2. The existing nonconforming use of the building or structure can be more appropriately moved to a zoning district in which the use is permitted, or that there no longer exists a district in which the existing nonconforming use is permitted.
c. Any reconstruction, restoration, or rebuilding undertaken pursuant to this section shall conform to all applicable Building Code requirements.
d. A building permit shall be obtained within two (2) years after the date of the damage or destruction.
307.09 Correction of Nonconforming Site Features
Prior to occupancy of a site or structure that is nonconforming due to lack of one (1) of the following: screening of mechanical equipment; required walls or fences to screen parking; required paving for driveways; or required landscaping; a schedule for elimination or substantial reduction of these nonconformities over a period not exceeding five (5) years shall be submitted. Priority may be given to elimination of nonconformities that have a significant adverse impact on surrounding properties, and shall not require a commitment to remove nonconformities that have a minor impact and would be costly to eliminate due to the configuration of the site and the location of existing structures. 307.10 Abandonment of Nonconforming Uses
No nonconforming use may be resumed, reestablished, reopened or replaced by any other nonconforming use after it has been abandoned or vacated for a period of six (6) months, Porterville Development Ordinance
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except as provided for in this section. The nonconforming use of a legally established structure may be reestablished if the City Council approves a Conditional Use Permit after making all the following findings in addition to any other required findings. As a condition of approving the resumption of such nonconforming use, the Council may impose a time limit on its duration if necessary in order to make the required findings. (a) The structure cannot be used for any conforming use because of its original design or because of legal structural changes made for a previous nonconforming use; (b) The structure can be reasonably expected to remain in active use for a period of twenty (20) years without requiring repairs or maintenance in excess of fifty (50) percent of the replacement cost of the structure, as defined in this chapter, within any five (5) year period; and
(c) The continuation of the use or structure will not be incompatible with or detrimental to surrounding conforming uses.
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Series 400: Land Divisions
Chapter 400 General Provisions
Sections:
400.01 Introductory Provisions
400.02 General Responsibilities
400.03 Appeals
400.04 Grounds for Denial
400.05 Authority to Vary Regulations
400.06 Maps Required
400.01 Introductory Provisions
(a) Citation and Authority. This Series is enacted pursuant to the provisions of Division 2 of Title 7 of the Government Code of the State of California, referred to herein as the “Subdivision Map Act.”
(b) Purpose. Series 400, Land Divisions, is adopted to preserve, protect and promote the public health, safety, convenience, prosperity and general welfare. More specifically, this Series is adopted in order to achieve the following objectives:
(1) To aid in the implementation of the General Plan, and elements thereof, as adopted by the City Council.
(2) To provide lots of sufficient size and appropriate design for the purposes for which they are to be used.
(3) To provide streets of adequate capacity for the anticipated traffic which would utilize them, and to ensure that they are designed to promote a safe vehicular and pedestrian traffic circulation system.
(4) To accommodate new development in a manner which will preserve and enhance the city’s living environment.
(5) To provide for water supply, sewage disposal, storm drainage, and other utilities and facilities which are required by conditions of an urban environment. (6) To ensure that the costs of providing rights-of-way, street improvements, utilities and public areas and facilities needed to service new developments are borne fairly and equitably by the subdivider, rather than by property owners of the city at large.
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(c) Scope. Series 400, Land Divisions, is enacted for the purpose of regulating subdivision of land in accordance with the Subdivision Map Act of the State of California, and any future amendments thereto, and repeals all other regulations of the City of Porterville in conflict with this Series; provided, however, that such repeal shall not affect any agreement, contract, or bond executed pursuant to such regulations or any rights of action accruing thereunder. The regulations contained in this Series shall apply to all subdivisions and parcel maps or parts of subdivisions and parcel maps hereafter made entirely or partially within the City of Porterville. The provisions of this Series shall be in addition to and shall be considered as supplemental to the provisions of the Subdivision Map Act of the State of California, as now in effect or hereinafter amended. (d) Exclusions. These standards shall not apply to those divisions of land excluded by Section 66412 of the Subdivision Map Act.
400.02 General Responsibilities
(a) City Attorney. The City Attorney shall be responsible for approving as to form all subdivision improvement agreements and improvement securities. (b) City Council. The City Council shall review and approve, conditionally approved or disapprove tentative and final subdivision maps and parcel maps when the parcel map is in coordination with a discretionary permit and/or multi-application projects. The City Council shall have final jurisdiction in the approval of final maps and improvement agreements and the acceptance by the city of lands and/or improvements as may be proposed for dedication to the city for final maps. The City Council shall act as the final appeal board for hearing appeals of the approval, conditional approval or disapproval for parcel maps.
(c) City Engineer or Public Works Director. The City Engineer or Public Works Director shall be responsible for:
(1) Establishing design and construction details, standards and specifications. (2) Determining if proposed subdivision improvements comply with the provisions of this Series and the Subdivision Map Act and for reporting the findings together with any recommendations for approval, or conditional approval, of the tentative map to the Zoning Administrator for tentative subdivision maps and parcel maps. (3) The processing of final maps, reversion to acreage maps and amended maps; the processing and approval of subdivision improvement plans, lot line adjustments, mergers, and certificates of compliance.
(4) Examining and stating that final maps are in substantial conformance with the approved tentative map.
(5) The inspection and approval of subdivision improvements. (6) On behalf of the City Council, accept the dedication of streets, alleys, including access rights and abutter’s rights, drainage easements, elementary school sites, parks, and other easements and parcels of land intended for public use. (7) The collection of all required deposits and fees.
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(d) Zoning Administrator. The Zoning Administrator shall be responsible for design analysis for conformity with the General Plan and this Ordinance; for the environmental quality of the subdivision design; and for the expedient processing of subdivision maps, parcel maps, and reports, as provided herein.
(e) Project Review Committee. The Project Review Committee shall be responsible for reviewing and commenting on preliminary maps that show the general characteristics of the proposed subdivision.
(f) Parcel Map Committee. The Parcel Map Committee shall be the designated advisory agency for parcel map subdivisions and shall have the authority to approve, conditionally approve, or deny tentative parcel maps. The Parcel Map Committee may impose conditions upon a tentative map, as appropriate, to determine compliance with general engineering or surveying practices.
(g) Subdivider. The subdivider shall prepare maps consistent with the standards contained herein, and design public improvements consistent with the public improvement standards of the City of Porterville. The subdivider shall process said maps in accordance with the regulations set forth herein.
400.03 Appeals
(a) The subdivider or any interested person adversely affected may appeal any decision, determination or requirement of the City Engineer, Zoning Administrator or Parcel Map Committee consistent with the provisions of Chapter 612, Appeals. (b) When the Parcel Map Committee has acted on an application for an exception, in accordance with the provisions of this Series, any interested person may appeal to the City Clerk pursuant to the procedures and within the time limits set forth in Chapter 612, Appeals. City Council decisions are final upon adoption of the resolution. 400.04 Grounds for Denial
(a) A tentative map or parcel map shall be denied approval or conditional approval in the event any one (1) of the following findings is found to prevail by the legislative body:
(1) That the proposed map is not consistent with applicable general and specific plans.
(2) That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.
(3) That the site is not physically suitable for the type of development. (4) That the site is not physically suitable for the proposed density of development. (5) That the design of the subdivision or the proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
(6) That the design of the subdivision or type of improvements is likely to cause serious public health problems.
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(7) That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction, and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.
400.05 Authority to Vary Regulations
(a) The Parcel Map Committee/City Council, with respect to tentative parcel maps and tentative subdivision maps, respectively, can modify any of the requirements and regulations set forth in this Series as it pertains to lot design, subject to the approval of a conditional use permit. Variation of regulations is applicable when there are natural features such as topographic constraints and soils conditions that may warrant modified standards. Application for any such modification shall be made in writing by the subdivider in the form of a conditional use permit application, stating fully the grounds of the application and the facts relied upon by the subdivider. Such application shall be filed with the tentative map of the proposed land division. If in the opinion of the Zoning Administrator and Public Works Director/City Engineer the on- and/or off-site improvements, phasing and/or type of improvements necessitate it, a development agreement may be required between the City and the subdivider. In order for the property referred to in the application to come within the provisions of this section, it shall be necessary that the City Council or Parcel Map Committee find the following facts with respect thereto:
(1) There are special circumstances or conditions affecting the property that make it impractical to conform to all of the provisions prescribed by this Series provided, however, that no exceptions may be granted to any requirements imposed by the Subdivision Map Act or any other applicable provision of State law; (2) That the modification is necessary for the preservation and enjoyment of a substantial property right of the petitioner;
(3) That the granting of the modification will not be detrimental to the public welfare or injurious to other property in the territory in which such property is situated; (4) That the exception is appropriate for the proper design and/or function of the subdivision; and
(5) That the granting of the exception is consistent with the General Plan. (b) Exception to Conditional Use Permit Requirement. As it pertains to tentative parcel maps and tentative subdivision maps, exceptions to regulations pertaining to lot depth, reverse corner lots, street length and width, and double frontage lots or for minor exceptions as determined by the Zoning Administrator, shall be processed with the tentative map and shall not be subject to a conditional use permit per the above section (a). Exceptions from additional subdivision design standards and/or standards pertaining 400 Series: Land Divisions
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to the lot design within particular zones shall be subject to the approval of a conditional use permit.
(c) Action on Exceptions. In the event that the proposed exceptions represent more than exceptions from lot depth, reverse corner lots, street length, and double frontage lots, the City Council shall approve, conditionally approve or disapprove the application for a conditional use permit pertaining to a tentative map in a public hearing held concurrently with the proposed tentative map. The Parcel Map Committee shall consider the exceptions not subject to a conditional use permit during the public hearing at which it considers the tentative parcel map.
400.06 Maps Required
(a) General. The necessity for tentative maps, or vesting tentative maps, parcel maps, and final maps shall be governed by the provisions of this Series. A designated remainder lot shall not be counted as a parcel for the purpose of determining whether a parcel or final map is required.
(b) Final Map. A tentative or vesting tentative and final map shall be required for all divisions of land creating five (5) or more parcels, five (5) or more condominiums as defined in Section 783 of the State Civil Code, a community apartment project containing five (5) or more parcels, or for the conversion of a dwelling to a stock cooperative containing five (5) or more dwelling units, except where:
(1) The land before division contains less than five (5) acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the legislative body; or (2) Each parcel created by the division has a gross area of twenty (20) acres or more and has an approved access to a maintained public street or highway; or (3) The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the governing body as to street alignments and widths; or
(4) Each parcel created by the division has a gross area of not less than 40 acres or is not less than one quarter of a quarter section.
(5) The land being subdivided is solely for the creation of an environmental subdivision pursuant to Section 66418.2 of the Subdivision Map Act. (6) The subdivisions described in paragraphs (1), (2), (3), (4) or (5) shall require a parcel map.
(c) Parcel Map. A tentative map, vesting tentative map, and parcel map shall be required for all divisions of land into four (4) or fewer parcels, and for divisions of land into five (5) or more parcels that are classified as a parcel map in subsection (b) above, except that a tentative map and parcel map shall not be required for:
(1) Right-of-Way Subdivisions. Subdivisions of a portion of the operating right-ofway of a railroad corporation, defined by Section 230 of the Public Utilities Code Porterville Development Ordinance
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that are created by short-term leases terminable by either party on not more than 30 days’ notice in writing.
(2) Conveyances. Land conveyed to or from a governmental agency, public entity or public utility, or for land conveyed to a subsidiary of a public utility for conveyance to the public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a parcel map.
(3) Lot Line Adjustments. Lot line adjustments that meet the requirements of Section 406.03, Lot Line Adjustments.
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Chapter 401 Preliminary Map
Sections:
401.01 Form of Preliminary Map
401.02 Project Review Committee
401.01 Form of Preliminary Map
(a) Prior to the filing of a map, the subdivider shall submit to the Zoning Administrator an application for Project Review Committee and nine (9) copies of a preliminary map to indicate the essential characteristics of the subdivision. The preliminary map shall be eighteen by twenty-six inches (18” X 26”), be legibly drawn, in pencil or ink, and shall use a decimal or an engineer’s scale of not less than one inch equals one hundred feet (1” = 100’) and shall contain the following minimum information:
(1) Key map showing adjacent property, subdivisions and roads or streets, proposed street in the subdivision, and other development that would affect the subdivision.
(2) Name and address of the owner of record, subdivider and engineer or surveyor. (3) Date, north point and scale showing the general topography contours and features.
(4) Approximate location and widths of proposed and existing street rights-of-way. (5) Approximate location, average size, and number of lots. (6) Approximate acreage of proposed tract.
(7) The intended land use and information on utilities, sanitary sewers, drainage, water and other improvements.
401.02 Project Review Committee
(a) The Zoning Administrator will schedule a meeting of the Project Review Committee, in compliance with Chapter 601.03, with the subdivider on the preliminary map. The Project Review Committee will make such general recommendations to the subdivider as shall seem proper regarding such preliminary map and shall recommend consultations by the subdivider with such other public or private agencies as it shall designate. The Project Review Committee shall furnish written copies of its recommendations to the subdivider and to all other public or private agencies which may be interested.
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Chapter 402 Tentative Maps
Sections:
402.01 Map Filing Procedure and Requirements
402.02 Form of Map and Content
402.03 Expiration of Maps and Extensions of Time
402.01 Map Filing Procedure and Requirements
(a) The subdivider shall file with the Zoning Administrator ten (10) copies, one (1) photoready master (11” X 17” maximum) and one (1) copy of the owner’s statement (if not included on the tentative map), all in accordance with the requirement of this Series, of each proposed subdivision. Said tentative map shall be accompanied with filing fees per resolution adopted by the City Council. The Zoning Administrator shall indicate upon all copies of the tentative map and accompanying data the date of filing, which shall be the date on which all required maps, masters, and accompanying data are deposited in the office of the Zoning Administrator. The Zoning Administrator may refuse to accept a tentative map which is inaccurate, illegible, incomplete, or which fails to comply with the requirements of this Series.
(b) Department Review and Referral
(1) Determination of Complete Application. Not later than thirty (30) days after receipt of an application for a tentative map approval, the Zoning Administrator shall determine in writing whether such application is complete, and shall immediately transmit such determination to the applicant for the tentative map. In the event that the application is determined not to be complete, the Zoning Administrator’s determination shall identify those parts of the application which are complete, and shall specify those parts of the application which are incomplete, and shall indicate the manner in which they can be made complete.
Zoning Administrator may, in the course of processing the application, request the applicant to clarify, amplify, correct, or otherwise supplement the information required for the application.
(2) Referral. Within ten (10) days of acceptance of a tentative map of a subdivision, the Zoning Administrator shall transmit the requested number of copies of such map, together with accompanying data, to such public agencies and utilities as may be concerned. Each of the public agencies and utilities may, within fifteen (15) days after distribution of the tentative map, forward to the Zoning Administrator a written report of their findings and recommendations thereon.
The Zoning Administrator shall prepare a written report on the conformity of the tentative map to the provisions of the General Plan, the Development Ordinance, and all other applicable requirements of this and other ordinances and regulations of the City of Porterville. Such public agencies and utilities include, but are not limited to:
a. Public Works Director/City Engineer;
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b. Chief Building Official;
c. Police Department;
d. Fire Department;
e. Field Services Manager;
f. Office of Intergovernmental Management as required by the Government Code;
g. Southern California Edison or other affected electric company; h. The Gas Company or other affected gas company;
i. Telephone company or other affected phone company;
j. Cable TV companies affected;
k. School Districts as required by Section 66455.7 of the Map Act; l. Water supplier that is or may become a public water system as required by Section 66455.3 of the Map Act; and
m. Affected owner of irrigation ditches or canals, and any other public agency or public utility affect by the subdivision.
(c) Consideration of Tentative Maps. The Zoning Administrator shall prepare a written report on the conformity of the tentative map to the provisions of the General Plan and all other applicable requirements of this and other ordinances and regulations of the City of Porterville. The report shall include a recommendation for action, including any requirements or conditions deemed necessary to ensure that the map will comply with the General Plan and any applicable city regulations. The Public Works Director/City Engineer shall prepare a written report of recommendations on the tentative map in relation to the public improvement requirements of this chapter and the provisions of the Map Act.
(d) Notification Procedures for Public Hearings. Notice of the time and place of any public hearing shall be given in conformance with the provisions of Section 601.05, Public Notification.
(e) Action. Within the timeframes established in the Permit Streamlining Act, the City Council shall act on the tentative map for subdivisions and the Parcel Map Committee shall act on the tentative parcel map, unless an extension is agreed upon by the subdivider as provided for in the Permit Streamlining Act. If the City Council/Parcel Map Committee find that the proposed map complies with the requirements of this chapter and the Map Act, it shall approve the map. If the City Council/Parcel Map Committee finds that the proposed map does not meet the requirements of this chapter and the Map Act, it shall conditionally approve or disapprove such map.
(f) Notice of Action. Within ten (10) days following the action by the City Council or Parcel Map Committee, as appropriate, the Zoning Administrator shall transmit a letter containing the record pertaining to such action to the party submitting the tentative map.
Upon approval, the tentative shall be so marked and all conditions of approval and required dedications and improvements clearly specified on or with the map. Copies of 400 Series: Land Divisions
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the approved tentative map shall be filed with the Zoning Administrator and the City Engineer.
402.02 Form of Map and Content
(a) The subdivider shall cause the tentative map of the land proposed to be subdivided to be prepared by a registered civil engineer or a licensed land surveyor. The size of each sheet shall be eighteen by twenty-six inches (18” X 26”). The tentative map shall be legibly drawn, in pencil or ink, and shall use a decimal or an engineer’s scale of not less than one inch equals one hundred feet (1” = 100’), or as approved by the Zoning Administrator.
The tentative map shall clearly show the following information:
(1) The tract name or number, date, north point, scale and sufficient description to define the location and boundaries of the proposed tract. (2) Names, addresses, and phone numbers of record owner(s), subdivider, and engineer or surveyor.
(3) Partial legal description (1/4 section, township/range). (4) The tentative map shall include enough sheets to show details at the scale of the map. The number of the sheet and the total number of sheets comprising the tentative map shall be stated on each of the sheets and its relation to each adjoining sheet shall be clearly shown.
(5) Location, names, present right-of-way and physical dimension, and approximate grades of adjacent roads, streets, highways or ways, names and dimensions of abutting subdivisions and properties.
(6) The locations, names, widths, and proposed grade of all streets in the proposed subdivision.
(7) Radius of each curve (in accordance with Section 407.03, Design and Construction Standards).
(8) Typical cross sections of any non-standard streets. (9) The outline of any existing buildings and their locations in relation to existing or proposed street and lot lines. The location of existing wells and sewage disposal facilities and the proposed disposition of same.
(10) Contour lines having the following intervals (Development within the Hillside Zone shall comply with Chapter 501, Hillside Zone Overlay District):
a. One (1) foot contour interval for ground slopes between level and five (5) percent.
b. Five (5) foot contour intervals for ground slopes exceeding five (5) percent.
(11) The approximate widths, location and purpose of all existing or proposed easements.
(12) Approximate lot layout and approximate dimensions of each lot, and each to be numbered.
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(13) The area of the subdivision in gross area and net area (excluding streets and other proposed public uses).
(14) Approximate location of all areas subject to inundation or storm water overflow and the location, width, grade and direction of flow of all watercourses and the location of all floodplain lines.
(15) Public areas proposed.
(16) City limit lines.
(17) Vicinity map showing the proposed subdivision and surrounding streets within one-fourth (1/4) mile radius of the proposed subdivision. (18) Location of trees to remain in place and landscaping proposed to remain in public right-of-way.
(19) Show all proposed dedications and irrevocable offers of dedication on the tentative map or to be made by separate instrument.
(20) The location and sizes of existing and proposed utility lines and structures. (21) The elevation of sewers at the proposed connection. (22) Any other drawings, data or information as deemed necessary by the Zoning Administrator and/or the City Engineer.
(23) The Zoning Administrator may waive any of the above tentative map requirements if the location and nature of the proposed subdivision or existing documentation demonstrate that a waiver is justified.
(b) Owner's Statement and Accompanying Data. Additional information relating to the subdivision which may not practicably be shown on the tentative map shall be contained in similar supplemental maps or written owner's statement which shall accompany the tentative map and include the following information. Any information that is engineering in nature shall be provided by a Civil Engineer.
(1) Existing use or uses of the property, present zoning, and General Plan designation.
(2) Proposed uses of the property indicating respective proportion of the total area of the subdivision represented by each.
(3) General outline of proposed water system.
(4) Provisions for sanitary sewage disposal and general outline of proposed system. (5) Plan for surface drainage and flood control and general outline of proposed system.
(6) Proposed street improvements for sidewalk, curb and gutter, and paving of public ways, as required, indicating approximate location and dimensions of the proposed system.
(7) If developed in increments, maps shall indicate approximate sequence of development.
(8) Environmental Information Form.
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(9) Additional data and information, including fees, as may be required for the preparation and processing of environmental documents pursuant to the California Environmental Quality Act.
(10) Any other data or reports deemed necessary by the Zoning Administrator and/or the City Engineer.
402.03 Expiration of Maps and Extensions of Time
(a) Expiration. When a timely filing is made prior to expiration, subsequent actions of the City Council or Parcel Map Committee, as appropriate, including, but not limited to, processing, approval, and recordation, may lawfully occur after the date of expiration of the tentative map. Delivery to the City Engineer shall be deemed a timely filing for purposes of this section. The effective life of an approved tentative parcel map or tentative subdivision map shall comply with the provisions of Section 66463.5 and 66452.6 of the Map Act, respectively. The expiration of an approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the City Council or Parcel Map Committee, as appropriate, without first processing a new tentative map.
(b) Extension. Extensions for tentative parcel maps and tentative subdivision maps may be granted pursuant to the provisions of Section 66463.5 and 66452.6 of the Map Act, respectively. Upon application of the subdivider, prior to the expiration of the approved or conditionally approved tentative map, the time at which the map expires may be extended by the Parcel Map Committee or by the City Council. (1) Request for Extension. Prior to the expiration of an approved or conditionally approved tentative map, upon receipt of a written application by the subdivider to extend that map, the map shall automatically be extended for sixty (60) days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. A written application to extend an approved or conditionally approved tentative map shall be submitted to the Zoning Administrator prior to expiration of the tentative map, who shall forward such to the City Council or Parcel Map Committee, as appropriate. If the Parcel Map Committee denies a subdivider’s application for an extension, the subdivider may appeal, in writing, to the City Council within ten (10) days after the Parcel Map Committee has denied the extension.
(2) Consideration of Extension Request. Consideration of an application for an extension of time shall be limited to the mandatory findings of significance contained in the original Parcel Map Committee conditions or City Council resolution which approved or conditionally approved the tentative map. If it can be reasonably demonstrated that any one (1) of the original mandatory findings of significance used to justify approval or conditional approval of the tentative map, as specified in the original resolution has changed to the extent it can be considered a cause for denial, then such request for extension may be denied. (3) Companion Permits. When a tentative map is approved or conditionally approved in conjunction with a Conditional Use Permit or other discretionary Porterville Development Ordinance
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permit, such permit shall expire at the same time as the tentative map unless the permit states a different expiration date approved by the City Council. Extensions of time of tentative maps approved with companion Conditional Use Permits or other discretionary permits may also include extensions of time for such companion permits to exceed the maximum appropriate time limit permitted by this section.
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Chapter 403 Vesting Tentative Maps
Section:
403.01 Vesting Tentative Maps
403.02 Vesting of Development Rights
403.01 Vesting Tentative Maps
(a) Citation and Authority. This section is enacted pursuant to the authority granted by Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code of the State of California (hereinafter referred to as the vesting tentative map statute).
(b) Purpose. It is the purpose of this section to establish procedures necessary for the implementation of the vesting tentative map statute, and to supplement the provisions of the Subdivision Map Act.
(c) Consistency. No land shall be subdivided and developed pursuant to the vesting tentative map for any purpose which is inconsistent with the General Plan and any applicable specific plan, or not permitted by this Ordinance or other applicable provisions of the Municipal Code, which were in effect at the time the vesting tentative map was approved or conditionally approved.
(d) Application
(1) Whenever a provision of the Map Act, as implemented and supplemented by this Series, requires the filing of a tentative map, a vesting tentative map may instead be filed, in accordance with the provisions hereof.
(2) If a subdivider does not seek the rights conferred by the vesting tentative map statute, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.
(e) Filing and Processing. A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports and shall be processed in the same manner as set forth in this Series for a tentative map, except as hereinafter provided:
(1) At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words “vesting tentative map.”
(2) At the time a vesting tentative map is filed, a subdivider may be required to supply the following information in addition to the requirements set forth in Section 402.02, Form of Map and Content:
a. Height, size, and location of buildings.
b. Geological studies.
c. Architectural plans.
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d. Any other studies that are normally deferred to the building permit stage. (f) Expiration. The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions established by 402.03 Expiration of Maps and Extensions of Time for the expiration of the approval or conditional approval of a tentative map.
403.02 Vesting of Development Rights
(a) Review Authority Action
(1) The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards described in Government Code Section 66474.2. However, if Section 66474.2 of the Government Code is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the time the vesting tentative map is approved or conditionally approved.
(2) Notwithstanding paragraph (1) above, a permit, approval, extension or entitlement may be made conditional or denied if any of the following are determined:
a. A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both.
b. The condition or denial is required, in order to comply with state or federal law.
(b) Time Limits and Extensions of Time on Vesting Tentative Maps. The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided below. If the final map is approved, these rights shall last for the following periods of time:
(1) An initial time period of two (2) years. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded.
(2) The initial time period set forth in paragraph (1) above shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds thirty (30) days, from the date a complete application is filed.
(3) A subdivider may apply for a one (1) year extension at any time before the initial time period set forth in paragraph (1) above expires.
(4) If the subdivider submits a complete application for a building permit during the periods of time specified in paragraphs (1), (2), and (3) above, the rights referred to herein shall continue until the expiration of that period, or any extension of that permit.
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(c) Development Inconsistent with Zoning Conditional Approval (1) Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with this Ordinance, that inconsistency shall be noted on the map. The city may deny such a vesting tentative map or approve it conditioned on the subdivider/applicant obtaining the necessary change in the Ordinance to eliminate the inconsistency. If the change in the Ordinance is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding subsection (a)(1) above, confer the vested right to proceed with the development in substantial compliance with the change in the Ordinance and the map, as approved.
(2) The rights conferred by this subdivision shall be for the time periods set forth in subsection (b) above.
(d) Applications Inconsistent with Current Policies. Notwithstanding any provision of this section, the applicant may seek approvals or permits for development which depart from the ordinances, policies and standards and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.
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Chapter 404 Final Maps
Section:
404.01 Filing Final Map
404.02 Form of Map and Content
404.03 Approvals
404.01 Filing Final Map
(a) Within the time limit designated in Section 402.03, Expiration of Maps and Extensions of Time, and upon the accomplishment of all dedication by certification on the map and required construction of all public improvements, or the execution of an agreement and provision of surety providing therefore and the payment of all applicable fees and charges, the applicant may file with the City Engineer, who shall approve, a final map which shall substantially conform to the approved tentative map and all applicable provisions of the Map Act. The appropriate statements as provided by the applicant in accordance with the provisions of the Map Act, shall be signed by the City Engineer upon the final map; and the final map shall be transmitted to the Clerk of the County Board of Supervisors for ultimate transmittal to the county recorder. (1) Multiple Final Maps. Multiple final maps shall be filed if the subdivider informs the Zoning Administrator in writing of his or her intention to file multiple final maps, at the time the tentative map is filed or, if the Zoning Administrator and the subdivider concur to the filing of multiple final maps after the filing of the tentative map.
(2) Effect of Multiple Final. The filing of a final map on a portion of an approved or conditionally approved tentative map shall not invalidate any part of the requirements to provide for the construction of improvements as required to constitute a logical and orderly development of the whole subdivision. (b) The subdivider shall file the original and three (3) copies of the final map and required accompanying data with the City Engineer. The said final map shall be accompanied by filing fees as specified in the comprehensive fee schedule. When a final map is submitted to the City Engineer in accordance with this Series, it shall be accompanied by the following documents:
(1) Improvement Plans. The original tracings of detailed plans, cross sections and profiles of all improvements proposed to be installed as required by the provisions of this Series, and of all other improvements proposed to be installed by the subdivider in, on, over, or under any street, right-of-way, easement or parcel of land dedicated by the map or previously dedicated, including the estimated cost thereof, shall be filed with the City Engineer or Public Works Director for his approval and signature. All such plans shall be prepared in accordance with the requirements of the City Engineer or Public Works Director.
Plan sheets shall be twenty-four inches by thirty-six inches (24” X 36”) and a plan and profile drawn to a scale of one inch equals fifty feet (1” = 50’), or an appropriate scale previously approved by the City Engineer.
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(2) Traverse Sheets. Calculation and traverse sheets in a form approved by the City Engineer giving bearings and distances, coordinates, error of closure and areas within the boundary of the subdivision and blocks and lots therein shown on the final map.
(3) Design Data. Design data, assumptions and computations for proper analysis in accordance with sound engineering practice.
(4) Report and Guarantee of Title. The final map shall be accompanied by a current (within six (6) months of the final map filing date) report prepared by a duly authorized title company naming the persons whose consent is necessary for the preparation and recordation of such map, and for dedication of the streets, alleys and other public places shown on the map and certifying that, as of the date of the preparation of the report, the persons wherein named are all the persons necessary to give clear title to such subdivision. At the time of recording said map, following approval by the City Council, there shall be filed with the County Recorder a guarantee executed by a duly authorized title company for the benefit and protection of the city showing that the persons consenting to the preparation and recordation of such map and offering for dedication the streets, alleys and other public places shown thereon are all the persons necessary to pass clear title to such subdivision and to the dedications shown thereon. The report should also include a statement of explanation of why any right-of-way or easement holders across the subdivision need not sign the map if they are not included as needed to pass a clear title.
(5) Preliminary Soils Report. A preliminary soil report prepared by a civil engineer registered by the State of California, based upon adequate test borings or excavations. The fact that a soil report has been prepared shall be kept on file for public inspection by the city. The preliminary soil report may be waived by the City Engineer or Public Works Director if adequate existing data is available as to the soil qualities of the soils of the subdivision. If the preliminary soil report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, a soil investigation of each lot in the subdivision may be required, prepared by a civil engineer registered by the State of California. The soil investigation shall recommend corrective action intended to prevent structural damage to each dwelling proposed to be constructed on expansive or unstable soil. The report shall be filed with the Building Department. If the preliminary soils report indicates the presence of naturally-occurring asbestos, a construction dust management plan shall be prepared.
(6) Utility Statements. Statements from the various public utility companies authorized to serve in the area of the subdivision or division of land certifying that satisfactory provisions have been made to accommodate their facilities. (7) Improvement Agreements. With final review; all agreements, improvement security required by state law or this Ordinance, and offer(s) of dedication. 400 Series: Land Divisions
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404.02 Form of Map and Content
(a) The final map shall be prepared by or under the direction of a registered civil engineer authorized to practice land surveying or licensed land surveyor, shall be based upon a survey, and shall conform to all of the following provisions:
(1) It shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Statements, certificates, affidavits, and acknowledgments may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility. (2) The size of each sheet shall be eighteen inches by twenty-six inches (18" X 26") inches or four hundred sixty by six hundred sixty (460 X 660) millimeters. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one (1) inch or twenty-five (25) millimeters. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets and its relation to each adjoining sheet shall be clearly shown. (3) All survey and mathematical information and data necessary to locate all monuments and to locate and retrace any and all interior and exterior boundary lines appearing on the map shall be shown, including bearings and distances of straight lines, and radii and arc length or chord bearings and length for all curves and any information which may be necessary to determine the location of the centers of curves and ties to existing monuments used to establish and subdivision boundaries.
(4) Each lot shall be numbered. Each street shall be named or otherwise designated.
The subdivision name/number shall be shown together with the description of the real property being subdivided.
(5) Exterior boundary of the land included within the subdivision shall be indicated by distinctive symbols and clearly so designated. The map shall show the definite location of the subdivision, and particularly its relation to surrounding surveys. If the map includes a “designated remainder” parcel, and the gross area of the “designated remainder” parcel or similar parcel is five (5) acres or more, that remainder parcel need not be indicated as a matter of survey, but only by deed reference to the existing boundaries of the remainder parcel. A parcel designated as “not a part” shall be deemed to be a “designated remainder” for purposes of this section.
(6) On and after January 1, 1987, no additional requirements shall be included that do not affect record title interests. However, the map shall contain a notation or reference to additional information required by a local ordinance adopted pursuant to Section 66434.2.
(7) Any public streets or public easements to be left in effect after the subdivision shall be adequately delineated on the map. The filing of the final map shall constitute abandonment of all public streets and public easements not shown on the map, provided that a written notation of each abandonment is listed by Porterville Development Ordinance
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reference to the recording data or other official record creating these public streets or public easements and certified to on the map by the clerk of the legislative body or the designee of the legislative body approving the map. Before a public easement vested in another public entity may be abandoned pursuant to this section, that public entity shall receive notice of the proposed abandonment.
No public easement vested in another public entity shall be abandoned pursuant to this section if that public entity objects to the proposed abandonment. (b) Survey Requirement. At the time of making a survey for final map, the engineer or surveyor shall set sufficient durable monuments to conform with City Standards so that another engineer or surveyor may readily retrace the survey. At least one (1) exterior boundary line of the land being subdivided be adequately monumented or referenced before the map is recorded.
(1) The monuments shall be approved by the City Engineer and shall be per City Standards. Any monument or bench mark, as required by this section, which is disturbed or destroyed before acceptance of all improvements shall be replaced by the subdivider. The monuments shall be set at each corner and angle point in the exterior and interior boundaries (lot corners) of the subdivision, except wherein such monuments already exist in their proper positions. Monuments shall be set on street and alley center lines or offsets thereto at all street intersections, beginnings and end of curves, angle points or as otherwise directed by the City Engineer.
(2) Interior monuments need not be set at the time of the map is recorded, if the engineer or surveyor certifies on the map that monuments will be set on or before a specified date, and if the subdivider furnishes to the city security guaranteeing payment of the cost of setting such monuments in accordance with Section 66496 of the Map Act.
(3) Within five (5) days after the final setting of monuments has been completed, the engineer or surveyor shall give written notice to the subdivider and to the City Engineer that the final monuments have been set in accordance with Section 66497 of the Map Act.
(c) Statements and Acknowledgment. The title sheet of the map, below the title, shall show the name of the engineer or surveyor together with the date of the survey, the scale of the map and the number of sheets. The following statements, certificates, acknowledgments and description shall appear on the title sheet of final maps, and such statements may be combined where appropriate:
(1) Statement by parties holding title. A statement in accordance with the provisions of Section 66436 and 66445 of the Map Act.
(2) Dedication Statement. A statement in accordance with Section 66439 of the Map Act.
(3) Engineer’s or Surveyor’s Statement. A statement in accordance with Section 66441 of the Map Act.
(4) Soil Engineer’s Statement. A statement referring to preliminary soils reports on file with the city in accordance with Section 66434.5 of the Map Act. 400 Series: Land Divisions
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(5) Statement to be executed. A statement for execution by each of the following, as applicable:
a. City Engineer;
b. Surveyor;
c. Soil Engineer;
d. Zoning Administrator;
e. City Council;
f. City Clerk;
g. County Board of Supervisors;
h. County Recorder;
i. Owner.
(6) Notation or Reverence. Notation or reference to survey and map information required pursuant to Section 66434.2 of the Map Act.
(d) Information on Final Maps
(1) Each parcel shall be consecutively numbered. Each parcel shall have its area shown to the nearest one-hundredth (1/100) of an acre or nearest square foot. The exterior boundary of the land included within the parcel or parcels being created shall be indicated by a distinctive border applied to the reverse side of the tracings. Such border shall not interfere with the legibility of figures or other data.
The map shall show the definite location of such parcel or parcels, and particularly the relationship to existing surveys.
(2) The final map shall also contain the following information:
a. The tentative map number or vesting tentative map number, resolution number and date of preparation, printed on the upper right hand corner of the face sheet.
b. The net dimensions of each lot. No ditto marks shall be used. c. The names, locations and right-of-way widths of all abutting public streets.
d. The proposed location, purpose and width of all proposed public roads and private access easements.
e. The boundaries of any private easement, whether an easement or record or a prescriptive easement, shall be shown by means of a dotted line; and the name of the person owning the easement shall be shown on the map. f. Location and widths of easements for public utilities, if required. g. The location and widths of watercourses and areas subject to inundation, and location of selected flood lines within the parcels being created. h. Building setback lines, if applicable.
i. A north point and graphic scale.
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j. Location or vicinity map at a minimum scale of one (1) inch equals one (1) mile.
k. Names and addresses of the owners of the property being divided. 404.03 Approvals
(a) Approval by City Engineer. Upon receipt of the final map and other data submitted therewith, the City Engineer shall examine such to determine that the subdivision as shown is substantially the same as it appeared on the tentative map, and any approved alterations thereof, that all provisions of this Series or any other ordinance and the Map Act applicable at the time the application for the tentative map is deemed complete, and that he is satisfied that the map is technically correct. If the City Engineer shall determine the final map is not in full conformity with the tentative map, he shall advise the subdivider of the changes or additions that must be made for such purposes, and shall afford the subdivider an opportunity to make such changes or additions. If the City Engineer determines that full conformity therewith has been made, he shall transmit said map to the City Council for approval in the case of a final map. (b) City Council Approval – Final Map
(1) The City Council shall, at the meeting at which it receives the final map for approval, or at its next regular meeting after the meeting at which it received the map, approve the map if it conforms to all the requirements of this Series and the Map Act applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder.
(2) The Council may reject any or all offers of dedication. In the event that all improvements required or conditions imposed upon approval under the terms of this Series or by law are not completed before the filing of the final map, the Council may enter into an agreement with the subdivider for posting improvement security as provided in this Series. The City Engineer, upon the approval of the final map by the City Council, shall transmit the map to the Clerk of the Board of Supervisors, who shall record same.
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Chapter 405 Parcel Maps
Section:
405.01 Filing
405.02 Form and content
405.03 Final Parcel Map
405.04 Waiver of Requirements for Parcel Maps
405.01 Filing
(a) Ten (10) copies of the tentative parcel map and one (1) photo-ready master (11”X17” maximum) shall be filed with the Zoning Administrator.
(b) The tentative parcel map shall be accompanied by an application fee as established by City Council resolution.
(c) The Zoning Administrator may refuse to accept a tentative parcel map which is inaccurate, illegible, incomplete, or which fails to comply with the requirements of this article.
405.02 Form and Content
(a) The subdivider shall cause the tentative parcel map of the land proposed to be subdivided to be prepared by a registered civil engineer authorized to practice surveying or licensed land surveyor. The size of each sheet shall be eighteen by twenty-six inches (18” X 26”).
The tentative parcel map shall be legibly drawn, in pencil or ink, and shall use a decimal or an engineer’s scale of not less than one inch equals one hundred feet (1” = 100’), unless the Zoning Administrator determines that a different scale will be adequate and appropriate for the tentative map.
(b) The tentative map shall clearly show the following information:
(1) A key map showing the location of the subject property, adjacent property, subdivisions, streets or roads and other development which would affect the tentative map.
(2) Names, addresses, and phone numbers of record owner(s), subdivider, and engineer or surveyor.
(3) Partial legal description (1/4 section, township/range). (4) The tentative map shall include enough sheets to show details at the scale of the map. The number of the sheet and the total number of sheets comprising the tentative map shall be stated on each of the sheets and its relation to each adjoining sheet shall be clearly shown.
(5) Location, names, present right-of-way and physical dimension, and approximate grades of adjacent roads, streets, highways or ways, names and dimensions of abutting subdivisions and properties.
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(6) The locations, names, widths, and proposed grade of all streets in the proposed subdivision.
(7) Radius of each curve (in accordance with Section 407.03 Design and Construction Standards).
(8) Typical cross sections of any non-standard streets. (9) The outline of any existing buildings and their locations in relation to existing or proposed street and lot lines. The location of existing wells and sewage disposal facilities and the proposed disposition of same.
(10) Contour lines shall have the following intervals (Development within the Hillside Zone shall comply with Chapter 501, Hillside Zone Overlay District):
a. One (1) foot contour interval for ground slopes between level and five (5) percent.
b. Five (5) foot contour intervals for ground slopes exceeding five (5) percent.
(11) The approximate widths, location and purpose of all existing or proposed easements.
(12) Approximate lot layout and approximate dimensions of each lot, and each to be numbered.
(13) The area of the subdivision in gross area and net area (excluding streets and other proposed public uses).
(14) Approximate location of all areas subject to inundation or storm water overflow and the location, width, grade and direction of flow of all watercourses and the location of all floodplain lines.
(15) City limit lines.
(16) Vicinity map showing the proposed subdivision and surrounding streets within one-fourth (1/4) mile radius of the proposed subdivision. (17) Location of trees to remain in place and landscaping proposed to remain in public right-of-way.
(18) Show all proposed dedications and irrevocable offers of dedication on the parcel map or to be made by separate instrument.
(19) The location and sizes of existing and proposed utility lines and structures. (20) The elevation of sewers at the proposed connection (c) Owner’s Statement and Accompanying Data. Additional information relating to the subdivision which may not practicably be shown on the tentative map shall be contained in similar supplemental maps or written owner's statement which shall accompany the tentative map and include the following information.
(1) Existing use or uses of the property, present zoning, and General Plan designation.
(2) Proposed uses of the property indicating respective proportion of the total area of the subdivision represented by each.
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(3) General outline of proposed water system.
(4) Provisions for sanitary sewage disposal and general outline of proposed system. (5) Plan for surface drainage and flood control and general outline of proposed system.
(6) Proposed street improvements for sidewalk, curb and gutter, and paving of public ways, as required, indicating approximate location and dimensions of the proposed system.
(7) Environmental Information Form.
(8) Additional data and information, including fees, as may be required for the preparation and processing of environmental documents pursuant to the California Environmental Quality Act.
(9) Any other data or reports deemed necessary by the Zoning Administrator and/or the City Engineer.
(d) Transmittal of maps to public agencies and utilities. (1) When the tentative map is received and filed under the provisions of this title, the Zoning Administrator shall, within ten (10) days thereafter, transmit the tentative map to each of the following:
a. Public Works Director/City Engineer
b. Chief Building Official
c. Police Department
d. Fire Department
e. Field Services Manager
f. Office of Intergovernmental Management as required by the Government Code
g. Southern California Edison or other affected electric company h. The Gas Company or other affected gas company
i. Telephone Company or other affected phone company
j. Cable TV companies affected
k. School Districts as required by Section66455.7 of the Map Act l. Affected owner of irrigation ditches or canals, and any other public agency or public utility affected by the subdivision.
(2) Such public utility companies and public utilities shall review the parcel map and transmit any report or recommendations thereon to the Zoning Administrator who shall incorporate them into the report and recommendations to the advisory agency.
(3) The departments of the city to which the map is transmitted shall file with the Zoning Administrator within ten (10) days of receipt thereof its approval thereof or a report showing what changes are necessary to make such map conform to the Porterville Development Ordinance
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requirements of this title and the Map Act coming within the jurisdiction of such department.
(e) Consideration of tentative parcel maps. Not later than thirty (30) calendar days after the Zoning Administrator has received an application for a tentative map approval, the Zoning Administrator shall determine in writing whether such application is complete, and shall immediately transmit such determination to the applicant for the tentative map.
In the event that the application is determined not to be complete, the Zoning Administrator’s determination shall specify those parts of the application which are complete and shall specify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete. The Zoning Administrator may, in the course of processing the application, request the applicant to clarify, amplify, correct, or otherwise supplement the information required for the application. (1) The Parcel Map Committee shall review and approve, conditionally approve or disapprove the tentative parcel map within thirty (30) days after the date of acceptance of a complete application by the Zoning Administrator. Notice of the time and place of any public hearing shall be given in conformance with the provisions of Section 601.05, Public Notification.
(2) If the Parcel Map Committee determines that the tentative parcel map complies with all of the provisions of this article, General Plan, zoning ordinance, and the Map Act, it shall approve the map.
(3) If the tentative parcel map fails to meet one or more requirements set forth in this article, the Parcel Map Committee may approve the map subject to such conditions as may be necessary to conform to such requirements. (4) When approving or conditionally approving the tentative parcel map, the Parcel Map Committee shall specify the dedications and improvements to be made by the owner.
(5) Within seven (7) days after the action by the Parcel Map Committee, written notice of the action by the Parcel Map Committee shall be mailed to the applicant.
(6) Upon approval of the tentative parcel map by the Parcel Map Committee, the tentative parcel map shall be so marked and all conditions of approval and required dedications and improvements clearly specified on or with the map.
Copies of the approved tentative parcel map shall be filed with the Zoning Administrator and the City Engineer.
(f) Appeals. Tentative parcel map decisions by the Parcel Map Committee are subject to the provisions of Section 400.03 Appeals.
(g) Time limits and extensions of time on tentative parcel maps. Findings, time limits and extensions of time for tentative parcel maps shall be the same as provided for by 402.03, Expiration of Maps and Extensions of Time of this Series. (h) Improvements. Pursuant to the provisions of the Map Act, the subdivider shall install, construct and/or provide all on- or off-site improvements as required by the Parcel Map 400 Series: Land Divisions
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Committee; and such improvements shall be in conformance with all applicable provisions of 407.02, Improvements of this Series.
(i) Right-of-way dedications. Pursuant to the Map Act, the subdivider shall provide such dedication of right-of-way or easements as may be required by the Parcel Map Committee.
(j) Final parcel maps. Within the time limit designated in 402.03, Expiration of Maps and Extensions of Time of this Series, and upon the accomplishment of all dedication by certification on the map and required construction of all public improvements, or the execution of an agreement and provision of surety providing therefore and the payment of all applicable fees and charges, the applicant may file with the City Engineer, who shall approve, a final parcel map which shall substantially conform to the approved tentative parcel map and all applicable provisions of the Map Act. The appropriate statements as provided by the applicant in accordance with the provisions of the Map Act, shall be signed by the City Engineer upon the parcel map; and the final parcel map shall be transmitted to the Clerk of the County Board of Supervisors for ultimate transmittal to the county recorder.
(k) Survey requirement. In all cases where a parcel map is required, the parcel map shall be based on a field survey of the land conducted in accordance with the Land Surveyor’s Act of the State of California. All new lot corners shall be monumented and based on a field survey. At the discretion of the City Engineer, a parcel map may be compiled from recorded or filed data when sufficient recorded or filed data when sufficient recorded or filed survey monumentation presently exists to enable to retracement of the exterior boundary lines of the parcel map and the establishment of the interior parcel or lot lines of the parcel map.
