles from blocking drive aisles. Drive-through facilities are located to as to minimize the visual impact from the right-of-way and to provide adequate screening from internal uses.
g. Vehicular Circulation. Safe, convenient vehicular circulation will be provided within the development through an appropriate system of internal vehicular circulation routes based on a hierarchy of drive aisles and cross routes. Vehicular and pedestrian conflicts will be minimized. Where pedestrian circulation routes cross vehicular traffic aisles and driveways within a development, there are clearly delineated crosswalks that include clear sight lines, adequate warning signage for both vehicles and pedestrians, adequate lighting, and protective barrier posts or similar features for separation at walkway entrances.
h. Pedestrian Safety and Amenities. Safe and convenient pedestrian access will be provided through a continuous system of walkways Porterville Development Ordinance
86 that connects on-site buildings to one another, to automobile and bicycle parking areas, to any on-site open space areas or pedestrian amenities, and to the adjacent public right-of-way. Pedestrian facilities will create an attractive, quality environment with integrated landscaping, shading, lighting, surface treatment, and other amenities.
i. Bicycle Parking. Adequate, safe, and convenient bicycle parking facilities are provided. Short-term bicycle parking spaces for the use of customers and visitors are located close to building entrances, easily identifiable, visible to those passing by and separate from pedestrian circulation areas. Long-term bicycle parking for the use of employees will provide a high degree of security and safety through the use of bicycle lockers, designated areas within buildings, or outside areas with constant visual monitoring.
j. Entry Plazas. Entry plazas and passenger loading areas, where required, include unique, decorative paving materials, adequate seating areas, provision of adequate shade from the summer sun, and attractive landscaping including trees or raised planters. k. Transit Facilities. Transit facilities, where included, are developed with effective shading from the summer sun, comfortable seating, attractive landscaping, decorative paving, public art features and efficient pedestrian routes to adjacent development.
l. Lighting. A combination of attractively designed and located lighting fixtures, including low pole lights, ground-mounted fixtures, light bollards, and architectural lighting is used to provide interesting compositions for outdoor lighting, as well as a safe, secure environment.
m. Shade Areas. Pedestrian areas, such as walkways, building entrances, and gathering areas, are adequately shaded from the summer sun through such techniques as the careful placement of trees and landscaping, trellis structures, projecting canopies, covered walkways, arcades, porticos, building orientation, and similar techniques.
Series 200: Base Districts
87 Chapter 204 Employment Districts
Sections:
204.01 Purpose
204.02 Land Use Regulations
204.03 Development Regulations
204.04 Supplemental Regulations
204.01 Purpose
The specific purposes of the “Employment” Districts are to:
(a) Provide appropriate areas of the city where employment uses can locate and operate without significant conflicts with other land uses.
(b) Strengthen the city’s economic base and provide employment opportunities for residents of the city.
(c) Ensure the provision of services and facilities needed to accommodate planned population densities.
Additional purposes of each “Employment” District:
PO Professional Office. To allow for areas of office complex development, including professional and medical offices, as well as research and development activities. Small restaurants, support services, and convenience retail. The maximum FAR is 0.50.
IP Industrial Park. To provide areas for a mix of light industrial, secondary office, bulk retail, and service uses. This district allows for uses such as, warehouse, personal storage (mini-storage), distribution centers, research and development, wholesale, and office space with limited customer access. This district also allows for other uses, such as commercial recreation, small-scale retail, and service uses serving local employees and visitors are permitted as secondary uses. The maximum FAR is 0.40.
IG General Industrial. To provide areas for businesses that have potential to create adverse visual, noise, or other impacts to adjoining public and residential properties. This district allows for uses such as, warehousing, manufacturing, food processing, distribution, with support commercial services and ancillary office space. No retail uses are allowed.
The maximum FAR is 0.60.
IA Airport Industrial. To provide areas for the Municipal Airport and for related businesses that have the potential to create adverse visual, noise, or other impacts to adjoining public and residential properties. Small-scale retail and service uses serving local employees and visitors are permitted as secondary uses. This designation allows for a maximum FAR of 0.60.
Porterville Development Ordinance
88 204.02 Land Use Regulations
Table 204.02 below prescribes the land use regulations for “Employment” Districts. The regulations for each district are established by letter designations as follows:
“P” designates permitted uses.
“C” designates use classifications that are permitted after review and approval of a Conditional Use Permit by the City Council.
“M” designates use classifications that are permitted after review and approval of a Minor Conditional Use Permit by the City Council.
“(#)” numbers in parentheses refer to specific limitations listed at the end of the table. “-” designates uses that are not permitted.
Use classifications are defined in Chapter 701, Use Classifications. In cases where a specific land use or activity is not defined, the Zoning Administrator shall assign the land use or activity to a classification that is substantially similar in character. Use classifications and subclassifications not listed in the table or not found to be substantially similar to the uses below are prohibited. The table also notes additional use regulations that apply to various uses. Section numbers in the right hand column refer to other sections of this Ordinance.
TABLE 204.02: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification PO IP IG IA Additional Regulations
Public and Semi-Public Uses
Colleges and Trade Schools,
Public or Private
P C - -
Correctional Facility - P P -
Cultural Institutions P - - -
Day Care Centers P P(1) - -
Elderly and Long-term Care P - - -
Instructional Services P P - P
Residential Care Facilities,
General
C - - - Section 301.15 Residential
Care Facilities, General
Schools, Public or Private P - - -
Commercial Uses
Aircraft Sales, Services, and
Storage
- - - P
Series 200: Base Districts
89 TABLE 204.02: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification PO IP IG IA Additional Regulations
Animal Care, Sales and
Services
See subclassifications below
Kennels - M M -
Veterinary Services - P P -
Automobile/Vehicle Sales and
Services
See subclassifications below
Automobile/Vehicle Repair,
Major.
- P P - Section 301.04
Automobile/Vehicle Service
and Repair
Automobile/Vehicle Service
and Repair, Minor.
- P P - Section 301.04
Automobile/Vehicle Service
and Repair
Automobile/Vehicle
Washing.
- P P - Section 301.05 Auto
Service Stations and Car
Washing
Large Vehicle and
Equipment Sales, Service,
and Rental
- C P -
Service Station - C C - Section 301.05 Auto
Service Stations and Car
Washing
Towing and Impound. - C P - Section 300.09 Outdoor
Storage
Banks and Financial
Institutions
See subclassifications below
Banks and Credit Unions P P(1) P(1) P(1)
Check Cashing Businesses P - - -
Building Materials and
Services
- P P -
Business Services P P(1) P(1) -
Commercial Entertainment &
Recreation
See subclassifications below
Large-Scale - C C C Section 301.02 Alcoholic
Beverage Sales
Small Scale - C - - Section 301.02 Alcoholic
Beverage Sales
Eating, Drinking, and Smoking
Establishments
See subclassifications below
Porterville Development Ordinance
90 TABLE 204.02: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification PO IP IG IA Additional Regulations
Coffee Shops/Cafes P(2) P(1) P(1) P Section 300.08 Outdoor Seating
Restaurants P(2) P(1) P(1) P Section 300.08 Outdoor
Seating; Section 301.02
Alcoholic Beverage Sales
Food and Beverage Retail
Sales
P(2) P(1) P(1) - Section 301.02 Alcoholic
Beverage Sales
Funeral Parlors and
Mortuaries
- P P -
Hotels and Motels - C C -
Light Fleet Based Services - P P -
Maintenance and Repair
Services
- P P -
Medical Facilities See subclassifications below
Hospital P - - -
Medical Clinic P - - -
Professional/Medical P - - -
Offices See subclassifications below
General Offices P P P P
Walk-In Clientele P - - -
Parking, Public or Private P(4) P P -
Personal Services P(2) P(1) - -
Retail Sales P(2) P(2) P(2) -
Salvage and Wrecking - C C C Section 300.09 Outdoor
Storage
Salvage and Wrecking
conducted wholly within a
building
- P P P Section 300.09 Outdoor
Storage
Sexually Oriented Business - P P - Section 301.17 Sexually Oriented Businesses
Wholesaling and Distribution - P P P
Industrial Uses
Construction and Material
Yards
- P P - Section 300.09 Outdoor
Storage
Handicraft/Custom
Manufacturing
- P P P
Series 200: Base Districts
91 TABLE 204.02: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification PO IP IG IA Additional Regulations
Industry, General - P P P
Alcohol Manufacture - C(4) C -
Hazardous Waste
Management Facilities
- C(6) C -
Manufacture, processing,
or treatment of materials
which may be obnoxious,
offensive or hazardous to
health and safety of
persons and property
- - C -
Industry, Limited - P P P
Recycling Facilities See subclassifications below
Recycling Collection
Facility
- - P - Section 301.14 Recycling
Facilities
Recycling Processing
Facility
- - P - Section 301.14 Recycling
Facilities
Warehousing and Storage See subclassifications below
Chemical, Mineral, and
Explosives Storage
- C C C
Indoor Warehousing and
Storage
- P P P
Personal Storage - P P P Section 301.13 Personal
Storage
Transportation, Communication, and Utilities Uses
Communication Facilities See subclassifications below
Antenna and Transmission
Towers, camouflage
facilities
P P P P Section 301.20
Telecommunication
Facilities
Antenna and Transmission
Towers, non-camouflage
facilities
M(7) M(7) M(7) M(7) Section 301.20
Telecommunication
Facilities
Broadcasting Facility - P P P Section 301.20
Telecommunication Facility
Call Center P(2) P P -
Freight/Truck Terminals and
Warehouses
- P P P
Heliports - C C C
Porterville Development Ordinance
92 TABLE 204.02: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification PO IP IG IA Additional Regulations
Transportation Passenger
Terminals
- P P P
Utilities, Major - P P P
Renewable Energy Facility C C C
Solid Waste Collection,
Treatment, and Disposal
- - P C
Utilities, Minor P P P P
Agriculture and Extractive Uses
Crop Cultivation, Commercial M P P M Section 301.06 Crop Cultivation
Crop Cultivation, Noncommercial - P P -
Mining & Quarrying - - C(6) -
Other Applicable Types
Accessory Uses and
Structures
P P P P Section 301.01 Accessory
Uses and Structures
Additional Uses - - - P(9)
Caretaker Unit - P(8) P(8) -
Nonconforming Use Chapter 307 Nonconforming Uses, Structures, and Lots Temporary Use Section 301.21 Temporary Uses
Specific Limitations:
1. Permitted only as an accessory use that supports industrial uses, business and office parks, and corporate offices.
2. Permitted only as an accessory to a primary office and limited to establishments with a gross floor area less than 5,000 square feet in size.
3. Limited to parking areas for exclusive use of occupants, employees and patrons of the uses, buildings, stores, and businesses located in that zone.
4. Alcohol manufacture must be located more than 500 feet from the nearest residential, or commercial zoning designation as shown on the Official Zoning Map.
5. On-site hazardous waste management facilities must be accessory and incidental to a primary use.
6. In areas designated as Mineral Resource Zones in the General Plan
7. Prohibited within 300 feet of any R district.
8. For agricultural employees, when located on farms or ranches containing more than 10 acres.
9. Additional uses may be allowed with City Council approval of a Conditional Use Permit.
Series 200: Base Districts
93 204.03 Development Regulations
Table 204.03 prescribes the development standards for the Employment Districts.
Additional regulations are denoted in the right hand column. Section numbers in this column refer to other sections of this Ordinance, while individual letters refer to subsections that directly follow the table.
TABLE 204.03: DEVELOPMENT STANDARDS—EMPLOYMENT DISTRICTS Standard PO IP IG IA Additional Standards
Lot and Density Standards
Minimum Lot Area (sq ft) 6,000 20,000 10,000 10,000 Section 204.03(a) Minimum Lot Width (ft) 60 100 100 100 Section 204.03(a) Minimum Lot Depth (ft) 75 100 75 75 Section 204.03(a)
Building Form and Location
Maximum Height (ft) 50 75 75 35 Section 204.03(b); Section 300.06 Heights and Height
Exceptions; Chapter 500
Airport Environs
Minimum Yards (ft)
Front 10 25; 30
on
highway
0; 30 on
arterial,
collector,
or
highway
20; 30
on
highway
Section 300.01 Building
Projections into Yards
Interior Side 5 0 0 10 Section 204.03(c); Section
300.01 Building Projections
into Yards
Street Side 5(b) 25; 30
on
highway
0; 30 on
arterial,
collector,
or
highway
10; 30
on
highway
Section 204.03(d); Section
300.01 Building Projections
into Yards
Rear 0 10 0 10 Section 204.03(b) and (c);
Section 300.01 Building
Projections into Yards
Transitional – Street
side
15 15 15 15 Section 204.03(b) Transitional
Standards
Maximum Floor Area
Ratio
.50 .40 .60 .60
Porterville Development Ordinance
94 Additional Development Standards:
(a) Exceptions to Minimum Lot Size, Width, and Depth. An exception to the minimum lot size, width, and depth may be allowed with a Conditional Use Permit if a master plan for the site is submitted concurrently with the subdivision application. The plan shall indicate proposed land uses, building footprints, driveways, fire lanes, parking areas, landscaped areas, buffer yards, and other site features. The City Council must find that the proposed subdivision will create lots that are adequately sized, shaped, and oriented to meet or exceed all requirements for yards, buffer yards, parking, landscaping, fire lanes, and other requirements of this Ordinance.
(b) Transitional Standards. Where a site is adjacent to an R district, the following standards apply:
(1) Buildings exceeding twenty (2) feet in height must be set back five (5) feet from the interior side and rear property line; for buildings exceeding twentyfive (25) feet in height shall be stepped back one (1) additional foot for every foot of height above twenty-five (25) feet.
(2) The maximum height within forty (40) feet of an R district boundary is thirty-five (35) feet. The maximum height within fifty (50) feet of an R district boundary is forty (40) feet.
FIGURE 204.03(B)(2): EMPLOYMENT DISTRICT TRANSITIONAL STANDARDS (c) Increased Yard for Certain Institutional Uses. Any building erected or used for a school, government, or other institutional use mentioned elsewhere in this Ordinance, shall be located at least fifteen (15) feet from an R district, notwithstanding any lesser requirement in the district where located, provided such building shall not be required to be located more than five (5) feet from any lot line adjacent to any alley. The City Council may waive this requirement for accessory buildings to provide reasonable accommodation.
Series 200: Base Districts
95 (d) Street Side Yard - Reversed Corner Lots. Reversed corner lots shall have a minimum street side yard width of twelve (12) feet or the required front yard requirement of the lot in the rear (key lot), whichever is less. No accessory structure shall project beyond the extension of the required front yard line of the lot in the rear (key lot).
204.04 Supplemental Regulations
(a) Setbacks and Screening Requirements
(1) Setback and Screening from Highways. Any site that is fully or partially located within two hundred (200) feet of State Route 65 or State Route 190 shall provide a landscaped area at least thirty (30) feet deep between the highway right-of-way and any building or parking area for the length of the site frontage facing toward the highway. At least two fifteen (15) gallon trees shall be provided for every twenty-five (25) feet of site frontage toward the highway. The Zoning Administrator may approve a modification to this standard where existing development patterns make it infeasible to provide a landscaped area thirty (30) feet deep.
(2) Parking Setback and Screening from Public Right-of-Way. The following requirements apply on all street frontages in the PO district. In the IP and IG districts, they apply only to frontages on arterial or collector streets. a. Landscaped Setback of Parking from Right-of-Way. Any parking area located between a building and right-of-way must be set back a minimum of seventeen (17) feet from the street-facing lot line, and the setback area must be landscaped. Two (2) feet of the landscaped setback shall be low growing plants to allow for vehicle overhang. b. Screening of Parking Areas. Any parking area located between a building and right of way, or within fifty (50) feet of and visible from a right-of-way, must be screened by a wall or berm at least two and one-half (2.5) feet high. A screening wall meeting this requirement shall be composed of brick, stone, stucco, or other quality durable material approved by the Zoning Administrator, and shall include a decorative cap or top finish as well as edge detail at wall ends. Plain concrete blocks are not allowed as a screening wall material unless capped and finished with stucco or other material approved by the Zoning Administrator.
(3) Landscaped Setback of Parking from On-Site Buildings. In the PO district, parking spaces must be set back at least twelve (12) feet from any building wall, and the area between parking and building must be landscaped. Two (2) feet of the landscaped setback shall be low growing plants to allow for vehicle overhang. Up to five (5) feet of this required landscape area may be occupied by a paved pedestrian walkway.
Porterville Development Ordinance
96 FIGURE 204.04(A): PARKING SETBACKS AND SCREENING REQUIREMENTS (b) Pedestrian Orientation. Pedestrian oriented design shall be provided in the PO district according to the following standards:
(1) Pedestrian-Oriented Design. The following design elements at ground floor street frontage level shall be incorporated into the design of the structure in order to provide pedestrian orientation.
a. Articulated Facades. Buildings shall provide adequate architectural articulation and detail to avoid a bulky and “box-like” appearance.
The building facade at ground floor street frontage level shall be articulated with measures such as, indentation in plane, change of materials in a complimentary manner, sensitive composition and juxtaposition of openings and solid wall and/or building frame, and projecting elements, such as awnings or marquees, to provide shade and shelter.
b. Entrances. All ground floor tenant spaces with at least twenty-five (25) feet of frontage facing a public or private street shall have at least one building entrance oriented to the adjacent street. Such an entrance shall open directly to the outside and shall not require a pedestrian to first pass through a garage, parking lot or loading area to gain access.
c. Signage. Signage shall be integrated with the design of the building and oriented and scaled to the pedestrian, where applicable. d. Other Pedestrian-Oriented Design Elements. Other pedestrianoriented design elements such as street furniture or other seating surfaces on private property and other design amenities scaled to the pedestrian such as awnings, drinking fountains, arcades, colonnades, plazas, non-commercial community bulletin boards, public or private art, and alternative paving materials may be provided in areas of pedestrian access. Compliance may also be demonstrated by pedestrian-oriented design elements that are provided off-site. (2) Pedestrian Access. On-site pedestrian circulation and access shall be provided according to the following standards.
Series 200: Base Districts
97 a. Internal Connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities.
b. To Street Network. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage.
Such walkway shall be the shortest practical distance between the main entry and sidewalk.
c. To Neighbors. Direct and convenient access shall be provided from commercial and mixed-use projects to adjoining neighborhood residential and commercial streets. These connections shall remain accessible at all times, and not be gated.
d. Pedestrian Walkway Design
1. Walkways shall be a minimum of five (5) feet wide and shall be paved with concrete, stone, tile, brick, or comparable material.
2. Fifteen gallon shade trees shall be planted along walkways at least thirty (30) feet on center.
3. Walkways shall be illuminated with an intensity of at least
0.25 foot-candles at the ground level during the hours of darkness.
4. Primary pedestrian routes and access points shall be clearly differentiated from driveways, parking aisles, and parking and loading spaces through the use of elevation changes, a
different paving material, or similar method.
Where a required walkway is parallel and adjacent to an auto travel lane, it shall be raised or separated from the auto travel lane by a raised curb at least four (4) inches high, bollards, or other physical barrier.
(3) Driveway Restrictions; Location of Parking
a. Access. Access shall be provided from a side street or alley wherever possible. Access shall not be provided from a residential street where alternate access is available.
b. Location of Parking. Parking areas shall be located at the rear of the site or at the side of the building, except for drop-off areas which may be located at the primary entry.
Porterville Development Ordinance
98 FIGURE 204.04(B)(3)B: LOCATION OF PARKING
Series 200: Base Districts
99 Chapter 205 Public and Open Space Districts
Sections:
205.01 Purpose
205.02 Land Use Regulations
205.03 Development Regulations
205.01 Purpose
The specific purposes of the “Public and Open Space” Districts are to:
(a) Provide areas for educational facilities, cultural and institutional uses, health services, parks and recreation, general government operations, airports, utility and public service needs, and other similar and related supporting uses. (b) Ensure the provision of services and facilities needed to accommodate planned population densities, employment intensities, and traffic regulation.
Additional purposes of each “Public and Open Space” District:
PS Public and Semi-Public. To provide areas for needed public facilities, including, but not limited to, recycling centers, sewage treatment ponds, police and fire stations, and schools, colleges, vocational training facilities, school administrative offices, fairgrounds, and similar facilities. This designation is intended for lands owned by public entities, including City Hall, County buildings, and the hospital. This designation allows for a maximum FAR of 0.25.
REC Commercial Recreation. To provide areas for private commercial recreation uses where patron usually pay to participate. Allowable uses include campgrounds, off-road vehicle complexes, and other recreation areas that are privately owned and where patrons usually pay to participate. The maximum FAR is 0.10.
PK Parks and Public Recreation Facilities. To maintain areas for public parks and recreation sites and facilities on city owned properties. The maximum FAR is 0.10. 205.02 Land Use Regulations
Table 205.02 below prescribes the land use regulations for “Public and Open Space” Districts. The regulations for each district are established by letter designations as follows:
“P” designates permitted uses.
“C” designates use classifications that are permitted after review and approval of a Conditional Use Permit by the City Council.
“M” designates use classifications that are permitted after review and approval of a Minor Conditional Use Permit by the City Council.
“(#)” numbers in parentheses refer to specific limitations listed at the end of the table. “-” designates uses that are not permitted.
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100
Use classifications are defined in Chapter 701, Use Classifications. In cases where a specific land use or activity is not defined, the Zoning Administrator shall assign the land use or activity to a classification that is substantially similar in character. Use classifications and subclassifications not listed in the table or not found to be substantially similar to the uses below are prohibited. The table also notes additional use regulations that apply to various uses. Section numbers in the right hand column refer to other sections of this Ordinance.
TABLE 205.02: LAND USE REGULATIONS—PUBLIC AND OPEN SPACE DISTRICTS Use Classification PS REC PK Additional Regulations
Public and Semi-Public Use Classifications
Airport P - -
Cemeteries C - -
Clubs and Lodges - P(1) P(1)
College and Trade Schools,
Public or Private
P - -
Community Center P - P
Correctional Facility P - -
Cultural Institutions P - P
Government Offices P - -
Instructional Services P - -
Park and Recreation
Facilities, Public
P P P
Public Safety Facilities P - -
Religious Facilities C
Schools, Public or Private P - -
Commercial Use Classifications
Aircraft Sales, Services, and
Storage
P(2) - -
Commercial Entertainment
and Recreation
See subclassifications below
Large-scale P C P Section 301.02 Alcoholic Beverage
Sales
Small-scale P P P Section 301.02 Alcoholic Beverage
Sales
Eating, Drinking, and
Smoking Establishments
See subclassifications below
Coffee Shops/Cafes P(3) P(1) P(1) Section 300.08 Outdoor Seating Series 200: Base Districts
101
TABLE 205.02: LAND USE REGULATIONS—PUBLIC AND OPEN SPACE DISTRICTS Use Classification PS REC PK Additional Regulations
Restaurants P(3) - - Section 300.08 Outdoor Seating;
Section 301.02 Alcoholic Beverage
Sales
Medical Facilities See subclassification below
Hospital P - -
Recycling Facilities See subclassifications below
Recycling Collection
Facility
P - -
Recycling Processing
Facility
P - -
Retail Sales See subclassification below
Swap Meet C - -
Transportation, Communication, and Utilities Use Classifications Telecommunication Facilities See subclassifications below Antenna and
Transmission Towers,
camouflage facilities
P P P Section 301.20 Telecommunication
Facilities
Antenna and
Transmission Towers,
non-camouflage facilities
M(4) M(4) M(4) Section 301.20 Telecommunication
Facilities
Heliports P(5) - -
Utilities, Major C - -
Solid Waste Collection,
Treatment, and Disposal
P - -
Utilities, Minor P P P
Agricultural and Extractive Uses
Crop Cultivation, Commercial M M M Section 301.06 Crop Cultivation Other Applicable Types
Accessory Uses and
Structures
P P P Section 301.01 Accessory Uses and
Structures
Nonconforming Use Chapter 307 Nonconforming Uses, Structures, and Lots Temporary Use Section 301.21 Temporary Uses
Porterville Development Ordinance
102
TABLE 205.02: LAND USE REGULATIONS—PUBLIC AND OPEN SPACE DISTRICTS Use Classification PS REC PK Additional Regulations
Specific Limitations:
1. Limited to facilities associated with park and recreational facilities.
2. Limited to facilities associated with an airport.
3. Limited to cafes and restaurants accessory to cultural institutions.
4. Prohibited within 300 feet of any R district.
5. Permitted only as accessory to a hospital or public airport. 205.03 Development Regulations
Table 205.03 prescribes the development standards for the public and open space districts.
Additional regulations are denoted in the right hand column. Section numbers in this column refer to other sections of this Ordinance, while individual letters refer to subsections that directly follow the table.
TABLE 205.03: DEVELOPMENT STANDARDS—PUBLIC AND OPEN SPACE DISTRICTS Standard PS REC PK Additional Standards
Lot and Density Standards
Minimum Lot Area (sq ft) 87,120
(2 acres)
10,000 10,000
Minimum Lot Width (ft) 100 100 100
Minimum Lot Depth (ft) 100 75 75
Building Form and Location
Maximum Height (ft) 75 35 25 Section 205.03(a); Section 300.06, Heights and Height Exceptions
Minimum Yards (ft)
Front 20 0 0 Section 300.01 Building Projections
into Yards
Interior Side 10 0 0 Section 300.01 Building Projections into Yards
Street Side 10 0 0 Section 300.01 Building Projections
into Yards
Rear 10 0 0 Section 300.01 Building Projections
into Yards
Transitional – Street side 15 15 15 Section 205.03(b) Transitional Standards
Maximum Floor Area Ratio .25(b) .10 .10
Series 200: Base Districts
103
Additional Development Regulations:
(a) Transitional Standards. Where a site is adjacent to an R district, the following standards apply:
(1) Buildings exceeding twenty (20) feet in height must be set back five (5) feet from the interior side and rear property line; for buildings exceeding twentyfive (25) feet in height shall be stepped back one (1) additional foot for every foot of height above twenty-five (25) feet.
(2) The maximum height within forty (40) feet of an R district boundary is thirty-five (35) feet. The maximum height within fifty (50) feet of an R district boundary is forty (40) feet.
FIGURE 205.03(A)(2): PUBLIC AND OPEN SPACE DISTRICT TRANSITIONAL STANDARDS (b) Determining FAR. When determining FAR in the PS District, medical laboratories, operating rooms, meeting rooms, conference facilities, cafeteria facilities, and recreational facilities are excluded from floor area.
Porterville Development Ordinance
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Series 200: Base Districts
105
Chapter 206 Residential Neighborhood District
Sections:
206.01 Purpose
206.02 Establishment
206.03 Master Plan Required
206.04 Land Use Mix and Distribution within a Residential Neighborhood 206.05 Park Design Standards
206.06 Street/Transportation System Requirements
206.07 Variety in Housing Design
206.01 Purpose
The Residential Neighborhood (RN) District is intended to implement the neighborhood centers shown on the General Plan Land Use Diagram and guide the design of new residential neighborhoods. More specifically, these standards are intended to accomplish the following purposes:
(a) Create compact neighborhoods with a defined, mixed-use center including public open space, a school or other community facilities, and neighborhood commercial. (b) Create neighborhood centers with a mix of retail, civic, and service-oriented uses to support local transit and provide places for social interaction for neighborhood residents.
(c) Create a street system that is well-aligned with and connected to streets in adjacent neighborhoods and allows residents to walk, bike, or drive directly and safely to parks, schools, and neighborhood shopping via a continuous system of streets, sidewalks, and bike routes.
(d) Provide a variety of housing types, designs, and lot sizes to serve the range of household types and incomes in Porterville, and give each home individuality. 206.02 Establishment
A RN District may be established within the potential RN district areas shown on the Zoning Map by Zoning Map amendment according to the procedures of Chapter 613, Amendments to Zoning Map and Text, and the standards of this chapter. The minimum area of a RN District shall be eighty (80) acres. The City Council may approve a RN District for smaller areas, but not less than forty (40) acres, upon finding that a RN District of eighty (80) acres or more is infeasible.
206.03 Master Plan Required
An application for a rezoning to an RN district shall include a master plan. The master plan shall be accepted and processed concurrently, in the same manner as a Conditional Use Permit application, pursuant to Chapter 601, Common Procedures, and Chapter 604, Conditional Use Permits, although additional information is required to be submitted in order to determine that the intent of this Ordinance and the General Plan will be fulfilled.
Porterville Development Ordinance
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(a) Required Elements. An application for a master plan in the RN District shall include the following elements in addition to any application requirements established by the Zoning Administrator.
(1) Land Uses. The location of proposed land uses and a summary of the total land area dedicated to each use. Schools shall be located as shown on the General Plan Land Use Diagram unless an alternative site has been mutually agreed upon by the City and the applicable school district. Other land uses shall be allocated and distributed within the plan area according to the standards of Section 206.04, Land Use Mix and Distribution within Residential Neighborhoods.
(2) Street System
a. Location of major and minor arterial streets, parkways and minor and collector streets, and proposed spacing of intersections. b. Proposed street alignments in relation to existing and planned streets on all abutting properties.
c. Cross-sections or equivalent information that indicates the elements (travel lanes, parking lanes, bike lanes, planter strips, sidewalks, sound walls, street tree spacing) and dimensions of elements to be included in each street type within the plan area.
d. Any proposed traffic calming facilities.
(3) Pedestrian and Bike Network. A system of bicycle and pedestrian routes that provide access to all parts of the plan area. All proposed mid-block pedestrian connections or connections from the ends of cul-de-sacs to streets and parks shall be delineated.
(4) Utilities. Location of main utility lines that must be extended into the project area to accommodate the proposed land uses and densities. The plan also must show utility placement in relation to street trees. 206.04 Land Use Mix and Distribution within a Residential Neighborhood The land uses within a RN district shall be allocated and distributed according to the standards of this section.
(1) Consistency with General Plan. Land uses shall reflect the required land use mix in the General Plan Land Use Diagram. Adjustments to the locations of land uses indicated on the General Plan Land Use Diagram may be approved, as long as the total allocation of each use within each plan area is consistent with the proportions indicated on the diagram. Where such locational adjustments are proposed, the standards of this section provide a guide for the minimum allocation of land uses within residential neighborhoods.
(2) Residential Uses. Residential uses shall be provided at densities consistent with the General Plan designation(s) for the site. A minimum of twenty (20) percent of the units within each master plan must be small-lot (4,500 sq. ft.
Series 200: Base Districts
107
or smaller lot size) detached homes, townhouse, or multi-family units within walking distance (1/4 mile) of the neighborhood center. (3) Public Parks. Land for public parks must be provided at a ratio of five (5) acres per one thousand (1,000) residents, or in-lieu fees must be paid as established by the City. Parks shall be consistent with any adopted parks or open space master plan for the city. The allocation of types of parks shall be as follows:
a. A minimum of three and one-half (3.5) acres of neighborhood parks per one thousand 1,000 residents; and
b. A minimum of one and one-half (1.5) acres of community parks per one thousand (1,000) residents.
(4) Park Location. At least one (1) public park must be located within one (1) quarter mile, via a direct pedestrian route, of eighty (80) percent of all homes within the master plan area.
(b) Non-Residential Uses. At least four (4) percent of gross land area must be designated for non-residential uses, including public and semi-public uses and/or neighborhood-serving commercial uses.
(c) Neighborhood Centers. All master plan areas of one hundred sixty (160) acres or more must include a defined, centrally located, neighborhood center composed of a mix of retail, civic, and service-oriented uses, unless an existing or approved neighborhood center is located within one-quarter mile, via a direct pedestrian route, of eighty (80) percent of all homes within the master plan area. At minimum, neighborhood centers shall include:
(1) Retail and Service Commercial Uses. Retail and service commercial uses oriented to serving the needs of local residents.
(2) Public Plaza, Square, or Commons
a. Size: Minimum area of ten thousand (10,000) square feet. b. Dimensions: Minimum horizontal dimension of fifty (50) feet. c. Street Access: Bordered by public streets on at least one (1) side. d. Required Amenities: Public plazas, squares, and commons shall include street furniture and other amenities such as gazebos, fountains, statuary, flag poles, kiosks, and benches. At least one (1) lineal foot of seating area shall be provided for each thirty (30) square feet of plaza area. Seating may include wooden benches, steps, seating walls, and retaining walls where the seating area is between sixteen (16) inches and thirty (30) inches above grade. e. Surface and Planting: Public plazas, squares, and commons shall include paved walkways, and may include paved plaza areas.
Landscaped areas and pervious surfaces that provide stormwater infiltration shall also be included.
f. Schools: School sites shall be provided as shown on the General Plan Land Use Diagram. Where locational adjustments are proposed, the Porterville Development Ordinance
108
applicant shall consult with the school district, Community Development Department, and the Parks and Leisure Services Department prior to submission of a master plan.
206.05 Park Design Standards
(a) Minimum Park Size. Neighborhood parks must be a minimum of two (2) acres in size. Community parks must be a minimum of ten (10) acres in size. (b) Park Frontage and Accessibility. A minimum of sixty (60) percent of the perimeter of any public park must abut a street. Where it is not feasible to locate residences across the street from and facing the park, frequent pedestrian access to the park must be provided at the ends of cul-de-sacs.
(c) Landscaped Area. At least fifty (50) percent of the horizontal area of any park shall consist of landscaped pervious surfaces such as turf, live plantings, gravel, sand, and bark. No more than fifty (50) percent of the area of a neighborhood park may be paved.
(d) Detention Basins. Drainage detention basins may be located within parks; however, all parks shall include open turf area above the basin flood line for playing fields and active recreation areas.
206.06 Street/ Transportation System Requirements
(a) Continuous Street System. All streets and alleys must connect to other streets and alleys to form a continuous vehicular and pedestrian network within the plan area and to adjacent development. The use of gates or other preventative barriers is not permitted on public streets.