405.03 Final Parcel Map
(a) Information on final parcel map. Each parcel shall be consecutively numbered. Each parcel shall have its area shown to the nearest one-hundredth (1/100) of an acre or nearest square foot. The exterior boundary of the land included within the parcel or parcels being created shall be indicated by a distinctive border applied to the reverse side of the tracings. Such border shall not interfere with the legibility of figures or other data. The map shall show the definite location of such parcel or parcels, and particularly the relationship to existing surveys.
(b) The final parcel map shall also contain the following information:
(1) The tentative parcel map number or vesting parcel map number, resolution number, and date of preparation, printed on the upper right hand corner of the face sheet.
(2) The net dimensions of each lot. No ditto marks shall be used. (3) The names, locations and right-of way widths of all abutting public streets. (4) The proposed location, purpose, and width of all proposed public roads and private access easements.
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(5) The boundaries of any private easement, whether an easement or record or a prescriptive easement, shall be shown by means of a dotted line; and the name of the person owning the easement shall be shown on the map. (6) Location and widths of easements for public utilities, if required. (7) The location and widths of watercourses and areas subject to inundation, and location of selected flood lines within the parcels being created. (8) Building setback lines, if applicable.
(9) A north point and graphic scale.
(10) Location of vicinity map at a minimum scale of one (1) inch equals one (1) mile.
Names and addresses of the owners of the property being divided. (c) Required statements
(1) All required dedications of rights-of-way or easements shall be certified on the final parcel map by appropriate statements in accordance with Section 66447 of the Map Act.
(2) All parties having any record title interest in the real property subdivided shall sign a statement on the final parcel map in accordance with Subsections 66436 and 66445 of the Map Act.
(3) A statement of the registered civil engineer or licensed land surveyor who prepared the survey and the parcel map in compliance with Section 66449 of the Map Act.
(4) A statement of execution by the City Engineer which complies with Section 66450 of the Map Act.
(5) A statement of execution by the Zoning Administrator on behalf of the Parcel Map Committee certifying that the final parcel map conforms to the approved tentative parcel map.
(6) Additional information to be filed or recorded with the final parcel map as required in accordance with Section 66434.2 of the Map Act. 405.04 Waiver of Requirements for Parcel Maps
(a) The requirement for a parcel map may be waived if a finding is made by the Parcel Map Committee that the proposed division of land complies with all requirements of this Ordinance as to area, improvement and design, drainage control, street dedications and improvements, sewer and water supply availability and environmental protection. No parcel map will be required for tentative maps approved under this section. (b) Approval of an application for a waiver of the requirement of a parcel map shall automatically constitute approval for the issuance of a certificate of compliance pursuant to the provisions of Section 66499.35 of the Map Act. When approval has been given to an application for a waiver of the requirement of a parcel map, the Zoning Administrator and City Engineer shall issue a resolution approving the waived parcel map, and shall cause said resolution to be filed with the county recorder. 400 Series: Land Divisions
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Chapter 406 Reversions, Mergers, and Lot Line Adjustments Sections:
406.01 Reversion to Acreage
406.02 Mergers
406.03 Lot Line Adjustments
406.01 Reversion to Acreage
(a) Purpose. The purpose of this section is to establish procedures and standards, consistent with the requirements of the Subdivision Map Act, for the reversion of previously subdivided property to acreage.
(b) Initiation of Proceedings. Proceedings for reversion to acreage may be initiated by the Parcel Map Committee on its own motion or by petition of all of the owners of record of the real property within the subdivision.
(c) Contents of Petition. The petition shall be in a form prescribed by the Zoning Administrator and shall contain the following:
(1) Adequate evidence of title to the real property within the subdivision. (2) Sufficient data to enable the legislative body to make all of the determinations and findings required by this Series, including a three hundred (300) foot radius map and property owners list.
(3) A final map which delineates dedications which will not be vacated and dedications which are a condition to reversion if applicable and which sufficiently describes all property to be reverted to acreage.
(4) Such other pertinent information as may be required by the Zoning Administrator and City Engineer.
(d) Public Hearing. A public hearing shall be held on the proposed reversion to acreage.
Notice of the time and place of any public hearing shall be given in conformance with the provisions of Section 601.05, Public Notification.
(e) Required Findings. Subdivided real property may be reverted to acreage and a final map approved for recordation only if the Parcel Map Committee finds that:
(1) Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes if applicable.
Such determination regarding dedicated public streets shall be made by the City Council in accordance with Division 9, Part 3 of the Streets and Highways Code of the State of California.
(2) Either:
a. All owners of an interest in the real property within the subdivision have consented to reversion; or
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b. None of the improvements required to be made have been made within two (2) years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is the later; or
c. No lots shown on the final map or parcel map have been sold within five (5) years from the date such map was filed for record.
(f) Conditions of Approval. As conditions of reversion, the following shall be required:
(1) Dedications or offers of dedication necessary for the purposes specified by city ordinance following reversion.
(2) Retention of all previously paid fees if necessary to accomplish the purposes of this Ordinance adopted pursuant thereto.
(3) Retention of any portion of required improvement security or deposits if necessary to accomplish the purposes of this Ordinance adopted pursuant thereto. (g) Effective Date. Reversion shall be effective upon the final map being filed for record by the county recorder, and thereupon all dedications and offers of dedication not shown thereon shall be of no further force or effect.
(h) Deposits and Securities. When a reversion is effective, all fees and deposits shall be returned and all improvement security released, except those retained pursuant to applicable city ordinance, including the stipulations of this Series. 406.02 Mergers
(a) Required Mergers. Two (2) or more contiguous parcels or units of land which have been subdivided under the provisions of the Map Act or any prior law regulating the division of land or a local ordinance enacted pursuant thereto, or which were not subject to such provisions at the time of their creation, shall not merge simply by virtue of the fact such contiguous parcels or units are held by the same owner. No further proceeding under the provisions of the Map Act or this Series enacted pursuant thereto shall be required for the purpose of sale, lease or financing of such contiguous parcels or units, except, however, the city may provide for the merger of a parcel or unit with a contiguous parcel or unit held by the same owner if all of the following requirements are satisfied:
(1) At least one (1) of the affected parcels is not developed with a structure, other than an accessory structure, for which a building permit was issued by the local agency, or which was built prior to the time such permits were required by the local agency.
(2) With respect to any affected parcel, one (1) or more of the following conditions exists:
a. Comprises less than five thousand (5,000) square feet in area at the time of the determination of merger.
b. Was not created in compliance with applicable laws and ordinances in effect at the time of its creation.
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c. Does not meet current standards for sewage disposal and domestic water supply.
d. Does not meet slope stability standards.
e. Has no legal access which is adequate for vehicular and safety equipment access and maneuverability.
f. Its development would create health or safety hazards. g. Is inconsistent with the applicable General Plan and any applicable specific plan, other than minimum lot size or density standards. (b) City Initiation Merger. Notification of Intention to Merge. Prior to recording a notice of merger, the Zoning Administrator shall cause to be mailed by certified mail to the current record owner of the property a notice of intention to determine status, notifying the owner that the affected parcels may be merged pursuant to standards specified in the merger ordinance, and advising the owner of the opportunity to request a hearing on determination of status and to present evidence at the hearing that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for record with the Tulare County Recorder on the date that notice is mailed to the property owner.
(1) Request for Hearing. At any time within thirty (30) days after recording of the notice of intention to determine status, the owner of the affected property may file with the Zoning Administrator a request for a hearing on determination of status. (2) Procedure for Hearing. Upon receiving a request for a hearing on determination of status, the Zoning Administrator shall fix a time, date and place for a hearing to be conducted by the City Council, and shall so notify the property owner by certified mail. The hearing shall be conducted not less than thirty (30) days following the receipt of the property owner’s request therefor, but may be postponed or continued with the mutual consent of the Zoning Administrator and the property owner.
(3) Procedure for Determination Following Hearing. At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the standards for merger specified in the merger ordinance. At the conclusion of the hearing, the City Council shall make a determination that the affected parcels are to be merged or are not to be merged and shall so notify the owner of its determination. A determination of nonmerger may be made whether or not the affected property meets the standards for merger specified in paragraphs (1) and (2) above. A determination of merger shall be recorded within thirty (30) days after conclusion of the hearing. (4) Determination When No Hearing is Requested. If, within the thirty (30) day period specified in paragraph (1) above, the owner does not file a request for a hearing, the Zoning Administrator may, at any time thereafter, make a determination that the affected parcels are to be merged or are not to be merged.
A determination of merger shall be recorded with the Tulare County Recorder which specifies the names of the property owners and particularly describes the real property in question no later than ninety (90) days following the mailing of the notice required by paragraph (2) above.
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(5) Notice of Intention for Nonmerger. If, in accordance with paragraph (3) or (4) above, the Zoning Administrator or City Council determines that the subject property shall not be merged, it shall cause to be recorded a release of the notice of intention to determine status, and shall mail a clearance letter to the current owner of record.
(c) Property Owner Initiated Merger of Contiguous Parcels. Pursuant to Government Code Section 66499.20 ¾, a property owner owning contiguous parcels is authorized to merge those contiguous legal parcels without requiring the property to be reverted to acreage. Such merger shall be accomplished in accordance with the following procedures:
(1) The property owner shall file an application for merger with the Zoning Administrator, submit evidence of title to all parcels to be affected, submit a proposed certificate of compliance, and pay the processing fee established by resolution of the City Council. Mergers shall be in the form and contain the information required of a tentative map together with a legal description of the merged parcel.
a. The Zoning Administrator and City Engineer shall consider and approve the application if it is found that the parcel created by the merger will conform to the requirements of this code and applicable state law. b. The merger shall be evidenced by recording a certificate of compliance which lists the parcel numbers affected and is signed by the Zoning Administrator and City Engineer. The certificate of compliance shall be recorded concurrently with any deed of easement regarding the relocation or elimination of applicable easements. The certificate of compliance shall be recorded against each parcel that is merged.
(d) Certificate of Compliance
(1) Any person owning real property may request, and the Zoning Administrator shall determine, whether such real property complies with the provisions of the Map Act and of this Series. Upon making such a determination, the Zoning Administrator shall cause a certificate of compliance to be filed for record with the county recorder. The certificate of compliance shall identify the real property and shall state that the division thereof complies with applicable provisions of the Map Act and of this Series. The Zoning Administrator may impose a reasonable fee to cover the cost of issuing and recording the certificate of compliance. (2) If the Zoning Administrator determines that such real property does not comply with the provisions of the Map Act or of this Series, he may, as a condition to granting a certificate of compliance, impose such conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property and which had been established at such time by the Map Act or this Series. Upon making such a determination and establishing such conditions, the Zoning Administrator shall cause a conditional certificate of compliance to be filed for record with the county recorder. Such certificate shall serve as notice to the property owner who has applied for the certificate pursuant to this section, a grantee of the property owner, or any subsequent transferee or 400 Series: Land Divisions
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assignee of the property that the fulfillment and implementation of such conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property. Compliance with such conditions shall not be required until such time as a permit or other grant of approval for development of such property is issued by the city. 406.03 Lot Line Adjustments
(a) Lot Line Adjustment. Pursuant to Government Code Section 66412(d), a lot line adjustment between four (4) or fewer existing adjoining parcels, where the land taken from one (1) parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed is not thereby created, may be approved by the City Engineer and Zoning Administrator or authorized representatives without the approval and filing of a parcel map. Such lot line adjustments shall be accomplished in accordance with the following procedures:
(1) Applications for lot line adjustments shall be filed with the Zoning Administrator and shall be in the form and contain the information required of a tentative map together with legal descriptions of each parcel.
(2) The property owner(s) or agent shall file an application for a lot line adjustment with the city, submit evidence of title to all parcels to be affected, submit a proposed lot line adjustment map and legal description, and pay the processing fee established by resolution of the City Council.
(3) The Zoning Administrator and City Engineer shall consider and approve the application if it is found that the parcels created by the lot line adjustment will conform to the requirements of this Ordinance and applicable state law. Criteria to be considered includes, but is not limited to, standards relating to lot width and depth and minimum lot area.
(4) The lot line adjustment shall be evidenced by recording a deed describing each affected parcel and a city resolution signed by the Zoning Administrator and City Engineer. The deed and resolution shall be recorded concurrently with any easement deed regarding the relocation or elimination of applicable easements. (b) The City Engineer shall not impose any conditions on the approval of a lot line adjustment except to comply with the requirements of subsection (a) above. Any improvements that are required to be installed or constructed shall be constructed pursuant to the requirements of this chapter.
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Chapter 407 Dedications, Reservations and Improvements
Sections:
407.01 Dedications
407.02 Improvements
407.03 Design and Construction Standards
407.01 Dedications
(a) Purpose. The purpose of this chapter is to establish the dedications and reservations that the city may impose on a subdivider as a condition for approval of a tentative map. (b) Required Dedications. When required as a condition for approval of a tentative map, the subdivider shall dedicate or make an irrevocable offer of dedication of land within the subdivision that is needed for streets, alleys, including access rights and abutter’s rights, drainage easements, elementary school sites, parks, and other easements and parcels of land intended for public use according to the standards listed below. In addition, the subdivider shall improve or agree to improve all streets and alleys, including access rights and abutters’ rights, drainage, public utility easements and other public easements. (1) Streets. The subdivider shall dedicate land for streets according to adopted City Standards. Partial streets shall be discouraged in developments except in those situations where warranted and when approved by the City Engineer in accordance with the following:
a. Where a full pavement street is constructed along the perimeter of a subdivision, the subdivider be compensated for this construction by reimbursement agreement between the subdivider, the city and the adjoining property owner when development occurs on his property. b. Where a partial street configuration is allowed, the outside edge shall be a thickened design approved by the City Engineer, and that when the other portion of the street is constructed by development, the subdivider shall be required to overlay the existing partial street with pavement (making for a smooth transition at the center and a smoother traveled way). No parking signs shall be posted by the subdivider if there are no lots fronting on the partial street.
c. When there are lots fronting on the partial street the dedication and improvement shall be wide enough to permit two (2) lanes of traffic and on-street parking on one (1) side.
(2) Waiver of Direct Access Right. The City Engineer or Public Works Director may require that offers of dedication of streets include a waiver of direct access rights from any property shown on the final map as abutting thereon. (3) Public Easements. The subdivider shall dedicate easements of at least ten (10) feet in width for public utility, sanitary sewer and drainage purposes on each side of rear lot lines, along side lot lines, and in planting strips wherever necessary.
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Easements of different width may be required, based on the Public Works Director’s determination.
(4) Drainage Facilities. In accordance with Government Code Section 66483, the city, as appropriate and as permitted by law, shall require payment of fees for purposes of defraying the costs of constructing planned drainage facilities if any part of the land division is located within a planned drainage area. If the subdivider installs planned drainage facilities, fees shall be reduced accordingly.
Fees required pursuant to this section and associated with residential development shall be paid consistent with the provisions of Section 66007 of the California Government Code.
(5) Bicycle Paths. When required as a condition for approval of a tentative map, the subdivider shall dedicate or make an irrevocable offer of dedication of land that is needed to provide bicycle paths for the use, safety, and benefit of the residents of the subdivision.
(6) Bridges and Major Thoroughfares. If a land division or any portion thereof lies within an area of benefit established in accordance with this Ordinance or any other city ordinance adopted in accordance with Section 66484 of the Subdivision Map Act, the subdivider shall pay to the city the apportioned fees applicable to that portion of the land division lying within such area of benefit, in accordance with the requirements of subparagraph d below.
a. Considerations In Lieu of Fees. The City Council may allow any subdivider to furnish a consideration in lieu of payment of the fees mentioned in the preceding paragraph, if the Council finds that such consideration has a value not less than the fees that would otherwise be payable. The form of consideration in lieu of fees may include, but shall not be limited to, any of the following or a combination thereof:
1. Construction of all or part of a bridge project or major thoroughfare project, as the case may be, for which the area of benefit was established.
2. Dedication or conveyance of all or part of the site or right-of-way required for major construction of a bridge project or major thoroughfare project, as the case may be, for which the area of benefit was established.
b. Value In Excess of Fees. If the City Council finds that the consideration in lieu of fees has a value in excess of the amount of fees that would be otherwise payable, the Council may enter into an agreement with the party furnishing such consideration for reimbursement of the amount of such excess from moneys, then in or which may later accrue to, the fund into which such party would have been required to pay fees but for such consideration in lieu of fees, and to reimburse such party from such fund in accordance with such agreement.
c. Requirement to Construct Facilities. The city shall require a subdivider to construct any necessary bridge facilities, major thoroughfares, parts thereof, or contribute to bridge facility or major thoroughfare costs if the City Council finds that:
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1. The subdivider's cost or contribution would not exceed the cost of a local facility in lieu of such bridges or major thoroughfares; or
2. A proceeding has been commenced for establishing an area of benefit for such bridge project or major thoroughfare project and has been abandoned by reason of majority protest, and that there is a reasonable probability that use of a local facility in lieu of such bridge would by reason of traffic, including but not limited to traffic which may be generated by such land division, constitute a hazard to public safety.
d. Establishing Area of Benefit. An area of benefit as referred to in this section shall be established in the following manner:
1. The City Council shall hold a public hearing for each area of benefit to be established. Notice of such hearing shall be given in accordance with Government Code Section 65091. Such notice shall contain preliminary information related to the boundaries of the proposed area of benefit, the estimated cost of the bridge project or major thoroughfare project, as the case may be, the proposed allocation to the area of benefit, and the proposed method of fee appointment. Such notice shall also state the date, time and place of the public hearing, and that written protests may be filed as provided in this section.
2. Owners of property within the proposed area of benefit may file written protests with the City Clerk at any time prior to the date and time fixed for such public hearing. Any protest may be withdrawn by the owner of the land making the protest by a request in writing filed with the City Clerk at any time prior to conclusions of such public hearing.
3. If a written protest by the owners of more than one-half (.5) of the area of the property to be benefited by the improvement, against establishment of such area of benefit or against the proposed improvements or acquisitions, is not withdrawn prior to the conclusion of the hearing, then the proceedings shall be abandoned. In such event, the City Council shall not, for at least one (1) year from the date of such hearing, commence or carry on any proceedings for establishment of an area of benefit for the same improvements or acquisitions.
4. If a written protest by the owners of more than one-half (.5) of the area of the property to be benefited by the improvement, is not withdrawn prior to the conclusion of the hearing, against only a portion of the proposed improvement or acquisition, then the proceedings shall be abandoned with respect to the proposed improvement or acquisition that has been protested against. In such event, the City Council shall not, for at least one (1) year from the date of such hearing, commence or carry on any proceedings for the establishment of an area of benefit for the Porterville Development Ordinance
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improvement or acquisition so protested against. Nothing in this subsection shall be deemed to prohibit the Council, within such one (1) year period, from commencing or carrying on new proceedings for the establishment of an area of benefit for the part of the improvement or acquisition protested, if it finds by the affirmative vote of at least four-fifths (4/5) of its members, that the owners of more than one-half (.5) of the area of the property to be benefited are in favor of going forward with such portion of the improvement or acquisition.
5. At such public hearing, the City Council shall determine whether to establish such area of benefit, and if so, shall adopt a resolution prescribing the boundaries of the area of benefit, stating the cost, whether actual or estimated, a fair method of allocation of costs to the area of benefit, and a fair apportionment of fees. A certified copy of such resolution shall be filed for record with the county recorder.
6. In case of a requirement for any bridge, the City Council shall find that, prior to said public hearing, the city has adopted at least thirty (30) days prior to the filing of any tentative map, a circulation element as part of the General Plan, which identifies railways, freeways, streams or canyons for which bridge crossings are required, and that the bridge or each bridge for which such area of benefit is established is one necessary to satisfy such bridge crossing requirement in such element or provisions of the general plan.
7. In case of a requirement for any major thoroughfare, the City Council shall find that, prior to said public hearing, the city has adopted at least thirty (30) days prior to the filing of any tentative map, a circulation element as part of the General Plan that identifies those major thoroughfares whose primary purpose is to carry through traffic and provide a network connecting to the state highway system, and that the major thoroughfare or section thereof for which such area of benefit is established is one so identified in such circulation element.
8. The resolution adopted by the City Council shall require that the apportioned fees shall be applicable to all property within the area of benefit and shall be payable as a condition of approval of any final map or any parcel map or a condition to issuing a building permit thereon, consistent with the provisions of Section 53077.5 of the Government Code.
9. The area of benefit may include land or improvements in addition to the land or improvements that are the subject of any map or building permit application considered at such hearing.
10. Where the area of benefit includes lands not subject to the payment of fees pursuant to this section, the City Council shall 400 Series: Land Divisions
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make provisions for payment of the share of improvement costs apportioned to such lands from other sources.
11. In the case of major thoroughfares, the method of fee apportionment shall not provide for higher fees on land that abuts the proposed improvement, except where the abutting property is provided direct usable access to the major thoroughfare.
12. In case of major thoroughfares, the payment of fees shall not be required unless the major thoroughfare is in addition to, or a reconstruction of, any existing major thoroughfares serving the area at the time of establishment of the zone of benefit.
13. In the case of a planned bridge facility, the payment of fees shall not be required unless the planned bridge facility is an original bridge serving the area of benefit or is an addition to an existing bridge facility serving such area at the time of establishment of the zone of benefit. No fees contributed shall be expended to reimburse the cost of construction of any bridge existing at the time of establishment of the zone of benefit.
e. Planned Bridge Facility Fund. A planned bridge facility fund shall be established for a bridge project within an area of benefit, or if the area of benefit is one in which more than one (1) bridge is required to be constructed, a fund shall be established covering all such bridge projects.
Fees paid pursuant to this section on account of a bridge or bridges within an area of benefit shall be deposited into the fund for such area. f. Planned Major Thoroughfare Fund. A planned major thoroughfare fund shall be established for each planned major thoroughfare project and each particular area of benefit which it benefits. Fees paid pursuant to this section on account of a major thoroughfare project within an area of benefit shall be deposited into the fund for such area. g. Expenditure of Bridge and Major Thoroughfare Facility Funds. Moneys in such funds shall be expended solely for the construction of the improvement project serving the area to be benefited as follows:
1. To reimburse the city for costs advanced or incurred by it for construction of such improvement project or any portion thereof; and
2. To reimburse any subdivider for the agreed portion of his or her costs of construction of such improvement project, or portion thereof, in accordance with a reimbursement agreement entered into with the city, as mentioned in subparagraph b above.
3. In the event that monies in such funds are insufficient to accomplish all of the purposes that this section lists, such monies in the fund shall be apportioned to each such purpose on a pro rata basis.
h. Project Completion. After completion of all bridge facility projects for which a planned bridge facility fund has been established or all major Porterville Development Ordinance
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thoroughfare projects for which a planned major thoroughfare fund has been established, or in the event of abandonment of any such project, and after reimbursement of the city and each subdivider entitled thereto under a reimbursement agreement, as mentioned in subparagraph b above, the City Council shall determine by resolution the amount of the surplus, if any, remaining in any such funds or as may accumulate in such funds from time to time. The City Council shall order any such surplus refunded as follows:
1. There shall be refunded to the current owners of property for which a fee was previously collected the balance of such monies in the same proportion which each individual fee collected bears to the total of all individual fees collected from the particular area of benefit For the purposes of this paragraph, the term "property for which a fee was previously collected" shall be deemed to include land within any land division with respect to which such fees were paid as a condition to its approval and any building with respect to which such fees were paid as a condition to issuing a building permit therefor. For purposes of this paragraph, the term "fee collected" shall include, in the case of a subdivider who has entered into a reimbursement agreement with the city, the aggregate amount of cash fees and the value of the consideration in lieu of fees furnished by such subdivider.
2. Where property for which a fee was previously collected has subsequently been subdivided into more than one (1) lot, each current owner of a lot shall share in the refund payable to the owners of the property for which a fee was previously collected in the same proportion which the area of each individual lot bears to the total area of the property for which a fee was previously collected.
3. There shall be transferred to the city general fund any remaining portion of the surplus that has not been paid to or claimed by the persons entitled thereto within two (2) years from the date of adoption of the resolution declaring a surplus.
4. For the purposes of this paragraph, the term "fee collected" or any variation thereof, shall also be deemed to include the amount of fees that would have been payable by a subdivider but for furnishing consideration in lieu of fees.
i. Advances and Voluntary Contributions. The City Council may authorize advancement of money from the city general fund or from the road fund to pay the cost of constructing any bridge project or major thoroughfare project and may reimburse such fund or funds for such advances from the planned bridge facility fund or the planned major thoroughfare fund established to finance the construction of such improvements. 400 Series: Land Divisions
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1. Nothing in this section shall be deemed to preclude the city from providing funds for the construction of bridge facilities or major thoroughfares to defray costs not allocated to an area of benefit.
2. Nothing in this section shall be deemed to preclude the subdivider from volunteering to construct a bridge or major thoroughfare or part thereof, or to contribute to the cost thereof, in excess of the cost of a local facility, nor to preclude the city from participating in such construction or carrying out such construction using money so contributed.
(7) Transit Facilities. When required as a condition for approval of a tentative map, the subdivider shall dedicate or make an irrevocable offer of dedication of land within the subdivision for local transit facilities such as bus turnouts, benches, shelters, landing pads and similar items that directly benefit the residents of a subdivision.
(8) Railroad and Grade Crossings. The City Council or the Parcel Map Committee shall review proposed subdivision plans with respect to existing railroad crossings and proposed or likely grade separations or other such facilities and shall require such changes as may be necessary to ensure that the design and improvement of the subdivision does not interfere with such future grade separations or other measures. The subdivider shall dedicate or make an irrevocable offer for dedication of the rights-of-way required for any grade separation or similar improvement that the General Plan Circulation Element proposes.
(9) Solar Access Easements. At such time as the city has adopted solar access standards, and when required as a condition for approval of a tentative map, the subdivider shall dedicate or make an irrevocable offer of dedication of easements for the purpose of assuring that each parcel or unit in the subdivision for which approval is sought has the ability to receive sunlight across adjacent parcels or units in the subdivision for any solar energy system. The dimensions and locations of such easements shall be in accord with any standards for solar access adopted by the City Council.
(10) Parkland. As a condition of approval of a tentative map, the city shall require the subdivider to dedicate or make an irrevocable offer of dedication of land, to pay a fee in lieu thereof, or a combination of both, for neighborhood and community open space, park and recreational purposes. In order to conform to the policies of the General Plan and maintain existing standards for parks and recreation facilities, the park area required to be dedicated shall be equal to the ratio of the ultimate population of the subdivision to the current population of the city multiplied by the total park area within the city’s planning area at the time of filing of the tentative but in no case shall be less than three (3) acres of park area per one thousand (1,000) persons nor more than five (5) acres per one thousand (1,000) persons who will live in the subdivision, calculated as follows:
a. The ultimate population of the subdivision is based upon the approved residential density and the average household size for the type of unit; Porterville Development Ordinance
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b. Total population of the city shall be as reported in the most recent available federal census;
c. Current park acreage shall be the amount of neighborhood and community park acreage identified in the General Plan or any more recent records, maps, or reports.
(11) Elementary School Sites. As a condition of approval of a final subdivision map, a subdivider who develops or completes the development of one (1) or more subdivisions within one (1) or more school districts maintaining an elementary school may be required to dedicate to the school district or districts such lands as the district shall deem necessary for the purpose of constructing elementary schools necessary to assure the residents of the subdivision adequate elementary school service.
a. Procedure. The requirement of dedication shall be imposed at the time of approval of the tentative map. If within thirty (30) days after the requirement of dedication is imposed by the city the school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time, before, concurrently with, or up to sixty (60) days after the filing of the final map on any portion of the subdivision.
b. Payments to Subdivider. The school district shall, if it accepts the dedication of land, repay the subdivider the original cost of the dedicated land, plus a sum equal to the total of the following:
1. Improvement Costs. The cost of any improvements to the dedicated land since acquisition by the subdivider;
2. Assessed Taxes. The taxes assessed against the dedicated land from the date of the school district’s offer to enter into the binding commitment to accept the dedication;
3. Other Costs. Any other costs incurred by the subdivider to maintain the dedicated land, including interest costs incurred on any loan on the land.
c. Exceptions. The requirements for dedication shall not apply to a subdivider who has owned the land being subdivided for more than ten (10) years prior to the filing of the tentative map.
(c) Acceptance of Dedications. At the time the city approves a final map or parcel map, the city shall also accept subject to improvement, or reject, any offer of dedication. The Council or the City Engineer, on behalf of the City Council pursuant to Section 1806 (c) of the Streets and Highways Code, may accept said dedications. The City Clerk shall certify or state on the map the city’s action.
(1) Offers of Dedication. If at the time the final map is approved, any streets, paths, alleys, or storm drainage easements are rejected, the offer shall remain open and the Council or the City Engineer may, by resolution at any later date and without any further action by the subdivider, rescind the city’s action and accept and open 400 Series: Land Divisions
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the streets, paths, alleys or storm drain easements for public use which acceptance shall be recorded in the office of the county recorder. Dedications and acceptance or rejection of parcels of land for elementary school sites, public utility and other easements on parcels of land not previously specified shall be in accordance with the provisions of the Map Act.
(2) Termination of Offers. Offers of dedications may be terminated and abandoned in the same manner as prescribed for the summary vacation of streets by Part 3 (commencing with Section 8300) of Division 9 of the Streets and Highways Code.
(d) Recording Dedications. The city shall record a certificate with the county recorder for any dedication in fee for public purpose or for making public improvements or constructing public facilities, other than for open space, parks, or schools. The certificate shall be attached to the map and shall contain all of the following:
(1) The name and address of the subdivider dedicating the property. (2) A legal description of the real property being dedicated. (3) A statement that the city shall reconvey the property to the subdivider if the city makes a determination that the same public purpose for which the property was dedicated does not exist, or the property or any portion thereof is not needed for public utilities.
(e) Reservations
(1) General. As a condition of approval of a tentative map, the subdivider shall reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries or other public uses according to the standards and formula contained in this section.
(2) Standards for Reservation.
a. Such requirement is based upon an adopted specific plan or an adopted General Plan containing policies and standards for those uses, and the required reservations are in accordance with those policies and standards. b. The ordinance has been in effect for a period of at least thirty (30) days prior to the filing of the tentative map.
c. The reserved area is of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner.
d. The amount of land reserved will not make development of the remaining land held by the subdivider economically unfeasible. The reservation area shall conform to the adopted specific plan or General Plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period; in such event, the subdivider shall make those changes as are necessary to permit the reserved area to be developed for the intended purpose consistent with good subdividing practices.
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(3) Procedure. The city shall, at the time of approval of the final map or parcel map, enter into an agreement to acquire such reserved area within two (2) years after completion and acceptance of all improvements required as a condition of such map, unless such period of time is extended by mutual agreement. (4) Payment. The purchase price shall be the market value thereof at the time of the filing of the tentative map plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of such reserved area, including interest costs incurred on any loan covering such reserved area.
(5) Termination. If the city does not enter into the agreement required, the reservation of such area shall automatically terminate. 407.02 Improvements
(a) General Requirements. The subdivider shall install improvements in accord with the general requirements set forth in this chapter; provided, however, the City Engineer or Public Works Director may require changes in typical sections and details if unusual conditions arise to warrant such changes.
(b) Standard Specifications. All improvements shall conform to the requirements contained in the City of Porterville Standard Plans and Specifications, Standard Specifications for Public Works Construction, Caltrans Standard Specifications for street structural section components, and Work Area Traffic Control Handbook, as all of same now exist or are subsequently amended. Copies shall be maintained on file in the office of the City Clerk and the City Engineer or Public Works Director.
(c) Improvement Plans. Construction of improvements shall not commence until calculations, plans, profiles, and specifications for such work have been submitted to and approved by the City Engineer. Such items shall be approved prior to recording the final map. Construction of all improvements shall conform to the approved improvement plans and specifications and approved amendments thereto. After construction is completed, the subdivider’s engineer shall show all changes made on the original set of plans and provide them to the city marked “as built plans.”
(d) Improvement Construction Inspection and Supervision. All improvements shall be inspected and approved by the City Engineer or Public Works Director or his authorized representative. The subdivider shall be responsible for the actions of his contractor.
Twenty-four (24) hours minimum notice will be required prior to an inspection by city personnel.
(e) Plan Check and Inspection Fees. Subdivider shall be required to pay a plan check and inspection fee which shall include all charges for engineering and inspection services and rendered by the city including the cost of recording maps. The plan check and inspection fee shall be as indicated in the City Comprehensive Fee Schedule.
The plan check fee shall be paid prior to commencement of plan checking by the city.
The inspection fee shall be paid prior to any construction work requiring inspection. 400 Series: Land Divisions
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(f) Required Improvements Enumerated. The subdivider shall improve, or agree to improve, all streets, highways, or ways in or adjacent to the subdivision. All improvements shall be installed to permanent line and grade in accordance with the approved improvement plans for that subdivision on file with the City Engineer or Public Works Director. Improvements which the subdivider shall make, or agree to make, at the cost of the subdivider, shall be as follows:
(1) Underground Utilities. All utility distribution facilities, including but not limited to electric, communication, and cable television lines installed in and for the purpose of supplying service to any subdivision, shall be placed underground in accordance with the utility’s rules and regulations on file with the California Public Utilities Commission. Equipment appurtenant to underground facilities, such as surface-mounted transformers, street light poles, pedestal mounted terminal boxes and meter cabinets and concealed ducts may be installed above the surface of the ground. The subdivider is responsible for complying with the requirements of this section and shall make the necessary arrangements with the utility companies involved for the installation of said facilities. All underground utilities, sanitary sewers, and storm drains installed in streets, service roads, alleys or highways shall be constructed in accordance with the standard specifications prior to the surfacing of such street, service road, alley or highway. Service connections for all underground utilities and sanitary sewers shall be placed in such length as will obviate the necessity for disturbing the street or alley improvements when service connections thereto are made. (2) Streets. All streets shall be graded and surfaced to cross sections and grades approved the City Engineer or Public Works Director.
(3) Structures. Structures shall be installed as required for drainage, access and/or public safety. Such structures shall be placed to grades and shall be of a design approved by the City Engineer or Public Works Director. (4) Grading and Drainage. Site grading and drainage taking into consideration the drainage pattern of adjacent improved and unimproved property and treating upstream areas, where appropriate, as though fully improved. (5) Sidewalks, Curbs, Gutters and Driveway Approaches. Curbs, gutters, sidewalks and driveway approaches shall be installed to grades approved by the City Engineer or Public Works Director.
(6) Sanitary Sewers. Sanitary sewer facilities connecting with the existing city sewer system shall be installed to serve each lot and to grades, locations, design and size approved by the City Engineer or Public Works Director. No septic tanks or cesspools shall be permitted.
(7) Storm Drains. Storm water sewers shall be installed as required by the City Engineer or Public Works Director.
(8) Water Supply. Each unit or lot within the subdivision shall be served by an approved domestic water system.
(9) Fire Flow and Fire Hydrants. As provided in the California Fire Code, an approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises upon which buildings or portions of buildings Porterville Development Ordinance
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are hereafter constructed. The required fire flow shall be determined by the Fire Chief.
a. The location, number, and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on the public street or on the site of the premises to be protected as required and approved by the Fire Chief. All hydrants shall be accessible to the Fire Department by access roadways meeting California Fire Code requirements for “Access Roadways for Fire Apparatus”. Such fire protection facilities including all surfaces access roads shall be installed and made serviceable by the subdivider prior to the time of construction. b. When fire hydrants density, as determined by the hydrant spacing requirement, is not sufficient to provide the required fire flow, additional fire hydrants may be required by the Chief.
c. Design, locations, and layout of water mains and fire hydrants shall be approved by the City Engineer and the Fire Chief, and shall be installed by the subdivider.
d. The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on the public street or on the site of the premises to be protected as required and approved by the chief. All hydrants shall be accessible to the fire department apparatus by access roadways meeting California Fire Code requirements for Access Roadways for Fire Apparatus. Such fire protection facilities, including all surface access roads, shall be installed and made serviceable by the subdivider prior to the time of construction. (10) Subdivision Trees. Subdivision trees and landscaping design shall be approved by the city and shall be planted at a time and in locations approved by the City Director of Parks and Leisure Services, all in general accord with the requirements of the Porterville Municipal Code.
a. At least one (1) tree shall be planted on each residential lot. Five (5) gallon trees shall be installed upon all lots abutting interior, local and collector street, and fifteen (15) gallon trees shall be planted upon parcels having frontage on arterial thoroughfares.
b. The subdivider shall be required to plant street trees at thirty-five (35) feet on center along all parkways within and/or bordering the subdivision. (11) Street Signs. Street signs shall be installed by the city at the subdivider’s expense.
Any required barricades to prevent traffic access at dead-end streets shall be provided by the subdivider in accord with the standard specifications. (12) Street Lights. Street lights shall be installed by the subdivider at locations designated by the City Engineer.
(13) Railroad Crossings. Provisions shall be made for any and all railroad crossings necessary to provide access to, or circulation with, the proposed subdivision, including the preparation of all documents necessary for application to the Public 400 Series: Land Divisions
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Utilities Commission of the State of California for the establishment and improvement of such crossing.
(14) Lot Corners. The subdivider’s engineer shall set at all lot corners a marker consisting of a one (1) inch diameter iron pipe twenty-four (24) inches long, with the surveyor or engineer’s marker thereon.
(15) Benchmarks. The subdivider’s engineer shall set at least two (2) bench marks in the subdivision tied to North American Vertical Datum of 1988. (16) Temporary Drainage Reservoir lots. Temporary drainage reservoir lots, when approved, shall be designed and constructed to the requirements of the City Engineer or Public Works Director and the Director of Parks and Leisure Services.
(17) Others. Other improvements deemed necessary by the City Council for the public health, safety or welfare.
(g) Agreement for Installation of Improvements. Prior to the approval by the City Council of the final map, the subdivider shall execute and file an agreement between the subdivider and the city, specifying a period of time, agreeable to the City Engineer or Public Works Director, which shall be not greater than one (1) year, within which he shall complete all improvement work to the satisfaction of the City Engineer or Public Works Director, and providing that if the subdivider shall fail to complete such work within such period, the city may complete the same and recover the full cost and expense thereof from the subdivider. The agreement shall also provide for inspection of all improvements by the City Engineer or Public Works Director or his authorized representative and reimbursement to the city by the subdivider for the cost of such inspection. Such agreements may also provide:
(1) For the construction of the improvements in units.
(2) For an extension of time under conditions therein specified. (3) For the termination of the agreement upon the completion of proceedings under an assessment district act for the construction of improvements deemed by the City Engineer or Public Works Director to be at least the equivalent of the improvements specified in such agreement and required to be constructed by the subdivider.
(4) For progress payments to the subdivider, or his order, from any deposit money which the subdivider may have made in lieu of providing a surety bond, as provided in this chapter; provided, however, that no such progress payment shall be made for more than ninety (90) percent of the value of any installment of work, and provided that each such installment of work shall be completed to the satisfaction of the City Engineer or Public Works Director. (5) The subdivider to arrange a preconstruction conference with the city, involving representative(s) of all contractors who are to work on the improvements, one (1) week prior to the initial start of construction.
(6) The subdivider to give the city twenty-four (24) hours’ notice to restarting work if no construction work has been done for two (2) or more prior work days.
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(h) Construction of Improvements Absent Subdivision Agreement. If the subdivider chooses to construct improvements absent a subdivision agreement, pertaining to the improvements to be constructed, as specified in Section 407.02(g), Agreement for Installation of Improvements, then the subdivider shall execute and file a preliminary subdivision agreement between the subdivider and the city. The preliminary subdivision agreement shall specify a period of time, not to exceed one (1) year, within which all improvements shall be completed, and providing that if the subdivider shall fail to complete such work within such period, the city may increase inspection fees to recover any additional inspection costs incurred by the city. Such agreements may also provide for:
(1) The subdivider to arrange a preconstruction conference with the City, involving representative(s) of all contractors who are to work on the improvements, one (1) week prior to the initial start of construction.
(2) The subdivider to give the City twenty-four (24) hours’ notice to restarting work if no construction work has been done for two (2) or more prior work days. (i) Improvement Security
(1) Security. The subdivider shall file with the agreement required by the provisions of subsections (g) and (h) above, to assure his full and faithful performance thereof, a bond or security for such sum as the City Engineer deems sufficient to cover the cost of the improvements.
(2) Security, Form, and Amount. Such security shall be in the manner, form, and kind provided by the Map Act and acceptable to the city attorney. The security shall be in the amount of one hundred (100) percent of the estimated cost of the improvements, conditioned upon the faithful performance of his agreement by the subdivider, and in the additional amount of one hundred (100) percent of such sum securing the payment by the subdivider to his contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials to them for improvements. The security provided shall guarantee maintenance and/or repair of all defects in required public improvements for a period of one (1) year following acceptance of said improvements by the city. In lieu of a one hundred (100) percent performance bond and one hundred (100) percent labor and materials bond, surety may be assured by the filing of a letter of credit, cash deposit, or deposit of negotiable bonds, which creates a trust fund in an amount equal to one hundred and ten (110) percent of the cost of the work estimated by the City Engineer or Public Works Director. Said trust fund shall be maintained in a financial institution subject to regulation by the state and federal government with the trust fund limited to the following conditions:
a. Ten (10) percent of the cost, representing a labor and materials deposit, to be retained for thirty-five (35) days after the filing of the notice of completion.
b. Funds may be discharged from the balance of the surety account from time to time as work is completed, up to ninety (90) percent of value of work completed, with authorization of the City Engineer until all work is 400 Series: Land Divisions
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completed and the notice of completion is filed; at which time the remaining funds shall be released thirty-five (35) days thereafter. c. Prior to final acceptance by the city of improvements, the subdivider shall provide the city with a one (1) year maintenance bond in the amount of five (5) percent of the estimated cost of improvements. (3) Completion of Work by City. In the event the subdivider shall fail to complete all improvement work in accordance with the provisions of this Series and the city shall have completed the same, or if the subdivider shall fail to reimburse the city for the cost of incidental expenses or to cover the cost of replacement and the repair of existing streets or other improvements damaged in the development of the subdivision or requiring repair or replacement during the one (1) year guarantee period, the city shall demand performance of the agreement by the subdivider to do such work and reimburse itself for the cost of work agreed to be performed by the subdivider. If the amount of the surety bond or cash deposit exceeds all costs and expenses incurred by the city, the city shall release the remainder of such bond or certification, less the cost and expense incurred by the city. The subdivider shall be liable to the city for any costs additional to those secured in an action to be brought therefore by the city. (j) Supplemental Improvements
(1) Required. The subdivider may be required to install improvements for the benefit of the subdivision which may contain supplemental size, capacity or number for the benefit of property not within the subdivision as a condition precedent to the approval of a subdivision or parcel map, and thereafter to dedicate such improvements to the public. Supplemental size, capacity or number shall mean that size, capacity or number in excess of the minimum standard city requirements.
(2) Improvement Security. When constructing off-site improvements, the subdivider shall file a bond or security in accordance with subsection (i) above for such sum as the City Engineer deems sufficient to cover the cost of the improvements to assure his full and faithful performance thereof.
(3) Reimbursement Agreement. The city shall enter into an agreement for reimbursement to the subdivider. However, the subdivider shall be reimbursed only for that portion of the cost of such improvements equal to the difference between the amount it would cost the subdivider to install improvements to serve the subdivision only, and the actual cost of oversize improvements or in the case of Master Plan facilities, the subdivider is entitled to one hundred (100) percent of the reimburse cost.
(4) Non-Master Plan Reimbursement Procedures. The subdivider shall submit a written request, along with supporting documentation to the City Engineer within 45 days of completion of the improvements. To pay the cost of such reimbursement, the City Council may at its discretion:
a. Immediately reimburse the subdivider for the entire cost of oversizing and thereafter levy a charge upon the real property benefitted thereby; or Porterville Development Ordinance
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b. Collect a reasonable use charge for the account of the subdividers from persons not within the subdivision using the oversized improvements. (5) Reimbursement Procedures. Upon the expiration of thirty (30) days from the date of the notice of completion and upon full occupancy of the development or phased development, money shall be disbursed from the master facilities construction fund to pay for or to reimburse others for the cost of all the work referred to in said notice of completion; said money disbursed shall be the actual value of the work completed, as determined by the City Engineer. The developer shall submit all documentation necessary to support final payment within ninety (90) days of full occupancy of the development or phased development. Failure to do so shall void developer’s right to request reimbursements. (k) Utility Fees and Off-Site Charges
(1) The subdivider shall pay utility fees for sewer, water and storm drainage as may be required by applicable Council resolution or ordinance. (2) Engineering plan checking, inspection fees, acreage fees and off-site charges, i.e., street signs, subdivision trees, etc., shall be paid prior to approval of the subdivision agreement by the City Council.
407.03 Design and Construction Standards
(a) Streets and Highways
(1) The street and highway design shall conform both in width and alignment with any general plan circulation element, precise street plans and other precise plans adopted by the City Council, and right-of-way for any such street or highway indicated on the General Plan or precise plans shall be dedicated to the city by the subdivider.
(2) Streets and highways not otherwise designated on the Circulation Element of the General Plan shall not be less than those set forth in this section, except where it can be shown by the subdivider that the topography of the land is such as to justify narrower width. Increased widths may be required for bicycle lanes and, when determined necessary, by the City Council in the public interest. Approval or determination of street classification shall be made by the City Council. a. Major arterial rights-of-way shall not be less than one hundred sixteen (116) feet in width.
b. Minor arterial rights-of-way shall not be less than ninety-four (94) feet in width.
c. Collectors without on-street parking rights-of-way shall not be less than fifty-three (53) feet in width.
d. Collectors with median and without on-street parking rights-of-way shall not be less than sixty-five (65) feet in width.
e. Collectors with on-street parking rights-of-way shall not be less than sixty-seven (67) feet in width.
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f. Local residential rights-of-way shall not be less than forty-seven (47) feet in width.
g. Local commercial street rights-of-way shall not be less than sixty (60) feet in width.
h. Cul-de-sac or other dead-end street serving less than ten (10) homes shall not be less than forty-seven (47) feet in width.
(3) Relationship to Existing Streets. The street system in the proposed subdivision shall relate functionally to the existing streets in the area adjoining the subdivision and be designed to maximize access points to existing local and collector streets.
(4) Center Lines. The center lines of all streets, wherever practicable, shall be the continuations of the center lines of existing streets, or shall be offset at least one hundred fifty (150) feet.
(5) Intersections. Each street intersection shall be as near to a right angle as is practicable, and no intersection of streets at angles less than sixty (60) degrees shall be approved, unless necessitated by topographical conditions as determined by the City Engineer.
(6) Corner Cut-Offs. At street intersections, the block corners shall have a corner cut-off sufficient to accommodate a City Standard Street Intersection Return, inclusive of a wheelchair ramp.
(7) Cul-de-Sac or Dead-End Streets. Cul-de-sac or dead-end street shall be no more than six hundred (600) feet in length and shall have a turnaround having a minimum radius of 47 feet, measured to the property line, and minimum of forty (40) feet to curb face unless the City Engineer determines that such turnaround is not necessary.
a. Culs-de-sac and dead end streets shall be prohibited in R districts except where necessary to give access to or permit satisfactory future development of adjoining land. If culs-de-sac and dead end streets cannot be avoided, bicycle and pedestrian connections shall be provided from the cul-de-sac or dead end street to nearby public areas and main streets. b. Culs-de-sac and dead end streets shall be avoided in all other districts. If culs-de-sac and dead end streets cannot be avoided, bicycle and pedestrian connections shall be provided from the cul-de-sac or dead end street to nearby public areas and main streets.
(8) Curve Radius. The center line curve radius on all streets shall be designed in accordance with acceptable safe engineering practices. In no case shall the curve radius for an arterial be less than five hundred (500) feet. Center line curve radius on all other streets shall not be less than two hundred (200) feet. (9) Frontage Streets. When any lots front or side on any arterial, collector, expressway or freeway, the subdivider may be required to dedicate and improve a frontage street to provide ingress to and egress from such lots. Residential properties shall not take access to/from arterial or collector streets.
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(10) Private Roads and Alleys. Private roads and alleys shall not be permitted unless a Conditional Use Permit is approved by the City Council and, if approved, all private roads or alleys shall be constructed to city standards. Private roads and alleys shall also comply with Section 408.01(e) Warranty and Reserves. (11) Grades of Streets. Streets shall not be less than 0.2 percent and not greater than seven (7) percent, unless because of topographical conditions or other exceptional conditions the City Engineer determines that a grade less than 0.2 percent, or in excess of seven (7) percent, is necessary.
(12) Fire Hydrants. The position of any street within twenty (20) feet of a fire hydrant shall not have a grade in excess of seven (7) percent to allow for the positioning of a fire suppression unit.
(13) Access on Arterials. Arterial streets shall not be used to provide direct access to individual single-family residential lots. When the rear or side of any lot borders an arterial, the subdivider may be required to execute and deliver to the city an instrument prohibiting the right of vehicular ingress and egress from said arterial to said lot.
(14) Access on Collectors. The use of a collector as primary direct access to individual single-family residential lots shall not be allowed.
(b) Alleys
(1) The City Council, for any one (1) of the following reasons, may require alleys (if alleys are required, they shall be constructed to city standards):
a. Unusual size, shape or topographical character of the property to be subdivided.
b. The relationship to existing or proposed commercial, industrial or high density residential development or adjacent railroad right-of-way. c. The special nature of the design or density of a residential subdivision where dwellings are grouped in such a manner as to require access from other than the street frontage.
d. The need to maintain continuity of existing alleys where the property to be subdivided is located immediately between existing residential blocks where alleys are provided.
(2) Residential alleys shall have a minimum dedicated width of twenty (20) feet. (3) Alleys shall be provided where needed to serve existing or proposed commercial or industrial areas, and shall have a minimum dedicated width of thirty (30) feet, with adequate provisions for ingress and egress.
(4) A twenty (20) foot corner diagonal cutoff, measured along the property lines from the point of intersection, will be required where two (2) alleys intersect. An ADA compliant accessibility ramp shall be constructed pursuant to the city design standards.
(5) Alleys shall be so laid out and aligned as to provide reasonable access for utilities and other services.
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(6) Dead-end alleys shall be prohibited.
(c) Pedestrian Ways
(1) Pedestrian ways ten (10) feet or more in width may be required:
a. Through the middle of blocks that are more than six hundred (600) feet in length;
b. To connect culs-de-sac;
c. To provide access to playgrounds, parks, schools, shopping centers, or similar community facilities; and/or
d. To provide access to trails or bikeways shown in the General Plan. (2) The subdivider shall install paving, landscaping, and fences as approved by the City Council or Parcel Map Committee unless otherwise waived. (d) Bikeways. Bikeways shall be required in all locations shown in the General Plan or as approved by the City Council or Parcel Map Committee. Bikeway width, paving, landscaping, fencing, and signs shall be as approved by the City Council or Parcel Map Committee.
(e) Street Names
(1) All street names shall be approved by the City Council. Duplication of existing names shall not be allowed, unless the streets are approximately in alignment with existing streets and not so far removed as to be confusing. (2) Names of through streets in a north-south alignment shall be followed by the designation “street,” and the names of through streets in an east-west alignment shall be followed by the designation “avenue.”
(3) Cul-de-sac streets in a north-south alignment shall be followed by the designations of either “place,” “way” or “drive,” and cul-de-sac streets in an eastwest alignment shall be followed by the designations of either “lane,” “circle” or “court.”
(f) Blocks
(1) Block Length. Blocks shall not exceed six hundred (600) feet in length, unless existing adjacent property alignment, topographic, or traffic conditions justify a variation. Blocks longer than six hundred (600) feet in length shall provide midblock pedestrian crossings so that there is no more than six hundred (600) feet of continuous block without a pedestrian crossing. Blocks in the HZ Overlay zone are exempt from the block length limitations and requirement for mid-block crossings.
(2) Block Width. The width of each block shall be sufficient for an ultimate layout of two (2) tiers of lots, therein of a size required by the provisions of this chapter, unless the conditions justify or make necessary a variation from this requirement.
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(g) Lots
(1) Lot Width. Each residential lot or parcel shall have frontage width of not less than that required by this Ordinance except as approved by the City Council as provided for in Section 400.05, Authority to Vary Regulations. (2) Lot Depth. Lot depths shall not exceed two and one-half (2.5) times the proposed lot width except where existing topography makes such dimensions infeasible. (3) Lot Area. The area of all lots shall comply with the requirements of this Ordinance relative to each particular zoning district.
(4) Lot Frontage. Lots shall have a single frontage on a street; double frontage lots or lots without street frontage will not be permitted except where, in the opinion of the City Council, topographic or unusual physical conditions justify a deviation from this rule.
(5) Flag Lot. Residential flag lots may be permitted with a Parcel Map, if it meets the standard requirements for lot width and lot depth.
(6) Side Lines. The side lines of lots shall, wherever practicable, be required to run at right angles or radially to the street upon which the lot faces. (7) Lot Numbering. Lot numbers shall begin with the numeral "1", and shall continue consecutively through all of the units of the tract with no omissions or duplications, and no block numbers shall be used.
(8) Division of Lots. No lot shall be divided by a county, city, school, or any other taxing district boundary lines.
(9) Suitability of Lots. All lots shall be suitable for the purpose for which they are intended to be used. Land subject to flooding or deemed by the Parcel Map Committee or City Council to be uninhabitable shall be indicted on the final map. (10) Land Remnants. All remnants of below-minimum size left over after the subdivision of a larger tract must be added to adjacent lots rather than allowed to remain as unusable parcels.
(h) Access Limitation Strips
(1) A one (1) foot access limitation strip shall be provided at the dead end of a stubbed street or at the edge of a partial width street, and shall be offered for dedication to the city for future street purposes.
(2) Access limitation strips shall be designated on the final map of the subdivisions and shall be specifically referred to in dedication and acceptance certificates. (i) Landscaping and Lighting Maintenance Districts. Each subdivision shall be subject to the creation of a Landscaping and Lighting Maintenance District in compliance with the Landscaping and Lighting Act of 1972 (Streets and Highways Code §22500 et. Seq.) to address the extension of improvements such as but not limited to lighting, common landscape areas, including pocket parks, perimeter walls, drainage systems beneficial to specific subdivision, drainage reservoirs, and open space areas, and the maintenance of 400 Series: Land Divisions
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such facilities through appropriate mechanisms as approved by the City Attorney. If a Landscaping and Lighting Maintenance District, Benefit Assessment District, or similar district is required, the following standards apply:
(1) Prior to the approval of improvement plans for a development, the applicant shall submit the following information for the establishment of a landscaping and lighting maintenance district, the extension of the subject improvements into the assessment area, and the maintenance of the improvements once constructed:
a. A petition on a form provided by the city requesting to have the subdivision placed in a district at the time the final map is approved by the city.
b. Completed and approved landscaping and lighting improvement plans, and legal description.
(2) The district shall be established, or the annexation into an existing district concluded, and improvements completed and accepted concurrently with the other improvements in the subdivision.
(3) Exclusive of assessments for a district, the applicant shall pay all service fees and maintain all new district improvements in a safe and healthy manner for the greater of a ninety (90) day plant establishment period following acceptance of the subdivision improvements, or until assessment begins for the district. (j) Waiver of Right to Protest District Formation. Prior to final map approval, each subdivider shall record a document waiving their right to protest a new assessment or an assessment increase equal to or less than a CPI adjustment for a city-wide Landscaping and Lighting Maintenance District or other maintenance district when at least fifty-one (51) percent of the city is already in such district under the provisions of Government Code Section 53753.
(k) Grading and Erosion Control. Every map approved pursuant to this Series shall be conditioned on compliance with the requirements for grading and erosion control, including the prevention of sedimentation or damage to off-site property, set forth in Appendix J of California Building Code of the most recently adopted edition. Steep terrain and other topographical features may limit the abilities of a subdivider to perform mass grading operations. At the discretion of the City Engineer or Public Works Director, individual grading plans for each individual lot may be submitted with the building permit in lieu of a mass grading plan normally submitted with the improvement plans. (l) Protection of Natural Features and Trees
(1) Natural Features. Significant rock outcroppings and other unusual land forms shall be shown and identified on the tentative map and on improvement and landscape plans. Such features shall be preserved as required by the Parcel Map Committee or City Council.
(2) Trees.
a. All existing trees six (6) inches in diameter or over shall be shown on the tentative map with a notation as to the size, species and dripline. Trees that are part of an agricultural crop may be shown as the outer extent of Porterville Development Ordinance
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the planting with a notation as to the species and average tree size and dripline.
b. Existing trees six (6) inches or over in diameter may be required to be preserved. In cases where tree preservation is required, all grading and necessary tree trimming shall be conducted in accordance with an arborist’s recommendations for tree preservation.
c. Trees within a proposed public right-of-way shall be removed only for good cause to protect the public safety or to allow the installation of adequate public facilities as may be approved by the City Engineer and the Zoning Administrator.
(m) Storm Water Management Plan. Every map approved pursuant to this Series shall be conditioned to comply with the requirements of the City’s Storm Water Management Plan, which includes measures that control construction site run-off and post-construction run-off.
(n) Watercourses
(1) In accordance with Sections 66478.1 through 66478.10 inclusive of the Subdivision Map Act, if the land division will front upon a public waterway, river, or stream, as defined in Section 66478.4(c), access routes and easements along the bank shall be provided as follows:
a. The land division shall provide, or have available, reasonable public access by fee or easement from a public highway to that portion of the bank of such river or stream bordering or lying within the proposed land division, as determined by the Parcel Map Committee or City Council in accordance with Section 66478.5 of the California Government Code; b. The land division shall provide for a dedication of a public easement along a portion of the bank of such river or stream bordering or lying within the proposed land division, as determined by the City Council in accordance with Section 66478.5 of the California Government Code; and c. The Parcel Map Committee or City Council shall determine the governmental entity to which such access route or easement shall be dedicated, and all dedications shall be in accordance with Section 66478.6 of the California Government Code.
(2) In accordance with Section 66478.12 of the California Government Code, if the land division will front upon any lake or reservoir that is owned in part or entirely by any public agency, including but not limited to the United States, State of California, or the City of Porterville, the land division shall be provided with or have available reasonable access by fee or easement from public highways to the water of the lake or reservoir upon which the land division borders either within the land division or a reasonable distance from the land division, as determined by the City Council or the Parcel Map Committee, as appropriate, in accordance with said statute. The Parcel Map Committee or City Council shall determine the governmental entity to which such dedication shall be made. 400 Series: Land Divisions
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(3) If a land division is traversed by a river, stream, or creek, the subdivider shall leave such river, stream, or creek in its natural condition whenever practical.
Sufficient right-of-way shall be dedicated to the city or other public entity and improved for flood control purposes as necessary to accommodate flows of water that would be generated by a flood of one hundred (100) year frequency. In the event that a land division is to front upon a river, stream, or creek, the provisions of this paragraph shall apply to that portion of the bank thereof bordering or lying within the proposed land division. The Parcel Map Committee or City Council shall determine the governmental entity to which such dedication shall be made. (4) The City Council may disapprove a tentative map because of flood hazard and inundation, and require protective improvements to be constructed as a condition precedent to approval of the map.
(o) Drainage Reservoirs
(1) Temporary drainage reservoirs will only be allowed in areas where it has been determined by the City Engineer or Public Works Director that it is not practical to implement the intent of the latest adopted version of the Storm Drain Master Plan. Landscape and irrigation systems shall be installed as approved by the Director of Parks and Leisure Services. Maintenance of these facilities shall be part of the maintenance district created for the benefit of the subdivision. (2) Temporary drainage reservoirs may be approved until such time as Storm Drain Master facilities are available for connection and shall be dedicated to the city as an easement.
(3) Drainage Reservoirs designated in the Storm Drain Master Plan shall be considered permanent facilities and title of the land shall be held by the city in fee. Property acquisitions shall be in the form of a dedication or purchased in accordance with the City’s Storm Drain Master Plan and City’s Property and Right-of-Way Acquisitions Policy and Procedures Manual. Landscaping and irrigation systems shall be installed as approved by the Director of Parks and Leisure Services.
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Chapter 408 Common Interest Developments (Condominiums) Sections:
408.01 New Residential Condominiums
408.02 Residential Condominium Conversions
408.03 New Commercial and Industrial Condominiums
408.04 Commercial and Industrial Condominium Conversions 408.01 New Residential Condominiums
(a) Purpose. The ownership of residential condominiums is distinguished by a sharing of responsibility that is not common to most other types of residential development. As a result, the purpose of this Series is to establish criteria for the construction of new residential condominiums to prevent problems inherent in community ownership that might be detrimental to the health, safety, and welfare of residents of such projects and the community at large.
(b) Applicability. The regulations set forth in this Series shall apply to the construction of new residential condominiums.
(c) Conditional Use Permit and Maps Required. A conditional use permit and tentative map approved by the City Council is required for all residential condominium applications.
(d) Application and Fees. The applicant of a proposed condominium project shall submit the required number of copies of the Conditional Use Permit application and tentative maps to the Zoning Administrator, together with the requested filing and inspection fees.
In addition to the required permit and map submittals, the applicant shall submit:
(1) Development Plan. Schematic development plans with dimensions, consisting of at least a site plan, parking plan, typical floor plan, and building elevations showing natural and proposed grades;
(2) Landscaping Plan. A preliminary landscaping plan of the project indicating the types and sizes of landscaping materials and permanent irrigation facilities; (3) Department of Real Estate Application. A copy of the project application submitted to the State of California’s Department of Real Estate for a subdivision public report;
(4) Conditions, Covenants, and Restrictions. The proposed conditions, covenants, and restrictions (CC&Rs); and
(5) Additional Information. Any other information the Zoning Administrator finds necessary to evaluate the project.
(e) Warranty and Reserves
(1) Warranty for Improvements. The subdivider shall provide to the Homeowners’ Association and/or purchaser a one (1) year warranty on all physical improvements required under this Ordinance.
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(2) Long Term Reserves. Prior to approval of the final map, or parcel map if no final map is required, the subdivider shall provide evidence to the city that a long-term reserve fund for replacement has been established in the name of the homeowners' association. Such fund shall equal two (2) times the estimated monthly homeowner's assessment for each dwelling unit.
(f) Covenants, Conditions, and Restrictions. Project covenants, codes, and restrictions (CC&Rs) shall be developed, and shall be reviewed and approved by the City Attorney and Zoning Administrator prior to approval of the Final or Parcel Map. In addition to the following provisions, the CC&Rs shall reference by incorporation the approved Conditions of Approval, and shall be recorded in conjunction with the Final or Parcel Map.
(1) Conveyance of Private Open Space. The surface area and appurtenant air space of Private Open Space areas, including but not limited to the patio, deck, balcony, solarium, or atrium and any integral portion of that space that may exceed the minimum area requirements, shall be described and conveyed in the grant deed as an integral part of the unit.
(2) Assignment and Use of Required Parking Spaces. Required parking spaces shall be permanently and irrevocably specifically assigned to particular units within the project. To the maximum practicable extent, the spaces assigned to each unit shall be contiguous. In no case shall the private storage area of one (1) unit overhang or take its access from the required parking space of another unit. All studio and one (1) bedroom units shall be assigned one (1) parking space and may rent additional spaces from the Homeowners’ Association. An occupant of a unit with two (2) or more bedrooms may rent one (1) parking space back to the Homeowners’ Association. All parking spaces, except those specifically designated for recreational vehicles, shall be used solely for the purpose of parking motor vehicles as defined by the California Vehicle Code, and shall not be used for trailers, unmounted campers, boats, or similar recreational vehicles. (3) Right of Public Entry to Common Area. Officers, agents, and employees of the city, the County, the State, and the United States Government, and any department, bureau, or agency thereof, shall have the right of immediate access to all Common Areas at all times for the purpose of preserving the public health, safety, and welfare, except in those instances where a Common Area is accessible only through a private unit.
(4) Maintenance of Common Area. Provision shall be made both for annual assessments of the owners for maintenance and special assessments for capital improvements. The amount of the regular annual assessment and the procedure for its change shall be specified. The manner in which special assessments may be levied for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair, or replacement of a capital improvement upon the Common Area shall be specified. Both annual and special assessments may be collected on a monthly basis. The remedies which the Homeowners’ Association may bring for the nonpayment of assessments shall be specified and may include penalties for late payment. Assignment of the maintenance 400 Series: Land Divisions
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responsibilities of all improvements and utility systems for each unit shall be specified.
(5) Utility Easements over Private Streets and Other Areas. Required public utility easements shall be referenced and any required access routes necessary to assure that firefighting equipment can reach and operate efficiently in all areas. (6) Access for Construction, Maintenance, or Repairs. Each Owner and the Homeowners’ Association shall have an easement for entry upon any privately owned unit, where necessary, in connection with construction, maintenance, or repair for the benefit of the Common Area or the owners of the units in common. (7) Right to Terminate Management and Maintenance Contracts. Unless otherwise prohibited by law, or any local, state, or federal regulation, reference shall be made to the Homeowners’ Association’s right to terminate the contract of any person or organization engaged by the developer to perform management or maintenance duties three (3) months after the Homeowners’ Association assumes control of the project, or at that time renegotiate any such contracts. (8) CC&R Amendments. A statement that the CC&Rs shall not be amended, modified, or changed without first obtaining the written consent of the city. 408.02 Residential Condominium Conversions
(a) Purpose. The purpose of this Series is to establish criteria for the conversion of existing multiple-family rental housing to condominiums and to reduce the impact of such conversions on residents in rental housing who may be required to relocate due to the conversion.
(b) Applicability. The regulations set forth in this Series shall apply to the conversion of existing multiple-family rental housing to condominiums. This Series shall not apply to a “limited-equity housing cooperative” as defined in Section 11003.4 of the California Business and Professional Code.
(c) Conditional Use Permit and Maps Required. A conditional use permit and tentative map approved by the City Council is required for all residential condominium conversion applications.
(d) Application and Fees. The applicant of a proposed condominium conversion project shall submit the required number of copies of the Conditional Use Permit application and tentative maps to the Zoning Administrator, together with the requested filing and inspection fees. In addition to the required permit and map submittals, the applicant shall submit:
(1) Physical Elements Report. A report prepared by a registered engineer or architect or licensed qualified contractor describing the physical elements of all structures and facilities. The report shall include, but not be limited to, the following:
a. Structural Condition of Elements. A report detailing the structural condition of all elements of the property, including foundations, electrical, plumbing, utilities, walls, roofs, ceilings, windows, recreational facilities, sound transmission of each building, mechanical equipment, Porterville Development Ordinance
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parking facilities and appliances. The report shall state, to the best knowledge or estimate of the applicant, when such element was built; the condition of each element; when said element was replaced; the approximate date upon which said element will require replacement; the cost of replacing said element; and any variation of the physical condition of said element from the current zoning and from the Building Code in effect on the date that the last building permit was issued for the subject structure. The report shall identify any defective or unsafe elements and set forth the proposed corrective measures to be employed. b. Pest Control. A report from a licensed structural pest control operator, approved by the city, on each structure and each unit within the structure. c. Soil Conditions. A report on soil and geological conditions regarding soil deposits, faults, and groundwater in the vicinity of the project and a statement regarding any known evidence of soils problems relating to the structures. Reference shall be made to any previous soils reports for the site and a copy submitted with said report.
d. Repairs and Improvements. A statement of repairs and improvements to be made by the subdivider necessary to refurbish and restore the project to achieve a high degree of appearance and safety.
(2) Covenants, Conditions and Restrictions. The proposed covenants, conditions and restrictions (CC&Rs).
(3) Demographic Characteristics. Specific information concerning the demographic characteristics of the project, including but not limited to the following:
a. Square footage and number of rooms in each unit;
b. Rental rate history for each type of unit for previous five (5) years; c. Monthly vacancy rate for each month during preceding two (2) years; d. Makeup of existing tenant households, including family size, length of residence, age of tenants, and whether receiving federal or state rent subsidies;
e. Proposed sale price of units;
f. Proposed homeowners' association fee;
g. Financing available; and
h. Names and addresses of all tenants.
(4) Notice of Intent to Convert. Signed copies from each tenant of Notice of Intent to Convert, as specified in subsection (g) below. The subdivider shall submit evidence that a letter of notification was sent to each tenant for whom a signed copy of said notice is not submitted. This requirement shall be deemed satisfied if such notices comply with the legal requirements for service by mail. (5) Additional Information. Any other information the Zoning Administrator finds necessary to evaluate the project.
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(e) Filing and Processing
(1) Acceptance of Reports. The final form of the Physical Elements Report and other documents shall be as approved by the city. The reports in their acceptable form shall remain on file with the Community Development Department for review by any interested persons. The report shall be referenced in the subdivision report to the review authority.
(2) Submittal of Budget. Prior to final map approval, the subdivider shall provide the city with a copy of the proposed budget for maintenance and operation of common facilities, including needed reserves. The budget shall show estimated monthly costs to the owner of each unit, projected over a five (5) year period, or such time as is required by the Department of Real Estate. Such budget shall be prepared or reviewed and analyzed by a professional management firm, experienced with management of condominium complexes. The management firm shall submit a statement of professional qualifications. (3) Copy to Buyers. The subdivider shall provide each purchaser with a copy of all submittals (in their final, acceptable form) required by subsection (d) above prior to said purchaser executing any purchase agreement or other contract to purchase a unit in the project, and said developer shall give the purchaser sufficient time to review said information. Copies of the submittals shall be made available at all times at the sales office and shall be posted at various locations, as approved by the city, at the project site. Copies shall be provided to the homeowners' association upon its formation.
(4) Final Information Submitted. No later than six (6) months from the date the subdivider closes escrow on the first sale of a unit, the subdivider shall submit the following information to the Community Development Department:
a. Name, address and phone number of Homeowners' Association; b. Actual sale price of units;
c. Actual Homeowners' Association fee;
d. Number of prior tenants who purchased units; and
e. Number of units purchased with intent to be used as rentals. (f) Development Standards. All condominium conversions must conform to the Porterville Municipal Code in effect at the time of tentative map approval except as otherwise provided in this Series. The Building Official shall perform an assessment of building conditions prior to tentative map approval. A report of violations shall be specified in the tentative map staff report to the City Council, as the case may be. A physical inspection of every unit shall be required prior to final map approval or tentative map approval if no final map is required.
(1) Modification of Development Standards. The base district development standard requirements of Series 200, Base Districts, may be modified by the City Council based on findings that the quality of life accommodated by the project will not be compromised and that residents will benefit from other amenities that are located in close proximity to the project site.
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(2) Warranty for Improvements. The subdivider shall provide to the Homeowners’ Association and/or purchaser a one (1) year warranty on all physical improvements required under this section.
(3) Long Term Reserves. Prior to approval of the final map, or parcel map if no final map is required, the subdivider shall provide evidence to the city that a long-term reserve fund for replacement has been established in the name of the homeowners' association. Such fund shall equal two (2) times the estimated monthly homeowner's assessment for each dwelling unit.
(g) Tenant Provisions. Notices to tenants shall be provided as required in Section 66427.1 of the Subdivision Map Act. All written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail. In addition, at least three (3) days before any hearing or action on a proposed tentative map for a conversion, the Community Development Department shall provide a copy of the staff report to the subdivider and to each tenant of the property. (1) Notice of Intent. A notice of intent to convert shall be delivered by the Subdivider to each tenant at least sixty (60) days prior to filing of the tentative map. The form of the notice shall be in the form outlined in Section 66452.9 of the Subdivision Map Act and approved by the Zoning Administrator. (2) Notice of Public Report. Each tenant shall receive ten (10) days' written notice that an application for a public report will be or has been submitted to the Department of Real Estate and that such report will be available on request. (3) Notice of Final Map Approval. Each tenant shall receive written notification within 10 days of approval of a final map for the proposed conversion. (4) Tenant's Right to Purchase. Any present tenant shall be given notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than ninety (90) days from the date of issuance of the subdivision public report unless the tenant gives prior written notice of his or her intention not to exercise the right. Evidence of receipt by each tenant shall be submitted prior to approval of the final map.
(5) Vacation of Units. Each tenant not in default under the obligations of the rental agreement or lease under which he/she occupies his/her unit shall be given one hundred eighty (180) days' written notice of intention to convert his or her unit prior to termination of tenancy. The subdivider shall notify each tenant immediately prior to the time of final map approval of the anticipated date required to vacate the unit. Evidence of receipt by each tenant shall be submitted prior to approval of the final map.
(6) No Increase in Rents. The rents charged tenants at the time when a completed tentative map application was accepted by the Community Development Department shall not be increased for two (2) years from that acceptance time, or until the unit is sold or the subdivision is denied, withdrawn or reverted to acreage. The increase in rent on a unit which has been vacated after receipt of the 400 Series: Land Divisions
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application by the Community Development Department shall not be subject to control.
(7) Notice to New Tenants. At least thirty (30) days prior to the filing of the tentative map, the subdivider shall give notice of the filing of the map to each person applying after such date for rental of a unit immediately prior to acceptance of any rent or deposit. The notice shall be in the form outlined in Section 66452.8(b) of the Subdivision Map Act and shall advise the prospective tenant that notice will be provided at least one hundred eighty (180) days prior to the actual conversion. If the subdivider fails to give notice in accordance with this section, he or she shall pay to each prospective tenant who becomes a tenant and who was entitled to such notice and who does not purchase his or her unit, an amount equal to two (2) times monthly rent for moving expenses.
(h) Covenants, Conditions, and Restrictions. Project covenants, codes, and restrictions (CC&Rs) shall be developed, and shall be reviewed and approved by the City Attorney and Zoning Administrator prior to approval of the Final or Parcel Map. In addition to the following provisions, the CC&Rs shall reference by incorporation the approved Conditions of Approval, and shall be recorded in conjunction with the Final or Parcel Map.
(1) Conveyance of Private Open Space. The surface area and appurtenant air space of Private Open Space areas, including but not limited to the patio, deck, balcony, solarium, or atrium and any integral portion of that space that may exceed the minimum area requirements, shall be described and conveyed in the grant deed as an integral part of the unit.
(2) Assignment and Use of Required Parking Spaces. Required parking spaces shall be permanently and irrevocably specifically assigned to particular units within the project. To the maximum practicable extent, the spaces assigned to each unit shall be contiguous. In no case shall the private storage area of one (1) unit overhang or take its access from the required parking space of another unit. All studio and one (1) bedroom units shall be assigned one (1) parking space and may rent additional spaces from the Homeowners’ Association. An occupant of a unit with two (2) or more bedrooms may rent one (1) parking space back to the Homeowners’ Association. All parking spaces, except those specifically designated for recreational vehicles, shall be used solely for the purpose of parking motor vehicles as defined by the California Vehicle Code, and shall not be used for trailers, unmounted campers, boats, or similar recreational vehicles. (3) Right of Public Entry to Common Area. Officers, agents, and employees of the city, the County, the State, and the United States Government, and any department, bureau, or agency thereof, shall have the right of immediate access to all Common Areas at all times for the purpose of preserving the public health, safety, and welfare, except in those instances where a Common Area is accessible only through a private unit.
(4) Maintenance of Common Area. Provision shall be made both for annual assessments of the owners for maintenance and special assessments for capital improvements. The amount of the regular annual assessment and the procedure for its change shall be specified. The manner in which special assessments may Porterville Development Ordinance
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be levied for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair, or replacement of a capital improvement upon the Common Area shall be specified. Both annual and special assessments may be collected on a monthly basis. The remedies which the Homeowners’ Association may bring for the nonpayment of assessments shall be specified and may include penalties for late payment. Assignment of the maintenance responsibilities of all improvements and utility systems for each unit shall be specified.
(5) Utility Easements over Private Streets and Other Areas. Required public utility easements shall be referenced and any required access routes necessary to assure that firefighting equipment can reach and operate efficiently in all areas. (6) Access for Construction, Maintenance, or Repairs. Each Owner and the Homeowners’ Association shall have an easement for entry upon any privately owned unit, where necessary, in connection with construction, maintenance, or repair for the benefit of the Common Area or the owners of the units in common. (7) Right to Terminate Management and Maintenance Contracts. Unless otherwise prohibited by law, or any local, state, or federal regulation, reference shall be made to the Homeowners’ Association’s right to terminate the contract of any person or organization engaged by the developer to perform management or maintenance duties three (3) months after the Homeowners’ Association assumes control of the project, or at that time renegotiate any such contracts. (8) CC&R Amendments. A statement that the CC&Rs shall not be amended, modified, or changed without first obtaining the written consent of the city. (i) Required Findings. In addition to any other findings that this Subdivision Ordinance requires, the City Council shall not approve a final map for conversion unless it finds that each tenant has been given and received notice in compliance with the requirements of Section 66427.1 of the Subdivision Map Act.
408.03 New Commercial and Industrial Condominiums
(a) Purpose. The ownership of commercial and industrial condominiums is distinguished by a sharing of responsibility that is not common to most other types of development. As a result, the purpose of this Series is to establish criteria for the construction of new commercial and industrial condominiums to prevent problems inherent in community ownership that might be detrimental to the health, safety, and welfare of residents of such projects and the community at large.
(b) Applicability. The regulations set forth in this Series shall apply to the construction of new commercial and industrial condominiums.
(c) If a commercial or industrial condominium is proposed in combination with a residential condominium, the requirements of this section and Section 408.01, New Residential Condominiums, shall be read together, with the relevant requirements applying to the portions of the project.
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(d) Conditional Use Permit and Maps Required. A conditional use permit and tentative map approved by the City Council is required for all commercial and industrial condominium applications.
(e) Application and Fees. The applicant of a proposed commercial or industrial condominium project shall submit the required number of copies of the Conditional Use Permit application and tentative maps to the Zoning Administrator, together with the requested filing fee. In addition to the required permit and map submittals, the applicant shall submit:
(1) Development Plan. A development plan of the project including location and sizes of structures, exterior elevations, parking layout, and access areas; (2) Landscaping Plan. A preliminary landscaping plan of the project indicating the types and sizes of landscaping materials and permanent irrigation facilities; (3) Reserve Fund Study. A reserve study showing the amount which must be set aside as long-term reserves for capital and maintenance replacement. (4) Conditions, Covenants, and Restrictions. The proposed conditions, covenants, and restrictions (CC&Rs); and
(5) Additional Information. Any other information the Zoning Administrator find necessary to evaluate the project.
(f) Development Standards. In addition to the development standards contained in the applicable zoning district that permit commercial and industrial condominiums, the following development standards shall apply:
(1) Sound Transmission.
a. Shock Mounting of Mechanical Equipment. All permanent mechanical equipment, such as motors, compressors, pumps, and compactors, which is determined by the Building Official to be a source of structural vibration or structure-borne noise shall be shock mounted with inertia blocks or bases and/or vibration isolators in a manner approved by the Building Official.
b. Noise Standards. Common walls and floors between dwelling units shall comply with the Building Code provisions governing noise resistance for newly constructed common wall and floors.
(g) Trash and Recycling Collection Areas. Trash and recycling collection areas shall be provided within two hundred fifty (250) feet of the units they are designed to serve, and shall comply with the City of Porterville or its contracted solid waste and recycling collector(s) specifications for trash enclosures.
(h) Utilities. All units shall have separate gas and electric meters and provisions for individual shut-off of all utility valves, including water. (i) Warranty for Improvements. The subdivider shall provide to the Condominium Association and/or purchaser a one (1) year warranty on all physical improvements required under this section.
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(j) Long Term Reserves. Prior to approval of the final map, or parcel map if no final map is required, the subdivider shall provide evidence to the city that a long-term reserve fund for replacement has been established in the name of the condominium association. Such fund be based on a reserve study showing the amount which must be set aside monthly for the reserve account.
(k) Covenants, Conditions, and Restrictions. Project covenants, codes, and restrictions (CC&Rs) shall be developed, and shall be reviewed and approved by the City Attorney and Zoning Administrator prior to approval of the Final or Parcel Map. In addition to the following provisions, the CC&Rs shall reference by incorporation the approved Conditions of Approval, and shall be recorded in conjunction with the Final or Parcel Map.
(1) Right of Public Entry to Common Area. Officers, agents, and employees of the city, the County, the State, and the United States Government, and any department, bureau, or agency thereof, shall have the right of immediate access to all Common Areas at all times for the purpose of preserving the public health, safety, and welfare, except in those instances where a Common Area is accessible only through a private unit.
(2) Maintenance of Common Area. Provision shall be made both for annual assessments of the owners for maintenance and special assessments for capital improvements. The amount of the regular annual assessment and the procedure for its change shall be specified. The manner in which special assessments may be levied for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair, or replacement of a capital improvement upon the Common Area shall be specified. Both annual and special assessments may be collected on a monthly basis. The remedies which the Condominium Association may bring for the nonpayment of assessments shall be specified and may include penalties for late payment. Assignment of the maintenance responsibilities of all improvements and utility systems for each unit shall be specified.
(3) Utility Easements over Private Streets and Other Areas. Required public utility easements shall be referenced and any required access routes necessary to assure that firefighting equipment can reach and operate efficiently in all areas. (4) Access for Construction, Maintenance, or Repairs. Each Owner and the Condominium Association shall have an easement for entry upon any privately owned unit, where necessary, in connection with construction, maintenance, or repair for the benefit of the Common Area or the owners of the units in common. (5) Right to Terminate Management and Maintenance Contracts. Unless otherwise prohibited by law, or any local, state, or federal regulation, reference shall be made to the Condominium Association’s right to terminate the contract of any person or organization engaged by the developer to perform management or maintenance duties three (3) months after the Condominium Association assumes control of the project, or at that time renegotiate any such contracts. (6) CC&R Amendments. A statement that the CC&Rs shall not be amended, modified, or changed without first obtaining the written consent of the city. 400 Series: Land Divisions
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408.04 Commercial and Industrial Condominium Conversions (a) Purpose. The ownership of commercial and industrial condominiums is distinguished by a sharing of responsibility that is not common to most other types of development. As a result, the purpose of this section is to establish criteria for the conversion of existing buildings to commercial or industrial condominiums to prevent problems inherent in community ownership that might be detrimental to the health, safety, and welfare of residents of such projects and the community at large.
(b) Applicability. The regulations set forth in this section shall apply to the conversion of existing buildings into commercial or industrial condominiums.
If a commercial or industrial condominium conversion is proposed in combination with a residential condominium, the requirements of this section and Section 408.03, New Commercial and Industrial Condominiums, shall be read together, with the relevant requirements applying to the portions of the project.
(c) Conditional Use Permit and Maps Required. A conditional use permit and tentative map approved by the City Council is required for all commercial and industrial condominium conversion applications.
(d) Application and Fees. The applicant of a proposed commercial or industrial condominium conversion project shall submit the required number of copies of the Conditional Use Permit application and tentative maps to the Zoning Administrator, together with the requested filing fee. In addition to the required permit and map submittals, the applicant shall submit:
(1) Physical Elements Report. A report prepared by a registered engineer or architect or licensed qualified contractor describing the physical elements of all structures and facilities. The report shall include, but not be limited to, the following:
a. Structural Condition of Elements. A report detailing the structural condition of all elements of the property, including foundations, electrical, plumbing, utilities, walls, roofs, ceilings, windows, recreational facilities, sound transmission of each building, mechanical equipment, parking facilities and appliances. The report shall state, to the best knowledge or estimate of the applicant, when such element was built; the condition of each element; when said element was replaced; the approximate date upon which said element will require replacement; the cost of replacing said element; and any variation of the physical condition of said element from the current zoning and from the Building Code in effect on the date that the last building permit was issued for the subject structure. The report shall identify any defective or unsafe elements and set forth the proposed corrective measures to be employed. b. Pest Control. A report from a licensed structural pest control operator, approved by the city, on each structure and each unit within the structure. c. Soil Conditions. A report on soil and geological conditions regarding soil deposits, faults, and groundwater in the vicinity of the project and a statement regarding any known evidence of soils problems relating to the Porterville Development Ordinance
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structures. Reference shall be made to any previous soils reports for the site and a copy submitted with said report.
d. Repairs and Improvements. A statement of repairs and improvements to be made by the subdivider necessary to refurbish and restore the project to achieve a high degree of appearance and safety.
(2) Notice to Tenants. Evidence of written notice provided to each tenant explaining that the owner intends to apply to the city for a condominium conversion. The notice to tenants must be sent at least six (6) months before the application is submitted to the city, and further notice must be given to any tenant who occupies the building after the original notice was sent.
(3) Plot Plan. A plot plan of the project including location and sizes of structures, square footage of each building and unit, exterior elevations, parking layout, and access areas;
(4) Budget. A proposed budget for maintenance and operation of common facilities, including needed reserves. The budget shall show estimated monthly costs to the owner of each unit, projected over a five (5) year period. Such budget shall be prepared or reviewed and analyzed by a professional management firm, experienced with management of similar condominium complexes. The management firm shall submit a statement of professional qualifications. (5) Conditions, Covenants, and Restrictions. The proposed conditions, covenants, and restrictions (CC&Rs); and
(6) Additional Information. Any other information the Zoning Administrator find necessary to evaluate the project.
(e) Filing and Processing
(1) Acceptance of Reports. The final form of the Physical Elements Report and other documents shall be as approved by the city. The reports in their acceptable form shall remain on file with the Community Development Department for review by any interested persons. The report shall be referenced in the subdivision report to the review authority.
(2) Copy to Buyers. The subdivider shall provide each purchaser with a copy of all submittals (in their final, acceptable form) required by Section 408.04(d), Application and Fees, prior to said purchaser executing any purchase agreement or other contract to purchase a unit in the project, and said developer shall give the purchaser sufficient time to review said information. Copies of the submittals shall be made available at all times at the sales office and shall be posted at various locations, as approved by the city, at the project site. Copies shall be provided to the condominium association upon its formation. (f) Development Standards. All condominium conversions must conform to the Porterville Municipal Code in effect at the time of tentative map approval except as otherwise provided in this section. The Building Official shall perform an assessment of building conditions prior to tentative map approval. A report of violations shall be specified in the tentative map staff report to the City Council. A physical inspection of every unit shall be required prior to final map approval or tentative map approval if no final map is required. 400 Series: Land Divisions
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In addition to the requirements required in other sections of the Municipal Code, the conversion shall comply with the following requirements:
(1) Sound Transmission
a. Shock Mounting of Mechanical Equipment. All permanent mechanical equipment, such as motors, compressors, pumps, and compactors, which is determined by the Building Official to be a source of structural vibration or structure-borne noise shall be shock mounted with inertia blocks or bases and/or vibration isolators in a manner approved by the Building Official.
b. Noise Standards. The structure shall conform to all interior and exterior sound transmission standards of the Municipal Code. In such cases where present standards cannot reasonably be met, the applicant may be required to notify potential buyers of the noise deficiency currently existing within these units.
(2) Trash and Recycling Collection Areas. Trash and recycling collection areas shall be provided within two hundred fifty (250) feet of the units they are designed to serve, and shall comply with the City of Porterville or its contracted solid waste and recycling collector(s) specifications for trash enclosures. (3) Utilities. All units shall have separate gas and electric meters and provisions for individual shut-off of all utility valves, including water. (4) Warranty for Improvements. The subdivider shall provide to the Condominium Association and/or purchaser a one (1) year warranty on all physical improvements required under this section.
(5) Long Term Reserves. Prior to approval of the final map, or parcel map if no final map is required, the subdivider shall provide evidence to the city that a long-term reserve fund for replacement has been established in the name of the condominium association. Such fund be based on a reserve study showing the amount which must be set aside monthly for the reserve account. (g) Covenants, Conditions, and Restrictions. Project covenants, codes, and restrictions (CC&Rs) shall be developed, and shall be reviewed and approved by the City Attorney and Zoning Administrator prior to approval of the Final or Parcel Map. In addition to the following provisions, the CC&Rs shall reference by incorporation the approved Conditions of Approval, and shall be recorded in conjunction with the Final or Parcel Map.
(1) Right of Public Entry to Common Area. Officers, agents, and employees of the city, the County, the State, and the United States Government, and any department, bureau, or agency thereof, shall have the right of immediate access to all Common Areas at all times for the purpose of preserving the public health, safety, and welfare, except in those instances where a Common Area is accessible only through a private unit.
(2) Maintenance of Common Area. Provision shall be made both for annual assessments of the owners for maintenance and special assessments for capital improvements. The amount of the regular annual assessment and the procedure Porterville Development Ordinance
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for its change shall be specified. The manner in which special assessments may be levied for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair, or replacement of a capital improvement upon the Common Area shall be specified. Both annual and special assessments may be collected on a monthly basis. The remedies which the Condominium Association may bring for the nonpayment of assessments shall be specified and may include penalties for late payment. Assignment of the maintenance responsibilities of all improvements and utility systems for each unit shall be specified.
(3) Utility Easements over Private Streets and Other Areas. Required public utility easements shall be referenced and any required access routes necessary to assure that firefighting equipment can reach and operate efficiently in all areas. (4) Access for Construction, Maintenance, or Repairs. Each Owner and the Condominium Association shall have an easement for entry upon any privately owned unit, where necessary, in connection with construction, maintenance, or repair for the benefit of the Common Area or the owners of the units in common. (5) Right to Terminate Management and Maintenance Contracts. Unless otherwise prohibited by law, or any local, state, or federal regulation, reference shall be made to the Condominium Association’s right to terminate the contract of any person or organization engaged by the developer to perform management or maintenance duties three (3) months after the Condominium Association assumes control of the project, or at that time renegotiate any such contracts. (6) CC&R Amendments. A statement that the CC&Rs shall not be amended, modified, or changed without first obtaining the written consent of the city. 400 Series: Land Divisions
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Chapter 409 Amendments and Enforcement
Sections:
409.01 Correction and Amendments of Maps
409.02 Enforcement and Judicial Review
409.01 Correction and Amendment of Maps
(a) Applicability. The city may approve corrections and amendments to the following maps:
(1) Tentative Maps
a. Minor Changes. Minor changes in an approved tentative map may be approved by the Zoning Administrator and City Engineer upon application by the subdivider or on the city’s own initiative provided that:
1. No lots, units or building sites or structures are added;
2. Changes are consistent with the intent and spirit of the original tentative map approval; and
3. There are no resulting violations of the Municipal Code. b. Substantive Changes. Amendments of an approved tentative map for a subdivision that, in the opinion of the Zoning Administrator and City Engineer are not minor, shall be presented to the City Council for approval subject to the procedures for processing a tentative map set forth in Chapter 402, Tentative Maps. The Zoning Administrator and City Engineer may approve substantive changes to an approved tentative parcel map in the same manner set forth in Chapter 405, Parcel Maps. c. Effect of Amendments. Any approved amendment shall not alter the expiration date of the tentative map.
(2) Final Map. Amendments to a final map or parcel map may be made in any of the following instances without providing public notice:
a. To correct an error in any course or distance shown on the map. b. To show any course or distance that was omitted from the map. c. To correct an error in the description of the real property shown on the map.
d. To indicate monuments set after the death, disability, replacement or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments.
e. To show the proper location of any monument that has been changed in location, or character, or that was originally shown at the wrong location or incorrectly as to its character.
f. To correct any additional information filed or recorded as part of the final map in accordance with Section 66434.2 of the Subdivision Map Act, if the correction does not impose any additional burden on the present Porterville Development Ordinance
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owners of the property and does not alter any right, title, or interest in the property reflected on the recorded map.
g. To correct any other type of map error or omission as approved by the City Engineer that does not affect any property right. Errors and omissions may include, but not be limited to, lots and numbers, acreage, street names and identification of adjacent record maps. Error does not include changes in courses or distances from which an error is not ascertainable from the data shown on the final map.
h. To make modifications when there are changes that make any or all of the conditions of the map no longer appropriate or necessary and:
1. The modifications do not impose any additional burden on the owners of the property;
2. The modifications do not alter any right, title, or interest in the real property reflected on the recorded map; and
3. The city finds that the map as modified does not meet the findings in Section 400.04, Grounds for Denial.
(b) Form and Contents. Amendments to either tentative or final maps may be made with a certificate of correction or an amending map. The amending map or certificate of correction shall be prepared by a Registered Civil Engineer or Licensed Land Surveyor.
The form and contents of the amending maps shall conform to the applicable requirements of this Series. The amending map shall set forth in detail the corrections made and show the names of the owners of the property affected by the correction or omission as of the date of the filing or recording of the original recorded map. (c) Review and Approval
(1) General Review. The amending map or certificate of correction shall be submitted to the City Engineer for review and approval, accompanied by the required fee. The City Engineer shall examine the amending map or certificate of correction and, if the only changes are those set forth in subsection (a) above, the City Engineer shall certify to this fact on the amending map or certificate of correction.
(2) Certificate of Correction. The City Engineer shall have twenty (20) days to examine the certificate of correction for compliance with subsections (a) (b) above, endorse a statement on it of his or her examination and certification, and present it to the County Recorder for recordation. If the City Engineer determines that the certificate of correction fails to comply with this section, the City Engineer shall return the certificate to the applicant with a written statement of the changes necessary. The City Engineer shall have ten (10) days after resubmission and approval of the amended certificate of correction to present it to the County Recorder for recordation.
(d) Filing with the County Recorder. The amending map or certificate of correction certified by the City Engineer shall be filed in the office of the Tulare County Recorder in which the original map was filed. Upon such filing, the County Recorder shall index the 400 Series: Land Divisions
337
names of the fee owners and the appropriate subdivision designation shown on the amending map or certificate of correction in the general index and map index, respectively. The original map shall be deemed to have been conclusively so corrected and shall impart constructive notice of all the corrections in the same manner as though upon the original map.
409.02 Enforcement and Judicial Review
(a) Purpose. This section establishes procedures the City will use to enforce the requirements of this Series, including compliance with any conditions of approval imposed to protect public health, safety, and welfare and promote development in accordance with the General Plan.