(b) Connection to Adjacent Areas. Streets shall be aligned with existing and planned arterial and collector streets in adjacent neighborhoods in such a way that a continuous street pattern is created. Where a new residential subdivision occurs adjacent to undeveloped land within the Urban Development Boundary, stubs must be provided for future connections to the edge of the property line. Where street stubs exist on adjacent properties, new streets within a new residential subdivision shall be connected to these stubs.
(c) Dead-End Streets. Culs-de-sac and dead end streets shall be prohibited in residential areas except where necessary to give access to or permit satisfactory future development of adjoining land. Cul-de-sacs and dead end streets shall be avoided in all other areas. If cul-de-sacs and dead end streets cannot be avoided, the maximum length shall be six hundred (600) feet. Culs-de-sac longer than three hundred (300) feet shall have pedestrian paths connecting them to parks and adjacent streets.
(d) Intersections. A minimum of three (3) collector streets shall intersect each one (1) mile length of arterial street. Pedestrian facilities shall be provided at all signalized intersections.
Series 200: Base Districts
109
(e) Maximum Block Length. Blocks shall not exceed six hundred (600) feet in length, unless existing adjacent property alignment, topographic, or traffic conditions justify a variation. Pedestrian connections consisting of a paved walkway at least five (5) feet wide within a ten (10) foot landscape right-of-way must be provided no more than three hundred fifty (350) feet apart for any blocks over six hundred (600) feet.
(f) Sidewalks. Sidewalks shall be provided along both sides of the street. (g) Pedestrian and Bicycle Paths. Continuous and convenient bicycle and pedestrian access shall be provided from every home within a plan area to the nearest neighborhood center, school, and park.
(h) Traffic Calming. Traffic calming street design or devices shall be included as needed to ensure that designated speed limits are not exceeded. (i) Street Trees. Street trees shall be provided on all public street frontages. Fifteen gallon trees shall be planted in a linear fashion within planter strips between the curb and sidewalk, at least thirty (30) feet on center. Each master plan shall indicate the type and location of proposed street trees and how utility placement will accommodate street tree placement.
206.07 Variety in Housing Design
No more than three (3) homes within each block face may be designed to have the same front elevation. There must be two (2) distinguishing and obviously different characteristics, such as building envelope, front porch, window pattern, or roof shape, between the front elevations of homes within a single block.
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111
Chapter 207 Planned Development (PD) District
Sections:
207.01 Purpose
207.02 Zoning Map Designation
207.03 Land Use Regulations
207.04 Development Regulations
207.05 Procedures
207.06 Required Findings
207.07 Conditions
207.08 Expiration and Renewal
207.09 Amendments of Approved Plans
207.10 Status of Specific Plan
207.11 Development Plan Review
207.01 Purpose
The purposes of the Planned Development (PD) District are to:
(a) Establish a procedure for development on large lots of land in order to reduce or eliminate the rigidity, delays, and conflicts that otherwise would result from application of zoning standards and procedures designed primarily for small lots. (b) Ensure orderly and thorough planning and review procedures that will result in quality urban design.
(c) Promote variety and avoid monotony in large developments by allowing greater freedom in selecting the means to provide access, light, open space, and amenities. (d) Ensure allocation and improvement of common open space in residential areas, and provide for maintenance of the open space at the expense of those directly benefiting from it.
(e) Facilitate the assembly of properties that might otherwise be developed in unrelated increments to the detriment of surrounding neighborhoods. (f) Provide for the integration and administration of Specific Plans, adopted pursuant to State law into the City’s land use regulations.
207.02 Zoning Map Designation
A PD district shall be noted on the zoning map by the designation “PD” 207.03 Land Use Regulations
No use other than an existing use is permitted in a PD district except in accord with a valid PD Plan or Specific Plan. Any permitted or conditional use authorized by this Ordinance may be included in an approved PD Plan or an adopted Specific Plan consistent with the General Plan land use designation(s) for the property.
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207.04 Development Regulations
(a) Minimum Area. The minimum area of a PD district shall be four (4) contiguous acres. The City Council may approve a PD district that contains less than four (4) acres, but at least two and one-half (2.5) acres, upon a finding that special site characteristics exist and that the proposed development will result in specific public benefits, in addition to the findings required by Section 207.06, Required Findings. (b) Residential Unit Density. Except where a density bonus is granted in compliance with the City's density bonus regulations for affordable housing and childcare (Chapter 302, Affordable Housing Density Bonus and Other Incentives), the total number of dwelling units in a PD Plan shall not exceed the maximum number permitted by the General Plan density for the total area of the planned development designated for residential use.
(c) Performance Standards. The Performance Standards prescribed by Chapter 306, Performance Standards apply.
(d) Other Development Regulations. Other development regulations shall be as prescribed by the PD Plan.
207.05 Procedures
(a) City Council Review. A PD district must be adopted by the City Council as an amendment to the Zoning Map, according to the procedures of Chapter 608, Amendments to Zoning Map and Text. An application for rezoning to a PD district shall include a Specific Plan or PD Plan. The PD Plan shall be accepted and processed concurrently, in the same manner as a Conditional Use Permit application, pursuant to Chapter 601, Common Procedures and Chapter 604, Conditional Use Permits, although additional information is required to be submitted in order to determine that the intent of this Ordinance and the General Plan will be fulfilled.
(b) Initiation. An amendment to reclassify property to PD shall be initiated by a property owner or authorized agent or the City Council. If initiated by a property owner or authorized agent and the property is not under a single ownership, all owners must join the application, and a map showing the extent of ownership shall be submitted with the application.
(c) Pre-Application Procedure. Prior to submitting an application for approval of a PD, the applicant may schedule a pre-application review conference with the Project Review Committee to discuss the general acceptability of the proposal, possible problems that may be encountered, and the need for any interagency coordination.
Such preliminary consultations shall be relative to a conceptual development plan submitted by the applicant.
(d) Applications. Applications for a PD shall be in the form established by the Zoning Administrator and shall be accompanied by the required information and plan submittals and the required fee.
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207.06 Required Findings
A PD Plan and re-zoning shall only be approved if all of the following findings are made:
(a) The proposed development is consistent with the General Plan and any applicable specific plan, including the density and intensity limitations that apply; (b) The site for the proposed development is adequate in size and shape to accommodate the proposed uses and all setbacks, open spaces, setbacks, walls and fences, parking area, loading areas, landscape, and other features required; (c) Adequate transportation facilities and public services exist or will be provided in accord with the conditions of development plan approval, to serve the proposed development; and the approval of the proposed development will not result in a reduction of traffic levels of service or public services so as to be a detriment to public health, safety, or welfare;
(d) The proposed development will not have a substantial adverse effect on surrounding land uses and will be compatible with the existing and planned land use character of the surrounding area;
(e) The improvements required and the manner of development adequately address all natural and man-made hazards associated with the proposed development and the project site, including, but not limited to, flood, fire, and seismic or soils hazards; and
(f) The proposed development provides a more efficient use of the land and superior architecture and site design compared to that which could be achieved through the application of the zoning district regulations that otherwise would apply. 207.07 Conditions
In approving a PD Plan and re-zoning, the City Council may impose reasonable conditions deemed necessary to:
(a) Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies that the City has adopted; (b) Achieve the general purposes of this Ordinance or the specific purpose of the zoning district in which the project is located;
(c) Achieve the findings listed in Section 207.06, Required Findings above; or (d) Mitigate any potentially significant impacts identified as a result of review conducted in compliance with the requirements of the California Environmental Quality Act.
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207.08 Expiration and Renewal
(a) Expiration
(1) PD Plan. A PD Plan shall be effective on the same date as the Ordinance creating the PD district for which it was approved and shall expire two (2) years after the effective date unless actions specified in the conditions of approval have been taken, or a building permit has been issued and construction diligently pursued. An approved PD Plan may specify a development staging program exceeding two (2) years.
(2) Tentative Map. Where a tentative map has been approved in conjunction with a PD Plan, the PD Plan shall expire upon the expiration of the tentative map.
(3) Phased Development. In the event that the applicant intends to develop the project in phases, and the City Council approves phased development, the PD Plan shall remain in effect so long as not more than one (1) year lapses between the end of one phase and the beginning of the next phase unless the PD Plan is renewed pursuant to subsection (b), below. If the PD Plan is not renewed and more than one (1) year lapses between the end of one phase and the beginning of the next phase, the PD Plan shall expire. (b) Renewal. An approved PD Plan may be renewed for a period approved by the City Council after a duly-noticed public hearing. Application for renewal shall be made in writing prior to expiration of the original approval. The City Council may renew a PD Plan if it finds the renewal consistent with the purposes of this chapter. 207.09 Amendments of Approved Plans
(a) Changed Plans. Amendments to a PD district or PD Plan or Specific Plan may be requested by the applicant or its successors. Amendments to the approved Plan shall be classified as major or minor amendments. Upon receipt of an amendment application, the Zoning Administrator shall determine if the proposed amendment constitutes a major or minor amendment.
(b) Major Amendments. Major Amendments to an approved PD district or PD Plan or Specific Plan shall be considered by the City Council at a duly noticed public hearing. An amendment will be deemed major if it involves one or more of the following changes:
(1) A change in the boundary of the PD district;
(2) An increase or decrease in the number of dwelling units for the PD district that is greater than the maximum or less than the minimum stated in the PD Plan or Specific Plan;
(3) An increase or decrease in the floor area for any non-residential land use that results in the floor area exceeding the minimum or maximum stated in the PD Plan or Specific Plan;
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(4) Any change in land use or density that is likely to negatively impact or burden public facilities and utilities infrastructure as determined by the City Engineer;
(5) Any change in land use or density that is likely to negatively impact or burden circulation adjacent to the PD district or to the overall major street system, as determined by the City Engineer; or
(6) Any other proposed change to the PD Plan or Specific Plan or the conditions of approval that substantively alters one or more of its components as determined by the Zoning Administrator.
(c) Minor Amendments. Amendments not meeting one or more of the criteria listed in subsection (b) shall be considered minor if they are consistent with and would not change any original condition of approval. Minor Amendments may be approved by the Zoning Administrator.
207.10 Status of Specific Plan
A Specific Plan adopted by resolution of the City Council shall be administered as prescribed by the Council, consistent with Government Code Section 65450. 207.11 Development Plan Review
Plans for a project in a PD district shall be accepted for planning and building permits or subdivisions only if they are consistent with an approved PD Plan or Specific Plan and any conditions of approval. No project may be approved and no building permit issued unless the project, alteration or use is consistent with an approved PD Plan or Specific Plan.
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Series 300: Additional Use and Development
Regulations
Chapter 300 General Site Regulations
Sections:
300.01 Building Projections Into Yards
300.02 Development on Substandard Lots
300.03 Fences and Freestanding Walls
300.04 Reserved
300.05 Habitat Conservation
300.06 Heights and Height Exceptions
300.07 Lighting and Illumination
300.08 Outdoor Seating
300.09 Outdoor Storage
300.10 Screening
300.11 Street Dedication, Construction of Public Improvements, and Installation of Certain Parkway Improvements
300.12 Swimming Pools
300.13 Trash and Refuse Collection Areas
300.14 Truck Docks, Loading, and Service Areas
300.15 Underground Utilities
300.16 Visibility at Driveways and Intersections (Sight Distance) 300.01 Building Projections Into Yards
Building projections may extend into required yards, subject to the following standards:
(a) Maximum Projection Allowed. Notwithstanding any other subsection of this section, no projection may extend closer than three (3) feet to an interior lot line.
No projection may extend into a public utility easement. (b) Architectural Projections. Cornices, canopies, eaves, sills, buttresses or similar architectural features, chimneys and fireplaces not exceeding eight (8) feet in width, cantilevered bay windows not exceeding ten (10) feet in width, and planting boxes shall not extend closer than three (3) feet to any side or rear lot line or three (3) feet into any front yard unless further restricted by the Building Code.
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FIGURE 300.01(B): ARCHITECTURAL PROJECTIONS
(c) Fire Escapes. Fire escapes, required by law, ordinance, or regulations of a public agency may project up to four (4) feet into any yard.
(d) Stairways, Stair Landings, and Balconies. Stairways, stair landings, and balconies that service above the first floor level of the building may project up to three (3) feet into any yard, provided that all such structures shall be open, unenclosed and without roofs, except for lattice type guard railings. Structural supports for stairways and landings may be enclosed.
(e) Decks, Porches, and Stairs. Uncovered decks, porches and stairs less than two and one-half (2.5) feet above ground elevation may project in any yard consistent with the Building Code. Uncovered decks, porches, and stairs higher than two and onehalf (2.5) feet servicing the first floor level of the building may project no more than three (3) feet into the front, side, and rear yards, and no closer than three (3) feet to a property line.
(f) Depressed Ramps or Stairways and Supporting Structures. When designed to permit access to parts of buildings below average ground level, may extend into any required yard not more than three (3) feet.
(g) Ramps and Similar Structures for Disabled Person’s Accommodation. Up to the entire yard where it is the only feasible location to provide a reasonable accommodation consistent with the Americans with Disabilities Act.
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300.02 Development on Substandard Lots
A legally created lot having a width or area less than required for the base district in which it is located may be occupied by a permitted or conditional use if it has a width of twentyfive (25) feet or more and an area of two thousand five hundred (2,500) square feet or more, provided that on the effective date of regulations that made it substandard, it was in single ownership separate from any abutting lot. No substandard lot shall be further reduced in area or width, and a substandard lot shall be subject to the same yard and density requirements as a standard lot except as otherwise provided. A maximum of one (1) dwelling unit may be located on a substandard lot that meets the requirement of this section.
300.03 Fences and Freestanding Walls
(a) Maximum Height
(1) Front Yards. No solid fence or freestanding wall within or along the exterior boundary of the required front yard shall exceed a height of three and onehalf (3.5) feet. Open or lattice type fences that are at least fifty percent (50%) open, or hedges, shall not exceed a height of four (4) feet. (2) Side and Rear Yards. No fence or freestanding wall within or along the exterior boundary of the required side or rear yards shall exceed a height of six (6) feet. The Zoning Administrator may allow a fence or wall up to eight (8) feet in height to be located along the exterior boundary of the required side or rear yard subject to the issuance of a building permit. (3) Decorative Features. One (1) entry gateway, trellis, or other entry structure is permitted in the required front or street-facing side yard of each lot, provided that the maximum height or width of the structure does not exceed ten (10) feet. Such decorative feature shall not have any solid obstruction that exceeds two (2) feet in diameter between the height of three (3) and ten (10) feet.
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FIGURE 300.03: FENCES AND FREESTANDING WALLS
(b) Design and Materials. Fencing visible from a street shall be treated as an integral part of the architecture, with materials, colors, and detailing drawn from the building they surround or adjoin.
(1) Prohibition on Hazardous Fencing Materials. The use of barbed wire, razor wire, ultra barrier, electrified, and other hazardous fencing is not permitted.
An exception to this standard may be approved for sites in the AC District where needed for livestock or ranch operations.
(2) Limitation on Chain Link Fencing. Use of chain-link fencing is not permitted in front or street-facing side yards, and is permitted only in rear and interior side yards that do not abut public and quasi-public land uses.
This standard does not apply to sites in the Residential, IA or IG districts. (c) Visibility at Intersections. Notwithstanding any other provisions of this section, fences and walls shall comply with the visibility standards contained in Section 300.16, Visibility at Driveways and Intersections.
300.04 Reserved
300.05 Habitat Conservation
New development shall be located to protect and preserve areas in which plant and/or animal life or its habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which would easily be disturbed or degraded by human activities and development. The provisions of this section apply to discretionary development projects proposed within or adjacent to (within 300 feet of the boundary of) sensitive habitat areas designated in the General Plan.
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(a) Site Design. Sensitive habitat areas shall be protected by any of the following means: 1) avoidance; 2) onsite mitigation; 3) offsite mitigation; and 4) purchase of mitigation credits.
(b) Biological Report. A discretionary development application for a project on a site located within or adjacent to (within 300 feet of the boundary of) sensitive habitat areas designated in the General Plan shall also include a report commissioned by the City that contains the following:
(1) An evaluation of the impact the development may have on the habitat, and whether the development will be consistent with the biological continuance of the habitat. Maximum feasible mitigation measures to protect the resource shall be identified and a program for monitoring and evaluating the effectiveness of the mitigation measures shall be included. (2) Conditions of approval recommendations for the restoration of damaged habitats, where feasible.
(c) Required Findings. Approval of a development permit for a project within or adjacent to identified habitat areas shall not occur unless the applicable review body first finds that:
(1) There will be no significant negative impact on the identified sensitive habitat and the proposed use will be consistent with the biological continuance of the habitat.
(2) The proposed use will not significantly disrupt the habitat. (3) Adequate mitigation measures are required to mitigate impacts to significant biological resources.
(4) There has been “no net loss” of wetlands and vernal pools. Disturbed wetlands and vernal pools have been replaced.
(5) Where feasible, damaged habitats will be restored as a condition of development approval.
300.06 Heights and Height Exceptions
(a) Maximum Height of Structures. The height of structures shall not exceed the standards established by the applicable zoning district of this Ordinance. (1) Increased Height Limit for Projections. Chimneys not over six (6) feet in width, silos, cupolas, flagpoles, monuments, gas storage holders, radio and other towers, water tanks, church steeples, fire and parapet walls, roof furniture, and similar structures covering not more than twenty (20) percent of the top floor roof area to which they are accessory, may exceed maximum permitted height standards by eight (8) feet. Exceptions may be granted with the approval of a Conditional Use Permit.
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FIGURE 300.06: INCREASED HEIGHT LIMIT FOR PROJECTIONS
(2) Airport Environs Overlay District. Airport related towers may exceed the maximum permitted height standard in the IA and PS district.
Notwithstanding other provisions of this section, there shall be no exceptions to the specified height limits within the Airport Environs (AE) Overlay District, unless authorized by approval of a Conditional Use Permit. 300.07 Lighting and Illumination
(a) Purpose. This section is intended to minimize outdoor artificial light that may have a detrimental effect on the environment, astronomical research, amateur astronomy, and enjoyment of the night sky. These provisions are also intended to reduce the unnecessary illumination of adjacent properties and the use of energy. (b) Applicability. Outdoor light fixtures installed after the effective date of this Ordinance and maintained upon private property within non-residential districts shall comply with the requirements of this section.
(c) Exemptions. The following types of lighting fixtures are exempt from the requirements of this section:
(1) Prior Installation. All light fixtures installed prior to the effective date of this Ordinance, unless fifty (50) percent or more of the light fixtures on the premises are replaced.
(2) Fossil Fuels. All light fixtures producing light directly by the combustion of fossil fuels.
(3) Low Lumens. All light fixtures with an initial total lamp sources lumens of four thousand fifty (4,050) or less.
(4) Construction and Emergency Lighting. All construction or emergency lighting fixtures, provided they are temporary and are discontinued Series 300: Additional Use and Development Regulations
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immediately upon completion of the construction work or abatement of the emergency.
(d) Maximum Height. Lighting fixtures shall not exceed the maximum heights specified in Table 300.07(A) below.
TABLE 300.07(A): MAXIMUM HEIGHT OF LIGHTING FIXTURES
District Maximum Height (ft.)
Residential Districts 16
CN, PO 16
CMX, Downtown Districts 16 within 100 feet of any street frontage; 20 in any other location.
PS 20 within 100 feet of any street frontage; 25 in
any other location.
CR, CG, IP, IG, IA 40
REC, PK 501
1 Sports field lighting shall be defined per project
(e) Shielding. All lighting fixtures shall be shielded in accordance with Table 300.07(B) so as not to produce obtrusive glare onto the public right-of-way or adjoining properties. All luminaries shall meet the most recently adopted criteria of the Illuminating Engineering Society of North America (IESNA) for “Cut Off” or “Full Cut Off” luminaries, as illustrated in Figure 300.07.
TABLE 300.07(B): REQUIREMENTS FOR SHIELDING AND FILTERING Fixture Lamp Type Shielding Required Filtering Required Low Pressure Sodium1 None None
High Pressure Sodium Fully None
Metal Halide Fully Yes4
Fluorescent Fully5 Yes2
Quartz3 Fully None
Incandescent Greater than
100W
Fully None
Incandescent 100W or less None None
Mercury Vapor Not permitted.
Fossil Fuel None None
Glass Tubes filled with neon,
argon, or krypton
None None
Other Sources As approved by the Zoning Administrator
1 This is the preferred light source to minimize undesirable light into the night sky affecting astronomical observations.
2 Warm white natural lamps are preferred to minimize detrimental effects.
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TABLE 300.07(B): REQUIREMENTS FOR SHIELDING AND FILTERING Fixture Lamp Type Shielding Required Filtering Required 3 For the purposes of this article, quartz lamps shall not be considered an incandescent light source.
4 Most glass, acrylic, or translucent enclosures satisfy these filter requirements. 5 Outdoor signs constructed of translucent materials and wholly illuminated from within do not require shielding.
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FIGURE 300.07: LIGHT FIXTURE SHIELDING
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(f) Multi-Family Residential Illumination. Aisles, passageways, and pedestrian recesses related to and within the building complex shall be illuminated with an intensity of at least 0.25 foot-candles at the ground level during the hours of darkness. Lighting devices shall be protected by weather and vandal-resistant covers.
(g) Pedestrian Oriented Lighting. In the Downtown, CN, CR, and CMX districts, exterior lighting shall be provided for a secure nighttime pedestrian environment at building entrances, on-site pedestrian walkways, public sidewalks and open areas with a safe level of illumination with an intensity of at least 0.25 foot-candles at the ground level during the hours of darkness. The Zoning Administrator may require additional lighting for bars, nightclubs, and lounges or other entertainment venues in order to provide a safe level of illumination.
(h) Prohibitions and Requirements for Protection and Shielding (1) Recreational Facility. No public or private outdoor recreational facility shall be illuminated after 11:00 p.m., except to conclude any recreational or sporting event or other activity conducted at a ball park, outdoor amphitheater, area, or similar facility in progress prior to 11:00 p.m. (2) Outdoor Building and Landscaping. The unshielded outdoor illumination of any building or landscaping is prohibited, except with incandescent fixtures with lamps of one hundred (100) watts or less.
(3) Outdoor Signs. Lighting fixtures used to illuminate an outdoor sign shall be mounted on the top of the sign structure and shall be shielded according to Table 300.07(C) above.
(i) Alternate Materials and Methods of Installation. Design, material, or method of installation not specifically prescribed by this section may be approved by the Zoning Administrator provided the proposed design, material, or method complies with the intent of these provisions.
300.08 Outdoor Seating
Eating and drinking establishments with outdoor seating areas shall be located, developed, and operated in compliance with the following standards:
(a) Location. Outdoor seating areas may be permitted in Downtown Districts on any public sidewalk, provided a minimum of six (6) feet of public sidewalk remains unobstructed for pedestrian uses. Outdoor seating areas may be permitted in other zone districts as long as they do not conflict with required pedestrian walkways, parking, landscaping or loading areas.
(b) Conditional Use Permit. A Conditional Use Permit is required when the outdoor seating area is located immediately abutting the property line of a residential district, and contains more than five (5) tables or seating for fifteen (15) customers. (c) Barriers. The use of barriers around the outdoor seating area may be permitted, provided they are in a manner acceptable to the City and the design is approved by Series 300: Additional Use and Development Regulations
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the Zoning Administrator. Barriers will be required for uses involving the sale of alcoholic beverages as approved with a Conditional Use Permit. (d) Hours of Operation. The hours of operation for an outdoor seating area shall be limited to the hours of operation of the associated eating and drinking establishment.
(e) Refuse Storage Area. No structure or enclosure to accommodate the storage of trash or garbage shall be erected or placed on, adjacent to, or separate from an outdoor seating area on the public sidewalk or right-of-way. Refuse areas shall be in compliance with Section 300.13 Trash and Refuse Collection Areas. 300.09 Outdoor Storage
Outdoor storage of goods, materials, machines, equipment, and vehicles or parts outside of a building for more than seventy-two (72) hours shall conform to the standards of this section. The regulations of this section do not apply to temporary storage of construction materials reasonably required for construction work on the premises pursuant to a valid building permit.
(a) Permitted Locations. Table 300.09 states the districts where outdoor storage is permitted and prohibited.
TABLE 300.09: OUTDOOR STORAGE REGULATIONS BY DISTRICT AND LOCATION Base District Permissibility of Outdoor Storage
Agricultural/Rural/Conservation
Districts Permitted if associated with a permitted agricultural use.
Residential, Downtown, CN, and
CMX Districts
Not permitted. (All storage shall be within an enclosed building).
CR, CG, PO, IP, IA, and PS
Districts
Not permitted in front or street-facing side yards. Permitted in interior side and rear yards, or outside of required yards, subject to the standards of this section.
IG Permitted anywhere on a lot, subject to the standards of this section.
(b) Screening. Screening of outdoor storage areas shall comply with the following standards:
(1) Outdoor storage areas shall be screened so as not to be visible from any public street or freeway; Residential district; or publicly accessible open space area, parking area, access driveway, or similar thoroughfare. (2) Screening walls and fences shall be architecturally compatible with the main structure on the site and shall not have barbed wire or razor wire visible from any street or public access.
(3) No screening wall or fence shall be located within a required landscape planter along the street frontage.
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(4) If located on a lot line or in a required yard, screening walls and fences shall not exceed the maximum fence height in required yards; in other areas, they shall not exceed eight (8) feet in height, unless otherwise approved by the Zoning Administrator to adequately screen material. No stored goods may exceed the height of the screening wall or fence.
(c) Surfacing
(1) Outdoor storage areas shall be paved. This requirement does not apply to outdoor storage associated with a permitted agricultural use. (2) A waiver or exception may be granted to allow outdoor storage of nonhazardous materials on other surfacing only if the following findings can be made:
a. The proposed surfacing is appropriate, as determined by the City Engineer, to the type of product displayed; and
b. The proposed surfacing will conform to all applicable federal and State air and water quality standards.
300.10 Screening
(a) Screening of Mechanical Equipment. All mechanical and electrical equipment and antennas shall be screened or incorporated into the design of buildings so as not to be visible from the street, freeway, or adjacent residential districts. Such equipment includes, but is not limited to, all roof-mounted equipment, utility meters, cable equipment, telephone entry boxes, backflow prevention devices, irrigation control valves, electrical transformers and pull boxes. Screening devices shall be consistent with the exterior colors and materials of the buildings to which they are attached. (b) Roof Access Ladders and Fire Sprinkler Risers. Roof access ladders and fire sprinkler risers shall be located internally as allowed by the California Building Code.
(c) Parking Areas. Parking areas shall be screened from view from public streets and adjacent residential properties according to the following standards:
(1) Height. Screening of parking lots from adjacent public streets shall be three (3) feet in height. Screening along interior lot lines that abut residential districts shall be six (6) feet in height, except within the required front setback of the applicable zoning district, where screening shall be three (3) feet in height.
(2) Materials. Screening may consist of one (1) or any combination of the methods listed below.
a. Walls. Low-profile walls consisting of decorative concrete, stone, or masonry materials.
b. Fences. An open fence of wrought iron or similar material combined with plant materials to form an opaque screen. This option does not include the use of chain-link or vinyl fencing.
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c. Planting. Plant materials consisting of compact evergreen plants that form an opaque screen. Such plant materials shall achieve a minimum height of two (2) feet within eighteen (18) months after initial installation.
d. Berms. Berms planted with grass, ground cover, or other lowgrowing plant materials. (d) Drive-Through Facilities. Vehicle lanes for drive-throughs shall be screened from public streets to a height of three and one-half (3.5) feet. Screening devices shall consist of walls and/or berms with supplemental plant materials. (e) Common Property Lines. A six (6) foot high wall shall be provided on the interior lot lines where any non-residential use abuts a residential district or residential use where there is no alley. Such screening wall shall be provided at the time of new construction or expansion of buildings, or changes from one (1) use classification to another non-residential use classification.
(1) Location. Screening walls shall follow the lot line of the lot to be screened, or shall be so arranged within the boundaries of the lot so as to substantially hide from adjoining lots the building, facility, or activity required to be screened.
(2) Height. The six (6) foot high screening wall shall step down to three and one-half (3.5) feet in height from the side property line intersecting the front property line to a depth equal to the required front or side yard setback of the abutting residential use in order to provide for safe line of sight for vehicular traffic. Wall height may be increased in height to accommodate adequate sound attenuation as required through the findings of an acoustical analysis prepared by an acoustical professional. The design of such improvements shall be approved by the City Engineer.
(3) Materials. The screening wall shall be a masonry block wall. Block walls shall match the standard colors allowed in the City’s graffiti abatement program. The City Engineer may approve new wall/fencing materials that become available in the future for use as an alternative to a masonry block wall based on its proven comparable properties for durability, sound, light, and glare attenuation. Topography, berming, and other alternative methods of mitigating the nuisance of noise and light might be considered at time of project review.
(4) Timing. If the residential use develops prior to the non-residential use, a six (6) foot high wood fence may be constructed. If the non-residential use or residential use develops adjacent to existing development the wall shall be constructed with the new development. Where a six (6) foot high wood fence already exists, the masonry wall footing, when constructed, shall comply with City standards. The narrow offset portion of the masonry wall footing shall abut the existing wood fence posts, or close thereto. The gap between the fence shall be sealed with a top rail approved by the City Engineer. A condition of approval may be imposed upon the developer of the nonresidential use to work with the adjacent property owner to eliminate the Porterville Development Ordinance
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abutting and parallel wood fence. Said wall shall be constructed concurrently with the non-residential development. Those uses subject to a Conditional Use Permit may be evaluated to determine applicability of the wall requirement.
(f) State Route. Where a residential use abuts State Route rights-of-way or State Route frontage road rights-of-way, screening according to the following shall be installed along that frontage.
(1) Height. An eight (8) foot high wall shall be provided unless an acoustical analysis prepared by an acoustical professional verifies that an appropriate height greater or lesser than the eight (8) feet is warranted or, subject to the approval of any discretionary permit (i.e. Conditional Use Permit, parcel or subdivision map). The design of such improvements shall be approved by the City Engineer.
(2) Material. The screening wall shall be a masonry block wall constructed of decorative, split-face block and brown in color per the approved colors maintained in the Community Development Department. The wall shall include decorative columns, spaced no more than sixty (60) feet apart, with stone veneer. The entire wall, including the columns, shall be capped on top.
The City Engineer may approve new wall/fencing materials that become available in the future for use as an alternative to a masonry block wall based on its proven comparable properties for durability, sound, light, and glare attenuation. Topography, berming, and other alternative methods of mitigating the nuisance of noise and light may be considered at time of project review.
(3) Landscaping. Landscaping shall be provided along these walls to include trees, shrubs, groundcover and vines in order to improve the aesthetics of the wall and prevent graffiti. Adequate land and access shall be provided to install and maintain such landscaping, to the satisfaction of the Parks and Leisure Services Director. Maintenance of wall landscaping shall be provided by the developer, or by an assessment district established for such maintenance in perpetuity.
(g) Adjacent to Residential Uses. The Zoning Administrator may require a block wall based on the site design of the parking or service area or where other noise, light, and glare are oriented toward a residential use. The wall design shall be approved as part of the project by the City Engineer to ensure that adequate line of sight distance is provided.
300.11 Street Dedication, Construction of Public Improvements, and Installation of Certain Parkway Improvements
Public improvements shall be provided in compliance with the following standards to any property or lot where public improvements were never constructed or installed to City standards, or where such public improvements for whatever cause have deteriorated to a condition that they no longer adequately serve their intended purpose. An applicant for a Series 300: Additional Use and Development Regulations
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Conditional Use Permit or building permit shall be required to provide for said public improvements along the frontage of such property as follows:
(a) Right-of-way Dedication. Dedicate street right of way necessary to obtain the ultimate right of way width as required by ordinance or resolution of the City Council.
(b) Curb, Gutter, and Sidewalk. Construct new, and/or repair existing curb, gutter, sidewalk and handicap ramp as required by the City Engineer. If, due to existing topographic or related conditions, the City Engineer determines that it would be in the best interests of the City and its inhabitants to construct said curb, gutter and sidewalk at a later date, the applicant shall deposit to the City a cash amount equal to the City Engineer's estimate of construction cost, or execute an agreement as provided by Section 20-40.5, Deferred Construction, Cash Deposit, Lien Agreement, of the Municipal Code.
(c) Street and Alley Paveout. Construct street, and, if applicable, alley paveout, from the gutter lip in the case of streets, and from the property line in the case of alleys, to the existing pavement in accordance with City standards. In cases where the street or alley is not paved, the construction required of the applicant shall not exceed fifty (50) percent of the width of the street or alley. If, due to existing topographic or related conditions, the City Engineer determines that it would be in the best interests of the City and its inhabitants to construct said street or alley paveout at a later date, the applicant shall deposit to the City a cash amount equal to the City Engineer's estimate of construction cost, or execute an agreement as provided by Section 20-40.5, Deferred Construction, Cash Deposit, Lien Agreement, of the Municipal Code.
(1) Single-family dwellings or duplexes shall not be required to pay for any paveout costs that are over two (2) feet from the gutter lip or property line. (d) Utility Structures. Relocate existing utility structures, when required, to an area within the parkway to the satisfaction of the City Engineer. (e) Parkway Trees. Provide for the installation of parkway trees as required by the Director of Parks and Leisure Services in accordance with City standards pertaining to the type, size, spacing and placement of such trees; to the maintenance or extension of street tree themes when applicable; and, to the time of installation when it is determined it would be in the best interest of the City to postpone the placement of trees required pursuant to this section.
(f) Non-residential Development. The following improvements shall be installed with all non-residential development.
(1) Fire Hydrants. Fire hydrants to meet City standards for type, size and spacing in accordance with the requirements of the Fire Department, and to the satisfaction of the City Engineer. In lieu of installation, if otherwise required pursuant to the provisions of this Section, the City may require payment of a prorated fire hydrant fee in an amount set by resolution of the City Council to acknowledge the area of benefit served by same.
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(2) Streetlights. Streetlights as required by the City Engineer at intersections, culs-de-sac, crosswalks, curves, etc., to meet City standards for type, illumination and spacing. In lieu of installation, if otherwise required pursuant to the provisions of this Section, the City may require payment of a prorated streetlight fee in an amount set by resolution of the City Council to acknowledge the area of benefit served by same.
(3) Drainage Facilities. Drainage facilities as required by the City Engineer to meet City standards.
300.12 Swimming Pools
Swimming pools located in any zoning district shall not be located in the required front yard, required landscaped areas or closer than five (5) feet from the water’s edge to any lot line or building.
300.13 Trash and Refuse Collection Areas
Solid waste and recycling-container enclosures are required for new dwelling groups consisting of four (4) or more dwelling units and for all nonresidential developments in accordance with the following standards:
(a) Location. All enclosures shall comply with the California Building Code and Fire Code and shall meet the following requirements unless it is demonstrated that they are infeasible as determined by the Zoning Administrator. (1) The solid waste and recycling storage area shall not be located within any required front yard, street side yard, or required landscaped area, or any other area required by this Ordinance to be constructed or maintained unencumbered according to fire and other applicable building and public safety codes.
(2) Solid waste and recycling areas shall be consolidated to minimize the number of collection sites and located so as to reasonably equalize the distance from the building spaces they serve. The number of required collection sites shall be determined by the Public Works Department. (3) Solid waste and recycling storage areas shall be conveniently accessible to refuse trucks. Enclosures shall be located so that the trucks and equipment used by the City of Porterville or its contractors have sufficient maneuvering areas and, if feasible, so that the collection equipment can avoid backing.
Project applicants are responsible for procuring current equipment size and turning radius from the City of Porterville or its contracted solid waste and recycling collector(s).
(b) Materials, Construction, and Design
(1) Minimum Height of Screening. Solid waste and recycling storage areas located outside or on the exterior of any building shall be enclosed per City standards for refuse and recycling enclosures.
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(2) Enclosure Material. Enclosure material shall be solid masonry or concrete tilt-up with decorated exterior-surface finish compatible to the main structure(s).
(3) Gate Material. Gate material shall be decorative, solid, heavy-gauge metal or a heavy-gauge metal frame with a covering of a view-obscuring material.
If not visible from a public street, public parking area, or residential area, the enclosure gates may be constructed of chain link with wood or plastic inserts.
(4) Access to Enclosure from Residential Projects. Each solid waste and recycling enclosure serving a residential project shall be designed to allow walk-in access without having to open the main enclosure gate. (5) Enclosure Pad. Pads shall be a minimum of six (6) inch-thick concrete. (6) Protection for Enclosures. Concrete curbs or equivalent shall protect enclosures from adjacent vehicle parking and travel ways. (7) Landscaping. The perimeter of the recycling and trash enclosure, except for areas used for access, shall be planted, if feasible, with drought resistant landscaping, including a combination of shrubs and/or climbing evergreen vines.
(8) Clear Zone. The area in front of all enclosure types shall be kept clear of obstructions, and shall be painted, striped, and marked “No Parking.” 300.14 Truck Docks, Loading, and Service Areas
(a) Minimum Distance from Residential Districts. Truck docks, loading, and service areas are not permitted within fifty (50) feet of an R district boundary, unless noise mitigation and view obscuring screening is provided, as approved by the Zoning Administrator.
(b) Screening. Truck docks, loading, and service areas located in any district shall be screened from any adjacent residential districts or uses. In all districts except IA, IP and IG districts, these facilities shall be located at the interior side of buildings or on the rear of the site and be screened so as not to be visible from public streets. 300.15 Underground Utilities
All electrical, telephone, cable television, and similar distribution lines providing direct service to a development site shall be installed underground within the site. 300.16 Visibility at Driveways and Intersections (Sight Distance) Visibility at driveways and intersections shall be maintained in accordance with the following standards. The City Engineer may require extended or reduced sight distance lengths where special conditions exist or will be created, as necessary to maintain adequate visibility.
(a) Driveways. Visibility at a driveway crossing a street property line shall not be blocked above a maximum height of three (3) feet by vegetation or three and one- Porterville Development Ordinance
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half (3.5) feet by structures for a depth of twelve (12) feet as viewed from the edge of the curb face on either side of the driveway at a distance of twelve (12) feet.
Street trees that are pruned at least eight (8) feet above the established grade from top of curb so as not to obstruct clear view by motor vehicle drivers are permitted.
FIGURE 300.16(A): DRIVEWAY VISIBILITY
(b) Controlled Intersections. A controlled intersection is one where a traffic signal or stop sign (all-way or minor street only) exists to control the flow and ensure the safety of traffic. Visibility at controlled street intersections shall not be blocked above a maximum height (measured from intersection street grades) of three (3) feet by vegetation or three and one-half (3.5) feet by structures, including, but not limited to, fences and walls. There shall be corner cut-offs of all lots which abut an intersection of two streets. These standard corner cut-offs are determined by intersection points located twelve (12) feet from the edge of the curb face of each street and are the areas between these intersection points and the streets, one point being twenty (20) feet from the curb face extension and the other a distance “D” from the intersection of the crossing street (see Table 300.16, Sight Distance Standards). The corner cut-offs for left turns from a minor road, are determined by intersection points located three (3) feet from the middle edge of the inside lane, and are the areas between these intersection points and the streets, one point being twenty (20) feet from the curb extension and the other a distance “D” from the intersection of the crossing street (see Table 300.16). No obstruction which limits the visibility of persons operating vehicles on said streets shall be permitted in corner cut-off areas.
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FIGURE 300.16(B): VISIBILITY AT CONTROLLED INTERSECTIONS (c) Uncontrolled Intersections. An uncontrolled intersection is one where no traffic controls exist and is subject only to yielding from each street leg. Same requirements as controlled intersections shall apply except that both intersecting streets shall require a distance “D” from the intersection of the crossing street to comply with the sight distance requirements on Table 300.16, Sight Distance Standards.
FIGURE 300.16(C): VISIBILITY AT UNCONTROLLED INTERSECTIONS Porterville Development Ordinance
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TABLE 300.16: SIGHT DISTANCE STANDARDS
Design Speed
(mph)
Controlled Intersections Sight
Distance (ft)
Controlled
Intersections, Left
Turn from Minor
Road Sight Distance
(ft)
Uncontrolled
Intersections, Sight
Distance (ft)
15 80 105 70
20 115 145 90
25 155 195 115
30 200 245 140
35 250 305 165
40 305 365 195
45 360 430 220
50 425 500 245
55 495 580 285
60 570 660 325
Note: Design speed is based on road classification per AASHTO or Caltrans manuals Sources:
“A Policy on Geometric Design of Highways and Streets,” AASHTO, 2010. “Highway Design Manual,” Caltrans, 2011
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Chapter 301 Standards For Specific Uses and Activities
Sections:
301.01 Accessory Uses and Structures
301.02 Alcoholic Beverage Sales
301.03 Animal Keeping
301.04 Automobile/Vehicle Service and Repair, Major and Minor 301.05 Auto Service Stations and Car Washing
301.06 Crop Cultivation
301.07 Family Day Care Home, Large
301.08 Hazardous Waste Management Facilities
301.09 Home Occupations
301.10 Manufactured Homes
301.11 Mobile Home Parks
301.12 Outdoor Retail Sales
301.13 Personal Storage Facilities
301.14 Recycling Facilities
301.15 Residential Care Facilities, General
301.16 Second Dwelling Units
301.17 Sexually Oriented Businesses
301.18 Single Room Occupancy Hotels
301.19 Social Service Facilities
301.20 Telecommunication Facilities
301.21 Temporary Uses
301.22 Transitional and Supportive Housing
301.01 Accessory Uses and Structures
An accessory use shall be secondary to a primary use and shall be allowed only in conjunction with a principal use or building to which it relates under the same regulations as the main use in any zoning district. Accessory uses and structures are also subject to the development and site regulations found in Chapter 300, General Site Regulations.
Accessory structures shall be designed to be of similar/compatible architecture and materials as the main buildings, and in addition shall be located, developed, and operated in compliance with the following standards in the agricultural and residential zone districts as follows:
(a) Agricultural Accessory Structures. In the ARC districts, agricultural accessory uses and structures are allowed subject to the provisions of this section. Agricultural accessory uses and structures include any uses that are customarily related to an agricultural use including stables, barns, pens and sheds or other structures for the housing of such animals, feed, equipment, and tools.
(1) Size. The maximum lot coverage allowed by the development standards shall not be exceeded.
(2) Height. The agricultural accessory structure shall not exceed thirty-five (35) feet in height unless approved by the Zoning Administrator.
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(3) Building Separation. Agricultural accessory structures shall be separated from any main building by a minimum of six (6) feet.
(4) Setbacks. Agricultural accessory structures shall meet all setback requirements of the main building.
(b) Residential Accessory Structures. Residential accessory structures include any uses that are customarily related to a residence, including garages, greenhouses, storage sheds, studios, workshops, detached covered decks (i.e. a patio structure), detached uncovered decks and patios two and one-half (2.5) feet in height or greater, and similar structures. Uncovered decks under two and one-half (2.5) feet in height, and fences are not subject to the regulations in this section. Additional regulations for residential second units are located in Section 301.16, Second Dwelling Units.
(1) Attached Structures. An attached structure is not, by definition, an accessory structure. A structure shall be considered attached to a main structure if it is architecturally compatible with and made structurally a part of the main structure, including sharing a common wall or roof-line with the main structure. A structure attached with a breezeway connecting a door of the residence to a door of the detached structure, with a roof that is a minimum of eight (8) feet in width and fifteen (15) feet in length, will be considered a part of the main structure for purposes of this Ordinance. An attached structure shall comply with all requirements of this Ordinance applicable to the main structure, including, but not limited to setback requirements and height limits.
(2) Number of Structures. The number of detached accessory structures shall be limited to two (2) unless approved by the Zoning Administrator. (3) Size. The floor area of detached accessory structures shall not exceed a cumulative floor area of one thousand two-hundred (1,200) square feet unless approved by the Zoning Administrator. In reviewing a request for additional size, the Zoning Administrator may consider neighborhood compatibility, overall lot coverage, relationship of the accessory structure to the main structure and use, and any circumstances unique to the neighborhood. In no case shall the accessory building exceed the ground floor area of the main building and in no case shall the maximum lot coverage allowed by the development standards be exceeded. (4) Height. The maximum height shall not exceed eighteen (18) feet. The Zoning Administrator may consider buildings exceeding eighteen (18) feet in height that are stepped back one (1) foot from the required side and rear setback lines for every foot of height above eighteen (18) feet up to twentyfour (24) feet. (5) Building Separation. Detached accessory structures requiring a building permit, with the exception of shade structures, shall be separated from any main building by a minimum of six (6) feet.
(6) Setbacks. When located in the rear one-third of a lot, detached accessory buildings shall not be located closer than four (4) feet to any rear property Series 300: Additional Use and Development Regulations
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line. In instances where the rear property line is coterminous with an alley right-of-way, the accessory building shall not be closer than one (1) foot to such rear property line. Detached accessory buildings shall meet all other setback requirements of the main building.
301.02 Alcoholic Beverage Sales
Conditional Use Permit approval is required for any use involving the sale of alcoholic beverages under an on-sale or off-sale license.
(a) Liquor Stores. Liquor Stores and other off-sale establishments that dedicate more than twenty-five (25) percent of the sale floor to sales of alcoholic beverages for off-premises consumption, but excluding full-service grocery stores, shall be located, developed, and operated in compliance with the following standards:
(1) Location. In all areas outside the Downtown Districts, such establishment shall be located a minimum of five hundred (500) feet from any other such establishment or any educational, religious, or cultural institution or public parks. The five hundred (500) foot separation requirement does not apply in the Downtown Districts.
(2) Litter. Trash receptacles shall be provided by entrances and exits from the building.
(3) Pay Telephones and Vending Machines. External pay telephones and vending machines are prohibited.
301.03 Animal Keeping
Animal keeping is allowed as an accessory use to a primary residential use. Animals may be kept in compliance with the following standards:
(a) Residential Household Pets. Household pets such as domestic dogs, cats, or birds, ordinarily permitted inside of a dwelling and kept only for the company and pleasure provided to the occupants shall be permitted. Household pets shall not include horses, cows, goats, sheep or other equine, bovine, ovine or ruminant animals, pigs, chickens, ducks geese, turkeys, game birds or fowl which normally constitute an agricultural use. At no time shall the combined number of animals kept exceed seven (7) animals. At no time shall the number of cats or dogs exceed three (3) animals.
(b) Agricultural Animals The keeping of horses, cows, goats, sheep or other equine, bovine, ovine or ruminant animals is permitted in the AC and RR zone districts on lots one-half (0.5) acre or greater as long as the number of animals does not exceed one (1) per fifteen thousand (15,000) square feet of lot area. The keeping of chickens, ducks, geese, turkeys, game birds or fowl is permitted with the total number not to exceed twelve (12) birds per gross acre. The raising of pigs is permitted in conjunction with an FFA or 4-H project for any recognized Fair, the limit being one (1) animal per student residing on the property. All animals other than household pets shall be housed or penned at a minimum distance of thirty-five (35) feet from property lines and fifty (50) feet from any residence. All areas and Porterville Development Ordinance
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structures used in conjunction with the keeping of animals other than household pets shall be maintained and cleaned so as not to present a public hazard or nuisance.
(c) No predatory wild animals, roosters, endangered or protected animals are allowed to be raised within the City.
(d) The offspring of any permitted animal may be kept until weaned, unless they do not exceed the total number of animals allowed.
(e) No animals are to be kept for commercial purposes in the RR, RS-1, RS-2, RM-1 RM-2 and RM-3 zones.
(f) The keeping of pigeons shall be in accordance with City of Porterville Municipal Code Chapter 5, Animal Control.
301.04 Automobile/Vehicle Service and Repair, Major and Minor Major and Minor Automobile/Vehicle Service and Repair uses shall be located, developed, and operated in compliance with the following standards:
(a) Noise. All body and fender work, stereo installation and testing, or similar noisegenerating activity shall be conducted within an enclosed masonry or similar building with sound-attenuating construction to absorb noise. Air compressors and similar equipment shall be located inside a building.
(b) Litter. The premises shall be kept in an orderly condition at all times. No used or discarded automotive parts or equipment or permanently disabled, junked, or wrecked vehicles may be stored outside a building.
(c) Work Areas. All work shall be conducted within an enclosed building. (d) Bay Doors. Bay doors shall not face a public right of way. On corner lots fronting two (2) or more streets with different classifications in the General Plan, bay doors shall face the street with the lower classification.
301.05 Auto Service Stations and Car Washing
Service stations, automobile/vehicle washing facilities, and any other commercial use that includes fuel pumps for retail sales of gasoline shall be located, developed, and operated in compliance with the following standards:
(a) Bay Doors. Bay doors shall not face a public right of way. On corner lots fronting two (2) or more streets with different classifications in the General Plan, bay doors shall face the street with the lower classification.
(b) Pump Islands. Pump islands shall be located a minimum of fifteen (15) feet from any property line to the nearest edge of the pump island. A canopy or roof structure over a pump island may encroach up to ten (10) feet within this distance.
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(c) Canopies and Roof Structures. Canopies and roof structures over a pump island, including associated signage, shall be designed as an integral design element of a building’s architecture and architecturally compatible, including materials, color and design details, with surrounding structures.
(d) Washing Facilities. No building or structure shall be located within ten (10) feet of the property line or within twenty (20) feet of any interior lot line of a residential use or an R district.
(e) Signage. Where not otherwise accommodated in Section 305, Signs, service station signage needed to comply with the California Business and Professions Code §13532 can be approved by the Zoning Administrator.
(f) Hours of Operation. Automobile/vehicle washing facilities are limited to 7:00 a.m. to 10:00 p.m., seven (7) days a week. When abutting an R district, the hours of operation shall be 8:00 a.m. to 8:00 p.m., seven (7) days a week unless modified otherwise by a Conditional Use Permit.
(g) Application Review and Findings for Approval. In reviewing proposals, emphasis shall be placed on quality design of building materials and landscape features. The following standards shall be incorporated:
(1) The project shall be designed so that form and scale are harmonious and consistent with the character of the specific site, the adjacent uses and structures, and the surrounding neighborhood.
(2) The site design, including the location and number of driveways, shall promote safe and efficient on-site and off-site traffic circulation. (3) Service bay openings shall be designed to minimize the visual intrusion on surrounding streets and properties.
(4) Lighting shall be designed to be low-profile, indirect or diffused, create a pleasing appearance, and avoid adverse impacts on surrounding uses. (h) Conditions of Approval. Conditions of approval of a Conditional Use Permit may address operational characteristics of the use; impose restrictions on outdoor storage and display, location of pump islands, canopies and service bay openings; and/or require buffering, screening, lighting, planting areas, or other site elements, in order to avoid adverse impacts on properties in the surrounding area. (i) Abandonment. Any service station shall in the case of abandonment or nonoperation of the primary use be dismantled and the site cleared within twelve (12) months subsequent to the close of the last business day. 301.06 Crop Cultivation
Commercial Crop Cultivation is allowed as an interim use in zones designated in Series 200. These standards apply to the zones which permit commercial crop cultivation with a Minor Conditional Use Permit.
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(a) Purpose and Intent
(1) It is the purpose and intent of this section to provide opportunity for interim use of land within city limits until such time as the development market supports the intended development of said lands.
(2) Commercial crop cultivation can be allowed with a conditional use permit on an interim basis only where the impacts of an agricultural operation will not be detrimental to the health, safety, peace, or general welfare of persons residing or working in the surrounding area.
(3) Crop cultivation allowed under the premises of this section is secondary to its availability for urban development and should be available for development as an urban use when market conditions improve for such a use.
(4) Use of a subject site for crop cultivation for an interim period does not result in the land being construed as an agricultural resource requiring protection or preservation.
(5) If residentially zoned, the land, regardless of the status of its agricultural use, will be considered in the City’s Housing Element and the Regional Housing Needs Assessment (RHNA) as available for residential use. (6) The key intent of this section is to limit the use to a time period period that is appropriate to the type of agricultural crop to be planted, to allow sufficient time for a reasonable profit to be realized while assuring that the use is interim in nature. At its discretion, the City Council may set time periods to limit the use to a specific amount of time.
(7) This section shall not be construed to apply to animal confinement. (b) Development Standards
Commercial crop cultivation allowed by this section shall comply with the following standards:
(1) The aerial application of fertilizers, pesticides, or other agricultural treatments is not allowed.
(2) Prior to the application of pesticides, fungicides, or insecticides, notice will be given to all property owners within 300 feet of the parcel(s), and notice shall be posted on site along every 100 feet of street frontage. Notice shall be no smaller than 10” x 12” and with the word “Notice” in 80 point font. (3) A minimum twenty (20) foot wide drive aisle clearance shall be maintained along all property boundaries.
(4) The applicant/property owner shall not enter into a Williamson Act contract or other agricultural preservation measure, whether for tax reduction or other purposes.
(5) A vector/rodent control plan shall be submitted and approved with the conditional use permit and implemented for the term of the agricultural use.
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(6) The applicant shall indemnify the City of Porterville to the satisfaction of the City Attorney from and against any and all claims or legal recourse resulting from the agricultural operation.
(c) Considerations
(1) The following factors will be considered on a project-by-project basis to determine if commercial crop cultivation is an appropriate use for a particular site. The Council may consider the following factors or others as may be appropriate, based on the location of the proposed use and its proximity to urban uses and may consider limiting some crop types due to impacts of excessive noise, dust, vibration, odors or other effects on surrounding uses.
(2) No “Right to Farm” is conveyed or otherwise implied with the use. (3) The area to be farmed is of adequate size, dimension and topography to accommodate the proposed use.
(4) The burning of agricultural waste/trimmings/etc. on the property will not create a public nuisance or a danger due to the close proximity of urban uses.
(5) On-site sale of crops is allowed in accordance with Section 301.06(d) Sale of Agricultural Crops.
(6) The use does not involve the installation of underground storage tanks. (7) Best Management Practices to reduce spray drift will be implemented. (8) Wells, as needed to serve the subject site, are subject to California Department of Public Health Services approval and review of the City Engineer.
(9) Irrigation water run-off, if any, can be contained on site. (10) The area shall be groomed of weeds and agricultural waste regularly to reduce potential fire hazard, proliferation of pests, and unsightly conditions. (11) Equipment and vehicles related to the active farming operation of the site shall not be parked in the public right of way and vehicular circulation related to the use shall occur on-site.
(12) The applicant shall remove all abandoned crops upon discontinuation of the use.
(d) Sale of Agricultural Crops
The on-site sale of agricultural crops may be considered by the City Council subject to the following criteria:
(1) Sales from the site are seasonal in nature.
(2) Sales are limited to those crops grown on site.
(3) Sales booths have adequate parking and there is appropriate surfacing for the parking area and drive aisle.
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(4) There is safe access to and from the site from the right of way. (5) The sales booth conforms to all requirements of the California Building Code and the size of the booth is commensurate with the crop to be sold, the size of the cultivation area and the length of the season, but shall not exceed 500 square feet.
(6) One 40 square foot sign is allowed as a wall sign or freestanding sign not greater than twelve (12) feet in height.
301.07 Family Day Care Home, Large
Large Family Day Care Homes shall be located, developed, and operated in compliance with the following standards:
(a) Location. Large Family Day Care Homes shall be located at least three hundred (300) feet apart in all directions from any other Large Family Day Care Home. (b) Hours of Operation. Large Family Day Care Homes shall operate only between the hours of 6:00 a.m. and 7:00 p.m., Monday through Friday. No outdoor play is allowed before 9:00 a.m.
(c) Residency. The operator of a Large Family Day Care Home shall be a full-time resident of the dwelling unit in which the facility is located. (d) Screening. A periphery wall, constructed of wood or masonry, shall be provided for purposes of securing outdoor play areas and screening the site and shall achieve seventy-five (75) percent opacity. Chain metal fencing or barbed wire is prohibited. (e) Signs. No sign shall be publicly displayed on the premises relating to the Large Family Day Care Home.
(f) Play Area. A minimum of seven hundred (700) square feet of play area is required.
An additional seventy-five (75) square feet is required for each child in excess of ten (10), as shown by the maximum number of children which may be cared for at any time, pursuant to the license for such a facility. The play area shall not be located in any required front or side yard.
(g) Parking and Loading. An operator of a Large Family Day Care Home shall satisfy the following conditions:
(1) Passenger Loading and Drop-off. A minimum of one (1) additional improved off-street drop-off and pick-up parking space shall be provided. (2) Traffic. Increased traffic due to the operation of any Large Family Day Care Home shall not cause traffic levels to exceed those levels customary in residential neighborhoods. However, somewhat higher traffic levels during the morning and evening commute time is acceptable.
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301.08 Hazardous Waste Management Facilities
All hazardous waste management facilities, except household hazardous waste collection centers authorized by the City and the Tulare County Health Department, shall be located, developed, and operated in compliance with the following:
(a) Application Content. Applications for hazardous waste management facilities shall include the following:
(1) Site Plan. A detailed site plan depicting all buildings, land uses, storage areas, parking areas, and driveways internal and surrounding traffic circulation. Occupancy type and rating for each building or structure shall be identified.
(2) Best Management Practices. Demonstrate and certify that they are minimizing the generation of hazardous waste through the use of the best available technology within their manufacturing, and/or product development processes. Applicants shall also demonstrate and certify that facilities will be using the best available control technology in minimizing air emissions and processing hazardous waste. Such demonstration and certification shall be provided prior to the issuance of any building permit or other land use entitlement.
(3) Waste Characteristics and Capacity. Identify the amounts (in tons) and types of hazardous waste to be treated and stored; the duration of stored waste on the facility site and the ultimate destination of the waste. The owner-operator shall make this information available on a quarterly basis to the City of Porterville on an on-going basis. If the application is for a transfer station the applicant shall identify the capacity of the facility to store each type of waste stream, service area(s) of the facility and ultimate disposition of the waste.
(4) Air Quality Analysis. An analysis of all anticipated air quality impacts and proposed mitigation measures. The hazardous waste facility shall comply with the rules and regulations of the San Joaquin Valley Air Pollution Control District.
(5) Risk Assessment. A risk assessment which analyzes, in detail, all probabilities of accidents or spills at the site, (including transportation related) or accidents from the point of origin to the facility, and any other risk assessment requested by either the City Manager, Zoning Administrator, or the City Council. Such analyses shall identify mitigation measures to reduce the identified risks. The risk assessment shall identify the most probable routes for transporting hazardous wastes to and from the facility. (6) Alternatives Analysis. All applications shall contain an analysis of alternative regional sites which shall be reviewed pursuant to the California Environmental Quality Act.
(7) Emergency Response Plan. An Emergency Response Plan that indicates at a minimum:
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a. That the proposed plan is consistent with any and all applicable County and Regional Emergency Response Plans and all City, County, State and Federal Regulatory requirements regarding Emergency Response Procedure.
b. Detailed procedures to be employed at the time of emergency for each type of chemical substances utilized including contingency procedures.
c. Anticipated impacts on local fire, police, and medical services. d. Names, home and business addresses, and home and business telephone numbers of all management personnel at the facility, if known, and a detailed description of uncontrolled release and emergency situation reporting procedures.
(8) Geotechnical Report. A geotechnical report providing complete analysis of on-site soil conditions, fault hazards, underground water supplies, and recommendations.
(9) Flooding Information. An analysis of the potential of flooding on the site.
Note residual repositories are prohibited in areas of special flood hazards as depicted by FEMA Flood Hazard Maps.
(10) Traffic Analysis. Applicants shall submit a traffic analysis which addresses, at a minimum, vehicle-truck trips, effects on nearby intersections, and any special characteristics of the project site. Applicants shall also identify the most likely transportation routes within the City and the County. (11) Closure Plan. The Owner/Operator of a hazardous waste facility shall, prior to any local land use decision, submit to the Fire Department a written Closure Plan approved by the California Department of Health Services. All revisions to such Closure Plans shall also be submitted to the Fire Department.
(12) Safety. The Owner/Operator shall demonstrate that the separation between the hazardous waste facility and residential areas is adequate to protect the health, safety, welfare, and property values of residents. (b) Monitoring. At minimum, hazardous waste facilities are subject to the following monitoring requirements:
(1) Upon reasonable notice, and for the purpose of ensuring compliance with all standards, conditions, and other requirements which the City is authorized to enforce under its police power, City Officials or their designated representatives may enter the premises on which a hazardous waste facility permit has been granted.
(2) The Owner/Operator of a facility shall report quarterly to the Fire Chief the amount, type, and disposition of all wastes processed by the facility.
Included in the report shall be copies of all manifests showing the delivery and types of hazardous wastes and include a map showing the exact location (coordinants and elevation) of quantities and types of materials placed in repositories or otherwise stored or disposed of on-site.
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(3) The Owner/Operator of a hazardous waste facility shall immediately send copies of all complaints as to facility operations and copies of all inspection reports made by other local, state or federal agencies to the Fire Chief and City Engineer.
(4) The Owner/Operator of all facilities shall prepare and submit an Annual Emergency Response Preparedness Report to the Fire Department and all other local emergency response agencies. Such report shall be signed by all management personnel at the facility and each person at the facility who has emergency response responsibilities.
(5) The Owner/Operator of all facilities shall submit an annual Air, Soil, and Groundwater Monitoring Report to the City Engineer.
(c) Modifications. Any modifications of the types and quantities of hazardous waste to be managed at the facility which were not included in the approved application for a Conditional Use Permit shall be approved by the Fire Chief and City Engineer before such modifications occur at the facility.
(d) Contingency Plan. Every hazardous waste facility shall have a contingency operation plan approved by the California Department of Health Services. A copy of the contingency plan shall be maintained at the facility and sent to the Police Department, Fire Department, Engineering Division, and the County Department of Environmental Health.
(e) Financial Assurance. Prior to issuance of an "Occupancy Permit" to begin the use of a hazardous waste facility, the applicant shall show proof that it has met all of the financial responsibility requirements imposed by the California Department of Health Services and any other federal or state agency.
(f) Indemnification. The applicant agrees to indemnify, defend, and render harmless the City, and its City Council and all officers, employees and agents of the City against and from all claims, actions and liabilities relating to the land use decision or arising out of the operation of the facility.
(g) Enforcement. All costs of compliance with this Ordinance shall be borne by the Owner/Operator. The City may employ any and all methods permitted by law to enforce this Ordinance.
(h) Maintenance. The Owner/Operator shall keep all equipment and buildings in good repair and shall employ technological advances as may be required by the California Department of Health Services, San Joaquin Valley Air Pollution Control District, or U.S. Environmental Protection Agency.
(i) Findings. The following findings shall be made in writing prior to making a land use decision which will allow the siting of a hazardous waste facility project:
(1) The project is consistent with the General Plan.
(2) The project will not be detrimental to the health, safety, or general welfare of the community.
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(3) The project will not significantly reduce incentives for waste minimization by hazardous waste generators.
(4) There are adequate City services available to service the project. (5) The project has met or exceeded each requirement of this Ordinance. (6) All environmental impacts identified in an Environmental Impact Report or Negative Declaration as part of the permit process in compliance with the California Environmental Quality Act have been adequately mitigated. 301.09 Home Occupations
Home Occupations, that are carried on by an occupant of a dwelling unit for gainful employment are clearly incidental and subordinate to the use of the structure for dwelling purposes and that do not change the residential character of the primary use, are allowed and shall be operated in compliance with the following standards. Home Occupations are subject to zoning conformance approval pursuant to Chapter 602, Zoning Conformance Review.
(a) Permitted Uses. Home occupations generally include, but are not limited to, the following uses:
(1) Professional Offices.
(2) Offices for personal services such as janitorial service, gardening service, office services, etc.
(3) Dressmaking, millinery, and other home sewing work. (4) Handicrafts such as weaving, leatherwork, and other arts and crafts. (5) Instructional classes, not exceeding two (2) students at one (1) time. (6) Internet sales, mail order or direct sales provided no merchandise is sold on the premises.
(7) Cottage food operations.
(b) Prohibited Uses. The following uses are not permitted as a home occupation. (1) The repair, reconditioning, servicing or manufacture of any internal combustion or diesel engine or of any motor vehicle, including automobiles, trucks, motorcycles, or boats.
(2) Repair, fix-it or plumbing, welding or fabrication shops. (3) Uses that entail the harboring, training, raising, or grooming of dogs, cats or other animals.
(4) Uses that entail food handling, processing or packing, other than those permitted by cottage food operation.
(5) Healing arts.
(6) Spiritual advisory service (fortune-telling).
(c) The residential use remains the primary activity on the property.
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(d) No sign shall be publicly displayed on the premises relating to the home occupation or product thereof.
(e) No person not residing on the premises may be employed at the site of the home occupation.
(f) Sale of goods on the premises shall be limited to the products of the home occupations, and no other merchandise or goods shall be sold, kept or displayed for the purposes of sale on the premises.
(g) The home occupation shall not attract or generate excessive auto or foot traffic, require additional off-street parking spaces, involve the use of commercial vehicles for delivery of materials or supplies to or from the premises, or exceed six (6) patrons or customers for any calendar day.
(h) No use of materials, mechanical equipment, utilities, or community facilities beyond that normal to the use of the property for residential purposes shall be permitted.
(i) Storage related to the home occupation shall be confined to the dwelling or accessory building.
(j) No dwelling or accessory buildings shall be built, altered, finished, or decorated externally for the purposes of conducting the home occupation in such a manner as to change the residential character and appearance of the dwelling, or in such a manner as to cause the structure to be reasonably recognized as a place where a home occupation is conducted.
(k) No garage or accessory building shall be altered or used in such a manner that would reduce the number of covered parking spaces required in the district in which it is located.
(l) Not more than one (1) vehicle of not more than one ton capacity used in connection with the home occupation shall be kept on the site. Any trailer, wheeled equipment, or any vehicle displaying or advertising the home occupation shall not be visible from off the premises.
(m) The home occupation shall not involve the use of power equipment on the premises using motors exceeding one (1) horsepower combined capacity. (n) No equipment or process shall be used which creates noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot if the occupation is conducted in a single-family detached residence, or outside the dwelling unit if conducted in other than a single-family detached residence. No equipment or process shall be used which creates visual or audible electrical interference in any radio or television receiver off the premises, or causes fluctuations in line voltage off the premises.
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301.10 Manufactured Homes
Manufactured homes shall be designed and operated in compliance with the following standards:
(a) General Requirements. Manufactured homes may be used for residential purposes subject to the provisions of this section. Manufactured homes may also be used for temporary uses subject to the approval of a temporary Use Permit (See Chapter 605, Temporary Use Permits).
(b) Design Criteria. A manufactured home shall be compatible in design and appearance with residential structures in the vicinity and shall meet the following standards:
(1) Foundation. A manufactured home shall be built on a permanent foundation system approved by the Building Official.
(2) Date of Construction. Each manufactured home shall have been manufactured within ten (10) years of the date of issuance of a permit to install the manufactured home and shall be certified under the National Manufactured Home Construction and Safety Act of 1974.
(3) Skirting. The unit’s skirting shall extend to the finished grade. 301.11 Mobile Home Parks
Mobile home parks shall be located, developed, and operated in compliance with the following standards:
(a) Maximum Density. The maximum density is as allowed by the base zoning district in which the mobile home park is located.
(b) Access. Access to internal private streets is required for all mobile home lots or spaces within the mobile home park. Direct access from a mobile home lot or spaces to a public street or alley is not permitted. All points of vehicular access to and from public streets shall be approved by the City Engineer.
(c) Internal Streets. All private internal streets within the mobile home park shall not be less than thirty (30) feet in width and shall be surfaced and maintained with an all-weather surface.
(d) Parking. Each unit shall provide for at least two vehicle parking spaces, one of which shall be covered.