(b) Prohibition
(1) No Sale or Lease Until Final Maps Are in Full Compliance. No person shall sell, lease, or finance any parcel or parcels of real property, or commence construction of any building for sale, lease or financing except for model homes, or allow occupancy thereof, for which a final map is required by this Series or the Subdivision Map Act, until a map, in full compliance with the provisions of this Series and the Subdivision Map Act, has been filed with the Tulare County Recorder.
(2) No Conveyances Made by Parcel Number Until Final Maps are Filed.
Conveyances of any part of a division of real property for which a final map is required shall not be made by parcel number, letter or other designation, unless and until the final map has been filed for record with the Tulare County Recorder. (3) Exceptions
a. This section does not apply to any parcel or parcels of a subdivision offered for sale or lease, contracted for sale or lease, or sold or leased in compliance with or exempt from any law regulating the design and improvement of subdivisions in effect at the time the subdivision was established.
b. Paragraphs (1) and (2) above shall not prohibit an offer or contract to sell, lease, or finance real property or to construct improvements where the sale, lease or financing, or the commencement of construction, is expressly conditioned upon the approval and filing of a final or parcel map.
c. This section shall not, in any way, modify or affect the provisions of Section 11018.2 of the Business and Professions Code.
(c) Remedies
(1) Voidable Sale. Any deed of conveyance, sale or contract to sell real property that has been divided, or that has resulted from a division, in violation of the provisions of this Series or the Subdivision Map Act, is voidable at the sole option of the grantee, buyer or person contracting to purchase, any heir, personal representative, or trustee in insolvency or bankruptcy within one (1) year after the Porterville Development Ordinance
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date of discovery of the violation. The deed of conveyance, sale, or contract to sell is binding upon any successor in interest of the grantee, buyer or person contracting to purchase, other than those above enumerated, and upon the grantor, vendor or person contracting to sell, or his or her assignee, heir or devisee. (2) Action in Superior Court. Any grantee, or successor in interest, of real property that has been divided, or that has resulted from a division, in violation of the provisions of this Series or the Subdivision Map Act may, within one (1) year of the date of discovery of such violation, bring an action in the superior court to recover any damages suffered by reason of the division of property. The action may be brought against the person who divided the property in violation and against any successors in interest who have actual or constructive knowledge of such division of property.
(3) Exceptions
a. Certificate of Compliance. The provisions of this section shall not apply to the conveyance of any parcel of real property identified in a certificate of compliance filed in accordance with subsection (e) below, or identified in a recorded final map, from and after the date of recording. b. Other Provisions of Law. The provisions of this section shall not limit or affect in any way the rights of a grantee or successor in interest under any other provision of law.
(4) Limitation Period. For purposes of this section, the limitation period for commencing an action, either civil or criminal, against the subdivider or owner of record at the time of a violation of this Series or the Subdivision Map Act, shall be tolled for any time period during which there is no constructive notice of the violation, because the owner of record, at the time of the violation or at any time thereafter, failed to record a deed, lease, or financing document with the County Recorder.
(d) Effect on City Permits and Approvals
(1) No Issuance of Permit or Approval. The city shall not issue a permit or grant any approval necessary to develop any real property that has been divided, or that has resulted from a division, in violation of the provisions of this Series or the Subdivision Map Act if it finds that development of the real property is contrary to the public health or the public safety. The authority to deny a permit or approval shall apply whether the applicant was the owner of the real property at the time of the violation or whether the applicant is the current owner of the real property, with or without actual or constructive knowledge of the violation at the time of the acquisition of interest in the real property. (2) Imposing Additional Conditions. If the city issues a permit or grants approval for the development of any real property illegally subdivided, it may impose only those conditions that would have been applicable to the division of the property at the time the applicant acquired his or her interest in the property, and that had been established at such time by this Series. If the applicant was the owner of record at the time of the initial violation, the city may impose conditions applicable to a current division of the property. If a conditional certificate of 400 Series: Land Divisions
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compliance has been filed for record in accordance with subsection (e) below, only those conditions stipulated in that certificate shall be applicable. (e) Certificate of Compliance. Any person owning real property or in contract of sale of the real property may request the Zoning Administrator to determine whether such property complies with the provisions of this Series and the Subdivision Map Act. A recorded final map or parcel map shall constitute a certificate of compliance with respect to the parcels of real property described.
(1) Form and Contents. An application for a determination of compliance shall be submitted to the Community Development Department together with a plat map, required fee, and such information the city deems necessary, including, but not limited to:
a. The name or names of owners of the parcel.
b. The assessor parcel number or numbers of the parcel. c. The number of parcels for which the certificate of compliance or conditional certificate of compliance is being issued and recorded. d. The legal description of the parcel or parcels for which the certificate of compliance or conditional certificate of compliance is being issued and recorded.
e. A notice stating: “This certificate relates only to issues of compliance or noncompliance with the Subdivision Map Act and local ordinances enacted pursuant thereto. The parcel described herein may be sold, leased, or financed without further compliance with the Subdivision Map Act or any local ordinance enacted pursuant thereto. Development of the parcel may require issuance of a permit or permits, or other grant or grants of approval.”
f. Any conditions to be fulfilled and implemented prior to subsequent issuance of a permit or other grant of approval for development of the property, as specified in the conditional certificate of compliance. (2) Determination of Compliance. If the Zoning Administrator determines that the real property complies with this Series and the Subdivision Map Act, the Zoning Administrator shall forward a certificate of compliance to be filed for record with the County Recorder. The certificate of compliance shall identify the real property and shall state that the division of land complies with this Series and the Subdivision Map Act.
(3) Determination of Non-Compliance. If the Zoning Administrator determines that the real property does not comply with the provisions of this Series or the Subdivision Map Act, the Zoning Administrator may issue a conditional certificate of compliance by imposing any conditions that would have been applicable to the division of land at the time the applicant acquired his or her interest and that had been established at that time by this Series and the Subdivision Map Act.
(4) Recording the Certificate. Upon making a determination and establishing the conditions, the Zoning Administrator shall file a conditional certificate of Porterville Development Ordinance
340
compliance for record with the County Recorder. The certificate shall serve as notice to the property owner who has applied for the certificate, a grantee of the property owner, or any subsequent transferee or assignee of the property, that the fulfillment and implementation of the conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property. Compliance with these conditions shall not be required until a permit or other grant of approval for development of the property is issued. (f) Notice of Violation
(1) Notice of Intention. If the Zoning Administrator has knowledge that real property has been divided in violation of the provisions of this Series or the Subdivision Map Act, a notice of intention to record a notice of violation shall be mailed by certified mail to the current owner of record. The notice shall describe the property in detail, name the owner, describe the violation, and state that the owner will be given opportunity to present evidence. The notice shall specify the date, time and place for a meeting at which the owner may present evidence to the Zoning Administrator why a notice of violation should not be recorded. (2) Determination by the Zoning Administrator. The meeting shall be held no sooner than thirty (30) days and no later than sixty (60) days from the date of mailing. If, within fifteen (15) days of receipt of the notice, the owner fails to notify the Zoning Administrator objecting to the recording of the notice of violation, the Zoning Administrator shall record it. If, after the owner presents evidence, the Zoning Administrator determines that the property has in fact been illegally divided, the Zoning Administrator shall record the notice of violation. If, after the owner presents evidence, the Zoning Administrator determines that there has been no violation, the Zoning Administrator shall mail a clearance letter to the owner.
(3) Notice of Violation. The notice of violation, when recorded, shall be constructive notice of the violation to all successors in interest in the property. (g) Penalties. A violation of this Series by a person who is the subdivider or an owner of record, at the time of the violation, of property involved in the violation is punishable by imprisonment in the county jail not exceeding one (1) year or in the state prison, by a fine not exceeding $10,000, or by both fine and imprisonment. Every other violation of this Series is a misdemeanor.
(h) Judicial Action. Any action or proceeding to attack, review, set aside, void or annul the decision of the City Engineer, Zoning Administrator, or City Council concerning a subdivision, or of any of the proceedings, acts or determinations taken, done or made prior to such decision, or to determine the reasonableness, legality or validity of any condition attached thereto, shall not be maintained by any person unless the action or proceeding is commenced and service of summons effected within ninety (90) days after the date of the decision. Thereafter, all persons are barred from any such action or proceeding or any defense of invalidity or unreasonableness of the decision or of the proceedings, acts or determinations. Any such proceeding shall take precedence over all matters of the calendar of the court except criminal, probate, eminent domain and forcible entry and unlawful detainer proceedings.
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(i) Other Legal Action. This Series does not bar any legal, equitable or summary remedy to which the city or other public agency, or any person, firm or corporation may otherwise be entitled, and the city or other public agency, or any person, firm or corporation may file a suit in the superior court of Tulare County, to restrain or enjoin any attempted or proposed subdivision for sale, lease or financing in violation of this Series or the Subdivision Map Act.
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Series 500: Overlay Districts
Chapter 500 Airport Environs (AE) Overlay District
Sections:
500.01 Purpose
500.02 Applicability
500.03 Use Restrictions
500.04 Development by Right
500.05 Regulations for Noise Exposure
500.06 Regulations for Safety
500.07 Regulations for Airspace Protection
500.08 Supplemental Regulations
500.09 Nonconforming Uses
500.01 Purpose
As used herein, “Airport” means the Porterville Municipal Airport. The Airport Environs (AE) Overlay District is established to:
(a) Protect land uses around the airport from potential hazards of airport operations; (b) Identify a range of uses compatible with airport accident hazard and airport noise exposure;
(c) Prohibit the development of incompatible uses that are detrimental to the general health, safety and welfare and to existing and future airport operations; (d) Require noise attenuated construction within the airport environs; and (e) Comply with Federal Aviation Administration (FAA) regulations. 500.02 Applicability
The standards and regulations of this chapter apply to all lands within the AE Overlay District mapped on the Official Zoning Map.
Regulations in the AE Overlay District modify and supplement the underlying zoning district regulations. Within the AE Overlay District, noise impact zones, airport safety zones, and air-space protection zones apply. Where a proposed use, building, or land is impacted by more than one (1) zone, the use, building and/or land shall conform to the requirements of all applicable zones. Where zones impose conflicting requirements, the most restrictive of the requirements shall apply.
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500.03 Use Restrictions
Notwithstanding any other provisions of this chapter, no use may be made of land or water within the AE Overlay District in such a manner that would:
(a) Create a “Hazard to Air Navigation” as determined by the FAA; (b) Result in glare in the eyes of pilots using the airport; (c) Make it difficult for pilots to distinguish between airport lights and others; (d) Impair visibility in the vicinity of the airport;
(e) Create steam or other emissions that cause thermal plumes or other forms of unstable air;
(f) Create electrical interference with navigation signals or radio communication between the airport and aircraft;
(g) Create an increased attraction for wildlife. Of particular concern are landfills and certain recreational or agricultural uses that attract large flocks of birds which pose bird strike hazards to aircraft in flight; or
(h) Otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport.
500.04 Development by Right
Nothing in this chapter prohibits:
(a) Construction of a single-family home, and a second unit, outside of Safety Zone 1, on a legal lot of record as of the date of adoption of this Ordinance if such use is permitted in the underlying zoning district.
(b) Lot line adjustments provided that new developable parcels would not be created and the resulting intensity or density of the affected property would not exceed the applicable criteria indicated in the Table 500.06(A).
(c) The construction of buildings, the development of facilities, and the establishment of uses other than residential uses in a permanent building or facility, within the “aviation” area as defined on the FAA’s “approved conditionally” Airport Layout Plan and which are determined “airport supporting” by the Airport Manager or City Council. Crew quarters in a permanent building or facility may be allowed with Conditional Use Permit approval.
(d) Uses and facilities in place at the adoption of this Ordinance within the “aviation” area as defined on the FAA’s “approved conditionally” Airport Layout Plan. 500.05 Regulations for Noise Exposure
(a) Noise Exposure – Compatibility Criteria. In regard to noise exposure levels, land uses are classified as being either “normally compatible”, “conditional” or Series 500: Overlay Zones
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“incompatible” as defined below. All land uses are compatible at noise exposure less than CNEL fifty-five (55) dB.
(1) Normally Compatible
a. Indoor Uses: Either the activities associated with the land use are inherently noisy or standard construction methods will sufficiently attenuate exterior noise to an acceptable indoor community noise equivalent level (CNEL); for land use types that are compatible because of inherent noise levels, sound attenuation must be provided for associated office, retail, and other noise-sensitive indoor spaces sufficient to reduce exterior noise to an interior maximum of CNEL fifty (50) dB.
b. Outdoor Uses: Except as noted in the table, activities associated with the land use may be carried out with minimal interference from aircraft noise.
(2) Conditional
a. Indoor Uses: Building structure must be capable of attenuating exterior noise to the indoor CNEL indicated by the number in the table cell.
b. Outdoor Uses: Caution shall be exercised with regard to noisesensitive outdoor uses; these uses are likely to be disrupted by aircraft noise events; acceptability is dependent upon characteristics of the specific use. Noise-sensitive land uses are ones for which the associated primary activities, whether indoor or outdoor, are susceptible to disruption by loud noise events. The most common types of noise-sensitive land uses include, but are not limited to, the following: residential, hospitals, nursing facilities, intermediate care facilities, educational facilities, libraries, museums, places of worship, child-care facilities, and certain types of passive recreational parks and open space.
(3) Incompatible
a. Indoor Uses: Unacceptable noise interference if windows are open; at exposures above CNEL sixty-five (65) dB, extensive mitigation techniques required to make the indoor environment acceptable for performance of activities associated with the land use. b. Outdoor Uses: Severe noise interference makes the outdoor environment unacceptable for performance of activities associated with the land use.
(b) Noise Exposure – Land Use Compatibility. Table 500.05(B) below describes the compatibility of various land uses within the Noise Impact Zones as shown in Map 500-1, Airport Impact Map: Future Noise. Land uses not specifically listed in Table 500.05(B) shall be evaluated by the Zoning Administrator based on the criteria for the most similar comparable use.
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The “Conditional Criteria” column lists the criteria to be met by uses listed as “conditional”. The individual letters refer to criteria listed at the end of the table.
When a proposed building lies within multiple CNEL range zones (e.g., partly in sixty to sixty-five (60-65) dB and partly in sixty-five to seventy (65-70) dB), the higher range zone applies for the purposes of determining sound attenuation requirements unless less than twenty-five (25) percent of the building floor area is within that zone. In such case, the lower range zone may be used.
TABLE 500.05(B): LAND USE COMPATIBILITY BY NOISE EXPOSURE LEVEL Normally Compatible Conditional Incompatible
Land Use
Exterior Noise Exposure (CNEL dB)
Conditional
Criteria
55-
60 60-
65 65-70 70-
75 75-
80 Outdoor Uses (limited or no activities in buildings) Natural Land Areas: woods, brush lands,
desert
A
Water: flood plains, wetlands, lakes,
reservoirs
Agriculture (except residences and
livestock): crops, orchards, vineyards,
pasture, range land
Livestock Uses: feed lots, stockyards,
breeding, fish hatcheries, horse stables
B
Outdoor Major Assembly Facilities
(capacity ≥1,000 people): spectatororiented outdoor stadiums, amphitheaters, fairgrounds, zoos
C
Group Recreation (limited spectator
stands): athletic fields, water recreation
facilities, picnic areas
C
Small/Non-Group Recreation: golf
courses, tennis courts, shooting ranges
C
Local Parks: children-oriented
neighborhood parks, playgrounds
C
Camping: campgrounds, recreational
vehicle/motor home parks
Cemeteries (excluding chapels) D
Residential and Lodging Uses
Single-Family Residential: individual
dwellings, townhouses, mobile homes,
bed & breakfast inns
40 40 E
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TABLE 500.05(B): LAND USE COMPATIBILITY BY NOISE EXPOSURE LEVEL Normally Compatible Conditional Incompatible
Land Use
Exterior Noise Exposure (CNEL dB)
Conditional
Criteria
55-
60 60-
65 65-70 70-
75 75-
80 Multi-Family Residential 40 40 E
Long-Term Lodging (>30 nights):
extended-stay hotels, dormitories
45 Short-Term Lodging ( 30 nights): hotels,
motels, other transient lodging(except
conference/assembly facilities)
45 Congregate Care: retirement homes,
assisted living, nursing homes,
intermediate care facilities
45 Educational and Institutional Uses
Family Day Care Home homes (14
children)
Children’s Schools: K-12, day care
centers (>14 children); school libraries
Adult Education classroom space: adult
schools, colleges, universities
45 45 F
Community Libraries 45
Indoor Major Assembly Facilities (capacity
1,000 people): auditoriums, conference
centers, concert halls, indoor arenas,
casinos
45 45
Indoor Large Assembly Facilities
(capacity 300 to 999 people): movie
theaters, places of worship, cemetery
chapels, mortuaries
45 45
Indoor Recreation: gymnasiums, club
houses, athletic clubs, dance studios
50 In-Patient Medical: hospitals, mental
hospitals
45 Out-Patient Medical: health care centers,
clinics
45 45
Penal Institutions: prisons, reformatories 45 45
Public Safety Facilities: police, fire
stations
50 50
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TABLE 500.05(B): LAND USE COMPATIBILITY BY NOISE EXPOSURE LEVEL Normally Compatible Conditional Incompatible
Land Use
Exterior Noise Exposure (CNEL dB)
Conditional
Criteria
55-
60 60-
65 65-70 70-
75 75-
80 Commercial, Office and Service Uses
Major Retail: regional shopping centers,
‘big box’ retail
50 Local Retail: community/neighborhood
shopping centers, grocery stores
50 Eating/Drinking Establishments:
restaurants, fast-food dining, bars
50 Limited Retail/Wholesale: furniture,
automobiles, heavy equipment, lumber
yards, nurseries
50 Offices: professional services, doctors,
finance, civic; radio, television & recording
studios, office space associated with
other listed uses
50 Personal & Miscellaneous Services:
barbers, car washes, print shops
50 Vehicle Fueling: gas stations, trucking &
transportation terminals
50 50
Industrial, Manufacturing, and Storage Uses
Hazardous Materials Production: oil
refineries, chemical plants
Heavy Industrial
Light Industrial, High Intensity: food
products preparation, electronic
equipment
50 50
Light Industrial, Low Intensity: machine
shops, wood products, auto repair
50 50
Research & Development 50 50
Indoor Storage: wholesale sales,
warehouses, mini/other indoor storage,
barns, greenhouses
Outdoor Storage: public works yards,
automobile dismantling
Mining & Extraction
Transportation, Communication, and Utilities
Airport Terminals: airline, general aviation 50
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TABLE 500.05(B): LAND USE COMPATIBILITY BY NOISE EXPOSURE LEVEL Normally Compatible Conditional Incompatible
Land Use
Exterior Noise Exposure (CNEL dB)
Conditional
Criteria
55-
60 60-
65 65-70 70-
75 75-
80 Rail & Bus Stations 50
Transportation Routes: road & rail rightsof-way, bus stops Auto Parking: surface lots, structures
Communications Facilities: emergency
communications, broadcast & cell towers
Power Plants
Electrical Substations
Wastewater Facilities: treatment, disposal
Solid Waste Disposal Facilities: landfill,
incineration
Solid Waste Transfer Facilities, Recycle
Centers
Conditional Criteria:
A. Compatible at levels indicated, but noise disruption of natural quiet will occur.
B. Exercise caution with uses involving noise-sensitive animals.
C. Exercise caution if clear audibility by users is essential.
D. Compatible at levels indicated, but noise disruption of outdoor activities will occur.
E. Only on existing residential parcels; no subdivisions are allowed.
F. Applies only to classrooms; offices, laboratory facilities, gymnasiums, outdoor athletic facilities, and other uses to be evaluated as indicated for those land use categories. (c) Single-Event Noise Levels: Single-event noise levels shall be considered when evaluating the compatibility of highly noise-sensitive land uses such as residences, schools, libraries, and outdoor theaters. Susceptibility to speech interference and sleep disturbance are among the factors that make certain land uses noise sensitive.
Single-event noise levels are especially important in areas that are regularly overflown by aircraft, but that do not produce significant CNEL contours (helicopter overflight areas are a particular example). Flight patterns for Porterville Municipal Airport shall be considered in the review process. Acoustical studies or on-site noise measurements may be required to assist in determining the compatibility of sensitive uses.
(d) Maximum Acceptable Interior Noise Levels. Land uses for which interior activities may be easily disrupted by noise shall comply with the following maximum, aircraft-related, interior noise level criteria.
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(1) CNEL forty (40) dB in any habitable room of single- or multi-family residences.
(2) CNEL forty-five (45) dB for: hotels, motels, and other lodging; hospitals and nursing homes; places of worship, meeting halls, theaters, and mortuaries; and schools, libraries, and museums.
(3) CNEL fifty (50) dB in offices and office areas of industrial facilities. (e) Residential Interior Noise Level Reduction. New dwellings exposed to CNEL above sixty (60) dB shall incorporate the following noise reduction design measures unless alternative designs that achieve and maintain an interior noise level of CNEL forty (40) dB are incorporated and verified by a Board Certified Acoustical Engineer.
(1) All facades must be constructed with substantial weight and insulation; (2) Sound-rated windows providing noise reduction performance similar to that of the façade must be included for habitable rooms;
(3) Sound-rated doors or storm doors providing noise reduction performance similar to that of the façade must be included for all exterior entries; (4) Acoustic baffling of vents is required for chimneys, fans, and gable ends; (5) Installation of a mechanical ventilation system affording comfort under closed-window conditions; and
(6) Double-stud construction, double doors, and heavy roofs with ceilings of two (2) layers of gypsum board on resilient channels.
500.06 Regulations for Safety
(a) Development Standards. Table 500.06(A) below describes the development standards for all development within the Airport Safety Zones as shown in Map 500-2, Airport Impact Map: Safety. Additional standards follow the table.
TABLE 500.06(A): DEVELOPMENT STANDARDS - AIRPORT SAFETY ZONES Standard
Safety Zones
1 2 3 4 5 6
Maximum Lot Coverage (% of site) 0 40 60 70 70 100
Non-Residential Development
Maximum Site-Wide Average
Intensity (people/acre)
10 60 100 160 160 n/a
Maximum Single-Acre Intensity
(people/acre)
20 120 250 400 400 n/a
Residential Development
Maximum Site-Wide Average
Density (units/acre)
n/a n/a 4 4 n/a n/a
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TABLE 500.06(A): DEVELOPMENT STANDARDS - AIRPORT SAFETY ZONES Standard
Safety Zones
1 2 3 4 5 6
Maximum Single-Acre Density
(units/acre)
n/a n/a 12 12 n/a n/a
(1) Intensity Calculation
a. Non-Residential Development. Usage intensity calculations shall include all people (e.g., employees, customers/visitors) who may be on the property at any single point in time, whether indoors or outdoors. The city may make exceptions for rare special events (e.g., an air show at the airport) for which a facility is not designed and normally not used and for which extra safety precautions can be taken as appropriate.
b. Residential Development
1. The maximum allowable residential densities are intended to include density bonuses and any other bonuses or allowances that the city may provide for affordable housing developed in accordance with the provisions of state and/or local law or regulation. The overall density of a development project, including any bonuses or allowances, must comply with the allowable density criteria in Table 500.06(A).
2. Second units are excluded from density calculations. c. Mixed-Use Development
1. Where the residential and nonresidential uses are proposed to be situated on separate parts of the project site, the project shall be evaluated as separate developments. The residential density shall be calculated with respect to the area(s) to be devoted to residential development and the nonresidential intensity calculated with respect to the area(s) proposed for nonresidential uses.
2. Development in which residential uses are proposed to be located in conjunction with nonresidential uses in the same or nearby buildings on the same site must meet both residential density and non-residential intensity criteria. The number of dwelling units shall not exceed the density limits indicated in Table 500.06(A). Additionally, the normal occupancy of the residential portion shall be added to that of the nonresidential portion and the total occupancy shall be evaluated with respect to the non-residential usage intensity criteria cited in Table 500.06(A).
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(b) Airport Safety – Compatibility Criteria. In regard to airport safety, land uses are classified as being either “normally compatible”, “conditional” or “incompatible” as defined below.
(1) Normally Compatible. Normal examples of the use are compatible under the presumption that usage intensity and maximum lot coverage criteria in Table 500.06(A) will be met. Atypical examples may require review to ensure compliance with usage intensity and lot coverage criteria. Noise, airspace protection, and/or overflight limitations may apply.
(2) Conditional. Use is compatible if indicated Floor Area Ratio (FAR), Lot Coverage, and other listed conditions are met.
(3) Incompatible. Use shall not be permitted under any circumstances. (c) Airport Safety – Land Use Compatibility. Table 500.06(C) below describes the compatibility of various land uses within the Airport Safety Zones as shown in Map 500-2, Airport Impact Map: Safety. Land uses are classified as being either “normally compatible”, “conditional” or “incompatible.” Land uses not specifically listed in Table 500.06(C) shall be evaluated by the Zoning Administrator based on the criteria for the most similar comparable use. “#” numbers in table cells refer to the maximum allowable FAR. “A” letters in table cells refer to criteria to be met by uses listed as “conditional”. The individual letters refer to criteria listed at the end of the table.
TABLE 500.06(C): LAND USE COMPATIBILITY - AIRPORT SAFETY ZONES Normally Compatible Conditional Incompatible
Land Use
Safety Zones
1 2 3 4 5 6
Outdoor Uses (limited or no activities in buildings)
Natural Land Areas: woods, brush lands, desert A
Water: flood plains, wetlands, lakes, reservoirs A
Agriculture (except residences and livestock):
crops, orchards, vineyards, pasture, range land
B
Livestock Uses: feed lots, stockyards, breeding,
fish hatcheries, horse stables
Outdoor Major Assembly Facilities (capacity
≥1,000 people): spectator-oriented outdoor
stadiums, amphitheaters, fairgrounds, zoos
C
Group Recreation (limited spectator stands):
athletic fields, water recreation facilities, picnic
areas
C C, D
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TABLE 500.06(C): LAND USE COMPATIBILITY - AIRPORT SAFETY ZONES Normally Compatible Conditional Incompatible
Land Use
Safety Zones
1 2 3 4 5 6
Small/Non-Group Recreation: golf courses,
tennis courts, shooting ranges
Local Parks: children-oriented neighborhood
parks, playgrounds
C C, D
Camping: campgrounds, recreational vehicle/
motor home parks
E E D, E
Cemeteries (except chapels)
Residential and Lodging Uses
Single-Family Residential: individual dwellings,
townhouses, mobile homes, bed & breakfast inns
F F
Multi-Family Residential
Long-Term Lodging (>30 nights): extended-stay
hotels, dormitories
Short-Term Lodging ( 30 nights): hotels, motels,
other transient lodging (except conference/assembly facilities)
0.46 0.74
Congregate Care: retirement homes, assisted
living, nursing homes, intermediate care facilities
Educational and Institutional Uses
Family Day Care Home homes (14 children)
Children’s Schools: K-12, day care centers (>14
children); school libraries
G G
Adult Education classroom space: adult schools,
colleges, universities
0.09,
H
0.15,
H
Community Libraries 0.23 0.37
Indoor Major Assembly Facilities (capacity
1,000 people): auditoriums, conference centers,
concert halls, indoor arenas, casinos
C
Indoor Large Assembly Facilities (capacity 300 to
999 people): movie theaters, places of worship,
cemetery chapels, mortuaries
0.03 0.05
Indoor Recreation: gymnasiums, club houses,
athletic clubs, dance studios
0.14 0.22
In-Patient Medical: hospitals, mental hospitals G G
Out-Patient Medical: health care centers, clinics 0.55 0.88 Penal Institutions: prisons, reformatories
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TABLE 500.06(C): LAND USE COMPATIBILITY - AIRPORT SAFETY ZONES Normally Compatible Conditional Incompatible
Land Use
Safety Zones
1 2 3 4 5 6
Public Safety Facilities: police, fire stations C C, D
Commercial, Office, and Service Uses
Major Retail: regional shopping centers, ‘big box’
retail
0.25,
I, J
0.40,
I, J
Local Retail: community/neighborhood shopping
centers, grocery stores
0.39,
J
0.62,
J
Eating/Drinking Establishments: restaurants, fastfood dining, bars 0.14 0.22 0.22, D
Limited Retail/Wholesale: furniture, automobiles,
heavy equipment, lumber yards, nurseries
0.34,
K
0.92,
K
Offices: professional services, doctors, finance,
civic; radio, television & recording studios, office
space associated with other listed uses
0.30 0.49 0.79 0.79,
D
Personal & Miscellaneous Services: barbers, car
washes, print shops
0.28 Vehicle Fueling: gas stations, trucking &
transportation terminals
L
Industrial, Manufacturing, and Storage Uses
Hazardous Materials Production: oil refineries,
chemical plants
C
Heavy Industrial M M
Light Industrial, High Intensity: food products
preparation, electronic equipment
0.46,
M
0.74,
M
Light Industrial, Low Intensity: machine shops,
wood products, auto repair
0.41,
M
1.10,
M
Research & Development 0.69,
M
1.10,
M
Indoor Storage: wholesale sales, warehouses,
mini/other indoor storage, barns, greenhouses
1.38 Outdoor Storage: public works yards, automobile
dismantling
Mining & Extraction
Transportation, Communication, and Utilities
Airport Terminals: airline, general aviation
Rail & Bus Stations C C
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TABLE 500.06(C): LAND USE COMPATIBILITY - AIRPORT SAFETY ZONES Normally Compatible Conditional Incompatible
Land Use
Safety Zones
1 2 3 4 5 6
Transportation Routes: road & rail rights-of-way,
bus stops
B
Auto Parking: surface lots, structures B
Communications Facilities: emergency
communications, broadcast & cell towers
C C C C C
Power Plants N N
Electrical Substations C C
Wastewater Facilities: treatment, disposal
Solid Waste Disposal Facilities: landfill,
incineration
Solid Waste Transfer Facilities, Recycle Centers
Conditional Criteria:
A. Objects above runway elevation not allowed in Object Free Area (OFA), the dimensions of which are established by FAA airport design standards for the runway.
B. Not allowed in OFA.
C. Allowed only if site outside safety zone would not serve intended function.
D. Not allowed within 1,000 feet of runway centerline.
E. Allowed only if intensity criteria listed in Table 500.06(A) are met.
F. Accessory buildings only. Dwelling must be located outside of safety zone.
G. No new sites or land acquisition. Building replacement and expansion allowed for existing facilities. School expansion is limited to 50 students.
H. Also subject to limitations of individual components of campus facilities (e.g. assembly facilities, offices, gymnasiums).
I. Building capacity limited to 1,000 people.
J. Eating and drinking establishments that make up 10% or more of the total floor area shall be evaluated separately.
K. Design site to locate buildings outside of safety zone whenever possible. Parking areas may be located within safety zone.
L. No fuel tanks within 1,000 feet of runway centerline.
M. Avoid bulk storage of hazardous materials. Permitting agencies to evaluated possible need for special measures to minimize hazards if struck by aircraft.
N. Peaker plants only. Primary plants not allowed.
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500.07 Regulations for Airspace Protection
(a) Height Limitations. The criteria for determining the acceptability of a project with respect to height shall be based upon the standards set forth in Federal Aviation Regulations (FAR) Part 77, Subpart C, Objects Affecting Navigable Airspace.
Additionally, where an FAA aeronautical study of a proposed object is required in accordance with FAR Part 77, Subpart C, the results of that study shall be taken into account by the city.
(1) Maximum Height
a. Except as provided below, no object, including a mobile or temporary object such as construction crane, shall have a height that would result in penetration of any obstruction surface depicted for Porterville Municipal Airport on Map 500-4, Airport Impact Map:
Airspace Protection.
b. Within the primary surface and beneath the approach or transitional surfaces, objects shall be limited in height consistent with the airspace protection surfaces defined by FAR Part 77.
(2) Exception. Outside the primary surface and the approach or transitional surfaces, no object shall be limited to a height of less than thirty-five (35) feet above the ground even if the object would penetrate an FAR Part 77 surface and thus constitute an obstruction.
(b) FAA Notification. Any person proposing construction or alteration within the AE Overlay District shall submit notification of the proposal to the FAA if such construction or alteration exceeds an of the following height standards:
(1) Two hundred (200) feet above ground level.
(2) The plane of an imaginary surface extending outward and upward at a slope of one hundred (100) to one (1) for a distance of twenty thousand (20,000) feet from the nearest point of any runway.
500.08 Supplemental Regulations
(a) Avigation Easement Dedication. An avigation easement shall be dedicated to the City of Porterville for the following development:
(1) Any residential development within the CNEL fifty-five (55) dB contour shown in Map 500-1, Airport Impact Map: Future Noise.
(2) Any residential or nonresidential development within Safety Zones one (1) through five (5) as shown in Map 500-2, Airport Impact Map: Safety. (3) Any residential or nonresidential development within an area beneath a transitional surface or the inner ten thousand (10,000) feet of an approach surface.
(b) Overflight Notification. If no avigation easement is otherwise provided, residential development within the primary or secondary overflight area indicated in Map 500- Series 500: Overlay Zones
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3, Airport Impact Map: Overflight, an overflight notification consistent with the following standards shall be recorded.
(1) The notification shall contain the following language dictated by state law with regard to real estate transfer disclosure.
NOTICE OF AIRPORT IN VICINITY: This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you.
(2) The notification shall be made evident to prospective purchasers of the property and shall appear on the property deed.
500.09 Nonconforming Uses
Lawful nonconforming structures may be continued and maintained without being required to conform to the requirements of this chapter in accordance with the following. (a) Residential Single Family. A nonconforming single-family dwelling may be maintained, remodeled, reconstructed, or expanded in size as long as there is no increase in the number of dwelling units. Secondary dwelling units may be constructed. The lot line of an existing single-family residential parcel may be adjusted as long as it does not result in an increase of allowable density. (b) Residential Multi-Family. Nonconforming multi-family residential dwellings may be maintained, remodeled, or reconstructed. The size of individual dwelling units may be increased, but additional dwelling units may not be added. Sound attenuation and avigation easement dedication requirements established by this chapter shall apply.
(c) Non-Residential. Nonconforming nonresidential facilities may be maintained, altered, or reconstructed. However, any such work must not result in expansion of either the portion of the site devoted to the nonconforming use or the floor area of the buildings and must not result in an increase in the usage intensity (the number of people per acre) above the levels existing at the time of adoption of this Ordinance.
Sound attenuation and avigation easement dedication requirements established by this chapter shall apply.
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Chapter 501 Hillside Zone (HZ) Overlay District
Sections:
501.01 Purpose and Intent
501.02 Applicability
501.03 Required Plans and Materials
501.04 Land Use Regulations
501.05 Ridgelines
501.06 Grading
501.07 Site Drainage Improvements
501.08 Street Requirements and Design
501.09 Open Space
501.10 Landscaping and Irrigation
501.11 Development Standards
501.01 Purpose and Intent
(a) The Hillside Zone (HZ) Overlay District is established to achieve the City’s objective to facilitate and permit the orderly development of property within the hillside areas through a set of hillside development standards aimed at protecting the public health, safety and welfare; protecting and preserving natural and biological resources for the long-term benefit of the Porterville community and the broader community; recognizing the inherent value in the properties subject to this chapter; allowing size, type, location, density, and intensity of development based on available infrastructure, the geographic steepness of terrain, presence of unique geographic conditions and constraints, and presence of environmentally sensitive areas; and optimizing the use of sensitive site design, grading, landscape architecture, and architecture, all to achieve the City’s objectives. (b) The HZ Overlay District and the regulations contained in this chapter are intended to provide development that is consistent with and serves to implement the goals and policies of the General Plan for properties classified in the HZ Overlay District.
Specific regulations and standards address the following City objectives:
(1) To uphold the value of the community and the subject property by protecting ridgelines, prominent landforms, rock outcroppings, open space areas, hydrologic features, wildlife communities, unique and sensitive habitat and vegetation communities, and other natural, biological, and scenic resources. (2) Enable property owners to select suitable development sites on their real property for new hillside development projects founded on science-based conclusions, including the use of slope density calculations and maximum land holding capacity, to determine the appropriate density and intensity of a structure that can be built on a particular hillside slope. (3) To provide for hillside development that maintains the integrity of the hillsides’ natural characteristics and features.
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FIGURE 501.01(B)(1): HILLSIDE DEVELOPMENTS
Hillside developments should be designed with respect to natural hill characteristics and development intensity appropriate for the area. (4) To ensure the ridgelines that frame the City of Porterville will be preserved to the greatest extent possible.
FIGURE 501.01(B)(2): RIDGELINES
Significant Ridgelines shall be preserved.
(5) To facilitate the protection of existing views from vantage points within public open spaces, rights-of-way, public parks, and private development from encroachment upon by new development.
(6) To minimize grading and cut and fill operations where possible to retain the natural character of the hillside areas.
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(7) Minimize water runoff and soil erosion incurred in adjusting the terrain to meet onsite and offsite development needs.
(8) To encourage all the characteristics and qualities of a cohesive neighborhood that promotes a “sense of place” within a hillside setting. (9) To promote and encourage a variety of high-quality, alternative architectural and development designs and concepts appropriate for hillside areas. (10) To preserve the public health, safety, and welfare and specifically protect the public and property from hazards such as seismic, geologic, hydrologic and fire, including damage to property from landslides, erosion, earth creep, and storm water runoff, and other hazards in and near hillsides. (11) To reflect the City's design goals and policies expressed in the General Plan. (12) To require that infrastructure such as but not limited to roads, utilities, drainage, and sound attenuation barriers serve both a utilitarian and aesthetic purpose.
(13) To ensure that open space is an integral part of subdivision design.
FIGURE 501.01(B)(3): LANDSCAPING
Landscaping shall be used for aesthetic enhancement, erosion control and transition to natural open space areas.
(14) To provide areas where residents can enjoy active and passive recreation.
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FIGURE 501.01(B)(4): OPEN SPACE AREAS
Open space shall be an integral component of subdivision design, with developed open space areas
(15) To ensure that proper landscape setbacks are provided to separate residential uses from non-residential uses and to allow for transitions between natural open space and development.
FIGURE 501.01(B)(5): BIOSWALES
Bioswales and similar natural landscaped runoff control facilities shall be used to enhance appearance and allow for groundwater recharge.
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(16) To ensure that the circulation system is a beneficial element in the hillside development setting and maintains, to the greatest extent possible, the natural characteristics of a hillside environment.
(17) To ensure quality development that blends with the hillside environment, and to create neighborhoods that display a cohesive and harmonious form and complementary architectural styles.
(18) To minimize resource consumption through the use of a drought-tolerant native plant palette.
501.02 Applicability
The HZ Overlay District shall be applied to all properties within the incorporated boundaries of the City of Porterville, as well as those properties within the City’s official Sphere of Influence, as may be amended from time to time, that are designated Hillside Development Zone on the Porterville 2030 General Plan Land Use Diagram.
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, including the Urban Wildland Interface Code. 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. 501.03 Required Plans and Materials
The following information is supplemental to the basic requirements for submittal of subdivision maps, information and/or other entitlement applications required for review by the Zoning Administrator and City Council. The specified data shall be submitted concurrently with all required application forms and fees, provided that the Zoning Administrator may waive submission of items deemed unnecessary. Where appropriate, the following information may be combined onto submittal exhibits. The submittal of applications for parcel maps, containing four (4) or fewer lots, shall only require items A, B, D and E.
(a) Topographical Map. A topographical map at a scale specified in development applications. This map shall identify all existing slope banks, ridgelines, canyons, natural drainage courses, federally recognized blue-line streams or Waters of the United States, rock outcroppings, existing manmade features, mines, and existing vegetation. The topographic map shall include areas of protected plant or animal communities identified in the biological resource survey report described in Subsection G2 below. Also depicted shall be known landslides and other existing geologic conditions.
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(b) Conceptual Grading Plan. A conceptual grading plan, which shall include the following items in addition to those required by the City Code:
(1) Top of walls
(2) Top of curbs
(3) High point and low point elevations
(4) Pad and/or finished floor elevations
(5) Areas of cut and fill, calculated as a percentage of the total site area (6) Contours for existing and proposed topography. Existing contours shall be depicted with a dashed line with every fifth contour darker, and proposed contours shall be depicted as above except with a solid line. Contours shall be shown at minimum intervals of five (5) feet of change in elevation, with two (2) foot contours shown in the flatter areas below ten (10) percent (7) Lot and pad dimensions, along with a statistical summary of lot and pad sizes
(8) Design of roads and driveways, including average grades indicated, as well as areas of the steepest grade
(9) Lot drainage, including the gradient of the drainage and flow velocities (c) Cut and Fill Map. A cut and fill map identifying proposed fill areas colored blue and cut areas colored red, with depths of such areas clearly shown in ten (10) foot major contour lines. Quantities of each cut and fill area shall also be clearly specified on the map.
(d) Slope Analysis Map
(1) A detailed slope analysis map to use in determining the average slope and the amount and location of land as it exists in its natural state. For the slope analysis map, the applicant shall use a base topographical map of the subject site, prepared and signed by a registered civil engineer or licensed land surveyor. The map shall have a scale of not less than one (1) inch to one hundred (100) feet and a two (2) foot contour interval. This interval may be adjusted with the approval of the Zoning Administrator and City Engineer on the basis of good engineering principles. This base topographical map shall include all adjoining properties to the extent necessary to determine impacts to neighboring properties to portray the site's context. The slope map shall delineate slope bands, with monochromatic but distinct colors for the following slope ranges:
a. Up to five (5) and nine-tenths (5.9) percent
b. Six (6) percent to ten and nine-tenths (10.9) percent c. Eleven (11) percent to twenty and nine-tenths (20.9) percent d. Twenty-one (21) percent to twenty-five and nine-tenths (25.9) percent
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f. Thirty-one (31) percent to fifty (50) percent
g. Greater than fifty (50) percent
(2) Also included shall be a tabulation of the land/area by slope percentage specified in acres. Such slope map shall be prepared using CAD-based or GIS-based software specifically designed for such purpose and approved for such use by the City Engineer.
(3) A calculation of the average slope of the entire parcel pursuant to Section 103.07, Determining Average Slope.
(4) Calculations of average slope percent shall be based upon accurate topographic surveys using a two (2) foot contour interval and a horizontal map scale of one (1) inch : 100 feet or larger.
(5) The slope analysis shall be stamped and signed by a registered or licensed professional to provide such analysis and indicating the datum, source, and scale of topographic data used in the slope analysis.
(e) Future House Plotting Map. In the event that no grading is proposed, a statement to that effect shall be filed with a plan that shows possible future house plotting and driveway design for each parcel proposed. This future house plotting map shall be prepared on a topographic map at the scale required in the development application.
Access drive and street elevations must be provided.
(f) Site Sections. Sufficient number of site sections to clearly illustrate the extent of the proposed grading. The sections shall:
(1) All be drawn at the same scale and indexed, or keyed, to the existing topography, grading plan, and project site map. Both vertical and horizontal scales shall be indicated and not overly exaggerated. The site section shall extend at least one hundred fifty (150) feet outside the project site boundary to clearly show impact on adjacent property.
(2) The site sections shall be stamped and signed by a licensed professional registered in the State of California indicating the datum, source, and scale of topographic data used in the slope profiles.
(3) The site sections shall be stamped and signed by a registered civil engineer indicating the datum, source, and scale of topographic data used in the slope profiles, and attesting to the fact that the slope profiles have been accurately calculated and identified.
(g) Technical Reports. The following technical reports:
(1) A geologic and soils report prepared by a licensed professional, in sufficient detail to substantiate and support the design concepts presented in the application as submitted
(2) A biological resource survey report identifying all existing plant communities, with sensitive or protected species or communities clearly delineated, as well as known habitat area for protected animal species, including the location of sensitive biological resources. All sensitive species Porterville Development Ordinance
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surveys shall be conducted in accordance with any applicable protocols established by the U.S. Fish and Wildlife Service and the California Department of Fish and Game. The applicant shall engage in a third party agreement with the City and the selected biological consultant and provide the funding for purposes of payment to the consultant. The report shall be signed by the person preparing such report, with the signature intended to verify that the mandatory protocols were conformed to in the analysis as per the City’s local guidelines for implementing the California Environmental Quality Act (CEQA). The submission of the biological survey may be deferred until after initial project submittal as approved by the Environmental Coordinator.
(3) An archaeological survey subject to the same terms as provided in Subsection G2. above.
(h) Architectural and Landscaping Design Guidelines Manual. A comprehensive architectural and landscaping design guideline manual shall be part of the development application. Such manual shall be required for all Hillside Development Permit applications except those involving the construction of one (1) single-family dwelling unit on an existing lot, in which case Subsection I below shall apply. Such manual shall be approved as part of the applicable Hillside Development Permit and shall be binding upon all subsequent development authorized by that applicable Hillside Development Permit. The manual shall include the following, but the applicant/land owner may include additional information at his/her discretion.
(1) Illustrative, color drawings, photos or similar representations of the various architectural styles to be used with text and visual descriptions on the overall architectural theme of the project.
(2) A neighborhood design diagram depicting the locations of proposed vehicular and pedestrian circulation, utility easements, developable pad, property lines, perimeter setbacks, parks, and recreation centers. (3) Identification of exterior building materials (structure and trim), roofing materials, and colors for primary structures.
(4) Illustrations and descriptions of permitted fencing and wall materials. (5) Illustrations and descriptions of permitted/proposed signage and entry treatments.
(6) Description and illustrative drawings or similar representations of how the architecture and building approaches established in the manual implement the Architectural Standards set forth in Subsection 501.11(g), Architectural Standards – General.
(7) Identification of landscaping approaches and plant palettes for all common open space areas, roadway medians, edge and berm treatments, common slopes, and private front yard areas.
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(8) Description of how the landscaping approaches and plant palettes established in the manual implement the Landscape Standards set forth in Section 501.10, Landscaping and Irrigation.
(i) Single Lot Applications. For applications involving one (1) single-family dwelling unit residence on an existing lot or a second unit on a single lot, architectural and landscaping treatment materials shall be provided.
(j) Additional Analysis. The following items shall also be required as part of an application, unless waived or conditionally waived by the Community Development Director or the City Council to aid in the analysis of the proposed project to illustrate existing or proposed conditions or both:
(1) A topographic model and/or large scale detailed partial model at a one (1):
one (1) vertical to horizontal relationship.
(2) A line of site or view analysis as described in Subsection L below. (3) Visual simulation of the post-development condition, including use of photographic and/or computer generated graphic renderings as described in Subsection L below.
(k) Landscape and Irrigation. Preliminary landscape and irrigation plans for all common areas showing project compliance with the provisions of this Article and requirements of the City Fire Chief for fire hazard mitigation and brush management zones in Chapter 12, Article III of the City Code and the State Code regarding wild land interface in State Response Areas.
(l) Visual Simulation
(1) Photography. The requirement for a visual simulation provides decision makers with a pictorial representation of the future condition of a development project as close to reality as possible. The photograph is the basis of view simulation, and care shall be taken in the camera selection.