(e) Walls and Screening. Exterior boundaries of a mobile home park adjacent to a public street frontage shall be screened with a six (6) foot high solid wall setback twenty (20) feet from the property line. Such walls shall be composed of decorative block, concrete panels or similar materials and include architectural relief through variations in height, the use of architectural “caps,” columns, or similar measures.
Block walls shall match the standard colors allowed in the City’s graffiti abatement program.
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(f) Common Open Space. Recreation, or common open spaces, shall be provided for each mobile home park or subdivision in accordance with Section 201.04(b)(4) and (5). An area of at least three hundred (300) square feet for each mobile home space shall be provided. This open space may be used in more than one (1) location, but no location shall contain less than one thousand (1,000) square feet in the aggregate.
Each recreational space shall be accessible to all of the mobile home spaces in the park, and shall not be used for any other purpose.
(g) Landscaping. Landscaping, as prescribed in Chapter 303: Landscaping, is required for all common open space areas, exterior front and street side yards, and common parking areas. A fifteen (15) foot landscaped buffer shall be provided along streets adjoining the park.
(h) Certification. All mobile homes shall be certified under the National Manufactured Home Construction and Safety Act of 1974.
301.12 Outdoor Retail Sales/Display
(a) Outdoor Retail Sales/Display. Outdoor display of merchandise is allowed in association with an approved permanent use on the site, subject to Zoning Administrator approval. Outdoor retail sales and display shall be located and operated in compliance with the following standards:
(1) Displayed merchandise shall occupy a specifically approved and defined location that does not disrupt the normal function of the site or its circulation. Displayed merchandise shall be located outside of any fire lane or fire access way and shall not obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic. Displayed merchandise shall not encroach upon driveways, landscaped areas, private walkways or required parking spaces.
(2) Merchandise shall be located entirely on private property outside of required setbacks except in Downtown Districts, where outdoor display is allowed on the sidewalk directly adjacent to property if a pedestrian walkway of at least six (6) feet is constantly maintained.
(3) Display of merchandise shall not obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.
(4) The Zoning Administrator may require landscaping, screening, paving or other site improvements including the removal of obsolete or abandoned facilities on nonconforming sites.
301.13 Personal Storage Facilities
Personal Storage Facilities may be located, developed, and operated in compliance with the following standards:
(a) Business Activity. All Personal Storage Facilities shall be limited to the storage of inactive items such as furniture and files. No retail, repair, or other commercial use shall be conducted out of the individual rental storage units. No activities other than Porterville Development Ordinance
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rental of storage units and pick-up and deposit of storage shall be allowed on the premises. Examples of activities prohibited in said facilities include, but are not limited to the following:
(1) Auctions, commercial wholesale or retail sales, or miscellaneous garage sales. Excepting auctions required by law to comply with lien sale requirements. During the course of said lien sales, customer vehicles shall not be allowed to obstruct travelways within the self service storage facility. (2) The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment.
(3) The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment. (4) Any use that is noxious or offensive because of odors, dust, noise, fumes, or vibrations.
(b) Notice to Tenants. As part of the rental process, the facility manager shall inform all tenants of conditions restricting storage of hazardous materials and limitation on the use of the storage units. These restrictions shall be included in rental contracts and posted at a conspicuous location within the front of each rental unit. (c) Size Limitations. Total lot coverage by any and all structures shall be limited to fifty (50) percent of the total lot area.
(d) Circulation. Driveway aisles shall be a minimum of twenty (20) feet wide. (e) Landscaping. A landscaped buffer with a minimum inside dimension of six (6) feet shall be provided along the front and street property lines, except for vehicular circulation openings. Additional landscaping may be required where necessary to prevent visual impacts on adjacent properties. All landscaped areas shall be bound by a concrete curb at least six (6) inches wide and six (6) inches high and shall be permanently maintained in compliance with Chapter 303, Landscaping. (f) Fencing. A six (6) foot high solid wall shall be provided around the perimeter of the development at locations where the solid facades of the storage structures do not provide a perimeter barrier. Such walls shall be composed of decorative block, concrete panels or similar materials and include architectural relief through variations in height, the use of architectural “caps”, columns, or similar measures.
Block walls shall match the standard colors allowed in the City’s graffiti abatement program.
(g) Open Storage. Open storage, outside an enclosed building, shall be limited to vehicles and trailers and screened from public view by building facades or solid fences.
(h) Outdoor Lighting. All outdoor lights shall be shielded to direct light and glare only onto the personal storage premises and may be of sufficient intensity to discourage vandalism and theft. Said lighting and glare shall be deflected, shaded, and focused away from all adjoining property.
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(i) Portable Storage Buildings. Movable storage buildings shall be allowed if they are constructed to appear as conventional storage buildings or are located in an area completely screened from public view and adhere to all applicable building and fire codes.
301.14 Recycling Facilities
Recycling facilities shall be located and operated in compliance with the following standards:
(a) Reverse Vending Machines
(1) Accessory Use. Reverse vending machines shall be installed as an accessory use to a permitted or conditionally permitted primary use on the same site. (2) Location. Machines shall be located adjacent to the entrance of the commercial host use and shall not obstruct pedestrian or vehicular circulation.
(3) Identification. Machines shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative.
(4) Signs. Machines shall have a maximum sign area of four (4) square feet exclusive of operating instructions.
(5) Lighting. Machines shall be illuminated to ensure comfortable and safe operation between dawn and dusk.
(6) Trash Receptacle. Machines shall provide a forty (40) gallon garbage can for nonrecyclable materials located adjacent to the reverse vending machine. (b) Recycling Collection Facilities
(1) Size. Recycling collection facilities shall not exceed a footprint of three hundred fifty (350) square feet or include more than three (3) parking spaces (not including space periodically needed for the removal or exchange of materials or containers).
(2) Equipment. No power-driven processing equipment, except for reverse vending machines, may be used.
(3) Location. Facilities shall not abut a residential district. (4) Setback. Facilities shall be set back at least ten (10) feet from any street line and not obstruct pedestrian or vehicular circulation.
(5) Containers. Containers shall be constructed of durable waterproof and rustproof material(s) and secured from unauthorized removal of material and have capacity sufficient to accommodate materials collected in the collection schedule.
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(6) Identification. Containers shall be clearly marked to identify the type of accepted material, the name and telephone number of the facility operator and the hours of operation.
(7) Signs. Signs shall be a maximum of twenty (20) percent per side of facility or container or sixteen (16) square feet, whichever is larger. In the case of a wheeled facility, the side is measured from the pavement to the top of the container. The Zoning Administrator may authorize increases in the number, size and nature of additional signs.
(8) Parking. Patrons and the attendant shall not reduce available parking spaces below the minimum number required for the main use unless a parking study shows available capacity during recycling facility operation. (9) Site Maintenance. Sites shall be maintained clean, sanitary, and free of litter and any other undesirable materials.
(c) Recycling Processing Facility
(1) Location. Facilities shall not abut a residential district or use. (2) Screening. The facility shall be screened from public rights-of-way, by solid masonry walls or located within an enclosed structure.
(3) Outdoor Storage. Exterior storage of material shall be in sturdy containers or enclosures that are secured and maintained in good condition. Storage shall not be visible above the height of the required solid masonry walls. (4) Identification. Facilities shall be clearly marked with the name and phone number of the facility operator and hours of operation. 301.15 Residential Care Facilities, General
Residential care facilities shall be located, developed and operated in compliance with the following standards:
(a) Location. Minimum distance from other residential care facilities shall be three hundred (300) feet.
(b) Screening. A minimum six (6) foot high solid wall or fence shall be provided for purposes of securing outdoor recreational areas and screening the site. Chain metal fencing and barbed wire are prohibited.
(c) Licensing. Residential care facilities shall be licensed and certified by the State of California and shall be operated according to all applicable State and local regulations.
301.16 Second Dwelling Units
A second dwelling unit, in addition to the first single-family dwelling unit on a singlefamily residential lot, shall be located, developed, and operated in compliance with Section 301.01(b) Residential Accessory Structures and the following standards:
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(a) Location. Second units may be established on any lot in any R district where a primary single-family dwelling has been previously established or is proposed to be established in conjunction with construction of a second unit. Only one (1) second unit is permitted per primary single-family dwelling on the same lot. The primary unit shall meet all City codes including the height, setback, lot coverage, parking, and other zoning requirements. Any nonconforming structures shall be brought into conformance prior to construction of second unit.
(b) Development Standards. Second units shall conform to the height, setbacks, lot coverage and other zoning requirements of the zoning district in which the site is located, the following development standards, other requirements of the Development Ordinance, and other applicable City codes. Applications for a second dwelling shall include: (1) location map and site plan drawn to scale showing existing and proposed structures and additions, orientation and dimension of lot and structure(s) on the lot, and adjacent streets, access and parking and (2) a floor plan of existing and proposed structures.
(1) Type of Unit. The second unit shall provide separate, independent living quarters for one (1) family. The second unit may be attached, detached, or located within the living areas of the primary dwelling unit on the lot, subject to the standards of this section. An existing single-family dwelling may be converted into two (2) dwelling units.
(2) Maximum Floor Area. The total area of floor space of a detached second unit shall not exceed twelve hundred (1,200) square feet. The floor area of an attached second unit shall not exceed thirty (30) percent of the living area or the minimum area of an efficiency unit as described in Section 17958.1 of the California Health and Safety Code, whichever is greater. (3) Architectural Compatibility. The entrance to an attached second unit shall be separate from the entrance to the first unit and shall be installed in a manner as to negate an obvious indication of two (2) units in the same structure. A second unit shall be designed and constructed so as to blend with and complement the existing single-family unit in terms of height, roofing, siding materials and color.
(4) Parking. In addition to parking required for the existing residence, an additional one (1) covered space for efficiency units and one (1) bedroom units, two (2) covered parking spaces for two (2), three (3), and four (4) bedroom units, and one (1) parking space per bedroom thereafter shall be provided. Access to parking for the primary and second unit shall be provided via a paved driveway in compliance with City codes and shall be fully accessible to the parking areas.
(c) Use Limitation. Either the primary or secondary unit may be for rental purposes and neither unit may be sold separately.
(d) Deed Restrictions. Before obtaining a building permit, the property owner shall file with the County Recorder a declaration or agreement of restrictions which has been approved by the City Attorney as to its form and content, containing a reference to the deed under which the property was acquired by the owner stating that:
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(1) The second dwelling unit shall be considered legal only so long as either the primary residence or the second dwelling is occupied by the owner of the property.
(2) The second dwelling cannot be sold separately.
(3) The restrictions shall be binding upon any successor in ownership of the property, the City may enforce these provisions at the cost of the owner, and enforcement may include legal action against the property owner. (e) Conversion of an Existing House to a Second Unit. In cases where an existing single-family residence is twelve hundred (1,200) square feet or less, the Zoning Administrator may approve the construction of one (1) additional residence which is intended to be the primary residence on the property. The existing residence, which is intended to become the lawful second unit, shall comply with all the requirements of this Ordinance, including the second-dwelling size limitations. The primary residence shall be constructed in accordance with the provisions of the applicable zoning district and other requirements of this Ordinance. 301.17 Sexually Oriented Businesses
(a) Purpose and Intent
(1) It is the purpose and intent of this section to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the city and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of sexually oriented businesses within the city, thereby reducing or eliminating the adverse secondary effects from such sexually oriented businesses. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this section to restrict or deny access by adults to sexually oriented materials protected by the first amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.
Neither is it the intent nor effect of this section to condone or legitimatize the distribution of obscene material.
(2) One of the important purposes of the regulations set forth in this section is to discourage and to minimize the opportunity for criminal conduct. As such, nothing in this section shall permit or be interpreted to permit any use, conduct, and/or activity which is specifically prohibited under the following California Penal Code sections:
a. Receipt of money for placement of person for purposes of cohabitation (Penal Code section 266d);
b. Purchase of person for purposes of prostitution or placement of person for immoral purposes (Penal Code section 266e);
c. Sale of person for immoral purposes (Penal Code section 266f); d. Pimping (Penal Code section 266h);
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e. Pandering (Penal Code section 266i);
f. Lewd or obscene conduct (Penal Code section 314);
g. Houses of ill fame (Penal Code section 315);
h. Disorderly houses which disturb the immediate neighborhood (Penal Code section 316);
i. Places of prostitution (Penal Code section 317); and j. Place of prostitution; place of lewdness; place used as bathhouse permitting conduct capable of transmitting AIDS (Penal Code section 11225).
(3) Nothing in this section shall permit, or be interpreted to permit any use, conduct, and/or activity which violates any federal, state or local law of regulation.
(b) Definitions. For the purposes of this section, certain terms and words are defined as follows:
(1) Employee. A person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operation of said business.
(2) Establishment. Means and includes any of the following:
a. The opening or commencement of any such business as a new business;
b. The conversion of an existing business, whether or not a sexually oriented business, to any of the "sexually oriented businesses" defined in this section;
c. The addition of any of the "sexually oriented businesses" defined in this section to any other existing sexually oriented business; d. The relocation of any such sexually oriented business; or e. The substantial enlargement of any such sexually oriented business. (3) Nudity or State of Nudity
a. The appearance or display of human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast; or
b. A state of dress which fails to opaquely and fully cover a human buttock, anus, male or female genitals, pubic region or areola or nipple of the female breast.
(4) Operator. Means and includes the owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises. (5) Permitted or Unlicensed Premises. Any premises that requires a license and/or permit that is classified as a sexually oriented business. (6) Permittee and/or Licensee. A person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the Porterville Development Ordinance
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individual listed as an applicant on the application for a permit and/or license.
(7) Person. An individual, proprietorship, partnership, corporation, association or other legal entity.
(8) Public Building Regularly Frequented by Children. Any building owned, leased or held by the United States, the state, the county, the city, any special district, school district, or any other agency or political subdivision of the state or the United States, which building is used as a library, community center, children's center, or any other use having special attraction to children, or which building is often visited by children for social activities unaccompanied by their parents or other adult custodian. (9) Public Park or Recreation Area. Public land which has been designated for park or recreational activities including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, open space wilderness areas, or similar public land within the city which is under the control, operation, or management of the city park and recreation authorities.
(10) Religious Institution. Any church, synagogue, mosque, temple or building which is primarily used for religious worship and related religious activities, as identified on the latest equalized tax roll.
(11) School. Any public or private educational facility including, but not limited to, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. School includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school.
(12) Seminude. A state of dress in which clothing covers no more than the genitals, pubic region and areolae of the female breasts, as well as portions of the body covered by supporting straps or devices.
(13) Sensitive Use. Any cemetery; religious institution; school; public building regularly frequented by children; public park; or boys' club, girls' club, or similar youth organization.
(14) Sexually Oriented Businesses (Adult Oriented Businesses). Those businesses defined as follows:
a. Adult Arcade: An establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five or fewer persons each, are regularly available or used to show films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
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b. Adult Bookstore, Adult Novelty Store Or Adult Video Store: A commercial establishment which: 1) has as a significant or substantial portion of its stock in trade; or 2) derives a significant or substantial portion of its revenues; or 3) devotes a significant or substantial portion of its interior floor or display space; or 4) devotes a significant or substantial portion of its business activities or employees' time, or advertising, to the sale, rental or viewing for any form of consideration, of any one or more of the following:
1. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, slides, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas;
2. Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities;
3. An establishment may have other significant or substantial business purposes that do not involve the offering for sale, rental or viewing of materials, depicting or describing specified sexual activities or specified anatomical areas, and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as one of its significant or substantial business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe specified anatomical areas or specified sexual activities.
c. Adult Cabaret: A nightclub, bar, restaurant, "bottle club", or similar commercial establishment, which regularly features: 1) live performances which are characterized by the exposure of specified anatomical areas, or by specified sexual activities; or 2) films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. d. Adult Model Studio: Any place where a person who displays specified anatomical areas or who engages in specified sexual activities is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. This term does not include a modeling class operated by a proprietary school, licensed by the state of California; a college, junior college, or university supported entirely or partly by taxation; by a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure which has no sign visible from the exterior of the structure and no other advertising that Porterville Development Ordinance
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indicates a nude person is available for viewing, where in order to participate in a class a student must enroll at least three (3) days in advance of the class, and where no more than one nude model is on the premises at any one time.
e. Adult Motel: A motel, hotel or similar commercial establishment which: 1) offers public accommodations, for any form of consideration, and which regularly provides or makes available to patrons with closed circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right of way, or by means of any off premises advertising including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or 2) offers a sleeping room for rent for a period of time less than ten (10) hours; or 3) allows a tenant or occupant to rent or subrent the sleeping room for a time period of less than ten (10) hours.
f. Adult Motion Picture Theater: A commercial establishment where films, motion pictures, videocassettes, slides or similar photographic reproductions depicting or describing specified sexual activities or specified anatomical areas are regularly shown for any form of consideration.
g. Adult Theater: A theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features live performances which are characterized by exposure of specified anatomical areas or by specified sexual activities.
h. Regularly Features Or Regularly Shown: With respect to an adult cabaret, adult theater, or adult motion picture theater means a regular and substantial course of conduct. The fact that a live performance or film which is distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities is exhibited on two (2) or more occasions within a thirty (30) day period; three (3) or more occasions within a sixty (60) day period; or four (4) or more occasions within a one hundred eighty (180) day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.
i. Significant Or Substantial Portion: Such a percentage of its activities, space allocation, revenues, advertising targeting, stock in trade, floor or display space, business receipts, revenues, or other business undertakings as to indicate to a reasonable person that a sexually oriented portion of the business is one of its important activities, though not necessarily its only or even primary activity; for this purpose, evidence that twenty five percent (25%) or more of its revenue is derived from such sexually oriented activities or Series 300: Additional Use and Development Regulations
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materials, or that twenty five percent (25%) or more of its interior floor space or display space is devoted to such sexually oriented activities or materials, or that twenty five percent (25%) or more of its actual stock in trade regularly displayed and immediately available for use, rental, purchase, viewing or perusal is comprised of such sexually oriented materials, all as defined in this subsection, shall be evidence that a "significant or substantial portion" of the business is devoted to such uses.
(15) Specified Anatomical Areas. As used in this section, means and includes any of the following:
a. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or
b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(16) Specified Sexual Activities. As used in this section, means and includes any of the following:
a. The fondling or other intentional touching of buttocks for purpose of sexual arousal, or fondling or other intentional touching of human genitals, pubic region, anus, or female breasts;
b. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
c. Masturbation, actual or simulated;
d. Human genitals in a state of sexual stimulation, arousal or tumescence;
e. Excretory functions as part of or in connection with any of the activities set forth in subparagraphs a through d of this definition. (17) Substantial Enlargement of a Sexually Oriented Business. An increase in the floor areas occupied by the business as the floor areas existed on the effective date hereof.
(18) Transfer of Ownership or Control of a Sexually Oriented Business. Means and includes any of the following:
a. The sale, lease or sublease of the business;
b. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means.
(c) Establishment And Classification Of Businesses Regulated: The establishment of any sexually oriented business shall be permitted only in those particular specified districts where such uses are permitted, and shall be subject to the following restrictions: No person shall cause or permit the establishment of any "sexually oriented businesses", as defined in subsection (b) of this section, within six hundred (600) feet of another such business or within one thousand (1,000) feet of any Porterville Development Ordinance
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sensitive use. These limitations apply to sexually oriented businesses classified as follows:
(1) Adult arcade.
(2) Adult bookstore, adult novelty store, or adult video store. (3) Adult cabaret.
(4) Adult model studio.
(5) Adult motel.
(6) Adult motion picture theater.
(7) Adult theater.
(d) Measurement Of Distance: Distance between any two (2) sexually oriented businesses or between a sexually oriented business and a sensitive use shall be measured in a straight line, without regard to intervening structures, from property line to property line.
(e) Location of Sexually Oriented Business: Sexually oriented businesses shall be allowed only in districts in which such uses are specifically permitted. Permits for sexually oriented businesses shall be required and governed by the procedures and policies specified in the city of Porterville municipal code. In addition, any sexually oriented business shall be subject to the following restrictions:
(1) The person commits a misdemeanor, if he operates or causes to be operated, a sexually oriented business outside of the permitted districts. (2) The person commits a misdemeanor if he operates or causes to be operated a sexually oriented business within one thousand (1,000) feet of any sensitive use.
(3) A person commits a misdemeanor if he operates or causes to be operated a sexually oriented business within six hundred (600) feet of another such business, which will include, any adult arcade, adult book store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, or adult modeling studio.
(f) Nonconforming Uses:
(1) Permitted To Continue: Any sexually oriented business operating on the effective date hereof that is in violation of subsections (c) through (e) of this section shall be deemed a nonconforming use. Such nonconforming uses shall be governed by the provisions of this code. If two (2) or more sexually oriented businesses are within six hundred (600) feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later established business(es) is nonconforming. (g) Injunction: A person who operates or causes to be operated a sexually oriented business without having a valid permit due to location restrictions is subject to a suit for injunction as well as prosecution for the misdemeanor punishable by a fine Series 300: Additional Use and Development Regulations
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of one thousand dollars ($1,000.00) and/or one hundred eighty (180) days' imprisonment, or by both such fine and imprisonment. If an injunction is sought and granted, the sexually oriented business shall be obligated to pay the city attorney fees and costs of the city, at the discretion of the court. (h) Exception For Certain Nude Modeling: It is a defense to prosecution under this section if a person appearing in a state of nudity did so in a modeling class operated:
(1) By a proprietary school, licensed by the state of California; a college, junior college, or university supported entirely or partly by taxation; or (2) By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or (3) In a structure:
a. Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
b. Where, in order to participate in a class, a student must enroll at least three (3) days in advance of the class; and
c. Where no more than one (1) nude model is on the premises at any one (1) time.
301.18 Single Room Occupancy Hotels
Single Room Occupancy (SRO) Hotels shall be located, developed, and operated in compliance with the following standards:
(a) Maximum Occupancy. Each SRO living unit shall be designed to accommodate a maximum of two (2) persons.
(b) Minimum Size. An SRO living unit shall have at least one hundred fifty (150) square feet of floor area, excluding closet and bathroom. No individual unit may exceed four hundred (400) square feet.
(c) Minimum Width. An SRO of one (1) room shall not be less than twelve (12) feet in width.
(d) Entrances. All SRO units shall be independently accessible from a single main entry, excluding emergency and other service support exits. (e) Cooking Facilities. Cooking facilities shall be provided either in individual units or in a community kitchen. Where cooking is in individual SRO units, SRO units shall have a sink with hot and cold water; a counter with dedicated electrical outlets and a microwave oven or properly engineered cook top unit pursuant to Building Code requirements; a refrigerator; and cabinets for storage. Where cooking facilities are in a community kitchen, the community kitchen shall be a minimum of one hundred Porterville Development Ordinance
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fifty (150) square feet and designed to provide a minimum of two (2) linear feet of counter space for fifty (50) percent of the maximum number of tenants. (f) Bathrooms. SRO units shall have individual bathrooms containing a sink, a toilet, and a shower or bath per Housing and Building Code requirements. Units may have only one (1) sink by the cooking area and may omit the bathroom sink. (g) Lobby/Meeting Area. Each SRO building shall provide ample ground floor entry area that provides a central focus for tenant social interaction and meetings. The lobby/meeting area shall be designed to accommodate at least twenty-five (25) percent of the tenants at one (1) time using an average of fifteen (15) square feet per person and a minimum four hundred (400) square feet for up to fifty (50) SRO units, excluding janitorial storage, laundry facilities, and hallways. (h) Ground Floor Use. Ground floor area next to public right-of-ways shall be dedicated for public use such as lobby/meeting areas or resident-serving commercial uses. No SRO units shall be on the street level adjacent to the public right-of-ways.
If any SRO units are at ground level, they shall face into a private open area such as an interior courtyard.
(i) Management Plan. A management plan shall be submitted with the permit application for all SRO projects. At minimum, the management plan shall include the following:
(1) Security/Safety. Proposed security and safety features such as lighting, security cameras, defensible space, central access, and user surveillance; (2) Management Policies. Management policies including desk service, visitation rights, occupancy restrictions, and use of cooking appliance; (3) Rental Procedures. All rental procedures, including weekly and monthly tenancy requirements;
(4) Staffing and Services. Information regarding all support services, such as job referral and social programs; and
(5) Maintenance. Maintenance provisions, including sidewalk cleaning and litter control, recycling programs, general upkeep, and the use of durable materials.
301.19 Social Service Facilities
Social Service Facilities shall be located, developed, and operated in compliance with the following standards:
(a) Location. Social Service Facilities are not allowed on Main Street. (b) Minimum Standards. All Social Services Facilities shall provide: adequate and accessible sanitary facilities, including lavatories, rest rooms and refuse containers; sufficient patron seating facilities for dining, whether indoor or outdoor; effective screening devices such as landscaping and masonry fences in conjunction with outdoor activity areas; a plan of operation, including but not limited to, patron Series 300: Additional Use and Development Regulations
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access requirements, hours of operation, security measures, litter control, and noise attenuation. Evidence of compliance with all Building and Fire Safety regulations and any other measures determined by the City Council to be necessary and appropriate to ensure compatibility of the proposed use or uses with the surrounding area shall be provided with permit applications.
301.20 Telecommunication Facilities
(a) Purpose. The specific purposes of this chapter are to:
(1) To permit the siting, construction, operation and maintenance of wireless telecommunications towers and antennas within the City’s boundaries; (2) To protect and promote the public health, safety, general welfare and quality of life within the City by regulating the siting of wireless telecommunications towers and antennas, while preserving the rights of wireless telecommunications providers;
(3) To establish guidelines for the governance of wireless telecommunications facilities which recognize the unique land use distribution, topography, and aesthetics of the community;
(4) Protect residential areas and land uses from visual blight, safety impacts associated with attractive nuisance, and degradation of residential character; (5) Promote the location of towers in non-residential areas; (6) Minimize the total number of towers throughout the community; (7) Establish the joint use of new and existing tower sites as a primary option rather than construction of single-use towers;
(8) Locate towers and antennas in areas where the overall impact on the community is minimal, now and in the future; to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques;
(9) Enhance the ability of providers of wireless telecommunications services to provide such services to the community quickly, effectively and efficiently; (10) Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures;
(11) Create and preserve telecommunication facilities that will serve as an important and effective part of the City’s emergency response network; and (12) Promote fair and effective wireless telecommunication services and ensure that a broad range of competitive telecommunications services with high quality telecommunications infrastructure are available to serve the community.
(b) Applicability. Towers and antennas shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities, or private utilities. This chapter shall apply, to the fullest extent allowed by Porterville Development Ordinance
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and consistent with applicable Federal, State, and California Public Utility laws and regulations, to all new wireless towers and facilities, including towers and antennas proposed to be located on private or public property, except for the following:
(1) Amateur Radio Station Operators. Any tower, or the installation of any antenna, that is under the height limitation of the relevant district and is owned and operated by a federally-licensed amateur radio station operator. (2) Receive Only Antennas. A single ground or building-mounted receive-only radio or television antenna not exceeding the maximum height permitted by this Ordinance, including any mast, or a receive-only radio or television satellite dish antenna, subject to the following restrictions:
(3) Residential Districts
a. Satellite Dish One (1) Meter or Less. A satellite dish that does not exceed one (1) meter in diameter or the height of the ridgeline of the primary structure on the same parcel, and is for the sole use of a resident occupying the parcel.
b. Satellite Dish Greater than One (1) Meter. A satellite dish that is greater than one (1) meter in diameter, is not located within a required front or street side yard, and is screened from view from any public right-of-way and adjoining property.
c. Antennas. An antenna that is mounted on any existing building or other structure that does not exceed twenty-five (25) feet in height, and is for the sole use of a resident occupying the parcel. (4) Commercial and Employment Districts
a. Satellite Dish Two (2) Meters or Less. A satellite dish that does not exceed two (2) meters in diameter so long as the location does not reduce required parking, diminish pedestrian or vehicular access, or require removal of landscaping maintained as a condition of project approval.
b. Satellite Dish Greater than Two (2) Meters. A satellite dish that is greater than two (2) meters in diameter that is not located within a required front yard or street side yard and is screened from view from any public right-of-way and adjoining property.
c. Mounted Antennas. An antenna that is mounted on any existing building or other structure when the overall height of the antenna and its supporting tower, pole or mast does not exceed a height of thirty (30) feet or twenty-five (25) feet if located within twenty (20) feet of a Residential district.
d. Free-Standing Antennas. A free standing antenna and its supporting tower, pole, or mast that complies with all applicable setbacks when the overall height of the antenna and its supporting structure does not exceed a height of thirty (30) feet or twenty-five (25) feet if located within twenty (20) feet of a Residential district.
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e. Undergrounding Required. All wires and/or cables necessary for operation of an antenna shall be placed underground or attached flush with the surface of the building or the structure of the antenna. (5) Pre-existing Towers or Antennas. Pre-existing towers and pre-existing antennas in full compliance with applicable regulations in effect at the time of construction shall not be required to meet the requirements of this chapter.
(6) Public Safety Broadcasting. Any non-commercial satellite dish antenna utilized for public safety broadcasting.
(c) General Requirements
(1) Permit Requirements
a. Camouflage Facilities: Permitted by right in all districts. b. Co-located Facilities: Permitted by right when proposed to be colocated on a facility that was subject to a discretionary permit issued on or after January 1, 2007 and that contemplated co-location. c. Non-Camouflage Facilities: Allowed subject to Conditional Use Permit approval when located at least three hundred (300) feet from any R District.
(2) State or Federal Requirements. All towers and antennas shall meet or exceed current standards and regulations of the FCC, the FAA, and any other agency of the State or Federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner’s expense. (3) Building Codes and Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable State or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the City concludes that a tower fails to comply with such codes and standards and constitute a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said thirty (30) days shall constitute grounds for the removal of the tower or antenna at the owner’s expense. (4) Multiple Antenna/Tower Plan. The City encourages the users of towers and antennas to submit a single application for approval of multiple towers Porterville Development Ordinance
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and/or antenna sites. Applications for multiple sites shall be given priority in the review process, in compliance with the Permit Streamlining Act. (d) Minimum Application Requirements
In addition to meeting the standard application submittal requirements for permits specified in Chapter 601, Common Procedures, applications for wireless telecommunications facilities pursuant to this chapter shall include the following:
(1) Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the Zoning Administrator an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the City limits or urban area boundary (UAB), including specific information about the location, height, and design of each tower. The Zoning Administrator may share such information with other applicants applying for administrative approvals or Conditional Use Permits under this chapter or other organizations seeking to locate antennas within the jurisdiction of the City, provided, however, that the Zoning Administrator is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
(2) Copies of all applicable licenses or other approvals required by the Federal Communications Commission (FCC), the California Public Utilities Commission (PUC), and any other Federal or State government with authority to regulate telecommunications facilities including documentation of compliance with all conditions imposed in conjunction with such licenses or approvals.
(3) Written certification of compliance with all applicable FCC requirements and standards.
(4) Site plan and elevations drawn to scale. Elevations shall include all structures on which facilities are proposed to be located. (5) Description of proposed approach for screening all facilities from public view including plans for installation and maintenance of landscaping and sample exterior materials and colors.
(6) Written authorization from the landowner in the event the applicant does not own the subject property
(7) Any other information the Zoning Administrator deems necessary in order to process the application in compliance with the requirements of this chapter.
This may include, but is not limited to, a visual analysis of the proposed project.
(e) Location and Siting
(1) Wireless telecommunication facilities shall be located in the following order of preference:
a. Integrated into building/structure design (camouflage sites). b. Co-located with other major wireless telecommunication facilities.
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c. On existing structures such as buildings, communication towers, or utility facilities not subject to the City’s franchise agreements. d. On existing signal, power, light or similar kinds of permanent poles. e. In Employment Districts.
f. In Commercial Districts.
(2) Wireless telecommunication facilities shall be located where the existing topography, vegetation, building or other structures provide the greatest amount of screening. Where insufficient screening exists, applicants shall provide screening satisfactory to the Zoning Administrator, or as otherwise required through the approval of a Conditional Use Permit. (3) Ground-mounted wireless telecommunication facilities shall be located only in close proximity to existing above-ground utilities, such as permanent electrical towers, light poles, trees of comparable heights, and in areas where they will not detract from the appearance of the City.
(4) Required Separation. For the purposes of this section, all distances shall be measured in a straight line without regard to intervening structures, from the nearest point of the proposed major wireless telecommunication facility to the nearest point of another major wireless telecommunication facility. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the City irrespective of municipal and County jurisdictional boundaries.
a. Residential Districts. A facility shall not be located within a three hundred (300) foot radius of any R District.
b. Other Telecommunications Facilities. A facility shall not be located within a one thousand (1,000) foot radius of another facility, unless appropriate camouflage techniques have been used to minimize the visual impact of the facility to the extent feasible and mounting on a building or co-location on an existing facility is not feasible. c. Reduction in Required Separation. A reduction in the required separation between telecommunications facilities may be granted as a part of the Conditional Use Permit approval where technical evidence has been provided to substantiate the following findings:
1. The granting of the reduction will not substantially impair the intent and purpose of this title or the goals, policies, and objectives of the adopted General Plan;
2. The reduction is not requested exclusively on the basis of economic hardship to the applicant;
3. The reduction is necessary and essential to providing the applicant’s wireless service based on the technical constraints and the lack of other available appropriately zoned land outside the radius; and
4. Evidence has been submitted to the satisfaction of the City demonstrating that co-location on existing tower structures is Porterville Development Ordinance
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not available or is not technically feasible. Evidence may include a written statement from the service provider with the existing facility that collocation is not feasible.
(f) General Development Requirements
The following standards apply to all telecommunications facilities:
(1) Maximum Height. No antenna shall exceed one hundred (100) feet in height except for camouflage facilities on or within a structure such as a steeple or flag pole, otherwise allowed to exceed one hundred (100) feet in height.
Such antenna shall not exceed the height of the structure. (2) Setbacks. Telecommunications facilities and accessory structures shall comply with the required building setbacks for the zoning district in which the facility is located, however, in no instance shall the facility (including antennae and equipment) be located closer than five (5) feet of any property line.
(3) Design Standards. All facilities shall be designed to minimize their visibility, prevent visual clutter, and reduce conflicts with surrounding land uses. A visual analysis may be required as part of the Conditional Use Permit review. All telecommunications facilities shall:
a. Utilize state of the art camouflage technology as appropriate to the site and type of facility. Where no camouflage technology is proposed for the site, a detailed analysis as to why camouflage technology is physically and technically infeasible for the project shall be submitted with the application.
b. Facilities that are not camouflage shall close mount all panel antennas.
c. Antennae and support structures, where utilized, shall be monopole type.
d. Monopole support structures shall not exceed four (4) feet in diameter unless technical evidence is provided showing that a larger diameter is necessary to attain the proposed tower height and that the proposed tower height is necessary.
e. Wireless telecommunications facility support structures and antennae shall be painted a non-glossy color so as to minimize visual impacts from surrounding properties.
f. All facilities shall be designed and located to minimize their visibility to the greatest extent feasible. All wireless telecommunications facilities proposed for locations where they would be readily visible from the public right-of-way or from a residential district shall incorporate appropriate techniques to disguise the facility and/or blend into the surrounding environment, to the extent feasible. Facilities shall be compatible in scale and integrated architecturally with the design of surrounding buildings or the natural setting.
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g. No telecommunications antenna or ancillary support equipment shall be located within the front setback except for facilities that are completely subterranean.
h. Support structures and site area for wireless telecommunications antennae shall be designed and of adequate size to allow at least one (1) additional wireless service provider to co-locate on the structure. i. Towers shall not be artificially lighted unless required by the FAA or other applicable authority. All objects affecting navigable airspace shall comply with Federal Aviation Regulation Section 77 and shall be in conformance with the current land use designations for land within one (1) mile of the runway.
j. For the protection of emergency response personnel, each telecommunications facility shall have an on-site emergency "kill switch" to de-energize all RF-related circuitry/componetry at the site.
For collocation facilities, a single "kill switch" shall be installed that will de-energize all carriers at the facility in the event of an emergency.
k. All proposed fencing shall be decorative and compatible with the adjacent buildings and properties within the surrounding area and shall be designed to limit graffiti.
(4) Signage. A permanent, weather-proof identification sign, approximately sixteen (16) inches by thirty-two (32) inches in size, shall be placed on the gate of the fence surrounding the facility or, if there is no fence, on the facility itself. The sign shall identify the facility operator(s), provide the operator’s address, and specify a twenty-four (24) hour telephone number at which the operator can be reached so as to facilitate emergency services. (5) Landscaping. Each applicant for an antenna and/or tower shall provide a landscaping plan that covers as much as the parcel and lease area as necessary to achieve the following:
a. Landscaping shall be provided to screen the facility from surrounding properties or right-of-ways.
b. All landscaping shall be installed with an irrigation system equipped with an automatic timer.
c. Street trees and other landscaping may be required for telecommunications facilities proposed on parcels lacking street frontage landscaping.
d. Landscaping shall include re-vegetation of any cut or fill slopes. e. Where possible, existing plants and trees shall be used to the full extent possible for screening of the facility.
(6) Noise and Traffic.
a. Backup generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall Porterville Development Ordinance
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only take place on weekdays between the hours of 8:00 a.m. and 7:00 p.m.
b. Traffic shall be limited to no more than one (1) round-trip per day on an average annual basis once construction is complete, except for emergency maintenance
(g) Required Findings
The City Council may approve or approve with conditions any Conditional Use Permit required under this chapter only after making the following findings:
(1) The proposed telecommunication facility will comply with all applicable state and Federal standards and requirements;
(2) The proposed telecommunication facility will conform with the specific purposes of this chapter and any special standards applicable to the proposed facility;
(3) The applicant has made good faith and reasonable efforts to locate a telecommunication facility on a support structure other than a new monopole or lattice tower or to accomplish co-location.
(4) To locate a telecommunication facility where it is readily visible from the habitable area of a dwelling unit within three hundred (300) feet or at any location where it is visible from a public right-of-way, public park, or other public recreation or cultural facility, the decision-making authority shall find that:
a. It is not feasible to provide the service at another location or to incorporate additional measures such as a decrease in height, increase in setback, change in design, relocation relative to other structures or natural features, that would further reduce its visibility; and b. The proposed telecommunication facility provides an important link in applicant's service area build-out and is necessary to provide personal wireless services to City residents.
c. It is not feasible to incorporate additional measures that would make the telecommunication facility not readily visible, meaning that a person with normal vision can see the facility and distinguish it as an antenna or other component of a telecommunication facility; (5) The City Council may waive or modify requirements of this chapter upon finding that strict compliance would result in noncompliance with applicable federal or state law.
301.21 Temporary Uses
A Temporary Use is intended to operate only for a limited period of time. Unless otherwise specified, temporary uses shall require a permit in accordance with Chapter 605, Temporary Use Permits. Temporary uses shall be located, developed, and operated in compliance with the standards of this section.
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(a) Carnivals, Fairs and Festival Events. Carnivals, fairs, and festival events in connection with an existing commercial use or in conjunction with an activity of a civic organization, church, lodge, public or private school, or other such group or organization are permitted in accordance with the following standards:
(1) Location. Carnivals, fairs, and festival events are limited to areas within commercial or employment districts, or on property owned by a civic organization, church, lodge or public or private school. (2) Time Limit. When located adjacent to or within an R district, the hours of operation shall be limited to 8:00 a.m. to 9:00 p.m.
(3) Duration. Carnivals, fairs, and festival events are limited to no more than ten (10) consecutive days four (4) times a year. A more limited duration may be established through the Temporary Use Permit process in order to prevent the use from becoming a nuisance with regard to the surrounding neighborhood or the city as a whole.
(4) Existing Parking. Where such a use is proposed within a developed parking lot, the available parking shall not be reduced to less than seventy-five (75) percent of the minimum number of spaces required by Chapter 304, On-Site Parking and Loading.
(b) Garage Sales. A garage or yard sale may be permitted on any developed lot in an R district, in accordance with Section 18-8.2 of the Municipal Code and the following standards.
(1) Garage sales are limited to no more than three (3) consecutive days in any six (6) month period.
(2) All merchandise to be sold shall be displayed on a private lot and not within the public right-of-way.
(c) Model Homes. Model homes with sales offices and temporary information/sales trailers in new residential subdivisions are subject to the following requirements.
No temporary use permit is necessary for a model home.
(1) Time Limits. A temporary information/sales trailer may be used during the construction of the model homes for a maximum period of six (6) months or completion of the first phase, whichever occurs first.
(2) Location of Sales. Real estate sales conducted from a temporary sales office are limited to sales of lots within the subdivision.
(3) Return to Residential Use. Prior to the sale of any of the model homes as a single-family residence, any portion used for commercial purposes will be converted to its intended residential purpose.
(4) Term of Use. The model home may be established and operated for a term period of five (5) years or until completion of the sale of the lots or residences, whichever comes first. One (1) year extensions may be approved by the Zoning Administrator until the sale of all lots/residences is completed.
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(d) Temporary and Seasonal Outdoor Sales. Temporary and Seasonal Outdoor Sales may be permitted in accordance with the following standards:
(1) General Sales Events. Temporary outdoor sales, including but not limited to grand opening events, temporary automobile sales, and other special sales events on private property in non-residential districts shall be subject to the following standards:
a. Temporary outdoor sales shall be part of an existing business on the same site.
b. Temporary automobile sales are limited to the CR district and need not be in connection with an existing commercial use.
c. Sales events shall be conducted solely on private property and not encroach within the public right-of-way.
d. Temporary outdoor sales are limited to four (4) consecutive days six (6) times a year. No site shall be used for such an activity for more than ten (10) days in any calendar month. A more limited duration may be established through the Temporary Use Permit process in order to prevent the use from becoming a nuisance with regard to the surrounding neighborhood or the city as a whole.
e. When located adjacent to an R district, the hours of operation shall be limited to 8:00 a.m. to 9:00 p.m.
f. The entire area used for temporary outdoor sales, including display, sales, circulation, parking, etc. shall be paved per City standards. g. Location of the displayed merchandise shall not disrupt the normal circulation of the site, nor encroach upon driveways, pedestrian walkways, or required landscaped areas, or obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic. h. Where such a use is proposed within a developed parking lot, the available parking shall not be reduced to less than seventy-five (75) percent of the minimum number of spaces required by Chapter 304, On-Site Parking and Loading.
(2) Seasonal Sales. The annual sale of holiday related items such as Christmas trees, pumpkins and similar items is permitted in accordance with the following standards:
a. Time Period. Seasonal sales associated with holidays are permitted up to a month preceding and one (1) week following the holiday.
Christmas tree sales are permitted from Thanksgiving Day through December 31st.
b. Goods, Signs and Temporary Structures. All items for sale, as well as signs and temporary structures, shall be removed within ten (10) days after the end of sales, and the appearance of the site shall be returned to its original state.
(3) Non-Profit Fund Raising. Fund raising sales by a non-profit organization are limited to seven (7) consecutive days twelve (12) times a year.
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(e) Long Term Special Events and Sales. Other special events, outdoor sales, and displays that exceed seven (7) consecutive days but not more than three (3) months, may be permitted with Zoning Administrator approval and in accordance with the following standards:
(1) Location. Events are limited to non-residential district. (2) Number of Events. Long term special events and sales are limited to no more than two (2) per year.
(3) Existing Business. Temporary outdoor sales shall be part of an existing business on the same site.
(4) Signs. Outdoor uses may include the addition of one (1) nonpermanent sign up to a maximum size of four (4) square feet in area, subject to Chapter 305, Signs.
301.22 Transitional and Supportive Housing
Transitional and supportive housing, as defined in Section 50675.2 and 50675.14, respectively, of the Health and Safety Code constitute a residential use and are subject only to those restrictions that apply to other residential uses of the same type in the same district. For example, if transitional housing is a multi-family use proposed in the RM-1 district, it is subject only to the same restrictions as other multi-family uses in the RM-1 district.
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Chapter 302 Affordable Housing Density Bonus and Other
Incentives
Sections:
302.01 Purpose
302.02 General Provisions
302.03 State Affordable Housing Density Bonus
302.04 State Childcare Facility Density Bonus
302.05 Affordable Housing Concessions and Incentives
302.06 Application Requirements
302.07 Review
302.01 Purpose
The specific purposes of the affordable housing density bonus and other incentives regulations are to:
(a) Allow for density bonuses and additional incentives, consistent with Government Code Section 65915, for affordable housing lower and moderate income households, for seniors and disabled persons, and for development that includes a childcare facility;
(b) Implement the policies of the General Plan Housing Element to expand the provision of housing for lower and moderate income households, elderly residents and others with special housing needs; and
(c) Establish requirements for resale and rental controls to ensure that units remain affordable for at least thirty (30) years or such other term as required by the City, consistent with State law.
302.02 General Provisions
(a) State Law Governs. The provisions of this chapter shall be governed by the requirements of Government Code Section 65915, as amended. Where conflict occurs between the provisions of this chapter and State law, the State law shall govern.
(b) Land Use Compatibility. All affordable housing units shall be dispersed throughout the community. Affordable housing units within market-rate projects shall be comparable with the design of market-rate units in appearance, use of materials, and finished quality. Building forms, materials and proportions shall comply with the standards of Series 200.
(c) Availability. Affordable housing units shall be constructed concurrently with, and made available for qualified occupants at the same time as the market-rate housing units within the same project unless both the City and the developer agree to an alternative schedule for development.
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(d) Effect of Granting Density Bonus. The granting of a density bonus shall not, in and of itself, require a General Plan amendment, zoning change, or other discretionary approval.
(e) Income Levels. For purposes of determining income levels of households under this chapter, the City shall use the Tulare County income limits in Title 25, Section 6932 of the California Code of Regulations or other income limits adopted by the City Council if the State department of Housing and Community Development fails to provide timely updates of the income limits in the California Code of Regulations. 302.03 State Affordable Housing Density Bonus
(a) Minimum Density Bonus and Composition of Qualifying Projects. Pursuant to Government Code Section 65915, the City shall grant a density bonus in the following amounts over the otherwise allowable maximum residential density permitted by this Ordinance and the General Plan, and one (1) or more additional concessions or incentives, consistent with Government Code Section 65915 and this section, if the applicant applies for and proposes to construct any one (1) of the following:
(1) Lower Income Units. A density bonus of twenty (20) percent if ten (10) percent of the total units of a housing development are affordable to lower income households, as defined in Section 50079.5 of the Health and Safety Code.
(2) Very Low Income Units. A density bonus of twenty (20) percent if five (5) percent of the total units of a housing development are affordable to very low income households, as defined in Section 50105 of the Health and Safety Code.
(3) Senior Citizen Housing Development. A density bonus of twenty (20) percent if a housing development qualifies as a Senior Citizen Housing Development, as defined in Section 51.3 of the Civil Code. (4) Moderate Income Units in Condominium and Planned Use Developments.
A density bonus of five (5) percent if ten (10) percent of the total dwelling units in a condominium project, as defined in Subdivision (f) of, or in a Planned Development, as defined in Subdivision (k) of Section 1351 of the Civil Code, are affordable to persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code. (b) Additional Sliding Scale Density Bonus. As provided for in Government Code Section 65915(g) the number of units to which the applicant is entitled may exceed the percentage specified in Subsection (a) under the following provisions:
(1) Lower Income Dwellings. For each additional one (1) percent increase above ten (10) percent units affordable to lower income households, the density bonus shall be increased by one and one-half (1.5) percent up to a maximum density bonus of thirty-five (35) percent of the maximum allowable residential density for the site.
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(2) Very Low Income Dwellings. For each additional one (1) percent increase above five (5) percent in the proportion of units affordable to very low income households, the density bonus shall be increased by two (2) and onehalf (2.5) percent, up to a maximum of thirty-five (35) percent of the maximum allowable residential density for the site.
(3) Condominium and Planned Development Units. For each additional one (1) percent increase above ten (10) percent units affordable to moderate income households, the density bonus shall be increased by one (1) percent, up to a maximum of thirty-five (35) percent of the maximum allowable residential density for the site.
(c) Qualifying Projects—Number of Units. The bonuses under Subsections (a) and (b) are applicable to residential projects of five (5) or more units, and senior housing projects of more than thirty-five (35) units.
(d) Calculation of Density Bonus Units. When calculating the number of permitted density bonus units, all fractional units shall be rounded to the next higher whole number. The applicant who requests a density bonus for a project that meets two (2) or more of the eligibility requirements shall specify whether the bonus shall be awarded on the basis of paragraphs (1), (2), (3), or (4) of Section 302.03.(a), Minimum Density Bonus and Composition of Qualifying Projects. The density bonus shall not be included when determining the number of target units to be provided in a development project.
(e) Optional Density Bonus. The City may grant a proportionally lower density bonus and/or provide concessions and/or incentives set forth in Section 302.05, Affordable Housing Concessions and Incentives, if an applicant agrees to construct a development containing less than the percentage of housing for lower or very low income households than provided in Subsection (a) of this section. 302.04 State Childcare Facility Density Bonus
(a) Basic Requirements. When an applicant proposes to construct a housing development that conforms to the requirements of the State Density Bonus law and includes a childcare facility other than a Family Day Care Home that will be located on the premises of, as part of, or adjacent to, the project, the City shall grant either of the following:
(1) Additional Density Bonus. A density bonus of additional residential units equal in square footage to the amount of square feet of the childcare facility. (2) Additional Concession or Incentive. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility.
(b) Conditions of Approval. The City shall require, as a condition of approving the housing development, that the following occur:
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(1) Length of Operation. The childcare facility remains in operation for a period of time that is as long as, or longer than the length of time during which the affordable housing units shall remain affordable. (2) Attending Children. The percentage of children of very low, low or moderate income households who attend the childcare facility shall be the same or greater than the percentage of dwelling units in the project that are required for households at each income level.
(c) Exceptions. The City shall not be required to provide a density bonus or concession for a childcare facility if it finds that, based upon substantial evidence, the community has adequate childcare facilities.
302.05 Affordable Housing Concessions and Incentives
(a) Number of Incentives or Concessions. Pursuant to Government Code Section 65915, an applicant is entitled to receive incentives and/or concessions as follows:
(1) One (1) incentive or concession for projects that include at least ten (10) percent of the total units for lower income households, at least five (5) percent for very low income households, or at least ten (10) percent for persons and families of moderate income in a condominium or planned development; or
(2) One (1) incentive or concession for senior citizen housing developments; or (3) Two (2) incentives or concessions for projects that include at least twenty (20) percent of the total units for lower income households, at least ten (10) percent for very low income households, or at least twenty (20) percent for persons and families of moderate income in a condominium or planned development; or
(4) Three (3) incentives or concessions for projects that include at least thirty (30) percent of the total units for lower income households, at least fifteen (15) percent for very low income households, or at least thirty (30) percent for persons and families of moderate income in a condominium or planned development.
(5) The applicant who requests incentives or concessions for a mixed-income project shall specify whether the incentives or concessions shall be awarded on the basis of paragraph one (1), two (2), three (3), or four (4) of this section.
(b) Proposal of Incentives and Findings. An applicant may propose specific incentives or concessions that would contribute significantly to the economic feasibility of providing affordable units pursuant to this chapter and State law. In addition to any increase in density to which an applicant is entitled, the City shall grant one (1) or more incentives and/or concessions that an applicant requests, up to the maximum number of incentives and concessions required pursuant to Subsection (a), unless the City makes a written finding that either:
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(1) The concession or incentive is not necessary in order to provide the proposed targeted units, or
(2) The concession or incentive would have a specific adverse impact that cannot be feasibly mitigated on public health and safety or the physical environment or any property that is listed in the California Register of Historical Resources.
(3) Notwithstanding the restriction in Subsection (a)(5) above, the applicant may propose and the City may approve additional incentives and concessions for an eligible project that provides targeted units that meet two (2) or more of the eligibility requirements based on a written finding that the additional incentives or concessions are necessary in order to make the project economically feasible.
(c) Types of Affordable Housing Incentives. Affordable housing incentives may consist of any combination of the items listed below:
(1) Modification of Development Standards. Up to twenty (20) percent in modification of site development standards or zoning code requirements that exceed minimum building code standards and fire code standards, including, but not limited to:
a. Reduced minimum lot sizes and/or dimensions.
b. Reduced minimum building setbacks and building separation requirements.
c. Reduced minimum outdoor and/or private usable open space requirements.
d. Increased maximum lot coverage.
e. Increased maximum building height.
(2) Parking. Upon the applicant’s request, the following maximum parking standards, inclusive of handicapped and guest parking, shall apply to the entire project. Further reductions in required parking may be requested as one (1) of the incentives allowed under Subsection (a). a. One (1) on-site space for studios to one (1) bedroom units; b. Two (2) on-site spaces for two (2) to three (3) bedroom units; and c. Two and a half (2.5) on-site spaces for four (4) more bedroom units. d. For purposes of this section, at the applicant’s request, on-site parking may be provided through tandem parking or uncovered parking but not through on-street parking.
(3) Mixed Use Zoning. Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial or other land uses will reduce the cost of the housing development and such uses are compatible with the housing project and the surrounding area.
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(4) Other Incentives. Other regulatory incentives or concessions proposed by the developer or the City that result in identifiable cost reductions or avoidance.
302.06 Application Requirements
An application for a density bonus, incentive, concession, waiver, modification, or revised parking standard pursuant to this chapter shall be submitted in conjunction with the project application and shall be processed concurrently with all other applications required for the project. The application shall be submitted on a form provided by the City and shall include, at a minimum, the following information:
(a) A site plan showing the total number of units, the number and location of the units dedicated pursuant to California Government Code Section 65915(b), and the number and location of the proposed density bonus units; (b) The level of affordability of the dedicated units;
(c) A description of any requested incentives, concessions, waivers or modifications of development standards, or modified parking standards and evidence demonstrating that the application of the subject standard or requirement would preclude construction of the project at the densities provided for in California Government Code Section 65915 and that the waiver or modification is necessary to make development of the project financially feasible at the densities provided for in California Government Code Section 65915;
(d) If a density bonus is requested for a land donation pursuant to California Government Code Section 65915(h), the application shall show the location of the land to be dedicated and provide evidence that the requirements of Section 65915(h) have been met, thus entitling the project to the requested density bonus; and (e) If a density bonus is requested for construction of a child care facility pursuant to California Government Code Section 65915(i), the application shall show the location and square footage of the proposed facility and provide evidence that the requirements of Section 65915(i) have been met, thus entitling the project to the requested density bonus.
302.07 Review
(a) Duration of Affordability. All affordable housing units shall be kept affordable for a minimum period of thirty (30) years or such other term approved by the City, consistent with State law.
(b) Regulatory Agreement Required. All affordable housing projects shall be subject to the approval of an agreement pursuant to conforming to the provisions of Sections 65864 to 65869 of the Government Code. The terms of the agreement shall be reviewed and revised as appropriate by the Zoning Administrator and/or City Attorney, who shall formulate a recommendation to the decision making body for final approval. This agreement shall include, but is not limited to, the following:
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(1) Number of Units. The total number of units approved for the projects, including the number of affordable housing units.
(2) Target Units. The location, unit sizes (in square feet) and number of bedrooms of the affordable housing units.
(3) Household Income Group. A description of the household income groups to be accommodated by the project and a calculation of the Affordable Sales Price.
(4) Certification Procedures. The party responsible for certifying sales prices or annual rental rates, and the process that will be used for certification. (5) Schedule. A schedule for the completion and occupancy of the affordable housing units.
(6) Required Term of Affordability. Duration of affordability of the housing units. Provisions shall also cover resale control and deed restrictions on targeted housing units that are binding on property upon sale or transfer. (7) Expiration of Agreement. Provisions covering the expiration of the agreement, including notice prior to conversion to market rate units and right of first refusal option for the City and/or the distribution of accrued equity for for-sale units.
(8) Remedies for Breach. A description of the remedies for breach of the Agreement by either party.
(9) Other Provisions. Other provisions to ensure implementation and compliance with this chapter.
(10) Condominium and Planned Developments. In the case of condominium and planned developments, the Regulatory Agreement shall provide for the following conditions governing the initial resale and use of affordable housing units:
a. Target units shall, upon initial sale, be sold to eligible Very Low, Lower, or Moderate Income Households at an Affordable Sales Price and Housing Cost, or to Qualified Residents as defined by this Ordinance.
b. Target units shall be initially owner-occupied by eligible Very Low or Lower Income Households.
c. Upon resale, the seller of a target unit shall retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation. The City shall recapture its proportionate share of appreciation, which shall be used to promote home ownership opportunities as provided for in Health and Safety Code Section 33334.2. The City’s proportionate share shall be equal to the percentage by which the initial sale price to the targeted household was less than the fair market value of the dwelling unit at the time of initial sale.
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(11) Rental Housing Developments. In the case of rental housing developments, the Regulatory Agreement shall provide for the following conditions governing the use of Target Units during the use restriction period:
a. The rules and procedures for qualifying tenants, establishing affordable rent rates, filling vacancies, and maintaining Target Units for qualified tenants.
b. Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this chapter. c. Provisions requiring owners to submit an annual report to the City, which includes the name, address, and income of each person occupying Target Units, and which identifies the bedroom size and monthly rent or cost of each Target Unit.
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Chapter 303 Landscaping
Sections:
303.01 Purpose
303.02 Applicability
303.03 Landscape Design Principles
303.04 Landscape Plans
303.05 Areas to be Landscaped
303.06 General Landscaping Standards
303.07 Water Efficiency
303.08 Irrigation Specifications
303.09 Model Homes
303.10 Installation and Completion
303.01 Purpose
The specific purposes of the landscaping regulations are to:
(a) Improve the appearance of the community by requiring aesthetically pleasing landscaping on public and private sites;
(b) Aid in energy conservation by providing shade from the sun and shelter from the wind;
(c) Soften the appearance of parking lots and other development through landscaping; (d) Promote conservation of water resources through the use of native and droughttolerant plants, and water-conserving irrigation practices; and (e) Minimize or eliminate conflicts between potentially incompatible but otherwise permitted land uses on adjoining lots through visual screening. 303.02 Applicability
(a) The standards of this chapter apply to all new development or improvements subject to City review as specified herein.
(b) “Qualified Landscape Areas” are those areas meeting one or more of the following criteria:
(1) New construction and rehabilitated common area landscapes with more than twenty-five hundred (2,500) square feet of landscaped area. (2) New construction landscapes which are homeowner-provided and/or homeowner-hired in single-unit and multi-unit residential projects with more than five thousand (5,000) square feet of landscaped area.
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303.03 Landscape Design Principles
The following design principles are general standards to be used by City staff in evaluating whether landscape plans conform to the requirements of this chapter:
(a) Natural Landscapes. Landscape designs shall incorporate and enhance existing natural landscapes and existing specimen trees and native vegetation (including canopy, understory, and ground cover). Particular care shall be given to preserve intact natural landscapes. Where previous landscaping has dramatically altered natural landscapes, new designs shall seek to reestablish natural landscape patterns and plantings. Natural landscapes and native vegetation do not include weeds. (b) Composition. The quality of a landscape design is dependent not only on the quantity and selection of plant materials but also on how that material is arranged.
Landscape materials shall include a combination of ground covers, shrubs, vines and trees with a variety of plant heights and colors.
(c) Buffering and Screening. The placement of natural landscape materials (trees, shrubs, and hedges) is the preferred method for buffering differing land uses, for providing a transition between adjacent properties, and for screening the view of any parking or storage area, refuse collection, utility enclosures, or other service area visible from a public street, alley, or pedestrian area. Plants may be used with fences or berms to achieve the desired screening or buffering effect. When used to screen an activity area such as a parking lot, landscaping shall not interfere with public safety.
(d) Responsive to Local Context and Character. Landscape designs shall build on the site’s and area’s unique physical characteristics, conserving and complementing existing natural features. Naturalistic design elements such as irregular plant spacing, undulating berm contours, and mixed proportions of plant species shall be used to ensure that new landscaping blends in and contributes to the quality of the surrounding area. Selection and spacing of plant material shall be reflective of the surrounding area’s character.
(e) Use of Native and Drought Resistant Plants. Landscape designs shall feature native and/or related plant species and avoid invasive species, especially in areas adjacent to existing native vegetation, to take advantage of the unique natural character and diversity of the region and the adaptability of native plants to local environmental conditions. Where feasible, the re-establishment of native habitats shall be incorporated into the landscape design. In the same manner, landscape designs shall utilize drought tolerant plant materials to the maximum extent feasible. The use of drought tolerant plants shall enrich the existing landscape character, conserve water and energy, and provide as pleasant and varied a visual appearance as plants that require more water.
(f) Continuity and Connection. Landscaping shall be designed within the context of the surrounding area, provided that the landscaping is also consistent with these design principles. Where the design intent and the surrounding landscape is naturalistic, plant materials shall blend well with adjacent properties, particularly where property edges meet, to create a seamless and natural landscape. Where the Series 300: Additional Use and Development Regulations
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design intent and the surrounding landscape is formal, consistent or similar plant material and spacing shall be utilized. Exceptions shall be made when seeking to create a transition between uses, districts, and tiers. (g) Enhancing Architecture. Landscape designs shall be compatible with and enhance the architectural character and features of the buildings on site, and help relate the building to the surrounding landscape. Major landscape elements shall be designed to complement architectural elevations and rooflines through color, texture, density, and form on both vertical and horizontal planes. Landscaping shall be in scale with on-site and adjacent buildings. Plant material shall be installed at an appropriate size and allowed to accomplish these intended goals. When foundation planting is required, plantings and window boxes shall incorporate artistic elements and be compatible with a building’s architectural character.
303.04 Landscape Plans
(a) Information Required. A landscape plan shall be submitted with the permit application for all projects for which landscaping is required. Landscape plans shall be drawn to scale and shall at a minimum indicate: proposed plant locations, species, and sizes; any additional proposed landscape elements; soil preparation measures; and any other measures to facilitate plant growth or control erosion.
Landscape plans shall include verification that the soil type, depth, and other characteristics are appropriate for the proposed landscaping and irrigation.
Landscape plans shall also indicate the location of any existing trees over six (6) inches in diameter, and whether each such tree is proposed for retention or removal.
Each landscape plan shall be accompanied by an irrigation plan that at a minimum indicates the location, type and size of all components of the irrigation system, including automatic controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, and backflow prevention devices.
(b) Preparation by Qualified Person. Landscaping for commercial projects, industrial projects, institutional projects, and residential projects consisting of more than twelve (12) units shall be prepared by a California licensed landscape contractor or California registered architect or landscape architect.
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303.05 Areas to be Landscaped
The following areas shall be landscaped, and may count toward the total area of site landscaping required by the zoning district regulations. (a) Required Setbacks. All required front and street-facing side setbacks, except for areas used for exit and entry, shall be landscaped.
FIGURE 303.05(A): REQUIRED SETBACKS
(b) Interior Property Lines Abutting R Districts. A minimum five (5) foot wide landscape buffer shall be provided along interior property lines, where no building abuts a property line, in districts adjacent to an R district. (c) Building Perimeters. The portions of a building façade that face onto a customer parking lot or front a public street shall have one (1) or more landscape planters installed along a minimum twenty (20) percent of that building face. The minimum width of the planter shall be three (3) feet. This standard does not apply where a building is located on the front or corner side property line and there is no setback between the building and the property line.
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FIGURE 303.05(C): BUILDING PERIMETERS
(d) Landscaping in Parking Areas. Parking areas shall be landscaped as required by Chapter 304, On-Site Parking and Loading.
(e) Orchards and Gardens. Areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens.
(f) Unused Areas. All areas of a project site not intended for a specific use, including areas planned for future phases of a phased development, shall be landscaped or left in a natural state. Access to the unused portion of the site shall be prohibited by a concrete curb, timber barrier or other barrier not less than six (6) inches high. 303.06 General Landscaping Standards
(a) Materials
(1) General. Landscaping shall consist of a combination of ground covers, shrubs, vines, and trees. Landscaped areas may include paved or graveled surfaces, provided they do not cover more than ten (10) percent of the area required to be landscaped. Plant materials shall be selected from those species and varieties known to thrive in the Porterville climate and/or listed in Sunset’s Western Garden Book, Region No. 9. Recirculating water shall be used for decorative water features.
(2) Ground Cover Materials. Ground cover shall be of living organic plant material. Ground cover may include grasses. The exclusive or majority use of non-plant materials such as gravel, colored rock, cinder, bark, and similar materials may not be used to meet the minimum planting area requirements required by this chapter. Mulch is not a substitute for ground cover plants.
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(3) Turf Allowance/Drought-Tolerant Materials. The maximum amount of lawn in required landscape areas shall be twenty-five (25) percent except for turf areas that comprise an essential component of a project (e.g., golf courses or playing fields), which are exempt from this limit. The installation of turf on slopes greater than twenty-five (25) percent is prohibited. The use of drought-tolerant or artificial turf plant materials is preferred in these applications to conserve the City’s water resources.
(4) Mulch. A minimum two (2) inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting ground covers or other special planting situations where mulch is not recommended. Stabilizing mulching products shall be used on slopes. (5) Size and Spacing. Plant materials shall be grouped in hydrozones in accordance with their respective water, cultural (soil, climate, sun and light) and maintenance needs. Plants shall be of the following size and spacing at the time of installation:
a. Ground Covers. Areas planted in ground cover plants other than grass seed or sod shall be planted at a rate of one (1) per twelve (12) inches on center.
b. Shrubs. Shrubs shall be a minimum size of one (1) gallon. When planted to serve as a hedge or screen, shrubs shall be planted with two (2) to four (4) feet of spacing, depending on the plant species. c. Trees. Trees shall be a minimum of fifteen (15) gallons in size with a one (1) inch diameter at breast height (dbh) spaced at thirty-five (35) feet on center. Newly planted trees shall be supported with stakes or guy wires.
(b) Dimension of Landscaped Areas. No landscaped area smaller than three (3) feet in any horizontal dimension shall count toward required landscaping. (c) Drivers’ Visibility. Trees and shrubs shall be planted and maintained so that at maturity they do not interfere with traffic safety sight areas, or public safety.
Notwithstanding other provisions of this section, landscaping must comply with Section 300.16, Visibility at Intersections and Driveways. 303.07 Water Efficiency
(a) Efficiency Requirement. Landscaping shall be designed and plantings selected so that water use is minimized. The total “water use value” of the proposed landscaping on a site, as described in the following subsection, may not exceed the total planting area.
(b) Procedure for Calculating Total Water Use Value. Total water use value shall be calculated as follows:
(1) Plants with similar water needs shall be grouped together on the landscape plan. All landscaped areas on a site shall be designated as being in the very low, low, moderate, or high water needs category, according to the Series 300: Additional Use and Development Regulations
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California Department of Water Resources study, Water Use Classification of Landscape Species (WUCOLS). Water bodies and turf shall be classified as high water use.
(2) The total area (either in square feet or acres) in very low, low, moderate or high water use planting types shall be determined.
(3) The area in each planting type shall be multiplied by the “water use value” for that planting type listed in Table 303.07(B)(3) below, and the products summed to determine total water use value of the landscape plan.
TABLE 303.07(B)(3): WATER USE VALUES OF PLANTING TYPES
Planting Type Water Use Value
Very Low Water Needs Category 0.1
Low Water Needs Category 0.4
Moderate Water Needs Category 1.0
High Water Needs Category 1.6
(4) In order to comply with this water use standard, the total water use value as calculated in paragraph three (3) above for a site shall be less than or equal to the total planting area expressed in square feet or acres. 303.08 Irrigation Specifications
An irrigation system shall be installed that consists of low-volume sprinkler heads, dry emitters, and bubbler emitters with automatic controllers. Each system shall be designed to provide adequate coverage to all plant material. Irrigation systems shall be designed, maintained, and managed to meet or exceed 0.71 efficiency. (a) Irrigation systems and decorative water features shall use recycled water when made available from the City.