The goal is to provide an analysis that, as closely as possible, represents site views from a variety of locations distant from the project and from surrounding areas that will have a direct view of the project. (2) Control Data. The location of the camera shall be recorded as accurately as possible at the time the photograph is taken.
(3) Computer Modeling. Depending on the project site location, the proposed project may be required to be modeled based on subdivision design, architectural, and landscape data. Existing terrain, buildings, survey data, and any field notes shall be included in the modeling effort. The level of detail included in the computer model will be determined by the intended use of the simulation.
(4) Staging. The computer model shall be aligned to the photographs in the rendering software utilizing the alignment data and the lens and focal length of the camera used. The model shall be lighted according to the time of day and year and the views rendered.
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(5) Rendering. The rendering process shall be completed after aligning the model to the photograph. The subject matter shall be colored and textured to simulate the proposed project as closely as possible.
(6) Photocomposition. Any retouching undertaken to make foreground objects visible shall be done in such a way so as to preserve the original photograph and the rendered image intact.
501.04 Land Use Regulations
(a) Uses Requiring a Hillside Development Permit. The following uses require a Hillside Development Permit.
(1) Any subdivision of land.
(2) Lighting of tennis courts, basketball courts, and similar sports courts. (3) Detached garages and other accessory structures containing more than fifteen hundred (1,500) square feet in gross floor area. (4) Stables, corrals, and similar facilities for the private noncommercial keeping and containment of animals.
(b) Uses Requiring an Administrative Hillside Development Permit. The following uses of land are permitted after review and approval of an Administrative Hillside Development Permit.
(1) Single-family dwelling unit, detached or attached.
(2) Second dwelling units.
(3) Detached garages and other accessory structures, up to a maximum of fifteen hundred (1,500) square feet in gross floor area.
(4) Swimming pools, spas, ponds, and associated hardscape and landscape improvements that involve the construction of any retaining walls over three (3) feet in height, subject to the issuance of a grading permit and required building permits.
(5) Tennis courts, basketball courts, and similar sports courts, subject to the issuance of a grading permit and required building permits. (6) Public and private parks.
(7) Landscaped parkways and medians, landscaped slopes, and similar other open spaces.
(8) Riding and hiking trails for pedestrians, equestrians and non-motorized vehicles.
(c) Permitted Accessory Uses. The following are permitted as accessory uses clearly subordinate to the principal use of the property.
(1) Animal Raising.
(2) Crop Cultivation.
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501.05 Ridgelines
(a) Significant Ridgelines. The Official Significant Ridgeline Map, incorporated herein by reference and identified on the Porterville 2030 General Plan Land Use Diagram, identifies crests of significant ridgelines in the City for the purpose of this chapter. The precise delineation of a ridgeline shall be determined at the time a development application is received based on Official Significant Ridgeline Map and the following criteria. Significant ridgelines are those ridgelines characterized by any combination of the criteria specified below.
(1) The ridgelines that surround or visually dominate the surrounding valley landscape either through their size in relation to the hillside or mountain terrain of which they are a part.
(2) Their visual dominance as characterized by a silhouetting appearance against the sky.
(3) A significant natural backdrop feature or separation of communities. (4) Visual dominance due to proximity and view from existing development or major corridors.
(5) As an area of significant ecological, historical, or cultural importance, such as those that connect park or trail systems.
(b) Ridgeline Preservation
(1) No grading or improvements shall occur within one hundred (100) feet of a designated and delineated significant ridgeline area, as measured horizontally on a topographic map prior to any grading or improvements. No portion of any structure shall be closer to a designated and delineated significant ridgeline area, as measured fifty (50) feet vertically from a cross section of the area.
(2) No engineered slopes, housing construction, streets, utilities, excavation, or other permanent human-made features shall be permitted within any significant ridgeline area. Exceptions may be granted as part of the Hillside Development Permit process if findings are made that:
a. The encroachment into a significant ridgeline area will be in compliance with the intent and purpose of this chapter and the specific criteria set forth herein; and
b. That conditions of approval applied via the Hillside Development Permit will implement the provisions of this chapter.
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FIGURE 501.05(B)(1): RIDGELINE SETBACKS
Significant Ridgeline Setbacks
501.06 Grading
(a) General Grading Requirements
(1) Landform grading techniques such as varying slope height, rounding tops and toes of slopes, and incorporating variable gradients shall be used to ensure that manufactured slopes mimic natural hill forms. Landform grading shall be used for all post-disturbance conditions unless determined by the Zoning Administrator and the City Engineer that landform grading is not feasible due to soils conditions, encroachment into sensitive biological resource areas, protection of watersheds or watercourses, or other similar Series 500: Overlay Zones
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considerations. Findings shall be recorded as part of the Hillside Development Permit record as to why landform grading is not feasible.
Grading shall be kept to a minimum and shall be preformed in a way that preserves significant natural features and visually blends with adjacent properties. Factors to be considered include the natural features of the site, slope and soil characteristics, vegetative cover, access to the site and orientation and visibility of both the site and the proposed development.
FIGURE 501.06(A)(1): GRADING
Landform grading techniques will resemble natural slopes. (2) Construction of artificial ridgelines shall be used to mask the view of dwelling from off-site locations, to preserve the appearance of a natural undeveloped hillside, and to preserve the appearance of open space. (3) A combination of berming and landscaping shall be used to screen utilitarian features such as, but not limited to, water tanks and detention basins. (4) Slopes which are readily visible from existing or proposed public right-ofway shall be landform graded. (5) Grading of any site shall conform to the following grading standards, based upon the percent of average slope.
a. Six (6) – fifteen (15) percent - Redistribution of earth over large areas may be permitted.
b. Fifteen (15) – twenty (20) percent - Some grading may occur, but landforms shall retain their natural character. Padded building sites may be allowed, but custom foundations, split level designs, stacking and clustering are expected to mitigate the need for large padded building areas.
c. Twenty (20) – twenty-five and nine-tenths (25.9) percent - Grading will be minimal, custom homes sites and access shall follow the natural slope of the ground, custom foundations and split level design required to reduce disturbance.
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d. Twenty-six (26) percent and steeper - No grading shall be allowed other than house pad and access to pad.
e. Minimize pad size to accommodate the structure and a reasonable amount of open space. A maximum of the remaining lot area shall be kept in the natural state of the original slope.
f. Sloping lot designs, such as split level building terraces are encouraged to reduce pad size.
g. Minimize grading within twenty (20) feet of all perimeter property lines of the project site, unless the grading naturally conforms to the existing adjacent slopes or to the planned grading of the adjacent slopes.
(b) Prohibited Grading Practices
(1) The cutting of significant ridgelines is prohibited. (2) Graded slopes that are characterized by linear (in plan), planar slope surfaces with unvarying gradients and angular slope intersections are prohibited.
(3) Manufactured slopes shall complement the adjacent natural slopes in terms of hill form and slope height.
(c) Berming
(1) Any berm three (3) feet or greater in vertical height shall be landform graded no steeper than 3:1.
(2) All berms shall have varying slope gradients and rounded tops with a horizontal dimension half the vertical height of the berm. (3) A combination of berming and landscaping shall be used to screen utilitarian features such as, but not limited to, water tanks and detention basins. (4) Landscaping materials used on berms shall be drought tolerant and fire resistant and must be approved by the Parks and Leisure Services Director.
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FIGURE 501.06(C): BERMING
Berms shall be used to help screen hillside development and utilitarian features where topography warrants it. From public view, the berm shall completely hide development and other structures, providing a view of natural slope face where topography warrants.
(d) Slopes between Residential Pads. Where there is at least a four (4) foot elevation difference between residential flat pads, slopes shall be contour graded no steeper than two (2): one (1).
FIGURE 501.06(D): SLOPES BETWEEN RESIDENTIAL PADS
Corner lot setbacks are ten (10) feet from right-of-way to privacy wall.
Side slopes against public roads shall be landform graded. (e) Road Systems Along Project Edges. Road systems shall be placed along project edges to the greatest extent practicable to maximize the use of aesthetic landscape buffers surrounding a development and to buffer residential neighborhoods from vehicular traffic. Project edges along roadway systems shall consist of varied slope and landscape treatments to provide visual interest.
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FIGURE 501.06(E): ROAD SYSTEMS ALONG PROJECT EDGES
Road systems shall be placed along project edges to create a buffer between the project and adjacent land uses. This strategy, as illustrated above, can also provide a way to take advantage of panoramic views.
(f) Use of Loffelstein and Similar Living Walls. The use of Loffelstein walls and other similar living wall systems that allow for landscaping opportunities with planting pockets and stepped designs is required. Such wall shall be subject to the following development standards.
(1) The minimum height shall be fifteen (15) feet, with a maximum height of thirty (30) feet.
(2) Such walls shall utilize a curvilinear slope pattern to mimic the appearance of natural hillside terrain.
(3) Such walls shall be planted with landscape material suitable for the climate, wall exposure relative to the sun, and taking into consideration the landscape aesthetic effect to be achieved by the overall development. The color palette and materials selected for the retaining wall shall blend in with adjacent hillsides and landscape plant palette.
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FIGURE 501.06(F): USE OF LOFFELSTEIN AND SIMILAR LIVING WALLS Loffelstein walls and similar living wall systems retain large amounts of earth while providing planting pockets for landscaping. Once landscaping matures, the wall will be masked and have a softer appearance than a hardscape wall surface.
(g) Contour Construction and Materials. Retaining walls shall follow the natural contours of the slope to the greatest degree practicable, and all materials used to construct retaining walls shall consist of native stone, poured-in-place concrete, precast concrete block, and shall be of a color and texture that mimic the color and texture of surrounding native plant materials.
(h) Retaining Wall Height Standards. The cumulative height of any retaining wall built to retain a cut slope or fill slope shall not exceed six (6) feet in height.
Cumulative height shall mean the combined height of any wall or series of walls required to retain a single slope.
501.07 Site Drainage Improvements
(a) General. Site and subdivision features required and designed to control and retain stormwater and other runoff pursuant to the requirements of City ordinances and other pertinent regulations shall be fully integrated into the design of the subdivision. Such features shall be designed and located to account for natural drainage patterns, integration of open space into overall subdivision design, location of trails and other mobility corridors, and placement of subdivision entry enhancements or other aesthetic features.
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FIGURE 501.07(A): RUNOFF CONTROL
Natural landscaped runoff control facilities shall be used to enhance appearance and allow for groundwater recharge.
(b) Materials and Color. Water retention and detention features shall consist of natural earth and plant materials that must be approved by the Parks and Leisure Director.
Concrete or similar hardscape materials shall not be permitted unless determined by the City Engineer to be the only feasible method of capturing and conveying runoff.
Wherever concrete or similar structures are necessary, per drainage and storm water control plans approved by the City Engineer, such structures shall use integral color concrete to blend with surrounding color palette that blend with the natural environment.
(c) Detention Basins
(1) A detention basin area with gentle slopes (defined as three (3): one (1) or less) and lined with turf or natural material such as rock may be used as an entry feature. Detention basins shall not be eligible for open space, park credit, or any fee credit.
(2) Detention basin side slope ratios greater than three (3): one (1) are prohibited.
(d) Bioswales
(1) Bioswales shall be used to collect surface runoff before it crosses pavement areas and to reduce ponding and damage to walkways. Bioswales shall be graded to direct water away from paved areas into detention basins prior to conveyance to the City drainage system per master plan.
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FIGURE 501.07(D)(1): USE OF BIOSWALES
Bioswales planted with native rocks and vegetation shall be used to the maximum extent to serve as a hillside community’s drainage system. (2) Bioswales shall consist of primarily herbaceous plants whose stems and leaves retard water flow and help settle pollutants, and which, with the aid of the roots, decompose into the soil.
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FIGURE 501.07(D)(2): LANDSCAPING OF BIOSWALES
Bioswales shall incorporate landscaping and gentle slopes. 501.08 Street Requirements and Design
(a) Minimum Number of Access Points. New hillside development projects shall have a minimum of two (2) points of vehicular access, one of which may be established for emergency access only, as determined by the Fire Chief through the Hillside Development Permit review process.
(b) Street Design Standards. All streets shall be designed and constructed in accordance with the following standards.
(1) Street sections shall be designed in accordance with street standards and specifications adopted by the City and as revised from time to time. In addition to such adopted standards, the following street standards shall apply to development in the Hillside Residential zone.
a. The maximum length of any cul-de-sac street shall be six hundred (600) feet unless approved otherwise by the Fire Chief and City Engineer.
b. All streets shall contain two (2) clear twelve (12) foot travel lanes.
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(2) Where split level streets are used, the following standards shall apply. a. The use of split level roads is permitted to reduce the amount and visual effect of grading (Figure 501.08(B)).
b. The ground slope between the two (2) traffic ways shall be of a ratio lesson more than two (2): one (1).
FIGURE 501.08(B): SPLIT LEVEL ROADWAYS
Use of split level roadways is permitted and encouraged where such design can be used to facilitate landform grading. This type of road can also maximize the view opportunities in the hillside setting. (3) Street grades shall not exceed the following except as may be modified by the City Council in compliance with of the Porterville City Code. The maximum length of street runs at the maximum specified grade shall be subject to the review and approval of the Fire Chief, or their respective designees. Minor adjustments to street grades shall be subject to the review and approval of the Fire Chief and the City Engineer.
a. Major Arterials shall be no steeper than eight (8) percent. b. Minor Arterials shall be no steeper than ten (10) percent. c. Collector Streets shall be no steeper than ten (10) percent. d. Local Streets shall be no steeper than ten (10) percent. e. Loaded Local Streets shall be no steeper than eight (8) percent. f. Intersections shall be at six (6) percent grade or less. g. Local Streets can have a minimum centerline radius of one hundred fifty (150) feet provided minimum sightline distances are met. h. Street grades at fire hydrant locations shall be no steeper than seven (7) percent for no less than twenty (20) feet on each side of hydrant.
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(c) Private Streets
(1) Private streets and alleys shall not be permitted unless approved by the City Council and, if approved, all private streets or alleys shall be constructed to City standards.
(2) Driveway grades shall not exceed ten (10) percent unless otherwise approved by the Fire Chief and City Engineer. The finished grade of the driveway shall conform to the finished grade of the lot. Proper design consideration shall be given to vertical curves and parking landings. (3) Common drives in single family hillside residential development shall be considered if grading is reduced by their use. Common easement maintenance agreements are required for common driveways. (d) Driveways
(1) Driveways that are less than one hundred fifty (150) feet in length shall be a minimum of twelve (12) feet wide.
(2) Driveways between one hundred fifty (150) feet and four hundred (400) feet shall be a minimum of sixteen (16) feet wide.
(3) Driveways that are greater than four hundred (400) feet in length shall be subject to the approval of the Fire Chief.
(4) Grade changes through driveway approaches and transitions shall not exceed ten (10) degrees.
(5) Driveways shall be paved with asphalt or Portland Cement Concrete (PCC).
PCC or an approved alternative shall be used when grades exceed ten (10) percent.
(6) Private driveway gates are prohibited. All automatic gates across emergency access roads shall be equipped and maintained with a City of Porterville approved key-operated switch overriding all command functions and openings of gate(s).
501.09 Open Space
(a) Requirement to Provide Developed Open Space. Developed Open Space shall be provided for attached residential development as set forth in Table 501.11(C)(4) and as otherwise required for this chapter to meet general landscaping, slope treatment, and parkway landscaping requirements.
(1) Types of Open Space. Open space in the HZ Overlay District shall consist of two (2) general types of open space:
a. Natural Open Space, which shall be defined as undeveloped areas retained in their naturally occurring condition with regard to landform, vegetation, and water features; with the exception of walking trails and viewing platforms.
b. Developed or Improved Open Space, which shall be defined as any area not occupied by structures that has been improved with Series 500: Overlay Zones
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landscaping, trails, recreation amenities, and similar features that provide opportunities for active and passive recreation, and that provide landscape improvements that enhance the overall appearance and character of a development.
(2) Use of Natural Open Space. Undeveloped open space shall be left in its natural state, with permitted improvements limited to the establishment of trails and associated viewing areas established as community open space. (b) Deed Restrictions. Any lands dedicated for open space purposes shall contain covenants and recordable deed restrictions burdening the subject property, in a form and content approved by the City Attorney, ensuring that:
(1) The open space area will not be subdivided in the future; (2) The use of the open space will continue in perpetuity for the purpose specified;
(3) Appropriate provisions will be made for the maintenance of the open space that clearly define future maintenance responsibilities; and (4) Common undeveloped open space shall not be turned into a commercial enterprise admitting the general public at a fee, unless otherwise authorized by policy or law.
(c) Open Space Ownership
(1) The fee title owner or easement holder of an interest in the land that is dedicated for open space purposes shall be selected by the property owner, developer, or sub-divider, subject to the approval by the Zoning Administrator or City Council. The ownership may vest in, but not be limited to, the following:
a. The City, subject to acceptance by the City Council of a recordable interest.
b. Other public jurisdictions or agencies, subject to their acceptance. c. Quasi-public and non-profit organizations, subject to their acceptance.
d. Homeowner associations, landscape maintenance districts or other similar organizations.
(2) The City may, in its reasonable discretion, require that the applicant establish a mechanism to fund the long-term maintenance of such open space, which may include a cash deposit, an assessment district, trust, or other appropriate funding mechanism.
(d) Maintenance. The person or entity identified as having the right of ownership or control over the open space shall be responsible for its continuing upkeep and proper maintenance as set forth in Section 501.09(b), Deed Restrictions, unless the City authorizes alternate maintenance strategies.
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(e) Required Planting Areas. Slopes requiring retaining at a height greater than three (3) feet shall be terraced for planting areas. Such planting areas shall have a minimum width of six (6) feet. No more than two (2) terraces of retaining walls shall be permitted on one (1) manufactured slope.
FIGURE 501.09(E): PLANTING AREAS
Planting areas shall be provided between terraced retaining walls. (f) Irrigation Systems Required. All planting areas shall be provided with an automatic irrigation system.
(g) Landscaped Parkways Required
(1) All public streets shall include a landscaped parkway as indicated in the General Plan.
(2) Such required parkways shall be landscaped as set forth in Section 501.10, Landscaping and Irrigation.
501.10 Landscaping and Irrigation
Landscaping is an essential part of the site development by assisting in adapting the development into the natural backdrop of the hills, by providing areas of open space for use by residents and for assisting in slope stabilization, erosion control and filtering of pollutants from stormwater.
(a) Landscape and Irrigation Plan
(1) All proposed new development shall require approval of a conceptual landscape plan. Complete landscape and irrigation plans shall be submitted as part of the building permit application process. Such plan shall be subject to the review and approval of the Parks and Leisure Services Director and the Fire Chief.
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and design quality, as well as a tree removal and retention plan with the following information.
a. Identification of the extent of vegetation removal required for site preparation and development; and
b. The location and species of individual trees of six (6) inch caliper or more. Maximum effort shall be exercised to retain existing trees in place.
(3) The Zoning Administrator may waive the landscape and irrigation plan requirement for additions and remodeling where no or only minor alterations to the existing landscape or topography are proposed.
(4) All landscaping shall be planted and maintained in compliance with approved plans.
(b) General Landscaping Standards
(1) All portions of a site where existing vegetative cover is damaged or removed, or consists primarily of weeds (typically unwanted plants that grow aggressively and are damaging to landscaping), and are not otherwise covered with new improvements, must be successfully re-vegetated with a substantial mix of native and/or drought tolerant grasses and ground covers.
The density of the reestablished vegetation must be adequate to prevent soil erosion and invasion of weeds after one (1) growing season. (2) A combination of berming and landscaping shall be uses to screen utilitarian features such as, but not limited to, water tanks and detention basins. (3) Plants with similar water requirements shall be grouped together in hydrozones.
(4) Prior to planting, consideration of soil compaction shall be used to determine planting pit depths and drainage.
(5) The Community Development Director and the Parks and Leisure Services Director shall have the authority to require other improvements such as the removal of dead or diseased trees and the thinning of trees or other vegetation to encourage desirable growth.
(c) Tree Removal and Replacement. For each existing native tree or shrub removed or damaged with a combined caliper equal to or greater than six (6) inches at four (4) feet above finish grade, a twenty-four (24) inch box minimum replacement tree or shrub of the same genus and species or as otherwise approved by the Parks and Leisure Director shall be planted on the site. For trees equal to or in excess of an 8- inch combined caliper, the replacement tree shall be a forty-eight (48) inch box or larger of the same genus and species. Should a tree of the same genus and species not be available, the applicant shall submit reasonable proof of general unavailability in the region, and a list of no less than five (5) substitutes, one (1) of which shall be of the same genus, for approval by the Parks and Leisure Services Director. The Parks and Leisure Services Director may approve a substitute or may require provisions, including but not limited to bonds or similar security, to assure the installation and maintenance of the specific genus desired.
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FIGURE 501.10(C): STANDARDS FOR TREE PROTECTION
(d) Setbacks/Slopes along Roadway Edges
(1) The following setbacks from the curb face, or line that would be the location of the curb face, to the property line shall be required from the following roadways:
a. Major Arterial: eighty (80) feet
b. Minor Arterial: sixty (60) feet
c. Parkway: forty (40) feet
d. Collector: thirty-five (35) feet
e. Local Residential Street: twenty (20) feet
(2) Setbacks and slopes along edges between roadways and rear property lines shall be fully landscaped with materials consistent with all other common open space areas. The landscape material shall transition in height to provide low vegetation immediately adjacent to the right-of-way edge to taller trees on the slope.
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FIGURE 501.10(D)(1): LANDSCAPE PLANTING SENSITIVE TO VIEWS (3) Any manufactured slope in excess of four (4) feet vertical that abuts any public or private street or other right-of-way or open space use intended for public use and/or enjoyment shall be fully landscaped in accordance with the provisions of this chapter and shall be maintained by a homeowners association or other entity required as part of the tentative map approval process for the maintenance of common open space.
FIGURE 501.10(D)(2): LANDSCAPING ALONG RIGHT-OF-WAY
Landscaping along right-of-way edges shall exhibit a transition in height up or down the slope.
(e) Drought-Tolerant/Native Vegetation
(1) All landscape plans must use native and/or drought-tolerant plant materials appropriate for their location and soil type, as identified in standard agricultural suitability soils test. Preferred landscaping materials shall Porterville Development Ordinance
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consist of native plants. Landscape and irrigation plans shall comply with the City’s water efficient landscape requirements contained in Chapter 303, Landscaping.
(2) All native vegetation outside the impact area shall be preserved and protected from damage during construction. Oak trees shall have a preservation zone of the dripline plus ten (10) feet surrounding the tree. Any project impact within this preservation zone shall be considered as damaging to the tree.
(f) Interface between Natural Open Space Areas and Development (1) The area between a structure and wildfire hazard areas, as contained within the General Plan and defined by the Fire Chief, shall be planted and maintained as consistent with the provisions of Subsection J. The transition between manufactured areas and natural areas shall be established beyond residential structures so as to permit the development to meet the State Code regarding wild land interface in State Response Areas.
(2) Climactically suitable shrubs and trees shall be used as wind breaks as appropriate.
(g) Landscaping as Focal Points. Significant landscaping, such as signature trees (i.e., large or unique trees), hedges, and flowering plants shall be used to provide focal points within a development, including and specifically as entry statements that shall require the following setbacks measured diagonally from face of curb, or the line that would be the location of the curb face:
(1) Major Arterial: one hundred (100) feet
(2) Minor Arterial: eighty (80) feet
(3) Parkway: fifty (50) feet
(4) Collector: fifty (50) feet
(5) Local Residential Street: twenty (20) feet
A landscape area shall then be provided generally matching the depictions within Figure 501.10(G). Provisions for maintenance of said landscape areas shall be an integral component of project approval. No landscaping or other features shall interfere with the established sight distance needed for safe vehicular access at intersections.
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FIGURE 501.10(G): LANDSCAPED ENTRIES AND FOCAL POINTS
(h) Slope Maintenance and Erosion Control
(1) All cut and fill slopes shall be planted with native and/or drought-tolerant vegetation and irrigated with an automatic irrigation system to prevent erosion.
(2) All cut or fill slopes exceeding five (5) feet in vertical height shall be planted with adequate plant material to protect the slope against erosion.
Planting shall be in the ratio of at least one (1) shrub per sixteen (16) square feet of natural slope area and one (1) tree per four hundred (400) square feet of actual slope area, with ground cover to completely cover the slope within twelve (12) months from planting.
(3) All shrubs shall be a minimum one (1) gallon size,
(4) All trees shall be minimum fifteen (15) gallon size. (5) Slopes less than five (5) feet in vertical height shall be planted with ground cover to cover the slopes completely within twelve (12) months of planting. (6) Landscape coverage and stabilization of graded slopes shall be selected and designed to be compatible with surrounding natural vegetation. A Cityapproved irrigation system shall be utilized for plant establishment. A minimum three (3) feet flat area from top or toe of slope of twenty (20) feet or greater in height shall be maintained to face of wall or fence on common area maintenance slopes.
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(7) Shrubs on manufactured slopes shall be heavily concentrated along the drainage flow of swales.
(8) Lawns and sod shall not be installed on slopes steeper than four (4): one (1).
Low-maintenance bunch grasses can be used on slopes steeper than four (4):
one (1).
(i) Irrigation
(1) Irrigation shall be designed to conserve water and to protect existing native vegetation.
(2) Drip irrigation shall be required in appropriate areas to reduce overspray and runoff.
(3) Irrigation needs shall be reduced by careful control of drainage pattern on a slope and selection of appropriate plant material.
(4) Technological irrigation equipment, such as humidity sensors, that control irrigation settings and run times due to seasonal weather changes shall be used.
(j) Fuel Modification Zones
(1) A permanent fuel modification area and fire prevention plan shall be required, subject to the determination of the Fire Chief, around development projects, or portions thereof, that are adjacent or exposed to hazardous fire areas for the purpose of fire protection. The recommended width of the fuel modification area shall be based on applicable Building and Fire Codes and the State Code regarding wild land interface in State Response Areas and the recommendations of the Fire Chief, with consideration given to:
a. The natural non-graded slope of the land within the project and in the areas adjacent to the project.
b. Fuel loading.
c. Access to the project by fire suppression equipment, and access directly to the fuel modified area, and egress out of the project in case of evacuation.
d. The on-site availability of water that can be used for firefighting purposes with regard to fire flows, water pressure, and duration. e. “Built-in” fire protection within structures.
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FIGURE 501.10(J): FUEL MODIFICATION ZONES
Fuel modification zones shall be designed to have graduated zones of reduced fuel.
(2) Adequate provisions shall be made for the continual maintenance of such areas, and the Fire Chief may require brush, vegetation, or debris to be removed and cleared consistent with the provisions of Chapter 12, Section
12.1.1 of the Porterville City Code, which adopts the Uniform Fire Code as the City’s fire code.
(k) Private Yard Landscaping. The paving of over forty (40) percent of either the front yard or rear yard shall not be permitted.
(l) Screening
(1) Landscaping shall be designed to screen the view of downslope building elevations. The landscape plan for individual residential dwellings shall specifically consider the downslope elevation and demonstrate that portions of elevations below the bottommost floor are screened from view.
Downslope elevations visible from any adjacent property or public right-ofway shall be landscaped with a selection of shrubs and trees that screen the downslope portion from view to the satisfaction of the Zoning Administrator.
(2) Visual screening and privacy within side and rear yards shall be provided; front yards and building entrances shall be substantially visible for security purposes.
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(m) On-lot Tree Program
(1) A minimum of two (2) trees shall be installed and permanently maintained in each rear yard.
(2) One (1) additional tree shall be installed along the side yard adjacent to the street on corner lots with uphill visibility from roads. (3) Tree sizes shall be a minimum of twenty-four (24) inch box for rear yards with fifteen (15) feet depths or less and thirty-six (36) inch box for rear yards that are greater than fifteen (15) feet deep.
(4) Minimum distance between tree trunk and adjacent property line shall be five (5) feet.
(5) Soil compaction and drainage shall be considered when determining planting pit depths.
FIGURE 501.10(M): ON-LOT TREE PROGRAM
On-lot tree program requires trees planted in each lot. 501.11 Development Standards
(a) Allowable Density Calculation Procedures. For the purposes of this chapter, allowable density is defined as the maximum number of dwelling units permitted per gross acre of land. The maximum allowable density shall be based upon and established by the average slope of a property, calculated in compliance with Section 501.03(d)(3), Slope Analysis Map. The maximum allowable density based on the average slope shall be as set forth in to Table 501.11(A).
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TABLE 501.11(A): MAXIMUM ALLOWED DENSITY BASED ON AVERAGE SLOPE Average Slope Maximum Allowable Density
Less than 5.9% inclusive 2.4 units/acre
6 to 10.9% 2.2 units/acre
11 to 20.9% 1.8 units/acre
21 to 25.9% 1.0 units/acre
26 to 30.9% 1 unit/20 acres
31 to 50% 1 unit/80 acres
(1) The maximum dwelling unit yield based on the maximum allowable density mathematical sum shall be considered maximum potentials and not an entitlement, right or vested right to develop. Other factors and individual property characteristics will affect and may reduce the yield, including but not limited to: physical constraints, floor-area ratio, compliance with design guidelines, engineering design standards, hillside development standards; and performance criteria such as access, emergency response standards, and sensitive grading techniques and volumes.
(2) Calculating the maximum allowable density for any parcel or group of parcels under common development application within the HZ Overlay District shall involve the following steps:
a. Establish allowed density based on average slope:
1. Alternative 1 – Average slope of the parcel or group of parcels. For Alternative 1, the average slope shall be
calculated in compliance with Section 501.03(d)(3), Slope Analysis Map. For example, a one hundred (100) acre parcel which has an average slope for the entire parcel of twentyfive (25) percent would yield a maximum of one hundred (100) units.
2. Alternative 2 – Recalculation alternative. The largest contiguous area of the least steep slope category may be used to calculate average slope in compliance with the method established in Section 501.03(d)(2), Slope Analysis Map. For example, on a one hundred (100) acre parcel, of which 60 acres has an average slope of more than twenty-five and ninetenths (25.9) percent, thirty (30) acres are between twenty-one (21) to twenty-five and nine-tenths (25.9) percent slope, and there is a contiguous ten (10) acre area of between eleven (11) to twenty and nine-tenths (20.9) percent, the ten (10) acres with a average slope of eleven (11) to twenty and nine-tenths (20.9) percent can be used to recalculate allowable density (1.8 units/acre X 10 acres = 18 units)
(3) For the purposes of this chapter, floor-area ratio (FAR) is defined as the ratio of the total gross square footage of the dwelling unit excluding both attached and detached garage square footage and any accessory structure on Porterville Development Ordinance
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a lot to the square footage of the pad or that portion of the lot containing the dwelling and having a gradient of five (5) percent or less. After constraints and performance criteria have been addressed to develop a maximum yield, the maximum yields for a parcel is further affected by average FAR and are based on Table 501.11(A)(3).
TABLE 501.11(A)(3): UNIT YIELD BASED ON FLOOR-AREA RATIO Dwelling Unit Yield Maximum FAR
Maximum units 0.4
80% of Maximum 0.5
70% of Maximum 0.6
60% of Maximum 0.7
(4) Physical constraints are the on-site circumstances and resources that will be protected consistent with policies in the General Plan or other regulatory requirements. Factors that require special consideration are as follows:
a. USGS blue-line streams, sensitive biological resource areas identified in the biological resource survey report completed for the project, and archaeological resources identified in the archaeological survey conducted for the project.
b. Areas greater than twenty-five and nine-tenths (25.9) percent slope greater than one (1) acre as determined by Section 501.03(d), Slope Analysis Map.
c. Liquefiable soils, shallow hard rock, and faulting.
d. Large, mature native trees including: Coastal Live Oak, Sycamores, or Willow.
(b) Detached Dwellings. Standards for detached dwelling units will provide assurance that development will be appropriate to the hillside setting. The following standards combined with the standards for grading and drainage, subdivision and landscaping design will result in adaptive hillside development.
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FIGURE 501.11(A): HILLSIDE DEVELOPMENTS
Hillside developments should be designed with respect to natural hill characteristics and development intensity appropriate for the area. (1) Density. Density limitations shall be determined as set forth in Table 501.11(A) of this chapter.
(2) Minimum Pad Size. The minimum area of a pad on a lot, including the summation of multiple pad areas where split-level construction is proposed, shall be six thousand (6,000) square feet.
(3) Building Setbacks. Building setbacks shall be set forth in Table 501.11(B)(3).
TABLE 501.11(B)(3): BUILDING SETBACKS DETACHED DWELLINGS Setbacks
Pad Size in Square Feet
6,000 to 8,000 8,000 to 10,000 10,000 and greater
Front yard 20’ 30’ 40’
Side yard 7.5’ 7.5’ 10’
Rear yard 20’ 20’ 30’
Corner Setbacks
*Face of curb to privacy
wall
20’ 20’ 25’
Privacy wall to structure 10’ 10’ 15’
*Setbacks are measured from face of curb or for rolled curbs, from the flowline.
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FIGURE 501.11(B): BUILDING SETBACKS
Building Setbacks for six thousand (6,000) to ten thousand (10,000) sq. ft. pads and greater.
(4) Floor-Area Ratios. Maximum allowable floor-area ratios shall be as set forth in Table 501.11(A)(3).
(5) Building Height – Primary Structure. Each proposed single-family detached structure in the HZ Overlay District shall comply with the following height limits.
a. Height Measurement. The maximum allowable building height shall be measured as the vertical distance from the existing or planned grade of the site at the point of the building foundation to an imaginary plane located at the allowed number of feet above and parallel to the grade. For split-level construction, each building component shall be measured from the lowest elevation of the site pad area on which that component is located.
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FIGURE 501.11(B)(5): BUILDING HEIGHT
Allowable building height for conventional and split-level construction. b. General Height Limit. No structure shall exceed a height of thirtyfive (35) feet. c. Height of Lowest Floor Level. The vertical distance between the lowest point where the foundation wall meets grade and the lowest floor line of the structure shall not exceed six (6) feet. (c) Attached Dwellings
(1) Density. Density limitations shall be determined as set forth in Table 501.11(A) of this section. Where attached housing is proposed, the overall permitted density of a development site shall determine the maximum number of units allowed, and all such units may be clustered or attached on a lot or lots restricted to a limited area of the development site, with the density calculation applicable to the site as a whole. However, in compliance with the provisions of Section 501.09, Open Space, any remainder open space lot or lots shall be deed restricted against further residential development and shall be permanently maintained as required by the provisions of this chapter.
(2) Building Height. Each proposed attached or clustered dwelling unit structure shall comply with the following height limits. a. Height Measurement. The maximum allowable building height shall be measured as in compliance with Section 501.11(b)(5), Building Height – Primary Structure.
b. General Height Limit. No structure or group of structures shall exceed a height of thirty-five (35) feet.
c. Height of Lowest Floor Level. The vertical distance between the lowest point where the foundation meets grade and the lowest floor line of the structure shall not exceed six (6) feet.
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(3) Building Setbacks. Buildings shall be set back from lot lines as indicated in Table 501.11(C)(3).
TABLE 501.11(C)(3): ATTACHED BUILDING SETBACKS FROM LOT LINES Yard Lot Line Minimum Setback
Front yard 20’
Side yard 15’
Rear yard 20’
*Face of curb to privacy wall 20’
Privacy wall to structure 10’
*Setbacks are measured from face of curb or for rolled curbs, from the flowline. a. Building to Building. The minimum setback between structures shall be no less than twenty (20) feet.
b. Building to Street or Parking Area. The minimum building setback to street or parking area shall be no less than twenty (20) feet, measured from face of curb.
c. Building to Privacy Wall. The minimum building setback to privacy wall shall be no less than twenty (20) feet.
FIGURE 501.11(C)(1): BUILDING SEPARATION AND SETBACKS
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FIGURE 501.11(C)(2): REAR YARD AND SIDE YARD SETBACKS
(4) Required Common Open Space Area. Every attached or cluster development project shall be required to provide common open space areas accessible to all dwelling units within such development project. The required area shall be as set forth in Table 501.11(C)(4). Such common open space area may consist of passive landscaped area, common recreation facilities such as a swimming pool or sports court, or any combination of such improvements. The minimum dimensions of such common open space area shall be twenty (20) feet by twenty (20) feet. Such common open space shall be centrally located and equally accessible to all dwelling units within the development.
TABLE 501.11(C)(4) REQUIRED COMMON OPEN SPACE FOR ATTACHED
DWELLINGS
Numbers of Dwelling Units
within Development
Required Open Space Area
0-20 100 sq. ft. per dwelling unit
21-40 150 sq. ft. per dwelling unit
40+ 200 sq. ft. per dwelling unit
(5) Location of Garages. Garage structures for attached and cluster developments are not required to be attached to the dwelling units they serve. Common garage structures may be developed, provided parking is provided for each dwelling unit in compliance of the requirements of Section 501.09, Open Space.
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(d) Custom Lot Design and Development Standards
(1) Design Standards – General
a. Roadways, driveways, and individual building pads shall be designed to conform to the natural hillside contours, blending into the environment rather than forcing building sites and infrastructure upon the land. An emphasis shall be placed on limiting grading to individual flat graded pad areas for residential building sites and any roads accessing the residential building sites, ensuring a minimal cut and fill situation.
b. Any areas that require grading shall incorporate landform grading techniques to further encourage the natural appearance of custom pads.
c. For any standard not specifically indicated in this Section as applying to custom lot development, the general standards applicable to all development in the HZ Overlay District shall apply.
(2) Landscape Standards. Custom lot development shall implement landscape standards that avoid harsh or abrupt transitions between open space and development while providing a combination of landscape materials that blend into the adjoining natural open space. Landscape setbacks along roads and along flat pads of custom lots shall be required to ensure that suitable transitions from residential development to natural open space are accomplished.
(3) Architectural Standards. Individual houses on custom lots shall be visually compatible with the surrounding area, with architecture that complements the adjacent natural environment and any adjoining residential structures and/or neighborhoods.
(4) Grading Standards
a. Unless otherwise specified in this section, the landform grading practices set forth in Section 501.06, Grading, shall apply. b. Retaining walls shall be screened from public view to the greatest extent possible.
(5) Development Standards
a. The minimum pad size shall be no less than ten thousand (10,000) square feet unless the site is over fifteen (15) percent average slope in which case smaller padded building sites are allowed to reduce grading impacts as set forth in Section 501.06, Grading. b. Maximum building height, as measured from finished grade to top of building, shall be as follows:
1. Eighteen (18) feet – Single (1) story portion of structure
2. Twenty-eight (28) feet – Two (2) story portion of structure
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c. Setbacks shall be provided as set forth in Table 501.11(C)(3). d. No fence or walls shall exceed a height of six (6) feet, and all fences and walls shall comply with the regulations set forth in Section 501.11(g)(6), Fencing and Privacy Walls.
e. Walls and opaque fencing shall be permitted only on the flat pad of a custom lot.
f. The minimum landscape setback of twenty (20) feet shall be provided between developed pad and natural vegetation.
g. The maximum step in foundation wall shall be no higher than ten (10) feet to account for homes built in a hillside setting. h. Where no standard is specifically indicated in this subsection, the development standards set forth in Section 501.11(a), Allowable Density Calculation Procedures, shall apply.
(e) Accessory Structures
(1) Accessory structures shall either be constructed as an integral part of the main dwelling unit or be within the setbacks set forth in Table 501.11(C)(3). (2) The height of any accessory structure shall be limited to sixteen (16) feet. (3) Accessory structures shall not be permitted within any front yard area. (4) Accessory structures shall maintain a minimum five (5) foot setback from rear and side pad edges. For pads on lots adjacent to a street, a minimum twenty (20) foot setback from any pad edge to the street shall be maintained.
A side yard on the street side of a corner lot shall maintain a minimum twenty (20) foot setback from pad edge.
(f) Other Regulations
(1) Exterior Lighting. Exterior lighting shall be provided and properly shielded to avoid glare and the spill of light to surrounding areas. Low-level lighting and the use of multiple low profile fixtures is encouraged, as opposed to the use of fewer, but taller fixtures. Emphasis for exterior lighting shall be on safety and landscape lighting as opposed to building lighting. The applicant shall present descriptions of exterior lighting in the design guideline manual required by Section 501.03(h), Architectural and Landscaping Design Guidelines Manual.
(2) Decks. No portion of the walking surface of a deck with visible underpinnings shall exceed a height of 6 feet above grade. Decks shall be integrated into the architecture of the house and not appear as an add-on to the primary building mass. The applicant shall present illustrations and descriptions of decks in the design guideline manual required by Section 501.03(h), Architectural and Landscaping Design Guidelines Manual. (3) Utilities. All newly installed utilities shall be placed underground unless, in the determination of the authority responsible for approving the Hillside Development Permit, such requirement would result in unsafe conditions.
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All existing electric power lines of capacity sixty-six (66) kilovolts or less shall be relocated underground. All utilities shall be placed underground unless, in the determination of the authority responsible for approving the Hillside Development Permit, such requirement would result in unsafe conditions.
(4) Gated Communities Prohibited. Gated communities shall be prohibited. (5) Private Gates at Driveway Prohibited. All gates or other structures or devices, which could obstruct emergency access or otherwise hinder emergency operations, shall be prohibited. Private gates at driveways that do not hinder emergency access or operations shall be setback a minimum of thirty (30) feet from the front property line.
(g) Architectural Standards – General. To achieve hillside compatible development, the City recognizes the importance of having architectural design that incorporates rooflines and other building elements that reflect the naturally occurring ridgeline silhouettes and topographical variation.
(1) Conformance with Project Design Manual. The applicant shall demonstrate how the architectural criteria of this section are met in the design guideline manual required by Section 501.03(h), Architectural and Landscaping Design Guidelines Manual.
(2) Architectural Themes
a. For subdivisions consisting of production-style development, whereby dwelling units are constructed by a single developer utilizing a limited number of floor plans and building architectural styles, the architectural styles throughout the development shall be thematically consistent with one another. Varying floor plans, colors, materials, and building forms shall be utilized such that within a single development project, a minimum of nine (9) different elevations are available. However, where attached units are provided, a more unified architectural scheme is permitted.
b. For custom lot developments consisting of a subdivision of more than one (1) lot, the requirement for a design guideline manual, as set forth in Section 501.03(h), Architectural and Landscaping Design Guidelines Manual, shall apply.
c. For a development consisting of one (1) home on an existing lot, such homes shall comply with the requirements of Section 501.11(b), Detached Dwellings.
(3) Required Treatments
a. Architectural treatments on all exterior walls of any building shall be designed to avoid a monotonous or continuous façade of the exterior wall. Under no circumstance shall the front and rear façade of any building be in one (1) continuous vertical or horizontal plane.
Architectural features and details shall be located on all exterior walls of the building, including the rear and sides of the building.
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Buildings shall utilize wall articulation (i.e., insets, pop-outs, etc.) and roof orientation as a means to prevent massing.
b. The apparent size of exterior wall surfaces visible from off the site shall be minimized through the use of single-story elements, building face setbacks, overhangs, landscaping, and/or other means of horizontal and vertical articulation to create changing shadow lines and break up of massive forms.
FIGURE 501.11(G)(3): BUILDING FACADES
Building facades shall be articulated and create visual interest. (4) Finish Materials/Color. Building materials and colors shall be compatible with the natural setting. Exterior colors shall be limited to earth tones found in nearby natural vegetation and/or soil, or come from natural sources (e.g., rock, stone, wood), or resemble a natural appearance.
(5) Support Structures
a. Support structures (e.g. columns, pilings, etc.) below the lowest floor on the downhill side of a house, if and where permitted as part of the Hillside Development Permit review process, shall be enclosed unless visible structural members are an integral feature of the architectural design.
b. A support structure wall surface shall not exceed six (6) feet in height.
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FIGURE 501.11(G)(5): SUPPORT STRUCTURES
Support structures shall be minimized in height.
(6) Fencing and Privacy Walls
a. All fences and masonry walls adjacent to or fronting on public roads or major public spaces shall be of decorative masonry or other approved materials that have a natural appearance (e.g. masonry walls, pre-fabricated modular concrete) and shall be a color that blends with the natural surrounding environment and complements the landscaping. The use of indigenous rock and colors or materials which blend with the surrounding natural landscape shall be preferred. The applicant shall present illustrations and descriptions of fencing and wall materials in the design guideline manual required by Section 501.03(h), Architectural and Landscaping Design Guidelines Manual.
b. Any fence or privacy wall adjacent to a public road or major public space shall be placed at the top of a slope.
c. All fences and privacy walls, whether or not visible from a public road or major public open space, shall be limited in height to six (6) feet, as measured from the grade on which the bottom of the fence or wall is placed to the uppermost extent of such fence or wall. d. Solid fences and walls in a required front yard area, or within the street side yard on a reverse corner lot shall not exceed a height of forty-two (42) inches.
e. Open work fences, whereby the fence is ninety (90) percent open or more, shall not exceed a height of forty-eight (48) inches within the front setback or within the street side yard on a reverse corner lot, otherwise the height limitations specified in (c) and (d) above shall apply.
f. The provisions of Chapter 21, Article III, Section 21-3(f) of the City Code regarding corner rounding areas shall apply.
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with the distance measured from the fence or privacy wall to the face of curb.
h. Any fence or wall that runs along the top of a landform and silhouettes against the sky shall be transparent to allow views from off-site to be unobstructed.
FIGURE 501.11(G)(6): SETBACK FROM PRIVACY WALL
Adequate setback shall be provided between curb and privacy wall.
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Chapter 502 Single Story (S) Overlay District
Sections:
502.01 Purpose
502.02 Applicability
502.03 Building Height and Number of Stories
502.01 Purpose
The Single Story (S) Overlay District is intended to ensure the scale of new development is compatible with existing development and uses in transitional zones. 502.02 Applicability
The standards of this chapter apply to all lands within the S Overlay District mapped on the Official Zoning Map.
502.03 Building Height and Number of Stories
Building height shall not exceed thirty-five (35) feet. All buildings are limited to single story construction.
Figure 502.02: S Overlay Districts
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Series 600: Administration and Permits
Chapter 600 Planning Agency
Sections:
600.01 Purpose
600.02 City Council
600.03 Zoning Administrator
600.04 Project Review Committee
600.05 Parcel Map Committee
600.01 Purpose
This chapter identifies the bodies, officials, and administrators, with designated responsibilities under various parts and chapters of this Ordinance. Subsequent chapters of this series provide detailed information regarding various procedures, applications, and permits including zoning, and General Plan text and map amendments, fees, and enforcement. When carrying out their assigned duties and responsibilities, all bodies, administrators, and officials shall interpret and apply the provisions of this Ordinance as minimum requirements adopted to implement the policies and achieve the objectives of the General Plan.