(b) Soil types and infiltration rate shall be considered when designing irrigation systems.
Calculating Total Water Use Value
Area (sq. ft. or acres) in Very Low Water Needs Category x 0.1 = Area (sq. ft. or acres) in Low Water Needs Category x 0.4 = Area (sq. ft. or acres) in Moderate Water Needs Category x 1.0 = Area (sq. ft. or acres) in High Water Needs Category x 1.6 = Total Water Use Value for Site =
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(c) All irrigation systems shall be designed to avoid runoff, low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, or structures.
(d) Proper irrigation equipment and schedules, including features such as repeat cycles, shall be used to closely match application rates to infiltration rates therefore minimizing runoff.
(e) Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it.
(f) The irrigation plans shall include the following to provide better water efficiency for all landscaped areas:
(1) Equipment. Sprinklers and sprays shall not be used in areas less than five (5) feet wide. Drip and bubbler systems shall be used in areas where watering needs do not exceed one (1) and one-half (.5) gallons per minute per device.
(2) Water meters. Separate landscape water meters shall be installed for all qualified landscape areas.
(3) Controllers. Automatic control systems shall be required for all irrigation systems and shall be able to accommodate all aspects of the design.
Automatic controllers shall be digital, and shall have multiple programs, multiple cycles, and sensor input capabilities.
(4) Valves. Plants which require different amounts of water shall be irrigated by separate valves. If one (1) valve is used for a given area, only plants with similar water use shall be used in that area. Anti-drain (check) valves shall be installed in strategic points to minimize or prevent low-head drainage. (5) Sprinkler heads. Heads and emitters shall have consistent application rates within each control valve circuit. Sprinkler heads shall be selected for proper area coverage, application rate, operating pressure, adjustment capability, and ease of maintenance.
(6) Rain or Moisture-Sensor Devices. Soil moisture sensors and rain or moisture-sensing override devices are required for all qualified landscape areas.
303.09 Model Homes
At least one (1) model home that is landscaped in each project consisting of eight (8) or more homes shall demonstrate via signs and information, the principles of water efficient landscapes described in this Ordinance.
(a) Front Yard Sign. A four (4) square foot sign shall be located in the front yard of the “water saving” model so that it is clearly visible to buyers. The sign shall indicate that the model features a water saving landscape and irrigation design. (b) Interior display. A drawing, or combination of drawings, shall be displayed inside the "water saving" model or the sales office which provides a schematic of the Series 300: Additional Use and Development Regulations
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landscape. These drawings shall include a key identifying the common name of the plants used in the "water saving" model distributed with the sales information to potential buyers to satisfy this requirement.
(c) Literature. Additional literature describing water conserving landscaping and irrigation is encouraged to also be made available to the potential buyer or referenced on the interior display or brochure.
303.10 Installation and Completion
(a) Consistency with Approved Plans. All landscaping and screening shall be installed consistent with approved plans and specifications, in a manner designed to promote and maintain healthy plant growth.
(b) Timing of Installation. Required landscaping and screening shall be installed prior to the issuance of a Certificate of Occupancy for the associated project. (c) Exception–Assurance of Landscaping Completion. The Zoning Administrator may permit the required landscaping to be installed within one hundred twenty (120) days after the issuance of a Certificate of Occupancy in special circumstances related to weather conditions or plant availability. A surety in the amount equal to one hundred fifty (150) percent of the estimated cost of landscaping, including materials and labor, as well as an agreement that the required landscaping will be installed within one hundred twenty (120) days, shall be filed with the City to assure completion of landscaping installation within such time. The surety may take the form of cash deposit; and together with the agreement, would provide for payment to the City of any costs incurred in contracting for completion of the required landscaping.
(d) Certification of Substantial Completion. Upon completion of the installation of the landscaping and irrigation system, a field observation shall be completed by the licensed project contractor. A certificate of substantial completion shall be submitted to the City by the licensed project contractor. The certificate shall specifically indicate that the plants were installed as specified, that the irrigation system was installed as designed, along with a list of any deficiencies.
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Chapter 304 On-Site Parking and Loading
Sections:
304.01 Purpose
304.02 Applicability
304.03 General Provisions
304.04 Required Parking Spaces
304.05 Location of Required Parking
304.06 Parking Reductions
304.07 Downtown Parking Districts
304.08 Bicycle Parking
304.09 On-Site Loading
304.10 Parking Area Design and Development Standards
304.11 Parking and Storage of Recreational Vehicles
304.01 Purpose
The specific purposes of the on-site parking and loading regulations are to:
(a) Ensure that parking uses are provided for new land uses and major alterations to existing uses to meet the parking needs created by such uses; (b) Establish standards and regulations for the developer, owner, or operator of any specific use occurring outdoors or within an existing, newly constructed, or relocated building to provide well-designed, on-site parking areas; and (c) Ensure that on-site parking and loading areas are designed and located to protect the public safety; minimize congestion and conflict points on travel aisles and public streets; and where appropriate, buffer surrounding land uses from their impact. 304.02 Applicability
The requirements of this chapter apply to the establishment, alteration, expansion, or change in any use or structure, as provided in this section. (a) New Buildings and Land Uses. On-site parking and loading shall be provided according to the provisions of this chapter at the time any main building or structure is erected or any new use is established.
(b) Expansion and Change in Use of Existing Buildings. When an expansion of floor area or change in use classification creates an increase of ten (10) percent or more in the number of required on-site parking or loading spaces, on-site parking and loading shall be provided according to the provisions of this chapter. (c) Reconstruction. Additional parking spaces are not required for the remodel or reconstruction of an existing building when there is no increase in footprint or floor area.
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(d) Alterations that Increase Number of Dwelling Units. If an alteration to an existing building increases the number of residential dwelling units on the site, onsite parking to serve the new dwelling units shall be provided according to the provisions of this chapter.
(e) When Constructed. On-site parking and loading facilities required by this chapter shall be constructed or installed prior to the issuance of a Certificate of Occupancy for the uses that they serve.
304.03 General Provisions
(a) Existing Parking and Loading to be Maintained. No existing parking or loading serving any use may be reduced in amount or changed in design, location or maintenance below the requirements for such use, unless equivalent substitute parking or loading facilities are provided or a parking reduction is approved pursuant to Section 304.06, Parking Reductions.
(b) Use of Required Parking Spaces. Required on-site parking areas shall be used exclusively for the temporary parking of vehicles and shall not be used for the sale, lease, display, repair, or storage of vehicles, trailers, boats, campers, mobile homes, merchandise, or equipment, or for any other use, unless specifically authorized by another provision of this Ordinance.
(c) Nonconforming Parking or Loading. An existing use of land or structure shall not be deemed to be nonconforming solely because of a lack of on-site parking or loading facilities required by this chapter, provided that facilities used for on-site parking and loading as of the date of adoption of this Ordinance are not reduced in number to less than that required by this chapter.
304.04 Required Parking Spaces
(a) Minimum Number of Spaces Required. Each land use shall be provided at least the number of on-site parking spaces stated in Table 304.04(A). (b) Calculation of Required Spaces. The number of required parking spaces shall be calculated according to the following rules:
(1) Fractions. If the calculation of required parking or loading spaces results in the requirement of a fractional space, such fraction, if one-half (0.5) or greater, shall be considered one (1) additional space; if the fraction is less than one-half (0.5), it shall result in no additional spaces. (2) Floor Area. Where an on-site parking or loading requirement is stated as a ratio of parking spaces to floor area, the floor area is assumed to be gross floor area, unless otherwise stated.
(3) Employees. Where an on-site parking or loading requirement is stated as a ratio of parking spaces to employees, the number of employees shall be based on the largest shift that occurs in a typical week.
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(4) Bedrooms. Where an on-site parking requirement is stated as a ratio of parking spaces to bedrooms, any rooms having the potential of being a bedroom and meeting the standard of the Building Code as a bedroom shall be counted as a bedroom.
(5) Students or Clients. Where a parking or loading requirement is stated as a ratio of parking spaces to students (including children in day care), the number is assumed to be the number of students or clients at the statecertified capacity. (6) Seats. Where parking requirements are stated as a ratio of parking spaces to seats, each eighteen (18) inches of bench-type seating at maximum seating capacity is counted as one (1) seat.
(c) Existing Spaces—Role in Parking Calculation. The number of parking or loading spaces required for an expansion or change in use, shall be based on the existing spaces plus the additional spaces prescribed in this section, unless the preexisting number is already greater than the number required.
(d) Downtown Parking—Role in Parking Calculation. For properties in the Downtown districts, on-street parking spaces may be counted toward required offstreet parking for non-residential uses in an amount equal to the proportionate share of the block face. For example, a site that occupies twenty-five (25) percent of the block face is credited with twenty-five (25) percent of the on-street parking spaces along that block face. These provisions apply to street frontages where on-street parking is allowed as identified in 304.07 Downtown Parking Districts. (e) Sites with Multiple Uses. If more than one (1) use is located on a site, the number of required on-site parking spaces and loading spaces shall be equal to the sum of the requirements prescribed for each use unless a reduction for shared parking is approved pursuant to Section 304.06(b), Shared Parking, and except for commercial centers with two (2) or more commercial establishments, which shall be provided parking at a ratio of one (1) parking space per three hundred (300) square feet of floor area if the floor area is more than fifty thousand (50,000) square feet. (f) Uses Not Specified. The parking requirement for any use not listed in Table 304.04(A) shall be determined by the Zoning Administrator based upon the requirements for the most similar comparable use, the particular characteristics of the proposed use, and any other relevant data regarding parking demand. In order to make this determination, the Zoning Administrator may require the applicant to submit a parking demand study or other information, at the applicant’s cost. (g) Parking Requirements Determined by Zoning Administrator. Where the parking requirement in Table 304.04(A) is listed as “to be determined by the Zoning Administrator,” the Zoning Administrator shall establish the parking requirement based on the particular characteristics of the proposed use, and any other relevant data regarding parking demand. The Zoning Administrator may require the applicant to submit parking studies or any other information needed to assess parking demand for the proposed project. Where a Conditional Use Permit is Porterville Development Ordinance
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required for the use, the ultimate parking requirement will be established by the Conditional Use Permit.
(h) Queuing Area. The number of parking spaces required by Table 304.04(A) does not include queuing space that may be required for vehicles and customers waiting in vehicles for service at drive-through facilities, pump stations, auto service bays, or similar uses. Queuing Area shall provide space for six (6) vehicles (restaurants shall provide spacing from the menu board). In lieu of this standard, a focused traffic study which models vehicular queuing may be prepared subject to Zoning Administrator approval. The stacking area shall not interfere with other on-site circulation and parking facilities. Where required, queuing area shall be measured as twenty (20) feet per car.
TABLE 304.04(A): REQUIRED ON-SITE PARKING SPACES
Land Use Classification Required Parking Spaces
Residential Use Classifications
Single-family, Detached
Single-family, Attached
2 covered parking for each dwelling unit.
Second Unit See Section 301.16, Second Dwelling Units.
Multi-family Residential 1 per studio unit. 1.5 per one-bedroom unit. 2 per 2-bedroom unit. Additional bedrooms above 2: 0.5 space/bedroom. One space for each unit shall be designated for the unit and covered. One additional guest parking space shall be
provided for every 3 units.
Small Family Day Care Home None, beyond what is required for the residential use.
Large Family Day Care Home 1 per non-resident employee. 1 passenger loading space, on or off-site. (Required spaces are in addition to those required for the primary residential use).
Group Residential 1 per bed, bedroom, or dwelling unit, whichever is greatest, plus 1 guest parking space per 3 units.
Manufactured Home Park 2 on-site spaces for each dwelling unit. At least one required space shall be covered. Tandem parking allowed
Residential Care, Limited None, beyond what is required for the residential use.
Public and Semi-Public Use Classifications
Cemetery To be determined by the Zoning Administrator.
Clubs and Lodges 1 for each 3 permanent seats in main assembly area, or 1 for every 50 sq. ft. of assembly area where temporary or
moveable seats are provided.
Colleges and Trade Schools,
Public or Private
To be determined by the Zoning Administrator based on
parking demand study.
Community Center To be determined by the Zoning Administrator.
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TABLE 304.04(A): REQUIRED ON-SITE PARKING SPACES
Land Use Classification Required Parking Spaces
Cultural Institutions For theaters and auditoriums: 1 for each 3 permanent seats in main assembly area, or 1 for every 50 sq. ft. of assembly area where temporary or moveable seats are provided.
Galleries and Museums: 1 for every 400 sq. ft. of floor area.
Other establishments: determined by the Zoning
Administrator.
Day Care Center 1 per first 5 clients, plus 1 for each additional 10 clients.
Elderly and Long Term Care For first 10 beds: 1 per 2 beds. Additional beds: 1 additional space for each 4 beds.
Government Offices 1 per 300 sq. ft. of floor area.
Instructional Services 1 per 300 sq. ft. of floor area.
Park and Recreation Facilities,
Public
To be determined by the Zoning Administrator.
Public Safety Facilities To be determined by the Zoning Administrator.
Religious Facilities 1 for each 3 permanent seats in main assembly area, or 1 for every 50 sq. ft. of assembly area where temporary or
moveable seats are provided.
Residential Care, General For first 10 beds: 1 per 2 beds. Additional beds: 1 additional space for each 4 beds.
Schools, Public or Private Elementary and Middle Schools: 1 per classroom, plus 1 per 250 sq. ft. of office area.
High Schools: .35 per student
Social Service Facilities 1 per 200 sq. ft. of floor area.
Commercial Use Classifications
Aircraft Sales, Services, and
Storage
To be determined by the Zoning Administrator.
Animal Care, Sales and Services
Kennels 1 per 1,000 sq. ft. of floor area.
Pet Store 1 per 250 sq. ft. of floor area.
Veterinary Services 1 per 250 sq. ft. of floor area.
Artists’ Studios 1 per 1,000 sq. ft. of floor area.
Automobile/Vehicle Sales and Services
Automobile/Vehicle Rentals 1 per 250 sq. ft. of office area in addition to spaces for all vehicles for rent.
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TABLE 304.04(A): REQUIRED ON-SITE PARKING SPACES
Land Use Classification Required Parking Spaces
Automobile/Vehicle Sales and
Leasing
1 per 250 sq. ft. of office area, plus 1 space per 1,000 sq. ft. of indoor or outdoor sales display area. Any accessory auto repair: 2 spaces per service bay. Minimum 5 spaces per
dealership.
Automobile/Vehicle Repair,
Major or Minor
2 per service bay.
Automobile/Vehicle Washing Minimum 1 space for automatic facilities, minimum 3 spaces for other facilities, plus1 space per 250 sq. ft. of any indoor sales, office, or lounge areas.
Large Vehicle and Equipment
Sales, Service and Rental
1 per 250 sq. ft. of office area plus 1 per 2,500 sq. ft. of sales display area.
Service Station 2 per service bay, if service bays are included on site. 1 per 200 sq. ft. of any convenience store on site.
Towing and Impound 1 per 500 sq. ft. of building area plus 1 per 0.5 acre of gross outdoor use area.
Banks and Financial Institutions
(All subclassifications)
1 per 300 sq. ft. of floor area.
Building Materials Services 1 per 400 sq. ft. of floor area; 1 per 600 sq. ft. of outdoor display area.
Business Services 1 per 300 sq. ft. of floor area.
Commercial Entertainment and
Recreation
Establishments with seating: 1 for each 3 permanent seats in main assembly area, or 1 for every 50 sq. ft. of assembly area where temporary or moveable seats are provided.
Bowling alleys: 3 per lane.
Other Commercial Entertainment and Recreation uses: to be determined by Zoning Administrator.
Eating, Drinking, and Smoking Establishments
Bars/Night Clubs/Lounges Minimum 2 spaces. 1 per 75 sq. ft. of customer seating area.
Coffee Shops/Cafes Minimum 2 spaces. 1 per 100 sq. ft. of customer seating area.
Restaurants Minimum 2 spaces. 1 per 75 sq. ft. of customer seating area; no parking is required for outdoor seating when seats
provided equal 50 percent or less of total indoor seating.
Tobacco Bars Minimum 2 spaces. 1 per 75 sq. ft. of customer seating area.
Food and Beverage Retail Sales 1 per 250 sq. ft. of floor area.
Funeral Parlors and Mortuaries 1 for each 4 permanent seats in assembly areas, plus 1 per 250 sq. ft. of office area.
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TABLE 304.04(A): REQUIRED ON-SITE PARKING SPACES
Land Use Classification Required Parking Spaces
Hotels and Motels 1 per each living or sleeping unit, plus 2 spaces adjacent to registration office. Additional parking required for ancillary uses, such as restaurants, according to the parking
requirements for the ancillary use.
Light Fleet-based services 1 per 250 sq. ft. of office floor area, plus one space for each fleet vehicle.
Maintenance and Repair Services 1 per 350 sq. ft. of building floor area, plus one space for each fleet vehicle.
Medical Facilities
Hospital 1 per bed; plus 1 per 250 sq. ft. of area used for office, clinics, testing, research, administration, and similar activities associated with the principal use.
Medical Clinic 1 per 200 square feet
Single Physician Office 1 per 175 square feet
Nurseries and Garden Centers 1 per 250 sq. ft. of floor area, plus 1 per 500 sq. ft. of outside display or greenhouse area.
Offices
(All Subclassifications)
1 per 250 sq. ft. of floor area.
Parking, Public or Private 1 per attendant station (in addition to the spaces that are available to public).
Personal Services 1 per 200 sq. ft. of floor area.
Retail Sales
Less than 50,000 square feet 1 per 250 sq. ft. of floor area. 50,000 square feet or more 1 per 300 sq. ft. of floor area.
Salvage and Wrecking 1 per 500 sq. ft. of building area plus 1 per 0.5 acre of gross outdoor use area.
Sexually Oriented Business As determined by the Zoning Administrator based upon requirements for the most similar comparable use
Wholesaling and Distribution 1 per 2,000 sq. ft. of floor area.
Industrial Use Classifications
Construction and Materials Yards To be determined by Zoning Administrator.
Handicraft/Custom Manufacturing 1 per 2,000 sq. ft. of floor area.
Industry, General 1 per 1,000 sq. ft. of floor area.
Industry, Limited 1 per 1,000 sq. ft. of floor area.
Recycling Collection Facilities
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TABLE 304.04(A): REQUIRED ON-SITE PARKING SPACES
Land Use Classification Required Parking Spaces
Recycling Collection Point Minimum 1 space. Number of additional spaces to be determined by the Zoning Administrator.
Recycling Processing Facility 1 for each 2 employees on the maximum work shift, or 1 per 1,000 sq. ft. of floor area, whichever is greater.
Warehousing and Storage
Chemical, Mineral, and
Explosives Storage
1 per 2 employees or 1 per 200 sq. ft. of office area,
whichever is greater.
Indoor Commercial Storage 1 per 1,000 sq. ft. of floor area.
Outdoor Storage 1 per 2 employees or 1 per 200 sq. ft. of office area, whichever is greater.
Personal Storage 1 space per 75 storage units, plus 1 space per 300 square feet of office area. A minimum of 5 spaces shall be provided.
Transportation, Communication, and Utilities Use Classifications Airports and Heliports To be determined by the Zoning Administrator.
Communication Facilities
Antennae and Transmission
Towers
Minimum 1 space for maintenance and servicing. Additional spaces to be determined by the Zoning Administrator.
Facilities within Buildings To be determined by the Zoning Administrator.
Freight/Truck Terminals and
Warehouses
1 for each 2 employees on the maximum work shift, or 1 for each 3,000 sq. ft. of floor area, whichever is greater.
Transportation Passenger
Terminals
To be determined by the Zoning Administrator.
Utilities, Major To be determined by the Zoning Administrator.
Utilities, Minor None.
Agriculture and Extractive Use Classifications
Crop and Animal Raising 1 for every 2 employees on the maximum shift.
Mining and Quarrying 1 for every 2 employees on the maximum shift. 304.05 Location of Required Parking
(a) Single-Family Dwellings and Second Units. Required parking for a Single-Family Dwelling (except a manufactured home located within a manufactured home park) and a Second Unit shall be located on the same lot as the dwelling(s) served, and shall not be located within a required front or street-facing side yard. For purposes of this section, the required front yard setback is twenty (20) feet. (b) Multi-Family Residential, Group Housing, and Manufactured Homes. Required parking for Multi-Family Residential, Group Housing, manufactured homes located Series 300: Additional Use and Development Regulations
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in a manufactured home park, and other residential uses, shall be located on the same lot as the dwelling served, or in a common parking area not more than four hundred (400) feet from the dwellings served. If located in a common parking area, a parking agreement shall be filed as provided in Subsection (d)(2) of this section.
Parking shall not be located within a required front or street-facing side yard. (c) Nonresidential Uses. Required parking spaces serving commercial, industrial, and other non-residential uses shall be located on the same lot as the use they serve, or in an off-site parking facility as provided in Subsection (d) of this section. (d) Off-Site Parking Facilities. A parking facility serving one (1) or more nonresidential uses located on a site other than the site of one (1) or more such use(s) may be approved if the standards of this subsection are met. (1) Location. Any off-site parking facility shall be located within four hundred (400) feet, along a pedestrian route, of the principal entrance containing the use(s) for which the parking is required.
(2) Parking Agreement. A written agreement between the landowner(s) and the City shall be filed, in a form satisfactory to the City Attorney, and including:
a. A guarantee among the landowner(s) for access to and use of the parking facility;
b. A guarantee that the spaces to be provided will be maintained and reserved for the uses served for as long as such uses are in operation; and
c. Evidence that the agreement has been recorded in the County Recorder's office.
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FIGURE 304.05: LOCATION OF REQUIRED PARKING
304.06 Parking Reductions
The number of on-site motor vehicle parking spaces required by Table 304.04(A) may be reduced in accordance with the provisions of this section. (a) Residential Uses. If a developer can demonstrate that a Multi-Family Residential, Group Residential, or service-oriented housing project designed for residents with special needs, such as senior citizens or handicapped individuals, will not generate a need for as much parking as such a project designed for a general market, the City Council shall have the authority to allow a reduction in the number of required parking spaces. Upon conversion of a senior citizen or other special needs group housing project to a general market apartment or condominium complex, parking shall be provided consistent with the requirements of Table 304.04(A).
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(b) Shared Parking. Where a shared parking facility serving more than one (1) use will be provided, the total number of required parking spaces may be reduced with a Minor Conditional Use Permit, if the City Council finds that all of the following are true:
(1) The peak hours of use will not overlap or coincide to the degree that peak demand for parking spaces from all uses will be greater than the total supply of spaces;
(2) The adequacy of the quantity and efficiency of parking provided will equal or exceed the level that can be expected if parking for each use were provided separately;
(3) A parking demand study prepared by an independent qualified professional approved by the City supports the proposed reduction; and (4) In the case of a shared parking facility that serves more than one (1) property, a parking agreement has been prepared consistent with the provisions of Section 304.05(d), Off-Site Parking Facilities. (c) Other Parking Reductions. Required parking for any use may be reduced through approval of a Minor Conditional Use Permit.
(1) Criteria for Approval. The City Council shall consider the following before approving a Minor Conditional Use Permit.
a. The required findings in Chapter 605, Conditional Use Permits are met.
b. Special conditions—including but not limited to the nature of the proposed operation, proximity to frequent transit service, transportation characteristics of persons residing, working, or visiting the site, or because the applicant has undertaken a transportation demand management program—exist that will reduce parking demand at the site;
c. The use will adequately be served by the proposed parking; and d. Parking demand generated by the project will not exceed the capacity of or have a detrimental impact on the supply of on-street parking in the surrounding area.
(2) Parking Demand Study. In order to evaluate a proposed project’s compliance with the above criteria, the Zoning Administrator may require submittal of a parking demand study that substantiates the basis for granting a reduced number of spaces and includes any of the following information, as directed by the City:
a. Total square footage of all uses within existing and proposed development and the square footage devoted to each type of use. b. A survey of existing on-street and on-site parking within three hundred fifty (350) feet of the project site.
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c. Parking requirements for the net change in square footage and/or change in use, based on the requirements of Table 304.04(A). d. Estimated net change in parking demand between existing and proposed development, using any available existing parking generation studies from the Institute for Transportation Engineers (ITE) or other sources. If appropriate parking demand studies are not available, the City may require the applicant to conduct a parking demand survey of a development similar to the proposed. e. Comparison of proposed parking supply with parking requirements and net change in parking demand.
f. A shared parking analysis, as appropriate.
g. A description of possible Transportation Demand Management measures, such as preferential carpool spaces, telecommuting or staggered works shifts, provision of transit passes or other transit incentives for residents or employees, incorporation of spaces for car share vehicles, bicycles, or other measures that could result in reduced parking demand.
h. Other information as required by the City.
304.07 Downtown Parking Districts
(a) Purpose. The City has established two (2) downtown parking districts in the downtown area in recognition that due to the concentration and mix of uses in the downtown area, parking spaces will be shared among uses and the actual demand for spaces in these areas is less than what would otherwise be necessary. In addition, the proximity to the City transit center further reduces parking demand in these areas.
(b) Required Parking Spaces. The number of off-street parking spaces required within the zones of Downtown Parking District No. 1, as shown in Figure 304.07(A), shall not be less than stated in Table 304.07(B). The number of off-street parking spaces in Downtown Parking District No. 2, as shown in Figure 304.07(B) shall be determined by the City Council.
TABLE 304.07(B): REQUIRED PARKING SPACES IN DOWNTOWN PARKING DISTRICT NO. 1 Zones of Benefit Required Parking Spaces
Zone A No parking spaces required for a total of three stories of floor area with a basement, if any, included as one story.
Zone B 1 per 600 square feet of floor area.
Zone C 1 per 500 square feet of floor area.
Zone D 1 per 400 square feet of floor area.
Zone E 1 per 250 square feet of floor area.
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FIGURE 304.07(A): DOWNTOWN PARKING DISTRICT NO. 1
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FIGURE 304.07(B): DOWNTOWN PARKING DISTRICT NO. 2
(c) In Lieu Payments. In lieu of providing the parking spaces required in Table 304.07(B), the person required to provide said parking spaces may pay to the City in the case of Downtown Parking District No. 1 and the Redevelopment Agency/Successor Agency in the case of Downtown Parking District No. 2, an amount to be established by the City Council. All monies collected pursuant to this section shall be deposited in a special fund with said fund to be used only for the purpose of acquisition of properties and construction of parking spaces within the respective downtown parking district. For all projects within Downtown Parking District No. 1-Zone E and projects that exceed two (2) stories in Downtown Parking District No. 2, the in lieu payment option is subject to City Council approval. (d) Exceptions. The following uses are not subject to the parking space requirements in Table 304.07(B) and shall instead provide parking in accordance with Table 304.04(A).
(1) All residential uses.
(2) Bowling lanes.
(3) Commercial Entertainment and Recreation Facilities. (4) Drive-In Restaurants.
(5) Gymnasiums.
(6) Hotels and Motels.
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(7) Theaters.
(e) Location of Parking. The parking spaces required by this chapter shall be located within the boundaries of the respective downtown parking district or immediately adjacent to the district.
304.08 Bicycle Parking
Bicycle parking shall comply with the latest edition of the California Green Building Standards Code, and the location of such parking shall be shown on the site plan.
304.09 On-Site Loading
(a) Loading Spaces Required. A building, or part thereof, having a floor area of tenthousand (10,000) square feet or more that is to be occupied by a manufacturing plant, storage facility, warehouse facility, retail store, wholesale store, market, hotel, hospital, mortuary, laundry, dry-cleaning establishment, or other use similarly requiring the receipt or distribution by vehicles or trucks of material or merchandise shall provide at least one (1) on-site loading space, plus one (1) additional loading space for each additional forty thousand (40,000) square feet of floor area. Such onsite loading space shall be maintained during the existence of the building or use that it is required to serve.
(1) Reduction in Number of Loading Spaces Required. The loading space requirement may be waived upon a finding that the applicant has satisfactorily demonstrated that due to the nature of the proposed use, such loading space will not be needed.
(2) Additional Loading Spaces Required. The required number of loading spaces may be increased to ensure that trucks will not be loaded, unloaded, or stored on public streets. Such requirement shall be based on the anticipated frequency of truck pickups and deliveries and of the truck storage requirements of the use for which the on-site loading spaces are required.
(b) Minimum Size. Each on-site loading space required by this chapter shall not be less than twelve (12) feet wide, thirty (30) feet long, and fifteen (15) feet high, exclusive of driveways for ingress and egress and maneuvering areas. (c) Driveways for Ingress and Egress and Maneuvering Areas. Each on-site loading space required by this chapter shall be provided with driveways for ingress and egress and maneuvering space of the same type and meeting the same criteria required for on-site parking spaces. Truck-maneuvering areas shall not encroach into required parking areas, travelways, or street rights-of-way. 304.10 Parking Area Design and Development Standards
(a) Handicapped Parking. Each lot or parking structure where parking is provided for the public as clients, guests, or employees shall include parking accessible to Porterville Development Ordinance
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handicapped or disabled persons as near as practical to a primary entrance and in accordance with the Americans with Disabilities Act.
(b) Compact Parking. On a site with at least ten (10) parking spaces, up to ten (10) percent of the total required parking spaces may be compact spaces, provided that the following standards are met:
(1) In residential parking areas, all parking spaces that are required to be covered shall be standard size; and
(2) All compact spaces are to be designated with a sign or pavement marking. (c) Size of Parking Spaces and Maneuvering Aisles. Parking spaces and maneuvering aisles shall be provided to meet the minimum dimensions required by this subsection. Screening walls, roof support posts, columns, or other structural members shall not intrude into the required dimensions for parking spaces. (1) Standard Parking Spaces. The minimum basic dimension for standard parking spaces is nine (9) feet by twenty (20) feet. This dimension is reduced to nine (9) feet by eighteen (18) feet where an additional two (2) feet of sidewalk or landscaped area planted with low growing plants is provided for vehicle overhang. Table 304.10(C)(1) provides the dimensions of spaces (stalls) and aisles according to angle of parking spaces.
TABLE 304.10(C)(1): STANDARD PARKING SPACE AND AISLE DIMENSIONS Angle of
Parking
Stall Width Curb Length Per Stall Stall Depth
from Curb
Aisle Width
One-way Two-way
Parallel 9'0" 23'0" 9'0" 12’ 20’
45° 9'0" 12'8" 20’0" 15' 20’
60° 9'0" 10'5" 21'6" 18' 20’
90° 9'0" 9'0" 20'0" 25' 25’
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FIGURE 304.10(C)(1): STANDARD PARKING SPACES
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(2) Compact Parking Spaces. The minimum basic dimension for compact parking stalls shall be seven (7) feet by sixteen (16) feet. (3) Parking Spaces Abutting Wall or Fence. Parking spaces shall be located a minimum of two (2) feet from any wall, fence, column, or other obstruction higher than one-half (0.5) feet.
(4) Long-term Parking. In parking areas, or portions of parking areas, restricted to employee use rather than customer or visitor use, and in which a vehicle is not normally moved during the period of an employee's work shift, the width of parking spaces may be reduced to eight and one-half (8.5) feet and the stall depth for standards spaces may be reduced to eighteen (18) feet. (5) Minimum Dimensions for Residential Carports. Each single-car carport shall measure at least eleven (11) feet wide by twenty (20) feet long. Each double carport shall measure at least twenty (20) feet wide by twenty (20) feet long. The width of the carport is to be measured from inside face of support to inside face of opposite support. The carport roof shall cover the entire twenty (20) feet length of the space. Unless adequate enclosed storage area is provided elsewhere on-site, the carport shall include a minimum eighty (80) square feet enclosed storage unit with minimum dimensions of six (6) feet in height and four (4) feet in width and depth.
FIGURE 304.10(C)(6): MINIMUM DIMENSIONS FOR RESIDENTIAL CARPORTS (6) Minimum Dimensions for Residential Enclosed Garages. Enclosed garages serving residential uses shall be constructed to meet the following minimum inside dimensions.
a. A single-car garage shall be at least eleven (11) feet wide and twenty (20) feet long.
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b. A double-car garage shall be at least twenty (20) feet wide and twenty (20) feet long.
(d) Surfacing
(1) Residential. New residences or improvements to an existing residence of $25,000 or more within a two (2) year period shall provide a paved driveway consisting of concrete, asphalt concrete, pavers or other like material. (2) Non-Residential.
a. For parking, aisles, and access drives that are used on a daily basis asphalt concrete or concrete paving is required.
b. For long term parking or storage inside a secured enclosure that is not used on a daily basis any combination of asphalt concrete, concrete, pavers, decomposed granite or like material that creates a dust-free surface may be approved by the Zoning Administrator and the City Engineer.
c. Fire access roads shall be designed to carry the traffic loads anticipated.
d. Improvements to parking areas to be utilized for overflow parking or special events may be approved by the Zoning Administrator and City Engineer
(e) Parking Lot Striping. All parking stalls shall be clearly outlined with striping, and all aisles, approach lanes, and turning areas shall be clearly marked with directional arrows and lines as necessary to provide for safe traffic movement. (f) Perimeter Curbing. A six (6) inch wide and six (6) inch high concrete curb shall be provided along the outer edge of the parking facility pavement, except where said pavement abuts a fence or wall. Where a parking facility abuts an area planned for a future phases of a phased development a timber barrier or other barrier not less than six (6) inches high may be installed instead of a curb. (g) Lighting. Public parking areas designed to accommodate ten (10) or more vehicles shall be provided with a minimum of one-half (0.5) foot-candle and a maximum average of three (3) foot-candles of light over the parking surface during the hours of use from one-half (0.5) hour before dusk until one-half (0.5) hour after dawn.
Lighting design shall be coordinated with the landscape plan to ensure that vegetation growth will not substantially impair the intended illumination. Parking lot lighting shall, to the maximum extent feasible, be designed and installed so that light and glare is not directed onto residential use areas or adjacent public rights-ofway, consistent with Chapter 306, Performance Standards. (h) Separation From On-Site Buildings. Parking areas shall be separated from the front and side exterior walls of on-site buildings by walkways at least four (4) feet in width.
(i) Landscaping. Landscaping of parking areas shall be provided and maintained according to the general standards of Chapter 303, Landscaping, as well as the Porterville Development Ordinance
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standards of this subsection. The provisions of this subsection apply to all uses except Single-Family Dwellings and Duplexes.
(1) Landscape Area Required. A minimum of ten (10) percent of any parking lot area shall be landscaped. For the purpose of calculating required parking lot landscaping, parking lot areas are deemed to include parking and loading spaces as well as aisles, vehicle entry and exit areas, and any adjacent paved areas. Parking lot area does not include enclosed vehicle storage areas. (2) Minimum Planter Dimension. No landscape planter that is to be counted toward the required landscape area shall be smaller than twenty-five (25) square feet in area, or four (4) feet in any horizontal dimension, excluding curbing.
(3) Layout. Landscaped areas shall be well-distributed throughout the parking lot area. Parking lot landscaping may be provided in any combination of:
a. Landscaped planting strips at least four (4) feet wide between rows of parking stalls;
b. Landscaped planting strips between parking areas and adjacent buildings or internal pedestrian walkways;
c. Landscaped islands located between parking stalls or at the ends of rows of parking stalls; and
d. On-site landscaping at the parking lot perimeter.
(4) Required Landscaped Islands. A landscaped island at least six (6) feet in all interior dimensions and containing at least one (1) fifteen (15) gallon-size tree shall be provided at each end of each interior row of parking stalls and between all consecutive parking stalls in the following ratios:
a. Between every eight (8) stalls in any non-residential development; b. Between every six (6) consecutive stalls in a residential development or in a mixed-use development in which residential units overlook on-site parking areas.
(5) Landscaped Buffer for Open Parking Adjacent to Right-of-Way. A landscaped buffer area shall be provided between any surface parking area and any property line adjacent to a public street. The landscaped buffer shall have a minimum width as listed below unless a different dimension is specified in the base district standards applicable to a site. a. Residential Districts: Five (5) feet. Landscaped parkways or strips between the property line and the sidewalk count toward this requirement.
b. Non-residential Districts: Ten (10) feet.
(6) Landscaped Buffer for Open Parking Abutting Interior Lot Line. A landscaped area at least three (3) feet wide shall be provided between the outside edge of any surface parking area and any adjacent lot for the length of the parking area and a five (5) feet wide landscaped area shall be provided where commercial abuts an R district.
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(7) Trees. Trees shall be planted to result in fifty (50) percent shading of parking lot surface areas within fifteen (15) years.
a. Distribution. Trees shall be distributed relatively evenly throughout the parking area.
b. Species. Required trees for parking lots shall be selected from a list of recommended trees maintained by the Community Development Department or are listed in Sunset’s Western Garden Book, Region No. 9.
c. Minimum Planter Size. Any planting area for a tree shall have a minimum interior dimension of five (5) feet. Additional space may be required for some tree species.
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FIGURE 304.10(I): LANDSCAPING
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(8) Protection of Vegetation.
a. Clearance from Vehicles. All landscaped areas shall be designed so that plant materials, at maturity, are protected from vehicle damage by providing a minimum two (2) foot clearance of low-growing plants where a vehicle overhang is permitted.
b. Planters. All required parking lot landscaping shall be within planters bounded by a concrete curb at least six (6) inches wide and six (6) inches high.
FIGURE 304.10(I)(8): PROTECTION OF VEGETATION
(9) Irrigation. All landscaped areas shall be provided with an automatic sprinkler system.
(10) Visibility and Clearance. Landscaping in planters at the end of parking aisles may not obstruct drivers’ vision of vehicular and pedestrian crosstraffic. Mature trees shall have a foliage clearance maintained at eight (8) feet from the surface of the parking area. Other plant materials located in the interior of a parking lot shall not exceed thirty (30) inches in height. (j) Circulation and Safety
(1) Visibility shall be assured for pedestrians, bicyclists, and motorists entering individual parking spaces, circulating within a parking facility, and entering or leaving a parking facility.
(2) Off-street parking and loading areas shall be provided with sufficient maneuvering room so that all vehicles can enter and exit from a public street by forward motion only. This standard shall not apply to parking areas serving Single-Family Dwellings or duplexes served by individual driveways.
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(3) Parking lots shall be designed so that sanitation, emergency, and other public service vehicles can provide service without backing unreasonable distances or making other dangerous or hazardous turning movements. (4) Separate vehicular and pedestrian circulation systems shall be provided where possible. Multi-family residential developments of five (5) or more units shall be provided pedestrian access that is separate and distinct from driveways. Parking areas for commercial and mixed-use developments that are eighty (80) feet or more in depth and/or include fifty (50) or more parking spaces shall have distinct and dedicated pedestrian access from the commercial use to parking areas and public sidewalks, according to the following standards:
a. Connection to Public Sidewalk. An on-site walkway shall connect the main building entry to a public sidewalk on each street frontage.
Such walkway shall be the shortest practical distance between the main building entry and sidewalk, no more than one hundred twentyfive (125) percent of the straight-line distance. b. Materials and Width. Walkways shall provide at least five (5) feet of unobstructed width and be paved with concrete, stone, tile, brick, or comparable material.
c. Identification. Pedestrian walkways shall be clearly differentiated from driveways, parking aisles, and parking and loading spaces through the use of elevation changes, a different paving material, or similar method.
d. Separation. Where a pedestrian walkway is parallel and adjacent to an auto travel lane, it shall be raised and separated from the auto travel lane by a raised curb at least four (4) inches high, bollards, or other physical barrier.
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FIGURE 304.10(J): CIRCULATION AND SAFETY
304.11 Parking and Storage of Recreational Vehicles
Parking and storing of recreational vehicles, boats, campers, trailers and similar vehicles are prohibited from being stored for a period longer than seventy-two hours (72) hours in the front yard setback. They may be stored in the side or rear yard behind a minimum six (6) foot high, solid fence. At no time are recreational vehicles allowed to be occupied as residences. Connection to any combination of electrical, water, cable, or sewer facilities is considered prima fascia evidence of occupation as a residence. Storage on the street is limited pursuant to Section 17-10.4 of the Porterville Municipal Code.
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Chapter 305 Signs
Sections:
305.01 Purpose
305.02 Applicability
305.03 Design Principles
305.04 Exempt Signs
305.05 Prohibited Signs
305.06 General Standards
305.07 Sign Standards for Residential Districts
305.08 Sign Standards for Non-Residential Districts
305.09 Standards for Specific Types of Signs
305.10 Temporary Signs
305.11 Permits Required; Review Process
305.12 Master Sign Program
305.13 Nonconforming Signs
305.14 Abatement and Removal of Illegal Signs
305.01 Purpose
The purpose of this chapter is to establish regulations to ensure the orderly display of signs as a city-wide information system, consistent with State and Federal law. These regulations recognize the desire and need of each individual, business, firm or corporation to identify its place of residence, business or service, and realizing that the indiscriminate erection, location, illumination, coloring, size, and lack of proper maintenance of signs and advertising structures, constitutes a significant contributing factor detrimental to the wellbeing and continuing activity of a city's people and economy. Specifically, these regulations are intended to:
(a) Assure that all signs and advertising structures are designed, erected and maintained in a manner to enhance, rather than detract from, the ultimate design and appearance of the affected locality, and do not impair the view of nearby or adjacent signs; (b) Prohibit the installation and maintenance of signs or advertising structures that unduly distract motorists' attention from driving, and which detract from attention to traffic movement and to signs and signals promoting traffic safety; (c) Prevent the installation and maintenance of signs or advertising structures that individually or collectively have an injurious effect on the morale of the people and the economic well being of the City;
(d) Assure that size and location of signs and advertising structures do not constitute an obstacle to effective fire protection and firefighting techniques; nor constitute a direct or potential danger to vehicular or pedestrian traffic, especially in the event of structural failure during the period of inclement weather and earthquakes or in the event of impaired vision due to improper size or location; and (e) Otherwise protect the public health, safety, morale, and promote the public welfare.
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305.02 Policies
The policies and principles stated in this Section apply to all signs within the regulatory scope of this Chapter, and to all procedures set forth in, or invoked by, this Chapter. These policies are to prevail over any other provision to the contrary, even if more specific. (a) Permit Requirement. Unless expressly exempted by a provision of this Chapter, or by other applicable law, signs within the regulatory scope of this Chapter may be displayed only pursuant to a permit issued by the City. (b) Message Neutrality. It is the City’s policy to regulate signs in a constitutional manner, that is content neutral as to noncommercial signs and viewpoint neutral as to commercial signs.
(c) Regulatory Interpretations. All regulatory interpretations of this Chapter are to be exercised in light of the City’s message neutrality policy. Where a particular type of sign is proposed in a permit application, and the type is neither expressly allowed nor prohibited by this Chapter, or wherever a sign does not qualify as a “structure” as defined in the Building Code, then the Zoning Administrator shall approve, conditionally approve, or disapprove the application based on the most similar sign type that is expressly regulated by this Chapter.
(d) Substitution of Messages. Subject to the property owner’s consent, a noncommercial message of any type may be substituted for any duly permitted or allowed noncommercial message, provided that the sign structure or mounting device is legal without consideration of the message content. Such substitution of message may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary within this Chapter. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over any other noncommercial message. This provision does not create the right to increase the total amount of signage on a parcel, lot or land use; does not affect the requirement that a sign structure or mounting device be properly permitted; does not allow a change in the physical structure of a sign or its mounting device; does not allow the substitution of an off-site commercial message in place of an on-site commercial message; and does not allow one particular on-site commercial message to be substituted for another without a permit. (e) Rules for Non-communicative Aspects of Signs. All rules and regulations concerning the non-communicative aspects of signs, such as location, size, height, illumination, spacing, orientation, etc., stand enforceable independently of any permit or approval process.
(f) Situs of Non-commercial Message Signs. The onsite/offsite distinction applies only to commercial messages on signs.
(g) Property Owner’s Consent. No sign may be displayed without the consent of the legal owner(s) of the property on which the sign is mounted or displayed. For purposes of this policy, “owner” means the holder of the legal title to the property and all parties and persons holding a present right to possession, control or use of the property.
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(h) Legal Nature of Signage Rights and Duties. As to all signs attached to property, real or personal, the signage rights, duties and obligations arising from this Chapter attach to and travel with the land or other property on which a sign is mounted or displayed. This provision does not modify or affect the law of fixtures, sign-related provisions in private leases regarding signs (so long as they are not in conflict with this Chapter), or the ownership of sign structures.
(i) Sign Programs. Sign programs for specific developments, as well as special sign districts or special sign overlay zones, when approved by the Approving Authority, may modify the rules stated herein as to sign size, height, number, illumination, spacing, orientation or other non-communication aspects of signs, but may not override or modify any of the Basic Policies stated in this Section. All the provisions of this Section shall automatically apply to and be deemed a part of any sign program after the date on which this provision is initially adopted. (j) Severance. If any section, sentence, clause, phrase, word, portion or provision of this Chapter is held invalid, or unconstitutional, or unenforceable, by any court of competent jurisdiction, such holding shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision of this Chapter which can be given effect without the invalid portion. In adopting this Chapter, the City Council affirmatively declares that it would have approved and adopted the Chapter even without any portion which may be held invalid or unenforceable. 305.03 Applicability
The requirements and development standards in this chapter apply to signs in all zoning districts, unless otherwise specified.
305.04 Design Principles
(a) Architectural Compatibility. A sign (including its supporting structure, if any) shall be designed as an integral design element of a building’s architecture and architecturally compatible, including color and scale, with any building to which the sign is to be attached and with surrounding structures. A sign that spills over “natural” boundaries or architectural features and obliterates parts of upper floors of buildings, or is detrimental to visual order is not permitted. (b) Consistency with Area Character. A sign shall be consistent with distinct area or district characteristics and incorporate common design elements such as sign materials or themes. Where a sign is located in close proximity to a residential area, the sign shall be designed and located so it has little or no impact on adjacent residential neighborhoods.
(c) Legibility. The proportion of the elements of the sign’s message, including logos, letters, icons and other graphic images, shall be selected based on the anticipated distance and travel speed of the viewer. Colors chosen for the sign text and/or graphics shall have sufficient contrast with the sign background in order to be easily read during both day and night hours.
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FIGURE 305.04(C): LEGIBILITY OF SIGNS
(d) Finish. Signs shall have finished edges with a clean, smooth, consistent surface.
Lettering on the sign is to be of complementary size, proportion and font and either carved, routed, painted or applied.
(e) Visibility. A sign shall be conspicuous and readily distinguishable from its surroundings.
305.05 Exempt Signs
The following signs are exempt from the permit requirements of this chapter, and they do not count toward the total sign number or area limit for a site, provided that they conform to the specified standards and obtain building permits when required by law. (a) Civic Signs. Signs for historical or memorial buildings, when constructed of bronze or other incombustible materials or cut into any masonry surface and installed by a civic organization recognized by the City Council.
(b) Change of Business Signs. A temporary attachment or covering of wood, plastic, or canvas over a permanent sign may be displayed no longer than thirty (30) days following the change of ownership or activity for which the sign is intended, or up to ninety (90) days following issuance of a building permit. The sign shall be no larger than the previously permitted permanent sign.
(c) Construction Signs. One (1) sign, with a maximum sign area of thirty-two (32) square feet, per street frontage on real property where construction, structural Series 300: Additional Use and Development Regulations
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alteration or repair is to take place, or is taking place. Construction signs shall be removed upon final building inspection.
(d) Equipment Signs. Signs, not more than four (4) square feet in area, incorporated into displays, machinery or equipment by a manufacturer, distributor or vendor, such as signs customarily fixed to automated teller machines (ATMs), gasoline pumps, vending machines, menu boards and umbrellas.
FIGURE 305.05(D): EQUIPMENT SIGNS
(e) Flags. Flags with the display of only noncommercial speech. (f) Handbills. Handbills, Advertising Circulars, Etc., must comply with the standards and licensing contained in Chapter 3, Article II, of the Porterville Municipal Code (g) Identification Signs. Signs on apartment houses, boarding or rooming houses or similar uses, not exceeding six (6) square feet in area. (h) Information Signs. Displays commemorating legal holidays, hours of operation, opened or closed, etc., not exceeding four (4) square feet in area. (i) Name Plates. Name plates and occupational signs denoting only the name and occupation of any occupant in a commercial building or public institutional building, and not exceeding two (2) square feet in area. (j) Official Government Signs, Plaques, and Legal Notices. Official notices issued by a court, public body or office and posted in the performance of a public duty; notices posted by a utility or other quasi-public agent in the performance of a public duty or by any person given due legal notice; historical markers erected by a governmental body; or other signs required or authorized by law.
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(k) Parking and Directional Signs. On-site parking and directional signs for public or private developments, denoting the entrance, exit, and direction of traffic flow and not exceeding four (4) square feet in area per face, provided such signs are not prohibited or further regulated by other sections of this or any other ordinance of the City.
(l) Real Estate Offered for Sale, Rent or Lease (Off-site Directional). Not more than one (1) off-site sign with a maximum size of twenty (20) square feet and a maximum height of eight (8) feet, Permission from the property owners of the site where the sign is placed is required. Such signs shall be removed within 5 days following close of escrow or finalization of sale, rental, or lease. (m) Real Estate Offered for Sale, Rent or Lease (On-site). Not more than one (1) onsite real estate sign with a maximum size of six (6) square feet (excluding rider signs no larger than a total of six (6) square feet) and a maximum height of six (6) feet in the R districts, and a maximum size of thirty-two (32) square feet and a maximum height of eight (8) feet in all other districts, shall be allowed per street frontage of a parcel. Such signs shall be removed within 5 days following close of escrow or finalization of sale, rental or lease.
(n) Reader Panels. Permanent reader panels for public, charitable, or religious institutions provided said reader panels are located on the property to which such reader panels pertain and do not exceed twenty (20) square feet in total area per face nor more than ten (10) feet in height, and further provided said reader panels are located in such a manner as not to constitute a hazard to vehicular or pedestrian traffic. Electronic reader boards which otherwise comply with the signage requirements of the zone in which they are located, and do not include animation, characters, flashing, or similar rapid movements, and which are programmed to change messages no more frequently than once every three (3) seconds shall also be allowed as exempt signs for public, charitable or religious institutions. (o) Sponsorship Signs. One (1) sponsorship sign per business noting a business, which sponsors and contributes to the sports activities upon public premises, not to exceed thirty-six (36) square feet in area, per site shall be permitted for a period not to exceed ninety (90) days preceding the event or season. Such sign shall be removed within fifteen (15) days after the event or season.
(p) Transit Signs. Bus stop flags and blades, passenger information, shelter, and bus stop bench advertisement displays as permitted by the Transit Advertising Policy. (q) Warning Signs. Non-commercial warning signs or no trespassing signs on private property posted no closer than one-hundred (100) feet apart nor exceeding two (2) square feet in area per sign.
305.06 Prohibited Signs
The following types of signs and devices are specifically prohibited:
(a) Animated, Flashing or Moving Signs. Signs that incorporate, flashing, moving, rotating, pulsating or intermittent lighting, with the exception of changeable copy Series 300: Additional Use and Development Regulations
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message center display signs and barber poles, except as allowed elsewhere in this chapter. Any sign that, because of brilliant lighting, interferes with the enjoyment of surrounding residential property or interferes with traffic, vehicular or pedestrian, is prohibited.
(b) Balloons, Banners, Streamers and Pennants. Signs, balloons, banners, pennants, or any other advertising display constructed of cloth, canvas, light fabric, paper, cardboard, wallboard or other light materials, except awnings or as allowed for Automobile/Vehicle Sales and Leasing establishments, or in Section 305.11, Temporary Signs.
(c) Billboards. Any sign directing attention to a business, service, or product that is not conducted, sold, produced, or offered by any use on the same lot, or which identifies by brand name a product which, although sold on the premises, does not constitute one (1) of the principal items for sale on the premises unless otherwise provided by the California Outdoor Advertising Act (Business and Professions Code Sections 5200 – 5486, inclusive).
(d) Emissions. Signs that produce noise in excess of forty (40) decibels, excluding voice units at drive-through facilities, and signs that emit odor or visible smoke, vapor or particles.
(e) Fence Signs. Signs attached or painted on fences or freestanding walls that are not part of a building, except for subdivision entry signs as allowed in Section 305.08 (b).
(f) Obscenities. Signs that depict, describe or relate to “specified sexual activities” or “specified anatomical areas” as defined in Chapter 700, Terms and Definitions. (g) Obstructions to Exits. Signs erected, constructed or maintained which obstruct any firefighting equipment, fire escape, required exit or door opening intended as a means of egress, unless approved by the Fire Marshal.
(h) Obstructions to Driver Visibility. Signs in corner cut-offs and lines of sight in accordance with the provisions of Section 300.16, Visibility at Driveways and Intersections.
(i) Obstructions to Ventilation. Signs that interfere with any opening required for ventilation.
(j) Portable Signs. Signs not permanently attached to, mounted upon or affixed to a building, structure or the ground, except as otherwise provided herein. (k) Posters. Posters of a temporary character that are tacked, painted, pasted or otherwise placed or affixed and made visible from a public way, on the walls of buildings, on barns, sheds, trees, fences, utility poles or other structures, sidewalks or patios, except as otherwise provided in this chapter. This section excludes signs placed in windows per Section 305.10 (e).
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(l) Roof Signs. Signs erected or painted upon, over or above the roof of a building or structure, or any sign affixed to the wall of a building so that it projects above the ridge line or top of parapet, except as allowed in this chapter.
FIGURE 305.06(L): ROOF SIGNS
(m) Signs Creating Traffic Hazards. Signs that simulate in color, size or design any traffic control sign, signal or device, or that make use of words, symbols or characters in a manner that interferes with, misleads or confuses pedestrian or vehicular traffic. No sign, light or advertising structure shall be located in such a manner as to constitute a hazard to pedestrian or vehicular traffic, or in such a manner as to obstruct free and clear vision, at any location where, by reason of the position, shape, color or movement may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device. (n) Vehicle Displays. Signs placed or displayed on vehicles parked in a conspicuous location with the primary purpose of on-site or off-site advertising of a commercial product or service, with the exception of vehicle identification signs. 305.07 General Standards
This section establishes general physical standards and requirements. More detailed standards applicable to specific sign types (e.g. wall signs, awning signs) are in Section 305.10, Standards for Specific Sign Types. In addition to these general standards, all signs shall conform to the specifications of Municipal Code Chapter 3, Advertising and Signs. (a) Maximum Allowable Sign Area. All signs shall conform to the maximum area requirements specified in Table 305.09, unless a different limit is approved under a Master Sign Program.
(b) Measuring Sign Area. Sign area includes the entire face of a framed sign, but does not include the supporting structure. Individual letters attached to a building shall be measured by the area enclosed by a continuous line outlining the perimeter of the words, emblems, and logos.
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FIGURE 305.07(B): MEASURING SIGN AREA
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(1) Double-Faced Signs. For double-faced signs, only one (1) side shall be counted as the total area. Where the faces are not equal in size, the larger sign face shall be used as the basis for calculating sign area. (2) Multi-faced Signs. The sign area of signs with three (3) or more sign faces shall be calculated as the sum of two (2) sign faces. Where the faces are not equal in size, the larger sign faces shall be used as the basis for calculating sign area.
(3) Three-dimensional Signs. Signs that consist of, or have attached to them, one (1) or more three-dimensional objects (i.e. balls, cubes, clusters of objects, sculpture, or statue-like trademarks), shall have a sign area of the sum of two (2) adjacent sides or sign faces.
FIGURE 305.07(B)(3): THREE-DIMENSIONAL SIGNS
(c) Abandoned Signs. Any sign, including its supporting structure, which no longer identifies the current occupant after a lapse of ninety (90) days, shall be deemed an abandoned sign and shall be removed by the owner of the property on which it is located. When a wall sign is removed, the wall behind the sign shall be repaired and painted to match the rest of the building wall. Any signs not removed or made blank within this time shall be removed pursuant to the removal procedures set forth in this chapter.
(d) Building Frontage. Building frontage shall be considered the wall of a building that faces and is roughly parallel with a public street, excluding an alley. The linear dimension of that building frontage shall be used to calculate allowable signage.
Buildings with walls facing more than one public street shall be allowed signage for each building frontage in accordance with Table 305.09. Buildings located on interior lots (not on a corner) and that are oriented perpendicular to a public street shall be allowed signage based on the longer of the front or side building elevation.
All, or a percentage, of the allowable sign area may be transferred to the other building elevations provided the sign area on any wall shall not exceed the maximum allowable for that wall in accordance with Table 305.09. For buildings that have no public street frontage, building frontage shall be determined by the Zoning Administrator.
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(e) Changeable Copy. Changeable copy shall cover no more than forty (40) percent of the total sign allowance for manually changeable signs. For electronic message center signs with copy that can be changed or altered by electric, electromechanical, electronic, or any other artificial energy means, the changeable portion of the sign shall cover no more than forty (40) percent of the total sign allowance.
The following uses are exempt from this restriction: religious institutions, cinemas, government or civic signs, gas price signs at gas stations, indoor theaters, schools, and colleges.
(f) Clearance from Utilities. Signs and their supporting structures shall maintain clearance from and not interfere with electrical conductors, communications equipment or lines, surface and underground facilities and conduits for water, sewage, gas, electricity and communications equipment or lines. Signs shall not be placed in public utility easements unless express written permission from the affected public utility is obtained.
(g) Construction and Maintenance
(1) Unless exempt, signs and supporting structures shall be installed in accordance with the latest adopted Building Code.
(2) All signs, together with all supporting structures, shall be maintained in the following manner:
a. Signs shall be kept free of rust, dirt and chipped, cracked or peeling paint.
b. All hanging, dangling, torn or frayed parts of signs shall be promptly repaired, and graffiti and unauthorized attachments shall be removed. c. Failed, damaged, or blinking illumination shall be promptly replaced. d. Sign areas shall be kept free and clear of all noxious substances, rubbish and weeds.
e. Discolored or faded panels on plastic faces shall be restored to their original condition and color.
(h) Encroachment into Public Street or Sidewalk. Any sign projecting into a public right of way requires an encroachment agreement approved by the City Engineer. (i) Illumination. Channel letters, internally illuminated signs and neon signs are permitted. Bare bulbs visible from the public right of way are prohibited. On signs with external illumination, lights shall be provided with proper reflectors to concentrate the illumination on the area of the sign to prevent glare on the street or adjacent properties. All sign illumination shall adhere to the performance standards for lighting and glare in Chapter 306, Performance Standards. (j) Materials. Paper, cardboard, untreated plywood and other materials subject to rapid deterioration shall be limited to signs displayed for no more than (30) days Porterville Development Ordinance
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305.08 Sign Standards for Residential Districts
(a) Religious facilities, multi-family residential projects, schools, civic uses and other nonresidential uses in R districts are allowed one (1) building-mounted sign and one (1) monument sign with a maximum cumulative sign area of thirty-two (32) square feet.
(b) Residential subdivisions are allowed one (1) monument sign or wall sign per street frontage for entry into the subdivision. Each sign shall not exceed a maximum size of thirty-two (32) square feet.
305.09 Sign Standards for Non-Residential Districts
Signage in non-residential districts shall comply with the standards in Table 305.09 unless a different sign area allowed for a specific use is described elsewhere in this code.
Buildings without clearly defined tenant space frontage shall share total sign area allowed per building as determined in Table 305.09. All properties in non-residential districts shall be allowed a minimum sign area of twenty (20) square feet.
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Table 305.09: SIGN AREA AND SIGN STANDARDS FOR
SPECIFIC SIGN TYPES AND ZONING DISTRICTS
Zoning
Districts
(Frontage)
Sign Area Allowed (Sq. Ft.
Per 1 Linear Ft. Of Building
Frontage)
Permitted Sign
Types
DR-N, D-MX 2 Awning and canopy
Marquee
Projecting
Wall
Window
D-PO 2 Awning and canopy
Projecting
Monument
Window
D-PS 2 Awning and canopy
Marquee
Monument
Projecting
Wall
Window
DR-D, DR-S 2 Awning and canopy
Marquee
Projecting
Wall
Window
D-GC 2 Awning and canopy
Marquee
Monument
Projecting
Wall
Window
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Table 305.09: SIGN AREA AND SIGN STANDARDS FOR
SPECIFIC SIGN TYPES AND ZONING DISTRICTS
Zoning
Districts
(Frontage)
Sign Area Allowed (Sq. Ft.
Per 1 Linear Ft. Of Building
Frontage)
Permitted Sign
Types
CMX, CN,
PO
1.5 Awning and canopy
Marquee
Monument
Freestanding
Projecting
Wall
Window
CG, CR 3 Awning and canopy
Marquee
Monument
Freestanding
Projecting
Wall
Window
IP, IG, IA 2 Awning and canopy
Marquee
Monument
Freestanding
Projecting
Wall
Window
REC, PK,
PS
2 Awning and canopy
Monument
Freestanding
Projecting
Wall
305.10 Standards for Specific Types of Signs
(a) Awning and Canopy Signs. Signs painted on awnings, canopies, arcades, or similar attachments or structures are allowed. Awning and canopy signs are subject to the specific zoning district standards and the following standards:
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(1) Maximum Sign Area Per Awning or Canopy Sign:
a. Downtown, CMX, and CN districts: twenty-four (24) square feet b. CG, CR, and Employment districts: sixty (60) square feet (2) Sign Clearance. Minimum of eight (8) feet.
(3) Height Limit. Twenty-five (25) feet.
(4) Number of Signs. Four (4) maximum per building façade, which includes any wall signs.
(b) Marquee Signs. A sign permanently affixed to a marquee is allowed in conjunction with theaters, museums, galleries, and similar uses. Removable copy may be changed on the face of permitted marquee signs without securing a permit. Marquee signs are subject to the specific zoning district standards and the following standards:
(1) Maximum Number of Signs: One (1) marquee sign per site. (2) Maximum Sign Area Per Sign: One and one-half (1.5) square feet per linear foot of building frontage.
(3) Sign Clearance. Minimum of eight (8) feet.
FIGURE 305.09(B): MARQUEE SIGNS
(c) Projecting Signs. Signs under canopies or covers in conjunction with pedestrian walkways, or signs projecting from the building wall are allowed, subject to the specific zoning district standards and the following standards:
(1) Maximum Number of Signs: One (1) projecting sign per building façade or tenant space frontage.
(2) Maximum Sign Area Per Sign: Sixteen (16) square feet; except the maximum sign area per sign is eight (8) square feet when the sign is located under a canopy or awning.
(3) Sign Clearance. Minimum of eight (8) feet.
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(4) Height. A projecting sign shall be erected in such a manner as not to create a traffic hazard to vehicles or pedestrians. Projecting signs shall not extend higher than twenty (20) feet above ground level or above an eave or roof, whichever is lower.
(5) Projection
a. A projecting sign cannot extend more than three (3) feet from the building to which it is attached.
b. An under-canopy sign, attached to and hanging from an awning or canopy shall be located completely under the canopy or awning and shall not project beyond its edge. An under-canopy sign shall not count towards the sign area allowed.
FIGURE 305.10(C): PROJECTING OR UNDER-CANOPY SIGNS
(d) Wall Signs. Wall signs include any sign attached to, erected against or painted upon the wall of a building or structure, the face of which is in a single plane parallel to the plane of the wall. Wall signs also include signs on a parapet or mansard roof.
Wall signs attached to the fascia shall be channel letters and shall be architecturally consistent with other signage in the development. No wall sign may cover wholly or partially any required wall opening. Wall signs are also subject to the specific zoning district standards and the following standards:
(1) Maximum Number of Signs. Four (4) maximum per building façade or tenant space frontage, which includes any awning or canopy signs. (2) Maximum Sign Area Per Sign: Three hundred (300) square feet.
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(3) Height. Wall signs shall not be mounted or placed higher than the second story and shall not extend higher than the building wall upon which they are attached.
(4) Coverage. Wall sign copy shall not occupy more than seventy-five (75) percent of the length of the wall to which the sign is attached. (5) Projection. Wall signs cannot extend more than twelve (12) inches beyond the face of the wall to which they are attached.
(6) Design. Wall signs shall be oriented to achieve balance composition and harmony with other architectural elements of a building façade. (e) Window Signs. Window signs painted or otherwise adhered directly onto a window are exempt from the permit requirements of this chapter and do not count towards the total sign area limit for a site, but are subject to the specific zoning district standards and the following standards:
(1) Coverage. Window signs shall cover no more than fifty (50) percent of the total glass window area along each building façade.
(2) Height. Window signs shall not be mounted or placed on windows higher than the second story.
(f) Monument Signs. Freestanding signs erected on the ground or on a monument base designed as an architectural unit are allowed, subject to the specific zoning district standards and the following standards:
(1) Maximum Number of Signs. One (1) monument sign per frontage per site. (2) Maximum Sign Area Per Sign:
a. D-PO, D-PS, D-GC, CMX, and CN districts: thirty-two (32) square feet.
b. CG, CR, and Employment districts: sixty (60) square feet c. PS, REC and PK districts: thirty-two (32) square feet. (3) Height. A maximum of seven (7) feet.
(4) Landscaping. All monument signs shall require automatic irrigated landscaping at the base equivalent to the area of the sign copy.
FIGURE 305.10(F): MONUMENT SIGNS
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(g) FreestandingSigns. Freestanding signs are allowed subject to the specific zoning district standards and the following standards:
(1) Maximum Number of Signs: One (1) freestanding sign per site. (2) Allowable Sign Area Per Sign. The area of any freestanding sign shall be included in the maximum allowed sign area per Table 305.09. (3) Architectural Treatment. Freestanding signs shall be architecturally compatible in style, finish and color with the adjacent building or development. Structural supports, poles, angle bars, iron pipes, I-beams or similar structural members shall be architecturally encased with finished metal cladding, stucco, or similar material at least one foot in diameter, subject to approval by the Zoning Administrator as to proportion and architectural compatibility.
(4) Landscaping. Freestanding signs shall be placed within a landscaped planter with at least twenty-four (24) square feet of planting area. As a condition of any permit for a pole sign, additional landscaping of the property may be required where needed to better integrate sign appearance with the site through scale and softening effects.
(5) Height
a. A maximum of twenty (20) feet; thirty-five (35) feet within five hundred (500) feet of a freeway right of way. Pole signs shall have a minimum clearance of fourteen (14) feet over parking lots and driveways, and eight (8) feet over interior pedestrian walkways. b. A maximum of twelve (12) feet in the CMX, CN and PO zone districts.
(6) Projection. Freestanding signs shall not project beyond the property line.