600.02 City Council
The City Council has the following powers and duties under this Ordinance:
(a) Initiate, consider and adopt, reject or modify amendments to the General Plan pursuant to the provisions of Chapter 607, Amendments to General Plan; (b) Initiate, consider and adopt, reject or modify amendments to the text of this Ordinance pursuant to the provisions of Chapter 608, Amendments to Zoning Map and Text and the State Government Code;
(c) Approve, conditionally approve, modify or deny Conditional Use Permits and Variances pursuant to the provisions of Chapter 604, Conditional Use Permits and Chapter 606, Variances;
(d) Approve, conditionally approve, or deny major subdivisions pursuant to the provisions of Chapter 401, Preliminary Maps;
(e) Hear and decide appeals from decisions of the Zoning Administrator on Temporary Use Permits, minor modifications of approved Conditional Use Permits, administrative approvals, environmental review, and any other permits that can be Porterville Development Ordinance
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appealed pursuant to the provisions of Chapter 612, Appeals and other applicable requirements;
(f) Hear and decide appeals from decisions of the Parcel Map Committee on minor subdivisions pursuant to the provisions of Chapter 612, Appeals and other applicable requirements;
(g) Enter into development agreements with property owners pursuant to the provisions of Chapter 609, Development Agreements and the State Government Code; (h) Establish, by resolution, a schedule of fees and deposits for the various applications and services provided pursuant to this Ordinance;
(i) Initiate proceedings to revoke or amend Conditional Use Permits pursuant to the provisions of Chapter 613, Enforcement; and
(j) Determine which incentives the City should grant to developers proposing projects that are eligible for such incentives under this Ordinance and the provisions of State law applicable to affordable housing and childcare facilities 600.03 Zoning Administrator
The Zoning Administrator is the Community Development Director or his designated appointee. The Zoning Administrator has the following powers and duties under this Ordinance:
(a) Provide professional recommendations to the City Council, other appointed officials and City management on matters related to the planning and development of the community;
(b) Administer the provisions of the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA);
(c) Approve, conditionally approve, modify, or deny applications reviewed by the Project Review and Parcel Map Committees;
(d) On behalf of the City execute Indemnification and Cost Recovery Agreement for projects requiring discretionary permits and/or those evaluated under the provisions of CEQA and NEPA.
(e) Hear and decide applications for Temporary Use Permits, minor modifications of approved Conditional Use Permits, and administrative approvals subject to appeal to the City Council;
(f) Hear and decide applications for adjustments pursuant to provisions of Chapter 610, Adjustments;
(g) Make determinations of zoning conformance pursuant to Chapter 602, Zoning Conformance Review;
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(h) Make environmental determinations on any approvals it grants that are subject to environmental review under the California Environmental Quality Act and the procedures in Chapter 611, Environmental Review;
(i) Negotiate the components and provisions of development agreements for recommendation to the City Council;
(j) Issue administrative regulations for the submission and review of applications; (k) Administratively approve or deny a use or occupancy where authority to do so is provided for in this Ordinance;
(l) Make determinations of uncertainty of Boundaries on the Official Zoning Map pursuant to Official Zoning Map and District Boundaries, Chapter 101.02(b); (m) Determine whether a legally approved permit has lapsed due to lack of implementation or an extension as provided for in Expiration and Extension, 601.08 (a) and (b); and
(n) Act as the Environmental Coordinator in administering the provisions of the California Environmental Quality Act.
600.04 Project Review Committee
The Project Review Committee consists of the Zoning Administrator, City Planner, City Engineer, Chief Building Official, and Fire Chief or their designees. The Project Review Committee shall review development proposals for the following projects through the Project Review Process:
(a) All new or additions of five hundred (500) square feet or more to commercial or industrial structures more;
(b) Multi-Family Residential developments of four (4) or more units or consisting of two (2) or more structures;
(c) A change in occupancy or where the new occupant is in a different use classification than the former occupant; and
(d) Any project that requires a discretionary approval, including but not limited to, Conditional Use Permits, Variances, zoning change, general plan amendment, subdivision, and annexation.
(e) Preliminary review of a map application.
600.05 Parcel Map Committee
The Parcel Map Committee shall review and approve, conditionally approve or disapprove subdivision maps for Minor Subdivisions as defined in Chapter 402, Tentative Map, unless other related discretionary permits require approval by the City Council. In this case, the Parcel Map Committee actions will be in the form of a recommendation to the City Council. The Parcel Map Committee shall also make environmental determinations on any Porterville Development Ordinance
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approvals it grants that are subject to environmental review under the California Environmental Quality Act and the procedures in Chapter 611, Environmental Review.
Said Parcel Map Committee shall include the Zoning Administrator, City Engineer and Fire Chief or their designees. The Zoning Administrator shall serve as committee chairman.
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Chapter 601 Common Procedures
Sections:
601.01 Purpose
601.02 Application Forms and Fees
601.03 Mandatory Pre-application Review
601.04 Review of Applications
601.05 Public Notification
601.06 Scope of Approvals
601.07 Effective Dates
601.08 Expiration and Extension
601.09 Modification of Approvals; Changed Plans
601.10 Revocation of Approvals
601.11 Appeals
601.01 Purpose
This chapter establishes procedures that are common to the application and processing of all permits and approvals provided for in this Ordinance unless superseded by specific requirement of this Ordinance or State law.
601.02 Application Forms and Fees
(a) Applicants. The following persons may file applications:
(1) The owner of the subject property; and
(2) An agent representing the owner, duly authorized to do so in writing by the owner, including a person with a duly executed written contract or exclusive option to purchase the subject property or a lessee in possession of the subject property.
(b) Application Forms and Supporting Materials
(1) Application Forms. The Zoning Administrator shall prepare and issue application forms and lists that specify the information that will be required from applicants for projects subject to the provisions of this Ordinance, as required by the California Permit Streamlining Act.
(2) Supporting Materials. The Zoning Administrator may require the submission of supporting materials as part of the application, including but not limited to, statements, photographs, plans, drawings, renderings, material samples and other items necessary to describe existing conditions and the proposed project. The Zoning Administrator may require sufficient information to determine the level of environmental review that shall be required pursuant to the California Environmental Quality Act and the City’s adopted environmental review guidelines. Unless otherwise specified, all renderings shall depict the proposed structure, landscaping, other Porterville Development Ordinance
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improvements, and surrounding land uses as they would appear one (1) month after project completion.
(3) Availability of Materials. All material submitted becomes the property of the City, may be distributed to the public, and shall be made available for public inspection. Upon reasonable request, and during normal business hours, any person may examine an application and materials submitted in support of or in opposition to an application in the Community Development Department. Unless barred by law, copies of such materials shall be made available at a reasonable cost to be established by City Council resolution. (4) Indemnification and Cost Recovery Agreement. Applicants shall submit an executed indemnification agreement which indemnifies and holds the City harmless from any action in connection with the project being reviewed and commits to cost recovery relating to an appeal as well as all court costs relating to legal challenges. Costs associated with implementing mitigation monitoring shall be included in the agreement.
a. Failure or refusal by any or all of the Applicant(s) to enter into the Indemnification and Cost Recovery Agreement in favor of the City of Porterville, in a form provided by the Community Development Department, Planning Division, shall result in and be deemed an abandonment of the application and application approval, and all rights accrued to the Applicant(s) to proceed under the City’s actions in such regard shall be deemed immediately revoked, and the City will be entitled to seek all remedies available to it under law, including, but not limited to, breach of contract and/or enforcement of any code violations.
(c) Payment and Waiver of Application Fees
(1) Schedule of Fees. The Council shall establish fees for permits, informational materials, copying, and other such items by resolution.
Applications for Permits shall be accompanied by the required fees. Payment of the fee is required in order for an application to be complete under the Permit Streamlining Act.
(2) Fee Waiver. No fee shall be required when the applicant is the City, or if it is waived under any other provision of the Municipal Code. 601.03 Project Review Committee
Project Review Committee (PRC) is a process that is intended to provide information on relevant General or Specific Plan policies, zoning and subdivision regulations, and procedures related to projects pursuant to this Ordinance. (a) Projects Requiring Project Review. Review is required for the following projects:
(1) All new commercial or industrial structures and additions of five hundred (500) square feet or more;
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(2) Multi-Family developments of four (4) or more units or consisting of two (2) or more structures;
(3) A change in occupancy or where the new occupant is in a different use classification than the former occupant; and
(4) Any project that requires a discretionary approval, including but not limited to: Conditional Use Permits, Variances, planned developments, mixed use projects, zoning changes, general plan amendments, subdivisions, and annexations.
(5) Preliminary review of a map application.
(b) Payment of Fee. No application will be accepted for PRC without payment of a fee established by resolution of the City Council and submission of materials that the Zoning Administrator has determined necessary to conduct such review. (c) Submittal Requirements. The applicant shall submit to the Zoning Administrator nine (9) copies, or as may be determined necessary at the time of submittal, of a preliminary map, site plan drawn to scale and dimensioned, and other materials to indicate the essential characteristics of the project. For tentative subdivisions, the preliminary map shall be in compliance with Chapter 401, Preliminary Map. (d) Review. The Zoning Administrator will then, within twelve (12) days, schedule a meeting of the Project Review Committee with the applicant on the proposed project. The Project Review Committee will make such general recommendations to the applicant as shall seem proper regarding such proposed project and shall recommend consultations by the applicant with such other public or private agencies as it shall designate.
(e) Summary of Recommendations. The Project Review Committee shall furnish written copies of its recommendations to the applicant. (f) Permit Streamlining Act. An application that is accepted for project review shall not be considered complete pursuant to the requirements of the California Permit Streamlining Act unless it has been reviewed and determined to be complete in compliance with the requirements of Section 601.02, Application Forms and Fees.
If an application requires the submittal of an application(s) for discretionary permit approval, the application will not be deemed complete until such time as a completed application and fees are submitted for the discretionary review. 601.04 Review of Applications
The Zoning Administrator shall determine whether an application is complete within thirty (30) days of the date the application is filed with the required fee. (a) Incomplete Application. If an application is incomplete, the Zoning Administrator shall provide written notification to the applicant listing the applications for permit(s), forms, information and any additional fees that are necessary to complete the application.
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(b) Complete Application. When an application is determined to be complete, the Zoning Administrator shall make a record of that date. If an application requires a public hearing, the Zoning Administrator shall schedule it and notify the applicant of the date and time.
(c) Concurrent Processing. Applications requiring multiple approvals, permits, adjustments, or entitlements under this Ordinance shall be heard and acted upon at the same time. Those items requiring public notification shall be notified together. (d) Extensions. The Zoning Administrator may, upon written request and to provide reasonable accommodation, grant extensions of any time limit for review of applications imposed by this Ordinance in compliance with applicable provisions of State law.
601.05 Public Notification
Whenever the provisions of this Series require public notice, notification shall be provided in compliance with the requirements of State law and as follows. (a) Mailed Notice. At least ten (10) days before the date of the public hearing, the Zoning Administrator shall provide notice by First Class mail delivery to:
(1) The applicant, the owner, and any occupant of the subject property; (2) All property owners of record within a three hundred (300) foot radius of the subject property as shown on the latest available assessment role; and (3) Any person or group who has filed a written request for notice regarding the specific application.
(b) Newspaper Notice. At least ten (10) days before the date of the public hearing, the Zoning Administrator shall provide notice by at least one (1) publication in a newspaper of general circulation published in the City. (c) Alternate Method for Large Mailings. If the number of owners to whom notice would be mailed or delivered is greater than one thousand (1,000), instead of mailed notice, the Zoning Administrator may provide notice by placing a display advertisement of at least one-eighth (1/8) page in at least one (1) newspaper of general circulation at least ten (10) days prior to the hearing. (d) Contents of Notice. The notice shall include the following information:
(1) A general description of the proposed project or action and the location of the real property, if any, that is the subject of the application; (2) The date, time, location, and purpose of the public hearing; (3) The identity of the hearing body;
(4) The names of the applicant and the owner of the property that is the subject of the application;
(5) The location at which the complete application and project file may be viewed by the public;
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(6) A statement that any interested person or authorized agent may appear and be heard; and
(7) A statement describing where to submit written comments. (e) Failure to Notify Individual Properties. The validity of the proceedings shall not be affected by the failure of any property owner, resident or neighborhood or community organization to receive such mailed notice.
(f) Continuance of Public Hearing. The body conducting the public hearing may by motion continue the public hearing, even in the absence of a quorum, to a fixed date, time and place, and no further notice shall be required as prescribed by law. 601.06 Scope of Approvals
(a) Scope. An approval permits only those uses and activities actually proposed in the application, and excludes other uses and activities. The approved use and/or construction is subject to, and shall comply with, all applicable city ordinances and laws and regulations of other governmental agencies. Unless otherwise specified therein, any approval terminates all other uses at the location subject to the approval.
(b) Conditions of Approval. Unless otherwise specified or required by the Zoning Administrator or City Council, the site plan, floor plans, building elevations and/or any additional information or representations indicating the proposed structure or manner of operation submitted with an application or submitted during the approval process or by minute order shall be deemed conditions of approval. Any approval may be subject to requirements that the permittee guarantees, warranties or insures that he will comply with permit's plans and conditions in all respects. (c) Actions Voiding Approval. If the construction of a building or structure or the use established is contrary to the description or illustration in the application, so as to either violate any provision of the Ordinance or require additional permits, then the approval shall be deemed null and void.
(d) Periodic Review. All approvals may be subject to periodic review to determine compliance with the permit and applicable conditions. If a condition specifies that activities or uses allowed under the Conditional Use Permit are subject to periodic reporting, monitoring or assessments, it shall be the responsibility of the permit holder, the property owner or successor property owners to comply with such conditions.
601.07 Effective Dates
A final decision on an application for any Zoning Adminstrator approval is subject to appeal and shall not become effective until after the expiration of the ten (10) day appeal period following the date of action. No building permit or business license shall be issued until the eleventh (11th) day following the date of the action.
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601.08 Expiration and Extension
(a) Expiration. The City Council, in the granting of any permit, or the Zoning Administrator, in the granting of any application, permit modification, or adjustment, may specify the time within which the proposed use must be undertaken and actively and continuously pursued. The City Council or Zoning Administrator may impose upon the permit a term of such period of time as is found to be consistent with the purposes of the use and necessary to safeguard the public safety, health and welfare. If no time period is otherwise specified, any permit granted under this Ordinance may be declared lapsed and of no further force and effect if it is not exercised or extended within two (2) years of its issuance. (1) A permit for the use of a building or a property is exercised when, if required, a valid City business license has been issued, and the permitted use has commenced on the property.
(2) A permit for the construction of a building or structure is exercised when a valid City building permit, if required, is issued, and construction has lawfully commenced.
(b) Extensions. The City Council may approve a one (1) year extension of any permit or approval granted under this Ordinance upon receipt of a written application with the required fee before the permit expires.
601.09 Modification of Approvals; Changed Plans
(a) Modifications of Approvals. The Zoning Administrator may approve minor modifications to approved plans that are consistent with the original findings and conditions approved by the City Council and would not intensify any potentially detrimental effects of the project.
(b) Changed Plan. A request for changes in conditions of approval of a discretionary permit or a change in an approved site plan or building plan that would affect a condition of approval shall be treated as a new application, except that such changes determined to be minor, in the opinion of the Zoning Administrator, may be approved by the Zoning Administrator.
601.10 Revocation of Approvals
Any permit granted under this chapter may be revoked or modified if any of the conditions or terms of such permit are violated or if any law or ordinance is violated in connection therewith. Notwithstanding this provision, no lawful residential use can lapse regardless of the length of time of the vacancy.
(a) Initiation of Proceeding. The City Council, by its own action, or following a recommendation from the Zoning Administrator, may initiate revocation or modification proceedings.
(b) Public Notice. The Zoning Administrator shall give notice of the hearing before the City Council pursuant to the requirements of Section 601.05, Public Notification.
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(c) Public Hearing. The public hearing regarding the revocation or modification of a Conditional Use Permit or Variance shall be conducted in the same manner as for Conditional Use Permits pursuant to Chapter 604, Conditional Use Permits. (d) Decision of the City Council. The City Council may revoke the permit if it makes any of the following findings:
(1) That approval was obtained by means of fraud or misrepresentation of a material fact;
(2) That the use in question has ceased to exist or has been suspended for one (1) year or more;
(3) That there is or has been a violation of or failure to observe the terms or conditions of the permit or Variance, or the use has been conducted in violation of the provisions of this Ordinance, law or regulation; or (4) That the use to which the permit or Variance applies has been conducted in a manner detrimental to the public safety, health and welfare, or so as to be a nuisance.
601.11 Appeals
All final decisions of the Zoning Administrator may be appealed to the City Council pursuant to Chapter 612, Appeals.
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Chapter 602 Zoning Conformance Review
Sections:
602.01 Purpose
602.02 Applicability
602.03 Procedures
602.04 Request for Other Zoning Administrator Determinations 602.01 Purpose
This chapter establishes procedures for conducting zoning conformance review to ensure that each new or expanded use or structure complies with the applicable requirements of this Ordinance. Having made such determination, the Zoning Administrator shall establish a record of the zoning conformance approval that document the initial establishment of a use, or the construction of a structure, which is allowed as a matter of right. 602.02 Applicability
Zoning conformance approval is required for buildings, structures, or signs erected, constructed, altered, repaired or moved, the use of vacant land, changes in the character of the use of land or building, or for substantial expansions in the use of land or building, which are allowed as a matter of right by this Ordinance. 602.03 Procedures
Prior to obtaining any business license, building permit, subdivision approval, or lot line adjustment, the applicant shall request the Zoning Administrator to determine whether the use, building, or change in lot configuration complies with all provisions of this Ordinance or any Conditional Use Permit or Variance approval issued pursuant to the Ordinance’s requirements and that all conditions of such permits and approvals have been satisfied. The following requirements apply to such determinations:
(a) Application. Applications and fees for zoning conformance review shall be submitted in accordance with the provisions set forth in Section 601.02, Application Forms and Fees. The Zoning Administrator may request that the application be accompanied by plans and related materials necessary to show that the proposed development, alteration, or use of the property complies with all provisions of this Ordinance and the requirements and conditions of any applicable Conditional Use Permit or Variance approval.
(b) Determination. The Zoning Administrator shall determine whether the Development Ordinance allows the proposed uses or structures by right. (c) Exceptions. No Zoning Certificate shall be required for the continuation of previously approved or permitted uses and structures, uses and structures that are not subject to any building or zoning regulations, or other uses or buildings already subject to Conditional Use Permits, Variances, or other discretionary approvals in the district in which they are located.
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602.04 Request for Other Zoning Administrator Determinations Requests for interpretations of this Ordinance, verifications of zoning regulations, or verifications related to previous permits shall be made in writing to the Zoning Administrator. Requests shall be accompanied by payment of fees established in the City’s adopted fee schedule. The Zoning Administrator shall provide a Zoning Administrator determination in writing within thirty (30) days of a complete submittal.
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Chapter 603 Hillside Development Permit
Sections:
603.01 Purpose
603.02 Applicability
603.03 Decision-Making Authority
603.04 Procedures
603.05 Appeals, Expiration and Extensions
603.01 Purpose
This chapter describes the process and general requirements applicable to those uses for which a Hillside Development Permit or an Administrative Hillside Development Permit is required by this Ordinance. These uses require special consideration to ensure that they can be designed, located, and operated in a manner that will not interfere with the use and enjoyment of surrounding properties. The process for review of Hillside Development Permit and Administrative Hillside Development Permit applications is designed to evaluate possible adverse impacts and to minimize them where possible through the imposition of specific conditions or requirements. Approval of a Hillside Development Permit or an Administrative Hillside Development Permit requires careful review of the location, design, configuration, and special impacts of a proposed use to determine, against standards and criteria, the desirability of permitting its establishment on a particular site. (a) Hillside Development Permits. No person shall grade, erect, or construct into, over or on top of property within the HZ Overlay District without first obtaining a Hillside Development Permit, except as otherwise provided for in this chapter. (b) Administrative Hillside Development Permits. If no other development permits are required by this Ordinance or other provisions of the Municipal Code, then the property owner or duly authorized agent may submit an application for an Administrative Hillside Development Permit.
603.02 Applicability
This chapter is applicable to uses or developments on properties within the incorporated boundaries of the City of Porterville, as well as those properties within the City’s official Sphere of Influence, as may be amended from time to time, that are designated Hillside Development Zone on the General Plan Land Use Diagram, except the activities listed below:
(a) Construction that does not require a grading permit or a building permit. (b) The construction and installation (trenching, utility construction, and backfilling) of underground utility systems.
(c) The re-grading of existing yard areas for landscaping installation provided such regraded yard area does not exceed twenty-five hundred (2,500) square feet in area.
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(d) Swimming pools, spas, ponds, and associated hardscape and landscape improvements that do not involve the construction of any retaining walls over three (3) feet in height, subject to the issuance of a grading permit and required building permits.
(e) Additions to existing structures and/or construction of accessory structures located entirely on the existing pad area and are less than five hundred (500) square feet in area, unless a grading permit for establishment of same is required. (f) Any project that has received final approval for construction prior to the effective date of this Ordinance, provided that such permit or approval has not expired or is not otherwise revoked.
603.03 Decision-Making Authority
(a) Hillside Development Permit. The City Council shall consider and render a decision on any application for a Hillside Development Permit. (b) Administrative Hillside Development Permit. The Zoning Administrator shall consider and render a decision on any application for an Administrative Hillside Development Permit.
(c) Referral of Application to City Council. The Zoning Administrator or designee may, at his or her discretion, refer an application for an Administrative Hillside Development Permit to the City Council for a decision rather than acting on it individually. In this case, the application shall be processed as a Hillside Development Permit.
603.04 Procedures
(a) Filing. Written applications for Hillside Development Permits or Administrative Hillside Development Permits shall be filed with the Community Development Department in accordance with the application procedures in Chapter 601, Common Procedures.
(b) Review Procedures.
(1) The Zoning Administrator shall review all applications within thirty (30) days to determine if they are complete as provided for in Chapter 601, Common Procedures. No application shall be deemed complete until the applicant has applied for any Conditional Use Permit, Variance, or other zoning or subdivision approval required pursuant to this Ordinance. (2) After determining that an application is complete, the Zoning Administrator shall review the application for compliance with the applicable HZ Overlay District requirements.
(3) After determining that an application is complete, if it is not exempt from environmental review, the Zoning Administrator shall conduct the hillside development review process concurrently with the required environmental review. When a project requiring review by the City Council is subject to Series 600: Administration and Permits
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environmental review, the Zoning Administrator shall submit the proposed Negative Declaration or Environmental Impact Report to the City Council for review and action pursuant to CEQA requirements before the City Council takes action on the hillside development application. The application for a Hillside Development Permit should be processed concurrently with the appropriate environmental document. (4) Hillside Development Permit
a. The Zoning Administrator shall prepare a report and
recommendation.
b. If an application is exempt from environmental review and does not otherwise require a hearing by the City Council, a public hearing shall be held before the City Council within thirty (30) days of the date the application is deemed complete.
c. No separate notice or public hearing is required for a Hillside Development Permit for a project that requires a Conditional Use Permit, Variance, tentative map or other discretionary approval subject to a public hearing by the City Council.
(5) Administrative Hillside Development Permit
a. The Zoning Administrator may conduct a public hearing for any application that may be approved by the Zoning Administrator. The Zoning Administrator shall act on a project with a complete application within thirty (30) days of the date the application is received.
603.05 Appeals, Expiration and Extensions
(a) Appeals.
(1) Administrative Hillside Development Permits. The decision by the Zoning Administrator is subject to the appeal provisions of Chapter 612, Appeals. (2) Hillside Development Permits. The decision of the City Council shall be final.
(b) Expiration and Extension. Hillside Development Permit and Administrative Hillside Development approvals are effective and may only be extended or modified as provided for in Chapter 601, Common Procedures.
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Chapter 604 Conditional Use Permits
Sections:
604.01 Purpose
604.02 Applicability
604.03 Procedures
604.04 Required Findings
604.05 Conditions of Approval
604.06 Decision; Expiration and Extensions; Modifications 604.01 Purpose
This chapter describes the process and general requirements applicable to those uses for which a Conditional Use Permit is required. These uses require special consideration to ensure that they can be designed, located, and operated in a manner that will not interfere with the use and enjoyment of surrounding properties. The process for review of Conditional Use Permit applications is designed to evaluate possible adverse impacts and to minimize them where possible through the imposition of specific conditions. 604.02 Applicability
Conditional Use Permit approval is required for uses or developments specifically identified in the Series 200, Base Districts, and Series 500, Overlay Districts, of this Ordinance or any other section of this Ordinance which requires a Conditional Use Permit.
Some conditional uses that have been identified by the City Council to require less staff review time are titled “Minor Conditional Use Permits”, and such uses are identified in Series 200, Base Districts. Minor Conditional Use Permits shall conform to all applicable criteria required of Conditional Use Permits.
604.03 Procedures
(a) Application. Written applications for Conditional Use Permits shall be filed with the Community Development Department in accordance with Chapter 601, Common Procedures.
(b) Public Hearing. Within 30 days after determining that an application is complete, the Zoning Administrator shall schedule a public hearing before the City Council.
Notice shall be provided in compliance with the requirements in Chapter 601, Common Procedures.
604.04 Required Findings
A Conditional Use Permit shall only be granted if the City Council determines that the project as submitted or as modified conforms to all of the following criteria. If the City Council determines that it is not possible to make all of the required findings, the application shall be denied. The specific basis for denial shall be established for the record.
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(a) Approval of the proposed project will advance the goals and objectives of and is consistent with the policies of the General Plan and any other applicable plan that the City has adopted; and
(b) The location, size, design, and operating characteristics of the proposed project are consistent with the purposes of the district where it is located and conforms in all significant respects with the General Plan, the Development Ordinance and with any other applicable plan adopted by the City Council.
604.05 Conditions of Approval
(a) In approving a Conditional Use Permit, the City Council may impose conditions reasonably related to the application and deemed necessary to achieve the findings for a Conditional Use Permit identified in Section 604.04. 604.06 Decision; Expiration and Extensions; Modifications (a) Decision. The decision of the Council shall be final. The Zoning Administrator shall cause a copy of its resolution to be mailed to the applicant within ten (10) days from the date of adoption thereof.
(b) Expiration, Extension, and Modifications. Conditional Use Permits are effective and may only be extended or modified as provided for in Chapter 601, Common Procedures.
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Chapter 605 Temporary Use Permits
Sections:
605.01 Purpose
605.02 Applicability
605.03 Procedures
605.04 Required Findings
605.05 Conditions of Approval
605.01 Purpose
This chapter establishes a process for review and approval of certain uses that are intended to be of limited duration of time and will not permanently alter the character or physical facilities of the site where they occur.
605.02 Applicability
Temporary Use Permit approval is required for temporary uses as described in Section 301.19, Temporary Uses. The Zoning Administrator may refer an application for a Temporary Use Permit to the City Council if the Zoning Administrator finds that the temporary use may have substantial and detrimental impacts to surrounding land that warrant Council review.
605.03 Procedures
(a) Application. Any person may apply to the Zoning Administrator for approval of a temporary use not less than thirty (30) days before the use is intended to begin in accordance with the provisions in Chapter 601, Common Procedures. (b) Determination. Within ten (10) days of accepting an application for a Temporary Use Permit as complete, the Zoning Administrator shall render a written decision. 605.04 Required Findings
The Zoning Administrator may approve an application for a Temporary Use Permit to allow a temporary use for a period of time, only upon making all of the following findings:
(a) The proposed use will not unreasonably affect adjacent properties, their owners and occupants, or the surrounding neighborhood, and will not in any other way constitute a nuisance or be detrimental to the health, safety peace, comfort, or general welfare of persons residing or working in the area of such use or to the general welfare of the City;
(b) The proposed use will not unreasonably interfere with pedestrian or vehicular traffic or circulation in the area surrounding the proposed use, and will not create a demand for additional parking that cannot be safely and efficiently accommodated by existing parking areas; and
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(c) Appropriate controls are in place that will ensure the premises will be kept clean, sanitary, and free of litter.
605.05 Conditions of Approval
In approving a Temporary Use Permit, the Zoning Administrator may impose any conditions reasonably related to the application and deemed necessary to achieve the findings for a Temporary Use Permit listed in Section 605.04 above.
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Chapter 606 Variances
Sections:
606.01 Purpose
606.02 Procedures
606.03 Required Findings
606.04 Use Variances Prohibited
606.05 Conditions of Approval
606.06 Decision; Expiration and Extensions; Modifications 606.01 Purpose
This chapter is intended to provide a mechanism for relief from the strict application of this Ordinance where strict application will deprive the property owner of privileges enjoyed by similar properties because of the subject property’s unique and special conditions.
Variances may be granted with respect to dimensional and performance standards, but Variances from the use regulations of this Ordinance are not allowed. 606.02 Procedures
(a) Application. Applications for Variances shall be filed in accordance with Chapter 601, Common Procedures. In addition to any other application requirements, the application for a Variance shall include data or other evidence supporting the proposed variance.
(b) Public Notice and Hearing. All applications for Variances shall require public notice and a hearing before the City Council pursuant to Chapter 601, Common Procedures.
606.03 Required Findings
A Variance shall only be granted if the City Council makes all of the following findings:
(a) There are special circumstances or conditions applicable to the property such as its size, shape, topography, location, surroundings, or existing structures, which do not apply generally to uses, land or structures in the vicinity and same zoning district; (b) Due to the special circumstances applicable to this property, strict application of the respective zoning regulation would deprive the property owner of privileges enjoyed by other property owners in the same zoning district; (c) Special circumstances applicable to the property were or are not self-imposed by the property owner; and
(d) The authorization of the Variance will substantially meet the intent and purpose of the zoning district in which the subject property is located and will not be detrimental to persons residing or working in the vicinity, to adjacent property, to the neighborhood, or the public welfare in general.
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606.04 Use Variances Prohibited
The City Council shall not approve any changes in the uses permitted in any zoning classification or zoning district or approve any modification of the requirements of this Ordinance that would have the effect of allowing the establishment of a use not otherwise permitted. This restriction shall not affect the authority otherwise to grant Variances pursuant to this chapter.
606.05 Conditions of Approval
(a) In approving a Variance, the City Council may impose reasonable conditions necessary to insure that the Variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located.
606.06 Decision; Expiration and Extensions; Modifications (a) Decision. The decision of the Council shall be final. The Zoning Administrator shall cause a copy of its resolution to be mailed to the applicant within ten (10) days from the date of adoption thereof.
(b) Expiration and Extension. Variances are effective and may only be extended or modified as provided for in Chapter 601, Common Procedures.
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Chapter 607 Amendments to General Plan
Sections:
607.01 Purpose
607.02 Applicability
607.03 Initiation of Amendment
607.04 Application Requirements
607.05 Review of Application and Determinations by Zoning Administrator 607.06 Public Hearing Scheduling
607.07 City Council Hearing and Action
607.01 Purpose
This chapter establishes procedures for making changes to the General Plan as provided for in State law when there are compelling reasons to do so as a result of changes in conditions or circumstances unforeseen at the time of adoption or last amendment of the General Plan.
These circumstances include, but are not limited to, changes in State or federal law and problems and opportunities that were unanticipated at the time of adoption or last amendment. This amendment process is not intended to relieve particular hardships nor to confer special privileges or rights upon any person, but only to make adjustments necessary in light of changed conditions or changes in public policy. 607.02 Applicability
The procedures of this chapter shall apply to all proposals to change the text of the General Plan and the diagrams that illustrate the application of its provisions. 607.03 Initiation of Amendment
An amendment may be initiated by the City Council or by application of any interested person.
607.04 Application Requirements
(a) Application. A qualified applicant shall submit an application for a General Plan amendment on a form prescribed by the Zoning Administrator accompanied by the required fee. The Zoning Administrator may require an applicant to submit such additional information and supporting data as considered necessary to process the application.
(b) Coordination with Other Applications. Related applications to be processed concurrently unless the Zoning Administrator shall otherwise allow any necessary applications for amendments to zoning regulations or for approval of discretionary permits, to be processed simultaneously with the proposed General Plan amendment. However, an application for a General Plan amendment is not considered to be a Development Project and so the approval of any associated discretionary permit shall not be subject to the time limits specified in State Law for Porterville Development Ordinance
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processing such applications until the Council approves the General Plan amendment and any necessary amendments to this Ordinance. 607.05 Review of Application and Determinations by Zoning Administrator
After determining that an application is complete and environmental review has been conducted, the Zoning Administrator shall prepare a report and recommendation to the City Council on the application for a General Plan amendment. 607.06 Public Hearing Scheduling
The Zoning Administrator shall schedule the application for hearing by the City Council in accordance with the Council’s schedule for considering General Plan amendments. Notice shall be provided in accordance with Chapter 601, Common Procedures. 607.07 City Council Hearing and Action
(a) Hearing. The City Council shall conduct a public hearing in conformance with the provisions of Chapter 601, Common Procedures.
(b) Action. After the conclusion of the hearing, the City Council may approve, modify or disapprove the proposed General Plan amendment.
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Chapter 608 Amendments to Zoning Map and Text
Sections:
608.01 Purpose
608.02 Applicability
608.03 Initiation of Amendment
608.04 Application Requirements
608.05 Review of Application and Determinations by Zoning Administrator 608.06 City Council Hearing and Action
608.01 Purpose
This chapter provides procedures by which changes may be made to the text of this Ordinance and to the Zoning Map. The zoning amendment process is not intended to relieve particular hardships nor to confer special privileges or rights upon any person, but only to make adjustments necessary in light of changed conditions or changes in public policy.
608.02 Applicability
The procedures in this chapter shall apply to all proposals to change the text of this Ordinance or to revise a zoning district classification or zoning district boundary line shown on the zoning map.
608.03 Initiation of Amendment
An amendment may be initiated by the City Council or by application of any interested person.
608.04 Application Requirements
(a) Application. A qualified applicant shall submit an application for a zoning amendment on a form prescribed by the Zoning Administrator accompanied by the required fee. The Zoning Administrator may require an applicant to submit such additional information and supporting data as considered necessary to process the application.
(b) Coordination with Other Applications. Related applications to be processed concurrently unless the Zoning Administrator shall otherwise allow any necessary applications for amendments to zoning regulations or for approval of discretionary permits, to be processed simultaneously with the proposed zoning amendment.
However, an application for a zoning amendment is not considered to be a Development Project and so the approval of any associated discretionary permits shall not be subject to the time limits specified in State Law for processing such applications until the Council approves the zoning amendment.
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608.05 Review of Application and Determinations by Zoning Administrator
After determining that an application is complete and environmental review has been conducted, the Zoning Administrator shall prepare a report and recommendation to the City Council on the application for a zoning amendment.
608.06 City Council Hearing and Action
(a) Hearing. The City Council shall conduct a public hearing in conformance with the provisions of Chapter 601, Common Procedures.
(b) Action. After the conclusion of the hearing, the City Council may approve, modify or disapprove the proposed zoning amendment.
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Chapter 609 Development Agreements
Sections:
609.01 Purpose
609.02 Objective
609.03 Requirements
609.04 Contents
609.05 Application
609.06 Hearings and Notice
609.07 Report and Findings
609.08 Action of City Council
609.09 Initiation of Amendment or Cancellation
609.10 Recordation
609.11 Review
609.01 Purpose
The purpose of this chapter is to provide a mechanism that assures the applicant of a development project that upon approval, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and conditions that were applicable at the time of project approval, and in a manner consistent with Section 65864 et seq., of the Government Code.
609.02 Objective
The objective of a development agreement is to strengthen the public planning process, encourage private participation in comprehensive planning, reduce the economic costs of development and promote the construction of public improvements by the private sector by providing for provisions in the agreement whereby the applicant is reimbursed over time for the financing of the public improvements.
609.03 Requirements
To enter into a development agreement, the City shall find that:
(a) A person has a legal or equitable interest in real property for the development of such property; and
(b) The development project is consistent with the General Plan and any applicable specific plan.
609.04 Contents
A development agreement shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land or facilities for public purposes. The development agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, Porterville Development Ordinance
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restrictions, and requirements shall not prevent development of the land for uses and to the density or intensity of development set forth in the agreement. The agreement may require that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time.
609.05 Application
An application for a development agreement shall be made to the Zoning Administrator on a form prescribed by the department. The application shall be accompanied by a fee set by resolution of the City Council and will be processed in conjunction with other associated discretionary permits.
609.06 Hearings and Notice
Upon receipt of a development agreement application, the Zoning Administrator shall initiate and notice the public hearing pursuant to the provisions of Chapter 601, Common Procedures.
609.07 Report and Findings
The Zoning Administrator shall prepare a report on the development agreement application and provide a recommendation to the City Council based on the following findings:
(a) The project is consistent with the General Plan and any applicable specific plan. (b) The project is authorized by the Ordinance as it relates to use and development standard regulations.
(c) The project will not be detrimental to the public health, safety and general welfare. (d) The project will provide sufficient benefit to the city to justify entering into the development agreement.
(e) The project will not have a significant impact on the environment. 609.08 Action of City Council
Following a public hearing, the City Council shall consider staff's recommendation and shall take action on the development agreement. The Council can approve, approve with modifications or deny the development agreement. If the Council approves or approves with modification the development agreement, it shall initiate proceedings to adopt an Ordinance. After the Ordinance takes effect, the city may enter into the agreement with the applicant.
609.09 Initiation of Amendment or Cancellation
Either party may propose an amendment to or cancellation in whole or in part of the development agreement previously entered into. If proposed by the applicant, the procedure shall be the same as the procedure for entering into an agreement. However, where the City Council initiates the proposed amendment to or cancellation of the development agreement, Series 600: Administration and Permits
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it shall first give at least thirty days notice to the applicant of its intention to initiate such proceedings in advance of giving notice of the public hearing. 609.10 Recordation
(a) Within ten (10) days after the City enters into the development agreement, the City shall have the agreement recorded with the County Recorder. (b) If the parties to the agreement or their successors in interest amend or cancel the agreement, or if the City terminates or modifies the agreement for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the city shall have notice of such action recorded with the County Recorder. 609.11 Review
(a) The Zoning Administrator shall review the development agreement at least once every twelve months from the date the agreement is entered into. The Community Development Department shall report the findings to the City Council. The time for review may be modified by agreement between the parties. (b) Should the Zoning Administrator find that the developer is in noncompliance or not performing consistent with the development agreement, the director shall report this finding to the City Council. The City Council may terminate the development agreement consistent with Chapter 609.09, Initiation of Amendment or Cancellation Porterville Development Ordinance
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Chapter 610 Adjustments
Sections:
610.01 Purpose and Applicability
610.02 Procedures
610.03 Required Findings
610.01 Purpose and Applicability
This chapter establishes a process for making and acting upon requests for reasonable accommodation to provide an alternate means of granting relief from this Ordinance’s requirements when so doing would be consistent with the Ordinance’s objectives. It is the policy of the City to comply with the Federal Fair Housing Act, the Americans with Disabilities Act and the California Fair Employment and Housing Act to provide reasonable accommodation by modifying the application of its zoning and subdivision regulations for persons with disabilities seeking fair access to housing. This chapter authorizes the Zoning Administrator to grant administrative relief from the Ordinance’s dimensional requirements to achieve these and other objectives and also allows the City Council to grant adjustments when necessary to accommodate uses protected by State or federal law.
610.02 Procedures
(a) Application. An application for relief shall be filed with the Zoning Administrator in accordance with Chapter 601, Common Procedures. The application shall state in writing the nature of the adjustment requested and explain why the findings necessary to grant the exception are satisfied. The applicant shall also submit plans delineating the requested adjustment.
(b) Relief Granted by the Zoning Administrator. The Zoning Administrator may grant relief from the dimensional requirements specified in this Ordinance to the following extent:
(1) Setbacks. Front and rear yard setback adjustments not exceeding two (2) feet. Side yard setback adjustments not exceeding one (1) foot. (2) Building Site Coverage. Building site coverage adjustments not exceeding five (5) percent.
(3) Height. Maximum building height or other height limitations not exceeding five (5) feet.
(c) Referral to City Council. The Zoning Administrator may refer to the City Council any request for an adjustment necessary to comply with the reasonable accommodation provisions of federal law based on a determination that there is a compelling public interest requiring such an accommodation. (d) Concurrent Processing. If a request for relief is being submitted in conjunction with an application for another approval, permit, or entitlement under this Porterville Development Ordinance
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Ordinance, it shall be heard and acted upon at the same time and in the same manner as that application.
610.03 Required Findings
(a) Findings for Approval. A decision to grant an adjustment shall be based on the following findings, supported by information in the record:
(1) The adjustment is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances, including, but not limited to, topography, noise exposure, irregular property boundaries, or other unusual circumstance;
(2) The granting of the requested adjustment would not be detrimental to the health or safety of the public or the occupants of the property or result in a change in land use or density that would be inconsistent with the requirements of this Ordinance; and
(3) The granting of the adjustment will substantially meet or advance the intent and purpose of the zoning district in which the subject property is located. (b) Additional Finding for Reasonable Accommodations. If the adjustment requested is to provide reasonable accommodation pursuant to federal or State statute, the responsible decision-maker must find that denial of the requested adjustment would impose a substantial burden on religious exercise or would conflict with any federal or State statute requiring reasonable accommodation of persons with disabilities.
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Chapter 611 Environmental Review
Sections:
611.01 Purpose
611.02 Procedures
611.03 Mitigation Monitoring and Reporting Program
611.04 Preparation of Environmental Documents by Consultants 611.01 Purpose
This chapter establishes procedures for conducting environmental review to meet requirements of the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). These provisions are intended to insure that responsible decision-makers and the public are informed about the potentially significant environmental effects of proposed activities and that environmental review is integrated with the discretionary review provisions that this chapter establishes to promote incorporation of environmental considerations into the design, planning, and review of projects. These procedures apply to all projects sponsored or assisted by the City and to all private projects requiring any discretionary approvals from the City. In the event of a conflict between these environmental review regulations and applicable federal or state regulations or guidelines, the applicable federal or state regulations shall prevail. 611.02 Procedures
(a) Filing of Forms. Concurrent with the submittal of project applications, the applicant shall prepare and file an Environmental Information Form and project plans with the Community Development Department.
(b) Preliminary Review. Within thirty (30) days after receiving an application, the Zoning Administrator shall conduct a preliminary environmental review. As part of this review, the Zoning Administrator will identify issues to help decide if the applicant proposes a project that is subject to environmental review and may require the applicant to submit additional information needed to support this determination. (c) Preparation and Processing Environmental Documents. A determination of the appropriate level of environmental review by the Zoning Administrator shall trigger the preparation of an environmental document in compliance with the most current regulations and guidelines of the Environmental Quality Act, whether it be exempt from CEQA, require Negative Declaration, Mitigated Negative Declaration or an Environmental Impact Report. Further, in concert with the requirements of an applicable Federal agency(s), the Zoning Administrator will cause to have prepared the appropriate NEPA environmental documentation.
(d) Review for Exemption
(1) Determinations of Exemption shall be made within thirty (30) days of the date the application is deemed complete.
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(2) If the Zoning Administrator has determined that a project is exempt from environmental review under CEQA, such determination shall be announced in any required public notice for discretionary permits. The notice shall include a citation to the CEQA Guidelines or CEQA section under which it is found to be exempt.
(3) Following approval of a project that is exempt from CEQA review, a Notice of Exemption shall be filed with the County Clerk as provided for in CEQA and the applicable State and City guidelines.
(4) A determination of exemption by any decision-making authority other than the City Council may be appealed to the City Council in the same manner provided in Chapter 611, Appeals.
(e) Initial Study. If the proposed project is subject to CEQA and is not exempt from environmental review, an Initial Study shall be prepared in compliance with CEQA and Local CEQA Guidelines.
(f) Determination of Environmental Significance. Based on the Initial Study, the Zoning Administrator will make one (1) of the following findings:
(1) The project will have "No Significant Impacts" on the environment, and a Negative Declaration will be prepared;
(2) The project has been modified or mitigation measures have been incorporated to mitigate potential environmental impacts to a level of insignificance and a Mitigated Negative Declaration will be prepared; or (3) The proposed project will have, or may have, significant impact(s) that may not be mitigated, and an EIR will be required.
(g) Environmental Determination. If the Zoning Administrator has determined that the proposed project will not have a significant effect on the environment, a Negative Declaration shall be prepared for public review in conformance with the requirements of CEQA and applicable State and City environmental review guidelines.
(h) Public Notice of Environmental Determination. The Zoning Administrator shall provide public notice of the proposed environmental determination in a newspaper of general circulation, at City Hall, and with the County Clerk. 611.03 Mitigation Monitoring and Reporting Program
(a) Program Contents. The City shall approve a Mitigation Monitoring and Reporting Program (MMRP) for all projects that it approves with a Mitigated Negative Declaration or in conjunction with certification of a Final EIR and compliance with CEQA.
(b) Enforcement. Failure to comply with the conditions and requirements of an approved MMRP shall be considered a violation of the conditions of approval of a project. Such violations shall be subject to enforcement in accordance with the provisions of Chapter 614, Enforcement.
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(c) Modification of Mitigation Program Not Permitted Following Adoption. Unless specifically authorized or required by the conditions of project approval, neither CEQA nor this chapter authorize the City to modify or add mitigation measures if the monitoring program shows that the mitigation measures have not achieved the desired result.
611.04 Preparation of Environmental Documents by Consultants If the City Planning Division is unable to prepare an environmental document or technical study for a public or private project, the City shall contract with a qualified consultant for preparation of the appropriate environmental documents including technical studies. The City has undertaken the negotiation of and maintains an on-call environmental consultant for use on City projects with defined funding sources, and for use by private development proponents in the event they desire to streamline the process. In such cases, the City, and consultant shall prepare an agreement for preparation of and to specify the details of the necessary environmental studies and documents.
The applicant is responsible for the full cost of the services. The full negotiated cost of service plus ten (10) percent for contingencies shall be placed on deposit with the City prior to authorizing work to begin on the environmental documents. The Zoning Administrator shall be the authority to require payment to the City of a ten (10) percent administrative fee in cases where the cost of administering the contract is likely to exceed the adopted fee for environmental reviews. The Zoning Administrator shall have the authority to facilitate the consultant selection process, to select the consultant, and to negotiate fees for services. The process for selecting an environmental consultant shall be as follows:
(a) Staff will prepare a Request for Proposals (RFP) soliciting project specific proposals from qualified consultants as represented in a consultant services file and as posted by the purchasing agent;
(b) Staff will evaluate the proposals relative to responsiveness and pursuant to the consultant selection criteria currently used in the City; (c) Staff may elect to interview the consultant to determine additional qualifications and ability to represent the City’s interest in a public forum; (d) Staff will prepare a consultant services agreement and the Zoning Administrator will sign following submittal of the necessary funds and contingencies by the project proponent; and
(e) Staff will send the deposit to the finance department and request the establishment of a pass through account and will set up a purchase order for monthly invoice payments.
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Series 600: Administration and Permits
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Chapter 612 Appeals
Sections:
612.01 Purpose
612.02 Rights of Appeal
612.03 Time Limits
612.04 Procedures
612.05 Standards of Review
612.01 Purpose
This chapter establishes uniform procedures for appeals of final decisions by the Zoning Administrator, City Engineer or Parcel Map Committee.