FIGURE 305.10(G): FREESTANDING SIGNS
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(h) Other Sign Types
(1) Center Identification Signs. Center identification signs may be erected in the Commercial and Employment districts, subject to the following limitations:
a. Allowable Areas. The center shall consist of a commercial or industrial development with an integrated site and design plan creating a single unified development with three (3) or more uses. b. Area Not Counted. The area of the sign shall not count towards the sign area allowed for the individual tenant space or building on the lot.
c. Sign Area Allowed. The maximum sign area may be no more than one (1) square foot for each linear foot of street frontage, but in no case shall the total sign area exceed two hundred (200) square feet. If more than one (1) entrance to the lot exists, the maximum sign area permitted will be divided among the number of entryways and signs requested.
d. Sign Height. The maximum sign height shall not exceed twenty (20) feet in the CMX, CN and PO zone districts; thirty-five (35) feet in all other Commercial and Employment zone districts.
e. Sign Base. The sign base is to be located within a planter box or planting area at least twenty-four (24) square feet in area and the design and location is to be approved by the Zoning Administrator. (2) A-Frame/Sandwich Board Signs. Temporary, portable A-frame or sandwich board signs may be erected in all nonresidential zone districts, subject to the following limitations:
a. Area Not Counted. The area of the sign shall not count towards the permissible sign area of the individual lot.
b. Maximum Number of Signs. One (1) A-frame/sandwich board sign per tenant space.
c. Maximum Sign Area. The total sign area shall not exceed a maximum of six (6) square feet per side.
d. Location. Such sign may encroach into the right of way up to two (2) feet from the property line provided there remains a five (5) foot wide walkable area when the sign is in place.
e. Removal. Such sign is to be removed during non-operational hours. 305.11 Temporary Signs
The following types of temporary signs are permitted, provided that they conform to the standards of this section:
(a) Commercial Banners, Handheld Signs, Portable Signs and Inflatable Signs:
Banners, handheld signs, portable signs and other similar temporary advertising devices shall be prohibited, except for business openings, special events, Porterville Development Ordinance
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promotional events and signs advertising a subdivision being developed in the City and are subject to the following:
(1) A temporary sign permit shall be secured prior to the installation or display of any such sign. Issuance of a temporary sign permit may be contingent upon the overall permissible area available for temporary signs within a geographic area as identified in subsection (a)(6) of this section. In addition, the application would be reviewed in light of other temporary sign permit applications submitted for the same area, which may put such signs in conflict with subsection (a)(6) of this section.
(2) A temporary sign permit shall be granted for any one business or building for a period of three (3) calendar months. A temporary sign permit shall authorize the business to display a banner, handheld sign, portable sign or inflatable sign for the duration of the sign permit. A maximum of two (2) such signs may be permitted with a single application.
(3) No more than one temporary sign permit shall be in effect simultaneously for any business.
(4) Each business shall be limited to a maximum of four (4) temporary sign permits in any calendar year. A temporary sign is not intended to be in lieu of a permanent sign. A temporary sign permit shall not be permitted longer than one (1) year before a permanent sign is installed. (5) Each business shall be limited to a maximum of one temporary sign permit for the purpose of advertising a “going out of business sale,” or the equivalent in any calendar year.
(6) Unless otherwise authorized by a master sign program, freestanding temporary signs for multiple tenants of any one building, shopping center, office complex, or unified development shall be separated by a minimum of one hundred (100) feet.
(7) All banners, regardless of their ratio allowance of signage to linear building frontage, shall not exceed forty (40) square feet in size. (8) A-frame signs are not considered temporary and as such do not apply to this section.
(9) No temporary sign shall be mounted on or above roofs or mansards or otherwise extend above a parapet wall or ridge line of a structure. (b) Non-commercial Message Signs on Residential Uses. On residential uses, nonilluminated temporary signs displaying non-commercial messages, with the size restrictions as specified in (c) below may be displayed at any time. However, during the period of time beginning sixty (60) days before a general, special, primary or runoff election, and ending fifteen (15) days after such election, the amount of display area may be doubled. Flags do not count toward the signage allowed under this provision.
(c) Non-commercial Message Signs on Commercial, Business, Industrial and Manufacturing Uses. On commercial, business, industrial, and manufacturing uses, non-illuminated temporary signs displaying non-commercial messages, with Series 300: Additional Use and Development Regulations
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the size as specified below, may be displayed at any time. However, during the period of time beginning sixty (60) days before a general, special, primary, or runoff election, and ending fifteen (15) days after such election, the amount of display area may be doubled. Flags do not count toward the signage allowed under this provision.
(1) Permission Required. Such temporary signs may be erected or placed on private property or in the public right of way provided that the permission of the legal owner, or in the case of public right of way the owner or tenant of that property immediately adjacent to the public right of way where the sign is placed, is first obtained. Said signs shall not require a sign permit. (2) Prohibited Locations
a. Any location that would constitute a hazard to vehicular and pedestrian traffic.
b. Attached to any pole or structure supporting a traffic control sign or device, street tree or fire hydrant.
c. Placement within or on a roadway or on the sidewalk. d. Within the public right-of-way abutting any public property including parklands or within City maintained landscaped parkways within public right of way.
(3) Size Limitations in a Residential Zone District. The following size limitations apply:
a. Four (4) square feet when located on private property with frontage on a local street as designated in the General Plan.
b. Eight (8) square feet when located on private property with frontage on an Arterial or Collector Street as designated in the General Plan. (4) Size Limitations in a Non-Residential Zone District. The following size limitations apply:
a. Sixteen (16) square feet when located on private property. b. Four (4) square feet when located within the public right of way. (5) Violations. Violation to any of the above regulatory conditions shall be deemed a public nuisance and may be summarily abated as such; and each day that such violation continues shall be regarded as a new and separate offense.
(d) Subdivision Signs. Signs advertising a subdivision being developed in the City are subject to the following requirements:
(1) On-Site Signs. One (1) sign per street frontage with a maximum of three (3) temporary real estate subdivision signs may be permitted on the subdivision site in accordance with the following:
a. Maximum Sign Area. The maximum sign area may be no more than one hundred (100) square feet (total of all signs).
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b. Height. A maximum of ten (10) feet
c. Duration. Subdivision signs shall be removed twenty-four (24) months from the date the permit for same is issued, or when the last lot of the subdivision has been sold for the first time. d. Letter of Agreement. A Letter of Agreement from the property owners giving the City right of entry to remove signs in the event the above stipulations are not complied with shall be submitted to the Zoning Administrator prior to the issuance of a sign permit. If at any time the property on which the signs are located is sold, the signs shall be removed, or a new Letter of Agreement shall be submitted from the buyer to permit the signs to remain and granting the City right to enter the property and remove the signs.
(2) Off-Site Signs. Up to four (4) off-site directional real estate subdivision signs directing traffic to open houses and subdivisions involved in real estate sales may be permitted in any zone, provided that:
a. Maximum Sign Area. The maximum sign area per sign may be no more than thirty-two (32) square feet.
b. Height. A maximum twelve (12) feet.
c. Duration. Said signs and advertising structures shall be removed twenty-four (24) months from the date the permit for same is issued, or when the last lot of the subdivision has been sold for the first time. d. Consent of Landowner. A completed application form, including a notarized affidavit signed by each property owner of each site is required prior to issuance of a sign permit.
305.12 Permits Required; Review Process
(a) Authority. Unless otherwise stated, the Zoning Administrator shall review and approve all signs as specified in this chapter.
(b) Applicability. Except for certain signs exempted in compliance with Section 305.05, Exempt Signs, no sign shall be erected, re-erected, constructed or altered (excluding change of copy on a can or cabinet sign) without Zoning Administrator approval and a building permit is issued by the Building Division. (c) Applications for Filing, Processing and Review
(1) Applicant. Sign owners or their designees shall apply for Building Permits for signs that require them.
(2) Filing and Filing Fee. Application for such permits shall be made upon forms furnished by the Zoning Administrator and accompanied by the required fee and working drawings adequate to show the location, construction and design, including colors, materials, lighting, electrical elements, and advertising copy, of the sign in accordance with applicable sign design guidelines and the linear footage of building frontage owned or leased by the business
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(3) Compliance with Standards.
a. Upon acceptance of a sign application, the Zoning Administrator shall review the request for compliance with the locational and operational standards identified in this chapter, and with any standards established in a Master Sign Program pursuant to Section 305.13, Master Sign Program.
b. The Zoning Administrator’s decision shall clearly state any conditions of approval or reasons for disapproval and applicable appeal provisions.
(d) Appeals. Decisions by the Zoning Administrator may be appealed subject to the provisions of Chapter 612, Appeals.
305.13 Master Sign Program
(a) Purpose. The purpose of a Master Sign Program is to provide a method for an applicant to integrate the design and placement of signs within a project with the overall development design to achieve a more unified appearance. It is not the intent of this section to be used solely to request relief from the sign regulations in order to circumvent any requirements or purpose of this chapter. (b) Applicability. A Master Sign Program may be processed for any development.
However, shown below are examples of when a Master Sign Program may be most appropriate:
(1) Nonresidential developments of three (3) or more separate tenants that share either the same parcel or structure and use common access and parking facilities (e.g., shopping centers, malls, office complexes and industrial parks); or
(2) Developments with multiple structures with limited frontage or no frontage on a public street; or
(3) Businesses conducted primarily outside of a building; or (4) New multi-family residential developments of one hundred (100) or more units, or
(5) Other developments where the strict application of the sign code unduly restricts the allowable signage that can be located on the parcel. (c) Application. Master Sign Program applications shall contain all written and graphic information needed to fully describe the proposed sign program, including the proposed location and dimension of each sign, as well as proposed color schemes, font types, materials, methods of attachment or support, and methods of illumination. A Master Sign Program application shall also include calculation of total allowed sign area, and total proposed sign area, for the site. (d) Allowable Modifications. A Master Sign Program may provide for additional sign area and other deviations from the standards of this chapter, provided that the Porterville Development Ordinance
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Master Sign Program is consistent with the sections on design principles and general standards.
(e) Review Authority. All Master Sign Programs are subject to review and approval of the Zoning Administrator, unless the signs are associated with a project that requires City Council review and approval; then the City Council shall review and approve it as part of the overall project approval.
(f) Required Findings. In order to approve a Master Sign Program, the decisionmaking body shall find that all of the following are met, in addition to other applicable regulations in this section:
(1) The proposed signs are compatible in style and character with any building to which the signs are to be attached, any surrounding structures and any adjoining signage on the site;
(2) Future tenants will be provided with adequate opportunities to construct, erect or maintain a sign for identification;
(3) Directional signage and building addressing is adequate for pedestrian and vehicular circulation and emergency vehicle access; and (4) Use of the Master Sign Program provides a more desirable functional and aesthetic appearance than would otherwise be provided by standard code requirements.
(g) Lessees to Be Informed of Master Sign Program. Lessees within developments subject to the requirements of an approved Master Sign Program shall be made aware of the Master Sign Program in their lease.
(h) Revisions to Master Sign Programs. Revisions to an approved Master Sign Program shall be approved by the Zoning Administrator.
305.14 Nonconforming Signs
(a) All legal nonconforming signs are permitted to remain unless they are subject to a permit condition or development agreement providing for their removal after a fixed period of time.
(b) Any changes to legal nonconforming signs or their structures in terms of location, orientation, size, or height other than routine maintenance and repair or change of sign copy shall require the signs to be brought into conformance with this chapter. (c) A legal nonconforming sign loses its legal nonconforming status when the activity, product, business, service, or other use which was being advertised has ceased or vacated the premises for one hundred eighty (180) days, at which time it shall be considered an abandoned sign, subject to the requirements of Section 305.07(c), Abandoned Signs.
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305.15 Abatement and Removal of Illegal Signs
(a) Authority to Abate. The City has the authority to abate illegal and abandoned signs.
(b) Illegal Signs in the Public Right-of-Way. Illegal signs posted in the public rightof-way or upon public property may be removed by the Zoning Administrator or officer without notice or hearing. Signs shall be retained by the City for a period of not less than thirty (30) days if identifiable. Thereafter, any unclaimed signs may be discarded.
(c) Recovery of Costs. When the City is required to remove illegal or abandoned signs in compliance with this chapter, the reasonable cost of the removal may be assessed against the owner of the sign(s).
(d) Sign Removal
(1) Any sign, including its supporting structure, which no longer identifies the current occupant or products currently sold, or which otherwise fails to serve its original purpose, or is not maintained in a safe, presentable, and good condition, including the replacement of defective parts, painting, repainting, and cleaning, shall be removed by the owner of the property within 30 calendar days after written notice to do so from the Building Division. (2) Any sign which the Building Division establishes as unsafe or unsecure shall be corrected or removed, together with all supporting structures, by the owner of the property upon which the sign is located within thirty (30) days after written notice by the Building Division.
(3) Such notice shall state the location of the sign, the nature of the violation, and/or the manner in which the sign constitutes a public nuisance. The notice also shall require the removal or other abatement of the sign before the date specified in the notice. Further, the notice shall state that failure to comply may result in the removal of the sign by the City and that the cost of such removal may be imposed on the owner of the property. The notice shall also include instructions for the filing of an appeal of the determination of the Zoning Administrator that the sign is in violation of this chapter or constitutes a public nuisance. Such notice shall be served by posting on the property on which the sign is located and by registered or certified mail delivery, postage prepaid to the owner of the property, and, if known, the owner of the sign.
(4) After the periods specified in paragraphs (1) and (2) above, the Building Division may cause such sign to be removed, and the cost of such removal shall become a lien against the property.
(5) If a hazardous condition exists, the condition shall be corrected forthwith upon notice by the Building Division.
If an appeal is received prior to the date specified in the notice, abatement proceedings shall be suspended, and any deadlines shall be suspended, pending the outcome of such appeal.
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Chapter 306 Performance Standards
Sections:
306.01 Purpose
306.02 Applicability
306.03 General Standard
306.04 Location of Measurement for Determining Compliance 306.05 Noise
306.06 Vibration
306.07 Lighting and Glare
306.08 Maintenance
306.09 Odors
306.10 Heat and Humidity
306.11 Air Contaminants
306.12 Liquid or Solid Wastes
306.13 Fire and Explosive Hazards
306.14 Hazardous and Extremely Hazardous Materials
306.15 Electromagnetic Interference
306.16 Radioactivity
306.01 Purpose
The specific purposes of this chapter are to:
(a) Establish permissible limits and permit objective measurement of nuisances, hazards, and objectionable conditions;
(b) Ensure that all uses will provide necessary control measures to protect the community from nuisances, hazards, and objectionable conditions; and (c) Protect any industry from arbitrary exclusion.
306.02 Applicability
The requirements in this chapter apply to all land uses in all zoning districts, unless otherwise specified.
306.03 General Standard
Land or buildings shall not be used or occupied in a manner creating dangerous, injurious, or noxious fire, explosive or other hazard; noise, vibration, smoke, dust, odor, or form of air pollution; heat, cold, dampness, electrical or other disturbance; glare, refuse, or wastes; or other substances, conditions or elements which would substantially affect the surrounding area in an adverse manner.
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306.04 Location of Measurement for Determining Compliance Measurements necessary for determining compliance with the standards of this chapter shall be taken at the lot line of the establishment or use that is the source of a potentially objectionable condition, hazard, or nuisance.
306.05 Noise
(a) General Requirements. No use may generate noise that is in violation of the City’s Noise Standards contained in Chapter 18, Article IX, of the Porterville Municipal Code or other standards as may be adopted by the City Council. (b) Acoustic Study. An acoustic study shall be required for any proposed project which could create or be subject to a noise exposure greater than that deemed “normally acceptable” by the General Plan.
(c) Noise Attenuation Measures. Noise attenuation measures necessary to reduce noise impacts to acceptable levels to the extent feasible may be required to be incorporated into a project in accordance with the following:
(1) All new residential development shall achieve interior noise level reductions through sound insulation and other measures to meet the General Plan land use compatibility standards by acoustical design and construction of the structure and building elements.
(2) New dwelling units exposed to an exterior DNL above sixty-five (65) dB shall incorporate the following noise reduction measures:
a. All facades shall be constructed with substantial weight and insulation;
b. Sound-rated windows providing noise reduction performance similar to that of the façade shall be included for all exterior entries; c. Acoustic baffling of vents is required for chimneys, fans, and gable ends; and
d. Installation of a mechanical ventilation system affording comfort under closed window conditions.
(3) Sound walls or other attenuation measures designed to reduce noise by a minimum of ten (10) dB in residential areas adjacent to State highways when additional lanes are added or when new residential development or sensitive receptors would be exposed to noise above sixty-five (65) dB. (4) Other measures identified in an acoustic study conducted for the proposed project as necessary to reduce noise levels to “normally acceptable” levels. 306.06 Vibration
No vibration shall be produced that is discernible without the aid of instruments by a reasonable person at the lot lines of the site. Vibrations from temporary construction, demolition, and vehicles that enter and leave the subject parcel (e.g. construction equipment, trains, trucks, etc.) are exempt from this standard.
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306.07 Lighting and Glare
Activities, processes, and uses shall be operated in compliance with the following provisions:
(a) Mechanical or Chemical Processes. Light or glare from mechanical or chemical processes, high-temperature processes such as combustion or welding, or from reflective materials on buildings or used or stored on a site, shall be shielded or modified to prevent casting of adverse light or glare onto other properties. (b) Lighting. Lights shall be placed to deflect light away from adjacent properties and public streets, and to prevent adverse interference with the normal operation or enjoyment of surrounding properties. Direct or sky-reflected glare from floodlights shall not be directed into any other property or street. Except for public street lights, no light or combination of lights, or activity shall cast light on a public street exceeding one (1) foot-candle as measured from the centerline of the street. No light, combination of lights, or activity shall cast light onto a residentially zoned property, or any property containing residential uses, exceeding one-half footcandle. Refer to Section 300.07 Lighting and Illumination and Section 304.10(g) Parking Lot Lighting for additional lighting standards required by this code. (c) Glare. No use shall be operated such that significant, direct glare, incidental to the operation of the use is visible beyond the boundaries of the lot where the use is located.
306.08 Maintenance
Sites and facilities shall be maintained free of refuse, debris, or other accumulated matter and shall be kept in good repair at all times.
(a) Walls. Walls shall be maintained in good repair, including painting, if required, and shall be kept free of graffiti, litter, or advertising. Where hedges are used as screening, trimming or pruning shall be employed as necessary to maintain the maximum allowed height.
(b) Signs. Every sign displayed within the city, including exempt signs, shall be maintained in good physical condition. All defective or broken parts shall be replaced. Exposed surfaces shall be kept clean, in good repair, free from graffiti, and painted where paint is required. The Zoning Administrator may order the repair or removal of any sign determined by the City to be unsafe, defective, damaged, or substantially deteriorated.
(c) Landscaping. All planting and other landscape elements shall be permanently maintained in good growing condition. Such maintenance shall include, where appropriate, pruning, mowing, weeding, cleaning, fertilizing, and regular watering.
Wherever necessary, plantings shall be replaced with other plant materials to insure continued compliance with applicable landscaping requirements. (d) Trees. Trees shall be maintained by property owners to be free from physical damage or injury arising from lack of water, chemical damage, accidents, Porterville Development Ordinance
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vandalism, insects and disease. Any tree showing significant damage shall be replaced with another tree.
(e) Parking Lots. Parking lots, including landscaped areas, driveways, and loading areas, shall be maintained free of refuse, debris, or other accumulated matter and shall be kept in good repair at all times.
306.09 Odors
No use, process, or activity shall produce objectionable odors that are perceptible without instruments by a reasonable person at the lot lines of a site. 306.10 Heat and Humidity
Uses, activities, and processes shall not produce any emissions of heat or humidity that cause distress, physical discomfort, or injury to a reasonable person, or interfere with ability to perform work tasks or conduct other customary activities. In no case shall heat emitted by a use cause a temperature increase in excess of five (5) degrees Fahrenheit on another property.
306.11 Air Contaminants
Uses, activities, and processes shall not operate in a manner that emits excessive dust, fumes, smoke, or particulate matter.
(a) Compliance. Sources of air pollution shall comply with rules identified by the Environmental Protection Agency (Code of Federal Regulations, Title 40), the California Air Resources Board, and the San Joaquin Valley Air Pollution Control District (SJVAPCD).
(b) SJVAPCD Permit. Operators of activities, processes, or uses that require “approval to operate” from the SJVAPCD, shall file a copy of the permit with the Planning Division within thirty (30) days of permit approval.
306.12 Liquid or Solid Wastes
(a) Discharges to Water or Sewers. Liquids and solids of any kind shall not be discharged, whether directly or indirectly, into a public or private body of water, sewage system, watercourse, or into the ground, except in compliance with applicable regulations of the California Regional Water Quality Control Board (California Administrative Code, Title 23, Chapter 3 and California Water Code, Division.)
(b) Solid Wastes. Solid wastes shall be handled and stored so as to prevent nuisances, health, safety and fire hazards, and to facilitate recycling. There shall be no accumulation outdoors of solid wastes conducive to the breeding of rodents or insects, unless stored in closed containers.
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306.13 Fire and Explosive Hazards
All activities, processes and uses involving the use of, or storage of, flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion. Firefighting and fire suppression equipment and devices standard in industry shall be approved by the Fire Department. All incineration is prohibited with the exception of those substances such as, but not limited to, chemicals, insecticides, hospital materials and waste products, required by law to be disposed of by burning, and those instances wherein the Fire Department deems it a practical necessity. 306.14 Hazardous and Extremely Hazardous Materials
The use, handling, storage and transportation of hazardous and extremely hazardous materials shall comply with the provisions of the California Hazardous Materials Regulations and the California Fire and Building Code, as well as the laws and regulations of the California Department of Toxic Substances Control and the County Environmental Health Agency. Activities, processes, and uses shall not generate or emit any fissionable or radioactive materials into the atmosphere, a sewage system or onto the ground. 306.15 Electromagnetic Interference
No use, activity or process shall cause electromagnetic interference with normal radio and television reception in any R district, or with the function of other electronic equipment beyond the lot line of the site in which it is situated. All uses, activities and processes shall comply with applicable Federal Communications Commission regulations. 306.16 Radioactivity
No radiation of any kind shall be emitted that is dangerous to humans.
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Chapter 307 Nonconforming Uses, Structures, and Lots
Sections:
307.01 Purpose
307.02 Applicability
307.03 Establishment of Legal Nonconforming Uses and Structures 307.04 Continuation and Maintenance of Nonconforming Structures 307.05 Alterations and Enlargements to Nonconforming Structures 307.06 Classification of Nonconforming Uses
307.07 Changes and Substitutions of Nonconforming Uses
307.08 Restoration of Damaged Nonconforming Structures
307.09 Correction of Nonconforming Site Features
307.10 Abandonment of Nonconforming Uses
307.01 Purpose
The specific purpose of this chapter is to permit continuation of uses and continued occupancy and maintenance of structures that were legally established but do not comply with all of the standards and requirements of this Ordinance in a manner that does not impair public health, safety, and general welfare.
307.02 Applicability
These provisions apply to structures, land and uses that have become nonconforming by operation of this Ordinance and that remain in a nonconforming status by application of this chapter, as well as structures, land, and uses that hereafter become nonconforming due to annexation to the City or amendments to the zoning map or development Ordinance text. 307.03 Establishment of Legal Nonconforming Uses and Structures (a) Nonconformity. A non-conformity may result from any inconsistency with the requirements of this Ordinance, including but not limited to location, density, height, yard, usable open space, buffering, or performance standards or the lack of a Conditional Use Permit, variance, or other required authorization. A use or structure shall not be deemed nonconforming solely because it does not conform with the parking dimension standards, loading, planting area, or screening regulations of the district in which it is located or does not conform to the standards for the following building features: garage door location; garage door width; chimney height; cornices, eaves, and other ornamental features that exceed maximum projections into required yards; or bay windows and balconies above the first floor that exceed maximum projections into required yards.
(b) Nonconforming Uses and Structures—Right to Continue. Any use or structure that was legally established prior to the effective date of this Ordinance or of any subsequent rezoning or amendment shall be deemed to be in compliance with this Ordinance and may be continued and maintained indefinitely if it has remained in continuous existence. The right to continue a nonconforming use or structure shall run with the land. However, no substitution, expansion, or other change in use and Porterville Development Ordinance
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no alteration or other change in structures is permitted, except as otherwise provided in this chapter.
307.04 Continuation and Maintenance of Nonconforming Structures Legal nonconforming structures may be continued and maintained in compliance with the requirements of this chapter unless deemed to be a public nuisance because of health or safety conditions.
(a) Maintenance and Nonstructural Repairs. Maintenance, non-structural repairs and non-structural interior alterations are permitted to a nonconforming structure or to a structure occupied by a nonconforming use, so long as the changes and improvements do not enlarge or extend the structure.
(b) Structural Repairs. Structural repairs that do not enlarge or extend the structure, including modification or repair of bearing walls, columns, beams or girders, may be undertaken only when the Building Official determines that such modification or repair is immediately necessary to protect public health and safety, occupants of the nonconforming structure, or occupants of adjacent property and when the cost of such work does not exceed fifty (50) percent of the higher of the assessed value of the nonconforming structure as determined by the Tulare County Assessor or an appraisal performed by a certified appraiser for the applicant. If an applicant chooses not to submit an appraisal, the Tulare County Assessor’s determination shall be used.
307.05 Alterations and Enlargements to Nonconforming Structures Nonconforming structures may be enlarged, extended, structurally altered or repaired as long as the use of the property is conforming, and subject to the following provisions:
(a) Nonconforming Single-Family Dwellings. A Single-Family Dwelling that is nonconforming with respect to one (1) or more required setbacks may be enlarged or altered, subject to the following standards:
(1) Interior Side and Rear Setbacks. Additions or enlargements that maintain a nonconforming interior side or rear yard setback are permitted as long as the addition does not:
a. Further reduce any nonconforming side or rear setback; b. Create any new encroachment into any other required setback; c. Increase the existing height of the portion of the structure that is within the required setback;
d. Result in a violation of applicable standards for building coverage, parking, or useable open space; or
e. Result in a violation of any standard of the Building Code. (2) Front Setbacks. Additions or enlargements that vertically or horizontally extend a nonconforming front yard setback may be approved based on a finding that the proposed addition will maintain the average setback of Series 300: Additional Use and Development Regulations
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development on the same block front within two hundred (200) feet of the lot.
(3) Height. Additions or enlargements that horizontally extend a nonconforming side or rear setback of any portion of a structure that is nonconforming with respect to height may be approved based on findings that the proposed alteration will not:
a. Substantially interfere with solar access available to surrounding properties;
b. Reduce the privacy of surrounding properties; or
c. Create a structure that is incompatible with the character of surrounding development due to its bulk or form.
(b) Nonconforming Parking
(1) Nonresidential Structures. A nonresidential structure that is nonconforming because it does not satisfy the parking requirements of this Ordinance may not be expanded unless the parking spaces that are required for the expansion are provided in accordance with applicable provisions of Chapter 304, On-Site Parking and Loading.
(2) Residential Structures. A residential structure that is nonconforming because two (2) spaces have not been previously required by this Ordinance may be altered or expanded with only one (1) covered space, provided that such alterations or expansions of an individual dwelling shall not cumulatively exceed twenty-five (25) percent of the habitable floor area at the time of the first expansion or alteration.
(3) Exception. No residence may be constructed or expanded by more than one thousand (1,000) square feet of additional habitable area without providing parking in accordance with the applicable provisions of Chapter 304, OnSite Parking and Loading. (c) Nonconforming Lot Coverage. A structure that is nonconforming because it exceeds the maximum allowable lot coverage may be expanded in floor area only if the expansion does not increase the lot coverage.
307.06 Classification of Nonconforming Uses
The City Council may classify legally established nonconforming uses for the purpose of determining whether to permit substitution or expansion subject to the requirements of the following section. The classification of any use or structure shall be optional and shall be based on written application by the property owner or his/her designee, including such information as may be deemed necessary to determine that the use was legally established and to make any other findings that may be required.
(a) Class I. Class I nonconforming uses are designated by the City Council following a public hearing and based on findings that:
(1) The existing nonconforming use was legally established; Porterville Development Ordinance
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(2) The proposed expansion or substitution of the nonconforming use would not be detrimental to public health, safety, or welfare;
(3) The proposed expansion or substitution would not be inconsistent with the General Plan and would not preclude or interfere with implementation of any applicable adopted City plan;
(4) The proposed use will not depress the value of nearby properties; and (5) No useful purpose would be served by strict application of the provisions or requirements of this Ordinance with which the use or structure does not conform.
(b) Class II. Class II nonconforming uses include any legally established nonresidential use that involves the following:
(1) Storage, use, or generation of hazardous materials, processes, products, or wastes;
(2) Activity that may be detrimental to public health and safety because of the potential to create dust, glare, heat, noise, noxious gases, odor, smoke, vibration;
(3) Conditions that would be incompatible with surrounding uses; or (4) Any nonconforming Sexually Oriented Business.
307.07 Changes and Substitutions of Nonconforming Uses
No legal nonconforming use shall be substantially expanded or changed in operation without the approval of a Conditional Use Permit as provided for in this chapter. This requirement shall not apply to a change of ownership, tenancy, or management where the new use is in the same classification as the previous use, as defined in Chapter 701: Use Classifications, and the use is not expanded.
(a) Change from Nonconforming to Permitted Use. Any nonconforming use may be changed to a use that is allowed by right in the zoning district in which it is located and complies with all applicable standards for such use. (b) Conditional Use Permit to Legalize Use. Any use that is nonconforming solely by reason of the absence of a Conditional Use Permit may be changed to a conforming use by obtaining the required permit.
(c) Change from Nonconforming Use to Other Nonconforming Use. The City Council may allow the expansion of a Class I use, substitution of a Class II nonconforming use with a Class I nonconforming use, or substitution of a Class I nonconforming use with another Class I nonconforming use, subject to approval of a Conditional Use Permit and the requirements of this chapter.
(1) Within a Structure That Conforms to the Development Ordinance. A Class I nonconforming use in a structure that conforms to this Ordinance and to the requirements of the Building Code may expand the floor area that it Series 300: Additional Use and Development Regulations
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occupies, subject to Conditional Use Permit approval provided that no structural alteration is proposed or made for the purpose of the expansion. a. A nonconforming use may not be expanded to occupy all or a part of another structure or another lot that it did not occupy on the effective date of this Ordinance.
b. The expansion of the nonconforming use shall not exceed fifty (50) percent of the area that the nonconforming use legally occupies at the time of application.
(2) Within a Structure That Does Not Conform to the Development Ordinance.
A Class I nonconforming use in a structure that does not conform to the requirements of this Ordinance may expand its occupancy and building floor area subject to the requirements of paragraph one (1) above. (3) Within a Structure That Does Not Conform to the Building Code. Any nonconforming use in a structure that does not conform to the Building Code may not expand the area it occupies. A Class I nonconforming use may expand the area it occupies subject to Conditional Use Permit approval after the structure is brought into conformance with all applicable Building Code requirements.
(4) City Council Review. The City Council shall hold a public hearing, pursuant to the procedures established in Chapter 601, Common Procedures, on each application for a change or substitution of use. In addition to any other findings that may be required, the City Council shall find that:
a. The proposed new use will be more compatible with the purposes of the district and surrounding uses than the nonconforming use it replaces;
b. The proposed new use will not be detrimental to the health, safety, peace, comfort or general welfare of persons residing or working in the surrounding area or be detrimental or injurious to property and improvements of adjacent properties, the surrounding area, or the neighborhood because of noise, traffic generation, odors, dust, glare, vibrations, or other effects; and
c. The proposed new use will comply with all applicable standards or there are special circumstances peculiar to the property and its relation to surrounding uses or to the district itself that would justify modification to applicable standards.
(5) Standards for Council Determination. In making its findings and conclusions pursuant to paragraph four (4) above, the City Council shall consider the following factors:
a. Noise;
b. Traffic generation;
c. Hours of operation;
d. Noxious or annoying emissions of odor, smoke, waste water or other matters;
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e. Proximity of the use to conforming uses;
f. Extent and severity of nonconformity;
g. Effect of the nonconforming use on surrounding conforming uses; h. Character of the surrounding neighborhood, including the number and proportion of nonconforming uses;
i. Access to the nonconforming use;
j. Maintenance of the nonconforming use; and
k. Any other factors the City Council deems relevant given the purposes of this chapter.
(6) Conditions. When making its decision on an application for a change or substitution of use, the Council may establish conditions that are necessary to accomplish the purposes of this chapter, including, but not limited to:
a. Required improvement of, or modifications to existing improvements on, the property;
b. Limitations on hours of operations;
c. Limitations on the nature of operations; and
d. A specified term of years for which the continued nonconforming use shall be allowed.
(7) Revocation of Approved Changes of Nonconforming Use. The City Council may initiate a review of a changed or substituted nonconforming uses upon its own motion, or following a recommendation from the Zoning Administrator, in accordance with Section 601.10, Revocation of Approvals, and the following standards and procedures.
a. Initiation of Revocation Procedure. Initiation of City Council review of a nonconforming use approved pursuant to this section shall first require a report from the Zoning Administrator based upon the Zoning Administrator’s independent investigation and determination, recommending action by the Council.
b. City Council Review and Decision. The City Council shall hold a public hearing, pursuant to the procedures established in Chapter 601, Common Procedures. Upon the conclusion of the public hearing, the Council shall determine whether the nonconforming status shall be revoked and the use discontinued or allowed to continue subject to conditions. In making its determination the Council shall base its decision on the same considerations it used when approving the Conditional Use Permit to allow a change or substitution of a nonconforming use and the standards in paragraph five (5) above. 307.08 Restoration of Damaged Nonconforming Structures
(a) Restoration When Damage is Less than Seventy-Five (75) Percent of Value. If a nonconforming structure or a structure containing a nonconforming use is destroyed by fire or other calamity, to the extent of seventy-five (75) percent or less of the Series 300: Additional Use and Development Regulations
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replacement cost, as determined by the Building Official, the structure may be restored and the nonconforming use may be resumed, provided that a building permit for restoration is issued within six (6) months and restoration work is diligently pursued to completion.
(b) Restoration When Damage Exceeds Seventy-Five (75) Percent of Value. If any nonconforming structure or a structure containing a nonconforming use is destroyed by fire, explosion or other casualty or act of God to an extent of seventy-five (75) percent or greater of the replacement cost, as determined by the Building Official, then the structure may be restored and used only in compliance with the applicable regulations for the district where it is located, except as provided below. a. Exceptions for Residential Structures.
b. Any nonconforming residential use may be reconstructed, restored, or rebuilt up to the size and number of dwelling units prior to the damage and the nonconforming use, if any, may be resumed unless the City finds that:
1. The reconstruction, restoration, or rebuilding will be detrimental or injurious to the health, safety, or general welfare of persons residing or working in the neighborhood, or will be detrimental or injurious to property and
improvements in the neighborhood.