612.02 Rights of Appeal
Appeals may be filed by the applicant, by the owner of property, or by any other person aggrieved by a decision that is subject to appeal under the provisions of this Ordinance. 612.03 Time Limits
Unless otherwise specified in State or federal law, all appeals shall be filed with the City Clerk in writing within ten (10) calendar days of the date of the action. In the event an appeal period ends on a Saturday, Sunday, or holiday observed by the City, the appeal period shall end at the close of business on the next consecutive business day. 612.04 Procedures
(a) Proceedings Stayed by Appeal. The timely filing of an appeal shall stay all proceedings in the matter appealed including, but not limited to, the issuance of City building permits and business licenses.
(b) Filing an Appeal. All final decisions of the Zoning Administrator, City Engineer or Parcel Map Committee may be appealed to the City Council by filing a written appeal with the City Clerk accompanied by the required fee. The notice of appeal shall set forth, in concise language, the following:
(1) Date of appeal;
(2) Name of appellant and the individual representing appellant; (3) Address to which notices shall be sent;
(4) Telephone number of representative;
(5) Name of applicant, if different from appellant;
(6) Action or decision being appealed and the date of such action or decision; (7) Address and description of real property involved; and (8) Grounds for appeal.
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(c) Transmission of Record. The City Clerk shall schedule the appeal for consideration by the City Council within 30 days of the date the appeal was filed.
The Zoning Administrator shall forward the appeal, the Notice of Action, and all other documents that constitute the record to the City Council. The Zoning Administrator shall also prepare a staff report that responds to the issues raised by the appeal and may include a recommendation for action. (d) Public Notice. In addition to providing notice in the same manner required for the action that was the subject of the appeal, the City Clerk shall provide notice to all persons who spoke on the matter at any prior hearings on the same matter. Notice to such persons shall be mailed only if they provided their names and addresses at the time they spoke at the prior hearing.
(e) City Council Action. The City Council shall review the appeal, the record, and any written correspondence submitted after the appeal has been filed, and may take one (1) of the following actions:
(1) Conduct a public hearing; or
(2) Remand the matter to the Zoning Administrator to cure a deficiency in the record or proceedings.
(f) City Council Decision. The City Council shall render its decision within thirty (30) days of the date the hearing is closed unless State law requires a shorter deadline. (g) Council Action In-Lieu of Appeal. The City Council may call up for review and a public hearing any action of the Zoning Administrator within ten (10) days of the decision. Such action by the Council shall stay all proceedings in the same manner as the filing of an appeal. Such action shall not require any statement of reasons and shall not represent opposition to or support of an application or appeal. 612.05 Standards of Review
When reviewing any decision on appeal, the City Council shall use the same standards and criteria for decision-making required for the original decision. The City Council may adopt the same decision and findings as were originally approved.
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Chapter 613 Enforcement
Sections:
613.01 Purpose
613.02 Enforcement Responsibilities
613.03 Public Nuisance Defined
613.04 Penalties
613.05 Remedies
613.01 Purpose
This chapter establishes the responsibilities of various departments, officials and public employees of the City to enforce the requirements of this chapter and sets forth the procedures the City will use to identify, abate, remove, and enjoin those uses, structures, buildings, or properties that are deemed to be in violation of this Ordinance. 613.02 Enforcement Responsibilities
All departments, officials, and public employees of the City, vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this chapter, and shall issue no permit or license for uses, buildings, or purposes in conflict with the provisions of this chapter; and any such permit or license issued in conflict with the provisions of this chapter shall be null and void. The following officials, departments, and employees have specific responsibilities as follows:
(a) Zoning Administrator
(1) Shall enforce all provisions of this chapter related to issuance of discretionary permits and shall have responsibility for ordering the correction of violations and initiating the revocation of discretionary permits pursuant to Section 601.10, Revocation of Approvals, and the abatement of nuisances as defined in this chapter.
(2) Shall prior to issuance of building permits, ascertain that plans presented with the building permit application conform to those approved subject to the requirements of this Ordinance.
(3) Shall enforce all provisions of this Ordinance pertaining to the use, erection, construction, reconstruction, relocation, conversion, alteration, or addition to any building or structure and condition of approval of Use Permits, Variances, nuisance abatements, or other discretionary approvals. The Zoning Administrator is hereby authorized to cause to be stopped any work or use undertaken without or contrary to approval granted pursuant to this chapter or in violation of any of its other provisions. (b) City Attorney. The City Attorney may, at his or her discretion or upon order of the Council, immediately commence action or proceedings for the abatement and removal and enjoinment of violations in the manner provided by law, and may take Porterville Development Ordinance
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such other steps and may apply to such courts as may have jurisdiction to grant such relief as will abate and remove such use, or building or structure, and may seek to restrain and enjoin any person, firm or corporation from such use of any property, building or structure, or from setting up, erecting, building, maintaining or demolishing any such building or structure contrary to the provisions of this chapter.
613.03 Public Nuisance Defined
Any use, event, building or structure that violates any provision of this Ordinance or any other City, State, or federal regulation, Ordinance, or statute shall be deemed a public nuisance.
613.04 Violations and Penalties
(a) Any person, firm, or corporation violating any provision of this Ordinance is subject to any and all applicable provisions of this Code, including but not limited to the General Penalty provisions specified at Municipal Code Section 1-9. (b) Any person, firm, or corporation violating any of the provisions of this Ordinance may be subject to the Administrative Citation procedure pursuant to Chapter 2, Article XIV of the City of Porterville Municipal Code. These procedures are in addition to other applicable remedies established in the Municipal Code (c) Notwithstanding the applicable fines specific in Chapter 2, Article XIV, any nuisance associated with a use allowed by a discretionary permit (i.e. Conditional Use Permit, etc.) as set forth in this code, may be subject to an administrative fine as follows:
(1) First offense: Not more than $500
(2) Second offense: Not more than $2,500
(3) Third offense: Not more than $5,000
613.05 Remedies
Upon a finding of nuisance pursuant to this chapter, and after giving the property owner an opportunity to cure the nuisance (i.e. courtesy notice or Notice of Violation) and determining that the nuisance still exists, the Zoning Administrator shall submit the item to the Code Compliance Officer for recourse outlined in the Porterville Municipal Code who may impose any remedy available at law or in equity.
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Series 700: General Terms
Chapter 700 List of Terms and Definitions
Sections:
700.01 List of Terms
700.02 Definitions
700.01 List of Terms
Abutting or Adjoining
Accessory Building
Accessory Structure
Accessory Use
Acre, Gross
Acre, Net
Adjacent
Affordable Housing Terms
Additional Incentive
Affordable Rent
Affordable Sales Price
Density Bonus
Density Bonus Units
Economically Feasible
Housing Cost
Lower Income Household
Maximum Residential Density
Moderate Income Household
Regulatory Agreement
Senior Citizen
Senior Citizen Housing
Development
Target Unit
Very Low Income Household
Aggrieved Person
Alley
Alteration
Americans with Disabilities Act (ADA)
Animal-Related Terms
Household Pet
Livestock
ARC Districts
(Agriculture/Rural/Conservation
Districts)
Area, Gross
Balcony
Base District
Bedroom
Bicycle Parking, Long-term
Bicycle Parking, Short-term
Block
Blockface
Building
Building Footprint
Building Front
Building Height
Building, Accessory
Building, Main
C Districts (Commercial Districts)
California Building Code (CBC)
California Environmental Quality Act
(CEQA)
Carport
City
City Council
City Engineer
Code Enforcement Officer
Commercial Vehicle
Compatible
Condition of Use
Conditionally Permitted
Construction
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Conversion
County
Crew Quarters
D Districts (Downtown Districts)
Deck
Demolition
Density
Development
Development Agreement
Development Ordinance
District
Double Frontage Lot
Drive-Through Facilities
Driveway
Dwelling Unit
Easement
Effective Date
Emergency
Environmental Impact Report (EIR)
Façade
Family
Fence
Feasible
Floor Area
Floor Area Ratio
Foot-candle
Footprint
Freeway
Frontage, Street (Frontage, Lot)
Garage
General Plan
Glare
Gross Leasable Area
Ground Floor
Hazardous Materials
Heat
Height
Home Occupation
Household
Illegal Use
In-Lieu Fees
Institute for Transportation Engineers
(ITE)
Intensity of Use
International Building Code
Intersection, Street
Kitchen
Land Division Terms
Abut
Access, Approved
Adjoin
Applicant
Arterial
Block
Centerline
Collector Street
Community Apartment Project
Condominium
Condominium Project
Conversion
Cul-de-sac
Design
Final Map
Flood or Flooding
Frontage Road
Improvements
Industrial Street
Local Street
Lot Line Adjustment
Map Act
Merger
Minor Street
Parcel
Parcel Map
Preliminary Map
Private Street
Public Improvement
Remainder
Standard Plans and Specifications
Stock Cooperative
Subdivider
Subdivision
Subdivision Design
Tentative Map
Tentative Parcel Map
Vesting Tentative Map
Landscaping
Landscaping Terms
Automatic Controller
Backflow Prevention Device
Anti-drain or check Valve
Controller
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Emitter
Hydrozone
Irrigation Efficiency
Operating Pressure
Overspray
Runoff
Lighting Terms
Foot-candle
Light Fixture
Light Fixture Cutoff
Full cutoff
Cutoff
Semi-cutoff
Non-cutoff
Shielded Fixture
Living Room
Long-Term Parking
Lot
Lot Area
Lot Coverage
Lot Depth
Lot Frontage
Lot Line
Lot Line Types
Front Lot Line
Interior Lot Line
Rear Lot Line
Side Lot Line
Street Side Lot Line
Lot Types
Lot, Corner
Lot, Flag
Lot, Interior
Lot, Key
Lot, Reversed Corner
Lot, Through
Lot Width
Maintenance and Repair
Manufactured Home
Medical Marijuana Dispensary
Mobile Home
Noise Terms
Ambient Noise Level
Decibel
Mobile Noise Source
Noise
Noise Level Reduction (NLR)
Nonconforming Use and Development
Terms
Abandoned
Illegal Nonconforming Building or
Use
Nonconforming Building or
Structure
Nonconforming Lot
Nonconforming Sign
Nonconforming Use
Nuisance
Occupancy, Change In
On-Site Loading Facilities
On-Site
Open Space Types
Private Open Space
Common Open Space
Usable Open Space
Opposite
Outdoor Storage
Owner
Parking Area
Permit
Permitted Use
Person
Persons with Disabilities
Porch
Pre-existing
Project
Public Works Director
Qualified Applicant
R District (Residential District)
Recreational Vehicle
Redevelopment Agency
Rescission
Right-of-Way
Sexually Oriented Business Terms (see
Section 301.17, Sexually Oriented
Businesses)
Screening
Setback
Sidewalk
Sign-Related Terms
Abandoned Sign
Animated Sign
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Area of Sign
Awning Sign
Balloon
Banner
Building Frontage
Building-Mounted Sign
Can Sign (Box Sign)
Canopy
Center Identification Sign
Changeable Copy Sign
Channel Letters
Construction Sign
Directional Sign
Electronic Message Center Sign
Fence Sign
Flag
Freestanding Sign
Height
Identifiable Area
Identification Sign
Illegal Sign
Illuminated Sign
Inflatable Sign
Logo
Marquee Sign
Mansard
Master Sign Program
Monument Sign
Neon Sign
Off-site Advertising Sign
Off-site Directional Sign
Parapet
Pennant
Pole Sign
Political Sign
Portable Sign
Projecting Sign
Real Estate Sign
Roof Sign
Sign
Sign Area
Sign Copy
Sign Face
Temporary Sign
Vehicle Display Sign
Vehicle for Sale Sign
Wall Sign
Window Sign
Site
Specific Plan
State
Story
Street
Structural Alteration
Structure
Accessory Structure
Permanent Structure
Primary Structure (Main Structure)
Temporary Structure
Swimming Pool
Tandem Parking
Telecommunication Terms
Antenna
Amateur Radio Antenna
Camouflage
Co-location
Communication Tower
Ground Mounted
Monopole
Wireless Telecommunications
Facility
Temporary Uses
Garage Sales
Model Homes
Outdoor Sales, Temporary and
Seasonal
Unit
Use
Use, Primary
Use, Accessory
Variance
Vibration
Visible
Weekday
Yard
Front Yard
Interior Side Yard
Street Side Yard
Rear Yard
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Zoning District
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700.02 Definitions
Abutting or Adjoining. Having a common border, boundary, or lot line. Lots or parcels of land that touch at corners only shall not be deemed adjoining.
Accessory Building. See Building, Accessory.
Accessory Structure. See Structure, Accessory.
Accessory Use. See Use, Accessory.
Acre, Gross. A measure of total land area of a lot or site, including areas to be dedicated for public rights-of-way, streets, schools, or other dedications.
Acre, Net. A measure of land area of a lot or site remaining after dedication of all areas for public rights-of-way, streets, schools, or other dedications.
Adjacent. Directly abutting, having a boundary or property line(s) in common or bordering directly, or contiguous to.
Affordable Housing Terms. The following terms are related to Chapter 302, Affordable Housing Density Bonus and Other Incentives.
Additional Incentive. A benefit offered by the City to facilitate construction of eligible projects as defined by the provisions of Chapter 302. Benefits may include, but are not limited to, priority processing, fee deferments and waivers, the modification of site development standards or zoning code requirements, or any other regulatory incentive which would result in identifiable cost avoidance or reductions that are offered in addition to a density bonus.
Affordable Rent. Monthly housing expenses, including a reasonable allowance for utilities, for rental target units reserved for very low, lower or moderate income households, not exceeding the following calculations:
(1) Very Low Income: Fifty (50) percent of the area median income for the county, adjusted for household size, multiplied by thirty (30) percent and divided by twelve (12); and
(2) Lower Income: Sixty (60) percent of the area median income for the county, adjusted for household size, multiplied by thirty (30) percent and divided by twelve (12).
Affordable Sales Price. A sales price at which lower or very low income households can qualify for the purchase of target units, calculated on the basis of underwriting standards of mortgage financing available for development.
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Density Bonus. A minimum increase in the number of dwelling units authorized for a particular parcel of land of at least twenty-five (25) percent over the otherwise maximum residential density.
Density Bonus Units. Residential units granted pursuant to the provisions of Chapter 302, Affordable Housing Density Bonus and Other Incentives, which exceed the otherwise maximum residential density for the development site.
Economically Feasible. Economically feasible means when a housing project can be built with a reasonable rate of return. The housing developer's financial ability to build the project shall not be a factor.
Household Type. Type of household classified according to whether the occupants of the housing units are very low income, lower income, or senior citizens.
Housing Cost. The sum of actual or projected monthly payments for all of the following associated with for-sale target units: principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, homeowners' association fees, and a reasonable allowance for utilities.
Lower Income Household. A household whose gross income is as established by Health and Safety Code Section 50079.5.
Maximum Residential Density. The maximum number of residential units allowed by the General Plan range specified on the land use map of the City’s General Plan.
Moderate Income Household. A household whose gross income is as established by Health and Safety Code Section 50093.
Regulatory Agreement. A legally binding agreement between a developer and the City to ensure that the requirements of Chapter 302, Affordable Housing Density Bonus and Other Incentives are satisfied. The agreement, among other things, shall establish: the number of target units, their size, location, terms, and conditions of affordability, and production schedule.
Senior Citizen. Persons who are:
(1) At least sixty-two (62) years of age; or
(2) At least fifty-five (55) years of age in a senior citizen housing development, as defined by state and federal law.
Senior Citizen Housing Development. Residential development of one (1) of the following types:
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(1) Assisted housing units for senior citizens; or
(2) Housing intended for, and solely occupied by, persons at least sixty-two (62) years of age; or
(3) Housing consisting of at least one hundred fifty (150) units in which eighty (80) percent of the units have at least one (1) person aged fiftyfive (55) or older and which provide special facilities and services designed for seniors. Eligibility for a density bonus or other incentive for senior citizen units must be in conformity with state and federal laws governing senior housing projects.
Target Unit. A dwelling unit within a housing development which will be reserved for sale or rent to, and affordable to, very low, lower or moderate income, or senior citizen households.
Very Low Income Household. A household whose gross income is as established by Health and Safety Code Section 50105.
Aggrieved Person. Any person who, in person or through a representative, appeared at a City public hearing in conjunction with a decision or action appealed or who, by other appropriate means prior to a hearing, informed the local government of the nature of his or her concerns or who, for good cause, was unable to do either.
Alley. A public way permanently reserved primarily for secondary vehicular service access to the rear or side of properties otherwise abutting on a street.
Alteration. Any change, addition or modification that changes the exterior architectural appearance or materials of a structure or object. Alteration includes changes in exterior surfaces, changes in materials, additions, remodels, demolitions, and relocation of buildings or structures, but excludes ordinary maintenance and repairs. See also “Structural Alterations” for modifications to any of the supporting members of a structure.
Americans with Disabilities Act (ADA). United States Public Law 101-336, 104 Stat. 327 (July 26, 1990), codified at 42 U.S.C. Section 12101 et seq.
Animal-Related Terms
Household Pet. Any animal customarily permitted and kept in a dwelling and kept only for the company or pleasure provided to the occupants of the dwelling, such as a dog, cat, parakeet, tropical fish, hamster, rabbit, or Vietnamese potbellied pig.
Livestock. Any domestic animals such as cattle, horses, donkeys, mules, burros, sheep, hogs, or goats.
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ARC Districts (Agriculture/Rural/Conservation Districts). One (1) or more of the following districts: AC Agriculture/Conservation or RR Rural Residential.
Area, Gross. The horizontal area within the boundaries of a lot or site including any area for future streets, parks, and other dedications.
Balcony. A platform that projects from the wall of a building thirty (30) inches or more above grade.
Base District. A zoning district that includes use, height, bulk, space, and development standards for the regulation of development in a particular area.
Bedroom. Any room located within a dwelling unit that is used primarily for sleeping purposes by its residents and that contains at least seventy (70) square feet of floor area.
Rooms designated as a “den”, “library”, “study”, “loft” or other extra room that satisfies this definition and is not a kitchen, living room, or bath will be considered a bedroom.
Bicycle Parking, Long-term. Bicycle parking that is designed to serve employees, students, residents, commuters, and others who generally stay at a site for four (4) hours or longer.
Bicycle Parking, Short-term. Bicycle parking that is designed to serve shoppers, customers, messengers, guests, and other visitors to a site who generally stay for a period of less than four (4) hours.
Block. The frontage along one (1) side of a street between the two (2) nearest intersecting streets.
Blockface. All property between two (2) intersections that fronts upon a street or abuts a public right-of-way.
Building. Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods, or materials.
Building Footprint. See Footprint.
Building Front. That portion of the main building which affords public entry. In the case of a building with more than one (1) public entry, the entrance with the assigned address shall be considered the main public entry.
Building Height. See Height.
Building, Accessory. A subordinate building, the use of which is incidental to that of the main building on the same lot.
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Building, Main. A building in which is conducted the principal use of the lot on which it is situated.
C Districts (Commercial Districts). One (1) or more of the following districts: CN Neighborhood Commercial, CR Retail Center, CG General and Service Commercial or CMX Commercial Mixed-Use.
California Building Code. The latest edition of the California Building Code, as adopted by and in effect in the City.
California Environmental Quality Act (CEQA). State law, pursuant to California Public Resources Code Section 21000 et. seq. or any successor stature, that requires public agencies to document and consider the environmental effects of a proposed action before a decision.
Carport. An accessory structure that is roofed but permanently open on at least two (2) sides and maintained for the storage of motor vehicles.
City. The City of Porterville.
City Council. The City Council of the City of Porterville.
City Engineer. The City Engineer of the City of Porterville.
Code Enforcement Officer. A Code Enforcement Officer is defined under Chapter 2, Article IV, of the City of Porterville Municipal Code.
Commercial Vehicle. Any vehicle currently registered as such with the state Department of Motor Vehicles or equivalent out-of-state or federal agency and is used primarily in the conduct of a business as opposed to private family or individual use.
Compatible. That which is harmonious with and will not adversely affect surrounding buildings and/or uses.
Condition of Use. A development standard determined to be necessary to permit the harmonious classification of a use as listed in a district and therefore a prerequisite to place, or for application to place, such use as classified.
Conditionally Permitted. Permitted subject to approval of a Conditional Use Permit or Site Plan Review.
Construction. Construction, erection, enlargement, alteration, conversion or movement of any building, structures, or land together with any scientific surveys associated therewith.
Conversion. A change of a residential dwelling, including a mobile home lot in a mobile home park, as defined in Section 18214 of the Health and Safety Code, or a Porterville Development Ordinance
462
residential hotel, as defined in paragraph (1) of subdivision (b) of Section 50519 of the Health and Safety Code, to a condominium, cooperative, or similar form of ownership; or a change of a residential dwelling, including a mobile home lot in a mobile home park, or a residential hotel to a nonresidential use.
County. The County of Tulare.
Crew Members. People that make up the crew of an aircraft, including the pilot, copilots, flight engineers, observers, control officers, essential maintenance personnel, and personnel that support the operation of the aircraft’s activity such as paramedics, nurses, and incidental passengers that travel to or from the site of the aircraft in the aircraft in flight.
Crew Quarters. Temporary or permanent facilities that house crew members of an aircraft on a temporary basis.
D Districts (Downtown Districts). One (1) 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, DPO Downtown Professional Office, D-CG Downtown General and Service Commercial, D-PS Downtown Public and Semi Public, DRM-2 Downtown Medium Density Residential, and DRM-3 Downtown High Density Residential.
Deck. A platform, either freestanding or attached to a building, that is supported by pillars or posts. See also “Balcony.”
Demolition. The intentional destruction and removal of any structure or portion thereof, including a residential dwelling, including a mobile home, as defined in Section 18008 of the Health and Safety Code, or a mobile home lot in a mobile home park, as defined in paragraph (1) of subdivision (b) of Section 50519 of the Health and Safety Code, which has not been declared to be a public nuisance under Division 13 (commencing with Section 17000) of the Health and Safety Code or any local ordinance enacted pursuant to those provisions.
Density. The number of dwelling units per unit of land area.
Development. Any manmade change to improved or unimproved real estate, including but not limited to the division of a parcel of land into two (2) or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill or land disturbance; and any use or extension of the use of land.
Development Agreement. A contract duly executed and legally binding between the City of Porterville and a developer(s) that delineates the terms and conditions agreed upon by two (2) or more parties.
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Development Ordinance. The Development Ordinance of the City of Porterville, as amended.
District. See Zoning District.
Double Frontage Lot. See Lot, Through.
Drive-Through Facilities. Facilities designed to enable persons to receive a service or purchase or consume goods while remaining within a motor vehicle, typically associated with banks, eating, and drinking establishments, pharmacies, and other commercial uses.
Driveway. An accessway composed of concrete or asphalt that provides vehicular access between a public street or legal right-of-way, controlled by the City of Porterville, and the parking or loading facilities located on an adjacent property.
Dwelling Unit. A room or suite of rooms including one (1) and only one (1) kitchen, and designed or occupied as separate living quarters for one (1) family. See also Family.
Easement. A portion of land created by grant or agreement for specific purpose; an easement is the right, privilege or interest which one (1) party has in the land of another.
Effective Date. The date on which a permit or other approval becomes enforceable or otherwise takes effective, rather than the date it was signed or circulated.
Emergency. A sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property or essential public services.
Environmental Impact Report (EIR). An Environmental Impact Report as required under the California Environmental Quality Act, Public Resources Code Section 21000 et. seq.
Facade. The exterior wall of a building exposed to public view or that wall viewed by persons not within the building. The portion of any exterior elevation of a building extending vertically from the grade to the top of a parapet wall or eave, and horizontally across the entire width of the building elevation.
Family. One (1) or more persons living together as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking and eating facilities. Members of a "family" need not be related by blood but are distinguished from a group occupying a hotel, club, fraternity or sorority house.
Fence. An artificially-constructed barrier of any material or combination of materials erected to enclose or screen an area of land.
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Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.
Floor Area. The total floor area in a building (including basements, mezzanines, interior balconies, and upper stories or levels in a multistory building) unless otherwise stipulated; e.g., "ground" floor area.
Floor Area Ratio (FAR). The ratio of the total floor area of all buildings on a lot to the lot area.
Foot-candle. See Lighting Terms.
Footprint. The horizontal area, as seen in plan view, of a building or structure, measured from the outside of exterior walls and supporting columns, and excluding eaves.
Freeway. A divided arterial highway designated for through traffic having grade separate intersections and full control of access; State Routes 190 and 65.
Frontage, Street (Frontage, Lot). That portion of a lot or parcel of land that borders a public street. "Street frontage" shall be measured along the common lot line separating said lot or parcel of land from the public street, highway, or parkway.
Garage. A building or portion of a building that is enclosed and roofed and designed for the storage of motor vehicles.
General Plan. The Porterville 2030 General Plan.
Glare. The effect produced by a light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, such as to cause annoyance, discomfort or loss of visual performance and ability.
Gross Leasable Area. The total floor area for which a tenant pays rent and that is designed for the tenant’s occupancy and exclusive use, including any basements and mezzanines.
Ground Floor. The first floor of a building other than a cellar or basement.
Hazardous Materials. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
Heat. Thermal energy of a radioactive, conductive, or convective nature.
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Height. The vertical distance from the highest point of any structure to the ground level directly below. See also Section 103.05, Measuring Height.
Home Occupation. Any occupation conducted by a resident, entirely within a dwelling, where the use is accessory to the residential use of the structure, and does not change the residential character of the neighborhood. See Chapter 301, Standards for Specific Uses and Activities.
Household. A family living together in a single dwelling unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit.
Illegal Use. Any use of land or building that does not have the currently required permits and was originally constructed and/or established without permits required for the use at the time it was brought into existence.
In-lieu Fees. A cash payment required as a substitute for a dedication and/or improvement of land by an owner or developer of property.
Intensity of Use. The impacts a particular use or the use in combination with other uses has on its surroundings or on its demand for services and natural resources. Measures of intensity include but are not limited to requirements for water, gas, electricity, or public services; number of automobile trips generated by a use; parking demand; number of employees on a site; hours of operation; the amount of noise, light or glare generated; the number of persons attracted to the site, or, in eating establishments, the number of seats.
Intersection, Street. The area common to two (2) or more intersecting streets.
Kitchen. Any room or space within a building intended to be used for the cooking or preparation of food.
Land Division Terms. The following terms are related to Series 400, Land Divisions.
Abut. To physically touch, border upon, or share a common corner or property line. For the purposes of Series 400, Land Divisions, abutting properties shall include those properties separated by any road, street, or highway except for a limited access major highway, canal, or railroad.
Access, Approved. A means of vehicular access that conforms to all of the requirements of Series 400, Land Divisions, and has been approved by the City Council or its designee.
Adjoin. To physically touch, be contiguous to, or be situated next to but not including properties separated by any road, street, or highway.
Applicant. The subdivider or agent thereof.
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Arterial. A street designated by the circulation element of the General Plan to serve high-volume inter- and intra-city traffic, and to act as a distributor between freeways, other arterials, and major traffic generators.
Block. An area of land within a subdivision entirely bounded by any streets (other than alleys), freeways, railroad rights-of-way, natural barriers, or the exterior boundaries of the subdivision.
Centerline. A line designated by official survey to be the center of a future or existing fully developed easement, street, road, or highway, which may or may not coincide with the construction centerline.
Collector Street. A street designated by the circulation element of the General Plan to collect and distribute traffic between local streets and arterials.
Community Apartment Project. A project in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon.
Condominium. A property conforming to the definition set forth in Section 783 of the Civil Code of the State of California.
Condominium Project. A development consisting of condominiums.
Conversion. The creation of separate ownership of existing real property together with a separate interest in space of a building.
Cul-de-sac. A local street open at only one (1) end, which has a turnaround for vehicles at the closed end.
Design. Any of the following:
Street alignments, grades and widths, sidewalks, curbs and gutters; Drainage and sanitary facilities and utilities, including alignments and grades thereof;
Location and size of all required easements and rights-of-way; Fire roads and firebreaks;
Lot size and configuration;
Traffic access;
Grading;
Land to be dedicated for park or recreational purposes; and Other specific physical requirements in the plan and configuration of the entire subdivision that are necessary to ensure consistency with, or implementation of, the General Plan or any applicable specific plan.
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Final Map. A map showing a subdivision of five (5) or more lots, prepared for filing with the Tulare County Recorder in accordance with the provisions of the Subdivision Map Act and Series 400, Land Divisions, if deemed in substantial compliance with a previously approved tentative subdivision map and with any conditions to such approval.
Flood or Flooding. Any general inundation of normally dry land from the overflow of tidal waters or from the unusual and rapid accumulation of runoff of surface waters from any source.
Frontage Road. A street adjacent and auxiliary to a freeway or arterial, and separated by a divider strip, which street provides access to abutting property.
Improvements. Any street work and utilities to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, ways, and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof.
Improvements also refers to any other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approval by the local agency, or by a combination thereof, is necessary to ensure consistency with, or implementation of, the General Plan or any applicable specific plan.
Industrial Street. A street that serves an industrial area and connects said area to the major street system.
Local Street. A street which provides direct access to abutting properties, primarily in residential districts with more than four hundred (400) average daily vehicle trips pursuant to the latest edition of the Institute of Transportation Engineers - Trip Generation Manual.
Lot Line Adjustment. A shift or rotation of an existing lot line or other adjustment where a greater or lesser number of parcels than originally existed is not created, as approved in accordance with Section 406.03, Lot Line Adjustments.
Map Act. The Subdivision Map Act of the State of California Government Code.
Merger. The joining of two (2) or more contiguous parcels of land under one (1) ownership into one (1) parcel.
Minor Street. A street that provides direct access to abutting properties, primarily in residential districts with four hundred (400) or fewer average daily vehicle trips pursuant to the latest edition of the Institute of Transportation Engineers - Trip Generation Manual.
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Parcel. A legally subdivided plot of land shown on a map of record. Also referred to as “lot.”
Parcel Map. A map prepared in accordance with the provisions of this chapter, designed to be placed on record in the office of the Tulare County Recorder, and providing for the division of land which meets the exceptions set forth in Section 66426 of the Map Act.
Preliminary Map. A map to be submitted to the Zoning Administrator prior to the filing of a tentative map, to show the general characteristics of the proposed subdivision and any other data necessary to enable the Project Review Committee to review the proposed subdivision design.
Private Street. Any street, roadway, accessway or similar, lying in whole or in part within a subdivision which is privately owned and maintained and provides access to a development.
Public Improvement. A street work, utilities, and other facilities proposed or required to be installed within the subdivision for the general use of all the subdivision lot owners and for local neighborhood or community needs.
Remainder. That portion of an existing parcel which is not designated on the required map as part of the subdivision. The remainder shall not be considered as part of the subdivision but shall be shown on the required map as part of the area surrounding the subdivision.
Standard Plans and Specifications. All the standard plans and specifications prepared by the City Engineer and approved by resolution of the City Council.
Stock Cooperative. A development in which a corporation is formed primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, and all or substantially all of the shareholders of the corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation. The owners' interest in the corporation, whether evidenced by a share of stock, a certificate of membership, or otherwise, shall be deemed to be an interest in a common interest development and a real estate development.
Subdivider. As defined in Section 66423 of the Map Act.
Subdivision. The division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered contiguous units, even if it is separated by roads, streets, utility easement, or railroad rights-of-way. This definition shall specifically include Condominiums, Community Apartment Projects, or Stock Cooperative conversions.
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Subdivision Design. The overall layout of the proposed subdivision including, but not limited to, the arrangement of streets and intersections, the layout and size of lots, the widths and locations of easements and rights of way for utilities, drainage structures, sewers, the nature and location of public or semi-public facilities, programs for the preservation of natural features, and the installation of public improvements.
Tentative Map. A map made for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions in and around it.
Tentative Parcel Map. A map made for the purpose of showing the design and improvements of a proposed subdivision creating four (4) or fewer parcels or more than four (4) parcels as provided for in the State Subdivision Map Act and Series 400, Land Divisions, and the existing conditions in and around it.
Vesting Tentative Map. A tentative map for a subdivision that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with Chapter 403, Vesting Tentative Map, and is thereafter processed in accordance with the provisions hereof.
Landscaping. The planting, configuration and maintenance of trees, ground cover, shrubbery and other plant material, decorative natural and structural features (walls, fences, hedges, trellises, fountains, sculptures), earth patterning and bedding materials, and other similar site improvements that serve an aesthetic or functional purpose.
Landscaping Terms
Automatic Controller. A mechanical or solid state timer, capable of operating valve stations to set the days and length of time of a water application.
Backflow Prevention Device. A safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.
Anti-Drain or Check Valve. A valve located under a sprinkler head or other location in the irrigation system to hold water in the system to prevent minimizes drainage from sprinkler heads when the system is off.
Controller. An automatic timing device used to remotely control valves to set an irrigation schedule.
Emitter. A drip irrigation fitting emission device that delivers water slowly from the system to the soil.
Hydrozone. A portion of the landscaped area having plants with similar water needs
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Irrigation Efficiency. The measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices.
Operating Pressure. The pressure at which an irrigation system is designed by the manufacturer to operate.
Overspray. The water which is delivered beyond the landscaped area and causes overland flow during irrigation events onto non-targeted areas such as, pavements, walks and structures.
Runoff. Water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area.
Lighting Terms
Foot-candle. A quantitative unit of measure for luminance. One (1) foot-candle is equal to the amount of light generated by one (1) candle shining on one (1) square foot surface located one (1) foot away. Equal to one (1) lumen uniformly distributed over an area of one (1) square foot.
Light Fixture. The assembly that holds a lamp and may include an assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirrors, and a refractor or lens.
Light Fixture Cutoff. Light fixtures are classified as full cutoff, cutoff, semicutoff, or non-cutoff according to the most recent adopted criteria of the Illuminating Engineering Society of North America (IESNA). The four (4) IESNA classifications are defined as follows (IESNA 2000):
Full Cutoff. The luminous intensity (in candelas) at or above an angle of ninety degrees (90°) above nadir is zero (0), and the luminous intensity (in candelas) at or above a vertical angle of eighty degrees (80°) above nadir does not numerically exceed ten (10) percent of the luminous flux (in lumens) of the lamp or lamps in the luminaire.
Cutoff. The luminous intensity (in candelas) at or above an angle of ninety degrees (90°) above nadir does not numerically exceed two and one-half (2.5) percent of the luminous flux (in lumens) of the lamp or lamps in the luminary, and the luminous intensity (in candelas) at or above a vertical angle of eighty degrees (80°) above nadir does not numerically exceed ten (10) percent of the luminous flux (in lumens) of the lamp or lamps in the luminary.
Semi-Cutoff. The luminous intensity (in candelas) at or above an angle of ninety degrees (90°) above nadir does not numerically exceed five (5) Series 700: General Terms
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percent of the luminous flux (in lumens) of the lamp or lamps in the luminary, and the luminous intensity (in candelas) at or above a vertical angle of eighty degrees (80°) above nadir does not numerically exceed twenty (20) percent of the luminous flux (in lumens) of the lamp or lamps in the luminary.
Non-Cutoff. There is no candela limitation in the zone above maximum candela.
Shielded Fixture. Outdoor light fixtures shielded or constructed so that light rays emitted by the lamp are projected below the horizontal plane passing through the lowest point on the fixture from which light is emitted.
Living Room. The principal room in a dwelling unit designed for general living purposes rather than for sleeping.
Long-Term Parking. A situation in which a vehicle is not normally moved during the period of an employee's work shift, as opposed to customer or visitor parking.
Lot. A parcel, tract, or area of land whose boundaries have been established by a legal instrument such as a recorded deed or a recorded map, and which is recognized as a separate legal entity for purposes of transfer of title, except public easements or rightsof-way.
Lot Area. The total area circumscribed by the boundaries of a lot, excluding any street rights-of-way.
Lot Coverage. The portion of a lot that is covered by structures, including principal and accessory buildings, garages, carports, and roofed porches, but not including unenclosed and unroofed decks or landings. See also Section 103.10, Determining Lot Coverage.
Lot Depth. The distance from the midpoint of the front property line of a 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. See also Section 103.06, Measuring Lot Width and Depth.
Lot Frontage. See Frontage, Street.
Lot Line. Any boundary of a lot.
Lot Line Types
Front Lot Line. The lot line that abuts a street or public right-of-way. For corner lots, the shortest side fronting a public street is considered the front lot line regardless of which street is used for vehicle or pedestrian access, or street address.
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Interior Lot Line. Any lot line that is not adjacent to a street.
Rear Lot Line. The lot line that is opposite and most distant from the front lot line. Where no lot line is within forty-five (45) degrees of being parallel to the front lot line, a line ten (10) feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for the purpose of establishing the minimum rear yard.
Figure 700.02(A): Rear Lot Line For Purpose Of Determining Setback Side Lot Line. Any lot line that is not a front or rear lot line.
Street Side Lot Line. A side lot line of a corner lot that is adjacent to a street.
Lot Types
Lot, Corner. A lot or parcel situated at the intersection of two (2) or more streets that have an angle intersection measured within said lot or parcel of not more than one hundred thirty-five (135) degrees.
Lot, Flag. A lot with access to a street by means of a strip of land having less than the required site width but not less than twenty-five (25) feet of frontage.
The length of a strip shall be measured from the frontage line to the nearest point of intersection with that lot line parallel or most nearly parallel to the Series 700: General Terms
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frontage line. The area of an access strip shall not be included in determining the site area of the developable lot.
Lot, Interior. A lot or parcel of land other than a corner or flag lot.
Lot, Key. An interior lot adjoining the rear lot line of a reversed corner lot.
Lot, Reversed Corner. A corner lot, the street side lot line of which is substantially a continuation of the front line of a lot or parcel of land which adjoins the rear lot line of said lot.
Lot, Through. A lot having frontage on two (2) parallel or approximately parallel streets.
Figure 700.02(B): Lot And Yard Types
Lot Width. The distance between the side lot lines, measured at a right angle to the lot depth at the midpoint of the lot depth line. See also Section 103.06, Measuring Lot Width and Depth.
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Maintenance and Repair. The repair or replacement of nonbearing walls, fixtures, wiring, roof or plumbing that restores the character, scope, size or design of a structure to its previously existing, authorized, and undamaged condition.
Manufactured Home. A structure constructed on or after June 15, 1976 in compliance with state standards in effect at the time of construction, is transportable in one (1) or more sections, is built on a permanent chassis and designed to be used as a singlefamily dwelling with or without a foundation system when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems. "Manufactured home" includes any structure that meets all the requirements of this paragraph and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974.
Medical Marijuana Dispensary. Any facility or location where medical marijuana is made available to and/or distributed by or to one (1) or more of the following: a primary caregiver, a qualified patient, or a person with an identification card, in strict accordance with California Health and Safety Code Section 11362.5 et seq. A “medical marijuana dispensary” shall not include the following uses, as long as the location of such uses are otherwise regulated by this Code or Applicable Law: a clinic licensed pursuant to Chapter 1 or Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11362.5 et seq.
Mobile Home. A structure constructed prior to June 15, 1976 in compliance with state standards in effect at the time of construction, is transportable in one (1) or more sections, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation system when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems. "Mobilehome" does not include a commercial modular, as defined in Section 18001.8, factory-built housing, as defined in Section 19971, a manufactured home, as defined in Section 18007, a multifamily manufactured home, as defined in Section 18008.7, or a recreational vehicle, as defined in Section 18010 of the Health and Safety Code.
Noise Terms
Ambient Noise Level. The composite of noise from all sources excluding an alleged offensive noise. In this context, the ambient noise level represents the normal or existing level of environmental noise at a given location for a specified time of day or night.
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Decibel. A unit for measuring the amplitude of a sound, equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micropascals.
Mobile Noise Source. Any noise source other than a fixed noise source.
Noise. Any sound that annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
Noise Level Reduction (NLR). The difference in decibels of noise level from the outside of a building to the interior of a building, generally resulting from various construction methods and the materials used in walls, windows, ceilings, doors, and vents of a building.
Nonconforming Use and Development Terms
Abandoned. A use that has ceased or a structure that has been vacated for a time period as specified in this ordinance. Abandonment does not include temporary or short-term interruptions to a use or occupancy of a structure during periods of remodeling, maintaining, or otherwise improving or rearranging a facility.
Illegal Nonconforming Building or Use. A building or use that does not conform to one (1) or more of the provisions of the Development Ordinance and did not lawfully exist on the effective date of applicable sections of the Development Ordinance.
Nonconforming Building or Structure. Any building or structure that was lawfully established and in compliance with all applicable ordinances and laws at the time the ordinance codified in the Development Ordinance or any amendment thereto became effective, but which, due to the application of the Development Ordinance or any amendment thereto, no longer complies with all the applicable regulation and standards of development in the zone in which it is located.
Nonconforming Lot. A lot, the area, dimensions, or location of which was lawful prior to the effective date of the Development Ordinance, or any amendment thereto, but which fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.
Nonconforming Sign. A sign that lawfully existed prior to but which fails by reason of such adoption or amendment to conform to all of the standards and regulation of the Development Ordinance.
Nonconforming Use. A use of a structure or land that was lawfully established and maintained, but which does not conform with currently applicable use regulations for the district in which it is located by reason of adoption or Porterville Development Ordinance
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amendment of the Development Ordinance or amendment thereto or by reason of annexation of territory to the city.
Nuisance. Anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use and enjoyment of property, or a violation of this Development Ordinance.
Occupancy, Change In. A discontinuance of an existing use and the substitution therefore of a use of a different kind or class.
On-Site Loading Facilities. A site or portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives, and landscaped areas.
On-Site. Located on the lot that is the subject of discussion.
Open Space Types
Private Open Space. Open areas for outdoor living and recreation that are adjacent and directly accessible to a single dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests.
Common Open Space. Areas for outdoor living and recreation that are intended for the use of residents and guests of more than one (1) dwelling unit.
Usable Open Space. Outdoor areas that provide for outdoor living and/or recreation for the use of residents.
Opposite. Across from or across the street from.
Outdoor Storage. The keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than twenty-four (24) hours, except for the keeping of building materials reasonably required for construction work on the premises pursuant to a valid and current building permit issued by the City.
Owner. Any person owning property, as shown on the last equalized assessment roll for city taxes or the lessee, tenant or other person having control or possession of the property.
Parking Area. A lot, structure, or any other area, including driveways, which is designed for and the primary purpose of which is to provide for the temporary storage of vehicles.
Permit. Any Zoning Certificate, Conditional Use Permit, Temporary Use Permit, Building Permit, license, certificate, approval, or other entitlement for development and/or use of property as required by any public agency.
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Permitted Use. Any use allowed in a zoning district without a requirement for approval of a Conditional Use Permit, but subject to any restrictions applicable to that zoning district.
Person. Any individual, firm, association, organization, partnership, business trust, company, or corporation.
Persons with Disabilities. Persons who have a medical, physical, or mental condition, disorder or disability as defined in California Government Code Section 12926, that limits one (1) or more major life activities.
Porch. A roofed structure, usually open at the sides, projecting from the face of a building and used to protect the entrance.
Pre-existing. In existence prior to the effective date of this Chapter.
Project. Any proposal for a new or changed use or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this ordinance. This term also refers to any action that qualifies as a “project” as defined by the California Environmental Quality Act.
Public Works Director. The director of Porterville’s Public Works Department.
Qualified Applicant. The property owner, the owner’s agent, or any person, corporation, partnership or other legal entity that has a legal or equitable title to land that is the subject of a development proposal or is the holder of an option or contract to purchase such land or otherwise has an enforceable proprietary interest in such land.
R District (Residential District). One (1) or more of the following districts: RS-1 Very Low Density Residential, RS-2 Low Density Residential, RM-1 Low-Medium Density Residential, RM-2 Medium Density Residential, or RM-3 High Density Residential.
Recreational Vehicle. A motor home, travel trailer, truck camper, or camping trailer with or without motor power designed for human habitation for recreational, emergency, or other occupancy, which meets all of the following criteria:
(1) It contains less than three hundred twenty (320) square feet of internal living room area, excluding built-in equipment, including but not limited to wardrobe, closets, cabinets, kitchen units, or fixtures, and a bath or toilet room; (2) It contains four hundred (400) square feet or less of gross area measured at maximum horizontal projections;
(3) It is built on a single chassis; and
(4) It is either self-propelled, truck-mounted, or permanently towable on the highways without a permit issued by the appropriate state agency.
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Redevelopment Agency/Successor Agency. The Redevelopment Agency/Successor Agency of the City of Porterville.
Rescission. The City’s unilateral unmaking of an approval for a legally sufficient reason, such as applicant’s material breach of a condition.
Right-of-Way. A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer or other similar use.
Screening. Screening refers to a wall, fence, hedge, informal planting, or berm, provided for the purpose of buffering a building or activity from neighboring areas or from the street.
Setback. The area between a property line and a building or structure which must be kept clear or open. See also Section 103.04, Measuring Distances, and Section 103.12, Measuring Setbacks (Yards).
Sexually Oriented Business Terms. See Section 301.17, Sexually Oriented Businesses.
Sidewalk. A paved, surfaced, or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.
Sign-Related Terms. The following terms are related to Chapter 305, Signs.
Abandoned Sign. A sign remaining in place or not maintained for a period of 90 days which no longer advertises or identifies an ongoing business, product, or service available on the business premise where the sign is located.
Animated Sign. A sign that uses movement or change of lighting to depict action or create a special effect or scene.
Area of Sign. The area included within the outer dimensions of a sign face display area including all portions not part of the necessary supporting structure; a double-faced sign whose faces are parallel or no more than 30 degrees apart shall be deemed to be a single sign for the purposes of determining sign area. In the case of a sign placed on a wall or other structure surface, the area shall be computed by enclosing the sign within sets of parallel lines.
Awning Sign. A sign painted or otherwise affixed permanently to the exterior surface of an awning. For purposes of this Division, awning means shelter projecting from and supported by the exterior wall of a building and constructed of a rigid frame covered by a flexible skin (e.g., as fabric, synthetic material, or thin sheet metal).
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Balloon. An inflatable, airtight bag that can be strung together in multiple numbers to attract attention to a business location. A balloon shall not be considered an inflatable sign.
Banner. A temporary sign made of fabric or any nonrigid material with no enclosing framework.
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.
Building-Mounted Sign. Any sign mounted or erected on or against any building or façade, including all wall signs, awning and canopy signs and projecting signs.
Can Sign (Box Sign). A sign on the outside face of a metal box with or without internal illumination.
Canopy. A rigid multi-sided structure covered with fabric, metal, or other material and supported by columns or posts embedded in the ground, or cantilevered out from the main structure.
Changeable Copy Sign. A sign whose informational content can be changed or altered manually.
Channel Letters. Three-dimensional individual letters or figures, with an open back or front, illuminated or nonilluminated, that are affixed to a building or to a freestanding sign structure.
Construction Sign. A temporary sign describing in words and/or drawings a planned future development project on a property.
Directional Sign. An on-site sign designed to direct or guide pedestrian or vehicular traffic and which is nonadvertising in nature, except for a logo and directional information, (e.g., handicapped parking, one (1) way, exit, and entrance).
Electronic Message Center Sign. A sign whose informational content can be changed or altered by electric, electro-mechanical, electronic, or any other artificial energy means.
Fence Sign. A sign attached to or painted onto any freestanding wall or fence.
Flag. A loose fabric or membrane secured to a pole or rod, which flutters and moves with air or wind movement.
Freestanding Sign. A sign that is permanently supported upon the ground by poles or braces and is not attached to any building or other structure.
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Height. The vertical distance measured from the lowest ground level directly beneath the sign to the highest point at the top of the sign. The ground level shall be either the natural grade or finished grade, whichever is lowest.
Identifiable Area. Residential, commercial, or industrial site containing a minimum of two (2) acres with an integrated site and design plan creating a single unified development with one (1) or more uses.
Identification Sign. A permanent sign used to identify a residential area, shopping district, industrial district, or any area which fulfills the definition of an identifiable area.
Illegal Sign. A sign that does not meet the requirements of this Division or that does not have legal nonconforming status.
Illuminated Sign. A sign with an artificial source of light incorporated internally or externally for the purpose of illuminating the sign.
Inflatable Sign. A form of inflatable device (e.g., shaped as an animal, blimp, or other object) that is displayed, printed, or painted on the surface of an inflatable background, and is primarily installed outside a building to attract attention to or to advertise a business, a business location, a service, a product, or an event. An inflatable sign shall not be considered a balloon.
Interior Illumination. Lighting whose source is contained within the sign.
Logo. A specially designed graphic symbol of a business establishment, a company, or any other legal private or public entity.
Marquee Sign. A sign advertising an event, performance, service, seminar, conference, or show, and displayed on a permanent roof-like structure or canopy made of rigid materials supported by and extending from the facade of a building.
Mansard. A wall which has a slope equal to or greater than two (2) vertical feet for each horizontal foot and has been designed to look like a roof.
Master Sign Program. A coordinated program of signage designed to encourage consistency in signage for developments with multiple tenants or for developments with a single tenant proposing multiple signs.
Monument Sign. A low-profile freestanding sign erected upon or supported solely by a planter, pedestal base, or similar ground structure approximately the same dimension as the height of the sign and which is designed to incorporate the architectural theme and building material of the building on the premises.
Neon Sign. A sign with tubing that is internally illuminated by neon or other electrically charged gas.
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Off-site Advertising Sign. A sign structure or billboard, whether freestanding or mounted on an existing building, built for the purpose of advertising an establishment, product or service that is not available on the property upon which the sign is located at the time the sign structure was erected.
Off-site Directional Sign. A sign offering directional information to a business, location or place located in an area different from where the sign is located.
Parapet. That portion of the building wall that extends above the roof of the building.
Pennant. A device made of flexible materials, (e.g., cloth, paper, or plastic) that may or may not contain copy, and which is installed for the purpose of attracting attention.
Political Sign. A temporary sign installed that advertises a political candidate, a political party, or a political issue.
Portable Sign. A sign not permanently attached to, mounted upon, or affixed to a building, structure, or the ground. Portable signs include A-frame signs, sandwich board signs, and signs on wheels.
Projecting Sign. A sign, the sign surface of which is not parallel to the face of the supporting wall and which is supported wholly by the wall. This definition shall include V- or wing-type signs.
Real Estate Sign. A temporary sign indicating that the premises on which the sign is located is for sale, lease, or rent. These signs typically include rider signs that describe amenities such as swimming pools and spas, open house signs, subdivision signs, and off-site directional signs.
Roof Sign. A sign erected, constructed, and attached to and/or maintained upon or above any roof or portion of a roof of any building, including a mansard roof.
For the purposes of this Division, a mansard roof is any roof or parapet wall with roofing material for siding that slopes from thirty (30) degrees to ninety (90) degrees and does not have a ridgeline.
Sign. Any letters, figure, visual symbol, emblem, logo, object, or display, or any combination thereof, designed or used to identify, attract attention to, advertise, or communicate information. Signs include display surfaces together with such facilities as are utilized in supporting, maintaining, and illuminating the display surfaces.
Sign Area. See Area of Sign.
Sign Copy. Any words, letters, logos, numbers, figures, design, or other symbolic representation incorporated into a sign.
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Sign Face. The surface or surfaces used for the display of a sign message as seen from any one (1) direction.
Temporary Sign. A sign that is designed or intended to be temporarily mounted or displayed and that is not intended for permanent or long-term use.
Vehicle Display Sign. A sign mounted, attached, affixed or painted upon any surface of a motor vehicle, trailer or similar conveyance parked on public or private property for the purpose of advertising a business or a business location within the City or outside the City.
Vehicle for Sale Sign. A sign painted or affixed onto vehicles for sale that are kept in vehicle display areas of new and used motor vehicle dealership lots.
Wall Sign. A sign painted or installed on or attached to a wall and which is parallel to the building facade. This definition includes painted, channel letters, and can signs.
Window Sign. A sign painted or installed on a glass window or door or located within twelve (12) inches from inside the window in a manner that it can be viewed from the exterior of a structure.
Site. A lot, or group of contiguous lots, that is proposed for development in accordance with the provisions of this ordinance and is in a single ownership or under unified control.
Specific Plan. A plan for a defined area that is consistent with the General Plan and with the provisions of the California Government Code, Section 65450 et seq.
State. The State of California.
Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the roof above.
Street. A public or private right-of-way whose function is to carry vehicular traffic or provide vehicular access to abutting property.
Structural Alteration. Any change of the supporting members of a building, such as bearing walls, columns, beams or girders, floor joists, ceiling joists, or roof rafters.
Structure
Accessory Structure. A subordinate structure, the use of which is incidental to that of the main structure on the same lot.
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Permanent Structure. Anything constructed or erected which requires a fixed location on the ground, or is attached to a building or other structure having fixed location on the ground.
Primary Structure (Main Structure). A structure housing the principal use of a site or functioning as the principal use.
Temporary Structure. A structure without any foundation or footings and which is intended to be removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
Swimming Pool. A pool, pond, lake, or open tank capable of containing water to a depth greater than one and one-half (1.5) feet at any point.
Tandem Parking. An arrangement of parking spaces such that one (1) or more spaces must be driven across in order to access another space or spaces.
Telecommunication Terms. The following terms are related to Section 301.20, Telecommunications Facilities.
Antenna. Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or receiving of electromagnetic radio frequency waves.
Amateur Radio Antenna. Any antenna used to receive or transmit radio signals on the amateur radio bandwidth, as designated by federal regulations.
Camouflage. To disguise a wireless facility by incorporating it into the architectural design of a building or structure or by utilizing design and siting techniques that disguise the wireless facility as a structure or object other than a wireless facility, which is either already present in the area or blends in with the existing environment. Examples of camouflage techniques include, but are not limited to, trees, clock towers, bell steeples, light poles and flag poles. The use of mono-pines shall not be considered appropriate camouflage unless integrated into the surrounding landscape with the use of live trees, new or existing structures or other design features.
Co-location. The location of two (2) or more wireless communication facilities on a single support structure or otherwise sharing a common location. For the purposes of this chapter, collocation shall also include the location of wireless communication facilities with other facilities such as water tanks, light standards, and other utility facilities and structures.
Communication Tower. Any structure that is used to transmit or receive electromagnetic radio frequency waves or that supports such a device.
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Ground-Mounted. A facility that is fully or partially supported by a platform, framework, pole, or other structural system that is affixed to or placed directly on or in the ground.
Monopole. A facility that consists of a single pole structure erected on the ground to support wireless communication antennas and connecting appurtenances.
Wireless Telecommunication Facility. A facility containing communication towers and/or antennas and any related equipment for the purpose of transmitting or receiving electromagnetic radio frequency waves.
Temporary Uses. The following terms are related to Section 301.21, Temporary Uses.
Garage Sales. The sale or offering for sale to the general public of over five (5) items of personal property on a portion of a lot in a residentially zoned district, whether inside or outside any building.
Model Homes. A dwelling built in a subdivision development to allow potential home buyers to view a sample finished product before other homes in the development are completed.
Outdoor Sales, Temporary and Seasonal. The sale or offering for sale to the general public of merchandise outside of a permanent structure on property owned or leased by the person, firm, or corporation. These sales are of a limited duration and conducted on an occasional basis, and are secondary or incidental to the principal permitted use or structure existing on the property.
Unit. See Dwelling Unit.
Use. The purpose for which a site or structure is arranged, designed, intended, constructed, erected, moved, altered, or enlarged for which either a site or a structure is or may be occupied or maintained.
Use, Primary. A primary or dominant use established, or proposed to be established, on a lot.
Use, Accessory. A use that is customarily associated with, and is incidental and subordinate to, the principal use and located on the same lot as the principal use.
Variance. Permission to depart from the literal requirements of this Ordinance.
Vibration. A periodic motion of the particles of an elastic body or medium in alternately opposite directions from the position of equilibrium.
Visible. Capable of being seen (whether or not legible) by a person of normal height and visual acuity walking or driving on a public road.
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Weekday. Any day, Monday through Friday, that is not a federal, state, or local holiday.
Yard. In Residential Districts, including D-MX and CMX, an open space on a lot that is unoccupied and unobstructed from the ground upward, except as otherwise permitted by this Development Ordinance.
Front Yard. A yard extending across the front of a lot for the full width of the lot between the side lot lines, measured inward from the front lot line. The depth of a front yard shall be the minimum setback to the residence, excluding unenclosed porches; where the residence is not built to the minimum setback, the standard shall be 20 feet a distance specified by this Development Ordinance for the district in which it is located and.
Interior Side Yard. A yard extending along an interior side of a lot from the front lot line to the rear lot line, and to a depth specified by this Development Ordinance for the district in which it is located and measured inward from the interior side lot line.
Street Side Yard. A yard extending along the street side of a corner lot from the front lot line to the rear lot line, and to a depth specified by this Development Ordinance for the district in which it is located and measured inward from the street side lot line.
Rear Yard. A yard extending across the rear of a lot for its full width between side lot lines, and to a depth specified by this Development Ordinance for the district in which it is located. If a lot has no rear lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for the purpose of establishing the minimum rear yard.
Zoning Administrator. The Community Development Director of the City of Porterville, or designee.
Zoning District. A specifically delineated area or district in the city within which regulations and requirements uniformly govern the use, placement, spacing, and size of land and buildings.
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Chapter 701 Use Classifications
Sections:
701.01 Purpose and Applicability
701.02 Land Use Classifications
701.01 Purpose and Applicability
Use classifications describe one (1) or more uses of land having similar characteristics, but do not list every use or activity that may appropriately be within the classification.
The Zoning Administrator shall determine whether a specific use shall be deemed to be within one (1) or more use classifications or not within any classification in this chapter. The Zoning Administrator may determine that a specific use shall not be deemed to be within a classification, whether or not named within the classification, if its characteristics are substantially incompatible with those typical of uses named within the classification.
701.02 Land Use Classifications
Aircraft Sales, Services, and Storage. Uses related to the rental, sales and leasing, storage, repair, and washing of aircraft.
Airports. Facilities for the takeoff and landing of airplanes, including runways, aircraft storage buildings, public terminal buildings and parking, and support activities such as airport operations, crew quarters, and air traffic control.
Animal Care, Sales and Services
Kennels. Facilities for keeping, boarding, training, breeding or maintaining for commercial purposes, four (4) or more dogs, cats, or other household pets not owned by the kennel owner or operator. This classification excludes pet shops and animal hospitals that provide twenty-four (24) hour accommodation of animals receiving medical or grooming services.
Pet Stores. Retail sales of animals and/or services, including grooming, for animals on a commercial basis. This classification excludes dog walking and similar pet care services not carried out at a fixed location, and excludes pet supply stores that do not sell animals or provide on-site animal services.
Veterinary Services, Small. Medical care for small animals on a commercial basis.
This classification allows twenty-four (24) hour accommodation of animals receiving medical or grooming services but does not include kennels.
Veterinary Services, Large. Medical care for large animals which generally includes agricultural animals, on a commercial basis. This classification allows twenty-four Porterville Development Ordinance
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(24) hour accommodation of animals receiving medical or grooming services.
Animal Raising. The raising, grazing, or feeding of animals for animal products, animal increase, or value increase, and dairying as an accessory use on farms with dairy cattle.
Artists’ Studios. Work space for artists and artisans, including individuals practicing one (1) of the fine arts or performing arts, or skilled in an applied art or craft. Incidental retail sales of items produced on the premises is required.
Automobile/Vehicle Sales and Services
Automobile/Vehicle Rentals. Rental of automobiles, including storage and incidental maintenance.
Automobile/Vehicle Sales and Leasing. Sales or leasing of automobiles, boats, motorcycles, trucks, and motor homes, including storage and incidental maintenance.
Automobile/Vehicle Repair, Major. Repair of automobiles, trucks, motorcycles, motor homes, boats and recreational vehicles, including the sale, installation, and servicing of related equipment and parts, generally on an overnight basis. This classification includes auto repair shops, body and fender shops, and transmission shops, but excludes vehicle dismantling or salvaging and tire retreading or recapping.
Automobile/Vehicle Service and Repair, Minor. The service and repair of automobiles, light-duty trucks, boats, and motorcycles, including the sale, installation, and servicing of related equipment and parts. This classification includes quick-service oil, tune-up, wheel and brake shops, auto glass services, tire sales and installation, muffler shops and upholstery shops where repairs are made or service provided in enclosed bays and no vehicles are stored overnight. This classification excludes establishments providing engine repair, body and fender work, vehicle painting, or towing. It also excludes repair of heavy trucks or construction vehicles.
Automobile/Vehicle Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles, including self-serve washing facilities.
Large Vehicle and Equipment Sales, Service and Rental. Sales, servicing, rental, fueling, and washing of large trucks, trailers, tractors, and other equipment used for construction, agricultural, or landscape gardening activities. Includes large vehicle operation training facilities. Sales of new or used automobiles or trucks are excluded from this classification.
Service Station. Establishments primarily engaged in retailing automotive fuels or retailing these fuels in combination with activities, such as providing repair services; selling automotive oils, replacement parts, and accessories; and/or providing food services.
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Towing and Impound. Establishments primarily engaged in towing light or heavy motor vehicles, both local and long distance. These establishments may provide incidental services, such as vehicle storage and emergency road repair services. (For automobile/dismantling, see Salvage Yards)
Banks and Financial Institutions
Banks and Credit Unions. Financial institutions providing retail banking services.
This classification includes only those institutions engaged in the on-site circulation of money, including credit unions, but excluding check-cashing businesses.
Check Cashing Businesses. Establishments that, for compensation, engage in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. This classification also includes the business of deferred deposits, whereby the check casher refrains from depositing a personal check written by a customer until a specific date pursuant to a written agreement as provided in Civil Code 1789.33. Check Cashing Businesses do not include state or federally chartered banks, savings associations, credit unions, or industrial loan companies. They also do not include retail sellers engaged primarily in the business of selling consumer goods, such as consumables to retail buyers, that cash checks or issue money order incidental to their main purpose or business.
Building Materials and Services. Retailing, wholesaling, or rental of building supplies or equipment. This classification includes lumber yards, tool and equipment sales or rental establishments, and includes establishments devoted principally to taxable retail sales to individuals for their own use. This definition does not include Contractors’ Yards and hardware stores less than ten thousand (10,000) square feet in floor area (see Retail Sales).
Business Services. Establishments that primarily provide goods and services to other businesses on a fee or contract basis, including printing and copying, blueprint services, advertising and mailing, equipment rental and leasing, office security, custodial services, photo finishing, and model building, but excluding vehicle rentals, bulk items, or print shops.
Cemetery. Establishments primarily engaged in operating sites or structures reserved for the interment of human or animal remains, including mausoleums, burial places, and memorial gardens.
Clubs and Lodges. Meeting, recreational, or social facilities of a private or nonprofit organization primarily for use by members or guests. This classification includes union halls and social clubs.
Colleges and Trade Schools, Public or Private. Institutions of higher education providing curricula of a general, religious or professional nature, typically granting recognized degrees, including conference centers and academic retreats associated with such institutions. This classification includes business and computer schools, Porterville Development Ordinance
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management training, technical and trade schools, but excludes personal instructional services such as music lessons.
Construction and Material Yards. Storage of construction materials or equipment on a site other than a construction site.
Commercial Entertainment and Recreation. Provision of participant or spectator entertainment to the general public.
Cinema/Theaters. Facilities for indoor display of films, motion pictures, or dramatic, musical, or live performances. This classification may include incidental food and beverage services to patrons.
Downtown Entertainment. This classification includes facilities such as amusement and theme parks, amphitheaters, facilities with more than ten thousand (10,000) square feet in building area, including fitness centers, gymnasiums, handball, racquetball, ice or roller skating rinks, swimming or wave pools, miniature golf courses, bowling alleys, or archery or indoor shooting ranges. This classification may include restaurants, snack bars, and other incidental food and beverage services to patrons.
Large-scale. This classification includes large outdoor facilities such as amusement and theme parks, casinos, sports stadiums and arenas, racetracks, amphitheatres, drive-in theaters, driving ranges, golf courses, and facilities with more than ten thousand (10,000) square feet in building area, including fitness centers, gymnasiums, handball, racquetball, or large tennis club facilities; ice or roller skating rinks; swimming or wave pools; miniature golf courses; bowling alleys; archery or indoor shooting ranges; riding stables; campgrounds; stables, etc. This classification may include restaurants, snack bars, and other incidental food and beverage services to patrons.
Small-scale. This classification includes small, generally indoor facilities, that occupy less than ten thousand (10,000) square feet of building area, such as billiard parlors, card rooms, health clubs, dance halls, small tennis club facilities, poolrooms, and amusement arcades. This classification may include restaurants, snack bars, and other incidental food and beverage services to patrons.
Community Center. Any noncommercial facility established primarily for the benefit and service of the population of the community in which it is located. Examples include youth centers and senior centers.
Communication Facilities
Antenna and Transmission Towers. Broadcasting and other communication services accomplished through electronic or telephonic mechanisms, as well as structures designed to support one (1) or more reception/transmission systems. Examples of Series 700: General Terms
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transmission towers include, but shall not be limited to, radio towers, television towers, telephone exchange/microwave relay towers, and cellular telephone transmission/personal communications systems towers.
Broadcasting Facility. Includes radio or television stations. Transmission towers must comply with Series 301.20 Telecommunication Facilities.
Call Centers. Includes customer support, direct sales, order processing, customer service, surveys, research, credit management, help desk, reservations, billing and accounting, sales and telemarketing. These services are either provided internally by the company for its own use or provided externally by an outsourcing agency which provide these services for several companies.
Recording Studio. Facility for sound recording which can consist of a studio or live room and control room, where sound is recorded and manipulated.
Correctional Facility. A building such as a jail or prison used for the confinement of persons held while awaiting trial or for the confinement of persons convicted of offenses.
Crop Cultivation. The cultivation of tree, vine, field, forage, and other plant crops intended to provide food or fibers. The classification excludes wholesale or retail nurseries. (see Nurseries and Garden Centers)
Crop Cultivation, Commercial. Results in quantities of crops greater than what could be reasonably consumed in personal use and/or crops that are produced with the intent to sell commercially.
Crop Cultivation, Non-commercial. Includes orchards and flower and vegetable gardens for personal use.
Cottage Food Operations. A private home food operation where low-risk food products are prepared or packaged for sale to consumers which complies with California Government Code Section 51035.
Cultural Institutions. Public or non-profit institutions engaged primarily in the display or preservation of objects of interest in the arts or sciences that are open to the public on a regular basis. This classification includes performing arts centers for theater, dance, and events; buildings of an educational, charitable or philanthropic nature; libraries; museums; historical sites; aquariums; art galleries; and zoos and botanical gardens.
Day Care Centers. Establishments providing non-medical care for persons on a less than 24-hour basis other than Family Day Care Home. This classification includes nursery schools, preschools, and day care facilities for children or adults, and any other day care facility licensed by the State of California.
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Eating, Drinking, and Smoking Establishments. Businesses primarily engaged in serving prepared food, beverages, and/or tobacco for consumption on or off the premises.
Bars/Night Clubs/Lounges. Businesses serving beverages for consumption on the premises as a primary use and including on-sale service of alcohol including beer, wine, and mixed drinks. This classification includes establishments that provide dancing or entertainment.
Coffee Shops/Cafes. Establishments that serve nonalcoholic beverages, such as coffee, juices or sodas for consumption on or near the premises, or a specialty snack, such as ice cream, frozen yogurt, cookies or popcorn.
Restaurants. Establishments where meals are served to customers. This classification includes full-service restaurants with table service as well as establishments providing limited table service, such as fast-food restaurants, carryout sandwich shops, limited service pizza parlors and delivery shops, and delicatessen restaurants. This classification excludes establishments that provide dancing or entertainment (see Bars/Night Clubs/Lounges).
Tobacco Bars. Any business establishment which in whole or in part is dedicated to or includes as part of the business, the smoking of tobacco or other substances. This classification includes cigar lounges, hookah bars/cafes, tobacco cafes/bars, and smoking parlors but does not include medical marijuana dispensaries.
Elderly and Long-term Care. Establishment that provide twenty-four (24) hour medical, convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves, and is licensed as a skilled nursing facility by the, including but not limited to, rest homes and convalescent hospitals, but not Residential Care, Hospitals, or Clinics.
Family Day Care Home. A home that regularly provides care, protection, and supervision for fourteen (14) or fewer children, in the provider's own home, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away, and is either a large family day care home or a small family day care home as follows.
Large. A home that provides family day care for seven (7) to fourteen (14) children, including children under the age of 10 years who reside at the home (Health and Safety Code Section 1596.78(b)). A large family day care home may provide care for more than 12 children and up to and including fourteen (14) children, if all of the following conditions are met (Health and Safety Code Section 1597.465):
1. At least one (1) child is enrolled in and attending kindergarten or elementary school and a second child is at least six (6) years of age.
2. No more than three (3) infants are cared for during any time when more than twelve (12) children are being cared for.
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3. The licensee notifies a parent that the facility is caring for two (2) additional school-age children and that there may be up to thirteen (13) or fourteen (14) children in the home at one (1) time.
4. The licensee obtains the written consent of the property owner when the family day care home is operated on property that is leased or rented.
Small. A home that provides family day care for eight (8) or fewer children, including children under the age of ten (10) years who reside at the home (Health and Safety Code Section 1596.78(c)). A small family day care home may provide care for more than six (6) and up to eight (8) children, without an additional adult attendant, if all of the following conditions are met (Health and Safety Code Section 1597.44):
1. At least one (1) child is enrolled in and attending kindergarten or elementary school and a second child is at least six (6) years of age.
2. No more than two (2) infants are cared for during any time when more than six (6) children are cared for.
3. The licensee notifies each parent that the facility is caring for two (2) additional school-age children and that there may be up to seven (7) or eight (8) children in the home at one (1) time.
4. The licensee obtains the written consent of the property owner when the family day care home is operated on property that is leased or rented.
Food and Beverage Retail Sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include food markets, convenient markets, groceries, liquor stores, and retail bakeries.
Freight/Truck Terminals and Warehouses. Facilities for local or worldwide freight, courier, local messenger, and postal services by truck or rail.
Funeral Parlors and Mortuaries. An establishment primarily engaged in the provision of services involving the care, preparation, or disposition of the human dead and conducting memorial services. Typical uses include a crematory, columbarium, mausoleum, or mortuary.
Government Offices. Administrative, clerical, or public contact offices of a government agency, including postal facilities, together with incidental storage and maintenance of vehicles. This classification excludes corporation yards, equipment service centers, and similar facilities that primarily provide maintenance and repair services and storage facilities for vehicles and equipment (See Utilities, Major).
Group Residential. Shared living quarters without separate kitchen or bathroom facilities for each room or unit, offered for rent for permanent or semi-transient residents on a weekly or longer basis. This classification includes rooming and boarding houses, dormitories, private residential clubs, and residential hotels intended Porterville Development Ordinance
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for long-term occupancy (thirty (30) days or more) but excludes Hotels and Motels, Residential Care, Limited or General.
Handicraft/Custom Manufacturing. Manufacture of crafts, art, sculpture, stained glass, jewelry, apparel, and similar items using hand tools and small mechanical devices.
Heliports. Facilities for the takeoff and landing of helicopters, as a primary use.
Heliports typically contain one (1) or more helipads and may have limited facilities such as fuel, lighting, a windsock, or even hangars.
Hotels and Motels. Establishments offering lodging to transient patrons. These establishments may provide additional services, such as conference and meeting rooms, restaurants, bars, or recreation facilities available to guests or to the general public.
This classification includes motor lodges, motels, hostels, extended-stay hotels, and tourist courts, but does not include rooming houses, boarding houses, or private residential clubs.
Industry, General. Manufacturing of products from extracted or raw materials or recycled or secondary materials, or bulk storage and handling of such products and materials. This classification includes operations such as biomass energy conversion; food and beverage processing; textile mills; production apparel manufacturing; photographic processing plants; leather and allied product manufacturing; wood product manufacturing; paper manufacturing; chemical manufacturing; plastics and rubber products manufacturing; nonmetallic mineral product manufacturing; primary metal manufacturing; fabricated metal product manufacturing; and automotive, ship, aircraft, and heavy equipment manufacturing.
Industry, Limited. Establishments engaged in light industrial activities taking place primarily within enclosed buildings and producing minimal impacts on nearby properties. This classification includes operations such as manufacturing finished parts or products primarily from previously prepared materials; commercial laundries and dry cleaning plants; mobile home manufacturing; monument works; printing, engraving and publishing; computer and electronic product manufacturing; furniture and related product manufacturing; and industrial services.
Instructional Services. Establishments that offer specialized programs in personal growth and development such as music, vocal, fitness and dancing instruction.
Light Fleet-Based Services. Passenger transportation services, local delivery services, medical transport, and other businesses that rely on fleets of three (3) or more vehicles with rated capacities less than ten thousand (10,000) lbs. This classification includes parking, dispatching, and offices for taxicab and limousine operations, ambulance services, non-emergency medical transport, local messenger and document delivery services, home cleaning services, and similar businesses. This classification does not include towing operations (See Automobile/Vehicle Sales and Service, Towing and Series 700: General Terms
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Impound) or taxi or delivery services with two (2) or fewer fleet vehicles on-site (See Business Services).
Maintenance and Repair Services. The on-site maintenance or repair of office machines, household appliances, furniture, and similar items. This classification excludes maintenance and repair of vehicles or boats (see Automotive Sales and Services) and personal apparel (See Personal Services).
Medical Facilities. These classifications exclude veterinaries and animal hospitals (see Animal Care, Sales, and Services) and medical marijuana dispensaries.
Hospitals. State-licensed facilities providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons.
Medical Clinic. This classification includes facilities for multiple physicians, medical groups, inpatient or outpatient treatment, including substance-abuse programs as well as training, research, and administrative services for patients and employees.
Professional/Medical. This classification is for the single practitioner; to include offices where medical and dental services are provided by physicians, dentists, chiropractors, optometrists, and similar medical professionals.
Mining and Quarrying. The extraction of nonmetallic minerals, including dredging and sand and gravel pit operations. This classification includes surface mining operations.
Mobile Home Parks. Mobile housing in a planned development with common area amenities. Spaces for mobile homes may be rented, leased or owned through a subdivision, cooperative, condominium or other form of resident ownership.
Multi-Family Residential. Two (2) or more dwelling units on a lot. Types of multiple family dwellings include duplexes, garden apartments, senior housing developments, and multi-story apartment buildings.
Nurseries and Garden Centers. Establishments primarily engaged in retailing nursery and garden products—such as trees, shrubs, plants, seeds, bulbs, and sod— that are predominantly grown elsewhere. These establishments may sell a limited amount of a product they grow themselves. Fertilizer and soil products are stored and sold in package form only. This classification includes wholesale and retail nurseries offering plants for sale.
Offices
General Offices. Offices of firms or organizations providing professional, executive, management, administrative or design services, such as accounting, architectural, computer software design, engineering, graphic design, interior design, investment, Porterville Development Ordinance
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and legal offices, excluding banks, and savings and loan associations (see Banks and Financial Institutions).
Walk-In Clientele. Offices of firms or organizations providing services to the public that rely on heavy pedestrian activity and constant visits by clients, including real estate offices, landlord-tenant services, credit counseling, and financial tax services.
Park and Recreation Facilities, Public. Parks, playgrounds, fairgrounds, recreation facilities, trails, wildlife preserves, and related open spaces, all of which are noncommercial. This classification also includes playing fields, courts, gymnasiums, swimming pools, picnic facilities, tennis courts, and golf courses, botanical gardens, as well as related food concessions or community centers within the facilities.
Parking, Public or Private. Surface lots and structures for use of occupants, employees, or patrons on the subject site or offering parking to the public for a fee when such use is not incidental to another activity.
Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber and beauty shops, tattoo parlors, seamstresses, tailors, dry cleaning agents (excluding large-scale bulk cleaning plants), shoe repair shops, selfservice laundries, photocopying and photo finishing services, and travel agencies.
Public Safety Facilities. Facilities providing public-safety and emergency services, including police and fire protection and emergency medical services, with incidental storage, and maintenance facilities.
Recycling Facility. A facility for receiving, temporarily storing, transferring and/or processing materials for recycling, reuse, or final disposal. A certified recycling facility or certified processor means a recycling facility certified by the California Beverage Container Recycling and Litter Reduction Act. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. This use type does not include waste transfer facilities that operate as materials recovery, recycling, and solid waste transfer operations and are classified as utilities.
Reverse Vending Machine. An automated mechanical device that accepts, sorts and processes recyclable materials and issues a cash refund or a redeemable credit slip.
Recycling Collection Facility. A use that serves as a neighborhood drop off point for the temporary storage of recyclable materials but where the processing and sorting of such items is not conducted on-site.
Recycling Processing Facility. Facilities that receive, sort, store and/or process recyclable materials.
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Religious Facilities. A facility for religious worship and incidental religious education and offices, including churches, temples, and other facilities used primarily for religious services or activities. This classification excludes private schools for primary or secondary education, as defined in this section, which also may be available for temporary use by the general public or civic, cultural, or educational organizations.
Residential Care Facilities, General. Facilities that require a State license or are State licensed and provide twenty-four (24) hour primarily non-medical care and supervision, or skilled nursing services, for more than six (6) persons in need of personal services, supervision, protection, or assistance for sustaining the activities of daily living. Living accommodations are shared living quarters with or without separate kitchen or bathroom facilities for each room or unit. This classification includes facilities that are operated for profit as well as those operated by public or not-for-profit institutions, including hospices, nursing homes, skilled nursing facilities, and convalescent facilities. This category excludes transitional housing, foster family homes, community service facilities, and any facilities supervised by or under contract with the State Department of Corrections.
Residential Care Facilities, Limited. Facilities that require a State license or are State licensed and provide twenty-four (24) hour non-medical care and supervision for six (6) of fewer persons in need of personal services, supervision, protection, or assistance for sustaining the activities of daily living, excluding the licensee or members of the licensee’s family or persons employed as facility staff. Living accommodations are shared living quarters with or without separate kitchen or bathroom facilities for each room or unit. This classification includes facilities that are operated for profit as well as those operated by public or not-for-profit institutions, including hospices.
Retail Sales. The retail sale or rental of merchandise not specifically listed under another use classification. This classification includes department stores, clothing stores, furniture stores, pet supply stores, small hardware stores (with ten thousand (10,000) square feet or less of floor area), and businesses retailing the following goods:
toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies and services (including portraiture and retail photo processing), medical supplies and equipment, pharmacies, electronic equipment, records, sporting goods, kitchen utensils, hardware, appliances, antiques, art galleries, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, video rental, and new automotive parts and accessories (excluding vehicle service and installation). Retail sales may be combined with other services such as office machine, computer, electronics, and similar small-item repairs. This classification includes secondhand and wholesale stores. This classification excludes medical marijuana dispensaries.
Swap Meet. Any indoor or outdoor place, in an approved location, or for an approved activity where new or used goods or secondhand personal property is offered for sale or exchange to the general public by a multitude of individual licensed vendors, usually in compartmentalized spaces. The term swap meet is interchangeable with and applicable to: flea markets, auctions, open air markets, farmers markets, or other Porterville Development Ordinance
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similarly named or labeled activities; but the term does not include the usual supermarket or department store retail operations.
Salvage and Wrecking. Storage and dismantling of vehicles and equipment for sale of parts, as well as their collection, storage, exchange or sale of goods including, but not limited to, any used building materials, used containers or steel drums, used tires, and similar or related articles or property.
Schools, Public or Private. Facilities for primary or secondary education, including public schools, charter schools, and private institutions having curricula comparable to that required in the public schools of the State of California.
Sexually Oriented Business. An establishment or concern that, as a regular and substantial course of conduct, offers, sells or distributes adult-oriented merchandise, or that offers to its patrons materials, products, merchandise, services, entertainment or performances that have sexual arousal, sexual gratification, and/or sexual stimulation as their dominant theme, or are characterized by an emphasis on specified sexual activities or specified anatomical areas and are not customarily open to the general public because they exclude minors by virtue of their age. This classification does not include any establishment offering professional services conducted, operated, or supervised by medical practitioners, physical therapists, nurses, chiropractors, psychologist, social workers, marriage and family counselors, osteopaths, and persons holding licenses or certificates under applicable State law or accreditation from recognized programs when performing functions pursuant to the respective license or certificate. Includes Sexually Oriented Businesses defined in Section 301.17(b), Definitions.
Single Family Dwelling. A dwelling unit designed for occupancy by one (1) household, and located on a separate lot from any other unit (except accessory living quarters, where permitted). This classification includes individual manufactured housing units installed on a foundation system pursuant to Section 18551 of the California Health and Safety Code.
Detached. A single-family dwelling unit that is not attached to any other dwelling unit.
Attached. A single-family dwelling unit, located singly on a lot, but attached through common vertical walls to one (1) or more dwellings on abutting lots. An attached single-family dwelling unit is sometimes referred to as a “townhome.” Single Room Occupancy. A residential facility where individual secure rooms, which may or may not include cooking facilities, are rented to one (1) or two (2) person households for a weekly or monthly period of time. This use type is distinct from a Hotel or Motel, which is a commercial use.
Social Service Facilities. Any noncommercial facility, such as homeless shelters, and emergency shelters, that may also provide meals, showers, and/or laundry facilities.
Specialized programs and services related to the needs of the residents may also be Series 700: General Terms
499
provided. This classification excludes transitional housing facilities that provide living accommodations for a longer term.
Transitional and Supportive Housing. As defined in Section 50675.2 and 50675.14, respectively, of the Health and Safety Code
Transportation Passenger Terminals. Facilities for passenger transportation operations. This classification includes rail stations, bus terminals, and scenic and sightseeing facilities, but does not include airports or heliports.
Utilities, Major. Generating plants, electric substations, solid waste collection, including transfer stations and materials recovery (recycling processing) facilities, solid waste treatment and disposal, water or wastewater treatment plants, and similar facilities of public agencies or public utilities.
Utilities, Minor. Facilities accessory to an established use involving only minor structures, such as electrical distribution lines, solar panels and underground water and sewer lines.
Utilities, Renewable Energy Facility. Facilities including solar, wind or other facility utilizing renewable energy.
Warehousing and Storage. Storage and distribution facilities without sales to the public on-site or direct public access.
Chemical, Mineral, and Explosives Storage. Storage of hazardous materials including but not limited to: bottled gas, chemicals, minerals and ores, petroleum or petroleum-based fuels, fireworks, and explosives.
Indoor Warehousing and Storage. The storage of general merchandise or refrigerated goods within enclosed buildings. Establishments in this classification provide facilities to store commercial goods, but do not sell the goods they handle.
They may provide a range of services related to the distribution of goods, including labeling, breaking bulk, inventory control and management, order entry and fulfillment, price marking and ticketing, and transportation arrangement. However, they always provide warehousing or storage in addition to any logistics services.
Personal Storage. Facilities offering storage for individual use, including miniwarehouses and mini-storage.
Wholesaling and Distribution. Indoor storage and sale of goods to other firms for resale; storage of goods for transfer to retail outlets of the same firm; or storage and sale of materials and supplies used in production or operation, including janitorial and restaurant supplies. Wholesalers are primarily engaged in business-to-business sales, but may sell to individual consumers through mail or internet orders. They normally operate from a warehouse or office having little or no display of merchandise, and are not designed to solicit walk-in traffic.
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Item No. 20.
CITY COUNCIL AGENDA – JUNE 17, 2025
SUBJECT: Initiation of Comprehensive Review and Modernization of Article 305 – Signs of the Porterville Development Ordinance
SOURCE: City Manager's Office
COMMENT: Article 305 – Signs of the Porterville Development Ordinance establishes zoning-based regulations for freestanding signs, wall signs, projecting signs, temporary signs, and other advertising displays. While these standards have supported local land use goals and contributed to the visual consistency of the built environment, Article 305 may no longer reflect the needs of the business community or the priorities of the City Council.
As part of the City’s broader effort to modernize the development ordinance, staff has been working with a consultant to review and update various land use regulations, including signage. The City Council has also met with the consultant to provide policy direction, emphasizing the importance of balancing regulatory flexibility with safety, aesthetics, and consistency with federal, state, and local standards.
In response to Council’s expressed interest in reducing regulatory burdens and increasing flexibility, staff is recommending an expedited review and update of Article 305 in advance of broader development ordinance revisions. This effort reflects a shared desire between staff and the City Council to support local businesses, simplify permitting, and eliminate outdated or duplicative provisions.
A staff-led working group will be formed to evaluate Article 305 and prepare proposed revisions. Areas of focus will include streamlining the permitting process, expanding flexibility for temporary and creative signage, modernizing enforcement tools, and ensuring legal compliance with content-neutral standards.
Staff will return to the City Council within 30 days with draft revisions to Article 305 and a proposed schedule for formal adoption.
RECOMMENDATION: That the City Council:
Item No. 20.
1. Direct staff to initiate an expedited review and modernization of Article 305 – Signs of the Porterville Development Ordinance;
2. Establish a staff-led working group to evaluate and
recommend changes based on Council direction, prior consultant input, and stakeholder feedback;
3. Direct staff to return within 60 days with proposed revisions and an implementation schedule for Council consideration.
ATTACHMENTS: 1. Article 305 - Signs
Appropriated/Funded:
Review By:
Department Director:
Richard Tree, Interim City Manager
Final Approver: Richard Tree, Interim City Manager
ARTICLE 305. SIGNS
SECTION:
305.01: Purpose
305.02: Policies
305.03: Applicability
305.04: Design Principles
305.05: Exempt Signs
305.06: Prohibited Signs
305.07: General Standards
305.08: Sign Standards For Residential Districts
305.09: Sign Standards For Non-residential Districts
305.10: Standards For Specific Types Of Signs
305.11: Temporary Signs
305.12: Permits Required; Review Process
305.13: Master Sign Program
305.14: Nonconforming Signs
305.15: 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 well-being 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. (Ord. 1866, 11-19-2019) 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, which 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.
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. (Ord. 1866, 11-19-2019) 305.03: APPLICABILITY:
The requirements and development standards in this chapter apply to signs in all zoning districts, unless otherwise specified. (Ord. 1866, 11-19-2019)
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.
FIGURE 305.04C: 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. (Ord. 1866, 11-19-2019) 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. 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. 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 up to ninety (90) days following issuance of a building permit. The sign shall be no larger than the previously permitted permanent sign.
C. One (1) sign, with a maximum sign area of thirty-two (32) square feet, per street frontage on real property where construction, structural alteration or repair is to take place, or is taking place. Construction signs shall be removed upon final building inspection.
D. 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, such as those represented in Figure 305.05(D).
FIGURE 305.05D: 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. A maximum of one sign per apartment house, boarding or rooming house, or similar use, not exceeding six (6) square feet in area.
H. A maximum of two signs per building within six feet of the building entrances for commercial, industrial, and office uses, not exceeding six square feet per building. Government uses, in addition to the aforementioned six square feet per building, may include not more than one shadowbox with not more than ten square feet of display area.
I. Up to two on-site signs for public or private developments, not exceeding four (4) square feet in area per face, and not exceeding forty-eight inches in height, provided such signs are not prohibited or further regulated by other sections of this or any other chapter of the Porterville Municipal Code. Uses that include a drive-through service window are allowed one additional sign per this exemption.
J. Properties or lease spaces may display not more than one (1) on-site 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, per street frontage of a parcel when the property is currently for sale or rent. Such signs shall be removed within 5 days following close of escrow or finalization of sale, rental or lease.
K. 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.
L. One sign per business provided by said 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.
M. Bus stop, shelter, and bench advertisement displays as permitted by the Transit Advertising Policy.
N. Up to four (4) signs placed by the City of Porterville and owned or funded by the City, around the periphery of the city limit at major transportation routes, within public rights of way, or on property owned by a third party, as authorized by that party. (Ord. 1866, 11-19-2019)
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 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).
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 305.06L: 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. Signs of public property. Signs located on public lands, including but not limited to public rights of way, parks, public buildings, storm drainage basins, and facilities are prohibited. When associated with rental or reservation of such facility, signs may be placed during the event for which the reservation was made; however, such signs must be removed at the end of the reservation period. (Ord. 1866, 11-19-2019)
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 inTable 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.
FIGURE 305.07B: MEASURING SIGN AREA
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 305.07B3: 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.
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, electro-mechanical, 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 uses, gas station uses, 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. (Ord. 1866, 11-19-2019) 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. (Ord. 1866, 11-19-2019) 305.09: SIGN STANDARDS FOR NONRESIDENTIAL DISTRICTS:
Signage in non-residential districts shall comply with the standards inTable 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.
TABLE 305.09
SIGN AREA AND SIGN STANDARDS FOR SPECIFIC SIGN TYPES AND ZONING DISTRICTS Zoning Districts
(Frontage)
Sign Area Allowed
(Square Feet Per 1
Linear Foot Of
Building Frontage)
Permitted Sign Types
Zoning Districts
(Frontage)
Sign Area Allowed
(Square Feet Per 1
Linear Foot Of
Building Frontage)
Permitted Sign Types
DR-N, D-MX 2
Awning and canopy
Marquee
Projecting
Wall
Window
D-PO 2
Awning and canopy
Monument
Projecting
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
CMX, CN, PO 1.5
Awning and canopy
Freestanding
Marquee
Monument
Projecting
Wall
Window
Awning and canopy
Freestanding
CG, CR 3
Marquee
Monument
Projecting
Wall
Window
IP, IG, IA 2
Awning and canopy
Freestanding
Marquee
Monument
Projecting
Wall
Window
REC, PK, PS 2
Awning and canopy
Freestanding
Monument
Projecting
Wall
(Ord. 1866, 11-19-2019)
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:
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 305.10B: 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.
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 305.10C: 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.
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 305.10F: MONUMENT SIGNS
G. Freestanding Signs. 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 305.10G: FREESTANDING SIGNS
H. Other Sign Types
1. Commercial Center Identification Signs. One Commercial Center Identification sign per Center 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 four (4) 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.
3. Mobile Signs. Signs pulled on a trailer or otherwise mounted to a vehicle may be allowed subject to the following limitations:
a. Permit process. Only three such signs shall be permitted at a given time. A party wishing to present signage in a mobile or semi-mobile manner may apply for a conditional use permit. The conditional use permit will be valid for a term of one year. The three terms will initiate on a rotational basis, beginning in January, May, and September of each year. A lottery will be held in December, April, and August of each year for the respective terms. b. Materials. A mobile sign permitted per this section shall be developed of materials as prescribed in Section305.07, and shall include any additional design considerations to assure that such signs are securely and safely affixed to the host vehicle in consideration of its use on local streets and roadways. c. Size. Signs may not exceed the height of the vehicle to which they are affixed by more than eighteen inches, and may not extend beyond the horizontal dimensions of the trailer on which they are mounted. d. Exemptions. Decals, paint, stickers, and similar treatments affixed directly to the exterior of the host vehicle, or to a trailer, are exempted from this ordinance, provided that:
(1) Lighting, changeable copy, and digital signs are not permissible exemptions. (2) In order for signage on a trailer to be exempt, the trailer shall meet the standard minimum dimensions established by the U.S. Department of Transportation, Federal Highway Administration, in the Federal Size Regulations for Commercial Motor Vehicles.
e. Signs placed or displayed on vehicles parked in a conspicuous location that do not otherwise suit the above noted exemptions shall be considered mobile signage and are subject to this section. (Ord. 1866, 11-19-2019) 305.11: TEMPORARY SIGNS:
The following types of temporary signs are permitted, provided that they conform to the standards of this section:
A. Signs Associated with Non-Residential Uses: Banners, handheld signs, portable signs and other similar temporary advertising devices shall be prohibited, except for business openings, special events, promotional events and new subdivisions 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 during 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.
10. 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, one additional temporary sign may be permitted without a temporary use permit, subject to the following size limitations:
a. Size Limitations in a Residential Zone District. The following size limitations apply:
(1) Four (4) square feet of cumulative signage when located on private property with frontage on a local street as designated in the General Plan.
(2) Eight (8) square feet of cumulative signage when located on private property with frontage on an Arterial or Collector Street as designated in the General Plan.
b. Size Limitations in a Non-Residential Zone District. The following size limitations apply:
(1) Sixteen (16) square feet of cumulative signage when located on private property. (2) Four (4) square feet of cumulative signage when located within the public right of way.
B. Signs Associated With Residential Uses. On residential uses, non-illuminated temporary signs, with the size restrictions 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. Size Limitations in a Residential Zone District. The following size limitations apply:
a. Four (4) square feet of cumulative signage when located on private property with frontage on a local street as designated in the General Plan.
b. Eight (8) square feet of cumulative signage when located on private property with frontage on an Arterial or Collector Street as designated in the General Plan.
2. Size Limitations in a Non-Residential Zone District. The following size limitations apply:
a. Sixteen (16) square feet of cumulative signage when located on private property. b. Four (4) square feet of cumulative signage when located within the public right of way.
3. 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.
C. Developers of a new subdivision being developed in the City may be permitted signs subject to the following requirements:
1. One (1) sign per street frontage with a maximum of three (3) temporary 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).
b. Height. A maximum of ten (10) feet .
c. Duration. Signs shall be removed twelve (12) months from the date the permit for same is issued, or within one year of the date that the most recent building permit was issued for a new house within the subdivision. 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. Up to four (4) off-site signs 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 shall be removed twelve (12) months from the date the permit for same is issued, or within one year of the date that the most recent building permit was issued for a new house within the subdivision. 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. (Ord. 1866, 11-19-2019) 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 Section305.05, 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
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. (Ord. 1866, 11-19-2019)
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 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 decision-making 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. (Ord. 1866, 11-19-2019)
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. (Ord. 1866, 11- 19-2019)
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 right-of-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. (Ord. 1866, 11-19-2019)